Signed Contracts_Mediacom Commercial Service AgreementT'HL CITY ~T
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Mcrst~~~ir.~ce ~~~ the Miss~~~i~~~i
T'®: Michael C. Van Milligen, City Manager
FR®M: Kim B. Wadding, Police Chief
Sl1JECT: Mediacom Commercial Service Agreement
®Ar`fE: April 9, 2009
Dubuque
f~?~I Ai~,~.~iraCitU
2007
IN`fR®®IJCT"1®N
The purpose of this memorandum is to seek approval to sign the attached Mediacom
Commercial Service Agreement for use by the Community Oriented Policing division for
the placement of surveillance cameras in high traffic and incident areas.
SACK R®UN®
During the FY2009, the City Council approved through an improvement package the
purchase of three portable surveillance cameras for use by the Community Oriented
Policing division to monitor and video public areas of concern. The surveillance
cameras are designed to be portable and transportable to various locations throughout
the community.
®ISCl1SSlN
As part of the portable surveillance camera usage, a Mediacom connection is needed to
transport the video surveiiiance back to the police department for review and video
storage. The attached agreement has been reviewed by Barry Lindahl, City Attorney.
The term of the agreement is month by month with a monthly fee of $99.95. The
monthly fee for the first year was included in the improvement package allocation.
REC®MMN®A°TIf~:
We recommend consideration to approve the attached month by month Mediacom
Commercial Service Agreement.
AC°flN REQUE TE®:
Action requested is the approval and signing of the attached Mediacom Commercial
Service Agreement.
DIED C CNIlYfERC SEIi~CE AG ~IE1~T'
AGREEMENT made this Sa` day of March, 2009, by and between Mediacom Iowa LLC (hereinafter referred to as
"Mediacom"), having an office at 3033 Asbury Rd. Dubuque, IA 52001 and City of Dubuque Police Departunent
(hereinafter referred to as "Owner") who owns a business known as City of Dubuque Police Departanent located at 770
Iowa St. (lower level), Dubuque, IA 52Q01 (hereinafter referred to as "Premises").
TEIt~I ~9
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a) This Agreement shall be for an initial period of _ from the date of installation, and shall automatically be renewed for
additional periods of one (I) month unless the Owner or Mediacom gives notice of cancellation of this Agreement in writing at
least ninety (90) days prior to the expiration of the term or any renewal term.
SERVICE
a) ®The service, lYiediacom Online shall be installed to support Mediacom's Business Plus Internet service an computers on the
premises. Owner shall pay a monthly service fee of $ 99.95 plus taxes and fees.
b) ^The service, IVlediacoffi commercial Family Cable video services, is based on outlets at $ per outlet.
C) ^ Premium Service nla at $ n/a per outlet.
d) ®Based on above services, owner shall pay a total monthly service fee of $ 99.95 plus taxes and fees.
e) ®Owner shall pay a one time installation fee of $ ~ `O
PAVIVIEI`lTS
a} Monthly fees are due and payable within fifteen (15) days of invoice.
TAXES AIVD PEES
a) Owner agrees to pay any local, state or federal taxes imposed or levied on or in connection with the Service, Equipment (as
hereinafter defined) and/or installation or placement charges or any of them, during the Term.
RIGgIT OF EIe1T1iY
a) Mediacom is hereby granted permission to place and maintain cable television cables, wires, equipment and appurtenant devises
(hereinafter referred to as "Equipment") on or at the Premises.
EQUIPIVIEIVT
a) All Equipment installed or supplied by Mediacom shall remain the property of Mediacom and shall not be tampered with or
modified in any way by Owner or Its agents, employees or patrons. Failure of Mediacom to remove its Equipment shall not be
deemed an abandonment of the Equipment. All converters, modems, decoders and remote control devices shall be returned upon
termination, discontinuance and or modification of service. Charges will be assessed for unretuived, lost or damaged converters,
modems, decoders and/or remote control devices.
b) )'diediacom has no responsibility for the repair or maintenance of any computer or internal network located at the customer
Premises.
COPI'RIGIIT (VIDEO)
a) Owner expressly agrees that it shall not charge its patrons an admission charge or any other entrance fee to the Premises to watch
a cable television program or event of any kind provided by Mediacom.
