Okaloosa County BOCC — September 2, 2014 — Agenda

Rosemarie Yohannan To: Joanne Kublik Subject: RE: Cox Agreements Will do and thank you so much! Rose From: Joanne Kublik Sent: Tuesday, August 26, 2014 12:50 PM To: Rosemarie Yohannan Subject: FW: Cox Agreements Pie 5e put thl!> approval e-ma il with your (ox dw UJn tItS. Thdnks, 10 IJtll!rHlIli '~Itll ' ~ rl fl i r, tH I ( lJI1 I 111 , ,1 t' f 't ~ I l'~ ( "lUI ~ l -Jql .I'H ,1" \Iil'<ti 11 L (11!l!r.tI ,; (n .llllhldjn~'\i'l LdJI From: Greg Stewart Sent: Tuesday, August 26, 201412:21 PM To: Joanne Kublik Cc: Lynn Hoshihara Subject: Re: Cox Agreements Yes. They are approved Sent from my iPhone On Aug 26,2.014, at 1:13 PM, "Joanne Kublik" <jkublik@co.okaloosa.fl.us> wrote: Greg - you approved one of the telephone Cox agreements that I had to go through coordination. In the meantime, there were about 8 more for telephones. Can you give a verbal approval on the others. All the language is the same on all the Cox agreements whether it's for telephones or cable. Let me know if there is an issue. Jo 1  IJ CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number:_ _ _ _ _ _ _ _ _ _ _ __ Tracking Number: j06~ - J* f (J"", ( Grant Funded: YES_ _ N~ Contractor/Lessee Name:---,~""",,,-,,'L.....j_ ' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~__ I purpose~'#{JSO& 'H-'C~ ~ (5D ~~ gl ~ Date/Term: 3~ ~-\R 1. D GREATER THAN $50,000 Amount: --II. ~ .J.j s Jm",~ 4u.r, 9(J D.d-OJ 2. D GREATERTHAN$25,OOO Department:_y=-5_ - _ _ _ _ _ _ _ _ _ __ 3. )2? $25,000 OR LESS Dept. Monitor Name: Jo,.......~ ~ Document has been reviewed and includes any atta chments or exhibit s. Purchasing Review Date: '8. ,-/-li Joanne Kublik Risk Management Review Approved as written: Date: 8 -7 -/ y Risk Manager or designee Gregory T. Stewart Following Okaloosa County approval: Contracts & Grants Document has been received: Date:_ _ _ _ _ _ _ __ Contracts & Grants Manager Joanne Kublik From: Greg Stewart Sent: Wednesday, August 06, 20148:21 AM To: Joanne Kublik Subject: RE: Cox Agreements Go w ith the contra ct as provided but include a copy of this email in the contract file. It is not technica lly binding bu t if t hey ever cha rge us w e ca n p ull it out. fa stll ! he re and have a meetin g in the north end at 11. So if yo u need something let me kn ow . Gregory T. Stewa rt Co unty Att orn ey Oka loosa Cou nty, Florida Please not e: Due t o Flor ida's very broad pub lic records law s, mo st w ritten commun ications to or fro m County e mpl oy ees reg arding Cou nty business ar e p ublic rec ords, avai lable to t he pu blic and med ia upon req uest . Theref or e, t his writt en e-ma il commu ni ca tion, incl ud ing your e- ma il add r ess, may be su bj ect to pu blic disclosure . From: Joanne Kublik Sent: Wednesday, August 06,20148:19 AM To: Greg Stewart Subject: FW: Cox Agreements Importance: High Can 'I O U t ake a loo k at Cox' s re spo nse and see if this is ok with yo u rn f can include it as part o f t he agreements and t he re are quite a few , Ju st let me know Are yo u st ill in Oka loo s.3 Co unty or did yo u make it ba ck to Tal la hassee ) Jo J oann e KubJik., Contracts and Lease Coordi nJ tor O,,".1l oo a Co u nty Purchh ing D epartment 602-C ~ o rth PeJd tree t Cre shie\> , FloridJ 32336 i" ( 30) 689-5960 i" II b 1 i1: co. o kal oo ::; .l .fl.lI - Pl .... I'~· n, l tt"' D 'll"" l ,r·llf l d~ I "'\ .,' 111" \\11 1' 111-1 . r · j III I. , , , 1 1111"- ~ , \ ' · ~rr·n ...)II1If1'll r ll_ t r lln " {I-I 1t - r' - \l1l t rttaH \ ~ n1jIII\.~ ~'r- '.!,tr In ~ ('II ' l[·, I" " """ I\ ~ .,,1,110 r · I J, I ,1 11,1 · ." rl"I,,,I,I, II 11 ' 1· 1 , II I" " 1 " 1' ,. , ' 1 11"1,.1 'i ~ rill . " '1'1 1 ~ - II".I1 ,,'11111' I . lrt"I'.trIoJ I,, ! ",I '-11 ( II ldl . . . .. 11\. 1 .['" " ,d'lf'jt f l iP dd{,-dl ,\.I'H". .~ . . . From: Mike Baxley Sent: Wednesday, August 06, 20148:12 AM To: Joanne Kublik; Tracey Vause Subject: FW: Cox Agreements See below .. Mike Baxley EMS Oka loosa County  -------- From: Joanne Kublik Sent: Tuesday, August 05, 2014 3:43 PM To: Mike Baxley; Robert Card Cc: Zan Fedorak Subject: Cox Agreements I have received Cox agreements from you and have routed one through review with Greg Stewart. Greg is not approving this agreement because of the language in Number 4. He asks that Cox is contacted to see if they will remove the language regarding the County being obligated if the contract is cancelled. Please let me know if you are successful. Thanks, Jo Joan.ne Kublik, Contr.lLi5 and Le<t ' e Coordinator Okaloo.,a County Purcha-in v epJItment 60 2·C ~orth Pearl treet C rest-vie" . . , Florid.l 32536 ( 50) 6) ·3960 i ku b Ii k i]..: 0.0 J...a 1005.1. fl.lIs " I · h .. n..,,· D,.... ,FI"lld I', \ 'n I,,' ' 01 '[ III 1,11\ r 1(\1 I, I I I ' . 11 1< '.1 " I I ', ' n ,, 'rT Ill"r I. I' ,,,,. r " , q ' fl 'Ifl ('"1111_, ,"111,1,\\ ';j."' r 't;1I IIII !; t " ' 111[ \ hu .. ·Ilr' . . . . l l · ~,.dllll l- ~III' I , . .: I\ .l d d.l r-'rllrlh·"ql il!, .t pdrt tt.ot!l, l tql H r""lw , t l 'h t'l~ t 'l rju ..., rHrr' Ir-' - I t1. I J/,. IIl1f! t1l1hltlllf l I rhtlldIU·.( 'tI ' i rC""- l1 t~1I1 ,old, ' , I'll. I,,· . ,,t'I" ' \ r., [,,11.1, "" " ",,11 . 3 Logistics Supervisor Office: 850-651-7155 Cell: 850-259-2038 Please note: Due to Florida's very broad public record3 laws . most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore , this written e-mail communication , including your e-mail address, may be subject to publiC disclosure ' From: Knight, Carol (CCI-Southeast) [mailto:CaroI.Knight@cox.com] Sent: Wednesday, August 06, 20148:07 AM To: Mike Baxley Subject: RE: Cox Agreements M ike , I'm sorry but we can't am end anything in the terms and cond it ions. We typically do not assign early termination charges to government accounts and the majority of the services on these accounts are free so terms wouldn ' t apply. The cou nty has signed several of these contracts in the past 50 I'm not sure wh at the real issue is at this time . If I don't get the agreeme ts back, the free services wil l go into bill ing or you ' ll need to si m ply disconnect them . Caro l Carol Knight COli BIJsiness Outside Ret~ntion Representative 5850., 460-2692 ,,'.'ork; (850) 393-5478 M ·)b ~l l Carol.Kniqht~(oJC.(om 3-«)5 Mclemore Dril/ e Pensacola, Ft 32514 www.(oxbusiness.(om From: Mike Baxley [mailto:mbaxl ey@co .okaloosa.f1.us] Sent: Tuesday, August 05,20145:05 PM To: Knight, Carol (CCl -Southeast) Cc: Robert Card; Joanne Kublik; Zan Fedorak Subject: FW: Cox Agreements See be low Mike Baxley EMS Okaloosa County Logistics Supervisor Office: 850-651-71 55 Cell: 850-259-2038 Please note: Due to Florida ' very bro ad publiC records laws , most wri tten communicatio ns to or from County emp loyees rega rd ing Cou nty bu siness are pu blic records , available to the publi C and media upon reque t Th erefore , this written e-m ail communication . Including your e-ma il ad ress, ma y be subject to public disclosure 2  ACORD­ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNVYY) • ~ THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I 12/2)/2013 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE D<?l¥l ~.o'{ CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND r,,,!E, CERrIFICA1'e HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSl1R~D~ the policy(les) must be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the POAi,~~~,e.~ain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such el)dor mellt{S).') n ~ r, r-'67 8-i 3-9) - S200f , .. CONTACT PRODuCER Linda Smith Arthur J. Gallagher Risk Mana£l;"'fel'.t Services, Inc. - ' . I NAME '....II • ...:. j ', PliONE INC, No. E,'): 678-)9)-5228 r~,NO) 678-)9)-5240 E.-MAIL 1040 Crown Pointe Parkway linda_amitb@ajg .com Suite 700 CI., V ' \ :_ . ~ ADDRESS : INSURER(S) AFFORDING COVERAGE Atlanta, GA )0))8 : /' I . - . . " ! - INSURER A : NATIONAL UNION ~IRE INS CO O~ PI'l"l'S NAle" 19445 " . INSURED INSURER B : NEW HAMPSHIRE INS CO 2)841 Cox Communications, Ioc . Cox Commlnicationa Florida INSURER C : ILLINOIS NATL INS CO 2)817 PO Box 105)57 INSURER D: INsuRER E : Atlanta, GA )OH8 INSURER F : COVERAGES CERTIFICATE NUMBER' )7599171 REVISION NUMBER' [hiS IS TO CERT)FY THA [ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES , LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDl SUBR I:~hl~y.,~~ : 1~~~%iY~~~1 . LTR I TYPE OF INSURANCE IHSR ' WYD POLICY NUMBER UM-lTS - I A GENERAL LIABIliTY GL681H81 01/01/14, 01/01/15 EACH OCCURRENCE 1 ,4,500,000 i CO......ERCIAL GENERAL LIABILITY I II i I ; DA...AGE TO RENTED ,4,500,000 I, X ; PREMISES (Ea occulfence) I I I• I' CLAI"'S ...ADE X , OCCUR , X I EXCESS 0[> $500,000 I I I I i Mfa EXP (Any ana pers.on) &xcluded PERSONAL & AOV INJURY S 4.500,000 I I I I X IGE~'L I SEL[/' INStJRBD RETENTION I I I I GENERAL AGGREGATE .S)O,OOO,OOO PRODUCTS , CO...PtOP AGG : s 6,000,000 X AGGREGATE L1""T APPLIES PER. POLlCV I [ ~~i : lOC I I I I I , A ! AUTOMOBILE LIABILITY I CA7062761 (VA) 01/01/14 01/01/15 ' COMBINED SINGLE U ... ,T I S 2,000,000 B X I I I I CA7062760(MA) I I 01/01/14 01/01/15 (Ea accidelll) BODIL V INJUKY (Per parson) I S A ANY AUTO I CA7062759(AOS) I 01/01/1 1 01/01/15 I Ii I ALL OWNED SCHEDULED BODILY INJURV {pt::r accuJenlj S AUTOS AUTOS I I ix HIRED AUTOS Ix NON ·OWNED 1 : PROPERTY DAMAGE ,S I I , AUTOS I [ f I · (Per accldenl) s 1 I U!lBRELLA LIAB I i EXCE SS LIAB ; OCCUR i I I : I · EACH OCCURRENCE · AGGREGATE i S S I I CLAI...S· ...ADE i I OED i RE TENTION , I S 8 , WORKERS COMPENSA TlON ! I ~WC04)408898(AOS) 01/01/14 01/01/15 WC STA TU · X . TORY LIMITS ' OTH· ' AND EMPLOYERS' LIABILITY YIN I A I ANY PHOPRIETORiPARTNERiEXECUTIVE ~ i \ 'WC043408899ICA) I 01/01/11 01/01/15 E.L EACH ACC IDENT ER S 1,000,000 OFFICERlME,"BER EXCLUOED? A ('bndalory in NH) N :NIA I ,WC04H08906 (OR) I 01/01/1~ 01/01/15 E L DISEASE · EA E...PLOYEE S 1,000,000 II YC!:o . tJeSCSIOO undtH C DESCRIPTION OF OPERATIONS below i I I WC043408900 (FL) I 01/01/14 01/01/15 E L DISEASE · POLICY LI"',T S 1. 000, 000 B IWORK COMP/EMPLOYERS LIAB I I I ~C04)408904 (HE) I 01/01/14 01/01/15 SE:E ABOVE AMT OFINSURANCF I I I I, 8 WORK COMP/EMPLOYERS LIAB I WC04)408905(NJ/PA) 01/01/1~ 01/01/15 SE:E ABOVE AMT OFINSURANCE t C I WORK COMP IE:KPLOYERS LIAB ! WC04)40890)MA/ND/OH/WA/W~~1/01/1~ 01/01/15 SEE ABOVE AMT OFINSl1RANCe: OESCRIPTION o.f OPERA nONS I LOCA nONS I VEHICLES (ANiCh ACORD '01 , Additional Rllmarks Schedule, It morlt spice II required) COX COMMUNICATIONS GUL~ COAST, LLC , I CERTIFICATE HOLDER CANCELLA TlON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OKALOOSA COUNTY BOARD O~ THE E)(PIRA TlON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS ATTN: JOKN CHRISTOPER COMMlSSIONRRS 101 E. JAMES LEE BLVD. AUTHORIZED REPRESENTATIVE CHESTVIeW, FL )25)6 USA jfiJ~ © 1988-2010 ACORD CORPORA TION. All Tights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD prabhaaatl )7~99171 c ~ Cox Account Rep: Business· Carol Kni ght Cox SV5tem Address: Commercial Services Agreement 7/21/2014 Phone Number: 855-637-1206 3405 ~lcLemo re Drive I fax N umber: 877-873-70 44 I Pensacola FL 32514 c:u.eon-I!'foi _dud AutIIorizM c..ta_ II1II... IIIt'ann811on Legal Com ,,-any Name: OKAL00 5 A COUNTY BCC Full Name : Randy Sims Street A ddr ess: 302 N WILSON ST Billing Contact: ( 850) 689- 5046 City/State/Zip: CRESTVIEW, Florida 32536 Fax: Billing Add ress: Contact Number: (850) 689-5914 City/State/Zip: Email A ddress: rSim s@co.okaloosa.n.us Cox Account #: 135-0132891-01 ,I Service Description Ta_ MMI , . . Not Included Prey New Unit Term Servi ce Charges QTY QTY Price (Months) Monthly Recurring One Time Activation lit Setup Fees Access Recovery Fee - Bulk Facility 1 1 $ 5.00 I'I-M $ 5.00 FCC Access Charge - Bulk Facility 1 1 $46.2 5 M-M $46.25 Cox Digital Trunk PRJ 1 1 $400 .00 36 $ 400.00 oro Block - 20 1 1 $3.20 36 $3 .20 Block Operator Assisted Calls 1 1 $0.00 36 $ 0.00 Account Change Fee 0 1 $ 0.00 $0.00 Total s: $454 .45 $0 .00 L ~ ] Desc r i ptio n I Quantity I Unit Price I Tota' Fee I 1f..fCIII­ I o.oc.t8d SenrIce hcIIItI-.. I I For Ded icated Service Facilities (e.g. Private Lin e Type Services, Ethernet Services). By initialing here and sign ing below, I I ..... No I Customer represents that at least 10% of the traffic on the deSignated ci rcuit (s) is Inter-State in nature or is Internet traffic. ISIMKi.i'CcInditIcIN I Renewing existing service on new 36 month term. . PI _lilian .,..... By slgnmg 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 and any other terms and conditions applicable to the Services selected above, including without limitation, the Cox tariffs, Service Guides, state and federal regulations, the General Terms located at http: //w w2 .cox.com/aboutus/po licies/business-general-terms .cox, and the Cox Acceptable Use Policy (the 'AUP"). Customer acknowledges receipt and acceptance of the AUP and the General Terms by signing this Agreement, This Agreement is subject to credit approv a 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. Thi s proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. Cox may withdraw this proposal at any time prior to Customer's signature. If, within thirty (30) 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. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Services shall be subject to price increases for the remaining Term. Both parties agree that each party may use electronic signatures to sign this Agreement. Unless otherwise agreed to by the parti!'s in a written amendment to this Agreement, Customer shall satisfy the MRC set forth above for the duration of the Term. Cox may charge Customer a termination fee equal to the amount of the MRC reduction resulting from a partial termination of a Service multiplied by the number of months remaining in the Term. If Cox performs any work including construction or incurs any costs to provide Service to Customer and Customer cancels this Agreem ent prior to Service installation, Customer shall be liable for Cox 's reasonable costs in addition to any other terminat ion charges. I acknowledge that J have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox c ommun l( ,o ns G O LLC; Cox Florida Telcom, LP Signature: Signature: f t ~ ... _LZ Print: Print: .b::nr, ,05 !2 ~n-e~"'- Title Position : Title Position ; ~S Ma-,Apvf (/ Date : Date: f1"/ a/ll! ,,-,." Signed by:Dennis.Schroeder@cox.com Versio " I. 0 : 12/09/2013 712212014 2:22:52 AM:JtuTQ)~ 02:4 2 I The t erm s and condition s set forth on t he Cove r Page and be low ( the 4. Termination Custome r ma y te rm inate any Se rv ice before the end of the " Servi ce Te rm s") , t oge th er wi t h th e Additional Terms and Con ditions Term select ed by Cus t omer on the Co ver Pa ge; prov,de d, however, 'f Customer av liabl e at h ttp: // ww2 .cox.com / at)ou t us/pol icies/buslness-oe ne 1­ t ermrn at es any such Servi ce beFore the en d of th e Term ( except for breach by terms.co x (the "Gene ral Terms" an d collectJ vely w ith th e Serv ice Term s Cox ), unless othe rwise ex pressly stated In th e Genera l T erms , Custome r Will be an d any ot her poll des and terms in corporated by r eference In t he Servi ce obligated to pay a te rmina tion fee equ al to t he non rec urring cha rges (If unpaid) Terms , t his " Agreem en t"), will govern Custom er 's use of the se rvi ces and 100% of th e mon t hly re cu r ring cha rg es for the term in at ed Serv ice( s) Id en t ified on the attacheci cover pag e, or if In the Cox Business e­ m ul tiplied by the nu mb er of full m on ths re m ain ing in th e Term . This p rOVisi on commerce environ ment , as selected above (the "Cover Page " ) (each a survives te rm ination of the Agreemen t. If Cox is deliven ng Servi(es via w,r el ss "Service") . network faci li t ies and the re Is si gna l Interference with an y su ch Servi ce( s), Co x 1. Tariffs/Service Guide I f Cu sto me r is purchasing any Servi ces th at may termina te thi s Agreemen t wi th ou t liabrlity IF Cox ca nno t resolve t he are regul ated by t he FCC or any state reg ul atory body ("Regu la t ed Interference by uSi ng commerciall y reaso na ble effo rts. Servi ces") , t he n Cust om er's use of such Regula ted Servi ces IS subje ct to 5. Payment Customer sha ll pay fo r all mon thly Se rvice charges, plus one­ t he reg ulations of t he FCC and t he regu latory body of the state in which t ime set -u p, Installatio n and/or constru ct ion cha rg es. Unless stated otherwise t he Custome r location receiv in g t hese Regulated Se r vices Is located (w hich herein, monthly ch arges for Services Sha ll begin upon In stallatio n of Se rvi ce , reg ulat ions are subJec t to ch ang e), as well as til e ra tes, t erms, and and Installati on cha rg es , if an y, sha ll be due upo n com pletion of Installatron . cond it io ns contained In ta n ffs on file wi th state and fe deral regul ator y Any amou nt not received by the due da t e shown on the applica ble invoi, will au t ho rr ties. Fo r states w he re t he Reg ul ted Services are de-tan ffed , be subjec t to Interest or a la te ch arge no gr eat er th an the m aximum rate Reg ulate d Servke s a re pro v ided pursua nt to the rat es, term s and allowed by law. Custom er acknowledges and agree t hat If Customer faris to conditi ons for th e Cox Service Gu ide fo r t ha t Stat e (the "SG" ), which ma y pay any amoun ts when due and fa lls to cure such non -payment upon recei pt of be fou nd at htto :l/ww2.cox. co m/b us iness/v oice/requlato ry. cox an d wh ic h w ritten no t ice of non - payme nt from Cox, Cu stome r will be dee med to ha ve such te rm s are Incorporated here in by refe rence . Cox m ay amend su ch terminated thi S Agree ment and will be obligated t o pay the termi na tio n fee ta rrffs ( nd If appli ca ble, t he SG) and the Regula t ed Services sha ll be describe d In Section 5, above. I f appl icable to t he Serv ice, Custo me r sha ll pay subJec to such t ariffs ( or If applicable , the SG), as amen de d . Custo m er sa les, use , g ross rece ipts , and eXCise tax es , ac cess fees and all o the r fees , m ust disclose t o Cox if Customer Intend s t o use t he Regu lated Services uni ve rsal se rvi ce fu nd assessm en ts , 91 1 fe es , Fr nch ise fee s, bypass o r other wit h payphon e service . The t ariffs and the SG co ntai n can ce lla tio n or lo ca l, state and Federa l taxes or cha rges, and depo sits, Impo se d on t he use of te rmrnatlon fee s d ue In the event of cance llation or t er mi natlo fl (mcl ud lng the Serv ices. Taxes Will be separately st ated on Custome r's in v oice . No In terest pa rti al terminati on ) of a Regulated Se rvi ce p rior to th e Term selecte d on wi ll be pai d on depos its unless reqUi r ed by law . the Cov er Page. Term ination fees inc lude, but are not li mi ted to . 6. Service and Install ation Co x shall proV ide Custom er with t he Servi ces no nre curring ch ar ges, cha r es p Id to thi rd parti es on beha lf of Custo mer, identified on th e Cover Pag e and may prOVi de r elated fa cilities and eq uipmen t, an d t he monthly r ecurring char ges for t h ba lance of t he Te rm . the ownershi p of wh ic h sh all be re t ai ned by Cox (th e " Cox Equ ipmen t "), or fo r 2. PBX Usag e a nd E911 Serv ice s PLEAS E REVI EW THE FOLLOWING certa in Servi ces , Customer, ma y purch ase eq uipment from Cox ("Custo m er WEB SI TE FOR I MPORTANT INFORMATI ON ABOUT COX'S 9 11 PRACTICES: Purchased Eq Uipment"). Customer is resp onSible fo r damage t o any faciliti es or h ttp : //ww2. cox .cQ m/hll~in es s/volce/ reqlJ l ato ry .co x, in ad dition t o th e equipment Installed or provided by Cox ( th e "Cox EqUipm ent" ). Custom er may InformatIOn abou t PB X Service and e9 11 Service in Secti on C13 of the use th e Services for any lawfu l purpose, provld(;!d that such purpose (a) does General Tenns. ONLY THE EMTA WI LL HAVE BATTERY BACKU P PROVIDED not in t erfer e or impa ir the Cox netwo rk or Cox Eq ui pm en t and (b) compiles with BY COX . CUSTO, ER I S RESPONSI BLE FOR BATTERY BACKU P FOR THE t he AUP. Custom er shall use t he Cox Eq uipment only fo r th e purpose of l AD, ES BC, ATA AND ALL CUSTOf'l ER EQUI PMENT. I N THE EVENT OF A receiving th e Serv ices. Customer shall use Cust om er Purch ased Equipme nt In POWER OUTAGE, CUSTOMER'S TELEPHON E SERVIC E USING AN EMTA acco rdan ce wi h t he terms of the related equip m en t purch ase agree m en t. WILL CONT INUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH Unless prov ided otherw ise herein, Cox sha ll use com me rCi ally reason able effo rts THE BACKU P BATTERY PROVIDED BY COX. THE DURAT ION OF SERVICE t o maintain t he Serv ice s in accordance w ith applicab le perform ance standards. DURI NG A POWER OUTAGE USI NG AN l AD, ATA, and ESBC WILL DEPEND Cox network m anage m ent needs may req uire Cox to m odify upstream and 01 CU STOMER 'S BATTERY BACKUP CHOICE . IF THE EMTA, ATA, ESBC OR downstream speeds. Use of the data, Internet , web con ferencl ng/web hosting lAD THAT SUPPLI ES YOU R TELEP HONE SERVICE IS DI SCONNECTED OR Services shall be subject to t he AUP at RE MOVED AI DjOR TH E BATTERY IS NOT CHARGED OR IS DAMAGED, http: (f ww 2 .cox .co mf abo utusf ooll cie s/b uslD ess-oolici es. cox, w hich IS SERVICE, INCLU DING ACCESS TO 911 OR E91 1, WIL L NOT BE AVAILA BLE . in co rp ora ted here in by r efe rence . Web hosti ng customer s may view the AUP by COX SHALL NOT BE RESPONSIBLE OR LIA BLE FOR ANY FAIL URE TO clicking on th e co ntrol panel. Cox m ay chang e the AUP from tlme to time RECE IVE SERVICE OR FOR TH E FAILURE OF ANY 9 11 OR E9 11 CALL IF dlm ng the Term. Customer's continued use of the Serv ices fol lOW in g an AUP CUSTOMER REMOVES OR DI SCONNECTS m E EM TA, ATA, ESSC OR lAD amendmen t sha ll cons titute acce pta nt::e . OR I F CU5TOf'I ER FAILS TO CHARG E TH E BATTERY FO R SAID DEV ICES AT 7 . E-Rate Customers I f Custome r is an ed ucation al Ifl Sti t utJo l1 , library or ANY TI ME DU RING TH E TERM OF THIS AGREEME T. COX USES YO UR other entity that qual ifies as an applicant seekrng reimb ursem ent under t he TELEPHON E SERVI CE ADDRESS TO IDENTI FY YOU R LOCATI ON FOR E911 Federa l Uni versal Se rv ice Fun d Schoo ls an d libraries Prog ram (col lectiv el y, " E­ SE RVICE . I F THE EMT A, ATA ESBC AND/OR lAD I NSTA LLED IN YOUR Rate Custo me rs"), the add it ional terms in Section C9 of the Gene ral Terms Will BUSI NESS IS MOVED , TH E E9 11 DI SPA TCH MAY NOT RECEIVE YOUR apply. CORRECT AD DRESS. PLEASE NOTIFY CO X IF YO U WOULD LI KE TO MOVE 8. General Terms The Gene ral Terms are 11ereby inco rp orated in to this OR RELOCATE YOUR TELEP HONE SERV ICE . IT CA N TAKE UP TO 2 Agreem en t by r efe rence. Cox, in Its sole dI scretion , may mOdify, supplement or BUSI NESS DAYS FOR YOUR NEW ADDRE SS TO BE UPDATED. r emov e any of t he Ge neral Term s from t im e to time, wi thout additional notice 3 . Service Sta rt Date and Term Th is Ag reement sha ll be effective to Customer , and an y such changes wi ll be effec ti ve upon COx pu bli shing such upon execu tio n by th e pa rties. The "I nitia l Term " shal l begin upon cha nges on t he webSite listed above. BY EXECUTING THIS AGREEMENT Insta llatio n of Servi ce and sh all con ti nue fo r the applicable Term AND/O R USI NG OR PAYING FOR THE SERVICES, CUSTOMER ACK NOWLEDGES com m i me nt set forth on th e Cover P ge ; provided t hat if Custo mer delays TH AT IT HAS READ, UNDERSTOO D, AN D AGREED TO BE BOUN D BY THE msta llation o r IS not ready t o receive Serv ices on the agreed -upon GENERAL TERM S. Insta lla t ion date , Cox may begin billing for Servi ces-on t he dat e Services 9 . LIMITATION OF LIABILITY COX AND/OR rTS AGENTS SHALL NOT BE wo uld hav e been installe d. Cox sh al l use reasoflable efforts to make t he UABLE FOR DAf'l AGES FO R FAI LURE TO FUR ISH OR INTERRUPTION OF ANY Se rv ices avai labl e by t he req ueste d service date. Cox shall flot be liable SERVICES . NOR SHA LL COX OR I TS AGENTS BE RESPO SI BLE FOR FA ILURE OR For damag es resul ting from delays in m eet in g service dates due to ERRORS IN SIGNA L TR ANS~' I SS I ON, LOST DATA. FILES OR SOFTWARE constructi on delays or reas ons beyond its con t rol. I f Cus tomer delays DAMAGE RE G.J\RDLE SS OF THE CAUSE. CO X SHALL NOT BE LIA BLE FOR Insta ll atio n for period of t hree (3) months o r longer after t he pa rtie s' DAMAGE TO PROPERTY OR FOR INJURY TO ANY PER SON ARI SING FROM THE exec ution of th is Agreeme nt , Cox rese rves t he rr ght 0 terminate thi s I NSTALUI TION OR REM OVAL OF EQU IPMEN T UNLES S CA USED BY THE Ag reement Imm ediate ly at any t ime t he reaft er and Cust omer shal l be NEGLIGENCE OF COX. UNDER NO CI RCUMSTA NCES WILL COX BE U ABLE FOR re sponsib le for the Full am ou nt of construction cos ts an d any oth er rel ated AN Y I NDI RECT, INCIDENTAL, SPECIAL OR CONSEQU ENT I AL DAMAGE S, costs inc urred by Cox as of the date of t ermi na tion . AFTE R THE I NITlAL I NCLU DING LOST PROFrTS , ARI SING FROM THIS AGREEMENT OR ITS TERM, TH IS AGREEfolEN T SHALL AUTOMATl CALLY RENEW FOP ONE (1 ) PRO VI SION OF THE SERVI CES . YE AR TER MS (EACH AN "EXTENDED TERW) UNLES S A PAR'TY G[VE S TH E 1 0 . WARRA NTIES E CEPT AS PROVIDED HEREIN, THERE ARE NO OmER OTHER PARTY WRITTEN T ERMIN ATIO~I NOTl CE AT LEAST THIRTY (3 0) GREE MENTS , WA RRANTI ES OR REPR ES ENTATION S, EXPRES S OR IMPLI ED, DAYS PRIO R TO TH E EXPIRATION OF m E I NITI AL TERM OR THEN EHHER IN FACT OR BY OPERATION OF UlW, STATUTORY OR OTHERW I SE, CU RRENT EXTENDED TERJI<1. " Term " sh all m ean the Ini tial Term and I NCLUDING WARRANTIES OF MERCHANTABILITY AN D FITNESS FOR A E t ended Term (s), if an y . Cox reserves the rrg ht to In crease tes for all PARTICU LAR PURPOSE, RELATI NG TO THE SERVI CES. SERVICES PROVIDED Services by no more tha n te n pe rcen t ( 10% ) during an y Exte nd ed Term by ARE A BEST EFFORTS SERVICE AND CO X DOES OT WARRANT THAT mE providin g Customer wit h at leas t sixty ( 60 ) days writt en fl otice of such rate SERVI CES , EQUrPMENT OR SOfT'll/ARE SHALL BE ERROR -FREE OR WrTHOUT Increase . Th is It mltatlo n on rate Increases shall not appl y to Video erv lces I NTERRU PTIO N. I NTERN ET SPEED S W I LL VAR Y. COX MA ES NO WARRANTY or Services for wh ich rates, t erms and conditions are governed by a Cox S TO TR ANSMISSION OR UPSTREAM OR DOWNSTREAf'l SPEEDS OF THE tarr ff or SG. Upon not ice t o Customer, Cox ma y cha nge the ra t es for vi deo NETWORK. Services periodicall y during the Term . Cox m ay chang the r ates for 11 . Public Performance. I f Customer engages in a pubhc performance of telephone Service subject to a Co x tanff or SG p riodl cally duri ng the an y copyrig hted m ater i I contained In ny of he Services , Custom er, and not Term . For t he voida ce of doubt, promotional tes and promotional Cox, shall be responSible for ob inlng any pu blic performing licenses at di sco un ts provided to Customer will e plre at the end o f the I nitial Term or Customer'S expe nse . The Video Service t hat Cox provides unde r this earlier as set forth In the pro motion lang uage . Cust om er's pa yment for Agreem ent does not incl ude a public performance license. SerVICe after notice of a rate increase wtl l be deemed to be Customer's acceptance of the new rate. Rosemarie Yohannan From: Randy Sims Sent: Thursday, August 21,20148:07 AM To: Rosemarie Yohannan Subject: FW: Renewal Agreements ;Attachments: Carol Knight.vcf; Copy of Rate Sheet for OC BCC.xlsx I will explain this when I see you this morning. Thanks Randy Sims 302 N. Wilson Street Suite 203 Crestview, FI 32536 850-689-5914 You I u:!J, "Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure." .. From: Knight, Carol (CCI-Southeast) [mailto:CaroI.Knight@cox.com] Sent: Wednesday, July 23,2014 11:20 AM To: Randy Sims Subject: RE: Renewal Agreements Here you go. From: Randy Sims [mailto:rsims@co.okaloosa.f1.us] Sent: Wednesday, July 23, 2014 10:53 AM To: Knight, Carol (CCI -Southeast) Subject: RE: Renewal Agreements Hey, Please send me the new rate sheet. I will need to attach it to the new agreements. Thanks, Randy Randy SIms 302 N. Wilson Street SuIte 2 0 3 Crestview, FI 32536 850-689-5914 "Please note: Due to Florida's very brood public records laws, most written communications to or from County employees regarding County business are public recOfds, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure ." APENDIX B SERVICE TERM/PRICE FEATURES PRODUCT DESCRIPTION 1 Yr 2 yr 3yr INliERNET SERVICE Business Internet - VIA HFC IP ADDRESS DYNAMIC INCLUDED - STATIC is additional Email Accounts 10 Email Storage 20 GB allocation Online Back up: Not Included Securtiy 5 Mbps X 1 Mbps $ 84.00 $ 74.00 $ 64.00 Suite: Not included IP ADDRESS DYNAMIC INCLUDED - STATIC is additional Email Accounts 10 Email Storage 20 GB allocation Online Back up: 5 GB 10 Mbps X 2 Mbps $ 134.00 $ 124.00 $ 114.00 Securtiy Suite : 5 Liceses 25 Mbps X 5 Mbsp $ 174.00 $ 164.00 $ 144.00 IP ADDRESS STATIC INCLUDED Email 50 Mbps x 10 Mbps $ 214 .00 $ 204.00 $ 194.00 Accounts 10 Email Storage 100 Mbps X 20 Mbps $ 284.00 $ 274.00 $ 264.00 20 GB allocation Online Back up: 25 GB 150 Mbps X 20 Mbps $ 364.00 $ 354.00 $ 344.00 Securtiy Suite : 25 Licenses Additional Static Ips $ 5.00 $ 5.00 $ 5.00 HOT SPOT WIFI Available depending on numbers of users and size of area Symmetrical Optical Internet provides access for large number of users to tranferring mission- critical information . Bandwidth Options begin at 5Mbps to over a Gbps. Prices vary based on Optical Internet bandwidth and term Connect multiple locations together by combining the siplicity of Ethernet with reliable optical fiber or Coax network. Bandwidths available from 3Mbps to over 1 Gbps. Prices Vary based on Metro -E bandwidth and term PHONE SERVICE Includes Administrator Portal, Group Directory, Call Fwd Always, CB Busy, Not Reachable, Remote Access, Caller Id, three way calling and several other features ... Voice mail is standard, hunting, series completion or directory number Office Plan - Per line $ 37.00 $ 33.00 $ 30.00 hunt Includes Auto Attendant, Call Park, Call Pick up, Music On Hold, Administrator Portal, Group Directory, Call Fwd Always, CB Busy, Not Reachable, Remote Access, Caller Id, three way calling and several other features ... Voicemail is standardwith unified Messaging Hunting, series Anywhere Plan $ 42.00 $ 38.00 $ 35 .00 completion or directory number hunt 23 Voice Grade Lines - 1st 20 DIDs included Additional DIDs PRI $ 450.00 $ 450.00 $ 400.00 and personal mobility available SIP TRUNKS - per trunk $ 18.74 $ 16.57 $ 14.39 Port Charge for Bandwidth and certified PBX required Fax, Alarm or elevator line - 3 per account and account Utility line $ 15.00 $ 15.00 $ 15.00 must include 1 Office or Anywhere line For Inbournt Calls only -allous to remotly configure call Virtual Number $ 20.00 $ 20 .00 $ 20.00 forward  An avanced cloud-based hosted telephone system that delivers business -grade voice services over Cox private network eliminating the need for traditional PBX or Key system. Based on call IP Centrex path quantity and seat quantiy prices will vary Long distance can be tailored based on the needs of the business with options of minute packs or Long Distance unlimited plans Fees Network Interface $ 9.25 $ 9.25 $ 9.25 This is a Per line Charge Bulk Network Interface $ 46.50 $ 46.50 $ 46.50 Applicable on PRI, Ip Centrex and SIP Access Recovery Fee $ 2.00 $ 2.00 $ 2.00 this is a per line Charge (Capped at 10.00 per account) Business TV TV Starter $ 26.99 TV Starter - Additional Outlet $ 2.60 TV Expanded $ 27.01 TV Expanded - Additional Outlet $ 7.40 Additional Services Advanced TV, Sports Packages, HD, DVR Services are available upon request One Time Charges ... Changes To accounts: Additional DIDs, Speed Upgrades, Account Change fees 25 25 25 Other changes Installation 129 99 79 Installation of Service such as internet or phone lines Transfer -Standard COAX 129 99 79 Fiber installation Based on Cost of Construction To location Fiber Transfer Based on Cost of Construction To location c Cox Acco unt Re p: Carol Knight Cox Svstem Address: Commercial Services Ag reement 7/21/ 2014 Ph one Number: 855-637-1206 3405 Mclemore Drive Fa x Nu m b er: 877 -873-7044 Pensacola, FL 32514 !-'.u.mm. lnfonHtIon Auttlortlllld Cwtomw­ Infannatlan Legal Companv N ame: Okaloosa County IS O Full Na me: Randy Sims Street Add ress: 100 COLLEGE BLV BLDG EOC Billing Conta ct: 850-651-7150 City/Stat e/ Zip: Niceville, Florida 32578 Fax: B illing Addres s: IContact N umber: 1(850) 689-5914 City/State/Zi p: . Em ail Address : rs ims@co.okaloosa. n.us Cox Account # : 135 -0151273-01 I I Service Description Prey QTY New QTY Uni t Price Term (Months) Monthly Recurring Ser vice Cha rges One Time Activation & Setup Fees Directory Listing - Non Published 0 1 $0.00 36 $0.00 Access Recovery Fee - Bu lk Facility 0 1 $5.00 36 $5.00 FCC Access Charge - Bulk Facility 1 1 $ 46 .25 M -~1 $46 .25 Cox Digi ta l Trun k PRI 1 1 $400.00 36 $400.00 DID Block - 20 0 1 $3.20 36 $3. 20 Account Change Fee 0 1 $0.00 $0 .00 Tota ls: $454.45 $0.00 I J Description I Qu antity I Unit Pr ice Total Fee I I I For Dedicated Service Facilities (e.g . Private Line Type Services, Ethernet Services). By initialing here and signing below, I No ICustomer represents that at least 10'10 of the traffic on the designated circuit(s) is Inter-State in nature or is Internet traffic. ISpeclaI ConcIlticIM - - - - - -- - -- -- - -- --/ Renewing existing service on new 36 month term. Promotion o.mu. By sign Ing this Agreement, you represent that you are the authorized Customer represe ntative and the information above is true and correct. Th is Agreement binds Customer to the terms and conditions attached to this Agreement and any oth er terms and conditions applicable t o the Services selected above, including without limitation , the Cox tariffs, Service Guides, state and federal regulations, the General Terms located at http ://ww2.cox.com/aboutus/ pol icies/ business-general-terms .cox, and the Cox Acceptable Use Policy (the "A UP"). Customer acknowledges receipt and acceptance of the AUP and the General Terms by signing this Agreem ent. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. Th e 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. Cox may withdraw this proposa l at any time prior to Customer's signature. If, within thirty (30) days after Customer's signature below, Cox determines that Customer's location is 'Oot serviceable under Cox's normal installation guidelines, Cox may terminate this Agreement without liability . If Customer terminates or decreases any Service that is part of a bundle offering, th e remaining Services shall be subject to price increases for the remaining Term . Both parties agree that each party may use electronic Signatu res to sign this Agreement. Unless otherwise agreed to by the parti(> s in a written amendment to this Ag ree ment, Customer shall satiSfy the MRC set forth above for the duration of the Term . Cox may charge Customer a term ination fee equal to the amount of the MRC reduction resulti ng fro m a partial termination of a Service multiplied by the number of months remaining in the Term . If Cox performs an y work including const ruction or incurs any costs to provide Service to Customer and Cust omer cancels th is Agreement prior to Service installation , Customer shall be liable for Cox's reasonable costs in addition to any other termination cha rges. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms . Custom e r Au thorized Si gnature Cox Com m u nlct io ns G.D s t, LLC; Cox Flo rida Telcom, LP Signature : Signature : rr)e ~ ~efi Print : T itle Posit ion : I Titleposition: 3n...ks H~~ Date: Date: [f'/ t?