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HomeMy WebLinkAbout18-City Administrator 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 . C' I RESoOrION NO. o o 1 2 3 4 5 6 7 8 9 10 11 12 13 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 14 15 the 16 17 18 San Bernardino at meeting thereof, held on a day of , 1988, by the following vote, to wit: AYES: 19 20 21 NAYS: ABSENT: 22 23 24 25 26 of 27 28 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 ~ ,.,l ..., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: A~~ A 0' 0 0 General Telephone Company of California C!ilJ o , , 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. . 0' o o 01 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 -2- . O' o o o 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. o 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 -3- . 0' o o o 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. __..___, _<l_ o o o o 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 -5-