This text is machine-read, and may contain errors. Check the original document to verify accuracy.
INMATE TELEPHONE SERVICES AGREEMENT
This Inmate Telephone Services Agreement ("Agreement") is made and entered into as
of the 1st day of December, 2005 (the "Effective Date"), by and between Public
Communications Services, Inc. ("PCS"), and Montana Department of Corrections ("Client'').
RECITALS
A.
PCS is in the business of installing, maintaining, operating and managing inmate
telephone systems and providing related services at correctional facilities; and
B.
Client now desires to engage PCS to render inmate telephone services at Client's
correctional facilities, and PCS is willing to provide such services.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1.
INMATE TELEPHONE EQUIPMENT AND SERVICES
a.
Client hereby grants to PCS the exclusive right during the Term, and any
subsequent renewal term of this Agreement, to install, maintain, operate and manage the inmate
telephone systems, including without limitation pay telephones, enclosures, instruments, lines,
associated wiring, and related hardware and software (the "Equipment"), as identified in Exhibit
A to this Agreement, for and within each correctional facility operated by Client listed on Exhibit
B to this Agreement (individually, a "Facility" and collectively, the "Facilities"), for the purpose
of providing inmate telephone services.
b.
Subject to its tariffs and the terms of this Agreement, PCS agrees to install,
maintain, operate and manage the Equipment for and at each Facility (the "Services'').
2.
COSTS, COMMISSIONS AND CALL RATES
a.
Costs. The costs and expenses of providing the Services, including but not
limited to installation charges, materials and labor costs, shall be PCS's sole responsibility and
shall not be charged to Client, except as otherwise expressly provided for in this Agreement.
b.
Commissions. PCS shall pay to Client commissions in connection with the
telephone usage at each Facility of forty (40) percent on the total gross billable collect and debit
revenue at each Facility, calculated at the rates set forth on Exhibit C to this Agreement. PCS
shall be responsible for maintaining records sufficient to permit the proper determination of
commissions due to Client. PCS shall send a statement to Client setting forth the current
commissions due to Client, and commissions shall be paid monthly. Other than the foregoing
commissions, Client shall not be entitled to receive any other fees or remuneration in connection
with this Agreement or the Services provided by pes.
060103 MontanaITSAvl
1
c.
Call Rates. The collect, debit and prepaid-collect call rates charged at each
Facility shall be in the amounts set forth on Exhibit C to this Agreement.
3.
TERM AND TERMINATION OF AGREEMENT
a.
Term. This Agreement shall be binding as of the Effective Date. The term of the
Agreement shall begin on December 19,2005 and shall continue through January 31,2007 (the
"Term") unless either party provides written notice of termination of the Agreement to the other
party not less than ninety days prior to the end of the Term.
b.
Default. In the event of a material default of a party's obligations under this
Agreement, the non-defaulting party shall promptly provide written notice of the material default
to the other party upon discovery ofthe material default.
i.
The party in default shall then have thirty days after its receipt of the
notice to cure the default unless, prior to the expiration of the thirty-day cure period, the
defaulting party notifies the other party, in writing, that the default is not of a character that
reasonably can be cured within the thirty-day cure period.
If the default is of a character that reasonably. requires more than thirty
ii.
days to cure, the party in default shall notify the other party, in writing, that the default is not of a
character that reasonably can be cured within the thirty-day period, state the cure period, and
describe the character of the default that requires a longer cure period.
111.
If the defaulting party fails to cure the default within the applicable cure
period, then the other party may, within thirty days of expiration of the cure period, terminate
this Agreement as to the Facility for which the party is in default by sending a written notice of
termination of the Agreement as to that Facility. Failure to terminate the Agreement within the
time frame set forth above means that the default shall be deemed cured, and that default cannot
be the basis for termination of the Agreement for the duration of the then-Term or Renewal
Term, as the case may be.
c.
Termination. Upon termination of the Agreement for any reason other than
Client's material default, the Equipment located at each Facility shall be disconnected and
removed by PCS at its sole expense. Upon termination of the Agreement because of Client's
material default, Client shall indemnify PCS for the actual cost to PCS for disconnecting and
removing the Equipment located at each Facility. In either event, Client shall provide safe
access to each Facility for PCS's removal of the Equipment from such Facility, and Client agrees
to cooperate, and not to interfere, with PCS's removal of the Equipment.
