87-048 Pacific Bell, Installation of 3 Public Telephones 'PACIFIC f BELL, ; M 1016 14-e51
Imo\ • _ •- - • .. IDN 040-053-506
A Pacific Telesis Company ' • PUBLIC TELEPHONE SERVICE AGREEMENT . - •
CITY OF CUPERTINO
_ - (Applicant)
(hereinafter referred to as "Applicant") and.PACIFIC BELL (hereinafter referred to as "Company") agree as follows: .
1.Applicant grants Company permission to install and maintain Public Telephone Equipment and the other appurtenances described in paragraph 3 below on
Applicant's premises at: - CITY OF CUPERTINO
10300 & 10400 TORRE AVE.
CUPERTINO, CA 95014
(city) (Zip Code)
,Applicant and Company shall cooperate in selecting the type of Company's Public Telephone Equipment and the locationls) on Applicant's premises where the
Public Telephone Equipment will be installed.Applicant agrees that it has inspected the location to verify its safety and that it will notify Company of any potential
hazards.The coin slot on the Public Telephone Equipment shall not be higher than as required by law and the policy of Company.The Public Telephone Equipment
shall remain the property of Company. -
2.When necessary, Applicant shall,at its expense,furnishuninterrupted 110-volt AC electricity to the point of connection on the Public Telephone Equipment.
Such electricity shall be furnished for the operation of lights, fans, lighted signs or-sifnilar electrical devices used with the Public Telephone Equipment.
3.Where Company deems necessary, Company shall, at its expense, install or arrange to have installed concrete base(s) and/or bumper posts supplemental to
the installation of the Public Telephone Equi ment_ Upon completion of the installation of these'appurtenances, title thereto shall vest in Applicant.
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4. Company shall also,at its expense,arrange to have its electrical contractor make the necessary electrical connections from the point of Applicant's electrical"
supply as described in paragraph 2 above to the Public Telephone Equipment. Company's electrical contractor is an independent contractor, for whom Company
accepts no liability. _ _-_
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•
5. Applicant further agrees to:` '
(a) keep the Public Telephone Equipment and thNe adjacent premises clean;
' (b) promote use of the Public Telephone Equipment by providing the public access to it;
' -(c)-provide coin change for use in the Public Telephone Equipmen
'(d)-report immediately to Companys Repair Service any damage o or failure of the Public Telephone Equipment and any condition which would make
unsafe, or otherwise adversely affectrthe-use of the Public elephone Equipment; and -
le) provide access as necessary fo{coin collection.
6.Applicant shall permit only persons duly authorized by Company to connect,disconnect, move,change or alter in any manner the Public Telephone Equipment
and shall take such precautions as are nece;sary to prevent unauthorized persons from doing so.
•'..r 7.Applicant shall not use the Public Telephone Equipment in the conduct of its'busindss dor use.the P661'ic Telephone number(s)in its advertising. No advertise-
ment or attachment of any type not authorized in writing by Company shall be used on or in connection with the Public Telephone Equipment.
8.Company shall pay the Applicant compensation on calls'placed from Public Telephone installed on Applicant's premises in accordance with Company's Public
Telephone Service Commission Rate Schedule(hereinafter referred to as"Schedule").Company shall provide Applicant with a copy of Company's currently effec-
tive Schedule. Company may from time to time change Such,Schedule and shall notify Applicant in writing of,any such change.
Company,shall mail compensation and all'notices - -
to Applicant at the following address: ' CITY OF CUPERTINO s
10300 TORRE AVE.
s 'bF CUPERTINO, CA 95014
- � (City) (Zip Code)
Applicant shall mail all notices to Company at the
following address: 4
(City) (Zip Code)
9. Either Company or Applicant shall have the right to terminate this agreement at any time. In the event of such termination, Company shall, at its expense,
• remove or arrange to have removed the Public Telephone.Egbipment and Applicant shall;at ita expensg v4G..;or.arrange to,have removed,the concrete base(s)
' and/or l uinper posts and make safe the sitels)thereof. Company accepts no liability for holes placed. lis, pillars;floors or defacement of same on Applicant's
premises when such were necessary for installation or removal of the Public Telephone Equipment or resulted from vandalism.
10.Applicant hereby agrees to release and indemnify Company from any and all loss,cost,damage,expense or liability arising in connection with the performance
of this agreement and caused in whole or in part by the acts of omissions, negligent or otherwise, of Applicant regardless of the negligence of Company or its
agents or servants, whether a4tive or passive except when such loss, cost, damage, expense or liability arises from the sole negligence or willful misconduct of
Company, its agents, servants or independent contractors who are directly responsible to Company or for defects in design furnished by such persons.
11. Company shall not be held'liable for interruption of telephone service from any cause;
12.This agreement shall inure to the benefit of and be binding upon the respective successors or assigns,if any;of the parties hereto;provided,however,Applicant
• or Applicant's successor or assign shall give Company;reasonable written notice of the existence of any such successor or assign of Applicant. -
13.Applicant shall comply with all applicable federal,state and local laws,regulations and codes in the performance of Applicant's obligations under this agreement.
14.This agreement,including any subordinate documents attached hereto or referenced herein,constitutes the entire agreement between Company and Applicant
with respect to the subject matter hereof and,except as otherwise expressly provided in paragraph 8 above,shall not be amended or modified except by written
agreement signed by both parties. .
— T5.-This agreement shall be'construed in accordance with the-laws of the State of California. •
• 16. Applicant warrants that Applicant has the authority to enter into this agreement with Company.
17. This agreement shall be effective upon exec by both parties and unless terminated as provided herein, shall remain in full force and effect thereafter.
,• T ' agreement ter .'nates and supersedes all . -ements egard' �y lic :lephone Equipment on the premis-s set ..rth above between the parties hereto.
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4 -'�By ._ d Giga/ ' ale ✓ _ _ Date Signed //— O,
Applica'J :�41691111.1
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_ �.�_; i Title �!'- - _ Date Signed /1-/f� '(t
PACIFI if
:ELL
Please Sign and Return Original—Keep Copy for Records