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INlVIATE COMMUNICATION SERVICES AGREEMENT
TIDS AGREEMENT, dated as of October 15, 2002 by and between Infinity Networks, Inc., a
corporation organized under the laws of the State of Louisiana, with principal offices at 309 East
Mark Street, Marksville, LA 71351, (both hereinafter referred to as "Company") and the West
Baton Rouge Parish Sheriff s Office (hereinafter called "WBRPSO") having principal offices at
850 Eighth Street, Port Allen, LA 70767.
WITNESSETH:
WHEREAS, the Company is engaged in the business of providing telecommunications services
for correctional facilities and
"
WHEREAS, \VBRPSO wishes to contract with the Company for such services at the West Baton
Rouge Parish Sheriff's Office, which facility is currently under the operation and control of
WBRPSO.
NOW, THEREFORE, the parties hereto, in good consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration do agree as follows:
SECTION 1. SCOPE OF AGREEMENT
WBRPSO hereby agrees to contract with the Company the services described herein, and the
Company agrees to provide such services at the time and in the manner, and subject to the terms
and upon conditions, set forth both herein and on Attachment A and B to this contract.
SECTION 2. lVIANAGEMENT SERVICES
(a)
Equipment. The System without cost to the WBRPSO will provide inmate
telephone services consisting of coinless telephones for use by inmates for making collect and
pre-paid calls. WBRPSO shall receive from the Company the Inmate Telephone System. System
shall include call-processing software capable of providing automated collect calling as well as
recording the calls for playback and storage. Title to all equipment shall at all times remain with
the Company.
(b)
Installation. The Company at its own expense shall provide installation of the
Inmate Telephone System as desired by the WBRPSO including but not limited to, all labor,
materials, equipment, permits, licenses, telephone lines, required to supply, install repair,
maintain, etc. the system.
(c)
Management Operation and Service. The Company will provide management,
operation and maintenance of all system equipment and will dispatch technicians to provide onsite service within forty-eight (48) hours of notification ofa service disruption by the WBRPSO.
(d)
Remote Polling.
The Company will poll the inmate telephone system daily
for the purpose of collecting all billable call records and preventative maintenance. When
1
polling reports indicate possible trouble The Company will make the necessary efforts to repair
the problem as quickly as possible.
(e)
Billing and Collection. The Company shall establish, maintain and
provide detailed billing and collection services for WBRPSO for call records originated from the
facility. Company at its expense shall maintain sufficient records to permit determination of
funds due to WBRPSO. Such records shall be made available to WBRPSO at no charge upon
request. Reports shall include total calls, total minutes of use, type call.
(f)
Bad Debt Control.
The Company will work closely with WBRPSO to develop
Controls and procedures to help control the bad debt amounts generated from the facility
forWBRPSO.
II
SECTION 3. PAYMENT TO WBRPSO
The Company will forward monthly payment to WBRPSO on or about the 15th day or
approximately 45 days after the end of the month in question. Such payment shall be 44% of all
billed and collected revenue from the billing agent. The Company will guarantee WBRPSO a
minimum monthly commission of $10,250.00 for each month of the contract term that the
Average Daily Inmate Population is at least 80% of the current inmate capacity of 325 inmates.
Infinity will pay the greater of the % commission earned or the guarantee in each calendar month
that the ADIP criteria are met.
In addition if the Federal Communications Commission, the Louisiana Public Service
Commission, or any other governmental agency with authority or jurisdiction over inmate
telecommunications enters rules, orders or judgments that would substantially impair or reduce
gross revenue generation or allow the Company to process inmate calls as envisioned by this
agreement, then the Company has the immediate option to renegotiate the guarantee. If
WBRPSO and Company cannot agree on an adjusted guarantee schedule then either party can
terminate the agreement on thirty (30) days written notice.
SECTION 4. FURTHER ASSURANCES
During the term of this agreement, including any renewal period(s), WBRPSO agrees to:
1.
2.
3.
4.
5.
Reasonably protect the equipment against willful abuse and promptly report any
damage, service failure or hazardous conditions to the Company.
Provide, at its expense, necessary power and power source, and suitable space
accessible to the user.
Permit reasonable access to the WBRPSO Facility in accordance with WBRPSO
policies, without charge or prejudice to Company employees or representatives.
Inmates will ordinarily have access to telephones a minimum of 12 hours per day.
Inmate telephone call duration will be limited to 15 minutes.
2
SECTION 5. PROTECTION OF CONFIDENTIAL INFORMATION
Each party hereby agrees that it will make no disclosure of the terms and conditions of this
agreement without prior written consent of the other party.
SECTION 6. FORCE MAJEURE
The Company shall not be held liable for any delay or failure in performance ofany part of this
Agreement from any cause beyond its control and without its fault or negligence, such as acts of
God, acts of civil or military authority, government regulations, embargoes, epidemics, war,
terrorists acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods,
strikes, power blackouts, volcanic action, other major environmental disturbances, unusual
severe weather condition., inability to secure products or services of other persons or
transportation facilities, or acts or omissions of transportation common carriers.
SECTION 7. LIMITATION OF LIABILITY
The Company will use due care in processing all work and agrees that it will at it's expense,
correct any errors which are due solely to the malfunction of the Company's computers,
operating systems, or programs or errors or acts of negligence, by the Company employees. The
WBRPSO agrees that the Company has made no additional warranties or representations relied
upon by WBRPSO to accept and execute this agreement. WBRPSO agrees the Company will
not be liable for any lost revenues or service disruptions of other service provider(s) involved in
the public communications network.
SECTION 8. TERLVI OF AGREEMENT
The initial term of this Agreement shall begin on ~~Z~;1: 5', 2002 and continue in full force and
effect for a minimum period of five (5) years from such date unless terminated in accordance
with this agreement and shall automatically renew under the same terms and conditions for a
successive period of one (1) year if notice of termination is not received per Section 9.
(
SECTION 9. TERJ."VIINATION
Either party may terminate this agreement for cause prior to expiration of the initial term if the
alleged breach of the term(s) by the offending party has not been cured within thirty (30) days of
written notice of such breach. Written notice must be sent or received at least sixty days prior to
the initial term expiration as described in Section 13.
..,
.J
SECTION 10. ASSIGNMENT
In the event that the WBRPSO sells the facility covered by this agreement, there shall be no
required consent by the Company to the assignment of this agreement. However, the WBRPSO
will require as a condition of the sale of the facility that the acquiring party sign an assumption
agreement and assignment of this agreement with the Company as a condition of the purchase.
SECTION 11. GOVERNING LAW
The laws of the State of Louisiana will govern this agreement.
SECTION 12. AUDIT
"
WBRPSO will be permitted by the Company to audit, read, review and copy all records
pertaining to this contract upon thirty days written notice as described in Section 13.
SECTION 13. NOTICES·
Notices are to be made in writing and directed to the following:
'rVBRPSO:
West Baton Rouge Parish Sheriff s Office
P.O. Box 129
Port Allen, LA 70767
.
Phone~Jd.5- ·:>lI 3- i b'23 i.j
Fax: ')cd-d-5-·3t;1..f~ lDecl
Infinity Networks, Inc.
Attn: Contracts
309 East Mark Street
Marksville, LA 713 51
Phone: 318-253-5044
Fax: 318-253-6131
IN WITNESS WHEREQ~, the foregoing Agreement has been executed by the parties hereto,
day of Ut.-{-c~
, 200'lQ-this f .51>
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s~ .e. I" ,..,,er
Title
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4
ATTACHMENT A
Additional Services available to WBRPSO by INI under this agreement:
1. INI will provide the WBRPSO with its incoming administrative lines at a discount of
10% offthe current cost from Southern Bell.
2. INI will provide WBRPSO long distance telephone service at the rate of$.06 per
minute for all intrastate and interstate long distance calls.
3. INI will provide the WBRPSO with access to the Internet on a dial up line or a digital
line, if and wheR available,· for interconnection to the Internet at no cost to the
WBRPSO.
4. Infinity Networks will sell prepaid calls to the WBRPSO for resale through the
commissary. The cost to WBRPSO and the recommended selling price are as
follows:
Minutes per Card
33
66
Cost of Card to WBRPSO
$12.00
$24.00
Recommended Sale Price
$25.00
$50.00
5
ATTACHMENT B
The system to be installed at the WBRPSO is composed of two major components, the Comlink
Defender call processor and the Sentry Link/Sentry Voice a specialized application that resides
on a workstation. Sentry Link/Sentry Voice communicates with the Comlink Defender on a
Local Area Network (LAN). It's tools provide the system administrator the ability to block
specific telephone numbers, retrieve and analyze call detail reports, produce custom reports, use
PIN's, establish allowed numbers for each PIN, designate free numbers, view and monitor live
call activity and automatic recording of designated conversations and terminate calls from the
workstation of any conversgtion. Sentry Link/Sentry Voice also provides the alerts based upon
called number or PIN. These alerts will notify the system administrator a call is in progress when
a certain telephone number is dialed or a certain PIN is being used.
•
•
•
•
Fraud Prevention Software
o Our system comes pre-packaged with three-way call detect, voice overlay
messaging (plays an optional message indicating that the called party is
conversing with in inmate from a correctional facility),
o DTMF detection prevents the inmate from dialing additional digits after the call is
connected
o Inmates will have no access to live operators.
o Velocity filters restricts the number oftimes an inmate can dial a specific number
Internet Control System
o Our call processor software allows an individual who is remotely located to dialin to the platform using PcAnywhere. This allows the remote users to terminate
phones just as if they were sitting directly in front ofthe machine.
