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INMATE m.EPHONE AGREEMENT Addendum Number!
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Addendmn, entered into the 25th of April 2005, between Walton County and the Sheriff
of Walton County of the one part, hereinafter" SheriB:" ~Pay Tel Communications, Inc. of
the other part, here~ "Pay Tel," modifies the Inmate TelecommUJlications ~ent
(hereafter refelred to as the "Agreement") dated January 8, 2002.
·
For and in consideration of the mutual promises and convenants contained herein, Pay Tel and
County, parties to an existing Agreement, hereby agree to modify the Agreement as follows:
1. 3.1 TERM. The initial term ending March 12, 2007 will be extended five (5) years, to
and incl\illng March 12, 2012. This Agreement shall be automatically renewed for
successive :five (5) year terms unless written notice of intent to terminate is given by
either party no more than 120 days and not less than 60 days prior to the expiration of the
then current term. Such notice shall be given in strict conformance with Paragraph 8.1.
2. 4.0 CO~ONS. The commission payment shall be the following percentages of all
Gross B" ab e revenues: forty-three percent (43%).
PAYTELCOMMUNI~
WALTON COUNTY JAIL:
(Seal)
By: k'Ev1 tJ w • L1"lT§
Authorized Agent for County
(Printed)
A~qa.P ;::f~J
Date:
lP
/a.:/ aS
By:~
By: Vincent Townsend
mm}__
(Printed)
A~ ~~1*
IR
as .
Date:
- i ..
Account Representative: Randy Chestt;r
....
INMATE TELECOMMUNICATIONS AGREEMENT
This~Teleeomrmmications Agreei_pent (hereinafter "Agreement"), made and entered into
this
day of~ 20~ by and between Board of Commissioners of Walton
County
rgia and the~ ~~altoiiCounty Georgia of the one part, hereinafter collectively
"County," and Pay Tel Commumcations, Inc. of the other part, hereinafter "Pay Tel."
WHEREAS, Sheriff and Pay Tel desire to enter into a long tcmt relationship pursuant to which
Pay Tel will act as ·the exclusive agent and provider of inmate telecommunications equipment
services (hereinafter so~etimes "Services"); and
and
WHEREAS, County understm;ids the financial commitment on the part of Pay Tel in providing
equipment associated 'With such services and agrees to cooperate and assist Pay Tel as set forth
below.
NOW THEREFORE, in consideration of the mutual promises and obligations hereunder, the
parties to this Agreement do hereby agree as follows:
1.0. Aumown: TO CONJRACT
1.1
Walton Cowrty is a politioal subdivision of the State of ~rgia and authorized to enter
into contracts of the type herein.
2.0 Location
2.1
This Agreement is for Services at or connected to the premises at the location or locations
descn"bed in Exhibit A ~ttached hereto (the "Premises").
3.0 Tenn
3.1
The term of the Agreement shall commence upon the installation of the inmate telephone
system and shall continue for a period of five (S) years from that date. This Agreement shall be
automatically renewed for successive five (5) year terms unless written notice of intent to
terminate is given by either party no more than 120 days and not Jess than 60 days prior to the
expiration of the then current term. Such notice shall be given in strict confonnance with
Paragraph 8.1 below.
3.2
During the original or any renewed term of this Agreement, Sheriff shall not grant the
right of installing Services upon the Premises to any other company or person.
3.3
ln addition to Services, Pay Tel s~ have the exclusive right dUring the original or
renewed tenn of this Agreement. to act as inmate telecommunications agent for Sheriff and the
County as to all inmate telecommunication Sernces upon the Premises. In this regard, Sheriff
agrees that it will not authorize any party other than Pay Tel to act as its agent for the purposes of
negotiating, obtaining, ren~. or terminating contracts or agreements relating to the
~on, operation and provision of inmate telecommunications equipment and services at the
Premises.
5.8
Pay Tel agrees to confonn with all applicable local, state and federal requirementS
concerning the provision of Services to those with disabilities as defined by the Americans Wrth
Disabilities Act (hereinafter the "ADA11). Sheriff shall cooperate with Pay Tel to ensure
compliance with all access r~uirements contained in applicable local, state and federal regulations
relating to those with disabilities as defined in the ADA
6.0
TERMINATION
6.1
County may terminate this Agreement in the event that Pay Tel materially·WJs to perform
its obligations under this Agreement and said material f8ilure shall continue for a period of thirty
(30) days after written notice to Pay Tel of said failure is given pursuant to Paragraph 8.1.
