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HomeMy WebLinkAboutCAG1989-0026 - Amendment - #3 - US West Consumer Public Services - Public Telephone Service - 03/21/2001 Agreement Number SEA-891018-0414 AMENDMENT THREE TO THE SERVICE AGREEMENT BETWEEN QWEST CORPORATION AND CITY OF KENT City of Kent ("Customer")and Qwest Corporation ("Qwest"), hereby enter into this Amendment 3 to the Public Telephone Service Agreement SEA-891018-0414 ("Underlying Agreement"), in which Qwest provides Customer with Public and Inmate Telephone service. Section 1. Purpose of this Amendment 3. Customer and Qwest desire to modify the Underlying Agreement to provide Public and Inmate Telephone Service. Section 2. Modifications. 2.1 Clause 1, TERM currently reads: Inmate telephone and public telephone service shall commence the 23rd day of August, 1989, and shall continue in effect for a period of three (3) years ("initial term"). Upon completion of the initial Term, this Agreement may be extended or renewed by mutual written agreement of the parties for additional three (3) year period ("First Renewal Period"). Upon completion of the First Renewal Period, this Agreement shall be automatically extended or renewed until August 22, 2001 ("Second Renewal Period"), under the same terms and conditions unless terminated by either party upon thirty (30) days written notification. In the event this Agreement is neither extended nor renewed, and service continues to be provided to Space Provider, service shall continue on a month-to-month basis under the same terms and conditions unless terminated by either party upon thirty (30)days written notice. This section shall be modified to read as follows: Inmate telephone and public telephone service shall commence the 23rd daj of August, 1989, and shall continue in effect for a period of three (3) years ("initial term"). Upon completion of the Initial Term, this Agreement may be extended or renewed by mutual written agreement of the parties for additional three (3) year period ("First Renewal Period"). Upoo completion of the First Renewal Period, this Agreement shall be automatically extended or renewed until August 22, 2001 ("Second Renewal Period"), under the same terms and conditions unless terminated by either party upon thirty (30) days written notification. In the event this Agreement is neither extended nor renewed, and service continues to be provided to Space Provider, service shall continue on a month-to-month basis under the same terms and conditions unless terminated by either party upon thirty (30) days written notice. Upon completion of the Second Renewal Period, this agreement shall be automatically extended or renewed until August 22, 2004 (Third Renewal Period"), under the same terms and conditions unless terminated by either party upon thirty (30) days written notification. In the event this Agreement is neither extended nor renewed, and service continues to be provided to Space Provider, service shall continue on a month-to-month under the same terms and conditions unless terminated by either party upon thirty(30)days written notice. March 21,2001/AJS/0lclients/Public Access/Inmate/City of Kent/City of Kent Amendment 3.doc 1 SEA-891018-0414 2.2 Schedule A.2 TELEPHONES FOR USE BY INMATES Reads: USWC agrees to pay Space Provider a monthly commission equal to 30% of the Total Retail Revenue. Total Retail Revenue is defined as all revenue USWC receives from end users for local and intral-ATA calls including collect calls. USWC also agrees to replace the existing inmate call control equipment with new inmate call control equipment. Ownership of the Inmate call control equipment remains the property of USWC at the termination of this Contract. Schedule A.2. TELEPHONES FOR USE BY INMATES shall be modified to read as follows: USWC agrees to pay Space Provider a monthly commission equal to 30% of the Total Retail Revenue. Total Retail Revenue is defined as all revenue USWC receives from end users for local and intral-ATA calls including collect calls. USWC also agrees to replace the existing inmate call control equipment with new T-NETIX inmate call control equipment. Ownership of the Inmate call control equipment remains the property of USWC at the termination of this Contract. Section 3. Terms and Conditions. Except as amended herein, all other terms and conditions of the Underlying Agreement apply to this Amendment 3. Section 4. Execution. The parties hereby execute and authorize this Amendment 3 to be effective as of the latest date shown below and to expire coterminous with the Underlying Agreement. K =Y JAIL QWEST CORPORATION orized Signature Au o zed Signature uk SA-1Jt CF— �Ap� Name Typed or Printed Name Typed or Printed N 1ztW12, -TQ-A LL CYO Title Title �S /7 Date Date March 21,2001/AJS/Olclients/Public Access/Inmate/City of Kent/City of Kent Amendment 3.doc 2 SEA-891018-0414