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CI71' TELE COIN CO]IIPANY, INC.
*
*
4Sor n'Iarlene Street /jossicl City, IA Ttrrt
Sttt-t. 6 I s.o to'r i citu t elec.tin. com
CORRECTIONAL COMMUNTCATIONS S ERVICES AGREEME,NT
This Correctional Communications Services Agreement made on rn"
/ff Zt 4q-*/.,
,20 I
\
,
BETIIIEEN:
City Tele Coin Company, fnc. (hereinafter refoned to
as
"CTC")
AND
Union County Sherilfs Oflice (hereinafter refcred to as "UNION")
WHEREAS, UNION has requested CTC to perform the services hereinafter described and CTC
has
agreed to perform such servises, subject to the terms and conditions hereinafter set out:
NOW IN CONSIDERATION of the payment of fees provided hereinafter and other terms
and
conditions hereinafter set out, UNION and CTC hereby agree:
A. TIIE WORK
UNION agr€es that it is the manager of the Union County Jail, located at 250 American Road, El Dorado,
Arkansas 71730, and that said location requires inmate and pay telephone communication services, and that said
communications services are to include all local, inlerL{TA, innaLATA, and interstate telephone services. CTC
shall install, service, and maintain inmate and pay telephone services using methods consistent with sound,
generally recognized practices ordinarily associated with the type of work to be performed. CTC will be
responsible for any and all local, long distance, and equipment charges. CTC shall remit to UNION its portion of
the revenues as set out herein below. Parties acknowledge that CTC shall be the exclusive provider of such
services during the time this agreement is in force and effbct.
B. COMMTSSIONS
As to any inmate phone that is located within the Union Counfy Jail whereby service to that phone is being
provided by CTC successive of cut-over, revenue shall be deemed commissionable and hencefbrth payable by
CTC to UNION commencing with the exact point in time in which the first bitlable or prepaid call has been
initiated *om that phone; mor€over, such revenue shall remain commissionable and payable on any such phone
until service to that phone has been reassigned through contractual re-assignment.
B.l RATE- CTC shall remit to UNION 57Vo (Fifv-seven Percentl of all Usrge Revenue generated
through Gross Collect and Direct Pay telephone traffic (local, innaLATA, interLATA, and interstate) originating
from the facilify managed by UNION, as listed in Section A. "The fYorh" and processcd by CTC's call
processing system. CTC shall issue to UNION a Purchase Discount of 57o/o (FifttLseven Percmtl on Prepaid
Inmste Catllng Cards at any time such purchase is made by UNION. CTC will pay all said comrnissions on a
monthly basis along with a monthly report of all said monies.
8,2
REMITTANCE AND ACCEPTANCE
-
Remittance of commissions shall occur monthly, on or
around*'"r*allrepresentpaymentforallrevenuesgeneratedduringtho
month ending immediately prior to said payment. Any objection to a cotnmission payment shall be brought to the
attention of CTC by way of wriften notice by UNION, and shall be made within 30 days affer receiving said
commission payment. Acceptance of said commission payment shall be final and binding if no objections are
brought forth after 30 days after receipt thereof,
Correctional Conmunieations'9eruices Agyeentent
I
CITY'IELE COIN COMI'AN'" INC,
15ot illa
C. TERMS
Ttttl
.c(,tI
ll
The initial term of this agreement shall be for pcriod bcginning
,with the initial
,20
option, has the right to renew or refuse this
term completed at Twenty-four (24) Months. CTC or UNION, at
contract, under the terms and conditions set forth by this contract, by giving certified notice to UNION or CTC.
Any certified notice is to be mailed sixty (60) days prior to termination date of this conFact to the address
provided herein. This initial conhact shall continue in force and renew automatically for additional Twenty-four
(24) Month periods should no action be taken by either party.
D. ASSIGNMENT
CTC's interest in and to this service agreement rnay be transferred or assigned, at the discretion of CTC, to any
banking or financial institution to provide the financial requirements needed to provide the equipment and services
listed in this agreement, or any other legal entity.
E. EQUIPMENT
CTC agrees to provide for UNION adequate equipment with the ability to perform monitoring, recording, and cut
offswitches.
CTC has the righg and maintains the righ! to remove or relocate any telephone equipmenq from any location
which is the subject of and governed by the terms of this agreement that CTC, in its sole and absolute discretion,
determines is not economically profitable. The removal or relocation of the equipment shall not be undertaken
until UNION is given ten (10) days written notice of CTC's intent to remove said equipment. The removal of
equipment under terms herein shall in no way create or constitute a default of the terms of this contract.
