TELECOMMUNICATIONS (7)
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This Agreement is Made on
Between
GTE FLORIDA IN~ORPORATED
CITY OF CLEARWATER
201 N. Franklin Street
and
112 S. Oscelo Avenue
Tampa, Florida 33602
(Subsequently referred to as GTE)
Clearwater, Florida 34618-4748
(subsequently referred to as City)
For provision of Public Telephone Setvice at the location set forth in Exlubit A to this Agreement (subsequently referred
to as the Premises).
GTE will pay the City the following commission:
Fifteen percent (15 %) of sent paid local coin-and-box revenues and fifteen percent (15 %) of sent paid credit card intra-lata
toll revenues generated by the GTE public telephones installed on the Premises.
1. Basic A~eement - The City grants GTE the non-exclusive right to install and operate public telephones at the
Premises, and GTE agrees to provide such service.
2. nrm - This Agreement is for an initial term of ten (10) years from the above date. The City or GTE may elect
to open terms of this agreement for renegotiation at intervals of three (3) years from the effective date of the contract until
terminated under the procedures set out in Paragraph 13 of this Agreement.
3. Commission - GTE will pay the City the commission set out on the fIrst page of this Agreement on a monthly
basis for all phones that quaIify for a commission, with commission checks mailed no later than forty-fIve (45) days after
the end of the month.
4. Installation - GTE will supply and install public telephones, along with such telephone enclosures, protective
bumper posts, identifying signs and related equipment as are necessary for efficient and safe use of the telephones at
locations on the Premises which are mutuaIly acceptable to GTE and the City. Dates for installation and commencement
of service will be as mutuaIly agreed. Installation work will be accomplished in accordance with applicable codes,
ordinances and regulations. The type of enclosure, signage and related equipment are subject to approval by the city and
to provisions of any applicable ordinances of the City. AIl telephones, enclosures and related equipment supplied and
installed by GTE shall remain GTE's property, and GTE shaI1 be responsible for any loss or damage to such items except
as are caused by City's negligence or willful misconduct. Telephones installed at a later date on the Premises shall be
included under the terms of this Agreement.
5. Telephone Senices - The telephones will provide a full range of services and access, to include use of both coins
and telephone company calling cards. GTE will select new features and options to be provided as they become available.
5.1. 911 Emer~ency Calls - To the extent not otherwise required by statute, rule, regulation or order of the Public
Service COmmission, the Grantee shall make no charge during the term of this franchise for calIs made from any of its
telephone within the Franchise Area for the sole purpose of giving police or fire alarms and reports, provided that such
calls are made to telephone numbers designated by the Grantee.
6. Operation and Maintenance - GTE will maintain the telephones and related equipment in good operating
condition, respond to repair calls within 24 hours of notification by the City (holidays and weekends excepted), answer
customer inquiries, provide refunds to callers and operate the service in compliance with all applicable tariffs and
regulations. The City shall exercise its best efforts to maintain the area around the telephones, provide unobstructed
public access to the telephones during normal Premises business hours, not allow connection of equipment or extension
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phones to the telephones or the telephone lines except as authorized by GTE, and notify GTE of any service problem.
GTE agrees to give priority response to repair calls involving a bank of telephones on the Premises.
7. Moves and Chanlles - GTE may relocate or remove any telephone which: (1) does not produce minimum
revenues to support continued operation in accordance with GTE's guidelines; or, (2) has, in GTE's judgment, been
excessively damaged through vandalism or misuse; or, (3) City or any other appropriate government agency requests
removal; or, (4) the parties mutuaIly agree to relocate or remove. Notwithstanding the foregoing, GTE sbalI not relocate
or remove any telephone, the location of which, as determined by the City, is necessary in the interest of public safety
or the public good.
8. Removal of Telf:Phones - Upon termination of this Agreement, either in whole or in part with respect to individual
telephones or Premises addresses, GTE will at its expense remove the items installed by GTE and return the Premises
to a reasonably restored and safe condition, normal wear and tear excepted.
9. Non-exclusivity - The City grants to GTE the non-exclusive right to provide public telephones at the Premises
for the entire term. This non-exclusivity also applies to new locations opened or acquired by the City during the term
of this Agreement.
10. Electrical Connection - GTE may connect electric lines for booth or sign lighting to an appropriate connection
point on the premises as approved by the City. The City agrees to supply the electrical power on a 24-hour basis for
booth and sign lighting after the telephones are placed in service.