4.
SERVICE REQUIREMENTS
a.
Maintenance. PCS shall maintain the Equipment in proper working order. Client
shall promptly notify PCS, orally or in writing, of any problem(s) with the Equipment. Service
calls shall be made by pes to the applicable Facility in accordance with the escalation
procedures set forth in Schedule A to this Agreement.
060103 MontanaITSAvl
2
b.
Installations. PCS shall install the Equipment at locations within each Facility in
consultation with and as agreed to by Client, which consent shall not be unreasonably withheld.
All work perfonned by pes and its subcontractors, including but not limited to site preparation
activities (e.g., cabling, electric wiring, conduit and cementing/paving), station installation and
network and station maintenance, provision and installation of telephone enclosures, mounting
posts and other associated equipment, shall be in accordance with PCS's standard business
practices.
c.
Subcontractors. Client agrees that PCS may use one or more subcontractors to
provide all or any part of the Services. pes shall provide Client with each subcontractor's
operating procedures and guidelines. All subcontractors shall be subject to Client's customary
security procedures.
d.
Management. At no cost to Client, PCS shall provide all management services
for the Equipment, and shall supervise all operations as part of the Services, except that PCS
shall have no responsibility for the management or control of the inmates or Client
representatives who use Equipment.
e.
Relocation and Upgrade. PCS, at its sole expense, may relocate or remove
installed Equipment upon agreement of the parties, because of recurrent vandalism, or because of
insufficient usage of the Equipment by inmates. Client shall not tamper with, disconnect or
move the Equipment from any location without the express written consent of PCS. PCS, at its
sole option and sole expense, may upgrade or replace the Equipment.
5.
CLIENT'S OBLIGATIONS
a.
Restrictions on Use of Telephones. Client acknowledges that the Equipment is
intended for the use of inmates in making outgoing calls and for the recording andlor monitoring
of those calls. Client acknowledges and agrees that it will not utilize the inmate telephone
number(s) to receive incoming calls in the conduct of its business or otherwise.
b.
Condition of Facilities. Client shall provide suitable space for the Equipment at
each Facility that is in compliance with federal and state laws and tariffs. Client, at Client's
expense, shall provide proper lighting, power and power sources, and ventilation (so the
Equipment does not overheat), and shall keep the premises around the Equipment clean and safe.
c.
No Attachments. Client shall not attach or connect any apparatus or appliance to
the Equipment unless such apparatus or appliance is approved by PCS, which approval will not
be unreasonably withheld.
d.
No Other Telephones. Except as expressly provided herein, Client will not allow
other inmate telephones not installed by PCS under this Agreement to either remain or be
installed at the Facilities during the Term, including but not limited to additional inmate
telephones needed as a result of Client's expansion, relocation of a Facility, or opening of a new
Facility.
e.
Vandalism. Client agrees to take reasonable steps to prevent the misuse,
destruction, damage, defacement, or vandalism to Equipment, consistent with its operating
060103 MontanalTSAvl
3
policies and procedures. Client shall report to pcs any misuse, destruction, damage,
defacement, or vandalism to the Equipment at each Facility as soon as practicable after Client
learns of, discovers, or has reason to know about any such event.
f.
Damage to Eguipment.
i.
Client agrees that PCS shall not be liable by reason of any defacement or
damage to a Facility resulting from the presence of the Equipment at a Facility, or by the
installation or removal therefrom, when such defacement or damage is not the result of the sole
negligence or willful misconduct of PCS or its agents. If the Equipment is negligently or
willfully damaged or destroyed by Client, Client's employees or agents, or Client's contractors,
Client shall be responsible for, and shall pay to PCS, the costs of restoring service, and of
. repairing or replacing Equipment, promptly upon Client's receipt of an itemized bill for such
from PCS.
ii.
Client shall not be responsible for the misuse, destruction, damage,
defacement, or vandalism to the Equipment caused by an inmate, except where the inmate's
misuse, destruction, damage, defacement, or vandalism to the Equipment is caused, in whole or
in party, by Client's negligence or willful misconduct. If an inmate causes damage to
Equipment, Client shall promptly and diligently pursue disciplinary action and restitution from
the inmate consistent with Client's policies and procedures. All sums in restitution recovered by
Client shall promptly be remitted in full to PCS.
g.
Interruptions in Service. Client hereby releases pes from any liability to Client
arising from, out of, or on account of any interruption in the telephone network connecting
service to the Equipment, with the exception of interruptions caused by the negligence or willful
misconduct ofPCS.
6.
AUTHORITY TO CONTRACT
a.
Each party represents and warrants to the other party that it has the authority to
enter into this Agreement, thereby creating a contract legally binding upon it, and to authorize
the installation and operation of Equipment at the Facilities. The representative executing this
Agreement on behalf of each party is empowered to do so and thereby binds his, her or its
respective party.
b.
Each party shall defend, release, indemnify and hold the other party, its officers,
directors, assigns, employees, representative, and agents harmless from any and all claims,
damages and actions (including without limitation attorneys' fees and costs) arising out of this
Agreement and caused by said party's lack of authority to enter into this Agreement and create
an Agreement binding on each party.
7.
INSURANCE
At all times during the term of this Agreement, PCS and its subcontractors shall provide
and maintain in effect the following types and amounts of Insurance:
060103 MontanaITSAvl
4
a.
Employers' Liability Insurance: $5,000,000 per occurrence and $1,000,000 per
person.
b.
Commercial General Liability Insurance with Bodily Injury Liability and Property
Damage Liability Combined Single Limit: $5,000,000 per occurrence and $1,000,000 per
person.
c.
Commercial Automobile Liability: Combined Bodily Injury and Property Damage
Single Limit: $5,000,000 combined single limit for each occurrence and $1,000,000 per person.
d.
Workers' Compensation: PCS shall comply with all Workers' Compensation
requirements in each state in which PCS provides Services to Client under this Agreement.
e.
The insurance coverage set forth in Sections 7a. through 7c. may, in PCS's sole
discretion, be provided through primary and excess coverage that, when added together, provide
dollar coverage in the total respective coverage amounts set forth above.
. 8.
INDEMNITY
a.
Except as to rate-related matters, regulatory or otherwise, PCS agrees to protect,
defend, indemnify and hold Client, and any of its officers, directors, agents, contractors and
employees hannless from and against any and all loss, costs (including reasonable attorneys'
fees), damages, liabilities, claims, liens, demands or causes of action of every nature, including
damage to property or injury or death to persons arising directly or indirectly out of PCS's
breach of its obligations under this Agreement.
b.
Client agrees to protect, defend, indemnify and hold PCS, its parent company and
any of their officers, directors, agents, contractors and employees harmless from and against any
and all loss, costs (including reasonable attorney's fees), damages liabilities, claims, liens,
demands or causes of action of every nature, including damage to property or injury or death to
persons arising directly or indirectly out of Client's breach of its obligations under this
Agreement.
9.
COOPERATION
Each party agrees to work in good faith with the other, and to cooperate fully in the
completion of all actions that may be reasonable, convenient, necessary, or desirable to carry out
the provisions of this Agreement, for PCS to provide Services under this Agreement, and for
Client to carry out its obligations under this Agreement. Client hereby grants to PCS the
authority to do all things reasonable, necessary, convenient, or desirable to manage and conduct
the operation of the Equipment, and to provide the Services.
10.
RIGHT OF ACCESS
The Equipment is and shall remain the sole property of PCS. Client agrees that PCS's
agentsand employees shall have the right to enter the Facilities at any reasonable hour for the
purpose of installing, inspecting, maintaining, repairing, moving, or removing the Equipment, or
for the purpose of making collections from coin boxes. Client shall provide a safe working
060103 MontanaITSAvl
5
environment for PCS's agents and employees during such visits. Whenever PCS ceases to
provide Equipment or Services at any Facility, Client shall provide safe access to such Facility
for PCS's removal of Equipment from such Facility, and Client agrees to cooperate, and not to
interfere, with PCS's removal of the Equipment. Client shall not require waivers or releases of
any personal rights from employees or agents of PCS in connection with such visits to the
Facilities.
11.
REGULATORY CHANGES
a.
This Agreement is subject to the applicable provisions of PCS's tariff(s). to
federal and state laws, rules, and regulations relating to inmate telephone services, and to
regulatory or other governmental orders, rules, regulations or approvals as may apply from time
to time (collectively, the "Laws"). The parties acknowledge and agree that the applicable Laws
may be deleted, amended, or added to from time to time, and that such alterations may create a
conflict between the then-current Laws and the terms or operation of this Agreement. If any
conflict between this Agreement and such Laws exists, or comes into existence, during the Term
or a Renewal Term of this Agreement, then the Laws shall control andthis Agreement shall be
deemed modified accordingly.
b.
This Agreement may be renegotiated at PCS's option in the event that any
alteration in the Laws (including but not limited a rate change mandated by a federal, state or
local regulatory authority) adversely affects PCS's ability to fulfill its obligations under this
Agreement in a manner that, in PCS's sole discretion, meets PCS's business or economic
requirements. In this event, PCS shall provide written notice to Client of the need to renegotiate
the Agreement. Both parties agree to renegotiate the Agreement's terms in good faith, and to
agree upon any provisions necessary in order to meet such altered Laws as well as PCS's
business or economic requirements. If the parties fail to renegotiate the Agreement and
successfully agree upon provisions reasonably acceptable to PCS within sixty days from the date
that Client first received PCS's renegotiation notice, PCS may at any time thereafter terminate
the Agreement upon thirty days written notice to Client.
12.
INMATE TELEPHONE EQUIPMENT LEASING
Client acknowledges and agrees that PCS may entet into one or more lease transactions
for some or all of the Equipment within a particular Facility. In each such case, a third party will
purchase the Equipment as lessor and PCS will lease the Equipment as lessee. In the event the
Equipment is leased, Client agrees to provide such documentation as may reasonably be required
by the lessor and PCS. Such documentation may include, but shall not be limited to, an
acknowledgment and waiver and/or lessor waiver, all in the form reasonably acceptable to the
lessor. Client acknowledges and agrees that an Equipment lessor may require that DCC
Financing Statements be filed regarding the Equipment owned and leased by such lessor.
13.
NOTICES
Notices required by this Agreement may be personally delivered to PCS or Client, or may
be delivered by, together, facsimile and first class mail postage prepaid, addressed to the
060103 MontanalTSAv1
6
appropriate party at the address set forth below. If delivered by facsimile and first class mail,
delivery will be deemed made on the date of sending of the facsimile transmission.
14.
PCS:
Public Communications Services, Inc.
11859 Wilshire Boulevard, Suite 600
Los Angeles, California 90025
Attn: Tommie E. Joe, Chief Operating Officer
Phone: (310) 954-3037
Fax No.: (310) 954-2118
Email: tommie.joe@teampcs.com
Client:
Montana Department of Corrections
1539 11 th Avenue
Helena MT 59620
Attn: Gary Willems
Phone: (406) 444-4941
Email: gwillems@mt.gov
ACCESS AND RETENTION OF RECORDS
PCS agrees to provide the Client, the Legislative Auditor, or their authorized agents with
access to any records necessary to determine Contract compliance (Ref 18-1-118, MeA).
PCS agrees to create and retain all records supporting the services rendered and/or
supplies delivered for a period of three years after either the completion date of this
Contract or the conclusion of any claim, litigation, or exception relating to this Contract
taken by the State of Montana or a third party.
15
MISCELLANEOUS
a.
Successors, Subsidiaries and Assigns. This Agreement shall bind and inure to the
benefit of the principals, agents, representatives, subsidiaries, successors, heirs and assigns of the
parties hereto.
b.
Governing Law and Venue. The laws of Montana govern this Contract. The
parties agree that any mediation, arbitration or litigation concerning this Contract must be
brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana,
and each party shall pay its own costs and attorney fees (Ref. 18-1-401, MeA).
c.
Severability. Each provision of this Agreement shall be valid and enforceable to
the fullest extent permitted by law. If any provision of this Agreement or application of such
provision to any person or circumstance shall, to any extent, be or becOme invalid or
unenforceable, the· remainder of this Agreement, or the application of any such provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected by such invalidity or unenforceability, unless such provision or such application
of such provision is essential to this Agreement.
060103 MontanafTSAv!
7
d.
Entire Agreement. The parties acknowledge that no other person or any agent or
attorney of any other individual or entity has made any promise, representation or warranty
whatsoever, express, implied or statutory, not contained herein, concerning the subject matter
hereof, to induce the execution of this Agreement, and each signatory hereby acknowledges that
it has not executed this Agreement in reliance upon any such promise, representation or
warranty. This Agreement represents the entire agreement between the parties and supersedes all
prior negotiations, representations or agreements between the parties, either written or oral on the
subject hereof.
e.
