01-03-1994
.I
/
u
Votinq Order
M~'1r Hayman
Cdwncilman Jones
Councilwoman Martin
Councilman Hays
Councilman Mitchum
AGENDA
CITY COUNCIL OF EDGEWATER
JANUARY 3, 1994
7:00 p.m.
COMMUNITY CENTER
1. Call to Order, Roll Call, Invocation, Pledge of
Allegiance
2. Approval of Minutes
A. Regular Meeting of December 20, 1993
3. Citizen Comments
4. Consent Agenda
Items on the consent agenda are defined as routine nature
tha.t do not warrant detailed discussion or individuCll
action by the Council; therefore, all items remaining on
the consent agenda shall be approved and adopted by a
single motion, second and vote by the City Council.
Items on the consent agenda are not subject to
discussion. One of the most basic rules of a consent
agenda is that any member of the City Council may remove
any item from the consent agenda simply by verbal request
at the C~ty Council meeting. Removing an item from the
consent agenda does not require n motion, second or n
vote; it would simply be n nn.U.n t:ernl re(ple~)t: of an
individual Councilmember.
A. Confirm appointment of Firefighter Michael J.
Hayes to Board of Trustees of Firefighters
Pension Plan
B. Cellular One Agreement for Police Department
C. Memorandum of Agreement for Commission Vendor
with Lance
5 .
New
A.
Business
Cancelling or rescheduling regular meeting of
Monday, January 17, 1994, due to Martin Luther
King holiday .
6. Ordinances, Public Hearings, and Resolutions
First Reading:
(None)
Second Reading: (Public Hearing)
(None)
7. Unfinished Business
A. Status Report/Proposed Paving
8. Council/Officers Reports
A. City Attorney
B. City Manager
C. City Council
9. Questions from Press
10. Citizen Comments
11. Adjourn.
All items for inclusion on the next City Council agenda must be
received by the City Manager's office no later than 4:30 p.m. seven
(7) days prior to the date of the scheduled meeting.
Pursuant to Chapter 286, F.S., if an individual decides to appeal
any decision made with respect to any matter considered at a
meeting or hearing, that individual will need a record of the
proceedings and will need to insure that a verbatim record of the
proceedings is made.
AGENDA REQUEST
DATE: D cember28, 1993
low
NEW UNFINISHED
CONSENT .x BUSINESS: BUSINESS:
PUBLIC
HEARING: RESOLUTION: ORDINANCE
ITEM DESCRIPTION/ BJE T:__ The Edgewater Firefighters'
Pension Fund requests the confirmation of a new board member to
replace the current board member whose term expires on January 6,
1994.
BACKGROUND. At the December 16, 1993 Special Meeting of The
Edgewater Firefighters' Pension Fund, ballots to select a new board
,. member were opened. The member selected by the membership to
represent them for the next term is Firefighter Michael J. Hayes.
RECOMMENDATION CpNCT USION: Recommend the confirmation
of the membership's choice of Firefighter Michael J. Hayes to serve
on the Edgewater Firefighters' Pension Fund.
EUNDS A_ VAILABLE: Account Number :____NZA
(Specify If Budget Amendment Is Required) _ N/A
Presen tedily; Chairman Al Gilbert
PrevioUsAgenda Item: YES NO_Mi
Date: January 3, 1 Agenda Item No.
Now
Respectfully Submitted,
A \
lw Al Gilbert, Chairman
Edgewater Firefighters' Pension
Fund
AGENDA REQUEST
C.A. NO.: 93 -132
Date: December 27, 1993
Nitey
NEW UNFINISHED
CONSENT 1/3/94 BUSINESS BUSINESS
PUBLIC
HEARING RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Cellular One Agreement for Police Department
BACKGROUND:
Attached is a copy of a proposed Credit Application and Service I
Agreement for an additional cellular phone for the Police /�
Department. The monthly fee for service is $45.00 with $.26 a aj
minute for usage from 7:00 a.m. to 7:00 p.m. and $.20 a minute for �40)
usage from 7:01 p.m. to 6:59 a.m.. The first 120 minutes of usage
each month are provided at no additional charge.
Now
RECOMMENDATION /CONCLUSION:
With the indicated changes to the General Terms and Conditions, the
Agreement is approved as to legal form and correctness. The
Council should consider whether to approve the Agreement as
amended.
FUNDS AVAILABLE: ACCOUNT NUMBER: 53410
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
ResRe tfully submit ed, Concurrence:
b— A - (Vrole:4
,, Kr's a A. Storey eorgIP McMahon
City Attorney C y Manager
Ili_. i.. . ' ' W i f I
' '..A
L.wrence F. Schumaker
Police Chief
KAS
Attachment
Credit Application and Service Agreement CUSTOMER C ? ARE
CELLULARONE Approval # (7311-11 O
` Dealer Code # OR IO
For information call 1-800-822-3551
0 . 1{ �� �
i 'o- u�7ptF�*t t
tt I. ••t^,wi,t+ rF,n.r •+r ptn.+nac N'N • t K aMR' t"♦ �, 5 p r.. +. G s •)q� v i 1• - - a 1 s U
r3:1- asxr � t ti� ; m i t�," �.«. r t .� ,a ( . v , cellular - -- - -- ----
N•,�t�,'tStN - t' 1 ;4 ;4 d Y ' 1 Y' 6 IF t i" 3 2 1 C
t SUBSCRIBER �. tat V yrh � . l 4 , t •1 Electronic 1 5 o a J o i 1 5
f a Re On'albIttlorBill Y6 .1}" a! ryt {Yi7 44 `, t if .t r 4 j. ..i Serial#
�.( P _ ... _,. _s � ._ .�_...._ s . ., .. htt>�s�.z. ��� 4. a..: r.. �i .. sg re
,mr.L.�.,:L ......,- s....- ..rL_... -..
M 411o. BI iLUO(Pr vi a CompletQ Addr ss) Exchange Requested DA1 Unlock Code ? 1 32
,1.11.4 /� L �- (city or town) G co ?) irr0L1 (Z . 1" '; 1, SF C ' � "Or 4 T ype of Phone (circle one) Portable Mobile . ■ anstortai f
,°r .i �r f 3at3a C- '01dS — 6 e( l cs sect) (City) (State) ,,,,'' (1 }} L -- (Zip) Make & Model
Home Phone # ( ) Bus. Phone # (111�i LI —aLla5 ext. ( ) Manufacturer's Serial # Oc1C13Z ISOa I 1 I
INDIVIDUAL CREDIT APPLICANT > < BUSINESS CREDIT APPLICANT
1 Complete For I ❑ Individual Subscriber ❑ Personal Guarantor Complete For ❑ Corporation ❑ Partnership
(check one box) ❑ Owner of Sole Proprietorship ❑ General Partner (check one box) r�1 Government ( Purchase r
1/�1 Ordea
Person's Name • Authorized Representative
Residential Address (must use street address) Business Address (must use street address)
Street Bldg. /Suite I' —„ -
City State _ Zip Street 10 n • T ` JC(S i Cie" Dr
Social Security # - - City L � I State f . Zi 3 a 13 a
Date of Birth / / State Incorporated 4---,---, Year tt!"'
month day year a ---e
Dun & Bradstreet # Federal Tax I.D. #
Driver License # Tax Exempt # (must provide copy of certificates)
State Expiration Date / / 'i LC1-0S'ilcA3 -5
month day year Federal State
Employer Phone # ( )
Vpnking Reference:
-5175e. Vnrof '""
''ill.• EXISTING /FORMER CUSTOMER J (Name, Location) , (BankOfiicerName)
ya3 - �s1�G eI
,n (All Applicants Complete This Area - Check Applicable Boxes)
(Phone #) (Account #)
•
'l Presently Cellular One Customer ❑ Previously Cellular One Customer Trade References: 3 required (Minimum one year and credit limit of $500)
Current Cellular #: Where Name Account # Phone #
SOU - 6I - /d`1L.}_ Date of Last Service / 1 C-.1 T V 1 ar e- q04 ) -
month year
❑ Bill New Service Together _ 2 ( )
( ) Have Not Had Prior
l i Bill New Service Separately Cellular One Service 3. —_ (_. ) —
• c• Y. 1 4w..F..Y :. s ,w,F"x W4 N, .eC N J T 1t 1 'F�Y !px` U
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11 t 1, " ,. i•' �f Z ta +' 4 '� t +bR t� ii ri��� ` ..rr;:' 1 _ i , y ", y "` • h y , t ..i`P 1.. n `' tf' ;;.. . Y
i oz , i s dt l. q, t - T E p ' /� N ,.. RI T 1 1 7 ' a ' x r1 `` t"tk ' w y -r„I r.�ui.` b'', , , ii.t tS E 0e. ; ITYY.D POSIT
it 1i .t s ts.,' ? >� . ! ! � { f� Z'" ,A,'."�Sr "' s'7 Z IS�4 w�d rGo- . " }, it ... r � , T r t" ,+1 �.�t� . r p � ! � a F EGM�T ,, i^
1t:y+ Y„i : y .ii �.f : . l�rt .i: Y; : Y 4 Y., . ,,,,,::, .. . ,,, � , v x . 1' r ^I .. r 't'.: ' c ci ,: �i 1+: ' M : FS + f A Itg o ..4 / Y - . N i
hoosa:the Rte ROMP. . ' c tiP , R® IR ' t X : � , 0 � �R R IM 9 i O R .. w Ita cttrS,P Is; ,i nu` �
Caswell.as: other;impgrtanLterma rid : c�..05011ons #.T..terms,may.If ,'InQd)fte: c or; anqewl; Se tion,3d �;a
'� aido of th)s' Agreement. ; If� my.Rate,Aian annual oroth�r Flxad commltmant, Lunderstand,thatthe r, ,
pr of S ection 9 shalt a ply, includin 5250 for ear' cance)lat(on t , :t -' , _• , r � „ C
" ., the x fee ,t } ' 4 4 t J .h.• 7 � At
.7-irATION rEE.
,f;, Fixed Term. ^A .
Rate / /,I Monthly """
Y�
Plan (t OIJPr/11 °n °� Contract Signature' ` -.4
VOICE MAIL > c( FEATURES SELECTED
❑ Regular ❑ Plus ❑ ❑ Call Waiting ❑ Detailed Billing ❑ Feature Package
Pager Company: ❑ Cali Forwarding ❑ Call Accountant ❑
P. t/PIN: ❑ 3 -Party Calling ❑ No Answer Transfer ❑
• I hereby request coverage under the Extended Service Protection Plan for the Signature
telephone being activated under this Agreement. I have received a detailed
S EXTENDED SERVICE PROTECTION brochure explaining the terms and conditions of this insurance. Coverage is
provided by an Independent insurance company, not by Cellular One.
Date
SERVICE AGREEMENT AND SIGNATURE
•
•
Individual Subscriber Corporate or Partnership Subscriber •
By signature, Subscriber confirms the t and completeness of the above i and that Subscriber Any person signing on behalf of a corporation or partnership warrants his/her authoriy to do so.
- has agreed to purchase Service on the Rate Plan specified above. Subscriber acknowledges having read, and . • agrees to, all terms and conditions on'the reverse side of this. Credit Application and Service Agreement. ' +.• -
'- Subscriber further authorizes any trade references and consumer reporting/credit agencies to furnish Cellular ' Co Name , e (Subsc • • - t' '
One with employment/salary verification and credit records. • ; - : .'i
Signature ?(,) Date p-17-673 " Signature of Authorized Officer
Individual Subscriber's Right of Cancellation Name of Authorized Officer
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR Title Date
OBLIGATION (EXCEPT FOR CHARGES FOR SERVICES ALREADY PROVIDED)
WITHIN 3 BUSINESS DAYS FROM THE ABOVE DATE. YOU MAY ALSO CANCEL Personal Guarantor (Must complete Individual Credit Applicant section above)
THIS CONTRACT IF, UPON DOCTOR'S ORDER, YOU CANNOT PHYSICALLY
RECEIVE THE SERVICES, OR YOU MAY CANCEL THE CONTRACT IF THE Name
SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT. IF YOU nowexid gorhe er sona s u ant10the bove a S ervc e r nteesmaymen all enls o, nd
CANCEL THIS CONTRACT FOR EITHER OF THESE REASONS, CELLULAR ONE waives notice ol, any modification or extension of the guaranteed obligations; (w) conse to,
MAY ONLY KEEP A PORTION OF THE CONTRACT PRICE. and waives notice of, any change in rate plan or service features: (iv) agrees that Cellular One is
not required to proceed against the Subscriber prior to enforcing this Guarantee; and (v)
YOU MAY NOTIFY CELLULAR ONE OF YOUR INTENT TO CANCEL BY NOTICE authorizes any trade references or consumer reporting/credit agencies to furnish Cellular One
TO CELLULAR ONE-AT THE ADDRESS' SPECIFIED IN SECTION 15 ON THE with e mpfo y menVs a laryvenficetionandcreditrecords.
' V ERSE SIDE OF THIS CONTRACT : ! ' Guarantor Signature • -:.. Date
-*ow , I l LI•t.../C t�
For Sales Representative/Dealer OnIy: STUART'S CAR CARE CENTER k „D "L/
1 have verified the Subscriber's identification (Print Sales Rep. / Dealer Name) (Signature)
) COMPLETE FOR TRANSFER OF NUMBER
T undersigned ("Transferor) hereby requests and authorizes Cellular One to extend Service to the above -named Subscriber under the number written above ( "Number), which is presently assigned to
Transferor. Transferor acknowledges and agrees that Cellular One reserves the right, for any reason, to refuse to accept the above -named Subscriber as a subscriber for Service and to refuse to extend Service
to such Subscriber. Transferor acknowledges that it is, and will remain, liable to Cellular One for all debts and charges incurred, whether billed or not, under the Number up to the date Cellular One accepts
the above -named Subscriber for Service under the Number.
