R91-70RESOLUTION NO. Rgl-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CORPORATE PLUS RATE PLAN
MASTER AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND McCAW
COMMUNICATIONS OF FLORIDA, INC., D/B/A
CELLULAR ONE; A COPY OF SAID AGREEMENT
ATTACHED. HERETO AS EXHIBIT "A"; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, McCaw Communications of Florida, Inc., d/b/a
Cellular One, has offered discounted toll rates to employees
of the City of Boynton Beach upon the acceptance of such
plan by the City Commission of the City of Boynton Beach;
and
WHEREAS, it has been deemed by the City Commission of
~he City of Boynton Beach to be in the best interests of the
employees of the City of Boynton Beach to accept said plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
3F THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
Boynton Beach, Florida hereby authorizes the Mayor and City
Clerk to execute a certain Agreement between the City of
Boynton Beach and McCaw Communications of Florida, Inc.,
d/b/a Cellular One, said Agreement being attached hereto as
Exhibit A" and made a part hereof.
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this /6 day of April, 1991.
CITY OF BOYNTON BEACH, FLORIDA
~yor ~
Vice Mayor,
C(
ATTEST:
(C~rpora~_ ~al )
CORPORATE PLUS RATE PLAN MASTER' AGREEMENT
THIS CORPORATE PLUS RATE PLAN MASTER AGREEMENT (the "Agreement")is made ano
entered into this , 16th . day of ~p. ril 19 91 by and between McCaw Communicatioqs of
Forda. nc, d~b/a Cellu ar Orie ("C~ ulJr One ) and cit7 of BoTnton ]~eacn (the "Company")
WHEREAS, the Company desires to provide certain benefits'to its employees in regards to cellular
~te,ephone service (the "Service") provided by Cellular One, including without limitation, reduced service
charges to its employees;
NOw, THEREFORE, inconsideration of the foregoing and other good and valuable consideratior% the
parties agree as follows:
1. Corporate Plus Rate Plan. Cellular One agrees to offer, on the terms and conditions set
forth in the Corporate Plus: Rate Plan applicable to the Company, as amended from time to time by Cellular One
~;(the "Corpora~t~e?lus Ra~ ~ Plan"), the Service to those bona fide, full-time employees of the Co~mpeny who
qualify for the benefits of the Corporate P us Rate P an (the "Corporate P us Rate Plan EmpoYees"). This
Agreement may be terminated by either party upon thirty (30) days prior written notice delivered to the
~ other party. Cellular One :may terminate the Agreement immediately at any time at which Company ceases to
i{ake financial resPonsibility for the Service to at least 25 cellular phones. If this Agreement is terminated by
ieither party, the Company shall simultaneously tarminate all of its Agreements with its Corporate Plus Rate
'~P an Employees, unless otherwise instructed by Cellular One_
2. ,--'= -- -- --... As inducement to Cellular One entering into this Agreement. me
;ompany shall execute, and shall cause each of its Corporate Plus Rate Plan Employees to execute, the
greement for QorpOrate ,Plus RataPlan in the form attached hereto as Exhibt A (the "Employee Agreement")
';~ihd physically: deliver: (no~ telefax) each Employee Agreement to Cellular One (at the address designated by
Cellular One in writing, from time to time) prior' to the date the Service is activated for each Corporate P us
Rate Plan Employee.
3. Termination of Employer-Employee Relationshin~ The Company agrees to notify
Cellular One, within thirty (30) days, of the termination of resignation of any Corporate Plus Rate Plan
Employee as an employee of the Company.
4, Miscellaneous. This Agreement and the exhibit attached hereto represent the entire
understanding and agreement between the parties with respect to the subject matter hereof. This Agreement
may not be amended, supplemented, or waived orally, but only by a writing signed by the party as to whom
enfomement of~ any such amendment, supplement or waiver is sought and making specific reference to this
Agreement. This Agreement and all transactions contemplated by this Agreement shall be governed by, and
,construed and enforced in accordance with, the taws of the State of Florida without regard to principles of
~conflict of laws. Should any part or portion of. this Agreement be found invalid, the balance of the provisions
shall remain unaffected and shall be enforceable. No failure or delay m exercising any right, power or
~3rivilege by Cellular One under this Agreement shall operate as a waiver of such right, power or privilege,
and no single or partial exercise by Cellular One of any right, power or privilege hereunder shall preclude any
other or future exercise thereof. Each and every fight and remeay shall be cumulative and shalt be in addition
~o every other r~ght and remedy given hereunder or now or hereafter existing at law or in equity or by statute
Or otherwise. All of the terms and prcvislons of this Agreement, whether so expressed or not, shall be binding
.=~J3on, inure to t~ne benefit of, and be enforceable by the parties and their respective legal representatives.
· uccessors and permitted assigns.
Cellular
One'
IN WITNESS WHEREOF, the parties have executed this Agreement on the date ancl year first above
written.
CELLULAR ONE:
McCaw Communications of Florida.
Inc. d/b/a Cellular One
By:~~
COMPANY:
CITY OF BOYNTON BEACH
By:
Its: Arline Weiner, Mayor