Prison Phone Justice

State of Georgia
State Entity Contract Form
Solicitation Title
Inmate Te lephone Service

Solicitation Number
46700-GDC0000669

Contract Number

1. This Contract is entered into between the State Entity and the Contractor named below:
State Entity's Name
Georgia Department of Corrections (GDC)
(hereafter called State Entity)
Contractor's Name
Secur us Technologies, Inc.
(hereafter called Contractor)
2. Contract to Begin:

Date of Completion:

Renewals:

3 One-Year Renewals
3. Performance Bond, if any:
Surety SB00,000

Other Bonds , if any:
N/A

4. Estimated Value (Revenue-Share)
of this Contract:
$19.6 - $45.3 Million (Initia l
Term)

Total Financial Obligation of the
State Entity for the First Fiscal Year:

Total Financial Obligation of the State Entity
for each Renewal Period if Renewed :

N/A

NIA

5. Authorized Person to Receive Contract Notices f or State
Entity:

Authorized Person to Receive Contract Notices for Contractor:

De n

s

rz ~Ir\ ~

d

cit~ @ Uur~~)h t h . 11~

Jennifer Ammons
jennifer.ammons@sdc.sa.sov
I'\\
( t..J)
(.( /rt L,
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6. The parties agree to comply with the terms and conditions of the following attachments which are by this reference made a part of
the Contract:
Attachment 1: GDC Contract Terms and Conditions
Attachment 2: GDC Scope of Services
Attachment 3: eRFP and Selected Attachments, Q&A Document, Request for Clarification and BAFO Request
Attachment 4 : Contractor' s RFP Response, Request for Clar ification Response and BAFO Response

IN WITNESS WHEREOF, this Co ntract has bee n executed by the parties hereto.

7.

Contractor
Contractor's Name (If other than an individual, state whether a corporation, partnership, etc.)
Securus Technologies, Inc.
By (Authorized Signature)

)<

Date Signed

4/~

~ / "l-/1<.,

Printed Name and Title of Person Signing
Robert E. Picke ns, President
Address
14651 Dallas Par kway, Suite 600, Dallas, Texas 75254

8.

State Entity
ns
Date Signed

9 \Ll11
Printed N
e and Titl e or Person Signing
Jen nifer Ammons, Direct or of Legal Services
Address
State Office South at Tift Coll ege, Gibson Hall, 3rd Floor, 300 Patrol Road, PO Box 1529, Forsyth , GA 31029

STATE OF GEORGIA

Inmate Telephone Service Contract
Contract Attachment 1/RFP Attachment N
.
Contract Terms and Conditions for Products, Software and Services Purchases
A.

1.

DEFINITIONS AND GENERAL INFORMATION
Definitions. The following words shall be defined as set forth below:
(i)

"Contractor" means the provider(s) (along with any subcontractors) of the software,
products and/or services under the Contract as identified in the State Entity Standard
Contract Form.

(ii)

"Purchase Instrument" means the documentation issued by the State Entity to the
Contractor for a purchase of Software, products and services in accordance with .the
terms and conditions of the Contract. The Purchase Instrument should reference the
Contract and may include an identification of the items to be purchased, the delivery
date and location, the address where the Contractor should submit the invoices, and
any other requirements deemed necessary by the State Entity.

(iii)

"Response", "Contractor's Response" or "Final Response" means the Contractor'
s submitted response to the RFX, including any modifications or clarifications accepted
by the State Entity.

(iv)

"RFX" means the Request for Proposal, Request for Bid, or other solicitation
document (and any amendments or addenda thereto) specifically identified in the State
Entity Standard Contract Form, which solicitation document was issued (electronically
or by other means) to solicit the Software, products and services that are subject to the
Contract.

(v)

"State" means the State of Georgia, the State Entity, and any other authorized state
entities issuing Purchase Instruments against the Contract.

(vi)

"State Entity" means the State of Georgia entity identified in the State Entity Standard
Contract Form to contract with the Contractor for the software, products and services
as identified in the Contract.

(vii)

"State Entity Standard Contract" or "Contract" means the agreement between the
State Entity and the Contractor as defined by the State Entity Standard Contract Form
and its incorporated documents.

(viii)

"State Entity Standard Contract Form" means the document that contains basic
information about the Contract and incorporates by reference the applicable Contract
Terms and Conditions, the RFX, Contractor's Response to the RFX, the finaJ pricing
documentation for Software, products and services and any mutually agreed
clarifications, modifications, additions and deletions resulting from final contract
negotiations. No objection or amendment by a Contractor to the RFX requirements or
the Contract shall be incorporated by reference into this Contract unless the State
Entity has accepted the Contractor's objection or amendment in writing. The State
Entity Standard Contract Form is defined separately and referred to separately
throughout the State Entity Standard Contract as a means of identifying the location of

GDC Inmate Telephone Service Contract

2

certain information. For example, the initial term of the Contract is defined by the dates
in the State Entity Standard Contract Form.

2.

Priority of Contract Provisions. Any pre~printed contract terms and conditions included on
Contractor's forms or invoices shall be null and void.

3.

Reporting Requirements. Contractor acknowledges that the Call Detail Records (CDRs }1
call recordings, voicemails, documentation, reports, data, etc., processed through the Inmate
Telephone System ("ITS") are the property of the State Entity. The State Entity requires
Contractor to maintain accurate, complete and reconcilable records, in electronic format,
detailing the Gross Revenues from which Revenue Share and Minimum Monthly Guarantee {"
MMG") can be determined. Contractor shall provide all reports and records as required by
Attachment 2 - GDC Scope of Services, Section 22 Payment and Reporting and by the 20th
day of the month following the month of traffic. The reports and records shall include all
CDRs, EMI billing files, Miscellaneous charges/fees, debit usage reports and associated
invoices and revenue sharing reports during the term of the Contract.

8.

DURATION OF CONTRACT

1.

Contract Term. The Contract shall begin on the effective date hereof, which shall be the date
executed by the State Entity as shown on the signature page hereto and continue for four (4)
calendar years unless terminated earlier in.

2.

Contract Renewal. The State Entity shall have the option, in its sole discretion, to renew the
Contract for three (3) additional one (1) year terms by giving the Contractor written notice of
the renewal decision at least sixty (60) days prior to the expiration of the initial term or renewal
term. Renewal will depend upon the best interests of the State, funding, and Contractor's
performance. Renewal will be accomplished through the issuance of a Notice of Award
Amendment. Upon the State Entity's election, in its sole discretion, to renew any part of this
Contract, Contractor shall remain obligated to perform in strict accordance with this Contract
unless otherwise agreed by the State Entity and the Contractor.

3.

Contract Extension. In the event that this Contract shall terminate or be likely to terminate
prior to the making of an award for a new contract for the identified Software, Licenses and
Services, the State Entity may, with the written consent of Contractor, extend this Contract for
such period as may be necessary to afford the State a continuous supply of the identified
Software, Licenses and Services.

C.
1.

DESCRIPTION OF GOODS AND SERVICES
Software and Specifications. The Contractor shall provide all software ("Software") in strict
compliance with the descriptions and representations as to the Software (including
performance, capabilities,
accuracy,
completeness,
characteristics
specifications,
configurations, standards, functions and requirements) which appear in the RFX and the terms
of the Contract
I

2.

Services and other Deliverables. The State Entity grants Contractor the exclusive right and
privilege to install and operate all inmate telephones and related telephone equipment at the
Facilities detailed in the RFX. Contractor shall, at no cost to the State Entity, provide all inside
wiring for the inmate telephones, install the inmate telephones and the related hardware and
software/firmware specifically identified herein, to enable inmates at the Facilities to make free,
collect, pre-paid and/or debit local, long distance and international calls from the Facilities (
Services") pursuant to the terms set forth in the RFX and the terms of the Contract.

11

GDC Inmate Telephone Service Contract

3

0

3.

Services" shall include administration, distribution, installation, configuration, support and
training services as further described in the RFX. Contractor, its subcontractor(s) and any
employees of Contractor will perform the Services as specified in the RFX, in a workmanlike
manner, and consistent with the level of care and skill ordinarily exercised by other providers
of similar services at the time such Services are provided.

4.

Contractor shall agree to all terms and conditions set forth in this Contract, and Contractor
shall agree to the specifications, including, but not limited to, the features and functionalities of
the Inmate Telephone System listed in the RFX and confirmed in Contractor's RFX response.
If the State Entity designates an agent to act on the State Entity's behalf ("Designated Agent"),
Contractor shall follow the State Entity's direction in working with such Designated Agent.

D.

COMPENSATION

1.

Revenue Sharing, Pricing and Payment. The Contractor shall pay the State Entity Revenue
Share(s) for the Services pursuant to the Contract in accordance with the RFX and final
Revenue Share documents as incorporated into the State Entity Standard Contract Form and
the terms of the Contract. Unless clearly stated otherwise in the Contract, the Revenue Share
proposal, caning rates and approved fees are firm and fixed during the initial Contract term.
Revenue Share and services pricing include. but not limited to, calling options, calling rates,
approved fees, MMG, Financial Incentive, and Revenue Share percentage rate.

2.

Billings. If applicable, and unless the RFX provides otherwise, the Contractor shall submit, on
a regular basis, individual invoices for the Services as supplied to the State Entity under the
Contract at the billing addresses specified in the Purchase Instruments or Contract. The
invoice shalJ comply with all applicable rules concerning payment of such claims. The State
Entity shall pay all approved invoices in arrears and in accordance with applicable provisions
of State law.

2.

Delay of Payment Due to Contractor's Failure. As outlined in the RFX, Contractor may
incur late fees, fines or liquidated damages for Services that were not delivered timely or
performed. To the extent that the Contractor's failure to perform or deliver in a timely manner
materially impacts the State Entity, the State Entity may invoice Contractor based on the
events listed in Section 29 Liquidated Damages of this Contract. Should the State Entity
invoice Contractor, such invoice would be due and payable to the State Entity within thirty (30)
days upon receipt of the invoice.

3.

The State Entity shall not be liable for any of Contractor's costs for Services pursuant to this
Contract, including, but not limited to, taxes, shipping charges, network charges, operator
center charges, insurance, interest, penalties, termination payments, attorney fees, or
liquidated damages.

E.
1.

TERMINATION
Immediate Termination. Pursuant to O.C.G.A. Section 50-5-64, if applicable, this Contract
will terminate immediately and absolutely if the State Entity determines that adequate funds
are not appropriated or granted or funds are de-appropriated such that the State Entity cannot
fulfill its obligations under the Contract, which determination is at the State Entity's sole
discretion and shall be conclusive. Further, the State Entity may terminate the Contract for
any one or more of the following reasons effective immediately without advance notice:
(i)

In the event the Contractor is required to be certified or licensed as a condition
precedent to providing such software, products and services, the revocation or loss of

GDC Inmate Telephone Service Contract

4

such license or certification may result in immediate termination of the Contract
effective as of the date on which the license or certification is no longer in effect;

2.

3.

(ii)

The State Entity determines that the actions, or failure to act, of the Contractor. its
agents, employees or subcontractors have caused, or reasonably could cause, life,
health or safety to be jeopardized;

(iii)

The Contractor fails to comply with confidentiality laws or provisions; and/or

(iv)

The Contractor furnished any statement, representation or certification in connection
with the Contract or the bidding process which is materially false, deceptive, incorrect
or incomplete.

(v)

Upon termination, Contractor shall adhere to the transition requirements as outlined in
Attachment 2 - GDC Scope of Services, Section 5 - Transition.

Termination for Cause. The occurrence of any one or more of the following events shall
constitute cause for the State Entity to declare the Contractor in default of its obligations under
the Contract:
(i)

The Contractor fails to deliver or has delivered nonconforming software, products and
services or fails to perform, to the State Entity's satisfaction, any material requirement
of the Contract or is in violation of a material provision of the Contract, including, but
without limitation, the express warranties made by the Contractor;

(ii)

The Contractor fails to make substantial and timely progress toward performance of the
Contract;

(iii)

The Contractor becomes subject to any bankruptcy or insolvency proceeding under
federal or state law to the extent allowed by applicable federal or state law including
bankruptcy Jaws; the Contractor terminates or suspends its business; or the State
Entity reasonably believes that the Contractor has become insolvent or unable to pay
its obligations as they accrue consistent with applicable federal or state law:

(iv)

The Contractor has failed to comply with applicable federal, state and local laws, rules,
ordinances, regulations and orders when performing within the scope of the Contract;

(v)

The Contractor has engaged in conduct that has or may expose the State Entity or the
State to liabiJity, as determined in the State Entity's sole discretion; or

(i)

The Contractor has infringed any patent, trademark, copyright, trade dress or any other
intellectual property rights of the State Entity, the State, or a third party.

(ii)

Upon termination, Contractor shall follow the transition requirements outlined in
Attachment 2 - GDC Scope of Services, Section 5 - Transition.

Notice of Default. In the event Contractor fails to perform any terms or conditions of the
Contract, the State Entity may consider Contractor in default of the Contract and supply
Contractor written notice of such default. In the event said default is not remedied to the
satisfaction and approval of the State Entity within thirty {30) calendar days of receipt of such
notice, the State Entity may terminate the Contract.

GDC Inmate Telephone Service Contract

5

For any reason, should Contractor be unable to satisfy the requirements contained in the
Contract, the State Entity may, in its sole discretion, call for the Surety Bond due, in part or in
full, for non-performance and/or as Jiquidated damages.
Upon termination, Contractor shall follow the transition requirements outlined in Attachment 2
- GDC Scope of Services, Section 5 - Transition.

4.

Termination Upon Notice.
(i)
The State Entity may terminate the Contract without payment of any penalty or incurring
any obligation by providing ninety (90) days written notice.

(ii)

5.

Upon termination, Contractor shall follow the transition requirements outlined in
Attachment 2- GDC Scope of Services, Section 5 - Transition.

Termination Due to Change in Law.
(i)
The State Entity shall have the right to terminate this Contract without penalty by giving
thirty (30) days' written notice to the Contractor as a result of any of the following:
a. The State Entity's authorization to operate is withdrawn or there is a material
alteration in the programs administered by the State Entity; and/or
b. The State Entity's duties are substantially modified; and/or
c. A material change in the rules or policies of the Federal Communications
Commission (FCC) applicable to inmate caJling services (JCS), which change
affects: (1) the ICS rates permitted to be charged by the Contractor to inmates
under this Contract; (2) the right of State Entity to recover its ICS costs; or (3) the
ability of State Entity to require Contractor to pay to State Entity site commissions.

(ii)

Upon termination, Contractor shall follow the transition requirements outlined in
Attachment 2 - GDC Scope of Services, Section 5 - Transition.

6.

Payment Limitation in Event of Termination. In the event of termination of the Contract for
any reason by the State Entity, the State Entity shall pay only those amounts, if any, due and
owing to the Contractor for software, products and services actually rendered up to the date
specified in the notice of termination for which the State Entity is obligated to pay pursuant to
the Contract or Purchase Instrument. Payment will be made only upon submission of invoices
and proper proof of the Contractor's claim. This provision in no way limits the remedies
available to the State Entity under the Contract in the event of termination. The State shall not
be liable for any costs incurred by the Contractor in its performance of the Contract, including,
but not limited to, startup costs, overhead or other costs associated with the performance of
the Contract.

7.

The Contractor's Termination Duties. Upon receipt of notice of termination or upon request
of the State Entity, the Contractor shall:

(i)

Contractor shall remain obligated to perform in strict accordance with this Contract,
unless otherwise agreed by the State Entity and the Contractor, through the
termination date provided in the written notification from the State Entity to Contractor.
Contractor will take all necessary or appropriate steps to limit disbursements and
minimize costs, and furnish a report within thirty (30) days of the date of notice of
termination, describing the status of all work under the Contract, including, without
limitation, results accomplished, conclusions resulting therefrom, and any other matters
the State Entity may require;

GDC Inmate Telephone Service Co'"!tract

6

F.
1.

(ii)

Immediately cease using and return to the State, any personal property or materials,
whether tangible or intangible, provided by the State to the Contractor;

(ii)

Comply with the State's instructions for the timely transfer of any active files and work
products produced by the Contractor under the Contract; and

(iii)

Upon termination, Contractor shall follow the transition requirements outlined in
Attachment 2- GDC Scope of Services, Section 5 - Transition.

CONFIDENTIAL INFORMATION
Access to Confidential Data. The Contractor's employees, agents and subcontractors may
have access to confidential data maintained by the State to the extent necessary to carry out
the Contractor's responsibilities under the Contract. The Contractor shall presume that all
information received pursuant to the Contract is confidential unless otherwise designated by
the State. If it is reasonably likely the Contractor will have access to the State's confidential
information, then:
(i)

The Contractor shall provide to the State a written description of the Contractor's
policies and procedures to safeguard confidential information;

(ii)

Policies of confidentiality shall address, as appropriate, information conveyed in verbal,
written, and electronic formats;

(iii)

The Contractor must designate one individual who shall remain the responsible
authority in charge of all data collected, used, or disseminated by the Contractor in
connection with the performance of the Contract; and

(iv)

The Contractor shall provide adequate supervision and training to its agents,
employees and subcontractors to ensure compliance with the terms of the Contract.

The private or confidential data shall remain the property of the State at all times. Some
services performed for the State Entity may require the Contractor to sign a nondisclosure
agreement. Contractor understands and agrees that refusal or failure to sign such a
nondisclosure agreement, if required, may result in termination of the Contract.
2.

No Dissemination of Confidential Data. No confidential data collected, maintained, or used
in the course of performance of the Contract shall be disseminated except as authorized by
law and with the written consent of the State, either during the period of the Contract or
thereafter. Any data supplied to or created by the Contractor shall be considered the property
of the State. The Contractor must return any and all data collected, maintained, created or
used in the course of the performance of the Contract, in whatever form it is maintained,
promptly at the request of the State.

3.

Subpoena. In the event that a subpoena or other legal process is served upon the Contractor
for records containing confidential information, the Contractor shall promptly notify the State
and cooperate with the State in any lawful effort to protect the confidential information.

4.

Reporting of Unauthorized Disclosure. The Contractor shall immediately report to the State
any unauthorized disclosure of confidential information.

5.

Survives Termination. The Contractor's confidentiality obligation under the Contract shall
survive termination of the Contract.

GDC Inmate Telephone Service Contract

7

G.
1.

INDEMNIFICATION
Contractor's Indemnification Obligation. The Contractor agrees to indemnify and hold
harmless the State and State officers, employees, agents, and volunteers (collectively,
"Indemnified Parties 11 ) from any and all costs, expenses, losses, claims, damages, liabilities,
settlements and judgments, including reasonable value of the time spent by the Attorney
General's Office, related to or arising from:
(i)

Any negligent, intentional or wrongful act or omission of the Contractor or any
employee, agent or subcontractor utilized or employed by the Contractor;

(ii)

Any failure of the Software, Licenses and/or Services to comply with applicable
specifications, warranties, and certifications under the Contract;

(iii)

The negligence or fault of the Contractor in design, testing, development, manufacture,
or otherwise with respect to the Software, Licenses and/or Services or any parts
thereof provided under the Contract;

(iv)

Claims, demands, or lawsuits that, with respect to the Software or any parts thereof,
allege product liability, strict product liability, or any variation thereof; or

(v)

Any failure by the Contractor to adhere to the confidentiality provisions of the Contract.

2.

Duty to Reimburse State Tort Claims Fund. To the extent such damage or loss as covered
by this indemnification is covered by the State of Georgia Tort Claims Fund ("the Fund"), the
Contractor (and its insurers) agrees to reimburse the Fund. To the full extent permitted by the
Constitution and the laws of the State and the terms of the Fund, the Contractor and its
insurers waive any right of subrogation against the State, the Indemnified Parties, and the
Fund and insurers participating thereunder, to the full extent of this indemnification.

3.

Litigation and Settlements. The Contractor shall, at its own expense, be entitled to and shall
have the duty to participate in the defense of any suit against the Indemnified Parties. No
settlement or compromise of any claim, loss or damage entered into by the Indemnified
Parties shall be binding upon Contractor unless approved in writing by Contractor. No
settlement or compromise of any claim, loss or damage entered into by Contractor shall be
binding upon the Indemnified Parties unless approved in writing by the Indemnified Parties.

4.

Patent/Copyright Infringement Indemnification. Contractor shall, at its own expense, be
entitled to and shall have the duty to participate in the defense of any suit instituted against the
State and indemnify the State against any award of damages and costs made against the
State by a final judgment of a court of last resort in such suit insofar as the same is based on
any claim that any of the Software, Licenses and/or Services constitutes an infringement of
any United States Letters Patent or copyright, provided the State gives the Contractor
immediate notice in writing of the institution of such suit, permits Contractor to fully participate
in the defense of the same, and gives Contractor all available information, assistance and
authority to enable Contractor to do so. Subject to approval of the Attorney General of the
State of Georgia, the State Entity shall tender defense of any such action to Contractor upon
request by Contractor. Contractor shall not be liable for any award of judgment against the
State reached by compromise or settlement unless Contractor accepts the compromise or
settlement. Contractor shall have the right to enter into negotiations for and the right to effect
settlement or compromise of any such action, but no such settlement shall be binding upon the
State unless approved by the State.
·

GDC Inmate Telephone Service Contract

8

In case any of the Software, Licenses and/or Services is in any suit held to constitute
infringement and its use is enjoined, Contractor shall, at its option and expense:

(i)

Procure for the State the right to continue using the Software, Licenses and Services;

(Ii)

Replace or modify the same so that it becomes nonMinfringing; or

(iii)

Remove the same and cancel any future charges pertaining thereto.

Contractor, however, shall have no liability to the State if any such patent, or copyright
infringement or claim thereof is based upon or arises out of:

5.

H.

(i)

Compliance with designs, plans or specifications furnished by or on behalf of the State
Entity as to the Software;

(ii)

Use of the Software in combination with apparatus or devices not supplied by
Contractor;
·

(iii)

Use of the Software in a manner for which the same was neither designed nor
contemplated; or

(iv)

The claimed infringement of any patent or copyright in which the State Entity or any
affiliate or subsidiary of the State Entity has any direct interest by license or otherwise.

Survives Termination. The indemnification obligation of the Contractor shall survive
termination of the Contract.
INSURANCE. The Contractor shall procure and maintain insurance which shall protect the
Contractor and the State of Georgia (as an additional insured) from any claims for bodily injury,
property damage, or personal injury covered by the indemnification obligations set forth in the
Contract attached to this solicitation throughout the duration of the Contract. The Contractor
shall procure and maintain the insurance policies described below at the Contractor's own
expense and shall furnish the State Entity an insurance certificate listing the State of Georgia as
certificate holder and as an additional insured. The insurance certificate must document that the
Commercial General Liability insurance coverage purchased by the Contractor Includes
contractual liability coverage applicable to the Contract. In addition, the insurance certificate
must provide the following information: the name and address of the insured; name, address,
telephone number and signature of the authorized agent; name of the insurance company
(authorized to operate in Georgia); a description of coverage in detailed standard terminology
(including policy period, policy number, limits of liability, exclusions and endorsements); and an
acknowledgment of notice of cancellation to the State Entity.
The Contractor is required to maintain the following insurance coverage's during the term of the
Contract:

GDC Inmate Telephone Service Contract

9

1. Workers Compensation Insurance (Occurrence) in the amounts of the statutory limits
established by the General Assembly of the State of Georgia (A self..insurer must submit a
certificate from the Georgia Board of Workers Compensation stating that the Contractor
qualifies to pay its own workers compensation claims.) In addition, the Contractor shall
require all subcontractors occupying the premises or performing work under the Contract to
obtain an insurance certificate showing proof of Workers Compensation Coverage with the
following minimum coverage:
Bodily injury by accident .. per employee
$500,000
Bodily injury by disease - per employee
$500,000
Bodily injury by disease - policy limit
$500,000
2. Commercial General Liability Policy with the following minimum coverage:
Each Occurrence Limit
$1,000,000
Personal & Advertising Injury Limit
$1,000,000
General Aggregate Limit
$2,000,000
Products/Completed Ops. Aggregate Limit
$2,000,000
3. Automobile Liability
Combined Single Limit
$1,000,000
The foregoing policies shall contain a provision that coverage afforded under the policies will not
be canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior
written notice has been given to the State Entity. Certificates of Insurance showing such
coverage to be in force shall be filed with the State Entity prior to commencement of any work
under the Contract. The foregoing policies shall be obtained from insurance companies licensed
to do business in Georgia and shall be with companies acceptable to the State Entity, which
must have a minimum A.M. Best rating of A-. All such coverage shall remain in full force and
effect during the term and any renewal or extension thereof.
Certificates must reference the Contract number. The Contractor's submitted Revenue Share
proposal must include the cost of the required insurance. No Contract performance shall occur
unless and until the required insurance certificates are provided.
I.

BONDS
The Contractor shall provide required surety bond in the amount of $800,000 throughout the
initial (full) term of the awarded Contract and all subsequent renewals.

J.

WARRANTIES

Originality and Title to Provided Software and Services. Contractor represents and warrants
that all the concepts, materials, Software and Services produced, or provided to the State
pursuant to the terms of the Contract shall be wholly original with the Contractor or that the
Contractor has secured all applicable interests, rights, licenses, permits or other intellectual
property rights in such concepts, materials Software and Services: The Contractor represents
and warrants that it is the owner of or otherwise has the right to use and distribute the Software
and Services contemplated by the Contract. Contractor or the original Software publisher shall
retain all right, title and interest in the Software and any accompanying documentation, including
all applicable intellectual property rights.
The Contractor represents and warrants that the concepts, materials, Software and Services
and the State's use of same and the exercise by the State of the rights granted by the Contract
shall not infringe upon any other work, other than material provided by the Contract to the
Contractor to be used as a basis for such materials, or violate the rights of publicity or privacy of,
or constitute a libel or slander against, any person, firm or corporation and that the concepts,
GDC Inmate Telephone Service Contract

10

materials, Software and Services will not infringe upon the copyright, trademark, trade name,
trade dress patent, literary, dramatic, statutory, common law or any other rights of any person,
firm or corporation or other entity.

K.
1.

CONTRACT ADMINISTRATION
Order of Preference. In the case of any inconsistency or conflict among the specific
provisions of the State Entity Standard Contract Terms and Conditions (including any
amendments accepted by both the State Entity and the Contractor attached hereto), the RFX
(including any subsequent addenda), and the Contractor's Response; any inconsistency or
conflict shall be resolved as follows:

(i)

First, by giving preference to the specific provisions of the State Entity Standard
Contract Terms and Conditions.

(ii)

Second, by giving preference to the specific provisions of the RFX.

(iii)

Third, by giving preference to the specific provisions of the Contractor's Response,
except that objections or amendments by a Contractor that have not been expliciUy
accepted by the State Entity in writing shall not be included in this Contract and shall
be given no weight or consideration.

2.

Intent of References to Bid Documents. The references to the parties' obligations, which are
contained in this document, are intended to supplement or clarify the obligations as stated in
the RFX, as amended, and the Contractor's Response. The failure of the parties to make
reference to the terms of the RFX or the Contractor's Response in this document shall not be
construed as creating a conflict and will not relieve the Contractor of the contractual
obligations imposed by the terms of the RFX, as amended, and the Contractor's Response.
The contractual obligations of the State Entity cannot be implied from the Contractor's
Response.

3.