Transferor Date
(party giving up use of cellular #)
GENERAL TERMS AND CONDITIONS FOR CELLULAR ONE SUBSCRIPTION .. . _ •
•
'
This is an Agre between you, th Subs n amed on the front of this Agreement, and us, the local Cellular One cellular service provider, to provide you with cellular radio telecommunications services,
including such auxiliary or enhanced services or features as may be provided in connection therewith ("Service "). This Agreement is not binding upon us until Service is activated with respect to the telephone
number assigned hereunder (the "Number','): The term "Unit" means the cellular receiving and transmitting equipment unit(s) which you have programmed or authorized to be programmed with the Number.-1
You will provide us with all identifying information regarding the Unit, including its electronic serial number (ESN). Unless we agree, you will not use or assign the Number to more than one Unit. '
1: Ayeability, Service is availabteto yourUnit only when the Unit is within the operating range of our cellular systems, as applicable. Service is subject to transmission limitations caused by atmospheric or
- topographical conditions, and may be temporarily refused, limited, interrupted, or curtailed as necessary or appropriate for the proper operation of the Service. ,
2.`• Use of Service, You agree not to resell the Service (whether for profit or otherwise) or to use the Unit or the Service for any.unlawful or abusive purpose or in'such a way as'to create'damage;orrisk'to
our business, reputation, employees, facilities, third parties or : the public generally. You have no proprietary or ownership rights in the Number. We may change your Number from time to time by,givtng
you notice. • 3. • Term / Rates, r .
a. The term of this Agreement begins on the date Service is activated to the Unit and continues until the Agreement is terminated in the manner provided below.
In the case of a monthly Agreement, either of us may terminate for any reason upon 30 days advance written notice to the other. We may terminate earlier as provided in Paragraph 4 if you default. If
+your Agreement is terminated, you will pay all charges incurred underthis Agreement through the date of termination. We may, at our option, agree to allow you to terminate this Agreement on fewer •
than 30 days advance notice. In any event, however, you shall not be entitled to any refund of regular monthly charges for the Service which may have been paid in advance. .
• c. If you select a Plan with a fixed term longer than one month (such as'an annual plan), the initial term of this Agreement shall continue for the number of lull months applicable to the term selected
(the "Fixed Term "). The Agreement shall thereafter automatically renew for additional Fixed Terms of equal length unless terminated by you or by us by providing the other written notice at least 30
days prior tope expiration of thethen current term... . .
You understand you are provided a special rate (subject to change as provided in 3(d) below) in exchange for your agreement to subscribe for a Fixed Tenn. It-you terminate this Agreement prior
•
to the end of a Fixed Term, or we terminate Service to you for nonpayment or other default in your obligations to us, you agree to pay us pit addition to any other amounts then owing under this or any
other agreement between you and us) a cancellation fee of $250.00 per,line as liquidated damages clue to the difficulty of determining the actual damages caused by the early termination of this
Agreement.
d. We may modify the charges for Service or modify these terms and conditions at any time, but will not do so without giving you advance notice. You may, upon receipt of notice of the proposed ,
modification, terminate this Agreement by giving us written notice within 15 days thereafter. You would not be charged any cancellation tee in such case. it we modify our rates or charges and you '
. do not terminate the Agreement, you must pay us any additional charges even though you paid tor the Service in advance. Notwithstanding the foregoing, if you select a plan with a Fixed Term of longer
than one month, we will not increase your rates during any Fixed Term, but we may increase your rates as to a subsequent Fixed Term by giving you notice at least 60 days in advance of the
expiration of the then current term. - ., yU &I'S' tilpeall 4. Default /Termination, If you do not pay any sum when due, or re, ch any representation made to us in this Agreement, or fail to perform any of your obligations at the time and manner specified in this '
Agreement or under any other agreement between you and us or use the Unit or Service in any waythat damages or interferes with us, or should you be the subject of any proceeding under the Bankruptcy I I
Act or become insolvent, we may discontinue Service VIM notice and terminate this Agreement. In any such case, you shall remain responsible for payment of all charges incurred under this Agreement,
which charges will be immediately doe and payable. It you misrepresent your eligibility for any reduced rate plan, you agree to pay us the difference between the amount you paid under the reduced rate
plan and the next most favorable rateiptan for you Were eligible. Our remedies as stated herein are not exclusive but are in addition to all remedies provided by law. In the event of your default, you
will reimburse us for our attorneys and expert witness fees; costs of investigation, collection, and similar expenses incurred by us in the enforcement of any right or provilege hereunder. Our failure at
any time to require strict performance by you of any of the provisions of this Agreement will not waive or reduce our right thereafter to require strict compliance with any provisions of this.Agreementi It
your Agreement is terminated because of your default, we may keep any charges or sums prepaid by you upon termination. If we agree to renew Service to you after discontinuing Service, you agree to
. pay any.reasonable reactivation charges. ,•, i
5. Modifying Your Account You may, upon oral or written notice to us, add or delete Service features offered by us front time to time. For Service features subject to a monthly charge, the charge will be
imposed tor the entire billing cycle within which the change was made. We reserve the right to charge a reasonable fee for adding or deleting Service features.
