Fort Walton Beach Council agenda — 10-12-2010 Regular — reading text

network may, at various time intervals, be down due to, but not restricted to, 10. 1_IMITATION_OF LIABILITY COX SHALL NOT BE LIABLE FOR DAMAGES utility interruption, maintenance, equipment failure, natural disaster, acts of FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR God, or human error. Cox shall not be liable to Customer for such outages or server downtime. SHALL COX BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR 18. Digital Millennium Cooyriaht Act Cox is registered under the Digital Millennium Copyright Act of 1998. Pursuant to 17 U. S. C. Section 512( c) 3, if FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. you believe that a Web page hosted by Cox is violating your rights under U. S. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY SPECIAL OR copyright law, you may file a complaint with Cox's designated agent. Please CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING FROM THIS contact DMCA@Cox. com for information necessary to file your complaint with Cox. AGREEMENT. 14. 11. Assignment Customer may not assign or transfer any part of this E -Rate Customers This paragraph applies only to educational Agreement without the prior written consent of Cox. Cox may assign this institutions Service Fund. or libraries seeking reimbursement under the Federal Universal Agreement and Service may be provided by one or more legally authorized Division, " Customer shall apply annually to the Schools and Libraries Cox affiliates. SLD" for E -Rate funding and Customer shall designate Cox as its provider of Services. Customer shall also provide Cox with all documentation 12. Warranties EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER that is in response to all queries, inquires and requests as part of the AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, Program Integrity Assurance ( PIA) process within three ( 3) business days of EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, receipt and /or delivery thereof. Customer also acknowledges that increases INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A and decreases in funding for Services may occur from the SLD. If Customer PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED is denied SLD funding for any reason, Cox may then elect to decrease the ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE level of Services provided to Customer. If full E -Rate funding is not received SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT within 6 months of application date, or by the opening of the application INTERRUPTION. COX MAKES NO WARRANTY AS TO TRANSMISSION OR window for the following funding year, then Cox may terminate the UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. Agreement without further liability to either party. Additionally, if full E - Rate 13, Indemnity Customer shall indemnify and hold Cox and its respective funding is not received and Cox elects to terminate the Services during the Term, then Customer may be subject to termination liabilities. affiliates, subcontractors, employees or agents harmless ( including payment of reasonable attorneys fees) from and against any claim, actions or 20. VoiceManaaer Service In addition to these terms and conditions, if demands relating to or arising out of Customer's use of the Service including Customer conditions purchases VoiceManager under this Agreement, the terms and without limitation: ( i) any content or software displayed, distributed or located at http:// otherwise disseminated by the Customer, its employees, or users of the www. coxbusiness. com/ products/ voice/ voice!manaaer and set forth in Services, (ii) any claim that Customer's content or registration and Sections A. 2, A. 3, and A.4 of this Agreement shall apply to VoiceManager. maintenance of Customer's selected domain name( s), infringes on the The VoiceManager web site contains descriptions and charges for a network patent, copyright, trademark or other intellectual property right of any third Interface fee and ancillary services such as directory assistance, 411 charges, party; (iii) any act in violation of any laws committed by Customer, its directory listing and operator services. Prices and rates for the network employees or users using the Services; and /or ( Iv) violation by Customer, its interface fee and ancillary services are subject to change from time to time employees or authorized users of the Cox AUP. during the term of this Agreement. The VoiceManager web site is 14. Viruses. Content, incorporated into this Agreement as if fully set forth herein. Customer Information Software or content 21. Demarcation obtained from the use of Service may contain viruses or other harmful The demarcation point for 1) Cox' s telephone service, is Features and Customer is solely responsible for protecting its network, the punch -down box installed by Cox at Customer's location; and 2) Cox's equipment, and software through the use of firewalls, anti -virus, and other internet service, is the Ethernet port of the internet connection provided to security devices. Through the use of the Service, Customer may obtain or Customer by Cox. Unless otherwise agreed by the parties, Customer is discover content that is offensive or illegal and Customer assumes the risk responsible for wiring, cabling, equipment and access beyond the applicable demarcation points. and is solely responsible for its access to such content. Cox may disclose Customer information to law enforcement or to any Cox affiliate. Cox may delete any Internet traffic or e- mail that contains a virus. If Customer operates a wireless local access network in connection with the Services, Customer is solely responsible for the security of its network. Use of the Service is subject to Cox' s privacy policy posted at b=: Ilwww-Cox. com/ policv/--#Online Privacy Policy. 15. Miscellaneous This Agreement, the tariffs, and the documents referenced herein constitute the entire agreement between Cox and Customer for the Services and equipment. The invalidity or unenforceability Page 3 of 3  CITY COUNCIL MEETING October 12, 2010 Consent Agenda Verizon Wireless Service Synopsis: Staffrequests authorization for the City Manager to approve the purchase ofservices from Verizon Wireless at State contract pricing Agenda Item Number: 8. 4  CITY COUNCIL MEETING October 12, 2010 Ordinance on Second Reading Ordinance 1826. Assistant City Clerk. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH REPEALING ORDINANCE 608 DATED AUGUST 13, 1974; AUTHORIZING THE CITY CLERK TO DESIGNATE AN ASSISTANT CITY CLERK IN THE ABSENCE OF THE CITY CLERK; AND ESTABLISHING AN EFFECTIVE DATE. Synopsis: Provides for a person to act as the City Clerk in the absence of the appointed City Clerk Agenda Item Number: 12. 1  CITY COUNCIL MEETING October 12, 2010 Consent Agenda Verizon Wireless Service Synopsis: Staff requests authorization for the City Manager to approve the purchase ofservices from Verizon Wireless at State contract pricing Agenda Item Number: 8A  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Meams, City Manager From: David Jenzen, IT Director Date: