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Resolution 227-1989 RESOLUTION NO. 227 1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND AT&T, REGARDING COMMISSION PLAN FOR PUBLIC PHONES BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute an agreement by and between the Board of County Commissioners of Monroe County, Florida, and AT&T regarding commission plan for public phones. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 28th day of April, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /Jl/~IvPJ Mayor/Chairman ( Seal) Attest: DANNY L. KOLHAGE, Clerk --/2./;. /! A11J.t<': "/lj ),lNnOJ 30HNOW j J HIJ ).llJ c, O~ ',NNVO 6Z: Z d .,- AVW 69. 6Y~~ MtDrlNy'. ~ O~OJ3ti dOJ CJ31/.:I ~! i t I ! ,0'" w , i L Please complete the shaded areas on inserts 1-4. · Please fill ill name and address, List all local telephone company public phone numbers, Sign by an authorized representive and date, Indicate phone number during business hours. · You may also be receiving a Ballot from your local telephone company requesting your selection of a Primary Long Distance Company, To be sure that your phones route the "0 + " interLATA calls to AT&T, check (,..... ) AT&T on the ballot and return promptly. . ~-..~: ::~~.,~r ~~!.~ Fill in your company name. f.2~,; Fill in your company name, sign by an authorized representative, and date. (!:: Print name of authorized signature, title, company address and phone number. o Indicate your Federal Tax ID number so that commission checks can be issued. · Please copy this form before filling it out if you have multiple locations. · To ensure you receive your full commission. it is imponant that you write down each of your local telephone company public phone numbers. o Fill in company name, (as it appears in local telephone company records) company address, city, state, zip, type of company and authorized contact person. e Fill in naloe of local telephone company. e List all local telephone company public phone numbers at this address. f!) Indicate set type of public phone(s). o Sign by an authorized representative, date, and indicate phone number during business hours. ;,: :Ili ~."~ ~ '. " .;, .: ~ ~ . oJ ... ',,' 4', !}~.~"':' l:': .', ;-,i' · 771 is form details the AT&T Individual Commission Plan and needs to be returned ~vith your signed contract, .j" · Please copy this form before filling it out if you have multiple locations. · Only complete this form if you have AT&T Public Phones and/or Private Pay Stations that have AT&T as the' '0+ " long distance carrier. · This form must be completed and signed for each public phone location, n Fill in company name, company address, city, state, zip, type of company and authorized contact person, List all AT&T Public Phones and/or Private Pay Phone telephone numbers. e Sign by an authorized representative, date, and indicate phone number during business hours, . ..~ ',.; .~ :{ ,q :1 '.. ~: .1 i "~ '~ '.~ I 0021 12-88 ~AT.T .,;' ,,-( '- T\l ensure wminuation of your AT&T "Dial 0+" long disl<m.c ser. j.e on your lo.al telephonc l'lll1lpany publ ic telephoncs, please sign and return this Authorization . . Card as soon as possible, Doing so will ensure that all long distance calls will .continue to be handled by AT&T when they are dialed with a "0" plus the area code and telephone number and will enable AT&T to handle all necessary arrangements For your "Dial 0+" service with your localtetephone company, Please sign and date this card tor the Bell Telephone Company Pubjic Phones at your location, Please list the Bell Telephone Company Public Phone number(s) on the back of this card, Thank You, .'. . " .\ifll'i1'~,I' prim or t.\pe nallle, colI/panYl/ail/e.~ddj.ess. city, state and ::.ip code below: .. Monroe County, 500 Whitehead St. Key West, Florida 33040 (SEAL ) Attest: r.lp.rk <:.r.:.;, ", ;,.:,...... '<::.",: . :'rft~. ,~. .' ':'. ~ , 'i' ~ r,,~ : . i~;~;? ~~~li:\. " -'".-. " ",.' '.~.~. -/:::', . ; :,!i~.r ,; ,.-,,,. ....... , .,..... :\;:(<T~ ....i.... . ~(:~~:~':~ :-\,;:;;..:,~. . .' ! ,~. "~',ri~';; :}'.:, "W ".)';~-;~ .::" '. ';.L" fl~~ .:,1..~,~: ':,~ ::m::':...... )i~&::., .JEEt;4ifllill~Z> '!i-:'il~~~" . ,"?~f.~~1,~;:: . '. ':',"~~;~j~' .~\:: * . -:- ;:. .~';~V::~!.'-I".~, ',-,t.' '..' ." -:~ '.t. ,','- .~ " ',~~~l;F:' ...;;,:-' ,<a~~i~~'.:'~"_.:' ~,.:. " J,*"'!',, ,', . .: ~.:}~~~~r;:~~ :.:"~ " ' "~~" . ,:'~:r'} .~~ ". ' ,.. 1 '~"'."""""~ ~ AJIIMaVED M TO IfJIIM AND. ,;.EC."1~ ~U~;;. ~~'. ,.,Y.... '....j;.'{' .:/ ~-v'u.,I!..LL/ "fJllt", DY 14- _ PLEASE NOTE: AltorJe..".., ' , . You may deSIgnate only one "Dial 0+" long distance company for e"cli of your public (elephone numbers, Selecting more than one long distance company for a lelephone may invalldale your choice,. . There may be a charge by your local telephone company per Ime for any change you make If you change , your chOice followmg your first selection, :' , .~PI~ase sign here: e'i'X ..,. . A:~:rHOIUZED SIGNATURE DATE Phone number where you can be reached dUring business hours, a -'.' 305 ext. 505 294-4641 - '.' .,,"; f: '-.-: ,~" ...." OVER ,j,' :".~: .~~~~:. ~.;' i;f:;;~lw: . :~ ~\~.~. '<:'''-~,-,,'''-;; :. "~ ~:'r:..~ . ~.' ',,' .;; ... .. '~:.~,>:;:'2;..: ,>:95.~'}:,,; :-jj"'" I ~.. ~ ." .~;'~\-B.i~~:~: : '. ":;io'X" . '. j~'~~~.' :~:;.YZ' AT&T This Agreement is entered into between AT&T Communications, Inc" acting on behalfofthc Interstate Division of the American Telephone and Telegraph Company and the AT&T Communications interexchangc companies (hereinafter "AT&T") and Monroe County ""'''1> Cnmp;,lnY name 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: ;j, ], 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 ofthe 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'stecords relating to this Agreement. 6. This Arreement will begin upon the signing of this Agreement by both parties and w'll 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) ~.;i /- I.! ~ ~.~ ~ ~~ J' '.~ ~ ~ :J '- ~ 't1 ~ ~ . i ~ i f "If obligations as set forth herein, In addition. if applicable rules and regulations change. so that Agent is not permitted to select the interexchange carrier tor 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. Monroe County Company Name By: (AUlhorized Signature) By: (Authorized Signature) Date Date II PrintlType name: Title: Print. Type name: T. I Mayor It e: 500 Whitehead Street company address Michael Puto . ,. Key West, Florida 33040 City Slate Zip Code '.::; _nL~MTO~ AND LEGAL SUFFICIENCY. 305-294-4641 Company telephone number ;..! BY 50-6000-749 Federal Tax 10 (To issue commission checks) 0016 12.88 (SEAL ) Attest: ..- .. Clerk ...., . ,".........: , , : l..' I ~ t t . i,"':'~ ',' . ~:;";; " , ,.Y"i.,.\. 1./.... ~~ ". '1":-;0 " : ;',"::1;;,,' ~. i , ,- < , .' "t_, To ensure you receive your full commission, it is important that )'ou write down each of your local telephone company public phone numbers. Monroe County COMPANY NAME 500 Whitehead Street COMPA'>:Y ADDRESS Key West, Florida 33040 CITY STATE ZIP CODE TYPE OF COMPANY George Harper 305-296-0348 AUTHORIZED CONTACf PERSON Local Telephone Company Public Phone Number SEE ATTACBElJ LISTS " BY: Q AUTHORIZED SIGNATURE Michael Puto TYPE OR PRINT NAME . ~ DATE 305-294-4641 ext. 505 PHONE NUMBER DURING BUSINESS HOURS (SEAL ) 0017 12'88 Attest: -w- ,..(:le, .. Set Type: Coin or Coinless 00tlTIIE.R).) 6ELL- LOCAL TELEPHOSE CO~IPANY XX NEW ACCOUNT ___ ADDITIONAL LINE(S) DISCONNECT LINE(S) Local Telephone Company Public Phone Number Set Type: Coin or Coinless 1'1 ACCEPTED BY: AT&T AUTHORIZED SIGNATURE TYPE OR PRINT N~.~E '.. .,. to ""~\l " '. DATE APPROVED AS TO FORM A~DLEGALSU~~E~~ . (I,. , J.~.l,() //4".1:.Ltfi .JY ~ ' '~...J#J. . At In/'Y's Officll,::, .' -""- ~~~ AT&T ,~ ~ ('~ '-,' .... 'f '.'.:.j..~: ;~ - '~ .,::l , ;~ ',..~ ,,'j -<:." 'j ...;1 .~ l;1 J f j ( 'f!-' i I . ~~~~~~~W~WW~~~WW~WW~WWWWW ~ ~~~~~~~~~~~~~~~~~~~~~~~~~ a d ~~~m~~~~~~:N::::::~~~NNNN ! ~ NNNNN~WWW~.:.........':tt ~ t~f~g~~~~~~~~~~~~~~~~~~gg I ~. ~w:~~go~~w~:~~=g====~~ ~. .0~NW~~~Nt~~ON~0~~~~~N JIll \1'1 ! ~ ~ W ~~~W~ NNWNW N~ N ~~~0~002~~~g~~~~;~0~~~:~0 ~O~O~OO~~O~~~~~~N~O~~O~~O ~~.OOOOO..WN~N~~W~O~.~O~o . 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'1" , This form details the AT&T Individual Commission Plan and needs to be returned with your signed contract. ], The commission rate payable to Agent for each location listed in Attachment A and the term of this Agreement arc set forth below: Total Number Of Public Telephones At A Location Routing "0 + " InterLATA Calls To AT&T Commission Rate On AT&T Non-Sent Paid Revenues From LEC Public Phones % ~_.J The initial term of this Agreement is a period of two (2) 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. :1 {~~ A.....,. -~----- MI.. -- - ".: -'.'-. -;r: '-~~,~!1r::-""''''~''''~' ~ .... ~.', ...... ' ,. ...,.. ;!;~,...~. ,\f.:-.~..:-" I . h_,_._ .,..---:-~, -.. 'to....--' 4 "'l'~.~~'~-'.r .;" .. APIJOINTMENT OF AGENT The undersigned does hereby appoint AT&T my agent, to actin my name and stead, to hand[e all arrangements with local telephone companies (LEe's) to select AT&T as the "0+" carrier for all current and any future LEC public telephones installed at all locations under Iny control throughout the United States. It is understood that only one "0+" long distance company may be selected for a LEC public telephone, and that the selection of more than one "0+' long distance company for a LEe public telephone may invalidate any choice. It is further understood that there n1ay 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. Monroe County (Compan)') (Address) / 500 Whitehead Street (Signature) (Cil)', State) ", Michael 'Puto, Mayor of Monroe County (Name and Tille) Key West, Florida 33040 305-294-4641 '. . ~ (Business Telephone Number) (Date) III AfMOW'OM TO FORM , ,y J~;~s:l~j~;i~({ (SEAL ) Attest: Clerk ,-: