Prison Phone Justice

Inmate Telephone $ervlct Sub!crlblr Agrnment
CONTRACT BElWEEN T.HE COUNTY OF_
- _Polk, Georgia~ AND NCIC INMATE TELEPHONE
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SERVICES, INC.

This NCIC Inmate Telephone Services Subscrlber Agreement (the 1'Agreeme~r) is made this_ day of
_ _ _ 2017, ·~Y and between NCIC Inmate Tolephone Services, (NCIC), a Texas corporation, having
itS principal place of business at607 E Whaley St, Longview, Texas 75601, and the SUBSCRIBER having
its principal place·Qf business at: ·
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Address: _1676 Rockmart Hwy_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

City, State & Zip code: _Cedartown, GA 30125._ _.;___ _ _ _-,..._ _ _ _ _ __
Contact _Chief Al ·Sharp_ _ _ _ _ _ _ _ _ _ _ ____,~-------..

Phone Number: _770-749-2911._ _ _ _ _ _ _ _ __
Fax Number: _770--428-2178._ _ _ __

Email addren: _asharp@polkga.org,_ _ __

FederalTaxlDorSS#:~~--------------------~---~
WrTNESSE!H

Whereas, the Facility is .responsible for the inmates and for the openitlon of,. and supeNlsofy and
protective cara, custody and oontrol of, all buildings, grounds, property and matters connected with the
Facility. Whereas, the Provider~ a qualified and willing participant with the FacDlty to provide Inmate
telephone services: In consideration of the mutual benefits to be derived hereby, the Facility and the

Provider do hereby agree as follows:
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CONTRACT TERM AND Rl!NEWAL
{A).

Contract Tenn and Renewal
This Contract shall begin on the date on which it is signed by both parties, and shall end

one ( 1) year from the date of execution and shaH renew itself for an additional term
unless either party gives written notice to terminate ninety (90) days priOr to the expiration
of this agreement or any period thereafter. In ttte event thiS Contract is signed by the
parties on different dates. the latter date shall control.
II.

SCOPE OF SERVICE

(A).

Servlcea to be provided
The PrO'lider shall provide a fully operational, local and long dlatanc:e, secure and rellable
Inmate Telephone System {ITS). The ITS system shall b8 inclusive of all equipment,
installation, Infrastructure anct network, training, operation, and ongoing repairs and

607 East Wha_Jey Street f LOngvlew. T~xas 7S601

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maintenance of the entire system and its components which, at a -minimum, shell meet
the f.acility's requirements set forth In Request for Proposal arid/or Proposal. .
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{B).

Rules and Regulattona
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1. The Provider shall adhere to >&ny and all -municipal, state·or federal requirements for
ITS installation, certification, training or registration during the life of the Contract.
.2. The Provider shall be responsible for compliance with all regulatory requirements
imposed by local, state and federal -regulatory agencies ·for all ITS and related
services provided throughout the duration of the CQntra<;t. Provider reserves the right
to decrease comml55lon payments In the event of deereased rates and fees by any
local, state or federal agency.
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3. The Provider shall be responsible for making all ITS modifications necessary to allow
Inmates to place call& in compliance with any Industry dialing requirement change(&)
at no cost to the Facility.
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·4." The Provider shall be respohSible fofcomplylng with arid updating the JTS for any
regulatory changes and requirements during the life of the Contract These regulatory
Changes include federal, state or local municipal modlf!Cations. ·These changes shall
-be made within a time frame agreed to by the Facility's Local Contract Coordinator ·Operations and at no cost to the Facility.
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(C).

Provider's R.-ponalbllitf•

The Provider •hall provide the following:
1. A comprehensive inmate telephone service that will all~ for collect and prepaid calls
for local, interlata, lntralata, intrastate, lnters1ate and lntematlonal calla.and locat
telephone exchange service;
2 . A technology systom, which includes; but is not limited to, ayatem Infrastructure,
.. neworf<•. database. serv~rs. new can processors, digital and analOg communications

clrcuits, telecommunlca\Wns capabilities, monitoring,. and·c;>ther required ·system
.runctic)nality;
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3. Installation of new telephone Instruments (equipment) at all included facilities
including the required number of instruments and any required- station cabling aa
determined necessary;

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4. Systems and equipment that support the Facility's
monitoring/security needs,
~!'~ding terminals, and digital recording equlpme:nt as delef'mined necessary;

5. Creation of ~ centralized database which s~ll contain all data elements necessary
. for provision of monitoring services, reporting and.historical call transaction

information;
6. .Pri>vlder per$onnel to inef ude ITS Sy~tem Adminiltnitor, Field Repair/Site
Technicians _and Service Representatives to pedorm .oversight, operational
assistance arid maintenance and repair to the ITS system and equipment;
7. Ongoing matntenanQ&, repair, and/or replacement and/or upgrades of atl equipment
and systems mi determined necessary to ensure service delivery;

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· 8:- Pmvislon of all required training and instructional matenals required for uae of the

teJephone ~!Vices as ~~licable to inmates, families, and/or Facility staff; and

9. Provision of all related supp()l't seivices not otheiWise indicated herein.
10. Monthly commission payments on call revenue and provide monthly revenue

statements,

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(E).

