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1South Miami F I a r i d a CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER •pmerica ci INTER - OFFICE MEMORANDUM 2001 TO: Honorable Mayor Stoddard and M ers of the Commiss n VIA: Hector Mirabile, Ph. D., City Ma ge FROM: Alfredo Riverol, Finance Director DATE: May 10 h A da It. , 201 I em—No RE: Internet and Telecommunications - Related Service Agreement Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with the firm of Windstream Corporation for the provision of internet and telecommunications - related services at the rate of $325.00 per month for the duration of a two (2) year term (a cumulative amount of $1,625.00 for the remaining five (5) month period of the current fiscal year), and providing for an effective date. Background: The City currently has a month -to -month agreement with AT &T for internet and telecommunications - related services at an approximate rate of $649.00 per month. The City seeks to enter into an agreement with the firm of Windstream Corporation for the provision of said services. The agreement would provide the City with internet and telecommunications - related services at the rate of $325.00 per month for the duration of a two (2) year term (a cumulative amount of $1,625.00 for the remaining five (5) month period of the current fiscal year). $325.00 per month for a two (2) year term. A cumulative amount of Amount: $1,625.00 for the remaining five (5) month period of the current fiscal year. Account Number Account No. 001 - 1320 -513 -4120 with current balance of $10,646.11. and Balance: Supporting ■ Service Agreement Documentation: a Supporting Emails ■ Proposals 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO.: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with the firm of Windstream Corporation for the provision of internet and telecommunications - related services at the rate of $325.00 per month for the duration of a two (2) year term (a cumulative amount of $1,625.00 for the remaining five (5) month period of the current fiscal year), and providing for an effective date. WHEREAS, the City currently has a month -to -month agreement with AT &T for the provision of internet and telecommunications - related services at the approximate rate of $649.00 per month; and WHEREAS, the City seeks to enter into a term contract with the firm of Windstream Corporation for the provision of said services; and WHEREAS, the contract with the Windstream Corporation would provide the City with internet and telecommunications - related services at the rate of $325.00 per month for the duration of a two (2) year term; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to execute an agreement with Windstream Corporation at the rate of $325.00 per month for the duration of a two (2) year term (a cumulative amount of $1,625.00 for the remaining five (5) month period of the current fiscal year). Section 2. This expenditure shall be charged to the Telephone Service Account No. 001 -1320- 513 -4120 with a current account balance of $10,646.11. Section 3. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this _ day of , 2011. MItM_a to City Clerk READ AND APPROVED AS TO FORM AND SUFFICIENCY: City Attorney APPROVED: Mayor COMMISSION VOTE: Mayor Stoddard Vice -Mayor Newman Commissioner Palmer Commissioner Beasley Commissioner Harris Y �� peprNy ` March 1, 2011: Page: 1 of 5 windstream® connecting business to business WINDSTREAM CUSTOMER SERVICE LEVEL AGREEMENT This Service Level Agreement ( "SLA ") only applies to Windstream's business -grade local and long distance voice telecommunications services, T1 and higher facility network Internet access and private networking services ( "VPN MPLS ") (collectively referred to as the "Services "). The SLA does not apply to any applications or enhanced telecommunications services, equipment sales and related maintenance services, or any other services provided by Windstream or any third party provider. Table of Contents I. Customer Care and General Network Description II. Service Requests and Response Time Ill. Maintenance Window IV. Off- Net/internet/Windstream Partner Router Replacement V. Service-Specific Performance Targets A. Performance Targets for Internet Services B. Performance Targets for Voice Services C On -Net Voice 2. Windstream Partner - Provided Voice 3. Internet -Based Voice (i.e., VOIP) C. Private Network (MPLS Services)1 VI. Credit Policy for Service Interruptions and Performance Target Failures 1. Customer Care and General Network Description A. Any customer may contact Windstream's Customer Experience Center ( "CEC ") by calling toll free 800- 600 -5050. The CEC is available 24 hours a day, 7 days per week, and is staffed by employees dedicated to assisting you with service issues and telecommunications service needs. In addition to the CEC, Windstream provides a centralized trouble shooting and maintenance control center that is staffed 24 hours a day, 7 days per week. B. Windstream's network incorporates components from manufacturers such as Lucent Technologies, Alcatel, Norte[ Networks, and Cisco Systems. In addition, Windstream's network uses SONET redundant, diverse rings for customer traffic, where available, to limit the impact of force majeure events or other developments that may compromise Services. Windstream's network incorporates high- speed, fault - tolerant switching and data transport components designed to protect Windstream's network and customers from component failures. 11. Service Requests and Response Time A. In the event that any Customer reports a trouble to the CEC that affects the Services, Windstream technicians will work on the problem as soon as possible. If an affected customer contacts the CEC, the customer may request a specific time interval for an update regarding the trouble report or Windstream will provide an update within twenty -four (24) hours regarding the status of the problem. Trouble reports that result in a total interruption of Services, that are not resolved within two (2) hours of the time of receipt of the initial trouble report by Windstream are automatically escalated to the highest priority level. B. If Windstream's network personnel determine that any trouble requires a field technician to visit a customer site; Windstream will dispatch a technician as soon as possible, but no later than one (1) hour from Windstream determines that field service is required. C. If a customer requests that Windstream send a field technician to the customer's site to assist with Service - related issues, Windstream will dispatch the technician as soon as possible. If the problem that generated the customer's request for a dispatch is determined to have been caused by the customer's phone or data equipment or vendor, any act or omission of customer or otherwise unrelated to any act or omission by Windstream, Customer agrees and acknowledges that Windstream may charge the customer for the service call at Windstream's then current rates. D. If the problem that generated the customers request for a dispatch is the result of a third party carrier or Service provider, Windstream will assist in the reporting and transmission of technical data and information to such third party carrier or Service provider and will use reasonable efforts to escalate issues with the third party carrier or Service Provider. If the problem that generated the customer's request for a dispatch is a result of some failure of the facilities of the incumbent Local Exchange Carrier, the problem will be repaired without cost to the customer. E. If the problem that generated the customers request for a dispatch is isolated to Windstream's network equipment, Windstream will resolve the Service issue without any charge to the customer. If the problem that generated the customers request for a dispatch is caused by the customer's phone system or other Customer on -site equipment, including Customer - provided firewall, computers, and cabling, Windstream will convey that this is the cause to Customer to enable Customer and /or its vendor to repair the problem. Ill. Maintenance Window Windstream's Services are designed and intended to be available 24 hours per day, 7 days a week, subject to pre - scheduled and /or routine maintenance windows and emergency maintenance requirements. Windstream reserves the right to perform regular, non- connection- affecting service between midnight and 6:00 am EST each day. Any customer may request that Windstream contact the customer at least forty -eight (48) hours in advance of any scheduled maintenance that will result in an intentional Service interruption. IV. Off- NeVinternetfWindstream Partner Router Replacement: Windstream Provided In the event that the CEC determines that a new router is required due to hardware failure and the customer has purchased the back -up router option, Windstream will commit to an 8 hour response time. In the event that the CEC determines that a new router is required due to hardware failure and the customer has not purchased the back -up router option, Windstream will deploy a replacement router based upon the following criteria: • Determination of router failure and request from CEC to ship Customer Premise Equipment replacement prior to 3PM, M -F = Next Business Day • Determination of router failure and request from CEC to ship Customer Premise Equipment replacement after 3PM, M -F = 2 Business Days • Determination of router failure . and request from CEC to ship Customer Premise Equipment replacement on Weekend or Holiday = 2 Business Days • Determination of router failure and request from CEC to ship Customer Premise Equipment replacement on an emergency basis = Unit will be shipped via standard ground unless otherwise requested by customer. If customer requests faster shipping, Windstream will bill the customer for the shipping costs. V. Service - Specific Performance Targets A. Performance Targets for Internet Services Windstream Communications is committed to delivering the highest quality Internet services and designs its Network to exceed the following performance targets for Latency and Packet Loss. Statistics are collected from Windstream network monitoring equipment and do not include the access circuit, whether provided by Windstream or another carrier. Latency. Windstream Communication's designs its Network to provide Internet customers with average one way ping latency of less than 55 milliseconds. Packet Loss. Packet Loss is designed to be less than 1% across Windstream core network for Windstream provided Internet Services. These performance targets apply only to Windstream Internet services. In certain instances, Windstream measures and reports on specific network performance criteria. B. Performance Targets for Voice Services 1. On -Net Voice Windstream Communications is committed to providing its customers with the highest quality voice services. As a result, but except as provided in the following subsections 2 and 3 (Performance Targets for Windstream Partner- Provided Voice and Internet -Based Voice (i.e., VoIP), Windstream guarantees the following on -net performance levels for network Quality of Service (QoS) and core system availability. Quality of Service. Windstream's Quality of Service Guarantee provides that an On -Net Customer shall not experience any parameter for Jitter, Latency, or Packet Loss in excess of the targets listed in the table below. On -net performance mefrirs ran he nmvided unon customer request. Latency (one- <40ms Packet Loss <1% Jitter <2ms Specific measurement calculations are as follows: a. Latency. Windstream shall measure latency between its core network equipment by averaging five minute samples in a calendar day. Latency is measured in a single direction (as opposed to round -trip time (RTT). b. Packet Loss. Windstream shall measure packet loss between its core network equipment by averaging five minute samples in a calendar day. C. Jitter. Windstream shall measure jitter using a daily measure of the Windstream network -wide packet delay variation within the applicable region, which is the average difference in the interval of time it takes for selected pairs of test packets in data streams to travel between pairs of Windstream backbone network nodes. Core System Availability. Voice services are subject to the standard Windstream Maintenance Window and Service Interruptions as outlined in section Ill and VI of this document. The overall performance of the services can be affected by conditions present on the customer's local area network (LAN). Therefore, it is imperative that the customers LAN meets the minimum requirements that are outlined in the'LAN Requirements Doc'.' ' W ndstream does not assume responsibility for any service and /or quality related issues that are caused by sub - optimal LAN conditions. 2. Windstream Partner - Provided Voice. In some cases voice services may be provided via a Windstream Partner network. Except as provided in the following subsection C (Performance Targets for Internet -Based Voice (i.e., VoIP), Windstream guarantees the following On -net performance levels for network QoS and core system availability. Quality of Service. Windstream's Quality of Service Guarantee provides that Customer shall not experience any parameter for Jitter, Latency, or Packet Loss in excess of the targets listed in the table below. On -net performance metrics can be provided upon customer request. _ Latency (one -way) <looms Packet Loss <1% Jitter <Bms Specific measurement calculations are as follows: a. Latency. Windstream shall measure latency between its core network equipment by averaging five minute samples in a calendar day. Latency is measured in a single direction (as opposed to round -trip time (RTT). Latency values for Partner networks will be derived from that providers SLA system and may be added to the total On -net delay. b. Packet Loss. Windstream shall measure packet loss between its core network equipment by averaging five minute samples in a calendar day. Packet loss values for Partner networks will be derived from that providers SLA system and may be averaged along with the total On -net packet loss. C. Jitter. Windstream shall measure jitter using a daily measure of the Windstream network -wide packet delay variation within the applicable region, which is the average difference in the interval of time it takes for selected pairs of test packets in data streams to travel between pairs of Windstream backbone network nodes. Packet loss values for Partner networks will be derived from that providers SLA system and may be averaged along with the total On -net jitter. Core System Availability. Voice services are subject to the standard Windstream Maintenance Window and Service Interruptions as outlined in section III and VI of this document. The overall performance of the services can be affected by conditions present on the customers IAN. Therefore, it is imperative that the customer's LAN meets the minimum requirements that are outlined in the'LAN Requirements Doc'.' 3. Internet -Based Voice (i.e., VoIP) Services Quality of Service. Windstream's provides no guarantee of quality for any service whose primary method of transport is not provided by Windstream. This includes metrics such as packet loss, jitter, latency, call quality. Core System Availability. Voice services are subject to the standard Windstream Maintenance Window and Service Interruptions as outlined in section IV and V of this document. An interruption in the customer providers network or the general Internet is not within Windstream's control and therefore is not included in the availability guarantee. The overall performance of the services can be affected by conditions present on the customers local area network (LAN). Therefore, it is imperative that the customer's LAN meets the minimum requirements that are outlined in the'tAN Requirements Doe'. C. Performance Targets for Private Network MPLS Services Windstream Communications is committed to providing its customers with the highest quality private network services. As a result, Windstream will guarantee network performance levels for the following categories: Latency, Packet Loss, and Jitter. Statistics are collected from one Windstream network element to another Windstream network element and do not include the access circuit whether provided by Windstream or another carrier. This service guarantee applies only to private networking services and covers only the Service purchased from Windstream Communications.s Customers who purchase VPN MPLS Best Effort will receive the Best Effort performance guarantee for all traffic. VPN MPLS Business Critical Customers will receive the Business Critical performance guarantee for data applications selected by the Customer and all other traffic will receive the Best Effort performance guarantee. VPN MPLS Real Time Customers will receive the Real Time performance guarantee for voice and video traffic, the Business Critical performance guarantee for data applications selected by the Customer, and the Best Effort performance guarantee for all other traffic. Windstream will report these metrics on www.windstream.com within the "I'm a Customer' management portal for network services. Definitions. In addition to providing services on Windstream's own network, services may be provided through third party networks or over the public Internet. 2 Windstream does not assume responsibility for any service and/or quality related issues that are mused by sub - optimal LAN conditions. 3 For VPN MPLS Partner Customers -due to the sub- optimal path that traffic will take, Windstream does not recommend that Customers access the Internet through a host site that is on -net. Normally traffic takes a direct path from the host to the nearest Internet transit site; however, wits VPN MPLS Partner, this traffic will first be directed back to the customers host site and will then be routed to the Internet by its most optimal path. This will almost never be the true optimal path since most VPN MPLS Partner sites will be great distances may from the host site. On -net. The Windstream owned and operated network. Windstream Partners. A third party network with which Windstream maintains connectivity for the purposes of extending its private network. Internet. All other publicly accessible networks. Latency. Windstream Communication's Latency Guarantee provides that the Customer shall not experience an average one way ping latency greater than the target listed in the table below. Windstream shall measure latency between its core network equipment by averaging five minute samples in a calendar day. Latency performance objectives are listed below and apply only to the data service purchased from Windstream Communications: If the Latency guarantee is not satisfied in a calendar day, Customer shall receive a credit of 1/30'" of the monthly recurring charge for the applicable service at the affected location, up to a maximum credit in each month of the total monthly recurring charges for that Service. Packet Loss. Windstream's Packet Loss Guarantee provides that the Customer's sustained packet loss within the Windstream Network shall not be greater than the below target in any given calendar day. Windstream shall measure packet loss between its core network equipment by averaging five minutes samples in a calendar day. Packet Loss performance objectives are listed below and apply only to the data service purchased from Windstream Communications: On -Net Latency Windstream Internet Partners VPN MPLS Best Effort < 55ms < looms N/A VPN MPLS Business Critical — Preferred Data < 50ms < 90ms N/A VPN MPLS Real Time — Preferred Voice < 40ms < 60ms N/A If the Latency guarantee is not satisfied in a calendar day, Customer shall receive a credit of 1/30'" of the monthly recurring charge for the applicable service at the affected location, up to a maximum credit in each month of the total monthly recurring charges for that Service. Packet Loss. Windstream's Packet Loss Guarantee provides that the Customer's sustained packet loss within the Windstream Network shall not be greater than the below target in any given calendar day. Windstream shall measure packet loss between its core network equipment by averaging five minutes samples in a calendar day. Packet Loss performance objectives are listed below and apply only to the data service purchased from Windstream Communications: If the Packet Loss guarantee is not satisfied in a calendar day, Customer shall receive a credit of 1/30'' of the monthly recurring charge for the applicable service at the affected location up to a maximum credit in each month of the total monthly recurring charges for that Service. Jitter. Windstream's Jitter Guarantee provides that the Customer's average jitter within the Windstream Network shall not be greater than the below target in any given calendar day. Windstream shall measure jitter using a daily measure of the Windstream network- wide packet delay variation within the applicable region, which is the average difference in the interval of time it takes for selected pairs of test packets in data streams to travel between pairs of Windstream backbone network nodes. Jitter performance objectives are listed below and apply only to the data service purchased from Windstream Communications: On -Net Jitter Windstream Internet Packet Partners Jitter On -Net Partner Loss < 12ms P Packet Loss Packet Loss < 5ms VPN MPLS Best Effort < 1% <2% N/A VPN MPLS Business Critical — Preferred Data < 1% <2% N/A VPN MPLS Real Time — Preferred Voice < 1% < 1% N/A If the Packet Loss guarantee is not satisfied in a calendar day, Customer shall receive a credit of 1/30'' of the monthly recurring charge for the applicable service at the affected location up to a maximum credit in each month of the total monthly recurring charges for that Service. Jitter. Windstream's Jitter Guarantee provides that the Customer's average jitter within the Windstream Network shall not be greater than the below target in any given calendar day. Windstream shall measure jitter using a daily measure of the Windstream network- wide packet delay variation within the applicable region, which is the average difference in the interval of time it takes for selected pairs of test packets in data streams to travel between pairs of Windstream backbone network nodes. Jitter performance objectives are listed below and apply only to the data service purchased from Windstream Communications: If the Jitter guarantee is not satisfied in a calendar day, Customer shall receive a credit of 1/301" of the monthly recurring charge for the applicable service at the affected location, up to a maximum credit in each month of the total monthly recurring charges for that Service. In the event that multiple performance guarantees are missed for a particular location in a single calendar day, the maximum available credit is 1/301" of the monthly recurring charge for the applicable Service. In the event of a Service Interruption, the Service Interruption credit supersedes all network performance guarantees and network performance credits are not applicable. XII. Credit Policy for Service Interruptions and Performance Target Failures On -Net Jitter Windstream Internet Jitter Partners Jitter VPN MPLS Best Effort < 10ms < 12ms N/A VPN MPLS Business Critical — Preferred Data < 5ms < 7ms N/A VPN MPLS Real Time — Preferred Voice < 2ms < 4ms N/A If the Jitter guarantee is not satisfied in a calendar day, Customer shall receive a credit of 1/301" of the monthly recurring charge for the applicable service at the affected location, up to a maximum credit in each month of the total monthly recurring charges for that Service. In the event that multiple performance guarantees are missed for a particular location in a single calendar day, the maximum available credit is 1/301" of the monthly recurring charge for the applicable Service. In the event of a Service Interruption, the Service Interruption credit supersedes all network performance guarantees and network performance credits are not applicable. XII. Credit Policy for Service Interruptions and Performance Target Failures A. In the event of a complete interruption of the Service defined as total inability to: (i) make or receive calls; (ii) access the Internet for the purpose of sending or receiving Internet traffic; and (iii) send or receive data across a Windstream supported private network ( "Service Interruption "), Windstream agrees to credit the impacted customer's account an amount equal to the proportionate amount of the monthly recurring charge for each hour of Service Interruption. For example, in the event a customer experiences a two (2) hour Service Interruption, the customer shall receive a credit equal to the customer's monthly recurring