1004-Cell Tell Cellular IncC ;0 N- I 04
CONTRACT
CITY OF SANFORD, FLORIDA
This contract entered into this 13th day of January 2004 by CellTell Cellular. Inc. hereinafter called the
"Contractor" and the City of Sanford hereinafter called the "City."
WITNESSETH that the Contractor and the City, in consideration of the mutual covenants, promises and
agreements herein contained, agree as follows:
SCOPE OF THE CONTRACT: The Contractor shall provide Cellular Telephones and, when specifically
ordered, related accessories and services in compliance with the provisions, terms and conditions
contained herein before and after as directed by the Contract Administrator named below. Rate plans
and service provider(s) shall be selected and ordered at the discretion of the City. It is noted that the City
of Sanford is responsible to pay only for equipment and or service actually ordered by the City with
supporting documentation.
THE CONTRACT DOCUMENTS, by this reference, SHALL CONSIST OF:
111 This signed form
(2) Written addenda agreed upon by both the Contractor and the City regarding terms, -
conditions, specifications, quantities and pricing adjustments
(2) Change Orders if and when they occur
(3) Applicable Purchase orders or other documents issued by the Contract Administrator to
document the intentions of the City
(4) Cingular wireless agreements which have been authorized with the signature of the Contract
Administrator
'It is noted that all payments by the City will be made in accordance with this written contract, as
amended at the time the order was placed.
SPECIAL TERMS AND CONDITIONS:
(1) Cellular telephones for upgrades and new service to be at no cost (1 per number per year).
The identified cellular telephone for this purpose is a new, unused Nokia model 3595 which
has suffered no deterioration. Any change (to currently identified cellular telephone used for
upgrades and for new service) must be submitted in writing and approved by the Contract
Administrator. All upgrades, phones, accessories, etc. must be ordered, using an official
purchase order form, or other form designated by the Contract Administrator. Any
request(s) by any employee or officer of the City of Sanford shall be referred to the Contract
Administrator for written approval and action.
(2) All accessories (cigarette adapters, leather cases, etc.) must be approved and specifically
(3) All corrective action regarding damaged or non - working cell phones will be initiated by the
Contract Administrator.
(4) City of Sanford to receive all eligible State of Florida discounts.
(5) It is understood that the Contractor is an independent contractor and NOT an agent of the
City.
(6) The Contractor is responsible for the integrity of access to the City's accounts with Cingular
and acknowledges that any use or disclosure of the pass code not expressly authorized by
the Contract Administrator is unauthorized. Pass -code access will be granted to the
Contractor with the following limitations: The pass code may be used to access the account
only in response to written orders from the contract administrator to accomplish the
activations or upgrades specifically ordered. The pass code is provided at the pleasure of
the City and may be changed by the City at any time.
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INDEMNIFICATION: The contractor agrees to indemnify, defend and hold harmless the City, including its
officers, agents, and employees, from any claim, damages and actions of any kind or nature, whether at
law or in equity, arising from or caused by the use of any materials, goods, equipment and /or services of
any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole
negligence of the City or failure to use the materials, goods, or equipment and /or services in the manner
already and permanently prescribed by the contractor.
PAYMENT will be processed as provided by purchase orders issued by the Contract administrator. All
orders not documented by a purchase order as indicated above shall be unauthorized. The City shall not
be responsible to pay for an unauthorized purchase or delivery even if the good or service is used to the
benefit of the City.
CONTRACT ADMINISTRATOR F. William Smith Purchasin Mana er and alternate Kevin Smith
Finance Director shall be the City's representative in all respects as applicable to this contract and for
related issues and questions not specifically addressed by this contract including, but, not limited to,
releasing orders and resolving questions which may arise. It is noted that any modifications to terms
and /or conditions contained herein before and after must have concurrence of the City Manager of the
City of Sanford.
IN WITNESS WHEREOF, the
bound thereby.
CONTRACT
B y:
Signatun
Printed Name and Title:
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By:
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caused this Contract to be duly executed intending to be
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