Prison Phone Justice

CITY TELE COIN COMP~ INC.
4501 Mariena Street'" Bossier City. LA " 71111
800.682.070 7 " citytekcoift.com
CORRECTIONAL COMMUNICATIONS SERVICES AGREEMENT

This Correctional Communications Services Agreement made on the

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BETWEEN:
City Tele Coin Company, Inc. (hereinafter referred to as "CTC")
AND

MARSHALL County Jail (hereinafter referred to as "MARSHALL")

WHEREAS, MARSHALL 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, MARSHALL and CTC hereby agree:
A. THEWORK

MARSHALL agrees that it is the manager of the MARSHALL County Jail, 209 1ST Ave North, Lewisburg, TN
37091 and that said location requires 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 ordinari~v associated with the type of work to be performed. CTC ",ill be
responsible for any and all local, long distance, and equipment charges. CTC shall remit to MARSHALL its
portion of the revenues as set out herein below. Parties acknowledge that CTC sball be the exclusive provider of
such services during the time this agreement is in force and effect.
B. COMMISSIONS
As to any inmate phone that is located within the MARSHALL County Jail whereby service to that phone is being
pro\-;ded by ere successive of cut-over. revenue shall be deemed commissionable and henceforth payable by
CTC to MARSHALL Commencing '\\-1th the exact point in time in which the first billable or prepaid call has
been initiated from that phone; moreover. such revenne shall remain commissionable and payable on any such
phone until service to that phone has been reassigned throngh contractual re-assignment.

a1 l!.£l!l. - CTC shall remit to MARSHALL _62% (Sixty Two Percent) of all Usage Revenue
generated through Gross Collect and Direct Pay telephone traffic (local. intraLATA. interLATA, and interstate)
originating from the facility managed by MARSHALL, as listed in Section A. "The W'ork." and processed by
CTC's call processing system. eTC shall issue to MARSHALL a Purchase Discount of _62%( Sixty Two
Percent) on Prepaid Inmate Calling Cards at any time such purchase is made by MARSHALL. eTC will
pay all said commissions on a monthly basis along with a monthly report of all said monies.
B.2 REMITTANCE AND ACCEPTANCE - Remittance of commissions sball occur monthly, on or
around the Twentieth (20th) Day of each month, and shall represent payment for all revenues generated during the
month ending inunediately prior to said payment Any objection to a commission payment shall be brought to the
attention of CTC by v,ray of written notice by MARSHALL, and shall be made within 30 days after receiving said
commission payment. AcceptaIWe of said commission payment shall be :final and binding if no objections are
brought forth after 30 days after receipt thereof.

Correctional Com11fU11.ications

SeTVic~$

Agreement

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CITY TELE COIN COMPANY, INC.
4501 Marlena Street" Bossier City, LA" 71111
800.6$2.0707" cilytelecoin.com

C. TERMS

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The initial tenn of this agreement shall be for period beginning
",,1..'1
20
with the initial
tenn completed at Thirty Six Months (36) Months. CTC or MARSHALL, at its option, has the right renew or·
refuse this contract, under the tenns and conditions set forth by this contract, by ghing certified notice to
MARSHALL or eTC. 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 and renew automatically for
additional Twelve (12) Month periods should no action be taken by either party.

to

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 MARSHALL adequate equipment with the ability to perform monitoring, recording, .
and cut off s'\\-1tches.

CTC has the right, and maintains the right, to remove or relocate any telephone equipment, 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 MARSHALL is given ten (10) days written notice of CTC's intent to remove said equipment. The removal
of equipment under tenns 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 from actions of individuals other than employees or agents of CTC.
CTC agrees to ir.stall and maintain at least the minimwn number of coin-less inmate telephones as needed at the
facility and/or as many as requested by MARSHALL, subject to industry standards.
F. OBLIGATIONS OF MARSHALL

MARSHALL agrees to undertake and perform the foUo'\ling:
(1) 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.
(4) Allow CTC to affIx signs to the equipment, as required by law. Said signs are to be furnished by CTC.
and MARSHALL 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 patties.

