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CIC:; OF SAN BERNARDOo - REQuQsT FOR COUNCIL AOION
From:
Dean Gr'ay
Administr'ative
REC'O.-A_JlclOFfJ\ppr'oval of agr'eement
for' installation of all
Office-CATV 1988 JJH 23 PM I,: ~blic telephones on
City-owned pr'oper'ty. ~~
Dept:
Date:
June 9, 1988
Synopsis of Previous Council action:
NONL..
Recommended motion:
ADOPT RESOLUTION.
(1A~ d~ ..
19 ure
Contect penon:
Dean Gr'ay
Phone:
5147
Supporting det. .n.ched:
Yes
W.rd:
NIA
FUNDING REQUlllEMENTS:
Amount:
NIA
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Fln.nce:
Council Notes:
A _~--: _1_ I.
19,
1411 ~
c.c, OF SAN BERNARaQO - REQuQsT FOR COUNCIL ~ION
STAFF REPORT
This resolution enables GTE of California to furnish
and maintain all public telephones on City property.
The enclosed GTE contract is a twelve-month automatic
renewable with a 90-day severance clause. This agreement
assures 15% of the gross receipts of the public telephones
back to the City with an annual projected revenue
of $ 4,000
75.0264
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RESoOrION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH GENERAL TELEPHONE COMPANY
OF CALIFORNIA RELATING TO THE INSTALLATION OF ALL PUBLIC
TELEPHONES ON CITY-OWNED PROPERTY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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
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15 the
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San Bernardino at
meeting thereof, held on
a
day of
, 1988, by the following
vote, to wit:
AYES:
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NAYS:
ABSENT:
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26 of
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City Clerk
The foregoing resolution is hereby approved this
day
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
'C
RESO RE: APPROVAL OF AGREEMENT FOR INSTALLATION OF ALL PUBLIC
TELEPHONES ONOTY-OWNED PRO~TY ~
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Approved as to form
and legal content:
A~~
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General Telephone Company of California C!ilJ
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PUBLIC COMMUNICATIONS
PUBLIC TELEPHONE AGREEMENT
I!':
CITY OF SAN BERNARDINO
le_suai_N....1
and GENERAL TELEPHONE COMPANY OF CALIFORNIA ("GTe") agree as follows:
INSfALLATION/ACCESS
("Customer")
1. Customer grants GTe permiaaion to install and maintain public communications services
and related equipment ("Services") at
("Premilea").
GTe shall have the right of aceess to the Premises during normal business hours (including at leut 8:00
a.m. through 5:00 p.m.. Monday through Friday) for the pUl'pOlle8 of inspecting. repairing, maintaining.
replacing and removing such Services and collecting coins therefrom.
. 2. If. for whatever reason other than accidental tire or natural disaster. Customer fails to provide
GTe 8CC8aa to Services at the Premises for thirty (30) days after demand. Customer shall promptly pay GTe
the replacement coat of GTe 'a said Services.
3. GTe and the Customer have agreed on the location of the Services. GTe 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. GTe may move, remove. or take any other action with regard to the affected Services
which it deems appropriate,
4. Where deemed neceaaary by GTe. GTe 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. GTe 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 GTe may designllte) 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 ofunsafe conditions in or around the Services,
the Customer shall immediately take all neceaaary and reasonable measures to protect the public,
including, but not limited to, posting warnings and preventing aceeaa.
ADVERTISING
6. GTC shall have the exclusive right to place advertising
in or on the equipment and/or boothing facilities (inCluding
customer provided boothing or similar facilities). Such
advertising shall be limited to the GTC company logo. Customer
shall keep such equipment, boothing and other property free from
all other forms of advertising, stickers, notices and other
foreign materials including telephone directories other than
those provided by GTC. GTC shall not allow advertising of any
kind ?~ third parties to be placed in or on its equipment or
facil~t~es.
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INDEMNrry
7. Customer warranta that Premises are owned or leased by Customer and that Customer haa
the authority to enter into this agreement. The Customer sha1l notify GTe in writing, within two businea
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, coat. 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 acta or omissions. negligent or otherwise, of Customer, regardless of the negligence of
GTe or ita 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 GTe.
8. Customer shall be responsible for damages caused by the ne~li~ence
of its officers, agents and employees occurring in the performance of this
agreement, GTC 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 intention 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 a1l coata 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 sha1l perform the fo1lowing: (1) restore asphalt to match surrounding
areas; (2) where pavement has been cut, use grout to fi1l the void; (3) use topsoil to fill the void in dirt or
planters; (4) disconnect electric power at the Services, (5) remove conduita, boxes, fittings, etc., if exposed
and presenting a safety hazard. After such removal, Customer sha1l promptly do a1l 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 GTe 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 insta1lation 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 ita'sole discretion. secure a1l 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 GTe's sole election, all expenses associated with the removal shall be
borne solely by GTe.
RIGIITS OF SERVICE/MODlflCATIONS
14. This agreement sha1l at all times be subject to such changes or modifications by the Public
Utilities Commission of the State of California or the Federal Communications Commission as said
Commissions may direct.
FOAM llO2204
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15. The Customer grants GTe 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 GTe will pay no commission to Customer for the Services at the Premises.
Q9 GTe will pay Customer 15 percentage of all U.S. coins collected for a period of
One (1) yeans) 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.
GTe
CUSTOMER
General Telephone Company of California
c/O CATV
3500 Willow Lane - RC 12221M33
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.
FORMl102264
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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.
GENERAL TELEPHONE COMPANY
OF CALIFORNIA
CUSTOMER
By
By
. 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 GTe Public Telephones related to this agreement for a
minimum of One (1) years from the execution date of this
agreement.
This agreement will be subiect to automatic renewal of like
One (1) year periods upon the anniversary of the termination
date, unless cancelled in writinR as stated above.
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EXHIBrr A
PRO RATA TERMINATION COST
WALK.UP BO<rI'H
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
'lbtal N/A ""
OTHER (lneludina 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.
FORMlI022&I
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