Res No 106-18-15139RESOLUTION NO: 106-18-15139
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.
WHEREAS, the City requested quotes for Session Initiation Protocol (SIP) phone service
from three telephone companies, Windstream, AT & T and Call One; and
WHEREAS, based on a review of the quotations received the City of South Miami's
Information Technology Division recommends Windstream, the current phone circuit provider,
as the SIP circuit provider. Windstream is a very well-established telecommunications provider
and will be providing a dedicated circuit for bandwidth for the City's phone system and has no
one-time charge; and
WHEREAS; The Shoretel Voice over Internet Protocol (VoIP) phone system is currently
using legacy analog phone circuits and it is recommended to migrate onto SIP circuits to leverage
the Shoretel VolP phone system unified communication functionality and features. The City will
be able to leverage the new Check Point firewalls to setup a secure interconnection to the
proposed SIP network (Windstream) and the Shoretel phone system; and
WHEREAS, 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; and
WHEREAS, the monthly expenditure of $lA97.26 will be charged to account no. 001-
1320-513-4125, Procurement Division -Telephone with a current balance of $11,717.33 prior
to this request.
NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized 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.
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon approval.
PASSED AND APPROVED this ..5..th.. day of ....JJ"'-'u"""o....,eiii<.-_----', 2018
Page 1 of 2
Res. No. 106-18-15139
ArrEST: APPROVED:
M~fft!lkJL;J
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
Page 2 of 2
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:
Agenda Item No:14.
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 S.14.18.docx.JC.docx
W Nos Resolution Windstream SIP Phone Service S. 14. 18.docx
City of South Miami Service Agreement 4-2S-18.pdf
add_S0755_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
. .;';;"·;";;0:-"7,,,,-
SouihfJiami CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM THE ClW or PLE,'SANT LIVING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
June 5, 2018 Agenda Item No.:, __ _
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.
The City is looking to keep pace with all technological advances and 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 recommending moving to 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 HTIP and SMTP); therefore, it's a network technology
rather than a legacy telephone 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 service from three Telephone
Companies:
913
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
.):
:'.'(:~~5;::'{
AT&T
CALL ONE
WINDSTREAM
-~ . VEARONE VEAR2-3 THREE-·'.;'·PER' SESSION BORDER '~Ofml ANNUAL CONTROLLER (sac);' ." ANNUAL. ANNUAL YEAR·
.,": ' . '. COST COST TOTAL'
$3,774 -One-time Cost,
$1,279.32 $15,351.84 Includes 5-year $19,125.84 $34,331.68 $53,45752 Maintenance ($1,814: 5-
year maintenance)
$3,774 -One-time Cost,
$1,432.00 $17,184.00 Includes 5-year $20,958.00 $37,996.00 $58,954.00 Maintenance ($1,814: 5-
year maintenance)
$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 purchase and 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-established telecommunications provider and
will be providing a dedicated SIP circuit for bandwidth for the City's phone
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 VolP 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
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
FUNDING:
ATTACHMENTS:
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 currently the provider of the City's
Business/Copper Analog Emergency Telephone Lines, which are used
during any emergency, providing non-electrical required communication.
$1497.26 Monthly and charged to Account No. 001-1320-513-4125,
Procurement Division -Telephone with a current balance of $11,717.33
before this request.
Resolution
Windstream Proposal and Terms and Conditions
Recommendation, Information Technology Division
915
WiND5TREAM ENTERPRISE PROPOSAL SUMMARY
Service Location Listing· ilIIonthly Recurring Charges
Primary Billing Account CITY OF SOUTH MIAMI. #7034899
Quote #
Company Representative
Effective pate
CITY OF SOUTH MIAMI
6130 SUNSET DR,
SOUTH MIAMI. FL 33143-5040
1580940
Kelly Wilson
04120/2018
$1,497.26
e0145540
$615.16 $379.75 $502.35 $1,497.26
Page 1 of 12
W!NDSTREAM ENTERPRiSE
Customer Name CITY OF SOUTH MIAMI, #7034899
Install Street Address 6130 SUNSET DR
Opportunity 10 1659994
Contract Term 36
Ethernet
SIP Call Path
Managed Router Equiprnent
Managed Router -Advanced
Total Services
Common Voice Features
LD Block of 1000
900/976 Block
International Block
DynamiclP
IP Addresses Block of 4 Charge
20 DID Station Numbers
FSLC Charge
Internet Charge
Advantage Business Lines
FSLC
Advantage Business Lines Charge JL
Total Features
Regional Long Distance Charges (D)
In State Long Distance Charges (D)
Out of State Long Distance Charges (D)
Access Loop
Local Loop Install Charge
Dynamic IP
Managed Router -Advanced Installation Charge
Advantage Business Lines
1 st Line Install
Additional Line Install
Service Order Charge
Total Other Charges (Non-Recurring)
0.0300'
0.0300'
0.0300'
PROPOSAL
Proposal 1 Quote 10
City, State, Zip
Service Order Type
Effective Date
10 Mb
38
7
1
6
10
7
7
1580940
SOUTH MIAMI, FL, 33143-5040
RenewallUpsell
04/20/2018
6 sec
6 sec
6 sec
6 sec
6 sec
6 sec
$20.00
$0.00
$0.00
$0.00
$4.00
$9.20
$0.00
$9.20
$25.05
Included
Included
Included
Included
$1,001.51
2 digit t
2 digit t
2 digit t
$0.00
$130.00
$0.00
$0.00
$0.00
$140.00
$0.00
$0.00
$0.00
$24.00
$92.00
$0.00
$64.40
$175.35
$495.75
$0.00
$130.00
$0.00
$0.00
$0.00
$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
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 .
•• Additional charges apply for all local. long distance and axx features. network access charge. router maintenance. CPE maintenance and directory listings.
For the current features pricing. go to htto:/Iwww.paetec.com/about-us/notice .
••• Amounts listed are reasonable approximations based on initial proposal. Actual amounts shall depend on final lease amount set forth in the Customer's
Lease Agreement.
ll. Local 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.
t Each call is billed to two decimal places and rounds the billed amount for each call up to the nearest whole cent.
Total Monthly Recurring Charges
Total Non-Recurring Charges
Minimum Monthly Fee
$1,497.26
$130.00
$1,497.26
This Proposal is subject to and controlled by the Windstream Service Terms and Conditions, which are incorporated herein by reference and attached hereto.
Your signature constitutes your acceptance of the Proposal and your agreement to Windstream's Service Terms and Conditions.
..--~U$T~iIII~ WINDSTREAM
Title: Title: Regional Director Customer Advocacy
Date: Date: 6/6/18
This offer is voidable by Windstream if not signed and returned to Windstream by 4th day of June, 2018.
Alf»lf»lrovOO 2lS tq]) fm"llllJl amll neg21fui~:
By ,-fo~#:
Ci~ Attorney
Page 3 of 12
WINDSTREAM ENTERPRISE
W][NDSTRlEAM SERVlICE TERMS AND CON][)][TllONS
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 ("Effective Date") and will continue for the term set forth in the
proposal from the last date that Services are installed (the "Term"). Upon expiration of the Term, this Agreement will automatically renew for
successive one-year terms (each, a "Renewal 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
apply to Services, including how those may change in the future, and regardless of whether such charges are identified in the Agreement. Customer shall
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 urn RIGHT TO INCREASE OR DECREASE MONTHLY ru;CUlRRING CHARGES ("MRCS") ON AT
LEAST THIRTY (30) DAYS' NOTICE AND OTIffiR RATES AT ANY TIMlE.
3. Installation. Customer must provide an enviromnent that is suitable for the Services, including equipment that is compatible with WIN's network.
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
otherwise agreed in writing by WIN, Customer has the additional material obligations to: (a) obtain "roof rights" and make available all evidence of same
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
interface; and, (c) provide internal building conduit to allow WIN the ability to rod/rope to the point of demarcation. WIN shall not be liable for any
reasonable alterations or necessary work to the Service locations that are required for installation and removal of WIN equipment.
4. BiRling and Payme1Ilt; 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
would have been available for use by Customer if Customer had fulfilled its obligations required to provision and install the Service. Bills are issued
monthly and are late if not paid by the due date reflected on the invoice. Customer is responsible for paying all costs and fees WIN incurs as a result of
collecting Customer's unpaid and resolved disputed charges. WIN may choose to bill in full monthly increments with no proration for partial service
periods when Service either starts or ends in the middle of a billing cycle. WIN may accept payments marked "payment 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
will add collection and late fees. In certain service areas, paper bills are available only upon request and for a monthly charge. To dispute charges,
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. Customer authorizes WIN to ask credit-reporting agencies for Customer'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 ifnot applied by WIN to any unpaid amount.
6. Moves. If Customer moves, it must provide at least ninety (90) days' advance written notice and pay applicable installation charges and increased
monthly service charges for the new location. If WIN cannot serve the new location, cannot install Service at the new location due to Customer's failure
to provide enough notice, or Customer terminates due to the move, cancellation charges or liquidated damages pursuant to Sec. II shall apply.
7. WIN-Provided and Owned Equipment; Customer Equipment Compatibility. Any equipment owned and installed by WIN on Customer's premises
remains the property of WIN. Equipment shall remain in good condition and be reasonably protected by Customer from theft and damage, less normal
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
repairs at WIN's then current hourly rates. Customer shall provide WIN reasonable access to the equipment for purposes of repair, maintenance, removal
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's fees and costs to collect. Customer'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's network.
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
Agreement and/or third-party software licensor's terms. Customer agrees it will not: (i) use or make any copies of the software, or install the software on
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
9. Use of Services; Restricted Calling Services; IDP AA Compliance. Customer and/or anyone acting through it may not resell Services or use Services
for: (a) traffic aggregation; (b) its own end users and/or customers as a telecommunications or any other kind of provider; (c) sending WIN calls that
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
or to areas that are high-cost (areas with access costs greater than regional Bell operating company access costs) or to a toll-free number. Additionally, no
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
uncompleted per trunk group and/or DSOIDSO equivalent. For violations of this Section, WIN may: (w) immediately terminate Services; (x) charge
Customer long-distance charges and an additional price per minute; (y) charge Customer any additional amounts necessary to recoup "''IN's
administrative costs and charges from other carriers; and/or, (z) require Customer to pay for the excessive use immediately and make a deposit.
a. Restricted Calling Services. WIN will restrict intemationallong distance and 900/976 calling functionality (''Restricted 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
involves frequent activity of any nature. Customer agrees that WIN assumes no liability of any kind with respect to its providing access to Restricted
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.
b. HIPAA Compliance. Customer is responsible for informing WIN in writing if: (i) Customer is a Covered Entity or Business Associate (both as
defined in the Health Insurance Portability and Accountability Act of 1996 ("HIP AA"»; and (ii) Customer Content includes Protected Health Information
("PHI") (as defmed in HIP AA). If Customer notifies WIN that it is a Covered Entity or Business Associate and that Customer Content includes PHI, and
WIN determines that, based on such notification, it is rendered a Business Associate, then the parties will execute WIN's Business Associate Agreement.
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
Term, or if the other party is in breach of any material provision of this Agreement and fails to cure within thirty (30) days after written notice (or after
ten (10) days' notice for nonpayment). Customer's right to terminate for breach applies to the affected location and/or Services only. WIN may limit,
interrupt, suspend or terminate Services IMMEDIA TEL Y 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, (t) impersonates another person, uses obscene or profane language or is abusive to
or harassing WIN representatives and fails to stop such behavior after receiving a written or verbal warning. After termination due to breach, WIN may
restore Service if Customer corrects any breach and pays all outstanding amounts owed, including restoration charges. In addition to these termination
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' notice after installation.
'1'1. Effect of Termination.
a. Pre-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 ("Cancellation Charge") equal to three (3) months ofMRCs except that if WIN's costs to other providers are greater than this
am.ount, 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 1 1 (b).
b. Post-Installation -IF CUSTOMER TERMINATES TIDS AGREEMENT OR PART OR ALL SERVJJ:CES PROVIDED HEREUNDER
AFTER lINSTALLA TION DUlRING TIllE lINITIAlL OR RENEWAL TERM FOR ANY REASON OTHER THAN FOR WIN'S MATERWL
BREACH OR IF WIN TERMINATES TIllS AGlRlEEMlENT DUE TO CUSTOMER'S MATERIAL BREACH, CUSTOMER SHALL PAY TO
WBN AS LIQUIDATED DAMAGES, Al'Il> NOT AS A PENALTY, AN AMOUNT EQUAL TO ONE HUNDRED PERCENT (100%) OF Un:
MRCS APPLICABLE TO THE SERVICES THAT WElRlE TERMllNATED MULTIPLIED BY THE NUMBER OF MONTHS REMAINING][N
THE THEN-CURRENT TERM OR RENEW AlL TERM EXCEPT THAT lIF WIN'S COSTS TO OTHER PROVIDERS ARE GREATER
THAN TIDS AMOUNT, CUSTOMER SHALL ALSO REIMBURSE WIN FOR SUCH ADDITIONAL COSTS.][JF THE CUSTOMER
P ARnALLY CANCELS AND HAS A MINIMUM MONTHLY FEE ("MMF"), UJEN TllIE CUSTOMER SHALL CONTINUE TO BE
BILLED THE MMF ("LIQUIDATED DAMAGES"). CUSTOMER ACKNOWLEDGES THAT ACTUAL DAMAGES WOULD BE
DIFFICULT TO DETERMINE AND SUCH LIQUIDATED DAMAGES REPRESENT A FAIR AND REASONABLE ESTIMATE OF THE
DAMAGES WmCH MAYBE INCURRED BY WIN.
12. Limitation oflLiability; Indemnity. FOR PURPOSES OF SECnONS 12 AND 13, "WIN" INCLUDES ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS, AND ANY ENTITY ON WmCR BEHALF WIN RESELLS
SERVICES. EXCEPT FOR WILLFUL MISCONDUCT, WIN'S UABILITY 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 RESPONSmLE FOR ALL USAGE, CHARGES, AND
LIABILITY INCURRED DUE TO THEFT OR FRAUD OVER THE SERVICES W:mJLE IN CUSTOMER'S CONTROL, REGARDLESS OF
WHETHERIWHEN 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 TIDRD PARTY TO MAKE A CLAIM
AGAINST WIN.
Page 5 of 12
13. Disclaimer of Warranties. EXCEPT AS OTH.ERWISE PROVlIDED HEREIN, SERVICES, EQUIPMENT, AND Un: DESIGNATED
CUSTOMER AREA ON WIN'S PREMISES, IF APPLICABLE, ARE PROVIDED ON.AN "AS IS" AND "AS-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,
W ARJRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE INCLUDING, BUT NOT
LIMITED TO, BROADBAND SPEEDS, UNINTERRUPTED OR ERROR-FREE SERVICE, TRANSMISSION QUALITY, AND ACCURACY
OF ANY DIRECTORY LISTINGS. EXCEPT AS EXPRESSLY PROVIDED IN WIN'S PRIVACY POLICY AND BY LAW, WIN HAS NO
OBLIGATION TO PROVIDE SECURITY OR PROTECTION FOR CUSTOMER'S PRIVACY, CONFIDENTIAL INFORMATION OR
DATA. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY WIN'S EMPLOYEES, AGENTS OR CONTRACTORS SHALL
CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCR 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 Cus~omer's actions or failure to act or permit WIN access.
15. Documents Incorporated by Refere'nce; Entire Agreement; Counterparts; Execution. TIDS AGREEMENT IS SUBJECT TO AND
INCORPORATES THE FOLLOWING BY REFERENCE, AS TIlEY MAY CHANGE FROM TIME TO TIME: (I) THE TERMS AND
CONDITIONS OF THE TARIFFS FILED WIm STATE PUBLIC SERVICE COMMISSIONS; (II) THE FCC OR STATE SERVICE
PUBLICATIONS POSTED AT http:Uwww.wiBndstream.comllLegal-Notices!; (Ill) FOR INTERNET, THE "ACCEPTABLE USE POLICY"
POSTED AT htf;p:/lwww2.windstream.netlcustomersUIlPortlusersguideJacceptlaccepthtmI AND THE "PRIVACY POLICY" POSTED AT
http://mvw.windstream.comlprivacy.aspx; (IV) FOR CERTAIN VALUE-ADDED SERVICES (I.E., ONLINE BACK UP SERVICES, TECH
HELP, ETC), THE CLICK-THROUGH AGREEMENTS RELATED TO mOSE SERVICES REQUIRED PRIOR TO ACCESSING THEM;
AND (V) TmlU) PARTY SOFTWARE TERMS, IF APPLICABLE. This Agreement constitutes the parties' entire agreement. In the event of any
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. MisceBBaneous. (2) Signatures 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
writing signed by authorized representatives of each party. This Agreement and its incorporated documents supersede any and all statements or promises
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.sUl!Port@windstream.comor 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-
600-5050. CUSTOMER AGREES THAT WIN MAY SEND ELECTRONIC MESSAGES TO CUSTOMER CONCERNING WIN'S SERVICES;
(c) Compliance with Laws: Applicable Law: Each party shall comply with all laws and regulations applicable to this Agreement. This Agreement is
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. EACH PARTY HERETO HEREBY WAIVES, TO
TIlE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MA Y SAVE TO A TRIAL BY JURY IN RESPECT TO
ANY LmGATION DlIRECTLY OR lINDIRECTlLY ARISING OUT OF, UNDER OR IN CONNECTION WIm TmS AGREEMENT; (e)
Statute ofl.imitatioDs: 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
remedy available under this Agreement is not a waiver; (i) Severability: If any part of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall remain in full force and effect; G) Survival: Sections 12 and 13 survive after this Agreement ends; (k) Handwritten ChaDges:
Handwritten changes are not binding on either party; (1) Use oflProducts in U,S. Customer aclmowledges 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 authori~,
this Agreement is confidential and shall not be disclosed publicly to any third party except the such dealer(s) or agent(s) of WIN.
For Managed CPE Firewall Services only;
Authorization to Perform Testing. Customer grants WIN the authori~ to access Customer's networks and computer systems solely for the purpose of
providing the Managed CPE Firewall Service ("Firewall"). 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 aclmowledgement 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 securi~ 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 frrewalls may be temporarily degraded;
(iii) degradation of bandwidth; and (iv) Customer computer systems may hang or crash resulting in temporary system unavailability andlor 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
Security Compliance Audits:
Unless stated othelWise 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 ("DDoS") Mitigation Service onlv:
WIN agrees to investigate "high" service alerts, as that term is defmed in the DDoS Service Level Agreement, to confirm a DDoS attack has occurred.
WIN will then either: (i) close out the alert if WIN determines it to be a false positive, or (ii) escalate to Customer to verify an attack is occurring. Once
the attack has been verified, Customer's inbound traffic will be redirected to Windstream's scrubbing centers for inspection and mitigation. WIN will
mitigate active attacks for a period of twenty-four (24) hours, and will continue to monitor for an additional twenty-four (24) hours if the attack persists.
Customer will be notified once the attack has ceased and the mitigation ended.
Customer agrees to: (i) reasonably cooperate with WIN to confirm "high" 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.
For OfficeSuite UC® Fax Services onlv:
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
purchased will be billed at the overage rate per fax page sent or received, as identified within bundle selection. For OfficeSuite® Fax Measured package,
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
associated with each fax number for sending or receiving; (iv) only one (1) bundle package applies per email address. A bundle limit may not be shared
across mUltiple email addresses; (v) unused fax pages will not rollover to the next month's billing; and (vi) a copy off axes sent and received will be stored
for ninety (90) days in the MyOffice8uite™ portal and then deleted. It is recommended that Customer download or fOlWard faxes to store locally.
version 04.05.18 Windstream Confidetial
Page 7 of 12
WOllll(llstll"eam VolOP 911 IDlasciosume
Windstream and its affiliates (collectively, "WIN") 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:
Q 911 emergency services will not be available in the event of a power failure.
Q 911 emergency services will not be available in the event of an internet failure.
o There are severe limitations (details below) to 911 emergency services if you move your phone from its
registered location.
lLoss of 9U services due to power faiDure Oil"' ][llIItemet cOl!llllllection failure:
Historically, telephone service has been powered by electrical power within the telephone network. If you subscribe
to WIN VoIP Services, power is supplied directly from the premise in which you are operating the telephone.
o In 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.
I/) Loss of power to your broadband gateway (through which your service is provided) will cause a loss of
telephone and 911 services.
E> Any 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 ellllSMre that 911 caDDs are propell"'Dy routed:
e Do Imot move the equipment RIms¢aaned at your premise to allllother RocatioIm. Use of the telephone service at
another location will prevent E9l1 service (the ability of the 911 operator to automatically determine your location)
from working. If you move equipment provided as part of the WIN VoIP Service to another location, you must
update your service address with WIN prior to using the service from a different location. Use of your equipment at
a location other than the registered physical location may route 911 calls to an incorrect 911 dispatch center,
potentially delaying or preventing emergency services.
G ][f YOM have MseIrS that wiIB be using devnces sMch as softwne telephoImes tlliat are installed on mobile
personal computers, IInptops, smart phOlines, Ime~boolks and ~my other mob iDe VollP supported device that is
mtended to be mobine 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
services. Use of your software telephone at a location other than the registered physical location may route 911 calls
to an incorrect 911 dispatch center, potentially delaying or preventing emergency services.
& Always state the telepholllle llIIumber allIId address that you are caning from to the 9U 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
emergency and the telephone number from which you are calling.
e Contact WIN when youn plal!ll to move your service address: WIN cunstomers should cOl!lltact the WIN
Bunsiness Center at 1-800-600-5050, lEarthlLil!llk customers should contactt lEarthlLink Customer Care at Jl-8()O-
239-3000 and Broadview customers shm.llBd contact the OfficeSllIite@ Support Center at Jl-800-623-VmlP'
(86.:87). 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
To help remind you about the availability of911 emergency service and its limitations with WIN VolP Services, we
will provide stickers to be placed on or near all of your telephones and devices.
1'0 Report 2 CI!n211lge to Your Service Loc2tiOllll:
o WIN Customers -Contact Customer Service at 1-855-361-7792.
G Legacy EarthLink Customers -Contact EarthLink Customer Care at 1-800-239-3000.
® Legacy Broadview Customers -Contact the OfficeSuite®Support Center at 1-800-623-VOIP (8647).
For Broadview customers with PC/Softphone service, you may also update your address when prompted
upon login.
e For 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
Windstream Hosted Communications Client Software application to update.
III Legacy MassComm Customers -Contact your Account Manager directly or use 1-866-791-
6277.
Customer Affill"1lDll2tiolll oJfNOtifnC2tiolll
I have read the above notice and understand that there are critical differences between 911 service with WIN VoIP
Services and traditional telephone service. I assume all responsibility and risk of harm, loss, or damage in the event
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,
extension or other information to emergency authorities.
Account number
Sigmfture ___ 'if: Date
version 04.06.18
ApJPllrlorvea:ll as to Jfm."ii1llI. aZftty:
JEY~~~
City A[[oJrl!lley
Page 9 of 12
WINDSTREAM ENTERPRISE APPLICATION fOR CRIEID~T
Representative:
Representative Phone:
Customer Name: CITY OF SOUTH MIAMI
Kelly Wilson
864-672-7290
Tax Exempt Status:
Federal Tax ID or SS Number: EMR: $1,500.87
Notice Address: 6130 SUNSET DR Years In Operation:
Number Of Employees:
City: SOUTH MIAMI
State: FL Zip: 33143-5040 Business Structure:
Nature Of Business:
~ .. ' . .~," .':C: ':~;C' ~ ",:, .' ~ ... ... ,' .~, ,'.". '. ~ <> ~ , .. .~ , : . ~..'
,
Company Name:
Address:
City: State: Zip:
,;.~ .,;0 . . :~.~. ':'~,<~, ,,:;: .... ,., . :.~.,;~ .. ~:;. ~.~ .:.:" .. ' ~
~
, 'c, ,'.' .' ,~ ~ .. ~ , '~. ,
Contact Name: AP Contact Name:
Contact Phone: AP Contact Phone:
Contact Fax: AP Contact Fax:
Contact Email: AP Contact Email:
Principal/Partner/Officer Full Name: Title:
".:', , .'~.; ~, ' ",
'.'
, ~~: ' .. '
Bank Name:
Address: Bank Contact Name:
City: Bank Contact Phone:
State: Bank Contact Fax:
Zip: Account Number:
,~ , " -,.
' .. '. '~/"'c' ,c' .' ,,' . , ~ . : . ....
' ~:~
Vendor Account Number Phone Fax
1.
Address:
2.
Address:
3.
Address:
Current Local Telco: Current LD Carrier:
Authorization AcceQted B~ Customer
I hereby represent that I am authorized to submit this application on behalf of the Signature: 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 Printed Name:
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, Title:
Date:
Page 10 of 12
~ : .
" .. '
.
.. ~
:'.,~.~'
Contact
WINDSTREAM ENTERPR~SE
lLetter of Agency
[ Contact Name: I Company Name:
I B~lIing Addre~s:
City, State, ZIP:
I Current Carrier: I Order Date:
Authorization to Change Service Provider(s)
On behalf of the Company, I hereby authorized Windstream Communications ("Windstream") and its operating affiliates· listed on
Exhibit A to change my Company's provider(s) for the following services from my current telecommunications carrieres) to
Windstream for each of the telephone numbers listed below. Check all applicable services:
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
numbers identified below. I understand that I have the right to obtain telecommunications services individually. I also understand that I may designate
only one local exchange canrier, one intra LATA carrier, and one interLATA carrier per telephone number.
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 canriers, equipment vendor(s), and consultant
(s). By designating Windstream to act as my agent, I do not permit Windstream to change my service to a carrier other than Windstream. I
understand, that there may be a fee to change from the Company's current telecommunications carrier(s) to Windstream.
INSTRUCTIONS: UST All APPLICABLE BilUNG TELEPHONE NUMBERS OR UST THE MAIN BilLING TELEPHONE NUMBER BELOW AND
ATTACH A DOCUMENT IDENTiFYING All ASSOCIATED TELEPHONE NUMBERS SUBJECT TO THIS lOA
Telephone Numbers:
I authorize Windstream to issue all nec~~~!!-~y behalf and confirm that my preferred provider for the telecommunications
service(s) checked above will ~a"lfed for the ~lephoneJl((mbl!r~S)..speeified'11bOlle, This agreement will remain in effect until revoked in
writing by the Company. ~ ----~-~
Company Signature: ~ __ , Date: ~-II-/ IF
Approved as to form and iega!ity:1(~;:«=~~City Attomey
-Business Telecom of Vir9i~ 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, McLeod USA 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, lowa-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)
Page 11 of 12
WINDSTREAM ENTERPRISE 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.
Customer Name: ______________________________________________________________________________ ~ __
CustomerAddress: ______________________________________________________________________________ ___
ContactPerson: __________________________________________________________________________________ _
Conta~Pe~on~~lephoneNumbe~ ________________________________________________________________ __
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, TOM, Frame Relay, etc) represent:
Please check one of the boxes below
(J Intrastate Services -If 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 "intrastate" or 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.
Cl Interstate services -If 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 "interstate". Example includes: a circuit from a manufacturing plant in one
state to a main office in another state.
t:J 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 wcLregulatory@windstream.com
t:l The circuits are exempt from federal Universal Service Surcharges ("FUSF Surcharge") because 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 Company's 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 Customer's 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.
CERTIFICATION
I certify that the representations above are true and accurate.
By: ______________________________________ _
Name (Print): ____________________________________ __
Title (Print): ____________________________________ _
Date: __________________________________________ __
-~~~:;'~.~ ... ~. "~-'-~':§-~: .. ~y--------------------------------
Page 12 of 12
Please Return this page to:
Windstream Communications
4001 Rodney Parham Road
Mail Stop: 1170 B1F212-12A
Little Rock, Arkansas 72212
AnN: Pl Certification
OR
Email to:wci.regulatory@windstream.com
WINDSTREAM EI\ITERPRISE
ADDENDUM TO WINDSTREAM SERVICE TERMS AND CONDITIONS
This Addendum is entered between Windstream and Coty of South Miami ("Customer"), Proposal/Quote
10 1580940, and amends the Wind stream 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 Sectooll1l1. Tel1'll1!1l all1ldi Rell1lewa!:
"Notwithstanding the automatic renewal, its term shall not exceed five (5) years."
~TE STABILIZATION
The following shall be inserted in lieu of the last sentence of Agreement Sectioll1l 2. Clhallrges foli' SellVoces:
'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 SectooD1l 5. Cli'ediit all1ldllDeposits are hereby deleted.
DAMAGE WHilE ON CUSTOMER PREMiSES iNIDEMN!f!CATION
The following shall be added at the end of Sedion 12. limotatioll1l of Ualbility; 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.
Windstream Confidential
Version 1212016 Page 1 of 2
d
Customer Initials:..7k
Proposal/Quote 10 1580940
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 WINDSTREAM
(Customer) (and its affiliates)
AUTHORIZED REP. . AUTHORIZED REP.
(PRINTED NAM~~/V" /f-lA')( #W'~;W-(PRINTED NAME): Kelly Wasko
SIGNATURE:~)~ -=--SIGNATURE: ~+ uJ~
TITLE: ~ ~ TITLE: Regional Director Customer Advocacy
DATE: J ~ //"'/3 -=D=A..:....:T-=Ec:....: _6/_6/_1_8 _________ _
Windstream Confidential
Version 1212016 Page 2 of2
<.~.tL
Customer Initials/.!P
Proposal/Quote 10 1580940
City of South Miami 4/26/2018
Kulick, Steven P
From:
Sent:
Concepcion, John (ThinkForward) <John.Concepcion@miamidade.gov>
Friday, March 23,201812:48 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 SBe. 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 SBe.
Thank you,
John Concepcion, Senior Program Manager
Miami-Dade County Information Technology Department
5680 SW 87 Avenue. Miami, Florida 33173
786-493-1626 Mobile
INFORMAn~TECHNOl06Y
VIE DO WHIGETHER
Think Green. Please only print this e-mail if you need to.
-_. __ ._._----------------------
Miami-Dade County is a pUbl!C entity subject to Flonoa Srah:tes Chapler 119. Public Records E-mail messages are subject Ie publiC records disclosure and "lith
limited exceptions are not exempt from chapter 119.
From: Kulick, Steven P [mailto:SKulick@southmiamifl.govj
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 cauLio~. 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, FI 33143
932
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamif/.qov
.. "'~.~ ,,.,.
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 sac is included wIth the Cisco Cube provided wit/7 the new SIP product. Its on the quote,just not on thelf
proposal. So it is included
Kelly Wasko
Regional Director Channel Customer Advocacy
0: 704.319.1090 1 m: 704-517-13631 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: Repairffrouble 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, 20183:26 PM
Cc: Kulick, Steven P <SKulick@southmiamifl.gov>
Subject: Session Border Controller
Good afternoon, .
2
933
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
3
934
SUNDAY MAY 21 7018
MIAMIHERAlD.COM
FROM PAGE 14SE
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Monday, May 28
Sgt. LaDavid T. Johnson
Memorial Day Breakfast:
The city of Miami Gar-
dens is hosting a free
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
Day ceremony: Michael
Shepherd, a West Point
grad who served as a
cavalry squadron platoon
leader in Afghanistan, will
speak at the Miami Shores
Memorial Day ceremony
at 9 a.m. Shepherd, an
Eagle Scout who grew up
in the village, will pay
tribute to LaD avid 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
Day ceremony: 9 a.m.,
War Memorial Youth
Center, 405 University
Dr., Coral Gables. Free.
305-460-5600.
Historic Miami Cemetery
Memorial Day tour: 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.
Remembering Our 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,
a color 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-
NEIGHBORS I 21SE
778-0599 or
https://smcc.us/
City of Hialeah Memorial
Day Ceremony: 10 a.m.,
Triangle Park at Palm
Avenue and Okeechobee
Road. Free. 305-883-
5820.
Miami Beach Police De-
partment's Memorial
Day ceremony: 3:15 p.m.,
MBPD Headquarters,
1100 Washington Ave.,
Miami Beach. Free. 305-
673-7901.
Pembroke Pines Memo-
rial Day ceremony: In-
cludes a presentation of
colors, guest speakers and
a wreath-placing; 9 a.m.,
Fletcher Park, 7900 John-
son St., Pembroke Pines.
Free. 954-392-2116 or
http://www.ppines.com/
325/Special-Events.
Sunrise Memorial Day
service: The ceremony
includes a wreath-placing,
speakers, music, light
refreshments and the
presentation of colors; 9
a.m., Sunrise Civic Center
Amphitheater, 10610
West Oakland Park Blvd.,
Sunrise. Free. 954-746-
3670 or https://bit.ly/
2IHMz2S.
Plantation Memorial Day
ceremony: 9:30 a.m.,
Plantation Veterans Me-
morial Park, 1776 Lauder-
dale West Dr., Plantation.
Free. https://www.face
book.com/events/
185527385421965/.
PAMM Memorial Day
BBQ: Held on the water-
front terrace. Catch a live
performance by garage
rock band SunGhosts, plus
food and refreshments for
sale, art-making with
PAMM teaching artists,
and a special appearance
by Coast Guard Air Sta-
tion Miami; 1 p.m., Perez
Art Museum, 1103 Bis-
cayne Blvd., Miami. $16.
http://pamm.org/
memorialdayl8?mc _ cid
=9ab8631584&mc eid=
8ddf2a46dd. -
~~:!J
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission or the
City of South Miami, Florida will conduct Public Hearing(s) at its
regular City Commission meeting 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):
A Resolution authorizing the City Manager to enter into a
multi-year Interlucal Agreement with Miami Dade County for
canal maintenance for the Ludlam Glades and Broad Canals
for an amount not to exceed $220,290 3nnuall y.
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.
A Resolution of the City of South Miami, FlOlida. amending
Resolution No. 094-18-15127. and placing a question on
the August 28, 2018, primary election ballot seeking voter
approval of an amendment to the City's Charter, Article II.
Section 60. reducing voting requirements needed to amend
land use and development regulations in certain commercial,
industrial, and mixed-use areas near the South Mimni
Metrorail Station.
A Resolution authorizing Ihl' City Manager to enter into
multi-year contracts for emergency debris removal and
disposal services for total tenn not to exceed five (5)
consecutive years.
ALL interested parties are invited to attend and will be heard.
Fur fUlther infonnation, please contact the City Clerk' s OJlice at:
305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City herehy 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 neeu a record of the prnceeuings.
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.
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 CLERl<.. Legal Notices of the Miami Daily Business
Review ffk/a 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
05/25/2018
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 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 alliant
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 said newspaper.
JOHANA OLIVA personally known to me
l~~~\ BARB~~ THOMAS
:.: ~.: CommISSIOn # GG 121171
;;.:' : t:xpires November 2, 2021
B~nded Thru TI01 Fain Insurance 800-385-7019
CITY OF SOUTH MIAMI
~~. --~.O~ce"OF:'"PUiIIJC"'GIUJl.-::-·--~~:~~':
NOTICE IS HEREB.Y giv.an·tIlat,lt!a Oily ,C'o~ of .t!,te; €lI\Y of. Iiou!h' MIju1d,
FlonCa wiD condUct PubRc Hearing(s) at its regular City Commlssi.on meeting
scheduled for 'fuesday, JlJI'le 5,201i1i beglntilng at' 7;00 -p.m.,. I" 1be City
Commission .Chambers. 6130 SunsetDriva. to ccmsIdettbe·followlngilMl{s):
A RssolutiQnauth~~ the CIty M;!nag6r w enIIlr IntD a mu\li-yBl!r
Intellocal Agreement with MIami Dade County for canal maintenance for
.the.,ludlam Glades and Broad Canals for anamlilunt.(jijf tOeli.eSed
$220,299 annually. .... . .
A Resolution ,authoming theGity Manager to eAter Into a mufti.;yesr
. contJacl: for citywide SIP phone service with Windstream for a total
term not-wexceed jhree (3) consecutive years. .
. -.
A ResolUtion of the CIty of South Miami, Florida, amending R8soIution
.No,094-'HI-1&127. and plaalng'a questiQn on thS-Aug,ust 28; 20~8"
primary election ballot seekiilg voter approval of an amendment t\l the
Clty's Charter, ArtIcle II, Section 60, reducing voting regujrements
needed to amend land ·use and development reguletioll& in ~
oonimerelal, Jnd~. and mix8d~use areas l\8!II'-the SouIII ~i
MatreraII smuon; . .
A Resolution authorizing the City Manager to enter Into mulll-year
-ml$UIS :fof; ~q' depri$ n!IJlova!' and ~ !!f!!YIQ.!iS fW
total term hot 10 exCeed five (5) COIIBEICIiIIve years. . .
All.lnterestedPWfi8§'~!l'lViIeEI~~d~;wru be-heard.
_:~~o~~~~~~tn~b]y,~~~~itl'~L:~'
Maria M. Menendez. CMC
. CityClelk
Pursuant to Roods Statutes 286.D1 05; ih&. €II:y hereby adVises !tie public
that If a p8ISOn decides tp ~peaJ any daclslon made by'.~iIf ~ Agenr::y
or Commission with respect to any matter cOnsIdeNd aJ ~ meeIiftg or
hearing, he or she WIll naeG-a.reooftI· Gllfle 1lfOG8IIdInp, aRt thlit.1br sw;h
purpQll8. . .aIred.ed.per!IQA -may:ne'ed b;I. enst.II8 thalli'l8lbdm Il!COI'd GUile
prnceedlligS ·Is made which 'moordmotudti8 1he 1estImonY 8lICI evIdenCe
upaA wtllch the'.appealls·tobe bad.. . -.
5~.li __ ~ _~~. ____ 1~~~_
936