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HomeMy WebLinkAbout7089RESOLUTION NO. 7089 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, TO ENTER INTO A COMMISSION AGREEMENT WITH AT &T, THEREBY RECEIVING COMMISSION REVENUE FOR ALL 0+ LONG DISTANCE PHONE CALLS MADE FROM PUBLIC TELEPHONES LOCATED WITHIN THE AIRPORT TERMINAL BUILDING, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT: SECTION 1 A certain AT &T Individual Commission Agreement, a copy of which is attached hereto and made a part hereof by reference, together with Attachment A, "Local Telephone Company Public Phones" and Attachment B, "AT &T Individual Commission Plan ", after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and AT &T, relating to the paying of commissions to the Pueblo Memorial Airport for 0+ phone calls made from public telephones located in the Airport terminal building is hereby approved, subject to the conditions as set forth in said AT &T Individual Commission Agreement. SECTION 2 The President of the City Council is hereby authorized to execute said AT &T Individual Commission Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. SECTION 3 All net proceeds derived from said AT &T Individual Commission Agreement shall be used for the operation, maintenance, and improvement of the Pueblo Memorial Airport. INTRODUCED February 22, 1993 BY JOHN CALIFANO Councilperson city Ierk APPROVED: /7 "dent of th4 City Council LETTER OF AUTHORIZATION The undersigned hereby appoints AT &T as my limited spent, to act in my name and stead, to Dandle all arrangements with local telephone companies (LEC's). (a) _ to select AT &T as the 0 0 + carrier for a p current and any future LEC public telephones Installed at all locations under my control throughout the United States, Puerto Rico, and U.S. Virgin Islands;* (b) to authorize any change necessary to have AT &T designated as the '0 + • carrier for my current and any future non- public telephones at ap locations listed in Attachment A to my commission soreement;• (c) to obtain customer service records (Including trunk types, line numbers and name(s)) of long distance carriers from the LEC's; (d) to add or delete locations listed in Attachment A to my commission agreement, or otherwise modify information regarding listed locations, upon receipt of an oral request from me. 1 understand that this appointment will continue in effect through the term of my commission agreement, and any renewal or extension thereof, unless terminated by either party upon thirty (30) days prior written notice. 1 understand that this appointment does not preclude me from acting on my own behalf. PUEBLO MEMORIAL AIRPORT Company By: Aut rized Signature JAMES P. ELWOOD Typed or Printed Name DIRE CTOR OF AVIATION Title Zsr-�'73 Date •1 understand that 1 may only select one 0+ king distance company per public telephone/non- public line and that the LEC may impose a charge on me for any change in my 0+ king distance company. OANT This Agreement is entered into between AT &T Communications, Inc., acting on behalf of the Interstate Division of the American Telephone and Teleg Com�and the AT &T Communications interexchange B T 1 ' 7 - y , companies (hereinafter "AT &T ") and Q MA 8 D �I�� �y '' I' rn 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 for operator assisted ( "0 + ") interLATA telephone calls placed from those locations. 2. 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 commissions unless and until it has been provided with correct line numbers for the LEC public telephones. 3. 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. 4. To the extent that applicable rules or regulations permit Agent to select the interexchange carrier for all "0 +" dialed interLATA calls, Agent must make arrangements so that all "0 +" interLATA calls from the LEC public telephones at the locations listed in Attachment A are routed to AT &T. Agent's duty to make such arrangements will continue during and after implemention of a presubscription plan for LEC public telephones, subject to the terms of paragraph 6 of this Agreement. If applicable rules and regulations change, so that Agent is no longer able to select the interexchange carrier for all "0 +" dialed interLATA calls. Agent's duty to route such calls to AT &T will end and AT &T will not have any obligation to pay commissions to Agent. 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 J S public telephones at the locations listed in Attachment A, provided that: a. Agent complies with all of the requirements in paragraphs 1-4 above. �t� "r�1' c. Agent will provide AT &T or its designee with reasonable access to Agent's records ne�% ✓ .r:i c+i.:d to this Agreement. 6. This Agreement will begin as of the 16th day of the month following the signing of this Agreement by both parties and will be in effect for the period described in Attachment B; provided, however, that AT &T may terminate this Agreement with respect to any or all of the locations listed in (over please) 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. AT &T has the same right to terminate this Agreement if a LEC implements an equal access plan for its public telephones that does not permit Agent to select the interexchange carrier for all "0 +" dialed interLATA calls. 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. NEGLIGENT 7. Except in cases involvingwillful 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 be 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. OR REQUIRED TO BE MADE PUBLIC BY APPLICABLE 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, In . 4Q.- [,& By. (Authorized signature) 0 PUEBLO MEMORIAL AIRPORT-, Company By: (Au tho Sig ) 2553 Date © Print/Type name: JAMES P. ELWOOD Title: DIRECTOR OF AVIATION 31201 BRYAN CIRCLE Company address PUEBLO, CO 81001 City state Zip Code (719) 948 -3355 Company telephone number 846000615 O Federal Tax ID (To issue commission checks) 0044 12.88