1989-08-28 Regular Meeting - Laserfiche WebLink

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~ AUG 17 '89 14:53 AC:/CA4It P.2 e I~' .1/ '1 ,'," ..1/ (a) the actuallength of CLCTthat CAN used on behalf of the muncipaIity per the particular rcqucstcd activation thereof to the next nearest mlnutc; or I (b) one hour of CLcrt from tile remaining and unused hours of CLCI' credited to the ~unl of lhc Municipal Corporation. 6. ACl sbal1 thereafter m~ or send via FAX a report of the telephone calls ulade including the number of COP1pletcd c:aIls. The option for a facslmilc transmission is included in the contract, ACI will usc.facsinlile tt8l1$nti"ion to transmit the report immediately upon completion to a Cac.'iillli1e machine alld number furnished by the Municipal Corporation. Municipal Corporation docs/doc:> not wish to include at no additional cost the facsimile traosmwion option. 7. ACI asrces to provide the Municipal Corporation with a maximum of 61 houts of CLef for the term of this agreement. The MUnicipal Corporation acknowledges that all rem"ining and unused hours of CLCT credited to the account of the Municipal Corporation, upon expiration 01' the term of this agrcemenlt shall , be forfeited by the Municipal Corporation. The Municipal Corporation shall have no right torcccivc reimbursement trom ACI Cor. any temaining and unU5Cdhours of CLef. . 8. ACI agrees to provide trained personnel to activate CAN on a lwenty-four (24) hour per day basis, seven days per week. '. . , 9. ACI agrees to notify the Municipal Corporation at such time as the remaining and unused hoUts of CLcr credited to the accouul ot the Municipal Corpo.ration cquab approximately,4O% of the maximum number of hours oC CLcr to be provided by ACI pursuant to Paragraph 7 hereof. Such notice' shall be in . writing and ' shall be for the sole'purposc of enabling the Municipal Corporation to make arrangemcnts with ACI to continue service without interruption. At any time following the receipt of such notice; the Municipal Corporation shall have the right to add to or restore its accoW1t to the maximum. number of. . hours of CLCT. as provided in Paragraph 7, by pUlcha5ing additional hoUts of CLCI" and making payment," to AC at the rate ot $65.00 per hour of restored CLCr. .: . W. In the ewnt that the amount ot CLCT credited to the account ot the Municipal Corporation .rcaches ,'.... zero during the term ot this agreement, 'ACI 'shall be.under no obligation to provide the Municipal Corporation with additional CLCT. except as provided in Paragl'aph 9 hereof. ACI resCIVCS the right.to lnterruplt WsconUnuc and terminate allY pending CAN co~unication in such event., . 11~ ACI shall not be responsible Cor any acts or omissions of the Municipal Corporation or its administrative office$, their en;aployccs. agents. co.atractors, officers or dircctors rcsul9n~m ACl's fail~c to perform undClt this agreement by rcuon of $trikcs. Acts of God" breakdown oftc1cpho.llc lines and service. power :5hortages or blackouts, or other, c:a.U$C$ beyond ACI's reasonable conuol. ' 12. The parties expressly aclmow!cdge that ACI is coD4'aded by thc MUD.icipal COrporation only for the . purposes and to the extent set lorth in this asreement. and ACl's, rolation to the. Municipal Corporation . shall, during the period or periods hereunder, be that oc. an independent contractor. . ACl shall not be ,,' considered as having employee status. 13. The Municipal Corporation shall pay to ACI such ,tees for its services h~reunder the sum of $11,000.00. Such sum shall be paid upon the execution at this agreement. . . 14. This agreement shall take effect on August 1, 1989 . . and shall cOntinue for a period of one year ending July 31, 1990 unless othcrwise extended in accordance with Paragraph 15 hereof. ~'"":, 'i" page 2 , "', ,'. ., '. "'-< " '[ I .' 'I . "~