Compliance with the Law.
Certain equipment, software and technical data which may be provided hereunder may be
subject to export and re-export controls under the U.S. Export Administration Regulations
and/or similar regulations of the United States or any other country. Contractor shall be
responsible for complying with all export and re-export laws and regulations, including without
limitation:

(i)

Local license or permit requirements;

(ii)

Export, import and customs laws and regulations, which may apply to certain
equipment, software and technical data provided hereunder; and

(iii)

All applicable foreign corrupt practices acts.

The Contractor, its employees, agents and subcontractors shall also comply with all federal,
state and local laws regarding business permits and licenses that may be required to carry out
the work performed under the Contract. Contractor and Contractor's personnel shall alsq
comply with aJI State and State Entity policies and standards in effect during the performance
of the Contract, including but not limited to the State Entity's policies and standards relating to
personnel conduct, security, safety, confidentiality, and ethics. Further, the provisions of
O.C.GA. Section 45-10-20 et seq. have not and must not be violated under the terms of this
Contract.
GOC Inmate Telephone Service Contract

11

Contractor shall obtain and maintain, and shall cause its subcontractors to obtain and maintain
all approvals, permissions, permits, licenses, and other documentation required to comply with
all applicable laws, rules or regulations. Contractor agrees that any failure by Contractor or
Contractor's employees to comply with any of the obligations of this section may be treated by
the State Entity as a material breach of this Contract by the Contractor.
4.

Drug-free Workplace. The Contractor hereby certifies as follows:

(i)

Contractor will not engage in the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana during the performance of
this Contract; and

(ii)

If Contractor has more than one employee, including Contractor, Contractor shall
provide for such employee(s) a drug-free workplace, in accordance with the Georgia
Drug-free Workplace Act as provided in 0.C.G.A. Section 50-24-1 et seq., throughout
the duration of this Contract; and

(iii)

Contractor will secure from any subcontractor hired to work on any job assigned under
this Contract the following written certification: "As part of the subcontracting
agreement with (Contractor's Name), (Subcontractor's Name) certifies to the contractor
that a drug-free workplace will be provided for the subcontractor's employees during
the performance of this Contract pursuant to paragraph 7 of subsection (b) of Code
Section 50-24-3."

Contractor may be suspended, terminated, or debarred if it is determined that:

(i)

Contractor has made false certification here in above: or

(ii)

Contractor has violated such certification by failure to carry out the requirements of
O.C.G.A. Section 50-24-3(b ).

5.

Amendments. The Contract may be amended in writing from time to time by mutual consent
of the parties. If the contract award exceeds the delegated purchasing authority of the State
Entity, then the State Entity must obtain approval of the amendment from the Department of
Administrative Services (DOAS). All amendments to the Contract must be in writing and fully
· executed by duly authorized representatives of the State Entity and the Contractor.

6.

Third Party Beneficiaries. There are no third-party beneficiaries to the Contract. The
Contract is intended only to benefit the State and the Contractor.

7.

Choice of Law and Forum. The laws of the State of Georgia shall govern and determine all
matters arising out of or in connection with this Contract without regard to the choice of law
provisions of State law. In the event any proceeding of a quasi-judicial or judicial nature is
commenced in connection with this Contract, such proceeding shall solely be brought in a
court or other forum of competent jurisdiction within Fulton County, Georgia. This provision
shall not be construed as waiving any immunity to suit or liability, including without limitation
sovereign immunity, which may be available to the State.

7.

Assignment and Delegation. The Contract may not be assigned, transferred or conveyed in
whole or in part without the prior written consent of the State Entity, such consent will not be
unreasonably withheld or unduly delayed. For the purpose of construing this clause, a transfer
of a controlling interest in the Contractor shall be considered an assignment.

GOC Inmate Telephone Service Contract

12

8.

Use of Third Parties. Except as may be expressly agreed to in writing by the State Entity,
Contractor shall not subcontract, assign, delegate or otherwise permit anyone other than
Contractor or Contractor's personnel to perform any of Contractor's. obligations under this
Contract or any of the work subsequently assigned under this Contract. Contractor expressly
understands and agrees that it assumes and is soley responsible for all legal and financial
responsibilities related to the execution of a subcontract. No subcontract which Contractor
enters into with respect to performance of obligations or work assigned under the Contract
shall in any way relieve Contractor of any responsibility, obligation or liability under this
Contract and for the acts and omissions of all subcontractors, agents, and employees. All
restrictions, obligations and responsibilities of the Contractor under the Contract shall also
apply to the subcontractors. Any contract with a subcontractor must also preserve the rights of
the State Entity. The State Entity shall have the right to request the removal of a
subcontractor from the Contract for good cause. Contractor will not subcontract any work
involving (a) visits to the State Entity's premises or (b) substantial contact with State Entity
personnel and State Entity's data without prior authorization from State Entity. Notification of
a contemplated change in subcontractors must be submitted to State Entity for approval 60
days in advance of subcontractor change-out.
Contractor acknowledges and agrees that State Entity may use certain third-party vendors for
purposes of performing some of State Entity's internal business processes. State Entity may
aUow its third-party vendors to access and use the software subject to the terms and
conditions of this Contract solely for State Entity's internal business processing services.
Any subcontracts for the Services described herein shall include appropriate provisions and
contractual obligations to ensure the successful fulfillment of all contractual obligations agreed
to by Contractor and the State Entity and to ensure that the State Entity is indemnified, saved,
and held harmless from and against any and all claims of damage, loss, and cost (including
attorney fees) of any kind related to a subcontractor in those matters described in the
Contract.

9.

Contractor's Personnel and Staffing. Contractor warrants that all persons assigned to
perform the Services under this Contract are either lawful employees of Contractor or lawful
employees of a Subcontractor authorized by the State Entity. All of Contractor or any
subcontractor's personnel shall comply with the confidentiality requirements of the Contract
and the security requirements of the applicable State Entity while on state property. In the
event that any of Contractor or subcontractor's personnel do not comply with such
confidentiality and security requirements, the State Entity may have the personnel removed
from the premises.
All persons assigned to perform the Services under this Contract shall be qualified to perform
such Services. Personnel assigned by Contractor shall have all professional licenses required
to perform the Services. If the State Entity believes that the performance or conduct of any
person employed or retained by Contractor to perform any Services hereunder is
unsatisfactory for any reason or is not in compliance with the provisions of this Contract, the
State Entity shall notify Contractor in writing and Contractor shall promptly address the
performance or conduct of such person, or, at the State Entity's request, immediately replace
such person with another person acceptable to the State Entity and with sufficient knowledge
and expertise to perform the Services in accordance with this Contract.
Contractor warrants that an adequate number of appropriately qualified personnel will be
employed and available to provide the Services in accordance with the schedule and general
maintenance requirements set forth in Attachment 2 - GDC Scope of Services, Section 17
Customer Ser\tice.

GDC Inmate Telephone Service Contract

13

10.

Integration. The Contract represents the entire agreement between the parties and shall
follow the Order of Preference as identified above. The parties shall not rely on any
representation that may have been made which is not included in the Contract.

11.

Headings or Captions. The paragraph headings or captions used in the Contract are for
identification purposes only and do not limit or construe the contents of the paragraphs.

12.

Joint and Several Liability. If the Contractor is a joint entity, consisting of more than one
individual, partnership, corporation or other business organization, all such entities shall be
jointly and severally liable for carrying out the activities and obligations of the Contract, and for
any defau It of activities and obligations.

13.

Supersedes Former Contracts or Agreements. Unless otherwise specified in the Contract,
this Contract supersedes all prior contracts or agreements between the State Entity and the
Contractor for the Services provided in connection with the Contract.

14.

Waiver.
Except as specifically provided for in a waiver signed by duly authorized
representatives of the State Entity and the Contractor, failure by either party at any time to
require performance by the other party or to cJaim a breach of any provision of the Contract
shall not be construed as affecting any subsequent rig ht to require performance or to claim a
breach.

15.

Notice. Any and all notices, designations, consents, offers, acceptances or any other
communication provided for herein shall be given in writing by registered or certified mail,
return receipt requested, by receipted hand delivery, by overnight express, courier or other
similar and reliable carrier which shall be addressed to the person who signed the Contract on
behalf of the party at the address identified in the State Entity Standard Contract Form. Each
such notice shall be deemed to have been provided:

(i)

At the time it is actually received; or,

(ii)

Within one (1) day in the case of overnight hand delivery, courier or services such as
Federal Express with guaranteed next day delivery; or,

(iii)

Within five (5) days after it is deposited in the U.S. Mail in the case of registered U.S.
Mail. .

From time to time, the parties may change the name and address of the persons designated to
receive notice. Such change of the designated person shall be in writing to the other party and
as provided herein.
16.

Cumulative Rights. The various rights, powers, options, elections and remedies of any party
provided in the Contract shall be construed as cumulative and not one of them is exclusive of
the others or exclusive of any rights, remedies or priorities allowed either party by law.

17.

Severability. If any provision of the Contract is determined by a court of competent
jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or
enforceability of any other part or provision of the Contract.

18. Time is of the Essence. Time is of the essence with respect to the performance of the terms
of the Contract. Contractor shall ensure that all personnel providing Services to the State
Entity are responsive to the State Entity's requirements and requests in all respects.

GDC Inmate Telephone Service Contract

14

19.

Successors in Interest. All the terms, provisions, and conditions of the Contract shall be
binding upon and inure to the benefit of the parties hereto and their respective successors,
assigns and legal representatives.

20.

Record Retention and Access.
The Contractor shall maintain books, records and
documents in accordance with generally accepted accounting principles and procedures and
which sufficiently and properly document and calculate all charges billed to the State
throughout the term of the Contract for a period of at least five (5) years following the date of
final payment or completion of any required audit, whichever is later. Records to be
maintained include both financial records and service records. The Contractor shall permit the
Auditor of the State of Georgia or any authorized representative of the State, and where
federaJ funds are involved, the Comptroller General of the United States, or any other
authorized representative of the United States government, to access and examine, audit,
excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically
stored and created records or other records of the Contractor relating to orders, invoices or
payments or any other documentation or materials pertaining to the Contract, wherever such
records may be located during normal business hours. The Contractor shall not impose a
charge for audit or examination of the Contractor's books and records. If an audit discloses
incorrect billings or improprieties, the State reserves the right to charge the Contractor for the
cost of the audit and appropriate reimbursement. Evidence of criminaJ conduct will be turned
over to the proper authorities.

21.

Solicitation. The Contractor warrants that no person or selling agency (except bona fide
employees or selling agents maintained for the purpose of securing business) has been
employed or retained to solicit and secure the Contract upon an agreement or understanding
for commission, percentage, brokerage or contingency.

22.

PubJic Records. The laws of the State of Georgia, including the Georgia Open Records Act,
as provided in O.C.G.A. Section 50-18-70 et seq. and the Purchasing Act O.C.G.A. so-s..50 et
seq., require procurement records and other records to be made public unless otherwise
provided by law.

23.

Debarred, Suspended, and Ineligible Status. Contractor certifies that the Contractor and/or
any of its subcontractors have not been debarred, suspended, or declared ineligible by any
agency of the State of Georgia or as defined in the Federal Acquisition Regulation (FAR) 48
C.F.R. Ch.1 Subpart 9.4. Contractor will immediately notify the State Entity if Contractor is
debarred by the State or placed on the Consolidated List of Debarred, Suspended, and
Ineligible Contractors by a federal entity.

24.

Use of Name or Intellectual Property. Contractor agrees it will not use the name or any
intellectual property, including but not limited to, State trademarks or logos in any manner,
including commercial advertising or as a business reference, without the expressed prior
written consent of the State.

25.

Taxes. Contractor shall be responsible for taxes.
imposed on Contractor.

State Entity will not reimburse taxes

The State Entity is exempt from Federal Excise Taxes, and no payment will be made for any
taxes levied on Contractor's employee·s wages. The State Entity is exempt from State and
Local Sales and Use Taxes on the services. Tax Exemption Certificates will be furnished
upon request. Contractor or an authorized subcontractor has provided the State Entity with a
sworn verification regarding the filing of unemployment taxes or persons assigned by
Contractor to perform Services required in this Contract, which verification is incorporated
herein by reference.
GDC Inmate Telephone Service Contract

15

26.

Certification Regarding Sales and Use Tax. By executing the Contract the cdntractor
certifies it is either (a) registered with the State Department of Revenue, collects, and remits
State sales and use taxes as required by Georgia law, including Chapter B of Title 48 of the
O.C.G.A.; or (b) not a 11retailer11 as defined in O.C.G.A. Section 48-8-2. The Contractor also
acknowledges that the State may declare the Contract void if the above certification is false.
The Contractor also understands that fraudulent certification may result in the State Entity or
its representative filing for damages for breach of Contract.

27.

Delay or Impossibility of Performance. Neither party shall be in default under the Contract
if performance is delayed or made impossible by an act of God. In each such case, the delay
or impossibility must be beyond the control and without the fault or negligence of the
Contractor. If delay results from a subcontractor's conduct, negligence or failure to perform,
the Contractor shall not be excused from compliance with the terms and obligations of the
Contract.

28.

Limitation of Contractor's Liability to the State. In no event shaJI either party be liable
hereunder for loss of profits, loss of goodwill, consequential or punitive damages of any kind
regardless of the form or theory of any claim and irrespective of whether such party has been
advised of the possibility of such damages.
No limitation of Contractor's liability shall apply to Contractor's liability for loss or damage to
State equipment or other property while such equipment or other property is in the sole care,
custody, and control of Contractor's personnel. Nothing in this section shall limit or affect
Contractor's liability arising from claims brought by any third party.