Modification In Writing. This Agreement may be amended or modified only by a
written instrument designated as an amendment to this Agreement, and executed by the parties
hereto.
f.
Assignment. PCS may assign its rights under this Agreement, but only with the
written consent of Client to the assignment, which written consent shall not be unreasonably
withheld. No assignment shall relieve PCS of its obligations to Client nor diminish Client's
rights under this Agreement, unless so stated in a written agreement executed by Client.
g.
Force Majeure.· If the performance of this Agreement or any obligation hereunder
is interfered with by reason of any circumstances beyond the reasonable control of the party
affected, including without limitation fire, explosion, power failure or acts of God; war, civil
commotion or acts ofpublic enemies, any law, order, regulation, ordinance or requirement of any
government or legal body or any representative of any such government or legal body, labor
unrest, including without limitation, strikes, slow downs, picketing or boycotts, then the party
affected shall be excused from such perfonnance to the extent that such interference prevents,
delays or hampers performance and the other party shall likewise be excused from performance
of its obligations provided that the parties so affected shall use reasonable efforts to remove such
causes of non-performance.
h.
Limit on Liability. Except as expressly provided for in this Agreement, the
liability of any party in connection with this Agreement shall be limited to the economic losses
of the injured party caused by the other party's injurious action or inaction. In no event may
punitive or exemplary damages be sought or awarded by either party as to any claim or cause of
action.
1.
Interpretation.
i.
Neither of the parties hereto shall be deemed the drafter of this Agreement
for purposes of construing its provisions. The language in all parts of this Agreement shall be
construed according to its fair meaning, and not strictly for or against any of the parties hereto.
The headings preceding each of the sections, paragraphs, or subparagraphs in this Agreement are for convenience only and shall not be considered in the
construction or interpretation of this Agreement.
11.
111.
Whenever the context so requires in this Agreement, all words used in the
singular shall be construed to have been used in the plural (and vice versa), each gender shall be
construed to include other genders, and the word "person" shall be construed to include a natural
060103 MontanalTSAvl
8
person, a governmental entity, a corporation, a firm, a limited liability company, a partnership, a
join venture, a trust, and estate, or any other entity.
Execution of Agreement.
J.
i.
For purposes of execution of this Agreement, the parties agree that
facsimile signatures shall have the same force and effect as original signatures.
ii.
This Agreement may be executed in counterparts, and when each party has
signed and delivered at least one such counterpart, each counterpart shall be deemed an original,
and, when taken together with the other executed counterparts, shall constitute one Agreement,
which shall be binding upon and effective as to all parties.
l/tlo0
DATED:
DATED:
CLIENT:
PCS:
MONTANA DEPARTMENT OF
PUBLIC COMMUNICATIONS
CORRECTIONS
SERVICES, INC.
BY:~~
B~~
Its: Director
Its: Chief Operating Officer
Bill
Tommie E. J o e -
Slau~
~ [/(I-~
Chief Infonnation Officer Approval:
The Contractor is notified that pursuant to section 2-17-514, MCA, the Department of
Administration retains the right to cancel or modify any contract, project or activity that is not in
compliance with the Agency's Plan for Information Technology, the State Strategic Plan for
Information Technology, or any statewide IT policy or standard.
(-/(-£
(Date)
of Administration
060103 MontanalTSAv]
9
~\
EXHIBIT A
Equipment
The Equipment provided by PCS will be as follows:
Montana State Prison
Inmate Phones:
98 phones
Workstation:
1 Workstation
CPE:
6U Servers
Montana Women's Prison
Inmate Phones:
21 phones
CPE:
3U Servers
Pine Hills Youth Correctional Facility
Inmate Phones:
5 phones
CPE:
IU Server
060103 MontanaITSAvl
A-I
~..
