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Res No 127-19-15399RESOLUTION NO: 12 7 -19 -1 5 3 9 9 A Resolution authorizing the City Manager to amend the multi -year contract for citywide phone service with Windstream by adding three new phone lines. WHEREAS,. City entered into a three (3) year agreement with Windstream, under the authority of Resolution 106-18-15139, for the newest telephony technology, Session Initiation Protocol (SIP) which is a way to deliver voice via the Internet; and WHEREAS, While the Resolution was approved June 5, 2018, SIP was not fully implemented until February 2019 due to firewall complications between Windstream and ITD therefore, the Windstream agreement commenced upon activation of services and expires February 6, 2022; and WHEREAS, the amendment to the Windstream agreement is transferring three existing phone lines; two at the Community Center provided by the State of Florida and one line at the Senior Center provided by AT&T to Windstream at a cost of $231.60 per month and increases the monthly charge from $1,497.26 to $1,728.86; and WHEREAS; the amendment and the inclusion of the three (3) new phone lines is co - terminus with the existing agreement, expiring February 6, 2022; and WHEREAS, the Procurement Division is also requesting expenditure authority for an additional $271.14 per month for the potential of adding and consolidating phone lines to a single carrier, Windstream for a not to exceed monthly amount of $2,000; and WHEREAS, the monthly expenditure shall be charged to account 001-1320-513-4125 Procurement Division — Telephone beginning in FY 2019 — 2020 with a current balance of $46,093. 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 amend the multi -year contract for citywide phone service with Windstream by adding three new phone lines and the potential adding and consolidating phone lines to a single carrier, Windstream for a not to exceed amount of $2,000, or $24,000 annually. The amendment and contract shall expire on February 6, 2022. A copy of the Amendment adding three (3) phone lines is attached. 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. Page 1 of 2 Resolution No. 127-19-15399 Section 3. Effective Date: This resolution shall take effect immediately upon approval. PASSED AND APPROVED this 111 day of October, 2019. ATTEST: APPROVED: Q CITY CLE K AYoA READ AND AP ROVED AS TO FORM COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: 59% Yea Commissioner Liebman: Yea Commissioner Gil: Yea CITY ATTORNEY Page 2 of 2 Agenda Item No:3. City Commission Agenda Item Report Meeting Date: October 1, 2019 Submitted by: Steven Kulick Submitting Department: Procurement Division Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to amend the multi -year contract for citywide phone service with Windstream by adding three new phone lines. 3/5 (City Manager -Finance Dept.) Suggested Action: Attachments: v3CM Memo Windstream Amendment 10.1.19.docx v2Resolution Windstream Amendment 10.1.19.doc Windstream Amendment to Contract and Quote 9.13.19.pdf Res No 106-18-15139 Windstream Contract Expires 2.6.22.pdf MDBR Ad - 10.01.19.pdf t*077� I19201A South Miami THE CITY OF PLEASANT LIVING 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: October 1, 2019 SUBJEcr: A Resolution authorizing the City Manager to amend the multi -year contract for citywide phone service with Windstream by adding three new phone lines. BACKGROUND: The City entered into a three (3) year agreement with Windstream, under the authority of Resolution 106-18-15139, for 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 telephone technology like PRI. SIP trunks are virtual; they don't require additional hardware to deploy. While the Resolution was approved June 5, 2018, SIP was not fully implemented until February 2019 due to firewall complications between Windstream and ITD. Therefore, the Windstream agreement commenced on activation of services and expires February 6, 2022. This addition is necessary to continue the progress the City is making to consolidate phone lines from other carriers to Windstream thereby moving towards a single telecommunications carrier. The amendment to the Windstream agreement is transferring three existing phone lines; two at the Community Center provided by the State of Florida and one line at the Senior Center provided by AT&T to Windstream at a cost of $231.60 per month. The amendment and the inclusion of the three new phone lines is co -terminus with the existing agreement, expiring February 6, 2022. Therefore, the monthly expenditure is increased from $1,497.26 to $1,728.86: The Procurement Division is also requesting expenditure authority for an additional $271.14 per month for the potential of adding and consolidating phone lines to a single carrier, Windstream for a not to exceed monthly amount of $2,000: Current expense per month - $1,497.26 Additional lines (3) - 231.60 2 SoutVIth�Miamij)- CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM New monthly expense - $1,728.86 Future expansion - 271.14 NOT TO EXCEED AMOUNT - $2,000.00 Windstream currently provides the City's Session Initiation Protocol (SIP) circuit; which is a network technology rather than a legacy telephone technology like PRI and, delivers voice via the internet. Windstream is the City's preferred single telecommunications provider over multiple carriers like the State of Florida and ATW; especially for service issues, maintenance and repairs. FUNDING: 001-1320-513-4125, Procurement Division — Telephone with a current balance of $46,093, FY 2019 - 2020 ATTACHMENTS: Resolution Windstream Amendment to Agreement and Quote Resolution 106-18-15139 3 DocuSign Envelope ID: EE849CB6-B07&4209-Al D3-802610FDF8F7 WINDSTREAM ENTERPRISE Amendment to Agreement (Adding New Service Location) THIS AMENDMENT ("Amendment") effective as of the latter of the signature dates below, amends the Service Terms and Conditions with an Effective Date of 04/20/2018 (Proposal/Quote ID 1580940), in addition to any and all related addenda or amendments (collectively, the "Agreement"), by and between CITY OF SOUTH MIAMI ("Customer") and the Windstream legal entit(ies) providing the Services to Customer, as identified on Customer's bill ("Windstream"). Capitalized terms used but not defined herein shall have the meanings set forth in the Agreement. RECITALS WHEREAS the parties seek to amend the aforementioned Agreement as follows: TERMS OF AMENDMENT Accordingly, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree herein. The following provisions shall apply: 1. Windstream and Customer hereby agree to add the new Service location(s) as identified in Proposal/ Quote ID 1889101, attached hereto and hereby incorporated into the Agreement. The Services to be provided at such Service location(s) and rates for the same are also set forth in Attachment A, along with other applicable terms and conditions. 1. 6701 SW 62ND AVE, SOUTH MIAMI, FL 33143-3358 2.5800 SW 66TH ST, SOUTH MIAMI, FL 33143-3615 2. Minimum Monthly Fee. The Minimum Monthly Fee of the Agreement shall not be increased as a result of adding the new Service location(s), however, there shall be a separate Minimum Monthly Fee applicable to the new Service location(s) in the amount of $255.60, effective as of the first full billing cycle for the month following installation of such Service(s). 3. Term - As a result of adding the new location, the Tern of the new Services shall be co -terminus with the Original Agreement, ending 2/06/2022. 4. Except as modified by this Amendment, the terms and conditions set forth in the Agreement remain unchanged. 5. This document may only be used for moves, additions or changes. Under no circumstances may Customer receive a credit of any kind through execution of this document. IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed by their duly authorized representative, to be effective as of the date first above written. CITY OF SOUTH_"I (Custowien BY: NA TITLE:��i/ /L'(Ai,-✓f-Gr`"L_ DATE: Version 12/2016 APPROVED AS TO FORM AND LEGALITY: WINDSTREAM 000usigo.,{aind its affiliates) keNA�iAEhe son - sgT69s director CITY ATTORNEY Page 1 of 5 DocuSign Envelope ID: EE849CB6-8076-4209-A1 D3-802610FDF8F7 Attachment A to Amendment Attach approved Proposal Summary(s) for Services at the Addition (New) Service location(s) Only. Quote 1889101 Page 2 of 5 DocuSirgn Envelope1. ID: EE849CB-1 16-B076-4209-A1D3-802610FDF8F7 PROPOSAL 'Customer Name Customer Name City Of South Miami, #209741111 Proposal I Quote ID 1889101 Install Street Address 5800 SW 66TH ST City, State, Zip, Country SOUTH MIAMI, FL, 33143-3615, USA Opportunity ID 2052571 Service Order Type Upsell Contract Term 36 Effective Dale 0911312019 Common Voice Features International Block -- 1 $0.00 $0.00 900/976 Block -- 1 $0.00 $0.00 Advantage Business Lines Advantage Business Lines Charge Y - 2 $68.00 $136.00 FSLC - 2 $9.20 $18.40 Total Features $154.40 Other Advantage Business Lines 1 st Line Install -- 1 $50.00 $50.00 Additional Line Install -- 1 $50.00 $50.00 Total Other Charges (Non -Recurring) $100.00 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 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to https://www.windstream.com/about/legal/Fee-and-Surcharge-Guide ••• 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. Y Local Usage is an additional charge in CA, DC, MA, MD, NH, NJ, NY, PA and RI and will be billed at the current lariffed rate. Rates are subject to change on 30 days notice via bill message on customer's invoice. Customer Name Customer Name City Of South Miami, #209741123 Proposal / Quote ID 1889101 Install Street Address 6701 SW 62ND AVE City, State, Zip, Country SOUTH MIAMI, FL, 33143-3358, USA Opportunity ID 2052571 Service Order Type Upsell Contract Term 36 Effective Date 09113/2019 Jed I Total Clty I Price/Unit I Total Price Common Voice Features International Block - 1 $0.00 $0.00 9001976 Block - 1 $0.00 $0.00 Advantage Business Lines Advantage Business Lines Charge Y - 1 $68.00 $68.00 FSLC - 1 $9.20 $9.20 Total Features $77.20 Page 3 of 5 DocuSign Envelope ID: EE849CB6-B076-4209-Al 133-802610FDF8F7 Advantage Business Lines Service Order Charge — 1 $50.00 $50.00 Total Other Charges (Non -Recurring) $50.00 u Local Usage is an addilional charge in CA, DC, MA, MD, NH, NJ, NY, PA and RI and will be billed at the current tadffed rate. Rates are subject to change on 30 days notice via bill message on customer's invoice. Total Monthly Recurring Charges $231.60 Total Non -Recurring Charges $150.00 Minimum Monthly Fee $231.60 This Proposal is subject to and controlled by the Windslream 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. TOMER Signature: dnted Name. =J,%��( Title: Date: WINDSTREAM Dmu icy y keit�t ne'�son Printed Name: sa}p6:director 11/4/p}9 This offer is voidable by Windstream if not signed and returned to Windstream by the 30th day of November, 2019. Page 4 of 5 DocuSign Envelope ID: EE849CB6-B076-4209-A1 D3-802610FDF8F7 WINDSTREAM ENTERPRISE Letter of Agency Contact Name: Company 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 ("Windstream") 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 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. 1 understand that I have the right to obtain telecommunications services individually. I also understand that I may designate only one local exchange carrier, one intraLATA carrier, and one interLATA carrier per telephone number. I choose Windstream to act as my agent to cant' 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 (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: LIST ALL APPLICABLE BILLING TELEPHONE NUMBERS OR LIST 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 necessary instructions on my behalf and confirm that my preferred provider for the telecommunications service(s) checked above will be changed for the telephone number(s) specified above. This agreement will remain in effect until revoked in writing by the Company. Company Signature: Date: '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, Earthl-ink 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) Page 5 of 5 DocuSi n Envelope ID: EE849CB6-B0764209-A1D3-802610FDF8F7 PROPOSAL Customer Name City Of South Miami, #209741Ill Install Street Address 5800 SW 66TH ST Opportunity ID 2052571 Contract Term 36 Proposal / Quote ID 1889101 City, State, Zip, Country SOUTH MIAMI, FL, 33143-3615, USA Service Order Type Upsell Effective Dale 09/13/2019 Jed I Total City I Price/Unit I Total Price Common Voice Features International Block - 1 $0.00 $0.00 900/976 Block - 1 S0.00 $0.00 Advantage Business Lines Advantage Business Lines Charge 1L -- 2 $68.00 $136.00 FSLC Total Features $9.20 $18.40 $154.40 Other � ■ Advantage Business Lines 1st Line Install -- 1 $50.00 $50.00 Additional Line Install - 1 $50.00 S50.00 Total Other Charges (Non -Recurring) $100.00 Rates are subject to change on 30 days notice via bill message on customers invoice. Additional charges apply for all local, long distance and 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to https:/Iwww.windstream.com/about/legal/Fee-and-Surcharge-Guide -Amounts listed are reasonable approximations based on initial proposal. Actual amounts shall depend on final lease amount set forth in the Customers Lease Agreement. It 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 customers invoice. Customer Name Customer Name City Of South Miami, #209741123 Proposal / Quote ID 1889101 Install Street Address 6701 SW 62ND AVE City, Slate, Zip, Country SOUTH MIAMI, FL, 33143-3358, USA Opportunity ID 2052671 Service Order Type Upsell Contract Term 36 Effective Date 09/1312019 Included Total Qty Price/Unit I Total Price Common Voice Features International Block 9001976 Block Advantage Business Lines Advantage Business Lines Charge Y FSLC Total Features 1 $0.00 $0.00 - 1 $0.00 $0.00 - 1 $68.00 S68.00 - 1 $9.20 $9.20 $77.20 Page 3 of 5 DocuSign Envelope ID: EEB49CB6-B076-4209-Al D3-802610FDF8F7 Other Charges (Non -Recurring) Included Total Qty Price/Unit Total Price Advantage Business Lines Service Order Charge Total Other Charges (Non -Recurring) S50.00 $50.00 $50.00 1L 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 customers invoice. Total Monthly Recurring Charges $231.60 Total Non -Recurring Charges $150.00 Minimum Monthly Fee $231.60 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 . Signature: _.--,...---' _.. -__" "...... ` Fainted Name' Title: (. /i t : 41-f I c, C. Z Date: 1124-'..•2 L' / WINDSTREAM DOcu ig a y: C keitil ne`Tson Printed Name: sa}itty;director 11/4/�O°a9 This offer is voidable by Windstream if not signed and returned to Windstream by the 30th day of November, 2019. Page 4 of 5 DocuSign Envelope ID: EE849C136-13076-4209-A1 D3-802610FDF8F7 WINDSTREAM Letter of Agency Contact Name: Company 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 ("Windstream") 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 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 carrier, one intraLATA carrier, and one interLATA carrier per telephone number. I choose Windstream to act as my agent to cant' 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 (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: LIST ALL APPLICABLE BILLING TELEPHONE NUMBERS OR LIST 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 necessary instructions on my behalf and confirm that my preferred provider for the telecommunications service(s) checked above will be changed for the telephone number(s) specified above. This agreement will remain in effect until revoked in writing by the Company. Company Signature: Date: '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, Intellifber 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) Page 5 of 5 DocuSi n Envelope ID: BE370CEA-2717-4A5E-Bl92-B8EED33l lD6E Customer Name City Of Bout Miami, #209741111 Install Street Address 5800 SW 66TH ST Opportunity ID 2052571 Contract Term 36 Common Voice Features International Block 9001976 Block Advantage Business Lines Advantage Business Lines Charge y- FSLC Total Features Proposal / Quote ID 1889101 City, State, Zip, Country SOUTH MIAMI, FL, 33143-3615, USA Service Order Type Upsell Effective Date 09/13/2019 -- 1 $0.00 $0.00 -- 1 $0.00 $0.00 -- 2 $68.00 $136.00 -- 2 $9.20 $18.40 $154.40 Other Advantage Business Lines 1st Line Install -- 1 $50.00 550.00 Additional Line Install — 1 $50.00 $50.00 Total Other Charges (Non -Recurring) $100.00 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 8XX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to https://www.windstream.conVabout/legal/Fee-and-Sumharge-Guide — 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. A 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 customers invoice. Customer Name City Of South Miami, #209741123 Install Street Address 6701 SW 62ND AVE Opportunity ID 2052571 Contract Term 36 Proposal / Quote ID 1889101 City, State, Zip, Country SOUTH MIAMI, FL, 33143-3358, USA Service Order Type Upsell Effective Dale 09/13/2019 led I Total Qty I Price/Unit I Total Price Common Voice Features International Block -- 1 $0.00 $0.00 9001976 Block — 1 $0.00 $0.00 Advantage Business Lines Advantage Business Lines Charge It -- 1 $68.00 $68.00 FSLC -- 1 $9.20 $9.20 Total Features $77.20 9 Page 4 of 6 Lines Title: Date: Service Order Charge Total Other Charges (Non -Recurring) $50.00 $50.00 $50.00 JL 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. Total Monthly Recurring Charges $231.60 Total Non -Recurring Charges $150.00 Minimum Monthly Fee $231.60 This Proposal is subject to and controlled by the Windstream Service Terms and Conditions, which are incorporated herein by reference and attached hereto. Your signabre constitutes your acceptance of the Proposal and your agreement to Windstream's Service Terms and Conditions. CUSTOMER DxI�u , Signature: Lr"VN, B30BaC8A62AT42D... keith r�eltSt�n Printed Name: nn a Name: salp,§edi rector 9/16/2019 Date: WINDSTREAM This offer is voidable by Windstream if not signed and returned to Windstream by 28th day of October, 2019 . 10 Page 5 of 6 DocuSign Envelope ID: BE370CEA-2717-4A5E-B192-68EED3311 D6E windstream. Letter of Agency Contact Name: Company 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 ("Windstream") 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 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 carrier, one intraLATA 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 carriers, 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: LIST ALL APPLICABLE BILLING TELEPHONE NUMBERS OR LIST THE MAIN BILLING TELEPHONE NUMBER BELOW AND ATTACH A DOCUMENT IDENTIFYING ALL ASSOCIATED TELEPHONE NUMBERS SUBJECT TO THIS LOA Telephone Numbers: 1 authorize Windstream to issue all necessary instructions on my behalf and confirm that my preferred provider for the telecommunications service(s) checked above will be changed for the telephone number(s) specified above. This agreement will remain in effect until revoked in writing by the Company. Company Signature: Date: '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 B 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, DBE Systems, DBE, 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, Lexoom 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) 11 Page 6 of 6 RESOLUTION 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 VoIP phone system unified communication functionality and features. The City will be able to leverage the new Check Point firewalis 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 $1,497.26 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 5th day of June , 2018 12 Page 1 of 2 Res. No. 106-18-15139 ATTEST: APPROVED: (Ar LERK MAYOfi READ AND LANGU-Ad RN EY ROVED AS TO FORM EOF COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea 13 Page 2 of 2 Agenda ftem No:14. City Commission Agenda Item Report Meeting Date: June 5, 2018 Submitted by: Steven Kulick Submitting Department: Procurement Division hem Type: Resolution Agenda Section: RESOLUTIONS) PUBLIC HEARING(S) Subject: A Resolution authorizing the City Manager to enter into a mufti -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.docc 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 MDDR Advertisement. pdf 912 14 �r-Cml South Miami THE CITY of PLEASANT LIVING To: FROM: DATE: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager 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 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 HTTP 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 15 South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM PER SESSION BOWER YEAR ONE YEAR 2 - 3 THREE- -. MONTH ANNUAL - CONTROLLER (SB ANNUAL ANNUAL, YEAR COST COST TOTAL.' $3,774 — One-time Cost, AT & T $1,279.32 $15,351.84 Includes 5-year Maintenance ($1,814: 5- $19,125.84 $34,331.68 $53,457.52 year maintenance) $3,774 — One-time Cost, CALL ONE $1,432.00 $17,184.00 Includes 5-year Maintenance ($1,814: 5- $20,958.00 $37,996.00 $58,954.00 year maintenance) 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 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.S6 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 VOW 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 16 i CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER THE ciTY or PLEASANT LIVING 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 currently the 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 — Telephone with a current balance of $11,717.33 before this request. ATTACHMENTS: Resolution Windstream Proposal and Terms and Conditions Recommendation, Information Technology Division 915 17 WINDSTREAM EPITERPRISE PROPOSAL SUMMARY Service Location Listing - Monthly Rewrring Charges 'ru.• 2llU'hL .n•.r u CITY OF SOUTH MIAMI. #7034899 1580940 Kelly Wilson 04120/2018 $1,497.26 ReolD e0145540 ' - Integrated - k[p�. - Location Name 8 Sen ice.Address Access Voice: Uoiee'8!D in To[al t 0 OR, SOUTH r r r Page 1 of 12 WINDSTREAM ENTERPRISE PROPOSAL C r gq; _'..�'�'-"'s''•,3's-' Customer Name CITY OF SOUTH MIAMI, #7034899 Proposal I Quote 10 1580940 Install Street Address 1 SUNSET D' City, State, Zip SOUTH1.1 Opportunity 10 1659994 Service Order Type Renewal/Upsell Contract Term 36 Effective Date 0412012018 1 n`dledFSer�Jic-es-'"Yk•:,.v IRS ,� ;..y....t r,Ln -z �. .L,.a gTjoEal,Qty "Total�P�releez '-. Ethernet 10 Mb - Included SIP Call Path 38 - Included Managed Router Equipment - - Included Managed Router -Advanced - - Included Total Services $1,001.51 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 It -- 7 525.05 $175.35 Total Features $495.75 Regional Long Distance Charges (D) 0,0300, 6 sec 6 sec 2 digit t In State Long Distance Charges (D) 0.0300' 6 sec 6 sec 2 digit t Out of State Long Distance Charges (D) 0,0300, 6 sec 6 sec 2 digit t e o o-o o P Access Loop Local Loop Install Charge -- 1 $0.00 $0.00 Dynamic lP Managed Router -Advanced Installation Charge -- 1 $130.00 5130.00 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 19 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 customers invoice. "Additional charges apply for all local, long distance and BXX features, network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing, go to htlo:/hv .Daetec.com/about-us/notice. —Amounts fisted are reasonable approximations based on initial proposal. Actual amounts shall depend on final lease amount set forth In the Customer's Lease Agreement a Local Usage is an additional charge in CA, DC, MA, MD, NH, NJ, NY, PA and RI and will be billed at the current tarifted rate. Rates are subject to change on 30 days notice via bill message on customers 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 $1,497.26 Total Non -Recurring Charges $130.00 Minimum Monthly Fee $1,497.26 -� �-•'.,..i. -'Ise- ;Ex. - rv�' `� r x '�- w ��4 =' �h �5�?rvlce-_It� rmatlon •. ,,E. - a _�."s.. n,�;=�� .�u yt'.=�-a'��?��`...'r _ y p�°> This Proposal es subject to and controlled by the Windslream 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. �uSTOMEI' Signature: Pdrk ama: �% 1: //�y,'d .�Lix/Y✓6JYL� Idle: C /!% /P=�i/�/]�s°vG02, �- Date: &I/, / I i/ es WINDSTREAM Signature: Scuff _ (.(J"41�e Printed Name: Kelly WaSko Title: Regional Director Customer Advocacy Date: 6/6/18 This offer is voidable by Windstream if not signed and returned to Windstream by 4th day of June, 2018 . Approved daas`ttoo form and degaUty: BY City Attorney 20 Page 3 of 12 WINDSTREAM ENTERPRISE WMSTREAM 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 ("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 saccess�ve 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 THE RIGHT TO INCREASE OR DECREASE MONTHLY RECURRING CHARGES ("MRCS") ON AT LEAST THIRTY (30) DAYS' NOTICE AND OTHER RATES AT ANY TIME. 3. Installation. Customer must provide an environment 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. 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 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 Customers 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. S. 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 if not 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. 11 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. B. 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 licensoes 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. 21 Page 4 of 12 0. Use of Services; Restricted Calling Services; HIPAA 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 DSO/DSO 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 WIN'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 Calline Services. WIN will restrict international long distance and 900/976 calling functionality ('Restricted Calling Services") from Cuttomer'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 fiequent 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 interruptiom. 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 ("HIPAA')); and (ii) Customer Content includes Protected Health Information ("PIH') (as defined in HIPAA). 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 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 or harassing WIN representatives and fails to slop 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 (egallregulatory changes, WIN has the right to terminate this Agreement either prior to installation or on sixty (60) days' notice after installation. 91. 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-Enstallation Cancellation Charge ("Cancellation 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 I l(b). b. Post -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°/a) 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 MIN➢1fUM MONTHLY FEE ("MItH+"), THEN THE 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 WHICH MAY BE INCURRED BY WIN. 12. Limitation of Liability; Indemnity. FOR PURPOSES OF SECTIONS 12 AND 13, "WIN" 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 WELL 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 i IARI ITY 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 L➢1IIT 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. 22 Page 5 of 12 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 "AS IS" AND "AS-AVAII,ABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON -INFRINGEMENT OR MLIED 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 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, WW 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 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: (11) THE TERMS AND CONDITIONS OF THE TARIIFFS FILED WITH STATE PUBLIC SERVICE COMMISSIONS; (H) THE FCC OR STATE SERVICE PUBLICATIONS POSTED AT http://www.windstream.com/Legal- otices/; (III) FOR INTERNET, THE "ACCEPTABLE USE POLICY" POSTED AT ham://www2.windstream.nett/customersugtsoWnsersguide/acegRtlaccept.html AND THE "PRIVACY POLICY" POSTED AT h :/Iwvm! windstmam.com/nrivacMpm (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' 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. Miscellaneous. (a) 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.suppo(a windstneam.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.comor 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 Jrrry Trial, EACH PARTY HERETO HEREBY WAIVES, TO 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 Liruitations: 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) Assigpment: 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) $bird Party Beneficiaries: No third party shall be deemed a beneficiary of this Agreement; (h) Waiver: Either parry's failure to enforce any right or remedy available under this Agreement is not a waiver, (i) Sevembility: 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 Changes: Handwritten changes are not binding on either party; (1) 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) Publichy 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. For Managed CPE Rmwall Senices only Authorization to Perform Testing. Customer grants WIN the authority 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 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 Fmewall on&L 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. 23 Page 6 of 12 Secariry 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 we 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 ("DDoVJ Mitigation Service on(v: WIN agrees to investigate "high" service alerts, as that term is defined 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) horns if the attack persists. Customerwill 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 OfficeSitite UCG Fax Services only: 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 billedat the overage rate per fax page sent or received as identified within bundle selection. For OffimSuite® Fax Measured package, each domestic page sent and received will be billed at $0.065 per page; (ii) international faxing is not supported; (iii) only one (1) email address may be associated with each fax number for sending or receiving; (iv) only one (1) bundle package applies per email address. A bundle limit may not be shared across multiple email addresses; (v) unused fax pages will not rollover to the next month's billing; and (vi) a copy of faces sent and received will be stored for ninety{90) days in the MyOfSce$uitew portal and then deleted. It is recommended that Customer download or forward faxes to store locally. version 04.05.18 Windstream Confidettal 24 Page 7 of 12 Windstream VoIP 911 Disclosure 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: 911 emergency services will not be available in the event of a power failure. 911 emergency services will not be available in the event of an internet failure. ® There 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 to WIN VoIP Services, power is supplied directly from the premise in which you are operating the telephone. m 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. o Loss of power to your broadband gateway (through which your service is provided) will cause a loss of telephone and 911 services. o 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 ensure that 911 calls are properly routed: 6 Do 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) 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. e If 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 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. . o Always 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 emergency and the telephone number from which you are calling. 0 Contact WIN when you plant to move your service address: WIN customers should contact the WIN Business Center at 1-500-600-5050, Earthiink customers should contact Earth Link Customer Care at 1-500- 239-3000 and Broadview customers should contact the OffceSuite® Support Center at 1-500-623-'VOIP (NA'n. Since your WIN VoIP Services will not provide 911 services from another location, you must notify WIN 25 before you trove the registered location of your service. Page 8 of 12 To help remind you about the availability of 911 emergency service and its limitations with WIN VoIP Services, we will provide stickers to be placed on or near all of your telephones and devices. To Report a Change to Your Service Location: m WIN Customers - Contact Customer Service at 1-855-361-7792. ® Legacy EarthLink Customers - Contact EarthLink Customer Care at 1-800-239-3000. o 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. e Leery 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 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. version 04.06.18 Approved --ass to form a®d I allty: City Attorney Account number Date 26 Page 9 of 12 WINDSTREAM ENTERPRISE APPLICATION FOR CREDIT Representative: Kelly Wilson Representative Phone: 864-672-7280 Customer Name: CITY OF SOUTH MIAMI 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 Tip: 33143-5040 Business Structure: Nature Of Business: Company Name: Address: City: State: Tip: 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: zp: Account Number. Venda Account Number Phone Contact 1. Address: 2. Address: 3. Address: Current Local Telco: Current LD Carrier Authorization Accepted By Customer 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 Signature: 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: 27 Page 10 of 12 WINOSTREAM ENTERPRISE Letter of Agency Cortact Name: Company Name: Billmg Address: City, State, rip: Curent Carried Order Date: Authorization to Change Service Provider(s) On behalf of the Company, I hereby authorized Windstream Communications C Windstream") 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 Windstream for each of the telephone numbers listed below. Check all applicable services: Local Intrastate, IntmLATA Long Distance Service (also known as local tall) Interstate, InterLATA and International Long Distance I mpreser,. 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 carrier, one intraLATA carrier, and one IntefLATA caner per telephone number. I choose Windstream to act as my agent to carry out the change(s) and authorize Wndstream to handle on my behalf all arrangements, including ordering, changing, and/or maintaining my service, with my local telephone company(s), intenexchange carders, equipment vendor(s), and consultant (s). By designating Windstream to act as my agent, I do not permit Wmdstream to change my service to a carder other than Windstream. I understard, that there may be a fee to change from the Company's current telecommunications carrier(s) to Windstream. INSTRUCTIONS: LIST ALL APPLICABLE BILLING TELEPHONE NUMBERS OR LIST THE MAIN BILLING TELEPHONE NUMBER BELOW AND ATTACH A DOCUMENT IDENTIFYING ALL ASSOCIATED TELEPHONE NUMBERS SUBJECT TO THIS LOA Numbers: I authorize Windstream to issue all neces instructions on my behalf and confirm that my preferred provider for the telecommunications service(s) checked above will begangled for the telephone`�i6�s).speethed-ebove. This agreement wili remain in effect until revoked in writing by the Company. Company Signature: Date: Approved as to form and legality! City Ahomey '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, Conversant Communications (of Connecticut Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, or Vermont), CTC Communications, CTC Communications of Virginia, DeltaCom Business Solutions, DehaCom, Earthl-ink Business, EarthbnK 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, Accucemm Telecommunications, Alabama, Arkansas, Buffalo Valley, Communications Kerrville, Communications Telecom, Communications, Concord Telephone, Conestoga, D&E Systems, DBE, 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, Nonight 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) FU 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. Private Line Jurisdictional Traffic Certification Customer Name: Customer Address: Contact Person: Contact Person's Telephone Number: 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 — 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. ® 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. 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 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 anytime, 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: Approved as to (form and legaRity: City Attorney Please Return this page to: Windstream Communications 4001 Rodney Parham Road Mail Stop:1170 B1F212-12A Little Rock, Arkansas 72212 ATTN: PL Certification OR Email to: wci.reeulatorv@windstream.com 29 Page 12 of 12 WINDSTREAM ENTERPRISE ADDENDUM TO WINDSTREAM SERVICE TERMS ARID 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: TERRA 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 Customers 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. Customer Initials: Wndstream Confidential Proposal/Quote ID 1580940 30 Vervon 12/2016 Page 1 of 2 City of South Miami 4126/2018 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. AUTHORIZED REP. PRINTED NAME): dr Af -1,A hL `(PRINTED NAME): Kelly Wasko SIGNATURE: SIGNATURE: TITLE: G/T �f� TITLE: Regional Dlrector Customer Advocacy DATE: DATE: 6/6/18 V� Approved as to fora and itgaUtyo BY City Attorney Customer initials---,,v Windstream Confidential Proposal/Quote ID 1580940 31 Version 12/2016 Page 2 of 2 City of South Miami 4/26/2018 Kulick, Steven P From: Concepcion, John (ThinkForward) Uohn.Concepcion@miamidade.gov> Sent: 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 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 INFORMATION TECHNOLOGY WE 00 TOGETHER Think Green. Please only print this e-mail if you need to. rdtam, Dade County is a pubic entity subject to Flonea Statutes Chapler 112. Public Records E-mail messn pes are subject tc pubn: retorts disclosure and Koh limaed e%cephons are not exempt from Chapter 119. From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov] Sent: Friday, March 23, 201811:42 AM To: Concepcion, John (ThinkForward) Uohn.Concepcion@miamidade.gov> Subject: FW: Session Border Controller This is an EXTERNAL email. Exercise cation. DO NOT_ ooen attachments or click links from unknown senders or unexpected emails. Please click here if this is a suspicious message reoortspam@miamidade.gov Enterprise Security Office Fyi... Steven Kulick, C.P.M. Chief Procurement Officer/Procurement Division 932 City of South Miami - 6130 Sunset Drive - South Miami, FI 33143 32 Ph: 3051663-6339; Fax: 3051663-6346 - Email: skulick southmiamifl.gov From: Wasko, Kelly W [mailto:Kelly.Wasko@windstream.com] Sent: Friday, March 23, 201811:21 AM To: Webster, John <JWebster@southmiamifl.eov> Cc: Kulick, Steven P <SKulick@southmiamifl.eov> 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 S/P product. lKf on the quote just not on their proposal. So it is included Kelly Wasko Regional Director Channel Customer Advocacy o: 704.319.1090 1 m: 704-517-1363 1 support: 800.600.5050 Kelly.Wasko@windstream.com WINDSTIREAM 6801 Morrison Blvd Charlotte, NC 28211 Windstreamenterprise. com For Enterprise Account Support, please call 800-600-5060: • Option 1: Repair/Trouble Reporting • Option 2: Billing • Option 3: Change Requests/General Questions • Or email - windstream.contactus(a-windstream.com • Windstream Online Web Portal: http:/Nuww.windstreambusiness.com/customer-login From: Webster, John fmailto:JWebster@southmiamifl.gov Sent: Thursday, March 22, 2018 3:26 PM Cc: Kulick, Steven P <SKulick@southmiamifl.eov> Subject: Session Border Controller Good afternoon, 2 933 33 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 iwebster@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 34 "DAY MAY n 2018 MIAMMERAIMEOM FROM PAGE USE HOLIDAY Free. 786-650-2073 or www.seminoletheatre.org. Reggae Festival: 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; 2 p.m., Bayfront Park Amphitheatrer, 301 Bis- cayne Blvd., Miami. $45- $135; kids under 12 free with adult. www.bestofthe bestconcert.com. Monday, May 28 Sgt. LaDavid T. Johnson Memorial Day Breakfast: 'rhe 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 memorial dayinthegardens 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 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 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 surfsidefi.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- NEIGEIBORS 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/ 2rHMz2S. Plantation Memorial Day ceremony: 9:30 a.m., Plantation Veterans Me- morial Park, 1776Lauder- dale West Dr., Plantation. Free. https://www.face book.com/events/ 185527385421965/. PAMM Memorial Day BB01; 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; I p.m., P6rez Art Museum,1103 Bis- cayne Blvd., Miami. $16. http://pamm.org/ memorialday18Tmc cid "9ab8631584&mc cider 8ddr2a46dd. I21SE CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Comn-dssion of 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 lnterlocal Agreement with Miami Dade County for canal maintenance for the Ludlam Glades and Broad Canals for an amount not to exceed $220.290 annually. 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, Florida, amending Resolution No. 094-18-15127, and placing a question on the August 28, 2013, primary election ballot seeking voter approval of an amendment to the City's Charter, Article 11. 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 Metrorall Station. A Resolution authorizing the City Manager to enter into multi -year contracts for emergency debris removal and disposal services for total tern not to exceed five (5 ) consecutive years. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-66 3-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered al its meeting or hearing, lie or she will need a record of the proceedings. and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 35 935 MIAMI DAILY BUSINESS REVIEW Puwelred Daily eacapt Saturday, Sunday and Legal Holidays Miami. M®mi-Dade Canty. Florida STATE OF FLORIDA COUNTY OF MIAMfDADE: Before the undersigned authority personally appeared JOHM4A OLIVA. who on oath says that he or she is the LEGAL CLERK Legal Noacea of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dada County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice in the craw of NOTICE OF PUBLIC HEARINGS- CITY OF SOUTH MIAMI JUNE 5, 2018 in the XXXX Count, was published in mid newspaper in the issues of o525r2018 Athant further says mat 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 Mland-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 allchad copy of advertisement; and affiant hiller says that he or she has neither paid nor pmrrJsed any person, firm or corporation any discount. rebate, comMssion or refund for the purpose of securing this advertisement for publication in the said newspaper. JOHANA OLIVA personally known to me BARBARATHOMMS Convidexi # GG 121171 W trpires November 2021 .r RandedTleuTmyFtin Waaaaw"5.j01i CITY OF SOUTH MU1M1 NOTICE 15 HEREBY given. M the Gily.Com Moss In of tbeft of South Merrill, Florida vat. conduct Public Heerhlg(s) et Its regWar City Certad ial meeffig scheduled for Tuesday. June 5, 2018, begimamg at 7d1D p.m, In the Chy Connotation Chambers, 6130 Sunsa:Dfire, to cerelderthaidlowhtg ithanIN' A Resolution eulhortidw the City Manager to abler Into a MUDISar Idedo®I Agreement wih Miami Dade Couni for canal meantatatCa for the Ludlam Glades mid Broad Canals for artrtamount.ri if bi euceed $220,290 arawally. A Flasogttlon.auhortpng the C.4 Maoeger to, enter Into a muhi jam contrad for cirywids SIP phone service with VAnxistrearn for a total term notta exresd three (3) consecutive years. - A Resolution of the City of South Mleml, Florida, amending Resolution No. M4-18-IM27. and placing -a question on the August a,, 2018,. primary elecliom bellotSao" voter approval of an anandmart to the - CtVs Charter, Article 11, Section ED, reducing voting realm amenb needed to emend lend use and development regulebore in certain commercial, )ndlmMN, and mhted-use frees near the South Wilemi Maborell Station: - A Resolution authorizing the City Manage to aver Into multi -year mer acts for emeVency debits removaland dOOBW mrYlces far total Icon notth aideed five (5) cwmcoldlve Yam- , ALL Irdareeted.Pie§ar@(rrvltfldYv:e¢aend.arM.yrAI baheard- Fin luplsrfEiormegsn, Dlease't�t�.tth4�:�$' M'' ..:: Maria M. Menendez, CMC City Clark Pursuant to Florida Statutes 288.0105, tide-C ty hereby advws the Public that 8 a person decides to appeal any dedabn Maxie by 4his Btierd Agency or Commiswlon with respect to any matter considered at its meethrg or hewing, he a she wgl need a miswd 0 the proceedings, and thatfar sail puryma.a8eded.pereon miryireed do slams lead a vabe8m record of the proceedings Is rtada whigt retold htdudes fAe taatanany and avldertce upon whldt tltaeppeel Is.to be blieed. 18-BSIOD00321588M EMS 936 36 MIAMI DAILY BUSINESS REVIEW Pualished Daily except Saturday. Sunday ena Leo Holidays Miami. Miami -Dade Courn, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review [No 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 - OCT 1.2019 in the XXXX Court, was published in said newspaper in the issues of 0920/2019 ARant further says that the said Miami Daily Business Review is a newspaper published at Miami. in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County. Florida each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mail matter at the post once in Miami in said Miami -Dade County. Flodda, 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 said GUILLERMO GARCIA personally known to me A"•, BARBARATHOMAS , .;1 Ccmraission If GG 121171 y Expifes November 2, 2021 *z....... . &ended TMu Troy Fainlnwranee 9110185-701a CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, October 1, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following Real A Resolution authorizing the City Manager to amend the multi -year contract for citywide phone service with Windstream by adding three new phone lines. ' A Resolution ratifying the three-year Collective Bargaining Agreement from June 22, 2019 to June 21, 2022 between the American Federation of State, County, and Municipal Employees (AFSCM17, Local 3294 and the City of South Miami. and au0wrizing. its execution by the City Manager. A Resolution relating to a Variance application to reduce the minimum off-street parking space requirement for a mixed -use project on both the East and West Madison Square properties as legally described herein. An Ordinance amending Chapter 2, Article V, Sections 2-354-2-380. - Reserved of the City of South Miami Code of Ordinances to create a separate Section 2-354 that establishes standards for use of chemical pesticides and herbicides for the maintenance of City property and to reserved Sections 2-355 through 2-380. An Ordinance amending Section 7-3.2 of the Code of Ordinances to adjust the parks impact fees; defining how those fees are calculated, providing for definitions, exceptions, assessment of development prior to establishment of parks impact fees; providing for exemption for affordable housing developments; providing severabllity, inclusion in the code, and effective dates. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 8A, Section BA- 4.1. titled 'Prohibited commission actions' to allow the Mayor or Mayers designee to issue proclamations without the need for approval by written resolution. ALL interested parties aria Invited to attend and will be heard. For further information, please contact the City Clerk's Office at:305- 663-6340. Nkenga A Payne, CMC City Clerk Pursuant to Florida Statutes 286.0105. the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or.she Wit need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record Includes the. testimony and evidence upon which the appeal is to be based. 920 19-7210000427148M 37