Prison Phone Justice

PROPOSAL CONTRACT AND AGREEMENT
This telephon

1

day of E===

1998, by and

between_~..._,)_~~.__~&...-'--~~~"::::'.~~~~../J.~:.&-:___ _ _ _ _, here~k own as the "Customer", and

AmTel I A TN, Inc., herein known as "Am Tel .
WHEREAS, Am Tel is engaged in the business ofprovi<ling certain telecommunications equipment and charge-for-call
telephones and services, and providing automated-operator assisted station-to-station or person-to-person collect telephone
calls, and;
WHEREAS, Customer has full operating and management responsibility for the detention facility,jail, or prison, herein
known as the Facility, and with respect to those premises so noted, wishes to establish a pay telephone vending arrangement
as described herein:
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and agreements contained herein and other
good and valuable considerations, do hereby agree as follows:

1. Customer hereby grants Am Tel an exclusive license to install and operate pay for call telecommunications equipment at
the Facility, and hereby leases its facilities for the purposes of installing and operating such equipment.
2. Am Tel shall be responsible for the procurement, purchase, installation, maintenance and service of all such equipment.
Am Tel shall have the exclusive right to detennine the number, type, and location of the pay telephone stations, and shall
commence installation within ninety (90) days from the availability of a Customer Owned Pay Telephone (COPT) service line
from the local telephone utility company. AmTel shall not be liable for any delays in installation.
3. AmTel shall have the exclusive right to obtain usage and billing information, order, connect or disconnect pay telephone
services, select carriers, purchase available public utility equipment, handle all billing and payments. Am Tel shall be
responsible for the payment of all charges in connection with the pay for call telephones.
4. Am Tel shall maintain the phones in good working order, and shall keep the enclosures and telephones equipment clean
and properly repaired. AmTel shall not be liable of any lost income during a period that any telephone is out of order or being
repaired.
5. AmTel shall be responsible for the managing of all call detail records for the system, including but not limited to: the
racing of each record in accord with rates, terms and conditions, for providing intraLATA, interLA TA, and interstate
telecommunications services as filed with the Georgia Public Service Commission. for the blocking and unblocking of user
billing numbers, and preparation and processing all qualifying message records for billing and collection of revenue.
6. In consideration for this exclusive license and lease agreement Am Tel shall pay the Customer a Commission Fee of fifty
percent (50%) of the Total Net Revenues after all management fees and expenses as identified in item seven.
7. Total Net Revenues shall be defined as all Monthly Gross Receipts for qualifying message records generated from the
Customer's Facility, minus all direct costs, which include local line charges, long distance charges, billing and out-clearing
fees and charges. and billed number validation charges, minus post billing adjustments, credits, and bad debt true-ups for
unbillable or uncollectable records billed to the end users, minus an Am Tel maintenance fee of ~ percent+S-%)
of the Monthly Gross Receip1s to cover all system management, telephone repair labor, materia~nt, and all other
service fees and costs.
8. Commission payment shall be made to Customer, or Customer's designee within one hundred and twenty (120) days after
the last day of each calendar month on the basis of all receipts in that month. The first payment may be expected within
approximately one hundred and twenty ( 120) days from the date of system installation, and will continue each month
thereafter.
9. AmTel shall submit, at the Customer's request, a detailed accounting of all revenues received, expenses incurred, and fees
and charges and commissions paid in regard to all qualifying message records generated from the Facility. All r~t~ and
charges under this agreement shall conform to the Public Service Commission regulations for the state of call ongm.

10. Legal title to all telephones and installed equipment shall remain vested with ArnTel. Customer shall not remove or
relocate the instaUed equipment without AmTel's express consent. Relocation at Customer's request shall be at Customer's
expense. Am Tel is to accept no liability for holes in walls, floors. or other surfaces which result from the installation or
removal of the equipment. Upon termination of this agreement, Am Tel shall be responsible only for the removal of the
equipment. Customer shall restore the premises to their original condition. AmTel shall not be responsible for damage to the
premises which occurs due to vandalism. Am Tel shall indemnify, defend and hold Customer harmless from any liability in
connection with the placement, maintenance, or usage of the telephone equipment.
11. Customer hereby represents that the Facility is owned and/or exclusively operated by the Customer and Customer is
authorized to enter into this agreement with respect to the Facility, and that the undersigned is authorized to bind the Facility
to this agreement.
12. Should the detention functions of any named Facility be transferred to a new location, or building, during the life of this
contract, AmTel shall have the option of relocating telephone equipment and services to the new location, at no liability or
expt!nse to Customer. and to maintain the terms of this agreement in full effect.
13. If legal enforcement of the tenns of this agreement is necessary. the prevailing party shall be entitled to reasonable
attorney's fees and costs. AmTel and the Customer mutually agree to cooperate to the fullest extent possible and the best of
each party's ability to facilitate the provisioning of terms and services described herein.
14. This agreement shall be deemed to be a contract made under the laws of the State of Georgia and the interpretation and
performance of the agreement shall be governed by all applicable State laws, and shall be binding upon the parties hereto,
their successors, and assignees. Am Tel may assign this agreement to any other competent person or entity capable of
performance.
15. The term of this :igreement shall be for sixty (60) calender months from the date of initial installation of equipment or the
tem1ination date of any preexisting agreement. Am Tel may terminate this contract at any time during the duration of this
agreement upon thirty (30) days written notice to the Customer. The Customer may terminate this agreement only if AmTel
fails to install telephone equipment as agreed, or to correct any other default within thirty (30) days after receipt of written
notice of such deficiency by the Customer. This agreement shall continue for an additional sixty (60) calender months unless
either party norities the other in writing of its intent to terminate this agreement at least three (3) months prior to the final date
of exportation. Notice of termination of this agreement for any reason must be provided in writing thirty (30) days in
advance, and delivered to the address listed below. Upon termination of this agreement, each party agrees to satisfy any and
all of its outstanding obligations arising under this agreement.
16. This is the entire agreement between the parties; there are no oral arrangements of any kind; any future modifications to
this agreement shall be in writing and signed by both parties.

IN WITNESS WHEREOF, AmTel and Customer have executed this Agreement as of the date and year first set forth above.
Am Tel I ATN, Inc.
919 Dilworth Street
St. Marys, Georgia 31558

~

By:

NamN~
Title:

c----"

Date~-.~-..,_·--'---'-;_ _ _ _ _ _• 1998

ATN, Inc.
PROPOSAL CONTRACT AND AGREEMENT
ADDENDUM I
February 28, 2002

Original Contract language to be modified
15. TI1e lenn of this agreement shaJl be for sixty (60) calendar months from the cf.1tc of initial installation of equipment or the
tem1inalion date of any preexisting agreement. AmTel may terminate this contract at any time during the duration of this agrcemcm
upon lhirt)· (JO) days written notice to the Customer. The Customer may tenninate this agreement only if AmTel fails to install
telephone equipment as agreed. or to correct any other default within thirty (30) days after receipt of written notice of such deficiency
by the Customer This agreement shall continue for an additional sixty (60) calendar months unless either party notifies the other in
writing of its intent to terminate this agreement at least three (3) months prior to the final date of expiration. Notice of temtination of
this agreement for any reason must be provided in writing thirt) (30) days in advance. and deliYcred to the address listed below. Up<m
tennination of this agreement. each party agrees to satisf'y any and all of its outstanding obligations arising under tlus agreement.

Modified contract language to read as follows

15. l11e term of this agreement shall be extended for an additional sixty (60) calendar monlhs from the tennination date of the original
agreement dated January I. l998. The Customer may terminate this agreement only if AmTel fails to install telephone equipment as
agree. or to correct any other default within thirty (30) days after receipt of \vTitten notice of such deficiency by lhe Customer. AmTel
may tenniruue this contract at an:~ time during the duration of this agreement upon thirty (30> days written notice to the Cusromer.
This agreement at the conclusion of the extension. shall continue for an additional sixty {60) calendar months unless either party
notifies the other in writing of its mtent to terminate this agreement at least three (3) months prior to the final date of expiration.
Notice ofrcnninanon of this agreement for any reason must be prO\ided in writing tJurty (30) days in advance. and delivered to the
address listed below. Upon tcnnination of this agreement. each party agrees to sari sf:· any and all of its outstanding obligations arising
under this agreement.

AmTel I ATN, Inc.
919 Dilwort11 Street
St. ~gia 31558

By

Ware County Law Enforcement
3487 Harris Road
Waycross, GA 31503

Bv~~
N~ ~:i:= =-¥-

'W'

Na~OAAsk
Titl~ ~ \
Date

!B/1-t_)

D L

Title:
. 2002

Date:

s)~&EFtld _.-/2 ~ P .2

. 2002

AmTel
CONTRACT AND AGREEMENT
AMENDMENT II

Amendment II to Original Inmate Proposal Contract and Agreement dated January l, 1998, Proposal Contract and
Agreement Addendum I dated March 12, 2002 and the Contractual Amendment dated October 21, 2013.
Ware County Sheriffs Office located at 3487 Harris Rd, Waycross, GA 31503 herein known as "Customer" and
AmTel, Inc. located at 913 Dilworth St. Saint Marys, GA 31558 herein known as "AmTel" are in agreement to
amend the Original Inmate Proposal Contract and Agreement dated January I, 1998, Proposal Contract and
Agreement Addendum I dated March 12, 2002 and the Contractual Amendment dated October 21, 2013 according
to the below sections:
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and agreements contained herein,
mutual promises and other good and valuable considerations, do hereby agree as follows:

6.)

