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Home My WebLink AboutContract # : C20-0135 - COX COMMUNICATIONS ARIZONA, LLC, COX ARIZONA TELCOM, LLC - Execution Date: 2/4/2020 DocuSignEnvelope ID 74BEC551-DEE7-4B02-9529-7659A9308F6C C O)( Commercial Services Agreement 11/20/2019 BUSINESS Cox Account Rep: Melissa Dus Cox System Address: C 20-0135 Phone Number: 6233282940 1550 W Deer Valley Rd Fax Number: 623.322.7500 Phoenix, AZ 85027 • _ Legal Company Name: GLENDALE POLICE Full Name: Diana Grimm Street Address: 6255 W UNION HILLS DR Billing Contact: 623-456-4578 City/State/Zip: Glendale,Arizona 85308 Fax: Billing Address: Contact Number: 623-930-3219 City/State/Zip: Email Address: DGrimm@glendaleaz.com Cox Account#: 436-1526840-01 Merge Bill No Service Description Prey New Unit Term Service Charges QTY QTY Price (Months) Monthly One Time Recurring Activation& Setup Fees Cox Business TV Starter-Additional Outlet(s) 7 9 $0.00 M-M $0.00 Cox Business TV Essential -Additional Outlet(s) 7 9 $0.00 M-M $0.00 Business TV Digital Adapter Additional 5 7 $2.99 60 $20.93 1 Totals: $20.93 $0.00 Description Quantity Unit Price Total Fee Version 09.14.2017 Page 1 : 4:58:01 PM DocuSign Envelope ID:74BEC551-DEE7-4602-9529-7659A9308F6C This Commercial Services Agreement (the "Agreement") includes (i) this paragraph, the language above and Exhibit A (collectively, the "Service Terms"); (ii) the terms and conditions set forth at http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the "General Terms") and (iii) any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides set forth at http://ww2.cox.com/business/voice/regulatory.cox ("SG"), State and Federal regulations, the Cox Acceptable Use Policy (the "AUP"), and Cox's Internet Service Disclosures located at www.cox.com/internetdisclosures. Exhibit A is attached to and incorporated into this Agreement by this reference. Customer acknowledges receipt and acceptance of the Service Terms (including Exhibit A), the AUP, General Terms, and all other referenced terms and conditions by signing this Agreement. By signing this Agreement, Customer accepts that any and all disputes arising out of, relating to or concerning this Agreement and/or the Services shall be resolved through mandatory and binding arbitration unless Customer opts out pursuant to the Dispute Resolution Provision in the General Terms. 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. By signing this Agreement, Customer acknowledges that if (i) the transport Service(s) (e.g. Private Line Type Services, Ethernet Services) cross state boundaries or(ii) at least 10% of traffic on said transport Service(s) is Interstate in nature or designated for Internet traffic, then the entire transport Service(s) is considered Interstate. Customer has reviewed the interstate/intrastate designation of the transport Service(s) listed in the Service Description above and attests that all such designations are correct. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. This Agreement shall be effective upon execution by Customer and "Acceptance" by 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. Customer acknowledges that it has read and understands the 911 disclosures in Section 2 of the Service Terms. B si•nin• this A•reement ou represent that you are the authorized Customer representative. Customer Authorized Signature r Cox Communications Arizona, LLC., Cox Arizona Telcom, C - OF GL€41)AL e. POO C&DEPAI�.p(7)1E 1 LLC Signature Signatur :Oez, Signature: ,—Docusignedby: Print: (/ Chris Briggs Print: Eugene Title Position: Chief of Police Title Position: Sales Manager Date: I / a$ / clod a Date: 1/23/2020 ATT City Clerk ,);)roved am to form 0;; Version 09.14.2017 Page 2 : 4:58:01 PM DocuSign Envelope ID:74BEC551-DEE7-4602-9529-7659A9308F6C XHIBIT A 1. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S related facilities and equipment, the ownership of which shall be 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 retained by Cox (the "Cox Equipment"), or for certain Services, SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE Customer, may purchase equipment from Cox ("Customer htta://ww2.cox.com/business/voice/reoulatorv.cox. Purchased Equipment"). Customer is responsible for damage to any 2. Service Start Date and Term The"Initial Term"shall begin Cox Equipment. If Cox Equipment is not returned to Cox after upon installation of Service and shall continue for the applicable termination or disconnection of Services, Customer shall be liable Term commitment set forth above in the Service Terms. However, if for the Cox Equipment costs. Customer may use the Services for Customer delays installation or is not ready to receive Services on any lawful purpose, provided that such purpose: (i) does not the agreed-upon installation date, Cox may begin billing for Services interfere or impair the Cox network or Cox Equipment; (ii) complies on the date Services would have been installed. Cox shall use with the AUP; and (iii) is in accordance with the terms and reasonable efforts to make the Services available by the requested conditions of this Agreement. Customer shall use the Cox service date. Cox shall not be liable for damages for delays in Equipment only for the purpose of receiving the Services. Customer meeting service dates due to install delays or reasons beyond Cox's shall use Customer Purchased Equipment in accordance with the control. If Customer delays installation for more than ninety (90) terms of this Agreement and any related equipment purchase days after Customer's execution of this Agreement,Cox reserves the agreement. Unless provided otherwise herein, Cox shall use right to terminate this Agreement by providing written notice to commercially reasonable efforts to maintain the Services in Customer and Customer shall be liable for Cox's reasonable costs accordance with applicable performance standards. Cox network incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL management needs may require Cox to modify upstream and AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN downstream speeds. Use of the Services shall be subject to the AUP "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY at http://ww2.cox.com/aboutus/policies/business-policies.cox, WRITTEN TERMINATION NOTICE AT LEAST THIRTY(30)DAYS PRIOR which is incorporated herein by reference. Cox may change the AUP TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT from time to time during the Term. Customer's continued use of the EXTENDED TERM. "Term"shall mean the Initial Term and Extended Services following an AUP amendment shall constitute acceptance Term (s), if any. Cox reserves the right to increase rates for all of the revised AUP. Services by no more than ten percent (10%) during any Extended 6. General Terms The General Terms are hereby Term by providing Customer with at least sixty (60) days written incorporated into this Agreement by reference. BY EXECUTING notice of such rate increase. This limitation on rate increases shall THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, not apply to video Services or Services for which rates, terms and CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, conditions are governed by a Cox tariff or SG. Upon notice to AND AGREED TO BE BOUND BY THE GENERAL TERMS. Customer, Cox may change the rates for video Services periodically 7. LIMITATION OF LIABILITY IN ADDITION TO ANY OTHER during the Term. Cox may change the rates for telephone Service LIMITATIONS ON LIABILITY CONTAINED IN THE AGREEMENT, subject to a Cox tariff or SG periodically during the Term. For the NEITHER COX NOR ANY COX RELATED PARTY SHALL BE LIABLE avoidance of doubt, promotional rates and promotional discounts FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF provided to Customer will expire at the end of the Initial Term or ANY SERVICES, OR FOR ANY LOSS OF DATA OR STORED earlier as set forth in the promotion language. Customer's payment CONTENT, IDENTITY THEFT, OR FOR ANY PROBLEM WITH THE for Service after notice of a rate increase will be deemed to be SERVICES OR EQUIPMENT OF ANY THIRD PARTY, NOR SHALL COX Customer's acceptance of the new rate. NOR ANY COX RELATED PARTY BE RESPONSIBLE FOR FAILURE OR 3. Termination Customer may terminate any Service before the ERRORS OF ANY COX SERVICE, COX EQUIPMENT, SIGNAL end of the Term selected by Customer above in the Service Terms TRANSMISSION, LICENSED SOFTWARE, LOST DATA, FILES OR upon at least thirty (30) days written notice to Cox; provided, SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. NEITHER COX however, if Customer terminates any such Service before the end of NOR ANY COX RELATED PARTY WILL BE LIABLE FOR DAMAGE TO the Term (except for breach by Cox), unless otherwise expressly PROPERTY OR FOR PHYSICAL INJURY TO ANY PERSON ARISING stated in the General Terms, Customer will be obligated to pay Cox FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS a termination fee equal to the nonrecurring charges (if unpaid) and CAUSED BY THE NEGLIGENCE OF COX. UNDER NO One Hundred Percent (100%) of the monthly recurring charges for CIRCUMSTANCES WILL COX OR ANY COX RELATED PARTY BE the terminated Service(s) multiplied by the number of months, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR including partial months, remaining in the Term. Cox may terminate CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,ARISING this Agreement without liability at any time prior to installation of FROM THIS AGREEMENT OR PROVISION OF THE SERVICES. Services if Cox determines that Customer's location is not reasonably 8. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, serviceable or there is signal interference with any Cox Service(s) THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR according to Cox's standard practices. If Customer terminates or REPRESENTATIONS,EXPRESS OR IMPLIED, EITHER IN FACT OR BY decreases any Service that is part of a bundle offering, the OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING remaining Service(s) shall be subject to price increases for the WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A remaining Term. If Customer terminates this Agreement prior to PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES installation of Service by Cox, Customer shall be liable for Cox's PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT costs incurred. This provision survives termination of the Agreement. WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE 4. Payment Customer shall pay Cox all monthly recurring charges SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. COX DOES ("MRCs") and all non-recurring charges ("NRCs"), if any, by the due NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO date on the invoice. Any amount not received by the due date shown CUSTOMER'S LOCATION, OR THAT INSTALLATION OF SERVICE on the applicable invoice will be subject to interest or a late charge WILL OCCUR IN A SPECIFIED TIMEFRAME. COX DOES NOT no greater than the maximum rate allowed by law. If Cox terminates WARRANT THAT ANY SERVICE OR EQUIPMENT WILL MEET this Agreement due to Customer's breach, or if Customer fails to pay CUSTOMER'S NEEDS, PERFORM AT A PARTICULAR SPEED, any amounts when due and fails to cure such non-payment upon BANDWIDTH OR THROUGHPUT RATE, OR WILL BE receipt of written notice of non-payment from Cox, Customer will be UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, deemed to have terminated this Agreement and will be obligated to WORMS, DISABLING CODE OR THE LIKE. INTERNET AND WIFI pay the termination fee described above. If applicable to the Service, SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO Customer shall pay sales, use, gross receipts, and excise taxes, TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE access fees and all other fees, universal service fund assessments, NETWORK. 911 fees, franchise fees, bypass or other local, State and Federal 9. Public Performance If Customer engages in a public taxes or charges, and deposits, imposed on the use of the Services. performance of any copyrighted material contained in any of the Taxes will be separately stated on Customer's invoice. No interest Services, Customer, and not Cox, shall be responsible for will be paid on deposits unless required by law. obtaining any public performance licenses at Customer's 5. Service and Installation Cox shall provide Customer with the expense. The Video Service that Cox provides under this Agreement does not include a public performance license. Services identified above in the Service Terms and may also provide Version 0'--? !r: