HomeMy WebLinkAbout20001200.tiff AT&T COMMISSION AGREEMENT
For PUBLIC TELEPHONES
This Agreement is entered into between AT&T Corp., ("AT&T") and Weld County Government ("Agent") and
covers public pay telephones.
1.0 DEFINITIONS
1.1 "Telephone(s)" - means coin or coinless public pay telephones owned and operated by a PSP, which are at the
Locations set forth in Attachment A hereto, and that meet all of the requirements set forth in this Agreement.
1.2 "PSP" - means a Payphone Service Provider which is any individual or entity that provides public payphone
service at Agent Locations, including the placement of Telephones and access to the public switched network (e.g.,
interLATA and/or intraLATA service).
1.3 "Location(s)" - means the geographical address at which the Telephones are located and are set forth on
Attachment A.
1.4 "Attachment A" — identifies the Locations, provides payee information, the line numbers for Telephones, and
designates the types of undesignated Non-Sent Paid Calls that will be routed to the AT&T network from the
Telephone(s).
1.5 "Sent Paid Calls"— means 1+coin calls and prepaid debit card calls made from Telephones. Sent Paid Calls are
not eligible to receive commission payments under this Agreement.
1.6 "Non-Sent Paid Calls"— means collect calls, calls billed to a third telephone number and calls billed to telephone
calling cards or major credit card.
1.7 "OSPS" - means AT&T's Operator Services Positioning Systems which provide the public with access to the
AT&T network.
1.8 "AT&T Commissionable Calls" - means Non-Sent Paid Calls originated from Telephones, excluding all 500,
700, 900, toll-free type numbers (e.g., 800, 888, 877, etc.), Directory Assistance Calls, and calls charged to an AT&T
calling card (whether or not branded "AT&T") issued to a business, and handled through AT&T's OSPS and carried on
the AT&T network.
1.9 "AT&T Revenues" - means revenues billed by AT&T for AT&T Commissionable Calls.
1.10 "Access Line" - means any approved Telephone tariffed access line.
1.11 "Commission Cycle" - means the period of time which begins on the 16th day of each month and ends on the
15th day of the following month.
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Au Li
2000-1200
1.12 "Contract Year" - means a twelve(12) month period beginning on the 16th day of a month and ending on 15th
day of the same month in the following year, commencing with the effective date of this Agreement.
2.0 TERM AND TERMINATION
2.1 This Agreement shall become effective on the 16th day of the month following the signature by both parties and
shall continue for a period of three(3)year(s) from its effective date.
2.2 If either party shall default in the performance of any of its obligations hereunder and fails to cure said default
within thirty (30) days of written notice describing said default, the non-defaulting party shall have the right to terminate
this Agreement, upon or after expiration of said thirty(30) day period, by subsequent written notice of termination.
2.3 Either party may terminate this Agreement with respect to any or all Locations if the Federal Communications
Commission, a State Public Utilities Commission or a court of competent jurisdiction issues an order or ruling which
materially and adversely affects this Agreement, or the party's ability to perform its responsibilities set forth herein.
Such termination shall not give rise to any claims for damages, provided, however, that the parties shall comply with
their obligations hereunder up to the date of termination.
3.0 AGENT RESPONSIBILITIES
3.1 Agent represents and warrants that it is authorized to make decisions concerning telephone service at the
Locations set forth in Attachment A, and to perform or be responsible for the performance of all of Agent's duties and
responsibilities contained in this Agreement, including, but not limited to, arrangement for the placement of the
Telephones, the right to select the carrier for undesignated Non-Sent Paid Calls placed from the Telephones, and to
receive commissions. Agent has arranged, or will arrange for the placement of Telephones owned and operated by a
PSP. Agent further represents and warrants that it complies with, and will continue to comply with, all state and federal
regulatory requirements relating to the operation of such Telephones.
3.2 Agent represents and warrants that they have not entered into any other agreement with another carrier for Non-
Sent Paid Calls at the Locations. Agent further represents and warrants that all undesignated Non-Sent Paid interLATA
and/or intraLATA calls placed from the Telephones will be routed to AT&T's OSPS for carriage on the AT&T network.
Nothing in this Agreement shall affect Agent's right to arrange for the provision of Sent-Paid Calls from the Telephones,
however, Agent shall not utilize any manual or mechanical procedure to:
a) divert undesignated Non-Sent Paid Calls or an AT&T "800"access call to any other carrier;
b) convert undesignated Non-Sent Paid Calls or AT&T"800"access calls into Sent-Paid Calls; ; or,
c) divert any AT&T "800"access call to the AT&T "1010288" access code or any other undesignated
call type(e.g., 0+, 0-, or 00-).
3.3 Agent represents and warrants that the PSP shall be responsible for the acquisition, installation, maintenance
and coin collection for the Telephones, for the payment of all Access Line and usage charges, and for the handling of
refunds on Sent Paid Calls associated with the operation of such Telephones.
3.4 Agent shall ensure that each Telephone will be connected to an Access Line and shall have call screening
capability to identify the type of Telephone to operators.
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3.5 Agent must inform AT&T of the Telephone line numbers for each of the Telephones and all changes or
additions to those numbers. Agent may direct the appropriate PSP 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 Telephones.
3.6 Agent shall make all necessary arrangements so that each Telephone allows access to the 800. 950, and
101XXXX access code numbers of other providers of operator services as required by the Telephone Operator
Consumer Services Improvement Act of 1990, the Federal Communications Commission, or any applicable state law or
regulation. Agent shall also be responsible for the provision of dialing instructions at or near each Telephone which will
inform callers how to make undesignated AT&T Non-Sent Paid Calls from the Telephones.
3.7 Agent shall make no advertising, marketing, publicity, or other like uses of AT&T's name and/or logos without
obtaining AT&T's prior written consent and at no time shall Agent represent that it or its employees or agents are
authorized sales representatives of AT&T.
3.8 Agent will provide AT&T or its designee with reasonable access to the Telephone records relating to this
Agreement. Agent shall not prohibit access to the Telephones for the purpose of observing and making test calls from
such Telephones. Agent shall allow AT&T to conduct unannounced, physical audits of the Telephones to determine
compliance with the terms and conditions of the Agreement. Agent shall allow AT&T, and assist AT&T when
requested, to make test calls as necessary to determine compliance. If AT&T is denied access to the Telephone by
Agent, AT&T shall, at its sole discretion, have the option to suspend the Telephone and cease paying commissions for
said Telephone. Any Telephone found out of compliance with the terms and conditions of this Agreement shall be
deemed to have failed the audit and shall be suspended from coverage under the Agreement. No commission payments
shall be paid for such Telephone until such time as Agent has demonstrated that the Telephone has been brought back
into compliance. If more than ten percent(10%) of Agent's total Telephones are out of compliance, AT&T may, al its
sole discretion, terminate this Agreement in its entirety.
4.0 AT&T RESPONSIBILITIES
4.1 AT&T agrees to pay Agent a monthly commission for AT&T Commissionable Calls calculated according to
the following sliding scale, on the monthly AT&T Revenue, for all Telephones and Locations which comply with all of
the terms and conditions of this Agreement. The monthly commission rate will vary monthly, depending on the monthly
A&T Revenue. No commissions shall be paid on AT&T Revenues from Non-Sent Paid interLATA and/or intraLATA
calls placed by user dialing an AT&T access code number unless all undesignated Non-Sent Paid interLATA and/or
intraLATA calls from the Telephones are being routed to the AT&T network in accordance with Agent's contractual
obligations. AT&T shall not pay any commission (1) on AT&T Non-Sent Paid Calls billed to Agent, or (2) for
Locations where Agent blocks access in violation of the Telephone Operator Consumer Services Improvement Act.
Total Monthly AT&T Revenue From AT&T Monthly Commission
Undesignated Non-Sent Paid Calls Rate
$.01 to $2,083.33 22%
$2,083.34 to $6,249.99 24%
$6,250.00 to $9,999.99 26%
$10,000 + 28%
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4.2 AT&T Commissionable Calls and AT&T Revenues will be reported, and associated commissions will he
calculated, based on a Commission Cycle. AT&T's obligation to pay commissions will begin on the date that any PSP
first implements Agent's selection of AT&T as the carrier for the undesignated Non-Sent Paid Calls placed from the
Telephones. AT&T reserves the right to pay commissions on a quarterly, semi-annual or annual basis.
4.3 Attachment A may be modified pursuant to the mutual consent of the parties during the Term of this Agreement.
AT&T reserves the right to refuse a Telephone or Location from being included under this Agreement or to delete a
Telephone or Location from this Agreement for reasonable cause. AT&T' may delete any Telephone which does not
generate any "0+" AT&T Revenue for a period of three (3) consecutive Commission Cycles. AT&T shall pay Agent
any applicable commissions earned through the date the Telephone or Location is deleted from Attachment A.
4.4 Except in cases involving willful or wanton misconduct, AT&T's liability to Agent is limited to its obligations to
pay commissions as set forth herein. AT&T SHALL NOT BE LIABLE TO AGENT 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
5.0 INFORMATION
5.1 All information relating to AT&T Non-Sent Paid Calls such as usage information, including, but not limited to,
call tracking and call records, hereinafter "Information", shall remain the property of AT&T and when in tangible form
shall be returned upon request. All Information shall be kept confidential by Agent or its PSP and shall be used only in
Agent's performance hereunder.
6.0 INDEPENDENT CONTRACTOR/NO THIRD PARTY BENEFICIARIES
6.1 It is expressly understood and acknowledged that the parties are entering into this Agreement as independent
contractors and that this Agreement is not intended to create, nor shall it be construed as creating, any type of
partnership, joint venture, or franchise relationship between AT&T and Agent. This Agreement shall not provide any
person not a party to this Agreement with any remedy, claim, liability, reimbursement, commission, cause of action or
other right in excess of those existing without reference to this Agreement.
7.0 GOVERNING LAW
7.1 This Agreement shall be governed by and interpreted according to the domestic laws of the State of Colorado.
The parties agree to be subject to the jurisdiction of the Courts of the State of Colorado.
8.0 NOTICES
8.1 All notices which may be given by any party to the other party shall be in writing and shall be deemed to have
been duly given on the date delivered in person or certified overnight carrier or deposited, postage prepaid, in the United
States mail via Certified mail, return receipt requested.
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9.0 ENTIRE AGREEMENT; AMENDMENTS
9.1 This Agreement and any Attachments hereto constitute the entire understanding between the parties and
supersede all prior understandings, oral or written representations, statements, negotiations, proposals and undertakings
with respect to the subject matter hereof No amendment to this Agreement shall be valid except if it is in writing, refers
specifically to this Agreement, and is subscribed by authorized representatives of the parties
IN WITNESS WHEREOF, the parties have set their hands as of the day and year written below, acting
through their authorized representatives.
WELD COUNTY GOVERNMENT AT&T CORP.44I
orized Signature i :� Aut gnature ^ 'nI
�J1-
Barbara T Kirkmeyer _ • ( ' 4 f&if )
Typed or Printed Name Typed or inted Name
Chairman—Board of County Commissioners ,re1/4...-/
Title Title
April 20, 2000 -; 3t
Date Date
R4-6000-R13
Federal Tax ID Number
Weldctygov. 3/31/2000 em
ATTACHMENT A Pg. / oft
I NEW ADDITION(s) DELETION(s)
The Commission Agreement between AT&T Communications, Inc. acting on behalf of the Interstate Division of AT&T Corp. (formerly
American n Telep one and Te graph Company) and the AT&T Communications interexchange companies ("AT&T") and
U )�Pd r,E,A n �rdee-vk.,.-"L- ("Agent")includes the following Location(s)and Telephones listed below:
SINGLE Payee Name: �,� ea.(4,941" 641.11/fgi e-, (If Multiple Payees, indicate below)
� t < �� � � /
Address: - -pp �o 'Ise Contact Person: - .__...-
Address: ac J✓ ��a.,,.. �
City, State,Zip) J J(D i 32_ Contact Phone Number: 1/4%0 %X 9'
Agent ID#:
Federal Tax ID#
PAYEES
[Number LOCATIONS UNITS
each; i.e., 'Enter location address OR payee * `� MARKET Irooms,beds,
1,2,3 etc] Name,address and Fed.Tax ID if Multiple] TYPE TELEPHONE NUMBER(s) CODE students(
1 3.5-2_ 9?Y7. Let 3/5-- .,v /i-H_ '
- _�7-Z. _ - ed.„ , Z -c ,{ / _.
vi,/u c_' —L- 5,t,
I _»Z 6)730 _ te, Rpm-7 Al. L3''n✓ I
] 3 5 2 SAW_ _L _ MO z A/ fit-` i
i -s29gC1 _ £ 15clN' T9- An—
"[Type] Public LEC=LEC Owned ATT=AT&T Owned AGO=Agent Owned VEN=Vendor Provided Hospitality -- I lOS
LEC PUBLIC PHONES: D( Yes No NON-PUBLIC PHONES: Yes __No
The undersigned does hereby appoint AT&T my agent,to act in my name and stead, to handle all arrangements with local telephone companies(LECs)
to select AT&T as the"0+" carrier for all the telephones listed on this Attachment A. It is understood that only one"0+" long distance company may be
selected for each telephone and that the selection of more than one"0+" long distance company for a telephone may invalidate any choice. It is further
understood that there may be a charge by the LEC(s)for each telephone line if there is a change in choice of"0+" long distance companies following the
initial selection. This appointment shall be in effect through the Term of my AT&T Commission Agreement and any renewal or extension thereof This
appointment does not preclude me from acting on mybehalf
` own
Agent Name_ LIV-e../ . ._./< . .4vste AT&T COMMUNICATIONS, INC
VVU •
M7
III,/' t ` ^, ./L_ ( F �L
C)uuthonzed Signature (l utho' ature -
Barbara J. Kirkmeyer C r)iA)
Typed/Primed Name __. nl me -. ..- _
Chairman-Board of County Commissioners
Title --- Title ---- — - -
April 20, 2000 <, t trj)
Date Datr
W
AT&T
ATfCH A 0/97
ATTACHMENT A Pg. / of /
AGENT NAME: Liz/ e,�i (:)",_
PAYEES
[Number LOCATIONS -------
each;i.e., [Enter location address OR payee * \v UNITS
1,2,3 etc.] Name,address and Fed.Tax ID if Multiple] TYPE MARKET Ir beds,
Studen
TELEPHONE NUMBER(s) CODE students)
rc63 ce-S-3 CPct( 330 OgIft-IL
/5 H N n" / , 976 - 3s-4,-yq/y
q/s /o`-" am,+
�/s /rl�` 7O ��s� 99
/ 3y
�ScaF ea) - 3S(a - 9Y8Y
I LI 6 a N /?='- /LC I, -
q7o-3s2 993
./ 3/s A' 4' .6--- /lc
,e_ 970 c2 yY Y7
7 - , yU° N / 7" 4,_ f70 - 3s2 993/
'[Type] Public LEC=LEC Owned ATT=AT&T Owned AGO=Agent Owned VEN=Vendor Provided
hospitality = fiOS
T
AT&T
ATTCI I A with LOA 12/97
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