This text is machine-read, and may contain errors. Check the original document to verify accuracy.
February 13, 2007
Ms. Kay R. Buck
Voice Lead
State of Delaware
Department of Technology and Information
Wn.. Penn Building
801 Silver Lake Boulevard
Dover, DE 19904
RE:
Revised Second Amendment to Agreement
Dear Kay:
Per your email dated February 12,2007, please find attached two (2) executed originals
of the Second Amendment to Contract Number DTI-05-000 1 between the Department of
Technology and Information and Public Communications Services. This updated
Agreement includes the subcontractor contact information you requested.
Please review and execute one (I) original and send back to my attention at the below
address.
Should you have any furiher questions or concerns regarding this, please feel free to give
me a call at (310) 954-3037.
~B'·
Tommie E. Joe
Chief Operating Officer
Public Communications Services, Inc.
cc:
Maureen O'Gorman
Chad Strong
Joe Pekarovic
Charles Freedman
Dennis Komai
11859 Wilshire 8oulevard, Suite 600 :: Los Angeles, California 90025 :: 310350.1000 :: www.pcstelcom.com
SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT (the "Amendment") is entered into as
of February _ , 2007, by and between Public Communications Services, Inc., a California
corporation ("Contractor"), and the Depariment of Tecimology and Information created under the
laws ofthe State of Delaware ("DTI").
RECITALS:
A
Verizon Delaware Inc. ("Verizon"), as Contractor's predecessor in interest, and
DTI entered into that certain Contract Number: DTI-05-0001 dated as of January I, 2005 (as
amended by the First Amendment, the "Agreement").
B.
Verizon and DTI entered into that certain Amendment # 1 to the Agreement, also
dated January 1, 2005 (the "First Amendment"), whereby certain terms and provisions of the
Agreement were anlended.
C
Contractor and DTI desire to further amend the Agreement on the terms and
conditions set forth below.
THEREFORE, in consideration of the foregoing recitals and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acimowledged, Contractor and DTI
agree as follows:
1.
Public and Semi-Public PavDhones. Contractor shall provide DTI public and
semi-public payphone services in consideration of the following payments:
(i)
for all payphones generating monthly gross revenues in excess of $150.00,
PCS shall pay DTl a commission equal to 5% of the monthly gross revenues;
(ii)
for all payphones generating monthly gross revenues between $100.00 and
$150.00, there shall be no cOl1ill1ission paid by PCS or fee paid by DTI; and
(iii)
for all payphones generating monthly gross revenues of less than $100.00,
DT! shall pay PCS $60.00 per month.
Installation and removal of all public and semi-public payphones as reasonably requested
by DTI shall be at Contractor's sole expense. Any approved Delaware agencies shall have the
right to participate in the above services upon the same terms and conditions set forth herein.
2.
Subcontractors. DTI hereby approves the following subcontractors retained by
Contractor to perform the identified services under and pursuant to the Agreement:
DTl2ndAmAgtvl2
(a)
Synergy Telecom Service Company Inc, (Public Payphone Subcontractor)
12126 E1 Sendero
San Antonio, Texas 78233
Charles Slaughter
800-582-6182
210-599-7743 (direct)
210-599-7913 (fax)
(b)
Communique Network Services Inc, (Inmate Payphone Maintenance
PO Box 6689
Subcontractor)
Beaverton, Oregon 97007
James Haile and Ralik Vergara
503-648-4583 (tel)
503-430-0594 (fax)
3.
Confirmation, Except as modified herein, the Agreement remains unmodified and
in full force and effect. In the event of a conflict between the terms of this Amendment and the
Agreement, the terms of this Amendment shall prevail,
4.
Counterparts. This Amendment may be executed in one or more counterpart
copies and each of which so executed, irrespective of the date of execution and delivery, shall be
deemed to be an original, and all such counterparts together shall constitute one and the same
instrument. The signature pages of one or more of the counterpart copies may be removed from
such counterpmi copies and all attached to the same copy of this Amendment which, with all
attached signature pages, shall be deemed to be an original Amendment.
5.
Entire Agreement. The Agreement and this Amendment contain the entire
integrated agreement between DTI and Contractor with respect to the subject matter of the
Agreement and this Amendment. There are no other representations, agreements, arrangements
or understandings, oral or in writing, between or among DTI and Contractor relating to this
subject matter which are not fully expressed in the Agreement and this Amendment.
[Signatures onfollowing pagel
DTI2ndAmAgtv 12
2
DTI and Contractor have executed this Amendment as of the date first written above.
Contractor:
Public Communications Services, Inc.,
a California corporation
~
Its:
DT!
Department of Technology and Information
By:
_
Its:
DT12ndAmAglv 12
3
