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
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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
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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).
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1.9 'Subcontractor' - means any entity that provides inmate telephone service on
behalf of A T& T.
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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.
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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
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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.
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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.
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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.
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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,
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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
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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
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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:
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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
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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.
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