Resolution No. 6363
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RESOLUTION NO. 6363
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF A PUBLIC TELEPHONE LOCATION AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND MAC TEL, INC.
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WHEREAS, the City of Vernon has public telephones
located on City property which pay no revenues to the City; and
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WHEREAS, Mac Tel, Inc. specializes in installing,
maintaining, and servicing public telephones by contract; and
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WHEREAS, Mac Tel, Inc., pursuant to contract, is willing
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to pay the City five percent (5%) on the first one hundred dollars
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of gross revenue, ten percent (10%) on the next fifty dollars of
gross revenue, and twenty percent (20%) of all additional gross
revenue from each such public telephone; and
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WHEREAS, the City Administrator has solicited offers
from other telecommunications companies, but none have been as
favorable as that of Mac Tel, Inc; and
WHEREAS, Mac Tel, Inc. will indemnify the City from any
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loss; and
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WHEREAS, said Agreement for services is in the pUblic
interest and has been recommended by the City Administrator.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon
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hereby finds and determines that the recitals contained
hereinabove are true and correct.
SECTION 2: The City Council of the City of Vernon
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approves the Public Telephone Location Agreement, a copy of which
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has been presented to the City Council concurrently with this
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resolution, and the City Council hereby orders said Agreement to
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be received and filed by the City Clerk.
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SECTION 3: The City Council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
Agreement for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 7th day of December, 1993.
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p,'C eONIS C. MALBU G, Mayo
ATTEo/,? ~ / /, .
//2----- / H~
BRUCE V. MALKENHORST , City, erk
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STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6363, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, December 7, 1993, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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;T 01_
BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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PUBLIC TELEPHONE LOCATION AGREEMENT
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THIS AGREEMENT is made and entered into this
fJ:jl~ Oh\JJ..n/\-y
/..... j-' t;:..J day
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of
, 1993,
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BY AND BETWEEN
CITY OF VERNON, a municipal
corporation (hereinafter
referred to as "city")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
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AND
MAC TEL, INC., a California
corporation (hereinafter
"Contractor")
10405 McAtee Drive
Whittier, CA 90603
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RECITALS:
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1.
TERM OF AGREEMENT. This Agreement shall be in effect for an
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initial term of six (6) years commencing on December 1, 1993
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and continuing to and including November 30, 1999. At the
end of this initial term, this Agreement shall be
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automatically extended for one (1) year intervals, unless
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prior to the end of any term either party gives thirty (30)
days notice in writing to the other of its intent not to
extend this Agreement. Either Party may terminate this
Agreement by thirty (30) day's notice in writing if the
California Public Utilities Commission or the Federal
Regulatory Energy Commission revises its rules pertaining to
the operation of public telephones to make this Agreement
unlawful or onerous.
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RIGHT TO USE SPACE. City hereby confirms and agrees that
Contractor may install public telephones at locations on City
property as Contractor and City may agree upon from time to
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3.
time. Contractor shall provide a list of the site locations
for said telephones subject to the approval of the City
Administrator. All public telephone equipment shall remain
the property of Contractor.
MINIMUM NUMBER OF PHONES. City agrees to allow Contractor to
maintain a minimum of ten (10) public .telephones on City
property. Contractor may install additional telephones on
City property on a nonexclusive basis. If Contractor does
not install a public telephone in a specific location, the
City reserves the right to install and maintain or to enter
into a contract with a third pa~ty to install and maintain a
public telephone in said location.
ELECTRICITY. At Contractor's request and at no cost to
contractor, City shall furnish uninterrupted 110-volt AC
electricity to the point of connection on the public
telephone equipment. Such electricity shall be furnished for
the operation of lights, fan, lighted signs or similar
electrical devices used with the public telephones.
REMOVAL EXPENSE. Except as otherwise requested by city, at
the time of termination of this Agreement, Contractor, at its
expense, shall remove the public telephones, enclosures,
bumper posts, and other fixtures associated with the public
telephones, shall restore each site to its original
condition, and shall make each site safe.
ADVERTISING, SIGNS AND USE OF TELEPHONES. City shall not use
the public telephone equipment in the conduct of its business
nor use the public telephone number(s) in its advertising.
No advertisement or attachment of any type not authorized in
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writing by the Parties shall be affixed to or used on or in
connection with any public telephone.
ACCESS. Contractor shall have a right of access to all of
its public telephones located on City property so long as it
is not in default of the terms of this Agreement. Access to
public telephones located in public buildings shall be
limited to normal business hours which for most City offices
is limited to Monday through Thursday, holidays excepted.
INDEMNIFICATION. Contractor shall indemnify, defend and hold
City, its officers, agents, and employees harmless from and
against all liability, loss, damage, costs, or expenses
(including attorneys' fees and court costs) arising from or
as a result of the death of any person or any accident,
injury, loss, and damage whatsoever caused to any person or
to the property of any person which shall occur as a result
of this Agreement or from the use of any public telephone
located on City property.
INSURANCE. Contractor shall provide City with proof of
insurance in the amounts, coverage, and terms shown on the
attached Schedule of Insurance.
COMPENSATION. Contractor shall pay city the following
percentages of gross revenue received from each public
telephone located on City property:
$ 0.00 $ 100.00 5%
$ 100.01 $ 150.00 10%
$ 150.01 Above 20%
Gross revenue includes, but is not limited to, any and all
revenue received from coins, credit cards, collect calls, and
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advertising. Payments will be made monthly following
completion of the normal billing cycle, but not later than
thirty (30) days following the end of each month for which
payment is due. Contractor shall furnish a copy of the
computer readout for each telephone at the request of the
City Administrator.
PERFORMANCE BY CONTRACTOR. Contractor shall only install
equipment of a quality and type and at locations approved by
the City Administrator. Contractor shall maintain and repair
all public telephones and collect all coins therefrom on a
timely basis. Failure by Contractor to perform any of the
terms of this Agreement shall be grounds for City to
terminate this Agreement after thirty-day's written notice.
In default of payment by Contractor, City shall have a lien
on all of Contractor's public telephones located on City
property.
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rules and regulations of the California Public utilities
Commission and any other entity having regulatory
jurisdiction of the public telephone businesses. Contractor
shall secure a business license from the City of Vernon and
comply with all the ordinances and regulations of the City of
Vernon.
ATTORNEY'S FEES. If litigation is necessary to enforce any
term or provision of this Agreement, then all litigation and
collection expenses, witness fees, court costs, and
attorneys' fees shall be paid to the prevailing party.
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IN WITNESS WHEREOF, the partTesi1et::-eto~hav;'~~~~~~;d this
Agreement the date and year first above written.
CITY OF VERNON
BY:~)
-- LEONIS C. MALB G, Mayo
ATTEST~ . ~v~
By: /~, /A4Z/
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By: \::)~~/t)~M
DAVID B. BREARLEY, cit Attorney
2C TEL, INC.
BY~'~
B UCE G. MACDONALD, President
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