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HomeMy WebLinkAbout106-89 RESOLUTION• RESOLUTION NO, 106-89 A RESOLUTION AUTHORIZING AN .AMENDMENT TO THE COMMISSION AGREEMENT FOR AT&T SERVICES LOCATED AT THE AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1.. That the Board of Directors hereby authorize an amendment of the commission agreement with AT&T to change the rate from 10% to 14% for services located at the airport. A copy of the commission agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of November , 1989. erk:_ ,pe .V•. n y. APPROVED: jJ • AT&T Individual Commission Agreement PTI 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 interexchange companies (hereinafter `AT&T") and 0Fayettevrlle Municipal:.Airport (Sgem•» Company name t 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 revenues for non -sent paid (i.e., collect, credit card and billed to third number) AT&T calls placed from the LEC 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.' ft8CANO X' t 'RRi x t is IXATcgMSC/ ARS RQX i i(kXkX'XAMIXLW'I&M DINIBBOXMOPN/ORMADWARtikkRiotsaixtrooseinekkinibix*z x x 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 profitability to AT&T, or the ability of AT&T or Agent to perform its obligations, as set forth herein. In (over please) 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. Termination 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. 8. 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., and to the extent allowed by Arkanasa law. 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 Date 0 Company Name Authorized Signature) By. (Authorized Signature) g -� g5 Date Print/Type name: 0 Print/Type name: Title: Title: 0 00132-P11 Company address City Sere Zip Code Company telephone number Federal Tax ID (To issue commission checks) AT&T