CONTRACT 4050 Vender Agreement4050
EQUAL A.C. Em S-Wr 8
C O R P O R A T 1 O N
ACCESSIBLE TELECOMMUNICATIONS
INMATE COMMUNICATIONS CORPORATION
VENDING AGREEMENT
This Agreement is entered into between INMATE PHONES SYSTEMS (hereinafter "IPS "), a Division of Equal Access
Corporation (hereinafter "EAC"), a California corporation, and EL SEGUNDO POLICE DEPARTMENT
(hereinafter "Customer "), with respect to EL SEGUNDO JAIL (hereinafter
"Facility "), for the purpose of establishing a pay phone vending arrangement as described herein:
1. CUSTOMER hereby grants IPS an exclusive license to install and operate pay telephones for inmate use
at the FACILITY, and hereby leases its facilities for that purpose.
2. IPS shall have the exclusive right to obtain usage and billing information, order or disconnect pay
telephone services, select carriers, purchase available public utility equipment, and handle all billing and
payments in connection with such inmate phones.
3. IPS shall determine the number, type and location of the phones in cooperation with CUSTOMER, and shall
commence installation within sixty (60) days from the availability of a service line from the telephone utility
company. IPS shalt not be liable for any delays in installation beyond it's control.
4. IPS shall maintain the phones in good working order. The CUSTOMER shall keep the phones, enclosures,
and /or carts clean. IPS shall not be liable for any lost income during a period that any phone is out of order
or being repaired.
5. IPS shall pay all charges in connection with the inmate phones. In consideration of this license and
tease, IPS shalt pay CUSTOMER a fee of 35% percent of the Gross Receipts, which is defined as monies actually
received by IPS for inmate phone use 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 IPS at any reasonable time for installation and
servicing, except for safety or security purposes; CUSTOMER shall, at its expense, furnish uninterrupted
accessible 110VAC electricity to the point of correction, if required; and CUSTOMER shalt immediately notify
IPS of any phone malfunctions.
7. This Agreement is for 60 months. IPS may terminate this agreement at any time. CUSTOMER may
terminate this Agreement only if IPS fails to install phones as agreed, or correct any other default within 30
days after receipt by IPS of written notice of the problem. Performance by IPS 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 listed below. This Agreement shalt continue for additional 36 month
periods unless either party notifies the other in writing of its intent to terminate at least 90 days prior to
expiration.
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 IPS. CUSTOMER shall not move or remove the phones
without IPS's consent, nor permit any other entity to move or remove the phones without IPS's consent. Any
reasonable request by CUSTOMER for the addition, deletion, or relocation of phones shalt only be done with IPS's
consent and shall be at IPS's expense. IPS accepts no liability for holes in watts, floors, or other surfaces
which result from installation or removal of the phones. Upon termination of this Agreement IPS shalt be
responsible only to remove the phone equipment. CUSTOMER shall restore the premises to their original and safe
condition. IPS shall not be responsible for damage to the premises which occurs from vandalism.
10. IPS agrees to hold harmless, indemnify and defend the Customer, its offices, officials, employees and
agents from any and all damage arising out of the negligence of IPS, its officers, agents or emp'toyees.
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11150 Santa Monica Blvd., Suit • Los Angeles, California 90025 • (310) 445 -9100 • (800) 736 -3533 • FAX (310) 445 -5180
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11. This Agreement shall be construed and enforced under the taws of the State of CALIFORNIA and shalt be
binding upon the parties hereto, their successors and assigns. IPS may, at any time, sell or assign its
interest. 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 IPS is so
notified and consents. If legal enforcement of this Agreement is necessary, the prevailing party shalt be
entitled to reasonable attorneys fees and costs.
12. 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 IPS of the situation in writing 30 days in advance; except that in the event
that the FACILITY shalt be moved to a new location(s), this Agreement, its' terms and conditions shall govern
the provision of public pay telephones for inmate use at the new location(s), and shall remain in futL force
and effect for the new location(s).
13. CUSTOMER wishes to have the monthly fee sent to the following address:
with check made payable to:
14. This is the entire Agreement between the parties; there are no oral arrangements of any kind; any
future modification must be in writing, signed by the parties. This Agreement shalt not be binding until signed
by an officer of Equal Access Corporation.
EL SEGUNDO POLICE DEPARTMFW
FACILITY NAME
348 MAIN STREET
FACILITY ADDRESS (STREET)
EL SEGUNDO, CALIFORNIA 90245
FACILITY (CITY, STATE & ZIP)
(310)607 -2273
FACILITY PHONE NO.
AUTHORIZED SIGNATURE
PRINTED NAME & TITLE
EQUAL ACCESS CORPORATION
INMATE PHONE SYSTEMS
11150 SANTA MONICA BOULEVARD
SUITE 360
LOS ANGELES, CA 90025
(800) 736 -3533
IPS ACCOUNT NO.
CUSTOMER NAME (ENTITY)
CUSTOMER ADDRESS (STREET)
CUSTOMER (CITY, STATE & ZIP) -%
CUSTOMER PHONE NO.
DATE
IPS COMMUNICATION CONSULTANT
EAC OFFICER & TITLE
DATE ACCEPTED
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EQUINAL A=
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ACCESSIBLE TELECOMMUNICATIONS
LETTER OF AGENCY
appoints
ACCESS CORPORATION (EAC), dba\ INMATE PHONE SYSTEMS, as exclusive
agent with full authority to act on our behalf in matters relating
to the provision and operation of Telephone Service at the location
listed below. This agency is to include, but is not limited to,
pay telephone service.
EAC is authorized to; obtain billing 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.
LUCxxrz0m mxm«E
EL SEcmmoo soLzcE DEPT.
348 MAIN STREET
Address (Street)
EQUAL ACCESS CDog0oArzOm
Signed
EL SggL�W, 98LIEMIA 90245 NORMAN WEST
Address (City/State) Printed Name
(310 1607-227A NATIQNAL SALES MANAGER
Business Phone Title
Signed
Printed Name
Title
Date
Rev. 050190 IPSLOFA.WPD
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PAY TELEPHONE NUMBERS
(when applicable)
z-co-7
11150 Santa Monica Blvd., Suite 360 - Los Angeles, California 90025 - (310) 445-91 oo - (800) 736-3533 - FAX (310) 445-5180