2011.08.22 Addend4 Amend 3.pdf

WISCONSIN DEPARTMENT OF ADMINISTRATION

DIVISION OF ENTERPRISE OPERATIONS

DOA-3051 (R 01/2011)

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

S.111.32(13M)WIS.STATS

'JUt.t 5 ZOlf

Contract No.: 15-91579-601 ---i

Contract Amendment

I Amendment No.: .

STATE BUREAU OF PROCUREMENT

101 EAST WILSON STREET, 6TH FLOOR

POST OFFICE BOX 7867

MADISON, WI 53707-7867

FAX (608) 267·0600

TTY (608) 267 ·9629

HTTP:/NENDORNET.STATE.Wl.US

Contract Title: AT&T Combined Voice Network Services for Centrex, Long PJ:'.~nce and Voice Processing

This Amendment is entered into by and between the State of Wisconsin, Department of Administration, and the Contractor whose name, address and orincioal officer annears below.

Contractor Name AT&T Global Services

Contractor Address 204 S. Akard St.

Citv: Dallas I State: TX I Zio: 75202

Princioal Officer: ·(:n \')('\\;lo .. R-cdu I 0,0~-,~_;__ The parties wish to ch8nge the terms of the above-referenced Contract In the following manner:

Addendum 4, Custom Billing and Collection Services, is modified as described in Amendment 3 Attachment.

Except as expressly changed by 1hlsAmendment, the terms, conditions, rights and obligations of Contract No.:

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

For State of Wisconsin Department of Administration GYfllfiia 6 i:Gi:ier, ecret ry rn /ke- H 14,,J,s

Signature

Date ~/~ or

By

To Be Completed by Contractor

Company Name

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Title I

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This document can be made available in alternale formats to Individuals with disabilities upon request.

DOA00003446

ATTACHMENT

To

Amendment 3 to State of Wisconsin Contract 15-91579-601 AT&T Combined Voice Network Servlces for Centrex, Long Distance and Voice Processing

Amended and Restated Addendum 4 Custom Billing and Collection Services

This Amended and Restated Addendum 4 for Custom Billing and Collection Services supersedes the previously effective version of Addendum 4 to the AT&T Combined Voice Network Services Agreement for Centrex (as defined below), Long Distance and Voice Processing ("Agreement") between The State of Wisconsin Department of Administration (hereinafter referred to as "Customer") and AT&T Global Services on behalf of its affiliates providing Services hereunder, including Wisconsin Bell, Inc. (hereinafter refen·ed to as "AT&T"). Upon the effectiveness of this Amended and Restated Addendum 4, all references to Addendum 4, both in Lhis Amended and · Restated Addendum 4 and elsewhere in the Agreement, shall be deemed to be references to this Amended and Restated Addendum 4.

WHEREAS, the. Agreement was modified by that certain Amendment 1 to Contract 15-91579-601, between Customer and AT&T, executed June 8, 2011, pursuant to which the parties agreed to extend the tenus of the Agreement for the purpose of, among other things, extending the provisions of Addendum 2, Integration Information Network ("IIN") Service ("Centrex"), to the Agreement ("Amendment 1");

WHEREAS, Amendment 1 fmiher provided that the parties would execute and deliver an Amended and Restated Addendum 4, Custom Billing and Collection Services, to the Agreement;

WHEREAS, the patties have further modified the Agreement by Amendment 2 to Contract 15-91579-601, between Customer and AT&T, executed June 30, 2011, which, in part, extends Addendum 3, Voice Processing, to the Agreement ('Amendment 2");

NOW, THEREFORE, for and in consideration of the mutual promises and covenants sel forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

Revised July 22, 2011 Page 1 of 14

Amended and Restated Addendum 4 of Amendment 1 to Contract 15-91579-601 Custom Billing and Collection Services

1. Definitions

1.1 Adjustment: Any· change made to a previously· issued End-User Bill, Purchase of Accounts Receivable Statement ("PARS") or B&C Invoice to correct or retlect any error, dispute or subsequent activity.

1.2 . Authorized User: Any entity defined as an "Authorized User" in Section 3 of Amendment 1.

1.3 Bill Date: a. With respect to an End-User Bill, a number assigned to each AT&T End-User account to designate the date AT&T renders the End-User Bill each month. b. With respect to PARS and/or B&C Invoice, the date each PARS and B&C Invoice is rendered.

1.4 Bill Message (a/le/a Informational Message and Marketing Message):

Informational text providing product or service descriptions, other product or service information or legally required communications/messages to

·Customer's End Users, displayed in Customer's pmtion of the End-User Bill.

1.5 · Bill Rendering: The preparation and rendering of an End-User Bill, which will include the Customer's Billing Data.

1.6 Billing and Collection (''B&C") Services Charges: The amount due AT&T .

for Services provided to Customer under° this Addendum 4. B&C Service Charges may also be referred to as Service Charges.

1.7 B&C Invoice: The invoice or repmt of Customer's B&C Services charges due to AT&T.

1.8 Billing Data: All of Customer's billing inforlllation, including but not limited to all charges, credits, Adjustments, Text Phrases, Bill Messages (a/k/a Informational Messages), that AT&T processes in its billing systems as provided in this Addendum 4.

1.9 Billing Entity Code: A unique Billing Entity Code is assigned to each billing entity in the AT&T bi.Hing systems to identify the entity's Billing Data and associated data and information.

1.10 Billing Telephone Number ("BTN") or Account Number: The primary billing account that is responsible for receiving and paying the AT&T End User Bill. Each Working Telephone Number ("WTN") or calling card number is linked to one BTN or primary billing account number.

Revised July 22, 2011 Page 2 of 14

Custom Billing and Collection Se1yices

1.11 Customer User: Any entity defined as a "Customer User" in Section 1.2, Definitions, of the Agreement, which expressly excludes Authorized User from the definition of Customer User.

1.12 Deniable Service(s): Any AT&T service that AT&T may suspend or disconnect when the End User fails to pay the Deniable Charges that are not in dispute. Suspension or disconnection of service means the End User no longer has access to all or a portion of se1Yices provided over the AT&T wireline network.

1.13 End User: Includes both Customer User and Authorized User.

1.14 End-User Bill or AT&T End-User Bill: Any AT&T bill rendered to the End User, including all End-User B111 media; i.e., paper {"hard copy"), EDI fonnatted b11ls delivered on CD-ROM, cassette tape, and print files delivered electronically across the Internet or on tape or other data storage media.

AT&T uses the tcmlS ·'rendered' and 'rendering' to describe the action of mailing, posting, or transmitting the AT&T End-User Bill.

1.15 Individual Case Basis ("ICB"): Any rate, charge, Service, term or condition determined based on customer-specific factors such as the Customer's specifications, AT&T's development costs, the specific processes and procedures AT&T will use or any required tracking and reporting in its provision of the Service or request.

1.16 Inquiry or Inquiries: Any communication from any End User, either written or oral, to AT&T or Customer concerning the content of AT&T End-User Bills. See 'Inquiry Service'.

1.17 Inquiry Service: The process through which AT&T will respond to End-User Inquilies concerning Customer billed amounts, including explaining Customer charges and credits, investigating Claims, and adjusting Customer charges.

1.18 Line Item: Each billed amount in an AT&T Encl·User Bill begins with a number that is referred to as the "Line Item" or "Line Item Number". The Line Item Numbers are in as·cending order. When discussing a billed amount with an End User it is identified by its Line Item Number and AT&T processes Adjustments by Line Item.

1.19 Netting: The deduction of the Customer's B&C Services charges clue AT&T from the PARS net an1ount clue Customer.

1.20 Non-Deniable Charge: Any amount owed that is not a Deniable Charge.

Revised July 22, 2011 Page 3 of 14

1.21 Payment and Remittance Processing: The receipt and application of End User payments of the amount due AT&T, which includes Customer charges and credits rendered in the End-User Bills.

1.22 Payment Date: The date payment is due for any AT&T End-User Bill or

PARS.

1.23 Purchase of Accounts Receivable ("PAR"): The purchase by AT&T of Customer's End-User accounts receivable as provided in Section 5.9 of this Addendum4.

1.24 Purchase of Accounts Receivable Statement ("PARS"): A statement of Customer's PAR for a settlement period.

1.25 Realized Net Bad Debt: Amounts lawfully billed to End Users, which after standard intervals and the application of AT&T treatment and collection procedures, AT&T determines to be impracticable for collection and writes off the delinquent payment as bad debt.

When the AT&T PARS does not have a separate line entry for recoveries, the reported Uncollectibles include recoveries processed during the same seltlement period.

1.26 Service(s): AT&T B&C Service(s) provided and/or offered to Customer under this Addendum 4.

1.27 Service Order: a. A method used by AT&T to add, change, delete, deny or disconnect a service, product or feature on an End-User account. A Service Order can generate a non"recnnirtg charge or credit that is identified by an OC&C (Other Charges and Credits) Code or USOC (Universal Service Order Code). Service Order billable amounts are stored in an AT&T accounts database until the Bill Date, when they are retrieved for inclusion in the AT&T End-User Bills. b. A form and on-line screen nsed by AT&T, or its contractors or agents, to issue an order to change the status of a service, product or feat~1re on an End-User account.

1.28 Uncollectibles: An umbrella term to describe accounts receivable written off the corporate journals a~ 'uncollectible'.

1.29 USOC (Uniform Service Order Code): A unique alpha-numeric code that AT&T assigns to one (1) service, product, or feature to differentiate it from another in its network and systems. The USOC may also identify the service, product, or feature's jurisdiction.

Revised July 22, 2011 Page 4 of 14

2. General Terms

2.1 AT&T will bill and collect certain charges to Customer Users as provided in this Section 2.1.

AT&T will bill and collect charges for Centrex and/or Voice Mail services as provided in this Addendum 4, if such services are provided to Customer by AT&T and resold by Customer to Customer Users under the Agreement. As of the Effective Date of this Amendment 3 to the Agreement, AT&T will bill and collect only Centrex and Voice Mail service charges; however, upon request from Customer (which request will be made by submitting a Change Request in accordance with Section 5.10 of this Addendum 4) Customer may request that AT&T bill and collect charges for another, additional service(s) provided to Customer by AT&T and resold by Customer to Customer Users under the Agreement. Upon such request, the parties will cooperate in good faith to amend this Addendum 4 to add any such additional service and to modify any terms or conditions of this Addendum 4 as may be necessary to bill and collect charges for any such additional service, as mutually agreed upon by the parties.· The pat1ies recognize that billing and collection of charges for ru1y such additional new service(s) may result in increases to the monthly flat-rate B&C Services Charges paid by Customer, which will be reflected in the associated amendment to this Addendum 4.

In addition to Customer's service charges, AT&T will bill and collect on Customer's behalf: (i) the contract administrati01i fee as Customer shall direct to AT&T from time to time, as described in Section 4.1.1 of Amendment 1 to the Agreement; and (ii) any applicable taxes or government-permitted fees.

2.2 With respect to Authorized Users, AT&T will bill and collect on Customer's behalf only (i) the contract administration fee as Customer shall direct to AT&T from time to time, as described in Section 4.1.1 of Amendment 1 to the Agreement; and (ii) any applicable taxes or government-permitted fees.

2.3 AT&T will identify the Customer's Billing Data, Purchase of Accounts Receivable Statement ("PARS"), B&C Invoice and any other reports of Customer's data with the Billing Entity Code "10018" and/or the companion Access Customer Name Abbreviation ("ACNA") "SWI."

2.4 AT&T will determine in its reasonable discretion the format and runount of detail to be provided in the End Users' bills.

Revised July 22, 2011 Page 5 of 14

Amended and Restated Addendum 4 of Amendment l to Contract 15-91579-601

3. Payment for B&C Services

3.1 Customer agrees to pay AT&T the monthly fiat-rate B&C Services charge in the following Table 3.1, Pricing Schedule, for up to 2,000 AT&T End-User Bills rendered per month that include Customer's Centrex, Voice Mail service Billing Data, and/or contract administration fee as well as any other service that AT&T may bill on behalf of Customer under the Agreement as provided in the preceding Section 2.1.

Additional Change in any Rate Element in any 12-month Peliod One-Tim;&;i-Up Charge to Add Billing of Voice Mail and/or Another Customer Service

3.2 If AT&T renders more than 2,000 AT&T End-User Bills per month, Customer agrees to pay AT&T a recurring rate of $6.25, per month, for each End-User Bill rendered in excess of 2,000 per month. The total number of AT&T End-User Bills rendered will be the sum of bills rendered to Customer Users and Autholized Usexs; i.e., to all End Users, under this Addendum 4.

3.3 Customer may request changes in the service and contract administration fee rates End Users pay from time to time. AT&T will change up to five (5) Centrex service rate elements, up to five (5) Voice Mail service rate elements, up to five (5) rate elements for any service added to this Addendum 4 as provided in the preceding Section 2.1 and the contract administration fee up to five (5) times at no additional charge between the Effective Date of tins Amendment 3 and June 30, 2016. A "rate element," as that term is used in this Addendum 4, is identified by a unique USOC, including any associated USOC suffix, if any is assigned. If Cnstomer requests any rate element changes dming the Term of Amendment 3, in excess of the numbers of such changes identified in this Section 3.3 of this Addendum 4, Customer will pay AT&T a non-recurring B&C Services charge for· each such additional rate element change, which AT&T will derive by multiplying the total mimbei· of AT&T End-User accounts to be billed for each additional changed rate element (as of the time of Customer's request) by $6.25. Customer will give AT&T at least ninety (90) days' advance.notice of a rate change via an e-mail.

The e-mail must inclnde, for each rate element to be changed, the service description(s), assigned USOC(s) and the amount(S) to be charged.

Revised July 22, 2011 Page 6 of 14

3.4 The processes for AT&T rendering a B&C Invoice and payment of the total B&C Services charges due to AT&T are provided in Sections 5.8 and 5.9 of this Addendum 4.

4. Billing and Collection ("B&C") Services

AT&T shall perfotm the following B&C Services on behalf of Customer at the prices set forth in Section 3, Payment for B&C Services, above. B&C Services shall be as described in this Section 4.

4.1 Customer Billing Data Generated by AT&T via USOC-Types and Service Order Processing - AT&T will generate Customer service charges within the AT&T billing system based on a Service Order, Uniform Service Otder Code ("USOC") or similar code, entered on the Customer Service Records ("CSRs") of the End Users to be billed ("USOC-Type Billing"). USOC-Type Billing provided under this Addendum 4 does not include the establishment, management or servicing of USOCs, Field Identifiers ("FIDs") or Service Orders in AT&T's ordering systems. Under this Addendum 4, AT&T will:

(a) retrieve necessary Customer Billing Data residing in AT&T's data repository; (b) calculate the applicable charges in accordance with specifications; and (c) format the Billing Data for inclusion in the AT&T End Users' Bills.

4.2 Bill Rendering Service -:- AT&T will prepare and render AT&T End-User Bills that include Customer service charges for services provided and Adjustments of Customer's previously billed amounts. Bill Rendering Service also includes, but is not limited to, (a) Payment and Remittance Processing, which consists of receiving and applying to End-User accounts sums due the Customer for Customer's services billed by AT&T, (h) treatment. and subsequent collections, which may be required from time to time, of delinquent payment, (c) collecting of deposits for End-User accounts where permitted by applicable law, tariffs, Customer agreements and/or End User agreements, and (d) management of basic Customer and Ei1d-User account data.

4.3 Inquiry Service - AT&T or its contractors or agents will accept, refer and/or resolve End-User communications and claims regarding Customer's charges and Adjustments that have been rendered in AT&T End-User Bills according to the written instructions provided by Customer. In addition, AT&T will respond to End-User Inquiries regarding Customer service charges, and AT&T will adjust Customer billed' service charges when appropriate and permitted to resolve End-User claims and disputes. Inquiry Service does not include investigation or resolution of End-User Inquiries regarding any Customer charges not billed by AT&T under this Addendum 4.

Revised July 22, 20 l l Page 7 of 14

4.4 Custom Report Service - Periodically, throughout the calendar year, AT&T will e-mail to Customer a Single Plan Option ("SPO") or similar report that summarizes the Customer billed serVice charges, and lists iii! the End Users' BTNs with their Tracking FID, billing name, and other data about the billing .

activity.

5. Billing and Collection ("B&C") Services Processes and Procedures

5.L End-User Bill Format -AT&T will display Customer's charges on a separate page in the AT&T End-User Bill under the following terms and conditions.

5.1.1. AT&T will render.an integrated End-User Bill that will contain one payment document, with one total amount due to AT&T, and, for paper bills, one return envelope.

5.1.2. Because AT&T is performing Inquiry Service on behalf of Customer, an AT&T toll-free billing Inquiry telephone number will be displayed on Customer's page of the End User Bill.

5.1.3. Total charges due Customer will be displayed with Customer's Billing Data in the End-User Bill.

5.1.4. Subject to the operational limitations of AT&T's billing systems and at AT&T's reasonable discretion, AT&T will provide a Bill Message(s) on Customer's page of the End-User Bill as agreed between the parties.

5.1.5. AT&T may change the format of AT&T End-User Bills at its discretion or as mandated by law or by order of any court or administrative agency having jurisdiction over either of the parties.

5.2. Bill Rendering -

5.2.l AT&T shall render a paper End-User Bill, which will be delivered by regular. U.S. Mail, and an electronic End-User Bill that is accessed on an AT&T Web site. The AT&T End-User Bill will also be available to the End Users as a record-formatted data file delivered on CD-ROM or transmitted electronically.

5.2.2 AT&T shall retain the Billing Data (bills, etc.) for a period of time consistent with applicable regulatory or legal requirements or as otherwise negotiated. · ·

RevisedJuly22, 2011 Page 8 of 14

5.3. Pqyment and Remittance Processing -

5.3.1 AT&T shall handle all payment arid remittance of the total amount due from all End Users for which AT&T performs B&C .Services for Customer.

5.3.2 AT&T shall apply all payments to the total balance due on an End User account. End-User designation of payment to a specific portion of the balance due shall not be pennitted except where mandated by the Public Service Commission of Wisconsin.

5.4. Late Payment of End-User Bills • Late payments from End Users shall be subject to the provisions of Section 16.528 of Wisconsin Statutes, "Interest on Late Payment''.

5.5. Treatment and Collection ~ Treatment and collection includes any action taken by AT&T, either directly or through agents or other third parties, to collect unpaid amounts, including charges for Customer's services, associated with AT&T End-User accounts. AT&T will use the same processes and procedures in treating and collecting charges for Customer's services as AT&T does on its own behalf; provided, however, AT&T may, at its sole discretion, adjust any charge from an End-User account as an Adjustment, if such charge has been disputed by the End User or if AT&T reasonably believes that the charge is likely to be Uncollectible, without regard to the Adjustment process AT&T performs on its on behalf.

5.5.1. AT&T shall perform treatment and collection on behalf of Customer in connection with End-User accounts for which AT&T provides billing.

5.5.2. "Treatment" includes, but is not limited to, preparation and mailing of account status notices to End Users, negotiating satisfactory payment an-angements, intenuption of AT&T Deniable Services for non-payment, and Treatment of unpaid Non-Deniable Charges may include an AT&T-initiated bill block (due to the unpaid charges), which means AT&T will not bill any new service chasges to the account.

5.5.3. AT&T may begin collection after AT&T has exhausted treatment effmts. "Collection" may include the referral of an End-User account with outstanding balances to third,pruty collection management companies, also known as Outside Collection Agencies ("OCAs").

Revised July 22, 201 l Page 9 of 14

5.5.4. After all Treatment and Collection activities have been exhausted, AT&T will write off from its corporate books the Uncollectible billed revenue as Realized Net Bad Debt and recourse to Customer its portion as Uncollectible through the PAR process as provided in Section 5.9 of this Addendum 4. Should AT&T, or its contractors or agents, recover any portion of I.he revenue after write off, AT&T will share such recoveries with Customer through the PAR process.

5.5.5. If AT&T recourses Realized Net Bad Debt to Customer as Uncollectible, AT&T does not relinquish to Customer the responsibility for collection from the End Use1'. Customer shall nol pursue any independent collection activities with respect to Realized Net Bad Debt after receipt of the recourse amount.

5.5.6. AT&T may, at its sole discretion, sell Uncollcctiblc End-User account balances that have been written off. Proceeds from the sale of any account balances will be distributed to Customer in the same manner, and using the same practices and procedures, as applicable to the distribution of such proceeds to AT&T and its Affiliates.

5.6. End-User Billing Inaniries Handled by AT&T - AT&T will follow standard AT&T procedures and guidelines in its performance of Inquiry Service provided to Customer, which includes, but is not limited to, the following.

5.6.1. Handling End-User billing inquiries, including explanation of Customer's billed charges;

5.6.2. Performing standard claim investigation to resolve End-User claims or refer End User to Customer;

S;6.3. Processing Adjustments when appropriate and necessary, which will result in the adjustment of the billed an10unt off the End-User account and a change· in the balance due, as provided in the following Section 5.7; and

5.6.4. Addressing End-User disputes of Customer's billed charges as provided in the following Section 5.7.3.

5.7 Adjustments of Cnstomer's Billed Amounts - As a prut of Inquiry Service, AT&T shall process post-billing Adjustments ("Adjustments") as follows.

5.7.l Upon Customer's request, AT&T shall provide Customer the criteria by which AT&T shall process Adjustments, which will be in compliance with legal and regulatory requirements. AT&T shall enter the Adjustment into the billing system according to these criteria. AT&T and Customer shall ensure that Adjustments

Revised July 22, 2011 Page LO of 14 properly reflect the entity on whose behalf the charges were originally bi11e<l.

5.7.2 If, after conducting its own investigation, Customer determines an Adjustment is not warranted, Customer shall advise the End User and instruct AT&T to process another Adjustment to correct the previous Adjustment, provided Customer's instrnctions are accompanied by proof satisfactory to AT&T that the charges were proper or authorized, and that Customer has notified the End User.

5.7.3 Disputed Billed Amounts - When End Users dispute billed Customer charges, AT&T may refer End User back to Customer with no Adjustment, unless prohibited by the Public Service Commission of Wisconsin. A dispute is when there is disagreement between the End User and Customer about a billed service charge or Adjustment.

An End-User claim becomes a dispute when the End User informs AT&T. If the End User refuses to contact Customer or upon receipt of a second Inquiry from the End User regarding the same dispute, AT&T shall immediately adjust the disputed billed amounts from the End User's Bill and recourse the Adjustment without supporting data.

5.7.4 Recourse of Adjustments to Customer - When AT&T adjusts a Customer service charge from an End-User account, regardless of who initiated and the reason for the Adjustment, it will recourse the adjusted billed revenue to Customer via the PARS as an Adjustment.

After AT&T relinquishes its collection obligation, Customer may pursue independent collection activities if it deems it lawful and appropriate to do so. AT&T renders no opinion or endorsement with respect thereto and is not responsible or liable for any such subsequent collection activities undertaken by Customer.

Customer collection activities shall not include any reference to AT&T other than a statement that Customer product or service charges were initially billed in the AT&T End-User Bill.

5.8 Processes for Rendeiing and Payment of B&C Services Charges - AT&T will issue a B&C Invoice of all the B&C Services charges due to AT&T under this Addendum 4 once a month. The B&C Services charges due to AT&T will be deducted, or netted, from the Customer's PARS designated as "04". Because the B&C Services charge will be netted, Customer will not issue payment for the B&C Services charge to AT&T based on the B&C Invoice. Customer will issue payment to AT&T when the PARS shows a net amount due AT&T, as provided in Section 5.9.6, below. See the following Section 5.9 for terms goverlling the PAR process.

Revised July 22, 2011 Page 11 of 14

Custom Bllling and Collection Services

Each B&C Invoice will include Services provided to Customer during lhe previous calendar month.

5.9 PAR Process - With respect to all Customer service charge amounts that AT&T bills End Users, AT&T will purchase Customer's accounts receivable.

The process used by AT&T to purchase Customer's accouuts receivable shall be known as Purchase of Accounts Receivable ("PAR"), which will include, but not be limited to, fully recoursable amounts, a frequency of settlement of once every AT&T Bill Period, the issuance of a Purchase of Accounts Receivable Statement ("PARS") for each settlement period, and payment of the net amount due.

5.9.l Cltstomer warrants that: (a) Customer has title to its accounts receivable, and (b) that Customer has the authority io sell, transfer, and convey all such accounts receivable to AT&T free and clear of any security interest, claim, or encumbrance. Customer is prohibited from assigning, transferring, selling, exchanging, or giving the accouuts receivable to any other entity or person, without the written couseut of AT&T.

5.9.2 The settlement of PAR consists of the process through which AT&T calculates an arnount due Customer or AT&T, deducts (or I)ets) the B&C Services charges due.to AT&T to derive the net amount due, issues a PARS to Customer, and settles with Customer on the net amount due as provided in the following Sections 5.9.5-5.9.8. The frequency of settlement shall be once per Bill Period. The B&C Services charges due to AT&T will be deducted '(or netted) only from the PARS designated as "04". The terms regarding the B&C Services charges netted from the PARS are provided in Section 3, Payment for B&C Services, of this Addendum 4 and in the preceding Section 5.8.

5.9.3 AT&T will e-mail the PARSs to Customer twice a mouth in batches of five (5). The B&C Invoice will be e-mailed with the PARS desiguated as "04".

5.9.4 Any failure or delay by AT&T in issuing the PARS will not effect AT&T's obligation to pay the net amount due by the Payment Date.

5.9.5 When the PARS net amount is due to Customer, AT&T will pay Customer by electronic funds transfer to a designated bank account .

of Customer (to be provided to AT&T by Customer), by check payable to Customer, or as mutually agreed upon by the parties, by the calculated Payment Date.

Revised July 22, 20 l I Page 12 of 14

Amended and Restated Addendum 4 of Amendment 1 to Contract 15·91579-601

For each payment to Customer for the PAR net amount:duc, AT&T must identify the PARS being paid.

5.9.6 If the PARS net amoum is due to AT&T, Customer will pay AT&T by check payable to AT&T, electronic fund~ transfer to a designated bank account of Customer (to be provided to AT&T by Customer), or a~ mutually agreed upon by the parties, by the calculated Payment Date.

5.9.7 The calculated Payment Date of each PARS will be thirty (30) calendar days after the Bill Date, unless the calculated Payment Date is a Saturday, Sunday, holiday or other day when the receiving party'.s bank or other financial institution is closed. When this is the case, AT&T will detemrine the Payment Date as follows:

A. If the Payment Date is a Sunday or a holiday that is observed on a Monday, the calculated Payment Date will be the first business day following such Sunday or Monday.

B. If the Payment Date is a Saturday or holiday that is observed on a Tuesday, Wednesday, Thursday, or Friday the calculated Payment Date will be the last business day preceding such Saturday or holiday.-

5.9.8 When the net amount is due to Customer, if any portion of the net amount due is received after the Payment Date, or if the funds are not immediately available to Customer on the Payment Date, as a result of AT&T system or processing problems, or delays in processing by an AT&T bank, AT&T will apply a late payment credit to the portion of the net amount dne not received by Customer, or not available to Customer on the Payment Date.

Revised July 22, 2011

The late payment charge will not apply if the late payment was caused by a bank error, for which AT&T can verify that neither it nor its bank was at fault. In case of such bank error, AT&T will notify the bank(s) involved and take responsibility for resolution.

5.10 Change Requests - Modifications of existing AT&T systems, pcocesses or procedures may be necessary to implement changes in B&C Services for new or revised. Customer services·. In such cases, Customer shall provide complete written specifications or definitions for the requested change to:

AT&T CBS

Attn: State of.Wisconsin Account Manager 316 W Washington Avenue Room403 Madison, WI 53703

Phone: 608-252-4697 E-mail: syl29 l@att.com

Fax: 608-252-4630

When both parties agree that the specifications accurately describe the work to be performed, Customer shall authorize the specifications in writing. AT&T shall provide a w1itten time and cost estimate of the work effort involved.

Customer shall have up to thirty (30) calendar days from the receipt of the time and cost estimate to authorize implementation. Any changes to the original request shall be subject to re-evaluation by AT&T and Customer.

AT&T shall not be obligated to grant any change request that it detennines, in its reasonable discretion, to be unlawful, impracticable, or unduly burdensome or expensive.

To implement billing and collection for another service, Customer will pay AT&T one-half (V2) of the total one-time set-up charge before AT&T begins work and the remaining one-half (V2) after AT&T completes the set-up but before AT&T begins production (or live) billing. For any other Change Request for which a non-recun'ing charge applies, AT&T will notify Customer when the charge will be due at the time AT&T provides its time and cost estimate. AT&T will bill Customer all 11011-recurring charges via the B&C Invoice.

Revised July 22, 201 l Page 14 of 14