2011.06.08 Addend2 4 6 Amend 1.pdf

WISCONSIN DEPARTMENT OF ADMINISTRATION

DIVISION OF ENTERPRISE OPERATIONS

DOA-3051 (R 01/2011)

s. 51.01(5)WIS. STATS.; AND

$. 111.32(13M) WIS. STATS

Contract No.: 15-91579-60.1 -·

Contract Amendment

I Amendment No.: I

STATE BUREAU OF PROCUREMENT

101 EAST WILSON STREET, 6m FLOOR

POST OFFICE BOX 7867

MADISON, WI 53707-7867

FAX(608) 267-0600

. TTY (608) 267-9629

HTIP:/NENDORNET.STATE.Wl.US

2 0 l 10 6 0.7- O.;t~

Contract Title: AT&T Combined Voice Network Services for Centrex, Long Distance and Voice Processing -- This Amendment is entered into by and between the State of Wisconsin, De12artment of Administration, and the Contractor, whose name, address and principal officer appears below.

Contractor Name AT&T Global Services

Contractor Address 204 S. Akard St. - Citv: Dallas I State: TX I Zip: 75202

Princloal Officer: \~'""I' 11.£i;1-.1 ~ M"" P.,-:rt_E;\\

The parties wish to change the terms of the above-referenced Contract in the following manner:

Combined Voice Network ServiCes Agreement, Addendum 2, Addendum 4 and Addendum 6 are modified as described in Amendment 1 Attachment.

Except as expressly changed by this Amendment, the terms, conditions, rights and obligations of Contract No.:

15-91579-601 shall remain in effect unchanged. In the event of any inconsistency or conflict in the Contract and this Amendment, the provision of this Amend_inent shall control.

For

. Sign#1;1i '

For

By

To Be Completed by Contractor

.Company Name p($ lJ, RMJt>oc()1f- SI Address

I ( , City State Zip

Printed Name

Signature

Date

This document can be made avallable In alternate formats to Individuals with disabilities upon request.

DOA00003373

ATTACHMENT

Amendment 1 to Contract 15-91579-601 AT&T Combined Voice Network Services for Centrex, Long Distance and Voice

Processing

1. The State of Wisconsin ("Customer") and AT&T Global Services ("Provider") mutually agree to extend the following portions of the above referenced Contract for a five (5) year period from July 1, 2011 through June 30, 2016: ··

• Combined Voice Network Services Agreement

• Addehdum 2- Integration Information Network Service o Addendum 4 - Custom Billing and Collection Service

• Addendum 6 - Standard Terms and Conditions

Contained herein are modifications, as mutually agreed to by the Customer and the Provider to the above referenced Contract.

Except as expressly changed by this Amendment, the terms, conditions, rights and obligations of Contract 15-91579-601 for "Combined Voice Network Services Agreeri1ent", Addendum 2 - Integration Infotmation Network Services, and Addendum 6

- Standard Tem1s and Conditions, sh.all remain in effect unchanged.

Notwithstanding anything to the contrary, Customer and Provider intend to and hereby agree to negotiate in good faith and execute an amendment to Addendum 4- Customer Billing and Collection Service (the "B&C Amendment") by August 26, 2011 (the "B&C Execution Date"). In furtherance of the foregoing and to ensure that the B&C Amendment.is finalized by the B&C Execution Date, each party agrees to review and provide comments to the other party within four ( 4) business days of receipt of the other party's draft of the B&C Amendment, and thepa1ties intend to thereby reach agreement on the final terms of the B&C Amendment by July 15, 2011.

2. Definitions:

1 MB means Single Rate Measure Rate Business line.

Amendment means this Amendment 1 to Contract 15-91575-601 with all attachments.

CRU means Corporate Responsible Users.

Contract Period means the five-year period, Jµly 1, 2011 through June 30, 2016.

DID means Direct Inward Dialing.

DOA means the State of Wisconsin's Depmtment of Administration.

DS-1 means Digital Signal I.

DS-3 means Digital Signal 3, EUCL means End User Common Line.

ID means Identification.

ISDN means JJ]tegrated Services Digital Network.

Local Services means individually and collectively, those services included in Table 2.4 as amended below in section l 0 of this Amendment.

NMP means Network Management Protocol.

PBX means Private Branch eXchange.

POTS meaim Plain Old Telephone Service.

USOC means Universal Services Ordering Code.

VoIP means Voice over Internet Protocol.

