Fort Walton Beach Council agenda — 06-26-2007 regular agenda — reading text

approval of funds for communications. Customer can remove the VPN hardware during this contract term, and the monthly rate will be reduced by $ 400. 00. The modemNPN service located at the Library remains a courtesy account due to the existing service of the OCLC service. Please see attached Exhibit uN' for list of sites and services. The undersigned represents that he/she is the Customer or is the Authorized Customer Representative identified above and is authorized to sign this Agreement on behalf of Customer for the services in this Agreement. The undersigned further represents that the Customer Information and the Authorized Customer Representative Information is true and correct. This Agreement binds Customer to the Rates, Terms and Conditions of Service applicable to each of the services selected above, including any termination penalties thai may apply. Customer understands that telephone services selected above are provided by Cox Florida Telcom, lP, and that such selVices are generally subject to rates, terms and conditions contained in tariffs on file with the Florida Public Service Commission and/ or the Federal Communications Commission, and that such regulations may change from time to lime. All Services are subject to the Terms and Conditions on Pages 2 & 3attached hereto. Intemel, Data, Web Hosting and/or Web Conferendng, CoxMail(sm) E-Mail Services, if selected by Customer, are sUbject to Acceptable Use Policies located at www.coxbusiness. comlacceptableusepolicy. pdf and Customer acknowledges receipt of these by signing below. The undersigned authorizes Cox to check credit and this Agreement is subject to credit approval. Prices listed do not include applicable taxes, fees, assessments or surcharges. If, within thirty days after Customer's signature below, Cox determines that Customer's location is not serviceable under Cox' s normal installation guidelines, Cox may terminate this Agreement without liability to Customer. Authorized Customer Representative on behalf of: Cox Communications Gulf Coast, LLC: Cox Florida Telcom, LP; By it's General Partner, Cox Telcom Partners, Inc nerstone Technology Group, Sterling Shores Ignature: Signature: Printed Name: Printed Name: Bernice Howard Title: Title: Vice President. Cox Business Services Date: Date: A. Terms and Conditions for ReQulated Servi' Services available 3 requested service date. Cox shall not be liable for any damages er resulting from delays in meeting any service dates what,.~_" 1. Tariffs The terms and conditions of regulated service provided to due to delays resulting from construction or for reasons beyond its control. Customer under this Agreement are contained in tariffs on file with state and/ or federal regulatory authorities. These tariffs shall govern the provision of 4. Customer Responsibilities Customer is responsible for arranging all telephone service, and Cox may amend such tariffs and regulated service shall necessary rights of access for Cox within the Customer's premises, including subject to such tariffs, as amended. Customer must disclose to Cox if space for cables, conduits, and equipment as necessary for Cox-authorized stomer intends to use the Services in connection with payphone service. personnel to install, repair, inspect, maintain, replace or remove any and all facilities and equipment provided by Cox. Customer shall provide a secured 2. Telephone Numbers The Customer has no property right in the telephone space with electrical power, climate control and protection against fire, number associated with the telephone service provided by Cox; provided, vandalism, and other casualty for Cox's equipment. Customer shall use the however, if Customer ports a telephone number from another carrier to ,Cox;. Cox. Services in compliance with all applicable laws and ordinances, as well as will use such number with Customer' s telephone Service. Any telephone applicable leases and other contractual agreements between Customer and number designated by Cox in advance of the activation of Cox telephone service third parties. If Customer engages in a public performance of any copyrighted is subject to change by Cox. Additional terms and conditions regarding material contained in any of the Services provided under this Agreement, the telephone numbers are contained in Cox tarlff(s) on file with regulatory Customer, and not Cox, shall be responsible for obtaining any public performing authorities. licenses. Customer is responsible for ensuring that Customer's equipment is compatible for the Services selected and with the Cox network. 3. State- to-State and International Services If Customer subscribes to or uses state-to-state and/ or International telecommunications Services from Cox, 5. EQuipment Unless otherwise provided herein, Customer agrees that Cox such. Services shall be provided pursuant to the terms and conditions contained shall in all rights, title and interest to facilities and equipment installed by ret,! in Cox Customer Service Agreement which may be found at our web site: Cox there under and that Customer shall not create or permit to be created any www.cox.com/ teleDhone/ customerservicesaQreement.asD. liens or encumbrances on such equipment. Internal Wiring shall not be considered equipment and shall become the property of Customer upon 4. PBX UsaQe. Equipment and E911 Services. If Customer uses a Private initiation of Service. Cox shall install equipment necessary to furnish the video Branch Exchange ( PBX) in connection with the Services, Customer is Services to Customer. Customer shall not modify or relocate equipment responsible for programming the PBX to ensure that agencies receiving E911 installed by Cox or install any other equipment, including servers in connection emergency calls through the PBX will receive appropriate information about the with data/Internet without the prior written consent of Cox. For Cox-owned location of the caller. For telephone Services, an embedded multimedia equipment, Customer shall, at the expiration or termination of this Agreement, terminal adapter (eMTA) or integrated access device (lAD) will be provided return the equipment in good condition, ordinary wear and tear resulting from and installed by Cox at no charge to Customer. Only the eMTA will have proper use excepted. In the event the equipment is not returned to Cox in battery backup provided by Cox. Customer is responsible for battery good condition, Customer shall be responsible for the value of such backup for the lAD. In the event of a power outage, your telephone Service equipment. Cox shall repair any equipment owned by Cox at no charge to using an eMTA will continue to operate as usual for up to eight hours with Customer provided that damage is not due to misuse, abuse or other disaster the backup battery provided by Cox. The duration of Service during a including acts of God. If additional equipment, including but not limited to, power outage using an lAD will depend on Customer's battery backup monitors, computers, circuits, software or other devices, are required by choice. If the eMTA or lAD that supplies your telephone Service is