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Home My WebLink AboutNYNEXJUDITH T. TEtLRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 26, 1996:- RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Letter of Commitment, NYNEX Usage Agreement, which will allow the Town of Southold to receive significant discounts on home-region local usage, which discounts are based upon an agreement between NYNEX and the New York State Office of General Services which allows all New York State government entities the same terms and conditions the State has negotiated. // Judith T. Te 'ry ~/ Southold Town Clerk November 27. 1996 LETTER OF COMMITMENT NYNEX USAGE AGREEMENT This Letter of Commitment is by and between New York Telephone Company d/b/a NYNEX ("NYNEX") and Town of Southold ("Customer"); WHEREAS, the Customer has agreed to permit the New York State Office of General Services COGS") to secure contracts or enter into agreements with NYNEX on Customer's behalf; and WHEREAS, the OGS has entered into an agreement, under which NYNEX shall provide certain usage services under the terms and conditions ofNYNEX's PSC No. 900 Tariff ("Tariff") to Customer. NOW, THEREFORE, NYNEX shall provide and the Customer agrees to purchase usage services under the terms set forth below. 1. Description of Plan a) The discount plan offered to Customer (the "Plan") provides discounts on selected calls in exchange for (i) a qualifying usage comrmtment from the Customer and (ii) the OGS' meeting certain usage levels in each year the Plan is in effect (the "Discount Term"). b) The Customer must maintain the Minimum Commitment Level as set forth below for the Billed Telephone Numbers listed in Appendix A (the "BTNs"). The Minimum Commitment Level is the aggregate of Qualifying Usage Charges billed to the Customer's BTNs during a given Discount Term. Qualifying Usage Charges are those charges which are billed to Customer for Home Region and Bands A, B, C, and D. Qualifying Usage Charges do not include the following types of calls: (i) Dialed or completed with the assistance of an operator (c.g., collect calls, conference calls, calling card calls, person-to-person calls or any other reclassifications of operator-handled calls), (ii) Calls placed to CIRCUIT 9 Service, Information Number Plan Service, Interactive Information Network Service, Mass Announcement Service, 700,800,888 and 900 Services, or to Group Bridging Service, as those services or numbers are described in the Tariff. 2. Commitment Period Except as otherwise provided under Paragraphs 5 and 6 below, this Discount Plan shall become effective on the Effective Date set forth below and shall terminate on March 1, 2001 or when the OGS agreement expires or terminates, whichever occurs first. Each Discount Term has its associated Discount Level. The Discount Levels which shall apply under this Plan are set forth in Appendix B. The Discount Level which shall apply to the Customer's Qualifying Usage Charges shall be the Discount Level in effect when the Customer joins the Plan. 7/15/96 3. Base Period a) The Customer's Qualifying Usage Charges during the 12-month period ending 7/96 were $12,100.00 (the "Base Period Usage"). b) The Customer agrees to place that volume of Qualifying Calls with the Company such that its Qualifying Usage Charges shall be equal to or greater than eighty (80) percent of the Base Period Usage ("Minimum Commitment"). Customer agrees to meet its Minimum Commitment in each Discount Term. If the Customer fails to meet its Minimum Commitment, or the OGS fails to meet its usage commitment to Company then the Customer will be billed and the Customer shall pay the Company in accordance with Paragraph 4 below. 4. Annual True-Up a) The first Discount Term will end on February 28, 1997. If the Customer has joined the Plan after the start of the Discount Term, then the Customer's total Qualifying Usage Charges for the period will be annualized to determine if the Customer's Minimum Commitment has been met. b) If the Customer's total Qualifying Usage Charges for a Discount Term are less than the amount of the Customer's Minimum Commitment, then the Customer shall refund the difference between what the Customer paid to the Company in Qualifying Usage Charges after application of the applicable Discount Level and what the Customer would have paid at standard tariff rates which were in effect during the Discount Term. The Company will either bill the Customer for the difference, or apply the charges to BTNs selected by the Customer. Customer's participation in the Plan shall terminate at any time that it fails to meet its Minimum Commitment. c) If the Customer meets its Minimum Commitment for the Discount term, but the OGS fails to achieve its usage comnUtment to the Company then the Customer shall refund the difference between what the Customer paid to Company in Qualifying Usage Charges after the application of the applicable Discount Level and what the Customer would have paid at standard tariff rates which were in effect during that Discount Term. d) If the OGS' commitment to the Company is exceeded for the Discount Term such that the Discount Level is higher than what was in effect during the Discount Term then the Company shall credit the Customer's bill in an amount corresponding to the higher discount level. Credits shall be applied against the BTNs of the Customer's choice. e) If the Customer meets its Minimum Commitment, but the OGS' Qualifying Usage entitles the OGS to a lower Discount Level than what was in effect during the Discount Term, then the Customer shall refund to the Company an amount equal to the difference between the higher Discount Level received and the lower Discount Level corresponding to the OGS' actual Qualifying Usage for that Discount Term. 5. Termination (a) The Customer may terminate this Letter of Conumtment upon sixty (60) day prior written notice to Company. Such termination shall be effective at the end of the first billing period following such notice. 2 7/15/96 (bi If CustOmer's temunation is effective within the first six months after the Effective Date, then the Company shall annualize the Customer's Qualifying Usage Charges paid to the Company. The Customer shall retain the discounts given if the Customer's monthly Qualifying Usage Charges, when annualized, would have been equal to or greater than the Customer's Annual Commitment for that Discount Term. In the event the Customer's Qualifying Usage Charges, when annualized are not equal to or greater than the Customer's Annual Commitment, then the Customer shall refund the difference between what the Customer paid in Qualifying Usage Charges after the application of the Discount Level and what the Customer would have paid at standard tariffed usage charges in effect during the six month period. c) If the Customer terminates the Plan aRer the first six months but before the end of the twenty- fourth month from the Effective Date, then the Customer shall refund the difference between what the Customer paid to Company in Qualifying Usage Charges after the application of the applicable Discount Level and what the Customer would have paid at standard tariff rates which were in effect during the 23 month period. The Company will either bill the Customer for the difference or apply the charges to BTNs selected by the Customer. If the Customer's termination is effective after the 24th month, then Company will true-up the Customer's charges in accordance with Paragraph 4 above. d) This Agreement is contingent upon the OGS Agreement. This Agreement shall terminate effective as of the date thc OGS Agreement terminates. The Company shall calculate and the Customer shall pay the Company any charges pursuant to the true-up procedure set forth in Paragraph 4 above. If the OGS terminates the Plan other than on 3/1/98, 3/1/99, or 3/1/00, then the Discount rate that shall apply for Qualifying Calls placed during the Discount Term in which the termination was made shall be either the discount rate in effect in the prior Discount Term, or the Discount rate applicable to the annualized usage revenues for Qualifying Calls for the Discount Term in which the OGS Agreement is terminated, whichever is less. 6. PSC Jurisdiction a) This Letter of Commitment is subject to the jurisdiction of the New York State Public Service Commission and is offered under the standard terms and conditions of the Company's Tariff as well as under those Tariffprovisions which may be required to implement the prices offered under this Plan. In accordance with the Company's tariffed discount plans, the Company may withdraw from this Letter of cormmtment; provided, however, that the Customer shall have the option of migrating to another usage plan which it offers to similarly situated customers. This Letter of Commitment shall not take effect until thirty days after the Company has executed this Letter of Commitment ("Effective Date"). SIGNED TOWN OF SOUTHOLD By:%~ C.~-~ Jean W. Cochran Name (Printed) Title: Supervisor Date: November 26, 1996 ACCEPTED NYNEX Name (Printed) Title: ~l~p,~3 c.~x Date: I ~ - 3 7/15/96 NfifNEX USAGE AGREEMENT ATTACHMENT A APPENDIX B Page I of 1 PLAN YEAR AGGREGATE DISCOUNT ON LOCAL USAGE CALLS 3/1/96 through 2/28/97 3/1/97 through 2/28/98 3/1/98 through 2/28/99 3/1/99 through 2/28/2000 3/1/2000 through 2/28/2001 25% 26% 28% 29% 29% 4 7/15/96 I~YNEX USAGE AGREEMENT APPENDIX A Page 1 of I Town of Southold BTN 5164770689 5167651800 5167655317 5167655182 5167346022 5167347685 5167346022 5167346464 5167650038 5167652600 5167653363 5167655004 5167345211 5167653070 5167653140 5162984460 5164779476 5167652362 5167653667 5167654142 5167655102 5 7/15/96