CTC agrees that upon removal or relocation of equipment it will restore the site where said equipment was
removed from to its original condition, This excludes ordinary wear and tear, any condition(s) resulting from prior
material, and any condition(s) resulting ftom actions of individuals other than employees or agents of CTC.
agrees to install and maintain at least the minimum number of coin-less inmate telephones
ftcility and/or as many as requested by UNION, subject to industry standards.
CTC
as needed at the
F. OBLIGATIONS OF UNION
UNION agrees to undertake and perform the following:
(l)
Protect the equipment from abuse and report any damage(s), service problem(s), and/or hazardous
condition(s) to CTC.
(2) Provide all necessary power and space for proper installation and maintenance of the equipment.
(3)
Provide safe and secure access to the equipment by CTC and its employees or agents as needed by CTC'
Allow CTC to affix signs to the equipment, as required by law. Said signs are to be furnished by CTC'
and UNION will not allow any other signs, equipment or information to be affixed to the equipment or in the
immediate area unless mutually agreed to by both parties.
(4)
G. DEF'AULT
In the event that,
(a) CTC defaults in payment of any commissions
when required to be paid by such party pursuant to this
Agreement, and/or
(b) either party hereto defaults in the performance of any obligation to be performed by such party pursuant to this
Agreemeni and any such defa'ult continues for more than thirty (30) days after, the other party shall have given
wiiten notice to the party in default specifying such default and demanding that the default be remedied, or in the
case of any such default which cannot be remedied with thirty (30) days, if defaulting party fails to proceed
promptly to rernedy any such default after the other party shall have given such notice; or
(c) either party hereto shall make voluntary assignment in bankruptcy or proposal to its creditors or take any
similar action; or
G. DEFAALT (Continuedtrom Pnge 2)
(lor reclit
ntra'l Cornrnurr ica
liorrs Srzruicas Ag rcenren t
2
CTTYTELE COrN COMPANy, rNC'.
Citg, I-A * 7t t tl
l,ol |Va.rlen(I Street * Bossiar
*
80 o.68g, o"
oz
aitu telecoin,conr
(d) any bankruptoy, reorganization, proposal, insolvency, receivership, or similar proceeding is instituted against
either party hereto or involving substantially all of its property (and, in the case of such proceeding instituted
against such party and not consented to by such party, such proceeding is not discontinued or dismissed with
thirb, (30) days fiom the date of its commencement);
then, in any such event, the other parfy may, at its sole option, terminate this Agreement by written notice to such
party. No failure of either party hereto to enforce any remedy available to it or delay of such party shall be
considered to prohibit such party from enforcing any such remedy. The rights and remedies of the parties hereto
contained in this Agreement shall not be exclusive but shall be cumulative, in addition to all other rights and
remedies existing at law or in equity available to the parties hereto.
H. GOVERNING LAW
This Agreement and the rights and obligations of UNION and CTC hereunder shall be subject to and interpreted
in accordance with the laws of lhe State of Arkansas.
I.
NOTICES
Notices or other communications required to be give under this agleement shall be in writing and rnay be delivered
by courier or prepaid certified mait and addressed as follows:
(A)
Union County Sheriffs Office
(B)
City Tele Coin Company,lnc.
Attn
SheriffMike McGough
Attn:
Pb;
870-864-19?O
Ph:
Jerry Juneau; President & CEO
4501 Marlena Street
Bossier City, LA 7l I I I
318-746-l I 14 or E00-682-0707
Fx:
870-864-1992
Fx:
3t8-746-1214
250 American Road
El Dorado, Arkansas 71730
J. EQLTPMENT O\ryNERSHIP
UNION acknowledges and agrees that CTC shall remain the sole and exclusive owner of all inmate telephone
equipment, ftom the interface to, and including, the telephone.
K. HOLD HARIVILESS
UNION agrees to defend, hold harmless, and indemni$ CTC from any and all damages, of any nature and kind,
caused by UNION, its agents, ernployees, or assigns, whether the darnage be to the person or property, and shall
include but not be limited to attorney fees incurred by CTC in defense of a claim for damages caused by tlNION.
