CITY OF LAGUNA NIGUEL
CITY COuncIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Deputy City Manager
DATE: May 2, 2023
SUBJECT: Authorization of Phase I Funding and Approval of Budget Adjustment for Outdoor Wi-Fi Project
RECOMMENDATION
Staff recommends that the City Council approve a FY 2022-2023 budget adjustment by appropriating $170,000 for Phase I of the Crown Valley Park Outdoor Wi-Fi Project and authorize the allocation of $170,000 from American Rescue Plan Act (ARPA) funds.
BACKGROUND
During the 2021 Strategic Plan Update, the City Council began placing greater emphasis on developing and implementing smart cities solutions. A 'smart city' is a city that uses technology and data to improve various aspects of residents' lives, including infrastructure, services, accessibility, and connectivity through the delivery of efficient and effective technology. Since 2021, the City has implemented several smart cities solutions including, but not limited to, installation of EV-charging stations at city facilities, implementation of a fleet management system, and smart street lighting.
The City's most visited park, Crown Valley Park, is the major hub for recreational Viguel Aquatics Center,
Splashpad, Amphitheater, Multi-purpose Athletic Fields (2), Playground, Active and Passive Seating Areas, and a Trail System.
With thousands of activities/events, and patrons utilizing the park annually, there is an increased need for connectivity throughout the park. Currently, there is very limited outdoor connectivity available throughout the park. In order to address this connectivity issue, staff has proposed increased Wi-Fi capabilities throughout Crown Valley Park, through the delivery of a two-phased capital project.
The development and implementation of smart cities solutions supports Goal 4:
Infrastructure and Technology, of the adopted Strategic Plan.
ANALYSIS
The concept of a project to increase connectivity through the implementation of outdoor Wi-Fi at Crown Valley Park was introduced during the 2023 City Council Brainstorming Workshop and the 2023 Strategic Plan Workshop. Ihis item was introduced as a proposed Capital Improvement Project for the upcoming FY 2023-2024 budget; however, with proper phasing of the project, a first phase can begin being implemented in advance of the busy summer event season at Crown Valley Park, with the Amphitheater and Valley Plaza areas becoming connected in FY 2022-2023.
Phase I of the Project will include creating a private outdoor network, purchase, installation and configuration of private network equipment, electrical work throughout the park to power the associated equipment, and, support and monitoring of the private network. Phase Il of this project, which will expand to a significantly larger portion of Crown Valley Park, will be presented in the FY 2023-2034 Preliminary Capital Improvement Budget. Attachment A illustrates both the Phase I, and Phase II project scope for enhanced Wi-Fi capacity at Crown Valley Park.
The City will utilize a Commercial Services Agreement with its longstanding telecommunications utility provider, Cox Communications, to successfully implement this project, resulting in much needed and requested connectivity at Crown Valley Park (Attachment B).
ALTERNATIVES CONSIDERED
The City Council may elect to not authorize the allocation of $170,000 in ARPA funds for this project; however, there are no additional funds earmarked for Phase I or Phase Il of this smart cities project.
FISCAL REVIEW
Phase I of this Project requires the allocation of $170,000 in ARPA funds.
The future Phase Il of this Project will require an additional $130,000 in ARPA funds to be included in the FY 2023-2024 Capital Project Budget.
LEGAL REVIEW
The City Attorney's Office has reviewed the Commercial Services Agreements.
CONCLUSION
Staff recommends that the City Council approve a FY 2022-2023 budget adjustment by appropriating $170,000 for Phase I of the Crown Valley Park Outdoor Wi-Fi Project and authorize the allocation of $170,000 from American Rescue Plan Act (ARPA) funds.
Jamara SAltonneau Custer 1 Martin
Tamara S. Letourneau Justin J. Martin
City Manager Deputy City Manager
In A~
Trevor Agrelius
Public Works Director/City Engineer Finance Director
Attachments:
A. Phase 1 & Phase II Project Site Scope Illustration
B. COX Commercial Services Agreements
ATTACHMENT A
Phase I and Phase I| Project Site Scope Illustration
Attachment A
Scope Map
Phase 1 Scope
High-Capacity
WiFi
Crown Valey P
Phase 2 Scope
Mid-Capacity
WiFi
Google Eart
ATTACHMENT B
COX Commercial Services Agreements
COX Commercial Services Agreement
3/21/2023
BUSINESS
Cox Account Rep: Olivia Ortiz Cox System Address
Phone Number: 27121 Towne Centre Dr.