charge for such service, divided by the number of days in such month, further divided by twenty -four hours and then multiplied by two (2) hours . Windstream will credit customer's account for only that portion of the Service that is interrupted and credit for Service Interruptions in a given month may not exceed 100% of the applicable monthly recurring charge for the affected service. No credit shall be given for a Service Interruption of less than one (1) hour. B. Credit allowance for a Service Interruption or Failure of Latency, Packet Loss, and Jitter Performance levels for VPN MPLS services commences upon Windstream's receipt of notice from the customer of the Service Interruption or performance failure. Credit allowance ceases when the Service has been restored. Credits for a Service Interruption or performance failure shall be given only when the customer notifies Windstream that such credit is due. Customer waives any right to credits not claimed within thirty (30) days of the applicable Service Interruption. C. In the event of a Service Interruption of at least forty -eight (48) continuous hours ( "Extended Service Interruption') in a single calendar month, Customer may terminate its Customer Service Agreement for the customer location impacted by the Extended Service Interruption without penalty following the 48th hour by: (i) giving Windstream written notice of the termination within thirty (30) days of the Extended Service Interruption; and, (ii) making payment for any outstanding balance due for Services rendered by Windstream through the date of Service termination. Payments should be made within thirty days after the date of the Service Termination or pursuant to Windstream's last invoice after the termination effective date. Such Service termination will be effective forty -five (45) days after receipt of written notice by Windstream and Customer shall pay for services rendered by Windstream up through such termination date. D. For purposes of this SLA and the computation of credits hereunder, a Service Interruption or performance failure will be deemed to have occurred only if the Services become unusable to the customer as a result of a failure of Windstream's facilities, equipment or personnel, and only where the Service Interruption or performance failure is not the result of: (i) the fault or negligence of or attributable to the customer; (ii) any planned or routine maintenance as described above; or (iii) other circumstances beyond the reasonable control of Windstream. In addition, Windstream Communications will not be in default of its obligations or otherwise liable for any delay in or failure of its performance hereunder due to any Act of God, adverse weather condition, fire, flood, riot, strike, accident, war, act of terrorism, governmental requirement, cable cut or other cause beyond the reasonable control of Windstream. In addition to the terms and conditions of the Customer Service Agreement, this SLA is Customer's sole and exclusive remedy for Windstream's failure to meet the terms of this SLA. windstrean connecting business to business r E � :t �� r A " u0 �� tt I u ! s x ' s Customer Name CITY OF SOUTH MIAMI EAN 4240785 Install Street Address 6130 SW 72ND ST City, State, Zip OUTH MIAMI, Florida, y p 33143 -0000 Main Telephone Number (305)663 -6343 Market MIAMI Contact Name Alfredo Riverol Proposal ID 1554740 Account Representative Robert Rodier Proposal Type New Dealer Name B & D Telecom II -Robert Term 2 Years Rodier < rl+^ t,rx , ON . , 'M' i°a m s " r J r S ' P h ISDN PRI (B +D Channels) 48 Total Services $1,515.17 $649.84 t. 17 14 10191 ' "' Im�I n P s � a• �d � IM� Voice Local Features DID Numbers Directory Listing Voice Long Distance Features Long Distance Blocks (1000 minutes) Long Distance Minute Total Features Total Other Charges Total Monthly Recurring Charges Total Non - Recurring Charges 1 1 $.00 $.00 1 1 $.00 $.00 1 1 $.00 $.00 1 $.05 /min $.035 /min $.00 $.00 $649.84 $.00 In the event Customer makes changes to its services during the initial term of agreement, Customer is responsible for maintaining a Minimum Monthly Commitment of 85% of the Total Monthly Recurring Charges. Minimum Monthly Commitment $552.36 „ i c7z y' �p f :z a .. t;..W ry,�g ' �µ This proposal and all Windstream NuVox, Inc. and its affiliates Services shall be governed by the terms and conditions of the Customer Service Agreement ( "CSA ") entered between the parties. Please ask your sales representative for a copy of Windstream's standard CSA to review the additional terms applicable to Windstream's Services. Windstream reserves the right to choose the transport method for Customer's Service. In the event that a particular transport method is not available to support Service and /or if the cost of providing Service is higher than expected, Windstream reserves the right to cancel this proposal. Customer must subscribe to a minimum of one voice service (channel or call path) to qualify for LD Block Minutes. LD 21 Apr 201108 57:02 ET Authorized Customer Initial_ Page:1 Blocks are not available on Business Lines. LD Block rates vary based on term commitment. Interstate, Intrastate and 800 inbound usage will apply to LD Block Minutes. Any domestic usage above LD Block subscription amount and any Conferencing and International will be billed at the rate per minute published in Windstream's currently - posted Terms and Condition /Price List(s). Unused Block minutes are subject to expiration at the end of the period specified in Windstream's currently - posted Terms and Condition /Price List(s). Authorized Windstream Representative Name Authorized Windstream Representative Signature Authorized Customer Name Authorized Customer Signature 21 APr 201108:57:02 ET Page: 2 Date Date windstream= c. (onnettinbbusinass to business ADDENDUM TO CUSTOMER SERVICE AGREEMENT This Addendum is entered between Windstream and its affiliates ( "Windstream ") and for City of South Miami ( "Customer ") Proposal ID 1554740 and amends Customer Service Agreement ( "CSA") entered between Windstream and Customer ( "Parties "). Windstream and Customer hereby agree that Customer's Services per the above Proposal ID will include two separate 24 channel ISDN -PRI T1 circuits at a Monthly Recurring Charge ( "MRC ") of $324.92 for each PRI for a total MRC of $649.84. Customer agrees to maintain a Minimum Monthly Commitment (" MMC ") of at least $552.36 total for the duration of the 2 yearterm. The CSA noted above and this Addendum constitutes the Parties' entire agreement. To the extent there is a conflict between this Addendum and the CSA, this Addendum controls. This Addendum may be executed in several counterparts, and all counterparts so executed shall constitute one binding agreement on the Parties hereto and each executed counterpart shall be deemed an original. Facsimile signatures shall be accepted as valid and binding for all purposes. Windstream and Customer each aver that the signatories to this Addendum below have authority to sign this Addendum Hand - written modifications to this Addendum are not binding on either Windstream or Customer. City of South Miami Windstream and its affiliates By: thy:_ Name: Name: Title: Title: Quotes for City of South Miami: RFQ# 4080970704 Page 1 of 3 https:// masterstream. level3. com /rfc _managerlproposal.html ?rfaid= 325596 &rfcitracking_number = 4080... 4/15/2011 RFQ# 4080970704 kqVqjW ,� � "ITLEP �P�:)N PARTNERS Level 3 Telecom Service Quotes for Prepared and Presented by Paul Acosta Ed Kane City of South Miami Office: 813. 769 -4690 Office: 305- 301.4667 Email: p.acosta@xpotek.com Email: support@telephonypartners.com About Level 3 Level 31s an international communications and information services company and is headquartered in Broomfield, Colorado. The company operates one of the largest communications and Internet backbones in the world. Since our founding in 1998, Level 30 has been focused on delivering premier services over one of the world's most advanced, IP- optimized networks. Level 3 owns and maintains over 48,000 intercity route miles. We offer a comprehensive portfolio of network offerings that spans Internet Protocol (IP) services, broadband transport, colocation services, and patented Softswitch -based managed modem and voice services. Level 3 also uses these network services as a foundation for delivering enterprise telecommunications solutions. The quote information shown is based upon the specific location information, requirements, and terms shown below. Service Requirements '1'- Managed Network Service: None Terms: Billing Method: Fixed 2&3 Service Quote Summary Analysis Term Total (Months) Install Total Monthly 24 0.00 36 0.00 766.51 736.11 Service Quotes Location: (305663) 6130 SUNSET DR, SOUTH MIAMI, FL, 33143 1ID504468- 410121630 Quote Date 04/15/2011 Quote Valid Through 0 511 512 011 2 Year Term d Voice Services Qty Price Monthly Flat Rate PRI Port 2 215.60 43120 Metro Connectivity 2 166.08 332.16 Toll Free Numbers 1 1.05 1.05 Block of 20 DID Numbers 1 2.10 2.10 Installation Services Qty Price Unit One -Time Discount Flat Rate PRI Port 2 475.00 - 475.00 0.00 Access Circuit Installation 2 830.00 - 830.00 0.00 Block of 20 DID Numbers 1 40.00 -40.00 0.00 Calling Rates Rate Switched Outbound Intralata- tC FL 0.031 Switched Outbound Intrastate- FL 0.031 Switched Outbound Interstate 0.017 Switched Toll Free intralata- #- FL 0.0388 Switched Toll Free Intrastate- FL 0.0388 Switched Toll Free Interstate 0.0189 Summary i Monthly One Time it https:// masterstream. level3. com /rfc _managerlproposal.html ?rfaid= 325596 &rfcitracking_number = 4080... 4/15/2011 Quotes for City of South Miami: RFQ# 4080970704 Page 2 of 3 Sub Total Qty 766.51 2,650.00 Discount Flat Rate PRI Port 0.00 - 2,650.00 Site Total 0.00 766.51 0.00 Quote valid for 30 days. Service Quotes Location: (305663) 6130 SUNSET DR SOUTH MIAMI FL, 33143 IlD504468- QID121632 Quote Date 0411512011 Quote Valid Through 05115/2011 3 Year Term Voice Services Qty Price Monthly Installation Services Rates Switched Outbound intralata -#- FL 0.031 Switched Outbound Interstate u.u.I r Switched Toll Free Intralata - #- FL 0.0388 Switched Toil Free Intrastate- FL 0.0388 Switched Toll Free Interstate 0.0189 pc'2 1H, AiTAC -IA A Anit )rll 71S iok 1140 e2ZIAA< 6 /AVC 'T,AE Ao,i-j,i � A.A,c' F °Z OAS 'T�, 4 2a of - FAQs Question: How can I get more information about one of the quotes? Monthly Qty Price Discount One -Time Flat Rate PRI Port 2 450.00 - 450.00 0.00 Access Circuit Installation 2 830.00 - 830.00 0.00 Block of 20 DID Numbers 1 40.00 -40.00 0.00 Rates Switched Outbound intralata -#- FL 0.031 Switched Outbound Interstate u.u.I r Switched Toll Free Intralata - #- FL 0.0388 Switched Toil Free Intrastate- FL 0.0388 Switched Toll Free Interstate 0.0189 pc'2 1H, AiTAC -IA A Anit )rll 71S iok 1140 e2ZIAA< 6 /AVC 'T,AE Ao,i-j,i � A.A,c' F °Z OAS 'T�, 4 2a of - FAQs Question: How can I get more information about one of the quotes? Monthly One Time 736.11 2,600.00 0.00 - 2,600.00 736.11 0.00 Answer: Please feel free to contact me with any questions you may have. I will answer your questions directly or work with the providers to answer any questions to your satisfaction. Question: How much time do 1 have to make a decision based upon the pricing provided? https:// masterstream. level3. com/ rfq _managerlproposal.html ?rfq_id= 325596 &rfq_tracking_number = 4080... 4/15/2011 Quotes for City of South Miami: RFQ# 4080970704 Answer: Quotes are typically valid for 30 days but promotions can have different expirations. I will confirm all pricing prior to placing the order for you. Question: I know there is a lot of paperwork required when placing telecom orders, who will fill out all of the forms when I order? Answer: One of the benefits of working with me is that I will work with you to complete all the necessary order documents at no charge. This proposal contains confidential and proprietary information. Page 3 of 3 https: // masterstream. level3. com /rfc _managerlproposal.html ?rfq_id= 325596 &rfq_tracking_number= 4080... 4/15/2011 SERVICE SCHEDULE LEVEL a MPLS (IPVPN. VPLS and EVPL) VPN SERVICE (Version Issue Date: May 4, 2010[51) 1. Service Descriptions. MPLS VPN Service includes 3 virtual private network ( "VPN ") services, IPVPN, VPLS and EVPL, providing private site -to -site communications over Level 3's MPLS network. IPVPN utilizes Internet Protocol; VPLS and EVPL are provided using Ethernet. Customer must purchase at least 2 ports (IPVPN or Ethernet, as applicable) in order to set up private site -to -site connections. The Service is connected to each site, including additional sites designated by Customer (together "Customer Sites ") through the Customer port at either a Circuit location address or a Level 3 Point of Presence (POP) as specified in the Order. Customer Sites will be connected to a port at 1 or more Level 3 MPLS Network POPs at a fixed data transmission rate. Standard network management web tools are also provided in conjunction with the MPLS VPN Services. 2. Class of Service (COS). Customer may purchase CoS providing the ability to prioritize certain identifiable traffic flows between MPLS network ports. Customer is solely responsible for the selection of classes of service and the distribution of bandwidth percentages by class as defined by predetermined profile options stated in the Order. Any traffic outside such distribution percentages may be treated as Default Traffic for the purposes of the Service Levels stated below. 3. Customer Responsibilities. Customer is responsible for providing the network design specifications including pre- existing LAN/WAN IP addressing schemes, MAC addresses and circuit designs. Customer is solely responsible for all equipment and other facilities used in connection with the Service which are not provided by Level 3. 4. Charges. Non - recurring and monthly recurring charges apply to MPLS VPN Services as stated in the Order. Non - recurring charges include applicable local access circuit charges and installation charges for each port. Monthly recurring charges include local- access charges, port connection charges and bandwidth charges. Other charges may apply as stated in the Order. 5. Service Levels. SLA Boundary Measurement Parameter Class of Service Voice! Video Interactive Video Critical Data Preferred Data Bulk Data Default Traffic Domestic US and Average Availability 99.99% 99.99% 99.99% 99.99% 99.99% 99.99% Average Data Delive 99.99% 99.99% 99.95% 99.9% N/A N/A Domestic US Average Round Trip Latency 50 ms 50 ms 50 ms 50 ms N/A N/A Jitter (one-way) 31-119 3 ms N/A N/A N/A N/A Average Availability 99.9% N/A 99.9% N/A N/A 99.9% Avera a Data Delivery 99.9% N/A 99.5% N/A N/A N/A International Avera a Round Trip Late nc Cit Pair Based* N/A City Pair Based* N/A N/A N/A Jitter (one-way) 10 ms N/A N/A I N/A I N/A I N/A * International Latency SLAB are measured as a monthly average round -trip transmission between city pairs, metrics are provided to Customer upon request Availability Service Level In the event that Service becomes Unavailable for reasons other than an Excused Outage, Customer will be entitled to a service credit off of the MRC for the affected Service locations based on the cumulative Unavailability of the Service in a given calendar month as set forth below. For purposes of these Service Levels, "E2E" means end to end, and includes the On -Net and Off -Net components of Services, taken together; "unavailable" means the inability of the Customer port on the MPLS Network to pass traffic. For On -Net MPLS VPN Service: For E2E MPLS VPV Service: rr, T'a3 /f �� i?''�jWGz a isCtlmulatiyet Ur)availalgilltyclw°m &ervice Level' �ko r�.,�- 0:04:19- 00:43:00 �Crodit �;,,`. 5% Domestic US Only 00:43:01 — 04:00:00 10% Domestic US and 04:00:01 — 12:00:00 30% International 12:00:01 or neater 50% Cur�lulative Una�ilabibtyri�c `Serve Level�a° �tt 00:00:01 - 00:43:00 No Credit 0:43:01— 04:00:00 10% 04:00:01 — 12:00:00 30% 12:00:01+ 50% These Service Levels are based on monthly average performance between nodes on Level 3's MPLS network. Customer will be entitled to a service credit off of the MRC for the affected Service locations as set forth below for the Service Parameter(s) not met. Customer will not be entitled to credits under the Latency, Data Delivery or Jitter SLAB for the affected Service where such failure is related to Unavailability under the Availability Service Level. Mo� `th�IyS4ryice;Pa'Fameter;c?�� k8erviceLeve;gr""'Z�` �'?R«s >� 3�"Yk ,2Ctetlii d _�k�.'�"'i.�t' Data Delivery 10% Latency t0% Jitter 10% 6. Chronic Outage. As its sole remedy, Customer may elect to terminate an affected MPLS VPN Service prior to the end of the Service Term without termination liability if, for reasons other than an Excused Outage, such MPLS Service is unavailable (as defined in Section 5 above) more than six (6) consecutive hours in three (3) consecutive calendar months, or for more than forty two (42) hours in aggregate in any calendar month The termination right must be exercised within 30 days of the event giving rise to it. 0 a Contract Service Arrangement Agreement Case Number FL10- 3375 -00 This Contract Service Arrangement (CSA) Agreement ( "Agreement ") is by and between BellSouth Telecommunications, Inc. d/b /a AT &T Florida, ( "Company ") and City of South Miami ( "Customer" or "Subscriber "). This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement ( "Service "). The rates, charges, and conditions described in this Agreement are binding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of the determination of any service period stated herein, said service period shall commence the date upon which installation of the service is completed. 2. Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services Tariff and No. 2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be made from time to time. All appropriate tariff rates and charges shall be included in the provision of this service. Except for the expressed rates, charges, terms and conditions herein and except as otherwise provided in Section 13 below, in the event any part of this Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall control. 4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in this Agreement may be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth. If so, Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. 7. (a) I£ Subscriber cancels this Agreement or a Service provided pursuant to this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified by the tariff or stated elsewhere in this Agreement, Page 1 of 10 AT &T and Customer Confidential Information qW aw Contract Service Arrangement Agreement Case Number FL10- 3375 -00 termination charges are defined as fifty percent (50 %) of the recurring charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in this Agreement and any nonrecurring charges that were not applied upon installation as set forth in this Agreement. (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than Company and that it has chosen Company to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of Company local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges. However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8. This Agreement shall be construed in accordance with the laws of the State of Florida. 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. Company BellSouth Telecommunications, Inc. d/b /a AT &T Florida Assistant Vice President 13450 W Sunrise Blvd. 4600 Sunrise, FL 33323- Subscriber City of South Miami 6130 Sunset Drive South Miami, FL 33143- 10. Subscriber may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. 11. hi the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. 12. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. Page 2 of 10 AT &T and Customer Confidential Information aW Contract Service Arrangement Agreement Case Number FL10- 3375 -00 13. Customer and Company acknowledge and agree that to the extent the Service provided under this Agreement is deregulated or de- tariffed by operation of law, regulation, or otherwise, all references in this Agreement to "BellSouth General Subscriber Services Tariff', `BellSouth tariffs ", "BellSouth's lawfully filed tariffs ", or any other reference to BellSouth's tariffs on file with the Public Service Commissioner(s) of the applicable state or states shall be deemed reference to the terms set forth in this Agreement, as well as the Service Descriptions and Price Lists and the BellSouth Service Agreement, all of which can be found at the link found at www.att.com/servicepublication , all incorporated herein by reference as if fully included herein. Customer agrees such deregulated or de- tariffed Service shall be provided in accordance with the terms and conditions set forth in this Agreement, the Service Descriptions and Price Lists for each applicable state or states and the BellSouth Service Agreement found at the link above. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those incorporated by reference, the terms and conditions set forth in the body of this Agreement shall govern. 14. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions including all terms set forth in the Service Descriptions and Price Lists found at www.att.com /servicepublications, as applicable. Customer further agrees that this Agreement and any attachments hereto, constitute the complete and exclusive statement of the agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties. The undersigned warrant and represent that they have the authority to bind Customer and Company to this Agreement. Page 3 of 10 AT &T and Customer Confidential Information qW aw Contract Service Arrangement Agreement Case Number FL10- 3375 -00 Option 1 of 1 Offer Expiration: This offer shall expire on: 11/22/2010. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Contract Service Arrangement (CSA) provides BellSouth® Primary Rate ISDN - Voice/Data (Standard) (minimum number of B- Channels per PRI required) with Extended Local Calling Plan, This Agreement is for a thirty-six (36) month service period. Use of Service: Customer agrees that the Service will only be used to transport the voice and /or data traffic of Customer and its Affiliates, and not to originate or terminate voice and/or data traffic to bypass switched access charges as defined by applicable state and federal telecommunications law. Customer understands that this covenant is an essential part of the undertaking by AT &T herein, and that AT &T is relying upon Customer's covenant as an inducement to sell the Service. Customer agrees to compensate AT &T for any switched access charges that AT &T is obligated to pay, or entitled to collect, as a result of Customer's use of the Services, and Customer further agrees that this obligation to compensate AT &T shall not be capped or limited. As used herein the term Switched Access, generally speaking, means the charges that a long distance company is required to pay to a local telecommunications company for the termination or origination of long distance calls to or from a customer whose phone is connected to the local telecommunications company's local switching network. "Affiliate" of a party means any entity that controls, is controlled by, or is under common control with, such party. This Agreement shall be extended for additional one -year terns under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one -year term. Page 4 of 10 AT &T and Customer Confidential Information aw Contract Service Arrangement Agreement Case Number FL10- 3375 -00 Option 1 of 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: City of South Miami Bv: Authorized Signature Printed Name: Title: Date: Company: BellSouth Telecommunications, Inc. d/b /a AT &T Florida By: Authorized Signature Printed Name: Title: Date: Page 5 of 10 AT &T and Customer Confidential Information aw Contract Service Arrangement Agreement RATES AND CHARGES Rate Elements Non - Recurring Case Number FL10- 3375 -00 Option 1 of 1 Monthly Rate USOC 1 BellSouthO Primary $.00 $.00 1LD1E Rate ISDN Access Line, each (Provisioning USOC Only) 2 BellSouth ®Primary $.00 $.00 PR71V Rate ISDN Interface, each - Voice /Data (Standard) (Provisioning USOC Only) 3 BellSouth® Primary $.00 $.00 PR713V Rate ISDN B- Channels, each - Voice /Data (Standard) (Provisioning USOC Only) 4 BellSouth® Primary $.00 $.00 PR7EX Rate ISDN D- Channel -Each 5 Telephone Numbers $.00 $0.20 PR7TF for Flat Rate BellSouth® Primary Rate ISDN Voice /Data (Standard), Per telephone number requested inward and 2 -way Page 6 of 10 AT &T and Customer Confidential Information aw RATES AND CHARGES Contract Service Arrangement Agreement Flat Rate Primary Rate ISDN (1- 11-D1E,1- PR71 V,23- PR7BV) Optional Calling Plan, Extended Local Calling Plan, 10,000 Minutes Per Month Plan, Per Plan - Overage rate of $.045 per minute of use (Minimum of 17 13- Channels per PRI required.) $.00 $.00 Page 7 of 10 AT &T and Customer Confidential Information Case Number FL10- 3375 -00 Option 1 of 1 $620.00 $40.00 WDDKR OCWFD aw Contract Service Arrangement Agreement Case Number FL10- 3375 -00 Option 1 of 1 RATES AND CHARGES NOTES: 1. Extended Local Calling Plan is an optional service designed to provide intraLATA long distance /toll calling for business customers via a monthly rate for a fixed number of long distance /toll minutes for all calls that are dialed to exchanges within the LATA, but outside the Local Calling Area (LCA) as defined in Section A3 of the General Subscriber Services Tariff. a. The Extended Local Calling Plan accumulates intraLATA minutes within the same state Revenue Accounting Office (RAO) from single earning numbers /locations /account numbers (non - aggregated) and/or multiple earning numbers /locations /account numbers (aggregated). b. A customer may have both non - aggregated and Aggregated Extended Local Calling Plan on the same agreement c. Extended Local Calling Plan is available' only in conjunction with the following flat rate services: 1) BellSouth Primary Rate ISDN w/Flat Rate B- Channels 2) Flat Rate Single Line Business 3) Flat Rate Multiline Business Rates for these services include local usage in the Local Calling Area and are in addition to those for Extended Local Calling Plan. d. Extended Local Calling Plan customers may aggregate usage of like services from different earning numbers /locations /account numbers within the same state Revenue Accounting Office (RAO). Extended Local Calling Plan customers may not aggregate usage of unlike services. For example, customer may aggregate usage for flat rate simple business lines and flat rate complex business lines, but may not aggregate usage for flat rate business lines and Primary Rate ISDN). e. The Extended Local Calling Plan is furnished subject to the availability of facilities. f Extended Local Calling Plan usage will be determined as follows: 1) Extended Local Calling Plan incurs a monthly flat rate for a fixed number of minutes (Minutes Per Month Plan) to exchanges within the LATA. 2) Minutes that exceed the Minutes Per Month Plan fixed allowance will be charged a per minute rate for each additional minute. 3) Extended Local Calling Plan usage will be rounded in six (6) second increments. g. Call Detail will not be available on the Extended Local Calling Plan customer bill, and will not be available for customer review. h. In the event that minutes of use for calls terminating in an Independent Company Exchange exceed 15% of the customer Minutes Per Month Plan allowance, Company reserves the right to terminate that customer's Extended Local Calling Plan. 2. All applicable rates and regulations for BellSouth® Primary Rate ISDN as set forth in the General Subscriber Services Tariff are in addition to the rates and regulations contained in this Contract Service Arrangement with the exception that volume discounts as outlined in the tariff do not apply. Page 8 of 10 AT &T and Customer Confidential Information aw Contract Service Arrangement Agreement Case Number FL10- 3375 -00 Option 1 of 1 3. For Extended Local Calling Plan a Termination Liability Charge is applicable if service is terminated prior to expiration of this Agreement. The applicable charge is dependent on the service period subscribed to and will be equal to the number of months remaining in the service period times the monthly rate provided under this Agreement. 4. Apply five End User Common Line Charges for each PRI Interface. 5. Other rate elements used in the provision of the service may not have been listed herein, but can be found in the appropriate BellSouth tariff. 6. Subscriber is responsible for miscellaneous charges when applicable. (Examples are local, state, and federal taxes; Universal Service Fund charge; End User Common Line charge; etc.) 7. The rates set forth in this Agreement are based upon Subscriber retaining and agreeing to pay Company for the minimum number of B- Channels per PRI required for the Extended Local Calling Plan, Minutes Per Month Plan(s) ordered within the same state Revenue Accounting Office throughout the term of this Agreement (detailed below with its associated Minutes Per Month Plan). Minutes Per Month Plan Minimum PRI Minimum B- Channels Per PRI 1,000 1 10 2,500 1 10 7,500 1 10 10,000 1 17 15,000 1 17 30,000 2 17 45,000 3 17 60,000 4 17 75,000 5 17 90,000 6 17 8. Nonrecurring charges associated with this Agreement shall not apply. However, if all or any part of the service is disconnected prior to the expiration of this Agreement, then the Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability charges: PRI Access Line I ILD1E $875.00 each PRI Interface, Voice/Data (Standard) PR71 V $110.00 each PRI B- Channels, Voice/Data (Standard) PR713V $5.00 each Furthermore, if Customer disconnects all service offered on this Agreement, then a Contract Preparation Charge applies in the amount of $423.00 in addition to applicable termination liability charges. Page 9 of 10 AT &T and Customer Confidential Information aw Contract Service Arrangement Agreement Case Number FL10- 3375 -00 Option 1 of 1 All trademarks and service marks contained herein are owned by AT &T Intellectual Property and/or AT &T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 10 of 10 AT &T and Customer Confidential Information Pagel of 3 Velez, Pablo R From: Joe D. Mule U.mule @xpotek.com] Sent: Tuesday, May 03, 2011 3:08 PM To: Velez, Pablo R Cc: Riverol, Alfredo; Dennis Deblois Subject: RE: Quotes for PRI's Pablo, Thank you for taking the time to speak with me on this issue. As clarified on our conversation, the prices are for quantity of 2 PRI's for both the Leve13 and Windstream proposals. Since the Windstream proposal quotes 48 BRI Channels ( 2 PRI's ) I have asked Windstream two clarify in their bid that it is 2 PRI's consisting of 48 channels total. As soon as I receive that quote from them, I will forward to you. Thanks again for your patience and understanding. From: Velez, Pablo R [ mailto:PVelez @southmiamifl.gov] Sent: Tuesday, May 03, 20112:34 PM To: Joe D. Mule Cc: Riverol, Alfredo; Dennis Deblois Subject: FW: Quotes for PRI's Mr. Mull, The attached AT &T documentation clearly reflects the same monthly rate as the $620.00 you reference in the email trail below. However, and you'll have to forgive me but, I don't see reflected in the Windstream or Level 3 proposals the $350.00 (or the $325.00) nor the $383.26 that's also referenced below. Please clarify for me and thank you — this will assist in preparation of the Commission Meeting Agenda Item I'm working on. Pablo R. Velez, Esq., CPPB Purchasing Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 -5093 Office: (305) 663 -6339 Fax: (305) 667 -7806 Email: jawlezka cityofsouthmiami.net From: Joe D. Mule [mailto:j.mule @xpotek.com] Sent: Tuesday, May 03, 2011 1:19 PM To: Velez, Pablo R Cc: Riverol, Alfredo; Dennis Deblois Subject: RE: Quotes for PRI's Pablo, Attached is a copy of the ATT pricing so you don't have to track down the copy they sent to you directly. I should have attached it previously. From: Velez, Pablo R [ mailto:PVelez @southmiamifl.gov] 5/9/2011 Page 2 of 3 Sent: Tuesday, May 03, 2011 1:09 PM To: Joe D. Mule Cc: Riverol, Alfredo; Dennis Deblois Subject: FW: Quotes for PRI's Mr. Mule, Regarding the three (3) attached proposals, they don't reflect the pricing you reference in the email trail below. Is there additional pricing - related information that you can provide for this. Again, thank you. Pablo R. Velez, Esq., CPPB Purchasing Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 -5093 Office: (305) 663 -6339 Fax: (305) 667 -7806 Email: pvelez cityofsouthmiami.net From: Joe D. Mule [mailto:j.mule @xpotek.coml Sent: Tuesday, May 03, 201110:32 AM To: Velez, Pablo R Cc: Riverol, Alfredo; Dennis Deblois Subject: FW: Quotes for PRI's 01M In response to your request for three quotes for PRI's to present to commission, attached is the Email with that information. Thank You From: Joe D. Mule [mailto:j.mule @xpotek.comj Sent: Tuesday, April 19, 20114:20 PM To: ' Riverol, Alfredo'; 'Velez, Pablo R'; 'Webster, John'; 'Dennis Deblois' Subject: Quotes for PRI's Alfredo, Attached is the pricing per circuit for two PRI circuits from three carrier as you requested. I've included the SLA ( Service Level Agreements) for Windstream and Level3. At three years Windstream is the least expensive at $ 325 per month. If you need us to procure quotes from additional carriers please let me know. We are still working on getting you estimates for replacement of your NorTel PBX to see how that compares to the maintenance agreement pricing. 5/9/2011 Term Windstrearn Level -3 3 years $ 325.00 $ 368.06 2 years $ 350.00 383.26 Thank you, Joe D. Mule' CEO 954- 804 -1333 Mobile 888 - 334 -2990 Exf 702 office AT &T 620.00 Page 3 of 3 XpoTek - "where Your Success Defines Oars" www.xpotek.com PRYNATE / PROPRIETARY This e -mail, including any attachments, Is for the sole use of the intended recipient(s) and may contain confidential and legally privileged or propriety information. Any unauthorized review, use, disclosure, distribution or any action omitted or taken in reliance on it, is prohibited and may be unlawful. If you are not the intended recipient immediately contact the sender by reply e -mail and destroy all copies of the original message. 5/9/2011 Page 1 of 1 Velez, Pablo R From: Joe D. Mule [.mule @xpotek.com] Sent: Wednesday, May 04, 2011 11:46 AM To: Riverol, Alfredo; Velez, Pablo R; Dennis Deblois Subject: Clarification document on Windstream Proposal Alfredo and Pablo, Attached is an addendum from Windstream to their proposal clarifying that the 48 channels is comprised of two PRI's as requested. Please let me know if there is anything else you need from me to have to have this presentable for the commission agenda. Thank you, Joe D. Mule' CEO 954- 804 -1333 Mobile 888- 334 -2990 Ext 702 office %poTek - "Where Your Success Defines Ours" www.xpotek.com PRPVATE / PROPRIETARY This e -mail, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and legally privileged or propriety information. Any unauthorized review, use, disclosure, distribution or any action omitted or taken in reliance on it, is prohibited and maybe unlawful. If you are not the intended recipient, immediately contact the sender by reply e -mail and destroy all copies of the original message. 5/9/2011 Page 1 of 4 Velez, Pablo R From: Dennis Deblois [DDeblois @intldata.com] Sent: Tuesday, May 03, 20112:55 PM To: Velez, Pablo R Cc: Dennis Deblois Subject: RE: Windstream PRI's Yes, this addresses all of the items I mentioned below. Thanks, Dennis X From: Velez, Pablo R [ mailto:PVelez @southmiamifl.gov] Sent: Tuesday, May 03, 2011 10:16 AM To: Dennis Deblois; Joe D. Mule Cc: Riverol, Alfredo Subject: FW: Windstream PRI's Dennis, I'm in the process of prepping an Agenda Item for next Commission Meeting for the Windstream PRI. Please let me know if the attached addresses the concerns you expressed in the email trail below. Mr. Mule, Concerning this Agenda Item, as part of the supporting documentation I need to provide two (2) other proposals as well. Please provide the same. Should there be any questions, please contact me. Thank you. Pablo R. Velez, Esq., CPPB Purchasing Mnanager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 -5093 Office: (305) 663 -6339 Fax: (305) 667 -7806 Email: pvelez cityofsouthmiami.net From: Joe D. Mule [mailto:j.mule @xpotek.com] Sent: Thursday, April 21, 20113:19 PM 5/9/2011 Page 2 of 4 To: Riverol, Alfredo; Dennis Deblois; Velez, Pablo R Subject., RE: Windstream PRI's Alfredo, I've attached the SLA's from Windstream. I had originally included it along with the pricing in the email I sent you on Tuesday. Let me know if this suffices. From: Riverol, Alfredo [ mailto :ARiverol @southmiamifl.gov] Sent: Thursday, April 21, 20113:14 PM To: Dennis Deblois; 'Joe D. Mule'; Velez, Pablo R Cc: Dennis Deblois Subject: RE: Windstream PRI's Can you please make sure the SLA addresses the below concerns. Alfredo Riverol, CPA Cr.FA Chief Financial Officer City of South Miami 6130 Sunset Drive South Miami, FL 33143 o:305- 663 -6343 f: 305 - 663 -6346 p: 305 -588 -1850 ariverol(@southmiarnifl.gov www.southmiamifl.gov From: Dennis Deblois [mailto:DDeblois @intidata.com] Sent: Thursday, April 21, 20113:00 PM To: Riverol, Alfredo Cc: Dennis Deblois Subject: RE: Windstream PRI's Alfredo, Please don't forget the SLA or Service Level Agreement part of the contract. We need to have these guys on the hook for failures. money back, response time, monitored circuit, 24 x 7 availability etc. Thanks, Dennis 5/9/2011 Page 3 of 4 E From: Riverol, Alfredo [ mailto :ARiverol @southmiamifl.gov] Sent: Thursday, April 21, 2011 1:59 PM To: 'Joe D. Mule'; Dennis Deblois; Velez, Pablo R Subject: RE: Windstream PRI's Excellent Thank you Alfredo Riverol, CPA Cr.FA Chief Financial Officer City of South Miami 6130 Sunset Drive South Miami, FL 33143 o:305- 663 -6343 f: 305 - 663 -6346 p: 305 -588 -1850 arivero I(a)southm iamifl.gov www.southmiamifl.gov From: Joe D. Mule [mailto:j.mule @xpotek.com] Sent: Thursday, April 21, 20111:24 PM To: Riverol, Alfredo; Dennis Deblois; Velez, Pablo R Subject: Windstream PRI's Alfredo, Windstream agreed to the three year pricing on the two year agreement on the PRI's. Attached is the appropriate paperwork. Thank you, Joe D. Mule' CEO 954 -804 -1333 Mobile 888- 334 -2990 Ext 702 office XpoTek - "Where Your Success Defines Ours" www.xvotek.com PRIVATE / PROPRYETARY This e -mail, Including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and legally privileged or propriety information. Any unauthorized review, use, disclosure, distribution or any action omitted or taken in reliance on it, is prohibited and may be unlawful. If you are not the intended recipient, immediately contact the 5/9/2011 Page 4 of 4 sender by reply e -mail and destroy all copies of the original message. This e-mail communication is confidential and is intended only for the individual(s) or entity named above and others who have been specifically authorized to receive it. if you are not the intended recipient, please do not read, copy, use or disclose the contents of this communication to others. Please notify the sender that you have received this email in error by replying to the email. Please then delete the email and any copies of it. This e -mail communication is confidential and is intended only for the individual(s) or entity named above and others who have been specifically authorized to receive it. If you are not the intended recipient, please do not read, copy, use or disclose the contents of this communication to others. Please notify the sender that you have received this email in error by replying to the email. Please then delete the email and any copies of it. 5/9/2011 (t) CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTCE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing at its regular City Commission meeting scheduled for iueaay- May t7. 2011, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with the firm of Windstream Corporation for the provision of Internet and tefecommuni- cations- related services at the rate of $325.00 per month for the duration of a two (2) year term, and providing for an effective date. ALL interested parties are invited to attend and will be heard. For further information, please contact the Planning & Zoning Department at: 305- 663 -6326. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 5/6 11- 3.138/1694592M Customer: CITY OF SOUTH MIAMI Contact: M.M. MENENDEZ Phone: 3056636340 Ad Number: 1694592 Insert Dates: 05106/2011 Price: 81.10 Section: PUH Class: 701; HEARINGS Size: 2x4.88 Printed By: DBRVPL Date: 05 /13/2011 Signature of Approval: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - MAY 31, 2011 in the XXXX Court, was published in said newspaper in the issues of 05/20/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, corn fission or refund for the purpose of securing thi ertisement 5 ublication In the said to andsab9cribed before me this 20 dal of MAY , A.D. 2011 (SEAL) MARIA MESA personally known to me 0�x otary Public State of Florida Veronica pare My Commissi n��nnnropwa pm. For further inform 305 - 883.5340•" Pursuant to Florida. S public that if a; person Boafdi Agency oir Corm Its meeting or hearing, and that for such purp verbatIT record 'of the testimony and evidence 5/20, u6c