EXHmITA
Equipment
Hardware and Telephonv Boards
6 U Servers
_~;:i~r.Il~~!{~~{~!1l.~M'~Ia!r~~1~c;':fi"~~~jif!~i_1rlmU§I"m'J:J._
3
I1MICRO/SYSTEM3
AGM ICM 6U RECORDING SERVERS
3
11 APT/8713 VGA
APT ROBO-8713VGA P4 SINGLE BOARD
3
lIAPT/PBP-19AI
APT 19 SLOTS BACK PLANE 19PCI BP
3
13APTIRC860A
APT 6U RACIGvlOUNT CHASSIS BLACK
3
3
14APT/ORlON3005
APT ORION-3005H 300W REDADUNT PS
12INTELP4-2.4GB
INTEL P4-2.4GHz 533MHz 512K CPU
3
75PENTJUM-4/FAN
PENTIUM 4 CPU COOLING FAN FOR 478P
3
12DDRPC3200/512
DOR-RAM PC3200 400MHz 512MB MEMORY
3
55INTEUPCI 100+
INTEL PCI 10/1 00 PRO 8460C NIC CARD
3
24HIGHIRAIDlSI0
HIGHPOINT SATA RAID 1810 RCH CARD
6
21ST3S0013AS/SO
SEAGATE SOGB 72K SERIAL ATA 8.5MS
12
21SEAGATE/300SA
SEAGATE SATA 300G 7200RPM 8MB
3
22S0NYMPF92 0-1 B
SONY 1.44MB BLACK FLOPPY DRIVE
3
26S0NYIBLACK52X
SONY 52X BLACK IDE CD-ROM
3
60MSWINDOWSXPJ
WINDOWS XP PROFESSIONAL OSP.
3
52DCT/04KB-006B
OCT BLAVK 197KEY KEYBOARD
3
53DCT/OPT-BCLI
DCT OPTICAL PS/2 MOUSE LITE UP
4U Servers
·.·qjjlrJ~'J:F.'~}jW:li ~~!I!il~~t~Mi!~i~~~.~f':: · •.::'tIiIJj!*.~~~iij;; 'i:t:l;;:~~~OOj~!f,,~l;\t~}~·~ •. ·l!i~~mr~!:~gr!~ill~N)i
. . ml!mruri~ttll!ill11tj\
2
01 MICRO/SY STE!vI2
AGM ICM RECORDING 4U SERVER
2
2
2
2
II APT/8713 VGA
APT ROBO-8713VGA P4 SINGLE BOARD
2
2
2
2
4
I1APTJPBP-19AI
APT 19 SLOTS BACK PLANE 19PCI BP
13APTIRPC-520FT
APT 19" 4U RACKMOUNT CASE BLACK
14APT/ORlON3002
APT ORlON·3002X 300WX2 REDUNDANT PS
12INTELP4-2.4GB
INTEL P4-2.4GHz 533MHz SI2K CPU
75PENTIUM-4iFAN
PENTIl.,rM 4 CPU COOLING FAN FOR 478P
55INTEL/PCI I00+
INTEL PCi 10/1 00 PRO S460C NIC CARD
24HlGH/RAID 1640
HIGHPOINT 1640 ROCKETRAID PCI CARD
21 ST380013AS/80
SEA GATE SOGB 72K SERIAL ATA 8.5MS
4
21SEAGATE/300SA
SEAGATE SATA 300G 7200RPM 8l\1B
2
22S0NYMPF920-1B
SONY 1.44MB BLACK FLOPPY DRIVE
2
26S0NYiBLACK52X
SONY 52X BLACK IDE CD-ROM
8
2
2
2
75HARDDRIVEIKIT
HARD DRIVE MOUNTING KIT
52DCTJ04KB-006B
DCT BLACK 197KEY KEYBOARD
53DCT/OPT-BCLI
OCT OPTICAL PS/2 MOUSE LITE UP
60MSIWfNDOWSXP/
WINDOWS XP PROFESSIONAL DSP.