If you request to be transferred from a rate plan prior to the expiration or its term, you may be charged a transfer fee and. If we allow you to suspend your account for a temporary period (which we � l
. • shall notbe,obligated to do),,the term of your Agreement may be extended, at our option, by the length of the temporary suspension.
6. j gttioment You may change the Unit upon written notice to its. You are responsible for ensuring that your Unit is at all times technically and operationally compatible with our cellular system, and conforms
• with applicable Federal Communications Commission ("FCC ") rules and regulations,
7. Deposits, We may require you to make a suitable deposit with us, in which you grant us a security interest. The deposit shall be held as a security for the payment of all amounts you may owe us from time •
! 'e, If not prohibited by law or tariff, deposits received by us may he commingled with otherof our funds, and we need not pay interest thereon unless we decide to do so. We may require that such
y � it be increased at any time to reflect your estimated monthly charges based on actual usage or reevaluation of your credit by us or for such other reason as we determine.•You may either (i) provide
elesEth increased deposit or (ii) terminate the Agreement, in which case any cancellation fee will be waived. You must promptly pay your bills even if you have given us a deposit. and if you do not you will
be in default. .'
When,this Agreement is terminated any deposit from you ptay,be applied without notice, to pay,any. of your charges them or thereafter due. However, this does not relieve you from any remaining liability. 1
Arty remaining'deposit or other credit balance On your account Will be returned to you without Interest, at your last-known address within 90 days after termination; PROVIDED, that any balances of ten
•
dollars ($10.00) or less will not be returned but will automatically become our property. If the Postal Service is not able to deliver the funds to you and returns them to us, and we,are,ngt able upon
l r reasonable inquiry to locate you within 30 days atter such return, we will keep the funds and you shall have no further right thereto.
' On or MIT:W ing the first anniversary of this Agreement you may, it you have made all rogue ed payments in a timely manner, request that we reassess the deposit required from you in light of your payment ! l
history and financial condition at that tune. Such reassessment may result in a refund of all or part of your deposit, or a credit to your account. as instructed by you.
8. Biting anaf?ayn)entsALCI)armes, You will pay all charges tor Service furnished under this Agreement, including regular monthly Service charges (access and Service features) and usage charges for alt calls
processed through the Unit or the :dumber, at the rates specified by the Rate Plan you agree , apply to the Service provided It, weu tiler Usage charges include charges on a per minute basis for calls that
are sent or received, toll charges for calls from our local calling area to points outside our !call calling ;ilea, additional charges assessed by a cellular service provider for calls that are sent from or received
by the Unit when it is outside our local,calling area; and any applicable landline access charges (directory assistance, etc,). Usage charges may also include charges for additional calling or other services -
offered by us which you subscribe to at rates published by us from time to time.. •
Regular monthly charges for Service are billed one month in advance. All charges for tisane will be included in your bill as soon as possible after the usage has occurred. We may, at our option, bill you ,
with respect to a monthly billing cycle which ends•on - any day of the calendar month, arid may change the billing cycle end date from time to time. Regular monthly charges for Service for an initial billing
period of fess than one month will be prorated. Upon termination of the account, no credit will he given tor prepayments with respect to any subsequent period. If we have agreed that you may pay for -
chargeswith a credit card account, such charges may be billed to the credit Gard account and payment rnay be received by us prior to the due date for such charges. No additional notice, consentor
authorization will be required for such credit card charge :1f yod'have not authorized charges to be made to a credit card account, or it amounts billed to the credit card account are not paid, payment
;.must be received from you on or before the due date indicated on your bilh ; ,
Payments are due if not received 6y Gs h•the due - date .,hown'on the monthly invoice (or by the tenth day niter mailing ' Of the invoiceF if later). You agreet (a)time is of the essence;' (b tt wdt7ld"
..tbe'impracticai to fix the exact amount of our damages it you fail to pay promptly; and (c) in the event of such failure, you shall pay us liquiddted damages of one and one -half percent (1.5%) per month of?
�
:. any amount not paid when due, which damages shall be paid for every month such amount remains unpaid and which shall be prorated a daily basis-for each day that payment is, overdue: Liquidated .
damages wit not be compounded- monthly: Liquidated damages shall be reduced or eliminated to the extent required by applicable law or tarifi. If we accept late or partial payments or paymentsmarked''
- : :Paid.n.Full" or. similar notations, it:will. not waive anyof our.rights.hereunder :•We may charge you a returned check tee as set forth Morn Rate Sheet or notice to -you or such lesser•Smount as
or our tariff may require, for any check returned for insufficient funds. Questions about or objections to any charges reflected on an invoice must be in writing and must be received by us from you no
later than the due dale set forth in the invoiceeor any,objebtiorrsltatl be waived; PROVIDED, however, all amounts dui' to us, including disputed amounts, must be paid to is on or before the due date set
forth in the invoice. We will make good faith efforts resolve all disputes.
9. Taxes, Any aprlicable sale* .'ei•pubfic utility s receipts or It taxes, inter(' n . costs, lee rhargestniposed` ii us as a result o ro icing the ,'vice or the tit to y will be • . ed t au '
olio ies wl tpose. it rem red by lav raid any uch ta. , tees r char ve pay e ill be r ours id by y urtEyou art exempt fro aymei of a ucl taxes bu nay Avid us nth rr na ' f
suc t do men s a .ve may r son: • require es abli m, your li tot status. 1, emptiui t y apply, from h e receive su • ()content, you Cann eceive , lit fo ny xes ;
- airet • paid by .u). S , tb der AT 2!'.
10. f RRANTIES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR 1 HE UNIT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING APJV WARRANTIES OF MERCHANTABILITY -
dESS FOR A PARTICULAR PURPOSE IN CONNECTION THEREWITH. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED STATEMENTS REGARDING OR DESCRIPTIONS OF THE SERVICE OR
O F ANY, BY US OR OUR INSTALLERS ARE INFORMATIONAL ONLY AND ARE NOT MADE OR GIVEN AS A WARRANTY OF ANY KIND. NO EMPLOYEE OR AGENT OF OURS IS AUTHORIZED TO MAKE '
ANY EXPRESS WARRANTY, AND YOU SHOULD NOT RELY. ON ANY ATTEMPT BY SUCH l'ERSON(S)10 DO SO. WE ARE NOT THE MANUFACTURER OF THE UNIT, AND ANY STATEMENT REGARDING '
IT IS MERELY OUR OPINION AND SHOULD NOT BE INTERPRETED AS A WARRANTY.
11. UfyttjATNADF LIABILITY O1JR NONPERFORMANCE HEREUNDER SHALL BE EXCUSED AN t) WE SHALL NOT BE LIABLE IF CAUSED BY ACT OR OMISSION Of ANY UNDERLYING CARRIER, EQUIPMENT
FAILURE, EQUIPMENT UPGRADE OR MODIFICATION, ACTS OF GOD, STRIKES, FIRE, WAR. RIOT, GOVERNMENT AC [IONS, f OUIPMEN T OR FACILITY STORAGE, EQUIPMENT RELOCATION OR CAUSES
BEYOND OUR REASONABLE CONTROL. OUR LIABILITY, IF ANY, FOR ANY MISTAKE, OM ,`;ION, INT ERRUPT!ON, DE3JAY, ERROR, DEI LC F OR Ul tiER FAILURE WWI li IIESPEC1 TO 1 HE SERVICE SHALL
IN NO EVENT EXCEED THE AMOUNT OF THE PRORATED tv1UIJTtILY CHARGES TO YOU Wit SAID SERVICE DURING THE AFFECTED PERIOD, AND NO LIABILITY SHALL RESULT FOR OUTAGES OF 24
HOURS OR LESS. IN NO EVENT SHALL WE BE LIABLE TO YOU YOUR EMPLOYEES, AGENTS OH CUSTOMERS, OR ANY THIRD PARTY (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH,
"SUBSCRIBER ") FOR ANY COST, DELAY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR FAILURE TO PERFORM UNDER THIS CONTRACT. WE SHALL
NOT BE LIABLE TO SUBSCRIBER FOR INJURIES TO PERSONS OR PROPERTY ARISING Fi'.OM SUBSCRIBERS USE OF THE UNIT OR THE SERVICE OR THE INSTALLATION, REPAIR OR MAINTENANCE
OF THE UNIT BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, ANY UNDERLYING CARRIER, AND ANY OF OUR OFFICERS. EMPLOYEES, '
AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINSTANY AND ALL CLAIMS, ACTIONS, LIABILITIES, COSTS OR DAMAGES (i) RELATING TO THIS AGREEMENT AND SUBSCRIBER'S USE OF THE
SERVICE, UNLESS DUE TO OUR SOLE NEGLIGENCE, OR (i1) ARISING OUT OF ANY UNAUTHORIZED USE BY YOU OF ANY CREDIT CARD WITH RESPECT TO YOUR ACCOUNT WITH US OR THE CARD i
ISSUER'S REFUSAL TO PAY AMOUNTS CHARGED THERETO ) YOU FURTHER AGREE TO PAY OUR REASONABLE ATTORNEYS AND EXPERT WITNESS FEES AND COSTS ARISING FROM ANY ACTIONS '
OR CLAIMS HEREUNDER AND THOSE INCURRED IN ESTABLISHING THE APPLICABILITY OF THIS PARAGRAPH.
12. Privacy,
•
. a. Cellular telephone systems use radio channels to transmit voice and data communications over a complex network. Although the law in effect at the date of this Agreernent generally prohibits third
p
•
arties from listening in on cellular calls, privacy cannot be guaranteed, and we shall not be liable to you for any lack of privacy you experience. It you are concerned with protecting your privacy,
there rnay be products on the market available at your expense which can scramble your calls. For more information, contact us or one of our authorized dealers. . .
b. You consent to 'our use of automatic equipment to phone you regarding your account. .
13.. ,Nolgeficaertatest This Agreement does not in any way create the relationship of principal and agent, joi t venturer, partner or employer and employee between you and us and under no circumstances
shall you hold out to be or in any way be considered our agent.
• 14. We may assign in whole or in part our rights or duties under this Agreement, without m notice to you, and upon such assignment we, shall be released from all further liability. You may assign '
this Agreement only with our prior written consent. Subject to this restriction, this Agreement shall apply 1o. inure to the benefit of, and be binding upon the heirs, successors, subcontractors, and assignees
of the respective parties. -
:15. Notices, Written notices to you shall be considered given on the date deposited in the U.S. Mail addressed to you at your address according to our records. Written notice to us shall be considered given
when received at P.O. Box 24703, West Palm Beach, FL 33416-4703 Attn.: Customer Notice Dept,. or such subsequent address as to which we have notified you: The address to which you maii
payments is generally not sufficient. Oral notices shall be considered given on the date reflected in our information system. Your notice to us must specify the Number assigned to you under this Agreement.
16. Separability, Should any part of this Agreement be found invalid, the balance 'of the provisions shall remain unaffected. and enforceable, unless our rights or obligations hereunder are materially impaired.
117, C Law Qvernirg and Regulatigns. This Agreement, its validity, construction, performance arid enforcement, shall be governed by applicable federal law, the regulations of the FCC and the laws of Florida, i •
a' any tariff tiled by us pursuantto such state's Iaw..This Agreement is subject to amendment, modification or termination as provided herein or if required by such or laws. ''
18. Gk`ul.ireg on Consumer or Credit Transactions Required It the Account type is marked "Business" or "Corporate ", we may nevertheless choose to make certain disclosures required only nor consumer '
or credit transactions ( "Disclosures "). You agree that Disclosures not required by law et regulation are provided as a courtesy or for our administrative convenience, and do not give you or any other person
any consumer of other rights and are void to the extent not required.
19. Account Information_ You consentto our disclosure of information about your account to any person able to provide your name. address, social security number. and the Number assigned hereunder, and • •
to the making of changes to the account by any such person.
20. Amendment, You agree that we may from time to time, amend this Agreement by giving you advance written notice of amended terms and conditions. Your use of the Service at ter we have given •
you
notice shall mean that you agree to such amendment. If you do not agree, you may terminate your Agreement as provided in Paragraph 3.d above. NO INTERLINEATION, WHETHER HANDWRITTEN OR
OTHERWISE, NOR ANY ADDITIONAL TERMS NOR ANY DELETION OF THE.TERMS PRINTED ON THE STANDARD VERSION OF THIS AGREEMENT HAS BEEN AUTHORIZED.BY CELLULAR ONE, AND NO
! . SUCH CHANGE SHALL BE VALID UNLESS APPROVED IN.WRITING BY.A VICE PRESIDENT OF CELLULAR ONE. . ,
i
21. Entire Agreement, You acknowledge that you are of legal age, have received a true copy of this Agreement and have read and clearly understand he terms of this Agreementand, if signing oil behalf of a i
corporation or other entity, are fully authorized to sign on behalf of such entity, This Agreement and the accompanying Rale Sheet repr ?sent the final and entire agreement between you:and us; which '
may not be amended except as provided herein. •
*G 1iRNM1 :NT I PLAN
' tal cost
$20.0, ionthly
.26 a ml e from 7 :00 am to 7 :00 pm
.20 inute .m 7:01 pm to 6:59 am
r If .0 use this plan yob are limited to 150 minutes a month
his amounts to about 5 short is a day
* *GOVERNMENT II PLAN
Total cost
$45.00 a month •
.26 a minute same time period as above
.20 a minute same time period as above
First 120 minutes free mrn *A / v
Unlimited usage
Installation fee: $75.00
Antenna 35..00
Free periodic tunning
''err►
•
•
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k,c
AGENDA REQUEST
C.A. NO.: 93 -133
Date: December 27, 1993
NEW UNFINISHED
CONSENT 1/3/94 BUSINESS BUSINESS
PUBLIC
HEARING RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Memorandum of Agreement for Commission Vendor with Lance
BACKGROUND:
Attached is a proposed Agreement with Lance, Inc. for the placement
of a vendor at the Water Plant.
