HomeMy WebLinkAbout134-12 RESOLUTIONRESOLUTION NO. 134-12
A RESOLUTION AWARDING RFP #12-02 AND APPROVING A
CONTRACT FOR A PERIOD OF THREE YEARS, WITH TWO ONE-YEAR
AUTOMATIC RENEWAL OPTIONS, WITH COX ARKANSAS TELECOM,
LLC DBA COX BUSINESS IN AN ANNUAL AMOUNT OF $197,036.40
(SUBJECT TO A $7,000.00 CREDIT IN YEAR ONE), AND FOR THE
OPTIONAL MODIFICATION AND/OR EXPANSION COSTS AND LONG
DISTANCE CHARGES QUOTED, FOR CITY TELECOMMUNICATIONS
SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards RFP
# 12-02 and approves a contract for a period of three years with two one-year automatic renewal
options with Cox Communications, LLC dba Cox Business in an annual amount of $197,036.40
(subject to a $7,000.00 credit in year one), and for the optional modification and/or expansion
costs and long distance charges quoted, for City Telecommunications Services. A copy of the
contract is attached to this Resolution as Exhibit "A".
PASSED and APPROVED this 19th day of June, 2012.
APPROVED: ATTEST:
B
By: C)/PhdArA-' Ana,
SONDRA E. SMITH, City Clerk/Treasurer
" Y A
•
;FAYETTEVILLE;
COX
Business'
MASTER RETAIL SERVICES AGREEMENT
THIS MASTER RETAIL SERVICES
AGREEMENT ("Agreeent"), is made and
entered into this \ CO, day of
, 2012 ("Effective Date") b and
between Cox Arkansas Telcom, LLC d/b/a Cox
Business, a Delaware corporation, (collectively
"Cox") for the Service Areas identified in
Appendix B to this Agreement ("Service
Areas"), having its principal office at 1400 Lake
Hearn Drive, N.E., Atlanta, Georgia, 30319 and
City of Fayetteville, having an office at 113 W
Mountain St. Fayetteville AR 72701
("Customer"); collectively hereinafter Cox and
Customer being referred to herein as the
"Parties".
WHEREAS, Cox, by and through its
franchised and regulated Cox Affiliates shall
provide the services described in this Agreement
(collectively "Services") on Appendix Ato the
Customer at the prices set forth therein; and
WHEREAS, Customer has locations in
certain Service Areas and desires to purchase the
Services from Cox under the terms and
conditions contained in this Agreement; and
NOW, THEREFORE, in consideration
of the mutual promises and covenants herein
contained, the Parties mutually agree as follows:
1. Scope of Agreement. The purpose of
this Agreement is for Cox and Customer to
agree to the basic terms and conditions under
which Cox may provide and Customer may
purchase the Services described under this
Agreement. Services under this Agreement shall
be provided by the regulated and franchised
Cox Affiliates for the various Services Areas.
Cox agrees to provide the Services and
Customer shall pay Cox the compensation for
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the Services as set forth in this Agreement,
specifically on Appendix A. From time to time
during the Term of this Agreement, Customer
may order additional Services from Cox at the
prices set forth in Appendix A. Any Services
not set forth in Appendix A shall be offered on
an Individual Case Basis ("ICB") at prices to be
mutually agreed upon by the Parties.
2. Term. The term of the Agreement shall
begin on the Effective Date and shall continue
for an initial term of three (3) years ("Initial
Term") with two one-year options at the
agreement of the parties (collectively, the
"Term"). Upon expiration of the Term, the
Agreement shall automatically renew and
continue in effect on a month-to-month basis
("Renewal Terms") until terminated by either
party on thirty (30) days prior written notice.
The Initial Term and Renewal Terms may
collectively be referred to as the "Term". The
Term of Service for each Service ordered
pursuant to Appendix A or a Service Order
(attached hereto as Appendix D) shall begin
upon installation and activation of the Service by
Cox and shall continue to the Term set forth in
the Service Order. This Agreement shall survive
termination or expiration for Service Orders
with Terms beyond the Term of this Agreement,
and the terms and conditions in this Agreement
shall govern the provision of Services under
such Service Orders. After expiration or
termination of this Agreement, Customer shall
not be authorized to purchase additional
Services.
3. Services. All Services under this
Agreement shall be subject to the availability of
Cox facilities to provide the Services. While
Cox Affiliates may be authorized to provide
Services in the Service Area(s), the Cox network
and facilities may not extend to all locations
within the Service Areas. Cox shall provision
all Services consistent with industry quality
standards applicable to the Service ordered by
Customer.
3.1 Use of Service. Customer shall use the
Services in compliance with all applicable laws
and ordinances, as well as applicable leases and
other contractual agreements between Customer
and third parties. Customer shall not resell any
portion of the Services to any third party.
Customer shall be responsible for any software
and content displayed and distributed by
Customer or Customer's web hosting customers,
if any.
3.2 Wireless Delivery. In certain
situations, Cox may deliver Services to
Customer through certain wireless transport
devices or wireless network facilities. If Cox is
delivering Services via wireless network
facilities and there is signal interference with
such Service and Cox cannot resolve the
interference by using commercially reasonable
efforts, then Cox may terminate the applicable
Service by providing Customer with thirty (30)
days prior written notice. Termination under
this Section 3.2 shall be without further liability
to Customer including payment of termination
fee set forth in Section 17.
3.3 Demarcation Point. The Demarcation
Point is defined as that point where Cox's
responsibility for the maintenance and operation
of the equipment and network facilities to
deliver the Services to Customer terminates and
where Customer's responsibilities begin.
Customer is responsible for all equipment and
facilities located beyond the Demarcation Point.
For the Internet Services delivered under this
Agreement, the Demarcation Point is the output
port for the Cox -owned termination equipment
located within Customer premises. For video
services, the Demarcation Point is the video wall
jack. For telephone Services, the Demarcation
Point shall be the telephone closet within
Customer's premises or building (unless
otherwise specified in the Service Order).
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4. Internet Services. Internet Services
may consist of cable modem based Service
and/or fiber delivered optical Internet Services.
For each Internet Service, Cox shall provide
Customer with Internet Service, which is defined
as Internet bandwidth connectivity at the speeds
ordered by Customer under the Service Order,
access, domain name resolution, modem
configuration (if applicable), and a static IP
address (if applicable) together with installation
of the Services as provided under this
Agreement. Customer shall be responsible for
providing VPN software, firewalls, and related
products and all other equipment beyond the
Demarcation Point required to use the Services.
For cable -modem delivered Internet Services,
the bandwidth speeds identified for each Service
may vary and such bandwidths shall be provided
consistent with industry standards. Service is
subject to Customer and its users complying
with the Acceptable Use Policies ("AUP")
which may be found at
www.coxbusiness.com/acceptableusepolicy.pdf.
Cox may terminate or suspend Service if Cox
reasonably determines that Customer or its users
are violating the AUPs.
4.1 Cable Modems. For cable modem
delivered Internet Services, Cox shall supply a
cable modem ("Modem"). Customer shall not
tamper with, or attempt to reprogram the
Modem, including, but not limited to,
"uncapping" the Modem or affecting its
bandwidth settings. Cox may terminate Service
to any Modem that has been altered following
programming or installation by Cox. The
Modem shall be deemed Cox equipment under
Section 11 of this Agreement.
4.2 VoiceManager Services. In addition to
the terms and conditions herein, if Customer
purchases VoiceManager Services under this
Agreement, the terms and conditions located at:
http://www.coxbusiness.com/products/voice/voi
cemanager/ and the terms and conditions set
forth in Sections 5.2, 5.3, 5.4, and 5.6 of this
Agreement shall apply to VoiceManager
Service. The VoiceManager web site also
contains descriptions and charges for ancillary
services such as directory assistance, 411
charges, directory listing and operator services.
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Prices and rates for ancillary services are subject
to change from time to time during the term of
this Agreement. The VoiceManager web site is
incorporated into this Agreement as if fully set
forth herein.
5. Regulated Services. Regulated
Services are subject to additional terms and
conditions contained in this Section 5.
Regulated Services includes telephone Services
and certain transport Services.
5.1. Tariffs. The terms and conditions of
regulated Service provided to Customer under
this Agreement are contained in tariffs on file
with state and/or federal regulatory authorities.
These tariffs shall govern the provision of
regulated Services, and Cox may amend such
tariffs and regulated service shall be subject to
such tariffs, as amended, provided; however,
Customer shall receive the price set forth in the
Service Order for the Term of the Service.
Customer must disclose to Cox if Customer
intends to use the Services in connection with
payphone service.
5.2. Telephone Numbers. Cox will be the
carrier of record for the Customer's assigned
telephone numbers, and numbers that are ported
to Cox from another carrier. These numbers,
while not the property of the Customer, are
reserved for their sole usage during the time
service is active with Cox, and can be retained
for the Customer's use if ported to another
carrier at the termination or expiration of this
Agreement. All number assignments and use
shall be subject to the rules and regulations of
the North American Numbering Plan
Administrator. Any telephone number
designated by Cox in advance of the activation
of Cox telephone service is subject to change by
Cox. Additional terms and conditions regarding
telephone numbers are contained in Cox tariff(s)
on file with regulatory authorities.
5.3 State -to -State and International
Services. If Customer subscribes to or uses
state -to -state and/or International
telecommunications Services from Cox, such
Services shall be provided pursuant to the terms
and conditions contained in Cox Customer
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Service Agreement which may be found at our
web site:
www.cox.com/telephone/customerservicesagree
ment.asp.
5.4 PBX Usage, Equipment and E911
Services. If Customer uses a Private Branch
Exchange (PBX) in connection with the
Services, Customer is responsible for
programming the PBX to ensure that agencies
receiving E911 emergency calls through the
PBX will receive appropriate information about
the location of the caller. For certain telephone
Services, an embedded multimedia terminal
adapter (eMTA), an integrated access device
(IAD), or an analog terminal adaptor (ATA)
will be provided and installed by Cox at no
charge to Customer. Only the eMTA and ATA
will have battery backup provided by Cox.
Customer is responsible for battery backup for
the IAD. In the event of a power outage, your
telephone Service using an eMTA or ATA 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 will depend on Customer's battery
backup choice. If the eMTA, ATA, or IAD that
supplies your telephone Service is disconnected
or removed and/or the battery is not charged,
Service, including access to E911, will not be
available. Cox uses your telephone Service
address to identify your location for E911
Service. To ensure that E911 dispatch receives
your correct address, the eMTA, ATA and/or
IAD installed in your business should not be
moved. 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 so please call us to make this
change.
5.5 PIN Access. The FCC requires that
business customers set up and use a Private
Identification Number (PIN) when
communicating with Cox to obtain certain
information about, or to make certain changes
to, their telephone account. Use of this PIN
may be waived when communicating with an
account representative dedicated to Customer's
account. Telephone Service is subject to the
Cox privacy policy posted at
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http://www.cox.com/policy/#Online Privacy Po
licy.
5.6 Additional Documentation. For certain
regulated Services Customer will be required to
execute letters of authorization or letters of
agency to allow Cox to provision such Services.
Customer agrees to execute such documents as
reasonably requested by Cox.
6. Video Services. [RESERVED]
6.1 DVR
[RESERVED]
Equipment/Service.
7. Web Hosting Services. [RESERVED]
8. Service Delivery and Installation. To
order additional Services under this Agreement,
Customer shall use the Service Order process
described in Section 8.1 of this Agreement and
submit a Service Order a copy of which is
attached hereto as Appendix D.
8.1 Service Order Process. To determine
the availability of Services and to order
additional Services under this Agreement, Cox
and Customer shall use the process set forth
herein. Customer shall contact Cox and shall
identify the Service location, term of service,
type of Service requested, desired installation
date, and any other information reasonably
requested by Cox to determine the availability of
Service. Upon receipt of Customer's
information, Cox shall promptly respond to
Customer and either (i) submit to Customer a
Service Order form with the Service information
including price, term of service, delivery date
and other terms and conditions upon which Cox
can provide the requested Service, or (ii)
respond to Customer declining to provide the
requested Service. Service Orders submitted by
Cox shall be valid for acceptance by Customer
for a period of thirty (30) days and thereafter
Cox may refuse to accept such Service Orders.
To order Service, Customer shall execute the
Service Order and return a copy to Cox. Upon
receipt by Cox of the executed Service Order,
the Service Order shall be incorporated into this
Agreement.
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8.2 Service Installation. Cox shall provide
Customer with the Services and equipment
identified in the Service Order and such Services
shall be installed in first class workmanlike
manner at Customer's Service location set forth
in the Service Order. If requested by Cox,
Customer is responsible for arranging all
necessary rights of access for Cox from the
public rights of way to Customer's premises,
including space for cables, conduits, and
equipment as necessary for Cox -authorized
personnel to install, repair, inspect, maintain,
replace or remove any and all facilities and
equipment provided by Cox. Customer shall
provide a secured space with electrical power,
climate control and protection against fire,
vandalism, and other casualty for Cox's
equipment. For each applicable Service Order,
the parties may specify an installation date by
which Cox shall complete installation of the
Services. For each calendar day beyond the
stated installation date and after due allowance
for reasonable extension of time upon request
and mutually agreed upon, Customer may
withhold from Cox's compensation the sum of
$26.64 per uninstalled site per day. For
purposes of this section, the term "uninstalled
site" shall mean any site where all contracted
services are not installed and/or not fully
functional.
9. Payment Obligations. For each Service
ordered, Customer shall pay the Monthly
Recurring Charge ("MRC"), any usage based
charges applicable to such Services, and the Non
Recurring Charges ("NRC") and other charges
under this Agreement applicable to the Service.
The MRC, NRC, and usage charges are set forth
in Appendix A and/or the applicable Service
Order. Cox shall invoice Customer monthly
during the Term of this Agreement for the MRC,
NRC and other charges as provided under this
Agreement, and such charges shall begin upon
installation of Service. Any amount not
received within thirty (30) days of receipt of
invoice may be subject to a late charge and Cox
may suspend or terminate Services, if within ten
(10) days of receipt of notice of nonpayment,
Customer fails to pay Cox all past due amounts.
In the event suit is brought or any attorney is
retained by Cox to collect any payments which
4
are past due hereunder and Cox prevails, Cox
shall be entitled to recover, in addition to any
other remedy, reimbursement for reasonable
attorneys' fees, and court costs incurred in
connection therewith.
9.1 Taxes. The provision of Services, and
other charges under this Agreement, may be
subject to taxes including without limitation,
sales, use, gross receipts, excise, access,
universal service fund assessments, 911 fees,
franchise fees, bypass or other local, state and
Federal taxes, surcharges, assessments or
charges however described which imposed on
the use of the Services (collectively "Tax or
Taxes"). Taxes will be separately stated on the
Customer's invoice. Customer shall be
responsible for all Taxes (excluding Taxes on
Cox's income) related to the provision or use of
the Services. In the event Customer believes
that, with respect to the Services provided
hereunder, Customer is Tax exempt under
federal or state law, Customer shall submit to
Cox written verification of Customer's Tax
exempt status including exemption certificates
or state resale certificates acceptable to Cox and
to the relevant jurisdiction.
9.2 Billing Disputes. All disputes regarding
invoices for Services must be brought to the
attention of Cox within ninety (90) days
following the receipt of invoice. Thereafter, all
invoices shall be deemed correct and valid.
9.3 Pricing of Services. [RESERVED]
9.4 Service Bundles. If Customer purchases
a bundle Service offering (e.g. Internet, Local
and Long Distance Services in one package)
from Cox with a package discount, and
Customer terminates one of the bundled
Services in the bundle, Cox reserves the right to
raise the rates of the remaining Service offerings
to the then current unbundled price for such
Service.
10. Service Area. The Service Areas where
Cox is authorized to offer Services are set forth
in Appendix B. Customer acknowledges that
while Cox is authorized to provide the Services
within these Service Areas, Services may not be
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available throughout a particular Service Area.
Cox shall have no obligation to provide Services
if Customer's premises are not serviceable by
the Cox network or are located outside the
Service Area. Cox shall be solely responsible
for determining whether Customer's location is
serviceable.
11. Equipment. This Agreement shall not,
and shall not be deemed to, convey to Customer,
title or ownership rights to any of the equipment
or network facilities used by Cox to deliver the
Services to Customer. All equipment, network
and transmission facilities used by Cox to provide
the Services under this Agreement are the sole and
exclusive property of Cox. For any Cox
equipment installed at Customer's premises,
Customer is responsible for damage caused by
Customer, its employees, or agents to such
equipment. Customer shall use the Cox
equipment only for the purpose of receiving the
Services. Customer shall not make any
connections to the Cox equipment which are not
expressly authorized in writing by Cox or permit
tampering, altering or repair of the equipment by
any person other than Cox's authorized
personnel. Cox reserves the right to substitute,
change, or rearrange equipment used to provide
the Services so long as the quality or type of
Service is not impaired or degraded.
12. Maintenance. Cox shall use
commercially reasonable efforts to perform
maintenance work that will not in most
circumstances result in interruptions or
degradation of Service. All Services shall be
maintained in a first class workmanlike manner
consistent with industry standards. Cox shall
have no responsibility for the maintenance or
repair of facilities and equipment it does not
furnish. If Cox's maintenance is of the type that
could result in interruption, loss or degradation
of Service, Cox shall so notify Customer in
writing via facsimile, telephone call, or e-mail at
least twenty-four (24) hours before such
interruption. Cox shall perform periodic
maintenance between Midnight and 6:00 a.m.
local time of the location affected and schedule
major system maintenance at a time mutually
agreed upon by Customer and Cox. Customer
agrees to grant Cox access to Cox equipment
5
between the hours of 12:00 A.M. and 6:00 A.M.
Local time for periodic maintenance.
13. Representations and Warranties.
Customer represents and warrants to Cox as
follows: (i) Customer is authorized to perform
the obligations of Customer under this
Agreement; (ii) By entering into this Agreement
with Cox, Customer shall not be in violation of
any agreement it has with a third -party relating
to the purchase of the Services; and (iii)
Customer is a duly organized entity in the State
of Arkansas and qualified and authorized to do
business therein. Cox represents and warrants to
Customer as follows: (i) The applicable Cox
Affiliates are duly authorized to provide the
Services in the Service Areas set forth in
Appendix B; (ii) By entering into this
Agreement with Customer, Cox shall not be in
violation of any agreement it has with a third -
party relating to the provision of Services in the
Service Areas; and (iii) Cox is duly organized
entity in the State of Delaware.
14. Viruses. Software or content obtained
from the use of Service may contain viruses or
other harmful features and Customer is solely
responsible for protecting its network, equipment
and software through the use of firewalls, anti-
virus, and other security devices. Through the
use of the Service, Customer may obtain or
discover content that is offensive or illegal and
Customer assumes the risk and is solely
responsible for its access to such content. Cox
may disclose Customer information to law
enforcement or to any Cox affiliate. Cox may
delete any Internet traffic or e-mail that contains
a virus. If Customer operates a wireless local
access network in connection with the Services,
Customer is solely responsible for the security of
its network.
15. Privacy. Use of the Service is subject
to Cox's privacy policy posted at
http://www.cox.com/policy/#Online Privacy Po
licy.
16. Termination. In addition to the
termination rights provided at the end of the
Initial Term or Renewal Term, and as otherwise
provided in this Agreement, this Agreement may
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be terminated in the event that either party
Defaults as provided in Section 23.
17. Early Termination Fee. If Customer
terminates Services before the expiration of the
Term in Appendix A or the applicable Service
Order (except for breach by Cox and termination
pursuant to Sections 18, 29, or as provided under
the Service Level Agreement), Customer shall
be liable for a Termination Fee which shall be
100% of the MRC applicable to the terminated
Services multiplied by the number of months
remaining in the Term of the applicable Service.
18. Force Majeure. In no event shall either
party have any claim or right against the other
party for any failure of performance by such
other party if such failure of performance is
caused by or the result causes beyond the
reasonable control of such other party.
Hazardous materials or conditions encountered
during the installation, removal or provisioning
of Service shall be deemed a Force Majeure
event.
19. Confidentiality. Each Party shall take
reasonable measures to prevent the unauthorized
disclosure to third parties of confidential
information in this Agreement as it would take
to prevent disclosure of its own proprietary or
confidential information. If the Parties executed
a Nondisclosure Agreement or Confidentiality
Agreement, this Agreement shall be deemed
confidential information subject to such
Agreement. A Party may disclose confidential
information pursuant to a valid court order or
subpoena or other lawful request.
20. Indemnification. [RESERVED]
20.1 Infringement Indemnity. Except as
otherwise provided in this Agreement, Cox shall
indemnify, defend, protect and hold Customer,
its officers, directors, employees, and users,
harmless from any and all liabilities, judgments,
claims, losses, obligations, damages, penalties,
actions, or other proceedings, suits, costs, fees,
expenses and disbursements, whether by
judgment or settlement, (including without
limitation reasonable attorneys' fees)
(collectively, "Infringement Claim") arising out
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of, relating to or resulting from allegations that
any of the Service as provided by Cox infringes
the Intellectual Property Rights of any person or
entity. If Customer receives notice of any
Infringement Claims, Customer shall give Cox
notice of the Infringement Claim within ten (10)
days receipt thereof, and provide reasonable
cooperation for the defense of the Infringement
Claim. Customer may not settle or compromise
the Infringement Claim without Cox's prior
written approval. For purpose of this
Agreement, Intellectual Property Rights shall
mean any patent, copyright, trademark, trade
dress, and trade name, related registrations and
applications for registration, and trade secrets,
moral rights and goodwill. If the Service is held
to infringe Intellectual Property Rights (or a
third party claims that the Services infringes
Intellectual Property Rights), Cox may, at its
sole expense elect promptly to do any of the
following (i) procure for Customer the right to
continue using the Services under this
Agreement; (ii) modify the applicable Service so
it is no longer infringing; or (iii) replace the
applicable Service with non -infringing products
or services that are functionally equivalent or
superior in performance. The foregoing
indemnity shall not apply to Infringement
Claims which arise due to the use of the Services
by Customer or its users.
21. Limitation of Liability. The Parties
acknowledge that during the term of this
Agreement, the Services may experience
temporary interruptions or unavailability of the
Services for use by Customer. Accordingly, to
the extent that Services are temporarily
unavailable, interrupted, degraded, or otherwise
incur an outage or Service Interruption as
defined in the Service Level Agreement
("SLA") contained in Appendix C to this
Agreement, Customer's sole and exclusive
remedy shall be the Credit Allowances provided
in the SLA. The use of Credit Allowances shall
not affect the Customer's right to terminate the
Agreement as described herein. In no event
shall either party be liable for any indirect,
incidental, consequential, special, reliance,
punitive or enhanced damages of any kind or
nature whatsoever (including but not limited to
any lost profits, lost savings, or business harm)
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arising out of or relating to the services or the
performance or nonperformance under this
agreement, even if advised of the possibility of
such damages.
22. Disclaimer of Warranty. Except as
otherwise set forth in this agreement, Cox
makes no 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 with respect to
the services.
23. Default. If either Party fails to perform
any material term, provision, covenant,
condition, agreement, or obligation under this
Agreement, and fails to cure such breach within
ten (10) days after receiving notice of the breach
from the other Party, such Party shall be deemed
in "Default" under this Agreement. In this
event, the non -Defaulting Party shall be entitled
to pursue any and all remedies available at law
or in equity but subject to the limitations
contained in this Agreement. If any non -
monetary Default cannot be cured within the
10 -day period, an event of Default does not
occur if the Defaulting Party commences to cure
the Default within the 10 -day period and
diligently completes the cure as soon as
reasonably practicable, but in any event within
sixty (60) days after receiving the Default
notice.
24. Notices. Notices under this Agreement
shall be in writing and delivered to the persons
or offices of the parties stated herein. The
effective date of any notice hereunder shall be
the date of delivery of such notice and not the
date of mailing. The mailing addresses and
facsimile numbers of the parties are set forth
below: To Cox: Cox Oklahoma Telcom, LLC.,
901 S George Washington Blvd, Wichita, KS
67211; Attn: Vice President — Cox Business;
With a copy to: Cox Communications, Inc. 1400
Lake Hearn Drive, N.E. Atlanta, Georgia 30319,
Mark F. Padilla Assistant General Counsel. To
Customer: City of Fayetteville, 113 W
Mountain St. Fayetteville AR 72701.
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25. Assignment. Neither party shall assign,
sublet, delegate, or transfer any of its rights or
obligations hereunder without the prior written
consent of the other party, which consent shall
not be unreasonably withheld or delayed.
26. Digital Millennium Copyright Act.
Cox is registered under the Digital Millennium
Copyright Act of 1998 ("DMCA"). Pursuant to
17 U.S.C. Section 512(c)3, if Customer believes
that a Web page hosted by Cox is violating U.S.
copyright law, Customer may file a complaint
with Cox's designated agent by contacting Cox
at DMCA@Cox.com for information necessary
to file a DMCA complaint with Cox. Cox
reserves the right to terminate Service for
Customer violations of the provisions of the
DMCA.
27. Relationship of the Parties. The
relationship created between the parties by
virtue of this Agreement shall be solely that of
vendor -purchaser as independent contractors and
that no agency, joint venture, or joint business
relationship shall be deemed created hereunder.
There are no third party beneficiaries to this
Agreement.
28. Service Level Agreement. For certain
Services under this Agreement, a Service Level
Agreement ("SLA") is provided to Customer
with respect to such Services. For the Services
under this Agreement, the applicable SLAs are
attached hereto as Appendix C. An SLA is
applicable only if that specific Service is
purchased by Customer.
29. Regulatory Authority. This
Agreement and applicable Service Orders may
be subject to filing with the regulatory authority
with jurisdiction over the Services. If this
Agreement is required to be filed, Customer
shall execute such additional forms as are
reasonably necessary to permit Cox to make an
appropriate filing. In some states, certain
Services Orders may not be effective until
approved by such regulatory authority. If this
Agreement, Service Orders, and/or the related
filing documents are not approved by the
applicable regulatory authority, Cox may
terminate this Agreement or Service Order, as
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applicable. This Agreement and the obligations
of the parties shall be subject to modification to
comply with all applicable laws, regulations,
court rulings, administrative orders, and State
Commission rules, as required.
