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HomeMy WebLinkAboutPeconic Hospitality ServeH, Peconic ,Hospitality Services TELECOMMUNICATIONS NETWORKING P.O. Box 1192. Cutchogue. New'~0rk 11935 .,516-734-7097.1-888-PECONIC ;This AG REEMENT is entered into as of December 23 ,19 97 Dy and between Town of Southold , a municipality · corporaton, hero.after,,, referred to as the "Part cipant," and PECONIC HOSPITAL, TY SERVICES here halter referred to as "PECONIC HOSPITALITY SERVICES, for a Denod of 5 years from the above date. In consideration of the mutual agreements contained herein, the parties hereto agree as follows: Ihe co~n oeeratee pay telephone systems ("Equipment") to De supplied under this Agreement are to be installed at the location(s) of the participant. Each co n operated pay telephone syster~'~, in some contexts, be referr~g tp as a "System." PECONiC HOSPITALITY SERVICES agrees to; (I) supply the lo~frtfen(s...~vith a system, (Il) service the equipment and keen same n repa r at ts own expense dur ng the term of this Agreement. (Iii) pay phone charges imposed by New York Telephone Company wth respect to the system, (IV) pay Participant on a monthly basis, 20% percent of the net income in excess of monthly phone line charges· for each System supplied hereunder, to compensate for the space provided PARTICIPANT agrees to: (I) provide adeeuate space for the Equipment which is easily accessible to the general public, all) to not install or permit the installation or use of similar equipment at the location(s), (Ill) to refrain from entering into any other contractual agreement relating to cpm operated telephone service, whether written or irt ailed, with any other ~erson. company, or organization dudng the term of this Agreement, (IV) that any sale or transfer of its business or Iocationts; shall be subjectto the new owner assuming ail obligations of Participant under this agreement. PARTICIPANT further agrees'to release to PECONIC HOSPITALITY SERVICES all dghts and privileges in connection with Day phone management at the location(s). The authority released to PECONIC HOSPITALITY SERVICES at this time would include but not limitedte complete management of (a) the removal or installation of New York Telephone equipment, lb) information about all charges and other coin phone business conducted with New 'Fork Telephone, 13) any other activities in regard to comnlete management of all pay pnones located at the location(s). PARTICIPANT further agrees to: [I) give PECONIC HOSPITALITY SERVICES or its agents abcess to the Equ'3ment for the purpose of servicing and making-collec{ions from the Equipment, and/or for any other purpose contemplated by the Agreement (lncludipg, without limitation, for purposes of removal as provided in ctause (f) of the following paragrapn), without notice during us regular business hours, and at other reasonable times upon reasonable notice,and (Il) not tamper with or attempt to service the Equipment. or take any action to, deinstall it or remove it from its Location. IT iS FURTHER AGREED THAT (a) this Agreemem shall be binding upon and shall inure to the benefit of the parties. hereto their successors and assigns ane be subject to automatic renewal on the same terms ane conditions as stated for continuous periods of one (1) year unless cancelled by written notice of either party at least sixty (60) days odor to expiration of the Derioe in effect at the time of notice. (b) this Agreement contains the entire contract between the parties hereto, (c) no verbal conditions, promises or compensation were agreed to by the Participant and/or its agent, (d) all Equipment furnished by PECONIC HOSPITALITY SERVICES shal "emain its Dreper~y, and Participant will at all times protect and defend, at its own cost alii exDeuse, the ownership of PECONIC HOSPITALITY SERVICES against all claims, liens, and ~egal processes of any partT,,clAiming through or under Participant. or claiming that the Equipment ~s a part of any other personal or any rea~ property (e:) Participant shall inderr nify, protect, and save harmless PECONIC HOSPITALITY SERVICES. its agents, servants, s~cQessors and assigns from and against all losses, eamages, injuries, c aims, demands, ane expenses, including legal expenses of whatsoever nature adsing out of the use condition or operation of any item of Equipment and that this indemnity s~all survive the exp}f'ation or earlier terminati~)n of this Agreement, (f) if PECONIC HOSPITALITY SERVICES finds it beca,~sary to remove its Equipment it may do So at its option thus terminating this Agreement but without releasing the Participan~frpm ~ny damages caused by i~s default or other wrongfu action it any, (~) any d spute arising under this Agreement shall be submitted to the American Arbitration Association. In such. event, each party to this Agreement shall De severally ~esponsible for its owr~ legal fees, and, costs attendant to such arbitration, the parties further agreeing that the decision, o~the American Arbitration Associa{ien shall be binding upon both part[es and shall be in lieu of access to me courm. the parties mutual ~' wa~wng thei~ right', to resort to the, courts. THIS AGREEMENT shall be. governed by,, and construed in