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14Agenda Item No:14. City Commission Agenda Item Report Meeting Date: June 5, 2018 Submitted by: Steven Kulick Submitting Department: Procurement Division Item Type: Resolution Agenda Section: RESOLUTION(S) PUBLIC HEARING(S) Subject: A Resolution authorizing the City Manager to enter into a multi-year contract for citywide SIP phone service with Windstream for a total term not to exceed three (3) consecutive years. 3/5 (City Manager-Finance) Suggested Action: Attachments: revCM Memo Windstream SIP Contract 5.14.18.docx.JC.docx W Nos Resolution Windstream SIP Phone Service 5.14.18.docx City of South Miami Service Agreement 4-25-18.pdf add_50755_50755_City of South Miami - Various REVISED - Kelly Wasko 4.26.2018_cj.pdf IT Recommendation SIP Phone System.pdf Miami Herald Advertisement.pdf MDBR Advertisement.pdf 912 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Steven Alexander, City Manager DATE:June 5, 2018 Agenda Item No.:_______ SUBJECT:A Resolution authorizing the City Manager to enter into a multi-year contract for citywide SIP phone service with Windstream for a total term not to exceed three (3) consecutive years. BACKGROUND:The City is looking to keep pace with all technological advancesand reduce costs, and this includes the area of communication/telephone. The City currently operates Primary Rate Interface (PRI) which is a telecommunications interface standard used on an Integrated Services Digital Network (ISDN) for carrying multiple voice and data transmissions between the network and a user. PRI has been the standard for providing telecommunication services to enterprises and offices. The City is recommendingmovingto the newest telephony technology, Session Initiation Protocol (SIP) which is a way to deliver voice via the Internet. SIP is a telephony networking protocol (much like other network protocols such as HTTP and SMTP); therefore,it's a network technology rather than a legacytelephone technology like PRI. By the City moving in this direction, the City would eliminate paying for lines, which for long-periods go unused, and moving towards, pay-as-you- use technology. The City requested quotes for SIP phone servicefrom three Telephone Companies: 913 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM PER MONTH ANNUAL SESSION BORDER CONTROLLER (SBC) YEAR ONE ANNUAL COST YEAR 2 -3 ANNUAL COST THREE- YEAR TOTAL AT & T $1,279.32 $15,351.84 $3,774 –One-time Cost, Includes 5-year Maintenance ($1,814: 5- year maintenance) $19,125.84 $34,331.68 $53,457.52 CALL ONE $1,432.00 $17,184.00 $3,774 –One-time Cost, Includes 5-year Maintenance ($1,814: 5- year maintenance) $20,958.00 $37,996.00 $58,954.00 WINDSTREAM $1,497.26 $17,967.12 Included with Quote $17,967.12 $35,934.24 $53,901.36 The City of South Miami Information Technology Division reviewed each proposal and has recommended Windstream,the City’s current phone PRI provider,as the SIP circuit provider. Windstream’s quote includes a Session Border Controller (SBC)which is a device regularly deployed in Voice over Internet Protocol (VoIP) networks to exert control over the signaling and usually also the media streams involved in setting up, conducting, and tearing down telephone calls or other interactive media communications. The SBC provided by Windstream is the same SBC deployed by Miami-Dade County for their SIP equipment. Both AT&T and Call One require a separate SBC purchaseand maintenance agreement provided and managed by Teleswitch. Year one, Windstream is $1,158.72 less than AT & T due to the cost of the SBC ($3,774). Year two, AT & T includes $1,814 for the SBC maintenance agreement, as a result, Windstream is $1602.56 higher. Over the three- year term, Windstream is $443.84 higher over AT & T; however, the entire SIP circuits, SBC and related phone service will be provided by one carrier, Windstream, which is preferred over multiple carriers; especially for service issues, maintenance and repairs. Windstream is a very well-establishedtelecommunications provider and will be providing a dedicated SIP circuit for bandwidthfor the City’sphone system and, has no one-time charge. The Shoretel Voice over Internet Protocol (VoIP)phone system is currently using legacy analog phone PRI circuits and it is recommended to migrate onto SIP circuits to leverage the Shoretel VoIP phone system unified communication functionality and features.The City will be able to leverage the new Check Point firewalls to setup a secure interconnection 914 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM to the proposed SIP network (Windstream) and the Shoretel phone system. Furthermore, the City of South Miami can take advantage of the features associated with VoIP/SIP phones such as those of Skype and other PC-based phone services, which have little or no cost to implement over the VoIP/SIP network. Lastly, Windstream is also currentlythe provider of the City’s Business/Copper Analog Emergency Telephone Lines, which are used during any emergency, providing non-electrical required communication. FUNDING:$1497.26 Monthly and charged to Account No. 001-1320-513-4125, Procurement Division –Telephonewith a current balance of$11,717.33 before this request. ATTACHMENTS:Resolution WindstreamProposal and Terms and Conditions Recommendation, Information Technology Division 915 RESOLUTION NO: _______________1 A Resolution authorizing the City Manager to enter into a multi-year contract for 2 citywide SIP phone service with Windstream for a total term not to exceed three (3) 3 consecutive years. 4 WHEREAS, the City requested quotes forSession Initiation Protocol (SIP) phone service 5 fromthree telephone companies, Windstream, AT & T and Call One; and6 WHEREAS,based on a review of the quotations received the City of South Miami’s 7 Information Technology Division recommends Windstream, thecurrent phone circuit provider, 8 as the SIP circuit provider. Windstream is a very well-establishedtelecommunications provider 9 and will be providing a dedicated circuit for bandwidth for the City’s phone system and has no 10 one-time charge; and11 WHEREAS;The Shoretel Voice over Internet Protocol (VoIP) phone system is currently 12 using legacy analog phone circuits and it is recommended to migrate onto SIP circuits to leverage 13 the Shoretel VoIP phone system unified communication functionality and features. The City will 14 be able to leverage the new Check Point firewalls to setup a secure interconnection to the 15 proposed SIP network (Windstream) and the Shoretel phone system; and16 WHEREAS,the City of South Miami can take advantage of the features associated with17 VoIP/SIP phones such as those of Skype and other PC-based phone services, which have little or 18 no cost to implement over the VoIP/SIP network;and19 WHEREAS, the monthly expenditure of $1,497.26 will be charged to account no. 001-20 1320-513-4125, Procurement Division –Telephone with a current balance of $11,717.33 prior 21 to this request.22 NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND THE CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA:24 Section 1. The City Manager is hereby authorized to enter into a multi-year contract for 25 citywide SIP phone service with Windstream for a total term not to exceed three (3) 26 consecutive years. 27 28 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 29 for any reason held invalidor unconstitutional by a court of competent jurisdiction, this holding 30 shall not affect the validity of the remaining portions of this resolution.31 Section 3. Effective Date: This resolution shall take effect immediately upon approval.32 PASSED AND APPROVED this ____ day of ____________, 201833 916 ATTEST:APPROVED:1 2 ________________________________________3 CITY CLERK MAYOR4 5 READ AND APPROVED AS TO FORM COMMISSION VOTE:6 LANGUAGE, LEGALITY AND Mayor Stoddard:7 EXECUTION THEREOF Vice Mayor Harris:8 Commissioner Welsh:9 Commissioner Liebman:10 ________________________Commissioner Gil:11 CITY ATTORNEY12 917 Location Name & Service Address Access Voice Integrated Voice & Data Total CITY OF SOUTH MIAMI 6130 SUNSET DR, SOUTH MIAMI, FL 33143-5040 $615.16 $379.75 $502.35 $1,497.26 Total $615.16 $379.75 $502.35 $1,497.26 Service Location Listing - Monthly Recurring Charges Primary Billing Account CITY OF SOUTH MIAMI, #7034899 Quote #1580940 Company Representative Kelly Wilson Rep ID e0145540 Effective Date 04/20/2018 MMF $1,497.26 PROPOSAL SUMMARY Page 1 of 12 918 PROPOSAL Customer Name Customer Name CITY OF SOUTH MIAMI, #7034899 Proposal / Quote ID 1580940 Install Street Address 6130 SUNSET DR City, State, Zip SOUTH MIAMI, FL, 33143-5040 Opportunity ID 1659994 Service Order Type Renewal/Upsell Contract Term 36 Effective Date 04/20/2018 Bundled Services Total Qty Price/Unit Total Price Dynamic IP Bundle Ethernet 10 Mb --Included SIP Call Path 38 --Included Managed Router Equipment ----Included Managed Router - Advanced ----Included Total Services $1,001.51 Included Total Qty Price/Unit Total Price Common Voice Features LD Block of 1000 --7 $20.00 $140.00 900/976 Block --1 $0.00 $0.00 International Block --1 $0.00 $0.00 Dynamic IP IP Addresses Block of 4 Charge --1 $0.00 $0.00 20 DID Station Numbers --6 $4.00 $24.00 FSLC Charge --10 $9.20 $92.00 Internet Charge --1 $0.00 $0.00 Advantage Business Lines FSLC --7 $9.20 $64.40 Advantage Business Lines Charge ũ --7 $25.05 $175.35 Total Features $495.75 Usage Rates Dedicated Switched Initial Additional Call Usage Type Rate Rate Increment Increment Rounding Regional Long Distance Charges (D)0.0300ï 6 sec 6 sec 2 digit In State Long Distance Charges (D)0.0300ï 6 sec 6 sec 2 digit Out of State Long Distance Charges (D)0.0300ï 6 sec 6 sec 2 digit Other Charges (Non-Recurring)Included Total Qty Price/Unit Total Price Access Loop Local Loop Install Charge --1 $0.00 $0.00 Dynamic IP Managed Router - Advanced Installation Charge --1 $130.00 $130.00 Advantage Business Lines 1st Line Install --1 $0.00 $0.00 Additional Line Install --1 $0.00 $0.00 Service Order Charge --1 $0.00 $0.00 Total Other Charges (Non-Recurring)$130.00 Rates listed within the Usage Rates section are applicable for all locations, unless otherwise noted on the individual Service Location listing in the Usage Rates sub-section. Page 2 of 12 919 Notes: 1 - Per Minute 2 - Per Call 3 - Per Minute per Participant * Rates are subject to change on 30 days notice via bill message on customer's invoice. $GGLWLRQDOFKDUJHVDSSO\IRUDOOORFDOORQJGLVWDQFHDQG;;IHDWXUHVQHWZRUNDFFHVVFKDUJHURXWHUPDLQWHQDQFH&3(PDLQWHQDQFHDQGGLUHFWRU\OLVWLQJV For the current features pricing, go to http://www.paetec.com/about-us/notice. $PRXQWVOLVWHGDUHUHDVRQDEOHDSSUR[LPDWLRQVEDVHGRQLQLWLDOSURSRVDO$FWXDODPRXQWVVKDOOGHSHQGRQILQDOOHDVHDPRXQWVHWIRUWKLQWKH&XVWRPHU V Lease Agreement. ũLocal Usage is an additional charge in CA, DC, MA, MD, NH, NJ, NY, PA and RI and will be billed at the current tariffed rate. Rates are subject to change on 30 days notice via bill message on customer's invoice. Each call is billed to two decimal places and rounds the billed amount for each call up to the nearest whole cent. Total Solution Total Price Total Monthly Recurring Charges $1,497.26 Total Non-Recurring Charges $130.00 Minimum Monthly Fee $1,497.26 This Proposal is subject to and controlled by the Windstream Service Terms and Conditions, which are incorporated herein by reference and attached hereto. Your signature constitutes your acceptance of the Proposal and your agreement to Windstream¶s Service Terms and Conditions. CUSTOMER Printed Name: Title: Date: WINDSTREAM Printed Name: Title: Date: Signature:Signature: This offer is voidable by Windstream if not signed and returned to Windstream by 4th day of June, 2018 . Service Information Page 3 of 12 920 WINDSTREAM SERVICE TERMS AND CONDITIONS Together with any proposal/order, service schedule(s), and any document incorporated by reference herein, these terms ("Agreement") apply to all telecommunications and related services ("Services") provided to Customer by the Windstream affiliate billing Customer ("WIN"). 1.Term and Renewal. This Agreement is effective on the date identified on the proposal ³Effective Date´and will continue for the term set forth in the proposal from the last date that Services are installed (the ³Term´Upon expiration of the Term, this Agreement will automatically renew for successive one-year terms (each, a ³Renewal Term´If this Agreement is a renewal, it may take one to two billing periods for the rates herein to become effective. 2.Charges for Services. Charges are set forth on a proposal or assessed as Services are used by Customer (i.e., features, installation/repair, including after- hours installation, long distance (rounded up to next cent), etc.). Customer is responsible for all permissible taxes, surcharges, fees, and assessments that DSSO\WR6HUYLFHVLQFOXGLQJKRZWKRVHPD\FKDQJHLQWKHIXWXUHDQGUHJDUGOHVVRIZKHWKHUVXFKFKDUJHVDUHLGHQWLILHGLQWKH$JUHHPHQW&XVWRPHUVKDOO pay all charges if WIN or a third party provider is required to extend the demarcation point, delay installation due to Customer, or undertake special construction. WIN RESERVES THE RIGHT TO INCREASE OR DECREASE MONTHLY RECURRING CHARGES ³MRCS´ON AT LEAST THIRTY (30) DAYS¶NOTICE AND OTHER RATES AT ANY TIME. 3.Installation&XVWRPHUPXVWSURYLGHDQHQYLURQPHQWWKDWLVVXLWDEOHIRUWKH6HUYLFHVLQFOXGLQJHTXLSPHQWWKDWLVFRPSDWLEOHZLWK:,1¶VQHWZRUN Unless otherwise agreed in writing by WIN, Customer is responsible for obtaining access to Customer¶s premises for WIN to install Services/perform maintenance and WIN will not enter into any agreements with Customer¶s landlord or other third parties to obtain same. Customer is solely responsible for disconnecting Services with its current service provider to avoid duplicated charges after Service installation. For fixed wireless Services, unless RWKHUZLVHDJUHHGLQZULWLQJE\:,1&XVWRPHUKDVWKHDGGLWLRQDOPDWHULDOREOLJDWLRQVWRDREWDLQURRIULJKWVDQGPDNHDYDLODEOHDOOHYLGHQFHRIVDPH to WIN; (b) provide space for WIN equipment at the Service locations, no further than three hundred (300) feet from Customer's router or switch LQWHUIDFHDQGFSURYLGHLQWHUQDOEXLOGLQJFRQGXLWWRDOORZ:,1WKHDELOLW\WRURGURSHWRWKHSRLQWRIGHPDUFDWLRQ:,1VKDOOQRWEHOLDEOHIRUDQ\ reasonable alterations or necessary work to the Service locations that are required for installation and removal of WIN equipment. 4.Billing and Payment; Disputes. Installation occurs and billing at a location begins on the earlier of (i) the date WIN makes Services available to Customer for its use (which may be the date administrative access to certain software-based Services is granted to Customer); or (ii) the date that Service ZRXOGKDYHEHHQDYDLODEOHIRUXVHE\&XVWRPHULI&XVWRPHUKDGIXOILOOHGLWVREOLJDWLRQVUHTXLUHGWRSURYLVLRQDQGLQVWDOOWKH6HUYLFH%LOOVDUHLVVXHG PRQWKO\DQGDUHODWHLIQRWSDLGE\WKHGXHGDWHUHIOHFWHGRQWKHLQYRLFH&XVWRPHULVUHVSRQVLEOHIRUSD\LQJDOOFRVWVDQGIHHV:,1LQFXUVDVDUHVXOWRI FROOHFWLQJ&XVWRPHU VXQSDLGDQGUHVROYHGGLVSXWHGFKDUJHV:,1PD\FKRRVHWRELOOLQIXOOPRQWKO\LQFUHPHQWVZLWKQRSURUDWLRQIRUSDUWLDOVHUYLFH SHULRGVZKHQ6HUYLFHHLWKHUVWDUWVRUHQGVLQWKHPLGGOHRIDELOOLQJF\FOH:,1PD\DFFHSWSD\PHQWVPDUNHG³payment in full´or being in settlement of any dispute without waiving any rights it has to collect in full. If full payment is not received for undisputed charges in immediately available funds, WIN ZLOODGGFROOHFWLRQDQGODWHIHHV,QFHUWDLQVHUYLFHDUHDVSDSHUELOOVDUHDYDLODEOHRQO\XSRQUHTXHVWDQGIRUDPRQWKO\FKDUJH7RGLVSXWHFKDUJHV Customer must do so in good faith and deliver to WIN in writing the specific basis for such dispute within sixty (60) days after the date on the invoice or the dispute shall be deemed waived. 5.Credit and Deposits.&XVWRPHUDXWKRUL]HV:,1WRDVNFUHGLWUHSRUWLQJDJHQFLHVIRU&XVWRPHU¶s credit information. WIN may either refuse to serve Customer based on such credit information or require Customer to submit an initial security deposit and/or advance payment or if Customer increases Services, is late on payment, or its credit rating changes. Any deposit will be refunded if not applied by WIN to any unpaid amount. 6.0RYHVIf Customer moves, it must provide at least ninety (90) days¶advance written notice and pay applicable installation charges and increased PRQWKO\VHUYLFHFKDUJHVIRUWKHQHZORFDWLRQ,I:,1FDQQRWVHUYHWKHQHZORFDWLRQFDQQRWLQVWDOO6HUYLFHDWWKHQHZORFDWLRQGXHWR&XVWRPHU¶s failure to provide enough notice, or Customer terminates due to the move, cancellation charges or liquidated damages pursuant to Sec. 11 shall apply. 7.WIN-Provided and Owned Equipment; Customer Equipment Compatibility. Any equipment owned and installed by WIN on Customer¶s premises UHPDLQVWKHSURSHUW\RI:,1(TXLSPHQWVKDOOUHPDLQLQJRRGFRQGLWLRQDQGEHUHDVRQDEO\SURWHFWHGE\&XVWRPHUIURPWKHIWDQGGDPDJHOHVVQRUPDO wear and tear. WIN shall be responsible for the maintenance and repair of the equipment unless it is damaged as a result of the action or inaction of Customer or its employees or agents, in which case Customer shall reimburse WIN for the cost of any necessary repairs. WIN reserves the right to refuse to perform any installation or repair work and may, when necessary, charge Customer for interior or exterior cable or wiring to complete the installation or UHSDLUVDW:,1 VWKHQFXUUHQWKRXUO\UDWHV&XVWRPHUVKDOOSURYLGH:,1UHDVRQDEOHDFFHVVWRWKHHTXLSPHQWIRUSXUSRVHVRIUHSDLUPDLQWHQDQFHUHPRYDO or otherwise. If WIN does not have access to Customer¶s premises within thirty (30) days after Customer terminates this Agreement, or if WIN requires Customer to return the equipment and Customer does not return the equipment to WIN within thirty (30) days of termination or it is returned damaged (during shipping or otherwise), Customer shall reimburse WIN for the replacement cost of the equipment plus processing and shipping fees, as well as any attorney¶VIHHVDQGFRVWVWRFROOHFW&XVWRPHU¶s equipment, software, cables or hardware attached to WIN equipment or WIN¶s network is solely the responsibility of Customer and must be compatible with and not cause any interference on WIN¶VQHWZRUN 8.WIN-Provided Software. Software and its documentation provided as part of Services and Equipment or otherwise provided by WIN to Customer shall be used by Customer solely as part of the Services and for no other purpose and Customer acknowledges and agrees that the Software is the exclusive property of WIN or a third-party licensor. Customer may be required to provide WIN with evidence that its use of the software is in compliance with this $JUHHPHQWDQGRUWKLUGSDUW\VRIWZDUHOLFHQVRU VWHUPV&XVWRPHUDJUHHVLWZLOOQRWLXVHRUPDNHDQ\FRSLHVRIWKHVRIWZDUHRULQVWDOOWKHVRIWZDUHRQ more than one computer at a time; (ii) reverse engineer, decompile, or disassemble the software; (iii) sell, resell, transfer, license, sublicense, distribute the software or otherwise allow third parties to access to use the software; or (iv) create, write, or develop any derivative software or other software program that is based on such software. Page 4 of 12 921 9.8VHRI6HUYLFHV5HVWULFWHG&DOOLQJ6HUYLFHV+,3$$&RPSOLDQFHCustomer and/or anyone acting through it may not resell Services or use Services IRUDWUDIILFDJJUHJDWLRQELWVRZQHQGXVHUVDQGRUFXVWRPHUVDVDWHOHFRPPXQLFDWLRQVRUDQ\RWKHUNLQGRISURYLGHUFVHQGLQJ:,1FDOOVWKDW originate from a location other than the local calling area associated with the Customer¶s service location; or (d) sending WIN large volumes of calls from RUWRDUHDVWKDWDUHKLJKFRVWDUHDVZLWKDFFHVVFRVWVJUHDWHUWKDQUHJLRQDO%HOORSHUDWLQJFRPSDQ\DFFHVVFRVWVRUWRDWROOIUHHQXPEHU$GGLWLRQDOO\QR more than ten percent (10%) of Customer¶s calls may be six (6) seconds or less and/or no more than forty percent (40%) of call attempts may be XQFRPSOHWHGSHUWUXQNJURXSDQGRU'6'6HTXLYDOHQW)RUYLRODWLRQVRIWKLV6HFWLRQ:,1PD\ZLPPHGLDWHO\WHUPLQDWH6HUYLFHV[FKDUJH Customer long-distance charges and an additional price per minute; (y) charge Customer any additional amounts necessary to recoup WIN¶s administrative costs and charges from other carriers;DQGRU]UHTXLUH&XVWRPHUWRSD\IRUWKHH[FHVVLYHXVHLPPHGLDWHO\DQGPDNHDGHSRVLW DRestricted Calling Services. WIN will restrict international long distance and 900/976 calling functionality ³Restricted Calling Services´from Customer¶s account originating on the WIN-provided Service and will only restore such functionality upon request by an authorized representative of Customer. In the event Customer requests restoration of such functionality, Customer agrees and acknowledges that it is liable for all charges associated with the Restricted Calling Services dialed from Customer¶s premises or through the use of Customer¶s WIN account access and/or calling card codes, regardless of whether such use is: (i) authorized by Customer management, (ii) initiated by Customer employees or third parties, or (iii) constitutes or LQYROYHVIUHTXHQWDFWLYLW\RIDQ\QDWXUH&XVWRPHUDJUHHVWKDW:,1DVVXPHVQROLDELOLW\RIDQ\NLQGZLWKUHVSHFWWRLWVSURYLGLQJDFFHVVWR5HVWULFWHG Calling Services via connections from Customer premises and locations where Customer uses WIN Services. Customer shall indemnify, defend and hold harmless WIN against any and all claims made by the third party provider of Restricted Calling Services. Customer acknowledges that, pursuant to government regulation, failure to make proper payment to third party vendors of Restricted Calling Services could result in suspension or interruption of long distance and/or local services provided by WIN, and WIN assumes no liability of any kind with respect to such potential service suspensions or interruptions. EHIPAA Compliance&XVWRPHULVUHVSRQVLEOHIRULQIRUPLQJ:,1LQZULWLQJLIL&XVWRPHULVD&RYHUHG(QWLW\RU%XVLQHVV$VVRFLDWHERWKDV defined in the Health Insurance Portability and Accountability Act of 1996 ³HIPAA´and (ii) Customer Content includes Protected Health Information ³PHI´DVGHILQHGLQ+,3$$,I&XVWRPHUQRWLILHV:,1WKDWLWLVD&RYHUHG(QWLW\RU%XVLQHVV$VVRFLDWHDQGWKDW&XVWRPHU&RQWHQWLQFOXGHV3+,DQG WIN determines that, based on such notification, it is rendered a Business Associate, then the parties will execute WIN¶V%XVLQHVV$VVRFLDWH$JUHHPHQW If Customer does not so notify WIN, then WIN will have no obligation to provide the Services in compliance with HIPAA. 10.Termination. Either party may terminate this Agreement by providing at least thirty (30) days¶notice prior to the end of the initial Term or a Renewal 7HUPRULIWKHRWKHUSDUW\LVLQEUHDFKRIDQ\PDWHULDOSURYLVLRQRIWKLV$JUHHPHQWDQGIDLOVWRFXUHZLWKLQWKLUW\GD\VDIWHUZULWWHQQRWLFHRUDIWHU ten (10) days¶notice for nonpayment). Customer¶VULJKWWRWHUPLQDWHIRUEUHDFKDSSOLHVWRWKHDIIHFWHGORFDWLRQDQGRU6HUYLFHVRQO\:,1PD\OLPLW interrupt, suspend or terminate Services IMMEDIATELY if Customer or others acting through Customer: (a) use the Services in violation of Sec. 9; (b) use the Services in a manner that affects WIN¶s network or other customers, (c) use the Services fraudulently or unlawfully; (d) use the Services in an excessive, abusive, or unreasonable manner that is not customary for the type of Services; or, (e) use the Services in a manner that may cause or is causing an imminent and significant operational, financial, or security risk; or, (f) impersonates another person, uses obscene or profane language or is abusive to RUKDUDVVLQJ:,1UHSUHVHQWDWLYHVDQGIDLOVWRVWRSVXFKEHKDYLRUDIWHUUHFHLYLQJDZULWWHQRUYHUEDOZDUQLQJ$IWHUWHUPLQDWLRQGXHWREUHDFK:,1PD\ UHVWRUH6HUYLFHLI&XVWRPHUFRUUHFWVDQ\EUHDFKDQGSD\VDOORXWVWDQGLQJDPRXQWVRZHGLQFOXGLQJUHVWRUDWLRQFKDUJHV,QDGGLWLRQWRWKHVHWHUPLQDWLRQ rights, if WIN determines that providing Services is not economically or technically feasible or because underlying facilities leased from third parties are no longer available to WIN due to legal/regulatory changes, WIN has the right to terminate this Agreement either prior to installation or on sixty (60) days¶QRWLFHDIWHULQVWDOODWLRQ 11.(IIHFWRI7HUPLQDWLRQ DPre-Installation- If Customer terminates this Agreement due to any reason other than WIN¶s material breach or if WIN terminates this Agreement due to Customer¶s material breach after the Effective Date but prior to the installation of Service(s), Customer will pay WIN a Pre-Installation Cancellation Charge ³Cancellation Charge´equal to three (3) months of MRCs except that if WIN¶s costs to other providers are greater than this amount, Customer shall also reimburse WIN for such additional costs. Customer agrees that the Cancellation Charge is a reasonable measure of the administrative costs and other fees incurred by WIN to prepare for installation. The Cancellation Charge set forth in this Section is in lieu of the charges set forth in 11(b). EPost-Installation - IF CUSTOMER TERMINATES THIS AGREEMENT OR PART OR ALL SERVICES PROVIDED HEREUNDER AFTER INSTALLATION DURING THE INITIAL OR RENEWAL TERM FOR ANY REASON OTHER THAN FOR WIN¶S MATERIAL BREACH OR IF WIN TERMINATES THIS AGREEMENT DUE TO CUSTOMER¶S MATERIAL BREACH, CUSTOMER SHALL PAY TO WIN AS LIQUIDATED DAMAGES, AND NOT AS A PENALTY, AN AMOUNT EQUAL TO ONE HUNDRED PERCENT (100%) OF THE MRCS APPLICABLE TO THE SERVICES THAT WERE TERMINATED MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN-CURRENT TERM OR RENEWAL TERM EXCEPT THAT IF WIN¶S COSTS TO OTHER PROVIDERS ARE GREATER THAN THIS AMOUNT, CUSTOMER SHALL ALSO REIMBURSE WIN FOR SUCH ADDITIONAL COSTS. IF THE CUSTOMER PARTIALLY CANCELS AND HAS A MINIMUM MONTHLY FEE ³MMF´THEN THE CUSTOMER SHALL CONTINUE TO BE BILLED THE MMF ³LIQUIDATED DAMAGES´CUSTOMER ACKNOWLEDGES THAT ACTUAL DAMAGES WOULD BE DIFFICULT TO DETERMINE AND SUCH LIQUIDATED DAMAGES REPRESENT A FAIR AND REASONABLE ESTIMATE OF THE DAMAGES WHICH MAY BE INCURRED BY WIN. 12. Limitation of Liability; Indemnity. FOR PURPOSES OF SECTIONS 12 AND 13, ³WIN´INCLUDES ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS, AND ANY ENTITY ON WHICH BEHALF WIN RESELLS SERVICES. EXCEPT FOR WILLFUL MISCONDUCT, WIN¶S LIABILITY FOR SERVICES AND INSTALLATION WILL NOT EXCEED ANY CREDITS OFFERED BY WIN FOR OUTAGES PURSUANT TO WIN¶S THEN-EFFECTIVE CREDIT POLICY. IN NO EVENT WILL WIN BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), ANY PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICE, OR ATTORNEY¶S FEES. CUSTOMER IS RESPONSIBLE FOR ALL USAGE, CHARGES, AND LIABILITY INCURRED DUE TO THEFT OR FRAUD OVER THE SERVICES WHILE IN CUSTOMER¶S CONTROL, REGARDLESS OF WHETHER/WHEN WIN NOTIFIES CUSTOMER OF INCREASED USAGE. PRICING OF SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT WIN¶S LIABILITY AS PROVIDED HEREIN. CUSTOMER INDEMNITY: CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD WIN HARMLESS IF CUSTOMER¶S USE OF THE SERVICES CAUSES A THIRD PARTY TO MAKE A CLAIM AGAINST WIN. Page 5 of 12 922 13.Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED HEREIN, SERVICES, EQUIPMENT, AND THE DESIGNATED CUSTOMER AREA ON WIN¶S PREMISES, IF APPLICABLE, ARE PROVIDED ON AN ³AS IS´AND ³AS-AVAILABLE´BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE INCLUDING, BUT NOT /,0,7('72%52$'%$1'63(('681,17(55837('25(5525)5((6(59,&(75$160,66,2148$/,7<$1'$&&85$&< 2)$1<',5(&725</,67,1*6(;&(37$6(;35(66/<3529,'(',1:,1¶S PRIVACY POLICY AND BY LAW, WIN HAS NO OBLIGATION TO PROVIDE SECURITY OR PROTECTION FOR CUSTOMER¶S PRIVACY, CONFIDENTIAL INFORMATION OR '$7$1225$/25:5,77(1$'9,&(25,1)250$7,21%<:,1¶S EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION. 14.Force Majeure. WIN shall have no liability, including service credits, for any delay or failure to perform caused by any event beyond its reasonable control or during any maintenance periods necessary on WIN¶s network or equipment, including but not limited to delays or failures caused by third parties¶or Customer¶s actions or failure to act or permit WIN access. 15.Documents Incorporated by Reference; Entire Agreement; Counterparts; Execution. THIS AGREEMENT IS SUBJECT TO AND INCORPORATES THE FOLLOWING BY REFERENCE, AS THEY MAY CHANGE FROM TIME TO TIME: (I) THE TERMS AND &21',7,2162)7+(7$5,))6),/(':,7+67$7(38%/,&6(59,&(&200,66,216,,7+()&&2567$7(6(59,&( PUBLICATIONS POSTED AT http://www.windstream.com/Legal-Notices/; (III) FOR INTERNET, THE ³ACCEPTABLE USE POLICY´ POSTED AT http://www2.windstream.net/customersupport/usersguide/accept/accept.html AND THE ³PRIVACY POLICY´POSTED AT http://www.windstream.com/privacy.aspx; (IV) FOR CERTAIN VALUE-ADDED SERVICES (I.E., ONLINE BACK UP SERVICES, TECH HELP, ETC), THE CLICK-THROUGH AGREEMENTS RELATED TO THOSE SERVICES REQUIRED PRIOR TO ACCESSING THEM; AND (V) THIRD PARTY SOFTWARE TERMS, IF APPLICABLE. This Agreement constitutes the parties¶HQWLUHDJUHHPHQW,QWKHHYHQWRIDQ\ conflict between the terms of this document and any of the documents incorporated by reference, the terms of this document control followed (in order) by any click-through agreements for applicable Services, the Tariffs and the FCC or state Service Publications, and then the Acceptable Use and Privacy policies 16.0LVFHOODQHRXVDSignatures and Amendments: This Agreement may be signed in counterparts, and facsimile or electronic scanned copies may be treated as original signatures. WIN also may execute this Agreement via a verifiable electronic signature. This Agreement may be amended only in a ZULWLQJVLJQHGE\DXWKRUL]HGUHSUHVHQWDWLYHVRIHDFKSDUW\7KLV$JUHHPHQWDQGLWVLQFRUSRUDWHGGRFXPHQWVVXSHUVHGHDQ\DQGDOOVWDWHPHQWVRUSURPLVHV made to Customer by any WIN employee or agent; (b) Notices and Electronic Communications: Any notice pursuant to this Agreement must be in writing and will be deemed properly given if hand delivered or mailed to Customer at the address populated on Customer¶s proposal or to WIN at WIN, Attn: Correspondence Division, 301 N. Main St., Greenville, SC 29601, windstream.business.support@windstream.com or at such other address provided to the other party. Customer disconnection requests must be initiated by accessing the online portal at www.windstreamonline.com, or by calling 1-800- &86720(5$*5((67+$7:,10$<6(1'(/(&7521,&0(66$*(672&86720(5&21&(51,1*:,1¶S SERVICES; (c) Compliance with Laws; Applicable Law(DFKSDUW\VKDOOFRPSO\ZLWKDOOODZVDQGUHJXODWLRQVDSSOLFDEOHWRWKLV$JUHHPHQW7KLV$JUHHPHQWLV subject to applicable federal law and the laws of the state in which the Services are provided or, if provided in multiple states, then Delaware law, both of which shall be without regard to that state¶s conflict of laws principles; (d) Waiver of Jury Trial.($&+3$57<+(5(72+(5(%<:$,9(672 THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT; (e) Statute of Limitations: Other than billing disputes subject to shorter time periods in Sec. 4, no claim may be asserted by either party more than two (2) years after the occurrence that is the basis of the claim; (f) Assignment: On written notice, either party may assign this Agreement (for WIN, such assignment may be in whole or in part), to an affiliate or acquirer of all or substantially all of its assets without any advance consent from the other party, but Customer must complete all paperwork necessary to effectuate such assignment or any change in ownership.; (g) Third Party Beneficiaries: No third party shall be deemed a beneficiary of this Agreement; (h) Waiver: Either party¶s failure to enforce any right or UHPHG\DYDLODEOHXQGHUWKLV$JUHHPHQWLVQRWDZDLYHULSeverability: If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect; (j) Survival6HFWLRQVDQGVXUYLYHDIWHUWKLV$JUHHPHQWHQGVNHandwritten Changes: Handwritten changes are not binding on either party; (l) Use of Products in U.S.Customer acknowledges that the transfer and use of products, services and technical information outside the United States are subject to U.S. export laws and regulations. Customer shall not use, distribute, transfer, or transmit the products, services or technical information (even if incorporated into other products) except in compliance with U.S. export laws and regulations. At WIN¶s request, Customer shall sign written assurances and other export-related documents as may be required for WIN to comply with U.S. export regulations;(m) Publicity and Confidentiality: Customer agrees that WIN may publicly disclose that WIN is providing Services to Customer and may include Customer¶s name in promotional materials and press releases. Except when this Agreement is required to be filed with a governmental authority, this Agreement is confidential and shall not be disclosed publicly to any third party except the such dealer(s) or agent(s) of WIN. )RU0DQDJHG&3()LUHZDOO6HUYLFHVRQO\ Authorization to Perform TestingCustomer grants WIN the authority to access Customer¶s networks and computer systems solely for the purpose of providing the Managed CPE Firewall Service ³Firewall´Customer agrees to notify WIN and obtain any third party service provider¶s ("Host") consent to provide the Firewall on Host¶s computer systems, which includes acknowledgement of the risks and acceptance of the conditions set forth herein and to facilitate any necessary communications and exchanges of information between WIN and Host in connection with the Firewall. Customer agrees to indemnify, defend and hold WIN and its suppliers harmless from and against any and all claims, losses, liabilities and damages, including reasonable attorney's fees that arise out of Customer¶s failure to comply with this Section and from any and all third party claims that arise out of the testing and evaluation of the security risks, exposures, and vulnerabilities of the IP Addresses that Customer provides. Customer acknowledges that the Firewall entails certain risks including the following possible negative impacts: (i) excessive log file disk space may be consumed due to the excessive number of log messages generated by the Firewall; (ii) performance and throughput of networks and associated routers and firewalls may be temporarily degraded; (iii) degradation of bandwidth; and (iv) Customer computer systems may hang or crash resulting in temporary system unavailability and/or loss of data. For Managed Network Security Cloud Firewall only: WIN agrees that it will maintain all applicable PCI-DSS requirements to the extent WIN handles, has access to, or otherwise stores, processes, or transmits Customer¶s cardholder data or sensitive authentication data, or manages Customer¶s cardholder data environment on behalf of Customer. Page 6 of 12 923 Security Compliance Audits: Unless stated otherwise in writing by WIN via an addendum to this Agreement, any Services or equipment provided by WIN are outside the scope of any security audits performed by Customer or its agents. While WIN Sales representatives can help Customer with incorporating our Services and equipment as component parts of a compliant overall security strategy, WIN makes no representations that its Services or equipment are compliant with industry- specific guidelines, regulations, or laws including, but not limited to, Payment Card Industry Standards, the Health Insurance Portability and Accountability Act, and/or Sarbanes-Oxley. For Distributed Denial of Service ³DDoS´Mitigation Service only: WIN agrees to investigate ³high´VHUYLFHDOHUWVDVWKDWWHUPLVGHILQHGLQWKH''R66HUYLFH/HYHO$JUHHPHQWWRFRQILUPD''R6DWWDFNKDVRFFXUUHG :,1ZLOOWKHQHLWKHULFORVHRXWWKHDOHUWLI:,1GHWHUPLQHVLWWREHDIDOVHSRVLWLYHRULLHVFDODWHWR&XVWRPHUWRYHULI\DQDWWDFNLVRFFXUULQJ2QFH the attack has been verified, Customer¶s inbound traffic will be redirected to Windstream¶VVFUXEELQJFHQWHUVIRULQVSHFWLRQDQGPLWLJDWLRQ:,1ZLOO PLWLJDWHDFWLYHDWWDFNVIRUDSHULRGRIWZHQW\IRXUKRXUVDQGZLOOFRQWLQXHWRPRQLWRUIRUDQDGGLWLRQDOWZHQW\IRXUKRXUVLIWKHDWWDFNSHUVLVWV Customer will be notified once the attack has ceased and the mitigation ended. Customer agrees to: (i) reasonably cooperate with WIN to confirm ³high´service alerts and assist in attack mitigation efforts; (ii) ensure information for all authorized points of contact remains current; and (iii) notify WIN of any network security architecture changes (i.e. unscheduled back-ups, increased event traffic) that could generate false alerts at least twenty-four (24) hours before such change. )RU2IILFH6XLWH8&)D[6HUYLFHVRQO\ The following conditions apply: (i) if a fax line goes over its allotted number of fax pages in a given month, each additional page above the bundle level SXUFKDVHGZLOOEHELOOHGDWWKHRYHUDJHUDWHSHUID[SDJHVHQWRUUHFHLYHGDVLGHQWLILHGZLWKLQEXQGOHVHOHFWLRQ)RU2IILFH6XLWH)D[0HDVXUHGSDFNDJH each domestic page sent and received will be billed at $0.065 per page; (ii) international faxing is not supported; (iii) only one (1) email address may be DVVRFLDWHGZLWKHDFKID[QXPEHUIRUVHQGLQJRUUHFHLYLQJLYRQO\RQHEXQGOHSDFNDJHDSSOLHVSHUHPDLODGGUHVV$EXQGOHOLPLWPD\QRWEHVKDUHG across multiple email addresses; (v) unused fax pages will not rollover to the next month¶s billing; and (vi) a copy of faxes sent and received will be stored for ninety (90) days in the MyOfficeSuiteportal and then deleted. It is recommended that Customer download or forward faxes to store locally. version 04.05.18 Windstream Confidetial Page 7 of 12 924 Windstream VoIP 911 Disclosure Windstream and its affiliates (collectively, ³WIN´are subject to an FCC requirement to provide notification of any E911 limitations that may be associated with the service provided to your company. There are critical differences between traditional telephone service and WIN VoIP Services: x911 emergency services will not be available in the event of a power failure. x911 emergency services will not be available in the event of an internet failure. xThere are severe limitations (details below) to 911 emergency services if you move your phone from its registered location. Loss of 911 services due to power failure or Internet connection failure: Historically, telephone service has been powered by electrical power within the telephone network. If you subscribe WR:,19R,36HUYLFHVSRZHULVVXSSOLHGGLUHFWO\IURPWKHSUHPLVHLQZKLFK\RXDUHRSHUDWLQJWKHWHOHSKRQH xIn the event of a commercial power outage, and if your building does not have a back-up power system, your telephone service, including 911, will not function until power is restored. xLoss of power to your broadband gateway (through which your service is provided) will cause a loss of telephone and 911 services. xAny internet connection failure, including a suspension for nonpayment, will cause a loss of telephone and 911 services. WIN recommends that you always have an alternative means of accessing 911 during a power failure or internet connection failure such as a basic business or copper line (non-VoIP line) for elevator, alarm, and other critical functions. To ensure that 911 calls are properly routed: xDo not move the equipment installed at your premise to another location. Use of the telephone service at another location will prevent E911 service (the ability of the 911 operator to automatically determine your location) IURPZRUNLQJ,I\RXPRYHHTXLSPHQWSURYLGHGDVSDUWRIWKH:,19R,36HUYLFHWRDQRWKHUORFDWLRQ\RXPXVW XSGDWH\RXUVHUYLFHDGGUHVVZLWK:,1SULRUWRXVLQJWKHVHUYLFHIURPDGLIIHUHQWORFDWLRQ8VHRI\RXUHTXLSPHQWDW a location other than the registered physical location may route 911 calls to an incorrect 911 dispatch center, potentially delaying or preventing emergency services. xIf you have users that will be using devices such as software telephones that are installed on mobile personal computers, laptops, smart phones, netbooks and any other mobile VoIP supported device that is intended to be mobile with WIN service, you must update your service address prior to using the service from a different location in order for your current location to be transmitted automatically and accurately to emergency VHUYLFHV8VHRI\RXUVRIWZDUHWHOHSKRQHDWDORFDWLRQRWKHUWKDQWKHUHJLVWHUHGSK\VLFDOORFDWLRQPD\URXWHFDOOV WRDQLQFRUUHFWGLVSDWFKFHQWHUSRWHQWLDOO\GHOD\LQJRUSUHYHQWLQJHPHUJHQF\VHUYLFHV xAlways state the telephone number and address that you are calling from to the 911 operator. The 911 operator receiving the emergency call may not be able to automatically identify your phone number and physical location and be able to call you back if the call is disconnected, therefore you must specify the exact location of the HPHUJHQF\DQGWKHWHOHSKRQHQXPEHUIURPZKLFK\RXDUHFDOOLQJ xContact WIN when you plan to move your service address: WIN customers should contact the WIN Business Center at 1-800-600-5050, EarthLink customers should contact EarthLink Customer Care at 1-800- DQG%URDGYLHZFXVWRPHUVVKRXOGFRQWDFWWKH2IILFH6XLWH6XSSRUW&HQWHUDW92,3 (8647). Since your WIN VoIP Services will not provide 911 services from another location, you must notify WIN before you move the registered location of your service. Page 8 of 12 925 To help remind you about the availability of 911 emergency service and its limitations with WIN VoIP Services, we ZLOOSURYLGHVWLFNHUVWREHSODFHGRQRUQHDUDOORI\RXUWHOHSKRQHVDQGGHYLFHV To Report a Change to Your Service Location: xWIN Customers - Contact Customer Service at 1-855-361-7792. xLegacy EarthLink Customers - Contact EarthLink Customer Care at 1-800-239-3000. xLegacy Broadview Customers&RQWDFWWKH2IILFH6XLWH 6XSSRUW&HQWHUDW92,3 For Broadview customers with PC/Softphone service, you may also update your address when prompted XSRQORJLQ xFor Customers with Windstream Hosted Communications - Contact WHC Repair at 1-855-759-7420. Customers using Windstream Hosted Communications on a smart phone may also access the :LQGVWUHDP+RVWHG&RPPXQLFDWLRQV&OLHQW6RIWZDUHDSSOLFDWLRQWRXSGDWH xLegacy MassComm Customers ±Contact your Account Manager directly or use 1-866-791- 6277. Customer Affirmation of Notification I have read the above notice and understand that there are critical differences between 911 service with WIN VoIP 6HUYLFHVDQGWUDGLWLRQDOWHOHSKRQHVHUYLFH,DVVXPHDOOUHVSRQVLELOLW\DQGULVNRIKDUPORVVRUGDPDJHLQWKHHYHQW that 911 service fails as a result of a power outage or Internet outage, in the event I fail to update my service address with WIN if I use the service from a different location or in the event I do not provide the address, correct address, H[WHQVLRQRURWKHULQIRUPDWLRQWRHPHUJHQF\DXWKRULWLHV BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 3ULQWHGQDPH$FFRXQWQXPEHU BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 6LJQDWXUH'DWH version 04.06.18 Page 9 of 12 926 APPLICATION FOR CREDIT Representative: Representative Phone:864-672-7290 Kelly Wilson CUSTOMER INFORMATION Customer Name: Federal Tax ID or SS Number: Notice Address:6130 SUNSET DR City: State: SOUTH MIAMI FL Zip:33143-5040 Tax Exempt Status: EMR: Years In Operation: Number Of Employees: Business Structure: $1,500.87 Nature Of Business: CITY OF SOUTH MIAMI PARENT COMPANY (If Applicable) BANK REFERENCE Bank Contact Name: Bank Contact Phone: Bank Contact Fax: Account Number: Bank Name: Address: City: State: Zip: CUSTOMER CONTACT INFORMATION AP Contact Name: AP Contact Phone: AP Contact Fax: AP Contact Email: Title: Contact Name: Contact Phone: Contact Fax: Contact Email: Principal/Partner/Officer Full Name: Company Name: Address: City:State:Zip: TRADE REFERENCES Vendor Account Number Phone Fax Contact 1. Address: 2. Address: 3. Address: Current Local Telco:Current LD Carrier: Authorization I hereby represent that I am authorized to submit this application on behalf of the Customer named above, and the information provided is for the purpose of obtaining credit and is warranted to be true. I/We hereby authorize Company, and its affiliates to investigate the references listed pertaining to my/our credit and financial responsibility sold. I further represent that the customer applying for credit has the financial ability and willingness to pay for all invoices with established terms. Signature: Printed Name: Title: Date: Accepted By Customer Page 10 of 12 927 Company Name:Contact Name: Billing Address: City, State, Zip: Current Carrier:Order Date: Authorization to Change Service Provider(s) On behalf of the Company, I hereby authorized Windstream Communications ³Windstream´and its operating affiliates* listed on Exhibit A to change my Company¶s provider(s) for the following services from my current telecommunications carrier(s) to :LQGVWUHDPIRUHDFKRIWKHWHOHSKRQHQXPEHUVOLVWHGEHORZ&KHFNDOODSSOLFDEOHVHUYLFHV Local Intrastate, IntraLATA Long Distance Service (also known as local toll) Interstate, InterLATA and International Long Distance I represent that I am at least eighteen years of age and that I have the authority to change telecommunications carriers for each of the telephone QXPEHUVLGHQWLILHGEHORZ,XQGHUVWDQGWKDW,KDYHWKHULJKWWRREWDLQWHOHFRPPXQLFDWLRQVVHUYLFHVLQGLYLGXDOO\,DOVRXQGHUVWDQGWKDW,PD\GHVLJQDWH RQO\RQHORFDOH[FKDQJHFDUULHURQHLQWUD/$7$FDUULHUDQGRQHLQWHU/$7$FDUULHUSHUWHOHSKRQHQXPEHU I choose Windstream to act as my agent to carry out the change(s) and authorize Windstream to handle on my behalf all arrangements, including ordering, changing, and/or maintaining my service, with my local telephone company(s), interexchange carriers, equipment vendor(s), and consultant V%\GHVLJQDWLQJ:LQGVWUHDPWRDFWDVP\DJHQW,GRQRWSHUPLW:LQGVWUHDPWRFKDQJHP\VHUYLFHWRDFDUULHURWKHUWKDQ:LQGVWUHDP, understand, that there may be a fee to change from the Company¶s current telecommunications carrier(s) to Windstream. Telephone Numbers: I authorize Windstream to issue all necessary instructions on my behalf and confirm that my preferred provider for the telecommunications VHUYLFHVFKHFNHGDERYHZLOOEHFKDQJHGIRUWKHWHOHSKRQHQXPEHUVVSHFLILHGDERYH7KLVDJUHHPHQWZLOOUHPDLQLQHIIHFWXQWLOUHYRNHGLQ writing by the Company. Company Signature: 'DWH *Business Telecom of Virginia, Business Telecom, Cavalier Telephone Mid-Atlantic, Cavalier Telephone, Choice One Communications (of Connecticut, Maine, Massachusetts, New Hampshire, New York, Ohio, Pennsylvania, or Rhode Island), Connecticut Broadband, Connecticut Telephone & Communication Systems, Conversent Communications (of Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, or Vermont), CTC Communications, CTC Communications of Virginia, DeltaCom Business Solutions, DeltaCom, EarthLink Business, EarthLink Carrier, Georgia Windstream, Intellifiber Networks, LDMI Telecommunications, Lightship Telecom, McLeodUSA Telecommunications Services, Nebraska Windstream, Network Telephone, NuVox (Arkansas or Indiana), Oklahoma Windstream, PAETEC Communications of Virginia, PAETEC Communications, Talk America of Virginia, Talk America, Texas Windstream, The Other Phone Company, US LEC Communications, US LEC (of Alabama, Florida, Georgia, Maryland, North Carolina, Pennsylvania, South Carolina, Tennessee, or Virginia), US Xchange (of Illinois, Indiana, Michigan, or Wisconsin), Windstream (Communications Southwest, Accucomm Telecommunications, Alabama, Arkansas, Buffalo Valley, Communications Kerrville, Communications Telecom, Communications, Concord Telephone, Conestoga, D&E Systems, D&E, Direct, EN-TEL, Florida, Georgia Communications, Georgia Telephone, Georgia, Iowa Communications, Iowa-Comm, IT-Comm, KDL, KDL-VA, Kentucky (East or West), Kerrville Long Distance, Lakedale Link, Lakedale, Lexcom Communications, Lexcom Long Distance, Mississippi, Missouri, Montezuma, Norlight, North Carolina, NorthStar, NTI, Windstream of the Midwest, Ohio, Oklahoma, Pennsylvania, South Carolina, Southwest Long Distance, Standard, Sugar Land, Systems of the Midwest, or Western Reserve), or Windstream NuVox (of Indiana, Kansas, Missouri, Ohio, and Oklahoma) Letter of Agency I16758&7,216/,67$//$33/,&$%/(%,//,1*7(/(3+21(180%(5625/,677+(0$,1%,//,1*7(/(3+21(180%(5%(/2:$1' ATTACH A DOCUMENT IDENTIFYING ALL ASSOCIATED TELEPHONE NUMBERS SUBJECT TO THIS LOA Page 11 of 12 928 CERTIFICATION I certify that the representations above are true and accurate. By: _____________________________________________________ Name (Print): ____________________________________________ Title (Print): _____________________________________________ Date: ___________________________________________________ Private Line Jurisdictional Traffic Certification Customer Name: _______________________________________________________________________________________________ Customer Address: _____________________________________________________________________________________________ Contact Person: ________________________________________________________________________________________________ Contact Person͛ƐdĞůĞƉŚŽŶĞEƵŵďĞƌ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ Customer represents and verifies that: 1.The amount of traffic routed over leased private line circuit(s) or similar type services (circuits, Virtual Private Network (VPN), Virtual LAN Service (VLS), Business Data, TDM, Frame Relay, etc) represent: Please check one of the boxes below Intrastate Services ʹIf the end points of the circuit(s) are in the same state and at least 90% of the traffic stays within the same state the service is considered ͞intrastate͟or if the services are used within a state (excluding internet usage and long distance calls). Example includes: bank connects ATMs to a centralized location and FX lines within the state. Interstate services ʹIf the end points of the circuit(s) are in different states or more than 10% of the traffic crosses a state boundary the service is considered ͞interstate͘͟Example includes: a circuit from a manufacturing plant in one state to a main office in another state. Some circuits that the Customer purchases carry 10% or less interstate traffic and some circuits that Customer purchases carry more than 10% interstate traffic. If your circuits are mixed, please provide a list of circuits IDs and whether they are intrastate or interstate. The circuit listing should be sent to wci.regulatory@windstream.com The circuits are exempt from federal Universal Service Surcharges ;͞FUSF Surcharge͟Ϳbecause you are a wholesale customer who files your own form 499 report. 2.Customer acknowledges that the Company may in its sole discretion provide a copy of this certification to the Universal Service Administrator, the FCC, or an authorized auditor. 3.Customer acknowledges that the Company͛s determination of applicability of a FUSF Surcharge will be based upon the information provided by Customer in this Certification. In the event the Company exempts Customer from the payment of the FUSF Surcharges based upon the information, representations and certifications contained in this Certification, and the Company thereafter determines that Customer provided incorrect information, then the Company may bill Customer, and Customer will pay, the FUSF Surcharges that were not billed, plus applicable late fees. Accordingly, if Customer does not provide accurate or timely information to the Company, Customer may be responsible for payment of the FUSF Surcharge. Furthermore, Customer agrees to indemnify and hold harmless the Company from any and all claims arising from any breaches of the information, representations or certifications made hereunder. 4.If, at any time, the Customer͛s information changes, Customer will notify the Company within thirty (30) calendar days by completing and submitting a new certification form to the Company. The individual named below is duly authorized by Customer to make the representation and certifications contained herein on behalf of Customer. Please Return this page to: tŝŶĚƐƚƌĞĂŵŽŵŵƵŶŝĐĂƚŝŽŶƐ ϰϬϬϭZŽĚŶĞǇWĂƌŚĂŵZŽĂĚ DĂŝů^ƚŽƉ͗ϭϭϳϬϭ&ϮϭϮͲϭϮ >ŝƚƚůĞZŽĐŬ͕ƌŬĂŶƐĂƐϳϮϮϭϮ ddE͗W>ĞƌƚŝĨŝĐĂƚŝŽŶ KZ Email to: wci.regulatory@windstream.com As required by FCC rules, this form is to be completed for any private line or similar services to determine whether the Federal Universal Service Surcharge applies. Please check the appropriate box, complete the required information, and return as directed below. Page 12 of 12 929 Customer Initials: ______ Windstream Confidential Proposal/Quote ID 1580940 Version 12/2016 Page 1 of 2 City of South Miami 4/26/2018 ADDENDUM TO WINDSTREAM SERVICE TERMS AND CONDITIONS This Addendum is entered between Windstream and City of South Miami (“Customer”), Proposal/Quote ID 1580940, and amends the Windstream Service Terms and Conditions (“Agreement”) between Windstream and Customer (“Parties”). The Agreement shall be deemed amended as follows: TERM AND RENEWAL The following shall be added at the end of Agreement Section 1. Term and Renewal: “Notwithstanding the automatic renewal, its term shall not exceed five (5) years.” RATE STABILIZATION The following shall be inserted in lieu of the last sentence of Agreement Section 2. Charges for Services: “Windstream and Customer agree that notwithstanding anything to the contrary in the Agreement, during the Term of the Agreement Windstream will not increase Customer’s monthly recurring charges for the Services being provided under the Agreement (or, in the case of long distance services, the per minute charge for the such services). The foregoing right shall not apply to changes to, additions of and/or increases in T1 access applicable fees, taxes and other government-permissible charges.” CREDIT AND DEPOSITS The last two (2) sentences of the Agreement in Section 5. Credit and Deposits are hereby deleted. DAMAGE WHILE ON CUSTOMER PREMISES INDEMNIFICATION The following shall be added at the end of Section 12. Limitation of Liability; Indemnity: “Nothing contained herein shall modify or expand the customers’ waiver of sovereign immunity as provided by FL Stat. §786.28 and all liability shall be limited to that which is waived by said statute.” The Agreement noted above and this Addendum constitutes the Parties’ entire agreement. To the extent there is a conflict between this Addendum and the Agreement, 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. Capitalized terms not otherwise defined herein shall have the meaning assigned to them in the Agreement. Windstream and Customer each aver that the signatories to this Addendum below have authority to sign this Addendum. 930 Customer Initials: ______ Windstream Confidential Proposal/Quote ID 1580940 Version 12/2016 Page 2 of 2 City of South Miami 4/26/2018 Hand-written modifications to this Addendum are not binding on either Windstream or Customer. CITY OF SOUTH MIAMI (Customer) WINDSTREAM (and its affiliates) AUTHORIZED REP. (PRINTED NAME): AUTHORIZED REP. (PRINTED NAME): SIGNATURE: SIGNATURE: TITLE: TITLE: DATE: DATE: 931 1 Kulick, Steven P From:Concepcion, John (ThinkForward) <John.Concepcion@miamidade.gov> Sent:Friday, March 23, 2018 12:48 PM To:Kulick, Steven P Subject:RE: Session Border Controller Hello Steven, This is the same SBC that Miami‐Dade County has deployed in our SIP environment. Based on the information you have provided both AT&T and One Call did not include the cost for SBC in the quotes received. Both AT&T and One Call should be able to provide the SBC, you will need new quote that includes SBC. This make change pricing and should make Windstream low bidder. I recommend award bid for SIP services to Windstream based on the information you provided, only bidder that included SBC. Thank you, John Concepcion, Senior Program Manager Miami-Dade County Information Technology Department 5680 SW 87 Avenue  Miami, Florida 33173 786-493-1626 Mobile Think Green. Please only print this e-mail if you need to. Miami-Dade County is a public entity subject to Florida Statutes Chapter 119, Public Records. E-mail messages are subject to public records disclosure, and with limited exceptions are not exempt from chapter 119. From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov] Sent: Friday, March 23, 2018 11:42 AM To: Concepcion, John (ThinkForward) <John.Concepcion@miamidade.gov> Subject: FW: Session Border Controller This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected emails. Please click here if this is a suspicious message reportspam@miamidade.gov Enterprise Security Office Fyi... Steven Kulick, C.P.M. Chief Procurement Officer/Procurement Division City of South Miami ‐ 6130 Sunset Drive ‐ South Miami, Fl 33143 932 2 Ph: 305/663‐6339; Fax: 305/663‐6346 ‐ Email: skulick@southmiamifl.gov From: Wasko, Kelly W [mailto:Kelly.Wasko@windstream.com] Sent: Friday, March 23, 2018 11:21 AM To: Webster, John <JWebster@southmiamifl.gov> Cc: Kulick, Steven P <SKulick@southmiamifl.gov> Subject: RE: Session Border Controller John, Per my Sales Engineer the SBC is included in the pricing, The SBC is included with the Cisco Cube provided with the new SIP product. It’s on the quote, just not on their proposal. So it is included. Kelly Wasko Regional Director Channel Customer Advocacy o: 704.319.1090 | m: 704-517-1363 | support: 800.600.5050 Kelly.Wasko@windstream.com 6801 Morrison Blvd Charlotte, NC 28211 Windstreamenterprise.com For Enterprise Account Support, please call 800-600-5050: • Option 1: Repair/Trouble Reporting • Option 2: Billing • Option 3: Change Requests/General Questions • Or email - windstream.contactus@windstream.com • Windstream Online Web Portal: http://www.windstreambusiness.com/customer-login From: Webster, John [mailto:JWebster@southmiamifl.gov] Sent: Thursday, March 22, 2018 3:26 PM Cc: Kulick, Steven P <SKulick@southmiamifl.gov> Subject: Session Border Controller Good afternoon, 933 3 After our IT Department reviewed the quote, they have informed us that we will need a Session Border Controller for the SIP Circuit. Please provide a quote for the purchase and or lease of a Session Border Controller including maintenance. Thanks John Webster Procurement Specialist 6130 Sunset Drive Miami, FL 33143 305‐663‐6339 jwebster@southmiamifl.gov This email message and any attachments are for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message and any attachments. Email secured by Check Point 934 SUNDAY MAY272018 NEIGHBORS 21SE MIAMIHERALD.COM CITYOFSOUTH MIAMI COURTESY NOTICE NOTICEISHEREBY given that the City Commission of the City of South Miami,Florida will conduct Public Hearing(s)at its regular City Commissionmeeting scheduled for Tuesday,June 5, 2018,beginning at 7:00 p.m.,in the City Commission Chambers, 6130 Sunset Drive,to consider the following item(s): AResolution authorizing the City Manager to enter into a multi-year Interlocal Agreement with Miami Dade Countyfor canal maintenance for the Ludlam Glades and Broad Canals for an amount not to exceed $220,290 annually. AResolutionauthorizing the City Manager to enter into a multi-yearcontract for citywide SIP phone servicewith Windstream for atotaltermnot to exceedthree(3)consecutive years. AResolution of the City of South Miami,Florida,amending Resolution No.094-18-15127,and placing aquestion on the August 28,2018,primary election ballot seeking voter approval of an amendment to the City’s Charter,ArticleII, Section 6D,reducing voting requirements needed to amend land use and development regulations in certain commercial, industrial,and mixed-use areas near the South Miami Metrorail Station. AResolution authorizing the City Manager to enter into multi-year contracts for emergency debris removal and disposal services for total term not to exceed five (5) consecutive years. ALL interested parties are invited to attend and will be heard. For further information,please contactthe City Clerk’s Office at: 305-663-6340. Maria M.Menendez,CMC City Clerk Pursuant to Florida Statutes 286.0105,the City hereby advises the public that if aperson decides to appeal any decision madebythis Board,Agency or Commission with respect to any matter considered at its meeting or hearing,he or she will need arecord of theproceedings, and that for such purpose,affected personmay need to ensure that a verbatim record of the proceedingsismade which record includes the testimony and evidence upon which the appeal is to be based. Free.786-650-2073or www.seminoletheatre.org. ReggaeFestival:Family- friendly reggae and soca festival includes perform- ances by Kingston dance- hall superstars Mavado, Aidonia and Konshens, plus Ghost,Ding Dong, Masicka,Capleton and others; 2p.m.,Bayfront Park Amphitheatrer,301 Bis- cayne Blvd.,Miami.$45- $135;kids under 12 free with adult.www.bestofthe bestconcert.com. Monday,May28 Sgt.LaDavid T.Johnson Memorial DayBreakfast: The city of Miami Gar- dens is hosting afree breakfast from 9-11 a.m. at the Betty T.Ferguson Recreational Complex, 3000 NW 199th St.,to honor those who have died in service to the nation.The breakfast is named for Johnson,the soldier from Miami Gar- dens who died in Niger in an ambush last October. RSVP required.Go to memorialdayinthegardens 2018.eventbrite.com or call 305-914-9070. Miami Shores Memorial Dayceremony:Michael Shepherd,aWest Point grad who served as a cavalry squadron platoon leader in Afghanistan,will speak at the Miami Shores Memorial Day ceremony at 9a.m.Shepherd,an Eagle Scout who grew up in the village,will pay tribute to LaDavid John- son,the Army sergeant from Miami Gardens killed in an ambush in Niger.The ceremony is at Memorial Park,Northeast 94th Street and Second Avenue.Free. Coral Gables Memorial Dayceremony:9a.m., War Memorial Youth Center,405University Dr.,Coral Gables.Free. 305-460-5600. Historic Miami Cemetery Memorial Daytour:Pay tribute to the dozens of hometown soldiers who were killed in action and one merchant marine who died when his ship,“The James Sprunt,”was sunk off the coast of Cuba in 1943.Two tours are pro- vided;9-11:30 a.m.,City of Miami Cemetery,1800 NE Second Ave.,Miami. Free.786-999-2658. RememberingOur He- roes:The Greater Miami Chamber of Commerce’s Military Affairs Commit- tee commemorates the U.S.entrance into World War I.Events include a wreath-laying ceremony, acolor guard parade and special remarks by Maj. Gen.David G.Bellon, commander of the U.S Marine Corps Forces, South.10 a.m.Monday; Woodlawn Park Ceme- tery,3260 SW Eighth St., Miami.Free. Surfside Memorial Day ceremony:Event includes presentation of colors, Scout troops and special guests.Light refreshments provided;10 a.m.,Veter- ans Park,8791 Collins Ave.,Surfside.Free.For more information,call 305-866-3635 or visit www.townof surfsidefl.gov. Davie Memorial Day parade and ceremony: Parade begins at 10:30 a.m.and steps off at the Davie Fire administration building,6905 Orange Dr.,and ends at the Ber- geron Rodeo Grounds, 4271 Davie Rd.The cere- mony after the parade begins at 11 a.m.in the Rodeo Arena.Free.954- 778-0599 or https://smcc.us/ City of Hialeah Memorial DayCeremony:10 a.m., Triangle Park at Palm Avenue and Okeechobee Road.Free.305 -883- 5820. Miami Beach Police De- partment’sMemorial Dayceremony:3:15 p.m., MBPD Headquarters, 1100 Washington Ave., Miami Beach.Free.305 - 673-7901. PembrokePines Memo- rial Dayceremony:In- cludes apresentation of colors,guest speakers and awreath-placing;9a.m., Fletcher Park,7900 John- son St.,Pembroke Pines. Free.954-392-2116 or http://www.ppines.com/ 325/Special-Events. SunriseMemorial Day service:The ceremony includes awreath-placing, speakers,music,light refreshments and the presentation of colors;9 a.m.,Sunrise Civic Center Amphitheater,10610 West Oakland Park Blvd., Sunrise.Free.954-74 6- 3670orhttps://bit.ly/ 2IHMz2S. Plantation Memorial Day ceremony:9:30 a.m., Plantation Veterans Me- morial Park,17 76 Lauder- dale West Dr.,Plantation. Free.https://www.face book.com/events/ 18552 7385421965/. PA MM Memorial Day BBQ:Held on the water- front terrace.Catch alive performance by garage rock band SunGhosts,plus food and refreshments for sale,art-making with PAMM teaching artists, and aspecial appearance by Coast Guard Air Sta- tion Miami;1p.m.,Pérez Art Museum,1103 Bis- cayne Blvd.,Miami.$16. http://pamm.org/ memorialday18?mc_cid =9ab8631584 &mc_eid= 8ddf2a46dd. FROM PAGE 14 SE HOLIDAY 935 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 JOHANA OLIVA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flkla 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 NOTICE OF PUBLIC HEARINGS· CITY OF SOUTH MIAMI - JUNE 5,2018 in the XXXX Court, was published in said newspaper in the issues of 05/2512018 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dad e County, Florida and that the seid 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, commission or refund for the purpose of securing this advertisement for publication in the seid newspaper. JOHANA OLIVA personally known to me .... ~i.~ BARBARA THOMAS f.'f'''/Ji'\"l Comlllission # GG 121171 '1Q{"i I:ltpires November 2, 2021 '"4.p.f..~~ B,Aded TIuu Troy Fain Inswance 800-385-7019 CITY OF SOUTH MIAMI ~~OncE~'OF1IiJiqJlf1f"'IIl.-- NOTICE IS HERE8.Y given1!I8Ulie Ci1J CiIm~n of 1fIe. enr· of Souttl ~. F1or1C1a will oondLict PooRe Hearing(s) at its regular City Commission meeting acheciIuled for Tuesday, June S. 20111; beginning at' 7l0.D p.m.. io U1e. CIty Commission Chambers. 6130 Sunset Drive, to collSldettbefolIOWlngb.ern{s): A ResoIutlonau1hG~11J the City .. ~ tQ enter Int(I a muJtf-Year Inte/Ioc;aI Agreement wi1h Miami Dade CoUJdy for canal miIi!\tljnal\Ce for theLudr.tn Gladu and Broad Can. for anamGunt.rtE/f to·8XG8(Id $220.2SQ anmually. A Rtsolution .au1h~ng 1he Gi\Y Manager to em. Into a !ftU~ . COI\1JaCI: for·Qitywide SIP phon!! service with WInds1ream for a total tenn not to exceed three (3) consewtIve years. . A ResolUtion of 1he City of Sou1h MIainJ. FlorIda, amending Resolution .No, ~18·15121. and plaalnga questiqn on1heAu;.ust 28, l!O:t8, primary election ballot seekIitg .vo1er approval of an amendment t(J 1he Clty's Charter. ArtIcle II. Section 6D, reducing I{9ting regu.irements Reedl!d1O amend JamI·useand develQPlTlenl reguietionsiR ~ conimerelal. Jnduatriet. and mlx8d-use __ IlIIIU'the South· M~i .MetnQII ~n; A Resolution au1horizIng the City Manager to enter Into muJti..year ~ foI: ~cr debli$ ramel/aI'and ~ 1S8IYi. for totIiI term not to 8XCeJd1ive (5) c:otiHCLi1Ive yellllf. • AIl.lntereSted.par:Ii~~itMted;tQ·.~·I\1d.VllUbe-heatd, _~~a1!on.~~~·~th.~~J!Y!!",!:Qffl~~. =~, Maria M. Menendez, CMC . CltyCterk Pursuant to Florida Statutes 286.0105,. the CIty heJeby adii1ses the public 1hat if is person decides to I!PpeaI any decision made by. ,Iii$' ~ ~ or Commission wi1h respeCt to any matter consldeRldat ffs meeting or hearirtg.he or she WIll ABed·"l'efOfU Dltl\e 1I~1np, 8Rtil1hfit. fGr -. PUrpae..atfBcled .penlGR·I11Il)l'1'HI8d tf).8J1$D8 thal'uerbdm ~. efi 1ll8 ProCeecnrtP ·Is made WbiGlr:JaQORJ ·fmlIud6llUle teatInionY IiI'Ii!f evIcIenCe upB'II wtlieb theappealls tGblrbaslld, . . ... . . ~5____ ~ _ _ __ __ _ _______ 18-8610000321568M 936