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HomeMy WebLinkAboutCity of Tamarac Resolution R-90-032Temp. R.eso. #5683 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-90- -3,2, A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH AT&T COMMUNICATIONS, INC., WHEREBY THE CITY WOULD RECEIVE REVENUES IN AN AMOUNT UP TO 20% OF ALL COMPLETED LONG DISTANCE CALLS ON THE PUBLIC TELEPHONES ON CITY PROPERTY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with AT&T Communications, Inc., whereby the City would receive revenues in an amount up to 20% of all completed long distance calls on the public telephones on City property, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED.AND APPROVED this � day of0/1 1990. ATTEST: ' CARQ'L, A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. AI;7kN INTE ITY ATTORNEY NORMAN A RAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ASRAMOWITZ _ _ � » tuL%•I:li�/ 4� -to^ , 3 tli I This Agreement is entered into between AT&T Communications, Inc., acting on behalf of the Interstate Division of the American Telephone and Telegraph Company and the AT&T Communications inter xchange companies (hereinafter "AM") and 0 City of Tamarac ► �, WHEREAS Agent is responsible for the placement of public telephones on the premises listed in Attachment A hereto and has arranged for the placement on such premises of public telephones owned and operated by a local exchange company ("LEC"), the parties agree as follows: 1. Agent represents and warrants that it is authorized to make decisions concerning public telephone service at the locations listed in Attachment A, including the right to select the primary interexchange carrier ("PIC") for operator assisted ("0 + ") interLATA calls placed from those locations. 2. Agent hereby selects AT&T as the "0+" PIC for the LEC public telephones at the locations listed in Attachment A, and it appoints AT&T as its Agent for the purpose of submitting Agent's selection of AT&T as its PIC for such telephones. Agent also agrees that it will promptly sign and return any ballot received from a LEC in connection with "equal access" for that LEC's public telephones and to name AT&T as Agent's "0 + " PIC on the ballot. Nothing in this Agreement requires Agent to route " 1 + " interLATA calls to AT&T from the telephones covered by this Agreement. 3• Agent must inform AT&T of the telephone line numbers for each of the LEC public telephones at the locations listed in Attachment A ("locations") and all changes or additions to those numbers. Agent may direct the appropriate LEC to provide AT&T with such information, but AT&T is not obligated to pay the commissions described in paragraph 5 below unless and until it has been provided with correct line numbers for the LEC public telephones. 4. Agent will use its best efforts to retain the placement of the LEC public telephones at the locations listed in Attachment A during the term of this Agreement. If the number of LEC public telephones covered by this Agreement decreases substantially, AT&T has the right to terminate this Agreement. 5. AT&T agrees to pay Agent a commission as described in Attachment B on the billed rev ues for non -sent paid i.e., collect, credit card and billed to third number) AT&T calls placed from the LE public telephones at the locations listed in Attachment A, provided that: a. Agent complies with all of the requirements in paragraphs 1-4 above. b. Agent will indemnify and hold AT&T harmless against any claim by any third party for commissions relating to the LEC public telephones covered by this Agreement. c. Agent will provide AT&T or its designee with reasonable access to Agent's records relating to this Agreement. 6. This Agreement will begin upon the signing of this Agreement by both parties and will be in effect for the period described in Attachment B. AT&T's obligation to pay commissions pursuant to paragraph 5 above will begin on the date that any LEC first implements Agent's selection of AT&T as Agent's "0 + " PIC from that LEC's covered telephones. AT&T may terminate this Agreement with respect to any or all of the locations listed in Attachment A by sending written notice to Agent if the Federal Communications Commission, a State Public Utilities Commission or a court of competent jurisdiction issues an order or ruling which contains terms or conditions that materially and adversely affect this Agreement, its isprofitability to AT&T, or the ability of AT&T or Agent to perform its obligations as set forth herein. In (over please) 1� -50- V addition, if applicable rules and regulations change, so that Agent Is not permitted to select the interexchange carrier for all "0 +" dialed interLATA calls from the covered telephones, Agent's duty to ' route all such calls to AT&T will end, and AT&T may terminate this Agreement by sending written notice to Agent. Terrnination of this Agreement under this paragraph will not give Agent any right to seek damages from AT&T as long as AT&T complies with its obligations to Agent up to the date of termination. 7. Except in cases involving willful or wanton conduct, AT&T's liability to Agent is limited to its obligations to pay commissions as described above. AT&T SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT AT&T HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE), BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. S. Any technical or business information or data disclosed or furnished to Agent by AT&T or by PTI on behalf of AT&T ("information"), including all information relating to AT&T calls, remains the property of AT&T. When in tangible form, this information must be returned upon request. All such information must be kept confidential by Agent and used only in Agent's performance under this Agreement, unless the information was previously known to Agent without any obligation of confidentiality or is made public by AT&T. 9. This Agreement and any attachments hereto constitute the entire understanding between the parties. They supersede all prior understandings, oral or written representations, statements, negotiations, proposals and undertakings with respect to the subject matter hereof. All amendments to this Agreement must be in writing, must refer specifically to this Agreement and must be signed by authorized representatives of the parties. AT&T Communications, Inc By: (Authorized Signature) Date Printrlype name: Title: OW.PTI '-b] Q Printrrype name: City of Tamarac Title: City Manager 7525 NW 88 Ave. Tamarac FL 33321 Company address Tamarac FL 33321 City Sere Zip Code (305) 722-5900 ,d] Company srlephone number 59-75-0022K Federal Tax ID (To issue commission checks) LJ C� ATST 1 "ensure you receive luu commission, it 1=phone rtant mat YOU write down each of your telephone company numbers. (Canpieu me Adadunew A form for each business a0h as. ]Fw nay hour w co" this form be an fiuieg fl our #jy hour MwVk lacmiowj ® CITY OF TAMARAC O'MM BELL [1difMNY NAME ♦VOCALTEd EPHONE COMPANY 7525 N.W. 88th AVENUE NEWACCOUNT COMPANY ADDRESS TAMARAC FLORIDA 33321 ADDMONAL LINES) 43W STATE zlp OODE MUNICIPALITY DjSCONNECT DES) TYPE OF COMPANY CAROL A. EVANS, CITY CLERK 4M THORPM CXWM%LT PERSON O L&W 7dq&m Compam 0 Set Type: 0 LaW Wepbow Company O So Type: Pubik Phone Number Coin or Coiakss Publk Pbooe Number Coin or CoWess 305_ 721_ 9732 COIN '305'- 721` 9831 305_ 721_ 9919 305 721 9742 305- 721- 9837 BY. © O SIGNATURE � COIN COIN COIN COIN irOR PRINT NAME i1MTE 305 - 722 ` 5900 !HONE NtMBER DURING BUSERM HOURS a,?,2-ft ACCEPTED BY: AT&T At rrHORlZED SIGNATURE TYPE OR PRINT NAME DATE um AUT -7v - Iment A: tocal TelephoneCompany 1Phonest' { lb ensure you receive your full commission, it is important that you write down each of your lord telephone company public phone numbers. . fQvVi t, ant Almclrm W A form for each business address. 1bu may how to copy this form *,*refilling it ow ((you have nudriple kXXians. ) O ITY F TAMARAC O6911=9EN SELL CDMPANY NAME &wALT9 P110NE COMPANY 4440 NW 4 6th STREET ?MW ACCOUNT PANY WREN TAMARAC FLORIDA 33321 ADDi'MNAL IDMS) CRY STATE aP C1DDIi MUNICIPALITY DISCONNECT LINES) TYPE OF COMPANY CAROL A. EVANS, CITY CLERK AT1i11bRaED CONTACT PE UON Q Local Wepboue Compumy 0 Set Type: O Local Wepbone Compm Q set Type: Public Pbome Number Coin or Coinless Public Pboue Number Coin or Coinless 305 — 731-9900 COIN — BY: ACCEPTED BY: AT&T y SIGNATUft ALrrHOR= SIGNATURE rOHN P. �KELLXI- X MANAGER - TYPE OR PRINT NAME TYPE OR PRINT NAME DATE 305 - 722 - 5900 NUMBER DURING SUSINESS HOURS ow" IMTE AUT 0 I 0 7b ensure you receive your ftLV commission, it is important that you write dawn each of your local telephone company public phone numbers. (Complete one Amachmeru Aob 1dress, lbw may how to copy this form bg*re f /ling it am {f pow haver mahiple locations. fl CITY OF TAMARAC Q CIWAPK" NAME IrQR:AI.7'EUMIONE COMM" 4801 WEST COMMERCIAL BLVD jiMACC0UNT CDMlANY ADDREW TAMARAC 'FLORIDA 33322 ADDITIONAL LINES) My ' ilATE >op OODE MUNICIPALITY DISCONNECT LINES) of COMPANY CAROL A. EVANS, CITY CLERK C+ovrAer pEpMN ©Lead Teliepbme Company Q SetType: Q Local Twepbooe Company Q Beet Type: Public Phone Number Coin or Coiaksa Mk Phone Number Coin or Coinkss 305 — 731 — 9661 COIN S E 305 ` 722 5900 NUMW DURING BUSINEU HOURS a" ACCEPTED BY: AT&T AUTHORIZED SIGNATURE TYPE OR PRINT NAME BATE AT&T n ,— Lf 0'3 To ensure you receive your full commission, it is Important that you write down each of your local telephone company public phone numbers. (Campine ant Anadmen! A fbrm J6r aK* business address. Vw may how to copy dus form before filling it au if you have rwrhoe loeatimu. ) 7501 N W 8 8 th AVENUE VIEWACCOUNT COMPRMADDREW TAMAR.AC FLOR I DA 33321 _ ADDITIONAL L TWS) are VATS ZIP CODE MUNICIPALITY_ DISCONNECILiNE(5) aP COMPANY CAROL A. EVANS, CITY CLERK AM IORi7ED OONTAM PERSON Q LKSI Tdqkow COmpany Q set Type: Q Local Wephoae company Q set Type: FWAk Phone Number Coin or Coinka Public phone Number Coin or Coinkss 305 721 — 9846 coin — — ACCEPTED BY: AT&T AMORMED SIGNATURE TYPE OR PRINT NAME DATE DATE 305 — 722 5900 PHONE NUMBER DURING BUSINESS HOURS AT&T 1 . o -3 MWtachment A:taml Telephone Company PublicPhones.n3r. 1b ensure you receive your tuu commission, k is hnportant that you write down each or your i telephone eompaw public phone numbers. (Complete ow Amar+kmm A fora for each business address. Vw ma) s form beforr filling a as if You hour Mhipde kwwians. ) 4D CITY OF TAMARA _SOUTHERN SELL. cohmmY NAME LocwLTEBPHOHE COIr NkM 5811 NW 88th AVENUE PIEWACCOUNT CONINLRYADDRM TAMARAC FLOR I DA 33321 ADDTIIONAL L MS) cry WrATE npODDH MUNICIPALITY DISCONNECT IJ NWS) fin or comPAM CAROL A. EVANS, CITY CLERK ALrrHORIZIzD aDNTACT PM SON Loeul T*vb0w Company Set Type: L W Taepbone Company Set Type: Public Pbome Number Coin or Coinless Public Pbone Number Coin or Cobdess 305_721 _ 9730 COIN 305_721 _ 9916 COIN IQ DATE 305 ` 722 5900 NUM$U DURING SUSINM HOURS W.? " ACCEPTED BY. AT&T AUTHORIZED SIGNATURE TYPE OR PRINT NAME DATE AUT r 10 ensure you remve your nw con1II mono R 1S un rlan[ mat you write dawn each of your telephone company public phone numbers. (Can;plete one Auachnunt A form for each business adkimss. *u nw• haw to a*y tlus)6rm befurr Jifffng has if you how o "live 10mions. ) ID CITY OF TAMARAC p OUTHERN BELL C MPANYNAME L0CALTRMONEC0WftNY 7501 N. UNIVERSITY DRIVE NEW ACCOUNT. TAMARAC FLOR I DA 33321 ADDMONAL LINES) Uff ;LATE CODE MUNICIPALITY DISCONNEG7L MS) IM aF COMF*NY CAROL A. EVANS, CITY CLERK ALTTHORM CONWr PERSON O Taal Tdepbow Comp my O Set Type: p Im al Wepbone Company any Q set 'type: Public Pbooe Number Coin or Coiolass Public Pboac Number Coin or Cobdess 305 — 721 — 9711 COIN BY: ACCEPTED BY. AT&T O SIGINATUO AUTHORMM SIGNATURE OR PRINT NAME WE 305 — 722 — 5900 NUMISER DURING BUSVaSS HOURS a"" 0 TYPE OR PRINT NAME • DkTE AT&T ii:l0 7'bis form details the ATSTIPTIIndividual Commission Plan and needs to be returned witb your signed contract. 1. The initial commission rue payable to Agent for each kx=ion listed in Attachment A and the term of this Agreement are set forth below: 7btal Number Of Public Telephones Initial Commission Rate pn AT&T Non -Sent At A location Routing "0 +" paid Revenues From Calls lbATd�T ILEC Public Phones 2. The initial term of this Agreement is a period of ( (die, Two, 77uee Yw) ) from the date Agent first begins earning commissions on any telephone listed in Attachment A pursuant to the terms of Paragraph 6 of the Agreement. This Agreement shall be automatically renewed for additional one year terms unless either party gives thirty (30) days' notice of its intention not to renew. 3. The commission rate payable to Agent pursuant to this Plan shall be contingent upon the aggregate AT&T non -sent paid i.e., collect, credit card, and billed to third number) billed revenue generated from LEC public telephones at locations controlled by the city, county and municipal governmental entities participating in the • AT&T/PTI Individual Commission Plan ("participating Entities"), as follows: Aggregate Monthly AT&T Non -Sent Paid Revenue Commission Rate s0 to s 999,999 14% $iM to s 1,999,999 16% s2M to 13,999,999 18% $4M to $4,999,999 19% $5M or more 20% 4.1For locations where AT&T does not track revenues from LEC public telephones, AT&T Non -Sent Paid Revenues Will be estimated as follows: a. If 25 % or more of the LEC public telephones listed in Attachment A are in trackable areas, AT&T will develop a monthly average revenue (MAR) for AT&T Non -Sent Paid Revenues from those phones. The MAR will be multiplied by the number of LEC public telephones in non -trackable areas in calculating Agent's monthly AT&T Non -Sent Paid Revenues. b. If fewer than 25 % of the LEC public telephones listed in Attachment A are in trackable areas, AT&T shall apply a MAR of $100.00 per telephone in non -trackable areas in calculating Agent's monthly AT&T Non -Sent Paid Revenues. 5. AT&T Non -Sent Paid Revenues will be calculated based on a monthly period beginning on the 16th day of each calendar month and ending on the 15th day of the following month. 6. AT&T will determine by the 15th day of each month (the "current month") what the aggregate AT&T Non -Sent Paid Revenue of the participating Entities was for the previous 30 day period and, based upon this determination, Will pay commissions for the current month based upon the schedule set forth in Paragraph 5 of this Attachment. Any change in commission rate based upon the foregoing determination will be effective as of the first day of the month following the month for which the aggregate non -sent paid revenue of the participating Entities was determined. rj7 ttachment B: AT&T/PTI individual Commission Plan Tbis form details the AWIPTI Individual Commission Plan and needs to be returned witb your signed contract. 1. The initial commission rate payable to Agent for each location listed in Attachment A and the term of this Agreement are set forth below: Initial Commission Rate Total Number Of Public Telephones On AT&T Non -Sent At A Location Routing "0 +" Paid Revenues From InterLATA Cails To AWT LEC Public Phones 2. The initial term of this Agreement is a period of ( (One, Two, Three Yeah) ) from the date Agent first begins earning commissions on any telephone listed in Attachment A pursuant to the terms of Paragraph 6 of the Agreement. This Agreement shall be automatically renewed for additional one year terms unless either party gives thirty (30) days' notice of its intention not to renew. 3. The commission rate payable to Agent pursuant to this Plan shall be contingent upon the aggregate AT&T non -sent paid i.e., collect, credit card, and billed to third number) billed revenue generated from LEC public 'telephones at locations controlled by the city, county and municipal governmental entities participating in the AT&T/PTI Individual Commission Plan ("participating Entities"), as follows: Aggregate Monthly AT&T Non -Sent Paid Revenue Commission Rate s0 to $ 999,999 14% $ I to $ 1,999,999 16% s2M to s3,999,999 18% s4M to $4,999,999 19% $5M or more 20% Ll 4. For locations where AT&T does not track revenues from LEC public telephones, AT&T Non -Sent Paid Revenues will be estimated as follows: a. If 25 % or more of the LEC public telephones listed in Attachment A are in trackable areas, AT&T will develop a monthly average revenue (MAR) for AT&T Non -Sent Paid Revenues from those phones. The MAR will be multiplied by the number of LEC public telephones in non -trackable areas in calculating Agent's monthly AT&T Non -Sent Paid Revenues. b. If fewer than 25 % of the LEC public telephones listed in Attachment A are in trackable areas, AT&T shall apply a MAR of $100.00 per telephone in non -trackable areas in calculating Agent's monthly AT&T Non -Sent Paid Revenues. 5. AT&T Non -Sent Paid Revenues will be calculated based on a monthly period beginning on the 16th day of each calendar month and ending on the 15th day of the following month. 6. AT&T will determine by the 15th day of each month (the "current month") what the aggregate AT&T Non -Sent Paid Revenue of the participating Entities was for the previous 30 day period and, based upon this determination, will pay commissions for the current month based upon the schedule set forth in Paragraph 3 of this Attachment. Any change in commission rate based upon the foregoing determination will be effective as of the first day of the month following the month for which the aggregate non -sent paid revenue of the participating Entities was determined. • 7. Except as specified below, if Agent's Agreement with AT&T is signed after June 25, 1989, Agent's initial �commission rate, specified in Paragraph of this Attachment, is the commission rate in effect for the month in hich Agent's AT&T/PTI Individual Commission Plan becomes effective and Agent will have its initial commission rate adjusted in subsequent months in accordance with the terms of this Attachment. If Agent has an existing offer from AT&T or a contract with AT&T that reflects a higher commission rate than would be available under Paragraph 3 of this Attachment, such Agent is entitled to receive the higher commission rate specified in the offer or contract. If adjustments in the commission rate pursuant to Paragraph 3 of this Attachment subsequently exceed the commission rate specified in the offer or contract, such Agent will be entitled to receive the higher commission rate. S. AT&T will reimburse Agent for any charge assessed by the local exchange company for implementing Agent's choice of AT&T as the primary interchange carrier for non -sent paid calls from the LEC public telephones covered by this Agreement. L.J AUT