accordance with. the laws of the State of New York. Notwithstanding execution by Participan~ the agreement shal not become effectve until executed Dy PECONIC HOSPITALiTY SERVICES. whereuedn it sh~[I become as of the date set forth above. PARTICIPANT Town of Southold w. cocJ;%% p% ,Ssor Title: President JEAN W. COCHRAN SUPERVISOR Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-~823 Telephone (516) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD To: Tov~ Board From: John Cushma~ Date: December t8, 1997 Re: Pay Telephone Service Recently, we received several complaints on the condition of several of the NYNEX pay phones under Town control. I have obtained a proposal from Pecordc Hospitality Serdees to take over Town pay phones as the contracts with NYNEX expire (copy enclosed). I recommend that we change our pay phone service to PHSas the various NYNEX contracts expire; therefore, please consider the following resolution: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to execute an agreement with Peeonic Hospitality Services for coin operated pay telephone services on various Town locations, said agreement subject to the approval of the Town Attorney. P.S. I am enclosing a brochure on a new style phone which may be more appropriate for placement in various Town locations -- this phone is available from PHS. Pecenic Hespitality Services Inc. P.O. Box 17 Coun~ Ro~d 48 Cox Lane Indus~ial Pack, SuiC, e 6 Cu~.chogue, NY 11935 (516) 734-70~7 ~Downstat;e {315] 449-~240 Upstate December 10. 1997 Town of Sc.ud':c,d Main Rd. SouthoJd. N.Y. Dear Mr. C;L.~:I:F'~.'' PHS is a to,econ'mun~ca::c"s c~.n-car, v l.~ca:ad .n C.:chco[.e s~.cr.- ~ 987 We sees a z~eeting a the telecorn: oe.',:,.~ ,:,: .he I'.(:,~.~;,2,,:~ n,..,sT v '. ¢e ,..r,er.~lv own and ~en~,~e ia.ac, none s~s and pay telephone8, ~ c ............. r ............ ¢~,-or. , .o... .... ~,.. DI,.c~ ,.-,la, ,,~ ..n,. /~rl ...... n ad~i~ PHS owns and,c ,..e, .... ~ ~ ¢ .... ,~o ¢ ..I..~.,, ......... n I ,.r ,,3 ,~1~, .~, _n ..... .-,ta,. N~ ....... I,% ud outdoor ~,.L H~,~pl,= ~ a . - ,.,uN, ~.,..... ~ ...... . .. _ %;?:- . . Becaus~l., corl~::2d..orl is usual?.,' Isle ca,mcan'es ;Bel~ ~rl-~,"'::c. I.[~can: I ec~. e[C., we caB~.~peclai~ze in each of4cur cus:cmar s ;~.":c:f,c ~oc'~s a,:Q rescon,~ Quicker '.? a :foP,om s",.3uld a:,~e I'~s.~bVlOUS that Southold E¢ . ,as ~e~..,~l D~... ~t,,.n..c .......... ~..s ,..,,.u,~,.~,,, ,h. C.n n.,,.. ¢ .hat ~ebecame an eyesore .... ,....,...3 ..... I J I..~ .o ,... s..m .... n..h..g~ ~ ,S ......... , ....... ~,m.,~u~nd ~ts · Replaceexls;l:-;.:N,l.~X ..... n~s.. ~,.I....,.r..,I..sJ.~=s,,i. o..;rA~&Tc."onos. · Provide customized attra rc.~e _ ._~s,.,:.~ f. :.t ..%. I ac:..~c.r · Provide AT&T Operator Service te assure users they won't be grossly over charged. Local coin rates will remain at .25 cants for the initial period despite the Bell Atlantic increase to .35 cenL% Allow fTee calls to local numbers approved by.~"'--l~s~e (e)c Police, Fire Chamber of Commerce, etc). P.O. Box 17~ Coun~ W Road 48 .Cox Lane Indus~iat Pack, Suite 8 inc. · AIow ~comngca sonyduringdaytmehours(ornotatall). ~ Prowcs I;I.3 wnh las~ "..C,.3 cai; recc'=s frcrr any pncne :o :ncJuae ~ dialed.: me of call, length of ceil. · Pay 2C% cemmissicn basod o,~ ;~.e net reven::e [;en,~rated fi, om .'ail cam a;~ operator calls. I Our ~;t'::~'es are cal.e~: aver/n'gn: ,s,.,, como~:er arid ,.p:oadad. ryp~ca.l,.., ,,ye k~out a service ~utad.-, -',--, .~.:,x= .-ct nl,'.3 ~:~!~ -*~ · D a ~r frae icc. a:,' ::: 'efund. seer.ce. · A.~ F ~nt c car :r-' e~ ~o "c",n S'Z-~ -he r ex st nc DaY "hen= c.9se PHS cont hues td?a~d ~hor Eastern: o"- sla-.;I ;~---cs .sa ce cur :o~c=nrat'cn n seasonal areas, we u~'tstand hnw , D ~"nes -ha[ -~e ' ~,.t DR[lC 'S "O ':sneer "e,esr. e3 ~ TVp ca V we pu b~and~ In [, ~ .re .~ e u .,srl t . ~,~ :.[,~..I,,..ys .o,~:(newfor theupcoml~seaso . · Our "ed at leas: :w,ce eve."/mc.-.:h. This i:lcludes [he removal of gra~i st ck ,q handse:s PHSis a member of both th~tchogue and Montauk Chamber of Comm~ other newty formed business is Peconic Tel~o~":'~'~rmerly Peconic CommunicaUo~~?er-ged wth Jim Dinizio (Steding Comm ) and Jeff PiCnic Telecom). Naturally if dditiona[ service to the Town please let me kn~!,l. ,e.,.3 ~.~ a ..,hl~. ,_u~ea, . e..h..,.I,.g~.s Dealer and we actively seeldng local business Joc.~i~g '.'or se?.:ca cc,qlmc:s on :heir exisung ,_ucsn[ equipment In some instances, we install additional ecuior.",ent at :'o chal,'.:e ts§. Vo',ce Mad') i~, ~xcha~qge for a service contract. Pleasi~ let me knower we'c~n be of any additional ~ervice. Sincerely, Edc Izzo - President JUDIT~ T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER i~ECORDS MANAGEMENT OFFICER FREEDOM O1~ INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold; New York 11971 Fax ,(516) 765~1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE ~SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECE~I~ BER 23. 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute an agreement between Peconic Hospitality Services and the Town c~f Southold for coin operated pay telephone services on various Town locations, said agreement subject to the approval of the Town Attorney. · Terry Southoid Town Clerk December 24, 1997