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HomeMy WebLinkAbout2007-338 07 _ , 32 k . \ ! a ` O-O�tCt AT&T Florida T: 772-460-4425 3300 Okeechobee Rd F: 772-466-5651 Fort Pierce, FL. 34947 www. att . com B 6� 8 September 27, 2007 O Indian River County fff(T�2Tn3t�ee� -- Vero Beach, FL. 32906 RE: REMOVAL OF CABLE AND TERMINAL AT 1840 2sm STREET Mr. Terry Smith : AT&T has received a request from you to perform the following work: Remove entrance cable and terminal at 1840 250 Street. Special construction charges apply. Engineering and Construction will not begin until the attached contract is signed by you or your authorized agent. Upon signing the contract, please send the original signed contract and your advance payment for the amount indicated in paragraph two in the contract to the address also indicated in paragraph two. This signed authorization letter and oavment must be received in the Payment Remittance we at the address shown below before AT& T wi!! Proceed with any work. This quote is only valid for 90 days from the date of this letter. IPI can be of further assistance, please do not hesitate to contact me at 772-460-4425 Sincerely, Outside Plant Engineer Steve Williams OSPE Specialist AT&T Florida September 27, 2007 Return the original signed contract and check with the Job Authority Number referenced on the check to: AT& T Payment Remittance Office - Manager Bills P. O. Box 16649 Atlanta, GA 30321 (404) 586-1150 WA P,pai SJ• pcJri at0_t AT&T Florida T: 772 -460-4425 lam( 3300 Okeechobee Road F: 772-466-5651 Fort Pierce, FL 34947 www. att. com SPECIAL CONSTRUCTION AGREEMENT Authority: 7E856262B Customer Name: Indian River County AT&T Contact: Steve Williams Customer Number: 772-226- 1318 Telephone # : 772-460-4425 Work Site Address : 1840 25th Street, Vero Beach, FL. This Special Construction Agreement ("Agreement") is entered into by and between American Telephone and Telegraph ("AT&T") and Indian River County. AT&T and Customer hereby agree to the following terms and conditions : 1 . Tariffs. This Agreement is subject to and controlled by the provisions of AT&T's tariffs including but not limited to Section A5 of the General Subscriber Services Tariff and Section B5 of the Private Line Services Tariff and all such revisions to said tariffs as may be made from time to time. Special Construction . This Agreement is for the special construction as further described on Exhibit 1 , attached hereto and incorporated herein by this reference ("Special Construction"). As consideration for the Special Construction, Customer shall pay to AT&T $1005.50 ("Special Construction Charges"). Payment in full is required before the special construction will begin . Payment shall be made by mail to AT&T's offices at AT&T Payment Remittance Office - Manager Bills, P. O. Box 16649, Atlanta, GA 30321 . 2. , or to such other address as AT&T may designate, in writing. 3 . Early Termination . Should Customer terminate or cancel this Agreement prior to the completion of construction, Customer shall remain liable for the Special Construction Charges. Customer acknowledges and agrees AT&T shall incur substantial up-front costs in connection with its performance under this Agreement and that damages in the event of such early termination or cancellation are not readily ascertainable and that in such event of early termination payment of the Special Construction Charges is reasonable. Customer further acknowledges and agrees that it hereby waives any right to contest such payment of the Special Construction Charges for any reason, including, but not limited to reasonableness of the charges, quality of the work, or timeliness of the work. 4. Limitation of Liability. AT&T ' s maximum liability arising in, out of or in any way connected to this Agreement shall be as set forth in the tariffs and in no event shall exceed Special Construction Charges paid by Customer to AT&T. 5 . Severability. Any provision of this Agreement held by a court of competent jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder USA ('W w,� a .r n,,r of my is. rnvm ream l a r,L O_T AT&T Florida T : 772-460-4425 `O( ` 3300 Okeechobee Road F : 772-466-5651 Fort Pierce, FL 34947 www . att. com of this Agreement and the effect thereof shall be confined to the provision so held to be invalid or unenforceable. 6. Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original but all of which when taken together shall constitute one and the same instrument. 8 . Effect of Waiver. No consent or waiver, express or implied shall be deemed a consent to or waiver of any other breach of the same or any other covenant, condition or duty. 9. Headings. The headings, captions, and arrangements used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 10. Modification. This Agreement constitutes the entire agreement between the parties and can only be changed in a writing or writings executed by both of the parties. Each of the parties forever waives all right to assert that this Agreement was the result of a mistake in law or fact. 11 . Interpretation. The parties agree that this Agreement shall not be interpreted in favor or against either any party. The parties further agree that they entered into this Agreement after conferring with legal counsel, or after having a reasonable opportunity to confer with legal counsel . 12 . Applicable Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of _Florida_, without regard to _Florida ' s conflict of law principles. 13 . Attorneys' fees. If either party materially breaches this Agreement and should the non-breaching party seek to enforce it rights through legal action, the prevailing party shall recover from the other party all costs and expenses incurred, including, but not limited to, reasonable attorneys ' fees . 14 . Authority. The signatories to this Agreement represent and warrant that they are duly authorized to execute this Agreement. 15 . No Precedent. Except for the matters resolved and released herein, this Agreement is of no value and shall not be considered precedent for resolving any dispute that may arise in the future. 16 . FinalFinal Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND FINAL EXPRESSION OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT MAY NOT BE CONTRADICTED BY USA at&t AT&T Florida T: 772 -460-4425 v� 3300 Okeechobee Road F: 772-466-5651 " Fort Pierce, FL 34947 www.amcom 17. EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES ; THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES . NO MODIFICATION, RESCISSION, WAIVER, RELEASE OR AMENDMENT OF ANY PROVISION OF THIS AGREEMENT SHALL BE MADE EXCEPT BY A WRITTEN AGREEMENT SIGNED BY BOTH PARTIES . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representative on the dates set forth below. This quote is only valid for 90 days from the date of this letter. [CUSTOMER] INDIAN RIVER COUNTY AT&T BY: N, Iq . Pltr 1 BY: _Steve Williams Printed Name Printed Names ithg:t2rize BY: BY: C wSignature Authorized Signature TITLE : County Administrator TITLE : -OSP Specialist DATE: © ' - ay(] i, DATE: _September 27, 2007 ArPRO " ' D AS 1-0 FORM Al- c FC7 ( . Y R MARIAN . FEL SSISTANT COUNTY ATTORNEY Fm,z Snorer nt ,he O5. Fil�rrTeam a `&t AT&T Florida T: 772 -460-4425 `an 3300 Okeechobee Road F: 772-466-5651 " Fort Pierce, FL 34947 www.att.com EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION Remove 80 ' of 400 pair copper cable and one interior terminal .