29. Liquidated Damages. The Contractor's failure to complete work tasks both correctly and on
time will result in substantial injury to the State Entity, but the amount of damages resulting
from such injury cannot be calculated with certainty. Each such .failure to complete a work
task both correctly and on time is hereafter referred to as a default. Defaults shall be deemed
corrected on the date that the work task has been correctly completed. For each default, the
Contractor shall be liable to the State Entity for liquidated damages and not as a penalty, as
follows:

(i)

(ii)

(iii)

Any fees and/or charges implemented without the State Entity's express written
consent shall incur a liquidated damage per day of Two Hundred Seventy-Five Dollars
($275.00). The liquidated damage per day shall be effective from the date Contractor
is notified by the State Entity of the implementation of the unapproved additional fees
and/or charges through the date Contractor discontinues the unapproved additional
fees and/or charges.
Any changes to the monthly collect call threshold must first be approved by the State
Entity; unauthorized changes shall be subject to a daily liquidated damage of Five
Hundred Twenty-Five Dollars ($525.00) from the day the unauthorized change was
implemented through the day the change is resolved by Contractor as approved by the
State Entity.
Revenue Share payments, traffic detail reports, billing files, CDRs and/or reports not
containing the required fields, received by the State Entity after the date specified in
Attachment 2 - GDC Scope of Services, Section 22 Payment and Reporting, are
subject to late charges and/or interest. Contractor must pay GDC interest on the
overdue Revenue Share at a rate of eighteen percent (18%) per annum. Interest will
be calculated as follows:
(Revenue Share Payment or MMG) x (18%) = X
X I 365 (366 for leap years) = Y
Y x (Number of Days Payment is Late)= Interest Owed

GDC Inmate Telephone Service Contract

16

Late charges for reporting shall be a fee of Five Hundred Twenty-Five Dollars
{$525.00) per month for each report not received by the due date specified or for each
report that does not contain all of the fields and information as identified in Attachment
2 - GDC Scope of Services, Section 22 Payment and Reporting. ff the commission
payment is late, reporting is late and/or reports do not contain all required fields, late
charges and/or interest for all three shall apply.
(iv)
Due to Contractor's action(s), if any portion of the installation is not completed within
the timeframe allowed in the mutuaUy agreed upon implementation plan, Contractor
may incur liquidated damages in the amount of Two Hundred Dollars ($200.00) per
incomplete Facility per day for each day beyond the installation date in the agreed
upon implementation plan. In no event will natural disasters or acts of God cause
Contractor to incur liquidated damages.
(v) . If the installation of additional telephones is not completed within thirty (30) days or as
otherwise specified by the State Entity,, Contractor may incur liquidated damages in the
amount of One Hundred Twenty-Five Dollars ($125.00) per uninstaJled telephone for
each day beyond the thirty (30)-day installation date until the installation is complete.
However, Contractor shall not incur liquidated damages if the cause of the delay is
beyond the Contractor's reasonable control.
(vi)
Contractor shall pay the State Entity liquidated damages in the amount of Five
Hundred Dollars ($500.00) per each instance wherein the State Entity suffers one or
more lost, unrecoverable or un-useable recording(s). The State Entity agrees to notify
Contractor of such instances and provide up to seven (7) days per instance for
Contractor to produce the call recordings. Contractor shall be notified of the total
amount due via written notice from the State Entity.
(vii)
Any deviation from the ITS Upgrade and Performance Process outlined in Attachment
2 - GDC Scope of Services, Section 14, may result in liquidated damages incurred by
Contractor. Such liquidated damages will be equal to One Thousand Dollars
($1,000.00) per occurrence. Contractor shall be notified of the total amount due via
written notice from the State Entity.
(vii}
If any on-site administrator position is vacated and not filled by Contractor within fifteen
{15) days, Contractor shall pay the State Entity Two Thousand Five Hundred Dollars
($2,500.00) for every fifteen (15) day period thereafter that the position remains vacant.
The State Entity, in its sole discretion, may waive the imposition of liquidated damages or a
portion thereof in a given instance. Such waiver, in any instance, shall not constitute a waiver
in any future instance, nor establish any right on behalf of the Contractor to a waiver.
Liquidated damages, as provided above, shall be cumulative and in addition to other remedies
·available to the State Entity under applicable law. Cumulative as used in this section refers to
the legal remedies available to the State Entity. The State Entity can pursue all of its other
legal remedies in addition to the liquidated damages.
30.

Obligations Beyond Contract Term. The Contract shall remain in full force and effect to the
end of the specified term or until terminated or canceled pursuant to the Contract. All
obligations of the Contractor incurred or existing under the Contract as of the date of
expiration, termination or cancellation will survive the termination, expiration or conclusion of
the Contract.

31.

Transition Cooperation and Cooperation with other Contractors. Contractor agrees that
upon termination of this Contract for any reason, it shall provide sufficient efforts and
cooperation to ensure an orderly and efficient transition of services to the State or another
contractor. The Contractor acknowledges that all State Entity data (inclusive of images) is the
property of the State Entity at all times. Based upon termination of this Contract, Contractor

GOC Inmate Telephone Service Contract

17

will deliver within 15 days of receipt of request, electronic files containing all available State
Entity data (inclusive of an images).
Further, in the event that the State has entered into or enters into agreements with other
contractors for additional work related to services rendered under the Contract, Contractor
agrees to cooperate fully with such other contractors. Contractor shall not commit any act,
which will interfere with the performance of work by any other contractor.
Upon termination, Contractor shall follow the transition requirements outlined in Attachment 2
- GDC Scope of Services, Section 5 - Transition.
32.

State Security. State Entity requires that a criminal background investigation be made of any
all Contractor or subcontractor personnel utilized to provide Services to the State Entity.
Contractor represents and warrants that Contractor shall refrain from assigning personnel to
any task under this Contract if· such investigation reveals a disregard for the law or other
background that indicates an unacceptable security risk as determined by the State.

33.

Prison Rape Elimination Act. Contractor agrees to assist the State Entity in complying with
standards articulated under 28 C.F.R. 115, entitled the Prison Rape Elimination Act, by
submitting to a background check and agreeing not to sexually abuse or harass any offenders.
Contractor agrees to undergo training, as the State Entity sees fit, regarding the State Entity's
zero-tolerance policy for sexual abuse and sexuaJ harassment and Contractor agrees to
document that Contractor understands such training. Contractor agrees to inform State Entity
of any knowledge, suspicion, or information regarding the occurrence of sexuaJ abuse or
harassment in any Facility in which the Contractor is present. Contractor agrees to keep all
information about sexual abuse or sexual harassment, other than such information as is
required to report the incident, completely confidential. Contractor acknowledges that failure
to maintain the standards articulated in this paragraph is considered a material breach of this
Contract and is grounds for termination of this Contract.

GDC Inmate Telephone Service Contract

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Attachment 2
GDC Scope of Services
Solicitation Title

Solicitation Number

Inmate Telephone Service

47600-GDC0000669

GDC Inmate Telephone Service Contract

19

STATE OF GEORGIA
DEPARTMENT OF CORRECTIONS
GDC SCOPE OF SERVICES
RFP Attachment BfContract Attachment 2
1.

PURPOSE AND SCOPE INTRODUCTION
1.1.
1.2.

1.3.

1.4.

1.5.

1.6.

1.7.

The purpose of this Scope of Services is to define the tasks, responsibilities and
deliverables of the Contractor and GDC during the term of this Contract.
Contractor shaJI, without cost to GDC, operate inmate telephones and related equipment,
provide all wiring for the inmate telephones, install the inmate telephones and the related
hardware and software, to enable inmates at the Facilities (as identified in Attachment C
- GDC Facility Specifications) to complete, without limitation, local, long distance
and/or international collect, pre-paid, debit and free calls from the Facilities.
Inmate
telephone service scope includes the service, system design, equipment, installation,
reporting software, on-site staff interfaces, training, operation, monitoring, ongoing
repairs and maintenance of the system(s) and its components. Contractor's service will
also provide GOG with effective investigative tools and a method of tracking and
reporting aJI inmate telephone usage.
Contractor shall replace all public pay telephones at GDC's Transition Centers identified
on Attachment C - GDC Facility Specifications with inmate telephones generating
calls through an Inmate Telephone System (ITS).
Contractor shall provide service and support to 65 GDC Facilities that house
approximately 50,090 inmates/offenders generating a monthly average of 195,307 calls
and 2,423,842 total minutes.
Contractor shall refer to the specific details about each Facility, as identified in
Attachment C - GDC Facility Specifications. Facility details include: Facility Name,
Facility Address, Facility Type, Year Constructed, Facility Design Group (Facilities with
similar layouts/design), Sundown Count ("ADP"), Number of Telephones, Phone Time
Availability, and Portable Telephones.
Contractor acknowledges that GDC reserves the right to modify its Facility
Specifications, as identified in Attachment C - GDC Facility Specifications, at its
discretion if a business change or need occurs. The Facility Specifications provided
within the RFP may change up or down throughout the life of the awarded Contract.
Contractor shall be responsible for all costs associated with the ITS, which shall include
but not be limited to, the necessary labor, parts, materials, hardware, software,
transportation, purchase of equipment, wiring, new electrical circuits, cabling, installation,
service, maintenance, network infrastructure, and day-to-day operation to maintain all
proposed telephones in good working order and in compliance with the equipment
manufacturer's specifications.

GDC Inmate Telephone Service Contract

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2.

NONREIMBURSEMENT OF ADDITIONAL COSTS
GDC will not pay the Contractor any lump sum or other start-up expenses for services, nor for
any expenses incurred in the preparation of a proposal, even though the Contractor shall be
obligated to begin some aspects of performance immediately after Contract award and before
full in-service/cutover. GDC will not pay the Contractor any lump sum or other expenses for ITS
operations, maintenance, repair, upgrade, configuration, marketing, and other steady-state
services. GDC will not pay the Contractor any lump sum or other expenses for suspending or
stopping services provided to GDC or termination costs at the time the Contractor ceases to
provide service under this Contract.

3.

IMPLEMENTATION, INSTALLATION SERVICES AND WIRING
3.1. . Prior to initiating work, Contractor shall submit a detailed implementation plan to GDC,
which shall include an installation schedule, for each of the Facilities. Phase one of the
implementation plan shall be defined as the completion of the initial installations within
60 days. GOG requires that Contractor's phase one of the implementation plan include
the completion of the initial installations to its Facilities in the following order: state
prisons (including any private facilities), detention facilities, and treatment facilities.
3.2.
GDC shall deem the start date for the 60-day period of phase one and the initial
installations be the date no more than 10 business days after the date GDC approves
Contractor's implementation plan following the Contract execution date.
The
impJementation plan, as approved by GDC, including installation schedules for all
Facilities, wilJ become a part of the Contract and must be followed.
3.3.
Phase two of the implementation plan shall be defined as replacing all public pay
telephones with Contractor's ITS at the transition centers, and shaJI be completed within
90 days of the Contract execution date.
3.4.
Contractor's implementation plan shall also include regionalized installations to ensure
an efficient and timely installation schedule.
3.5.
Contractor shalf be allowed to include the installation at transition centers during phase
one of their implementation plan; however, such installations shall not prevent Contractor
to meet GDC's objectives to have phase one installations completed within 60 day as
detailed above.
3.6.
Installation of all telephones and related equipment shall be accomplished during normal
business hours at the Facilities or as otheiwise specified by GDC. Installation of the ITS
shall occur between the hours of 6:00 am and 4:00 pm ET Monday through Thursday, or
as specified by each Facility. Contractor shall utilize Fridays for ITS testing and/or
training of GDC staff.
3.7.
Contractor acknowledges that the ITS will be deployed in Facilities within a
custodial/secured environment: therefore, certain security and operational requirements
are enforced. Facility access and rules associated with working in a GDC correctional
Facility are described in Attachment E- GDC Standard Operating Procedures.
3.8.
Contractor shall clean-up and remove all trash and packaging materials resulting from
work performed. Unless otherwise specified by GDC, no equipment, inventory or spare
parts shall be stored by Contractor at the Facilities.
3.9.
Contractor shall correct any damage to GDC's property caused by maintenance or
. installation associated with the ITS, including repairs to walls, ceilings, etc.
3.10. Contractor shall install/mount its equipment in accordance with GDC's requirements.
3.11. Contractor shall work with GDC to address any environmental conditions identified in a
GDC Facility phone room. Contractor's implementation plan should account for any

GDC Inmate Telephone Service Contract

21

3.12.

3.13.

3.14.

3.15.

3.16.

3.17.

3.18.

3.19.

changes that need to be made based upon its implementation site surveys.
Furthermore, any phone room changes required by Contractor will be performed at
Contractor's expense.
Contractor agrees to obtain GDC's written approval before making any physical changes
to the Facilities, such as drilling into walls, floors, ceilings or any other portion of the
Facilities. This includes existing, newly constructed and/or expanded Facilities.
Contractor, at its own risk, may use existing ITS conduit, raceways, cable, wiring,
switches and terminals within the Facilities. If during the term of the subsequent
Contract, any existing wiring needs to be repaired or replaced, Contractor shall repair
and/or replace such wiring at no cost to GDC. Exposed wiring is not permitted. The use
of external conduit shall be approved by GDC with each installation.
Contractor is hereby advised of existing wiring concerns identified for the following
Facilities:
• Central State Prison - current wiring/cabling is outdated and not well protected in
some areas, including voice cable (GDC and ITS cabling) laying on the roof.
• Rogers State Prison - current wiring/cabling between the buildings includes splices
placed very close to the floor, nearly on top of the conduit The spfices were made
with scotch locks which are not resistant to dampness and may need replacement.
• Whitworth Women's Detention Center - current wiring/cabling from the main
telephone room in Administration to the B unit is nearly full with several open pairs.
• Georgia Diagnostic and Classification Prison - current wiring/cabling for the Special
Management Unit building shall be replaced due to the inmates having the capability
to join the same call and communicate with one another.
Additional wiring issues may exist but are unknown to GDC at this time. Contractor is
advised, per Section 3.13 above of the Scope of Services, that use of existing cable,
wiring and etc. is at Contractor's own risk.
Contractor agrees that if any cabling work is required as part of any installation, all new
cables shall be used and marked clearly and legibly at both ends, and meet all
applicable Electronic Industries Alliance/Telecommunications Industry Alliance (11 EINTIA11
) wiring standards for commercial buildings and must be approved by the Facilities'
maintenance personnel.
Contractor shall install, repair and maintain all Contractor-provided equipment and Jines,
including but not limited to, any wiring or cable work required from the demarcation
throughout the Facilities. All Contractor-provided equipment, installation, maintenance,
repair costs and all costs or losses due to vandalism shall be the total responsibility of
Contractor.
Contractor shall provide written documentation indicating that all circuits have been
tested and all cables, pairs, fiber strands, blocks, etc. are legibly marked after the
completion of each installation.
·
Contractor shall provide, install, maintain, replace and upgrade adequate surge and
lightning protection on all equipment used for the ITS.

