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R91-004RESOLUTION NO.~gl-6z~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTOM BEACHAND AT&T COMMUNICATIONS, INC.; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a certain agreement between the City of Boynton Beach and AT&T Communications, Inc. to allow the City to participate with the State in an aggregate revenue plan which enablss the City to receive a 19% commission; a copy of said agreement is attached hereto as Exhibit "A". passage. Section 2. This Resolution shall take effect immediately upon PASSED AND ADOPTED this ~day of January, 1991. ATTEST: (Co~orate ~a;) Commissi~er- - --- ~ Cdmm'i ssioner AT&T INDMDUAL COMMISSION AGREEMENT The Individual ) en- tered into between cati~ns,~Inc, acting on behalf of the Interstate Divis~ion of the AmeriCan Teleph0neand Telegraph Company and the.AT&T Communications interexChange companies follows. listed in the Agreeme.nt~ forth below: Agent foreacb ~location set Total Number Telephones, At Rou%ing Calls to AT&T Two years. TheAgreement one-year terms notice of its 3. The commiss upon the and billed to public telephones municipal governmenta Indivi¢ 13 StationsI - The term of the Agreement is extended Initial Commission Rate OnAT&T Non-Sent Paid Revenues From LEC Public Phones 19 Aggregate Monthly AT&T Non-Sent Paid Revehues for a period of )~days' written ingent credit card, the city, county and ing in th~:AT&T/PTI as follows: Commission Rate $0 to $999,999 14% SiM to $1,999,999 16% $2M to $3,999,999 18% $4M to $4,~999,999 19% $5M or more 20% 4. For locations where AT&T does not track revenues from LEC public telephones, AT&T Non-Sent Paid Revenues will be estimated as follows: a. If 25% or more of the LEC public telephones listed in the in trackable areas, AT&T will develop a monthly (MAR) for AT&T Non-Sent Paid Revenues from those phones. The F~LR will be multiplied by the number of LEC public telephonDs in NonTtrackable areas in calculating Agent's monthly AT&T N0~LSent Paid Revenues'. Page 2 b. If fewer than 25% of the LEC public telephones listed in the Agreement are in trackable areas, AT&T shall apply a MAR of $100.00 per telephone in non-trackable areas in calculating Agent's monthly AT&TNon~SentPaid Revenues. 5. AT&T Non-Sent Paid Revenues willbe calculated based on a monthly period beginning onthe 16th day of each calenda~ month and ending on the 15th day of the following month, 6. AT&T will determine by the 15th day of each'month (the ,currentmonth") what the Aggregate AT&T NOn-Sent Paid Revenue of the participating Entities was for the previous 30-day period and, based upon this determination, will pay commissions for the current month based'upon the schedule set forth in Paragraph 3 above. .Any.change in commissi0~ .rate based upon ~he.foregoing determination will be effective as of the first billing day of the month following the month-for which the aggregate non-sent paid revenue of the participating Entities was determined. 7~ Except~as specified below,~ Agent,s initial commission Agent will have its initial commission rate adjusted in subsequen~-~ monthi~ in accordance with the term~of ~his .Amendment. If the Agreement.reflects sion rate than would be available unde~ Paragraph =,' Agent is entitled to r~ceive the higher commission rate specifie~ in~theAgreement. If a~i e pursuant to 3 of this /~mendment~suk in the Agreement, Agent commissionrate. Agreementand this prevail. .tled to ~ the higher ncy betwee~ the terms of the the~terms of this Amendment shall IN W~NESS WHERE OF,~' day ~d.year fir representatives. ~hds as of the through their authorized City of,Boyton Beach (AGENT) AT&T COM/~3NICATIONS, INC. By: (AUTHORIZED SIGNATURE) (Typed or Printed Name) (Title) (Date) "{~AUTHORTZED SIGNATURE) Da~e Williamson (Typed, or Printed Name) Reqional Operations Mqr (Title) [Date)