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HomeMy WebLinkAbout1998 Amendment to Lease AgreementAmendment to Lease Agreement PCS Phone Agreement SEBASTIAN POLICE TOWER This Amendment to Lease Agreement, dated as of JVj" Z, 1998, is entered into by and between PrimeCo Personal Communications, Limited Partnership ("Tenant" or "PrimeCo" ) and City of Sebastian, ("Lessor"). Lessor and Tenant have previously entered into a Lease Agreement (the "Lease"), dated as of July 24, 1997, The parties, intending to be legally bound, agree as follows: 1. Phones and Service. In addition to the rental and other fees described in the Lease, Tenant shall provide Lessor with five (5) PrimeCo wireless phones and PrimeCo wireless service ("Service") during ce tzrm of the Lease, such phones and Service to be provided to the following: Name: City of Sebastian Attu: Thomas W. Frame, City Manager Address: 1225 Main Street Sebastian, FL 32958 2. Pricing. Service provided hereunder shall include any connection fee, the monthly access fee, and up to three hundred (300) minutes of included local usage per month for said phone. Excess minutes shall be charged at 5.20 per minute (or the current rate charged to other PrimeCo customers on rate plans with a comparable number of included minutes). Any included minutes not used during a month may not be credited to another account nor may they be credited to any future month's Service. Tenant shall not provide any accessories, installation, servicing, upgrading, or replacement of equipment except as set forth herein. Service provided hereunder shall not include roaming charges, long distance charges, or charges for additional features or services, or related taxes. Invoices for such additional charges will be sent to the person(s) listed in Paragraph 1, provided however, that Lessor shall remain primarily liable for all additional charges incurred. 3. Suspension/Termination. PrimeCo reserves the right to suspend or terminate Service on one or more phones provided hereunder for any failure to pay additional charges or for any other default by Lessor under this Amendment, and Lessor acknowledges that any such suspension or termination will not constitute a default under the Lease, nor shall it result in any adjustment of any payments due from Tenant under the Lease. In the event that Lessor is dissatisfied with Service or elects to terminate Service for any reason, Lessor acknowledges that the rights and obligations of the parties under the lease shall continue unchanged, and Landlord shall not make any adjustment of any payments due from Tenant under the Lease. Tenant acknowledges that the provision of Service hereunder is subject to the terms and conditions brochure provided with the phone, except as varied by this Amendment. 4. Term. Tenant shall provide Service for the phones referenced in Paragraph I during the term of the Lease, as it may be extended or earlier terminated. At the end of the term of the Lease, Lessor may keep the phones provided hereunder, but must apply for PrimeCo Service on the same terns and conditions as are offered to the general public. 5. Warranty. Tenant may provide reconditioned telephones to Lessor in Tenant's sole discretion, and shall provide a limited warranty as set forth in the terms and conditions brochure that accompanies the phone. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IIYIPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY OF ANY KIND IS MADE BY PRE%I ECO WITH RESPECT TO SERVICE. LESSOR ACKNOWLEDGES THAT THE PHONES PROVIDED HEREUNDER WELL NOT ACCEPT THE SERVICE OF ANY OTHER WIRELESS CARRIER. 6. Price Plans. Lessor does not have the option to change to any alternate pricing plans, except as may be agreed to in writing by Tenant in its sole and absolute discretion. 7. Taxes. All taxes required to be paid in connection with the operation of phones and Service, if any, are the responsibility of Lessor. Tenant will issue a Form 1099 to Lessor at the end of each calendar year which will state the fair market value of the phones and Service provided. S. Risk of Loss. Lessor shall use the phones in accordance with the manufacturer's operating manual and in compliance with all applicable laws, rules, and regulations. Lessor shall bear the entire risk of loss of said phones, including any loss or damage from use or operation or from any cause or hazard whatsoever. Tenant does not provide insurance for protection against loss, damage, or theft to the phones. However, if an insurance program is desired, Tenant can provide information from a Tenant -selected insurance carrier for Lessor evaluation. If Lessor selects that insurance carrier's program, Tenant can include the monthly premium on the Lessor's monthly invoice and shall remit such premium, once paid by Lessor, to the insurance carrier. 