Prison Phone Justice

City Tt!le-Coin Company, Inc.

4501 Marlena Street, Bossler City, LA 71111
-~--- --800 . 68~.mo7 I www.citytelecoi~~----·---- _ _

CORRECTIONAL COMMUNICATIONS SERVICES AGREEMENT

Made on this, the ~~ay of

~V\t:c

, 2018, by and between these parties:

City Tele-Coin Company, Inc. (hereinafter referred to as "CTC"), and
Union County Sheriffs Office (hereinafter referred to as "UNION")
WHEREAS, UNION has requested CTC to perfonn the services hereinafter described and CTC has
agreed to perfom1 such services, subject to the terms and conditions hereinafter set out:

NOW IN CONSIDERATION of the payment of fees provided hereinafter and other terms and
conditions hereinafter set out, UNION and CTC hereby agree:

(A) THE WORK
UNION agrees that it is the manager of the locations listed directly hereunder in Section A. l locations, and that said locations require inmate telephone, video visitation and messaging
communication services, and that said communications services are to include all local, interLA TA,
intraLATA, and interstate telephone and video services. CTC shall install, service, and maintain
inmate telephone, video visitation and messaging services using methods consistent with sound,
generally recognized practices ordinarily associated with the type of work to be performed. CTC
will be responsible for any and all local, long distance, and equipment charges. CTC shall remit to
UNION its portion of the revenues as set out herein below.
(1)

LOCATIONS
(a)

Union County Jail
250 American Road
El Dorado, Arkansas 71730

-- JUJv1AP..:nEH

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'2017 - Correctional Communications Services Agreement

------ Original Pog [) -1-

City T<elc-Coin Company, Inc.
4501 Marlena Street, Bossier City,\ A 7ll.l:t
_ _ -~~682:!!_707 / ww_w citytelecoin.corn

(B) COMMISSIONS
As to any inmate phone that is located within those lo ati ns listed .in Section A. l whereby s rvi ·e t lhat ph :uc is
being pr vide<l by CTC successive or cu t-over, r venue shall be deemed commis. io:uable <1nd henccfortb p<1yable
by CTC to UNION commencin~ with the exact point in time in which lhe first billable or prepaid all Im be n
initiated from that phone; moreover, such revenue shall re11rnin commissionnble and payable on imy snch pbon
until service to that phone Lrn ·been reassigned thrnugh contractual rellSs ignment.
(1)

TC shall remit to UNJON 52% (Fifty-Two Pitrce11t) of all Billable Usage Revenue generated throu h
Gross Collect, Prepaid Inmate C11/li11g Crm/.v, mu/ /)irecl P(fy telephone traffic (loc<d, intraLATA,
interLATA, und interstate ori •inating t'rom the fa ility mnnnge{L by UNfON, as listed in S ction A ''The
Work" am.l pro essed by . T " call processing system. TC shall remit to UNlON 35% 011frty··Fi11e
Pere.mt) of all Revenue genera.tc<.I through Remote Video Visilalion via inmate video traffic. Billable
Usag Reve11ue is defined as Qr ss Revenu minus all applicable state, County, ci ty, and/or f lernl taxes.
and all fees applicable by law. CTC will pay all said commi 'Siems on a monthly ba i along wi th a monthly
rep rt of all said monies.

(2) Remilfance a11tl Acceptance - Remittflnce of commissions ·ltall c mme.uce Twenty (2()) Days after
insta llation of quipmc.lrl!. Furthermore, CTC hall remit commis ion payments to UNlON on n monthly
basis on or around the 20 111 day of ach montb. Any objecrion to a co1ru11ission payment shall be brought
lo th · attenti o11 of CTC by way of ·wrillen notice by UNION and hall b · made within 30 clays after
receiving said ommis:;ion payment. Accepla11ce of snid commission pa mcnt shnl! be fina l and bin ling
if no objections arc brought forth within 30 c'lays ath:r receipt U1ereof.

(3) A dverse onditions - At any Lime wl1il e thi contract is in force and effect, should the Arkansas Public
Service Commission, the Loui siana Pnblic Service Conunission, the Federal Communications
ommi ion or any other governmenta l or regulatory agency that has legal uuthorily vcr inmate
telecom munication!:!, change ra tes or impo e restTi 1it ns or otherwise modify any rules or regulations 1111der
which inmate telec mmunicat i ns are currt:ntly pcrntmg, so that : u b chan es, reslri lions, or
modifications ffeet inmnt tel phone hTiflic i11 a way that callscs UNIO ' S gencm1t cl revenue fr m su h
traffi t be adversely arl"cted. then boU1 parties agree to work t gether toward the benefit of each other
and mny renegotiate th terms of this ogre me11t temp )l'arily or Jlcnnanently.
(C) TERMS
The inilial term of th.is agreement shall be for peric d begi1llliug
'ompleted i.n Forfy~Eight (48) Months 011

2018 with l'h initial term
2022. At lhc initia l tem1 complclion dak:, or any
0

subsequent.renewal term mpletion dal , TC <>r UNJON, at its opti u, has the right to rel'usc this contract 1111clcr
Lhe t rms and eondiiioni:: set forth by this contract, by giving certified notice to NJON or CTC. Any cert ified
notice halJ be majled and re e.ived Ni 11cly (IJO) days prior t ·chcduled terminoli n dnt < f thi · contract or
m1bscq 11c ut renewal term Lu the ;iddre:s:s provitlctl her In. This iniriaJ contract, and any renewal thereof shall
continue in force automatico lly fo r additional forty- igh t (48) M nth periods hollld no acti n b Lak n by either
party witl1i11 the ti me frame set out h rein.
ASSIGNMENT
CTC's interest in and to this service agreement may be Lrausforred or assig1 eel, at the discretion of CTC, to any
O.S. ba.ed hanking (lr fin.ancial inslitntion to provid the financial requiremen needed to provide the equipment
and services listed in Lhi agreement, r any the!' financi al entity.
(E) EQUIPMENT
C'IC agrees to provide for UNlO adequate equipment wilh tlte ability to perform m nitoring, rccor ling, and cul
off wi tches. CTC has rhc right, and maintains lhc right to remove or relocate any telepho11 • eqnipment . from any
locatio n which is the su bject of and g verned l y the terms f this agreemen t 1·hat C'l'C, in its · le and ab lute
discretion, determines is not ·c0nomically pr (ilab le. Th~ ri:;111 val or relocation of the equipment shnll not be
und · rt.1lcc11 until UNION is give1J ten 10) days wri tten no11ce of ,TC's mtent l rc.m vc sa id equ ipment. The
removal of equipment under tem1s herein hall in no way reate r con titutc a defoult of the r rm.~ oflhis contrnct.
CTC agrees rhot 11pon removal or relocation ofcquipm tll it wil l restore tbe site where sa id equipment was rcruo n l
from lo its <>rigina l condilkin. This ex.e lude~ ordimny wenr and tear, ai1y c udi1ion .) rcsultlng frnm prior material.
and any condition(s) resulting from ac1io11 f individual lbcr chan employees or agents uf CTC. CT agre t
instti ll and maintain at least the minimum number of coin-less inmale tel ephones as nc dcd at the faci li ty and/or as
many as requested by UNION, subject to indust1y standards.
(D)

City Tele-Coin Company, Inc.
4501 Marlena Street, Bossier City, LA 711 J l

__ __
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(F)

OBLIGATIONS OF UNION

UNION agr es to undertake aml perform lhe r !lowing: (i Protect the equipment from abuse nnd repc rt nny
damage s , service problem "), and/or hazanlous · ndilion(s) to CT ; (ii) Provide nll neces ·ary pow rand space
for proper imtallalion and maintemmc of llie equipment· (iii) Provide safe :ind sc ure acce s to the eq uipment by
ere 11ud its employees ot ag nts a· needed by CTC; (iv) Allow CTC to affix signs lo the equipment, as required
by law. Said sign are lo be furnished by TC, and CJNION will not all w uny other signs eq uipment or
infomiation lo be affixed to the equipment r in the im111 di11(e area uuJcs. mutually agrl;!ed to by bolh purti ; (v
UNION will allow inmate" access tu lhe telephone ond video equipment n minimum of 12 hours p r day, 7 days
per wet:k ex epl during lrnnspol1.
(G) DEFAULT
Jn the event ither party foils to vc1form one f ils obligalion. under Lhis agreement (I) by tle/a11llirig 011 a pc~11111 111
Jue; {ii) b T1011-pe.1jormcm e or by int 1fering with tl1e other party 's pe1:f(mna11ce or afJi!ity lo pr~1jorm: or (Hi
through i11ability to pe1:{or111 their obligation.~ under thi agreem 111 and such default or fa ilure continues for more
than thirty (30) days ufter the 1101i.ciefaulti11g parly s!rnll have given lhe dcfaultilJg party written notice specifying
such default· and d mouding that the default be remedied or, in the case of nny such default which cannot be rem ' died
with thirty (JO) days, if defaulting party fail. to pr ceed promptl y to remedy any such def:mlt receiving ·uch 1101·ice,
(iv) or ifeitl111r party shall mak 1•0/untw ~ l .t ignmem i11 b1111kr11pt ':II or pmpos(l/ to it.1· 1·rediwrs or take any similar
action or if (my hankrupti;y, re01ga11i.zation, prupu~·al inso/Fenc_i1, re ·eive1;~/iip, 1Jr similM {lrnL'eedi11g is instifllfl!d

