HomeMy WebLinkAbout960110.tiff RESOLUTION
RE: APPROVE AT&T COMMISSION AGREEMENT, LEC PUBLIC TELEPHONES;
AMENDMENT TO AT&T COMMISSION AGREEMENT, INMATE CALLING SERVICE; AND
COMMISSION PAYMENT PLAN AND RATE SCHEDULE WITH AT&T COMMUNICATIONS,
INC., AND AUTHORIZE CHAIR 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 AT&T Commission Agreement, LEC
Public Telephones; an Amendment to the AT&T Commission Agreement, Inmate Calling Service;
and a Commission Payment Plan and Rate Schedule between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of Weld
County Phone Service and the Weld County Jail, and AT&T Communications, Inc., with terms and
conditions being as stated in said documents, and
WHEREAS, after review, the Board deems it advisable to approve said documents, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the AT&T Commission Agreement, LEC Public Telephones; the Amendment
to the AT&T Commission Agreement, Inmate Calling Service; and the Commission Payment Plan
and Rate Schedule between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of Weld County Phone Service and the Weld
County Jail, and AT&T Communications, Inc., be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of January, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
/,(5..--,I---/I Z 7\ WEE 2D COUNTY, COLORADO
ilA/LL °" / /1 'h,/,7„,,e/\� �r A $ i .l��i.-� a
a, '=' `� i Barbara J. Kirkmeyer,.Chair
k l C)WF y Clerk to the Board
:( (t Y' - n Beerge Baxter, Pr -Te
, ...,.o-r. putt' Clerk tOhe Board �— ,
Dale K. Hall
AP AS TO FO �iGi�s at •eY ' tc�ztc-'
/1•I Constance L. Harbert
ount ttorney i '� / l if !
W. H. Webster
Ce-: 50i /3/2.5iirs 960110
SO0014
AT&T Commission Agreement
LEC PUBLIC TELEPHONES
This Agreement is entered into between AT&T Communications Inc., acting on behalf of the Interstate Division of the AT&T Corp.
and the AT&T Communications interexchange companies("AT&T")and Weld County("Agent").
1.0 AGENT RESPONSIBILITIES
2.0 AT&ZRESPONSIBTLITIEa
1,1 Agent is responsible for the placement of public
telephones at the location(s) listed in Attachment A to this 2.1 AT&T agrees to pay Agent a monthly commission at
Agreement ("Locations") and Agent has arranged for the the rate as set forth in Attachment B on the billed revenue
placement at such Locations of public telephones owned and from AT&T undesignated Non-Sent Paid Calls (i.e., collect.
operated by a local exchange company("LEC"). credit card and billed to third number excluding 700, 800,
900 and Directory Assistance) placed from the LEC public
1.2 Agent represents and warrants that it is authorized to telephones at the Locations, provided that Agent complies
make decisions concerning public telephone service at the with all requirements of this Agreement.
Locations, including the right to select the primary
interexchange carrier ("PIC") for undesignated operator 2,2 Revenue from AT&T undesignated Non-Sent Paid
assisted ("0+") interLATA calls placed from public Calls will be calculated based on a monthly period beginning
telephones at those Locations, and to perform all of the duties on the 16th day of each calendar month and ending on the
and to receive the commissions set forth below. 15th day of the following month. AT&T reserves the right to
pay commissions on a quarterly,semi-annual or annual basis.
1.3 Agent hereby selects AT&T as the "0+" PIC for the
LEC public telephones at the Locations and appoints AT&T 2.3 Except in cases involving willful or wanton conduct,
as its agent to act in its name and stead, to handle ail AT&T's liability to Agent is limited to its obligations to pay
arrangements with LECs to select AT&T as the "0+" PIC for commissions as described above. AT&T SHALL NOT BE
all current and any Ibture LEC public telephones installed at LL4BLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
all Locations under Agents control. It is understood that only CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF
one "0+" long distance carrier may be selected for a LEC ANY KIND, INCLUDING LOST PROFITS (WHETHER OR
public telephone,and that the selection of more than one "Os" NOT AT&T HAD BEEN ADVISED OF THE POSSIBILITY
long distance carrier for a LEC public telephone may OF SUCH LOSS OR DAMAGE), BY REASON OF ANY ACT
invalidate any choice. It is further understood that there may OR OMISSION IN ITS PERFORMANCE UNDER THIS
be a charge by the LEC for each LEC public telephone line if AGREEMENT.
there is a change in choice of "0+" long distance carriers
following the initial selection. 3.0 TERM
1.4 Agent also agrees that it will promptly sign and 3.1 This Agreement will begin as of the 16th day of the
return any ballot received from a LEC in connection with month following the signing of this Agreement by both
"equal access" for that LEC's public telephones and to name parties and will be in effect for the period of three(3)year(s).