11. Premi"es Access - GTE may enter the premises during normal business hours for the Premises and at other times
upon reasonable notice, for the purposes of fulfilling GTE's obligations under this Agreement.
12. SiJPm~e and Adverti"in~ - Subject to local ordinances and any lease governing City's use of the Premises, GTE
shall have the exclusive right to place telephone directories, signage and advertising for products or services that do not
compete with City's business, within or on the telephone enclosures.
13. Termination - Either party may tenninate this Agreement at the end of the initial or any subsequent term by giving
a written notice to the other at least sixty (60) days prior to the end of the term. Either party may terminate this Agreement
by written notice if the other party becomes insolvent, makes an assignment for the benefit of creditors, is unable to pay
debts as they mature, has a trustee or receiver appointed over all or any substantial part of its assets, or goes out of
business. IT a party fails to perform any nuyor obligation under this Agreement, the other party sbalI give written demand
to cure, and if the non-performing party does not correct the deficiency within sixty (60) days of receipt of such demand,
the notifying party may terminate this Agreement upon second written notice. This Agreement may otherwise be
terminated only upon mutual agreement.
14. Suhcontractors. Assianrnent and Successors - Either party may perform its obligations under this Agreement
through duly authorized subcontractors or agents. This Agreement may be not be assigned without the other party's prior
written consent, which sbalI not unreasonably be withheld. However, either party may assign its rights and obligations
hereunder in whole or in part, to a subsidiary, successor or related company upon prior written notice to the other party.
This Agreement binds the parties and their successors and assigns, and is a contractual obligation for use of the Premises
and provision of public telephone service which sbalI continue between GTE and a new owner for the term of this
Agreement upon change in ownership of the Premises or of the City's business conducted there.
15. Causes Beyond Control of a Party - Neither party sbalI be liable for failure to perform obligations under this
Agreement if prevented from doing so by a cause or causes which could not with reasonable diligence be controlled or
prevented by the party.
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16. Indemnification - GTE will hold the City harmless from claims or liabilities arising out of GTE's ownership,
installation, operation, maintenance or removal of, or the use by any person of, the telephones and related equipment
as provided for in this Agreement, provided that this obligation to indemnify shall not be operative to pay any
judgement rendered against City as a result of its comparative or sole negligence.
17. Limitation of Liabilitv - With the exception of improper termination in violation of Paragraph 13 or breach
of the non-exclusivity or authority provisions of Paragraph 9 and 19, neither party shall be liable to the other for any
special, consequential or incidental damages in connection with either party's performance, delayed performance, or
nonperformance of this Agreement or any part of it.
18. Applicable Law - This Agreement shall be governed by and interpreted in accordance with the domestic laws
of the State of Florida. This Agreement shall at all times be subject to such changes or modifications as the
appropriate state or federal regulatory agencies may from time to time direct and approve in the exercise of their
jurisdiction. In the event any provision of this Agreement is in conflict with any state or federal law or regulation,
such provision shall be deemed modified to conform with such law or regulation and all other provisions of this
Agreement shall continue in full force and effect.
19. Authoritv - The person signing represents and warrants to have the City's authority to execute this Agreement,
and that the City owns, leases or otherwise controls the Premises with full authority to agree to the provision of
public telephone service as set out in this Agreement.
20. Entire Al!reement" Except for written amendments, supplements or modifications made subsequently and
signed by both parties, this Agreement represents the entire agreement between GTE and the City with respect to
the subject matter of this Agreement and supersedes all prior negotiations, representations and agreements, either oral
or written.
This agreement is hereby executed on behalf of GTE and the City of Clearwater by the following duly authorized
representatives:
FOR GTE FLORIDA INCORPORATED
Signamre: ~A/-6~ /
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Name: Donald W. McLeod
CITY OF CLEAR WATER, FLORIDA
By: ~Mr
Eliza M. D tula, City Manager
MICHELLE C. PLATT
MY COMMISSION' CC 231745
EXPIREs: September 'D. 1996
Bonded TImJ Notuy NJIlc Undelwrlt8rs
By:
Rita Garvey, Mayor"Commissio
Title: Reg & Govt I 1 Airs Vice Pres
Date: July 6, 1995
Executed at:
Attest: rYl2t"c/1.P~.I'.t; C!.CJZ>~
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form and legal sufficiency:
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