again ·t ei1!ter party !1erelo or i11volvi11g substanlially all ofits prop rly and, in 1/ie rnse o.f.rnch proce >ding i11s1it11ted
against such par~)' md not co11se11t(!d IO by .w1d1 par~v. such pro,·eeding is 1101 dis ·011lim1ed or dismi.~sed willz thir(11
(30) daysji·om the date o.fits 1.:0111111e11ce111e.11t then the non-defaultrng party may ter111i11ote this Agreement by giving
written noti ct t'he ddaulling party . .Such termination sholl be effectiv lbirly (30) dny after notice is prnvid cl by
the non-defaulting pnrty. No failure of eid1et r1ar1y heret 1·0 enforce any remedy available to il or delay of such_
party shall be cons idered tll prohibit such party from tmforcing any such remedy. Th rights mid remedie · f the
parties hereto contained in lliis Agreement shall n t be exclusive but sl1all be cumulative, in addition to all other
rights and remedi es existing at law or tn equity avnilabl · lo the parties hereto.
(H) GOVERNING LAW
This Agreement and the rights and obligatio11s ofUNJON and ere hereunder shall be subject to and interpreted in
accordance with the law of the State of Arkunsas.
(J)

NOTICES

Notices or otl1er communicatiom; required to be given under this agreement shall be in writing and may be delivered
by courier or prcp~1id eitified mail and addressed as follows:
TO UNION: Union County Sheriffs Office
Attn: Sheriff Ricky Roberts
250 American Road
El Dorado, Arkansas 7 l 730
!PU1
(JiX)

870-864-1970
870-864-1992

TO CTC: City Tele-Coin Company, Inc.

Attn: Jerry Juneau, Sr.
4501 Marlena Street
Bossier Cily, Louisinn:i 7111 [
(Piii

CFX)

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

EQUIPMENT OWNERSHIP
UNION acknow l.etlges nnd agrees that CTC shall remai11 the sole and exclusive owner of all inmate telephone
equipmcnl, from the interfo c to, and i11cluding, the telephone.
(J)

2017 - Cc,rrnctional Comrnuni\:aliow; SerJiC1)s J19reein~lni

City r eie·Coin Company, Inc.
'1501 Marlen<l 5Lrer•l . Bossier City, l A 71111

_!Q_O 682.070:1 j_ ~ww .d tyt ele~o ln .com

(K)

HOLD HARMLESS
(1)
UNION agrees to defond, hold harmless, un.d indemnify CTC from any ;mtl nU damages. of any nature
and kind, caused by UNION, its ~gents, employees, ( r assigns , whether 1he damage be to the p rs 11
or property, and shall include but not be limited to nfTom y fees incurred hy TC in defonsc of a clalm
for damag cause-0 by UNION. Further, specifically, but not limi1 ecl to any and all damages that nr
in any way, shape or form related to th improper or illegal use by any individual, inclmli n b11I
not limited to inmates, of any exposed conduit in ·talle<l by CT whether the damage b to the
pcn;on r properly, inclu li ng bul not limited t alt rn •y's fees in ·urred by CTC in defense of any
su ·11 damag or clai m for any such lamage(s .
(2)
T agrees to tlefond, hold hnnn less nnd indtm1ni-ty UNION from uny Hnd all damages (ra n nature
and kind, caused by CTC, it agents, c111pl yec:: ur assigns whether tlP damnge be to person or
property, and shall include but not b limited lo attorney fee incur d by llNlON in delen. e of claim
for damages caused by CTC.

