09/18/1991 Agreement
Dannp I.. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
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) 852-9253
M E M 0 RAN DUM
To:
Division of Management Services
C/o County Administrator
From:
Rosalie L. Connolly, Deputy Clerk
Date:
April 30, 1992
On September 18, 1991, the Board of County Commissioners
approved and authorized execution of Public Telephone
Service Agreements with Southern Bell.
Attached for yo~handling and follow-through are two dupli-
cate originals of the Agreement packets, now executed and
sealed by all parties.
Rosalie L. onnolly
Deput~{ Clerk
Attacllment
cc: County Attorney
County Administrator wlo document
~"inance Director
File
@ ~~:IBeIl
Public Telephone
Service Agreement
A
RF-1185-A
( 8.89)
Salesperson
, Ro(:)'E~! rt J~ tam'Pk'; n
Contract #
~. AY03382000'
This Public Telephone Servic'e Agreement ("Agreement") is made by and between Southern
BeIlSouth.Company, having its principal place of business at Atlanta, Georgia
and Mon roe County _~__ ~ _
having its principal place of business at 5100 Co ll~e Ro a <t,___We s t ~ Key Wes t. Flori da ("Location Provider").
I. .Term Of Contract. This Areement yh~1I be in effect for i..!ve ~~ years, commencing from the date of execution below. This
Agreement shall be renewed for h ree l3) _ u_ ___ additional One ( I} _ _ year period(s)
after the origi nal term, unless either party provides written notice of its intention not to renew this Agreement, at least Th i rty (30) days
prior to the expiration of the original or any renewal term. Such notice will be sent to the address set forth in Section VII ("Notices"). Following the
duration of the original term and any renewal period(s), this Agreement shall be extended month to month until 30 days written notice is provided by
ejt her party.
Bell, a
(liThe Company")
II. Material- This Agreement applies to the installation, operation and maintenance of public telephones, enclosures, and assigned equipment
furnished by the Company at the time of execution of this Agreement or during the term of this Agreement, whether existin.g, newly installed, or
renovated, located at Various existing county locations and other county owned locations mutually______
- a g ~~~__~E on _~y__~t!.e Compa!1'y_a..n<!!1Q!!Y'~e._ ~oJJf!iy!.___~__________________ _ ______________________ _____ .
The term "Material" is defined herein as the public telephone set and enclosure, including but not limited to guard posts, concrete pads, mast poles,
and site preparation. Where guard posts, Concrete pads, enclosures, pedestals, bumper pads, or other property of Company are installed upon the
premises owned, leased or otherwise under the supervision of Location Provider, such prope.rty shall remain in all respects that of the Company. The
Company reserves the right to remove or relocate material which is sUbjected to recurring vandalism or insufficient local and IntraLA T A traffic to
warrant the continuation of service. Such a right of removal or relocation shall not be exercised unreasonably by the Company. The Company will
notify the Location Provider in writi ng of its intention to remove or relocate at least thirty (30) days prior to such action. Upon removal of Material by the
Company, .the Company shall restore said premise to its original condition, ordinary wear and tear excepted. However, the Company shall not be liable
for holes placed in walls, pillars, or floors or other conditions on .the premises which resulted from the proper installation of Material described herein.
III. Alterations And Attachments - Location Provider may not make alterations or attachments to Material proVided under this Agreement, unless
otherwise mutually agreed upon by both parties.
IV. Remuneration. The Company will install, operate and maintain Material at no charge to Location Provider. The Company will pay Location
Provider remuneration b8$ed on 26. 0 % of local and IntraLATA toll money credited to Southern Bell usage rSee explanation), originating from Material
provided by the Company' under this Agreement The Company will provide Location Provider with remuneration on a monthly basis or other, commencing
~ A P . Such remuneration and compensation will be sent to the address set forth in Section VII ("Notices"),
Location Provider agrees that all charges and remuneration poliCies are subject to change as required by the applicable Public Service
Commission or any other regulatory or judicial body with authority to mandate such changes, and that at no time' shall any charge or remuneration
policy differ from that allowed by any regulation or tariff of the applicable Public Service Commission or such other body whether such regulation or
tariff is currently in existence or is hereafter made known.
During and after the term of this agreement, including any renewal period(s), the Company shall recognize and protect the confidentiality of
all information regarding public telephone station locations provided by Location Provider, including revenue and remuneration paid to the Location
Provider. and shall not disclose such information to any party other than Location Provider.
v. location Provider Agrees To:
(a) Reasonably protect the Material against willful abuse and report any damage, service failure or hazardous conditions to the Company.
(b) Provide necessary power and power source, and to provide suitable space, accessible to the public, and further represents that it is authorized
to provide said space.
(c) P~rmit the Company to display sLgns furnished by the Company upon mutual consent; and not to affix or allow to be affixed any other signs,
equipment or information to the Material unless otherwise mutually agreed upon by both parties.
(d) Permit access to its respective facilities without charge or prejudice to Company employees or representatives, patrons or consignees.
