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HomeMy WebLinkAbout2014 CON COXCOM - Lease Data Circuit - Amendment #2SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COX COMMUNICATIONS CALIFORNIA, LLC THIS SECOND AMENDMENT TO AGREEMENT (this "Amendment") is made as of the 7th day of October, 2014 (the "Effective Date") by and between THE CITY OF NATIONAL CITY, a municipal corporation (the "City") and COX COMMUNICATIONS CALIFORNIA, LLC, (successor to COXCOM, INC); COX CALIFORNIA TELCOM, LLC, a limited liability company (collectively, "Cox"). RECITALS A. CoxCom, Inc. (predecessor to Cox) and the City entered into that certain Agreement dated June 3, 2008, as amended by First Amendment to Agreement dated October 19, 2010 (as amended, the "Agreement") for the provision of commercial Internet services (the "Services") to City for the purposes set forth in that certain Resolution No. 2008-98 (the "Resolution"), which is attached hereto as Exhibit "A" and made a part hereof, and B. Cox and the City entered into a First Amendment dated October 19, 2010 (the "Agreement"), to extend the term for a period of five years from Oct 19, 2010 to October 19, 2015, expanding the scope of services, reducing the monthly service charge for the data circuit, and establishing a fee for the video services set forth in that certain Resolution No. 2010-237 (the "Resolution"), which is attached hereto as Exhibit "B" and made a part hereof, and C. Cox and the City desire to amend and modify certain terms and conditions of the Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Cox and the City hereby agree as follows: 1. Definitions. Any capitalized terms used in this Amendment not otherwise defined herein shall have the meaning ascribed to such term as set forth in the Agreement. 2. Amendments. a. Cox and the City hereby agree to extend the term of the Agreement for a period of five (5) years upon the same terms and conditions as set forth in the Agreement, and said extended term (the "Extended Term") shall commence upon the Effective Date of this Amendment and shall expire on October 19, 2019. The term of the Agreement, as extended under the First Amendment to Agreement and as further extended hereby, is sometimes referred to herein as the "Term." Sep 25, 2014 1 Second Amendment to Agreement City of National City and CoxCom, LLC 2785605-1 10662 0002000 Sep 25, 2014 b. Cox and City hereby agree to renew and increase the existing Cox Optical Internet Services ("Cox Optical Internet 60Mbps" to "Cox Optical Internet 100Mbps"), as set forth in Exhibit "C", with a monthly recurring charge ("MRC") of $2,200.00, which shall reduce the MRC for said services. c. Cox and City hereby agree to add a new Cox Optical Internet Service at 1243 National City Boulevard ("Cox Optical Internet 50Mb"), as set forth in Exhibit "C", with an MRC of $1,300.00 and $0.00 installation fee. d. Cox and City hereby agree to add a new Cox Business Internet ("CBI 25Mb/5Mb") at 1415 D Avenue, National City, CA 91950 (Nutrition Center), as set forth in Exhibit "D", with an MRC of $174.00 and $0.00 installation fee. e. The City shall renew Cox Expanded Basic (Commercial Standard Cable) video service (the "Video Service") for certain locations within the City of National City, as set forth in Exhibit "E", with an MRC of $15.00 per outlet. Video Service shall be subject to the same terms and conditions as set forth in the Agreement, except as otherwise set forth herein. Cox shall provide thirteen (13) CATV video outlets for the distribution of the Video Service at the addresses set forth on Exhibit "F" (the "City Locations"), which is attached hereto and made a part hereof. Except where applicable law requires a different channel line-up, the Video Service shall consist of Cox standard channel line-up and video programming channels and video signals for the applicable Service Area as listed in Exhibit "G", which is attached hereto and made a part hereof. The video signals and channel line-up may be modified from time -to -time by Cox in its sole discretion. The City acknowledges and agrees that (i) the programming and information contained in the Video Service may not be changed or altered by the City or its agents; (ii) because Cox makes use of certain programming owned by others in providing the Video Service, Cox is not guaranteeing the provision or future availability of any particular program or channel, and the City will make no claims nor undertake any legal action against any person or entity, including Cox's programmers or vendors, if certain programming is interrupted, discontinued or substituted. Cox may change video service prices periodically during the Extended Term (or any renewal term) of the Agreement upon thirty (30) days prior written notice. The City shall have no claim against Cox if any video channel is modified or deleted by any programmer supplying such content to Cox. Cox may restrict the display of certain programming or video Services to certain areas at or within the City Locations. If the City engages in a public performance of any copyrighted material contained in the Video Service provided under this Agreement, the City, and not Cox, shall be responsible for obtaining any public performing licenses. f. In the event that, during the Extended Term (or any renewal term) of the Agreement, Cox begins to transition certain channels in the standard channel lineup from an analog transmission to a digital transmission, in order to continue receiving such channels which were formally delivered by analog transmission, the City will need to rent from Cox either a digital receiver for each video outlet 2 Second Amendment to Agreement City of National City and CoxCom, LLC 2785605-1 10662.0002000 or digital insertion equipment. If digital insertion equipment is required, Cox will charge the City an installation fee. Title to the digital receiver and the digital insertion equipment and all other equipment provided to the City by Cox will remain with Cox at all times. In order to receive the Video Service, the City must have the necessary equipment to receive the Video Service (e.g. TVs) and, at all times during the Extended Term (or any renewal term) of the Agreement, the City is responsible for ensuring that such equipment is compatible with the Video Service. For example, if Cox provides the City with an encrypted signal for the Video Service, the City must have equipment with decryption capabilities that are satisfactory to Cox. 3. Except as contained herein, the terms of the Agreement remain in full force and effect, however, in the event of any inconsistency between the terms and provisions of this Amendment and the other terms and provisions of the Agreement, the terms and provisions of this Amendment shall be controlling for all purposes and in all respects. 