GDC Inmate Telephone Service Contract

22

4.

INMATE TELEPHONE EQUIPMENT
4.1.

4.2.

4 .3.

4 .4.

4.5.

4.6.

4.7.

4.8.

4.9.

4.10.
4.11.

AJI telephone equipment provided shall be fully operational at the time of the completion
of each phase of the implementation plan and upon installation at each of the Facilities.
Contractor shall install the telephones and ITS equipment and software in accordance
with the manufacturer's specifications, including pedestals and enclosures as requested
by GDC.
The telephone sets provided by Contractor shall be new mini inmate telephones, suitable
for a correctional environment, stainless steel, sturdy, non-coin, and vandal and tamper
resistant with recessed screws. The telephone cord length for the inmate telephones
shall be 24 inches. GDC may require a different length cord at its discretion, and on an
as needed basis.
Contractor shall provide carts, dollies or other portable mechanisms ("portable
telephones"), as identified on Attachment C - GDC Facility Specifications, to allow
ease of transporting the mini inmate telephones between multiple floors. Contractor
shall accommodate special roll-around cart requests as required by GDC to address the
needs of a specific GDC Facility throughout the term of the Contract.
Contractor shall also provide portable mini inmate telephones as requested by GDC or
each of the Facilities to include flat cords for the handsets that are sturdy and tamper
resistant for a correctional environment to fit through the cell door flaps and allow the cell
door flaps to close. Such flat cords for the handsets shall be 36 inches in length to allow
for the portable mini inmate telephone to remain outside of the cell and the handset to be
passed to the inmate but still allow the cell door flaps to close.
Placards containing dialing instructions in both English and Spanish shall be placed on
each telephone and shall be replaced each time an inmate telephone set is replaced.
The telephones must not contain any exterior removable parts.
Contractor shall post calling rates near each inmate telephone or group of inmate
telephones. Calling rate flyers and/or additional inmate telephone related information
shall be provided by Contractor upon GDC's request and at no cost.
At no cost to GDC, Contractor shaJI install additional telephones, monitoring and
recording equipment as needed, within 30 days of request. This includes existing, newly
constructed or expanded Facilities.
All telephone equipment shall be powered by the telephone line, not require an additional
power source and shall have an Uninterruptible Power Supply ("UP$") back-up power.
A separate power supply shall not be required. A power source will be available at the
demarcation location.
Contractor shall provide the UPS back-up power source to ensure there is no loss of
recordings or real time call data in the event of a power failure.
Upon completion of the initial installation and any ongoing installations, Contractor shall
provide GDC with a list of telephone numbers, equipment specifications and locations of
each device/unit.

GDC Inmate Telephone Service Contract

23

5.

TRANSITION
5.1.

5.2.

5.3.

6.

For the initial installation, Contractor shall work with GDC and the incumbent inmate
telephone service provider to ensure an orderly transition of services, responsibilities and
continuity of the services required by GDC. Including working directly with the incumbent
inmate telephone service provider to obtain current inmate teJephone system information
to populate the new inmate telephone system to ensure continuity of data.
Upon expiration, termination, or cancellation of the Contract, Contractor shall accept the
direction of GDC to ensure inmate telephone services are smoothly transitioned. At a
minimum, the following shall apply:
• Contractor acknowledges that the Call DetaiJ Records ("CDRs"), call recordings,
GOG-specific documentation, reports, data, etc., contained in the ITS are the
property of GDC.
GDC acknowledges the ITS hardware and software are the
property of Contractor.
• At no cost to GDC, Contractor shall supply 1 workstation at each of the Facilities
which shall become the property of GDC after expiration, cancellation or termination
of the Contract to aJlow GDC access to all CDRs, call recordings, documentation,
reports. data, etc. contained in the ITS.
• Contractor shall discontinue providing service or accepting new assignments under
the terms of the Contract, on the date specified by GDC.
Contractor agrees to
continue providing all services in accordance with the terms and conditions,
requirements and specifications of the Contract for a period not to exceed 90
calendar days after the expiration, termination or cancellation date of the Contract.
Revenue Share will be due and payable by Contractor to GDC per the RFP Revenue
Share worksheet until collect, debit and/or pre-paid calls are no longer handled by
Contractor.
Ownership of any wiring or conduit installed under the subsequent Contract by
Contractor becomes GDC's property upon termination and/or expiration of the Contract.
Contractor will also transfer ownership of all carts, pedestals, enclosures and installed
cut-off switches to GDC at the end of the Contract. Contractor agrees to remove its
equipment at the conclusion of the Contract in a manner that will allow the reuse of
wiring/cabling associated with the ITS.

ITS AND USER APPLICATION SPECIFICATIONS
6.1.

6.2.
6.3.

6.4.

The ITS shall be capable of providing all operational features and system requirements
applicable to all calls placed through the system, including collect, pre-paid, debit, local,
long distance, and international calling.
The ITS shall be configured to process all or any combination of the following bill types,
without limitation: collect, free, pre-paid collect, debit and/or speed dial.
Contractor agrees to install the quantity of telephones, pedestals, enclosures, booths,
etc. required by GDC as outlined in Attachment C - GDC Facility Specifications.
GDC reserves the right to modify Attachment C - GDC Facility Specifications at its
discretion if a business change or need occurs. The specifications provided within the
RFP may change up or down throughout the life of the awarded Contract.
Contractor shall. provide a sufficient number of ports, channels, etc. to ensure inmates
are allowed to place calls 99.9% of the time. GDC reserves the right to require
Contractor to revise its configuration ratio should the configuration installed by Contractor

GDC Inmate Telephone Service Contract

24

6.5.

6.6.

6.7.

6.8.

6.9.

6.10.

6.11.

6.12.
6.13.

6.14.

6.15.

6.16.

6.17.

result in inmate complaints for busy signals or unavailable prompts. Such configuration
changes shall be completed by Contractor at no cost to GDC.
The reception quality shall meet telecommunication industry standards and shall be at
least equal to the quality available to the general public. All telephones installed must
include volume control. Contractor shall accept GDC's reasonable decision regarding
whether the reception quality is acceptable.
Call acceptance by the called party shall be accomplished for all calls through Dual-Tone
11
Multi-Frequency f'DTMF11 ) confirmation ( positive acceptance"). Voice recognition is not
an acceptable method for positive acceptance.
The ITS shall be capable of recognizing and distinguishing standard or irregular busy
signals, standard or irregular ringing signals, answering machines, digital voicemail,
cellular telephones, ring-back tones, and chain dialing.
The ITS shal~ be configured to monitor the switch hook on the telephone sets. If the
switch hook is pushed down or moved from its idle position, the call must be
disconnected immediately and the call prompts must come on to prevent fraud or
unauthorized calling. Contractor assumes all responsibility for fraud or unauthorized
dialing occurring as a result of the ITS failing to meet this requirement.
With each call, the ITS must provide an automated message to advise the called party
that:
• Call is coming from a correctional facility
• Call is coming from a specific inmate
• Call may be monitored and recorded
With each call, the ITS shall clearly identify the type of call being placed to the called
party: collect, free, etc. This recording must be free of any charges.
The inmate may record a name only once (with the first call attempted); the recorded
name will be stored in the ITS and shall be played back with all subsequent call
attempts. GDC requires no more than 2 seconds be allowed for the inmate to record a
name; this setting shall be configurable in the ITS.
The ITS shall process calls on a selective bilingual basis: English and Spanish. The
inmate must be able to select the preferred language at the time the call is initiated.
For calls that are not completed, the ITS shall play a recorded message to the inmate
detailing why the call was not completed. GDC reserves the right to request Contractor
to modify/revise the recordings at any time during the Contract at no cost to GDC and
within 30 days of the request.
Following the dialing sequence, Contractor will configure the ITS for one of the following
options as determined by GDC:
• Allow inmates to remain muted while still being able to hear the call progress (ex:
ringing on the line, voicemail pick.. up, etc.)
• Place the inmate on-hold and not permit the inmate to hear the call progress.
In no event shall the inmate be allowed to communicate with the called party until the call
is positively accepted.
The ITS shall be able to program a specific speed dial code to selected telephone
numbers as determined by GDC and at no cost to GDC and without the assistance of
Contractor.
The ITS shall be capable of processing and completing international collect calls, should
GDC choose to implement at its sole discretion.

GDC Inmate Telephone Service Contract

25

6.18.
6.19.
6.20.
6.21.
6.22.

6.23.
6.24.
6.25.

The ITS reverse look-up feature shall display the verified billing name and address for
the called party.
The ITS shall provide an indicator if the dialed number is associated with a cellular
telephone.
Contractor shaJI have the capability to allow called parties under the same cellular
telephone famiJy/shared plan to set-up a single pre-paid collect account with Contractor.
The ITS user application shall allow GDC to query the CDRs for inmate activities and
calling patterns.
The ITS user application shall allow, at a minimum, the following search criteria and
filters to be applied to the CDR queries:
• Inmate Name (First, last)
11
• Inmate Personal Identification Number (11 PIN )
• Inmate ID
• Date Range (Start Dateffime and End Date/Time);
• Facility
• Called Number
• Station Name
• CalJType
• Bill Type
• Duration (minimum and maximum)
• Call Amount
• Flagged Calls
• Monitored Calls
• Completion Type
• Termination Type
• Phone Group(s)
• Other data fields that Contractor can provide
The ITS user application shall provide CDR custom search and inquiry capabilities.
The ITS user application shall allow CDR query results to be exported in a format
selected by GDC (.csv, PDF, Microsoft Excel 2003 or greater, etc.)
The ITS user application shall be equipped, at a minimum, to generate the following
standard reports in addition to the CDRs search criteria:
• Call Statistics by Date Range
• Frequently Called Numbers
• Frequently Used PIN
• Commonly Called Number
• Call Detail Report
• Gross Revenue Report by Date Range
• Facility Totals and Statistics
• Called Party/Number Accepting Report
• FraudNelocity Report
• Total Calls
• Calling List (PAN) Report
• Common PAN Numbers
• Debit Usage Report
• Debit Balance and Funding Report
• Bill and Call Type Distribution
• Phone Usage
• Reverse look-Up

GDC Inmate Telephone Service Contract

26

•
6.26.

6.27.
6.28.

6.29.

6.30.

6.31.
6.32.

7.

User Audit Trail

• Voice Verification
Contractors ITS user application shall allow GDC to export the reports in a format
selected by GDC {.csv, PDF, Microsoft Excel 2003 or greater, etc.). The ITS shall have
the capability to customize reports in a form mutually agreed upon by GDC and
Contractor.
The ITS shall have the capability to customize reports in a format mutually agreed upon
by GDC and Contractor.
Contractor's ITS user application shall at a minimum allow:
• Creation, modification and deactivation of user accounts
• Creation, modification and deactivation of inmate accounts
• Creation and modification of telephone numbers in the ITS including free telephone
numbers without the assistance of Contractor
• Assign~ent of inmates or an inmate type to an inmate telephone or a group of inmate
telephones
• Locating and accessing a specific recording by utilizing a unique recording/call
identifier
• Block/unblock telephone numbers without the assistance of Contractor
• Configure an alert that will detect a can made to a restricted number, a call using a
restricted PIN, or a call made from a restricted telephone
• Capability to generate user activity logs
Contractor shall provide GDC with the capability to search and query end-user pre-paid
account information for investigative purposes to the extent Contractor is legally allowed
to provide certain information. GDC shall also be capable of validating account holder
status, number of pre-paid deposits and associated amounts, generating reports
identifying, at a minimum, associated telephone numbers, method of paymen·t, inmates
from which calls are accepted, the number of completed calls with an associated date
and time, any pre-paid funding fees and other applied charges and taxes.
Contractor shall ensure continuous diagnostics and supervision for call processing and
call recording. Contractor shall be capable of performing remote diagnostics to the ITS
to determine if a problem exists with the telephone. port, channel, network, etc.
Contractor shall perform remote diagnostics at least once a day.
Contractor's
troubleshooting processes shall include failure reports, alarms, service history and other
steps taken.
The ITS must offer the called party an option to receive a rate quote during the call
acceptance process.
Contractor shall be able to establish an informant line at no cost to GDC. Calls to the
informant line shall be free and shall be routed via the ITS to a destination designated by
GDC. Contractor shall accept GDC's direction for how the informant line is configured
through the ITS.

PERSONAL IDENTIFICATION NUMBER APPLICATION
7.1.