VI. Choice Of Law - The construction, interpretation and performance of this Agreement and all transactions under it shall be governed by the
domestic law of the State of ----ElDrida
VII. Notices - Any notice or demand which under the terms of this Agreement or under any statute must or may be given or made by either party
shall be in writing and shall be given or made by mail, postage prepaid, addressed to the respective party as follows:
To Company:
Public Communications
Contract Administrator
6451 N. Federal Highway, Room 512
Ft. Lauderdale, FL 33308
VIII. Entire Agreement - This Agreement, which includes the items on the reverse side, constitutes the entire Agreement between Location
Provider and the Company and may not be modified or amended other than by a written instrument executed by both parties. Any orders placed by
Location Provider hereunder shall incorporate the typed, stamped or written proviSions or data found thereon and in subordinate documents so long
as the typed. stamped or written proviSion of data merely supplement but do not vary the provisions of this Agreement.
The Location Provider represents and warrants that it has the legal authority to make decisions concerning the provision of space for public telephone
service at the locations covered by this Agreement.
This Agreement shall not control or affect the right of the Location Provider to select a Long Distance Carrier for InterLA T A service, nor
shall selection of a Long Distance Carrier for InterLATA service in any way operate to affect this Agreement.
Items IX through XVI are on the reverse side of this form. Location Provider Agrees and Represents that it has read and will comply with
Items IX to XVI as stated on the reverse side.
In Witness Whereof, the foregoing Agreement has been executed by the parties hereto, this1.f..!.~ay of
To Location Provider:
Monroe County Board of County Commissioners
5100 College Road, West
Key West, Florida 33040
Company:
Location Provider:
,19!!!Jj
~~ ~'\
-"."\~~ '~~...
Signature: . \ ~ ., r
"l\",
(Printed or
Name Typed):
Title:
Manager
Title:
By:
ATTEST:
---___ Date: _____
DIlts
CUSTOMER
RF-11ft6.A
(8-89)
Reve~se
IX. Relocation' Material shal! not be moved by Location Provider from the location in which it is installed. At the Agreement of both parties,
installed Material may be relocated by the Company.
X. Title. Title to Material hereunder shall be and remain in the Company, unless mutually agreed in writing by both parties hereto,
.' XI,. Risk Of loss. The Company and its insurers. if any, shall relieve Location Provider of all risks of loss or damage to the Material during the
periods of transportation and installation of the Material. However, Location Provider shall be responsible for loss or damage to Material in its
possession caused by fault or negligence of Location Provider or its employees.
XII. Default. In the event either party shall be in breach or default of any terms, conditions, or convenants of this Agreement and such breach or
default shall continue for a period of thirty (30) days after the giving of written notice thereof to either party by the other, then in addition to all other
rights and remedies of law or equity or otherwise, including the right to recover legal costs, reasonable expenses, and attorneys fees necessary to
enforce this Agreement, the offended party shall have the right to cancel this Agreement without charge or liability.
XIII. Assignment _ This Agreement may be transferred or assigned, in whole or in part, by the Company to any parent, successor, subsidiary, or
affiliated company of the Company.
XIV. liability _ Location Provider acknowledges that it is an independent contractor and that this Agreement shall not be construed as a contract
of agency or employment. Location Provider shall be solely responsible and liable for compliance with all laws, rules and regulations and payment of
all wages, unemployment, social security and other payroll taxes relating to Location Provider's employees including contribution from such persons,
when require,d by law. The..Company shal.1 not be held liable for interruption of telephone service from any cause.
XV. Indemnification _ Location Provider hereb9' agrees to release and indemnify the Company 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 acts or omissions, negligent or otherwise, of
Location PrQvider, ~xcept to the extent such loss, cost, damage, expense, or liability arises from the acts or omissions, negligent or otherwise, of the
Company. The Company holds the right to control litigation in the event of a legal claim being filed,
XVI. Conflict Of Interest. Location Provider acknowledges that no officer or employee of the Company has been employed, retained, induced, or
directed by Location Provider to solicit or secure this Agreement with the Company upon agreement, offer, understanding, or implication involving
any form of remuneration whatsoever. Location Provider agrees, in the event of an allegation of substance (the determination of which will be solely
made by the Company) that there h,as been. a violation hereof, Location Provider will cooperate in every reasonable manner with the Company in
establishing whether the allegation is true. Notwithstanding any provisions of this Agreement to the contrary, if a violation of this provision is found to
have occurred and is deemed material by the Company, the Company may terminate this Agreement. .. '(
% of local and IntraLA T A toll money in the box credited for Southern Bell usage.
billed revenues.
% of 0+ and 0- dialed local and IntraLA T A toll
\.-':d
..t....
AMENDMENT TO THE SERVICE AGREEMENT
BETWEEN
MONROE COUNTY AND
AND
SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY
xv. Indemnification - Location Provider hereby agrees to release
and indemnify to the Company, to the extent permissible under F.S.
768.28, 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 acts or omissions, negligent or
otherwise, of the Location Provider, except to the extent such
loss, cost, damage, expense, or liability arises from the acts or
omiss ions, negl igent or otherwise, of the Company. The Company
holds the right to control litigation in the event of a legal claim
being filed.
This amendment supercedes paragraph XV of the Service agreement.
In Witness Whereof, the ~1;\Oing Amend
the parties hereto, this day of
executed by
, 1991
COMPANY:
LOCATION PROVIDER:
&
Monroe County
signature~~~"'""^ ~
III
Name
Title Branch Manaqer
Title
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY~
Deputy
By
Date