9. Limitation of Liability. Lessor acknowledges that Tenant shall not be held liable for Service interruptions, including dropped calls, due to equipment failure, equipment or facilities shortages that create transmission limitations, system capacity limitations, acts of God, or other causes beyond Tenant's control. Lessor assumes all risk and accepts all liability associated with the use of the phones, including but not limited to the risk of traffic accidents while phones are in use, and charges resulting from the fraudulent use of the phones and Service. Lessor specifically acknowledges that Tenant shall not be liable for damages resulting from or in connection with any intemuption or failure of emergency 911 or E91: Service or the identification of the telephone number, address, or time associated with any person accessing or attempting to access such emergency Services. In the event that any employee of Lessor makes a claim against Tenant for any of the foregoing reasons, Lessor shall indemnify and hold Tenant harmless from any such claim. IN NO EVENT SHALL TENANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR PARENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE CAUSE OF ACTION AND WHETHER OR NOT TENANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [SIGNATURES FOLLOW ON NEXT PAGEI IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date set Forth above. PRIMECO PERSONAL COMMUNICATIONS, LIMITED PARTNERSHIP Name:'&Wt, .1 .jovFmov«- Title: nF ca'nFl CITY OF SEBASTIAN ay: 4u" Ul/-�=4144 Name: //I LDIt[n.cL(). f Ti tle: C' /y PaMoIik/ Business Order Form PRIMECO" Schedule to Master Business Agreement for Account Number: binpenpn: Salefpanan Signarvee: ACCOUM INFORMAr10N Accpunt a: I RererveE MINI Name pl Business: I Autnonmp Contact: Cityof Sebastian Empeypea AA p Bone. to Make Clungea: Thrrtnac w- Framw. Gifu Mr�nwnpr FnyR al Add. - 1225 Main Street,Sebastian, FL 32958 cirv: Sebstian Biu. To ADDRESS City of Sebastian AEdreA: 1225 Main Street Sebastian CREDIT INFORMATION Pnmlpal owner Namidd aickcablel: FTwe in I Fee in Credit Conran: OBA: I I pI611pI0Feea: I Fee T. IB: Type of Business: pCmperation ❑Proprietorship Number of phones to be purchased: BANxlmG & TRADE REFERENCES $mm: FL PM eiri owner TiRalil appAkswel: Wn'f oGovemment ElOther: Rwer. srawse i Customer Type: ❑ New ❑ Existing I ki Fos Nunai e: Phone Numeee: i 1-561-589--_ Account Crenga PIN: sure: no: I FL z�ota Anennon: Chief Randy White a 32958 PkcizW owner SSNOt applicabNl I Yrf m Sumnaes: suladdlary ol: SIC cook: Need ability to roam: C Yes C No Bank Nama: IPMre: Gry: Ismre: lad: Co. Officer: Mcwm a: ITmoa Bererenm Co. Na— GrY sleet (Phone a: ICpnmeC Trade Rammfea Co. mer c Cn: :Ark Photo.in Tea Wlannu Co. Nemo: Clrr Ar : F1ere a: IctedieO Co..,: SEAwQ AGREFMExr AUnimuzanaN I represent that I am authorized on behalf of my company to agree that 11 the company will be bound by the terms of the Master Business Agreement referenced above and this Schedule and 31 NreCa may verify the company's credit history or verify my personal consumer credit history, if it deems It necessary based on the company's Credit history or lack :hereof. In chat event, 1 authorize PnmeCo to obtain consumer credit reports from consumer reporting agencies prior to considering this application and subsequently for purposes of any updates. renewal, or extensions of credit granted as a res It of this application or reviewing or collecting the Account. I understand that upon my request. PrimoCo will inform me of the name and address of consumer e g agency from which a obtained a consumer credit report. / ^u�,r,2__ Aumpn ke s�qd p,e: hotness range pw° City Manager Pnnme Neme:: enacrne care: For Customer Service Call: II 1-800-383-2700 Page _ J PrimeCo Personal Commwacueons, LC >A Yarn:ao Road, Sidle G Bma anion. Florida 33431A407 (SOU "1-5530 July 21, 1998 t 0 Chief Randy White City of Sebastian Polite Department 1201 Main Street PRIMECO" Sebastian, FL 32958 RE: Lease Agreement Between City of Sebastian and PrimeCo Personal Communications Limited Partnership for Tower Space at the Sebastian Police Tower Dear Chief White: As discussed during our telephone conversation of several days age, enclosed please find three (3) copies of an Amendment to the above lease covering the PrimeCo phones and air time. Please forward these amendments to the City Manager for his signature, and return them to me at your earliest convenience. Also enclosed is a Business Order Form which needs to be filled out and returned to me. Upon receipt of the signed documents, I will send you the phones, and service will commence. If you have any questions regarding the above, please do not hesitate to contact me at (561)995-5553. Yours truly, osephi a Conde l Property Manager 1C/bj Enclosures SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 DENNIS R. WHITE, Chief E-mail: spd@sunet.net MEMORANDUM Date: 7/24/98 To: Mr. Tom Frame, City Manager Re: PrimeCo Cell Phone Contracts Telephone 561/589-5233 24 br Fax 561/589-2207 Admin Fax 561/388-1872 Web: www.sebastianpd.org Attached, for your signature, are copies of an addendum offered by PrimeCo to their existing lease agreement between our City and their company. They have now apparently decided to honor their promise of free cell phones and discounted local service, as offered by their agent, Charles Hereford, when he negotiated the tower space lease. PrimeCo has offered 5 digital cell phones with 300 local minutes each, on the PrimeCo system, at no cost to the City. Calls anywhere in Florida are considered local and are included in the 300 minute allotments. These phones and service will be supplied in addition to the annual rental payments already agreed to for the life of the original lease agreement. We will apparently only be charged for out of state long distance calls or use of the phones outside of Florida, which would probably be very rare. In your consideration of where these new digital phones will be assigned, I request that some be exchanged for some currently used by this department. We have at least 3 existing non -digital cell phones that are consistently and justifiably used over their allotted time limits and the basic $15 per month service charge. Costs on these phones are usually $40 to $50 per month. It would save the City money to move the $15 per month phones, some with 60 local minutes per month and some with 100 minutes per month, to areas wherein they would be used less, and move the PrimeCo phones to the higher use areas. Of course, the existing funding we have for each of these phones ($15 per month, each) would also be transferred with the phone. Also, the PrimeCo phones are digital which greatly improves their privacy and security. Your c sideration will be appreciated. � Dennis R. WVite Chief o£ P lice PRIMECO'" I'll September 28, 1998 City of Sebastian An: Thomas W. Frame, City Manager 1225 Main Street Sebastian, FL 32958 PrlmoCo Personal Commnentcuions, LP 777 Ya al. Road, Sulte $00 Bom Raton, Florida 331314407 lie I r 995 55A1 �Y ' QV>� RE: Amendment to Lease Agreement 1PCS Phone Agreement at Sebastian Police Tower Dear Mr. Frame: Enclosed please find one (1) fully executed original Amendment to Leave Agreement/PCS Phone Agreement for your records. Cindy McLaren of our office will be contacting Mrs. Jean Tarbell with instructions on how the Business Order Form should be completed. For your information, Ms. McLaren's telephone number is (561) 995-5596. In the meantime, if I can be of further assistance with respect to this site, please do not hesitate to contact me at (561) 995-5587. Sincerely, Brigitte Johnson Lease Administrator Enclosure City of Sebastian, Florida Subject: Primeco Personal Agenda No. Communications Lease with City to Provide Cell Phones Department Origin: City Manager Approved for Submittal by: Thomas W. Frame, City Manager Date Submitted: September 3,1998 For Agenda of : September 9,1998 Exhibits: Copy of Memo from Police Chief Randy White Copy o f Letter from Josephine Conde, Primeco Property Manager Copy of Proposed Amended Lease Agreement for Tower S ace Expenditure Required: Amount Budgeted: Appropriation Required: n/a I n/a n/a juCYl -r 1urn-IM The City of Sebastian entered into a lease agreement for the occupation of space on the communication tower located at the Police Department. The present lease only provides for monetary payment for the use of the tower space. However at the time of discussion on the terms, it was indicated that cell phones would be made available. The attached amended lease agreement proposed to provide five phones which will be provided with 300 minutes a month of free service. Additionally, within Florida, there would be no long distance or roaming charges. RECOMMENDED ACTION Move to approve the proposed amended lease agreement authorizing the City Manager to execute the Agreement on behalf of the City. Regular City Council Meeting DRAFT September 9, 1998 Page Eight 98.166 E. Annmve Addendum to Primcco Personal Communications Lease Agreement to Provide. Cell Phone Service to Ciry (City Manager Transmittal 9/3/98. Chief White Memo_ Conde Letter, Pmonsed Amended Lease Agreement) MOTION by Neuberger/Cartwright I recommend approval of the amended legal agreement, authorize the City Manager to execute the agreement on behalf of the City. It was requested that the City Attorney review and approve the contract. ROLL CALL: Mrs. Wininger - absent Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan -aye MOTION CARRIED 4-0 98.167 F. I Ise of Off -Duty Police Officers for Certain Uses at Communitv Center (CiN Mana_r," Tmnsmittal 9/3/98_ Chief White Memo 913/99) A lengthy discussion took place on the need for security. TAPE E -SIDE I (8:52 p.m.) MOTION by Cartwright/Neuberger I move to approve the use of off duty police officers for uses at the community center and other city facilities for functions with or without alcohol up to 75 guests no officers required, 76-250 1 officer required, 251-400 2 officers required, and the high school and junior dance functions as suggested. An option to offer security to groups under 75 and a provision to waive of the security requirement were added to the motion. VOICE VOTE on the motion carved 3-1 (Paul - nay).