The PIN application shall work with the ITS allowing inmates to use PINs to complete
calls via the ITS and include all of the following features and functionalities:
• Capability to provide collect, pre-paid and debit, free and speed dial calling utilizing a
PIN

GDC Inmate Telephone Service Contract

27

•

Capability to interface with the Facility's Jail Management System ("JMS").
Contractor shall work with GDC s Office of Information and Technology ("OIT to
develop all required interfaces at no cost to GDC
• Capability of accommodating any of the following options for how PINs are received
and/or generated by the ITS:
JMS generates and sends to the ITS an inmate ID. The ITS stores the inmate
ID and generates an additional unique identifier to be added to the inmate ID.
- The combination of the inmate ID and the additional unique indenter shall be
the PIN.
- JMS generates and sends to the ITS an inmate ID along with additional
inmate data.
- The ITS stores the inmate ID and utilizes the additional inmate data to create
the complete PIN.
- JMS generates and sends to the ITS inmate IDs. The ITS will add a leading
zero to the inmate ID and it will be the PIN.
- JMS generates and sends the complete PIN to the ITS. The ITS stores the
complete PIN.
- ITS, without an interface with the JMS, auto-generates the complete PIN.
- ITS accepts a manually entered PIN.
ITS shall accommodate GDC's current PIN configuration. GDC currently utilizes a 10digit PIN comprised of a 9-digit inmate ID and a leading zero.
The ITS shall be capable of accepting a bulk data import of existing PIN, Personal
Allowed Number ("PAW) and other ITS database information from the incumbent
Contractor.
Once a PIN has been activated in the ITS, the ITS shall have the capability to allow calls
to be placed from the inmate telephones at all of the GDC Facilities or a designated
Facility or group of inmate telephones located at a Facility.
The ITS shall be capable of documenting the date/time when an individual PIN was
added or modified in the ITS and the user making the change.
The ITS shall have the capability to store a list of PANs associated with each PIN.
PANs shall aJlow a set quantity of approved telephone numbers for each PIN.
The quantity of approved telephone numbers within a PAN shall be configurable. GDC
currently allows 20 approved telephone numbers on an inmate's PAN list which may be
updated every 6 months.
ITS shall be capable of storing the following information (at a minimum) for each
telephone number on the PAN: telephone number, called party name, address and
relationship to inmate.
1

7.2.
7 .3.

7.4.

7.5.
7.6.
7.7.
7.8.

7.9.

8.

1
)

MONITORING AND RECORDING REQUIREMENTS
8.1.

8.2.

The ITS shall be capable of monitoring and recording all inmate calls from any telephone
within the Facilities unless there are restrictions that prohibit the recording and
monitoring of certain calls such as attorney-client privilege. The ITS shall be able to
exclude restricted or privileged calls and clearly designate non-recorded calls within the
ITS user application.
The ITS shall allow designated users at the Facilities to play back a recorded call or a
call in progress (e.g. live monitoring) via the ITS user application.

GDC Inmate Telephone Service Contract

28

8.3.

The ITS shall be capable of recording cans in a manner allowing designated users to
isolate the inmate or the called party sid~ of the recording for playback.
8.4.
The ITS shall provide simultaneous playback and continuous recording of calls.
8.5.
Live monitoring shall allow GDC to viewt at a minimumt the following information in
chronological order.
• Call Start Time
• Facility
• Phone Location Name
• Inmate Name
• Inmate PIN
• Called Number
• Called Cityt State
• Call Type
• Bill Type
• Call Status
• Duration
• Voice Verification
8.6.
The ITS shall be capable of providing user activity logs and limiting user access based
upon a user listing with approval by GDC.
8.7.
All CDRs, including all attempted and completed calls, and call recordings shall be
stored online for a minimum period of 2 years and stored offiine for a minimum period of
2 years following the expiration of the subsequent Contract.
8.8.
Contractor shall be responsible for supplying all storage media (CDs/DVDs, flash drives,
etc.) at no cost to GDC throughout the life of the Contract and any renewal terms.
8.9.
Contractor shall provide GDC with 1 workstation at each of the Facilities, working realtime with the ITS, for such monitoring, recording and reporting. The workstations shall
each include a CD/DVD burner, flat screen monitor, speakers (built in or external),
mouse, keyboard, data/audio burning software, laser printer and a licensed copy of
Microsoft Office (or equivalent).
8.10. In addition to Contractor-provided workstations, and at the request of GDC, Contractor
shall provide remote access to the ITS at no cost to GDC to unlimited users. The
provision of remote access shall allow GDC the same features and functionalities,
permitted by the user's level of access, available on a Contractor-provided workstation.
8.11. Contractor shall provide a mechanism and/or router, at no cost to GDC, so each
Contractor-provided workstation or remote access computer can connect to the ITS to
perform daily activities such as debit entries, monitor live calls, listen to recorded calls,
etc. without leaving the Facilities Local Area Network ("LAN") or without residing on
GDC's network. Contractor shall adhere to the following Georgia Technology Authority
policy and standards applicable to securing network connectivity :
• PS-08-030.01 Network Security - Information Flow
• SS-08-047.01 Network Security- Boundary Protection
• SS-08-048.01 Network Access and Session Controls
• SS-08-049.01 Web and E-commerce Security (Standard)
• SS-08-026.01 Change Control Standard
8.12. For the term of the subsequent Contract, GDC shall have access to all CDRs from all
workstations and remote access computers, based on the user's access level.
GDC Inmate Telephone Service Contract

29

8.13.

8.14.
8.15.
8.16.
8.17.

9.

The ITS shall be capable of providing alerts for certain calling events and keywords and,
at a minimum, allow designa~ed users to receive or be forwarded a live call to a specified
destination.
Contractor shall have the capability of requiring a PIN for accessing a live call.
The ITS user application shall transfer/copy/export recordings with no Joss in quality and
shall be capable of placing an audio and visual date/time stamp with the recording.
The ITS shall be capable of emailing and copying recorded calls onto a CD/DVD or other
storage medium in audio or MP3/data format with tamper free capabilities.
Contractor shall provide Contractor's personnel to testify in court relative to the tamperfree capabilities of the ITS exporting/copying call recordings and related reports, at no
cost to GDC.

DEBIT APPLICATION
9.1.
9.2.
9.3.
9.4.

9.5.
9.6.

The debit application shall allow for pre-payment to a specific inmate's account.
The debit application shall allow international calls.
The ITS shall provide the inmate with the balance of the debit account at the time of the
call.
The ITS shall be capable of interfacing with the current commissary provider for ease of
transferring money from the inmate's trust fund/commissary account to the ITS debit
account as well as refunding any unused funds to the trust fund account upon the
inmate's release. Contractor must work with GDC's Office of Information and Technology
(OIT) to develop all required interfaces at no cost to GDC.
The ITS shall have the capability of limiting the total debit purchases to $100.00 per
inmate per week.
Contractor shall supply, at GDC's request, signage, brochures, flyers regarding the ITS
and/or Contractor's debit programs at no cost to GDC.

10. ADA COMPLIANCE
10.1.

The ITS shall comply with the Americans with Disabilities Act ("ADA") requirements
including, but not limited to, providing telephones which are accessible to persons in
wheelchairs and providing devices that are compatible with Telephone Devices for the
Deaf ("TDD").
10.2. Contractor shall provide at a minimum 1 TDD telephone identified in Attachment C GDC Facility Specifications. GDC reserves the right to modify the specifications found
in the above mentioned attachment at its discretion if a business change or need occurs.
The specifications provided within the RFP may change up or down through out the life of
the awarded Contract.
10.3. Contractor's proposed TDD telephone shall have the capability to work on any inmate
telephone within the Facilities.

11. SECURITY FEATURES
11.1.

The ITS shall prohibit:
• Direct~dialed calls of any type
• Access to a live operator for any type of calls
• Access to "411" information services

GDC Inmate Telephone Service Contract

30

11.2.
11.3.

11.4.

11.5.
11.6.

11.7.

11.8.
11.9.
11.10.

• Access to 800, 866, 888, 877, 900, 911, and any other 800 or 900 type services
• Access to muJtiple long distance carriers via 950, 800 and 10 10-XXX numbers.
The ITS shall prevent call collision or conference calJing among telephone stations.
The ITS shall be able to shut down and/or disable an individual telephone or telephone
group(s) quickly and selectively without affecting other telephones or telephone group(s).
GDC must be able to shut down the ITS via a workstation, the ITS user application and
at several locations including, but not limited to the locations listed below.
Cutoff
switches will be required in the master phone room at each Facility.
• At demarcation location
• Central control
• By select housing units
The ITS shall not accept any incoming calls. Contractor shaJI work with the LocaJ
Exchange Carriers (LECs) to ensure such control.
Contractor shall display its customer service telephone number on the called party's
caner ID each time a call from each of the Facilities is placed.
Upon detection of such, the ITS shall have a fraud prevention feature that can interject
pre-recorded announcements, at any time during the conversation, informing the parties
that the call is from a correctional facility, extra digits were identified, the parties have
been silent, etc.
The ITS, upon detection of all three-way calls, forwarded caJls, conference calls, etc..
shall be able to flag the call immediately. If so required by GDC, the ITS shall have the
capability to also terminate the detected three-way call.
The ITS shall allow the called party to block their telephone number during the call
acceptance process.
As specified by GOC, the ITS shall have the capability to allow calls to specific numbers
at specified times during the day.
The ITS shall be capable of limiting the length of a call, providing service at specified
times of the day and allowing a maximum number of minutes or seconds per inmate, per
month. The current call time limit is 15 minutes for all calls and telephone availability for
each of the Facilities is specified in Attachment C - GDC Facility Specifications. GDC
reserves the right to modify the specifications found in the above mentioned attachment
at its discretion if a business change or need occurs. The specifications provided within
the RFP may change up or down throughout the fife _of the awarded Contract.

12. VOICE BIOMETRICS
12.1.
12.2.

12.3.

GDC requires Contractor's ITS to include voice biometric technology. Such voice
biometric technology shall include initial voice verification only.
Voice biometrics must be an integrated part of the ITS and must include analytical tools
and reporting.
GDC will not be a "beta test site" for unproven technology.

GDC Inmate Telephone Service Contract

31

13. PRISON RAPE ELIMINATION ACT
13.1.

13.2.

13.3.

13.4.
13.5.
13.6.
13.7.
13.8.

Contractor agrees to assist GDC in complying with standards articulated under 28 C.F.R.
115, entitled the Prison Rape Elimination Act (PREA) of 2003, by submitting to a
background check and agreeing not to sexually abuse or harass any inmates/offenders.
Contractor agrees to undergo training, as GDC sees fit, regarding the GDC's zerotolerance policy for sexual abuse and sexual harassment and Contractor agrees to
document that Contractor understands such training.
Contractor agrees to inform GDC of any knowledge, suspicion, or information regarding
the occurrence of sexual abuse or harassment in any Facility in which the Contractor is
present.
Contractor agrees to keep all information about sexual abuse or sexual harassment,
other than such information as is required to report the incident, completely confidential.
Contractor shall implement a reporting line which complies with the PREA and all
subsequently issued PREA mandates.
Contractor shall route free calls via the ITS to a destination provided and designated by
GDC which may o.r may not be the same as that used for the GDC informant line.
At no cost to GDC, provide a telephone line to GDC dedicated for PREA calls to which
the calls will be routed as free.
Contractor shall provide the capability to allow these calls to be placed anonymously by
the inmates.

14. ITS UPGRADES AND PERFORMANCE PROCESS
14.1.

Contractor shall provide GDC with written notice, including detailed information, of any
new ITS software upgrades or features, within 30 days of the introduction of the new
software or features into the industry.
14.2. Contractor shall adhere to the following performance process identified herein when
upgrading the ITS, software, equipment, or performing any changes to the ITS at the
Facilities.
14.3. Contractor shall perform extensive testing on all system changes or upgrades prior to
introducing them to GDC. At a minimum, this shall include the following:
• Extensive testing on a system identical to the ITS at the Facilities
• Circuit testing
• Configuration/setting preservation testing
• lnterface testing
• Call processing
• International calling
• Debit calling
14.4. Contractor shall receive written permission from GDC 1 before scheduling or proceeding
with any functionality changes to the ITS at the Facilities, especially if the changes will
cause an interruption in service.
14.5. Contractor shall provide GDC with written details regarding any change to voice prompts
or dialing procedures.
14.6. Contractor shall provide sufficient notice (a minimum of four (4} weeks) to GDC regarding
any ITS changes that affect the inmates.
14.7. Contractor shall work with the Facilities to schedule changes and/or upgrades during a
time when the telephones are not being used regularly by the inmates. Contractor shall
GDC Inmate Telephone Service Contract

32

coordinate a convenient time and day with GDC to implement the changes or upgrades
to the ITS to avoid an interruption in service.
14.8. Contractor shall coordinate the presence of an on-site administrator or technician at the
Facilities on the day of implementation to place test calls and ensure the ITS is
functioning properly, as well as provide training for all Facility staff as deemed necessary
byGDC.
14.9. Contractor acknowledges that all such changes related to ITS upgrades and
performance processes as identified in Section 14 of the Scope of Services shall be
made by Contractor at no cost to GDC.

15. VOICEMAIL MESSAGING
15.1.

15.2.

15.3.

15.4.

15.5.
15.6.
15.7.
15.8.
15.9.

15.10.

The ITS shall provide, at no cost to GDC, voic~mail messaging to inmates via the ITS to
allow for Facility staff and/or Contractor the capability to respond to inmate telephone
issue requests.
The ITS shall provide, at no cost to GDC, voicemail messaging. The voicemail
messaging shall be a password protected, one-way communication feature allowing endusers to leave a secure voicemail message for inmates. Each voicemaif message shall
have a maximum duration of 30 seconds and shall be recorded, stored and accessible
via the ITS.
The ITS shall have the capability to only allow end-users whose telephone numbers are
on an inmate's PAN list to leave a voicemail message for an inmate. If an end-user's
telephone number is not on an inmate's PAN list, the end-user shall be prohibited from
leaving a voicemail message for an inmate.
The voicemail messages shall only be accessible by GDC and the inmates via the ITS.
To record a voicemaiJ message, end-users shall contact Contractor to create a pre-paid
account if one does not already exist. End-users shall utilize the pre-paid collect account
for both end-user voicemail messaging and receiving pre-paid collect calls.
End-users will be supplied a toll free number and shall be capable of leaving a voicemail
message for the inmate based on the inmate's name and inmate ID.
The ITS shall have the capability of notifying the inmate of the voicemail message and
allowing the inmate to retrieve the voicemail message by inputting the inmate's PIN.
The transaction fee charged to the end-user for each voice mail message shall be
deducted from the pre-paid collect account.
Upon a mutually executed written amendment to the Contract, GDC may cancel
voicemail messaging any time during the term of the Contract without penalty.
Voicemail messaging payments and transaction reports due to GDC or its Designated
Agent shall be made by Contractor no later than the 20th day of the month following the
month of activity. Revenue Share payments shall be sent via wire transfer and
transaction detail reports shall be sent electronically in an exploitable format to GDC or
its Designated Agent.
Contractor shall provide monthly transaction detail reports which shall include a detailed
breakdown of the voicemail messages activity, including but not limited to, voice
messages:
• Facility Name
• Facility Identification Number
• Revenue Reporting Period Dates

GDC Inmate Telephone Service Contract

33

• Gross Revenue
• Revenue Share Percentage Rate
• Total Commission Amount
• TotaJ Number of Voicemail Messages
15.11. The voicemail message records shall be stored in a minimum of 3 locations to avoid any
possibility of CDRs being lost.
15.12. Revenue Share and reporting discrepancies must be resolved by Contractor, and to
GDC's reasonable satisfaction, within 30 days of receipt of notification of a discrepancy
from GDC and/or its Designated Agent or such discrepancy is subject to late charges, as
described in Attachment N - GDC Contract, Section 2 of this RFP and/or termination
of the Contract at the sole discretion of GDC, and/or any legal course of action GDC
elects to pursue.

