Prison Phone Justice

City Tele-Coin Company, Inc.
4501 Marlena Street, Bossier Oty, LA 71111
800.682 .0707 / www.citytelecoin .com ·
~~~~~~~~~~~~~~-

CORRECTIONAL COMMUNICATIONS SERVICES AGREEMENT

Made on this, the .L1.._ day of _,/!A~@=---i~/. ____, 20~, by and between these parties:
City Tele-Coin Company, Inc. (hereinafter referred to as "CTC"), and
Clark County Sheriff's Department (hereinafter referred to as "CLARK")

WHEREAS, CLARK 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, CLARK and CTC hereby agree:

(A) THE WORK
CLARK 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, interLA TA, intraLA TA, 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, to include all existing and future facilities under the management of
CLARK. CTC will be responsible for any and all local, long distance, and equipment charges.
CTC shall remit to CLARK its portion of the revenues as set out herein below. Parties
acknowledge that CTC shal.l be the exclusive provider of such services during the time this
agreement is in force and effect.
. (1)

LOCATIONS

(a)

Clark County Detention Center
406 South 5th Street
Arkadelphia, Arkansas 71923

--- REMAINDER (Jf PAGE I .!': Ff HI .ANK ON l'f.IRl'OSE ---

2016 - Correctional Communications Services Agreement

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City Tele- Coin Company, Inc.
4501 Marlena Street, Bossier City, LA 71111

800.682.0707 / www.citytelecoin.com - -- - --

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(B) COMMISSIONS
As to any inmate pb.one that is located within those locations listed in Section A. I whereby service to that phone is
being provided by CTC successive of cut-over, revenue shall be deemed commissionable and henceforth payable
by CTC to CLARK commencing with the exact point in time in which the first billable or prepaid call has been
initiated from that phone; moreover, such revenue shall remain commissionable and payable on any such phone
until service to that phone has been reassigned through contractual reassignmenl

Rate - CTC shall remit commissions pursuant to CLARK's election directly hereunder of either
Option 1 or Option 2, to wit:

D

D

(1)

OPTION 1 (USAGE REVENUE ON ALL TRAFF!C)
CTC shall remit to CLARK 45% (Fortv-Five Percent) of all Usage Revenue generated
through Traditional Collect, Prepaid Collect, and Prepaid Inmate Calling Card telephone
traffic (local, intraLATA, inter LATA, and interstate) originating from the facility managed by
CLARK, as listed in Section A "The Work ·' and processed by CTC's call processing system.
CTC \\ill pay all said commissions on a monthly basis along with a monthly report of all said
monies.
OPTION 2 (USAGE REVENUE ON COLLECT & PREPAID TRAFFIC; PURCHASE DISCOUNT ON CARDS)
CTC shall remit to CLARK 45% (Forty-Five Percent) of all Usage Revenue generated
through Gross Collect and Direct Pay telephone traffic (local, intraLA TA, interLATA, and
interstate) originating from the facility managed by CLARK. as listed in Section A "The Work"
and processed by CTC' s call processing system. CTC shall issue to CLARK a Purchase
Discount of 45% (Fortv-Five Percent) on Prepaid Inmate Calling Cards at any time such
purchase is made by CLARK. CTC will pay all said commissions on a monthly basis along
with a monthly report of aU said monies.

Remittance and Acceptance - Remittance of commissions shall commence Twenty (20) Days after
installation of equipment. Furthermore, CTC shall remit commission payments to CLARK on a
monthly basis on or around the 20th day of each month. Any objection to a commission payment
shall be brought to the attention of CTC by way of written notice by CLARK, and shall be made
within 30 days after 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.

(2)

Adverse Conditions - 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
telecommunications, change rates or impose restrictions or otherwise modify any rules or regulations
under which inmate telecommunications are currently operating, so that such changes, restrictions, or
modifications affect inmate telephone traffic in a way that causes CLARK'S generated revenue from
such traffic to be adversely affected, then both parties agree to work together toward the benefit of
each other and may renegotiate the terms of this agreement temporarily or pennanently.

(C) TERMS
tJ
The initial term of this agreement shall be for period beginning
..
2016 with the initial
term completed in Thirty Six (36) months. At the initial term com etion date, or any subsequent renewal tenn
completion date, CTC or CLARK, at its option, has the right to refuse this contract, under the terms and
conditions set forth by this contract, by giving certified notice to CLARK or CTC. Any certified notice is to be
mailed and received Ninety (90) days prior to termination date of this. contract, or subsequent renewal tenn, to the

- address-f)revided-hereif:l:-'.ff:tis-:initial-eentrae, and-a:ny-renewal-thei:eo.f,-shaJ.l-continue..in-force...automaticalLy...fOL_ __
additional Twenty Four (24) Month periods should no action be taken by either party within the time frame set out
herein. Should any action be taken which would otherwise warrant solicitation by CLARK for competitive offers
for provision of CLARK's inmate telephone service, CLARK shall grant CTC an opportunity to match or beat
any offer from another telephone service provider in that CTC shall have a fair chance to retain its position as
incumbent inmate telephone service provider.

