SUBSTITUTE                                                          ADOPTED  - DECEMBER 9, 2008

                                                                                                                        Agenda Item No. 31

Introduced by the Law Enforcement Committee of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO TERMINATE THE AGREEMENT FOR LOCAL AND LONG DISTANCE SERVICE FOR INMATE AND PUBLIC PAY TELEPHONES

RESOLUTION #08-364

WHEREAS, the County entered into a five-year agreement with Infinity Networks Inc., for new equipment, new visitation telephones, local and long distance service for all inmate and public telephones based on the terms and conditions as outlined in the Request for Proposals Packet #18-05 and Infinity Networks Inc., response dated August 16, 2005; and

WHEREAS, the current vendor has failed to perform satisfactorily and is in material breach of the Agreement for failure to pay the commissions due and owing under the Agreement; and

WHEREAS, the Ingham County Controller/Administrator has provided a communication to Infinity Networks, Inc./ DC TeleSystems, LLC giving notice of Ingham County’s intent to terminate the Communication Services Agreement, effective January 1, 2009, or as soon thereafter as a new inmate telephone system is in place.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby adopts this resolution in support and concurrence of the actions of the Ingham County Controller/Administrator giving notice to Infinity Networks, Inc./DC TeleSystems, LLC of Ingham County’s intent to terminate the Communication Services Agreement, effective January 1, 2009, or as soon thereafter as a new inmate telephone system is in place.

BE IT FURTHER RESOLVED, that Ingham County reiterates its demand for payment of all unpaid commissions due under the Agreement, and reserves the right to pursue its remedies to collect this contractual debt.

The Law Enforcement Committee will meet 12/4/08.