4. This Amendment may be executed by facsimile and in counterparts, and an executed facsimile copy of this Amendment shall be deemed to be an original for all purposes. IN WITNESS WHEREOF, Cox and City have caused this Amendment to be executed as of the Effective Date CITY OF NATIONAL CITY By: Ron Morrison, Mayor ROVED AS TO FORM: a r•S•IL a Silva City Att Sep 25, 2014 COX COMMUNICATIONS CALIFORNIA, LLC; COX CALIFORNIA TELCOM, L.L.0 (Corporation -signatures of two authorized signors) (Partnership - one signature) By: (Print) (Title) (Name) Larry cav (Print) vP (Title) 3 Second Amendment to Agreement City of National City and CoxCom, LLC 2785605-1 10662 0002000 Sep 25, 2014 ATTACH EXHIBITS 4 Second Amendment to Agreement City of National City and CoxCom, LLC 2785605-110662 0002000 coxBusiness. Amendment to Commercial Services Agreement 09/08/2014 ox Account Rep: David Horowitz Phone Number: 19-269-2416 Cox System Address: Fax Number: 5159 Federal Blvd San Diego, CA 92105 s{ f.. a... i'!y, �' $ r s , '" �e.. ,,x °q rinN.l7C6 �iiWfii iF;R .. . intaC litt 're' Legal Company (:ity of National City Name: Full Name: Ron Williams Street Address: 1243 NATIONAL CITY BLVD Billing Contact: City/State/Zip: NATIONAL CITY, CA - 91950 Fax: Billing Address: 1243 NATIONAL CITY BLVD Contact Number: 619-336-4240 City/State/Zip: NATIONAL CITY, CA - 91950 Email Address: rwilliams@nationalcityca.gov Cox Account #: 108152501 nid 141w s,e y'Y Service Description Prev QTY New QTY Unit Price Term (Months) Service Charges Monthly Recurring One Time Activation & Setup Fees Cox Optical Internet 50 Mbps 1 1,300.00 60 1,300.00 0.00 Additional Features 0.00 0.00 0.00 Cox Optical - Additional Internet 100 Mbps 1 2,200.00 60 2,200.00 0.00 Features 0.00 0.00 0.00 Totals: 3,500.00 0.00 Description Quantity Unit Price 1 Total Fee For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Services). By initialing Customer represents that at least 10% of the traffic on the designated circuit(s) is Inter -State in nature here and signing or is Internet below, traffic. 'R... y signing t is greement, you represent t at you are t e authorized Customer representative and the information above is true an correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications San Diego, LLC, d/b/a Cox Business; Cox California Telcom, LLC Signature: Print: Signature: Title Position: Print: Title Position: Date: Date: 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 terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http ://ww2.cox.com/business/voice/regulatorv.cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR 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 begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER. THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. 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 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. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP, 7. E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms From time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. co Business' Amendment to Commercial Services Agreement 09/08/2014 Cox Account Rep: David Horowitz Cox System Address: Phone Number: 619-269-2416 5159 Federal Blvd Fax Number: San Diego, CA 92105 tiois, d ega ompany Name: ity of National ity Full Name: Ron Williams treet Address: multiple - see attachment Billing Contact: ity/State/Zip: Fax: Billing Address: 1243 NATIONAL CITY BLVD Contact Number: 619-336-4240 City/State/Zip: NATIONAL CITY, CA - 91950 Email Address: rwilliams©nationalcityca.gov Cox Account #: 114229901 (and others) i y�•F F �L �"T�Pv .r'"a ?'Y y t+�ry�'��, k L§ i k tL fi _ / fy T 9� Service Description Prev New Unit Term Service Charges QTY QTY Price (Months) Monthly Recurring One Time Activation & Setup Fees Cox Business Advanced TV 13 15.00 60 195.00 0.00 Totals: 195.00 0.00 Description Quantity Unit Price TotalFee sc �,•is .- Bu6y� �y For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Services). By initialing here and signing below, Customer represents that at least 10% of the traffic on the designated circuit(s) is Inter -State In nature or is Internet traffic. By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications Telcom, LLC San Diego, LLC, d/b/a Cox Business; Cox California Signature: Signatur Print: Print: U1iA Title Position: Title Position: �ti1 E"urTl� Date: Date: l4. I z 1 1 t-1 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 terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http ://ww2.cox.com/business/voice/regulatory.cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR IAD INSTALLED IN YOUR BUSINESS 15 MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. 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 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 clue and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. cox.Busness' Amendment to Commercial Services Agreement 09108R014 ox Account Rep: David Horowitz Cox System Address: Phone Number: 619-269-2416 5159 Federal Blvd Fax Number: San Diego, CA 92105 a ego ompany Name: u z '' S* f*4'a�'.+to-, "^S lea.. +; y� A{�L�Rii r1t`bt�►�ii�r".7Ctt�l�in��tl♦�� ':a El' City o National City Full Name: Ron Williams Street Address: 1415 D AVE, OFC Billing Contact: City/State/Zip: NATIONAL CITY, CA - 91950 Fax: Billing Address: 1243 NATIONAL CITY BLVD Contact Number: 619-336-4373 City/State/Zip: NATIONAL CITY, CA - 91950 Email Address: rwilliams@nationalcityca.gov Cox Account #: .: :-'.-...5"'+f.`,`?p' x ..'§£dt �� �.,. ,�'owaklTw Nt�ti�RiWY�Y,�ii.w'^ rl^'e ��xi •. '=r`� c4�' Y 1>s�'�-v. >�f%,'' Service Description Prev QTY New QTY Unit Price Term (Months) Service Charges Monthly Recurring One Time Activation & Setup Fees CBI 25-25Mbps x 5Mbps 1 174.00 60 174.00 0.00 - Additional Features 0.00 0.00 0.00 Totals: 174.00 0.00 !}t yr'O.�—"tratali• _`"'� � x '�� � �C Description .m�.xCt Quantity Unit Price Total Fee .l<1kfk i i itifi#iitridritr « 1 x' 'ua For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Services). By initialing here and signing below, Customer represents that at least 10% of the traffic on the designated circuit(s) is Inter -State in nature or is Internet traffic. ;y signing this Agreement, you represent that you are the authorized Customer representative and the information above is true an correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the ALP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications San Diego, LLC, d/b/a Cox Business; Cox California Telcom, LLC Signature: Signature: Print: Print: Title Position: Title Position: '0�` Date: Date: t31TT�p 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 terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http ://ww2.cox.com/business/voice/regulatorv.cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR I5 DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR 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 begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. 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 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. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. (Page 12 of 24)'. DEPARTMENTS EXHIBIT C NUMBER OF DROPS LOCATIONS Community Services Library (1) (4) MLK Conference Room Brenda's Office MLK — Large Conference Room Server Room — TV/VCR connected to use Channel 25 (Closed Circuit Literacy Meeting Room Administration Meeting Room Staff Lounge agazine Reading Area — Large Plasma Screen on CNN with Closed Captio arge Conf. Room — Connected to AV Equipment Finance L finance Dept. Kitchen Police Dept. ICity Manager (7) (0) ine-up Room Gym Lobby Community Services Community Room nvestigations Dispatch omeland Security Chiefs office sst. Chiefs office xecutive Lt. Office Cafeteria Officer's Lounge atch Commander's office City Manager's Office (Page 13 of 24) Mayor/Council (1) One cable drop per office (6) Redevelopment 1 (0) Brad's office cox.Busness* October21, 2014 To Whom It May Concern, 1 certify, as an Officer of Cox Communications California LLC, a Delaware limited liability company, that Ms. Jodi Duva, Director of Sales, is authorized to sign the contracts and service agreements herein between Cox and the City of National City. Sincerely, Larry Coval Cox Business Vice President RESOLUTION NO. 2014 — 135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT WITH COXCOM, INC., EXTENDING THE TERMS TO LEASE VIDEO AND DATA SERVICES FOR 60 MONTHS IN THE ANNUAL NOT TO EXCEED AMOUNT OF $48,840 WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-98, approving a 36-month Lease Agreement between the City of National City and CoxCom, Inc., to lease a 60MB Data Circuit in the annual amount of $43,200; and WHEREAS, on October 19, 2010, the City Council adopted Resolution No. 2010- 237, approving the First Amendment to the Lease Agreement to extend the term for a period of five years from Oct 19, 2010 to October 19, 2015, expand the scope of services, reduce the monthly service charge for the data circuit, and establishing a fee for the video service; and WHEREAS, the First Amendment also amended the Lease Agreement to bring the City into compliance with DIVCA requirements; and WHEREAS, the increased usage of public wireless at the National City Public Library, and other City facilities, has increased the demand for network bandwidth beyond the current 60MB circuit; and WHEREAS, the City and CoxCom, Inc., desire to amend the Lease Agreement for the annual not -to -exceed amount of $48,840 to increase the City's Internet circuit's bandwidth from 60MB to 100MB, add an additional 50MB Internet circuit solely for public computers and public wireless access, and extend the term of the Lease Agreement for 60 months. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the Second Amendment to the Lease Agreement with CoxCom, Inc., for the annual not -to -exceed amount of $48,840 to increase the City's Internet circuit's bandwidth from 60MB to 100MB, add an additional 50MB internet circuit solely for public computers and public wireless access, and extend the term of the Lease Agreement for 60 months. Said Second Amendment to the Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of October, 2 14. ATTEST: A Mic ael R. Dalla, ity Clerk on Morrison, Mayor PROVED AS laudia Gacitua Si City Attorney Passed and adopted by the Council of the City of National City, California, on October 7, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City C rk of the ity of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-135 of the City of National City, California, passed and adopted by the Council of said City on October 7, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 10-07-2014 AGENDA ITEM NO. 5 .I-EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the agreement with Coxcom, Inc. extending the terms to lease video and data services for 60 months in the annual not -to -exceed amount of $48,840. PREPARED BY: Ron Williams DEPARTMENT: ervices PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The current agreement between National City and Coxcom Inc. provides for cable video services and a 65MB internet data circuit through October 19, 2015. The increased usage of public wireless at the National City library, and other city facilities, has increased the demand for network bandwidth beyond the current 65MB circuit. During peak times of high network utilization, this causes noticeable network slowness across the City's internal network, and the public wireless network. This is particularly noticeable when utilizing web -based applications on the Internet, and can result in decreased staff productivity. The proposed solution would increase the City's Internet circuit's bandwidth from 65MB to 100MB and add an additional 50MB internet circuit solely for public computers and public wireless access. This would provide sufficient bandwidth for both the City's internal network and public wireless egress points to the Internet, resulting in a noticeable reduction in network slowness. Staff recommends -xecuting second amendment with Coxcom, Inc. for a 60 month term. FINANCIAL STATEMENT: ACCOUNT NO. 631-403-082-248-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: ;, Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ontract Amendment SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COXCOM, INC. THIS SECOND AMENDMENT TO AGREEMENT (this "Amendment") is made as of the 7th day of October, 2014 (the "Effective Date") by and between THE CITY OF NATIONAL CITY, a municipal corporation (the "City") and COXCOM, INC.; COX CALIFORNIA TELCOM, LLC, a corporation ("Cox"). RECITALS A. Cox and the City entered into that certain Agreement dated June 3, 2008 (the "Agreement") for the provision of commercial Internet services (the "Services") to City for the purposes set forth in that certain Resolution No. 2008-98 (the "Resolution"), which is attached hereto as Exhibit "A" and made a part hereof, and B. Cox and the City entered into a First Amendment dated October 19, 2010 (the "Agreement"), to extend the term for a period of five years from Oct 19, 2010 to October 19, 2015, expanding the scope of services, reducing the monthly service charge for the data circuit, and establishing a fee for the video services set forth in that certain Resolution No. 2010-237 (the "Resolution"), which is attached hereto as Exhibit "B" and made a part hereof, and C. Cox and the City desire to amend and modify certain terms and conditions of the Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Cox and the City hereby agree as follows: 1. Definitions. Any capitalized terms used in this Amendment not otherwise defined herein shall have the meaning ascribed to such term as set forth in the Agreement. 