The URL can be used to link to this page

Home My WebLink AboutHSS TELECOMMUNICATIONSINMATE TELEPHONE LOCATION AGREEMENT This Agreement is made this 21 day of November, 1995 by and between the City of Santa Ana, a municipal corporation of the State of California (hereinafter referred to as the "City") and HSS Vending Distributors, a sole proprietorship in the Commonwealth of Pennsylvania (hereinafter referred to as "Vendor"). WITNESSET11 1. By this Agreement the City grants to the Vendor the exclusive right to place non -coin operated public telephones at the existing Santa Ana Detention Facility (hereinafter referred to as "Facility") for use by the inmates therein (hereinafter referred to as "Inmate Telephones"). The Vendor will install and operate the irunate phone system in the existing Facility. There will be no cost to the City for the installation or any related changes. The City shall determine the number, type and location of the phones in consultation with Vendor. The City grants to Vendor all rights in connection with Inmate Telephone management at the Facility, which shall include, but not be limited to: (a) The removal and installation of Vendor's equipment. (b) Any other activities with regard to complete management and operation of the Inmate Telephone System at the Facility. Vendor will hold City harmless for any liability occasioned by the adequacy or inadequacy of the phone system. 2. In return for the rights granted to Vendor by this Agreement, Vendor agrees to pay the City payments of thirty percent (30%) of the gross billed revenue from the recipients of the collect calls from the Imnate Telephones while the system is installed at the existing Facility. At all times the cost of all inmate collect calls will match the dominant rate structure tariffed in the State of Cali.fornia. The Vendor shall pay the above -mentioned commissions by the 20th of each month and send this monthly corninission to the City of Santa Ana c/o Jail Commander, 24 Civic Center Plaza, Santa Ana, CA 92702, The City, in its sole discretion, shall be permitted to inspect, review, audit or cause the same to be undertaken of Vendor's account books, ledgers, records or other materials that demonstrate the gross billed revenue from the recipient of the collect call from the Inmate Telephones. Such audit, review or inspection shall be conducted in a reasonable time, place and manner and Vendor shall cooperate in good faith with the City to accomplish such undertaking. All such efforts shall be at the sole cost and expense of the City unless such audit, review or inspection determines the Vendor has not been dispersing funds equal to thirty percent (30%) of the gross billed revenue from the recipient of the collect calls from the Inmate Telephones. In the event that such a determination is made, Vendor shall, within ten (10) calendar days from dispatch of a written demand from the City, deliver to the City the total non -paid sums of money due the City, plus interest thereon calculated at ten percent (10%) per annum, in addition to the full amount of the cost incurred by the City to commence and complete to audit, review or inspection of Vendor's records. 3. The term of this Agreement shall be for a period as long as inmates are housed in the existing Santa Ana Detention Facility not to exceed thirty six (36) months, commencing on November 21, 1995. This agreement does not transfer to the new Santa Ana Jail Facility currently under construction. 4. Vendor agrees to (a) Supply the Facility with the Inmate Telephone System. (b) Install, service and keep clean the equipment and keep same in repair at its own expense during the term of this Agreement. Vendor shall respond within two (2)hours to any notification from the City of the need for a repair to an instrument and/or the telephone system, and within one (1) hour to any such notification which is declared by the City to be of an emergency nature. (c) Pay line charges imposed by any local or long distance telephone company and any other cost associated with the Innate Telephone system. No cost will be incurred by the City with regard to the Inmate Telephones. (d) Provide booking phones and lines for any necessary free calls. (e) Conduct a periodic needs assessment to determine if all inmate telephone needs are being provided for the Facility. (f) Provide all necessary blockage of numbers, time limits, cut-off switches and any other pertinent security features and reporting features that are available to technology an desired by the Facility administration. (g) Provide for "Call Detail Report" retrieval for any or all inmate telephone records either by fax or computer which will be supplied by Vendor at Vendor's cost. 5. The City agrees: (a) To provide adequate space for the Innate Telephone system and easy access to the phones by inmates. (b) Not to allow the installation or use of any other innate or non -coin operated public telephone system on the designated site location during the tenn of this Agreement. (c) To cooperate with Vendor to facilitate the immediate commencement of installation upon the availability of service lines from the telephone utility company. The Vendor shall not be liable for any delays in installation beyond its control. (d) Any reasonable request by the City of addition, deletion or relocation of the phones shall be granted by Vendor and shall be done at Vendor's expense. 6. In the event of a material breach of the terms of this Agreement by either party, upon receipt of written notice from the non -breaching party, the breaching party has thirty (30) days within which to cure any defective performance to the satisfaction of both parties. Should the breaching party fail to cure with thirty (3 0) days, the non -breaching party may terminate sixty (60) days thereafter upon provision of written notice thereof to breaching party. The City gives written notice to the Vendor's owner at 601 Fourth Avenue, Coraopolis, Pennsylvania 15108. The Vendor gives written notice to City's .laic Administrator at 24 Civic Center Plaza, Santa Ana, California 92702. 7. It is further agreed that: (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. (b) This Agreement remains in effect during the entire period of the contract between parties hereto as set forth in Paragraph 3 above, and its terms may not be modified in any respect whatsoever ur)less in writing by the parties hereto. (c) All equipment, fixtures and supplies furnished by Vendor shall remain Vendor's property. (d) Vendor shall not assign its rights, obligations and interest under this Agreement to any other party except with the prior written approval of the City. This Agreeinerit sh,-di be corim.-ued and enlbrced 1.111,der Iiie laws th-- S","tate of Cafifbrnia, Vendor further agrees to indemnify rand sa.ve harmless the City and assigns a" an3, mad -,All liability �. loss, daTraps, cost or cxpcnSes which the City tutiv hereafter incur, suffer or be required to pay by reason of the performance, non-performance, obscnance or nonobserv.-mce of any obligarims or responsibilitits, of Vendor or by reasoij of tlie ternis acid conditions of this Agm.-i-nent- r,N '�NMI-KESS 'WHEREOF tbe parties hereto havc tm—s zko,reemerit die date zind YClar first above, written. ATUE'ST - I a ice C- t TU% CLTHE ERX OF' ' A P -P.,k0V ED AS TO F 0 RN 1: 7 e,'t d J. C NEY ITY A'170W CAIM7A AMA - MAYOR VENDOR: Richard 0. Htersvereer, 0 W-IN E R