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HomeMy WebLinkAboutInmate Calling Program Agreement Augusta Richmond GA DOCUMENT NAME: -:IJ--.~ Co.IIJ r'::j<"'" ~WYlWf. DOCUMENT TYPE: A seem e..Tb YEAR: BOX NUMBER: 17 FILE NUMBER: ((P?J q q NUMBER OF PAGES: 8 'i, ...... ~\W':\. ,. \.. ,... ,'\ ,. , . ;. -::.,... " INMATE CALLING PROGRAM AGREEMENT This Inmate Calling Program Agreement ("Agreement") is entered Into between TCG Public Communications, Inc. ("TCG"), a wholly owned subsidiary of AT&T Corporation Uointly "A T& T"), and Richmond County Correctional Institute ("RCCI"), an instrumentality of Augusta, Georgia. WHEREAS, RCCI wishes, and A T& T agrees, to have AT&T be the exclusive provider of inmate telephone stations and be the primary carrier for operator assisted ("0+') local, and IntraLATA and InterLata, Interstate and International calls placed from inmate , telephones at the County Correctional Facility. NOW, THEREFORE, in consideration of the mutual benefits accruing to each party, the parties hereby covenant and agree as follows: , 1.0 DEFINITIONS 1.1 'AT&T Revenues' - means billed revenues for AT&T Undesignated Non-Sent Paid Calls originated from the Telephones. 1.2 'Attachment B' - provides payee information, geographical address at which the Telephones are located, and (if available) the line numbers for the Telephones which will rout all undesignated Non-Sent Paid Calls to the AT&T network. , 1.3 'AT&T Undesignated Non-Sent Paid Calls' - means Non-Sent Paid Calls (excluding all 500, 700, 900, 00 type numbers (e.g., 888, 877, etc.) and Directory Assistance calls), handled through AT&T's OSPS and carried on the A T& T network without using an 800 access code such as 800 OPERATOR, 800 CALL ATT or 800321-4288. 1.4 'Location' - means the Richmond County Correctional Facility Institute. 1.5 'Non-Sent Paid Calls' - means collect calls, calls billed to a third telephone number and calls billed to telephone calling cards or major credit cards. 1.6 'OSPS' - means A T& 1'8 Operator Services Positioning Systems which provide the public with access to the AT&T network. 1.7 'PIC' - means primary inter-exchange carrier. 1.8 'Telephones'-:- means coinless inmate telephones at the Location which are restricted for use by Inmates only, where such telephones are provided by AT&T directly or through its subcontractor(s). ..........- 1.9 'Subcontractor' - means any entity that provides inmate telephone service on behalf of A T& T. " ':11...-" ." ,. '-"1ltr. " 2.0 TERM AND TERMINATION 2.1 This Agreement will begin as of the 16th day of the month following the signature by both parties and shall continue until January 22, 2005 ("Initial Term"). (AT&T will begin paying commissions the day the inmate system is cut-over) 2.2 Either party may terminate this Agreement with respect to the Location if the Federal Communications Commission, a State Public Utility Commission or a Court of competent jurisdiction issues an order or ruling that materially and adversely affects this Agreement, or that the party's ability to perform its responsibilities as serforth herein. Such termination shall not give rise to any claims for damages, provided, however, that the parties shall comply with their obligations hereunder up to the date of termination. 2.3 If either party shall default in the performance of any of its obligations hereunder and fails to cure said default within thirty (30) days of written notice describing said default, the non-defaulting-party shall have the right to terminate this Agreement, upon or after expiration of said thirty (30) day period, by subsequent written notice of termination. 3.0 RCCI RESPONSIBILITIES 3.1 RCCI represents and warrants that it is authorized to enter into this Agreement and to choose the source of service and make decisions concerning telephone service at the Location, including, but not limited to, arrangement for the placement of the Telephones and the right to select the PIC for undesignated operator assisted ("0+") calls placed from the Telephones. RCCI further represents and warrants that it is authorized to perform or be responsible for the performance of all of the RCCI'S duties and' responsibilities contained in this Agreement, and to receive the commission set forth below. 