16. FULL-TIME ON-SITE ADMINISTRATORS
16.1.

At no cost to GDC and with the initial installation, Contractor shall provide GDC with a
minimum of 4 full-time on-site administrators at the Facilities identified below.
• Arrendale State Prison
• Coastal State Prison
• Georgia Diagnostic and Classification State Prison
• GDC Facility to be identified by GDC during ITS implementation

Contractor acknowledges that the locations of the on-site administrators may need to
change throughout the term of the Contract. GDC will use its best efforts to provide
sufficient notice to Contractor of a change and will work collaboratively with the
Contractor regarding the effective date of the change.
16.2. Contractor is responsible for ensuring the on-site administrator is on-site from B:OOam ..
4:30pm {ET), Monday - Friday, totaling 40 hours a week and has a fully configured
workstation, email account and access to Microsoft Office (or equivalent).
16.3. The on-site administrator shall perform, at a minimum, the duties and responsibilities
fisted below:
• Maintain all databases associated with the ITS;
• Enter all PINs, PANs, blocked numbers and any other new inmate calling information
in the ITS;
• Update all inmate PAN lists according to the schedule set forth by GDC and within 5
days of the submitted requests;
• Research and respond to inmate requests within 5 days of the submitted requests;
• Receive and resolve all administrative requests, comments and questions;
• Upon GDC's request, provide the necessary documentation and assistance for
investigations;
• Upon GDC's request, provide monthly activity and maintenance reports for all calls,
including but not limited to, collect, pre-paid and/or debit calls;
• Provide a weekly report, which at a minimum shall include a list of all requests,
service tickets and issues and the status of each; and
• Any additional ITS related activities specified by GDC.
16.4. In addition to the 4 full-time on-site administrators required herein, Contractor shall also
provide remote/off-site administrator assistance for GDC to complete the responsibilities
GDC Inmate Telephone Service Contract

34

identified herein (i.e. PINs, PAN entries/updates, etc.) for all Facilities listed on
Attachment C - GDC Facility Specifications of this RFP, throughout the term of the
Contract and any extension(s).

17. CUSTOMER SERVICE
17.1.

Contractor shall have established, uniform customer care policies and procedures for
handling called party/customer service matters.
·
17 .2. Contractor shall provide and keep current, throughout the initial term and all renewals of
the Contract, the names, years of service, qualifications, addresses and telephone
number(s) for the Contractor's main point(s) of contact for the Facilities.
17.3. The addresses and telephone numbers for each of Contractor's communication methods
shall be published on all billings, customer solicitations, Contractor's customer facing
website, and customer correspondence.

This section intentionally left blank.

GDC Inmate Telephone Service Contract

35

17.4.

Contractor shall provide issue/support resolution according to the severity definitions and
response time requirements as detailed below:

'