2. Amendments. a. Cox and the City hereby agree to extend the term of the Agreement for a period of five (5) years upon the same terms and conditions as set forth in the Agreement, and said extended term (the "Extended Term") shall commence upon the Effective Date of this Amendment and shall expire on October 19, 2019. b. Cox and City hereby agree to renew and increase the existing Cox Optical Internet Services ("Cox Optical Internet 60Mbps" to "Cox Optical Internet 100Mbps"), as set forth in Exhibit "C", with a monthly recurring charge October 7, 2014 1 Second Amendment to Agreement City of National City and CoxCom, LLC ("MRC") of $2,200.00, which shall reduce the MRC under the previous Agreement for said services. c. Cox and City hereby agree to add a new Cox Optical Internet Service at 1243 National City Boulevard ("Cox Optical Internet 50Mb"), as set forth in Exhibit "C", with an MRC of$1,300.00 and $0.00 installation fee. d. Cox and City hereby agree to add a new Cox Business Internet ("CBI 25Mb/5Mb") at 1415 D Avenue, National City, CA 91950 (Nutrition Center), as set forth in Exhibit "D", with an MRC of $174.00 and $0.00 installation fee. e. The City shall renew Cox Expanded Basic (Commercial Standard Cable) video service (the "Video Service") for certain locations within the City of National City, as set forth in Exhibit "E", with an MRC of $15.00 per outlet. Video Service shall be subject to the same terms and conditions as set forth in the Agreement, except as otherwise set forth herein. Cox shall provide thirteen (13) CATV video outlets for the distribution of the Video Service at the addresses set forth on Exhibit "F" (the "City Locations"), which is attached hereto and made a part hereof. Except where applicable law requires a different channel line-up, the Video Service shall consist of Cox standard channel line-up and video programming channels and video signals for the applicable Service Area as listed in Exhibit "G", which is attached hereto and made a part hereof. The video signals and channel line-up may be modified from time -to -time by Cox in its sole discretion. The City acknowledges and agrees that (i) the programming and information contained in the Video Service may not be changed or altered by the City or its agents; (ii) because Cox makes use of certain programming owned by others in providing the Video Service, Cox is not guaranteeing the provision or future availability of any particular program or channel, and the City will make no claims nor undertake any legal action against any person or entity, including Cox's programmers or vendors, if certain programming is interrupted, discontinued or substituted. Cox may change video service prices periodically during the Extended Term (or any renewal term) of the Agreement upon thirty (30) days prior written notice. The City shall have no claim against Cox if any video channel is modified or deleted by any programmer supplying such content to Cox. Cox may restrict the display of certain programming or video Services to certain areas at or within the City Locations. If the City engages in a public performance of any copyrighted material contained in the Video Service provided under this Agreement, the City, and not Cox, shall be responsible for obtaining any public performing licenses. f. In the event that, during the Extended Term (or any renewal term) of the Agreement, Cox begins to transition certain channels in the standard channel lineup from an analog transmission to a digital transmission, in order to continue receiving such channels which were formally delivered by analog transmission, the City will need to rent from Cox either a digital receiver for each video outlet or digital insertion equipment. If digital insertion equipment is required, Cox will charge the City an installation fee. Title to the digital receiver and the digital insertion equipment and all other equipment provided to the City by Cox will October 7, 2014 2 Second Amendment to Agreement City of National City and CoxCom, LLC g• remain with Cox at all times. In order to receive the Video Service, the City must have the necessary equipment to receive the Video Service (e.g. TVs) and, at all times during the Extended Term (or any renewal term) of the Agreement, the City is responsible for ensuring that such equipment is compatible with the Video Service. For example, if Cox provides the City with an encrypted signal for the Video Service, the City must have equipment with decryption capabilities that are satisfactory to Cox. The City gives Cox the right and license during the Extended Term (or any renewal term) of the Agreement to enter the City Locations during reasonable hours to install, connect, disconnect, transfer, inspect, improve, maintain, service, repair, remove and/or replace any portion of the equipment used to provide the Video Service, and to do all other things necessary to ensure its continued operation. Upon expiration of the Extended Term (or any renewal term) or earlier termination of the Video Service in accordance with the Agreement, Cox shall have the right to enter the City Locations and remove its equipment, subject to the provisions set forth herein. The parties agree to reasonably cooperate fully and promptly with each other during the Extended Term (or any renewal term) of the Agreement. h. For technical reasons, Cox may have to provide signal feeds for several premium movie channels (e.g. HBO, Cinemax, Starz, Encore, Showtime), up to the Demarcation Point for the City Locations. For purposes of the Agreement, the "Demarcation Point" shall be the final coaxial cable connection that hands off video feeds to the City's internal wiring system. The City is responsible for all equipment and wiring past the Demarcation Point. If the City contacts Cox regarding a service problem and Cox confirms that Cox has been providing a signal to the Demarcation Point and that all Cox provided equipment is functioning correctly, the City shall be responsible for paying Cox's standard service call fee. For the avoidance of doubt, past the Demarcation Point, The City is only authorized to receive the signal for the channel(s) that is specifically listed on Exhibit G to this Amendment, even if Cox provides signals for several channels up to the Demarcation Point. If the City receives or attempts to receive a signal for a premium movie channel or any channel past the Demarcation Point and such channel is not listed above, this shall be a material breach of this Agreement by the City and Cox reserves the right to immediately terminate the Video Service and/or require that the City immediately pay all applicable early termination fees and/or require that the City pay Cox the standard fee Cox would have charged the City had the City contracted with Cox to receive the signal as of the date Cox first provided the Video Service to the City under the Agreement. The City shall indemnify, defend and hold Cox, its parents and affiliates, harmless from any claims arising from the City's unauthorized use of any channel. Cox reserves the right to audit the City Locations from time to time during the Extended Term (or any renewal term) to determine if the City is receiving any signals for any channels that the City is unauthorized to receive. October 7, 2014 3 Second Amendment to Agreement City of National City and CoxCom, LLC The City agrees not to add or attempt to add additional video outlets using the video signal feed provided by Cox, without Cox's consent. The City is responsible for the costs of all additional video outlets that receive the video signal feed provided by Cox. The City must notify Cox of any additional video outlets that receive the Cox video feed during the Extended Term (or any renewal term) of the Agreement. 