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HomeMy WebLinkAbout151-92 RESOLUTION• • • RESOLUTION NO. 151-99 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH AT&T TO SERVE AS THE AIRPORT'S LONG DISTANCE SERVICE PROVIDER FOR THE PUBLIC USE TELEPHONES LOCATED IN THE AIRPORT TERMINAL. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with AT&T to serve as the airport's long distance service provider for the public use telephones located in the airport terminal. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6th day of October , 1992. APPROVED: B ATTEST: By City ClA'rk Mayo AT&T Individual Commission Agreement • This Agreement is entered into between AT&T Communications, Inc., acting on behalf of the Interstate Division of the American Telephone anddelegraph Company and the AT&T Communications interexchange companies (hereinafter AT&T") and Fayetteville Mn n i r i p a l A i r p n r r Company 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. 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 Attachrrtent 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 (over please) 3 -:Inal • .0s •iTira oii .l a'it is • • To ensure you receive your full commission, it is important that you write down each of your local telephone company public phone numbers. r' Fayetteville Municipal Airport COMPANY NAME 113 West Mountain Street COMPANY ADDRESS Fayetteville CITY AR STATE 72701 ZIP CODE TYPE OF CO%IP.ANY AITHORIZED CONTACT PERSON Local Telephone Company C) Set Type•. South Central V LOCAL TELEPHONE COMPANY NEW ACCOUNT ADDITIONAL LINE(S) DISCONNECT LINE(S) 0 Local Telephone Company Q Set Type: Public Phone Number Coin or Coinless Public Phone Number Coin or Coinless 501- 442 - 9690 COIN 501- 443 - 6921 CHARGE 501- 443 - 6922 CHARGE 501- 442 - 9762 COIN 501- 443 - 6923 CHARGE 501- 442 - 9564 COIN 501- 442 - 9761 COIN 501- 442 _ 9536 COIN 501- 443 _ 6924 CHARGE 501_ 442 _ 9759 COIN 501_ 442 _ 9704 COIN 501- 521 _ 9527 COIN 5D1- 443 - 6Q29 CHARGE 501- 442 - 9767 COIN ALTHORIZED S GNATL RE Fred S. Vorsanger TYPE OR PRINT NAME • -011=1- • ACCEPTED BY: AT&T C RE �fN.,, `e AUTHORIZED SIG. RE eacv4A1 Of AASMAA. TYPE OR PRINT NAME October 6, 1992 C‘Va\"1r... DATE DATE 591-7700 PHONE NUMBER DURING BUSINESS HOURS 0017 1-90 — ___ obligations as set forth herein. In 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 ("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:r W ` \ \carcht� 1 sed si Dat Print/Type name• CgiOW.v &. Mtitikvi f. Title: ASST: 0 Pelta RUNS M.4n 4.66 t 001612-1111 Fayetteville Municipal Airport � R / V October 6, 1992 Dere O Print/'/ pe name: Fred S. Vorsanger Title; Mayor 111 nest MolIntsis gtr.at Cannon radius Fayetteville AR 72701 City sate Zip Code 521-7700 Lowy telephone number 7/— Go/Fys.2 Federal Mu ID (lb issue a nenmio. deck,/ Attachment B: AT&T Individual Commission Plan This form details the AT&T Individual Commission Plan and needs to be returned with your signed contract. I. The commission rate payable to Agent for each location listed in Attachment A and the term of this Agreement are set forth below: Total Number Of Public Telephones At A Location Routing "0+" InterLATA Calls To AT&T 14 Commission Rate On AT&T Non -Sent Paid Revenues From LEC Public Phones 20 % one (1) The initial term of this Agreement is a period of-twe f23 years 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. 2. 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. 0019 12-88 • • APPOINTMENT OF AGENCY The undersigned does hereby appoint AT&T my agent, to act in my name and stead, to handle all arrangements with local telephone companies (LEC's) to select AT&T as the "0+" carrier for all current and any future LEC public telephones installed at all locations under my control throughout the United States. It is understood that only one "0+" long distance company maybe selected for a LEC public telephone, and that the selection of more than one "0+" long distance company for a LEC public telephone may invalidate any choice. It is further understood that there may be a charge by the local telephone company(s) for each public telephone line if there is a change in choice of "0+" long distance companies following the initial selection. Fayetteville Municipal Airport COMPANY 113 [lest Mountian Street ADDRESS Fayetteville, AR 72701 CITY AND STATE Fred S. Vorsanger, Mayor NAME AND TITLE 521-7700 October 6, 1992 BUSINESS TELEPHONE NUMBER DATE 2 AT&T Individual Commission Agreement AT&T This Agreement is entered into between AT&T Communications, Inc. , acting on behalf of the Interstate Division of the American Telephone and,1'elegraph Company and the AT&T Communications interexchange companies (hereinafter AT&T") and QQ Fayetteville Municipal A i r p n r t `""" • Company In 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. 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 profitability to AT&T, or the ability of AT&T or Agent to perform its (over please) obligations as set forth herein. In 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, CONSEQUENTLAL 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 ("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 he in writing, must refer specifically to this Agreement and must be signed by authorized representatives of the parties. AT&T Communications. Inc. cttd5yn�`� By: Q Fayetteville Municipal Airport cIN aZ,S� October 6, 1992 Dar tie Pnnt'Type name: C � (.tl. M ftMi l b Tide: _10.55-rCSIo1'S 44.44/4 -602 Yfl' 281 Q Print/Type name: Fred S. Vorsancter Tide Manor 1" tMGt Mntlntain Stra=t Canoga Fayetteville AR 72701 c y Sae Zsp Coal 521-7700 Campay mambo= menhir O 7/- Geie9L Patna, w in (R nee coaninka Meek.) 3 Attachment A: Local Telephone Company Public Phones • To ensure you receive your full commission, it is important that you write down each of your local telephone company public phone numbers. f(,'nmplele rnU': (t/u,-hn C,?/ .I u /in-rurh brchrrss uddre» }bx muP burr 10 cnpf (bininvn bJnrefills;q a ntu /Null burr nn,ltiplr lu -o[ivac.i Fayetteville Municipal Airport O COMPANY NAME 113 West Mountain Street COMPANY ADDRESS Fayetteville AR 72701 CITY STATE ZIP CODE TYPE OF COMPANY AUTHORIZED CONTACT PERSON o Local Telephone Company Q Set Type: Public Phone Number Coin or Coinless 501- 442 - 9690 COIN 501- 443 - 6921 CHARGE 501- 443 - 6922 CHARGE 501- 442 - 9762 501- 443 - 6923 501- 442 - 9564 501- 442 - 9761 501- 442 - 9536 501- 443 _ 6924 501_ 442 _ 9759 501_ 442 _ 9704 501- 521 _ 9527 501- 443 - 6.929 501- 442 - 9767 COIN CHARGE COIN COIN COIN CHARGE COIN COIN COIN CaaRGF COIN AUTHORIZED GNATURE Fred S. Vorsanger TYPE OR PRINT NAME October 6, 1992 DATE 521-77nn PHONE NUMBER DURING BUSINESS HOURS 0017 1-90 South Central Q LOCAL TELEPHONE COMPANY NEW ACCOUNT ADDITIONAL LINE(S) DISCONNECT LINE(S) Q Local Telephone Company Public Phone Number ACCEPTED BY: AT&T Q Set TyPe: Coin or Coinless AUTHORIZED SIG RE C40#0441.1 W 44/314/#1.44 TYPE OR PRINT NAME DATE ATO 1 Attachment B: AT&T Individual Commission Plan This form details the AT&T Individual Commission Plan and needs to be returned with your signed contract I. The commission rate payable to Agent for each location listed in Attachment A and the term of this Agreement are set forth below: Total Number Of Public Telephones At A Location Routing "0+" InterLATA Calls To AT&T 14 Commission Rate On AT&T Non -Sent Paid Revenues From LEC Public Phones 2 0 % one (1) The initial term of this Agreement is a period oftwe (-2) years from the date Agent first begins earning commissions on any telephone listed in Attachment A pursuant to the terms o2f 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. 2. 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. 0019 12-88 AT&T • • • APPOINTMENT OF AGENCY The undersigned does hereby appoint AT&T my agent, to act in my name and stead, to handle all arrangements with local telephone companies (LEC's) to select AT&T as the "0+" carrier for all current and any future LEC public telephones installed at all locations under my control throughout the United States. It is understood that only one "0+" long distance company maybe selected for a LEC public telephone, and that the selection of more than one "0+" long distance company for a LEC public telephone may invalidate any choice. It is further understood that there may be a charge by the local telephone company(s) for each public telephone line if there is a change in choice of "0+" long distance companies following the initial selection. Fayetteville Municipal Airport COMPANY 113 West Mountian Street ADDRESS Fayetteville, AR 72701 id.bioar SIGNATURE Fred S. Vorsanger, Mayor CITY AND STATE NAME AND TITLE 521-7700 October 6, 1992 BUSINESS TELEPHONE NUMBER DATE