30. Entire Agreement, Waiver, and
Amendment. This Agreement, including Cox's
proposal to the City of Fayetteville RFP 12-02
for Telecommunication Services ("Cox's
Proposal), and the attached appendixes, exhibits
and schedules, contains the entire agreement
between the parties with respect to the subject
matter hereof. This Agreement supersedes all
prior agreements between Customer and Cox
concerning the subject matter hereof. In the
event of a conflict between this Agreement and
Cox's Proposal, the terms and conditions
contained in Cox's Proposal shall take
precedence. No failure or delay by a party to
exercise any right it may have by reason of the
default of the other party operates as a waiver of
default and any waiver is effective only if in
writing. A party's specific waiver is not a
waiver by that party of any earlier, concurrent,
or later breach or default. This Agreement may
not be modified or amended except by a written
instrument signed by Customer and Cox. This
Agreement shall be governed by the laws of the
state of where the Services are delivered without
regard to choice of law principles. Certain
provisions of this Agreement by their nature
survive expiration or termination for the purpose
of enforcing the party's respective rights
hereunder.
IN WITNESS WHEREOF, the duly
authorized representatives of the parties have
executed this Agreement as provided below:
COX:
Cox Arkansas Telcom, LLC.
IU,
By:
Vice President
Date: Avh¢- t� -7_02_
8
CUSTOMER:
CITY OF F • YETTE
y:
Title: Ma
oneld J
T:\Legal\New Svcs\mpadilla\master agreements Master Retail Services Agreement.doc
Date:G/19/ice
1-15-09
By: Sondra E. Smith
Title: Cit Clerk/Treasurer
Date: 1/ 9�
%%%%%%%%%%%%%%%%
U; FAYETTEVILLE:
•cv
9
co
Business'
APPENDIX A
RFP PRICING AND AGREED UPON SERVICES
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Page 10 of 18
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Page 10 of 18
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cox..Busness
Location Address Term Service Price
City Hall
113 W Mountain
36 month
36 month
36 month
36 month
36 month
100Mb Metro E Fiber
1Gig Metro E Fiber
50Mb COI
30 SIP Trunks
300 DIDs
$1,199.00
$2,100.00
$1,750.00
$583.35
$30.00
Data Center 1 4500 S School 36 month 200Mb Metro E Fiber $1,599.00
Data Center 2 385 W Ernest Lancaster 36 month 1 Gig Metro E Fiber $2,100.00
Transportation 1525 S Happy Hollow 36 month 20Mb Metro E Fiber $659.00
36 month 30 SIP Trunks $583.35
36 month 300 DIDs $30.00
Water/Sewer Ops 2435 S Industrial 36 month 10Mb Metro E Fiber $599.00
Fire Station 2 708 N Garland 36 month 5Mb Metro E Fiber $399.00
Fire Station 3 1050 Happy Hollow 36 month 5Mb Metro E Fiber $399.00
Fire Station 4 3385 Plainview 36 month 5Mb Metro E Fiber $399.00
Fire Station 5 2979 N Crossover 36 month 5Mb Metro E Fiber $399.00
Fire Station 6 900 S Hollywood 36 month 5Mb Metro E Fiber $399.00
Fire Station 7 835 N Rupple 36 month 5Mb Metro E Fiber $399.00
Fire Marshall 833 N Crossover 36 month 5Mb Metro E Fiber $399.00
Yvonne Richardson 240 E Rock 36 month 5Mb Metro E Fiber $399.00
County Jail 1155 W Clydesdale 36 month 5MB Metro E Fiber $399.00
Mall Substation 4201 N Shiloh 36 month 5Mb Metro E Fiber $399.00
Noland Wastewater 1500 S Fox Hunter 36 month 5Mb Metro E Fiber $399.00
West Side Wastewater 15 S Broyles 36 month 5Mb Metro E Fiber $399.00
Canterbury Water Tank 1195 Canterbury 36 month 5Mb Metro E Fiber $399.00
Page 11 of 18
c01(
Business'
APPENDIX B
Cox Services may be available in the following generally described Service Areas.
Northwest Arkansas: River Valley: Northern Arkansas:
Fayetteville Fort Smith Eureka Springs
Springdale Van Buren Berryville
Rogers Alma Harrison
Bentonville Greenwood
Bella Vista
Siloam Springs
Page 12 of 18
cox..Busness
Appendix C-1: Cox Optical Internet Service Level Agreement
I. Scope. This Service Level Agreement ("SLA") is
incorporated into the Commercial Services Agreement
("Agreement") by and between Cox Arkansas Telcom, LLC,
d/b/a Cox Business, ("Cox") and the undersigned Customer.
Cox shall endeavor to meet the performance objectives and
service levels set forth in this SLA with respect to the Cox
Optical Internet service ("Services") provided to the
undersigned Customer.
A. Network Latency. Network Latency, as it relates to
the Services, is defined by Cox as the round-trip time it takes for
a packet to travel between two Regional Data Centers (RDCs)
on the Cox Communications IP backbone. Network Latency is
measured in milliseconds and shall be 70 milliseconds or less,
averaged on a monthly basis. Network performance statistics
and methodologies related to Network Latency are posted at
http://online.coxbusiness.com/svpn/cbs stats/
B. Network Packet Loss. Network Packet Loss, as it
relates to the Services, is defined by Cox as the percentage of
packets lost during a transmission between two Regional Data
Centers (RDCs) on the Cox Communications IP backbone.
Network Packet Loss is measured as a percentage of packets
dropped per 100 and shall be 1% or less, averaged on a monthly
basis. Network performance statistics and methodologies
related to Network Packet Loss are posted at
http://online.coxbusiness.com/svnn/cbs stats/
C. Network and Service Availability. Network
Availability, as it relates to the Services, is defined by Cox as
the ability to transmit data from the Cox demarc at the Customer
location to a Regional Data Center (RDC) on the Cox
Communications IP backbone. Network Availability does not
mean the customer will be able to reach any site or user on the
Internet, nor does it mean any site or user on the Internet can
reach the Customer, as there are many factors, outside of Cox's
control, that can affect an end-to-end connection. The Services
shall be available for use by Customer provided under the
Agreement at least 99.9% of the available time ("Service
Availability"). This parameter is calculated by dividing the
number of minutes the Services are available for Customer's use
by the total number of minutes in any consecutive thirty (30)
day period and multiplying by 100. In calculating Service
Availability, the reasons or causes set forth in Section I.C.3 of
this SLA shall not be included in determining whether Cox has
met the applicable performance standard for Service
Availability. For example, if the Services experience an outage
for One (1) day due to a Force Majeure (flood) event, and
otherwise experience no other outage or Service Interruption
during the applicable month, Cox will be deemed to have met
the Service Availability performance standard.
