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HomeMy WebLinkAbout182-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 182-17 File Number: 2017-0460 RFP #17-05 COX COMMUNICATIONS: A RESOLUTION TO AWARD RFP #17-05 AND AUTHORIZE A FIVE YEAR CONTRACT WITH COX COMMUNICATIONS FOR TELECOMMUNICATIONS SERVICES, WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS, AT AN ESTIMATED COST OF $295,546.00 INCLUDING TAXES AND FEES FOR THE FIRST YEAR 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 #17-05 and authorizes a five year contract with Cox Communications for telecommunications services, with automatic renewals for up to five additional one year terms, at an estimated cost of $295,546.00 including taxes and fees for the first year. PASSED and APPROVED on 9/5/2017 Attest: Sondra E. Smith, City Clerk Treasurer *�`j4t�Nt� rrrr�r� ��*. 5 0 I�I 1 oto N; �� ` Page 1 Printed on 916117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2017-0460 Agenda Date: 9/5/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 7 RFP #17-05 COX COMMUNICATIONS: A RESOLUTION TO AWARD RFP #17-05 AND AUTHORIZE A FIVE YEAR CONTRACT WITH COX COMMUNICATIONS FOR TELECOMMUNICATIONS SERVICES, WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS, AT AN ESTIMATED COST OF $295,546.00 INCLUDING TAXES AND FEES FOR THE FIRST YEAR 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 #17-05 and authorizes a five year contract with Cox Communications for telecommunications services, with automatic renewals for up to five additional one year terms, at an estimated cost of $295,546.00 including taxes and fees for the first year. City of Fayetteville, Arkansas Page 1 Printed on 91612017 Brad Fulmer Submitted By S City of Fayetteville Staff Review Form 2017-0460 Legistar File ID 9/5/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/14/2017 INFORMATION TECHNOLOGY (170) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Request for Proposal (RFP) 17-05 and authorizing a 5 -year contract for telecommunication services with Cox Communications as needed through 2022, with automatic renewals for up to five (5) additional one (1) year terms. Budget Impact: Various 5310-01 Account Number Various Operating Funds Fund Project Number Project Title Budgeted Item? Yes Current Budget $ 555,165.00 Funds Obligated $ 295,546.00 Current Balance !S},iil`,'.is0 Does item have a cost? NA Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget 259,6-19,00 V20140710 Previous Ordinance or Resolution # 134-12 Original Contract Number: Approval Date: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 5, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Keith Macedo, IT Director FROM: Brad Fulmer, Infrastructure Manager DATE: August 14, 2017 CITY COUNCIL MEM© SUBJECT: Resolution awarding RFP 17-05 and approving a contract with Cox Communication, for telecommunication services related to wide area network, internet services, voice communication, long distance, and public Wi-Fi. RECOMMENDATION: Staff recommends awarding Request for Proposal (RFP) 17-05 and authorizing a 5 -year contract for telecommunication services with Cox Communications as needed through 2022, with automatic renewals for up to five (5) additional one (1) year terms. BACKGROUND: The City - of Fayetteville currently contracts with COX Communication for various telecommunication services throughout the City. The Information Technology (IT) division oversees the contract which includes telecommunication services related to voice communication, long distance, wide area network connectivity (building network connectivity), internet service, and public WiFi service for the downtown square. The City's current contract with COX Communication is set to expire in October of this year which necessitated staff to solicit proposals for a new telecommunication services contract. DISCUSSION: The IT division developed an RFP documenting current and future telecommunication needs, including an option for vendors to submit proposals to implement WiFi in our major parks and public areas. The telecommunication's RFP was advertised on March 17, 2017 and 4 responses were received on April 12, 2017. An RFP committee was created which included staff from IT, Police, Purchasing, Communications, Administration, and City Council to review the responses. The RFP committee met in April to review each proposal and determined that COX Communications provided the best value to the City when considering cost, performance, and diversity of options. Since April, IT staff has worked with COX Communications to negotiate the best balance of cost, performance, and overall value for each telecommunication service. The end result was the majority of all wide area network speeds were increased, internet speed was increased, the addition of the Emergency operations center and the new Fire Training Facility was added, deployment of WiFi in 10 City parks and public areas, and renewing of WiFi for the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 downtown square. The total monthly cost for the new contract is $605 per month under the current contract cost. Staff is confident the new contract will improve the City's internal network performance while providing our community with WiFi in our major public areas. List of public areas and approximate locations of Wi-Fi hotspots: B ce Davis Park Dog park and Pavilion Gary Hampton Park Softball fields Gulley Park Playground and Pavilion -Regional Park Baseball, Soccer, Playground Lake Fayetteville Softball, Marina, Pavilion Veterans Park Playground/Pavilion Walker Park Skate Park, Baseball Wilson Park Playground, Pavilion, Pool Downtown Square Around the Square Entertainment District Dickson St parking lots BUDGET/STAFF IMPACT: The monthly telecommunications bill is allocated across several funds and divisions, based upon the division that is utilizing the service. Our current monthly bill will decrease by approximately $600 per month with the proposed contract. The contract includes a clause for the contract pricing to be reviewed at 36 months, following contract award, to allow the City to take advantage of decreases in market pricing. The contract