(949) 592-9331 Foothill Ranch, CA 92610
Fax Number:
Customer Information TAuthorized Customer Representative Information Legal Company Name: CROWN VALLEY PARK Full Name: Russell Narahara Street Address: 29751 Crown Valley Pkwy Billing Telephone: (949) 362-4300 City/State/Zip: Laguna Niguel, CA 92677 Fax:
Billing Address: 30111 CROWN VALLEY PKWY Contact Number: (949) 632-4313 City/State/Zip: LAGUNA NIGUEL, CA 92677 Email: [email protected] Cox Account #:
From Unit Price Term Monthly Recurring One Time
Service Description
QTY (Months) Service Charges Service Charges
Managed WiFi $90.00 60 $90.00 $0.00
Fiber Backhaul 1 $0.00 60 $0.00 $0.00
WiFi Access Point 15 $50.00 60 $750.00 $0.00
Cox Optical Internet 500 Mbps 1 $1135.05 60 $1135.05 $0.00 IP Address Block - 131(2 Ips) 1 $0.00 60 $0.00 $0.00
IPv4/IPv6 Dual-Stack 1 $0.00 60 $0.00 $0.00
MalBlock Service 0 1 $24.95 36 $24.95 $0.00
Install Fees
WiFi AP Installation 15 $235.00 $0.00 $3525.00
Cox Optical Internet Installation 1 $375.00 36 $0.00 $375.00 $2000.00 $3900.00
The service and equipment charges above, except as explicitly set forth in the Special Conditions section, do not include applicable taxes fees, assessments or surcharges which are additional and may change. Visit http://www.coxbusiness.com/taxesandfees for more information 3/21/2023 1
This Commercial Services Agreement (the "Agreement") includes (i) this paragraph, the language above and Exhibit A (collectively, the "Service Terms"); (ii) the terms and conditions set forth at http://www.coxbusiness.com/generalterms (the "General Terms") and (iii) any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides set forth at http://www.coxbusiness.com/e911 ("SG"), State and Federal regulations, the Cox Acceptable Use Policy (the "AUP"), and Cox's Internet Service Disclosures located at www.cox.com/internetdisclosures. Exhibit A is attached to and incorporated into this Agreement by this reference. Customer acknowledges receipt and acceptance of the Service Terms (including Exhibit A), the AUP, General Terms, and all other referenced terms and conditions by signing this Agreement. By signing this Agreement, Customer accepts that any and all disputes arising out of, relating to or concerning this Agreement and/or the Services shall be resolved through mandatory and binding arbitration unless Customer opts out pursuant to the Dispute Resolution Provision in the General Terms. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The service and equipment charges above, except as explicitly set forth in the Special Conditions section, do not include applicable taxes, fees, assessments or surcharges which are additional and may change from time to time. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. By signing this Agreement, Customer acknowledges that if (i) the transport Service(s) (e.g. Private Line Type Services, Ethernet Services) cross state boundaries or (i) at least 10% of traffic on said transport Service(s) is Interstate in nature or designated for Internet traffic, then the entire transport Service(s) is considered Interstate. Customer has reviewed the interstate/intrastate designation of the transport Service(s) listed in the Service Description above and attests that all such designations are correct. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. Customer acknowledges that it has read and understands the 911 disclosures in Section 2 of the Service Terms. By signing this Agreement, you represent that you are the authorized Customer representative.