In consideration for this exclusive license and agreement AmTel shall pay the Customer a monthly
commission fee of 65% of Total Gross Revenue, which is defined as all completed calls regardless of call
type. No deductions will be removed for fraud, bad debt, or unbillables. AmTel will be responsible for all
costs associated with maintaining the inmate telephone system in good working order.

15.)

The term of this agreement shall be for forty eight (48) calendar months and said agreement shall continue
to renew for forty eight (48) month extensions unless notice of intent to not renew is provided to AmTel in
writing, via certified mail, by Customer sixty ( 60) days before the expiration date of the current contract;
otherwise the contract will automatically renew for the same terms. Notice ofTennination for documented
deficiencies on the part of Am Tel must be provided to Amtel in writing thirty (30) days in advance.
Customer must provide documented records as to any deficiency on the part of AmTel and deliver to the
address below. Upon termination of this agreement, each party agrees to satisfy any and all outstanding
obligations arising under this agreement.

16.)

This is the only Amendment between the parties; there are no oral arrangements of any kind; any future
Amendments to the agreement shall be in writing and signed by both parties.

Customer and Amtel warrant and represent to each other they have the authority to enter into this binding
Agreement and to bind themselves to such Agreement.

Ware County Sheriff's Office

::me2 ~ '-:i.,.,
w. . .
Title:

Date:

Sh~l.Jf.,

~co.

Oc.~ Z. J/ .Z~/7

(912) 409-2891 •Fax: (912) 673·6004 • www.atnl.net

MuckRock News
DEPT MR 50760
41 lA Highland Ave
Somerville, MA 02144-2516
50 760-177 5 794 7@requests. m uckrock.com

Ware County Sheriff
ORA Office
348 7 Harris Road
Waycross, GA 31503

March 19, 2018
This is a follow up to a previous request:
To Whom It May Concern:
I wanted to follow up on the following Georgia Open Records Act request, copied below, and originally
submitted on March 14, 2018. Please let me know when I can expect to receive a response, or if further
clarification is needed.
Thanks for your help, and let me know if further clarification is needed.

Filed via MuckRock.com
E-mail (Preferred): 50760-1775794 7@requests.muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 50760
41 lA Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock
by the above in order to better track, share, and manage public records requests. Also note that improperly
addressed (i.e., with the requester's name rather than "MuckRock News" and the department number)
requests might be returned as undeliverable.

On March 14, 2018:
To Whom It May Concern:
Pursuant to the Georgia Open Records Act, I hereby request the following records:
A copy of the current contract between the County and the current vendor for inmate communication
services at the County Correctional I Detention Facility. This may encompass telecommunication, kiosk,

Page 1of2

MuckRock News
DEPT MR 50760
41 lA Highland Ave
Somerville, MA 02144-2516
50760-1775794 7@requests.muckrock.com

and mobile tablet services. I am requesting that the information provided contain the term and expiration
date of the current contract (including any optional contract extensions), as well as the current
telecommunications provider and the services currently being provided pursuant to the agreement.
The requested documents will be made available to the general public, and this request is not being made
for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance
of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or
CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your
response to this request within 3 business days, as the statute requires.

Sincerely,
Augie Torres
Filed via MuckRock.com
E-mail (Preferred): 50760-1775794 7@requests.muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 50760
41 lA Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock
by the above in order to better track, share, and manage public records requests. Also note that improperly
addressed (i.e., with the requester's name rather than "MuckRock News" and the department number)
requests might be returned as undeliverable.

Page 2 o/2

MuckRock News
DEPT MR 50760
41 lA Highland Ave
Somerville, MA 02144-2516
50760-1775794 7@requests.muckrock.com

Ware County Sheriff
ORA Office
3487 Harris Road
Waycross, GA 31503
March 15, 2018
To Whom It May Concern:
Pursuant to the Georgia Open Records Act, I hereby request the following records:
A copy of the current contract between the County and the current vendor for inmate communication
services at the County Correctional I Detention Facility. This may encompass telecommunication, kiosk,
and mobile tablet services. I am requesting that the information provided contain the term and expiration
date of the current contract (including any optional contract extensions), as well as the current
telecommunications provider and the services currently being provided pursuant to the agreement.
The requested documents will be made available to the general public, and this request is not being made
for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance
of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or
CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your
response to this request within 3 business days, as the statute requires.
Sincerely,
Augie Torres
Filed via MuckRock.com
E-mail (Preferred): 50760-1775794 7@requests.muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 50760
41 lA Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock

Page 1of2

MuckRock News
DEPT MR 50760
41 lA Highland Ave
Somerville, MA 02144-2516
50760-1775794 7@requests.muckrock.com

by the above in order to better track, share, and manage public records requests. Also note that improperly
addressed (i.e., with the requester's name rather than "MuckRock News" and the department number)
requests might be returned as undeliverable.

Page 2 o/2