This text is machine-read, and may contain errors. Check the original document to verify accuracy.
I
City Tele-Coin Company, Inc.
4501 Marlena Street, Bossier City, LA 71111
---- -- · --·--~Q:..682 . 0707 ,L w~~ ·~·ty~e lec~in.com_ __
__ _ _
CORRECTIONAL COMMUNICATIONS SERVICES AGREEMENT
Made on this, the ..al_ day of
/f/,,4Y
, 20~ by and between these parties:
City Tele-Coin Company, Inc. (hereinafter referred to as "CTC"), and
Union County Sheriff's Office (hereinafter referred to as "UNION")
WHEREAS, UNION has requested CTC to perform the services hereinafter described and CTC
has agreed to perform such services, 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) THEWORK
UNION agrees that it is the manager of the locations listed directly hereunder in Section A. I Locations, and that said locations require inmate and pay telephone communication services, and
that said communications services are to include all local, interLATA, intraLATA, 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 petformed, to include all existing and future facilities under the management of
UNION. 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 effect.
(1)
LOCATION(S)
(a)
Union County Detention Center
250 American Road
El Dorado, Arkansas 71730
Original Page-·!-
CiLy
(~I·~~
Coin C0!1lpt-n1y, Inc
!j~i01
M;11 lena Stre<!t, llllssirr City, I.I\ 71.J 11
soo i'i82.1'1707 / 'IJ\'W cltvlPl12rl111u:om
(B)
COMMISSIONS
(1)
CTC shall remit to UNION commissions as set forth herein below:
Telephone Traffic: 52% (Fiftv-two Perce11t) of all Usage Revenue generated through
Tl'aditiona/ Collect, Prepaid Collect, and Prepaid J11mate Callbig Card telephone
traffic (local, intraLATA, interLATA, and interstate) originating from the facility
managed by UNION, as listed in Section A "The Work" and processed by CTC's call
processing equipment;
Remote Video Visitation: 35% (Tliir/y~Ove Percent) of all Usage Revenue generated
through Remote Video VISitation traffic originating from the facility managed by
UNION and processed by CTC's visitation processing equipment~
Inmate E-mail: 35% lThirtv~flve Percent) of all Inmate E-mail, Sent and Received
by inmates at the facility managed by UNION and processed through CTC's inmate email system.
(2)
Remittance a11d Accegta11ce - CTC shall pay all said commissions ou a monthly basis
on or around the 20 of day of each month, with the initial p1tyment connnencing
Twenty (20) days after the end of the month in which installation of equipment occurred.
Furthermore, CTC shall remit with the payment a summary report of all inmate
telephone traffic for each respect ive commission period. Any objection to a commission
payment shall be brought to the attention of CTC by way of written notice by UNION,
and shall be made within 30 days after receiving said commission payment Acceptm1ce
of said commission payment shall be final and binding if n ubjeclions are brought forth
after 30 days after r ceipt thereof.
(3)
Atb1erse ComlitiollS - At any time while this contract is in force and effect, should the
Arkansas Public Service Commission, the Louisiana Public Service Commission, the
Federal Communications Commission or any other governmental or regulatory agency
that has legal authority over inmate telecommwrications, change rates or impose
restrictions or otherwise modify any rules or regulations under whicb inmate
telecommunications are currenUy operating so that such changes restrictions or
modifications affect inmate telephone traffic in a way that causes UNION'S generated
revenue from such traffic to be adversely affected then both pru1ies agree to work
together toward the benefit of each other and may renegotiate the terms of this
agreement temporarily or permanently.
(C) TERMS
~
The initial term of this agreement shall be for period beginning
_..J
with the initial term completed at Twenty-four (24) months. C' or UNION, at its o tion, has the
right to renew or refuse this contract, under the tenns and conditions set forth by this contract, by
giving certified notice to UNION or CTC. Any certified notice is to be mailed Ninety (90) days
prior to termination date of this contract to the address provided herein. This initial contract shall
continue in force automatically for additional Twenty-four (24) month periods should no action be
taken by either party.