Customer Authorized Signature Cox Communications California, LLC., Cox California Telcom, LLC
Signature: Signature:
Print: Print:
Title Position: Title Position:
Date: Date:
3/21/2023 2
EXHIBIT A
1. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL may purchase equipment from Cox (Customer Purchased Equipment"). Customer is TERMS AND ON THE WEBSITE http://www.coxbusiness.com/e911 responsible for damage to any Cox Equipment. If Cox Equipment is not returned to Cox after termination or disconnection of Services, Customer shall be liable for the Cox Equipment
2. Service Start Date and Term The "Initial Term" shall begin upon installation of Service costs. Customer may use the Services for any lawful purpose, provided that such purpose:
and shall continue for the applicable Term commitment set forth above in the Service Terms. (i) does not interfere or impair the Cox network or Cox Equipment; (i) complies with the However, if Customer delays installation or is not ready to receive Services on the agreed- AUP; and iii) is in accordance with the terms and conditions of this Agreement. Customer upon installation date, Cox may begin billing for Services on the date Services would have shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall been installed. Cox shall use reasonable efforts to make the Services available by the use Customer Purchased Equipment in accordance with the terms of this Agreement and requested service date. Cox shall not be liable for damages for delays in meeting service any related equipment purchase agreement. Unless provided otherwise herein, Cox shall dates due to install delays or reasons beyond Cox's control. If Customer delays installation use commercially reasonable efforts to maintain the Services in accordance with applicable for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves performance standards. Cox network management needs may require Cox to modify the right to terminate this Agreement by providing written notice to Customer and Customer upstream and downstream speeds. Use of the Services shall be subject to the AUP at shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS http://www.coxbusiness.com/generalterms. which is incorporated herein by reference. Cox AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN may change the AUP from time to time during the Term. Customer's continued use of the "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN Services following an AUP amendment shall constitute acceptance of the revised AUP.
TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial 6. General Terms The General Terms are hereby incorporated into this Agreement by Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services reference. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE by no more than ten percent (10%) during any Extended Term by providing Customer with SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND at least sixty (60) days written notice of such rate increase. This limitation on rate increases AGREED TO BE BOUND BY THE GENERAL TERMS. shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for 7. LIMITATION OF LIABILITY IN ADDITION TO ANY OTHER LIMITATIONS ON LIABILITY
CONTAINED IN THE AGREEMENT, NEITHER COX NOR ANY COX RELATED PARTY 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 SHALL BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF doubt, promotional rates and promotional discounts provided to Customer will expire at the ANY SERVICES, OR FOR ANY LOSS OF DATA OR STORED CONTENT, IDENTITY end of the Initial Term or earlier as set forth in the promotion language. Customer's payment THEFT, OR FOR ANY PROBLEM WITH THE SERVICES OR EQUIPMENT OF ANY THIRD for Service after notice of a rate increase will be deemed to be Customer's acceptance of PARTY, NOR SHALL COX NOR ANY COX RELATED PARTY BE RESPONSIBLE FOR the new rate. FAILURE OR ERRORS OF ANY COX SERVICE, COX EQUIPMENT, SIGNAL
TRANSMISSION, LICENSED SOFTWARE, LOST DATA, FILES OR SOFTWARE DAMAGE
3. Termination Customer may terminate any Service before the end of the Term selected REGARDLESS OF THE CAUSE. NEITHER COX NOR ANY COX RELATED PARTY WILL by Customer above in the Service Terms upon at least thirty (30) days written notice to Cox; BE LIABLE FOR DAMAGE TO PROPERTY OR FOR PHYSICAL INJURY TO ANY provided, however, if Customer terminates any such Service before the end of the Term PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS (except for breach by Cox), unless otherwise expressly stated in the General Terms CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX OR Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if ANY COX RELATED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL unpaid and One Hundred Percent (100%) of the monthly recurring charges for the OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS terminated Service(s) multiplied by the number of months, including partial months, AGREEMENT OR PROVISION OF THE SERVICES. remaining in the Term. Cox may terminate this Agreement without liability at any time prior to installation of Services if Cox determines that Customer's location is not reasonably 8. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO serviceable or there is signal interference with any Cox Service(s) according to Cox's OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR
IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR 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. OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A If Customer terminates this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. This provision survives termination of the Agreement. BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION.
4. Payment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non- COX DOES NOT GUARANTEE THAT SERVICE CAN BE PROVISIONED TO recurring charges ("NRCs"), if any, by the due date on the invoice. Any amount not received CUSTOMER'S LOCATION, OR THAT INSTALLATION OF SERVICE WILL OCCUR IN A by the due date shown on the applicable invoice will be subject to interest or a late charge SPECIFIED TIMEFRAME. COX DOES NOT WARRANT THAT ANY SERVICE OR no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to EQUIPMENT WILL MEET CUSTOMER'S NEEDS, PERFORM AT A PARTICULAR SPEED, Customer's breach, or if Customer fails to pay any amounts when due and fails to cure such BANDWIDTH OR THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, non-payment upon receipt of written notice of non-payment from Cox, Customer will be SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR THE LIKE. deemed to have terminated this Agreement and will be obligated to pay the termination fee INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and 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.
5. Service and Installation Cox shall provide Customer with the Services identified above in the Service Terms and may also provide related facilities and equipment, the ownership 3/21/2023 3
COX Amendment to Commercial Services Agreement
3/21/2023
BUSINESS
Cox Account Rep: Olivia Ortiz | Cox System Address
Phone Number: 27121 Towne Centre Dr.
Fax Number: Foothill Ranch, CA 92610
Customer Information Authorized Customer Representative Information Legal Company Name: Crown Valley Park Full Name:
Street Address: 29751 Crown Valley Parkway Billing Telephone:
City/State/Zip: Laguna Niguel, CA 92677 Fax:
Billing Address: Contact Number:
Email:
Taxes and Fees Not Included
Service Description Prev. New Unit Price Term Service Charges QTY QTY (Months)
Monthly One Time
Recurring Activation
& Setup
Fees
Phase 1 Services
CPN Wireless LAN Extension - Phase 1 0 1 $71,845 60 $O $71,845 CPN Wireless LAN License - Phase 1 1 $125.26 $125.26 $0 CPN Wireless LAN Support - Phase 1 0 1 $549.71 $549.71 $0 Phase 2 Services
CPN Wireless LAN Extension - Phase 2 1 1 $71,845 60 $0 $71,845 CPN Wireless LAN License - Phase 2 1 1 $125.26 60 $125.26 $0 CPN Wireless LAN Support - Phase 2 1 1 $549.71 60 $549.71 $0 Total: $1,349.92 $143,690
Special Conditions
Cox Private Network Services. The Cox Private Network Services listed above shall be provided to Customer in accordance with the terms and conditions of the Agreement and the attached Appendix 1 (Cox Private Network Services - Service Description and Supplemental Terms), which shall be incorporated into the Agreement and be considered Service Terms thereunder upon the full execution of this Amendment.
Tiered Invoicing. Customer acknowledges and understands that invoicing for the CPN Services within this Amendment may occur in two (2) phases. Upon the completion and installation of the Phase 1 Services, Customer shall be invoiced for the applicable monthly recurring and non-recurring charges listed above for the Phase 1 Services. Upon the completion and installation of the Phase 2 Services, Customer shall be invoiced for the remaining monthly recurring and non-recurring charges listed above for the Phase 2 Services.
Cox Affiliate Providing Private Network Services. The Parties acknowledge and agree that CoxCom, LLC (an affiliate of Cox Communications California, LLC and Cox California Telcom, LLC) will be the Cox entity providing the Cox Private Network Services described under this Amendment to Customer.
