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Home My WebLink AboutReso 2000-227 RESOLUTION NO. 2000- '2..'2. T A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JLW TECHNICAL COMMUNICATIONS, INC., ATTACHED HERETO AS EXHIBIT "A", TO INSTALL PAY TELEPHONES WITHIN THE SUNNY ISLES BEACH POLICE DEPARTMENT, CITY HALL, AND OCEANFRONT PARK; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, a pay telephone provides vital telecommunications services to the general public in emergency situations; and WHEREAS, the Chief of Police and the City Manager have determined that the Police Department, City Hall, and the Oceanfront Park are in need of pay telephone service; and WHEREAS, JL W Technical Communications, Inc. has agreed to provide pay telephone service to the Police Department, City Hall, and the Oceanfront Park without charge and to pay the City a commission as a location provider. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Contract. The contract by and between the City of Sunny Isles Beach and JL W Technical Communications, Inc., attached hereto as Exhibit "A," be, and the same, is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said contract and do all things necessary to effectuate the agreement. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of May, 2000. ATTEST: -,' , ~;':l~, ,,' :~, .- , Richard Btown~Morilla,TitY Clerk '\) ,.: ~" 'I .~ ;J' Pay TelephoI\.e-.tes P.Walker ;' 5/12/00 -- 9:50AM :' 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vote: 5-0 Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky Pay Telephone.res P_Walker 5/4/00 -- 3:31 PM Moved by: Seconded by: ,.../ (Yes) V (Yes) V (Yes) V(Yes) ~(Yes) 2 ~~~ m~ I'Y\o~ROuJ YY\. FFM tV _(No) _(No) _(No) _(No) _(No) EXHIBIT "A" AGREEMENT Licensee: Licensor: JLW TECHNICAL COMMUNICATIONS. INC. City Of Sunnv Isles Beach Business Phone No.: 305-947-0606 Licensor's Business Address: 17070 CoItins Avenue. Suite 250 Sunnv Isles Beach. FL. 33160 Commission to Licensor: twentvfive percent (25 %) of Net revenue. Pay Phone No.: TBD AGREEMENT made this _ day of by and between the Licensee engaged in the business of installing, maintaining and servicing coin-operated pay telephone systems in the, City ofSunnv Isles Beach Police Department and City Hall hereinafter referred to as the "Licensor" for the period of five (5) years from the above date. LICENSEE AGREES TO: (a) supply the leased premises with a coin-operated telephone system, (b) service the equipment and keep same in repair at its own expense during the term of this contract, (c) pay phone charges imposed by Telephone Company with respect to the pay telephone, and (d) pay the Licensor the agreed commission on the net pay phone income (gross collections less taxes, tariffs and monthly phone line charges) in consideration for the space provided. Licensee will be solely responsible for removing the coins from the pay phone. LICENSOR AGREES TO: (a) provide adequate space for the pay telephone system that is easily accessible to the general public, (b) not to install or permit the installation or use of similar equipment at the above-mentioned location, (c) refrain from entering into any other contractual agreement relating to coin-operated telephone service, whether written or implied, with any other person, company or corporation, whether sale or lease, during the term of this agreement, and (d) that any sale or transfer of its business or property shall be subject to all terms and conditions of this agreement upon the new owner assuming the obligations thereof. LICENSOR FURTHER AGREES TO: release to the Licensee all rights and privileges in connection with pay phone management at the above-mentioned address. The authority released to Licensee at this time would include, but not be limited to, complete management of (a) the removal or installation of existing phone equipment, (b) information about all line charges and other coin-operated phone business conducted with the Telephone Company, and (c) any other activities in regard to complete management of all pay phones located at the above-mentioned location. LICENSOR FURTHER ACKNOWLEDGES THAT: no other contractual agreement relating to coin-operated telephone service, whether written or implied, with any other person, company or corporation, whether sale or lease, exists and is in force as ofthe date of this AGREEMENT. IT IS FURTHER AGREED THAT: (a) this AGREEMENT shall be binding upon and shall inure to the benefit of the parties hereto, their successors and/or assigns and shall be subject to automatic renewal at the same terms and conditions as stated herein for continuous periods of five( 5) years unless cancelled by written notice of either party at least sixty (60) days prior to expiration of the period in effect at the time of notice, (b) this AGREEMENT contains the entire contract between the parties hereto and its terms may not be modified in any respect whatsoever unless in writing and signed by both parties hereto, (c) no verbal conditions promises or compensation were agreed to by the participants and/or their agent(s), (d) all equipment, fixtures and supplies furnished by the Licensee shall remain the property of Licensee, (e) if Licensee finds it necessary to remove its property, it may do so at its option, thus terminating this AGREEMENT, and (f) the Licensee may, at any time, sell or assign its interest and rights under this AGREEMENT in which event the Licensee shall have no further responsibilities or liabilities hereunder. Any such assignee shall have all ofthe rights and responsibilities ofthe Licensee. This AGREEMENT is effective when signed by Licensor and accepted by Licensee and is hereby signed and executed in the City of Sunny Isles Beach State of FLORIDA . Ve e for enforcement of this AGREEMENT shall be in the County of Dade ~ State of FLORIDA Licensor: Licensee: Name of Business: Cit Agent for Licensee: JLW Technical Co Title: City Manager Title: Authorized Signature: Print Name: Jack Neustadt Print Name: Joseph L. Williams APPROVED AS TO FORK AND LEGAL SUFFICIENCY ~(L~ LYNN M. DANNBEISSER, CITY ATTORNEY I " I JLW TECHNICAL COMMUNICATIONS Technical Writing & Editing and Pay Telephone Systems 1761 N.W. 12th Avenue · Homestead, Florida 33030 Telephone: (305) 245-8535. Fax: (305) 248-3432 . Beeper (305) 732-5314 JL WTECHCOMM@WORLDNET.ATT.NET FAX TRANSMITTAL SHEET DATE: April 20, 2000 TO: Hans Ottinot Assistant City Attorney 17070 Collins Ave, Suite 250 Sunny Isles Beach FL. 33160 ~.._._- .. ,-; ~~ j {r.... .' APR ~ ~;j C' ity of Sunny ISles B ~ each FAX NO.: 305-949-3 113 FROM: Joseph L. Williams JL W Technical Communications SUBJECT: Letter of Introduction and Contract Submission NO. OF PAGES IN FAX (including this page): 2 Dear Hans: JL W Technical Communications became an independent payphone provider for the State of Florida in May, 1993. The company is owned and operated by Joseph L. Williams. . JL W is presently operating 100 pay stations in Florida from West Palm Beach to Florida City. JL W also has a 20% joint-venture contract for the operation of 365 pay stations in the Metropolitan Atlanta Rapid Transit Authority (MARTA) system. JL W is certified as a Disadvantaged Business Enterprise (DBE) in the State of Florida, the St~te of Georgia, the City of Atlanta, and in Dade County, Florida as defined by the U.S. Department of Transportation, Federal Transit Administration Regulation 49 CRF Part 23 and Circular 47l6.1A. Joseph L. Williams is a member of lhe Board of Directors of the rtoridaPublic Telecommunications Association (FPTA) and a member of the American Public Communications Council (APCC). I am also a Citizen Volunteer for the Department of Corrections State of Florida, conducting Bible classes at the Dade Correctional Institution in Florida City. Please see contract submission sheet two of this fax. If you have any question lease contact me bers listed above thanks. Sincerely, ~ Joseph ~~arns. President JL W Technical Communications, Inc.