HomeMy WebLinkAbout921174.tiff RESOLUTION
RE: APPROVE INMATE TELEPHONE SERVICE AGREEMENT WITH AT&T COMMUNICATIONS, INC. ,
AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Inmate Telephone Service
Agreement between AT&T Communications, Inc. , and Weld County Government, with the
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Inmate Telephone Service Agreement between AT&T
Communications, Inc. , and Weld County Government be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 14th day of December, A.D. , 1992.
P / ,„ ) BOARD OF COUNTY COMMISSIONERS
ATTEST: / ,44/.) 14,4g,..o„' _ WELD COU TY, COLORADO
Weld County Clerk to the Board
Geor e Kenn� y, Chairmann ,
BY: VA•6. 71 " 4 h,/�i_.a�['.z�b-� '�r7`1//Ll�.�ac_
Deputy Cle to the Board Constance L. Harbert, Pro-Tem
APPROVED AS/tO FORM: X x
11
C. W. K.rby
County Attorney Go La 0-:
W. H. Webs er
921174
D pO0o41 cc • UP, A T*T
Appointment of Agent
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
current and any future LEG public telephones installed at all locations under my control throughout
the United States. It is understood that only one "0+" long distance company may be selected for
a LFC public telephone, and that the selection of more than one "0+" long distance company for
a I.FC public telephone may invalidate any choice. It is further understood that there may 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.
Weld County Government
Company
P . 0. Box 758
Address Signature
GEORGE KENNEDY
Greeley, CO. 80632
CHAIRMAN. COUNTY COMMISSIONERS
City, State, Zip Code Name and Tide
303-356-4000 12/14/92
Business Telephone Number Date
,%u
ATTEST: D
O /, V
211NG/
WELD UNrY CLE ' T THE BOARD
BY:
D PU CLERK TO THE BOARe-
I
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ART
7067 M
921174
AT& ndividual Commission Agre• ent
AT&T
This Agreement is entered into between AT&T Communications,Inc.,acting on behalf of the Interstate
Division of the American Telephone and Telegraph Company and the AT&T Communications interexchange
companies (hereinafter `AT&T") and Q Weld County Government C""se^'''
Company 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:
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("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 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 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's records relating
to this Agreement.
6. This Agreement will begin upon the signing of this Agreement by both parties and will 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)
obligations as set forth herein.In addition,if applicable rules and regulations change,so that Agent
is not permitted to select the interexchange carrier for 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. ° Weld Conn Governmen
`^� Company Na
By Autho ed Signature) By (A prized Signe e)
I0- 30 9e, iaji js
Date Date .
Print/Type name: S .T Whit lark 0 Print/Type name: GEORGE KENNEDY
Title: Regional Operations Mgr. Title: CHAIRMAN, BOARD OF COMMISSIONERS
t7 0. Box 758
Z`ompany address
frnr=l ay, Cn 80639
City State Zip Code
303-356-4000
Company telephone number
84-6000-813
0 Federal Tax ID(To issue commission checks)
0016 12-88 -k
Attachment A: ocal Telephone Compan • Public Phones
To ensure you receive your full commission, it is important that
you write down each of your local telephone company public phone numbers.
(Complete one Attachment A fora:for each business address. You may have to copy ibis form
before filling it out ifyou have multiple locations.)
O Weld County Government 0 U S West Communications
COMPANY NAME LOCAL TELEPHONE COMPANY
COMPANY AD6RESSX 758 X NEW ACCOUNT
Greeley , CO . 80623-0758 ADDITIONALLINE(S)
CITY STATE ZIP CODE
County Government DISCONNECTuNE(S)
TYPE OF CO PANY
Jacque Armes
AUTHORIZED CONTACT PERSON
O Local Telephone Company 0 Set Type: 9 Local Telephone Company 0 Set Type:
Public Phone Number Coin or Coinless Public Phone Number Coin or Coinless
303 351 - 8531 Coinless 303 - 351 - 6228 Coinless
303 3• 51 8• 520 303 351 - 8536
303 351 - 8521 " 303 353 5239 "
303 351 8• 523 " 303 351 8534 "
303 3• 51 8• 524 " 303 353 5168 "
303 351 8522 303 - 351 - 8529 "
303 351 - 8533 " 303 351 8527
303 351 - 8528 " 303 351 8525 "
303 351 - 8526 " 303 351 8530 "
303 3• 51 8532 " 303 351 8535
303 353 5126 " 303 353 5147 "
BY: A(i\'/'jCEPTED BY: AT&T
o ORIZED SIGN ail'e IS2 RIZED SIGNATURE
GEORGE KENNEDY, CHAIRMAN BOARD OF S . J. Whitlark
COMMISSIONERS
TYPE OR PRINT NAME TYPE OR PRINT NAME
12/14/92 tO — 3O - '1 -
DATE DATE
303-356-4000
PHONE NUMBER DURING BUSINESS HOURS
AT&T
00171.90 112.'. -- ,w,,1
Attachment B:
AT&T Individual Commission Plan
This form details the AT&T Individual Commission Plan
and needs to be returned with your signed contract
1. The commission rate payable to Agent for each location listed in Attachment A and the term of this
Agreement are set forth below:
Total Number Of Public Telephones Commission Rate
At A Location Routing '0+ On AT&T Non-Sent
InterLATA Calls To AT&T Paid Revenues From
LEC Public Phones
25
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. AT&T reserves the right to
pay commissions on a quarterly or semi-annual basis.
AT&T
0019 3/91
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