RECOMMENDATION /CONCLUSION:
`, The Agreement is approved as to legal form and correctness. The
Council should determine whether to approve the Agreement as
presented.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respe.tfully submitted, Concurrence:
1/Cal atit
Kris a A. Storey `George . McMahon
City Attorney City Manager
r.• KAS
Attachment
• . ' . • • • • • • • • • • • • • • •
PANTED By STAMINA° REGISTER USA ZIPSET
FORM e•944A REV. 11 /92 MEMORANDUM OF AGREEMENT FOR OFFICE USE ONLY
COMMISSION VENDOR Terr.
Type
•
Date
ffff State /County
Between LANCE, INC. and C et t 4 ✓cr • L Q t` gi �� Store #
(Customer Trade Name) City Code
1. Customer Acknowledges (a) receipt of Lance Vendor, serial number S l � C /U and (b) that said
vendor is in good condition.
2. Lance retains all right, title and interest in and to said Lance Vendor.
3. This Agreement shall continue from week to week until cancelled upon seven days notice by either party. Upon the cancellation of this
Agreement, customer agrees to return said vendor in good condition, except for normal wear and tear.
4. Lance agrees to pay all taxes and licenses on the vendor and on merchandise sold through the vendor.
5. If at any time during the term of this Agreement the customer should become insolvent or should be adjudged bankrupt, or should a receiver or
trustee be appointed for customer by any Federal or State Court, or should customer make an assignment for the benefit of creditors, such state of
insolvency, adjudication, appointment or assignment shall immediately terminate and cancel this Agreement without any further action on the part
of either of the parties hereto and Lance may at once re -enter the premises herein described and take possession of the Lance Vendor herein
described;
6. Lance agrees to maintain and keep in good working order said vendor.
7. Any communications concerning said vendor should be forwarded to Lance, Inc., P.O. Box 25967, Charlotte, NC 28229 (Attention: Vending
Dept.).
8. Customer agrees to keep said Lance Vendor at C7 - O c G o can. r
(Customer's Stree • ddress
T c" c)" � t G 1 ht ' �l Ls l'4k r u 3 a i3 .
City ounty State Zip Code
9. Check one: I Inside Corporate City Limits utside Corporate City Limits 6
OPENING VCI $ —
10 Special Code if applicable: # UNITS J — 7 le
11. Commissions Payable to Customer:
A. Lance agrees to pay customer a commission of 50 (five cents) per package sold through the vendor. The 50 per package will be paid in
cash each time the vendor is restocked.
❑ B. Lance agrees to pay the customer by check once each accounting cycle, 10% commission on gross collections. In the event
commission earned is less than $10.00 in a cycle, commissions will be held and accumulated and paid the following cycle when total
commissions earned exceeds $10.00. All accounts will be paid no less than quarterly, regardless of earned commissions. All checks
will be made out in customer's trade name and mailed to the address shown below.
Mailing Address
12. The Retail Price shall be the prices listed on the current Lance Commission Vendor Retail Price List, and will change whenever that price list is
changed.
Exceptions to Retail Prices:
❑ A. School Accounts
Schools may retail at 50 per pack Tess than the current Commission Vendor Retail Price List.
❑ B. Schools that waive commission may vend at 100 below the current Commission Vendor Retail Price List.
❑ C. Commission Waived:
Accounts, other than schools, that elect to waive their commissions, may retail at 50 per pack less than the current Commission Vendor
Retail Price List. Accounts that elect to waive their commissions must sign the following statement:
In lieu of the commissions normally paid by Lance, Inc., we prefer to reduce the retail price by 50 per pack, and waive our commission.
Customers Signature
%re When this option is chosen, strike through Paragraph 11.
13. Customer agrees to keep said vendor in a protected location where it will not be exposed to vandalism.
Customer agrees to keep 15- column vendor in an "inside" location where it will not be exposed to the weather.
14. The Agreement represents the entire agreement and no warranties, express or implied, representations, promises or statements have been made
by Lance, Inc. unless endorsed hereon in writing and duly executed by Lance.
Executed 41eit of . , 194a.. LANCE, INC.
r (Day) (Month)
4 J %j / BY
(Ii> /A.4 S i i% i BY
Ir( usto A s rade Nam: Sales Representative's Signature
` X SX-g-■ t�� "`�`� •wS' �/) Day Serviced / '– e .7
(Customer's Signaturol
6 -
AGENDA REQUEST
Date: December 28, 1993
No NEW UNFINISHED
CONSENT BUSINESS 1/3/94 BUSINESS
PUBLIC
HEARING RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Cancelling or rescheduling regular meeting of Monday, January 17,
1994, due to Martin Luther King holiday.
BACKGROUND:
The City Code provides for cancelling or rescheduling regular
meetings that fall on national holidays.
RECOMMENDATION /CONCLUSION:
Council's decision. If meeting is cancelled and matters of an
urgent nature occur, a special meeting could be called to take care
of that business.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted,
George E. McMahon
City Manager