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HomeMy WebLinkAboutContracts & Agreements_17-1987_CCv0001.pdf General Telephone Company of Callfornla OD AGREEMENT NO. REF.AGREEMENT NO. PUBLIC COMMUNICATIONS COMMISSION AGREEMENT WHEREAS CITY OF REDLANDS ("Customer") and General Telephone Company of California ("GTC") have entered into, or are concurrently herewith entering into, a "Pay Telephone Agreement"with regard to 102 E. STATE ST. , REDLANDS, CA 92373 ("Premises")and whereas Customer and GTC are agreeable to the addi- tional terms and conditions set forth below,Customer and GTC agree as follows: 1. The Customer will offer GTC the first opportunity and GTC shall have the right offirst refusal to provide any and all forms of public communications services for guests,members,employ- ees,occupants, customers and/or the general public(to include but not be limited to,equip- ment and services providing voice,data or facsimile transmission at the Premises) 2. This agreement will remain in effect until terminated by either party by thirty days prior written notice. 3. For so long as Customer fulfills its obligations under Paragraph 1, GTC will pay Customer 9-1, percent of all U.S.coins collected when a minimum of$50.00 is collected per thirty day period for each service. Commission checks will be mailed within approximately thirty days after coin collection. 4. Unless otherwise agreed in writing by the parties,all public communications services added at the Premises subsequent to the effective date of this agreement will be subject to this agreement. 5. 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 CITY OF REDLANDS ONE GTE PLACE P.O. BOX 2090 RC 1222 REDLANDS, CA 92373 THOUSAND OAKS,CA 91362-3811 6. This agreement shall at all times be subject to such changes or modifications by the Public Utilities Commission of California as such Commission may from time-to-time direct in the exercise of its jurisdiction. FORM 603248{11-85} 7. This contract supersedes any and all previous commission agreements with GTC for the listed public communications service(s). 8. The public communications services at the Premises initially subject to this agreement are as follows: (714) 798-9852 GENE LEPHON � I O ALIFORNIA .--- USTOMER B B , RONALD CAS 1-1,0 (signature) Title PUBLIC COMMUNICATIONS CONSULTANT Title City Manager Date /87Date May 19, 5987 4 General Telephone Company of California COIN TELEPHONE NO. PUBLIC COMMUNICATIONS PAY TELEPHONE AGREEMENT CITY OF REDLANDS (CUSTOMER,BUSINESS NAME) ("Customer")and General Telephone Company of California("GTC")agree as fellows: 1. Customer grants GTC permission to install and maintain public/semi-public communica- tions services and related equipment("Services")at 102E STATE ST REDLANDS CA 92373 ("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 equipment and collecting coins therefrom. 2. Customer warrants that Premises are owned or leased by him and that he has the authority to enter into this agreement. The customer shall notify GTC, in writing, within 2 business days, if he relinquishes or otherwise loses this authority or vacates the Premises.Customer hereby agrees to release, defend and indemnify GTC 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 lacy of authority or acts or omissions, negligent or otherwise,of Customer,regardless of the negligence of GTC or its agents or servants,except when such loss, cost, damage, expense or liability is shown to arise from the sole negligence or willful misconduct of GTC. 3. GTC and the Customer have agreed on the location(s)of the Service.GTC will place signage, as it deems appropriate, directing individuals to the public/semi-public telephone(s) at the Premises. Should Customer remodel the Premises in the vicinity of any Service, he shall give GTC 15 days notice before commencing work. GTC may move, remove, or take any other action with regard to the affected Service which it deems appropriate. 4. GTC shall not be liable to Customer, and Customer shall hold GTC harmless from any liability to others,for alteration or defacement of the Premises, including holes,wall openings,conduits, bolts, or wiring required in the installation/removal of the Services or damages to the Services or to the Premises caused by vandalism. 5. 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. 6. GTC will provide a periodic cleaning of outdoor boothing facilities.The Customer will also keep the service(s) and vicinity unobstructed, clean and sanitary. As required, the Customer shall (a) provide at his expense,uninterrupted electrical power to illuminate the boothing facilities and any lighted telephone sign,(b)report promptly to GTC repair service(611 or other such number as GTC may designate) the failure of the service(s), destruction of or any damage to the service(s)„ or any condition which would make unsafe or otherwise adversely affect the use of the service(s), In the case of unsafe conditions in or around the service(s), the Customer shall immediately tape all necessary and reasonable measures to protect the public,including but not limited to,posting warnings and preventing access. 7. If,for whatever reason other than accidental Bre or natural disaster,Customer fails to provide GTC access to Services on the Premises for thirty(30)days after demand,Customer shall promptly pay GTC the replacement cost of the equipment,facilities and other property related to such Services. MS 2676(2-86) r 8. Advertising rights in or on the equipment, boothing facilities, the telephone or other GTC provided equipment are retained by GTC. Customer shall keep such equipment, boothing and other property free from all other forms of advertising,stickers,notices,and other foreign materials. 9. This agreement may be terminated by either party upon written notice to the other, such termination to be effective at the end of the thirtieth(30th)day after receipt of such notice.Within thirty (30)days of the termination of this agreement, GTC will remove the Services and related signage. After such removal,Customer shall promptly do all things necessary to make the former Services locations safe. 10. Customer understands that considerable expense is involved in installing and removing the Services, which GTC would ordinarily recover over a period of several years. Therefore, as part of the consideration for this Agreement,Customer agrees that if it cancels this Agreement effective 180 days or less from the date of installation,GTC may retain any commission checks which have not been mailed at the time of termination of the Agreement. 11. This agreement supersedes any and all prior agreements relating to the publiclsemi-public pay telephone service on the Premises. 12. This agreement shall 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 in the exercise of their jurisdiction.In particular,the provision of the semi-public telephone service is subject to the rates,terms,and conditions set forth in GTCs tariffs. 13. 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 b" written notice. GTC CUSTOMER GENERAL TELEPHONE OF CALIFORNIA CITY OF REDIANDS ONE GTE PLACE-RC 1222 P.O. BOX 2090 - THOUSAND OAKS,CALIFORNIA REDLANDS, CA 92373 91362-3811 14. Telephone numbers relating to this agreement are as follows: (714) 798-9852 15. Unless otherwise agreed in writing by the parties,all public communications services added at the Premises subsequent to the effective date of this agreement will be subject to this agreement. GENE LEPHO 0 Y �V CALIFORNIASTOMER By B GENE PHON tYk 0 CA4LIFRN4IA 0 RONALD Al I., n "A cTTJJn ONALD D. CASTILLO (Signature) 'w, CitV � Title-9 UaLILLCOMN ICATIONSCONSULTANT Title_ ity, Kanagqr_,__ Date Z 87 Date 5/19 / 87 -2- General Telephone Company of California OD AGREEMENT NO. REF.AGREEMENT NO PUBLIC COMMUNICATIONS COMMISSION AGREEMENT WHEREAS CITY OF REDLANDS ("Customer") and General Telephone Company of California ("GTC") have entered into, or are concurrently herewith entering into, a "Pay Telephone Agreement"with regard to 305 E. STATE ST. , RLDLANDS, CA 92373 ("Premises")and whereas Customer and GTC are agreeable to the addi- tional terms and conditions set forth below,Customer and GTC agree as follows. 1. The Customer will offer GTC the first opportunity and GTC shall have the right offirst refusal to provide any and all forms of public communications services for guests,members,employ- ees,occupants,customers and/or the general public(to include but not be limited to,equip- ment and services providing voice,data or facsimile transmission at the Premises). 2. This agreement will remain in effect until terminated by either party by thirty days prior written notice. 3. For so long as Customer fulfills its obligations under Paragraph 1, GTC will pay Customer ho percent of all U.S.coins collected when a minimum of$50.00 is collected per thirty day period for each service. Commission checks will be mailed within approximately thirty days after coin collection. 4. Unless otherwise agreed in writing by the parties,all public communications services added at the Premises subsequent to the effective date of this agreement will be subject to this agreement. 5. 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 CIT{' OF REDLMIDS ONE GTE PLACE P.O. BOX 2090 RC 1222 REDLANDS CA 92373 THOUSAND OAKS,CA 91352-3811 6. This agreement shall at all times be subject to such changes or modifications by the Public Utilities Commission of California as such Commission may from time-to-time direct in the exercise of its jurisdiction. "M 603248(tt-85) J i 7. This contract supersedes any and all previous commission agreements with GTC for the listed public communications services). 8. The public communications services at the Premises initially subject to this agreement are as follows; (14) 798-9844 GEN TELEPHO NY O CALIFORNIA CUSTOMER B RONALD CA ILL �Sigmtlm) Title PUBLIC COMMUNICATIONS CONSULTANT Title City Manager 5/19187 Date 132 -5'* / 87 Date General Telephone Company of California COIN TELEPHONE NO. PUBLIC COMMUNICATIONS PAY TELEPHONE AGREEMENT CITY OF REDLANDS (CUSTOMER BUSINESS NAME) ("Customer")and General Telephone Company of California("GTC")agree as follows: 1. Customer grants GTC permission to install and maintain public/semi-public communica- tions services and related equipment("Services")at 305E STATE ST. , REDLANDS, CA 92373 ("Premises"). GTC shall have the right of access to the Premises during normal business hours(including at least 8:00 a.m.through 5:04 p.m.Monday through Friday)for the purposes of inspecting,repairing,maintaining,replacing and removing such services and equipment and collecting coins therefrom. 