HomeMy WebLinkAbout1988-227
RESOLUTION NO. 88-227
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
1 THE EXECUTION OF AN AGREEMENT WITH GENERAL TELEPHONE COMPANY
OF CALIFORNIA RELATING TO THE INSTALLATION OF ALL PUBLIC
2 TELEPHONES ON CITY-OWNED PROPERTY.
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City
an agreement with GENERAL
TELEPHONE COMPANY
OF
CALIFORNIA relating to the installation of
all public
telephones on City-owned property, a copy of which is
attached hereto marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the
Mayor and Common Council
of the City of
San Bernardino at
meeting thereof, held
reqular
a
on
the
5th
July
, 1988, by the following
day of
vote, to wit:
AYES: Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS: None
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23 04?~~~
24 /' City Clerk
25 The foregoing resolution is hereby approved this LtL
ABSENT:
None
day
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of
July
1988.
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Evlyn Wilcox, Mayor
City of San Bernardino
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RESO RE: APPROVAL OF AGREEMENT FOR INSTALLATION OF ALL PUBLIC
TELEPHONES ON CITY-OWNED PROPERTY
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Approved as to form
and legal content:
~~
/ ity Att ey
General Telephone Company of Callfornii
am
. . 4. I .
PUBLIC COMMUNICATIONS
PUBLIC TELEPHONE AGREEMENT
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CITY OF SAN BERNARDINO
(CU6tomer Bu.;nnt NarM)
and GENERAL TELEPHONE COMPANY OF CALIFORNIA ("GTe") agree as follows:
INSTALLATION/ACCESS
("Customer")
1. Customer grants GTC permission to install and maintain public communications services
and related equipment (uServices") at
("Premises").
GTC shall have the right of access to the Premises during normal business hours (including at least 8:00
a.m. through 5:00 p.m., Monday through Friday) for the purposes of inspecting, repairing, maintaining,
replacing and removing such Services and collecting coins therefrom.
2. If, for whatever reason other than accidental fire or natural disaster, Customer fails to provide
GTC access to Services at the Premises for thirty (30) days after demand, Customer shall promptly pay GTC
the replacement cost of GTC's said Services.
3. GTC and the Customer have agreed on the location of the Services. GTC will place signage, as
it deems appropriate, directing individuals to the public telephone(s) at the Premises. Should Customer
remodel the Premises in the vicinity of any Services, Customer shall give GTe 15 days notice before
commencing work. GTC may move, remove, or take any other action with regard to the affected Services
which it deems appropriate.
4. Where deemed necessary by GTC, GTC may, at its expense, install, or arrange to have
installed, bumper posts and/or concrete pad(s) with anchor bolts in conjunction with the Services. Title to
such installations shall vest in Customer.
MAINTENANCE
5. GTC will provide a periodic cleaning of outdoor boothing facilities. The Customer will keep
the vicinity unobstructed and clean. The Customer shall (a) provide, at Customer expense, uninterrupted
electrical power to illuminate the boothing facilities and any lighted telephone sign(s), (b) report promptly
to GTe repair service (611 and/or other such number as GTC may designate) the failure of the Services,
destruction of or any damage to the Services, or any condition which would make the Services unsafe or
otherwise adversely affect the use of the Services. In the case of unsafe conditions in or around the Services,
the Customer shall immediately take all necessary and reasonable measures to protect the public,
including, but not limited to, posting warnings and preventing access.
ADVERTISING
. 6. GTC sha~l have the exclusive right to place advertising
~n or on the equ~pment and/or boothing facilities (including
custon,te7' prov~ded boothing or similar facilities). Such
advert~s~ng shall be limited to the GTe company logo. Customer
shall keep such equipment, boothing and other property free from
all ~ther forms of advertising, stickers, notices and other
fore~gn materials including telephone directories other than
t~ose provi~ed by GTC. GTC shall not allow advertising of any
~~nd by th~rd parties to be placed in or on its equipment or
facilities.
INDEMNITY
7. Customer warrants that Premises are owned or leased by Customer and that Customer has
the authority to enter into this agreement. The Customer shall notify GTe in writing. within two business
days if Customer relinquishes or otherwise loses this authority or vacates the Premises. Customer hereby
agrees to release, defend and indemnify GTe from any loss, cost, damage, expense, or liability arising in
connection with the performance of this agreement and caused in whole or in part by the lack of authority of
Customer and/or by acts or omissions, negligent or otherwise, of Customer, regardless of the negligence of
GTe or its agents or contractors, except when such loss, cost, damage, expense or liability is shown by court
judgment to arise from the sole negligence or willful misconduct of GTC.
8. Customer shall be responsible for damages caused by the negligence
of its officers, agents and employees occurring in the performance of this
agreement. GTe shall be responsible for damages caused by the negligence of its
officers, agents and employees occurring in the performance of this agreement.
It is the intP-ntion of Customer and GTC that the provision of this paragraph be
interpreted to impose on each party responsibility for the negligence of their
respective officers, agents and employees.
9 . (DELETED)
10. The above indemnity obligations include the duty to pay all costs and expenses of litigation
including reasonable attorneys' fees.
TERMINATION
11. (SEE AMENDMENT PAGE 4.)
Within ninety
(90) days of the effective termination date of this agreement, GTe will remove the Services and related
signage. After such removal, GTe shall perform the following: (1) restore asphalt to match surrounding
areas; (2) where pavement has been cut, use grout to fill the void; (3) use topsoil to fill the void in dirt or
planters; (4) disconnect electric power at the Services, (5) remove conduits, boxes, fittings, etc., if exposed
and presenting a safety hazard. After such removal, Customer shall promptly do all things necessary to
make the former Services area safe.
12. Customer understands that considerable expenses are involved in installing, relocating and
removing Services covered by this agreement, which expenses GTC would ordinarily recover over a period. of
several years. In the event the Customer terminates this agreement, or causes the removal of any of the
Services, pursuant to paragraph 1 above, effective on a date less than 12 months from the date of completion
of the installation of the Services, the Customer shall reimburse GTe for GTe's applicable pro rata
Termination costs of installation, relocations, or removals as is further described in Exhibit A attached
hereto and made a part hereof. GTe may, in its sole discretion, secure all or part of such reimbursement
from any funds held by GTe which would otherwise be due Customer.
13. GTe reserves the right to, in its sole discretion, remove any of the Services covered by this
agreement. If Services are removed at GTC's sole election, all expenses associated with the removal shall be
borne solely by GTe.
RIGHTS OF SERVICEIMODIFICATIONS
14. This agreement shall at all times be subject to such changes or modifications by the Public
Uf'ilities Commission of the State of California or the Federal Communications Commission as said
Commissions may direct.
FORM 60~
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15. The Customer grants GTC the exclusive right to provide all Services at the Premises, and at
all new locations purchased, leased or constructed by the Customer in GTe's operating territory during the
term of this agreement. GTe shall have the right of refusal to provide any and all forms of Services at these
Customer locations.
SEVERABILITY
16. If any provision of this Agreement is held invalid, unenforceable or void, the remainder of the
Agreement shall not be affected thereby and shall continue in full force and effect.
GOVERNING LAW
17. This Agreement shall be governed by and interpreted in accordance with the domestic laws of
the State of California.
COMMISSION PAYMENTS
The Customer & GTC hereby agree that:
o GTC will pay no commission to Customer for the Services at the Premises.
~ GTC will pay Customer 15 percentage of all U.S. coins collected for a period of
One (1) year(s) from the effective date of this agreement. Commission checks will be mailed
to Customer within approximately thirty (30) days after coin collection.
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18. All notices and payments shall be delivered to the parties at the below addresses or such other
address as the parties may from time to time designate by written notice.
GTC
CUSTOMER
General Telephone Company of California
c/o CATV
3500 Willow Lane - RC 1222/M33
300 N. "n" ST.
Thousand Oaks, California
SAN BERNARDINO, CA 92401
91361-4921
19. Telephone numbers initially subject to this agreement are as follows:
ENTIRE AGREEMENT; AMENDMENTS
20. This Agreement and any Attachments appended hereto constitutes the entire understanding
between the parties and supersedes all prior understandings, oral or written representations, statements,
negotiations, proposals and undertakings with respect to the subject matter hereof.
FORM 602264
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21. No amendment to this Agreement shall be valid except as it is in writing, refers specifically to
this Agreement, recites that it is an amendment thereto, and is subscribed to by authorized representatives
of the parties.
CUSTOMER
By
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mt~V
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Title
Title
Date
Date
AMENDMENTS
ParaRraph 11. This aRreement may be terminated by either party upon written
notice to the other, ninety (90) days prior to the effective
termination date of this aRreement. Customer agrees to retain
all GTC Public Telephones related to this agreement for a
minimum of One (1) years from the execution date of this
agreement.
This agreement will be sub;ect to automatic renewal of like
One (1) year periods upon the anniversary of the termination
date, unless cancelled in writing as stated above.
FORM 602264 - 4 -
EXHIBIT A
PRO RATA TERMINATION COST
WALK-UP BOOTH
First Service 1 x $876 = N/A *
Each Additional Service x $770 =
Subtotal
FULL BOOTH
First Service 1 x $984 = *
Each Additional Service x $886 =
Subtotal
Total N/A **
OTHER (Including Customer Provided Booth)
First Service
Each Additional Service
Total N/A
* Applicable pro rata cost for initial removal when removing a portion of the Services sooner than the
designated time, as set forth in Paragraph 11.
* * Reduced by 1/12 for each month service is retained.
FORM 602264
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