Severity Levels and Issue Resolution Response Requirements
Contractor shall respond to all Repair Requests within 2 hours of the subm itted Repa ir Request
acknowledging receipt and to notify GDC that Contractor has begun to identify the issue and is working
toward resolution. If Contractor is unable to resolve the Repair Request remotely, Contractor shall have a
qualified technician on-site within 4 hours of the time the initial Repair Request was submitted.
A Repair Request shall include, but not limited to, service requests, non-worki ng or damaged equipment,
software and user application issues, interfaces, telephone outages, ITS failures, etc.
GDC shall indicate the Severity Level of the Repa ir Request when submitting all Repair Requests to
Contractor. Contractor shall notify GDC of the progress and/or delays until the Repair Requests are
resolved to GDC's satisfaction. Contractor sha ll notify GDC any time a technician will be dispatched to the
Facilities and prior to the technician 's arrival.

~~~erit
f y:Level

Level 1

Level 2

Level 3

·,

. ''.

.

.

Descript,ion

GDC reports a Repair Request identifying a
critical system issue and/or affecting greater
than 50% of the inmate telephones. Including
but not limited to, software and user
application, interfaces, inmate telephones that
are having problems comp leting telephones
calls, or telephone outages at one or more
Facilities.
GDC reports a Repair Request identifying a
major issue or affecting greater than 25% but
less than 50% of the inmate telephones.
Including but not limited to, software and user
application, interfaces, inmate telephones that
are having problems completing telephones
calls, or telephone outages at one or more
Facilities.
GDC reports a Repair Request identifying a
controllable system issue and/or affecting
greater than 5% but less than 25% of the
inmate telephones. Including but not limited
to, software and user application, interfaces,
inmate telephones that are having problems
completing telephones calls or telephone
outages at one or more Facilitie s.

GDC Inmate Telephone Service Contract

36

Initial
Response
Time

Onsite
Response
Time

Resolution Time

1 Hou r

4 Hours

12 Hours

2 Hours

4 Hours

24 Hours

2 Hours

4 Hours

36 Ho urs

GDC reports a Repair Request identifying a
non-critical system issue and/or affecting 5%
4 Hours or
or less of the inmate telephones. Including but
as mutually
48 Hours or as
Level 4 not limited to, software and user application,
2 Hours
agreed
mutually agreed
interfaces, inmate telephones that are having
upon by
upon by GDC
problems completing telephones calls or
GDC
minimal telephone outages at a single Facility.
17.5. Contractor shall provide GDC a Trouble Ticket System for the purposes of submitting
and tracking all Repair Requests.
17 .6. Contractor's Trouble Ticket System services shalJ include the capability to allow GDC to
create, view, and track status of all service tickets associated with the ITS or Facilities.
17 .7. Contractor's Trouble Ticket System shall have real-time access to all of the information
in the system via a private web portal.
17 .8. Contractor shall provide the necessary labor, parts, materials, and transportation to
maintain all telephones in good working order and in compliance with the equipment
manufacturer's specifications throughout the life of the Contract. No charge shall be
made to GDC for maintenance of the ITS.
17.9. Contractor shall respond to all repair requests from GDC by arriving at the Facility
promptly after reasonable notice has been given on a 24-hours a day, 7-days a week,
365-days a year basis.
17.10. Repairs or replacement of non-working or damaged equipment or software shall be
started by a qualified technician, as identified above in Section 17.4 of the Scope of
Services following notification of a service request or ITS failure.
Contractor must
exhibit to GDC a best effort approach to the completion of the repairs or replacement
during the first 24 hours following notification of a problem. GDC shall be notified of
progress and/or delays in progress until the problems are resolved. Contractor shall
notify GDC any time a technician will be dispatched to the Facilities and prior to the
technician's arrival.
17 .11. Each party shall report to the other party any misuse, destruction, damage, vandalism,
etc. to the ITS. Contractor will assume liability for any and all such damages.
17.12. All operation, maintenance and repair issues regarding the ITS service shall be reported
by Contractor to GDC or its Designated Agent promptly.

18. TRAINING
18.1.
18.2.

18.3.

Contractor shall provide training to all of GDC's existing and new staff at no cost to GDC.
Contractor's training shall include, but not limited to, the following:
• Contractor shart conduct training sessions via the internet/web.
• Initial user training shall be completed the week prior to the ITS going live.
• Contractor shall provide on-site training to GDC's staff within 24 hours of the ITS
going live.
• All participating GDC staff and Contractor trainers must complete and sign a training
acknowledgement form. The training acknowledgement form will be provided by
GDC.
Contractor shall provide training manuals to GDC's staff at alf training meetings and will
become the property of GDC.

GOC Inmate Telephone Service Contract

37

18.4.
18.5.

Contractor shall also provide full documentation for all of the ITS features and
functionalities.
As requested by GDC. Contractor shall provide informational pamphlets to inmates
describing applicable features and functionalities of the ITS.

19. REVENUE SHARE
19.1.

19.2.

Contractor shall provide GDC with a Revenue Share on all Gross Revenue generated by
and through the proposed ITS on Attachment L - Revenue Share Proposal. Gross
Revenue consists of all compensation. earnings, gain, income, generated revenue,
payment, proceeds or receipts paid to or received by Contractor that are in any way
connected to the provision of service pursuant to this RFP and Contract. Gross Revenue
includes, by way of example and not limitation. all ~he following: all surcharges, per
minute fees and any additional fees and/or charges generated by the completion of all
calls (including any combination of free, collect, debit, and pre-paid local,
Intra lata/lntrasta te, lntralata/lnterstate, lnterfata/lntrastate, lnterlata/lnterstate and
International Calls), additional fees and/or charges added to the total cost of a call or
added to the called party's bill or any other compensation received by Contractor.
Contractor shall provide GDC with a Revenue Share on total Gross Revenue (as defined
above) before any deductions are made for unbillable calls, bad debt, uncollectible calls,
taxes, fraudulent calls, Local Exchange Customer (' LEC") adjustments or any other
Contractor expense.
Any additional fees to be added to the called party's bill or paid by the calling or called
party (including those associated with establishing/funding pre-paid collect accounts) for
inmate telephone calls from the Facilities must be approved by GDC prior to
implementation. GDC and Contractor shall mutually agree on the method for
compensation associated with the additional charges/fees due to GDC.
GDC shall notify Contractor of any unapproved additional fees and/or charges of which
GDC becomes aware of and shall provide Contractor with an invoice for the total fine
due, for which Contractor shall remit payment to GDC within 30 days.
Should GDC and Contractor mutually agree that the charges/fees will remain, GDC and
Contractor shall mutually agree on a method for compensation.
Should GDC and Contractor mutually agree that the charges/fees are to be discontinued,
Contractor shall refund each called party for the unapproved charges/fees from the date
the charges/fees were implemented until the date the charges/fees were discontinued.
1

19.3.

19.4.

19.5.
19.6.

19.7.

Notwithstanding the foregoing, Gross Revenue does not include:
• Pre-Paid Collect Fee. A pre-paid collect fee is defined as fees imposed on called
parties who set up and/or fund a pre-paid collect account with Contractor to accept
calls, directly with Contractor or through a third party/sub-contractor performing the
service. All pre-paid collect fees must be approved by GDC. Contractor shall adhere to
the amount approved by GDC in Attachment D - Calling Rates, Fees and Monthly
Statistics of this RFP.
• Required regulatory charges and taxes that are intended to be paid by the called party
and_ then remitted 100% by the billing party to the appropriate governmental agency.

GDC Inmate Telephone Service Contract

38

11

19.8.

19.9.
19.10.

19.11.

19.12.

19.13.

19.14.

• A Free" call shall be defined as a call not generating any revenue or compensation for
Contractor. Calls to telephone numbers that appear on the free call list supplied by
GDC shall not generate revenue or compensation for Contractor and shall not be
commissionable to GDC. Only those numbers designated by GDC on the free call list
shall be marked as "Free" in the JTS and designated as such in the call detail records.
In the event Contractor receives revenue or compensation, notwithstanding the source,
from any third party related to a completed free can, such revenue shall be included in
Gross Revenue and in the Revenue Share to GDC. GDC reserves the right to enter a
free number in the ITS as deemed appropriate by GDC and without the assistance of
Contractor. Unauthorized free calls completed by Contractor shall be deemed part of
Gross Revenue and included in the Revenue Share to GDC.
• Complimentary calls associated with Contractor's pre~paid collect program are not
included in the Revenue Share. Contractor shall provide no more than one (1)
commentary call with a one (1) minute duration to a unique telephone number every 30
days.
A call is deemed complete, and considered part of Gross Revenue (as described above).
when a connection is made between the inmate and the called party, whether such
connection is established by positive acceptance or by live or automated machine pickup (e.g. when the ITS accepts a tone from an answering machine, voicemail, etc. as
acceptance). The call ·shall be deemed complete and included in the Revenue Share
regardless if Contractor can bill or coHect revenue on the call.
Contractor shall ensure positive acceptance is implemented for all calls placed from the
inmate telephones at the Facilities unless otherwise directed by GDC.
Contractor agrees that it is entirely responsible for calculating, collecting and remitting all
fees and taxes, including sales tax where applicable, on all services and items provided
to the inmates. This includes all taxes as applicable for collect, debit, pre-paid and any
other calls or seivices provided.
Contractor may, upon request from GDC, utilize the on-site commissary provider to
distribute and charge for inmate telephone services, provided there is a written
agreement regarding the form and manner of how the associated taxes are to be
collected and remitted. Contractor is solely responsible for remitting taxes to the
appropriate taxing authority. Contractor's agreement with the commissary provider must
address the requirements set forth in this section.
It is expressly understood that GDC is not responsible in any way, manner or form for
any of Contractor's costs, including but not limited to taxes (including sales tax), shipping
charges, network charges, insurance, interest, penalties, attorney fees, liquidated
damages, licenses, fees, tariffs or other costs related to Contractor's services.
Revenue Share for debit calls shall be based upon total Gross Revenues (as defined
above) generated from debit call usage and is payable under Section 22 - Payment and
Reporting of the Scope of Services.
On the 5th day of the month following the month of traffic, Contractor shall submit a
monthly invoice and corresponding debit purchases report to GDC for the full amount of
the debit purchases for the prior traffic month. Contractor will be responsible for
refunding any unused debit funds to inmates when the inmate requests refund upon their
release from a GDC Facility.

GDC Inmate Telephone Service Contract

39

20. RATE REQUIREMENTS
20.1.

Contractor agrees to provide the required calling rates specified in Attachment L Revenue Share Proposal of this RFP and must be in compliance with Georgia laws and
applicable regulations.
20.2. Before any new calling rate increases or decreases are implemented, Contractor must
submit a written request to receive approval from GDC. GDC will respond in writing to
Contractor's request.
20.3. If Contractor decreases the calling rates without the written approval of GDC, Contractor
shall be responsible for the Revenue Share on the Gross Revenue calculated by
applying the calling rates prior to the unapproved change.
20.4. If Contractor increases the calling rates without the express written approval of GDC,
Contractor shall be responsible for the Revenue Share on the Gross Revenue calculated
by applying the increased rates. Contractor must also issue refunds to all overcharged
called parties or inmates within 5 business days; a list of the issued credits must be
provided to GDC as documentation. GDC will not issue a refund of the Revenue Share
paid to Contractor for unapproved rate increases. If Contractor is unable to issue refunds
and/or provide the required documentation, Contractor shall issue a payment to GDC as
concession. The payment amount shall be in the amount of Contractor's portion of the
Gross Revenue generated from the overbilled calls.
20.5. Contractor shall calculate the raw duration of each inmate telephone call in seconds
based on the time the call is positively accepted and the time the call is terminated by the
ITS. For calls where the duration is at least 10 seconds, the duration, in seconds, shall
be rounded up to the next whole minute increment and shall be converted from rounded
seconds to minutes before the calling rates are applied.
20.6. During the call rating process, Contractor shall round the raw calculated call amount to
the nearest hundredth decimal place (up or down) using normal accounting practices.
20.7.

For call rating purposes, mileage calculations shall be completed using airline distance
between serving wire centers associated with the originating and terminating points of a
call ("Mileage Rounding"). The servicing wire centers shall be determined by the area
codes and exchanges of the origination and destination points. The formula for
calculating airline distance is as follows; "V" and "H" coordinates shall be obtained for the
wire centers serving Contractor and the destination point.

'I

:r V1V'_, r --( H1H_' r
\'
20.8.

JO

Should the number resulting from the formula be a fraction, Contractor shall round the
fraction value to the next higher whole number.

21. VALIDATION AND BILLING ARRANGEMENTS
21.1.

Contractor shall perform real-time validation.

GOG Inmate Telephone Service Contract

40

21.2.
21.3.
21.4.
21.5.

21.6.
21.7.
\

21.8.
21.9.

21.10.

21.11.
21.12.

21.13.
21.14.

GDC's Collect Call Threshold shall be a monthly minimum of $75.00 per unique
telephone number.
Contractor shall provide a way for caJled parties to obtain information regarding their prepaid collect account status, current balance and all account activity.
The ITS shall provide the called party with the balance of their pre-paid collect account at
the time of the call.
Contractor shall subscribe to the LEC Line Information Data Base ("LIDB"). Contractor
shall query this database for each collect inmate call and process only those calls which
do not have Billed Number Screening ("BNSn). Contractor must assume all responsibility
for the cost and accuracy of validation.
Contractor will be responsible for correctly billing all collect calls and collecting all
required taxes.
Contractor shall validate all pre-paid collect accounts set up for telephone ~umbers
associated with cell phones.
Contractor shall comply with the required minimum amount (as identified in Attachment
L - Revenue Share Proposal) for a called party to open/fund a pre-paid collect account.
Contractor shall not charge any additional fees to pre-paid collect account holders other
than a pre-paid collect transaction fee approved by GDC and identified in Attachment L Revenue Share in this RFP.
GDC requires that Contractor issue refunds to called parties for any pre-paid collect
funds remaining in any pre-paid collect account upon the called party's request whether
the account is active or inactive. Should a pre-paid collect account be deactivated by
Contractor and the called party requests to re-activate the account and receive calls from
the Facilities, the funds shall be made available to the called party by Contractor. No
fees shall be charged to the called party for refunds or reactivation of funds associated
with a pre-paid collect account. Contractor shall not retain any monies not refunded in
the manner specified and shall treat such monies in accordance with the Georgia's
unclaimed property laws (Official Code of Georgia Annotated Sections 44-12-190
through 44-12-235).
Contractor's minimum amount required on a pre-paid collect account to attempt a call
shall not be greater than the cost for a 1 minute call.
For the purpose of aiding in investigations, Contractor must retain information pertaining
to a called party's pre-paid collect, direct bill, and similar accounts for a period of 2 years
after the expiration/termination of the Contract. The information shall include, but not be
limited to, the called party's billing name, address and telephone number.
The pre-paid collect application shall allow international calls.
Contractor shall provide a direct bill payment option. Successful Contractor shall allow
for the migration of all current direct bill customers with the incumbent Contractor to
ensure they are able to maintain a direct bill account with the new Contract without
interruption.

22. PAYMENT AND REPORTING
22.1.

22.2.

Contractor shall provide monthly Revenue Share payments and traffic detail reports to
GDC, or its Designated Agent, on or before the 20th day of the month following the traffic
month.
GDC requires Revenue Share payments be sent via wire transfer.

GDC Inmate Telephone Service Contract

41

22.3.

Revenue Share payment discrepancies must be resolved by Contractor, and to GDC's
reasonable satisfaction, within 30 days of receipt of discrepancy notification from GDC or
its Designated Agent. If not resolved satisfactorily, the Contract may be terminated at
the sole discretion of GDC. GDC further retains the right to pursue any other legal
remedies it deems necessary.
22.4. GDC requires the traffic detail reports be sent electronically in an exploitable format.
22.5. Traffic detail reports shall include a detailed breakdown of all traffic, including but not
limited to, all collect, pre-paid and debit calls down to the inmate level and for each
inmate telephone at the Facilities.
22.6. Contractor shall provide a traffic detail report of all calls, minutes, and revenue broken
down by bill type (i.e. collect, pre-paid collect, direct billed, debit, etc.). The traffic detail
report shall contain the following fields by call type:
• Customer!Facility Report Header Information:
- Facility Name
- Facility Identification Number/Site Identification Number
- Facility Address (Street, City, State and Zip)
- Automatic Number Identifier, if applicable
- Inmate Telephone Station Identifier
- Inmate Telephone Location Name
Revenue Share Rate
- Traffic Period and Dates
• Local Calls Breakdown Per Inmate Telephone Station
- Total Local Calls
- Total Local Minutes
- Total Local Gross Revenue
• lntralata/lntrastate Calls Breakdown Per Inmate Telephone Station
- Total lntralata/lntrastate Calls
- Total lntralata/lntrastate Minutes
- Total lntralata/lntrastate Gross Revenue
• lntralata/lnterstate Calls Breakdown Per Inmate Telephone Station
- Total lntralata/lnterstate Calls
- Total lntralata/lnterstate Minutes
- Total lntralata/lnterstate Gross Revenue
• lnterlata/lntrastate Calls Breakdown Per Inmate Telephone Station
- Total lnterlata/lntrastate Calls
- Total lnterfata/lntrastate Minutes
- Total fnterlata/lntrastate Gross Revenue
• lnterlata/lnterstate Calls Breakdown Per Inmate Telephone Station:
- Total lnterlata/lntrastate Calls
- Total lnterlata/Jntrastate Minutes
- Total lnterlata/lntrastate Gross Revenue
• International Calls Breakdown Per Inmate Telephone Station
- Total International Calls
- Total International Minutes
- Total International Gross Revenue
• Total Calls Breakdown Per Inmate Telephone Station
- Total Calls
GOC Inmate Telephone Service Contract

42

- Total Minutes
- Total Gross Revenoe
- Total Revenue Share Amount
22.7. Contractor shall provide all reports in the format GDC requests and/or approves.
22.8. Contractor shall meet with GDC and/or its Designated Agent prior to finalizing the report
fields and format.
22.9. Contractor shall provide raw platform CDR~ to GDC or its Designated Agent on a daily.
weekly or monthly basis. If Contract provides the CDRs on a monthly basis, GDC or its
Designated Agent shall receive the CDRs no later than the 20th day oj the month
following the month of traffic. Contractor shall provide the CDRs in a comma delimited
file format.
22.10. The system CDRs shall be stored in a minimum of 3 locations to avoid any possibility of
CDRs being lost.
22.11. The raw CDRs shall contain all calls (both attempted and completed) which originate
from the GDC Facilities for each day and each time of the day for the period said raw
CDRs are requested. The raw CDRs shall contain the unedited data including all fields
and all field content which is legally permitted to be released.
22.12. When requested, Contractor's CDRs shall be accompanied with a complete file map and
complete file legend.
22.13. At a minimum, the raw CDRs shall include the following fields:
• Facility Name
• Facility ID
• From ANI
• To ANI
• Station ID
• Phone Name or Location
• Inmate First and Last Name
• Inmate ID
• PIN
• Pre-Paid Card ID
• Revenue Period
• Call Start (yymmdd; mmss)
• Call End (yymmdd; mmss)
• Duration in Seconds
• Call Type (e.g. local, etc.)
• Bill Type (e.g. free, collect, etc.)
• Cost
• Tax
• Completion Indicator
22.14. Contractor shall provide monthly billing files to GDC or its Designated Agent no later than
the 20th day of the month following the month of traffic
22.15. The billing files, in EMI format, shall contain all fields which are legally permitted to be
released, with the contents of said fields in the exact format and exact content as those
files prepared and submitted for billing to the billing company and ultimately delivered to
the called party.

GDC Inmate Telephone Service Contract

43

22.16. When requested, Contractor's billing files shall be accompanied by a complete file map
and complete field legend.
22.17. The billing files shall include, without limitation, the following fields:
• Record ID
• Facility Name
• Facility ID
• From ANI
• To ANI
• Seconds
• Date (yymmdd)
• Connect Time (hhmmss)
• Billable Time (mmmmss)
• PIN Digits
• Originating City
• Originating State
• Bill City
• Bill State
• Bill Number
• Settlement Code
• Charge Amount
• Rate Period
22.18. Contractor shall provide monthly Miscellaneous Charges/Fees reports billing files to
GDC or its Designated Agent no later than the 20th day of the month following the month
of traffic.
22.19. The Miscellaneous Charges/Fees Report shall contain, without limitation, the following
information for all fees applied to any and all calls from the Facilities:
• Facility ID
• Date
• From ANI I inmate telephone station
• To ANI
• Billed ANI
• Call Type
• Bill Type
• Fee Type
• Fee Amount

23. RECONCILIATION
23.1.

GDC, or its Designated Agent, shall have the right from the Effective Date of the
. subsequent Contract and for a period of 1 year after the termination of the Contract,
upon 10 business day's written notice, to examine and/or reconcile Contractor's
information (records, data, compensation records) pertaining to the requirements set
forth in the Scope of Services and the subsequent Contract
23.2. GDC requires Contractor to maintain accurate, complete and reconcilable records, in
electronic format, detailing the Gross Revenues from which revenue share is
determined. The records shall include all CDRs, EMI billing files, voicemail messaging,
GOC Inmate Telephone Service Contract

44

23.3.
23.4.
23.5.

pre-paid card sales and associated invoices, debit usage reports and associated
invoices and Revenue Share reports during the term of the Contract.
GDC reserves the right to delegate such examination and/or reconciliation of records to
its Designated Agent or another third party of GDC's sole choice.
Failure by Contractor to comply with this full reconciliation rights, provision will be
grounds for termination of the Contract at GDC's sole discretion.
All records related to the requirements set forth in the Scope of Services shaJI be stored
and accessible through the term of the Contract, including any renewal term(s). All
records shall be stored online for a minimum period of 2 years and stored offJine for a
minimum period of 2 years following the expiration of the subsequent Contract.

GDC Inmate Telephone Service Contract

45

Attachment 3
GDC RFP Documents
Solicitation Title
Inmate Telephone Service

Solicitation Number
47600·GDC0000669

The following solicitation documents are incorporated as Attachment 3 of the Contract:

Attachment A - State Entity eRFP
Attachment C - GDC Facility Specifications
Attachment D - Monthly Calling Statistics and Current Calling Rates
Attachment E - GDC Standard Operating Procedures and PREA Acknowledgement Form
Attachment I - Mandatory Response Worksheet
Attachment J - Mandatory Scored Response Document
Attachment K - Additional Scored Response Document
Attachment L - Revenue Share Proposal
Attachment M - Reference Form
Attachment P - Surety Bond Template
Attachment R - 12 Months Calling Statistics (May 2014 -April 2015)
RFP Addendum #01
Questions and Answers Document Round 1
Questions and Answers Document Round 2

GDC Inmate Telephone Service Contract

46

Attachment 4
Contractor's Response Documents
Solicitation Title

Inmate Telephone Service

Solicitation Number
47600-GDC0000669

The following solicitation documents are incorporated as Attachment 4 of the Contract:
Securus Mandatory Response Worksheet
Securus M12 Response - Company Description
Securus M13 Response - Financial Report
Securus M14 Response - Litigation Summary
Securus M15 Response - Contract Penalties
Securus M16 Response·- State of Georgia Tariffs
Securus Mandatory Scored Response Document
Securus Reference Check Submittal
Securus Additional Scored Response
Securus Supporting Appendices
Securus Revenue Share Proposal
GDC's Request for Clarification and Securus's Response
Securus Response to Revenue Share Best and Final Offer (BAFO)

GDC Inmate Telephone Service Contract

47