includes a clause for the contract to be renewed on an annual basis, for 5 additional years, with the ability to review costs at each annual renewal to ensure price and performance meet current market offerings. Attachments: Staff Review Form Cox Agreement C 0; /1 - Business' COMMERCIAL SERVICES AGREEMENT Customer Information Authorized Customer Representative Information Legal Company Name: City of Fayetteville Name: Keith Macedo T Service Street Address: 113 W Mountain St Business Phone Number: 479-575-8320 Ci /State/Zi : Fa etteville AR 72701 Business Fax Number: 60 Additional Contact Number o tional : 2 -way Trunk Cliannel E-mail Address (optional): 56.00 Installation Date: November 1 2017 Cox shall provide the following Services and equipment and Customer agrees to pay the fees and charges set forth below: Service Address: 113 W Mountain St— City Hall Service Description Quantity Unit (Price Terns Total Service Charges Monthly One-time Voicc aNian3r,er Essential 4 517.00 5190.00 60 568.00 5Nib SIP Port 1 60 $190.00 2 -way Trunk Cliannel 30 56.00 60 S180.00 DID 100 Block 4 $5.00 60 520.00 Personal Mobility 8 515.00 60 5120.00 Toll hive Calling 1 55.00 60 55,00 bte(ro F. I Gb I 5903.00 60 $903.0) Service Address: 1525 S Happy Hallow Rd —Transportation Shop Service Description Quantity Unit Price Term Total Seryice ChargesMonthly one-time Vence X4anager Fssenlial 3 S17,00 60 551.00 ; 5i�1b SIP Poa 1 $190,00 60 $196.00 2 -way Trunk Channel 30 $6,00 60 5180.00 DID 100 Block 3 55.00 60 $15.00 Metro i3 100i1ib I 5600.00 60 5600,00 Service Address: 317 W Ernest Lancaster Dr — Data Center Service Description Quantity Unit Price Term Total Service Charges Monthly one-time Optical Internet :300Mbps i $1,822.00 60 $1,822.00 _ Metro E I Gb 1 $903,00 60 5903.00 Service Address: 4500 S School Ave - Airport Data Center Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice Vlana,ycr Essential 2 S17.00 60 S34.00 Metro E 20011b 1 $671.00 60 $671.00 � Service Address: 100 W Rock St- Police Service Description Quantity Unit Price Term Total Service ChargesMonthly One-time Voice Manager Essential - 12 $17,00 60 $204.00 IVletro E 100Nib 1 $600.00 60 $600.00 Service Address: 4201 N Shiloh #1915 - NWA Mall'substation Service Description Quantity Unit Price Term Total Service Charges Monthly Onetime Voice k1:11111"er L.ssential I 517.00 60 $17.00 l'ictro E 20N[b 1 $505.00 60 4505.00 Service Address; 303 W Center St - Fire Station #1 Service Description Quantity Unit Price Term Total Service Chargee Monthly One-time Voice 'Manager Essential 1 $17.00 60 $17.00 Service Address: 708 N Garland - Fire Station #2 Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice NlanaoerF,ssential I Ss 17.00 60 $17.00 Metro F 20kib I 5505.00 60 5505.00 Service Address: 1050 S Happy Hollow Rd - Fire Station #3 Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice kianasocr Esserxi;tl l $17.00 60 $17.00 NIctro F 20\Ib 1 5505.00 60 5505.00 Service Address: 3385 N Plainview Ave - Fire Station #4 Service Description Quantity Unit Price Term Total Service Charges Monthly. One-time Voice I'danagerEssential I 517.00 60 517.00 S505.00 \,letro E': 20 -Mb 1 $505.00 60 Service Address: 2979 N Crossover Rd - Fire Station #5 Service Description Quantity Unit Price Term Total Service ChargesMonthly one-time Voice V'lanager ksscntial 1 $17,00 60 $17.00 Metro E 20\'16 1 5505.00 60 5505.00 Service Address: 900 S Hollywood — Fire Station #6 — Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice Manager F„ssenlial 1 $17.00 60 517.00 Metro E 20Vib I 5505.00 60 5505.00 Service Address: 835 N Rupple Rd — Fire Station #7 Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice Manager Essential l $17.00 60 $17.00 Metro E; 20Mb I 5505.00 60 `;505.00 Service Address: 4140 S School Ave— Fire Station #8 Service Description Quantity Unit Price Term Total Service Charges Monthly One-time ('131100 100Mbps x 20k1bps I _ 5144.99 60 $144.99 ('131 Modem 1 54.99 60 $4.99 Service Address: 3505 Borrick Dr — Fire Training Service Description Quantity Unit Price Term Total Service Charges Monthly One-time ('131 25 - 504bps x 10Mbps 1 594.99 60 $94.99 0131 Modem 1 54.99 60 S4.99 Service Address: 1155 Clydesdale Dr— Washington County Sall Service Description Quantity Unit Price Term Total Service Charges Monthly One-time 8488:00 Metro F 10N1b 1 $488.00 60 — .j _ Service Address: 2435 S Industrial Dr —Water and Sewer Operations Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Metro E 1004b 1 $600.00 60 5600.00 Voice N'lanaaer}'sscntial 4 817.00 60 $68.00 Service Address: 1195 E Canterbury Car — Canterbury Water Tank Service Description Quantity Unit Price Term Total Service Charges _ Monthly One-time Metro 1 ?0116 I 5505.00 60 $505.00 Service Address: 15 S Broyles— West Side Waste Water Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice 1lanagcr Fssenlial 2 517.00 5505.00 60 $34.00 Metro F 20tilb I 60 5505.00 Service Address: 1500 N Fox Hunter Rd — Noland Waste Water Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice Manager Essential 1 S17.00 60 .517.00 Metro F. 20Mb 1 $505.00 60 5505.00 Service Address: 105 N Mill Ave - EOC Service Description Quantity Unit Price Term Total Seryice Charges Monthly One-time Cbl 50 — 501bps x 51Abps 1 $9.3.99 0 $94.99 0131 klodem I 54.99 60 $4.99 Service Address: 240 E Rock St — Yvonne Richardson Center Service Description Quantity Unit Price Term Total Service Charges Monthly One-time C131100 — I001Ibps x 20.NIbps 1 $144.99 60 S144.99 C'131 Modem l $4.99 60 $4.99 Service Address: 401 W Watson St — PD Legacy Building Service Description Quantity Unit Price Term Total Service Charges Monthly One-time CBI 10 - 101Ibps .x 2Mbps 1 $64.99 60 $64.99 C'l31 Modem 1 54.99 60 $4.99 Service Address: 735_ W North St— Orton Recycling Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Ci31 10 - 10Nfts x 2Mbps 1 564.99 60 564,99 5.1.99 60 5-1.99 0131 ;11odkmi � f... Service Address: 6608 E Lake Sequoyah Dr — Lake Sequoyah Bait Shop Service Description Quantity Unit Price Term Total Service Charges Monthly One-time ('131 5 — 51NIbps x I Mbps I 547.95 60 $47.95 CBI�4lodern I 54.99 60 54.99 - Service Address: 1330 E