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HomeMy WebLinkAboutReso 2001-316 RESOLUTION NO. 2001-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH JL W TECHNICAL COMMUNICATIONS, INC., ATTACHED HERETO AS EXHIBIT "A", TO PROVIDE PAY TELEPHONE SERVICE WITHIN THE POLICE DEPARTMENT, CITY HALL, AND THE OCEANFRONT PARK; FURTHER AUTHORIZING THE CITY MANAGER TO TERMINATE THE CURRENT CONTRACT BETWEEN THE CITY AND JLW TECHNICAL COMMUNICATIONS, INC.; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, a pay telephone provides vital telecommunications services to the general public in emergency situations; and WHEREAS, the City Manager and staff 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 at a nominal fee of Three Hundred Dollars per month (Seventy-Five Dollars [$75.00] per phone per month) as outlined in agreement attached hereto as Exhibit "A". 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., in the amount of Three Hundred Dollars ($300.00) per month, 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 terminate the existing contract with JL W Communications and do all things necessary to effectuate the new agreement. Section 3. Effective Date. This Resolution shall become effect' PASSED AND ADOPTED this 15th day of March, 2001 ATTEST: ~v(,..~~fhA~ Richard Brown-Morilla, City Clerk Page 1 of2 Pay Telephone Services For A Cost By JLW Reso APPROVED AS TO FORM AND LEGAL SUFFICIENCY Moved by: ('J)yy\Y\'\\ 'S,.~\ot\.)f R (Y\OR~W Seconded by: COY'r\YY\\ '5..Sl0/IJ~~ -ru-A'E-TS~lf Vote: 5-0 Mayor Samson Vice Mayor Kauffman Commissioner Iglesias Commissioner Morrow Commissioner Turetsky V(Yes) V (Yes) V(Y es) V (Yes) ~Yes) _(No) _(No) _(No) _(No) _(No) Page 2 of2 Pay Telephone Services For A Cost By JLW Reso AGREEMENT Licensee: JLW TECHNICAL COMMVNICATIONS. INC. Licensor: City of Sunny Isles Beach Business Phone No.: 305-947-0606 Licensor's Business Address: 17070 Collins Avenue. Suite 250. Sunny Isles Beach. FL 33160 Payment to Licensee: $300.00 per month ($75.00) per month per phone). Phone No.: 305-936-8142 & 305-936-8189.305-944-9342.305-919-8297 i\r . AGREEMENT made this ~ day of J~""'\Lt\ I't-W I by and between the Licensee engaged in the business of installing, maintaining and servicing coin-operated pay telephone systems and City of Sunny Isles Beach (Ocean Front Park) City Hall&Police Station 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. and (c) pay phone charges imposed by Telephone Company with respect to the pay telephone. Licensee wiII 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 locations, (c) refrain from entering into any other contractual agreement relating to coin-operated telephone service, whether '''Titten or implied, with any other person, company or corporation, whether sale or lease, during the term of this agreement, (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, and (e) pay JL W Technical Communications $300.00 per month ($75.00 per month per payphone) for payphone services. 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 ACKl'lOWLEDGES 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 of the 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 canceled 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 tem1S 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 AGREE~lENT, 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 of the Licensee. This AGREEMENT is effective when signed by Licensor and accepted by Licensee and is hereby signed and executed in the City of Sunnv Isles Beach, State of FLORIDA' . Venue for enforcement of this AGREEMENT shall be in the County of Dade , State of FLORIDA Licensor: . . Licensee: Name ofausiness: ~sles Beach Agent for Licensee: JLW Technical C A",hodzed Signa'"'''''~- ;14-. Title: City Mana~er Title: Print Name:, . Christopher Russo Print Name: Joseph L. Williams APPROVED AS TO FORH AND LEGAL SUFFICIENCY: