HomeMy WebLinkAboutIT04-076 - Original - Focal Communications Corporation - Telecommunications Services - 06/01/2001 FOC)�dl
SERVICE AGREEMENT
THIS AGREEMENT,DATED, March 16`b, 2001 is entered into between Focal
Communications Corporation, 200 N. LaSalle, St., Suite 1100 Chicago, IL 60601, for and
on behalf of its regional operating subsidiaries that will provide services hereunder(each
such subsidiary is referred to as "Focal," or"Vendor"), and the City of Kent, 220 Fourth
Ave. S., Kent, WA 98032 (hereinafter referred to as the "City").
1. General.
(a)This Agreement governs Focal's provision of local dial tone and long distance
services to the City or its affiliates under any service order from the City or an
affiliate accepted by Focal (each, a"Service Order").
(b) Focal shall meet the performance specifications, if any, contained in
respective Service Orders. If performance specifications are not contained in
a Service Order, Focal's performance will meet prevalent industry standards
for equivalent services. The prevalent performance standards for the
provision of this service include 99.999% availability of service throughout
the life of this Agreement.
(c) The City will cooperate with Focal to enable Focal to fulfill its obligations
under this Agreement and associated Service Orders (e.g.,The City will afford
Focal safe and reasonable access to the City's premises to enable Focal to
install, maintain, and repair equipment) and allow Focal to use the City's
Proprietary Network Information ("CPNI") to offer additional services and
otherwise assist the City. If Focal installs any equipment at the City's
premises, it shall remain the property of Focal and the City shall be
responsible for any loss or damage to such equipment, unless such loss or
damage is caused by Focal's negligence or willful misconduct.
2. Prices and Payments.
(a) Prices are as set forth in the attached Service Order. Focal may increase prices
effective after the initial term of a Service Order upon 90 days notice. If,
during the term of this Agreement,Focal offers a lower price for similar
service to a similar size client, with similar volume commitments, with similar
capital expenditures, other than a short term promotional rate,Focal will
immediately reduce the City's price to the same amount. Focal will invoice
monthly for all services and payment shall be due 45 days after receipt by the
City of the invoice.
(b) The City shall pay recurring charges monthly in advance and usage charges
monthly in arrears.
(c) The City will be liable for recurring charges as of the date that service is
accepted by the City, such acceptance not to be unreasonably withheld.
(d) If the City requests that Focal make a service call to the City's premises,Focal
may charge rates as detailed in the Service Order for on-site service if Focal
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determines that the service call was necessary due to actions by the City or
another third party, other than any Local Exchange Carrier(LEC) from which
Focal is purchasing transport services to deliver Focal services to the City.
3. Credits.
(a)The City shall receive a credit equal in amount to (i) one day's recurring
charges for any circuit where a Service Interruption of such circuit of a
duration of 4 hours or less occurs in any calendar month and(ii)one month's
recurring charges for any circuit where a service Interruption of such circuit of
a duration in excess of 4 hours occurs in any calendar month.
"Service Interruption"means that the affected circuit is unusable and not in
use by the City as a result of the failure of Focal-controlled equipment or
personnel or the failure of equipment or personnel at the LEC from whom
Focal is purchasing services for the City. A Service Interruption shall not
occur or continue if the interruption occurs because of a failure in equipment
that is not under Focal's control or circumstances outside the control of Focal,
other than as stated in the previous sentence. If Focal provides reasonable
notice that a service disruption will occur to enable Focal to perform
maintenance, such service disruption will not be considered a Service
Interruption.
4. Order of Documents. In the case of inconsistencies or disputes among this
Agreement, the City's RFP, and Focal's Response to the RFP, the following order of
precedence shall prevail in descending order of priority:
a. This Agreement and any written and fully signed amendments thereto.
b. Focal's Response to the RFP and any authorized written amendment or
clarifications thereto.
c. The City's RFP and any written amendments thereto.
To the extent any terms or conditions of this Agreement are invalid under any
applicable statute or rule of law,they are deemed to be omitted and the remaining
provisions of this Agreement shall not in any way be affected or impaired.
5. Independent Contractor. The parties intend that an Independent Contractor-
Employer relationship will be created by this Agreement, the City of Kent being
interested only in the results obtained under this Agreement. This Agreement
does not create a partnership,joint venture, agency, or similar relationship
between the parties.
6. Termination for Cause. The City of Kent may terminate the Agreement for good
cause. "Good Cause" shall include, without limitation, any one or more of the
following events:
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(a) Focal's refusal, or failure, to supply a sufficient number of properly skilled
workers or proper materials for completion of the Agreement work.
(b) Focal's failure to complete the work within 90 calendar days of Focal's receipt
of an Order.
(c) Focal's failure to make full and prompt payment of undisputed amounts to sub-
vendors or for material or labor.
(d) Focal's failure to comply with federal, state or local laws, rules or regulations.
(e) Focal's filing for bankruptcy or becoming adjudged bankrupt.
(f) Focal's continued and/or flagrant failure to comply with any terms or conditions
of the contract, subject to the provisions for contract default established in
Section 9.
If the City terminates the Agreement for good cause, the City shall not be
responsible for any monies due under this Agreement other than sums due for
services rendered up to the date of termination, however, the City shall have the
right of offset for any out of pocket expenses they have incurred due to Focal's
failure to complete the work.
7. Termination without Cause.
(a) This Agreement shall terminate upon the termination of the last to expire
Service Order. Except as provided in paragraph (b), Service Orders may not
be cancelled or terminated during their respective initial terms. Service
Orders shall automatically renew on a month-to-month basis. Subsequent to
the initial term, Service Orders may be canceled upon 30 days written notice
to the other party.
(b) If the City cancels a Service Order prior to the expiration of its initial term,
without cause, the City shall pay to Focal, as liquidated damages and not as a
penalty, the sum of(i) the nonrecurring charges associated with the
establishment of service as provided in the Service Order, (ii) any
disconnection, cancellation, or similar charge incurred by Focal as a result of
such cancellation, (iii) the sum of the remaining recurring chares for the initial
term of the cancelled Service Order, less a present value discount of 8% per
annum, and(iv)the costs incurred by Focal to remove and return to Focal's
facility any Focal equipment located at the City's premises.
8. Termination by Focal. Focal may terminate or suspend this Agreement and/or
any associated Service Order at any time if the City uses services provided by
Focal for any illegal or fraudulent purpose.
9. Default. This Agreement may be terminated by either party if the other party is in
default of any provisions of the Agreement, so long as the default is not corrected
within thirty (30) calendar days of the receipt of written notice of the default from
the non-defaulting party, the non-defaulting party may extend the time for cure,
which extension shall not be unreasonably withheld. For the purposes of this
Section "default" shall include any failure to abide by the terms or conditions of
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this Agreement including the City's RFP and Focal's response to the RFP. This
written notice must particularly describe the alleged default or material breach.
10. Acts of Insolvencv. Without waiving any other rights granted to the City in this
Agreement, the City may terminate this Agreement between Focal and the City by
written notice if Focal makes a general assignment for the benefit of creditors,
suffers or permits an appointment of a receiver for its business assets,becomes
subject to any proceeding under any bankruptcy or insolvency law whether
domestic or foreign,or has wound up or liquidated its business, voluntarily, or
otherwise.
11. Court Orders. The City may terminate the Agreement,including all related
agreements (e.g. maintenance agreements,etc.) in whole, or from time to time in
part, whenever Focal is prevented from proceeding with the project work by
reason of a preliminary, special, or permanent restraining order from a court of
competent jurisdiction where the issuance of such restraining order is primarily
caused by either acts or omissions of Focal.
12. Chi. The City may issue a written change order for any change in the
contract work during the performance of this Agreement. Any difference in the
monthly cost of providing the service due to a change order, shall be controlled by
the prices contained in the Service Order. In other words, any additional services
ordered and any partial cancellation of services will be charged and credited back
according to the prices contained in the Service Order. The City has the right to
cancel up to 100% of the total service with 60 days prior written notice because of
changes in the number of locations or number of lines needed during the term of
this Agreement.
13. Procedures and Protest bFocal. If Focal disagrees with anything required by a
change order, another written order, or an oral order from the City of Kent,
including any direction, instruction, interpretation, or determination by the City,
Focal shall:
(a) Immediately give a signed written notice of protest to the City.
(b) Supplement the written protest within 14 calendar days with a written statement
that provides the following information:
1) The date of Focal's protest.
2) The nature and circumstances that caused the protest.
3) The provisions in this Agreement that support the protest.
4) The estimated dollar cost, if any, of the protested work and how that
estimate was determined.
(c) An analysis of the progress schedule showing the schedule change or disruption,
if Focal is asserting a schedule change or disruption.
(d) Focal shall keep complete records of extra costs and time incurred as a result of
the protested work. The City shall have access to any of Focal's records needed
for evaluating the protest.
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(e) The City will evaluate all protests,provided the procedures in this section are
followed. If the City determines that a protest is valid, the City, upon review,
may adjust payment for work or time by an equitable adjustment. No adjustment
will be made for an invalid protest.
(f) In spite of any protest, Focal shall proceed promptly with the work as the City of
Kent has ordered.
(g) Focal accepts all requirements of a change order by: (1)endorsing it, (2) writing
a separate acceptance, or(3)not protesting in the way this section provides. A
change order that is accepted by Focal, as provided in this section, shall
constitute full payment and final settlement of all claims for contract time,and
for direct, indirect and consequential costs, including costs of delays related to
any work, either covered or affected by the change.
(h) By not protesting as this section provides, Focal also waives any additional
entitlement and accepts from the City of Kent any written or oral order
(including directions, instructions, interpretations, and determination).
(i) Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section,Focal completely waives any claims for protested
work and accepts from the City of Kent any written or oral order(including
directions, instructions, interpretations, and determination).
14. Claims. Focal shall give written notice to the City of Kent of all claims within 14
calendar days of the occurrence of the events giving rise to the claims, or within 14
days that Focal discovers such facts, provided that Focal has used due diligence in
the discovery of the facts. Any claim for damages, additional payment for any
reason, or extension of time, whether under the Agreement or otherwise, shall be
conclusively deemed to have been waived by Focal unless a timely written claim is
made in strict accordance with the applicable provisions of the Agreement; or,if
(and only if)no such provision is applicable, unless that claim is set forth in detail in
writing and received by the City within seven calendar days from the date Focal
knew,or should have known, of the facts giving rise to the claim. Any claim filed
before Focal has fully pursued and exhausted all remedies for changes, including
change orders and protests, shall also be conclusively deemed to have been waived
by Focal.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF
CLAIM WITHIN THE TIlVIE ALLOWED SHALL BE AN ABSOLUTE
WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR
EVENTS SURROUNDING THAT CLAIM, OR CAUSED BY THAT DELAY.
15. Indemnification. Focal, for itself, its employees, agents, consultants, and
contractors, shall defend, indemnify and hold the City of Kent, its officers, officials,
employees, and agents harmless from any and all third party claims,injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or
in connection with the performance of the Agreement,but only to the extent of
Focal's negligence.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT
THIS INDEMNIFICATION CONSTITUTES FOCAL'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE,TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The City's inspection or acceptance of any of Focal's work when completed shall
not be grounds to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of the
Agreement.
16. Damages And Limitation On Liability. Focal's indemnification shall apply to all
damages incurred by the City or third parties, whether direct, indirect, actual,
consequential, or incidental. However,Focal's liability for damages to the City for
any cause whatsoever, regardless of form or action, whether in contract, or tort, shall
be limited to Two Million Dollars ($2,000,000.00).
17. Royalties And Patents. Focal shall pay royalties and license fees and defend all suits
resulting from claims regarding same on all software and materials purchased
outright from Focal and installed according to the specifications of the City.
18. Insurance. Focal shall procure and maintain for the duration of the agreement
insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the
performance of the work by Focal, its agents, representatives, employees, sub-
consultants, or subcontractors. Focal shall provide a Certificate of Insurance
evidencing:
a. Automobile Liability. Automobile liability insurance (including commercial
automobile liability insurance) with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
b. Commercial General Liability. Commercial General Liability insurance
written on an occurrence basis with limits no less than $1,000,000 combined
single limit per occurrence and in the aggregate for personal injury,bodily
injury, and property damage. Coverage shall include but not be limited to:
blanket contractual; products/completed operations/broad form property
damage; explosion, and employer's liability.
c. Errors and Omissions. Errors and omissions insurance written on a claims-
made basis with limits not less than $1,000,000 per occurrence.
d. Excess Liability. Excess Liability insurance with limits not less than
$1,000,000 per occurrence and aggregate
e. Deductible. Any payment of deductible or self-insured retention shall be the
sole responsibility of Focal.
f. Endorsement. Prior to contract execution, the City,its officers,officials,
employees, agents, and volunteers shall be named as an additional insured on
the insurance policy, as respects work performed by or on behalf of Focal and
a copy of the endorsement naming the City as additional insured shall be
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attached to the Certificate of Insurance. Copies of such documents shall be
provided to the City prior to contract execution.
g. Coverage. Focal's insurance shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
h. Primary. Focal's insurance shall be primary insurance as respects the City,
and the City shall be given thirty (30)calendar days prior written notice by
certified mail, return receipt requested, of any cancellation, suspension or
material change in coverage.
i. Worker's Compensation Insurance. In compliance with RCW 51.12.020,
which requires subject employers to provide workers' compensation coverage
for all their subject workers and Employer's Liability or Stop Gap Insurance
in the amount of$500,000.
A failure to provide and maintain insurance coverage and written acceptance of
the tendered policy shall be deemed to constitute a material breach of agreement
by Focal. The City reserves the right to then award the Agreement to another
bidder. In order to protect the public interest and notwithstanding any provisions
herein to the contrary, Focal's failure to comply with any provision in this section
shall subject the Agreement to immediate termination without notice and without
recourse by any person.
19. Cif Of Kent Business License. Persons/firms doing business with the City must
have a valid City of Kent business license if they maintain a permanent location
within the City; OR maintain a permanent location outside the City having an
employee who solicits business from the City. Questions may be directed to City of
Kent,Customer Service Department, Geneva Obenchain (253) 856-5210.
20. Anti-Kickback. No officer or employee of the City of Kent, having the power or
duty to perform an official act or action related to the Agreement, shall have or
acquire any interest in the contract, or have solicited, accepted or granted a present
or future gift, favor, service or other thing of value from or to any person involved in
the contract.
21. Nondiscrimination. No individual shall be excluded from participation in, denied
the benefit of, subjected to discrimination under, or denied employment in the
administration of or in connection with the Agreement because of race,color,creed,
marital status, familial status, religion, sex, national origin, Vietnam era or disabled
veteran's status, age, or disability. Focal shall comply with all applicable federal,
state and local nondiscrimination laws,regulations and policies.
22. Equal Employment. Focal shall comply with all federal, state, and local laws,rules,
regulations, and ordinances prohibiting discrimination in employment with regard to
age, sex, race, color, creed, national origin, or the presence of any sensory,mental,
or physical disability, unless based upon a bona fide occupational qualification.
Further, Focal will comply with the City's Minority and Women Contractors Policy
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(Administrative Policy Number 1.2, attached as Appendix B) and also provide all
written statements required by that policy.
23. 911 Calls. The City acknowledges that 911,E911, and similar emergency service
numbers ("911 Calls") will not route properly if the City's services are physically
located in a rate center other than the rate center associated with the calling number
(a"Remote Rate Center"). To assure the timely delivery of emergency services if
the City is located in a Remote Rate Center,the City will bar the routing of 911 calls
through Focal's network and arrange for the proper routing of 911 calls.
24. Miscellaneous.
(a) Compliance with Laws. Both,the City of Kent and Focal shall comply with all
federal, state and local laws,rules and regulations throughout every aspect in the
performance of the Agreement.
(b) Work Performed at Focal's Risk. Focal shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and subcontractors in
the performance of the Agreement. All work shall be done at Focal's own risk,
and Focal shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work.
(c) Nonwaiver of Breach. The failure of the City to insist upon strict performance of
any of the terms and rights contained herein,or to exercise any option herein
conferred in one or more instances, shall not be construed to be a waiver or
relinquishment of those terms and rights, and they shall remain in full force and
effect.
(d) Resolution of Disputes and Governing,Law. The Agreement shall be governed
by and construed in accordance with the laws of the State of Washington. If the
parties are unable to settle any dispute, difference, or claim arising from the
parties' performance of the Agreement, the exclusive means of resolving that
dispute, difference, or claim, shall only be by filing suit exclusively under the
venue, rules, and jurisdiction of the King County Superior Court located in Kent,
King County, Washington, unless the parties agree in writing to an alternative
dispute resolution process; provided, however, nothing in this paragraph shall be
construed to limit the City's right to indemnification under Section 15.
(e) Attorney's Fees. Subject to the indemnification and limitation of Focal's liability
provisions set forth in the Agreement, if any action or suit is brought with respect
to a matter or matters covered by the Agreement, each party shall be responsible
for all its own costs and expenses incident to such proceedings, including all
costs and attorney's fees.
(f) Written Notice. All communications regarding the Agreement shall be sent to
the parties at the addresses listed on the Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, provided that failure to
accept delivery shall be deemed to be delivery. Copies of all notices to Vendor
shall be addressed to Focal Communications Corporation, 200 North LaSalle
Street, I Ith Floor, Chicago, IL 60601, ATTN: General Counsel.
(g) Assignment. Any assignment of the Agreement by Focal, other than to a
subsidiary or affiliate, without the written consent of the City, such consent not
8
to be unreasonably withheld, shall be void However, the City reserves the right
to test the service performance of the Assignee for a period of 90 days and if the
Assignee fails to meet the performance standards contained in this Agreement,
the City may immediately cancel the Agreement with no further obligation to the
Assignee except for payment of services provided up to the date of termination.
(h) Modification. No waiver, alteration, or modification of any of the provisions of
the Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Focal.
(i) Severability. If any one or more sections, sub-sections, or sentences of the
Agreement are held to be unconstitutional or invalid,that decision shall not
affect the validity of the remaining portion of the Agreement and the remainder
shall remain in full force and effect.
(j) Publicity; Use of Information. Focal agrees that it will not sell, publish, or reveal
to any third party any information about the City of Kent which it obtains during
the RFP, implementation,or maintenance periods of the Agreement. This
restriction applies to any information obtained whether it be in the public domain
or considered proprietary. In addition, Focal agrees that it will not at any time
use the City of Kent in promotional materials or as a reference without the prior
written consent of the City of Kent, such consent not to be unreasonably
withheld.
25. Survival Beyond Termination. The provisions of sections 4, 14, 15, and 22 shall
survive the expiration or termination of this Agreement for any reason.
26. Remedies. Any claim for damages incurred by either party resulting from breach
of the agreement by the other party shall survive termination. The remedies
provided herein shall not be deemed exclusive but shall be cumulative and shall
be in addition to all other remedies provided by law and equity. No delay or
omission in the exercise of any remedy herein provided or otherwise available to
Focal shall impair or affect its right to exercise the same.
27. Force Majeure. Notwithstanding anything to the contrary contained herein, in no
event shall Vendor be liable for failure to meet any deadline, or for any failure of
service, to the extent such failure was caused acts of God, acts of war, acts of civil
disobedience,natural disasters,or any other cause of such nature beyond the
reasonable care and control of Vendor, including acts or omissions of third party
telecommunications carriers. In the event of a failure in service due to an act or
omission by a third party telecommunications carrier, Focal agrees that it will use
its best efforts to manage resolution of such service failure.
28. Definitions.
Final Acceptance Final Acceptance means the date, as reasonably
determined by the City, that the services, vendor supplied
terminating equipment, and documentation have been
delivered, placed in operation, tested by the City, and
9
provided full functionality for a period of at least 15
continuous calendar days.
Notice Any notice required or permitted to be made or given
pursuant to the Agreement shall be made or given on
the date of receipt if sent to the other party by certified
mail,postage prepaid, addressed to the other party at
the address set forth in this Agreement.
Request for Proposal (RFP) Request for Proposal or RFP means the City's
published document seeking proposals for
Telecommunications Services, issued August 4, 2000.
Response to RFP Response to RFP means Focal's proposal, dated
September 18, 2000, in response to City's RFP,
together with Focal's subsequent documentation
submitted on October 11, 2000.
Updates Update(s)means corrections, enhancements, or
upgrades to Focal's products, services, and equipment
within the scope of the City's voice services.
Performance Warranty Focal will provide the industry standard of 99.99 %
availability of service throughout the life of this
Agreement. If, during the term of the Service Order,
Customer experiences a total service interruption
caused solely by Focal (meaning the total loss of all
telecommunications Services provided by Focal) for
more than two hours two or more times within any 60
day period, then Customer may be allowed to cancel the
Service Order and disconnect services with Focal
without incurring early termination costs.
FOCAL COMMUNICATIONS CITY OF KENT
CORPORATION
By Jac By:
Susan DeFlorio ate
General Manager Mayor /"
3/1-rk j 3 - 01 9- O 1
(Date) (Date)
(Date)
10
APPENDIX B
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY: Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors and suppliers of the City must guarantee equal employment
opportunity within their organization and, if holding contracts with the City amounting to $10,000,
or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the contract.
Contract Compliance Officers will be appointed by the Directors of Information Technology to
assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and supplier's subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state, and local laws, policies, and guidelines.
11
Email your Eform to West Orders';cc: "CreditApps" FOCAL
CustomerOrder
CUSTOMER AND ORDER INFORMATION
Customer NamelCitv of Kent Contact Name Jose h Lorenz
Contact Telephone Number 253-856-4611
Customer Address 220 4th Avenue South Contact email lorenz ci.kent.wa.uS
Customer Fax 253-856-4700
City State 7API Kent Washin ton 98032 Order Type Local CSG
SALESPERSON BIII BOeken00 en
OVERLAY SALES REPS Contract Length 3 yrs Other
LINE CHARGES MMM10, CALLING PLANS
Recurring (Unit Non-Recumng
QTY Price) (Unit Price)
PRI DID Local Calling Plan WA Flat
PRI MX/Vlrtual Office/Exchange Toll-free Rewards RPM. $0.0025
Colo 1Z noncolo Focal LD RPM $0.0590
Q Colo noncolo Focal Toll-free RPM $0.0700
Colo noncolo International Plan. PROMO
PRI DIOD 4 $ 680 00 500 Waived FocaLINC Local
PRI DOD FocaLINC LD
T1 DID-Inbound Only Focal-Focal LC Interstate 00390
T1 DOD-Outbound Only Focal-focal LD Intrastate $02 Intralata
T1 DIOD 2-w ay w dh C I On-Market Interstate 0.0550
Indicate Quantity of DID Channels On-Market Intrastate 00550
Analog Lines Off-Market Interstate 0.0590
T1 MX/Vvtual Office/Exchange Off-Market Intrastate
C cob C. noncolo NXS RPM
C Colo IE noncolo Calling Card RPM
Q Colo JE noncolo r No Calling Plans
BRI
Recurring (per
NUMBERS QTY number) Non-Recurring PIC CHOICES
DID Number Translation PIC Freeze Requested?
DID Numbers 5,000 $ 0.15 ,500 00 Waive, Intral-ATA Camer
Virtual Exchange (If Focal,leave blank)
Toll Free Features Intral-ATA Carrier PIC
LINE ENHANCEMENTS Recurring (Unit Non-Recumng InterLATA Carrier Focal
QTY Price) Und Pnce InterLATA Carrier PIC 5508
Outbound ANI(T1 Only)
D r No PIC Required
CENTRAL OFFICE SERVICES Recurring (Unit Non-Recumng
QTY Price) Unit Price) Directory Listing Total $ -
Colocation Cabinet
Cross-Connect
Focal Fail-Safe
Equipment SPECIAL CONSIDERATIONS
OTHER SERVICES Recurring (Unit Non-Rec
First month line charges are free
umng
QTY Price) (Unit Price)
CDR Express
Calling Cards
NXS
Conference Calling �j yes no
Consolidated Billing yes no `
SIGNATURES
Focal Communications Corporation Customer
By Susan DeFlono By �2
punt o type name here print r type name here
SIGNATURE SIGNATURE
r Signature on File r r S re on File
Title General Manager Date ��7 Title Mayor Date
Page 1,Customer Service Order
t
MV
Customer • •
(informationbe entered into Prisin Account Level Management)
Salesperson jBill Boekenoo en LCC L netta Holifield
Sales Eng Theresa Ha nie LCC Mgr Elizabeth Ross
New Customer? yes no
Desired Due Date 20-A r Switch providing service Seattle
Customer Contact Information
Customer(Company)Name IC,ty of Kent
0
Contact Name lJoseph Lorenz Title
FM
(Initiator)
Contact Tel# 253-856-4611 Pager#
Contact email lorenz ci kent wa us Fax#253-856-4700
Notification Preference telephone
Customer(Company)Street Address 1220 4th Avenue South
0
Customer(Company)City State Zip lKent,Washington 98032
After Hours(Emergency)Contact Name rise ph Lorenz Contact Tel 253-856-4611
Billing Information
Customer(Company)Name lCity of Kent
Billing Contact Name Joseph Lorenz TRIelDeputy Director IT
Billing Contact Tel# 253-856-4611 Pager#p
Billing Contact email lorenz a kent wa us Fax#253-856-4700
Billing Street Address 1220 4th Avenue South
Billing City State Zip IlKent,Washington 98032
Call Detail? Yes Q No
Tax Exempt? Q Yes No
Page 2,Customer Information
(informationCustomer Information
.
Calling Plan Information
Forward Price Level Option:
if a forward pace option is selected,ALL discounted usage will be discounted at the selected forward price level
Forward Price Level ti. .; a, g
Forward Price Tenn none
Local Calling Plans SEATTLE LOCAL FLAT RATE PLAN,{Call Detad-Paper JE Can Detad-Invoice
WA INTRALATA TOLL RATE$0 0580
IntralATA Toll Calling Plan _ IntraLATA Toll Volume Discount It
Toll-Free Rewards Toll-Free Rewards$0 00250
Long Distance Calling LD Promotional Flan$-059 C Call Detail-Paper JE Call Detail-Invoice
Focal Toll Free Focal To Free Flat Rate Plan$0 0700 Call Detail Paper Call Detail Invoice
International Call Plans 2000 International Promotional Plan Call DetaWaper JE Call Detad-Invoice
Does customer require Non-Venfiable Account Codes? C yes C no
No Account Codes
How many digits in the account code? __ Account
FocaLINC LocaVToll No FocaLINC LocaVToll Q Can Detad-Paper Can Detad-Invoice
FocaLINC LD
Focal-Focal LD Calling
Focal-Focal Interstate $0 0390 Rate Can Detaiwaper JE Can Detail-Invoice
Focal-Focal Intrastate none Can Detad-Paper Call Detail-Invoice
On-Market LD Calling
On-Market Interstate $0 0550 Rate Call Detail-Paper Call Detail-Invoice
On-Market Intrastate $0 0550 Rate �,{Call DetaiWaper E{ Call Detail-Invoice
Off-Market LD Calling
Off-Market Interstate $0 0590 Rate Call Detad-Paper E Call Detail-Invoice
Off-Market Intrastate $0 0590-Rate Can Detail-Paper E Call Detail-Invoice
NXS Usage No NXS NXS Path Charge No NXS
PIC FREEZE? C Yes ; No
Local Advantage Promotion? No Local Advantage Promotion
T1 Card Program C yes E3 no
Comments:
First month line charges are free
Page 3,Customer Information
Customer City of Kent LCCJ L netta Holifield
Salesperson Bill Boekenoo en
Circuit, Trunk • • Information
SERVICE LOCATION INFORMATION
Service Location Name lCity of Kent
Service Location Address 1220-4th Ave South �1
Floor/Room 2nd Floor Data Center Closet Provide a non-Focal NPA-NXX,253-856 -- 1
required to identify the LEC CO
City State Zip Kent Washington 98032
Building Office Contact(a k a L-CON,LOC2 in FOCUS) Chris Cou hran
Budding Access Tel No 206-988-5424 Pager No 1 206 314 9730
Extended D-Marc JE Yes []NO D-Marc Location Info xtend ILEC DMARC from 3rd floor MPOE to 2nd floor Data Center
elco closet Terminate with NIU in existing cabinet Ftt'
t
If Closed Budding,please provide contact Chris Cou hran Tel No 253-856-4656
Test/rum-up Contact Chns Cou hran
Testrfurn-up Tel No 253-856-4656 Pager No 1 206 314 9730
Secondary CFA? [:Yes JE No
TECHNICAL INFORMATION
CPE Type pgX Model Nortel Meridian option 61
Vendor lNone-Maintenance RFP u2ndinu 3 9 01 Contact
Contact Telephone# r Pager
Access Provider(s),if determined: Qwest
Focal Equipment none
TRUNK GROUP CONFIGURATION
If more than one trunk group per T1,please attach T1 Channel Assignment form
New or Exist TG# #of Circuits Type Telephone Numbers Direction Single or BTN(assigned by
TG? Multi Rate? Support Specialist)
N T1 0 S
E 1 2 0 PRI [3 M
JEN 0T1 13S
13E 0PRI N
N UT1 [$S
E �{PRI L-= M
E:N T1 r �S
C E PRI 1 DID rq M
Hunting Arrangement Signaling Pulse(select ISDN for PRI) Ed Trunk Start Signaling
(select NA for PRI)
-79
Ascending Sequential ISDN _jjNA
Page 4,Cimuk Information
Circuit,Trunk Group Information,Continued
Supervision(not required for PRI) OS1 Framing/Formatting DS1 Termination
❑E&M Type N PRI requires ESF,B8ZS RJ-48X
Options C SF/D4 DSX1
❑ Focal to Provide Secondary Dial Tone JE ESF Will use next available pin position unless
otherwise specified
n Customer Requires Nortel Profile AN C 66 Block
C B8ZS
Will use next available pin position unless
otherwise s ified
�{other Smart Jack into existing cabinet
--- —
Cross Connects
What type of Cross Connect? no cross-Connect
What carrier?
Who do we need to issue an LOA to?
INBOUND DIALING INFORMATION
Billed Number Screening DID Number Translation Details Digits to send to the CPE C 4
C Block Collect Calls Original Number New Number
C Block Third Party Calls
Q Block Both
IS Block Neither
PRI INFORMATION
D Channel E One per PRI C NFAS(Sharing)
D-Channel Backup? C Yes JE No
National ISDN Standard #2(^N12^)
(Select#2 for CNAM) - — --
OUTBOUND INFORMATION
Outbound AN[over T1 E:Yes C No ANI DID/extension number
Name to be displayed in Calling Name City of Kent(name off switch records)
IntraLATA Camer(LPIC) Focal IrltraLATA-no PIC
InterLATA Camer Focal Long Distance-5508
Standard Restrictions and Permissions
Block International Access(01) rf Block Operator(0-)
Block International Access(011) r Block Operator(0+)
r Block Local D A 411&555 r Block Operator(900/976)
Allow Casual Dialing
COMMENTS
Note there w ill be a new PBX vendor in place by install time
MPOE is on the 3rd floor in the Legal Department NO ENTRY w ithout an escort from the City Telco group per Chris ***`****"****`*****
**`*`*****This trunk group needs to overflow into the second trunk group at the second location(see circuit info page 2)
Page S,Clrcult Information
Customer City of Kent LCCJ L netta Holifield
Salesperson Bill Boekenoogen
Circuit, Trunk • • Information
SERVICE LOCATION INFORMATION
Service Location NamelCity of Kent
Service Location Address F5635 SE 272nd Rd Kent/Kan le Rd Fire Station#75
Floor/Rooml main floor telco closet Provide a non-Focal NPA-NXX,253 859
required to identify the LEG CO
City State Zip Kent WA 98042
Budding Office Contact(a k,a L-CON,LOC2 in FOCUS)JChns Cou hran
Building Access Tel No 206-988-5424 Pager No 206 314 9730
Extended D-Marc E{Yes [2 No D-Marc Location Into Extend circuit from ILEC DMARC in telco closet and drop RJ48x
adjacent to RJ21 x block,CUSTOMER will further extend fiber to FIreS1
If Closed Budding,please provide contact Chris Cou hran Tel No 253-656-4656
Testlfum-up Contact Chns Cou hran
Test/Turn-up Tel No 253-856-4656 Pager No 1206 314 9730
Secondary CFA? L;Yes E:No
TECHNICAL INFORMATION
CPE Type PBX Model Nortel Meridian Option 61
Vendor INone-Maintenance RFP ouU endin Contact
Contact Telephone# I Pager
Access Provider(s),if determined: Qwest
Focal Equipment none
TRUNK GROUP CONFIGURATION
If more than one trunk group per T1,please attach T1 Channel Assignment form
New or Exist TG# #of Circuits Type Telephone Numbers Direction Single or BTN(assigned by
TG? Multi Rate? Support Specialist)
ES
[3E 1 2 IE� DIOD 13M
�N [3T1 CS
!�Eis PRI r� DID, 13 M
N CT1 l [3S
E IS PRI DID JE M
E:N [2T1 13S
E PRI DID JE M
Hunting Arrangement Signaling Pulse(select ISDN for PRI) Trunk Start Signaling
(select NA for PRI)
Ascending Sequential ISDN NA
Page 4,Circuit Information
Circuit,Trunk Group Information,Continued
Supervision(not required for PRI) DS1 Framing/Formatting DS1 Termination
❑ E&M Type II PRI requires ESF,BBZS JE RJ-48X
Options C SF/D4 C DSX1
17
ESF
Focal to Provide Secondary Dial Tone Will use next available pin position unless
otherwise specified
n Customer Requires Nortel Profile Q AM[ C 66 Block
�9 BSZS
Will use next available pin position unless
otherwise specified
other
Cross Connects
What type of Cross Connect? no cross-connect
What carrier?
Who do we need to issue an LOA to?
INBOUND DIALING INFORMATION
Billed Number Screening DID Number Translation Details Digits to send to the CPE
Block Collect Calls Original Number New Number
C Block Third Party Calls
Block Both
JE Block Neither
PRI INFORMATION
D Channel E One per PRI NFAS(Sharing)
D-Channel Backup? C Yes [-:No
National ISDN Standard #2(-N12")
(Select#2 for CNAM) -
OUTBOUND INFORMATION
Outbound ANI over T1 13 Yes C No ANI DID station extension
Name to be displayed in Calling Name City of Kent(name off switch records)
IntraLATA Carrier(LPIC) Pocal IntralATA-no PIC
InterLATA Camer Focal Long Distance-5508
Standard Restrictions and Permissions
17 Block International Access(01) ['! Block Operator(0-)
r Block international Access(011) n Block Operator(0+)
r Block Local D A 411&555 r1 Block Operator(900/976)
[�Allow Casual Dialing
COMMENTS
Note that circuit w ill be installed at Fire Station 75,and Oty of Kent w ill extend via their fiber to Fire Station 74
International Third party clocking w ill be done via City of Kent PBX
Customer to provide electronic copy of numbers to be ported(approx 5K) *"'**'*"'**This trunk group needs to overflow to first trunk
group at the primary location(see circuit info page
Page 5,Circuit Information
Directory Listing Attachment
Focal Directory Listing Service provides one free primary listing per telephone number in ILEC directories. This includes a one-
line listing in the white pages and a one-line listing under the customer selected heading in the yellow pages. Focal will charge
the customer for additional listing,capiton listing,foreign listing and other directory listing services.
Type of listing: Win
Telephone number to be: in published directory and directory assistance
Telephone Number to be listed/deleted:
Is this a ported telephone number? `' yes C, no
If yes,Is this telephone number currently listed? JE yes C no
If yes,will the listing remain the same?* E3 yes Q no
*If listing will remain the same for a ported number,do not complete the Name and Address information below. Include a copy of the
CSR with your order. Proceed to the Listed Services Options at the bottom of this form and select applicable charges.
Company Name
Address
City State Zip
Yellow Page Heading:
Additional Listed Services Options:
QN MRC NRC TOTAL
Additional Listing 3 No Additional Service No Additional Service
Caption No Additional Service No Additional Service o
Foreign Listing No Additional Service No Additional Service
Line of Information No Additional Service 1 No Additional Service
Nonlisted Services No nonlisted service No nonlisted service
Non-Published Service No nonpublished serve No non Published servi
Omit from DA L�
Additional Listing Total: $0.00
Send invoice for additional directory listing services to:
Company Contact Name
Address
City,State,Zip 77771
COMMENTS:
Directory Listing,Pg.1
Description of • • Services
NOTE: Focal Directory Listing Service provides free primary listing in ILEC directories. This includes a one-line listing in the white pages,and
a one-line heading in the yellow pages. Additional listing or other directory listing services are chargeable to customers. Charges can be found
on Product Pilot under"Directory Listing"
Listed Options
Primary Listing
Main listed number on the account;consists of a name(and/or nickname),title,designation,an address and a telephone number
Example: Kelley Cleaners 7239 W.Salida Drive 432-8765
Additional Listing
Additional numbers or names that the customer uses to identify the business
Example: Kelley Cleaners 7239 W.Salida Drive 432-8765
Caption
Caption referes to a heading that does not contain a telephone number,under which subheading are listed with corresponding telephone
numbers
Example: A-B Communications
Pager Department 245-9876
Customer Service 245-9875
Sales 245-9874
Foreign Listing
Listing in a directory other than the directory local to the customer's community
Line of Information
Additional text under the primary listing
Example: Kelley Cleaners 7239 W.Salida Drive 432-8765
(Open 6 AM-6 PM,Monday to Saturday)
Classified Heading
Additional text under the primary listing that does not contain a telephone number
Nonlisted Service
Customer is listed in directory assistance,but not in directory listing(Not available with Bell Atlantic North in New York,NY)
Non-Published Service
Customer is listed in neither the white pages nor in directory assistance
Omit from Directory Assistance
Customer(in GTE area of Los Angeles,CA only)is listed in the white pages,but not in directory assistance
Additional Listing Details
FOR TELEPHONE NUMBER: 0
Choose type of Additional Listing. Indicate Additional Listing or Caption or Foreign Directory or Line of Information
Page 8