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· Installation Requirements

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All req.uir8d materials, equipment; hardware, software end station cabling (where re-use
Is unavailable or. new locations are required) for lnstallatlon and maintenance of the ITS
shal!"°t>eprovided by the Provider. Wherever possible, the·Prol/ldefshall re-use existing
station cabling Installed at each Facility for the telephone Instruments. In cases where
existing station cabling cannot be used, the Pro:vider shall install new station cabling ·
(C8tegory 3 minimum) at no cost to the Facility. Any FlfWi cabllrtg ehall Include wall plate,
croes connection, patch cords. etc. as required by the Facility. Th• Provider shall comply
with ell applicable.electrical .codes. ·The ~vlder shall comply•with _the Faclllty's security
guidelines on· institutional and facility seeuritY policies~ ViolatidMs ~f these rules c:Ould
result in termination of the Contract Prior.to beginning work at an lns~tutlon, the Provider
·stiaU oontact the institution to obtain a copy of any speoifte additional lnstitutk;mal or
facility rules. Tne Provider shall provide all coordination requited with local bandwidth
·provider and other carriers during installation and for the duration of the contract. The
Provider shaU provide and Install required surge protection for the ITS and ib
components. The use of traditional "power strips" for surge protection is not acceptable.
The ·f>rovider shall provide and install required lightning protectron equipment on alt
netwOrk services supplied for the ITS.
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Inmate Telephone 8yatem.functlonallty (Gen8f111)

. The Provider shall .provide an Inmate Telephone Service (ITS) With a technology system
fully supported ~Y an Infrastructure which has th• capability to proVide specified services
such ~s secure and real-tim~ mon_
itoriog of·tetephone calla ~ng the Facility's system
~nty~uirements. The.Inmate teleph'one sys•em Sl'l•lll:Qntain Mcurity features,
Which.
unauthorizedIndividuals from accessing
lr1forrriatlon held by the

prevent

any

Provider. Secur8' access to the system and the databaae s~ll be maintained at all times.

The ·Ptovider shall provide cemplete.support of all systems and software necessary to

ensure provision·of services at all times for the _
duration of the.reaultlng Contract. The
sytJtem shall alloW fOr the Facility to program times when the system will be operational,
i.e;l available or unavallable for inmate calls.

The aystam shall contain an automated

announcement function capable of processing calls on a selective bi-lingual basis:
English a.nd Spanish. During the call set-up process, the system shall provide a prerecorded announcement identifying that the collect call ls-coming from a jail, stating rate
information and containing a toll free number for the consumers use. This announcement
. shall be heard by the answering party. The announcement 1hall also inc.lude the
statement "Al telephone cals will be recorded except attorney calls." The system shall
have the capability to be deactivated (Shut down), by Facility or Provider staff, quickly and
selectively, at an individual facility, partlal facility (single cell) or on a global basis and to
resbict all access; The syst9011hall be capable of deactivating th.e PIN feature by
individual inmate telephone, groups of telephones and/or entire Institutions, at the
Facility's option. Regardless of this-deactivation, the syst~m shall restrict Inmate calls to
prepaid collect and normal collect calls. At no time shall the Inmate telephones be
unrestricted due t9 the deact~ation of the PIN feature. The system shall provide the

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~Pabi11ty to ftag any indivl~ual telephon~ number In th.,·inmate's "Approved Number List"

as ·oa Not Record".
(F).

Tel8phone Service Equipment Requirements
Thro!-lghout the term of the Con~ct. the Provider shall .own all systems and equipment
(Monitoring/Recording Terminals. Inmate Telephone Stations, Coln-Operated Telephone
Stations, etc.) And shall conduct all maintenance, repa;rs, upgrades and replacement to
aysteme and equipment at no coat to the Facility.

{G).

Equl'pment Service & Maintenance Requirements . '.···,.
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The Provider shall provide equipment to $Upport servtee delivery as specified herein
at all designated facUities that are fully functional in regards to an labor, materlals, service
ha~re .and/or software. Ttte Provider shall further warrant that any equipment installed
for the Facility shall be free·of defects, irregularities, ~e vk>fations and shall operate as
designed and proposed or negotiated. Should the equipmentnot.c>perate asiMsigned
and proposed or negotiated; or violate 21ny local, atat•for federal code, :rule or ordinance,
the Provider shall cOrrect the defect or irregular;ty or bHrfg·the seivice fo within code, rule
or .ordinance at no cost to tt:te Facility including paymeht for any fines or penalties
associateQ ther~lth. Time is of the essence in comple~ng emergency and other service
repairs or replacements. Thus, the Provider is ·required to meet all response times as
required by the facility to retum the system to normal ~ng status. In the event of
extr89rdinary ot:iitacles to serv!Ce for whlc:h the Provider exceeds the time-to-service
requirement, notification and a d~talled plan of service ~Nill be Immediately provided to
the F8cility by the Provider.
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Ill.