By signing this Amendment to Commercial Services Agreement ("Amendment"), Customer represents that it is the authorized Customer representative and the information above is true and correct. This Amendment amends the Commercial Services Agreement last executed by Cox and Customer (the "CSA") and binds Customer to the terms and conditions contained in this Amendment and in the CA, includine without limitation,
http://ww2.cox.com/aboutus/policies/business-general-terms.cox and (il) any other terms and conditions applicable to the Services, including without limitation, the Cox tariffs, Service Guides set forth at http://ww2.cox.com/business/voice/regulatory.cox, State and Federal regulations, the AUP posted at http://ww2.cox.com/aboutus/policies/business-policies.cox (the "AUP"), and Cox's Internet Service Disclosures located at www.cox.com/internetdisclosures (collectively, the "Agreement"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP, General Terms, and all other referenced terms and conditions by signing this Amendment. This Amendment is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments, or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Amendment to Cox unchanged within thirty (30) days from the date above. By signing this Amendment, Customer acknowledges that if (i) the transport Service(s) (e.g. Private Line Type Services, Ethernet Services) cross state boundaries or (ii) at least 10% of traffic on said transport Service(s) is Interstate in nature or designated for Internet traffic, then the entire transport Service(s) is considered Interstate. Customer has reviewed the interstate/intrastate designation of the transport Service(s) listed in the Service Description above and attests that all such designations are correct. Each party may use electronic signatures to sign this Amendment, provided the electronic signature method used by Customer is acceptable to Cox. This Amendment shall be effective upon execution by Customer and "Acceptance" by Cox. "Acceptance" of this Amendment by Cox shall occur upon the earlier of (i) Cox's countersignature of this Amendment or (ii) Cox's implementation of the changes to the Agreement that are set forth in this Amendment. Customer acknowledges that it has read and understands the 911 disclosures in Section 2 of the Service Terms.
Customer Authorized Signature Cox Communications California, LLC, Cox California Telcom, LLC, and CoxCom, LLC
Signature: Signature:
Print: Print:
Title Position: Title Position:
Date: Date:
Appendix 1
Cox Private Network
Service Description and Supplemental Terms
A. • SERVICE
1. Service Definition. The Cox Private Network Services (the "CPN Service") will consist of a dedicated private wireless network for the Customer, leveraging mmWave spectrum in the 60GHz spectrum band to transport data from the fiber ingress point and propagating this signal to provide wireless connectivity to the designated sites as further described and depicted below.
2. Scope of Services. The CPN Service includes the following:
a. Cox Private Network design services.
b. Installation and configuration of the active private network elements, including the provision of all requisite equipment (except as noted otherwise in the Agreement).
c. Software & maintenance upgrades as made available by Cox from time to time. d. Support provided on a commercially reasonable efforts basis.
For the avoidance of doubt, the CPN Service is limited to the transport of the connectivity to the sites on the Customer premises, but does not include the propagation of the services within the buildings themselves.
3. Map, Logical Diagram, and Implementation Scope Description Scope Map
Phase 1 Scope
High-Capacity
- -
r WiFi
-
- -
Phase 2 Scope
Mid Capucity
Wift
Google Eart
Logical Diagram (S)
Legend
Crown Valley Park
(v1000 & Wi-Fi)
2 x POP v5000 Radios (60GHz)
6 x Mesh v5000 Radios (60GHz) (v2000 & Wi-Fi)
4 x Client v2000 Radios (60GHz) (v5000 & Wi-Fi)
5 x Client v1000 Radios (60GHz)
(v5000 POP Node)
15 x T750 Radios (WiFi)
17 x 60W PoE Injectors 150f Radius (WiFi)
60 GHz Client Link
60 GHz Mesh Link
Google Earth
700 f
CPN 60 GHz & WiFi
·5000 ·5000
>2.2 Gbps * WiFi AP
60 GHz. Wireless
(12/13)
--.
FA/Router ore Switch
35W RV
10 Gbps 60 w PoE
Private Network
w/ PoE Pass- injector
Through) Solution Overlay
enMaest
4 1 Gbps
• Assumes single 60 GHz channel, can carrier aggregate 2 channels to double throughput capacity outlined above Switch Local AC
CPN 60 GHz & WiFi
v5000 v1000
>2.2 Gbps* Wifi AP
60 GHz. Wireless
(L2/L3)
10W
FW/Router core Switch
25W
35W 165W 60 W POE
Private Network
w/ PoE Pass- Injector
Through) Solution Overlay
4 * Assumes single 60 GHz channel, can carrier aggregate 2 Local
channels to double throughput capacity outlined above
AC
Implementation Scope Description
Cox shall install, configure, and operate 18 x 60GHz "Terragraph" radios to act as a transport layer connection for delivery of the Cox managed WiFi offering. Network installation shall be based on the scope and outlay outlined above. Customer will be responsible for local 15A/20A electrical connectivity on poles (poles to be >20ft AGV) to be installed, owned, and operated by the customer at mutually acceptable sites within a 20-foot radius of the latitudes and longitudes proposed in the diagram above.