3. Except as contained herein, the terms of the Agreement remain in full force and effect, however, in the event of any inconsistency between the terms and provisions of this Amendment and the other terms and provisions of the Agreement, the terms and provisions of this Amendment shall be controlling for all purposes and in all respects. 4. This Amendment may be executed by facsimile and in counterparts, and an executed facsimile copy of this Amendment shall be deemed to be an original for all purposes. IN WITNESS WHEREOF, Cox and City have caused this Amendment to be executed as of the Effective Date CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney October 7, 2014 COXCOM, INC.; COX CALIFORNIA TELCOM, L.L.0 (Corporation — signatures of two corporate officers required) (Partnership — one signature) By: (Name) (Print) (Title) By: (Name) (Print) (Title) 4 Second Amendment to Agreement City of National City and CoxCom, LLC (Page 25 of 28) EXHIBIT A RESOLUTION NO. 2008 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVER OF THE BIDDING PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE A 36-MONTH LEASE AGREEMENT WITH COX COMMUNICATIONS, INC. TO LEASE A 60MB DATA CIRCUIT IN THE ANNUAL AMOUNT OF $43,200 WHEREAS, the City currently leases a 10MB circuit and a 1.5MB circuit from AT&T at a cost of $30,840 annually; and WHEREAS, the 10MB circuit is dedicated for library use only, leaving the 1.5MB circuit for the remaining City Internet traffic and WHEREAS, the City's current bandwidth for Internet purposes is not adequate to support the types of network traffic that will be generated by the City's new website; and WHEREAS, staff recommends leasing a 60MB data circuit in the annual amount of $43,200 from Cox Communications, Inc. (Cox) because Cox owns local Fiber infrastructure throughout National City, their pricing is competitive within the industry, and no further purpose would be served by issuing a formal bid; and WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE. BE IT RESOLVED that the City Council finds that special circumstances exist, and authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a 36-month Lease Agreement with Cox Communications, Inc. for a 60MB Data Circuit In the annual amount of $43,200. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of June, 2008. ATTEST: Mi. ael R. Della, C y Clerk APPROVED AS TO FORM: /° ',1/_ George H. Eiser, III City Attorney Ron Morrison, Mayo (Page 26 of 28) EXHIBIT A Passed and adopted by the Council of the City of National City, California, on June 3, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Zarate. Nays: None. Absent: Councilmembers Natividad, Ungab. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 1)4 City Ierk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-98 of the City of National City, California, passed and adopted by the Council of said City on June 3, 2008. City Clerk of the City of National City, California By: Deputy (Page 28 of 28) EXHIBIT A City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 18, 2008 Mr. Richard Gonzalez CoxCom, Inc. 5159 Federal Blvd. San Diego, CA 92105 Dear Mr. Gonzalez, On June 3'1, 2008, Resolution No. 2008-98 was passed and adopted by the City Council of the City of National City, authorizing execution of a lease agreement with Cox Communications, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Michael R. Della, CMC City Clerk Enclosures cc: MIS Dept. Mark F. Padilla, Cox Communications ® Recycled Paper wage z. OS Z4) EXHIBIT B RESOLUTION NO. 2010 — 237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH COXCOM, INC., FOR THE LEASE OF VIDEO AND DATA SERVICES IN THE ANNUAL NOT TO EXCEED AMOUNT OF $39,000 WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-98, approving a 36-month Lease Agreement between the City of National City and CoxCom, Inc., to lease a 60mb Data Circuit in the annual amount of $43,200; and WHEREAS, the State of California Digital Infrastructure and Video Competition Act (DIVCA) now requires payment for cable services previously provided free of charge under the National City Franchise Agreement with Coxcom, Inc.; and WHEREAS, the City and CoxCom, Inc., desire to amend the Lease Agreement by extending the term for a period of five years from Oct 19, 2010 to October 19, 2015, expanding the scope of services, reducing the monthly service charge for the data circuit, and establishing a fee for the video service; and WHEREAS, this First Amendment amends the Lease Agreement to bring the City into compliance with DIVCA requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendment to the Agreement with CoxCom, Inc., to extend the term for a period of five years, expiring on October 19, 2015, for the lease of video and data services in the annual not to exceed amount of $39,000, and to bring the Lease Agreement into compliance with the requirements of the State of California Digital Infrastructure and Video Competition Act. Said First Amendment to the Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of October _ ' 10. ATTEST: eel R. Dalla!City Clerk OVE AST Ii. J i/Jre1:A .�1+ � r ,� City �+7ty Attorney G. Sil I, FORM: Morrison, Ma i (Page 22 of 24) EXHIBIT B Passed and adopted by the Council of the City of National City, California, on October 19, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4,,zei 4,, City Cler of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-237 of the City of National City, Califomia, passed and adopted by the Council of said City on October 19, 2010. City Clerk of the City of National City, California By: Deputy (Page 24 of 24) EXHIBIT B GA,LIEQ. aroks ;NCORPoRATEt3 October 21, 2010 Mr. Richard Gonzalez CoxCom, Inc. 5159 Federal Blvd. San Diego, CA 92105 OFFICE OF THE CITY CLERK 1243 National City Blvd, National City, Califomia 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax Dear Mr. Gonzalez, On October 19th, 2010, Resolution No. 2010-237 was passed and adopted by the City Council of the City of National City authorizing execution of the First Amendment to the Agreement with CoxCom, Inc. We are forwarding for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, Esther B. Clemente Deputy City Clerk Enclosures cc: MIS Dept. i 0.00 0.00 0.00 CO Business EXHIBIT C Amendment to Commercial Services Agreement 09(0S/2014 Cox Account Rep: David Horowitz Phone Number: 19-269-2416 Cox System Address: 5159 Federal Blvd Fax Number: Lego ompany Name: y of National City an Diego, CA 92105 Full Name: Ron Williams Street Address: City/State/Zip: Billing Address: City/ State/ Zip: Cox Account #: 1243 NATIONAL CITY BLVD NATIONAL CITY, CA - 91950 1243 NATIONAL CITY BLVD NATIONAL CITY, CA - 91950 108152501 Billing Contact: Fax: Contact Number: Email Address: 619-336-4240 rwilliams@nationalcityca.gov QTY QTY Price (Months) Service Charges Monthly One Time Activation & Recurring Setup Fees Cox Optical Internet 50 