!ERMINATIQN ·
(A). Tenninatlon

If a breach of thi$ Contract occurs by the Provider, the FacllJtY may, by written notice to
th~ Provider, terminate this Contract upon thirty (30) day n9t~. Notlce shall be delivered
b9.,ee.rtfflecrmail (return receipt requ~ted), by other m~ltiod of: delivery whereby an
ot.lginal '&igna.ture is obtal~. or lri-person with proof oJ.:~etivery. .
(B). Indemnification

The Provider.5hall be liable,'and agrees to be liable for, and:sh.all indemnify, defend,
and hOld the Faqility. Its employees, agents, officerS, lieirs•.and assign"8 harmless from
any and all claims, suits, judgments, or damages including court costs and attorney's
fees arising out of intentional acts, negligenoe, or omissiolll$.by the·Pr<>Vlder, or Its
employees
or agents, In the .cour5e of the operatiOns
of this Contract.
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(C). Provider'$ Insurance

n.~·f>~ovider ag~s to provide adequate JnSllral'lce covera~ on a Comprehensive
basl.s ~d to hold such insurance at all times during the existence of this Contract.
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(D). Assignment

Th8 Provider shall not asslgri Its responsibllltles or lnterestS under this Contract to
another party without prior written approval of the Facilitts contract Manager.

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(E). Force Majeure
Neithif.party shall be liable for loss or damage suffered as a .result of any delay or failure
In performance under this Contract or Interruption of performance resulting directly or
Indirectly from acts of God, fire, explosions, earthquak~, floods, water, wtnd, llghtnlng,
civil or military· authority, acts of public enemy, war, riots, civil disturbances, lnsurrecttons,
strikes, or labor disputes.
(F). Severability
The.invalidity or·. unenforoeability of any particular provision ·of this Q>ntract Shall not
affect the other provisions hereofand lhls Contract shall be oonstrued In all respects as if
such Invalid or unenforceable provision was omitted, so long as the material purposes of
· this Contract can still be determined and effectuated.

(G). COnfliCt of •nterest

The Provider shall not comP&nsate in any manner, dlreCtly or indirectly, any officer, agent
or employee of the Facility for any act or selVlce that he/she may do, or perform for, or on
behalf of, any officer, agent, or employee of the Provider, No officer, agent, or empfoyee
of the Facility shall have any interest. directly or indlrect1y, In any contract or purctiase
made, or authorlZed to be made, by anyone for, or on behaff of, the Facility.
(H). Governing Law and Venue

This contract iS executed and entered into in the State or Texas, and shall be construed,
performed and enforced in all respects In accordance Wlih the law9, rules and regulations
of the State of Texas. Any action hereon or In connection herewith shall be brought in

Gregg County, Texas.

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(I). No Third Party Beneficiaries

Except_as otherwise .expressly provided.herein, n.either ttUs C.ontract, nor any

· a~Odrnent: addendum or &Xhibit a.ttached hereto, nor~rrri; .provision or clause
eontained therein, shall be C9i'lstrued as being for the benefit of, or providing a benefit to,
any party not a signatory hereto.

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(J). Exclusivity

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During the term of this contract, SUBCRI BER agrees to 9rant Provider exclu~lve rights to
install and maintain an Inmate Telecommunications S~tem for all facilities owned and
futurefacllitles operated or governed by SUBSC.RIBER.
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RATES & COMMISSION STRUCTURE
Below is the commission offered to Polk County Sherill's Offtee:

60'1o of 1ross revenue paid monthly to PCSO for the term of the contract. Commissions to
include .i ntentate calls.

Fees and ·P er Minute Rates to be charged in compli•nce with the State of (;eorgia and tlae
FCC impending rvling.
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INTERNATIONAL COMMISSIONS:
MEXICO & INTERNATIONAL COLLECT:

S1.00 per completed caU

NCIC Inmate Phone Service:

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Signature: Sh@luiny Moats

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ADDENDUM FOR VOiP GATEWAY EQUIPMENT

Each party agrees that NCIC will provide appropriate VOiP gateway equipment (Grandstream or Adtran)

In the case of VOiP a~cess to the ICE platform. Upon termination of thi$: j)greement, all VOiP equipment
will be returned tP .NCIC wlthln·30 days. Customer agrees not to sell,.trade, commit or place liens on
VOiP gateway equipment provided by NCIC.

CUSTOMER:

n· yMoats

Signature

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Date

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