Lake Fayetteville Rd — Lake Fayetteville Park Service Description Quantity Unit Price Term Total Service Charges Monthly One-time ('BI 5 — 5Mbps x I.Mbps I 547.95 60 547.95 ('BI iModcm l $4.99 60 54.99 Man,wed WiFi - Outdoor All + $60.00 60 5130.00 WiFi f3ackhaul 50/1 1bps 3 5144.99 60 5434.97 Service Address: 15 W Mountain St - Meter Service Description Quantity Unit Price Term Total Service Charges Monthly One-time CBI 5 - 5 •kbps .x I Nibps J 1 $47.95 60 547.95 CM Modem 1 i _ _ 54.99 60 54.99 I Service Address: 25 E Meadow St- Meter I Service Description Quantity Unit Price Term Total Service Charges Monthly One-time CBI 5 -- 5N1bps x I \kbps I 54795 60 547.95 CBI ',,Aodem I 54.99 60 $4.99 5.360.00 WiFi Backhaul 100-20 \-Ibps 520999 60 $419.98 Service Address: 211 W Mountain St - Meter Service Description Quantity Unit Price Term Total Service Charges Monthly One-time CBI 5-5\Ibpsx INibps k_ $4795 60 547.95 CBI \xlodem 1 $4.99 60 54.99 I Service Address: 50 W Meadow St - Meter Service Description Quantity Unit Price Term Total Service Charges Monthly fine -time CBI 5 - 5%ibps x 1,\;11)1)--, I 547.95 60 $47.95 ('131 \lodem i 54.99 60 $4.99 57995 60 I Service Address: 500 W Dickson St - Meter Service Description Quantity - Unit Price Term Total Service Charges Monthly One-time ('131 5 - 5\•Ib1)s x I \Arps k 547.95 60 547.95 - C131 %lodem f 54.99 60 =1,99 Service Address: 650 N Wilson Ave -Wilson Park I Service Description p Quantity Unit Brice Term Total Service Charges Monthly One-time ('131 25 25%Mbps x 5'\,ibps 1 57995 60 579.95 CBI Modem 1 5499 60 54,99 klanaged 1%'iFi - Outdoor All 6 - S60.00 60 5.360.00 WiFi Backhaul 100-20 \-Ibps 520999 60 $419.98 i I Service Address: 1595 N Dartmouth -Bryce Davis Park Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Liana cd WiFi --Outdoor Al) 2 S60.00 60 5120.00 WiFi Backhaul 50;'10 f%9bps 2 5144.99 60 5289,98 Service Address: 2800 Cummings Rd - Fayetteville Regional Park Service Description Quantity Unit Price Term Total Service Charges Monthly One-time �lana,�ed WiFi - Outdoor All S $60.00 60 5,00.00 Wil -i Backhaul 100120 \.Ibps 1 $209.99 60 5209.99 11`iFi Backhaul 50110 \lbps 2 $144,99 60 S289.98 CBI 25 - 25\dbps x 5\Ibps 1 $79.95 60 $79.95 CBI \lodenl 1 $4.99 60 $4.99 Service Address: 4451 Vantage Dr -Veteran's Memorial Park Service Description p Quantity Unit Price Term Total Service Charges Monthly One-time lanaged 1'ti M - Ould(lor <a P 1 $60.00 60 $60.00 Wil'i Backhaul 50.'10 \Qbps 1 $144.99 60 $144.99 Service Address: 1850 E Township St- Gulley Park Service Description Quantity Unit Price Term Total Service Charges Monthly One-time ,Managed WiFi - Outdoor AP 2 3 $60.00 S 144.99 60 60 $120.00 5289.9$ 'A it i Backhaal 50%10 iNIbps Service Address: 10 W 151 St- Walker Park Service Description Quantity Unit Price Term Total Service Charges Monthly One-time 'Managed W!iFi OutdourAP 5 560.00 60 5300.00 WiFi Backhaul 100120 NIbps 1 $209.99 60 5209.99 Wil'i Backhaul 50'10 \dbps 1 5144.99 60 5144.99 f Service Address: 2790 N Salem Rd - Gary Hampton Park Service Description Quantity Unit Price Term Total Service Charges Monthly One-time \lana'Ved Wih Outdoor AP 4 $60.00 60 $240.00 Wil'i Backhaul 100120 \,Ibps 1 $209.99 60 5209.99 , Service Address: 416 W Spring St - Parking Deck Service Description Quantity Unit Price Term Total Service Charges Monthly One-time 0115 5\;Ibps x I \Ibps 1 $47.95 60 547.95 CBI Nloden) I 54.99 60 54.99 \ManagedWiPi-- OutdoorAP 2 560.00 60 5120.00 Wil=i Backhaul 50:%10 iblbps ? $144.99 60 5289.98 Service Address: 401 W Watson St — Dickson St Parking Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Nlana2ed WiFi--Outdoor AP 3 $60.00 60 $180.00 IViFi Backhaul 50/10 hlbps 2 5144.99 60 $289.98 Service Address., 945 S College Ave — Fayetteville Senior Center Service Description Quantity Unit Price Term Total Service Charges Monthly One-time lavaged WiFi — Outdoor A P 5 $60.00 60 5300.00 1ViFi Backhaul 50110 NIbps 1 $144.99 60 $144.99 Service Address:l W Center St—Fayetteville Square Service Description Quantity Unit Price Term Total Service Charges Monthly One-time N-lana&led WiFi — Outdoor AP 5 $60.00 60 $ 300.00 WiFi Backhaul 100120 N1bps 2 $209.99 60 419.93 Service Address: 115 S Church Ave Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice Manager Essential 1 $17.00 60 S17,00 Service Address: 1455 S Happy Hollow Rd Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice 'Manager [essential I 517.00 60 $17.00 Service Address: 1519 S Happy Hollow Rd Service Description Quantity Unit Price Term Total Service Charges Monthly I One-time Voice ? Service Address: 1560 S Nappy Hollow Rd Service Description Quantity Unit Price Term Total Service Charges Monthly One-time Voice rlanagerEssential 2 $17.00 60 534.00 Service Address: 125 W Mountain St Service Description p Quantity Unit Prise Term Total Service Charges Monthly One-time Voice vlanager Essential 2 S17.00 60 S34.00 Service Address: 176 S Church Ave Service Description P Total Service Charges Quantity Unit Price Term Monthly one-time Voice Manager Fssential 2 $17.00 60 $34.00 Service Address.101 W Rock St Service Description Quantity Unit Price Term Total Service Charges Monthly one-time Voice %�lanlocr Essential 1 S 1 7.00 60 S17.00 _ Service Address: 1640 S Armstrong Ave Service Description Quantity Unit Price Term ---_ Total Service Charges - - Monthly one-time Voice Nilanager F,sseniial S 17.00 60 S3 I.l)0 Service Address: 385 W Ernest Lancaster Dr - Service Description _.... Resale - Business Eine Quantity Unit Price Term Total Service Charges Monthly One-time r 521.00 60 $21.00 __-- 7 otals, S21,0211.ti5 $0.00 0 Special Terms and Conditions L Thr tern or the Agreement shall lxgln ,m the Iai'rrnce Dmo and ;hall coniinuc fur an initial tern or qv,t% 1+,01 inooths (.Inroad t'c€nt) L IN N IAVIRA'140N OF THE WTI AI 'il-RM.'fIl[. ACRE AIENT SII.AI,I, AUIi NWI ICALLY RENEW lim I�Ivl: (ii I)\I. YEAR PERIODS IF.�ACH A"RFNi:4VAl_ TI[RAI") AND CON I NI;T IN I'I I'iaC'FDt!ItIN(i FACIl RI;NI-WAI.'1'I.iz41 Cutitaglcr mai dcclmr.i RQ,Icv+ul'I'crm he prop idIne. Co" Penh �wIItell mtiucr nury (±t1) u,i}s prior to dte Irfllial I ern or the IIISI ReIImaI "Perm, a; opplicahlr )'he Initial'I erm and ReIle H%aI I encu InLAy Co 11 een vels he referred to a5 the"Pei In" 2. The pricing for services awarded shall be examined at thirty-six (36) months following contract award and at the time of any subsequent contract renewals. if it is determined by Customer that market pricing has dropped and upon request by the Customer, the parties agree to discuss, in good faith, pricing updates as mutually agreed upon by the parties. 3. Mss jodgmnihca0r ri: Any indemnification obligations of the City of Fayetteville will be limited to the extent required by Arkansas law. By signing this Agreement, you represent that you are the. authunzed Customer representative and the information above is true and correct. This Agreement binds Customer to Ghe t[rms and conditions attached to this Agreement (the "Service Terms") and any other terrr7s and conditions applicable to the Services set forth al)l)ve, including without limitation, the Cox tariffs, service Guides, State and Federal regulations, [lie General Terms located at ,1' :,�7 +� ar{ outu;J. rt,,es,� s z2ss �` t :n 7 rg and the Cox Acceptable 9 T.I......r' i.�:_ s^. _.... s ... ......... .P..a..?...:_-....�_-`=- .ati':._�.:...�:.. PCa Use a, - � e 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, By signing this Agreement, Customer acknowledges that if (i) the transport Service(s) (e.g, Private tine Type Services, Ethernet Services) cross state boundaries or (il) 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. in addition to any other termination fights 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 (1) 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 Z of the Service Terms. To revie,YCox's Internet Service Disclosures, please visit CoxCom, LLC Cox Atka m, LLC Jr Title: !��S This "Agreement" includes the terms and conditions (i) 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 tercels incorporated into this page (the "Service Terms"); and (iii) set forth at hjps}vj,�r r rf>t oelrCf/Iltlsiiltryf qLe{,g1-terntis.cox (Che "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 Ufj;U_% w2.sox.c n"_ I ine-''e5Jy LcgL:Lg4ma o,Ey$yqA_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 COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSiTE htID•11ww2_ca [omfbu5iCAMADIQ" M. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX, CUSTOMER IS RESPONS113LE FOR BATTERY BACKUP FOR THE IAD, ESRC, 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 ESRC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMI-A, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE; SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, I N C L U D I N G ACCESS TO 911 OR E91 1, WILL NOT BE AVAILABLE. COX SHALL. NOT BE RESPONSIBLE OR LIABLE FOR ANYFAILURE 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 IAD 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 beclin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Palle. 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 he liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If CusLomerdelays tostallcdtion for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to tCrrninate this AgreefnenL 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) DAY$ 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 tenpercent (10%) during any extended Term by providing Customer with at least sixty (60) clays written notice of such rate increase, This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conclibons are governed by a Cox tariff or, SG, Upon notice to Customer, Cox may chance the rates for video Services periodically during the Term. Cox may change the rates for telephone Service. subject to za 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 Customers acceptance of the new rate. Q. Termination CLIS(Oriler may terrninate 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 I'erms,Customer will be obligated to pay Cox a temaination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (1001/0) of the monthly recurring charges for the ternoinated 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 Agreeient without liability if Cox cannot resolve the interference by using commercially reasonable efforts. 5, 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 an 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 rails 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 Coal (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Custorner 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 StDtLLsvw2.coxSomlaboutust.poll tic slbi� iaals ooltcres.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 arnencirnent 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 sale 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, I.O. 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 or 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. City of Fayetteville Staff Review Form 2019-0443 Legistar File ID N/A COX Communications Internet Service at Mt. Sequoyah Greenhouse City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Keith Macedo 7/16/2019 INFORMATION TECHNOLOGY (170) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approving the attached agreement with COX Communications for new Internet Service at the Mt Sequoyah Greenhouse. 