Mbps - Additional Features Cox Optical Internet 100 Mbps - Additional Features Totals: Descri ption Quantity 1,300.00 0.00 2,200.00 0.00 60 60 Unit Price 1.300.00 0.00 0.00 0.00 2,200.00 0.00 3,500.00 For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Services). By Initialing here and signing below, Customer represents that at least 10% of the traffic on the designated circuit(s) is Inter -State in nature or is Internet traffic. Total Fee By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications San Diego, LLC, d/ b/ a Cox Business; Cox California Telcom, LLC Signature: Print: Signature: Print: Title Position: Date: Title Position: Date: This "Agreement" includes the terms and conditions (i) on the previou (thIBTPement Customer shall pay Cox all monthly recurring charges ("MRCs") or, if in the Cox Business e-commerce environment, as selected above e and all non -recurring charges ("NRCs"), if any, by the due date on th "Cover Page"); (ii) on this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2_cox.com/aboutus/policies/business-general-terms.cox (the "General Terms"). 1. Tariffs/ Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http ://ww2.Cox.corn/business/voice/reoulatory.cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE, COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR IAD INSTALLED IN YOUR BUSINESS 15 MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. 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 Agreement and will be obligated to pay the termination fee described abo If applicable to the Service, Customer shall pay sales, use, gross recei and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. [-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. B. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTO' ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT Lit LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. co Business' EXHIBIT D Amendment to Commercial Services Agreement 09/082014 Cox Account Rep: David Horowitz Cox System Address: Phone Number: 19-269-2416 5159 Federal Blvd Fax Number: San Diego, CA 92105 ega ompany Name: ity National ity Street Address: City/ State/ Zip: 1415 D AVE, OFC NATIONAL CITY, CA - 91950 Billing Address: City/ State/ Zip: rCox Account #: 1243 NATIONAL CITY BLVD NATIONAL CITY, CA - 91950 Service Description CBI 25-25Mbps x 5Mbps - Additional Features Totals: Description Prev QTY Full Name: Billing Contact: Ron Williams Contact Number: 619-336-4373 Email Address: Quantity Unit Price 174.00 0.00 Monthly Recurring 174.00 174.00 rwilliams@nationalcityca.gov Term (Months) Unit Price For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Services). By initialing here and signing below, Customer represents that at least 10% of the traffic on the designated circuit(s) is Inter -State in nature or is Internet traffic. Service Charges One Time Activation & Setup Fees Total Fee 0.00 0.00 0.00 By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications San Diego, LLC, d/ b/ a Cox Business; Cox California Telcom, LLC Signature: Signature: Print: Print: Title Position: Title Position: Date: Date: This "Agreement" includes the terms and conditions (i) on the previouertilBriPlament Customer shall pay Cox all monthly recurring charges s ("MRC ") or, if in the Cox Business e-commerce environment, as selected above t e and all non -recurring charges ("NRCs"), if any, by the due date on the "Cover Page"); (ii) on this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/pollties/business-general-terms.cox (the "General Terms"). 1. Tariffs/ Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http ://ww2.cox,com/business/voice/regulatorv.cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE, IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR 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 begin upon Installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. 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 tl Agreement and will be obligated to pay the termination fee described abov If applicable to the Service, Customer shall pay sales, use, gross receip' and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7, E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMF- ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO I BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. cox. Business* Cox Account Rep: Phone Number: Fax Number: David Horowitz 619-269-2416 Lega ompa ny ity of National City Name: EXHIBIT E Amendment to Commercial Services Agreement Cox System Address: 5159 Federal Blvd San Diego, CA 92105 treet Address: multiple -see attachment Full Name: Billing Contact: ity/State/ Zip: Fax: Billing Address: 243 NATIONAL CITY BLVD ity/ State/ Zi p : NATIONAL CITY, CA - 91950 ox Account #: 114229901 (and others) Service Description Cox Business Advanced TV Totals: Description Contact Number: Email Address: Prev New QTY QTY 13 Quantity Unit Price 15.00 09/08/2014 on Williams 19-336-4240 rwilliams©nationalcityca.gov Term (Months) 60 Unit Price Service Charges Monthly I One Time Activation & Recurring Setup Fees 195.00 195.00 For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Services). By initialing here and signing below, Customer represents that at least 10% of the traffic on the designated circuit(s) is Inter -State in nature or is Internet traffic. 0.00 0.00 Total Fee By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Signature: Print: Cox Communications San Diego, LLC, d/b/a Cox Business; Cox California Telcom, LLC Signature: Title Position: Date: Print: Title Position: Date: This "Agreement" includes the terms and conditions (i) on the previou eMell or, if in the Cox Business e-commerce environment, as selected above (the. "Cover Page"); (ii) on this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.tom/aboutus/policies/business-general-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http ://ww2.cox com/business/voice/regulatory.cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR 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 begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. BTPEyment 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 thy= Agreement and will be obligated to pay the termination fee described abov If applicable to the Service, Customer shall pay sales, use, gross receip and excise taxes, access fees and all other fees, universal service fu,... assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. EXHIBIT F Department/Division Number of Drops Locations MIS 1 Basement Staff Lounge Community Services 1 MLK Conference Room Library 2 Magazine Reading Area Staff Lounge Finance 1 Finance Staff Lounge Police 6 Chief's Office Lobby Line-up Room Dispatch Admin Capt's Office Ops Capt's Office Senior Center 1 Common Area Mayor/Council 1 Mayor/Council Area Total 13 COysine5s Cox Business TV A complete channel guide San Diego South Area Effective March 2014 4 4San Diego 5 KSWB-Fox 6 XETV-CW 7 KNSD-NBC 8 OMB- CBS 9 KUSI 10 KGTV-ABC 11 KPBS-PBS 12 XEWT-Telev!sa 13 XDTV-My TV 13, 15 Azteca America 16 ITV( Palomar College' 17 KBNT- Univ'6sicn 20 XHAS - Telemundo• 21 C-SPAN' 22 The WeatherChennel 23 Public Access) California Channel' 24 Government Access" 25 OVC 26 WGN 27 HSN 95 Paid Programming. 96 10N TV" 112 NGN' 114 UT -TV' 118 (-SPAN' 119 C-SPAN2' 120 C-SPAN3' 125 Paid Programming• 126 WizeBuys' 129 KBEH' 135 UCSD• 196 Liquidation` 197 Cornerstone TV" 198 leased Access" 405 Myx' 807 MD CoziN' 808 !MAD -Me -TV' 810 KGTV- News Channe110' 811 KPBS V-Me' 813 KSWB-Antenna TV' 814 KSWB-1 his TV' 815 KGTV Live -Well Network' Business TV Starter HD• 1004 4San Diego HD '005 KSWB -Fox HO 1006 XETV-CW HD 1007 KNSD- NBCHD 1008 KFMB-CBSHD 1009 KUSIHD 1010 KGTV - ABC HD 10'1 KPBS - PBS HD 10'7 KBNT-Univision HD 1022 the Weather Channel HD 1026 WGNHD 1136 KDTF-UnlmasHD Business TV Expanded (Requires Business N Starter.) 2 USA 3 ESPN 19 ABCFamI1y 28 ESPN2 29 Fox Sports West 30 MIV 31 CNN 32 HLN 33 TBS 34 TNT 35 0 scovery Channel 36 TLC Business TV Expanded HD` 1002 USA HD 1003 ESPN HD 1019 A0CFamily HD 1028 ESPN2 HD 1029 Fox Sports West HD 1030 MTV HD 1031 CNN HD 1032 HLN HD 1033 TBS HO 1034 TNT HD 1035 Dscovery HD 1036 TLC HD 37 Fox News 38 Lifetime 39 MSNBC 40 BET 41 A8E 42 Bravo 43 FX 44 TruTV 45 Spike TV 46 VH1 47 Nickelodeon 48 Comedy Central 49 El 50 Cartoon Network 51 Golf Channel 52 Disney Channel 53 NCR/ 54 Animal Planet 55 History Channel 56 Fox Sports San Diego 57 AMC 58 Turner Classic Movies 59 TV land 60 Travel Channel 61 CMT 62 Food Network 63 SyFy 64 Galavision 65 NBC Sports Network 66 CNBC 67 Fox Sports l' 68 Fox Deputes San Diego' 69 Univision Deportes' 7D National Geographic• 71 TWCSportsNet• 72 TWC Deportes' 73 MoviePlex• 74 Hallmark Channel• 75 Hallmark Movie Channel' 76 6SN' 77 FXX' 78 XHDN-Hondo Fox' 79 Fox Business' 94 She]pHO' 1037 Fox News HD 1038 Lifetime HD 1039 MSNB0HD 1040 BET HO 1041 AU HD 1042 Bravo HD 1043 FXHD 1044 TruTV ND 1045 Spike TV HD 1046 CNBC HD 1047 V111 HD 1048 Comedy Central HD 1049 El HD 1050 Cartoon Network HD 1051 Golf Channel HD 1052 Disney Channel HD 1053 HDTV HD 1054 Anlmar Planet HD 1055 History Channel HD 1056 Fox Sports San Diego HD 1057 AMC HD 1058 Turner Classic Movies HD 1060 Dave'. Channel HD 1061 CM1HD 1062 Food Network HD 1063 SyFy HD 1064 Galavision HD 1065 NBC Sports Network HD 1066 CNBC HD 1067 Fox Sports HD 1069 Univision Deportes HO 1070 NationalGeographic HD 1071 TWCSportsNet HD 1074 Hallmark Channel HD 1075 Hallmark Movie Channel HD 1077 FXX HD 1079 Fox Business HD 1701 NBC Sports Extra Lme 1' 1702 NBC Sports Extra Time 2* 1703 NBC Sports Extra lime 3' 1704 NBC Sports Extra Ti me 4' 1705 NBC Sports Extra Time S' '706 NBC Sports Extra Time 6* 1707 NBC Sports Extra Time 7' 1732 Palladia HD 1735 Velocity HD 1785 Universal HD • • EXHIBIT G Business TV channel lineup San Diego South Area Effective March 2014 Business Advanced TV - Music Choice' (Requires Business TV Starter and Advanced TV equipment.) 901 Mt List 902 Pop Rhythmic 903 Dance, EDM 904 MCU 905 Hip -Hop and R&8 906 Rap 907 Hip -Hop Classics 908 Throwback Am? 909 RBB Classics 910 R&B Soul 911 Gospel 912 Reggae 913 Rork 914 Metal 915 Alternative 916 AduItAlterna6ve 917 Rock Has 918 Classic Rock 919 Soft Rock 920 Love Songs Business Advanced TV - Music Choice HD' 1901 1902 1903 1904 1905 1906 1907 1908 1909 1910 Hit List Pop Rhythmic Dance, EDM M CU Hip -Hop and R&B Rap Hip Hop Classics Throwback Jamz R&B Classics R&BSoul 1911 1912 1913 1914 1915 1916 1917 191E 1919 1920 Gospel Reggae Ruck Metal Alternative AdultAlterntive Rock Fits Classic Rock Soft Rock Love Songs 921 Pop Hits 922 Party Favorites 923 Teen MC 924 Kldz Only 925 Toddler Tunes 926 Y2K 927 90's 928 80's 929 70's 930 Solid Gold Oldies 931 Pop Country 932 Today's Country 933 Country Hits 934 Classic Country 935 Contemporary Christian 936 Pop Latino 937 Musics Urbana 938 Mexican 939 Tropicales 940 Romances 941 Sounds of The Seasons 942 Stage&Screen 943 Soundscapes 944 Smoot Jazz 945 Jaze 946 Blues 947 Singers & Swing 94B Easy Listening 949 Classical Masterpieces 950 Light Classical 1921 Pop Hits 1922 Party Favorites 1923 Teen MC '924 Kidz Only 1925 Toddler Tunes 1926 Y2K 1927 90's 1928 BO's 1929 70's 1930 Solid Gold Oldies 1931 Pop Country 1932 Today's Country 1933 Country Hits 1934 Classic Country 1935 Contemporary Christian 1936 Pop Latino 1937 Musica Urbana 1938 Mexicana 1939 Tropicales 1940 Romances 1941 SoundsofThe Seasons 1942 Stage& Screen 1943 Soundscapes 1944 Smooth Jazz 1945 Jazz 1946 Blues 1947 Singers&swing 1948 Easy Listening 1949 Classical Masterpieces 1950 Light Classical J Business Advanced TV - Faith & Values Pak' (No extra charge with Business IV Starter butrequires Advanced TV equipment ) 150 DU TV 151 EWTN 152 Daystar 154 T8N Business Advanced TV - Bonus Pak' (Req wires Business TV Starter and Expanded net Requiressu bscription to Sports Slate Fak, Variety Pak or Sports Pak 2 and Advanced TV egJiament) 101 Hub 102 Science Channel 103 Destination America 104 Investigation Discovery Business Advanced TV - Bonus Pak HD 1102 Science Channel HD 1103 Destination America HD 105 American Heroes Channel 106 OWN 104 NickJr. 330 MLB Network 1104 Investigation Discovery HD 1106 OWN HD 1330 MLB Network HD Business Advanced TV - Sports & Info Pak' (Regc,res BusinessTV Starter, Expanded tier and includes Bums Pak & Faith &Values Pak. Requires Advanced TVequpment.) 313 8TN 314 PAC-12 Network 315 Fox Sports 318 Bloomberg Television 319 Weatherscan San Diego Business Advanced TV 1320 Tennis Channel HD 1321 CBS Sports Network HD 1322 ESPNUHD 320 Tennis Channel 321 CBSSports Network 322 ESPNU 323 ESPNews 324 ESPN Classic - Sports & Info Pak HD 1330 1331 1332 MLB Network HD NBATV HD NFL Network HD 325 ESPN Deportes 327 Discovery Fit& Health 328 HRTV 329 TVG 330 MLB Network 331 NBATV 332 NFL Network 333 NHL Network 360 FYI 361 H2 363 DIY 376 ESPN Goal LinelBuner Beater" 418 Fox Departos 448 belN Sports 1333 NHL Network HD 1360 FYI HD 1448 beIN Sports HD l Business Advanced TV - Sports Pak 2' (Requires Business TV Startot Expanded tierand iocludes Bonus Pak Faith &Valdes Pak RequiresAouenced kV equipment) 380 Universal Sports Network 381 World Fishing Network 382 Outside TV Business Advanced TV 1380 Universal Sports Network HD 1381 World Fishing Network HD 383 Sportsman Channel 384 MLB Network 385 MLB StrikeZone - Sports Pak 2 HD 1382 Outside TV HD 1383 Sportsman Channel HD 386 NFL RedZone 387 NEL Network 388 Cox Sports TV 39, Fox College Sports Pacific 392 Fox College Sports Central 393 Fox College Sports Atlantic 1384 MLB Network HD 1386 NFL RedZone HD 1385 MLBStrlkeZone HD 1387 NFL Network HD 1 EXHIBIT G Business TV channel lineup San Diego South Area Effective March 2014 Business Advanced TV - Variety Pak' (Requires Business TV Starter, Expanded tier and includes Bonus Pak and Faith &Values Pak. Requires Advanced TV equipment,( 335 mun2 336 Chiller 337 WEly 338 Oxygen 339 TV One 340 Centric 341 Logo 343 El Rey Network 344 Encore Family 345 BBC America 347 DisneyXD 348 PBS Kids Sprout 349 Nlcktoons 350 Teen Nick 351 CMT Pure Country 352 Fuse 353 VH1 Soul 354 VH1 Cassit 355 