HomeMy WebLinkAboutR-1989-052 RESOLUTION NO. 52-89
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN SOUTHERN
BELL TELEPHONE COMPANY AND THE CITY OF
DANIA; AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS , the City Commission, City Manager and City Attorney
of the City of Dania, Florida, have reviewed the attached form of
Agreement and find it to be appropriate to the needs of the City
of Dania.
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the City Commission of the City of Dania,
Florida, does hereby approve the Agreement between Southern Bell
Telephone Company and the City of Dania, a copy of which is
attached hereto and made a part hereof as Exhibit "A" .
Section 2 . That the Mayor-Commissioner, City Manager and
City Clerk-Auditor are hereby authorized and directed to
forthwith execute said Agreement on behalf of the City of Dania,
Florida.
Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 25th day of April , 1989.
i�..�_ _n
MAYOR - COMttTSSIONER
ATTEST:
l
CITY CLERK-AUDITOR
APPROVED /FOR FORM AND CORRECTNESS
BY:�-"e, C.• e,&
Frank C. Adler, CITY ATTORNEY
I
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f� rn Southe Public Telephone RFrr85<
"*i South Central Bell Service Agreement 14.88'
/EILSCVTNCon4arves
salesperson Contraxa a
7 (/"&AN
This Agreement made this z day or jA p 2 /C ,,g by and between Southern
Bell Telephone Company, a corporation,having Its principal place of business at — Atlanta GA
and C �./ ("The Company")
having its principal place of business at / ff Q
a company
1" Agent").
I. Term Of Contract-This Agreement shall be In effect for 3 years,commencirg on Zo to / Z
This Agreemen shall renewed for Z additional
and alter year period(s)from
,�._,unless either party provides written notice of Its intention not to renew this Agreement,at least 3 days
prior to the ex iratlo or the original or any renewal farm. Such notice will be sent to the address set forth In Section VII("Notku"). Following the
duration of the original term and any specified renewal period, this Agreement shall be extended month to month until 30 days written notice n
provided by either party.
II. Material-This Apr me Ilea to the Installation,opera ion and maintenance of public telephones and enclosures, newly Installed or
renovated on or other located at _� C L O G is 7 /0 I✓ I-'
The term"Material" is defined herein as the public telephone set and enclosure,including but not limited to guard poste,concrete pads,most poles,
and site preparation. Where guard posts, concrete pads,enclosures, pedestals, bumper pads, or other property or Company are Installed upon the
premises owned. leased or otherwise under the supervision or Agent,such property shall remain in all respects that of the Company,with Company
reserving the absolute right to remove such facilities without consent of Agent. Notwithstanding the foregoing,however,Company shelf restore said
premises to their original condition should it determine to remove Its facilities, except as otherwise provided in Section XI of thieAgreement. This
Agreement also applies to all public telephones and associated equipment furnished by the Company and in Service on Agent's premises ae of the
date of this Agreement.
Ill. Alterations And Attachmonis-Agent may not make alterations or attachments to Material provided under this Agreement, unless otherwise
mutually agreed upon by both panes.
IV. Remuneratlon-The tom pony will install,operate and maintain Material at no charge to Agent.The Company will pay Agent remuneration
based on _ I hof local and IntraLATA Revenue plus
.03 (cents) per InterLATA Minutes of use
Originating from Material provided by the Company under this Agreement. The Company will provide Agent with remuneration on monthly basis
commencing after installation.Such remuneration and compensation will be sent 10 the address set forth In Section VII("Notices").
Agent agrees that all charges and remuneration policies are subject to change as required by the Fl nri via
Public Service Commission or any other regulatory or Judicial body with authority to mandate such changes, and that at no time shall any charge or
remuneration policy differ from that allov,ed b; sny regulation or tariff or the_ Fl Ori dd
Public Service Commission or such other body whether or not such regulation or tariffs is currently In existence or is hereafter made known.
V. Agent Agrees To:
(a) Protect the Material against willful abuse and report any damage,service failure or hazardous conditions to the Company.
(b) Provide suitable space,accessible to the public,and necessary power source.
(c) Charge Company(tarlffed)rates for all local and intraLATA massages.
(a) Display all signs furnished by the Company and not to affix or allow to,be affixed any other signs, equipment or information to the Material
unless otherwise mutually agreed upon by both pill
(0) Permll access to its respective facilities without charge or prejudice to Company employees,agents,patrons or consignees,
VI. Choice Of Law-The construction, Interpretation and performance of this Agreement and all transactions under It shall be governed by the
domestic law of the State of F 1 n ri da
VII. Notices-Any notice or demand which under the)emu of this Agreement or under any statue must or may be given or made by either party
shall be in writing and shall be given or made by telegram or similar communication or by mail, postage prepaid addressed to the respective parties as
follows:
To Company. To Agent:
Public Communications Cl i y 0 P 04w1A
Attn: Contract Administrator
6451 North Federal Hwy. /00 W. Obi.//A 6C# a(VO
Rm. 512 QANi� / Fc
Ft. Lauderdale, Florida 33308
3 ) 00 �
Vlll. Entire Agrearnent•This Agreement constitutes the entire Agreement between Agent and the Company and may not be modified or amenoed
other than by a written instrument executed by both parves. Any orders placed by Agent hereunder shall incorporate the typed, stamped or wooed
Provisions or data, round thereon and in subordinate documents so long as the typed, stamped or written provision of date merely supplement but do
not vary the provisions of this Agreement. Whenever typed, alamped or written provisions of an accepted document conflict with the Agreement this
Agreement Shall control.
(Items I%thou XVI she on the Reverse of Form.)
In Witness Whareoi, the foregoing Agreement has been executed by the parties hereto, in duplicate trig l/day Wild cii 19A
Company: Agent: �'CIIT,YY OF DP IA:
�'�" � �—Kayor C.!;.McElyea
southern Dell Tel & Tel o IjtyManaOar
Rgbert Flatley
Signature: Attest:s':nature:µ� sty Att/ty.F,Adle
1 y— I it
Name Typed) s fpr�
(Printed or MaUreen Gratentein Ntnif lL.urw �l GG/ 4� M
Title Sales Manager EXHIBIT "A".��le�-
' continue/d O� Ilarvaa