PI~OGItAIiZIVII~IG (VIDEO)
~) Owner will not delay, alter or otherwise try to chagg the cable television service programming provided pursuant to this
Agreement. Owner will not, and will ensure that its patrs; guests; and/o_r irs employees, ser.~ants or agents do not, copy or tape
any of the programming being delivered by Mediacom hereunder. Owner further agrees that neither Owner nor its patrons,
guests, employees, servants, or agents (except for Mediacom's authorized personnel) will open, tamper with, service, make any
alterations to or remove from its point of installation, the wires, cable or any other equipment supplied to, delivered or installed by
Mediacom. Any alteration, tampering, removal etc., or the use of equipment which permits the receipt of unauthorized services
and/or the receipt of services to an unauthorized outlet (s) constitutes theft of service and is prohibited.
b) The Service and programs being provided to the Premises are Mediacom's current offerings. Mediacom i°eserves the right to
change the specific service offerings at any time during the Term or renewal thereof.
'TEItNIII~tATIOI~
~) This Agreement shall automatically terminate if Owner files a voluntary petition in bankruptcy or any petition or answer seeking
for itself any reorganization, readjustment, arrangement, composition or similar relief; or shall commence a voluntary case under
the federal bankruptcy laws; or shall admit in writing its insolvency or inability to pay its debts as they become due; or shall make
an assignment for the benefit of creditors; or shall apply for consent to or acquiesce in the appointment of, or the taking of
possession by, a trustee, receiver, custodian or similar official or agent of its business or of substantially all of its property; or a
trustee, receiver, custodian or similar official or agent shall be appointed for either party of for substantially all of property and
shall not be discharged within sixty (60) days; or a petition seeking reorganization, readjushnent, arrangement, composition or
other similar relief as to either party under the federal bankruptcy laws or any similar law for the relief of debtors shall be brought
against either party and shall be consented to by it or shall remain un-dismissed for sixty (60) days.
b) Vacate clause. Should Owner lose lease, service will be transferred at normal installation costs without penalty to subscriber. If
new location is not serviceable by Mediacom, Owner has the right to cancel agreement with ninety (94) days written notice to
Mediacom.
INI)ENIladIFICATI01®i
a) Owner agrees to indemnify, defend and hold harmless each Mediacom party for, against and from (i) any and all claims,
demands, actions, suits, proceedings, counteractions, causes of action and investigations ("Claims"); and (ii) any and all damages,
losses, liabilities, fines, penalties, settlement payments, indemnification and contribution payments, costs and expenses, including
attorneys' fees and disbursements and costs and expenses of investigation, defense and settlement of any Claim or appeal of
decisions or judgments rendered therein or with respect thereto ("Losses") directly or indirectly arising from the use by you or
others of the Service, Equipment or Software or removal of service of equipment, unless such damage shall result from
Mediacom's negligence.
GE1otERAI,
a) All notices, requests, demands or other communications hereunder shall be in writing and shalt be deemed to have been duly
given if delivered or mailed by certified mail, return receipt requested, and postage prepaid, to Owner and Mediacom at the
address listed on the first page hereof, with a copy to Mediacom at 100 Crystal Run Rd., Middletown, NY 10941, Attention:
Legal Department.
b) Notwithstanding anything contained herein to the contrary, each party hereto represents and warrants to the other that it has the
legal right, power and authority to enter into this agreement and to perform its obligation hereunder.
c) This Agreement represents the full understanding of the parties and cannot be modified or amended orally.
d) Upon notice from Mediacom, Owner agrees that payment for cable television services provided herein may be increased at least
by the same percentage base as the monthly charge for cable television service is increased by Mediacom to other subscribers in
the locat franchise community.
e) The validity and effect of this Agreement shall be governed, construed and enforced in accordance with the laws of the State of
New York.
fl All terms covenants, and conditions specified in this Agreement shall be for and shall inure to the benefit of and shall bind the
respective parties hereto and their legal representatives, successors and assigns.
~) Customer agrees to abide by the terms of the acceptable use policy which cai~ be foiuld at the folloivulg web site:
1~3://www.mchsi.com/heluh~ead/puhlisher 01/2002-11-22.02.
h) The parties agree that at no time shall Mediacom's total liability under this contract exceed three months of service fees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
ediaco~ Imwa I,L,~
By:
Name: Douglas F. Frank
Title; Regional Vice President
OWNER
By:
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Name: Yim Wadding (563-587-3807, Russ tali # 563-451-71041
(Fiease i-rinf)
Title: Chief of Police, GityofDubugcu~e
Federal Tax ID: ~ ~ `®~ Cl .5~ i
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