/If/ I _I ~ Version 1.0 : 1210912013 Signed by:Dennis Schroeder@cox.com 7/2212014 2:22:58 ~TO): 08 : 06 r ~ \.:(0.'1) The te rms and conditio ns set forth on the Co ver Page and tj elow (th e 4. Termi nat ion Cu st om er may te rm inate any Se rv ice before the end of the "S erv ice Term s"), t oge the r wi th the Additional Tenns and Cond itIOns Term selected by Cu stom er on t he Cover Page; provided, however , If Custom er avai lable at httD: I/ww 2.cox. com/abQy tus/ po l'l q es/ buslness-general ­ te rm i ~ate5 any su ch Servi ce before th e end of th e Term (except fo r breach by term s. cox (the " General Terms " and coll ec t ivel y with the Se rv ice Ter ms Cox), un less oth erwi se expressly stated In the Gener al Te rm s, Custome r Will be and any other poli cies and t erms in co rp orate d by reference In the Service ob lig ated to pa y a termin ation fee eq ual to the non recurring charges (If unpa id) Te rms, th is " Agreemen t"), will govern Cw stomer's use of th e serv ices and 100 % of tile mo nt hly recurri ng charges fo r t he term inated Servi ce(s) Iden tlfl ed on the attach ed co ver pag e, or if In the Cox BuSi ness e ­ mu lti plied by th e num be r of full mo nths re m aining In the Term . This proviSion com lnerce environrl'lent , a5 select ed above (th e ' Co er Page" ) (e acl'l a survi ves t ermina ti on of the Agreem ent. If Cox is de li ve ring Services via wireless "S rVl ce" ). network facili tie s and ttle re Is sig n I Interference Wltll any such Se rvi ce(s ), Co x 1. Ta r iffs/Service Guide If Cu stom er is purcha sing any Services that may term inate thi S Agre emen t w ithout liability if Cox ca nnot resolve the are regulate l1 by th e FCC or any st ate regu lato ry body ("Re gu la ted Interference by using commerCially reasonab le efforts. Ser Vices"), th en Cu st om er's use of such Reg ul ated Serv ices IS su bject to 5. Payment Cu st om er shall pay for all mon t hly Serv ice charges , plus on e" t he regu latJons of the FC C an d t l1e reg ulato r y body of th e state in whic h t im e set -up , In st allation and/or co nstl-ucti on charg es. Unless stated othe rwi se t he Custo mer location receiv in g these Regu late d Se rvi ces is located ( wh ich he rein, month ly charg es fo r Serv ices shall beg in upon Inst allatIOn of Service, regu lation s are subje ct to eh nge) , as well il,:; the rate s, terms, an d and Ins talla t io n charges, if any, shall be du e upon com pletion of Install Uon. con d itio ns co ntcllrl ed rn tari ffs on file with state il nd Feder I regulatory Any amount not received by the due date sh own on the appli cabl e InV Oice Will authon tl es . For st ate 5 where th e Reg ulated Serv ice s are de-tari ffed, be subj ect to Intere st or a late clla rge no greater th an the mal Im um rate Reg ulated Services are prO v ided pursuan t to the rat es, terms and allowed by law . Customer ackno wledge s and agree s th at If Cu stom er falls to condi ti ons for the Cox Serv ice Guide for t hat Sta t e (the "S G"), wh ,ch may pay any a mo unts w hen d ue an d farls to cu re such non - pay m ent upon receipt of be found at htto :!/ww 2.cox .com / bu5in es s/v ol ce /reg ulatQrY. CQx and whi ch wri tten no ti ce of non -pay ment fmm Cox, Cu st omer will be deem ed to ha ve su ch terms are inco l-p orated herern by re fe rence. Cox m ay am end su ch t erminated this Agre emen t and will be obli gated to pay the t ermina tio n fee ta nffs (a nd if app licabl e, the SG ) and th e Regu lated Serv ices sha ll be describ ed in Secti on 5, above. I f a pplic ab le to the SerVi ce , Cu sto mer sh all pay subj ect to suell ta riffs (o r If applicab le, t he SG), as am en ded. Custo mer sales, use, gross receipt:>, and excise tax es , access fees ~nd all other Fees, m ust disclose to Co x if Customer inte nds to use the Reg ul ated Service s un iversa l serv ice fu nd assessments, 911 fe es, franchise fe es, by pass or ot her Wi t h payph one servi ce . Th e ta n ffs nd the SG conta m can ce lla t iO n o r loca l, state and Feder al ta xes or cha rges, and depOSits , Imposed on the use of t erml na Ion fe es due in t he event of ca ncellation or terml n tion (lncludon g t he Services . Ta xes WIll be sepa rately stated on Custome r's Inv oice. ~I o interest partial t erm ination) of a Regulated Service prior to the Term se lected on w ill be paid on depOSi t s un less requ ired by law. the Cove r P ge. Term in ation fee s include, but are no t lim ited to, 6. Service and Installat ion Cox shall provid e Customer with the Servi ce s non re curri ng cl1arges, ch arges paid to th ird partie s on beila lf of Custome r,­ iden tifi ed on the Cover Pa ge an d ma y provide re lated fa cil ities and eq uipm ent, nd the rnon thly recUrri ng ch rges for the ba lance of tl1e Term. the ownerShip of which sll all be retained by Cox (the "Cox EqUipmen t" ), or for 2. PBX Usage and E911 Serv ices PLEASE REVIe W THE FO LLOWI NG cert ain SerVi ces, Customer, rn ay purchase equipment fro m Cox ("Cus tomer WEBSITE FOR IM PORTA NT I NFORMATION ABOU T CO X'S 9 1 t PRACTICES: Purchased Eq uipmen t "). Custom er is responsible for damage to any farJll tl es or httO :l!ww 2.cQx.co m / b lJ sloess/ vOjce/ regy la t ory. co x, In add ition to th e eq uipme nt Installed or provided by Co x (the "Cox EqU ipme nt " ). Cust om er ma y ,nfo rmati on about PBX Se rvi ce and e91l Service In Secti on C1 3 of th e use the Se rvi ces fo r any lawfu l purpose, provided th at su ch purpose ( a) does General Terms. ONLY TH E EMT A WILL HAVE BATTERY BACKUP PROVIDED not In te rfe re or Impair th e Cox network or Co x EqUi pmen t and (b) com plies With BY COX. CUSTOME R I S RESPONSIBL£ FO R BATTEP,Y BAC KUP FOR TH E the AUP. Cus t ome r- shall use the Cox EqUi pment on ly fo r th e purpose of l AD , ESBC, ATA AND ALL CUSTOt-ol ER EQUI PMENT. IN THE EV ENT OF A rece iVing t he Services. Customer sha ll use Customer Pu rcha sed Eq uipmen t in POWER OUTAG E, CUSTOM ER'S TELEPHONE SERVI CE USING A~I EMTA accordance with the te rms of til e relat ed equipment pu rcha se agree ment. WiLL CONnN UE TO OP ERATE AS US UAL FOR UP TO EIGHT HOURS WITH Un le ss prOVi de d otherwise herein, Cox sha ll use com me rC iall y reas onab le effo rts THE BACKUP BATTE RY PROVI DED BY COX . THE DURATION OF SERVI CE to m aintain the Servi ces in accordance with ap pl icab le perform ance st an dard s. DURING A POWER OUTAGE USING AN lAD, ATA, and ESBC WI LL DEPEN D Cox network m anagem ent needs may req uire Cox to mod ify upst ream and ON CUSTOMER 'S BATTE RY BAC KU P CHOICE. IF THE ETvITA, ATA, ES SC OR downs tre am speeds. Use of the data, Internet, web co nfe re nc lng/ web hosting l AD TH AT SUPPLI ES YOUR TELEPH ONE SERV ICE [S DISCONNECTED OR Serv ices shall be subje ct to tile AUP at REM OV ED AND/ OR THE BATTE RY IS NOT CHARGED OR IS DA I~IA G E D , http://;>I;'I2 .co x .com / abQ utus/ oo licies/ busin ess "polici es.cox, wh ieh is SERV ICE, I NCLU DI NG ACCESS TO 911 OR E911, W[LL NOT BE AVAI LABLE. incorpo ra ted herein by re fere nce. Web hosting customers may view the AUP by COX SHALL NOT BE RESP ONS IB LE OR LIABLE FOR ANY FAILURE TO clICking on the contro l pan el . Cox may cha nge the ,,,UP from ti me to t ime RECE IVE SEPVICE OR FO R TH E FAILURE OF ANY 911 OR E911 CALL IF du n ng the Te rm . Cu stom er's contin ued use of the Serv ices fo ll owing an AUP CUSTOMER REM OV ES OR DISCONNECTS TH E EMTA, ATA, ES SC OR lAD amendment shal l cons tItute acceptan ce. OR IF CU 5TOl"I ER FA I LS TO CHARGE THE BATTER Y FOR SAID DEVICES AT 7 . E-Bate Customers If Cus tomer is an educational Insdtut ,o n, lib rary or ANY TI ME DURING THE TERM OF TH IS AG REEMENT. CO X USES YOUR oth er en tit y that qual ifi es as an applica nt seekrng reimb ursem ent under the TELE PHON E SERVICE ADD RES S TO IDENTIFY YOU R LO CA nON FO R E911 Fed er I Un iv ersa l Se r vice Fund SCl100ls and li braries Prog ram (collecti vely , " E­ SERVIC E. [F THE EMTA, ATA ESSC AN D/OR lAD [ NSTA LlE D I N YOU R Rate Custom ers"), the additIOn al te rm s in Secti on C9 of the General Terms wil l BUSINESS IS ;"lO VED, THE E91 1 DI SPATCH MAY NOT RECEIVE YOU R apply. CORREc r ADDRESS . PLEASE NOTI FY COX IF YOU WOU LD LIK E TO MOVE 8. General Terms The General Terms are hereby Incorporated into tlli s OR RELOCATE YOUR TE LEP HONE SERVICE. IT CA N TAK E UP TO 2 Agree me nt by refere nce. Cox, in its sol e dIscretion , ma y modi fy , supplement or BU SINE SS DAYS FOR YOUR NEW AD DRESS TO BE UPDATED . rem ove any of th e General Terms from time a t im e, without addi tiona l notice 3 . Service Sta rt Da t e and Term Thi s Agre ement sh II be effecti ve t o Custo m er, and an y suc h ch an ges 1'1 111 be effective upon Co x publi sh ing such upon execution by t he parties . The "In itial Term" sha ll begon upo n changes on the we bs ite li ste d above. BY EXECUTlNG TH IS AGREEMENT installati on of Service and sh all continue for the app li ca ble Term AN D/OR US I NG OR PAY ING FOR TH E SERVICES , CUSTOM ER ACKNOWLEDGES commitmen t set fort h o n the Cover Pa ge; provide d tha t if Custom er del ays THAT IT HAS REA D, UNDERST OOD, AND AG REED TO BE BOUND BY THE In sta llati on or is not read y to receive Services on the agree d- upon GEN ERAL TERMS . In st all ation date , Cox may begin bill in g for Serv ices, on the dat e Serv ices 9 . LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHAl l NOT Be wo uld have been installed. Co x sha ll use reaso nable efforts t o make the LI ABLE FO R DAMA GES FOR FAILURE TO FU RNISH OR I NTERR UPTION OF ANY Serv ices availab le by the requested serv ice date . Cox sll ali no t be lia ble SERVICES, NOR SH ALL COX OR ITS AGENTS BE RESPONSI BLE FOR FAILURE OR for dam ages resu lti ng from dela ys In meetin g service dates d ue to ERROR S I N SI GNAL TRANSTvllSS ION, LOST DATA, FI LES OR SOFTWARE con structi on delays or reCl so ns be yon d Its control . If Custom er dela ys DAMAGE REG ARDLE SS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR inst al lation for a perio d of t hree (3) m onths or lon ger after the parties' DA MAGE TO PROPERTY OR FO R INJURY TO ANY PE RS ON ARISI NG FROM THE e~ecutlon of th iS Agree men t, Co x reserv es th e nght to te rmina t e th iS INSTALLATI ON OR REMOVA L OF EQUIPMENT UNLES S CAUS ED BY THE Agreement Imm ediate ly at an y t ime t hereafter and Customer sha ll be NEGLI GENCE OF COX. UNDER NO CIRCUMSTANCES WILL CO X BE UABLE FOR re