3. Contract 15-9 I 579-60 I, "Combined Voice Network Services Agreement", Section 1, Definitions, Subsection 1.7 shall be stricken in its entirety and replaced with the following Subsection 1.7:

1.7 Authorized User: Entities defined under Wisco11Sin Statutes (s. 16.73, Wis. Stats.)

that establish the authority allowing Wisconsin municipalities to purchase from state contracts. A "municipality" is defined as ai1y county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to awai·d public contracts (s, 16.70(8), Wis. States.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss.

66.0301(1) and (2), Wis. Stats,

4. Contract 15-91579-601, "Combined Voice Network Services Agreement", Section 4, Authorized Users, shall be restated as follows:

4. Authotized Users

4.1 Authotized User Requirements-AT&T agrees that any Authorized User, as defined above in Section 1.7, shall be eligible to subscribe to Centrex services at the prices provided under this Agreement ("Authorized User Services") subject to the following:

4. l. 1 Each Authorized User shall execute a separate agreement with AT&T. In addition to the foregoing, each Authodzed User shall be solely responsible for payment of its charges to AT&T. Notwithstandii1g the foregoing, at the direction of and on behalf of Customer, AT&T shall bill Authodzed Users a contract administration fee for subsctibing to Authorized User Services. Such contract administration fee shall be identified on invoices remitted to Authorized Users from AT&T. With respect to Authotized Users the terms of Addendum 4, Custom Billing and Collection Service, shall only apply to the billing of the contract administration fee. The Authorized User Services shall be available to Authorized Users requesting such services to the extent available in AT&T central offices providing services to Customer.

4.1.2 Each Authorized User agreement shall have a minimum tenn of five (5) years.

4.1.3 Applications for Authorized Users shall be submitted to AT&T for approval. AT&T shall make the initial determination of eligibility.

4. 1.4 An entity that may qualify as an Authmizcd User and who has existing (non-Authorized User) agreements in place with AT&T for Centrex service, and entities that currently have an Authodzed User agreement with AT&T pursuant to which the Authorized User receives Centrex services from AT&T, shall not be allowed to tenninate such existing agreements early for the purpose of entering into a new Authorized User agreement in order to purchase the Authorized User Services at the pricing under this Agreement. However, upon the expiration of the existing agreements between AT&T and such entity, such entity may subscribe to Authorized User Services hereunder at the prices set fo1th herein; provided, that any such Authorized User executes an agreement with AT&T.

4.1.5 Notwithstanding anything herein to the contrary, Authorized Users may purchase additional services from AT&T that are not subject to the tenns of this Agreement or any Authotized User agreement.

5. Contract 15-91579-601, ''Combined Voice Network Service$ Agreement", Section 5, Exclusivity, shall be stricken in entirety.

6. Contract 15-91579-601, "Combined Voice Network Services Agreement", Section 17, Tables 2.2 Centrex Pricing with Exclusivity and 2.3 Centrex Pricing Without Exclusivity shall be replaced with the following Section 17, Table 2.2 Centrex per Line per Month Tiered Pricing. Centrex per Line per Month Tiered Pricing shall be based on the average number of lines in service during each of the Amendment years. The Monthly Rate quoted in Table 2.2 below consists of the aggregate of a Centrex line charge and certain regulatory charges, including, without limitation, Federal and State Universal Service Funds and End User Common Line Charges. These regulatory charges are subject to change and may be itemized on invoices remitted to Customer for the Centrex services purchased by Customer under this Agreement. Customer acknowledges and agrees that the rates set forth in Table

2.2 below are all-inclusive and that invoices remitted to Customer may reflect a varying allocation of charges among the respective regulatory charges and the Centrex line charge.

er Month Tiered Pricin •

·,//,;~,~~~·;.?[::}::! .:,:;w~~ti1!¥,J,;l~t#,~11w•~~1~~·J1:r,t~P<i:

· LmeS:In ·se1·v~c•r. ·•.cbar e .based,, on trunl< e UIVakiJt ..

70,000 + $9.25 ·-----1 65,000 to 69,999 $9.60 60,000 to 64,999 $10.35 ____ _ 50,000 to 59,999 $11.75 40,000 to 49,999 $12.75 30,000 to 39,999 $13.75 or below $14.75

· ··. ··. ··• , · Number of · •,)ionthl;Y, :Riitll'(iijcl~~i!\g EY~J,;·::, ,_"_L_il_1es~·· _l.n_'·_s~·· .. e_t~'vl_c~~-:>--·_ch_. ilr~) based on ti:Uilic'.eqiiivlllCnf

67,500 + $9.25 62,500 to 67 ,499 $9.60 57,500 to 62,,4_9_9-+-______ $_10_.3_5 ____ __, 47,500 to 57,499 $11.75 37,500 to 47,499 $12.75 f--C_'-L'-C--~~~'---'1-----·---~~-C..-------1

17,500 or below $14.75

·. '..·•·Nirn~b~t .. M' · .. : :1Y1?~~1i1~~~tf(l*•c1y4i.~~·~P,5;~C .Lines in.servke · Hcharg!l}_!J?Sed on trunk:~!lll!valent• 65,000 + $9.25 60,000 to 64,999 $9.60

· 55,000 to 59,999 $10.35 45,000 to 54,999 $11.75

·-:-::"-=:-~-----1

35,000 to 44,999 $12.75 25,000 to 34 999 · $.13. 75 15,000 or below $14.75

.···•·.~ll~t,lief.of·•·•····' .,(!1YJ?1ifh'*•!l,~t~~hl:fll\~.~g~g~;tf()~ Lhiesin Service. 'cllar e) lfased o)r trui!,k¢ijulviile!J.f

. 62,500 + $9 .25 57,500 to 62,499 $9.60 52,500 to 57,499 $10.35

_42,500 to 52,499 $11.75 32,500 to 42,499 $12.75 22,500 to 32,499 $13.75

:'.Number of · .• '•\W9Il:tbJy Ra#'(i1i~Juptiig:El.Jer;).

Lines Jti service; ~h~rge) bas~d oii trrinl{~. Uivale!lt '• 60,000 + $9.25 55,000 to 59,999 $9.60 50,000 to 54,999 $10.35 40 000 to 49,999 $11.75 30,000 to 39,999 $12.75 20,000 to 29,999 $13.75

11ie Provider shall calculate, on a monthly basis, the total "Number of Lines in Service".

The "Number of Lines in Service" total shall include the following AT&T telecommunications products that are in use by Customer Users and Authorized Users purchased under valid State of Wisconsin contracts. :

• Centrex lines

• Mobility CRU's

• PBX tmnks

• POTS

• ISON primes (23 line equivalent)

• VoIP lines

The monthly calculated total ''Number of Lines in Service" shall be itemized by product and sent electronically by the Provider to the State's Conh·act Administrator and the State's Conh·act Manager no later than the last day of each month.

The annual "Number of Lines in Service" shall be determined based on the average "Number of Lines in Service" for the previous twelve (12) month period of July I through June 30. Throughout the Contract Period the Centrex per Line per Month Tiered Pricing level shall be calculated and adjusted on July 1 of each year based on the average "Number of Lines in Service" calculation for the previous year.

7. Contract 15-91579-601, "Combined Voice Network Services Agreement", Section 25, Subsection 25. I, Staff Support, shall be stricken in entirety and replaced with the following Subsection 25. I:

25. I Staff Support Account Coverage - AT&T shall provide full-time dedicated administrative support services to Customer through one (1) Service Manager, one (1) Account Manager, one (1) Sales Support Manager, six (6) Service Representatives and seven (7) Maintenance Personnel, in Madison, Wisconsin or a mutually agreed location (hereinafter referred to as "State of Wisconsin Staff''), These positions shall remain where they are cuD'ently located. AT&T shall, to the extent practicable, maintain the positions listed above through the Tenn of this Amendment. AT&Tshall notreduce the overall State of Wisconsin Staff levels, without prior wlitten approval of Customer, which approval shall not be unreasoiiably withheld. Customer shall approve matetial reductions in overall State of Wisconsin Staff levels, in an expeditious mannei', if AT&T can demonstrate that: (i) such reductions relate to new technologies, AT&T strategic or operational changes, realignment of resources, productivity enhancements or similar developments; and (ii) that the proposed reductions shall not, as reasonably determined by Customer using objective critelia, have a material and adverse impact on service to Customer. Notwithstanding the provisions of this Section 25, if Customer reduces by more than five percent (5%) the aggregate revenue with AT&T under this Amendment, as of date of signature, AT&T shall be entitled to reduce State of Wisconsin Staff assigned to Customer's account on a proportionate basis.

8. Contract 15-91579-601, Addendum 2, Section 15, University Residential Life Service (URLS) shall be stricken in entirety.

9. Contract 15-91579-601, Addendum 2, Section 16, Subsection 16.2.1, Subsection 16.2.1.2, Percent Orders Completed On Time, shall be stricken in entirety and replaced with the following Subsection 16.2.1.2 Service Level Agreement (SLA):

16.2. J .2 AT&T Service Level Agreement-· TI1e Customer and AT&T agree that:

16.2.1.2.1 If AT&T misses an initially committed due date, except for reasons under the control of the Customer or Force Majeure, AT&T will waive the Service Order and Line Connection charge on the affected account.

16.2.1.2.2 Customer requested expedite orders shall be excluded.

16.2.1.2.3 Orders completed on time consist of dial tone only delivered to the

Customer demarcation point.

16.2.l.2.4 Orders will be tracked on a monthly basis and a missed orderrepott will be provided to the State's Contract Administrator no later than the last day of the following month.

10. Contract 15-91579-601, Addendum 2, Section 17, Table 2.4 for Local Services Pricing shall be stricken in entirety and replaced with the following Addendum 2, Section 17, Table 2.4 Local Services Pricing table effective for the Contract Period July 1, 2011 through June 30, 2016 that incorporates an increase to twenty percent (20%) for Provider's Local Services discounts off prevailing tariffp1ices for all existing and newly ordered local service lines.

Local Services p . I l'lC ng:

:.sefv1t:e·:.'•\•, .;:;];;\~f~h'./i;-·:;,:.;:;:,_\)'.::,,' 'Gosfi>er(Moi1Jli\:i,·:< '•l6~4tna'iiifri Chill'i~>'..\:~ii'i:'..''::; : : \-,·::..:!C·' ;'.;'-

'":i'· • ... -.. •,.•."

POTS 20% off prevailing $44.00 service order charge and $20.65 tariff Prices. per line connection charge.

Analog Trunk 20% off prevailing $44.00 service order charge and $20.65 tariff prices. __ per J!ne connection charge.

DID Trnnk and CO 20% off prevailing $44.00 service order charge and $20.65 Termination tariff prices. per line connection charge. The installation cost of the initial block of20 DID numbers is $277.25. Additional trnnks are $20.65 to install and additional blocks of 20 DID numbers are $27 .00 to install.

DS-1 Transport for non- 20% off prevailing Prevailing tali ff pricing, which is !SDN services tariff prices. dependent upon length of service and distance between serving COs. -- DS-3 Transport for non- 20% off prevailing Prevailing tariff pricing, which is !SDN services tariff prices. dependent upon length of service and distance between serving COs. --- Usage cost - analog 20% off prevailing $0.00.

tariff nrices. - Usage cost - PRI 20% off prevailing $0.00.

tariff prices.

'No later than September 2, 2011 the Provider shall identify and convert all existing Local Services listed in the above table to a discount of twenty percent (20%) off prevailing tariff prices and issue credits to each Customer User commensurate with July I, 2011 Local Services Pricing.

11. Contract 15-91579-601, Addendum 2, Section 17, Table 2.6 for Centrex Featrn·e Priding, the line item titled "Caller ID with Name" shall be stricken and replaced with the following line item pricing decreasing the price to $0.25 per unit per month and reduction of the Subsequent Installation Charge to $0.00 for all existing and newly ordered lines during the Contract Period.

:~r~r~f ~~:::t'r:,;;;:, \~1~~;; t~0&·~·r .tt~~~;:lf; .:ri~·~~.~~r\~).i~ii~ ,tf~~~~tlt~~(J ~7~~~~1jw~·~ Caller ID with NMP Y Y Y $0.25 $0.00 $0.00 Name

No later than September 2, 2011 the Provider shall identify and convert cmrnnt "Caller JD with Name" Centrex feature from $1.50 per month per unit to $0.25 per unit per month. Provider shall issue credits to each affected Customer User and Authorized User commensurate with the July l, 201 I Contract Period start date.

12. The Customer and the Provider agree that the Customer may reduce its Ce11trex lines by migrating to qualifying services from one or more affiliates of Provider. Qualifying services may be limited to new or alternative technologies, Except for the services listed below, the Provider shall have the sole discretion to detennine whether a particular service, is a qualifying service or not. For every Centrex line that the Customer migrates to a qualifying service during the Contract Period; that qualifying service will contribute to the "Number of Lines in Service" in Section 6 (above) of this Amendment in the following manner:

• Centrex line = 1

• PBX trunk or POTS line = 1

• ISDN Prime= 23

• Mobility CRU = 1

• VoIP line= 1

The Customer and the Provider may during the term of this Amendment mutually agree . to add new or alternative technologies calculated in the "Number of Lines in Service" (e.g., Unified Communication feature).

13. This Amendment shall become effective as of the date of the last signature hereto ("Effective Date").

14. Except as otheiwise modified herein, all terms and conditions of the Contract remain in full force and effect.