R91-100RESOLUTION NO. R91-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AI/THORIZING AND DIRECTING THE ~¥OR
AND CITY CLERK TO EXECUTE A CERTAIN
PUBLIC TELEPHONE SERUICE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND SOUTHERN BELL; A COPY OF
SAID AGREEMENT BEING ATTACHED HERETO
AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, upon the recont~endation of staff, it is
eemed to be i~ the best interests of the citizens and
residents of the. City 6f Boynton Beach, Florida by the City
2ommission of ~he City'of Boynton Beach, Florida, %o execute
~ certain Public Telephone Service Agreement for all coin
~elephones on. City property at a 20% commission on revenue
~enerated by ~n~ ph~ne~, al, c~py of said Agreement is being
~ttached hereto' asl ~xh~bit A .
f the
BE IT RESOLVED by the City Commission
Beach, Florida, that:
Section 1.. The Mayor and City Clerk are hereby
~uthoriz~d a~ directed to execute a certain Public
~elep~one Ser%ice Agreement between the City of Boynton
Beach, Florida and Southern Bell, a copy of which is
~ttached hereto as Exhibit "A".
Section 2. This Resolution
~mmediately upon passage.
shall take effect
~PASSED AND~ ADOPTED this /~ day of June, 1991.
CITY OF BOYNTON BEACH, FLORIDA
~TTEST:
Clerk
,Corpo='ate S..a.t ~
Commissioner
Southem Bell
South Central Bell
B~SOO'TH Com~an'~es
Public Telephone
Service Agreement CTN 407 -732-9172 - 92]?
Salesoerson Ro~r d Contract #
This Public Telephone Service Agreement P'Agreement"] is made by and betweer Southern _ __ Sell, a
SeflSouth Company, having ~ts prmmoa~ olace of business at Atlanta t Georgia ("The Company")
and ~~J;on Beach
having its pnncipal p[aceof business ai 100 ~., Boynton Beach BIvclo, Boynton Beach
,"LOCation Provider'b
I. Term Of Contract - Th sAgreementsha be in effect for 3 _years, commencing frae- the date of execution
below.
This
Agreement shall be renewed for 2 additional I year periodlst
af,~Y. '%e original term unless e~ther pady prov des wr tten not ce of. ts ntent on not to renew h's Agreement at least 30 e
p~,~ the expirat on of the or~gma or any renewal term Such notice will be sent to the address o~, f~,~. ;- ~,: ................... _ ?s
d~, n of the original term and any renewal period si. this Agreement sha be extended month to month until 30 days written notice is provided by
eit ~arty.
II. Material- TI' s Agreement applies to the ~nstallation, operahon and maintenance of public telephones, enclosures, and assigned eqmpmenl
furnished by the Company at the time of execution of this Agreement or dude§ the term of this Agreement, whether existing, newly installec or
renova[ed, located at_ All Southern Bell locations - City' of Boynton Beach
The term "Material" is defined herein as the public telephone set and 9nclosure, including but not limited to guard posts, concrete pads, mast poles,
aha sde prepa~ratior Where guard 3osts, concrete gads enclosures, pedestals, bumper pads, or other proper~y of Compan~ are installea ugon me
premises OWned, leased or 3merwme Jnaer me suDervision of Location Provider such ~roperty shall remain in all respects that of the Company. The
Comoany reserves the rignt to remove or relocate mater~al which is subjected to recurring vandalism or insufficient local and IntraLATA traffic to
warrant the continuation of service. Such a right of removal or relocabon Shall not be exercised unreasonably by the Company The Company will
notify the Location Provider m wr hng Of its intention to remove or relocate at least thirty (30) days prior to such action, upon removal of Material by the
Company, the Comoan~ shall restore said Drem~se to ~ts original conditior ordinary wear and tear excegted. However, the Compan~ Shall not be liable
for hoies placed in walls, eillars, or floors or other conditions on the Drem~ses which resulted from th6 proper installation of Material described ner~in
III. Alterations And Attachments - Location Prowder ma~ not make alterations or attachments to Material provided under this Agreemem unless
otherwise mutually agreed upon by both parties.
IV. Remuneration - The Company will install, operate and maintain Material m no charge to Location Provider. The Company will pay Location
Provider remuneration based on 20 % of local and IntraLATA toll money credited to Southern Bet! usage (*See explanation), originating from Material
provide~ by the Company under this Agreement. The Company will provide Location Provider with remuneration on a monthly basis or other, commencing
Such remuneration and compensation will be sent to the address set forth in Section VII ('*Notices").
domestic law of the State of
Location Provider agrees that all charges and remuneration DOliCies are subject to change as required by me apphcabie Public Service
Commission or any omar regulatory or Judicial body with authority to mandate SUCh changes, and that at no brae shall any charge or remuneration
potic? differ from that allowed Dy any regulation or tariff of the applicable Public Service Commission or SUCh other body whether SUCh regulation or
tariff is currently n existence or IS hereafter made known.
~,'~-~* During and after the term of this agreement, including any renewa penodfs), the ComDany snail recogmze aha protect the confidentiality of
rmabon regarding eublic telephone stabon IOCat ons srovided by Location Provider including revenue and remunerabon Bald tO the Location
.~r. and shall not d*SClOSe such information to any par[~ other than Location Provider.
~ V. Location Provider Agrees To:
Reasonably protect the Material against willful abuse and rebor~ any damage, service failure or hazardous conditions to the Comeany
Provide necessary 3ower and Do,var source, and to provide suitable space, accessible to the public, and further reDresents that ~t is authorized
to erov~de said space
P.ermit the Company to disp ay s gns furnished by the Company upon mutual consent: and eot to affix or allow to be affixed any other signs,
equipment or information to the Material unless otherwise mutually agreed upon by boP' parties.
Perrmt.access to its reseect~ve facilities without charge or prejudice to Company employees or representat wes, patrons o~ consignees.
VI. Choice Of Law- The oonstrucbon. Interpretation add performance of this Agreement and all transactions under t sea be governed by the
~ll. Notices - Any notice or demand which under the terms of this Agreemen or under any Statute must or may ge given or made by either party
shall[,~e in writing and sha begivenormadebyma , postage prepaid, addressed to the resoective Darty as follows:
To Company: TO Location Provider:
Public Communications City of Boynton Beach
Contract Administrator Office of City Manager
6451 N. Federal Highway, Room 512 P.O. Box 310
~,..Ft_...La.uderda~ez~.FL' 33308 . / ' Boynton Beach, FL 33425-0310
~m. ~nnre Agreement - ~ms ,~greement, which includes me items on me reverse side, constitutes the entire Agreement between Location
Provider and the Company and may not be modified or amended other than by a written nstrument executed by both parties. Any orders placed by
Locai~l~n Provider hereunder shall incorporate the typed, stamped or written provisions or da a found thereon and in subordinate documents so long
asth~.,typed, stampedorwrittenprovisionofda a merely supp ement but do not vary the provisions o thisA reement
Company:
Southern Bell Tel. Co.
Location Provider:
~rinted or Barry Gibson Printed or
z:__ Date: TAN 59-6000282
CONTRACT ADMINISTRATOR