08/16/1988 Agreement
Dann!, I. )to(l)agt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORID4"- 33050
TEL. (305) 743-9038
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9263
MEMORANDUM
---.--.------
To: Tom Brown, County Administrator
From: Rosalie L. Connolly, Deputy Clerk
Subject: Southern Bell
Date: August 25, 1988
As you are aware, on August 16, 1988, the Board of County
Commissioners approved and authorized execution of a Public
Telephone Service Agreement with Southern Bell Telephone &
Telegraph Co.
Attached hereto is the original three-part Agreement which
has now been executed and sealed on behalf of the County.
Also at.tached for your use and records are two copies of
the Agreement.
Rosalie L. Co
Deputy Clerk
AttachlD.ents
cc: County Attorney
Finance Director f'\-\--'"))
Pile
\C'. ~A--
Southern Bell
South Central Bell
-.u.SQJTH~
Public Telephone
Service Agreement
RF.'185-A
(4-88)
/1- il ~O' Southern
This AgrHment m~. this If} day of 19 a tw."d between
~IITI h Co t" h' . " fb - At1anta:"", GA. T
~e e ep one mpany, a corpora lon, aVlng Its pnnclpal place 0 usmes. at (" he Company")
Ind Men roe County . , a ~~rJ~ I company
laving its principal plllCe of business at 500 (p b ;it.lectd s f.) ~ w~~.f; FL ("Agent").
I. T.,.. Of ContrHt. This Agreement sl}~l)be in effect for 3 years, commencing on J1v ilJrt CiU,J?&!to ~r~ J (,1'191
rhls Agr ment sha" be r.newed for two l additional one (1) y.ar perlod(s) from
lnd after I, unless either party provides written notice of Its intention not to renew this Agr..ment, at least th i rt V (30) days
>rior to the xplratlon of the original or any renewal term. Such notice will be sent to the address set forth in Section V.. ("NoItces"). Following the
1uration of the original term and any specified renewal period, this Agreement shall be extended month to month until 30 days written notice is
>rovid" by eith.r party.
II. ........ · ThiA Agr..."e~ttPPlles tf t~e Ins tall at ion, ope rat ion and mai n!enal)ce of 'public telephone. .Wld enclosu res, newly I nstalled or
'enoveted on or after UgUSt . 9 Blocatedat Various eXlstlng county locatlons and other
County owned locations as mutually agreed upon by the Company and Mnnrn~ CalJnt~ .
:he term ............ is defined herein as the public telephone set and enclosure, including but not limited to guard posts, concrete pads. mast poles,
lnd site preparation. Where guard posts, concrete pads, enclosures. pedestals, bumper pads. or other property of CompWlY are Installed upon the
lremi... owned. leued or otherwise under the supervision of Agent: such property shall remain in all respects that of the Company, with Company
e.erving the absolut. right to remove such facilities without consent of Agent. Notwithstanding the foregoing, however, Company shall r..tor. .aid
,remi... to their original condition should it determine to remove its facilities, except as otherwise provided In Section X, of thl. Agreement. This
\gr..ment a'so applie. to all public tetephones and associated equipment furnished by the Company and in service on Agent's premises.. of the
tate of this Agreement. .
III. AlterMIona And Atl8chmenta · Agent may not make alterations or attachments to M.t...... provided under this Agreement, unle.. otherwise
1utually agreed upon by both parti...
Contract ,
IV. Retnunerdon. The Company will install, operate and maintain Ma.ertal at no charge to Agent. The CompWlY will pay Agent remuneration
>8Hdon !~ yf lO~fl ann Tntr~LATA '1"eue plUi
$.03 ( ts per nterLATA Mlnute 0 Use
'riginatlng from .......... provided by the Company under this Agreement. The Company will provide Agent with remuneration on monthly buls
ommencing after installation. Such remuneration and compensation will be sent to the addres" ~ orth in Section VII ("NoIIcea").
Agent agree. that all charges and remuneration policies are subject to change as required by the Fl nri d;l
.
ublic Service Commission or any other regulatory or judicial body with authority to mandate such chWlges, WId that at no time shall any charge or
3muneration policy differ from that allowed by any regulation or tariff of the Fl n ri rt ~
'ublic Service Commisaion or such other body whether or not such regulation or tariffs is currently in existence or is hereafter made known.
v. Agent A.... To:
a) Protect the Ma....... against willful abuse and report any damage, service failure or hazardous ronditions to the Company.
b) Provide luitable spac., Kc..sibl. to the public, and necessary power source.
;) Charge Company (tariffed) rates for all local and intraLA T A messages.
j) Display aU signs fumished by the Company and not to affix or allow to be affixed any other signs, equipment or information to the ........,
unless otherwis. mutuaUy agreed upon by both parites.
J) Permit acce.. to ita re.pective facilities. without charge or prejudice to Company employ..., agents, patrons or conaignees.
VI. C..... Of Law. The construction, interpretation and performance of this Agreement and all transllCtlons under it shall be governed by the
jomestic law of the State of F 10 ri da
VII. Notlcea. Any notice or demand which under the terms of this Agreement or under any statue must or may be given or made by either party
,hall be in writing and shall be given or made by telegram or similar communication or by mail, postage prepaid addressed to the respective partie. u
ollows:
To Company:
To Agent:
llP!J!-... ..QQ1{:~l1': . A TO "CO..RAIl
ANp LV;. 'L UFFICIEI\:CY.
BY f( 1 ~
. Attorney's Dffice
VIII. Enttre A.......... · This AgrMment constitutes the entire Agreement between Agent and the Company and may not be modified or amended
lther than by a written instrument executed by both parties. Any orders placed by Agent hereunder shall incorporat. the typed, stamped or writted
Jrovisiona or da'a. found th4treon WId in aubordinate documents so long as the typed, stamped or written provision of data merely supplement but do
;ot vaty the provisions of this Agreement. Whenever tYPed, stamped or written provisions of WI IICcepted document conflict with the Agreement this
\greement shall control. .. (I...... IX IIwu XVI a,. on .... Rev.,.. of Fonn.)
~outhern Bell Telephone & Telegraph Co.
Public Communications
7740 N. W. 50 St.
Bldg. B Roan 8-5
f~i ami, Fl. 33166
Monroe County
500 Whitehead Street
Key West, FL 33040
ATTN: County Administrator
. 'n ....... ....... trie foregoing Agreement has been exec~ed by the parties ~ereto. In duplicate this~bay of AU&UA t
.- ,
1911B...
':0lIl"",:
/'
Agent:
MONROE 29UNTY - J:-,
bc-~/_
Signature:. - - - -
(Printed or E R
Name Typed): ugene. Lytt01\, Sr.
S .DA~~~~~~~E, ~m
~,
Southern Bell Tel. & Tel Co.
iignature:
(Printed or
~ame Typed): M. Winton Schriner
-itl.: Staff Manager