3.2 RCCI represents and warrants that it is authorized to permit TCG to install and operate the Telephones. RCCI further represents and warrants that it complies and will continue to comply with all state and federal regulatory requirements relating to the operation of such Telephones that are applicable to it. L\ 3.3.1 RCCI agrees to send all undesignated local and intraLA TA Non Sent Paid Calls to A T& Tas of the effective date of this Agreement and shall cause or authorize such calls to be routed to A T& T'S asps for carriage on the AT&T network. A T& T shall be the exclusive provider of Inmate Telephones and services at the Location. The provisions contained in this subsection shall not apply to Telephones: (i) covered 2 -.'"',,,:vL ..<1 '\. 'i-. '~..~ by a binding contractual commitment or requiring such undesignated IntraLA T A end/or local Non-Sent Paid Salls to be delivered to another carrier until such commitment expires or can be terminated without a breach of contract or payment of termination charges; or (ii) if such routing of calls to AT&T violates a state or federal law or regulation. 3.4 RCCI shall be responsible for and shall, at its expense: provide reasol1able space and lighting at the Public Telephones; be responsible for maintaining the 11 a-Volt AC electrical service and for payment of recurring utility service bills; keep the Public Telephone areas free from debris and obstructions; take reasonable precautions to protect A T& T property from damage, vandalism, theft or hazardous conditions and promptly report any damage, vandalism, theft, service failure or hazardous condition to AT&T; provide AT&T or its designee with reasonable access to the Telephone records relating to this Agreement; and provide AT&T, its agents or representative, access to the Telephones at reasonable times upon request. 3.5.1 RCCI shall use its best efforts to notify A T& T in writing, ten (10) business days prior to any renovation work to be performed at RCCI Location to provide AT&T with ample time to remove or modify any equipment. If AT&T provides written notification to RCCI, RCCI shall be responsible for the repair or replacement orany malfunction of the facilities conduit, wiring or other conditions which would prevent the operation of the equipment to be placed or repaired under this Agreement, (for instance: remolding, inmate abuse, fire etc, does not include standard installation or repair that AT&T is responsible for). 4.0 AT&T RESPONSIBILITIES 4.1 AT&T agrees to pay RCCI a monthly commission at the rate of 45.0 % of the gross revenue from AT&T Undesignated Non-Sent Paid calls placed from the inmate Telephones at RCCl's Locations. 4.2 No commissions shall be paid on revenue from AT&T Undesignated Non- Sent Paid Local andintraLATA calls placed from the Telephones unless the Local and IntraLA T A calls are covered under this Agreement and all of the undesignated Non-Sent Paid calls for that particular call type are being routed to the AT&T network. AT&T will only pay commissions on inmate calls made over AT&T's inmate system. C,! 4.3 Revenues from Local and IntraLata AT&T Undesignated Non-Sent Paid calls 'will be calculated based on a commission cycle that begins on the 16th day of the month and ends on the 15th day of the following month. AT&T's , obligation to pay commissions will begin on the date that the A T& T provided inmate system begins to carry calls from all of RCCI inmate Telephones. 3 '~r'. 0", 7'" A T& T will generate a commission check no more than 45 days after the last billed call record to RCCI at the following address: Richmond County Correctional Institute 2314 Tobacco Road Augusta, Georgia 30905 Deputy Warden Sharon Broady 4.4 At such time as RCCI arranges to have all undesignated local and IntraLATA Non Sent Paid Calls covered under this Agreement routed to the A T& T network, AT&T, either itself or through its subcontractor, shall provide Telephones, enclosures, wiring, ancillary equipment and maintenance in accordance with industry standards, at RCCI Location(s). 