(L) REPAIR SERVICE
CTC shall provide rea onable response 1ime !Or rc1)airs Monday through F1·iday, 9 a.hi. to 5 p.m. TC shall respond
within 24 hours after r1::ceipt of verba l notic:e or fa simile notice, us set out herein below, except wher it is
imp ssible to restore the ser ice due to ncr beyond the c nl rol of CT such ns riot fire, war, flood, pa11s
um1vailRbility, and strike.
(i)

Verbal Notice .. ...... ..................................................... 318-629-0760

(ii)

Facsimile Notice ....................... .. ..... .. ........................ 318-746-J 214

(iii)

E-M<1il Notice .... .............. ... ..................... .................. support@citytelecoin.com

(iv)

Emergency .................................... .. ..... .. .... ............. .. .318-588-7094 or 318-629-0760

(M) PREPAID CALLING CARDS
Prcpnid ca lling cards will be provided to tht: facility to be used for resale 10 inmates al UNIO ouly. The prepaid
card s pr vided will not be subject to return or refund. Ca lling cards are 1bjccl to any applicable per ch01rge
swdiarg fee together wiLb all fed ral, state. Md local tnxes. All calling cards with be honored beginning wilh their
first ust: or sal . b0tdcl you desire a third party ommissary operator t handle the prepaid calling card purchases
for UN JON, w will work with said commissary opernlor to facilitate the sale of calling cards to you. It is your
obligation to notify TC in writing as to the name the commissary operator you wish tu use for the sale of the
cards to you. Thr.: clrnng to coinmis ury operative will become effective upon our receipt of UNION s notice to
change. The chang' to a commissary 01 crn.tive wi.1.l not affect UNlON's liability for the c ~l of the cards. UN LON
will remnin primarily liable for said cost of purch11se.

r

C'l'C sha lJ invoice UNION for each of lhc orders for calling cards. Al l applicabk sales taxc.o; and olher charg s.
including shipping und handling, wil l be 'in·cl uded in saicl invol c. UNION specificaUy agrees to pay said inv ic
wiLhin tlii.rty 0) days ofrceeipt of rde ·. Should UNTON provide TC with a Soles and Use Tax Resale e.rlifi.t:a.l ·
wherein yo u take responsibility for, and assume lhe sole liahilily Ji r, charging and collecting apphcnblc taxes from
the end users, and for rem.ilting said tuxes to ct1 proper taxin g autli<rily, CTC will not charge Lhe sales taxes on the
purcha e invoice. ubmitted to UNION upon pur hase of the ptepnicl cnlli11g cards.
'hould lh inv ice not be paid within said thirty (30) days, CT hereby reserves, and UNION h reby authorize ,
C'fC l\l charge reasonable int erest Oil any '1illOU!llS past dllC. fw·ther, Sh ti ld thll invoice am Ullt not be paid within
U1e thirt y (30) day peri d, UNION specifica lly authorizes CTC t dcclucl the balance due from any earn d
cornnusi;ion. which UNION may have coming due from CIC. ll is und rsto d that sn le. taxes wi ll bt: charged
unl es. ~' valid reseUcr' certificate is received by CTC prior t the tim of ale.

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

__ _ _
80~.682.0707 / www.d Lytel...:...coin.com

· - - _____ _

(N) EXCLUSIVITY PROVISION
UNION hereby states and affirms that CTC shall, during the terms of this agreement and any rollover term, be the
exclusive sole provider of any and all inmate communications systems, including but not limited to inmate telephone
systems, video visitation systems, messaging, texting, an·aignment systems, and any and all other Apps or systems
which can be provided by CTC by wired or wireless devices.
(0) TECHNOLOGY BONUS
CTC shall provide to UNION as a technology bonus, a TV style Arraignment system, due after contract has been

fully executed.
(P) ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and may be modified or amended only by
written agreement signed by both parties.
(Q) SEVERABILITY
If any term, ent nee, parngrnph or provision of this agreemen t or lhe applica1ion 1'11 rcof, be deemed invalid or
unenfi r cable lh remain ing temls, entences, paragraph ', and provisions shall not be uffocted and shall remain
valid aud enforceable to the maximum extent allowed by law and the terrns of this agreement.

THUS DONE AND SIGNED on this

'f)th.day of r~

Ricky Robc11

'2018.

Mike Loftin
Pri11tN11111e

Print Name

Union County Judge

Sheriff
Title

THUS DONE AND SIGNED on this _ _day of _ _ __ _ _ _ , 2018.

City Tele-Coin Company, Inc.
By:
Signature

Gerald L. Juneau
PrintN,,me

Presidenr &

EO

Title

2017 - Correctional Co1111 11l 111lcalions ServicesAgreemer-it-

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