HomeMy WebLinkAboutRES.1167.05-06-1996 BILL NO. 96-137 RESOLUTION NO. II��
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH GATEWAY
TECHNOLOGIES, INC. FOR AN INMATE TELEPHONE
SERVICE AT THE CAPE GIRARDEAU POLICE
DEPARTMENT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Gateway Technologies, Inc. for installation of
interlata and interstate inmate telephone service at the Cape
Girardeau Police Department. A copy of said Agreement is attached
to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS ''�.�C �c DAY OF � 19 ��-
A. . Sp adling, I , Mayor
ATTEST:
.
;_
�� � S.
i
Gayle . Conrad
Deputy City Clerk
� � i
, '. t .
AGREEMENT
FOR
INSTALLATION OF INTERLATA AND INTERSTATE INMATE TELEPHONE
SERVICE
THIS AGREEMENT ,entered into this [ �r day of J��E— , 1996,by and between the
CITY OF CAPE GIRARDEAU,Missouri,hereinafter referred to as"CLIENT" and
GATEWAY Technologies, Inc., hereinafter referred to as "GATEWAY".
i.TERM
The initial term of this Agreement shall be for a period of four (4 )years commencing on the � th
day of ��t- , 1996;this Agreement will coincide with the Southwestern Bell contract. This
agreement will be renewed automatically for a like period unless either party terminates the agreement by
notifying the other party in writing of its intent to do so within thirty (30)days of the expiration of the .
original term.
l.l CLIENT may cancel this Agreement with sixty(60)days advanced written notice if GATEWAY fails
to perform the service outlined herein. GATEWAY shall be given 30 days notice to correct any
performance failure prior to cancellation of this Agreement.
1.2 GATEWAY may cancel this Agreement with sixty(60)days advanced written notice if GATEWAY
determines that providing telephone service to CLIENT negatively impacts the business of GATEWAY.
2. SPECIFIC AUTHORIZATION
CLIENT hereby authorizes GATEWAY to provide interLATA and interstate telephone service for
inmate telephones located at CLIENT'S designated site.
3. SERVICES TO BE PROVIDED
GATEWAY shall provide the following for the duration of the Agreement as specified herein.
3.1 Within 45 days of the execution of this Agreement,GATEWAY shall install and provide interLATA
and interstate telephone service at its sole cost and expense for the inmates at CLIENT'S designated site.
3.2 GATEWAY shall maintain interLATA and interstate inmate telephone service at all times. Should a
breakdown occur,CLIENT shall immediately contact GATEWAY'S service department at 1-800-395-
1535 and describe the nature of the problem. GATEWAY personnel will then attempt to remotely
diagnose and correct the problem. All repair work shall be done in such a manner as to minimize the
disruption of telephone service and assure the integrity of the facility security at all times.
33 GATEWAY shall assume all costs associated with providing interLATA and interstate inmate
telephone service.
3.4 GATEWAY shall be responsible for all billing and collections but may contract with third parties to
perform this function.
3.5 GATEWAY shall assume responsibility for fraudulent billings.
Page 1 of 2
t .
.
4.PROPERTY RIGHTS
All GATEWAY products and software, if any, located at CLIENT'S designated site shall at all times
remain the property of GATEWAY.
5. CLIENT REQUIREMENTS
CLIENT shall provide GATEWAY with a letter of agency, or similar written instrument granting
GATEWAY authority on behalf of CLIENT to secure interLATA and interstate telephone service with
third parties.
6. RIGHT OF ACCESS
CLIENT shall afford GATEWAY personnel,or contractors retained by GATEWAY,reasonable access to
the System(s),or any part thereof,in order to perform routine inspections and make necessary repairs.
7. COMMISSIONS
GATEWAY shall pay CLIENT on a monthly basis thirty-six percent, (36% ), of billed revenue from
interLATA and interstate inmate telephone calls from the inmate telephones originating from the
CLIENT'S facility. GATEWAY assumes sole risk of uncollectible revenues. InterLATA and interstate
calling shall be billed at prevailing AT&T collect call rates.
7.1 Commission payments shall be made payable to: City of Cape Girardeau
P O Box 617
Cape Girardeau MO 63702-0617
8. NOTICES
Any notices to be given hereunder shall be directed as follows:
To: City of Cape Girardeau Police Department To: GATEWAY Technologies,Inc.
40 South Sprigg Street 1544 Valwood Parkway, Suite 102
Cape Girardeau,MO 63703 Carrollton,Texas 75006
Attn: Chief Howard H.Boyd,Jr. Attn: Vice President/Marketing
9. ENTIRE AGREEMENT
This Agreement represents the entire agreement between the parties and supersedes all prior oral and
written communications.
10. BINDING EFFECT
This Agreement shall not be binding upon either party until accepted in writing by an authorized
representative of GATEWAY at its offices in Carrollton,Texas. Upon such acceptance,this Agreement
shall be ' 'n pon the parties hereto,their successors and assigns.
TY of CA�GIRARDEAU GATEWAY Technologies,Inc.
By:
� Michael G. Miller � , ,/�
Title: r;t� i„i�„a��. Title:,�, V. (�• �L,-,77�t/(r
Page 2 of 2