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HomeMy WebLinkAboutR-2004-158 Qwest Corporation Inmate Telephone Service Agreement Transfer to FSH Communications, LLCRESOLUTION NO. R-2004-158 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Consent to Assignment and Assumption of Obligations, Duties and Liabilities re Inmate Telephone Service Agreement" from the Qwest Corporation to FSH Communications, LLC. WHEREAS, the City desires that inmate telephone equipment and services be available for inmates of the City Detention Facility located in the Police/Legal Center, 200 South Third Street, Yakima, Washington; and WHEREAS, the Qwest Corporation ("Qwest") has provided said telephone equipment and services in a satisfactory manner for several years at no cost to the City; and WHEREAS, Qwest has sold its retail pay phone and inmate communications systems to FSH Communications, LLC; and WHEREAS, FSH Communications, LLC, is willing to continue to provide said telephone equipment and services to inmates of the City Detention Facility at no cost to the City and in accordance with all terms and conditions of the Qwest Inmate Telephone Service Agreement; and WHEREAS, FSH Communications, LLC, has requested that the City consent to the assignment of Qwest's Inmate Telephone Service Agreement to FSH Communications, LLC; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached Consent to Assignment and Assumption of Obligations, Duties and Liabilities re Inmate Telephone Service Agreement to FSH Communications, LLC, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Consent to Assignment" of the Inmate Telephone Service Agreement from the Qwest Corporation to FSH Communications, LLC. ADOPTED BY THE CITY COUNCIL this 5 th day of October 2004. ATTEST: City Clerk Paul P. George, Mayor Gni' -eo ©i'�a�`� Consent to Assignment and Assumption of Obligations, Duties and Liabilities Re: Inmate Telephone Service Agreement THIS CONSENT TO ASSIGNMENT OF, AND ASSUMPTION OF OBLIGATIONS, DUTIES AND LIABILITIES UNDER AN INMATE TELEPHONE SERVICE AGREEMENT is entered into by and between the City of Yakima (hereinafter the "City") and FSH Communications, LLC (hereinafter "FSH"). WHEREAS, pursuant to City of Yakima Resolution No. R-2003-119, on September 3, 2003, the City entered into an Inmate Telephone Service Agreement with Qwest Corporation (City Contract No. 2003-84) to provide telephone equipment and services for inmates of the City Detention Facility located in the Police/Legal Center, 200 South Third Street, Yakima, Washington; and WHEREAS, Qwest Corporation sold its retail pay phone and inmate communications systems to FSH and desires to assign said Inmate Telephone Service Agreement to FSH; and WHEREAS, under Section 16 of said Inmate Telephone Service Agreement, such assignment requires the prior written consent of the City; and WHEREAS, FSH is willing to carry out and comply with all terms and conditions of said Inmate Telephone Service Agreement and requests that the City execute this Consent to Assignment of said contract from Qwest Corporation. NOW, THEREFORE, the City and FSH agree to the following: 1. Consent to Assignment. Effective August 23, 2004, the City hereby consents to the assignment of the September 3, 2003, Inmate Telephone Services Agreement (City Contract No. 2003-84) from the Qwest Corporation to FSH Communications, LLC. 2. Assumption of all Duties, Obligations, and Liabilities. Effective August 23, 2004, FSH Communications, LLC, expressly understands and agrees to all terms and conditions and assumes all duties, obligations, and liabilities of Qwest under said. Inmate Telephone Service Agreement. City of Yakima FSH Communications, LLC By: By: Dick Zais, City ager ' Don Goens, President Date: / 0- 1-0 �f ATTEST: Kava, City Clerk City Contract No: W-"-/// Resolution No:4-A0-/-4,--r Date: September 27, 2004 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * K5 For Meeting of 9c42'' ITEM TITLE: Consideration of a Resolution to Consent to assignment and assumption of obligations, duties and liabilities regarding the Inmate Telephone Service Agreement from the Qwest Corporation to FSH Communications, LLC. SUBMITTED BY: Chief Sam Granato Captain Rod Light CONTACT PERSON/TELEPHONE: Chief Granato-5756211 Captain Rod Light -576-6393 SUMMARY EXPLANATION: The Yakima Police Department currently has an inmate telephone service agreement with Qwest Corporation. Qwest has recently sold its retail pay phone and inmate communications systems to FSH Communications. FSH is willing to continue to provide the same services to inmates of the Yakima City Jail at no cost to the City and in accordance with all terms and conditions of the Qwest Inmate Telephone Service Agreement. FSH Communications has requested that the City of Yakima consent to the assignment of Qwest's Inmate Telephone Service Agreement to FSH Communications, LLC. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: It is recommended that the Council adopt the resolution Regarding the assignment of Qwest's inmate Telephone Service Agreement to FSH Communications, LLC. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-158