J- _
2oj.J_
- 011< 111rn1 I 'n
I'' :?
City Tele-Coin Company, Inc.
4501 Marlena Street, Bossier City, lA 71111
. ···· · -
- - - - ·-
-· ~00.682 . 0707 I www.i:iryte lecoin.com
(D) ASSIGNMENT
CTC's interest in and to this service agreement may 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 monito1ing,
recording, and cut off switch.es. CTC has the right, and niaintains the ii.ght, to remove or relocate
any telephone equipment, frorn any location which is the subject of and governed by the terms of
this agreement tl1at 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 te1ms 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 conclition(s) resulting from prior material, and any condition(s) resulting from actions of
individuals other than employees or agents of CTC. CTC agrees to install and maintain at least the
minimum number of coin-less inmate telephones as needed at the facility and/or as many as
requested by UNION, subject to industJ.y standards.
(F) OBLIGATIONS OF UNION
UNION agrees to undertake and perform the following: (i) Protect the equipment from abuse and
report any damage(s), service problem(s), and/or hazardous condition(s) to CTC; (ii) Provide all
neceSS8lJ' power and space for proper installation and maintenance of the equipment; (iii) Provide
safe and secure access to the equipment by CTC and its employees or agents as needed by CTC;
(iv) 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
~quipment or in the immediate area unless mutually agreed to by both parties.
(G) DEFAULT
In the event either party fails to perform one of its obligations tmder this agreement (i) by defaulting
on a payment due; (ii) by non-pe1formance or by inteifering with the other party's performance or
ability to pe1form; or (iii) through inability to pe1form their obligations under this agreement, and
such default or failure continues for more than thirty (30) days after the non-defaulting party shall
have given the defaulting party written notice 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 remedy any such default receiving such notice,
(iv) or if either party shall make voluntmy assignment in bankruptcy or proposal to its c1'ediiors or
take any similar action or if any bankruptcy, reorganization, proposal, insolvency, receivership, or
similar proceeding is instituted against either party hereto or involving substantially all of its
property and, ;n the case of such proceeding instituted against such party and not consented lo by
such party, such proceeding is not discontinued or dismissed with thirty (30) days from the date of
its commencement, then the non-defaulting party may terminate this Agreement by giving written
notice to the defaulting 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 cwnulative, in addition to all other rights and remedies existing at law or in equity available
to the parties hereto.
City Tele-Coin Company, Inc.
4501 Marlena Street, Bossier City, LA 71111
_ _ _ _ - - - - - - · - - '8_00_.6.82.0707 I www.citytelecoin.com
(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 the State of Arkansas.
(I) NOTICES
Notices or other communications required to be given under this agreement shall be in writing and
may be delivered by courier or prepaid certified mail and addressed as follows:
TO UNION:
Union County Sheriff's Office
Attn: Sheriff Mike McGough
250 American Road
El Dorado, Arkansas 71730
TOCTC:
City Tele-Coin Company, Inc.
Attn: Jerry Juneau, Sr.
450 l Marlena Street
Bossier City, Louisiana 71111
PH: 870-864-1970 I FX: 870-864-1992
PH: 800-682-0707 I FX: 318-746-1214
(J) EQUIPMENT OWNERSHIP
UNION acknowledges and agrees that CTC shall remain the sole and exclusive owner of all inmate
telephone equipment, from the interface to, and including, the telephone.
(K) HOLD HARMLESS
(1)
UNION agrees to defend, hold harmless, and indemnify CTC from any and all
damages, of any nature and kind, caused by UNION, its agents, employees, or assigns,
whether the damage 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 UNION.
(2)
CTC agrees to defend, hold harmless, and indemnify UNION from any and all
damages, of any nature 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 UNION 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, parts unavailability, and strike.