060103 MontanaITSAvt
A-2
EXHIBIT A
Equipment
1
6
11
1
1
6
060103 MontanaITSAvl
PIK-99-10744
PIK-99-00742
PIK-99-00682
PIK-99-70741
PIK-99-70742
PIK-99-70744
PIKA DAYTONA MM 16P 16 STATION PORT
PIKA DAYTONA MM 24P 24 STATION PORT
PIKA V-ENGINE-303/2 2DSP
PIKA DAYTONA MM 8LC 8 LINE PORTS
PIKA DAYTONA MM 12LC 12 LINE PORTS
PIKA DAYTONA MM 24LC 24 LINE PORTS
EXHIBITB
Facilities
Montana State Prison
500 Conley Lake Road
Deer Lodge, MT 59722
Montana Women's Prison
701 S. 2ih Street
Billings, MT 59101
Pine Hills Youth Correctional Facility
4 North Haynes Avenue
Miles City, MT59301
060103 MontanalTSAv!
A-3
EXHIBITC
Call Rates - CoJlect*
COLLECT CALL RATES
Connect
RatelMinute
/minute
$2.75
$ .20
$2.75
$ .20 /minute
$2.75
$ .20 /minute
Local
IntraState
InterState
Call Rates - Debit*
DEBIT CALL RATES
Connect
$2.75
$2.75
$2.75
Local
IntraState
InterState
RatelMinute
$.20
/minute
$.20
/minute
$.20 /minute
Call Rates - Prepaid Collect*
Local
IntraState
InterState
PREPAID COLLECT CALL RATES
Connect
Rate/Minute
$2.75
$.20
/minute
$2.75
$.20
/minute
$2.75
$.20
/minute
*Rates do not include State, Federal and Local Taxes or Regulatory Fees
060103 MonlanalTSAvl
C-l
Schedule "A"
Escalation Procedures
THE FOLLOWING INFORMATION APPLIES TO INMATE PHONES ONt y
Priority Level 1:
(Repair will be made within 2 business days)
-One of multiple inmate phones in a housing area not operational
Priority Level 2:
(Repair will be made within 1 business day)- One entire housing
area not operational
- One intake phone not operational
Priority Level 3:
(Bahour physical response and/or remote reset and repair)- Multiple
entire housing areas not operational
- Multiple intake phones not operational
• All inmate phones not operational
IMMEDIATELY CALL pes WITH DESCRIPTION OF
PROBLEM AND PRIORITY LEVEL:
(800) 646-6283
( BOO-6-INMA TE )
DO NOT DISTRIBUTE THE ABOVE NUMBER TO
INMA TES OR INMA TE FAMILIES AND FRIENDS
INMA TE FAMILIES WITH BLOCKED NUMBERS OR BILLING
QUESTIONS SHOULD CALL:
(800) 786·8521
060103 MontanaITSAvl
Schedule A-I
Schedule "A"
Escalation Procedures
These numbers are to be us'ed by facility administratioll personnel only.
If the 800 number fails during normal business hours, please call Public
Communications Services to report ant problems with the Inmate Phone
System.
PCS TECHNICA'L SERVICES:
818-898-3524
pes OFFICE NUMBERS:
(310) 231-1000
Eric Peterson, Ext. 2045
John Wollard, Ext. 2385
Letty Nunez, Ext. 2046
James Walter, Ext. 2029
If the 800 number fails after normal business hours, then call the following
individuals to report the problem with the Inmate Phone System. Please
allow fifteen minutes for individuals to respond before attempting to contact
the next person on the list. Place calls in order listed below:
REP
CELLPHONE
Eric Peterson
Robert Bittner
John Woolard
Helen Douglas
(310) 948-6707
(515) 418-1739
(310) 893-9288
(818) 523-5245
INMA TE FAMILIES WITH BLOCKED NUMBERS OR BILLING
QUESTIONS SHOULD CALL:
(800) 786-8521
060103 MontanalTSAv]
Schedule A-2
nRST AMENDMENT TO INMATE TELEPHONE
SERVICES CONTRACf
AmcMIMDt!lt '"'*
This Fint
TeIepIslooe Services CODtrICt ("First Amendment") is
entered into as of J..-y ~2007. by ... bctwem Public CO'D'DUDicatiooa Scnk-.a, IDe.
\PCS'h and . . Maat_ nep.tJ «ofColrNtioM ("Cliallt').
......
:
A.
PCS aDd 0icDt eataed iMo that ccrtaia Inmate TeJephooc Service Aareement
4atod u ofDeccmber 1,2005 ,Api II .tj.
B.
PCS
_CliI8tDOW.-........
~.
NOW. mBIlBFORE, for aood . . valuable couidcatioB. the receipt aDd sufficiency
which . . heNby KbowWpcI. PCS . . Purdtucrbcreby . . . that the Apc:met ia
. .adotJ as foIows:
1.
