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Home My WebLink AboutC-6339 - Commercial Service AgreementM U co/ Commercial Service Agreement 1W21/20IS ,[Cox Account Rep: Pebbie nlenny Pox System Address: one Number: 49-b46-23W E9941vent a De Las Banderas ax Number: 77-873-0942 IlRanChO Santa Margarita, CA 92688 Customer Information Authorized Customer Representative Information egal Company Name: lNewport Beach Police Dept. Full Name: John Veale treet Address: 1870 SANTA BARBARA DR illing Contact: Man Alonzo ity/State/Zip: EWPORT BEACH, CA - 92660 Fax: illing Address: 70 Santa Barbara Dr. ontact Number: 49-644-3649 ity/State/Zip: EWPORT BEACH, CA - 92660 mail Address: veale@nbpd.org ox Account #: 788 301 Taxes and Fees Not Included Service Description Prev QTY New QTY Unit Price Term Months) Service Charges Monthly Recurring One Time Activation & Setup Fees Cox Business TV Expanded - DTA Pro Install 0 1 74.98 36 74.98 0.00 Cox Business TV Expanded - DTA Pro Install 0 35 5.99 36 209.65 0.00 CBI 50-50Mbps x 10Mbps 0 1 279.00 24 279.00 0.00 - Additional Features 0 0.00 0.00 0.00 Cox Optical Internet 50 Mbps 0 1 1,350.00 24 1,350.00 0.00 -Additional Features 0 0.00 1 1 0.00 0.00 Totals: I I 1 1 1.913.63 0.00 Equipment Charges Description Quantity Unit Price Total Fee f you are purchasing Dedicated Service Facilities. Merge Bill or Dedicated Service Facilities (e.g. Private Une Type Services, Ethernet Services). By Initialing here and signing below, ustomer represents that at least 10% of the traffic an the designated circuit(s) is Inter -State in nature or is Internet traffic. Special Conditions Renew24 months. Notwithstanding anything to the contrary contained in the Service Terms, General Terms, or any other provision of this Agreement, Cox cknowledges that Customer shall have no obligation to indemnify or reimburse Cox for any attorneys' fees incurred by or through Cox in connection with any ispute or legal action arising between the parties in connection with this Agreement or the Services. Cox affirmatively waives all such rights with respect to Customer. Promotion Details y signing this Agreement, you represent that you are the authorized ustomer representative and the information above is true an correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. Customer acknowledges and accepts that Customer is solely responsible for protecting its network, equipment and the software through the use of firewalls, anti -virus and other security devices. Customer further acknowledges and accepts that Customer is solely responsible for fraudulent activity and related charges that result from Customer's failure to protect its network, equipment and the software. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications California, LLC; Cox California Telcom, LLC Signature: CSC Signature: Print: I't.S0 IL Print: Title Position: P 0 Title Position: Date: Date: This "Agreement" Includes the terms and conditions (1) on the previous page or, if in the Cox Business e-commerce environment, as selected above (the "Cover Page"); (ii) on this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (ill) set forth at http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State In which the Customer location receiving the Regulated Service Is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, If applicable, the SG, as amended. Customer must disclose to Cox if Customer Intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COWS 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http -//ww2.cox.com/huNnesc/voice/re0nlatnrv.cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR [AD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR [AD INSTALLED IN YOUR BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term Is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. if Customer delays Installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining In the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. S. Payment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non -recurring charges ("NRCs"), if any, by the due date on the Invoice. Any amount not received by the due date shown on the applicable Invoice will be subject to Interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or if Customer falls to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, Imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No Interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services Identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment. Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not Interfere or Impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (III) is In accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is Incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational Institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, In addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. APPROVED AS TO FORM: CITY ATTORNEYS OFFE Date: to /a.t Z i 5 Co'/Business' Cust Account N: Sales Rep: Debbie Glenny CUSTOMER INFORMATION Customer Name: Newport Beach Police Dept. Doing Business As: Service Address: 870 SANTA BARBARA DR City/State/Zip: NEWPORT BEACH, CA - 92660 Orden Summary Sales Phone: 949-546-2309 Sales Fax: 877-873-0942 AUTHORIZED CUSTOMER CONTACT INFORMATION Ordered By: John Veale Ttitle: Primary Contact Business Phone: 949-644-3649 Coll Phone: 287-9115 Business Fax: E-Mail Address: jvcale@nbpd.org All Totals: $1,913.63 $0.00 S0.00 Product Name jQty I Term Action MRC NRC I Network Interface fee Cox Business TV Expanded - DTA Pro Install 1 1 36 1 Qualify574.98 $0.00 $0.00 Product Name Qt Term Action MRC NRC Network Interface fee Cox Business TV Expanded - DTA Pro Install 35 36 0 qualEP S209.65 moo $0.00 Product Name Qt Term Action MRC NRC Network Interface fee CBI 50-51)NIbps x 10fvtbps Bundled 2-1. in Prequa lily S279.00 50.00 S0.00 Product Name Qt Term Action MRC NRC Network Interface fee Cox Optical Internet 50 Pabps 1 2.1 0'/ Prequa 51,350.00 S0.00 50.00 Service Codes Address Price i 6'illino Code tune Description Qtv I Service Codes Address Billing Code Type Description Qt Price 870 SANTA BARBARA DR, NEWPORT BEACH, 27101 P,1RC Cox Business TV Starter 1 524.00 CA - 92660 870 SANTA BARBARA DR, NEWPORT BEACH. 27111 tvIRC Business TV Expanded Service 1 $48.99 CA - 92660 870 ANTA BARBARA DR, NEWPORT BEACH, 27808 Install Business TV Receiver Install 1 50.00 CA - 92660 870 'ANTA BARBARA DR, NE4VPORT BEACH, 27324 t`1RC Business Vid Faith &Values Tier 1 S0.00 CA - 92660 870 SAN I A BARBARA R. N -4VP BEACH, 27695 P:1RC Business TV Digital Adapter 1 S 1.99 CA - 92660 Service Codes Address Billing Code Typo Description Qt Price 870 SAN (A BARBARA DR, NE�PJPORT BEACH, 27101 h�1RC Cox Business TV Starter 35 52.00 CA - 92660 870 SANTA BARBARA DR, NEWPORT BEACH, 27111 r�1RC Business TV Expanded Service 35 52.00 CA - 92660 870 SANTA BARBARA DR, NEWPORT BEACH, 27808 Install Business TV Receiver Install 35 S0.00 CA - 92660 870 SANTA BARBARA R, N 4VP BEACH, 27324 P,1RC Business Vid Faith �`k Values Tier 35 MOOCA - 92660 87 SANTA BARBARA R, NEWPORT BEACH, P7695 Pv1RC Business TV Digital Adapter 35 S1.99 CA - 92660 Service Codes Address Billing Code Type Description Qt Price 870 SAN TF. BARBARA DR, NL=WPORT BEACH, CA - 92660 20501 P.IRC Cox haail Premium 5 Mailboxes-10 GB 2 50.00 870 SANTA BARBARA DR, NL=+.,?rPORT BEACEt. CA - 92660 40750 Install Regular Install 1 50.00 870 SAN TA BARBARA DR, NEWPORT B=ACFi, CA - 92660 43007 P.1RC CBI 50 (1 S279A0 Feature Codes Address Billin Code Type Description Qtv I Price 870 SAN (A B.ARBA UR, NE`rVP I' BEAU f-r' CA - 92660 10202 � E,;::C Static EP Address -Included 1 S0.00 870 SANTA BARBARA DR, NEWPORT BEACH, CT -92660 18240 MRC Cox Optical Internet 50 Mbps 1 $1,350.00 870 SANTAA A DR, NEWPORTBEACH, CA - 92660 2883 Install Cox Optical Internet Installation 1 $0.00 70 SANTA BARBARA D, N A H, CA - 92660 21900 Equipment COI Equipment 1 $0.00 Feature Codes Address BiIlin Code T e Description Qt Price 870 SANTA BARBARA DR, NEWPORT BEACH, CA - 92660 18622 MRC IP Address Block -l28 (16 IPs) 1 S0.00