spo ns il~le Fo r the fu ll amo unt of constru cti on costs an d an y other related ANY I NDI RED, INCIDENTAL, SPECIAL OR CO NSEQUENTI AL DAMA GES, costs Incurred by Cox as of the date of te rm rna tion. AFTER THE I NITI AL INCLUD ING LOST PROFITS, ARISING FR OM TH1 S AGREEf'I EN T OR ITS TERM , TH I S AG REEMENT SHALL AUTOMATI CA LLY RENEW FO R ONE (1) PROVI SION OF THE SERVICES. YEAR TERMS ( EACH AN " EXTEN DED TERM") UNLESS A PARTY GI VES THE 10. WA RRANTI ES EXCE PT AS PROV roED HEREIN, THERE ARE NO OTHER OTH ER PARTY' WRITIEN T E R MI ~I A TI ON NOT ICE AT LEAST TH IRTY' (3 0) A GREEM E~JTS , WA RRANTI ES OR REPRESENTATIONS, EXP RESS OR IMPLIED, DAYS PRI OR TO THE EX PlRAn ON OF THE I~IrT IA L TE RM OR THEN ElTl"'iER IN FACT OR BY OPERATION OF LA W, STATUTO RY OR OTHERW ISE, CURRENT EXTENDE D TERM . " Term" shall mea n the Initial Term an d INCLUDI NG WA.RRANTIE S OF MERCHANTABILI TY' AN D FITNESS FOR A Extended Tenn (5 ), If an y. Cox reserves the right t o increase rates for all PARTICULAR PU RPOSE, RE LATI NG TO THE SERVICES. SERVI CES PROVID ED Services by no more than te n pe rce nt ( 10 %) during an y Extended Term by ARE A BEST EFFO RTS SERVI CE AND COX DOES NOT WARRANT TH AT THE pro Vi din g Cust om er With a t leas t six ty (60) days w ritte n not1 ce of su ch rate SERVICE S, EQU I PMENT OR SOFTWARE SHAU BE ERROR-FREE OR WITHOUT Increase. TIlls lim itation on rate Increa ses sha ll no t appl y t o vid eo Serv ices INTERRU pnON . I NTERNET SPEED S WILL VARY. COX MAKE S NO WARRANTY' or Services for wh ich rates, term s and conditi ons are gove rned by a Cox AS TO TRAN SMIS SI ON OR UPSTREAM OR DOWN STREAM SPEEDS OF THE tariff or SG . Upon notice to Cu stome r, Cox may change the rates for vid eo NETW ORK. Services periodicall y dunng the Term . Cox may change the rate s or 11 . Public Perfo rm ance. I f Cust ome ," en gages in a pu blic perform ance o f telephone Se rvice subject to a Cox ta riff Of SG pertodicclly during the ny cop yrighted mate rial con ta ined In a ny of the Services, Customer, and not Term . For th e avoid neE' of dou bt , prom otional rates and prom otJOn al Co x, shall be responsible for ob tain ing an y publIC perform on g lice nses at di scounts provided to Customer WIll ex pi re at the end of ttl e I niti al Ter m or Cust omer's expe nse . The Video Service t ha t Cox provi des unde r this earlier as set forth In the promotion lan gu ag e. Customer's paym ent for Ag reement does not Includ e a public performan ce license , Service afte r notice of a rate Increase will be deemed to be c ustome r's acceptance of the new rate. Rosemarie Yohannan From: Randy Sims Sent: Thursday, August 21, 2014 8:07 AM To: Rosemarie Yohannan Subject: FW: Renewal Agreements ;Attachments: Carol Knight.vef; Copy of Rate Sheet for OC BCC.xlsx I will explain this when I see you this morning. Thanks Randy Sims 302 N . Wilson Street Suite 203 Crestview, FI 32536 850·6 89-59 14 [g. "Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure." From: Knight, Carol (CCI-Southeast) [mailto:CaroI.Knight@cox.com] Sent: Wednesday, July 23,2014 11:20 AM To: Randy Sims Subject: RE: Renewal Agreements . Here you go. From: Randy Sims [mailto:rsims@co.okaloosa.fLus] Sent: Wednesday, July 23, 2014 10:53 AM To: Knight, Carol (CCI-Southeast) Subject: RE: Renewal Agreements Hey, Please send me the new rate sheet. I will need to attach it to the new agreements, Thanks, Randy Randy Sims 302 N. Wilson Street Suite 203 Crestview, FI 32536 850-689~9 14 "Please note: Due to Florida's very brood public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure." 1 APENDIX B SERVICE TE RM/PRICE FEATURES PRODUCT DE SCRIPTION 1 Yr 2 yr 3yr INTERNET SERVICE ' . Business Internet - VIA HFC IP ADDRESS DYNAMIC INCLUDED - ~ATIC is additional Email Accounts 10 Email Storage 20 GB allocation Online Back up: Not Included Securtiy 5 Mbps Xl Mbps $ 84.00 $ 74.00 $ 64.00 Suite: Not included IP ADDRESS DYNAMIC INCLUDED - STATIC is additional Email Accounts 10 Email Storage 20 GB allocation· Online Back up : 5 GB 10 Mbps X 2 Mbps $ 134 .00$ 124.00 $ 114.00 Securtiy Suite: 5 Liceses 25 Mbps X 5 Mbsp $ 174.00 $ 164.00 $ 144.00 IP ADDRESS STATIC INCLUDED Email 50 Mbps x 10 Mbps $ 214.00 $ 204.00 $ 194.00 Accounts 10 Email Storage 100 Mbps X 20 Mbps $ 284.00 $ 274.00 $ 264.00 20 GB allocation Online Back up: 25 GB 150 Mbps X 20 Mbps $ 364.00 $ 354.00 $ 344.00 Securtiy Suite: 25 Licenses Additional Static Ips $ 5.00 $ 5.00 $ 5.00 HOT SPOT WIFI Available depending on numbers of users and size of area Symmetrical Optical Internet provides access for large number of users to tranferring mission- critical information . Bandwidth Options begin at 5Mbps to over a Gbps. Prices vary based on Optical Internet bandwidth and term Connect multiple locations together by combining the siplicity of Ethernet with reliable optical fiber or Coax network. Bandwidths available from 3Mbps to over 1 Gbps. Prices Vary based on Metro -E bandwidth and term PHONE SERVICE Includes Administrator Portal, Group Directory, Call Fwd Always, CB Busy, Not Reachable, Remote Access, Caller Id, three way calling and several other features ... Voicemail is standard, hunting, series completion or directory number Office Plan - Per line $ 37.00 $ 33.00 $ 30.00 hunt Includes Auto Attendant, Call Park, Call Pick up, Music On Hold, Administrator Portal, Group Directory, Call Fwd Always, CB Busy, Not Reachable, Remote Access, Caller Id, three way calling and several other features ... Voicemail is standardwith unified Messaging Hunting, series Anywhere Plan $ 42 .00 $ 38 .00 $ 35 .00 completion or directory number hunt 23 Voice Grade Lines - 1st 20 DIDs included Additional DIDs PRI $ 450 .00 $ 450.00 $ 400.00 and personal mobility availa ble SIP TRUNKS - per tru!lk $ 18.74 $ 16.57 $ 14.39 Port Charge for Bandwidth and certified PBX required Fax, Alarm or elevator line - 3 per account and account Utility line $ 15.00 $ 15.00 $ 15.00 must include 1 Office or Anywhere line For Inbournt Calls only -allous to remotly configure call Virtual Number $ 20.00 $ 20.00 $ 20 .00 forward  An avanced cloud-based hosted telephone system that delivers business -grade voice services over Cox private network eliminating the need for traditional PBX or Key system. Based on call IP Centrex path quantity and seat quantiy prices will vary .' . . ,. Long distance can be tailored based on the needs of the business with options of minute packs or Long Dista nce unlimited plans Fees Network Interface $ 9.25 $ 9.25 $ 9.25 This is a Per line Charge Bulk Network Interface $ 46.50 $ 46.50 $ 46.50 Applicable on PRI, Ip Centrex and SIP Access Recovery Fee $ 2.00 $ 2.00 $ 2.00 this is a per line Charge (Capped at 10.00 per account) Business TV TV Starter $ 26.99 TV Starter - Additional Outlet $ 2.60 TV Expanded $ 27.01 TV Expanded - Additional Outlet $ 7.40 Additional Services Advanced TV, Sports Packages, HD, DVR Services are available upon request One Time Charges ........ Changes To accounts: Additional DIDs, Speed Upgrades, Account Change fees 25 25 25 Other changes Installation 129 99 79 Installation of Service such as internet or phone lines Transfer -Standard COAX 129 99 79 Fiber installation Based on Cost of Construction To location Fiber Transfer Based on Cost of Construction To location c Cox Accoun t Rep : Carol Knight I Cox Syst em Ad dress: Commercial Services Ag reement 7/21/2014 Phone Num ber; 855-637-1206 3405 Mclemore Drive Fax Number: 877-873-7044 Pen sacola, FL 325 14 0 2 "... JnfonnaIIan Authori. . c:u.tam. lnfonItaIIan Legal Company Name: OKALOOSA COUNTY BCC Full Name: Robert Card Street Addr ess: 50 2ND ST Billing Contact: ( 850) 689- 5046 City /State/Zip: SHAUMAR, Florida 32579 Fax: Billing Add ress: Contact Number: ( 850) 689-5046 City /State/Zi p: Email Address: rcard @co.okaloosa .n.us Cox Account #: 135-0083056-02 Tax_ and P_ Not IncIucI.cI Service Description Prey New Unit Term Service Charges QTY QTY Price (Months) Monthly Recurring One Time Activation .. Setup Fees Access Recovery Fee - Bulk Facility 1 1 $5.00 36 $ 5.00 FCC Access Charge - Bulk FaCi lity 1 1 $46.25 M-M $46.25 COK Digital Trun k PRJ 1 1 $400.00 36 $400.00 DID 100 Number Block-Per Block 1 1 $15.00 36 $15.00 DID Block - 20 1 1 $ 3.20 36 $3 .20 Bloc.k Oper ator ASSisted Calls 1 1 $0 .00 36 $0.00 A.ccou nt Change ~ 0 1 $ 0.00 $0.00 I I I I Totals : $469.45 $0.00 r EqulPlMftt ct.arv- .--­ I Descripti o n I Quantity I Unit Price Total Fee I I I If _ _ Dad' atad SenrIce P8dIltla• . 1 For Dedicated Service Facilities (e.g . Private Une Type Services, Ethernet Services). By Initialing here and Signing below, No Customer represents that at least 10% of the traffic on the deSignated circuit(s) is Inter-State in nature Or is Internet traffic. r..... ~ renewing services on new 36 month term. ~ By signing this Agreement, you represent that you are the' authorized Customer representative and the informat ion above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement and any other terms and conditions applicable to the Services selected above, including without limitation, the COK tariffs, Service Guides, state and federal regulations, the General Terms located at http;//ww2 .coK .com/ aboutus/policles/business-generai-term S.COK, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of 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 COK unchanged within thirty (30) days from the date above. COK may withdraw this proposal at any time prior to Customer's signature. If, within thirty (30) days after Customer's signature below, Cox determines that Customer's location is not serviceable under Cox's normal installation guidelines, COK may terminate this Agreement without liability. If Customer term inates or decreases any Service that is part of a bundle offering, the remaining Services shall be subject to price Increases for the remaining Term. Both parties agree that each party may use electronic signatures to sign this Agreement. Unless otherwise agreed to by the parti~s in a written amendment to this Agreement, Customer shall satisfy the MRC set forth above for the duration of the Term. COK may charge Customer a termination fee equal to the amount of the MRC reduction resulting from a partial termination of a Service multiplied by the number of months remaining in the Term. If Cox performs any work including construction or incurs any costs to provide Service to Customer and Customer cancels this Agreement prior to Service installation, Customer shall be liable for Cox's reasonable costs in addition to any other termination charges. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox commU \ "3ti( jast, LLC; Cox Florida Teleom, LP Signature : Signature: ft't! ~/J .-,..tZ ]1,j . i~"'" - Print: Pnnt 1'7.., (3 L? ~~-t'-- Title Position: TitlePosition:~..s .d~'£'~Y Date: Date : Rj;;!-Ltt/ ...; Signed by:Dennis.Schroeder@cox.com Version 1.0 : 12109/ 2013 7/22120 142 :22 :38 JlINg(UTQ):06:30 I The terms and conditions set forth on the Cover Page and below (the 4. Termination Customer may terminate any Service before the end of the "Service Terms"), together with the Additional Terms and Conditions Term selected by Customer on the Cover Page; provided, however, if Customer available at htto :lIww2 .cox .com/aboutus/oolicies/business-general­ terminates any such Service before the end of the Term (except for breach by terms . cox (the "General Terms" and collectively with the Service Terms Cox), unless otherwise expressly stated in the General Te rms, Customer w ill be and any other policies and terms incorporated by refe rence in the Service obligated to pay a termination fee equal to the nonrecurring charges (if unpc id) Terms, this "Agreement"), will govern Customer's use of the services and 100% of the monthly recurring charges for the terminated Service(s) identified on the attached cover page, or if in the Cox' -Business e­ multiplied by the number" of full months remaining in the Term. This provision commerce environment, as selected above (the " Cover Page") (each a survives termination of the Agreement. If Cox is delivering Services via wireless "Service"). network facilities and there is Signal interference with any such Service(s), Cox L Tariffs/Service Guide If Customer is purchasing any Services that may terminate this Agreement without liability if Cox cannot resolve the are regulated by the FCC or any state regulatory body ("Regulated interference by using commercially reasonable efforts . Services"), then Customer's use of such Regulated Services is subject to 5. Payment Customer shall pay for all monthly Service charges, plus one­ the regulations of the FCC and the regulatory body of the state in which time set-up, installation and/or construction charges. Unless stated otherni se the Customer location receiving these Regulated Services is located (which herein, mo nthly charges for· Services shall 'begin upon installation of Service, regulations are subject to change), as well as the rates, terms, and and installation charges,' if any, shall be due upon completion of installa tion . conditions contained in tariffs on file with state and federal regulatory Any amount not received by the due date shown on the applicable invoice w ill authorities. For states where the Regulated Services are de-tariffed, be subject to interest or a late charge no greater than the maximum ra t e Regulated Services are provided pursuant to the rates, terms and allowed by law. Customer acknowledges and agrees that if Customer fa ils to conditions for the Cox Service Guide for that State (the "SG"), which may pay any amounts when due and fails to cure such non-payment upon receipt of be found at htto:llww2.cox.comLbusiness/voice/regulatory.cox and which written notice of non-payment from Cox, Customer will be deemed to have such terms are incorporated herein by reference. Cox may amend such terminated this Agreement and will be obligated to pay the termination fee tariffs (and if applicable, the SG) and the Regulated Services shall be described in Section 5, above. If applicable to the Service, Customer sha ll pay subject to such tariffs (or if applicable, the SG), as amended. Customer sales, use, gross receipts, and excise taxes, access fees and all other fee s, must disclose to Cox if Customer intends to use the Regulated Services universal service fund assessments, 911 fees, franchise fees, bypass or otr-.er with payphone service. The tariffs and the SG contain cancellation or local, state and Federal taxes or charges, and deposits, imposed on the use of termination fees due in the event of cancellation or termination (including the Serv ices. Taxes will be separately stated on Customer's invoice. No interEst partial termination) of a Regulated Service prior to the Term selected on will be pa id on deposits unless required by law. the Cover Page . Termination fees include, but are not limited to, 6, Service and Installation Cox shall provide Customer with the ServiCES nonrecurring charges, charges paid to third parties on behalf of Customer, identifi ed on the Cover Page and may provide related facilities and equipme n , and the monthly recurring charges for the balance of the Term. the ownership of which shall be retained by Cox (the "Cox Equipment"), or for 2. PBX Usage and E911 Services PLEASE REVIEW THE FOLLOWING certain Services, Customer, may purchase equipment from Cox ("Custome r WEBSITE FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES : Purchased EqUipment"). Customer is responsible for damage to any facilitie s or http://ww2.cox.com/business/voice/requlatory.cox, in addition to the equ ipment installed or provided by Cox (the "Cox EqUipment") . Customer may information about PBX Service and e911 Service in Section CD of the use the Services for any lawful purpose, provided that such purpose (a) doe s General Terms. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED not interfere or impair the Cox network or Cox Equipment and (b) complies with BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE the AUP. Customer shall use the Cox Equipment only for the purpose of lAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A rece ivi ng the Services. Customer shall use Customer Purchased Equipme nt in POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA accordance with the terms of the related equipment purchase agreeme nt . WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH Unless provided otherwise herein, Cox shall use commercially reasonable efior"cS THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE to maintain the Services in accordance with applicable performance standards. DURING A POWER OUTAGE USING AN lAD, ATA, and ESBC WILL DEPEND Cox network management needs may require Cox to modify upstream and ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESSC OR downstream speeds. Use of the data, Internet, web conferencing/web hosting lAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR Services shall be subject to the AUP at REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, http://ww2 .cox .com/aboutus/Dolicies/busi ness-policies .cox, which is SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. incorporated herein by reference. Web hosting customers may view the AUP by COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO clicking on the control panel. Cox may change the AUP from time to ti m e RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF during the Term. Customer's continued use of the Services following an AUP CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR lAD amendment shall constitute acceptance. OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT 7. E-Rate Customers If Customer is an educational institution, library or ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR other entity that qualifies as an applicant seeking reimbursement under the TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 Federal Universal Service Fund Schools and Libraries Program (collectively, " E­ SERVICE. IF THE EMTA, ATA ESBC AND/OR lAD INSTALLED IN YOUR Rate Customers"), the additional terms in Section C9 of the General Terms w ill BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR apply. CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE 8. General Terms The General Terms are hereby incorporated into th is OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 Ag~ee m ent by reference. Cox, inits sole discretion, may modify, supplement or BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. remove any of the General Terms from time to time, without additional noti ce 3. Service Start Date and Term This Agreement shall be effective to Customer, and any such changes will be effective upon Cox publishing such upon execution by the parties . The "Initial Term" shall begin upon changes on the website listed above. BY EXECUTING THIS AGREEI-1E,' 'T installation of Service and shall continue for the applicable Term AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES co mmitment set forth on the Cover Page; provided that if Customer delays THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THe installation or is not ready to receive Services on the agreed-upon GENERAL TERMS. installation date, Cox may begin billing for Services 'on the date Services 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT BE would have been installed. Cox shall use reasonable efforts to make the LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY Services available by the requested service date. Cox shall not be liable SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OK for damages resulting from delays in meeting service dates due to ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE construction delays or reasons beyond its contro/. If Customer delays DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR installation for a period of three (3) months or longer after the parties' DAMAGE TO PROPERTY OR FOR INJURY TO AN Y PERSON ARISING FROM THE execution of this Agreement, Cox reserves the right to terminate this INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE Agreement immediately at any time thereafter and Customer shall be NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR responsible for the full amount of construction costs and any other related ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, costs incurred by Cox as of the date of termination. AFTER THE INITIAL INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS TERM, nilS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) PROVISION OF THE SERVICES. YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE 10. WARRANTIES EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) AGREEI-IENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIeD, DAYS PRIOR TO THE EXPIRATION OF THE INmAL TERM OR THEN EfTHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, CURRENT EXTENDED TERM. "Term" shall mean the Initia l Term and INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A Extended Term (s), if any. Cox reserves the right to increase rates for all PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED Services by no more than ten percent (10%) during any Extended Term by ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THe providing Customer with at least sixty (60) days written notice of such rate SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT increase. This limitation on rate increases shall not apply to video Services INTERRUPTION. INTERNET SPEEDS WILL VARY. COX MAKES NO WARRANTY or Services for which rates, terms and conditions are governed by a Cox AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE tariff or SG. Upon notice to Customer, Cox may change the rates for video NETWORK. Services periodically during the Term. Cox may change the rates for 11. Public Performance. If Customer engages in a public performance of telephone Service subject to a Cox tariff or SG periodically during the any copyrighted material contained in any of the Services, Customer, and not Term. For the aVOidance of doubt, promotional rates and promotional Cox, shall be responsible for obtaining any public performing licenses at discounts provided to Customer will expire at the end of the Initial Term or Customer's expense. The Video Service that Cox provides earlier as set forth in the promotion language . Customer's payment for Agreement does not include a public performance license . Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. Signed by :Dennis.Schroeder@cox .com 7/22i2014 22238 AM (UTe) Rosemarice Yohannan From: Randy Sims Sent: Thursday, August 21, 2014 8:07 AM To: Rosemarie Yohannan Subject: FW: Renewal Agreements ~ Attachments: Carol Knight.vcf; Copy of Rate Sheet for OC BCC .xlsx I will explain this when I see you this morning. Thanks Randy Sims 302 N. WiI'son Street Suite 203 Crestview, FI 32536 850-689-5914 "Please note: Due to Florida's very broad public records IQ\Ys, most written communications to or from County employees regording County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure." From: Knight, Carol (CCI-Southeast) [mailto:CaroI.Knight@cox.com] Sent: Wednesday, July 23, 2014 11:20 AM To: Randy Sims Subject: RE: Renewal Agreements Here you go. From: Randy Sims [mailto:rsims@co.okaloosa.fl.us] Sent: Wednesday, July 23, 2014 10:53 AM To: Knight, Carol (CCI-Southeast) Subject: RE: Renewal Agreements Hey, Please send me the new rate sheet. I will need to attach it to the new agreements. Thanks, Randy Randy Sims 302 N. Wilson Street Suite 203 Cre st view, FI 32536 850-689-5914 ~I = "Please note: Due to Florida's very broad public records lows, most written communications to or from County employees regarding County business are public records, available to the public ond media upon request. Therefore, this writ1en e-mail communication, including your e-mail address. may be subjecf to public disclosure." A PENDIX B SERVICE TERM/PRICE FEATURES ' . .. PRODUCT DESCRIPTION 1 Yr 2 yr 3yr INTERNET SERVICE Business Internet - VIA HFC IP ADDRESS DYNAMIC INCLUDED - STATIC is additional Email Accounts 10 Email Storage 20 GB allocation Online Back up: Not Included Securtiy 5 Mbps X 1 Mbps $ 84.00 $ 74.00 $ 64.00 Suite: Not included IP ADDRESS DYNAMIC INCLUDED - STATIC is additional Email Accounts 10 Email Storage 20 GB allocation Online Back up: 5 GB 10 Mbps X 2 Mbps $ 134.00 $ 124.00 $ 114.00 Securtiy Suite: 5 Liceses 25 Mbps X 5 Mbsp $ 174.00 $ 164.00 $ 144.00 IP ADDRESS STATIC INCLUDED Email 50 Mbps x 10 Mbps $ 214.00 $ 204.00 $ 194.00 Accounts 10 Email Storage 100 Mbps X 20 Mbps $ 284.00 $ 274.00 $ 264.00 20 GB allocation Online Back up: 25 GB 150 Mbps X 20 Mbps $ 364.00 $ 354.00 $ 344.00 Securtiy Suite: 25 Licenses Additional Static Ips $ 5.00 $ 5.00 $ 5.00 HOT SPOT WIFI Available depending on numbers of users and size of area Symmetrical Optical Internet provides access for large number of users to tranferring mission- critical information. Bandwidth Options begin at 5Mbps to over a Gbps. Prices vary based on Optical Internet bandwidth and term Connect multiple locations together by combining the siplicity of Ethernet with reliable optical fiber or Coax network. Bandwidths available from 3Mbps to over 1 Gbps. Prices Vary based on Metro -E bandwidth and term PH ONE SERVICE Includes Administrator Portal, Group Directory, Call Fwd Always, CB Busy, Not Reachable, Remote Access, Caller Id, three way calling and several other features ... Voicemail is standard, hunting, series completion or directory number Office Plan - Per line $ 37.00 $ 33.00 $ 30.00 hunt Includes Auto Attendant, Call Park, Call Pick up, Music On Hold, Administrator Portal, Group Directory, Call Fwd Always, CB Busy, Not Reachable, Remote Access, Caller Id, three way calling and several other features ... Voicemail is standardwith unified Messaging Hunting, series Anywhere Plan $ 42.00 $ 38.00 $ 35.00 completion or directory number hunt 23 Voice Grade Lines - 1st 20 DlDs included Additional DIDs PRI $ 450.00 $ 450.00 $ 400.00 and personal mobility available SIP TRUNKS - per tru'lk $ 18.74 $ 16.57 $ 14.39 Port Charge for Bandwidth and certified PBX required Fax, Alarm or elevator line - 3 per account and account Utility line $ 15.00 $ 15.00 $ 15.00 must include 1 Office or Anywhere line For Inbournt Calls only -allous to remotly configure call Virtual Number $ 20.00 $ 20.00 $ 20.00 forward  An avanced cloud-based hosted telephone system that delivers business -grc de voice services over Cox private network eliminating the need for traditional PBX or Key syste m _ Based on call IP Centrex path quantity and seat quantiy prices will vary Long distance can be tailored based on the needs of the business with optio ns of minute packs or Long Distance unlimited plans I Fees 'Network Interface $ 9.25 $ 9.25 $ 9.25 This is a Per line Charge Bulk Network Interface $ 46 .50 $ 46.50 $ 46.50 Applicable on PRI, Ip Centrex and SIP I Access Recovery Fee $ 2.00 $ 2.00 $ 2.00 this is a per line Charge (Capped at 10.00 per account) Business TV TV Starter $ 26.99 TV Starter - Additional Outlet $ 2.60 TV Expanded $ 27.01 !TV Expanded - Additional Outlet $ 7.40 Additional Services Advanced TV, Sports Packages, HD, DVR Services are available upon request One Time Charges . I Changes To accounts: Additional DIDs, Speed Upgrades, Account Change fees 25 25 25 Other change s Installation 129 99 79 Installation of Service such as internet or ;: ~one lines Transfer -Standard COAX 129 99 79 IFiber installation Based on Cost of Construction To location Fiber Transfer Based on Cost of Construction To location