6.2
Pay Tel may terminate this Agreement at any time upon thirty (30) days written notice to
County in the event that regulations governing the operation of the Services prew.nt Pay Tel from
performing its obligations under this Agreement.
6.3 Pay Tel may te~nate this Agreement in the event that the anticipated distn'bution (mtra.
and inter-lata) of calls or permissi"ble charges for calls, differs by more than ten percent (10%)
form the actual distribution or charges for calls and such difference persists for more than three
(3) months. In the ev~nt that Pa): Tel d.etermines that such revenue differences exist, Pay Tel
agrees to notify County of such differences and both parties agree to work in good faith towards
an amendment to this Agreement that would accommodate the interests of both parties.
6.4
Pay Tel also may terminate this Agreement, either in whole or in part, at any ume upon
sixty. (60) days written notice in the event that Pay Tel deems the provision of
telecommunications Services to any particular facility to be unprofitable. If Pay Tel terminates this
Agreement as to any less than all of the facilities· covered by this Agreement, such termination
shall not affect Pay Tel's right to continue providing Services at such other facilities as are not
covered by such termination.
7.0 SUa;,ESSORS JN INTEREST
7.1
County agrees that Pay Tel shall have the right to assign this Agreement and that Pay Tel
shall have the right to grant a security interest in this Agreement and in any of Pay Tel's equipment
on the Premises includin$ any and all telephones and their enclosures and/or pedestals, or other
equipment associa~ed with Pay Tel's Services. Thi~ Agr~emen: shall . b~ ~ding upon f!le
successors and assignees of both County and Pay Tel, including. without limitation, any financial
institution providing fi~ncial accommodations to the County or Pay Tel.
·s.o
MISCELLANEOUS PROVJSIONS
8.1
All notices required to be given under this Agreement and the attached exlu"bits shall be
sent to Pay Tel and to County addressed as shown on the signature page of this Agreement
Notices shall be sent by certified mail, return receipt requested. The date of mailing shall be
deemed to be the date of giving such notice.
8.2
This written document, including Exlubit A and the Agency Agreement, shall constitute
the entire understanding of the parties and all~~~ agreements and understandings are mer~ed
herein. This Agreement shall not be modified,
eel or altereq in any respect ~t in writing
signed by County, and Pay Tel. The following additional Exln"bits;, Addenda or Riders. if any, are
hereby incorporated by reference into Uris Agreement:
No Addidqm
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8.3
This Agreement shall be construed in accordance with the Jaws ofthe State of Georgia.
8.4
In the event that any paragraph or part of the .agreement is held to be void or
unenforceable under any law or regulation, all other paragraphs and subparagraphs hereof shall be
deemed severable and remain in full force and effect.
8.5
The plural number as used herein shall equally include the singular and the masculine,
feminine, and neuter genders are interchangeable as required by context.
8.6
Any_ and all cl~ms or disput~ arising out o.f.or relating to this ~~~tor ~.br~ch
thereof shall be submitted to a mediator as a condition precedent to the institution of litigation.
The parties shall agree on a mediator but, if they are Wlable to so awee. they will submit a request
for mediation to the American Arbitration Association. The parties agree to share the cost of
mediation equally.
(INTENTIONALLY LEFT BLANK)
This Agreement entered into as of the day and year first written above.
Walton County Georgia
a~l,U.{jl~
Dated: \ - ~ -0 :J.
_
Chainnan of the Board of Commissioners of
Walton County Georgia
Address:
"""? b &
U'l(
Dated:
--------~--=--'~--
s <65
l"n g:o.f..p<.. , GA
"3o<oSS
ohn W. Spence,
Address:
Account Representative:
Randy Chester
Post Office Box 8179
Greensboro, North Carolina 27419
Phone:S00-729-8355
120 West Highland Avenue
Fax:
Monroe, GA 30655
(770) 267-8843
I·
800-776-8423
.. .
EXHIBIT A
l_ROPEBTX DESCRIPTION
The Premises which are the subject of the Agreement dated
Walton County Jail
1425 South Madison Ave.
Monroe, Georgia 306SS
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Page 1of1
"
Tammy Kirk
From:
Leta Talbird [ltalbird@co.walton.ga.us]
Sent:
Wednesday, April 03, 2013 1:41 PM
To:
Tammy Kirk
Subject: Pay Tel Contract
Tammy,
See attached. Sorry it took so long to get this to you.
Leta
This message has been scanned for viruses and
dangerous content by MailScanner, and is
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4/4/2013
