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02/19/1997 AThIT Option S Agreement iRE CE1Vl::i.J JAN 2 ~ 1!J1J1-- ...,. ! l '" ~ -- _. RECEIVED FEB' 1 1 1997 FOR OFFICIAL USE ONLY Company Name AT&T Branch MONROECOUNTYTOmuSTDEVELOPMRENT MIMAI/FT LAUDERDA;LE COUNCIL Contact Name/Title Contact Name/Title ED FORD MONROE COUNTY Address Address 460 NE 2l5TH ST City MIAMI St:ttc FL Zip Code 33179 City KEY \VEST St:tte Zip Code 33040 I I '-'7 ~ -'f1 I I COllt3Cl Phone :\umber - -- I 8- -- , Contact Phone :\umber - Z .' r-- 305654415) Customer Account No. 800#(s) 800 352-5397 --., -JI'" -...... -~..., .... w l!f";: '';'" ." CD N . 'T~ C .'....,1 :~." 7 The terms of service, list prices, and Term Plan Discounts are provided in the Tariff. The Te}'prPlan Di~unt ~ rates listed below are in place of the term plan or similar discount rates provided in Section 6.13.4 oW&Tllriff RC.C. No. I.A summary of Tariff terms, and additional terms and conditions, are listed on the back oftitis form: Term OMontWy 012 Months 1:8:124 Months 036 Months Inbound Discount 37% 43% 45% 47% Domestic Outbound Discount 37% 40% 42% 44% Gross Average MontWy Commitment Level: ~ $200 ~$1,000 0$3,000 o $5,000 0$7,000 International Outbound Discount 37% 42% 42% 42% The Gross Average Monthly Commitment must be met each month, subject to annual review. If the commitment is not met, a bill will be rendered for the difference between the committed amount for the period, and the actual billed amount. Certain calls such as directory assistance, 900 and conference calls do not count towards meeting th.. . The Service and pricing Plan you have selected will. be governed by the rates and terms and conditions in the appropriate AT&T Tariffs as may be modified from time to time. Your Signature acknowledges that you understand the terms and conditions under which the Service selected will. be provided and that you are du1y authorized to make the commitment and to order service for each of these locations. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNT #~L9RIDA 4t #, c,ntlt.-I "hI. ~ t:LnA'l-<-} CnJd'M A 0 Sales Manager Signature '~~ 11-/ '.'" '-"'/C1, '" C~~MC.i';- ,.t\ /~; ,,..,~ ~~' ~"'::) . . '-, (,,'.-""'c- ~ - ~'.:- "j~"../ ~ =. ~ .:-~'(SEAiY96' @ AT&T 1994. IF 12803 Page 1 of2 .."" ATTEST: DANNY l. KOLHAGE QERK .' BY A~ t.c...~~~ DEPUTY CLERK . Fonn CT-4 A1&:f Option S 1erms and Conditions The following is a summary of certain Tariff and Contract Tariff terms, and a listing of additional terms. For complete rates, terms and conditions, please consult the current text of Section 6.13.4 of the AT&T Tariff F.C.C. No.1, and all applicable promotional sections of that tariff, and Contract Tariff No. 3962 or its successor on fife with the Federal Communications Commission (collectively, the ''Tariff''). Service Offered AT&T Option S offers basic transport service. It excludes other plans and options such as Billing Edge, Multi-Location Billing, Geographic Restrictions and Global Business Advantage. Charaes for Service. Revenue Commitment Basic usage rates for outbound and Toll Free service are specified in Section 6.13.4 of AT&T Tariff F.C.C. No. 1. Certain discounts are also specified in the Tariff, depending upon the term and usage commitment selected. In addition, if you wish to establish inbound service on your AT&T Option S plan, there is a $10.00 per month recurring charge. Additional charges may apply for inbound service from Canada. Conditions of Service This offer is also conditioned upon initial and continued Tariff effectiveness. Any conflict between this summary and the terms of AT&T's Tariff must be resolved in favor of the AT&T Tariff. Service will commence under this Agreement as scan as AT&T can reasonably provision facilities. Early Termination-Except when terminations are excused, Customers who terminate their AT&T Option S prior to the end of the full term (or renewal term) will be assessed a termination charge. The amount will be the average monthly commitment for each month remaining in the term, times 35%. Availabilitv-one AT&T Option S offer per Customer. Customer's AT&T Option S offer is limited to 20 locations, and to monthly usage of no more than the amount specified in the Tariff. Limitations of Liability-THE TERMS OF AT&T'S TARIFF LIMIT AT&T'S LIABILITY IN A NUMBER OF RESPECTS, INCLUDING (AMONG OTHER THINGS) BARRING CLAIMS FOR CONSEQUENTIAL DAMAGES. PLEASE CONSULT THE TARIFF FOR DETAILS. SUMMARY OF IMPORTANT TARIFF TERMS ADDITIONAL TERMS NO WARRANTIES-EXCEPT FOR ANY EXPRESS WARRANTIES IN THE TARIFF, AT&T EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (AMONG OTHER THINGS) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Governina Law-To the extent not governed by federal law, this Agreement shall be governed by the domestic law of the State o~rX~ Florida. Publicity. Marks-Neither party shall publish or use any advertising, sales promotions, press releases or other publicity matters concerning or relating to this Agreement, which use the other party's name, logo, trademarks or service marks, without the prior written approval of the other party. Neither party is licensed by this Agreement to conduct business under any name, logo, trademark, service mark or tradename (or any derivative thereof) of the other party. Business Downturn-In the event of a business downturn beyond the Customer's control that results in the Customer's inability to meet revenue and or volume commitments under this contract, AT&T and Customer will cooperate in efforts to develop a mutually agreeable alternative proposal that will satisfy the concerns of both parties and comply with all legal and regulatory requirements. This provision shall not apply to a change resulting from a decision by the Customer reduce the use of telecommunications or to transfer portions of its traffic or projected growth to carriers other than AT&T. AT&T's relationship with Customer under this Agreement shall be that of an independent contractor. Entire Aareement-THIS AGREEMENT, AND THE APPLICABLE TARIFF CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SERVICES TO BE PROVIDED HEREUNDER. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS, STATEMENTS, AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, CONCERNING SUCH SERVICES OR THE RIGHTS AND OBLIGATIONS RELATING THERETO. No change, modification or waiver of any of the terms of this Agreement, except for effective revisions to AT&T's Tariffs, shall be binding unless reduced to writing and signed by authorized representatives of both parties. - - Fonn CT 4 AlaT Page 2 of 2 Provider shall supply the special service features that would include basic routing, redirection, announcements and other control features applicable. *** Provider shall charge the amount of inter-state roeak .0973) per minute for long distance usage. inter-stater off-oeak .0784) intra-stater24hrs. .0963 ) (PLUS A ONE-TIME CREDIT OF $5000.00 SIGNING BONUS) Provider shall charge per month for each of the following features: Cost A. Announcement features Monthly $ 50.00 oer. announcement .06/min & .07/ea. time announcement oUzved B. Basic routing features $50.00 oer. 800 number C. Call redirection features .03 oer. redirected call $10.00 oer.month min. List Cost D. Other control Features ROUTING ON DEMAND Select routine 20.00 oer. oendine announcement *** PRICES QUOTED ARE BASED ON 24 MONTH $1000.00 PER MONTH AGREEMENT ATTACHMENT 1 AT&T Communications, Inc. ("AT&T") and Board of County Commissioners for Monroe County, Florida ("Customer") hereby agree to modify Agreement by adding the following to the section titled: "Charges for Service. Revenue Commitment" NON-APPROPRIATION OF FUNDS A. Customer warrants that it has funds available to pay all amounts due hereunder through the end of its current appropriation period and warrants further that it will request funds to make payments in each appropriation period from now until the end of the Agreement term. B. In the event that (i) funds are not appropriated and are not otherwise available for any fiscal period of the Customer following its current fiscal year ("subsequent fiscal period") for the acquisition of services and functions which are the same as or similar to those provided under the Agreement, (ii) such nonappropriation has not resulted from any act or failure to act of the Customer, and (iii) the Customer has exhausted all funds legally available for payment under the Agreement and no other legal procedure shall exist whereby payment thereunder can be made to AT&T, then the Customer may terminate this Agreement as of the last day for which funds were appropriated or otherwise made available by giving sixty (60) days prior written notice of termination to AT&T. C. Termination of this Agreement pursuant to this Paragraph is not a default by the Customer. Upon such termination, the Customer shall be released from its obligation to make all future payments and shall not be liable for cancellation or termination charges."