CTC agrees to defend, hold harmless, and indemniff UNION from any and all damages, of any nafure and kind,
caused by CTC, its agents, employees, or assigns, whether the damage be to person or property, and shall include
but not be limited to attorney fees incurred by UNTON in defense of claim for damages caused by CTC.
L. REPAIRSERVICE
CTC shall provide reasonable response time for repairs Monday through Friday, 9 a.m. to 5 p.m. CTC shall
respond within 24 hours after receipt of verbal notice or facsimile notice, as set out herein below, except where it
is impossible to restore the service due to acts beyond the control of CTC such as riot, fire, war, flood, palts
unavailability, and strike.
Verbalnotices:
Facsimile notice:
Emergency:
E-Mail:
(318) ?46-l l14
(318)746-1214
(3lE)746-3920or(3lE) 747'9248
jerry@citytelecoin.com
Correclionql Cammunictttions Seruices Agreernenl 3
crTY TELE COrN COMPANY, rjvc,
4gat Maflenc Sfi.eet'
M. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and may be modified or amended only by
written agresment signed by both parties.
N. SEVERABILITY
lf
any term, sentenca, paragraph, or provision of this agreement or the application thereof, be deemed invalid or
unenforceable, the remaining terms, sentences, paragraphs, and provisions shall not be affested and shall remain
valid and enforceable to the maximum extent allowed by law and the terms of this agreement.
rHUs Dor\rn Ar\D srcNED ootni,lffi^v
,n l'4A(Ll- .zaJL.
City Tele
Union County Sheriffs Office
By:
By:
'f\i
Gerald L. Juneau
Prhl
Not
\ce
.
U
I
tc
President & CEO
NIC
By
'/'/
Nasu
Cote*tionc,l &mmunicationaSenriceoAgrietnent 4
crT:Y TELE COIN COMPATW, rNC.
41ot Lfiarlenct Sbeet *fossier City, IA * 7tttt.
8oo.68z.a7o7 t citu telecoin.corrr
l
Technologr Bonus
CTC shall remit to LIIYION, upon fully executing the Correctional Communications
Services
Agreement, a Technology Bonus in the amount of $10,000.00 (Ten Thousand Dollars andZero
Cents).
Correctional Communicq.lionsseruices Agreentent
5
CITY TELE COIN COMPANY, INC.
4501 Marlena Street *Bossier Ciry, IA. + 71111
800.682 .O707 " cilvtelecoin.corn
AMENDMENT
1
CTC and TINION hereby acknowledge that a Correctional Communications Semices Ag'eenrcnt (the
Agreement) rvas made by and between the parties hereto on March l8th, 2011, for a period beginning
Apri|27h,20l l, and that the Agreement exists in its original form with no alterations having been made
to it until such time as wriften herein below upon both parties having sigrred this amendment
(Amendrnent
l)
into effect.
NOW IN CONSIDERATION of the terms and conditions as set forth in the Agreement, CTC and
IINION hereby amend section B.f RATE (a subsection of '.B. COITIMISSIONS') in its entirety as
follows:
BJ
EATE - CTC shall remit to UNION 57Yo (Fiftv-seven PercenA of aU asage Revenue
generated through Gross Collect, Direct Poy, and Prepaid Inmate Calling Card telephone traffic
(looal, intraL{fA, interLATA, and interstate) originating from the facility managed by IINION' as
listed in Section A. "The Work," and processed by CTC's call processing system.
the forgoing, allother provisions and seotions ofthe Agreement remain in full
forcc and cftbct. Through signaturc herein belolv, CTC and UI\ION agree that this amendment
tAmendmenr l) is in full force and effect and any changes thereto shall only be deemed in effect if made
in writing and signed by both parties.
NOTWIffiSTAI\DING
Trrus DoNE AfrD sIGNED on this
ol&,I
-{5*
A
/+1,VilJt-
,20JL.
Union County Sheriffs Office
City Tele
By:
Gerald L. Juneau
Pint
President
lvti t<Pilnt NonE
Nantc
& CEO
Title
Q/7,
SpeciJically, tlrc Agreentent has heen ultered in lhe,follon'ing, nanner... rather llnn receivittg an u])ftont discount of 57% on their &sI far calling ccu'cls, aNION v'ill instead receive 57% of the revente
generated on cqlls that are placed through lhe use oJ'calling cards.
Correctional Contnruntcatiotls Sen/ices Agreement
- AMENDIrIENT I;
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