(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.

2016 - Correctional Communications Services Agreement

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City Tele-Coin C0mpany, Inc.
4501 Marlena Street. Bossier City, LA 71111
800.682.0707 I www.citytelecoin.com

(E) EQUIPMENT
CTC agrees to provide for CLARK adequate equipment with the ability to perform monitoring, recording, and
cut off switches. 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 CLARK 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 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 CLARK, subject to industry standards.

OBLIGATIONS OF CLARK
CLARK 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 necessary 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 CLARK 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.

(F)

(G) DEFAULT
In the event either party fails to perform one of its obligations under this agreement (i) by defaulting on a payment
due; (ii) by non-performance or by interfering with the other party's performance or ability to perform; or (iii)
through inability to perform 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 voluntary assignment in bankruptcy or proposal to its creditors 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, 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 the non-defauhing 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 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 CLARK 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, other than those covered in Paragraph
(L), shall be in writing and may be delivered by courier or prepaid certified mail and addressed as follows:

TO CLARK: Clark County Sheriff's Department
Attn: Sheriff Jason Watson
_ A.0..6SoJlth-5th treet
_____ _
Arkadelphia, Arkansas 71923
(PH)
(fX)

870-246-2222
870-246-3443

TO CTC: City Tele-Coin Company, Inc.
Attn: Jerry Juneau, Sr.
4501 Marlena Street
Bossier City, Louisiana 71111
(l'H)
(FX)

318-746-1114 or 800-682-0707
318-746-1214

(J) EQUIPMENT OWNERSHIP
CLARK 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.

2016 - Correctional Communications Services Agreement

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CityTele-Coim~ompany, Inc.
4501 Marlena Street, Bossier City, LA 71111
800.682.0707 I www.citytelecoin.com

(K)

HOLD HARMLESS
(1) CLARK agrees to defend, hold harmless, and indemnify CTC from any and all damages, of any
nature and kind, caused by CLARK, 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 CLARK. Further, specifically, but not limited to any and all
damages that are in any way, shape, or form related to the improper or illegal use by any
individual, including but not limited to inmates, of any exposed conduit installed by CTC,
whether the damage be to the person or property, including but not limited to attorney's fees
incurred by CTC in defense of any such damage or claim for any such damage(s ).
(2) CTC agrees to defend, hold harmless, and indemnify CLARK 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 CLARK in defense of claim for damages
caused by CTC.

(L) REPAIR SERVICE
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, email 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@citytelecoin.com, jerryjr@citytelecoin.com

(iv)

Emergency .................................................................318-746-3920 or 318-747-9208

(M) PREPAID CALLING CARDS
Prepaid calling cards will be provided to CLARK to be used for resale to inmates at CLARK only. The prepaid
cards provided will not be subject to return or refund. Calling cards are subject to any applicable per charge
surcharge fee together with all federal, state, and local taxes. All calling cards with be honored beginning with
their first use or sale. Should you desire a third party commissary operator to handle the prepaid calling card
purchases for your facility, we will work with said commissary operator to facilitate the sale of calling cards to
you. It is your obligation to notify CTC in writing as to the name of the commissary operator you wish to use for
the sale of the cards to you. The change to commissary operative will become effective upon our receipt of your
notice to change. The change to a commissary operative will not affect your liability for the cost of the cards. You
will remain primarily liable for said cost of purchase.
CTC shall invoice you for each of your orders for calling cards. All applicable sales taxes and other charges,
including to shipping and handling, will be included in said invoice. You specifically agree to pay said invoice
within thirty (30) days of your receipt of your order. Should you provide CTC with a Sales and Use Tax Resale
Certificate wherein you take responsibility for, and assume the sole liability for, charging and collecting
applicable taxes from the end users, and for remitting said taxes to the proper taxing authority, CTC will not
charge the sales taxes on the purchase invoice submitted to you upon purchase of the prepaid calling cards.
- CLARK acknowledges that the prepai ciilhng car mv01ce may e su ~eet to a discount as agreeaoythe- parties. The sales invoice will show the face value of the cards less the discount, if any, together with sales tax,
shipping and handling charges and will be due and payable thirty (30) days after receipt of CLARK's order.
Should the invoice not be paid within said thirty (30) days, CTC hereby reserves, and CLARK hereby authorizes,
CTC to charge reasonable interest on any amounts past due. Further, should the invoice amount not be paid within
the thirty (30) day period, you specifically authorize CTC to deduct the balance due from any earned commissions
which you may have coming due from CTC. It is understood that sales taxes will be charged unless a valid
reseller's certificate is received by CTC prior to the time of sale.

2016 - Correctional Communications Services Agreement

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City Tele-Coin ~ornpany, Inc.
4501 Marlena Street, Bossier City, LA 71111

_ _ _ _ ------~00 .682.0707 L~-~citytelecoi n..:.~?~~----------·-------

(N) 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.

(0) SEVERABILITY
If any term, sentence, 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 affected and shall remain
valid and enforceable to the maximum extent allowed by law and the terms of this agreement.

THUS DONE AND SIGNED on this _ _day of _ _ _ _ _ _ _, 20

.

Clark ~ty, Arkansas
By:

~

a~

sl[illOiU/.e

~d (/),A-/"1 'c;, II
Pri11t Name

Tide

Title

/

THUS DONE AND SIGNED on this il:__day of-'~~_._/r-f_ _ ___,, 20JL_.

President & CEO
Tide

2016 - Correctional Communications Services Agreement

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Origiiiai Page -S:

RECEIVED 08/27/2018 04:11AM 8702463443
Z~-Auy-2018

04:11

CLARK CO 911

RE: Arkansas Freedom of Information Act Reque

+12408235549

Clark County Sheri ff ' s Off ice
FOIA Off ice
406 south 5th stree t
Arkadelphia , AR 71923
Augus t 27, 2018
This is a f ollow up t o a previous reques t :
To Whom It May Concern :
I wan t ed t o follow up on the f ollowing Arkansas Freedom of Informa t ion Act
reques t, copied below, and originally submitted on May 19, 2018 . Please let me
know when I can expec t t o receive a response, or i f f ur t her clari f ica t ion is
needed .
Thanks for your help, and le t me know if f urther clarification is needed .

Filed via MuckRock . com
E-mail (Preferred) : 54156-79119469@reques t s . muckrock . com
For mailed responses , please address (see no t e) :
MuckRock News
DEPT MR 54156
411A Highland Ave
Somerville , MA 02144-2516
PLEASE NOTE : This request was fi led by a MuckRock staff r eporter . Also no t e t hat
improperly addressed (i . e . , wi t h the reques t er ' s name ra t her than "MuckRock
News'' and t he depa rt men t number) requests migh t be returned as undeliverable .

on May 19, 2018 :
To Whom It May Conce rn :
Pursuant to the Arkansas Freedom of Informa t ion Act , I hereby request the
f ollowing records :
Contrac t s and invoices related t o t he use of communica t ion services a t any and
all coun t y correctional or detention facility locations under the jurisdic t ion
of this agency . This may encompass t elecommunication, kiosk , and mobile t able t
services .
Please provide the f ollowing relevan t materials .
• Any and all open or ac t ive Requests for Proposal or similar solici t a t ions
regarding the provision , installation, maintenance , or use of communica tion
serv±ces -:- -rf- avai.-lable or- app±:tcable, -please J:so- provide- equi.valen t- ma t eri-als
for video conferencing equipment and other electronic communication and
t elecommunication services .
• Any and all active con tr acts r egarding the provision , installation,
main t enance, financial requirements, associa t ed commissions, or use of
communication services . Please include all associated supplemental materials ,
including any and all a tt achmen t s, amendments, and exhibi t s. Please provide any
o t her materials regarding the t erms of service , including the term and
ex pira t ion da t e of th e current con t ract , as well as any op t ional con tract

p.1

, RECEIVED 08/27/2018 04:11AM 8702463443
2?--Aug-2018

04:12

CLARK CO 911

RE: Arkansas Freedom of Information Act Reque

+12408235549

extensions . Please include the name of the current t elecommunication provider,
as well as the services curren t ly being provided pursuan t t o t he agreemen t .
Relevant companies include, but are not limited to, Cen t uryLink , Ci t y Tele Coin ,
ICSolutions, JPay, and Securus Technologies .
• Any and all financial reports , commission r eports, revenue reports, and
invoices related to the provision , installation, maintenance , or use of
communication services . Please include all usage and f ee reports, providing as
much seg re gable data as possible, including , but not limited to, the rate at
which the funds were generated, t he revenue genera t ed for each service , the
t ime f rame during which the funds were gene rated, the na tur e of t he
communication ' s payment (collect, prepaid, inmate account), e t c . If available ,
please also provide equivalent ma t erials for- video conferencing equipment and
other elec tr onic communication and t elecommunication services .
Please provide all curren t con tr ac t materials and invoices f or th e period
January 1, 2015 through t he da t e t his request is processed .
The requested documents will be made available to t he general public , and t his
request is not being made for commercial purposes .
In the event that there are fees , I would be grateful i f you would in f orm me of
the total charges in advance of fulfilling my request . I would prefer the
request filled electronically , by e-mail at t achmen t if available or CD-ROM i f
not .
Thank you in advance for your anticipated cooperation in t his matter . I look
f orward t o receiving your response to t his request within 3 business days , as
the statu t e requires .
Sincerely ,
Beryl Li pton

Filed via MuckRock . com
E-mail (Preferred) : 54156-79119469@requests . muckrock . com
For mailed responses, please address (see note) :
MuckRock News
DEPT MR 54156
411A Highland Av e
Somerville , MA 02144-2516
PLEASE NOTE : This request was f iled by a MuckRock sta ff reporter . Also note that
improperly addressed (i . e . , with the requester ' s name rather than "MuckRock
News " and t he depar t ment number) requests might be returned as undeliverable .

p.2