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Home My WebLink About022934 ORD - 05/20/1997AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE APPROXIMATELY A FOURTEEN -MONTH USE AGREEMENT WITH AT&T COMMUNICATIONS, INC. TO PROVIDE CREDIT CARD PAY TELEPHONE SERVICES TO VARIOUS CITY FACILITIES FOR A 20% COMMISSION, WITH THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE YEAR TERMS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS. SECTION 1. That the City Manager or his designee, is hereby authorized to execute approximately a fourteen -month Use Agreement with AT&T Communications, Inc. to provide credit card pay telephone services to various City facilities for a 20 % commission, with the option to extend for five additional one year terms. The Use Agreement is attached as Addendum A to this ordinance LO ord 1.020 April 18, 1997 �} 3 MICROFILMEL Tha of Ihe � for oing ordinance }i read for the first time and passed to its second reading on this theme- ay fi l 19 q, by the following vote: 1 Loyd Neal Jaime Capelo, Jr. Melody Cooper Alex L. Garcia, Jr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols That the foregoing ordinance was read for the second time and passed finally on this the 41-11 day of (Cl , 19 till , by the following vote: J Loyd Neal(` c Betty Jean Longoria Jaime Capelo, Jr. Melody Cooper Alex L. Garcia, Jr. Arnold Gonzales PASSED AND APPROVED, this the ATTEST: City Secretary John Longoria Edward A. Martin Dr. David McNichols Day of I r lai 19 97 . MAYOR THE CITY OF CORPUS CHRISTI APPROVED: 02'3 DAY OF ( Lv-P, 19 en . JAMES R. BRAY, JR., CITY ATTORNEY By: A iy/ Lisa Ortiz Assistant City Attorney Lo\ord1.020 April 23, 1997 r USE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND AT&T COMMUNICATIONS INC. WHEREAS, the City of Corpus Christi, a Texas municipal corporation ("City') and AT&T Communications Inc. ("AT&T") desire to enter into an agreement whereby AT&T will install and maintain in good working order credit card telephones on various City premises. NOW, THEREFORE, the City and AT&T. in consideration of the mutual covenants contained herein. agree as follows: 1. Term. Section 3 of the AT&T Public Telephone Station Commission Agreement is replaced with the following language: This Agreement will begin as of the 16th day of the month following the signing of this Agreement by both parties and shall be coterminous with the AT&T Individual Commission Agreement Renewal Amendment between the parties which became effective September 16, 1996 and which is scheduled to expire on Septemer 15, 1998. This Agreement may be renewed at the City's option for five (5) additional one (1) year terms, under the terms and conditions as set out herein. The City may exercise its option to renew the Agreement by providing AT&T with written notice at least thirty (30) days prior to the end of the primary or extended term of the Agreement. Notwithstanding anything else herein, either party may terminate this Agreement upon sixty (60) days prior written notice. Upon termination of this Agreement, AT&T shall have right to enter the premises and remove the Stations and wiring that it has provided. 2. Proprietary Information. Section 5 of the AT&T Public Telephone Station Commission Agreement is replaced with the following language: Any technical or business information or data disclosed or furnished to the City by AT&T ("Information"), including all Information relating to AT&T calls, shall remain the property of AT&T and when in tangible form shall be returned upon request. Information that is a trade secret or commercial or financial information obtained from AT&T may be confidential by statute or judicial decision and as such may be excepted from public disclosure by Chapter 552, TEXAS GOV'T CODE. It is specifically provided that AT&T shall identify for the City in writing any information which it asserts is confidential as a trade secret or commercial or financial information and which may come into possession of the City as a result of this Agreement. Such material shall be conspicuously identified by identifying the confidential information on each page containing such information. In the event that such material is not conspicuously identified, AT&T agrees that such material is public information. If a request for public disclosure of such information is received, the City agrees that material identified by AT&T as confidential shall be submitted 4nLLO\2400004 .%larch 13 1047 1 to the Attorney General of Texas in accordance with Chapter 552, TEXAS GovT CODE for a determination regarding its confidential status. 3. Entire Agreement; Amendments. Section 8 of the AT&T Public Telephone Station Commission Agreement is replaced with the following language: This Agreement and any Attachments 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. 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 Attachment A may be amended upon agreement of the City Manager and an authorized representative of AT&T. An amended Attachment A will be filed with the City Secretary. 4. Supersede. The terms and conditions set out herein supersede any terms and conditions of the AT&T Public Telephone Station Commission Agreement, to the extent of any conflict therewith. 5. Agreement. The terms and conditions of the AT&T Public Telephone Station Commission Agreement, attached and incorporated as Exhibit A shall govern this Use Agreement, except as superseded as set out above. THE CITY OF CORPUS CHRISTI AT&T COM ICAC 1 NS�NC. By: By: �«-o� Name: Bill Hennings Name: ORAIL/IJ Title: City Manager Title: SA LES DI R FCTO,C. Date: By: Name: John Bacon Title: Director, Municipal Information Systems Date: ATTEST: Armando Chapa, City Secretary Approved: day of , 1997. James R. Bray, City Attomey By: Lisa Ortiz. Assistant City Attorney 9MLOM1400 004 March Ii. 1997 Date: 7- 3!- 97 EXHIBIT A AT&T PUBLIC TELEPHONE STATION COMMISSION AGREEMENT This Agreement is entered into between AT&T Communications Inc. (hereinafter "AT&T") and City of Corpus Christi (hereinafter "Establishment") for the installation and maintenance of Public Telephone Station Equipment at such of the Establishment's locations as may be mutually agreed upon and identified herein. I. AT&T Responsibilities AT&T will install and maintain in good working order, the Public Telephone Stations, enclosures and ancillary equipment ("Stations") of the types, in the quantities, and at the locations set forth on Attachment A hereto ("Locations"). AT&T shall, at its expense: (a.) pay Establishment a commission as specified in Attachment B on the billed revenue from AT&T undesignated Non -Sent Paid Calls (i.e., collect, billed to third number and calling card calls, excluding AT&T 700, 800 and 900 Service and Directory Assistance calls) placed from the Stations at the Locations, provided that Establishment complies with all of the requirements herein; (b.) provide such signage as may be mutually agreed upon; (c.) restore areas affected by equipment removal according to reasonable requirements set by the Establishment if such removal should become necessary. All commissions due for all Locations shall be aggregated in a single payment to be made monthly and forwarded to Establishment as follows, except that AT&T reserves the right to pay commissions on a quarterly, semi- annual or annual basis. TO: City of Corpus Christi Estzblishmed P 0 Box 9277 Address Corpus Christi TX 78469-9277 City State Zip John Bacon Attention Title to the Stations and any station wiring that AT&T provides shall remain at all times in AT&T. 2. Establishment Responsibilities Establishment agrees to permit operation of such Stations at the Locations and shall, at its expense: (a.) provide reasonable space and lighting at Station Locations; (b.) be responsible for maintaining the electrical service and for payment of recurring utility service bills; (c.) keep the Stations clean and the Station Locations free from debris and obstructions; • (d.) take reasonable precautions to protect AT&T property from damage, vandalism, theft or hazardous conditions and promptly report any damage, vandalism, theft, service failure or hazardous condition to AT&T; and, (e.) provide AT&T, its agents or representatives access to the Stations at all times. No equipment or information shall be affixed or attached to the Stations unless previously authorized in writing by AT&T. 3. Term This Agreement will begin as of the 16th day of the month following the signing of this Agreement by both parties and shall be coterminous with the AT&T Individual Commission Agreement between the parties dated 8-16 , 1993 , (which is scheduled to expire on 8-15 15 1996) and any renewals thereof. This Agreement shall be automatically renewed for additional one year terms unless either party notifies the other at least thirty (30) days prior to the expiration date. Notwithstanding anything else herein, either party may terminate this Agreement upon sixty (60) days prior written notice. Upon termination of this Agreement, AT&T shall have right to enter the premises and remove the Stations and wiring that it has provided. 4. Limitation of Liability Except in cases involving willful or wanton conduct, AT&T's liability to Establishment shall be limited to its obligations to pay commissions as set forth above. AT&T SFL4LL NOT BE LIABLE FOR INTERRUPTION OF ATTSTN-PL Ins SERVICE FOR AM RUSE OR FOR ANY LVDIRECT, 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 SUCK LOSS OR DAMAGE), BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. AT&T's rights and obligations regarding its provision of communication services to end user callers is as set forth in its applicable tariffs. In no event shall AT&T or Establishment be responsible for any failure or delay in performing this Agreement if such failure or delay arises from causes beyond its control. S. Proprietary Information Any technical or business information or data disclosed or furnished to Establishment by AT&T ("Information"), including all Information relating to AT&T Calls, shall remain the property of AT&T and when in tangible form shall be returned upon request. All Information shall be kept confidential by Establishment, shall be used only in Establishment's performance hereunder, unless such information was previously known to Establishment free of any obligation of confidentiality or is made public by AT&T. 6. Independent Contractor 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 Establishment. 7. No Third Party Beneficiaries 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. R Entire Agreement; Amendments This Agreement and any Attachments 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, recites that it is an amendment hereto, and is subscribed by authorized representatives of the parties. 9. Notices 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 deposited, postage prepaid, in the United States mail via Certified Mail, return receipt requested. IN WITNESS WHEREOF, the parties have signed this Agreement as of the day and year written below, acting through their authorized representatives. City of Corpus Christi (Establishment) Authorized Signature Bill _Hennings Typed or Printed Name City Manager Title Date 1-74-6000574-1 Federal Tax ID # John Bacon, Director of Municipal Information AT&T COMMUNICATIONS, INC. Systems Authorized Si¢hature ' i G GoliSELini Typed or Printed Name SALES T/RECTOR Title 3-3/-27 Date AT&T An•sM-n 7M — ATTACHMENT A • Pg. 1 of 1 PUBLIC _ NON-PUBLIC X 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 Telephone and Telegraph Company) and the AT&T Communications interexchange companies ("AT&T") and City of Corpus Christi ("Agent") includes the following Location(s) and Telephones listed below: SINGLE Payee Name: City of Corpus Christi(11 Multinle Payees, indicatc below) Address: P.0. Box 9277 Contact Person: City, State, Zip Corpus Christi, TX 78469-9277 John Bacon, Director of Municipal Information Systems Contact Phone Number: (512) 880-3740 Agent ID #: Federal Tax ID # 1-74-6000574-1 ISO #: Bank ID #: PAYEES [Number LOCATIONS NUMBER Of • •• each; i.e., [Enter location address OR payee COVERED UNITS/ 1,2,3 etc.] Name, address and Fed. Tax ID if Multiple] TYPE TELEPHONE NUMBER(s) PHONES MARKET Corpus Christi ATT PP2000 International Airport Credit Card (512) 289-9414 Corpus Christi International Airport Corpus Christi International Airport Corpus Christi International Airport ATT PP2000 Credit Card (512) 289-9418 ATT PP2000 Credit Card (512) 289-9419 ATT PP2000 Credit Card (S12) 289-9421 * [Type of Phone: LEC=LEC Owned Public ATT=AT&T Owned Public AGO=Agent Owned Public HOS=Hospitality IPP=Private Owned Public SOP -Station Optimization Public VEN=Vendor Provided Public] •• [UNITS/MARKETS: i.e., Beds, Students, Rooms, etc. / For IPP and SOPA Offerings, Specify Market Code ] FOR PUBLIC PHONES ONLY 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 LEC public telephones listed on this Attachment A It is understood that only one "0+" long distance company for a LEC public telephone may be selected for a LEC public telephone, and that the selection of more than one "0+" long distance company for a LEC 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. Agent Name city of Corpus Christi Auhaimd Sitpue.e Bill Hennings Typetdahm d N.me City Manager Title Date John Bacon, Director of Municipal Information Systems Date AT&T COMMUNICATIONS, INC. Aattetiad Si MA1&' Ga sCci,J Typed/Printed Name sA Les 7)IREC-7oR Title 3 -3/-97 Date ATT ATTACH A u9a — ATTACHMENT B AT&T PUBLIC TELEPHONE STATION AGREEMENT Commission Payment Plan and Rate Schedule 1. Commission Rate AT&T agrees to pay Agent a commission at the rate of twenty percent (20 %) of revenue from AT&T undesignated Non -Sent Paid Calls from AT&T Public Telephones at the Location(s) listed in Attachment A provided that Agent complies with all the terms of the Agreement. 2. Determination of Revenue From AT&T undesignated Non -Sent Paid Calls: For Locations tracked by AT&T's POINT System, revenue from AT&T undesignated Non -Sent Paid Calls will be credited as they are tracked in that system. For Locations which will not be tracked in the AT&T POINT System, revenue from AT&T undesignated Non -Sent Paid calls will be estimated as follows: Data in the AT&T POINT System shall be used to determine a monthly average revenue per Station for those Stations in the trackable Locations. This figure shall then be multiplied by the number of Station's in Establishment's non - trackable Locations in determining comntissions due to Establishment for such Stations. City of Corpus Christi Agent Name Authorized Signature Bill Hennings, City Manager Date John Bacon, Director of Municipal Information Systems Date z^� AT&T SIN N. 8 PLAT rqf