1010.170.1710-5310.01 Account Number Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget General Fund Project Title $ 139,680.00 $ 72,067.51 $ 67,612.49 $ 1,144.76 66,467.73 V20180321 Previous Ordinance or Resolution # Res 182-17 Approval Date: 7/17/19 I Wis CITY OF FAYETTEVILLE ARKANSAS TO: THRU: FROM: DATE: SUBJECT: STAFF MEMO Mayor Jordan Don Marr, Chief of Staff Keith Macedo, IT Director July 16, 2019 Approve an agreement with COX Communications for new Internet Service at the Mt Sequoyah Greenhouse. RECOMMENDATION: Staff recommends approving the attached agreement with COX Communications for new Internet Service at the Mt Sequoyah Greenhouse. BACKGROUND: The Mount Sequoyah Greenhouse relies on outdated wireless technology for its internet connection that allows them to connect to the City's computer network. This equipment is beyond its recommended lifespan and is at risk of failing with no backup available. City Council awarded RFP 17-05 and approved a five (5) year contract with COX Communications at the September 5, 2017 meeting. DISCUSSION: The attached agreement will approve the installation of a new Cox cable modem, and associated internet service, that will significantly improve performance for the Mt Sequoyah Greenhouse. BUDGET/STAFF IMPACT: One-time installation fee of $125 will be allocated to the IT utilities telephone budget. The monthly cost will be $84.98 and will be allocated to the Parks and Rec utilities telephone budget. There will be no staff impact, Cox will install all new services and equipment. Attachments: Staff Review Memo, Staff Review Form, Cox Commercial Services Amendment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 C O� Commercial Services Agreement 8/14/2019 Business' Cox Account Rep: Jay Lashley Cox S stern Address: Phone Number: 479-717-3626 14901 S 48th Fax Number: 877-873-4072 Customer Informa Le ag I Company Name: City of Fayetteville _ Street Address: 100 N SUMMIT AVE City/State/tip: FAYETTEVILLE, Arkansas 72701 Billing Address City/State/zip Cox Account #: 580-0000000-00 Merge Bill lNo SPRINGDALE(Arkansas)LAR 72762 Authorized Customer Representative Information Full Name: Stefan Bachrodt Billing Contact: 000-000-0000 Fax: Contact Number. 479-521-7700 Email Address: E Service Description Taxes and FeQ`No€ dUded Prev New Unit QTY QTY Price Term (Months) �= Service Charges Monthly One Time Recurring Activation & Setup Fees CBI 25 - 25Mbps x 5Mbps 0 1 $79.99 36 $79.99 Dynamic IP Address Cox Business Online Backup - 25GB Security Suite - 25 PC Cox WIFI 10 Free Access Accounts CBI Modem 0 0 0 0 0 1 1 1 1 1 $0.00 $0.00_ $0.00 $0.00 $4.99 36 36 36 36 36 $0.00 $0.00 $0.00 $0.00 $4.99 CBI Modem Activation 0 1 $25.00 $25.00 Cox Business Internet Install 0 1 $100.00 $100.00 I I I i i Totals: Demallption Quantity Unit Price Total Fee Version 09.14.2017 Page 1 : 8:06:05 AM Special Conditions -------- -- Promotion Details 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.corn/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 [imitation, 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 a 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. By signing this Agreement, you represent that you are the authorized Customer representative. Customer Authori d Si ature CoxCom, LLC.; Cox Arkansas Telcom, LLC Signature Signature: J Signature: Print: Print: � — - -- –—---------- VQ \I —6 & i Title Position: Title Position: Date: rl 11-7 Date: Version 09.14.2017 Page 2 : 8:06:05 AM EXHIBIT A 1. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE httr)://ww2.cox.com/business/voice/regulatory.cox. 2. Service Start Date and Term The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth above in the Service Terms. 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. 3. Termination Customer may terminate any Service before the end of the Term selected by Customer above in the Service Terms upon at least thirty (30) days written notice to Cox; 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 months, including partial months, remaining in the Term. Cox may terminate this Agreement without liability at any time prior to installation of Services if Cox determines that Customer's location is not reasonably serviceable or there is signal interference with any Cox Service(s) 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. If Customer terminates this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. This provision survives termination of the Agreement. 4. 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 fails 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. S. Service and Installation Cox shall provide Customer with the Services identified above in the Service Terms and may also provide Version 09.14.2017 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. If Cox Equipment is not returned to Cox after termination or disconnection of Services, Customer shall be liable for the Cox Equipment costs. 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 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. 6. General Terms The General Terms are hereby incorporated into this Agreement by reference. 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 GENERALTERMS. 7. LIMITATION OF LIABILITY IN ADDITION TO ANY OTHER LIMITATIONS ON LIABILITY CONTAINED IN THE AGREEMENT, NEITHER COX NOR ANY COX RELATED PARTY SHALL BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, OR FOR ANY LOSS OF DATA OR STORED CONTENT, IDENTITY THEFT, OR FOR ANY PROBLEM WITH THE SERVICES OR EQUIPMENT OF ANY THIRD PARTY, NOR SHALL COX NOR ANY COX RELATED PARTY BE RESPONSIBLE FOR FAILURE OR ERRORS OF ANY COX SERVICE, COX EQUIPMENT, SIGNAL TRANSMISSION, LICENSED SOFTWARE, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. NEITHER COX NOR ANY COX RELATED PARTY WILL BE LIABLE FOR DAMAGE TO PROPERTY OR FOR PHYSICAL INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX OR ANY COX RELATED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR PROVISION OF THE SERVICES. 8. 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. COX DOES NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO CUSTOMER'S LOCATION, OR THAT INSTALLATION OF SERVICE WILL OCCUR IN A SPECIFIED TIMEFRAME. COX DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT WILL MEET CUSTOMER'S NEEDS, PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR -FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR THE LIKE. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 9. 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 performance licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. Cox Communications City of Fayetteville Staff Review Form 2019-0862 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Keith Macedo 11/29/2019 INFORMATION TECHNOLOGY (170) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends authorizing the attached commercial services agreement, with Cox Communications, to install a new internet service at the Police department to support Police video uploads. 1010.200.2900-5310.01 Account Number Project Number Budgeted Item? No Does item have a cost? Yes Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget General Fund Fund Project Title $ 104,007.00 $ 79,757.00 $ 443.99 23,806.1 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Res 182-17 Change Order Number: Original Contract Number: Comments: Approval Date: 12/3/19 I Wis CITY OF FAYETTEVILLF ARKANSAS TO: THRU: FROM: DATE: STAFF MEMO Mayor Jordan Don Marr. Chief of Staff Susan Norton, Director of Communications and Marketing Keith Macedo, IT Director Brad Fulmer, Assistant IT Director November 26, 2019 SUBJECT: Staff recommends authorizing the attached commercial services agreement, with Cox Communications, to install a new internet service at the Police department to support Police video uploads. RECOMMENDATION: Staff recommends authorizing the attached commercial services agreement, with Cox Communications, to install a new internet service at the Police department to support Police video uploads. BACKGROUND: The new in vehicle camera system. WatchGuard. requires additional upload and download connectivity to allow the video to be transferred to Watchguard cloud storage servers. DISCUSSION: Installing a new Cox cable modem for internet will increase the both the speed and efficiency of uploading recorded video to the WatchGuard cloud servers by using a dedicated internet connection at the police department. BUDGET/STAFF IMPACT: One-time installation fee of $125 to install the cable modem and to activate the internet service. Monthly charge of $318.99 will be paid for by the Police Department. There will be no staff impact, Cox will install all new services and equipment. Attachments: Staff Review Form, Staff Review Memo. Cox Commercial Services Amendment Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 0 BUSINESS 0 0 0 0 0 Amendment To Commercial Services Agreement 11/22/2019 Cox Account Rep: Jay Lashley lCox System Address: Phone Number: 479-717-3626 14901 S 48th_ Fax Number: 877-873-4072 _SPRINGDALE(Arkansas), AR 72762 IIr1FOrn1 Cox Business Internet Install Authorized Customer Representative In_formatlo ^Keith Legal Compan Na!-: FAYETTEVILLE POLICE DEPARTMENT Full Name: Macedo Street Address: 100 W ROCK ST *A BillingContact: 479-587-3530 C t �/State/Zip: FAYETTEVILLE, Arkansas 72701 _ _ Fax: _— --- — Billing Address: Contact Number: 479 575-8320 City/State/Zip: Email Address: kmacedo@fayetteville-ar.gov Cox Account #: 580-0655804-01 - Merge Bill No _- _ Taxes and Fees Not Includal Service Description Prev New Unit Term Service Charges QTY I QTY Price (Months) + Monthly One Time CBI 500 - 500 Mbps x 35 Mbps Dynamic IP Address Security Suite - 25 PC Cox WiR 10 Free Access ACCountS CBI Modem 0 0 0 0 0 1 1 1 1 1 $314.00 Coterminous $0.00 Coterminous $0.00 Coterminous $0.00 Coterminous $4.99 Coterminous G Recurring $314.00 $0.00 $0.00 $0.00 $4.99 Activation & Setup Fees CBI Modem Activation 0 1 $25.00 $25.00 Cox Business Internet Install 0 1 $100.00 $100.00 I Totals: $318.99-� $125.00 ;es Description Quantity Unit Price Version 09.14.2017 Page 1 : 2:25:17 PM By signing this Amendment to Commercial Services Agreement ("Amendment"), Customer represents that it is the authorized Customer representative and the information above is true and correct. This Amendment amends the Commercial Services Agreement last executed by Cox and Customer (the "CSA") and binds Customer to the terms and conditions contained in this Amendment and in the CSA, including without limitation, (i) the Service Terms incorporated into the CSA, (ii) the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox and (iii) any other terms and conditions applicable to the Services, including without limitation, the Cox tariffs, Service Guides set forth a http://ww2.cox.com/business/voice/regulatory.cox, State and Federal regulations, the AUP posted a http://ww2.cox.com/aboutus/policies/business-policies.cox (the "AUP"), and Cox's Internet Service Disclosures located a www.cox.com/internetdisclosures. Customer acknowledges receipt and acceptance of the Service Terms, the AUP, General Terms, and all other referenced terms and conditions by signing this Amendment. This Amendment 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 Amendment to Cox unchanged within thirty (30) days from the date above. By signing this Amendment, 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 an 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 signatures to sign this Amendment, provided the electronic signature method used by Customer is acceptable to Cox. This Amendment shall be effective upon execution by Customer and "Acceptance" by Cox. "Acceptance" of this Amendment by Cox shall occur upon the earlier of (i) Cox's countersignature of this Amendment or (ii) Cox's implementation of the changes to the Agreement that are set forth in this Amendment. Customer acknowledges that it has read and understands the 911 disclosures in Section 2 of the Service Terms. Customer Author* ed Signature LC CoxCom, LLC.; Arkansa Tec Lignature Signature: Signature: Print:—� Print: One I \hof A a��w=�-� Title Position: Mayor Title Positio Date: 12/3/19 Date: Version 09.14.2017 Page 2 : 2:25:17 PM Cox Communications Service Order Internet Service at Lake Fayetteville Ball Fields City of Fayetteville Staff Review Form 2024-0208 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Keith Macedo 3/25/2024 INFORMATION TECHNOLOGY(170) Submitted By Submitted Date Division/Department Action Recommendation: Staff recommends authorizing the attached service order to authorize COX Communication's to install internet service at Lake Fayetteville ball fields for 36 months. Budget Impact: 1010.520.5250-5310.01 General Fund Account Number Fund Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 6,185.00 Expenses(Actual+Encum) $ 487.46 Available Budget $ 5,697.54 Does item have a direct cost? Yes Item Cost $ 1,044.00 Is a Budget Adjustment attached? Yes Budget Adjustment $ - Remaining Budget $ 4,653.54 V20221130 Purchase Order Number: Previous Ordinance or Resolution# 17-05 Change Order Number: Approval Date: 03/29/2024 Original Contract Number: Comments: IRCITY OF FAYETTEVILLE STAFF MEMO ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, Information Technology Director DATE: March 25, 2024 SUBJECT: Staff recommends authorizing the attached service order to authorize COX Communication's to install internet service at Lake Fayetteville ball fields. RECOMMENDATION: Staff recommends authorizing the attached service order to authorize COX Communication's to install internet service at Lake Fayetteville ball fields for 36 months. BACKGROUND: City Council approved a 5-year agreement with Cox Communications to provide telecommunication services on September 5, 2017, via Resolution 17-05, with the ability to renew annually for 5 additional years. The Lake Fayetteville ball fields are in the process of being upgraded, which includes the installation of several video security cameras to enhance safety at the location. DISCUSSION: The attached service order will authorize COX Communication's to install internet services at the Lake Fayetteville ball fields. Internet service is required to operate the new video security cameras and will provide the ability to implement additional city technology if needed in the future. BUDGET/STAFF IMPACT: The attached service order requires a signature to approve a one-time installation fee of$25.00 and a monthly fee of$87.00, for a 36-month term, plus applicable taxes. Funding for the installation will come from the Information Technology phone utility budget and monthly internet fees will be from the Parks and Recreation phone utility budget. Attachments: Staff review form, Staff review memo, COX Communication's Service Order. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DocuSign Envelope ID:5C2CD766-FFC0-48EB-BFD7-BFBDOBF6DCA5 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:/Iwww.coxbusiness.comlgeneralterms(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:/lwww.coxbusiness.com/e911("SG"),State and Federal regulations,the Cox Acceptable Use Policy(the"AUP"),and Cox's Internet Service Disclosures located at www.cox.comlinternetdisclosures.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 andlor 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 service and equipment charges above,except as explicitly set forth in the Special Conditions section,do not include applicable taxes,fees,assessments or surcharges which are additional and may change from time to time.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.By signing this Agreement,you represent that you are the authorized Customer representative. Customer Authorized Signature CoxCom,LLC.;Cox Arkansas Telcom,LLC Signature • Signature: Signature: —oo`usu9nea by: / � J \an.ktA, ' �../� "-393FBB4EEOF2456... Print: Lioneld J. Jan Print: James Parker Title Position: Ma Title Position: Enterprise sales Manager Date: 03/29/2024 Date: 3/19/2024 3/19/2024 2 DocuSign Envelope ID:5C2CD766-FFC0-48EB-BFD7-BFBDOBF6DCA5 CO )( Commercial Services Agreement BUSINESS 311912024 Cox Account Rep: Dee Hastings Cox System Address Phone Number: (479)879-2362 4983 S 48th St Springdale.AR 72764 Fax Number: Customer Information Authorized Customer Representative Information Legal Company Name: City of Fayetteville Full Name: Keith Macedo Street Address: 1330 E Lake Fayetteville Rd Billing Telephone: (479)575-8245 City/State/Zip: Springdale,AR 72764 Fax: Billing Address: 113 W Mountain St Contact Number: (479)575-8230 City/State/Zip: FAYETTEVILLE,AR 72701 Email:kmacedo@fayetteville-ar.gov Cox Account#: 580-83375401 Service Description From To QTY Unit Price Term Monthly Recurring One Time QTY (Months) Service Charges Service Charges CBI 50-50Mbps x 10Mbps 0 1 $80.00 36 $80.00 $0.00 includes Cox WiFi 10 Free Access Accounts and 25 Free PC Security Suites CBI Modem 0 1 $7.00 36 $7.00 $0.00 Dynamic IP Address 0 1 $0.00 36 $0.00 $0.00 Install Fees CBI Modem Activation 0 1 $25.00 0 $0.00 $25.00 Cox Business Internet Modem 0 1 $0.00 0 $0.00 $0.00 Self-Install Kit Totals: $87.00 $25.00 The service and equipment charges above,except as explicitly set forth in the Special Conditions section,do not include applicable taxes, fees,assessments or surcharges which are additional and may change.Visit http:llwww.coxbusiness.comltaxesandfees for more information 3/19/2024 1 DocuSign Envelope ID:5C2CD766-FFCO-48EB-BFD7-BFBDOBF6DCA5 EXHIBIT A 1.E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES. of which shall be retained by Cox(the"Cox Equipment"),or for certain Services,Customer. PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL may purchase equipment from Cox("Customer Purchased Equipment").Customer is TERMS AND ON THE WEBSITE http://www.coxbusiness.com/e911 responsible for damage to any Cox Equipment.If Cox Equipment is not returned to Cox after termination or disconnection of Services,Customer shall be liable for the Cox Equipment 2.Service Start Date and Term The"Initial Term"shall begin upon installation of Service costs.Customer may use the Services for any lawful purpose,provided that such purpose: and shall continue for the applicable Term commitment set forth above in the Service Terms. (i)does not interfere or impair the Cox network or Cox Equipment;(ii)complies with the However,if Customer delays installation or is not ready to receive Services on the agreed- AUP;and(iii)is in accordance with the terms and conditions of this Agreement.Customer upon installation date.Cox may begin billing for Services on the date Services would have shall use the Cox Equipment only for the purpose of receiving the Services.Customer shall been installed.Cox shall use reasonable efforts to make the Services available by the use Customer Purchased Equipment in accordance with the terms of this Agreement and requested service date.Cox shall not be liable for damages for delays in meeting service any related equipment purchase agreement.Unless provided otherwise herein,Cox shall dates due to install delays or reasons beyond Cox's control.If Customer delays installation use commercially reasonable efforts to maintain the Services in accordance with applicable for more than ninety(90)days after Customer's execution of this Agreement,Cox reserves performance standards.Cox network management needs may require Cox to modify the right to terminate this Agreement by providing written notice to Customer and Customer upstream and downstream speeds.Use of the Services shall be subject to the AUP at shall be liable for Cox's reasonable costs incurred.AFTER THE INITIAL TERM.THIS http:/iwww.coxbusiness.com/gcneraltcrms.which is incorporated herein by reference.Cox AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE(1)YEAR TERMS(EACH AN may change the AUP from time to time during the Term.Customer's continued use of the "EXTENDED TERM")UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN Services following an AUP amendment shall constitute acceptance of the revised AUP. 