AT&T as Agent's "0+" PIC on the ballot Nothing in this AT&Ts obligation to pay commissions will begin on the date
Agreement requires Agent to route "1+" interLATA calls to that any LEC first implements Agent's selection of AT&T as
AT&T from the telephones covered by this Agreement. Agent's "0+" PIC from the covered telephones. This
Agreement shall be automatically renewed for additional one
1.5 Agent must inform AT&T of the telephone line year terms unless either party notifies the other at lit shiny
numbers for each of the LEC public telephones at the (30)days prior to the expiration date.
Locations and all changes or additions to those numbers.
Agent may direct the appropriate LEC to provide AT&T with 3.2 Either party may terminate this agreement with
such information, but AT&T is not obligated to pay respect to any or all of the Locations if the Federal
commissions described in Section 2.below,unless and until it Communications Commission, a State Public Utilities
has been provided with correct line numbers for the LEC Commission or a court of competent jurisdiction Imes an
public telephones. order or ruling which materially and adversely tts this
Agreement or the ability of AT&T or Agent to perform its
1.6 Agent will use its best effort to retain the placement obligations set forth herein. In addition, if applicable rules
of the public telephones at the Locations during the term of and regulations change, so that Agent is not permit to.
this Agreement. select the interexchange carrier for all "04" dialed intraf.ATA,
960110
calls from the covered telephones, Agent's duty to route all Weld County (Agent)
such calls to AT&T will end, and AT&T may terminate this .., ? ,;
Agreement Termination of this Agreement under this '<`.‘t..
paragraph will not give either party any right to seek damages ' ��
as long as the parties comply with their obligations up to the 1 ,on, S
date of termination. - ,
5.0 INFORMATION �'Tnied.bil ' • e
4.1 All Usage Information relating to AT&T calls
of (LOUP/ COMMISSIONE 3
remains the property of AT&T and must be kept confidential t
by Agent. 0//a24/9‘c
5.0 INDEPENDENT CONTRACTOR Date
5.1 The panics are entering into this Agreement as 84 _ 6 00 n - 8 I 3
independent contractors. This Agreement is not intended to Federal Tax ID Number
create. nor shall it be construed as creating, any type of
partnership, joint venture, or franchise relationship between
AT&T and Agent. AT&T COMMUNICATIONS,INC.
6.0 NO THIRD PARTY BENEFICTARTEi
6.1 This Agreement shall not provide any person not a Authorized Signs tg aye
parry to this Agreement with any remedy, claim, liability, Raalonai Sales Manager
reimbursement commission, cause of action or other right in
excess of those existing without reference to this Agreement. Typed or Printed Name
7.0 GOVERNING LAW
Title
7.1 This Agreement shall be governed by and interpreted r/�/��
according to the domestic laws of the State of New York.
Date
8.0 ENTIRE AGREEMENT
8.1 This Agreement and any Attachments hereto
constitute the entire understanding between Agent and
AT&T. 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 except that the
Attachment A may be modified by Agent requesting and
AT&T agreeing to and acknowledging such modification.
9.0 NOTICES
9.1 All notices which may be given by any parry to the `F
other party shall be in writing and shall be deemed to have ATE
been duly given on the date delivered in person or deposited,
postage prepaid, in the United States mail via certified mail,
return receipt requested.
960110
ATTACHMENT B
AMENDMENT TO AT&T COMMISSION AGREEMENT
INMATE CALLING SERVICE
The Agreement entered into on C 16, 19912, (hereinafter "Agreement") between AT&T Communication Inc
acting on behalf of the Interstate Divisio . of f AT&T torn. (formerly American Telephone and Telegraph Company) and the AT&T
Communications interexchange companies(hereinafter"AT&T")and Weld County (hereinafter"Agent") is hereby amended to include
the following!
1. AT&T agrees that there will be no additional cost to Agent for AT&T's provision of AT&T Inmate Calling Services ("ICS") to
Agcnt. This Amendment shall apply to all inmate telephones at the Locations, whether such telephones are provided by a LEC, by
AT&T, or by AT&T's vendor. The customized ICS elements requested by Agent for each facility arc specified in Exhibit 1 hereto.
2. In order to provide ICS, AT&T will cause certain "control" equipment to be placed at either Agent's premises or an off-premises
location; however, that to the extent such equipment is already in place at the Agent's premises and compatible with ICS, AT&T will
use that existing equipment. The ICS equipment shall be maintained in proper working order to insure the functioning of the ICS
features. If the equipment is placed at the Agents premises,Agent shall provide necessary space,power, heat, air conditioning, and any
other reasonable requirements necessary for the functioning of the equipment required to provide ICS. Agent shall permit AT&T or its
vendor reasonable access to the equipment in order to maintain the equipment.
3. All equipment placed pursuant to paragraph 2 above to provide ICS shall remain the property of AT&T or its vendor, as the case
may be, and at the termination or expiration of this agreement, AT&T shall have the right to enter the premises,under the supervision
of Agent, and remove any said equipment placed thereon pursuant to paragraph 2 above. Upon removal of the equipment, neither
AT&T nor its vendor shall be responsible for restoring the premises to their original condition, provided however, that AT&T or its
vendor shall be responsible for any extraordinary damage to the premises to the extent such damage is caused by the negligence of
AT&T or its vendor.
4. In the event, AT&T is unable to provide ICS as of the effective date of this Agreement, as defined in Section 3 of the Agreement,
then AT&T will provide its standard live operator services to connect the inmate's call to the called party until it is able to provide ICS.
5. The commission rate payable to Agent for each Location listed in Attachment A, is Thirty Percent (30%) of revenues from AT&T
Non-Sent Paid Collect Calls placed front the Inmate Telephones, the total number of which is 25.
6. AT&T shall pay to Agent a quarterly commission of Three Thousand Nine Hundred Dollars ($3,900.00)during the initial Term of
the Agreement. AT&T will make payment to Agent by the tenth (10th) of the month beginning the calendar quarter (January, April,
July. and October). At the end of each twelve (12) month anniversary period, AT&T will review the actual commissions earned by
Agent. AT&T will pay Agent the excess of the actual commissions earned above the guaranteed quarterly commission, if any, within
forty-five(45)days after the expiration of the twelve month period.
7. In the event of any dispute or inconsistency between this Amendment and the Agreement, the terms of this Amendment shall
prevail.
Weld ounty_ (Agent/Facility) AT&T COMMUNIC TIONS, INC.
•
'ihorisos ttpa ✓ Authorised Signa re
KI AE EP
\', yerhr,rinted`N a Typed or Printed Adz Mayer
Regional Sales Manager
�D CCrUN I �n'1�111 IQN RS 9
Title
01/ 1-/q6, //dn
Date Date
R4 - lono n - 8 13
Federal Tax ID
ATTACHMENT Is
COMMISSION PAYMENT PLAN
AND RATE SCHEDULE
1. AT&T agrees to pay Agent a commission at the rate of twenty-two percent (22%) of revenue from AT&T undesignated Non-
Sent Paid Calls tracked from Telephones at the Location(s) listed in Attachments A, provided that Agent complies with all of
the terms of the Agreement.
2. Commissions 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, semi-annual or annual basis.
3 Agent will use its best efforts to retain the placement of the public telephones(if any)during the term of this Agreement.
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960110
WELD COUNTS!"1,1410L
EXHIBIT 1
Inmate Calling Service
Anent Information
Agent Name Weld County Date Contract Signed
Expected Implementation Date
Facility Name Number of Inmates
Controls Requested
Yes Nit Det '
ON-PREMISE
OFF PREMISE ._
PIN IF YES; with list without list
LOCAL TIME LIMITS ____ ____ IF YES: Length of time
LONG DISTANCE TIME LIMITS IF YES: Length of time
HOUR OF DAY RESTRICTIONS IF YES: Specify Hours
TOTAL DURATION RESTRICTION IF YES: Specify
NUMBER OF CALLS RESTRICTION IF YES: Specify
PASSIVE CALL ACCEPTANCE
ACTIVE CALL ACCEPTANCE
ADDITIONAL EQUIPMENT NEEDED
a
AT&T
960110
WELD COU:W:'"'
Weld County
4.
4.
Phone Serviceear
40
101
3/4 3/413/4
��.
TO: Ed Jordan, Weld County Sheriff
FROM: Pat Persichino, Director, Weld County General Services
Jacque Armes, Phone Services Manag 1C,
SUBJECT: Recommendation of Collect Calling mate Telephone System
DATE: December 6, 1995
Information was faxed to all the organizations on the attached vendor list. Eight organizations
responded to the request for information regarding the inmate calling system
Vendor Man. Optional Opera 'inv. Revenue Organiz- References
Require Require Issues Require tional
Ameritel All yes All yes All yes Normal 40%if Tyr Stan 1991 2 in CO
contract
CCS All yes All yes All yes Normal 25% Start 1-993 None in
CO.
Gateway All yes All yes All yes Normal 40% Start 1989 3 in CO
Global All yes All yes All yes Normal 29%low Start 1989 2 in CO
39%high
NAC All-yes All yes All yes Normal 1-39.5% Start 1989 1 in CO
Help 7am- 2-40%
7pm only 3-40.5%
NAI All yes All yes All yes Normal 43.7% 5 Start 1987 None in CO
yr. contract
SIC All yes All yes All yes Moisture 39.5%-5 Start 1990 1 in CO
free env. yr_contract
US West All yes All yes All yes Normal 40% Start 1978- 2 in CO
AT&h Guarantee 2 service
"f-Netix $75,200 techs in
Annually Greeley
Cli\j7„ . 0, Q ;t itt , !cili U
cjic .
60110
Recommendation_
Weld County Phone Service is recommending that contracts be signed with US West and AT&T
for the following reasons. US West and AT&T will guarantee $75,200 annually with payments
being made quarterly in advance. If revenues exceed the guaranteed contract amount the extra
money will be paid on a yearly basis at the commission rate of 40% on the local calls and 30%
on the long distance calls. The site administrator, Susan McGuire, lives here in Greeley and
handles all systems and phone problems as well as any other difficulties encountered by inmates
or the people the inmates call. Bob Lechman-and LeRoy Kats, the two local service technicians
do the local equipment changes and are provided with two backup technicians in Ft. Collins, Co.
The current system is already installed and working well. We recommend that a three year
agreement be signed because three years appears to be a good interval for reevaluating services
of companies which provide inmate calling services.
Weld County Phone Service did not recommend North American Intelecom even though the
commission rate shown in their proposal is 43 7% because it requires that a five year contract be
signed. Also the service technicians would have to come from Denver, and there would not be a
local site administrator to handle problems The site administrator function would have to done
by Weld County Sheriff Personnel. The additional 3.7% would not cover the additional staff
costs for site administration. The company does not have any installed sites in Colorado at this
time.
If you have questions regarding this recommendation please call Jacque Armes at extension
4244.
960110
-- AT&T
1875 Lawrence Street
Denver,CO 80202
Jacque Armes
Weld County Government
915 10th Street
Greeley, Colorado 80632
Dear Jacque:
AT&T is pleased to respond to Weld County Sheriff's Office request for the
provisioning of inmate telephone service. AT&T's response is in partnership with
U S WEST Communication Inc. and T-NETIX, INC., formerly Tele-Matic
Corporation.
All three of our companies are dedicated to continue to provide Weld County
with the best available inmate telephone system anywhere in the world. AT&T for
the interstate, inter-LATA and International service, U S WEST for the local and
intra-LATA service, and T-NETIX, INC., the leading manufacturer of inmate call
control systems.
AT&T and U S WEST will guarantee annual commissions of $75,200 with
quarterly commission checks.
I look forward to continuing our partnership with Weld County in providing a
quality inmate telephone system and long distance service.
Sincerely,
thy Holmes
Account Executive
960110
AT&T
1875 Lawrence Street
Denver,CO 80202
January 4, 1996
Jacque Armes
Weld County Government
915 10th Street
Greeley, Colorado 80632
Dear Jacque:
Per our conversation, enclosed is the AT&T O+ Public Telephone Agreement for
the inmate phones and county public payphones. This renewal agreement is for
three years and includes an increase in the commission rates for both services.
The county will receive a guaranteed quarterly commission payment of$3,900
for their inmate phones at a commission rate of 30%. At the end of the 12 month
cycle AT&T will review the actual commissions earned and will pay the county
the excess of the actual earned if any are due. In addition the county payphones
will be paid a commission rate of 22% of the revenue.
As you requested the agreement has been signed by AT&T. Once the
agreement has been signed by the county please forward it back to me in the
enclosed envelope.
I look forward to continuing our partnership with the county. If you have any
questions feel free to call me collect on 303-751-7512.
Sinc ely, �������
athy Holmes
Account Executive
960110
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