(i)
Verbal Notice: 318-629-0760
(ii)
Facsimile Notice: 318-746-1214
(iii)
E-Mail Notice: jerry@citvtelecoin.com. or jerrvir@ciMelecoin.com
(iv)
Emergency: 318-746-3920 or 318-747-9208
2of<i-: C
orreCi onal Co_m_m_u--,ni,---ca--c:tio_n_s ~Se-rv""'""ic-es_A,__g-re-em_e_n_t- - - - -..- - ·---·------.. ----
· _,, ___ _
Original Page
4-
City Tele-Coin Company, Inc
t1501 Marlena Street, Bossier City, LA -n111
800.?82.0107 I www citytelecoin .com
(M) ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and may be modified or
amended only by written agreement signed by both parties.
(N)
SEVERABII~ITY
If any term, sentence, paragraph, or provision of this agreement or the application thereof, be
deemed invalid or unenforceable, the remaining tenns sentences, paragraphs and pr visions shall
not be affected and shall remain valid and enforceable to the maximum extent allowed by law and
the terms of this agreement.
I)~
THUS DONE AND SIGNED on this ~day of
0
JIM\Lt
,20.Jf.
Union County Sheriff's Office
By:
}I)~\&- M..ktA
Signature
l\J\,
M%ov
Pl"illlN(IJIU1
President & CEO
Tltie
2014 - Correctional Communications Services Agreement
111/e
Origin<;! Pag e .5.
City Tele-Coin Company, Inc.
4501 Marlena Street, Bossier City, LA 71111
800.682.0707 I www.cltytelecoin.com
ATTACHMENT 1
VIDEO VISITATION SYSTEM
CTC shall provide to UNION a Video Visitation System (the ''System") as follows:
(A)
EQUIPMENT
Visitation Stations
20 fixed wall mounted units
1 Administrator Work Station(s) for visitation management and monitoring
Network Hardware
Audio and Video Equipment, including DVRs, Switches, Processors
Record Server
Surge Protectors
Uninterrupted Power Supply
Cables, Wires
Equipment Racks
(B)
CONFIGURATION
Visitation Stations - Construction
Each Station is made up of a single visitation unit and associated components. Units are
made of tamper resistant, correctional grade material that is durable, strong, and safe for use
in a jail environment and feature steel lanyards and correctional grade handsets.
Visitation Stations - Power & Connectivity
Units will need to be powered individually, either by electrical power outlets furnished at the
Center, or by 16 gauge conductor wire running directly from each unit to the network room.
Each unit shall provide reaMime video and audio input and output via a Cat 5 UTP cable
which connects the unit directly to the Center's existing network infrastructure.
(C)
REQUIREMENTS
Accommodations for Network Hardware
The Center shall provide the necessary space in the main network room at the Center for all
network hardware and must allow for linkage to the network infrastructure. The Center may
provide access to an alternate network closet or dedicate private space for a new network
closet wherefrom the existing network infrastructure and power is readily accessible.
Accommodations for Visitation Booths
The Center shall provide the necessary space and booth construction for all visitation
stations. The Center shall be responsible for the removal of any objects, including existing
visitation stations, that may block or otherwise frustrate the installation of the new visitation
stations. The Center shall be responsible for providing seating at each of the units.
-2014 =-correctionar Communications services Agreement
City Tele-Coin Company, Inc.
4501 Marlena Street, Bossier City, LA 71111
800.682.0707 / www.cityteleco!n.c~~ -------·----·- --- · _ ... _
ATTACHMENT 1 (Coytbmed)
Data Connections
The Center shall provide an Ethernet Data connection capable of supplying at minimum
enough bandwidth to simultaneously store and stream continuous video and audio feed.
Electrical Power Sources
The Center shall provide the electrical power sources required for the visitation system. In
lieu of individual power outlets, 16 gauge conductor cables may be used to connect each unit
to the network (a cost efficient means of providing power to the unit).
Network Hardware & Software
Hardware, including servers, recording devices, battery backups, audio and video switch
components, processors, cables and wires, and equipment rack shall be provided by the
vendor. The vendor will provide program software needed for running the visitation stations
and software which allows for visitation system management, monitoring, recording, and
playback.