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 6.General Terms The General Terms are hereby incorporated into this Agreement by Term and Extended Term(s),if any.Cox reserves the right to increase rates for all Services reference.BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE by no more than ten percent(10%)during any Extended Term by providing Customer with SERVICES,CUSTOMER ACKNOWLEDGES THAT IT HAS READ,UNDERSTOOD,AND at least sixty(60)days written notice of such rate increase.This limitation on rate increases AGREED TO BE BOUND BY THE GENERAL TERMS. 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 7.LIMITATION OF LIABILITY IN ADDITION TO ANY OTHER LIMITATIONS ON LIABILITY video Services periodically during the Term.Cox may change the rates for telephone CONTAINED IN THE AGREEMENT,NEITHER COX NOR ANY COX RELATED PARTY Service subject to a Cox tariff or SG periodically during the Term.For the avoidance of SHALL BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF doubt,promotional rates and promotional discounts provided to Customer will expire at the ANY SERVICES,OR FOR ANY LOSS OF DATA OR STORED CONTENT,IDENTITY end of the Initial Term or earlier as set forth in the promotion language.Customer's payment THEFT,OR FOR ANY PROBLEM WITH THE SERVICES OR EQUIPMENT OF ANY THIRD for Service after notice of a rate increase will be deemed to be Customer's acceptance of PARTY,NOR SHALL COX NOR ANY COX RELATED PARTY BE RESPONSIBLE FOR the new rate. FAILURE OR ERRORS OF ANY COX SERVICE,COX EQUIPMENT.SIGNAL TRANSMISSION.LICENSED SOFTWARE,LOST DATA.FILES OR SOFTWARE DAMAGE 3.Termination Customer may terminate any Service before the end of the Term selected REGARDLESS OF THE CAUSE.NEITHER COX NOR ANY COX RELATED PARTY WILL by Customer above in the Service Terms upon at least thirty(30)days written notice to Cox: BE LIABLE FOR DAMAGE TO PROPERTY OR FOR PHYSICAL INJURY TO ANY provided,however,if Customer terminates any such Service before the end of the Term PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS (except for breach by Cox).unless otherwise expressly stated in the General Terms, CAUSED BY THE NEGLIGENCE OF COX.UNDER NO CIRCUMSTANCES WILL COX OR Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges(if ANY COX RELATED PARTY BE LIABLE FOR ANY INDIRECT,INCIDENTAL,SPECIAL unpaid)and One Hundred Percent(100%)of the monthly recurring charges for the OR CONSEQUENTIAL DAMAGES,INCLUDING LOST PROFITS,ARISING FROM THIS terminated Service(s)multiplied by the number of months,including partial months. AGREEMENT OR PROVISION OF THE SERVICES. remaining in the Term.Cox may terminate this Agreement without liability at any time prior to installation of Services if Cox determines that Customer's location is not reasonably 8.WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT,THERE ARE NO serviceable or there is signal interference with any Cox Service(s)according to Cox's OTHER AGREEMENTS,WARRANTIES OR REPRESENTATIONS.EXPRESS OR standard practices.If Customer terminates or decreases any Service that is part of a bundle IMPLIED,EITHER IN FACT OR BY OPERATION OF LAW,STATUTORY OR offering,the remaining Service(s)shall be subject to price increases for the remaining Term. OTHERWISE,INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A If Customer terminates this Agreement prior to installation of Service by Cox.Customer shall PARTICULAR PURPOSE,RELATING TO THE SERVICES.SERVICES PROVIDED ARE A be liable for Cox's costs incurred.This provision survives termination of the Agreement. BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. 4.Payment Customer shall pay Cox all monthly recurring charges("MRCs")and all non- COX DOES NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO recurring charges("NRCs"),if any,by the due date on the invoice.Any amount not received CUSTOMER'S LOCATION,OR THAT INSTALLATION OF SERVICE WILL OCCUR IN A by the due date shown on the applicable invoice will be subject to interest or a late charge SPECIFIED TIMEFRAME.COX DOES NOT WARRANT THAT ANY SERVICE OR no greater than the maximum rate allowed by law.If Cox terminates this Agreement due to EQUIPMENT WILL MEET CUSTOMER'S NEEDS,PERFORM AT A PARTICULAR SPEED. Customer's breach.or if Customer fails to pay any amounts when due and fails to cure such BANDWIDTH OR THROUGHPUT RATE,OR WILL BE UNINTERRUPTED,ERROR-FREE, non-payment upon receipt of wntten notice of non-payment from Cox.Customer will be SECURE,OR FREE OF VIRUSES,WORMS,DISABLING CODE OR THE LIKE. deemed to have terminated this Agreement and will be obligated to pay the termination fee INTERNET AND WIFI SPEEDS WILL VARY.COX MAKES NO WARRANTY AS TO described above.If applicable to the Service,Customer shall pay sales,use,gross receipts, TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 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 9.Public Performance If Customer engages in a public performance of any copyrighted deposits,imposed on the use of the Services.Taxes will be separately stated on Customer's material contained in any of the Services,Customer,and not Cox,shall be responsible for invoice.No interest will be paid on deposits unless required by law. obtaining any public performance licenses at Customer's expense.The Video Service that Cox provides under this Agreement does not include a public performance license 5.Service and Installation Cox shall provide Customer with the Services identified above in the Service Terms and may also provide related facilities and equipment,the ownership 3/19/2024 3