HomeMy WebLinkAboutPACIFIC BELL 1A -2004
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A-2004-069
ifŒJfJANt;E NOT I]CQll1l1CU
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CLERK Of COUNCiL
DATE, 5-1 'i-otj
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FIRST AMENDMENT TO
INMATE TELEPHONE SERVICE AGREEMENT
THIS FIRST AMENDMENT TO A GREEMENT is entered into this ð Js-r day
of March, 2004 ("Amendment Effective Date") by and between Pacific Bell Telephone
Company, fonnerly known as Pacific Bell, now d/b/a SBC California, a California
corporation (hereinafter "SBC"), and the City of Santa Ana, a charter city and municipal
corporation of the State of California ("City"), SBC and City may hereafter be referred
to jointly as the "Parties" and individually as "Party",
Recitals:
A, The City and Pacific Bell entered into Agreement #A-1999-032, dated April I, 1999,
(hereinafter "said Agreement") by which SBC has provided pay telephone service to
the inmates at the Santa Ana Jail Facility.
B, The City and SBC wish to amend said Agreement to amend the
commission/compensation rate paid by SBC to City, set forth their agreement
regarding SBC's obligation to provide an upgraded telephone system and extend the
term of said Agreement for an additional three (3) years.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
First Amendment to said Agreement, the Parties agree as follows:
I. Section I, Term of this Agreement, shall be amended to extend the term for an
additional three-year period commencing April I, 2004 and ending on March 31,
2007,
2. Section 2, Termination of AGREEMENT, is hereby deleted in its entirety and
replaced with the following:
"Either Party may tenninate this Agreement immediately following
written notice in the event the other Party is in default as to any of its
material obligations hereunder, provided that (a) the defaulting Party
has received a written notice containing a reasonably complete
description of the detàult and (b) the defaulting Party has failed to cure
the default within thirty (30) days of receiving such notice."
3. Section 6, Features and Services, shall be deleted in its entirety and replaced with
the following:
"SBC shall provide state of the art equipment on the rcs rnmate Calling
Solutions, L.L.C. ("rCSolutions") platfonn, for inmate phone services. Said
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equipment shall include a three-year on line digital recording system with a three-
year redundant back-up.
The rCSolutions platform provided for the jail phone system shall provide pin
administration with a voice verification component."
4. Section 12, Compensation, is deleted in its entirety and replaced with the following:
"SBC shall pay to City, as consideration for the installation and maintenance of
SBC's pay phones in the Jail Facility, a percentage of the gross billed revenue
derived from the use of said phones, as follows:
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50% commission on local exchange and intraLA T A toll telephone revenues
50% commission on interLA T A (long distance) telephone revenues."
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5, Section 16, InterLATA Carrier, is deleted in its entirety and replaced with the
following:
City herein grants SBC the exclusive authority to act as City's agent
for the purpose of selecting and/or changing the Preferred
rnterexchange Carrier (prC) on the inmate pay phones covered by this
Agreement. City and SBC agree that SBC shall have the sole right to
select and contract with, change, and/or restrict the local and long
distance carriers (both intraLA T A and interLA T A) for all inmate pay
phones covered by this Agreement. For any such selected carrier,
SBC shall pay compensation at the rates set forth above.
6, Section 17 and 18 are hereby deleted in their entirety,
7, Section 19, Notifications, is amended to provide new notice addresses as follows:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
TO SBC:
SBC Public Communications
134 NW 6th Street, Lower Level
Evansville, rndiana 47708
Attn: Manager Contract Admin,
8, Except as hereinabove amended, all tenns and conditions of said rnmate Telephone
Service Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to
rnmate Telephone Service Agreement on the date and year first written above.
CITY OF SANTA ANA
ATTEST:
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Clerk of the Council
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DAVIDN, REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Atto ey
By:
Laura Sheedy
Assistant City Attorney
Pacific Bell Telephone Company d/b/a
SBC CALIFORNIA
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