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Home My WebLink AboutC-23961106 -76 4 t Llommunlcations Coapo Cation INMATE COMMUNICATIONS CORPORATION VENDING AGREEMENT This Agreement is entered into between INMATE COMMUNICATIONS CORPORATION (hereinafter "INCOMM "), a California corporation, and the CITY OF ARCADIA ( "CUSTOMER ") with respect to the CITY OF ARCADIA POLICE DEPARTMENT (hereinafter "FACILITY "), for the purpose of establishing a vending arrangement as described herein: 1. CUSTOMER hereby grants INCOMM an exclusive license to install and operate telephones for inmate use at the FACILITY, and hereby leases its facilities for that purpose. 2. INCOMM shall have the exclusive right to obtain usage and billing information, order or disconnect telephone services, select carriers, purchase available public utility equipment, and handle all billing and payments in connection with such inmate service. INCOMM will exclusively provide all blockage of numbers, time limits, cut- off switches and other pertinent security features. 3. INCOMM shall determine the number, type and location of the phones in cooperation with CUSTOMER, and shall commence installation within ninety (90) days from the availability of a service line from the telephone utility company. INCOMM shall not be liable for any delays in installation beyond its control. 4. INCOMM shall maintain the phones in good working order. CUSTOMER shall keep the phones, enclosures, and /or carts clean. INCOMM shall not be liable for any lost income during a period that any phone is out of order or being repaired. 5. INCOMM shall pay all charges in connection with the inmate phones. In consideration of this license and lease, INCOMM shall pay CUSTOMER a fee of 17% percent of the monthly gross revenue generated by the inmate telephones at the Facility. Payment shall be made to CUSTOMER or its designee within 90 days after month -end on the basis of billings in that month. 6. CUSTOMER shall not impede access to phones by INCOMM at. any reasonable time for installation and servicing, except for safety or security reasons. CUSTOMER shall, at its expense, furnish uninterrupted accessible 110VAC electricity to the point of connection, if required, and CUSTOMER shall notify INCOMM of any phone malfunctions. 7. This Agreement is for 12 months. INCOMM may terminate this Agreement at any time. CUSTOMER may terminate this Agreement only if INCOMM fails to install phones as agreed, or correct any other default within 30 days after receipt by INCOMM of written notice. Performance by INCOMM shall be excused for causes beyond its control. Notice of termination by CUSTOMER, due to default, must be given in writing 30 days in advance, and delivered to the address 7107 Valjean Avenue • Van Nuys, California 91406 • Sales -Toll Free (800) 642 -6555 Bus.: (818) 782 -7094 Fax: (818) 782 -9001 Web Site - http: / /www.TheDrag.Net Member of: IACP, AJA, ACA, CPO, FOP, NSA listed below. This Agreement shall continue for additional 12 month periods unless either party notifies the other in writing of its intent to terminate at least 90 days prior to expiration of the then current term. 8. CUSTOMER hereby represents that the FACILITY is owned and /or operated by it, that it is authorized to enter into this Agreement, and that the undersigned is authorized to bind the FACILITY to this Agreement. 9. Legal title to all phones shall remain vested in INCOMM. CUSTOMER shall not move or remove the phones without INCOMM's consent, nor permit any other entity to move or remove the phones without INCOMM's consent. Any reasonable request by CUSTOMER for the addition, deletion, or relocation of phones shall only be done with INCOMM's consent and shall be at INCOMM's expense. INCOMM accepts no liability for holes in walls, floors, or other surfaces which result from installation or removal of the phones. Upon termination of this Agreement, INCOMM shall be responsible only to remove the phone equipment. CUSTOMER shall restore the premises to their original and safe condition. INCOMM shall not be responsible for damage to the premises which occurs from vandalism. 10. This Agreement shall be construed and enforced under the laws of the State of California and shall be binding upon the parties hereto, their successors and assigns. INCOMM may, at any time, sell or assign its interest if approved in writing by CUSTOMER. If CUSTOMER sells or leases its interest in the FACILITY, or sells or leases the premises themselves, it agrees to notify its successor of this Agreement, and to provide for its assumption. CUSTOMER shall not be relieved of any obligations of this Agreement unless it is specifically assumed by another party and INCOMM is so notified and consents. If legal enforcement of this Agreement is necessary, the prevailing party shall be entitled to reasonable attorneys fees and costs. 11. If the FACILITY ceases to be used as a detention facility, CUSTOMER shall be relieved of any obligations of this Agreement for the period of time that the FACILITY is not used as a detention facility, provided that CUSTOMER notifies INCOMM of the situation in writing 30 days in advance; except that in the event that the FACILITY shall be moved to a new location(s), this Agreement, its terms and conditions shall govern the provision of telephones service for inmate use at the new location(s), and shall remain in full force and effect for the new location(s). 12. CUSTOMER wishes to have the monthly fee sent to the following address: 250 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 with check made payable to: ITY OF ARCADIA 13. This is the entire Agreement between the parties; there are no oral or other written arrangements or agreements of any kind. Any future modification of the Agreement must be in writing and be signed by the parties. This Agreement shall not be binding until signed by an officer of INMATE COMMUNICATIONS CORPORATION. CITY OF ARCADIA FACILITY NAME 250 WEST HUNTINGTON DRIVE FACILITY ADDRESS (STREET) ARCADIA, CA 91007 FACILITY ADDRESS (CITY, STATE & ZIP) (818) 574 -5150 FACILITY PHONE NO. AUTHORIZED SIGNAA�TURE DATE RA►Qi N%C- PPINTED NAME & TITLE CITY ATTORNEY SIvGNATURt (Approved as to form) l LI: l -rT. PRINTED NAME & TITLE INMATE COMMUNICATIONS CORPORATION 7107 VALJEAN AVE CK CA SON VAN NUYS, CA 91406 (800) 642 -6555 FAX (818) 782 -9001 INCOMM ACCOUNT NO. DIRECTOR, NATIONAL SALES MARGARET A. TALBOTT GENERAL MANAGER DATE ACCEPTED LETTER OF AGENCY The CITY OF ARCADIA hereby appoints INMATE COMMUNICATIONS CORPORATION, as exclusive agent with full authority to act on our behalf in matters relating to the provision and operation of Inmate/Holding Facility telephone service at the location listed below. This agency is to include, but is not limited to, inmate telephone service. INMATE COMMUNICATIONS CORPORATION is authorized to: obtain billing and usage information; purchase equipment offered for sale; order or disconnect service; select long distance carriers; and handle all billing. This authorization does not preclude our ability to act on our own behalf when we deem it necessary. This agreement may not be superseded by any other agreement without the mutually written agreement by the below signed parties. LOCATION NAME CITY OF ARCADIA 250 WEST HUNTINGTON DRIVE Street Address ARCADIA, CA 91007 City /State 818 574 -5150 Business Phone Signed William R. Kelly Printed Name City Manager Title INMATE COMMUNICATIONS CORPORATION Signed Printed Name Title Date: TELEPHONE NUMBERS (when applicable) 7107 Valjean Avenue • Van Nuys, California 91406 • Sales -Toll Free (800) 642 -6555 Bus.: (818) 782 -7094 Fax: (818) 782 -9001 Web Site — http: / /www.TheDrag.Net Member of: IACP, AJA, ACA, CPO, FOP, NSA