04/14/1999
AT &T Business Service Simply Better Pricing Option
Term Plan Agreement
FOR OFFICIAL USE ONLY
Company Name AT&T Branch
Monroe County Tourist Development Council Miami
Contact Nametritle Contact Nametritle
Harold Wheeler Kim Works
Address Address
3406 N. Rooseveh Blvd. Key West, FL 33040 460 NE 215 St Rm 222A
City State Zip Code City Miami State FL Zip Code 33179
Contact Phone Number Contact Phone Number
305-296-1552 305-664-4226
800#(s) Customer Account No.
800-352-5397 020-109-3237-001
The tenns ofselVice, list prices, and Tenn Plan Discounts are provided in F.C.C. No.1. A summary of
Tarifftenns, and additional tenns and conditions, are listed on the back of this fonn.
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X 24 Months
Gross Monthly Revenue Commitment Level
X $2,000
26%
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The Service and pricing Plan you have selected will be govemed by the rates and temls and conditions in the appropriate AT&T Tariffs as may be modified
from time to time. Your Signature acknowledges that you understand the temls and conditions z; the. d will be provided and that you
are duly authorized to make the co t and to order scrvice for each of these locations.
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Date
11/17/97 Page 1 of2
AT&T Business Service Simply Better Pricing Option Term Plan
Terms and Conditions
The foIlcming is a summary of certain Tariff terms, and a listing of additional terms. For complete rates, terms and oonditions, please consult the current text
of Section 6.13.1 of AT&TTariffF.C.C. No.1, and all oIherapplicable promotional sections of that tariff, on file with the Federal Communications Commission
(collectively, the "Tariff').
RESTATEMENT OF IMPORTANT TARIFF TERMS
1. Charaes for Service. Revenue Commitment - Basic usage rates for outbound and toll free service are specified in Section 6.13.1 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. Revenue
commitment is based on total plan qualified usage (this includes Inbound and Outbound - Interstate, Intrastate InterLATA and IntraLATA). In
addition, if you wish to establish toll free service on your AT&T Business Service plan, there is a $10.00 per month recurring charge.
Additional charges may apply for toll free service from Canada.
2. Contract Price- AT&T reserves the right to increase from time to time the rates for the Services provided under this Tariff, regardless of
any provisions in this Tariff that would otherwise stabilize rates or limit rate increases, as a result of charges imposed on A T& T stemming
from an order, rule or regulation of the F.C.C. or a court having competent jurisdiction relating to compensation of payphone service
providers. If necessary, revisions will be filed in this Tariff to reflect the actual rates.
3. Conditions of Service - This offer is also oonditioned upon initial and continued Tariff effectiveness. The Tariff must control the event of any conflict
between this summary and the terms of AT&T's Tariff. Service will commence under this Agreement as soon as AT&T can reasonably provision
facilities.
4. Termination With Liabilitv-Customers who terminate their Simply Better Pricing Option Term Plan prior to the expiration of the selected
term period will be billed a termination charge equal to the Monthly Revenue Commitment multiplied by the number of months remaining in
the term period except under the conditions specified in 5 and 6.
5. Termination Wthout Liabilitv - The customer may discontinue their Simply Better Pricing Option Term Plan prior to the expiration of its term without liability
if the Customer concurrenUy replaces service under the plan with a newly subsaibed AT&T plan which has a specified revenue commitment equal to or
greater than the remaining revenue commitment under the plan being discontinued.
6. Satisfaction Guaranteed - We're so sure you'll be satisfied with your Simply Better Pricing Option Term Plan savings, that we're offering you the Simply
Better Pricing Option Term Plan on a 3-month trial. If you would like to discontinue your Simply Better Pricing Option agreement within the trial period, you
can do so without further obligation. Just notify your AT&T Acx:ount Representative in VvTiting, postmarked within the first 90 days of your agreement. This
guarantee does not apply if you terminated an existing plan in order to subsaibe to this Simply Better Pricing Option Term Plan and some restrictions may
apply.
7. Seasonalitv Provision - If the monthly revenue commitment is not met for one or more billing periods, the customer is subject to payment of shortfall
charge. If the customer's actual annual glOSS bill is less than the annual cumulative monthly revenue commitment, the customer will be billed a shortfall
charge equal to the difference between the monthly revenue commitment times 12 and the actual annual glOSS billed usage charges.
8. Limitations of Liabilitv- The terms of AT&T's Tariff limit AT&T's liability in a number of respects, including, among other things. daims for consequential
damages. Please consult the Tariff for details.
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 partiOJIar purpose.
Govemina Law-To the extent not governed by federal law, this Agreement shall be governed by the domestic law of the State Of~/( W
Publicitv. 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.
Entire Aareement-AT&T's relationship with Customer under this Agreement shall be that of an independent contractor. This agreement, and the
applicable Tariff constitute the entire agreement between the parties with respect to the Service to be provided hereunder. This agreement and the relevant
. all prior agreements, proposals, representations, statements, and understandings, whether written or oral, conceming such Services or the
,- relating thereto. No change, modification or waiver of any of the terms of this Agreement, except for effective revisions to AT&T's
beblnding unless reduced to VvTiting and signed by authorized representatives of both parties. In the event of conflict between this agreement
. ,~,.tariff shall govem.
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Page 2 of2
Form SB term
ATaT
c/o Kim Works
820 Loggerhead LN.
Upper SugarloafKey, FL 33042
PHlFAX 305-745-4265
800-277-3914
E-MAIL: kworks@ems.att.com
ADDENDUM TO RELATIONSHIP BETWEEN AT&T AND
MONROECOUNTYTOmuSTDEVELOPMrnNTCOUNC~
The contract recommended in the attached RFP requires a 24-month term plan with a
guaranteed discount during that term.
During this time period AT&T encourages the opportunity to offer competitive rates to
you and urges the ability to renegotiate when necessary with the local tourist development
Marketing Director.
Furthermore, AT&T requests the right to extend this or a similar calling plan upon
agreement from both parties.