4.5 AT&T agrees to provide Inmate Calling Service ("ICS") to RCCI either itself or through its subcontractors, at the Location. A T& T agrees that there will be no additional cost to RCCI for AT&T's provision of AT&T ICS to RCCI. In order to provide ICS, AT&T will cause certain "control" equipment to be placed at either RCCI premises or an off-premises location; however, to the extent such equipment is already in place at RCCI premises and compatible with ICS, A T& T will use that existing equipment. AT&T shall have the right . and responsibility to ensure that the ICS equipment is maintained in proper working order.' If the equipment is placed at RCCI premises, RCCI shall provide necessary space, power, heat, air conditioning, and any other reasonable requirements necessary for the functioning of the equipment required to provide ICS. However, RCCI shall not be required to provide additional power, heat or air conditioning services that are specialized in nature. RCCI shall permit AT&T or its subcontractor reasonable access to the equipment in order to maintain the equipment. 4.6 All equipment placed pursuant to this Agreement shall remain the property of A T& T or its subcontractor, as the case may be, and at the termination or expiration of this Agreement, A T& T shall have the right to enter the premises, under the supervision of RCCI, and remove any said equipment placed thereon pursuant to this Agreement. Upon removal of the equipment, AT&T or its subcontractor shall be responsible for any damage to the premises to the extent such damage is caused by the negligent acts or omissions of A T& T or its Subcontractor. 4. 7 AT&T will charge no more than the live operator assisted tariffed rate of the dominant carrier in that area for local and intraLA T A calls. The length of call restriction shall be mutually determined and agreed upon by RCCI and AT&T. i \-----, 4.8 Except in cases involving willful or wanton misconduct, AT&T's liability to RCCI is limited to its obligations to pay commissions as set forth herein. AT&T SHALL NOT BE LIABLE FOR INTERRUPTION OF SERVICE FOR ANY CAUSE OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 4 . .~"5:7,,,~.:...- . . :(1. ~ ,'. . . CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT AT&T HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE),"BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. AT&T's rights and obligations regarding its provision of communications services to end user callers is as set forth in its applicable tariffs. ADDITIONALLY, THERE ARE NO AGREEMENTS, WARRANTIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN. 4.9 Except in cases involving negligent acts or omissions or in the event of a material default by either party in its performance under the Agreement, if the "Party" that terminates the Agreement at any time prior to the expiration of the term of the Agreement, in addition to any other remedies available to the Party at law or in equity. The Terminating Partyshall pay a termination charge to other Party, within thirty (30) days of such termination, calculated in the following manner: Twenty-six and one-half cents ($.265) times the average number of messages per month for all months prior to termination, times the number of months remaining in the term of the Agreement at the time of termination. 4.1 0 AT&T represents and warrants that it will be responsible for the acquisition, installation and maintenance of the inmate Telephones, and for the access line and usage charges of such Telephones. 5.0 INFORMATION 5.1 All information relating to AT&T Non-Sent Paid Calls such as usage Information, including, but not limited to, call tracking and call records, hereinafter "Information", shall remain the property of AT&T and when in tangible form shall be returned upon request. All Information shall be kept confidential by RCCI a'nd shall be used only in RCCI performance hereunder. 6.0 OPEN RECORDS ACT 6.1 Contractor acknowledges that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.C.G.A S 50-18-70, et seq.). Contractor shall 'cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law LJ 5 .. .~., . .?~..'- ;" , ' ,; 7.0 INDEPENDENT CONTRACTOR 7.1 It Is expressly understood and acknowledged that the parties are entering into this Agreement as independent contractors and that this Agreement is not intended to create, nor shall it be construed as creating, any type of partnership, joint venture, orfranchise relationship between~T&T and RCCI. 8.0 NO THIRD PARTY BENEFICIARIES 8.1 This Agreement shall not provide any Person not a party to this Agreement with any remedy, claim, Liability, reimbursement, commission, cause of action or other right in excess of those existing without reference to this Agreement. 