1. Service Interruption. A Service Interruption or an
outage in Services is not a Default under the Agreement, but
may entitle Customer to credits as provided in this SLA. A
Service Interruption is a loss of Services or a degradation of
signal to the Customer that adversely affects the ability of
Customer to use the Services. A Service Interruption period
begins when Customer makes a Trouble Report (as defined
below) to Cox's Network Operations Center (NOC) under the
methods and procedures set forth in Section II of this SLA and
ends when Cox restores the Services to Customer.
2. Service Interruption Credits for Service
Availability. A Credit Allowance will be given in any month
during the term of the Agreement when there is a Service
Interruption that qualifies for a credit allowance. The amount of
the Credit Allowance shall be as follows:
Cox Optical Internet
Services Interruption Length
Credit
< 30 minutes, continuous
None
30 minutes to 1 hour,
continuous
1/30 of monthly charge due
for the applicable month
>I hour, continuous
1/30 of monthly charge due
for the applicable month for
each hour or portion thereof
3. Exceptions to Credit Allowance. Credit Allowances
shall not be provided for Service Interruptions: (i) caused by
Customer, its employees, agents or subcontractors; (ii) due to
failure of power or other equipment provided by Customer or
the public utility company supplying power to Cox or Customer;
(iii) during any period in which Cox is not allowed access to the
premises of Customer to access Cox equipment; (iv) due to
scheduled maintenance and repair; (v) caused by a loss of
service or failure of the Customer's internal wiring or other
customer equipment; (vi) repaired by Cox prior to the receipt of
a trouble report; (vii) caused by or due to violations of the Cox
Acceptable Use Policy; or (viii) due to Force Majeure events.
For purposes of this SLA, Force Majeure shall mean (i) third
party cable cuts, acts of God, fire, flood, or other natural
disaster; (ii) laws, orders, rules, regulations, directions, or
actions of governmental authorities having jurisdiction over the
Services; (iii) any civil or military action including national
emergencies, riots, war, civil insurrections or terrorist attacks;
(iv) taking by condemnation or eminent domain of a party's
facilities or equipment; or (v) delays in obtaining permit or other
approvals from governmental authorities for construction or
Services provisioning. Credit Allowances for Service
Interruptions shall not be provided if: (i) Customer is in breach
of its Agreement with Cox; (ii) Customer has a past due balance
with Cox under the Agreement; or (iii) Customer is otherwise
not in good financial standing with Cox. In no event shall
Customer receive more than One (1) Monthly Recurring Charge
(MRC) as credit for Service Interruptions or outages in any
thirty (30) day period regardless of the number of Service
Interruptions or outages.
4. Maior Outage. If two (2) times during a thirty (30)
consecutive day period, the Services to the Customer experience
a Service Interruption for a period greater than twelve (12)
Page 13 of 18
cox..Busness
consecutive hours, ("Major Outage") other than as a result of the
causes set forth in Section I.C.3 above, Customer may terminate
this Agreement without charge or payment of any termination
charges otherwise provided in the Agreement; provided
Customer complies with the notification process described in
this Section 4. Within thirty (30) days of the occurrence of the
2nd Major Outage, Customer shall notify Cox in writing of its
election to terminate this Agreement and this Agreement shall
terminate upon Cox's receipt of such notice. If Customer fails to
notify Cox within thirty (30) days of the 2nd Major Outage, of its
intent to terminate, then Customer shall be deemed to have
waived its right to terminate this Agreement under this Section 4
until the occurrence of a subsequent Major Outage, if any.
Upon termination under this Section 4, neither party shall have
any further rights, obligations, or liabilities to the other party,
except those accrued through the termination date, and that
expressly survive termination of this Agreement.
II. Trouble Reports. Cox shall maintain a twenty-four
(24) hour, seven (7) day a week point -of -contact for Customers
to report Service troubles, outages or Service Interruptions.
Customer shall call Trouble Reports to 866-291-2262. A
"Trouble Report" means any report made by Customer relating
to the Services or the equipment provided by Cox. In the event
Cox receives a Trouble Report from Customer, Cox shall
respond to the Trouble Report within the following time frames:
A. Service Response and Resolution. In the event Cox
receives a Trouble Report from Customer, Cox will initiate
action to clear the trouble within 30 minutes. If the Trouble
Report is the result of an electronic component failure, the
maximum restoration time is 4 hours. If the Trouble Report is
the result of a fiber optic cable failure, the maximum restoration
time is 8 hours.
1. Trouble Report Service Level. Cox will endeavor to
achieve at least 95% Trouble Reports Cured Timely. This
parameter is calculated by dividing the total number of Trouble
Reports from Customer that are cured by Cox within the
windows set forth above by the total number of Trouble Reports
received by Cox from Customer in any twelve (12) consecutive
month period and multiplying by 100. In calculating Trouble
Reports Cured Timely, the reasons or causes set forth in Section
I.C.3 of this SLA shall not be included in determining whether
Cox has met the applicable performance standard for Trouble
Reports Cured Timely. For example, if the Services experience
an outage due to an electronic component failure, and Cox was
not allowed access to the premises of Customer to access Cox
equipment, Cox will be deemed to have met the Trouble Report
Cured Timely performance standard.
III. Service Installation Intervals.
A. Service Installation and Availability. Cox shall
endeavor to install, provision and make the Services available
for Customer's use within ten (10) business days of the
Committed Service Date communicated to Customer by Cox.
Service availability shall mean that Cox has completed its
obligations to install the Cox equipment and facilities set forth in
the Agreement necessary to provide Customer the Services.
1. Installation Credit. Cox shall provide Customer with
an Installation Delay Credit if the Services are not available for
Customer's use within ten (10) business days of the Committed
Service Date. In this event, Customer will be entitled to an
Installation Delay Credit of an amount up to the nonrecurring
charge (NRC) of that portion of the Service which was unavailable.
2. Exceptions to Installation Delay Credits.
Installation Delay Credits shall not be provided for Installation
Delays (i) caused by or requested by Customer, its employees,
agents or subcontractors; (ii) due to inability of Cox to access
Customer's premises due to restrictions by Customer's landlord
or property owner; (iii) due to the public utility company
restricting Cox's access to necessary conduits or wiring in
Customer's building or property; or (iv) due to Force Majeure
events.
By signing below, Customer and Cox agree to the terms and
conditions of this Service Level Agreement.
Customer:
Signature:
Title:
Date:
44.4)2410.
KAUv
(9- 25- ,2
Cox:
LkfNr. \ c 11U\ iEk,
Signature: f�i T'" r1&i x -' (4,a X -
Title: V l `E Tv-ok,
Date: k\) 2A2 -
Page 14 of 18
cox.Busness"
Appendix C-2: Cox Ethernet Services Metro Ethernet — Fiber Service Level Agreement
I. Scope. This Service Level Agreement ("SLA") is
incorporated into the Commercial Services Agreement
("Agreement") by and between Cox Arizona Telcom, LLC,
d/b/a Cox Business ("Cox") and the undersigned Customer.
Cox shall endeavor to meet the performance standards and
service levels set forth in this SLA with respect to the Cox
Ethernet Services ("Services") provided to the undersigned
Customer.
A. Ethernet Frame Delay. Ethernet Frame Delay
(latency), as it relates to the Services, is defined by Cox as the
time elapsed from when the first bit of an Ethernet Service
Frame (ESF) enters the ingress User Network Interface (UNI)
to when the last bit of the same frame leaves the egress UNI.
Ethernet Frame Delay shall be 10 milliseconds or less,
averaged on a monthly basis. Ethernet Frame Delay
performance objective is applicable to ESFs that traverse a
single Cox Metro Ethernet Network and are "in -profile"
(conform to the performance attributes of the Services) at both
the ingress and egress UNIs of any given Ethernet Virtual
Connection (EVC).
B. Ethernet Frame Loss Ratio. Ethernet Frame Loss
Ratio (loss), as it relates to the Services, is defined by Cox as
the percentage of Ethernet Service Frames that arrive at an
ingress UNI and should be delivered to an egress UNI.
Ethernet Frame Loss Ratio shall be no more than 0.1%,
averaged on a monthly basis. Ethernet Frame Loss Ratio
performance objective is applicable to ESFs that traverse a
single Cox Metro Ethernet Network and are "in -profile"
(conform to the performance attributes of the Services) at both
the ingress and egress UNIs of any given EVC.
C. Ethernet Frame Delay Variation. Ethernet Frame
Delay Variation (jitter), as it relates to the Services, is defined
by Cox as the variation in the delay between a pair of Ethernet
Service Frames. Ethernet Frame Delay Variation shall be 1
millisecond or less, averaged on a monthly basis. Ethernet
Frame Delay Variation performance objective is applicable to
ESFs that traverse a single Cox Metro Ethernet Network and
are "in -profile" (conform to the performance attributes of the
Services) at both the ingress and egress UNIs of any given
EVC.
D. Ethernet Virtual Connection Leakage. Ethernet
Virtual Connection (EVC) Leakage, as it relates to the
Services, is defined by Cox as the percentage of ingress ESFs
in an EVC that are delivered to an egress UNI that is not a
member of that EVC. Ethernet Virtual Connection Leakage
shall be no more than 0%.
E. Service Availability. The Services are delivered via
an Ethernet User Network Interface ("Port") and associated
Ethernet Virtual Connection(s). Service Availability is defined
by Cox as the ability to send or receive Ethernet Service
Frames at a given Port via an associated EVC(s). A Port and
associated EVC(s) shall be available for use by Customer with
the Services provided under the Agreement at least 99.9% of
the available time ("Service Availability"). If the Customer has
purchased the Services with Enhanced Protection Option
(EPO), the Services shall be available at least 99.99% of the
available time. This parameter is calculated by dividing the
number of minutes a Port and associated EVC(s) is available
for Customer's use by the total number of minutes in any
consecutive thirty (30) day period and multiplying by 100. In
calculating Service Availability, the reasons or causes set forth
in Section I.E.3 of this SLA shall not be included in
determining whether Cox has met the applicable performance
standard for Service Availability. For example, if a Port and
associated EVC(s) experiences an outage for One (1) day due
to a Force Majeure (flood) event, and otherwise experiences no
other outage or Service Interruption during the applicable
month, Cox will be deemed to have met the Service
Availability performance standard.
1. Service Interruption. A Service Interruption or an
outage in Services is not a Default under the Agreement, but
may entitle Customer to credits as provided in this SLA. A
Service Interruption is an interruption of a Port ("Affected
Port") or failure of an associated EVC(s) ("Affected EVC")
that results in the total disruption of the Services delivered over
the Affected Port and Affected EVC ("Outage"). A Service
Interruption period begins when Customer makes a Trouble
Report (as defined below) to Cox's Network Operations Center
(NOC) under the methods and procedures set forth in Section II
of this SLA and ends when Cox restores the Services to
Customer.
2. Service Interruption Credits for Service
Availability; A Credit Allowance will be given in any month
during the term of the Agreement when there is a Service
Interruption that qualifies for a credit allowance. The Credit
Allowance shall be the applicable credit, identified in the table
below, of the monthly recurring charge ("MRC") for the
Affected Port and Affected EVC. The Credit Allowance will
not include credits for any Ports or associated EVC(s)
determined to be in good working order. The amount of the
Credit Allowance shall be as follows:
Cox Ethernet Services - Standard
Metro Ethernet - Fiber
Services Interruption Length
Credit
< 30 minutes, continuous
None
30 minutes to 1 hour,
continuous
1/30 of monthly charge due for
the applicable month
> 1 hour, continuous
1/30 of monthly charge due for
the applicable month for each
hour or portion thereof
Cox Ethernet Services - EPO
Metro Ethernet - Fiber
Services Interruption Length
Credit
Page 15 of 18
cox.Busness'
< 30 minutes, continuous
None
> 30 minutes, continuous
50% of monthly charge due
for the applicable month
3. Exceptions to Credit Allowance. Credit
Allowances shall not be provided for Service Interruptions: (i)
caused by Customer, its employees, agents or subcontractors;
(ii) due to failure of power or other equipment provided by
Customer or the public utility company supplying power to
Cox or Customer; (iii) during any period in which Cox is not
allowed access to the premises of Customer to access Cox
equipment; (iv) due to scheduled maintenance and repair; (v)
caused by a loss of service or failure of the Customer's internal
wiring or other customer equipment; (vi) repaired by Cox prior
to the receipt of a trouble report; or (vii) due to Force Majeure
events. For purposes of this SLA, Force Majeure shall mean (i)
third party cable cuts, acts of God, fire, flood, or other natural
disaster; (ii) laws, orders, rules, regulations, directions, or
actions of governmental authorities having jurisdiction over the
Services; (iii) any civil or military action including national
emergencies, riots, war, civil insurrections or terrorist attacks;
(iv) taking by condemnation or eminent domain of a party's
facilities or equipment; or (v) delays in obtaining permit or
other approvals from governmental authorities for construction
or Services provisioning. Credit Allowances for Service
Interruptions shall not be provided if: (i) Customer is in breach
of its Agreement with Cox; (ii) Customer has a past due
balance with Cox under the Agreement; or (iii) Customer is
otherwise not in good financial standing with Cox. In no event
shall Customer receive more than One (1) Monthly Recurring
Charge (MRC) as credit for Service Interruptions or outages in
any thirty (30) day period regardless of the number of Service
Interruptions or outages.
4. Maior Outage. If two (2) times during a thirty (30)
consecutive day period, a Port or associated EVC(s)
experiences a Service Interruption for a period greater than
twelve (12) consecutive hours, ("Major Outage") other than as
a result of the causes set forth in Section I.E.3 above, Customer
may terminate the Affected Port and Affected EVC(s) without
charge or payment of any termination charges otherwise
provided in the Agreement; provided Customer complies with
the notification process described in this Section 4. Within
thirty (30) days of the occurrence of the 2nd Major Outage,
Customer shall notify Cox in writing of its election to terminate
the Affected Port and Affected EVC(s) and the Affected
Port/Affected EVC(s) shall terminate upon Cox's receipt of
such notice. If Customer fails to notify Cox within thirty (30)
days of the 2nd Major Outage, of its intent to terminate, then
Customer shall be deemed to have waived its right to terminate
the Affected Port and Affected EVC(s) under this Section 4
until the occurrence of a subsequent Major Outage, if any.
Upon termination under this Section 4, neither party shall have
any further rights, obligations, or liabilities to the other party,
except those accrued through the termination date, and that
expressly survive termination of this Agreement.
II. Trouble Reports. Cox shall maintain a twenty-four
(24) hour, seven (7) day a week point -of -contact for Customers
to report Service troubles, outages or Service Interruptions.
Customer shall call Trouble Reports to 866.291.2262. A
"Trouble Report" means any report made by Customer relating
to the Services or the equipment provided by Cox. In the event
Cox receives a Trouble Report from Customer, Cox shall
respond to the Trouble Report within the following time frames
as described below:
A. Service Response and Resolution. In the event Cox
receives a Trouble Report from Customer, Cox will initiate
action to clear the trouble within 30 minutes. If the Trouble
Report is the result of an electronic component failure, the
maximum restoration time is 4 hours. If the Trouble Report is
the result of a fiber optic cable failure, the maximum
restoration time is 8 hours. If the Customer has purchased the
Services with Enhanced Protection Option (EPO), the
maximum restoration time for an electronic component failure
on the working or protect path is 2 hours. The maximum
restoration time for a fiber optic cable failure on either the
working or protect path is 8 hours.
1. Trouble Report Service Level. Cox will endeavor
to achieve at least 95% Trouble Reports Cured Timely. This
parameter is calculated by dividing the total number of Trouble
Reports from Customer that are cured by Cox within the
windows set forth above by the total number of Trouble
Reports received by Cox from Customer in any twelve (12)
consecutive month period and multiplying by 100. In
calculating Trouble Reports Cured Timely, the reasons or
causes set forth in Section I.E.3 of this SLA shall not be
included in determining whether Cox has met the applicable
performance standard for Trouble Reports Cured Timely. For
example, if the Services experience an outage due to an
electronic component failure, and Cox was not allowed access
to the premises of Customer to access Cox equipment, Cox will
be deemed to have met the Trouble Report Cured Timely
performance standard.
III. Service Installation Intervals.
B. Service Installation and Availability. Cox shall
endeavor to install, provision and make the Services available
for Customer's use within ten (10) business days of the
Committed Service Date as communicated to Customer by
Cox. Service availability shall mean that Cox has completed its
obligations to install the Cox equipment and facilities set forth
in the Agreement necessary to provide Customer the Services.
1. Installation Credit. Cox shall provide Customer
with an Installation Delay Credit if the Services are not
available for Customer's use within ten (10) business days of the
Committed Service Date. In this event, Customer will be entitled
to an Installation Delay Credit of an amount equal to the
nonrecurring charge (NRC) of that portion of the Service which
was unavailable.
2. Exceptions to Installation Delay Credits.
Installation Delay Credits shall not be provided for Installation
Delays (i) caused by or requested by Customer, its employees,
Page 16 of 18
col(
Business'
agents or subcontractors; (ii) due to inability of Cox to access
Customer's premises due to restrictions by Customer's landlord
or property owner; (iii) due to the public utility company
restricting Cox's access to necessary conduits or wiring in
Customer's building or property; or (iv) due to Force Majeure
events.
By signing below, Customer and Cox agree to the terms and
conditions of this Service Level Agreement.nn
Customer: ' -ka C7G1 eiv e
Signature
Title:
Date:
Cox: 4.1 1 , G ��lJ�l�
Signature: +' ••• I r'c
, ^
p
Title: v AGS+
Date: �J\AYIC— 20l2_
Page17 of 18
co
cox.Busness*
APPENDIX D
SERVICE ORDER FORM
Business® SERVICE ORDER FORM MASTER RETAIL SERVICES
AGREEMENT
Customer Account Number:
System Address
Federal Tax ID Number:
Contract Number:
Authorized Customer Representative Information
Legal Company Name:
Name:
Service Street Address:
Business Phone Number:
City/State/Zip:
Business Fax Number:
Service Location:
Additional Contact Number (optional):
(if different from above)
Street Address:
E-mail Address (optional):
City/State/Zip:
Installation Date:
Cox shall provide the following Services and equipment and Customer agrees to pay the fees and charges set forth below:
(Customer Initials
Monthly. Recurring
/Access Charge
Non Recurring/One-
time Activation:,
and Set-up Fees
0 Special Terms and Conditions
This is Service Order Form is incorporated and part of the Master Retail Services Agreement between Cox and Lindsey
Management. The undersigned represents that he/she is the Customer or is the Authorized Customer Representative
identified above and is authorized to sign this Service Order Form. The Service herein is subject to the Terms and
Conditions contained in the Master Retail Services Agreement. To the extent of any conflict between the terms and
conditions in this Service Order Form and the Master Retail Services Agreement, this Service Order Form shall determine
the obligations of the parties.
Customer — City of Fayetteville
Cox Arkansas Telcom, LLC
By: By:
Title: Title:
Date: Date:
Page 18 of 18
Sharon Waters
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/19/2012
City Council Meeting Date
Agenda Items Only
Telecommunications & I.T. Division Utilities & Finance
Division
Action Required:
Department
A resolution approving a contract for Telecommunication Services based on proposals received from RFP #12-02.
(11, 034,go
Cost of this request
Various 5310-01
Account Number
Project Number
Budgeted Rem
1 n r
X
Category / Project Budget
I.T. Technology Improvements
Program Category / Project Name
Telecommunications System Upgrade
Funds Used to Date Program / Project Category Name
Various Operating Funds
Remaining Balance Fund Name
Budget Adjustment Attached
I 3114.11z
Date
(A)
orney Date
Finance and Internal Services Director Date
44-42
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
06-01-12P02:23 RCVD
Received in City
Clerk's Office
Comments: C 4bsd dec e,444 ,. (.'t4 he ,t( -A tst.•+ ALV,'e�✓ 61A -Ce a ffarinvta
St-�11'1 cw IS
Revised January 15, 2009