Visitation Booths
The vendor shall provide, deliver, and install all visitation station units. Cabling and wiling
needed for connecting each unit to the network infrastructure shall be handled by the vendor
and carried out in such a way that is sound and consistent with those procedures and practices
which are standards based and industry specific - wires and cables shall be contained within
conduit or other tamper resistant material. The Center shall be responsible for any enclosures,
construction of physical space, seating etc, that is outside what is listed above.
(D)
DELIVERY
The estimated installation date of the System shall be 90 to 120 days from the execution of
the Correctional Communications Services Agreement (the "Agreement").
(E)
COST
The System is valued at $60,000.00 and is being provided to UNION at no cost, unless
UNION terminates the Agreement before 48 Months after installation of the System. Upon
such action, UNION agrees to repay CTC for the System at the following prorated terms:
UNION will refund CTC an amount equal to the $60,000.00 Video bonus, the numerator of
which is the number of months between the date of termination and the end of the 48 months.
UNION shall pay any such refund within ten days after such termination, or at our election,
CTC may deduct the refund from any commission due UNION.
·-- RFf\·1;\INDFR OF P.\Cil I ITT Bl. \NI\: ON f'Ulll'O.'d ···
2014 - Correctional Communications Services Agreement
Original Page -7·
City Teie·Coin Company, Inc.
4501 Marlena Street, Flossier City, I.A 'i'lJJ 1
800.682.0707 ( www til-ytclern_lu coni
ATTACHMENT 1 (Contillued}
THUS DONE AND SIGNED on this
-~day vJU11e.,
of
, 20
14".
By:
Pri11I NamJZ
President & CEO
Tifl
·20 i4 : Corr:ectlonal Communications ServicesAgreement
Original Page . 5..
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
BE IT KNOWN that on the undersigned_days in February, 2017, came and appeared CITY TELECOIN COMPANY, INC., hereinafter referred to as "CTC", and, the Union County Sheriff's Office, appearing
through their duly authorized representatives for the purpose of enacting this Hold Harmless and
Indemnification Agreement, who state as follows:
That on the 2nd day of June, 2014, the parties hereto entered into a Correctional
Communications Services Agreement whereby CTC agreed to provide inmate and pay telephone
communications services, and a Video Visitation System to the facility managed by Union County
Sheriffs Office, said facility known as Union County Jail and located at 250 American Road, El Dorado,
Arkansas 71730. That as of the date of this agreement both parties are in compliance with the terms of
said agreement and not in default. Union County Sheriff's Office states that it has made a request of
"CTC" to install a link which will permit the users of the "CTC" telephone communications system to
open a link allowing said users, specifically inmates, to open the law library software site by selecting the
icon located on the "CTC" kiosk screen. This link allows users access to legal opinions, cases, statutes,
etc. for research purposes. "CTC" and Union County Sheriffs Office state that "CTC", by this agreement,
does not warrant the content, the data, or information, contained in the law library link, software, or
site. "CTC" further states and Union County Sheriffs Office agrees that "CTC" is not responsible, or
liable, and has no obligation of any nature or kind with the law library software, update, maintenance, of
any other aspect of the law library software or site. Union County Sheriffs Office, by this agreement,
agrees to indemnify and hold harmless "CTC", should any user, be it inmate or other individual, use the
access to the law library to open or access any other site or link, and thereby cause damage, of any
nature or kind, to any other person, party, individual, group, corporation, LLC, or other entity of any
nature or kind, including but not limited to the actual user, inmate, or other individual or entity, who
opened the secondary site or link utilizing the law library software link. Said indemnity and hold
harmless includes the cost of any defense including attorney fees incurred by "CTC" in defense of said
claim, together with, and including, any judgment, award, ruling, or any other decision that casts any
award against "CTC" resulting from the use of the law library software or link. Union County Sheriffs
Office states that it is responsible, and assumes the liability for all costs, fees, updates, or charges arising
from the use of the law library software.
THUS DONE AND SIGNED in El Dorado, Arkansas, on the
~day of February, 2017.
'
~ent
Ricky Roberts, Sheriff
THUS DONE AND SIGNED in Bossier City, Louisiana, on this the
qtft
day of February, 2017.