2. Customer warrants that Premises are owned or leased by him and that he has the authority to enter into this agreement. The customer shall notify GTC, in writing, within 2 business days, if he relinquishes or otherwise loses this authority or vacates the Premises.Customer hereby agrees to release, defend and indemnify GTC 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 or acts or omissions, negligent or otherwise,of Customer,regardless of the negligence of GTC or its agents or servants,except when such loss, cost, damage, expense or liability is shown to arise from the sole negligence or willful misconduct of GTC. 3. GTC and the Customer have agreed on the location(s)of the Service. GTC will place signage, as it deems appropriate, directing individuals to the public/semi-public telephone(s) at the Premises. Should Customer remodel the Premises in the vicinity of any Service, he shall give GTC 15 days notice before commencing work. GTC may move, remove, or take any other action with regard to the affected Service which it deems appropriate. 4. GTC shall not be liable to Customer, and Customer shall hold GTC harmless from any liability to others,for alteration or defacement of the Premises,including holes,wall openings,conduits, bolts, or wiring required in the installation/removal of the Services or damages to the Services or to the Premises caused by vandalism. 5. 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. 6. GTC will provide a periodic cleaning of outdoor boothing facilities. The Customer will also keep the service(s) and vicinity unobstructed, clean and sanitary. As required, the Customer shall (a) provide at his expense,uninterrupted electrical power to illuminate the boothing facilities and any lighted telephone sign,(b)report promptly to GTC repair service(611 or other such number as GTC may designate) the failure of the service(s� destruction of or any damage to the services) or-any condition which would make unsafe or otherwise adversely affect the use of the.service(s). In the case of unsafe conditions in or around the service(s), the Customer shall immediately take all necessary and reasonable measures to protect the public,including but not limited to,posting warnings and preventing access. -- 7. If,for whatever reason other than accidental fire or natural disaster,Customer fails to provide GTC accogs to Servives on the Prerniseg for thirty(30)days after dern nd,Ctorr shall promptly pay GTC the replacement cost of the equipment,facilities and other property related to such Services, MS 2676(2 86) 7 az 8. Advertising rights in or on the equipment, boothing facilities, the telephone or other GTC provided equipment are retained by GTC. Customer shall keep such equipment, boothing and other property free from all other forms of advertising,stickers,notices,and other foreign materials. 9. This agreement may be terminated by either party upon written notice to the other, such termination to be effective at the end of the thirtieth(30th)day after receipt of such notice.Within thirty (30)days of the termination of this agreement, GTC will remove the Services and related signage. After such removal,Customer shall promptly do all things necessary to make the former Services locations safe. 10. Customer understands that considerable expense is involved in installing and removing the Services, which GTC would ordinarily recover over a period of several years. Therefore, as part of the consideration for this Agreement,Customer agrees that if it cancels this Agreement effective 180 days or less from the date of installation,GTC may retain any commission checks which have not been mailed at the time of termination of the Agreement. 11. This agreement supersedes any and all prior agreements relating to the public/semi-public pay telephone service on the Premises. 12. This agreement shall 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 in the exercise of their jurisdiction.In particular,the provision of the semi-public telephone service is subject to the rates,terms,and conditions set forth in GTC's tariffs. 13. 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 OF CALIFORNIA CITY OF REDLANDS ONE GTE PLACE—RC 1222 P.O. BOX 2090 THOUSAND OAKS,CALIFORNIA REDLANDS, CA - 92373 ' 91362-3811 14. Telephone numbers relating to this agreement are as follows: (714) 798-9844 15.' Unless otherwise agreed in writing by the parties,all public communications services added at the Premises subsequent to the effective date of this agreement will be subject to this agreement. GENE PHONE ALIFORNIA CUSTOMER B RONALD CASTIM -itune) u m) IP. M Title IRIJBI lMUUICAI QN5 LI U Title Date 87 Date 5/19/87 —2—