Okaloosa County BOCC — September 2, 2014 — Agenda — reading text

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 ' . ..