Uninterrupted Power Supply
o We provide a UPS that will allow for 15 minutes of uninterrupted operation ofthe
equipment in the event of a power failure
Pertinent Security Features
o We will provide the facility three ways to control the on/off operation of the
telephones. The first method involves the installation of manual cut-off switches.
These cut-off switches allow the jail personnel to cut-off all phones or individual
telephones as desired. The second method is on/off programming. Through the
SentryLink workstation the system administrator will be able to program the
telephones to come on and turn off based on day of week and hour of day. The
system will also allow telephones to be grouped to act independent of each other
so you can have different onJofftimes for different telephones. The last method is
through SentryLink Phone View. This gives the system administrator a
"software" option that will disable individual or all telephones with the click of a
mouse.
6
o
o
•
o
CD
o
•
•
Our technology prevents the inmate from communicating or listening while the
call is being attempted. Only after the call has been accepted can the inmate
communicate with the called party.
Positive Response answer detect
o Our solution does not allow calls to answering machines or voicemail systems
because the called party must press a zero to accept the call or the equivalent in a
rotary phone.
Multi-Lingual
o Our system has the ability to offer voice prompts in both Spanish and English
Voice Programming
o The Comlink provides for jail branding and the inmate's recorded name. All calls
will announce to the called party the call is from the (WBRPSO) and the inmate's
name that is a.ttempting the call.
Back Up pfCall recordslNonvolatile RAM
o The Comlink stores the all call records in the call processor using non-volatile
RAM until retrieved. Retrieval occurs everyday 7 days a week by placing a
telephone call from the data center to the call processor. The calls are rated in the
call processor by referencing rate tables store in the call processor. To keep the
calls being billed in a timely fashion, Infinity submits the calls to its billing agent
twice a week. The billing agent forwards the call records to the local telephone
companies for end-user billing. If any problems arise the data center keeps 2
backup copies of original call data for quick correction and re-submission.
Additionally, we backup the call records on a CD.
Training
o After the installation of the equipment one of our technicians will provide training
on how to use the system.
24 hour customer support and Technical SupportlRemote Diagnostics
o Infinity is available 24x7 to meet all the facility needs. When a service is needed
the facility should call the toll-free customer service number. From 8am to Spm
Monday thru Friday CST an Infinity dedicated Customer Service Representative
(CSR) will handle the call. This representative will immediately determine if the
trouble requires remote or on-site service. If remote service is necessary the CSR
will access the system and begin diagnostics and troubleshooting. Once it has
been determined an on-site person is required one of our technicians will be called
with a trouble ticket. Infinity creates trouble tickets for all service matters whether
reported by the facility or determined by a CSR. This allows Infinity to track the
progress of each service incident and resolution. Any trouble ticket older than 48
hours receive the highest priority. It is Infinity's goal to resolve all tickets within
48 hours of reporting.
PIN's
Each inmate can be assigned a personal identification number an allowed
numbers for each PIN, designate free numbers, view live call activity and
terminate from the workstation any conversation. SentryLink also
provides the alerts based upon called number or PIN. These alerts will notify the
system administrator a call is in progress when a certain telephone number is
dialed or a certain PIN is being used.
7
•
Call Monitoring/Recording
o Windows Point and Click operating system
o Recording of calls in automatic or start/stop mode
o All lines recorded simultaneously
o Each individual call has it's own discrete record
o Simply double-click on a call detail record to listen to a recorded conversation
o Monitor a live conversation by clicking on the phone icon associated with the
phone to be monitored
o Tum off recording and monitoring for any destination phone number (i.e.
attorney), group of phones or a PIN
o Recordings are saved in a standard .WAV format for easy exporting
"
8
**********
At this time the Director of AdminIstration Joe Arabie was recognized and reviewed the
letter of recommendation from the Sheriff's Office, and the inmate communication services
agreement with Infinity Networks, Inc.
A motion was made by Mr. Riley Berthelot, Jr., seconded by Mr. Harlan Cashiola
authorizing the Parish President to sign services agreement/contract with Infinity Networks, Inc.
for inmate telephone communication on behalf of the West Baton Rouge Parish Detention Center,
effective October 15,2002, as recommended by the West Baton Rouge Parish Sheriff and
concurrence of Administration.
Roll call vote on the motion was recorded as follows:
YEAS:
9 (Messrs. Washington, Kershaw, LeBlanc, Anderson, Johnson, Berthelot,
Brown, Cashiola, Mrs. Nelson)
NAYS:
o (None)
As a result of the roll call vote the motion was unanimously adopted.
**********
CERTIFICATE
I, Sharon Zito, Council Clerk of the West Baton Rouge Parish Council do hereby certify
that the above and foregoing is true and correct copy of a motion adopted by said body at its
Regular Meeting of September 26, 2002, at which meeting all of the members were present and
voting.
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