9.0 FORCE MAJEURE 9.1 Either party's delay in, or failure of, performance under this Agreement shall be excused where such delay or failure is caused by an act of God, fire or other catastrophe, electrical, computer or mechanical failure, work stoppage, riot, government regulation, delays or failure to act of any carrier or agent, or any other cause beyond a party's direct control. - 10.0 GOVERNING LAW 10.1 This Agreement shall be governed by and interpreted according to the domestic laws of the State of Georgia. The parties agree to be subject to the jurisdiction of the Courts of the State of Georgia. 11.0 VENUE 11.1 All claims, disputes, and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 12.0 NOTICES {'; ~' 12.1 All notices which may be given by any party to the other party shall be in writing and shall be deemed to have been duly given on the date delivered in 'person or certified overnight carrier or deposited, postage prepaid, in the United States mail via Certified mail, return receipt requested, to the following addresses: 6 . (2'.. (,', ., ".-~ i For TCG and AT&T: For RCCI: TCG Public Communications Inc. Two Teleport Drive Staten Island, New York 10311 Mr. Paul Dannacker Richmond County Correctional Institute 2314 Tobacco Road Augusta, Georgia 30906 Deputy Warden Sharon Broady 13.0 ASSIGNMENT. 13.1 Neither Party shall assign or transfer its rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Provided, however, that AT&T may freely assign this Agreement to any corporation controlling, controlled by or under common control with AT&T or TCG, or to a bona fide successor in interest to substantially all of the business of A T& Tor TCG. 14.0 ENTIRE AGREEMENT; AMENDMENTS 14.1 This Agreement and any Attachments hereto, and specifically Attachment A hereto, shall constitute the entire understanding between the parties, and supersede all prior understandings, oral or written representations, statements, negotiations, proposals and undertakings with respect to the subject matter hereof. No amendment to this Agreement shall be valid except if it is in writing, refers specifically to this Agreement, and is subscribed by authorized representatives of the parties. 15. This agreement is executed in two counterparts, each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. IN WITNESS WHEREOF, the parties have set their hands as of the day and year written below, acting through their authorized representatives. TCG: TCG Public Communicat::ms, Inc. (AT&T). Signature: U ~ ,?y?4.n-e' Name: ~/'"7';t/ K /r"/L-~ t<./..o Title: k k?'/~ RCCI: Richmond Cou~Correctionallnstitute Signature: 4/~..~ Name: Robert Leverett Title: Warden, RCel RCCI Federal Tax 10 Number 58-2204274 .'--.... 7 .," ~::: .:~: J . . ;- f AT&T Commission Rate and Bonus Structure AT&T has two components- to our fInancial offer for the City of Augusta-Richmond County Correctional Facility: L AT&T. proposes to the City of Augusta-Richmond. County Correctional Facility a 45.00/0 c(}mmissffin rate payable on all re:r,tenues generated from the Inmate Telephones. Some companies will offer a higher rate, but it may be paid.onJy. on "gross. billable or gross..~ollected" revenues. 2.. AT&.T-pro.poses 80 % of all first ,year. estimated c.4)mmissions up-front within 30 days of contract signing. Each year thereafter, upfront commissionsw(}uld be 80% of the,previo.us years.re.venue. (This item is optional should the facility not want upfront commissions) Pricin2: Methodolo2V: AT&T has proposed an attractive commission rate for the City of Augusta- Richmond.County ,CorrectinnalFacility_. AT&T,wiU pay commissions on gross revenues. In looking at the current provider of services statement as provided by the City, it appears they are taking out for billing and possible bad debt. AT&T will not deduct .baddebt.uDEollectables. or:unhillable. calls fJ.:'om COBIlIIiss.ions. AT&T will use tariffed rates and wiU not 1!OU2:e or add extra. untariffed surchaT2es to an inmate telephone call to.increaseVTofitabilitv.A T&-T will NOT crnu1!:e for billin!! or . an'\" other services. Commissions will be paid monthly and would be accompanied with a commission report and statement.(}{: activity. for aU inmate telephones. AT & T will provide reporting capability with the proposed system. These reports can .be o.btained via a.. teqtlest frem the facility to the. AT&T .system. Administrator. THERE ',,"ILL HE NO CHARGE TO THE CITY OF AUGHSTA-RJCR1\JOND COliNTY CORRECTIONAL FACILITY FOR THE COST AND OPERA TION OF THE INMATE TELEPHONE SYSTEM. ;.'j,i""._