Scctioa 3.. of die A.pecmIIIt it bcnby dcUtal ill its e:DCimy -.1 tbc foUowina is
_ltiNted in its place:
"I.;aa. 'I1Iis Aare Wi- eat IIIalI be "'edina • of the Etfeetive Dtdc. The
terDl of the Apecment
belin OIl Doc:cmbcl' 19, 2005 .... sball
COQtinue davuP JuDe 30~ 2007 (the wr..j UD1ea oitbor put)' provides
wriuen aotice of 1cmriPNim of tile ApwmaIt to the other party DOt leas
tMa. Diac:ty eta;. prior • the ad of die TCI'IIL"
..-u
2.
Except • lit . .
farGe aDd etfect.
_Ii.,
_ _ . . NIDIia lMlft'OlIifiecl aDd ia full
tile •
IN WITNESS WHElWOF, this Fiat A ~ has bcera executed as of the date first
let forth above.
CI.JENT:
PCS:
MONTANA DBPARTMENT OF
PUBLIC COMMUNICAnONS
SERVICES, INC.
CORR.ECTIONS ...
1zk~
~/~&L
Sipwttft
TOrY\mie E.
r.
PriMecl Name
PriBtod Name
6m#UO~d/if
Cb\ef Ofeca~csoffice\
Tade
MDOCllIMyt
Soe..-
1
SECOND AMENDMENT TO INMATE TELEPHONE
SERVICES CONTRACT
This Second Amendmen~to Inmate Telephone Services Contract ("Second Amendment")
is entered into as of July e:J5 , 2007, by and between Public Communications Services, Inc.
("PCS"), and the Montana Department of Corrections ("Client").
Recitals:
A.
PCS and Client entered into that certain Inmate Telephone Service Agreement
dated as of December 1,2005 ("Agreement").
B.
pes and Client now desire to amend the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, PCS and Client hereby agree that the Agreement is amended as
follows:
1.
Section 3a. of the Agreement is hereby deleted in its entirety and the following is
substituted in its place:
"Term. This Agreement shall be binding as of the Effective Date. The
term of the Agreement shall begin on December 19, 2005 and shall
continue through June 30, 2008 (the "Term") unless either party provides
written notice of termination of the Agreement to the other party not less
than ninety days prior to the end of the Term."
2.
Except as set forth herein, the Agreement shall remain unmodified and in full
force and effect.
IN WITNESS WHEREOF, this Second Amendment has been executed as of the date first
set forth above.
CLIENT:
PCS:
MONTANA DEPARTMENT OF
CORRECTIONS
PUBLIC COMMUNICATIONS
SERVICES, INC.
CC:::;:;~~
Gary Willems
Signature
\0 ;\--\.\ S
Printed Name
Printed Name
SIgn ture
z=:..
:=5Qk
Contracts and Facility Management
~"j\O So lyeN"7 tr c.....oO
Bureau Chief
Title
Title
MDOC Amendment 2 (3).doc
1
I
THIRD AMENDMENT TO INMATE TELEPHONE
SERVICES AGREEMENT
This Third Amendment to the I~ate Telephone Services Agreement ("Third
Amendment") is entered into as of June ~2008, by and between Public Communications
Services, Inc. ("PCS"), and Montana Department of Corrections ("Client").
Recitals:
A.
PCS and Client entered into that certain Inmate Telephone Service Agreement
dated December 1, 2005 ("Agreement").
B.
PCS and Client now desire to amend the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, PCS and Client hereby agree that the Agreement is amended as
follows:
1.
Section 3a. of the Agreement is hereby deleted in its entirety and the following is
substituted in its place:
Term. This Agreement shall be binding as of the Effective Date. The
term of the Agreement shall begin on December 19, 2005 and shall
continue through December 31, 2008 (the "Term") unless either party
provides written notice of termination of the Agreement to the other party
not less than ninety days prior to end of the Term."
2.
Except as set forth herein, the Agreement shall remain unmodified and in full
force and effect.
IN WITNESS WHEREOF, this Third Amendment has been executed as of the date first
set forth above.
CLIENT:
PCS:
MONTANA DEPARTMENT OF
PUBLIC COMMUNICAnONS
CORRECTIONS
SERVICES, INC.
"
~~Signature
Tommie E. Joe
Printed Name
Contracts and Facility Management Bureau
President & COO
Chief
Title
Title
061908 Montana DOC Third Amendment.doc
B- 1