MTVJams 356 MTV Hits 357 MTV2 358 MTVU 359 MTV Os 362 Fusion 368 Esquire Network 3/0 Boomerang 371 Nal Geo Wild 373 Cooking Channel 374 CAC 900 MC PLAY Business Advanced TV - Variety Pak HD 1337 WE TV HD ` 1345 BBC America HD 1347 Disney XD HD 1371 Nat Geo Wild HD Business Advanced TV- Latino PakA (Requires Business TV Starter, Expanded Per and includes Bonus Pak and Faith &Values Pak Requires Advanced TV equipment ) 69 Uravislon Deportes 343 FI Rey Network 406 Fox Deportes San Diego 407 V-Me 40A Unimas 409 ['Canal de las Estrellas 410 Cine Latino 411 De Pelicula Business Advanced TV New 1477 beIN Spores HD en Espanol 412 De Pelicula Clasim 413 Bandamax 414 Telehit 415 Tr3s 417 Col TV 418 Fox Deportes 419 ESPN Deportes 420 CNN en Espanol - Latino Pak HD 421 Discovery en Espano 422 Discovery Familia 425 mun2 426 History en Espanol 427 Rltmoson Latino 428 %HAS- Telemundo 429 EWTNEspanor 430 KBNT- Univision 431 Galavision 432 KZSD-Azteca 433 XEWT-Televise 434 KBEH - CNN Latino 435 Cartoon Network 436 Boomerang 437 Disney XD 438 Nickteons 439 Baby TV 440 CBeeBies 441 Fox Lile 442 Nat Geo Mundo 443 Cine Sony 444 Ciue Estolar 445 Unlvision liNovelas 447 beIN Sports en Espanol Business Subscription Sports Packages & Pay -Per -View' (Requires Business Tv Starter and Advanced TV equipment ) 334 NFLRedZone• 501-503 PPV Events' 601-606 ESPNGame Plan/ F all Court Packages` 611-616 ESPNPPV' 651-660 NBA League Pass/ MLS Direct Kick Packages` 671-684 NHL Centerlce/ MI B Extra Innings Packages' 1651.1659 Team HD' 1 International Premiums (Requires Business TV Starter and Advanced 'TV equipment ) 400 TV Japan 401 The Filipino Channel' 402 GMAPInoy 403 SBTN 404 CTI Thong Tian Channel 450 Arab Radio &Television Network HD Channels& (Requires a subscription to the corresponding core channels- Advanced TV HD equipment required to tune these channels in HD ) 1002 USA HD 1003 ESPN HD 1004 4San Diego HD 1005 KSWB - Fox HD 1006 3ETV-CW HD 1007 KNSD-NBC HD 1008 FMB-CBSHD 1009 PUS- HD 1010 KGTV-ABCHO 1011 KPH -PBS HD 1017 KBNT- Jnivision HD 1019 ABC Family HD 1022 The Weather Channel HD 1026 WON HD 1028 E5PN2 HD 1029 Fox Sports West HD 1030 MTV HD 1031 CNN HD 1032 HLN HD 1033 TBS HD 1034 TNT HO 1035 Discovery HD 1036 TLC HD 1037 Fox News HD 1038 Lifetime HD 1039 MSNBCHD 1040 BETHD 1041 A&E HD 1042 Bravo HD 1043 FXHD 1044 TruTV HD 1045 Spike TVHD 1046 CNBC HD 1047 VH1 HD 1048 Comedy Central HD 1049 E!HD 1050 Cartoon Network HD 1051 Golf Channel HD 1052 Disney Channel HD 1053 HGTV HD 1054 Animal Planet HE 1055 History Channel HD 1056 Fox Spores San Diego rID 1057 AMC HD 1058 Turner Classic Movies HD 1060 Travel Channel HD 1061 CMT HD 1062 Food Network HD 1063 SyFy HD 1064 Galavision HD 1065 NBC Sports Network HD 1066 CNBC HD 1067 Fox Sports 1 HD 1069 Univisian Deportes HD 1070 National Geographic HD 1071 IWC 5portsNet HD 1074 Hallmark Channel HD 1075 Hallmark Movie Charnel HD 1077 FXXHD 1079 Fox Business HD 1102 Science Channel HD 1103 Destination America HD 1104 Investrgation Discovery HD 1106 OWN HD 1136 KOTF -Unims HD 1320 Tennis Channel HD 1321 CBS Sports Network HD 1322 ESPNU HD 1330 MLB Network HD 1331 NBATV HD 1332 NFL Network HD 1333 NHL Network HD 1337 WETVHD 1345 BBC America HD 1347 Disney XDHD 1360 FYI HD 1371 Nat Geo Wild HD 1380 Universal Sports Network HD 1381 World Fishing Network HD 1382 OutsideV HD 1383 Sportsman Channel HD 1384 MLB Network HD 1385 MLB StrikeZone HD 1386 NFL RedLone HD 1387 NFL Network HD 1447 beIN SPORTS HD en Espanol 1448 beIN SPORTS HD 1701 NBC Sports ExtraTime 1°' 1702 NBC Sports Extra Time 2* 1703 NBC Sports Extra Time 3* 1704 NBC Sports ExtraTime 4* 1705 NBC Sports Extra Time 5* 1706 NBC Sports Extra Time 6' 1707 NBC Sports Extra Time 7" 1732 Palladia HD 1735 Velocity HD 1785 Universal HD 1901.1950 Music Choice HD channels Contour HD Channels+ (Requires a subscription to the corresponding tiers of service and requires a Contour receiver ) 1101 Hub HD 1313 BTN HD 1314 PAC-`. 2 Network HD 1315 Outdoor HD 1362 Cooking Channel HD 1363 DIY HD 1376 ESPN Goal Liner Buzzer Beater HD 1900 MCPLAY HD •Digital or HD channel included with service level noted; requires rental of digital receiver or CableCARD'", except TV sets with Clear -GAM digital tuner may receive local broadcast channels without equipment rental. Some digital or HD video channels may be delivered via Switched Digital Video technology requiring en Advanced I V or other receiver with two-way capability, or a device equ ipped with a Cox CableCARD and SDVruning adaptor review those channels. +Contcur' [nannels . If included with you service level, requ he rental of a Contour receiver or CableCARD fora device capable of tuning the channels. • Not available in all areas. 'Part-time/scasona I channel. If you wish to rent a CableCARD in lieu of a digital receiver, you muss obtain the CableCARD f rom Cox. CableCARD is a registered oedema rk of Cable lelevis inn Laboratories, Inc. (Cable Labs)and reused with permission. Installation lees, taxes,1ranch ise tees and other surcharges are additional. All eha noels and chancel pats are subject to Change- Other restrictions may apply. ©2014 Cx*Coin 11C. All rights reserved. CC2850214A RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT WITH COXCOM, INC., EXTENDING THE TERMS TO LEASE VIDEO AND DATA SERVICES FOR 60 MONTHS IN THE ANNUAL NOT TO EXCEED AMOUNT OF $48,840 WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-98, approving a 36-month Lease Agreement between the City of National City and CoxCom, Inc., to lease a 60MB Data Circuit in the annual amount of $43,200; and WHEREAS, on October 19, 2010, the City Council adopted Resolution No. 2010- 237, approving the First Amendment to the Lease Agreement to extend the term for a period of five years from Oct 19, 2010 to October 19, 2015, expand the scope of services, reduce the monthly service charge for the data circuit, and establishing a fee for the video service; and WHEREAS, the First Amendment also amended the Lease Agreement to bring the City into compliance with DIVCA requirements; and WHEREAS, the increased usage of public wireless at the National City Public Library, and other City facilities, has increased the demand for network bandwidth beyond the current 60MB circuit; and WHEREAS, the City and CoxCom, Inc., desire to amend the Lease Agreement for the annual not -to -exceed amount of $48,840 to increase the City's Internet circuit's bandwidth from 60MB to 100MB, add an additional 50MB internet circuit solely for public computers and public wireless access, and extend the term of the Lease Agreement for 60 months. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the Second Amendment to the Lease Agreement with CoxCom, Inc., for the annual not -to -exceed amount of $48,840 to increase the City's internet circuit's bandwidth from 60MB to 100MB, add an additional 50MB Internet circuit solely for public computers and public wireless access, and extend the term of the Lease Agreement for 60 months. Said Second Amendment to the Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney