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R-1448 - 04/14/2015 - TELEPHONE - Resolutions Supporting Documents Item 7.C.4 P OAK e9 v CF �v OUN'i`t, AGENDA ITEM Regular Board of Trustees Meeting of April 14, 2015 SUBJECT: Contract Approval-Telephone Services - CallOne &First Communications FROM: Jim Fox,Information Technology Director BUDGET SOURCE/BUDGET IMPACT: Budgeted funds in the Information Services Program- Telecom Services (#151-71100). RECOMMENDED MOTION: I move that the Village Board approve telephone service agreements with CallOne and with First Communications for discounted telephone services, as further described in the agreement recommendation letter- Exhibit 91. Back ground/History:_ The Village issued a Request for Proposal on March 5, 2015 for Telephone Company Services, and three (3)proposals were received from the following companies: • First Communications (FirstComm)(for the ISDN PRI circuits and POTs lines at the Village Hall) • Patrick Cupp on behalf of Communications Unlimited and Digital Directions (agents for First Communications) (for the ISDN PRI circuits and POTS lines at the Village Hall) • Sound, Inc. (as an agent for First Communications (Globalcom) and CallOne) (for the ISDN PRI circuit, POTs and alarm lines) After evaluating the proposals with Wilson-Consulting, Village staff recommends that the Village enter into two separate agreements for telephone services covered by the Request for Proposal. The key factors that lead to this decision were: ISDN PRI: Staff recommends that the Village of Oak Brook sign a 36 month contract with FirstComm for its ISDN PRI service. This will reduce the Village's telephone service expenses by approximately$6,613/year from the current agreement with CallOne. POTs Lines: Staff recommends that the Village extend its current contract with CallOne for its POTS and Alarm/Radio circuit lines. CallOne provides a significant savings compared to procuring the same services from AT&T directly. Alarm/Radio Circuits: The only proposal received for these services was from CallOne. As is currently the case, these services are provided by AT&T and billed by CallOne. Sound, Inc. is the sales agent for this arrangement. CallOne provides a 30% discount for these services compared to procuring them directly from AT&T. Recommendation: That the Village Board approve Telephone Service Agreements with CallOne and First Communications for discounted telephone services. Exhibit#1 March 24, 2015 Mr. Jim Fox Information Technology Director Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Dear Jim, I have reviewed the proposals submitted to the Village for Local and Long Distance telephone services. A Request for Proposal was issued to procure competitive pricing for the following Village services. • ISDN PRI service including 770 DID numbers, local and long distance calling • 27 POTs lines for emergency back-up and telephone service at several remote Village sites • 5 special analog point-to-point circuits for its radio system(1) and for monitoring its water system (4). Telephone Company Services CallOne currently provides telephone company services to the Village. Sound, Inc. is the sales agent for CallOne. Proposals for the services were received from: • First Communications (FirstComm)(for the ISDN PRI circuits and POTS lines at the Village Hall) • Patrick Cupp on behalf of Communications Unlimited and Digital Directions (agents for First Communications) (for the ISDN PRI circuits and POTs lines at the Village Hall) • Sound, Inc. (as an agent for First Communications (Globalcom) and CallOne) (for the ISDN PRI circuit, POTs and alarm lines) As the proposals received from FirstComm and Patrick Cupp are identical, references to First Comm going forward apply to all three proposals received. The proposal submitted by Sound, Inc. included the all the Village's AT&T POTs and alarm lines. As is currently the case, these services are provided by AT&T and billed by CallOne. Sound, Inc. is the sales agent for this arrangement. The FirstComm proposals included replacing the 18 POTs lines at the Village Hall with a T-1 circuit. FirstComm would multiplex the 18 POTs lines onto the T-1 circuit and terminate them on a new demarcation interface. The services currently utilizing POTS lines at the Village Hall would be re-terminated onto this demarcation point. The remaining POTS lines would have to be provided by CallOne as the technology is not suitable for sites with just one or two POTs lines. Aside from renewing the existing AT&T ISDN PRI service, included as an option in Sound, Inc.'s proposal, all the proposals included replacing this service with a new ISDN PRI to reduce the cost of this service. Each company proposed to use a FirstComm ISDN PRI. This would require PBX technician (Sound, Inc.)time to conduct tests of the new circuit and to be present for the conversion from the AT&T service to the FirstComm service. Two visits would be required. The first would involve conducting a live test to verify the new circuit programming is consistent with the Village's telephone system programming. The second visit would take place when the new service replaced the existing service. Wilson Consulting estimates that the total technician time required would be from 6 to 8 hours. Sound, Inc. has stated that their rate for this work would be reduced if they are selected to provide the new ISDN PRI circuit. The prices (exclusive of taxes and other regulatory fees) submitted for these services were: ISDN PRI Service (annual cost) Current Cost First Comm Sound, Inc. $10,175 $3,562 $6,474 POTS and Alarm Lines (annual cost) Current (CallOne) CallOne (Sound, Inc.) FirstComm** POTS $ 6,979 $ 6,979 $ 5,561** Alarms* $ 9,132 $ 9,132 $ 9,132** Total $16,111 $16,111 $14,693 *(30%discount from AT&T) **use CallOne for Alarms and remote site POTS lines Recommendations ISDN PRI Wilson Consulting recommends that the Village of Oak Brook sign a 36 month contract with FirstComm for its ISDN PRI service. This will reduce the Village's telephone service expenses by approximately$6,613/year. The first year savings would be reduced by the cost of Sound, Inc. technical services cited previously. POTs Lines Wilson Consulting recommends that the Village extend its current contract with CallOne (Sound, Inc. as sales agent) for its POTS and Alarm lines. CallOne provides a significant savings compared to procuring the same services from AT&T directly. Considering the fail-safe function of the majority of POTS lines at the Village Hall, Wilson Consulting believes the reliability of the current configuration compared to the FirstComm T-I proposal outweighs the savings of their approach. Alarm Circuits The only proposal received for these services was from Sound, Inc.. As is currently the case,these services are provided by AT&T and billed by CallOne. Sound, Inc. is the sales agent for this arrangement. CallOne provides a 30%discount for these services compared to procuring them directly from AT&T. The Village is currently exploring radio and wireless alternatives to the functions provided by these circuits. Until that time, Wilson Consulting recommends that the Village extend its current contract with CallOne (Sound, Inc. as sales agent) for its Alarm lines. There is no penalty for cancelling any of these circuits prior to the contract expiration. Please feel free to contact me should you have any questions or should you require additional information. Sincerely, David Wilson WILSON CONSULTING RESOLUTION 2015-TELECOM-AG-R-1448 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AGREEMENTS FOR TELEPHONE SERVICES WHEREAS, the Village issued a request for proposal on March 5, 2015 to purchase ISDN PRI service and POTS and alarm/radio circuit lines (collectively, "Telephone Services'l for the Village ("RFP'); and WHEREAS, in the RFP, the Village reserved the right to split the award of contract for the various component parts of the Telephone Services; and WHEREAS, the Village received three proposals in response to the RFP; and WHEREAS, the Village, with the assistance of Wilson Consulting, evaluated the responsive and responsible proposals; and WHEREAS, the Village has determined that the proposal submitted by Call One, Inc. of Chicago, Illinois ("Call One'l is the most appropriate for the provision of the POTS and alarm/radio circuit lines portion of the Telephone Services; and WHEREAS, the Village and Call One desire to execute an agreement for Call One to provide the POTS and alarm/radio circuit lines portion of the Telephone Services ("Call One Agreement'), attached hereto as Exhibit A; and WHEREAS, the Village has determined that the proposal submitted by First Communications, LLC of Akron, Ohio ("FirstComm' is the most appropriate for the provision of the to provide the ISDN PRI service portion of the Telephone Services; and WHEREAS, the Village and FirstComm desire to execute an agreement for FirstComm to provide the ISDN PRI service portion of the Telephone Services ("FirstComm Agreement'), attached hereto as Exhibit B; and WHEREAS, the President and Board of Trustees have determined that entering into the Call One Agreement with Call One and the FirstComm Agreement with FirstComm will serve and be in the best interest of the Village' NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Call One Agreement. The President and Board of Trustees hereby approve the Call One Agreement by and between the Village and Call One in substantially the same form attached hereto as Exhibit A. Section 3: Approval of the FirstComm Agreement. The President and Board of Trustees hereby approve the FirstComm Agreement by and between the Village and FirstComm in substantially the same form attached hereto as Exhibit B. Resolution 2015-TELECOM-AG-R-1448 Authorizing Execution of Telephone Services Agmt. Page 2 of 4 Section 4: Authorization and Execution of the Agreements. The Village President and Village Clerk shall be, and hereby are, authorized to execute the Call One Agreement and the FirstComm Agreement after receipt of the final agreements fully executed by Call One and FirstComm, respectively. Section 5: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. APPROVED THIS 14th day of April, 2015 Gopal G. Lalmalani Village President PASSED THIS 14th day of April, 2015 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Resolution 2015-TELECOM-AG-R-1448 Authorizing Execution of Telephone Services Agmt. Page 3 of 4 EXHIBIT A � � / �m �K ��� �Wr–� �� ��� �� JR!J 77 101 A Renewal �DD�����^ "� Customer Service Agreement This Customer Service Agreement("Agreement")authorizes Call One@ Inc.,with a principal place vf business ut225 West Wacker, Floor 8'Chicago,lL 60606("Call One")to provide telecommunication services("Services")to the customer identified immediately below("Customer").The Services provided hereby are subject to the Terms and Conditions set forth in this Agreement. Cnsmroor Village of Oak Brook... Address \200 Oak Brook Road City Oak Brook OT D' ZIP 60523 Please check box|o determine term and discount [X] lYear [ ]2 Year [ ]3 Year Additional Charges:Member ofSPC.All rates and discounts are subject to the rates and discounts contained in the SPC underlying agreement.Carrier Access Fees Waived 8wmicm6AWdUKonulTernmo: Renewal Of exipbug Services.Keep Long Distance service only ooDSL line 63V'36X'5258. Billing Telephone Numbers(BTM)associated with this account: Physical Location City,State B70 uwu MIDWEST no OAK BROOK,/L 630-023'1207 rxa ENTERPRISE oR OAK BROOK,/L 630-368`5258 aouo YORK no OAK BROOK,/L 630'368-6419 ouo OAK BROOK no OAK nnw.|L 030'860-64e9 oio OAK BROOK Ro OAK BROOK,/L 630'368'6408 1400 35TH OAK BROOK,|L 630'789'6765 2710 ms,snnno OAK BROOK,|L 630-968-2650 om�anooxu 630-990-0608�cnoo�xanoVx�o . o�nomoum 1mm OAK BROOK mo .|L 050'980'0715 —� OAK ./L 800-890'1491 Print plame Ulle Print name Date Call One Inc. uu5`v Wacker Drive 8th Floor'Chicago,|LSo6o6'Telephone 312-681'8300 Fax 312-681-8301 Page 1mo Billing Telephone Numbers(BTN)(continued): 1200 OAK BROOK RD OAK BROOK,IL 630-990-3001 600 OAK BROOK RD OAK BROOK,IL 630-990-4820 2213 TOWER DR OAK BROOK,IL 630-990-5773 2011 WINDSOR DR OAK BROOK,IL 630-990-5775 1915 YORK RD OAK BROOK,IL 630-990-5778 1200 OAK BROOK RD OAK BROOK,IL 630-Z99-1202 i I i i i Customer inifials Cull One inifials lV Call One Inc. 225 W Wacker Drive 8th Floor-Chicago,IL 60606-Telephone 312-691-8300-Fax 312-681-8301 N Page 2 of 3 j Terms and Conditions 1.Term.Customer hereby orders the Local Exchange,Interexchange and miscellaneous services incident thereto as described herein(collectively,the "Services")for the term selected by Customer on Page 1 of this Agreement(the"Term"),effective as of the date the Services are installed or first provided(the"Effective Date").Upon expiration of the Term,the usage rates and monthly recurring charges applicable to a Term other than Month-to-Month will revert to Call One's prevailing month-to-month rates unless Customer has(1)entered into a successor agreement or(2)canceled the Service,in each case effective as of the expiration of the Term.Call One is not responsible for notifying customer of the expiration of any Term. 2.Rates.(a)Unless otherwise specified on Page 1 of this Agreement,Call One's prevailing month-to-month rates for lines,features,other monthly recurring charges and non-recurring charges(e.g.,installation,service establishment and/or other non-recurring charges)will apply to the Services.By executing this Agreement,Customer acknowledges that it has received notice of and is aware of the rates and other charges that apply to the Services that are not specifically identified on Page 1 of this Agreement.If there is any change to Call One's prevailing rates or charges that apply to the Services,Customer will be notified in its monthly invoice or in the applicable state tariff,effective as stated therein.If Customer has elected a Term other than Month-to-Month,the usage rates and monthly recurring charges(each expressed as a rate or as a discount off Call One's prevailing month-to-month rates)identified on Page 1 of this Agreement will apply to the Services during the Term.(b)Call One shall also bill Customer as a separate line item all applicable federal,state and other governmental fees,surcharges and taxes.(c)Call One may,at its sole discretion,increase the rates for Band C,1+long distance or inbound 800/888 toll-free Services,if and to the extent the charge from the local exchange carrier to terminate the outbound calls or to originate the inbound calls exceeds twenty-five percent of the rate for that Service,and that Service will be provided on a month-to-month term. 3.Authorization.Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and related services)and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers(BTN)and/or physical locations listed below and included in any supplement to this Agreement.This grant of agency shall remain in effect until revoked by Customer. 4.Existing Commitments.(a)If Customer has an existing term commitment contract with another service provider(a"Third Party Commitment"), Customer acknowledges that,in addition to the Terms and Conditions of this Customer Service Agreement,Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties,fees or charges by virtue of that Third Party Commitment.(b) if,as part of Call One's provision of Services,Customer terminates a Third Party Commitment(s),Customer agrees that it is solely responsible for the fees associated with such termination.Further,no discount is provided for the related services unless and until Customer has agreed to terminate the Third Party Commitment(s)as provided above or the Third Party Commitment(s)has expired and Customer has entered a new agreement directly with Call One. 5.Early Termination/Cancellation.Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/cancellation of Service(s).(a)If Customer terminates the Service in whole or in part prior to the expiration of the Term,Customer will be liable for an early termination charge equal to the Term Savings Recovery.As used herein,"Term Savings Recovery"is the total usage and monthly recurring charge discount received by the Customer calculated as follows:(A)the difference between the total usage charges billed to Customer at the discounted rates Customer received for the Term selected in this Agreement and the total usage charges that would have been billed to Customer at the Call One tariff month-to-month usage rates in effect as of the Effective Date;and(B)the difference between the discounted monthly recurring charges Customer received for the Term selected in this Agreement and the Call One tariff non-discounted monthly recurring charges in effect as of the Effective Date times the number of months Service was provided.in addition,Customer shall also be liable for any Installation and/or other non-recurring charges that were waived.(b)If Call One terminates Service(s)in whole or In part due to Customer's non-payment or default,customer will be deemed to terminate the Service(s)and liable for all early termination charges.(c)If Customer cancels Service before the Service is established,Customer shall be liable to Call One for all reasonable expenses incurred by Call One to process the order for Service. 6.Inside Wiring.The applicable rates for inside wiring provided directly by Call One to Customer are specified on the technician-charges page of the Call One website at www.Gallone.com.inside wiring provided by a third party vendor will be billed at their applicable rates and charges.In addition,any installation charges identified on Page 1 of this Agreement applies to the initial Service installation and does not include inside materials and wiring. 7.Liability.The entire liability of Call One,if any,for damages to Customer or to any third party whether in negligence,tort,contract or otherwise,which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof.The foregoing limitation of liability includes any mistakes,omissions,interruptions, delays,errors or defects in transmission occurring in the course of installing and/or furnishing the Service. 8.Applicability of Tariffs.This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then-applicable state tariff,which tariff is incorporated by reference.State tariffs are available through the regulatory page of the Call One web site currently at www.callone.com.Customer acknowledges all services purchased pursuant to this agreement are for business purposes. i 9.Assignment.Customer may not assign this Agreement(by operation of law or otherwise)without the prior written consent of Call One,which consent will not be unreasonably withheld or delayed.Any prohibited assignment shall be void ab!nit!o. 10.Entire Agreement.Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents.The terms contained in this Agreement and any documents attached and referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof. i 11.Jurisdiction f Collection Costs.Any action or proceeding arising out of or related to this Agreement,the Tariffs or Services may be commenced in any state or Federal court of competent jurisdiction in the State of Illinois.The Parties submit and expressly consent to the jurisdiction of such court and expressly waive any right to a trial by jury.Call One shall be entitled to recover from Customer all reasonable collection costs,including attorneys fees. Customer initials Call One initials N Call One Inc. -P 225 W Wacker Drive 8th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 N Page 3 of 3 Resolution 2015-TELECOM-AG-R-1448 Authorizing Execution of Telephone Services Agmt. Page 4 of 4 EXHIBIT B First Communications,LLC 3340 W Market St,Akron,OH 44333 Service Order Form phone(312)895.8818 fAt�flfl lOV13° service(800)589-1531 www.f€rstoomm.com First Connect Customer Information I Company Name Tax ID Term 0 Village of Oak Brook O 1 Year O 2 Year O 3 Year K Installation Address T City State Zip 4 1200 Oak Brook RD Oak Brook IL 60523 ` Installation Contact Contact Email Contact Phone Circuit Information QTY Circuit Type` VPN Service' FlrstConnect ISDN PRE Both circuit types include unlimited total calling. El Data VPN •Operational ICB 0 FlrstConnect Local T1(Analog) Any additional feature options must be checked below. Needed ❑Voice VPN LD Usage Rate: Voice Mail QTY ; FlrstConnect ISDN PRI FlrstConnect Local Ti Analog Tot!Free Number Quantity: 0 Ouaniity of Blocks of 20 DIDs: 0 0.24 unlimited local voice fines 23 Number of Lines on Local T1 LD Minute Bundles All minutes are to anywhere in the continental FirstConnect ISDN PRI Optional Features ❑Anony.Call Reject ❑Auto Callback United States ❑Add€Acct Codes{per ❑1,500 LD Minutes ❑10,000 LD Minutes ❑Acct Codes(100 Block) 100) El Call Blocking El Forward Busy ❑100,000 LD Minutes❑150,000 LD Minutes me El DID Out pulse El Call Forward NA ❑Call Forward Var Caller ID wlNa p ❑20,000 LD Minutes ❑200,000 LD Minutes Failsafe C-1 Multi-Exchange ❑Cali Hold El CallPark ❑5,000 LD Minutes ❑50,009 LD Minutes j El Multi-Exchange Add'1 TN ❑Call Wait w/Caller •LD Overage Rate:$0 El Transfer ED •One LD bundle can be purchased per order DIA QTY ! El Call Waiting El Caller ID Bik pr call T-1(1.5 Mb) 0 ❑Caller ID Name ❑Caller ID Nbr Two Bonded T-1 3.0 Mb 0 Three Bonded T-1 4.5 Mb 0 ❑Hunting ❑Non-Listed Nmb ` 't Four Bonded T-1 6.0 Mb 0 D83 ❑Non-Publish Nmb ❑RACF ❑Repeat Dialing ❑Select Call Reject i i ❑Speed Dialing ❑Three-Way Call J l Product Details(exclusive of taxes,surcharges and regulatory fees) product Qty MR Q NRC . ....... - ti: ... Pe€Ural Per.Ur�t First Connect T1 v3-P R 1 1 $195 $0 FC T1 20 D I D Blk up to 2 39 $0 $0 i Expedite Fee 1 $0 $500 EUCL 1 $26.95 $0 Carrier Line Charge 1 $21.25 $0 Federal ARA 1 $15 $0 FC T1v2 Add[Line f Chan 23 $0 $0 I i Total MRC Total NRC $500`.' Zone:Zone 2 i Quote ID:333059 1 Customer Initials: l a i FIRST COMMUNICATIONS,LLC j TERMS AND CONDITIONS OF SERVICE By executing this Agreement,Customer is ordering the Services set forth herein and on related documentation.Customer agrees to pay for all Services ordered or otherwise used,Including taxes,surcharges and fees charged by First Communications,LLC("Company"),'Including,but not limited to,applicable federal,state,local use,excise, sales,or privilege taxes,duties or simAar liatslitles,as Author setforth in the First Communications,LLC Terms and Conditions(the"T&Cs").Customer agrees to the T&Cs and all items incorporated therein including those in the applicable tariff and rate guide which can be found on www.firstearnm.com.Customer also authorizes Company to obtain any credit information and/or any customer proprietary network information necessary to provision Services and to establish Customer's account,and hereby authorizes the release of such information by any and all third parties to Company.Customer understands that number assignments are not guaranteed and cannot be relied on before Service is activated.Customer has provided Company with a valid Letter of Agency for all applicable services ordered.The undersigned represents that he/she is authorized to enter into this Agreement on behalf of Customer.Any changes In the products;ordered(adding/deleting lines,increasing bandwidth,etc)will alter the pdces quoted above and can change within ten percent of the value signed for by the customer.Customer is responsible for the Identification and payment of any termination fees to any 3rd party that may apply when switching to Company services The tern for Service that requires Installation of a circuitwiil begin the date that the service is made available to you.However,for a circuit with integrated or dynamic services, billing will begin once at least either the data or voice portion of the service is available.Furthermore,Parties agree that all services ordered will be completed no later than forty- two(45)days from the circuit delivery date,If all services are not complete by day forty-six(46),all service work will be disconnected,the Agreement terminated,and you will be charged Early Termination Fee along with any Charges`Company Incurred on your behalf to fulfill your order. i All services are individually eonlracted under this agreement.Cancellation of services prior to the end of the contract may result in Cancellation Charges or Early Termination 1 Fees for lthat service. Order Cancellation Cancellation by the customer after the signature date and before the service available date will result in an Order Cancellation Fee to be paid by the customer as described in T&Cs,tariffs)and price gulde(s),according to state mw, Termination Company may terminate this Agreement arid the Services for Customer's non-payment In accordance with its rights under its general T&Cs and its tariffs and rate guides. Upon termination of this Agreement by Company for non-payment the Customer shall be liable for the payment of all Services provided through the date of termination,plus any applicable Terminallon Fees.Company may terminate this Agreement without liability if Company determines that it is no longer able to offer a product or service or the product or service is no longer offered in a Company tariff and rate guide,in which case the Customer will not be liable for any Termination Fees.If Customer terminates the agreement prior to the expiration of its initial term or renewal term,or if Company terminates the agreement due to non-payment,Customer will owe Company the following Termination Fees:the average of the previous 3 months usage plus any monthly recurring charges,multiplied by the number of months remaining in the term of the contract as well as any waived NRC fees.For Ohio end users:inclusion of early termination fiability;by the company in its tariff or contract does not constitute a determination by the Public Utilities Commission of Ohio(PUCO)that the termination liability imposed by the company is approved or sanctioned by the PUCO.Customers shall be free to pursue whatever legal remedies they mayhave,should dispute arise. At least eighty percent(80%)of(he Customer's monthly domestic United States minutes shall originate and/or terminate in a Regional Bell Operating Company CRBOC j territory.Company shag have the right to apply a one-half cant($0.005)per minute surcharge on all non-RBOC originated and or terminated traffic where such non-RBOG terminated traffic exceeds twenty percent(20%)of Customer's total monthly service for domestic United States Traffic, BY PLACING CUSTOMER'S SIGNATURE IN THE SPACE PROVIDED,CUSTOMER HEREBYACKNOWLEDGS ITS REVIEW AND RECEIPT OF THE T&Cs AND HEREBY ACKNOWLEDGES ITS AGREEMENT TO BE BOUND BY SAID TERMS,INCLUDING ALL TERMS INCORPORATED THEREIN BY REFERENCE;INCLUDING,BUT NOT LIMITED TO,ALL APPLICABLE TARIFFS AND RATE GUIDES AND ALL TERMS SET FORTH AT W W W.FIRSTCOMM.COM WHICH MAY BE AMENDED FROM TIME TO TIME Customer Printed Name Title Signature Date Fist Communfcatlons Printed Name Title Signature Data Quote ID:333059 2 i mmrarrt�trons As a First Communications customer, you are eligible to sign up for our Paperless Billing option. By signing below, you are agreeing to no longer receive a Paper Invoice. ❑ Yesl 1 want to save$10 a month by receiving a Paperless Invoice ❑ No, I would like to receive a Paper Invoice. Billing Contact Email Address Customer Signature Date i How it works: An email will be sent to your billing email address with a Temporary Username and Password You can now log on to http://customers.firstcomm.com to view your invoice, payment information, call detail and more When your invoice is ready for viewing, you will receive an email notification. Make payments even simpler by signing up for First Communications Automatic Payment Feature i i Quote ID:333059 3 I Letter of Authorization Customer Information Customer Name. Village of Oak Brook State IL Address 1200 Oak Brook RD Zip Code. 60523 Cdy Oak Brook Phone Section 1:Authorization:By signing below t am authorizing First Communications,LLC to become my provider for the telephone numbers indicated and the services checked below: Coverage ❑Local Dial Tone ❑Local Toll ❑Long Distance ❑International Telephone.Number::: ,PHONE NUMBE.R.OR I)P RANGE i t i I 1 i t i I { I authorize First Communlcations to act as my agent to make this change occur.f also understand that First Communications may have different calling areas,rates and charges than my current provider,and that by signing below I indicate that I understand those differences(if any)and am willing to be billed accordingly.I certify that I have read and understand this Letter of Authorization.t further certify that I am at least eighteen(113)years of age and am authorized to change the service provider for the telephone numbers listed.I understand that I may select only one InterLata(long distance)/International long distance and only one Intrat_ata(local toll)carrier for each telephone number.I also authorize First Communications to access my customer proprietary network information(Customer Service Record)to facilitate this transaction. Signature Date Printed Name Quote ID:333059 4 I I i j FirstConnect T1 Service mtstm ons- Service Level Agreement This Service Level Agreement(SLA")Is subject to the terms and conditions of the applicable service agreement between First Communications and Customer regarding FirstConnect T1 Services,including Company's applicable website terms and conditions. 1. Network and Port Components.This SLA applies solely to First Convnunications FirstConnect Service("Service")and the underlying network components of the First Communications TDM Network('TDM Network")used solely for the purpose of providing the Service,and does not modify or affect any other SLAB provided by Company(if any)for teteconvmnications or information services purchased by Customer pursuant to other service exhibits or agreements.The TDM Network includes fiber, transport and switching equipment and any other facilities that are owned by Company or other providers specifically selected by Company.As defined in this SLA,a Point of Presence("POP")means a First Communications POP location that represents the provider edge of the TOM Network. 2. Network Goals.The following service level goals("Goals")apply to FirslConnect T1 Service TOM Service purchased from Company. Network Availability Total amount of Service"downtime"(in minutes)from all trouble tickets relative to Network Outage Time(per individual service)rounded up to the nearest hour. Example:Total Network Outage time of 20 minutes=1 hour Time to Firm Order Commitment(FOC) Total count of busi=ness days,beginning at Day One from Provisioning Order Acceptance and Assignment notification to the day First Communication provides the initial Firm Order Commitment(FOG)notification for installation of new circuit local access connectivity.Credit is issued an a one time basis per Service Order for new circuit Installations only. Mean Time to Repair(MTTR) Sum of all trouble tickets service restoration intervals relative to the Network Outage€n the endar month Total number of trouble tickets relative to Network Outage in the calendar month cal gtnponents Loaf s Service a;redlis'* r 1 day credit=1/30 of the monthly fees for the applicable location(s)per each hour of "Network Availability First Connect:99.9%availability downtime(e.g.,downtime between 1 to 60 minutes=1 day credit eligible)In a given billing period. "'Time to FOC 10 business days 1 day credit=1130 of the monthly fee(s)for the applicable service(s)for each day that exceeds the initial 10 days ""Mean Time to 1 day credit=1130 of the monthly fee(s)for the applicable affected service(s)for each Re air MTTR 4 hours(monthly average) hour that exceeds the initial 4 hour MTTR in a given calendar month. i *NOTE:Company Components Included in Network Availability:[a]First Communications dedicated facilities used to provide connectivity between the customer's location,or First Communications provided access to the First Communications POP,and[b]First Communications provided CPE(Channel Bank,Router,CSU/DSU)if any. **NOTE:See Section 4 requirements and exceptions. ***NOTE:Day One equals the Provisioning Order Acceptance Date+1 business day for assignment(Ex:Provisioning Order Acceptance Notice is sent on Monday at 3:00pm.Day One is Tuesday).Time to FOG objective excludes orders that require Special Access,involve facility and/or special construction or changes to existing circuits which do not include installation of a new circuit.The Firm Order Commitment(FOC)represents the date the ILEC estimates local access will be installed which does not equate to service activation_This SLA does not guarantee the initial FOC date will be met by the ILEC. ****NOTE:MTTR is calculated less access time.Access Time is(a)the time it takes for Customer to respond to Company's repair questions related directly to current open trouble ticket(s)or(b)the time a Company on-site repair technician waits to gain access to the Customer premises. i Quote ID:333059 5 Customer Initials: i FirstConnect T1 Service Flo Service Level Agreement 3. Maintenance. 3.1 Network Normal MaintenanCO.Network Normal Maintanance"means scheduled maintenance,including but not limited to upgrades of hardware or software or upgrades to Increase capacity.Normal Maintenance may temporarily degrade the quality of the Service,including possible Network Downtime.Such effects related to Network Normal Maintenance will not entitle Customer to service credits."Local Time"means the local time in the time zone in which an Affected Service is located.Company may change the maintenance window times upon posting to the website or other notice to Customer. 3.2 Network Urgent Maintenance."Urgent Maintenance"means efforts to correct network conditions that are likely to cause a material Service outage and that require immediate action.Urgent Maintenance may degrade the quality of the Service,including possible Network Downtime.Such effects related to Urgent Maintenance will entitle Customer to service credits only as set forth in this SLA.Company may undertake Urgent Maintenance at any time deemed necessary and will provide notice of Urgent Maintenance to Customer as soon as is commercially practicable under the circumstances. 4. General. 4.1 RemedieS.To be eligible for service credits under this SLA,Customer must be in good standing with Company and current in its obligations.To receive service credits,Customer must contact the Customer Care and submit the relevant trouble ticket Information within five business days following the end of the month in which the relevant Goal was not met.Company will determine the credits provided to Customer in accordance with the requirements of this SLA.A credit will be applied only to the month in which the event giving rise to the credit occurred.The credits will apply to the MRCs of the Affected Service after application of all discounts and do not apply to MRCS of other services.The maximum service credits issued in any one calendar month will not exceed:seven days charges pro-rated from the MRC of the Affected Service. "Affected Service"means the Service that fails to meet the applicable Goal,in no event will the total credit,in the aggregate for all credits issued in one month,exceed the equivalent of 500/6 of the relevant MRCs for the Affected Service.Cumulative credits in any one month must exceed$25.00 to be processed.If Customer fails to notify I Company in the manner set forth above with respect to the applicable SLA credits,Customer will have waived its right to such SLA credits for that month.CUSTOMER'S RIGHT TO RECEIVE SUCH CREDITS SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND COMPANY'S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF A PERFORMANCE FAILURE,EVEN IF SUCH REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. 4.2 Service Credit Exceptions.Network Outage Time Is measured from the time a Trouble Ticket is opened with Customer Care,at the toll free number 1-888- 426-6340,as a result of your inability to send and receive phone calls,and ends when phone calls are able to be sent and received at the demarcation point.Service credits will not be issued where the SLA is not met as a result of. (a) The acts or omissions of Customer,its affiliates or their respective employees,contractors,agents or end users; (b) The failure or malfunction of equipment,applications or systems not owned or controlled by Company; (c) A Force Majeure Event,as defined in Customer's service agreement; (d) Network Normal Maintenance,alternation or implementation; (e) The unavailability of required Customer personnel,including as a result of failure to provide Company with accurate,current contact Information;or (f) Company lack of access to the Customer premises where reasonably required to restore the Service. 4.3 Company reserves the right to review and deny any credits under this section claimed by Customer,if,in Company's reasonable judgment,the claim does not meet I I the criteria established above for such claim. j i I i Quote ID:333059 6 Customer Initials: I