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CCR2005132. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #132-2005 APPROVAL OF SSC COMPLETELINK AGREEMENIT WHEREAS, The attached Agreement with SSC has been reviewed by the Finance Committee and has been recommended for approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, dOE!s hereby approve the attached Agreement with SBC for CompleteLink Services. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Agreement in the name of the City. DATED THIS 28th DAY OF June ,2005. SPONSORED BY: FINANCE COMMITTE.E Ald. Bob Melcher Ald. Nancy Salentine Ald. Eileen Madden This is to certify that this is a true and accurate copy of Resolution #1 :32-2005 which was adopted by the Common Council of the City of skego. . \ Vì/' , I I, J 021. ler -Treasurer . 6/05jmb . . . (!!J"iiJ CSIII-Save ATTACHMENT A CompleteLink@ Select III Offer Minimum Annual Revenue Commitment (MARC) Customer will receive a volume discount according to the Schedule below based upon the Customer- selected MARC. Maximum Annual Discount (MAD) Maximum discount on annual basis per MARC level. MARC $ 7000 MAD $4000 Term Length 3 Yrs. Volume Discount* 24.00% Local Usage Discount** 25.00% 5 yr. Bonus NIA (one-time credit) Usage Rates: Intrastate IntraLata Toll * $ 0.0480 IL Band A * $ IL Band B * $ IL Band C * $ Interstate IntraLata Toll * $ 0.1100 * Volume discount will not apply to Intrastate IntraLATA toll, Band A, Band B, Band C or Interstate IntraLATA rates for the CompleteLink Select ill offer. ** The local usage discount applies to Michigan, Ohio and Wisconsin customers. For Ohio, omy applie:; to message rate service. The Customer signing below understands and accepts all terms all1d conditions of the SSC CompleteLink Select III Offer, and the signer warrants and represents he/she is authorized to bind Customer under this Agreement. Customer is . responsible for notifying SBC of new A TNs to be included in the agreement. CUSTOMER SHC Authorized Customer Signature SBC Authorized Signature Print Name & Title Printffype Name Date Date CITY OF MUSKEGO Company Name Company Address Company City/State/Zip This section for internal use only Contracts must be returned by salesperson to: Sales Channel Information: Sales Channel/Distributor: Other (not GBS or CBS) BCS Contract Information Management Sales Person: KA THY DUGAN 225 W. Randolph, Floor 9C Voice # - - Fax# - - ChiCagO, IL 60606 Sales Code: K483922 Promo Code: CSPS3 WB%- Revised 03/25/05 . . . ~JfiiJ ATTACHMI~NT B CompleteLink Additional A TN List The~ following infonnation must be completed for this Agreement to be valid. Only those Account Telephone Number (A TN) which are specified below are included in the CompleteLink Plan. (The A TN appears in the top, right comer of the customer's bill. The Customer Code is the 3-digit number following the I O-digit A TN).(lplease duplicate this form if more pages are required. Internal Use Only Area Prefix Line # Customer NPAfNXX Bill Date Effective Date Code Code SWAT Eligible mm/dd/yy mm/ddlyy (X) Main Billed 262 679 4100 500 X Telephone #: ATN#: 414 529 6540 432 X ATN#: ATN#: ATN#: ATN#: ATN#: ATN#: ATN#: ATN#: ATN#: ATN#: ATN#: ATN#: ATN#: ATN#: Customer Signature 1 Product discounts will be applied on each A TN bill and the amount of the Customer's total discount will be prorated to each account based upon that specific account's billing volume Discount Eligible Services. Early Tennination Liability and Under Utilization Charges will be billed to the Main Billed Telephone Number specified above. CONFIDENTIAL INF'ORMA TION This document is for use by authorized employees of the parties thereto only and is not for general distribution within or outside their companies. Page I of I Revised 3/25/05 .. KATHLEEN DUGAN CITY OF MUSKEGO W182S8200 RACINE AVENUE MUSKEGO, WI 53150- Salesperson: KATHY DUGAN Phone: sse COMPLETE LINK Quick Quote Date: 05/12/05 Contract Period: /I ;Z tf,ß, Sale type: Save - Full Line 36 Promotion: WI CompleteLink Select III Plan MARC: $7000 MAD: $4000 TVD: 24.00% WI Local Usage Discount: 25.00% IntraState IntraLata Toll Rate: InterState IntraLata Toll Rate: Contributory $: 2448 Non-IL Local $: 1146 Illinois IntraState Minutes: 0 .IntraState IntraLata Minutes: 0 :nterState IntraLata Minutes: 0 . $0.0480 $0.1100 . SSC Cómpletelink SM Confirmation of Service Order ~lfiJ This Confirmation of Service Order (the "Order" or "Agreement") between SBC(1) and the undersigned customer ("Customer") for the SBC Completelink or Completelink Select III Plan ("Completelink Plan", or the "Plan"), an optional volume discount plan, will be effective on the date of execution hereof. The Term of this Agreement will begin on the date all Account Telephone Numbers listed on Attachment B are entered into the SBC billing system ("Commencement Date") and will continue for the Term Length as identified in Attachment A (the "Term"). discounts are calculated by subtracting the discounted charges the customer actually incurred during its term of service from the charges the customer would have incurred under the longest term plan that the customer would have actually qualified for based upon the actual term of service, or month-ta-month rates if the customer would not have qualified for any term plan. Customer accepts the terms and conditions of the Completelink Plan incorporated by reference herein and on Attachment A, including the Minimum Annual Revenue Commitment ("MARC"), and aU applicable terms and conditions within the applicable SBC tariffs filed with the appropriate public utilities commission, including but not limited to Annual Under Utilization Charges and Early Termination Charges. The terms and conditions provided below are provided herein for convenience only and do not supercede or modify the tariff in any way. In the event a tariff provision, term or condition is changed in any way, the following is hereby modified at the same time to reflect that change. 4. EARLY TERMINATION CHARGE EXEMPTIONS. Early Termination charges may not apply under the following conditions. Each condition is at Customer's oplion and request: A. Satisfaction Guarantee. If Customer subscribes to the CompleteLink Plan for a term of 24, 36 or 60 months, Customer may terminate participation in the Plan within 90 days from the Commencement Date without incurring Early Termination charges. However, if Customer had terminated another SBC toll, access or usage term plan to suþscribe to this CompleteUnk Plan, the Customer is not efigible for this Satisfaction Guarantee. B. Except for contracts with a $700.00 MARC, during the Term of this Order if Customer disconnEiCts certain services whose billings are considered "contributory" under the tariff, and one or more of those services is replaced with a service identified as a replaceITlent service (the definitions and list of the contributory services and replacement serviçes are specified in the tariff), and as a direct result of that replacement the Customer's annual spending on contributory servia~s is reduced (comparing custOITler's current spending on the removed services and the anticipated customer spending on the replacement services), and that reduction results in a 50% or greater difference between CustOITler's current MARC and Ithe next lower MARC, Customer may terminate this Completelink agreement without termination liability provided: a) Customer enters into a new CompleteUnk service agreeITlent for a term pE,riod which is equal to or greater than the time remaining on this Order, and b) the MARC on the new agreeITlent is the next lower MARC to that selected under this AgreeITlenl C. During the Term of this Agreement, Customer may terminate without fiability provided: a} Customer enters into a new CompieteLink service agreeITlent for a term period which is equal to or greater than the time remaining on this Agreement, and b) the MARC on the new agreement is equal to or greater than the MARC under this Agreement The discounts will appear on the first billing statement after SBC receives an executed Order (including signed Attachments). The following terms and conditions apply to the CompieteUnk Plan. . 1. MAIN BILLED TELEPHONE NUMBER Customer must specify one of its accounts listed on Atlachment B hereto as its "Main Billed Telephone Number", and this Order is governed by the laws, tariffs, rules and regulations of the state in which the Main Billed Telephone Number is installed. The designated Main Billed Telephone Number must be one which appears on a bill currenUy rendered by SBC as the local service provider. 2. FAILURE TO MEET MINIMUM ANNUAL REVENUE COMMITMENT. Completelink customers, who fail to meet the MARC requirement, will be billed an "Under Utilization" charge equal to the difference between the CustOITler's selected MARC and the actual amount of "contributory" charges (as that term is defined in the tariff) which have been billed during the just prior annual period. 3. EARLY TERMINA nON CHARGE. If Customer terminates the Plan prior to the expiration of the Term, SBC will assess an Early Termination charge. The Early Termination charge will be calculated as follows: A 50% of the MARC multiplied by the number of years remaining in the term of the CompleteUnk Plan. (For a partial year, if the amount of relevant billings is less than Customer's MARC commitment, Customer shall pay to SBC the difference between 50% of the MARC and the actual amount of billed contributory charges.) B. If Customer's main billed telephone number specified on Atlachment B hereto is in the State of Illinois, termination charges will equal the amount of "uneamed discounts" for up to the 12 . month period immediately preceding termination. The unearned 1 SBC refers to SBC Global Services, Inc. on behalf of its telco affiliates: Illinois Ben Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, The Ohio Bell Telephone Company, Wisconsin Bell, Inc. The person signing below warrants and represents they are authorized to sign on behalf of Customer. COMPANY NAME: CITY OF MUSKEGO Authorized Customer Signature: Printed Name and Title: Date: CONFIDENTIAL INFORMA 110N This Confirmation 01 SelVÍce Order is for use by authorized employees of the parties hemto only and is not for general distribution within or outside their companies. Page 1 of 1 01/0712005