Amendment 6 Advanced E911 Additional TCs_Redacted.pdf

20170317-6906

WISCONSIN DEPARTMENT OF ADMINISTRATION

DIVISION OF ENTERPRISE OPERATIONS

DOA-3051 (R 07/2015)

S. 51 .01(5)WIS. STATS.; AND

S. 111.32(13M) WIS. STATS • Contract Amendment

Contract No.: 505ENT-Ml l-HOSTEDVOIP-01 I Amendment No.:

Contract Title: Hosted Voice over Internet Protocol (VoIP) Services

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.

City: Dallas I State: TX

Principal Officer:

201203210055UA

STATE BUREAU OF PROCUREMENT

101 EAST WILSON STREET, 5rn FLOOR

POST OFFICE BOX 7867

MADISON, WI 53707-7867

FAX (608) 267-0600

TIY (608) 267-9629

HTIP:/NENDORNET.STA TE.WI.US

I Zip: 75202

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

Amend the current contract with additional language in section Exhibit A Integrated Pricing Schedule Additonal Terms and Conditions.

Modifications to existing service exhibits are provided for in the attached Amendment six (6) document.

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

505ENT-Ml l-HOSTEDVOIP-011 shall remain 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 For

By

To Be Completed by Contractor

AT&T CORP

Company Name

225 W RANDOLPH ST

Address

C HICAGO

Patrick J. Gleason

IL

State

&,igna!ure ::ir. customer Contracts

Title

Mar 17 2017 Date

60606

Zip

This document can be made available in alternate formats to individuals with disabilities upon request.

~at&t State of Wisconsin

(WK-: )

Please sign by 2017

For AT&T Administrative Use Only

Master Agreement No. ___ _ Pricing Schedule No. ___ _

Original Effective Date: ___ _ Effective Date of the Amendment: ___ _

AMENDMENT NO. 6 TO

STATE OF WISCONSIN CONTRACT#505ENT-M11-HOSTEDVOIP-01 (PREVIOUSLY NAMED "CONTRACT#15-91579-121") (THE "AGREEMENT")

BY AND BETWEEN STATE OF WISCONSIN, DEPARTMENT OF ADMINISTRATION ("CUSTOMER")

ANDAT&T CORP. (AT&T")

This is an Amendment 6 to the Agreement by and between the Customer and AT&T. The parties agree to modify the terms and conditions of the Pricing Schedule as specified herein. The Effective Date of this Amendment is the date on which the last party signs this Amendment.

Except as otherwise modified herein, the Agreement and the Prtcing Schedule are in all respects ratified, confirmed and approved.

The following terms are added to "AT&T Integrated Service Pricing Schedule (for Telecommunications - Hosted VoIP RFP 28008-LAA) Exhibit A AT&T Unified Communication Services:

1. TERMS AND CONDITIONS

a. The Advanced E911 Service is provided as an optional feature to the Hosted VoIP Services purchased by the State under the AT&T Integrated Pricing Schedule to the Agreement.. The Advanced E911 Service is available for use only with the Cisco Hosted Collaboration Solution from AT&T Services (formerly called AT&T Unified Communications Services). Customer understands and agrees that the Advanced E911 Service is provided at the request of and pursuant to the direction of Customer.

b. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT IT IS SOLELY CUSTOMER'S OBLIGATION AND RESPONSIBILITY TO ENSURE THAT CORRECT, ACCURATE AND CURRENT ENDPOINT DATA IS ENTERED INTO THE INTERFACE FOR EACH ENDPOINT OR THAT

ENDPOINT DATA IS PROVIDED AT THE TIME OF THE CALL.

c. Customer represents and warrants to AT&T that it, and/or Users, have all necessary rights, licenses, pennissions and/or consents to upload, copy, store, display, publish or otherwise use Endpoint Data on computers operated by or on behalf of AT&T or its suppliers and will comply with all applicable laws in its uploading, copying, storage, displaying, publishing and use of Endpoint Data on computers operated by, or on behalf of AT&T or its Suppliers.

d. Customer shall comply with all applicable laws in relation to its use of the Advanced E911 Service to provide emergency dialing services to Users.

2. TERMINATION

AT&T may immediately discontinue the Advanced E911 Service at any and all locations in response to a request from applicable regulatory or law enforcement authority or if AT&T reasonably believes such action is necessary due to applicable law or regulation. AT&T will make commercially reasonable efforts to provide Customer advanced notice of such Termination.

3. ADVISORIES, LIMITATIONS AND DISCLAIMER OF WARRANTY

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~at&t State of Wisconsin

(WK-:)

For AT&T Administrative Use Only

Master Agreement No. __ _ Please sign by 2017 Pricing Schedule No. __ _

Original Effective Date: __ _ Effective Date of the Amendment: __ _

a. In addition to any limitations or restrictions on the dialing of 911 set forth in the Pricing Schedule or Service Guide described in the Integrated Pricing Schedule to the Agreement , the Advanced E911 Service may not function correctly, or at all, in the following circumstances:

i. if Customer's equipment or network fails, is not configured correctly or does not meet the system specifications for use with the Emergency Routing Service (ERS);

ii. in the event of a network outage or extended power failure that it is outside the control of AT&T or its suppliers;

iii. if Customer or a User fails to provide and maintain current and accurate Endpoint Data as required herein;

iv. following the suspension or termination of the Advanced E911 Service in accordance with the terms and conditions herein;

v. if there is network congestion that is outside the control of AT&T or its suppliers;

vi. if the PSAP emergency dispatcher does not promptly or properly answer or route the call or if errors or omissions are made by the

PSAP or the local exchange carrier servicing the PSAP;

vii. If the emergency calls placed from Mobile Applications on CMRS enabled devices will generally be handled over the cellular network.

When cellular coverage is not available, voice over Wi-Fi calling capability (including 911 calls) generally will not be available;

viii. If used with a service other than Cisco Hosted Collaboration Solution from AT&T.

b. Customer acknowledges and agrees that AT& Twill not be liable for any ERS outage, degradation or error, or any inability to, or delay in, accessing emergency service personnel due to any of the circumstances described in Section 3(a) above or otherwise caused by the general limitations of emergency dialing and which are outside the control of AT&T or its Suppliers.

c. AT&T DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE ADVANCED E911 SERVICE OR THE SERVICES PROVIDED BY ITS THIRD PARTY EMERGENCY CALL RESPONSE CENTER AND DOWNSTREAM EMERGENCY RESPONSE AGENCIES (COLLECTIVELY "9-1-1 SERVICES"). AT&T OR ITS SUPPLIERS DOES NOT WARRANT THAT THE ADVANCED E911 SERVICES SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM. THE ADVANCED E911 SERVICE IS PROVIDED BY AT&T OR ITS SUPPLIERS ON A COMMERCIALLY REASONABLE EFFORTS BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AT&T OR ITS SUPPLIERS MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH RESPECT TO THE ERS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A CAUSE OF

DEALING OR USAGE OF TRADE.

d. CUSTOMER ACKNOWLEDGES AND AGREES THAT AT&T OR ITS SUPPLIERS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANYWAY TO THE PROVISION OF THE ADVANCED E911 SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF A USER TO ACCESS AT&T OR ITS SUPPLIERS'S EMERGENCY CALL RESPONSE CENTER OR PSAP OR THE SERVICES OF THE APPROPRIATE EMERGENCY RESPONSE AGENCIES OR THE FAILURE OF EMERGENCY RESPONSE AGENCY TO RESPOND TO AN INCIDENT REPORTED TO IT BY AT&T

OR ITS SUPPLIERS OR ITS EMERGENCY CALL RESPONSE CENTER.

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