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<br />" <br /> <br />'. <br /> <br />A-2004-069 <br /> <br />ifŒJfJANt;E NOT I]CQll1l1CU <br />wonK M,W ¡'[IOWli <br />CLERK Of COUNCiL <br />DATE, 5-1 'i-otj <br /> <br />G:11> <br />h's~ <br /> <br />FIRST AMENDMENT TO <br />INMATE TELEPHONE SERVICE AGREEMENT <br /> <br />THIS FIRST AMENDMENT TO A GREEMENT is entered into this ð Js-r day <br />of March, 2004 ("Amendment Effective Date") by and between Pacific Bell Telephone <br />Company, fonnerly known as Pacific Bell, now d/b/a SBC California, a California <br />corporation (hereinafter "SBC"), and the City of Santa Ana, a charter city and municipal <br />corporation of the State of California ("City"), SBC and City may hereafter be referred <br />to jointly as the "Parties" and individually as "Party", <br /> <br />Recitals: <br /> <br />A, The City and Pacific Bell entered into Agreement #A-1999-032, dated April I, 1999, <br />(hereinafter "said Agreement") by which SBC has provided pay telephone service to <br />the inmates at the Santa Ana Jail Facility. <br /> <br />B, The City and SBC wish to amend said Agreement to amend the <br />commission/compensation rate paid by SBC to City, set forth their agreement <br />regarding SBC's obligation to provide an upgraded telephone system and extend the <br />term of said Agreement for an additional three (3) years. <br /> <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />First Amendment to said Agreement, the Parties agree as follows: <br /> <br />I. Section I, Term of this Agreement, shall be amended to extend the term for an <br />additional three-year period commencing April I, 2004 and ending on March 31, <br />2007, <br /> <br />2. Section 2, Termination of AGREEMENT, is hereby deleted in its entirety and <br />replaced with the following: <br /> <br />"Either Party may tenninate this Agreement immediately following <br />written notice in the event the other Party is in default as to any of its <br />material obligations hereunder, provided that (a) the defaulting Party <br />has received a written notice containing a reasonably complete <br />description of the detàult and (b) the defaulting Party has failed to cure <br />the default within thirty (30) days of receiving such notice." <br /> <br />3. Section 6, Features and Services, shall be deleted in its entirety and replaced with <br />the following: <br /> <br />"SBC shall provide state of the art equipment on the rcs rnmate Calling <br />Solutions, L.L.C. ("rCSolutions") platfonn, for inmate phone services. Said <br />