G. DEFAULT

In the event that,
(a) eTC defaults in payment of any commissions when required to be paid by such party pursuant to this
Agreement, andlor
(b) either party hereto defaults in the performance of any obligation to be performed by such party pursuant to this
Agreement and any such default continues for more than thirty (30) days after, the other party shall have given
written notice to the party in default specifying such default and demanding that the default be remedied, orin the
case of any such default which cannot be remedied '\\-ith thirty (30) days, if defaulting party fails to proceed
promptly to remedy any such default after the other party shall have given such notice; or
(c) Either party hereto shall make voluntary assigmnent in bankruptcy or proposal to its creditors or take any
similar action; or

CorrectiolUll Communications SeP'Vices Agreement

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CITY TELE COIN COMPANY, INC.
4501 Marlena Street" &ssier City, LA ". 7111 I
800.682.0707 ". citytelecoin.com
G. DEFAULT{Contimledfrom PQge 2)

(d) any bankruptcy, 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
thirty (30) days from the date of its commencement);
then, in any such event, the other party 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 sball not be exclusive but shall be cumulative, in addition to all other rights and
remedies existing at law or in equity available to the part~es hereto.

H. GOVERNINGLAW
This Agreement and the rights and obligations of MARSHALL and CTC hereunder shall be subject to and
. interpreted in accordance with the laws of the State of Kentucky.

L NOTICES
Notices or other communications required to be give under this agreement shall be in writing and may be delivered
by courier or prepaid certified mail and addressed as follows:
(A)
Attn:

Ph:
Fx:

MARSHALL Connty Jail
Sheriff Norman Dalton
209 1st Ave North
Lewisburg, 1N 37091

(B)
Attn:

931-359-6122
931-270-6521

Ph:
Fx:

City Tele Coin Company~ Inc.
Jerry Juneau; President & CEO
4501 Marlena Street
Bossier City, LA 71111
318-746-1114 or 800-682-0707
318-746-1214

J. EQUIPMENT OWNERSHlP
MARSHALL acknowledges and agrees that CTC sball remain the sole and exclushre owner of all inmate
telephone equipment. from the interface to, and including, the telephone.
K. HOLD HARMLESS
MARSHALL agrees to defend, hold harmless, and indemnify eTC from 3lly and all damages, of 3lly nature and
kind. caused by MARSHALL, 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
MARSHALL

CTC agrees to defend, hold harmless, and indemnify MARSHALL 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 MARSHALL in def~nse of claim for damages caused by
CTC.

L. REPAIR SERVICE
CTC shall provide reasonable response time for repairs Monday through Friday, 9 a.rn. to 5 p.rn. 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 senice due to acts beyond the control of CTC such as riot, fire, war, flood, partS
unavailability, and strike.
(318) 746-1114
Verbal notices:
(318) 746-1214
Facsimile notice:
(318) 746-3920 or (318) 747-9208
Emergency:
jerry@citytelecoin.com
E-Mail:

Correctional Communications Services Agreement

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CITY TELE COIN COMPANY, INC.
4501 Marlena Street" Bossier City, LA " 71111
800.682.070 i " cityteleroin.colft

M. ENTIRE AGREEMENT

This agreement constitntes the entire agreement between the parties and may be modified or amended only by
written agreement signed by both parties.
N. SEVERABll.,ITY

If any term, sentence, paragraph, or provision of this agreement or the application thereof, be deemed invalid or
uneOforceable, the remaining tenus, sentences, paragraphs, and pro"isions shall not be affected and shall remain
valid and enforceable to the maximum extent allowed by law and the terms of this agreement.

THUSDONEANDSIGNEDonthis~dayof

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MARSHALL Connty, Tennessee

By:

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JOE BOYD LIGGETT
PrintName

MARSHALL COUNTY MAYOR

President & CEO

MARSHALL Connty, Tennessee
(Acceptance)

By

.JbIlJ?-~a~
NORMAN DALTON
PrintName

MARSHALL COUNTY. SHERIFF

Correctional Communications Services Agreement

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