B. INSTALLATION AND EQUIPMENT
Cox shall use commercially reasonable efforts to install the CPN Service within ninety (90) days of the execution of the Agreement. Cox cannot guarantee any installation date timeframe, which is subject to change by Cox in its sole discretion. The installation timeframe is subject to delays resulting from, but not limited to (i) obtaining all necessary permits, licenses, pole attachments agreements, and rights of way to install and provision the CPN Service and/or (ii) any physical, legal or other restriction or impediment limiting Cox's access to the applicable Customer premises and/or service end-point locations. In connection with the CPN Service, Cox (or a third-party provider or an affiliate, contractor or subcontractor of same) will install certain equipment upon the Premises. Any equipment provided or made available by Cox in connection with the provision of the CPN Service shall be considered "Cox Equipment" as such term is used in the General Terms. Cox shall retain ownership of all Cox Equipment and will have the right, but no obligation, to remove and collect Cox Equipment at the expiration or termination of the Agreement.
C. CUSTOMER RESPONSIBILITIES
Without limiting any of Customer's obligations and responsibilities in the Agreement or as otherwise provided within this Appendix 1, Customer will be responsible for, the following, at Customer's sole cost and expense:
1. Obtaining, securing and maintaining all rights of access, entry and occupation, including, without limitation, all easement, building wiring, risers, laterals, licenses or other access rights required for Cox, its contractors and suppliers to install and maintain the CPN Service, including access to property or facilities owned or controlled by third parties or governmental authorities. The foregoing includes, without limitation, obtaining, securing and maintaining the approval of any third parties or governmental authorities to mount radio antenna and/or other Cox Equipment on third party or governmental owned facilities and to remove such Cox Equipment (if elected by Cox) upon the expiration or termination of the Agreement.
2. Installing, operating, and maintaining conduit, inner duct, or other facilities from the MPOE to the applicable endpoint CPN Service location in order for Cox, or its contractor, to place cable, fiber or other equipment necessary to provide the CPN Service.
3. Attaining sufficient space and a continuous power supply for the proper operation and provisioning of the CPN Service, including space for any Cox Equipment needed to support the CPN Service.
4. Any documentation needed to support required permitting D. INTERNET REQUIREMENT
To receive the CPN Service, Customer must purchase, and maintain in place, Internet Services provided by or through Cox at all times during the Term, it being understood that the CPN Service cannot operate without Internet Services. The specific Internet Service(s) required may vary depending upon the type of CPN Service purchased, and other determining factors. Any termination or discontinuation of such Internet Services will result in an inability to provide the CPN Service. Cox shall have no responsibility or liability with respect to any end users' computers or devices (e.g., tablets, wireless phones or other peripherals) connecting or failing to connect to Customer's network.
E. SUPPORT
Cox will use commercially reasonable efforts to maintain the availability of the CPN Service and to respond to and resolve service interruptions or outages as promptly as practicable, but will not be responsible for service interruptions or outages attributable to acts or omissions of Customer or third parties, interference caused by Customer's information technology systems or networks, whether operated directly by Customer or through the use of third-party services or other causes beyond Cox's reasonable control. Any interruptions to the CPN Service that are attributable to Internet failure will be governed by the CSA. Cox will use commercially reasonable efforts to cause the repair or replacement of Cox Equipment that is determined by Cox (following investigation and assessment) to be defective in materials or workmanship as promptly as is reasonable at no cost to Customer. Cox's obligations with respect to the foregoing shall be limited to passing through, assigning and/or enforcing in its own name, the product and service warranties provided by the manufacturers and/or suppliers of the Cox Equipment that inure to the benefit of Cox, in each case, to the extent permitted; provided, that the foregoing shall not require Cox to initiate litigation or formal dispute resolution against an Cox Equipment manufacturer or supplier. Customer further acknowledges that Cox is not providing any direct warranty to Customer with respect to the Cox Equipment and shall not be responsible for any Cox Equipment defect beyond the repair or replacement of such Cox Equipment actually provided by the Cox Equipment manufacturer or supplier.