Prison Phone Justice

Nov

14 2008 4:17PM

DEPT OF TECHNOLOGY & INFO

3027392947

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 Department of Technology and Information created under the
laws of the State of Delaware ("DTI").
RECITALS:
A.
Verizon Delaware Inc. ("Verizon"), as,~ontractor's predecessor in interest, and
DTI entered into that certain Contract Number: DTI-05-000l 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 amended.
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 acknowledged, Contractor and DTI
agree as follows:

I.
Public and Semi-Public Payphones. 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 DTI 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 commission paid by PCS or fee paid by DTI; and

(iii)
for all payphones generating monthly gross revenues of less than $100.00,
DTI 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:

DTI

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/

14 2008 4:17PM

DEPT OF TECHNOLOGY & INFO

3027392947

7
(a)

Synergy Telecom Service Company Inc. (Public Payphone Subcontractor)
12126 El 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.
Confinnation. 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
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
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instrument. The signature pages of one or more of the counterpart copies may be removed from
such counterpart 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 Wlderstandings, orai or in writing, between or among D 11 and Contractor relating to this
subject matter which are not fully expressed in the Agreement and this Amendment.
[Signatures onfoilowing page]

DTI
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14 2008 4:17PM

DEPT OF TECHNOLOGY & INFO

3027392947

/

DTI and Contractor have executed this Amendment as of the date first written above.

Contractor:
Public Communications Services, Inc.,
a California corporation
By.<'Z
Its:

DTI
Department of Technology and Infonnation

tly:

DTI

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