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Inmate Telephone System Contract
Between
The Oklahoma Department of Corrections
And
Global Tel*Link
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TABLE OF CONTENTS
1.0 INTRODUCTION ••••...••••.•..••••......•••••...•..•..•.•...........•....••••••..•.....•....••...••...... 5
2.0 CONTRACT PERIOD ...••••.•..•.........••..........•....••...••....•.....•..•.....•.•.....••••.•...... 5
3.0 PURPOSE OF AGREEMENT •.•..........••.•..••...•...•.•..•.•...............••.••....•..•.••.•... 5
4.0
~Q UIREMENTS
II II • • • • II"
II • • • II • • • 11.11 11.,1
4.1 Cost Consideration•••••••••••...•._
II • • • • • • II II • • • • • I I ' • • • • II"
II • • • • II II II • • • • • 11.11 • • • II • • • • • • II • • • II
,
6
6
4.1 General GTL Responsibilities
6
4.3 General System Requirements
_
7
4.4 Personal Identification Number (PIN) Mode
9
4.5 NOD-PIN Mode
10
4.6 Restrictions and Fraud Control Features
11
4.7 General Station Equipment Requirements
12
4.8 Voice Quality
_
4.9 Americans with Disabilities Act Compliance (ADA)
_
13
_
4.10 Call Managemeot
14
15
4.11 Can Costs or Can Rates .•._
_
4.12 RemittaDce or Commissions
15
16
4.13 Maintenance
_••._
16
4.14 MIsc:elJaneou5 Requirements ••...•••••.•..••.••.•.•••••.•••••••••.•••••..•.•.•••.....•....••.•••••••••••••••.•.••...••.•.••••...•.......• 19
4.15 System Calling Protocols ••••••_
19
4.16 System Call Recording and Monitoring
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_
20
4.17 General System Operational RequiremeDts
21
4.18 Software EnbaDeemen tsIU pgrades
22
4.19 General System Management Requirements
22
4.20 Data Back-Up ••...••.•••••••.••••.•.•.••••••••••••••••.•••.•••••••••••.••••.•••••••.••••••••••.......•.•.•.••••••••.......••••••••••••••.•.••....•23
4.21 System Reports
_
23
4.22 Inmate Account Information
24
4.23 System Doeumentation
_
_
15
4.24 Post Installation And Expansion Requirements
25
4.25 Other System Requlremen.s
26
4.26 General Performsuce Conditions
,
,••••.•.•...........•26
5.0 TERMS AND CONDITIONS •.•..•.•..•..•..•.••..•.•..•..•....•.....•••••••.................•.•••.. 31
5.1 Entire AgreemeDt
31
5.2 Implementation Schedule
_
5.3 Mandatory Requirements
31
31
5.4 Employment Taxes••••••••.•.•..••.•.•••••••.•..•••.•••.•.••...•.•.•.•••••"•••••••••••••.••••••••..•••.••.•"•.••,.,.••••••••••••••••••••....••.•.31
5.5 Sales, Us~ Excise, aDd Property Taxes
_
5.6 Subcontracting
32
_.••••.....•.•............32
5.7 Audits •.__
33
5.8 Equal Employment Opportunity
33
5.9 Immigration Status
33
5.10 Tobacoo Policy •••••••••..••.•.•.•.••.••....••••.•.•••..•••.•••••••••••••••.•••••.••••••••••••.•.•.•••.•..•••••.•.••••••••••••••••.•.•,•.••••••••••33
5.11 State Personnel •••••.•.•.•••••.•.•...••.•.••••........•••••••••••••••••••.•••••••••••••••••••••••••••••••••••••..•.•.•••.•...••••.•.•.•.••••.•••••34
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5.12 Termination .•.•.•.•••.••••.•............•.....•••..•••••..•...•.•••••••••..•••.•••••••••.•.•••.•••..•.•.....•••.•••.•.••••.••.•..•.•.••••••••••...•34
5.13 Waiver of Breach••••.•.•.•.__•••••••••...••.•.••_•••••.•..•.....•••••••.••••.••.•..•••••••••...•..•......••••••••••...•••..•.........•.••....35
5.14 CbangeslModifications:
35
5.15 Excusable Delay
35
5.16 Independent Status ofGTL
35
5.17 ConndentiaIIDformation
36
5.18 Ownership of ITS Components
36
5.19 Representations. Warranties and Liabilities
37
5.20 Compliance with Law
38
5.21 Drug-Free Workplace
38
5.22 CanDiets or Interest .....•....••••••••.•••.••.•••.••.•.•••••••••..•.:....•..•...•...•••..••••••.•....•....•..•..•••.•••••••••.•.•••••......•....38
39
5.23 Injunctive Relief
5.24 Assignment
,
39
5.13 GoverDing Law and Venue
39
5.26 Certification Regarding Debarment, SuspeosioD, Proposed for Debarment, or Declared
Ineligible for Award of Contracts by any Federal or State Agency
39
5.27 Worker's Compensation
40
5.28 General Liability •.•••••.••..•.••••.••••..•••••••••.•••......•...•.•.•••••.••••••••.•.•••..••..........•••....•..•.•...•...•...............•••... 40
5.19 Electronic Information Technology Access (EITA)
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40
1.0 INTRODUCTION
This contract is entered into between the Oklahoma Department of Corrections,
(hereinafter referred to as the DOC), by virtue of the authority vested in Title 74 O.S.
2001, §85, and Global Tel*Link (hereinafter referred to as GTL), an Alabama
corporation with it's principal place of business at 2609 Cameron Street, Mobile,
Alabama. DOC and GTL herby agree to the terms and conditions contained herein.
2.0 CONTRACT PERIOD
The contract shall begin on December 18, 2007 and terminate 12 months thereafter. The
contract shall include the option to renew for two (2) additional one-year periods under
the same terms and conditions.
3.0 PURPOSE OF AGREEMENT
DOC is responsible for managing the operation of correctional institutions housing
inmates within the State of Oklahoma. The purpose of this Contract is to provide a single
Inmate Telephone System (hereinafter referred to as ITS) for DOC correctional
institutions throughout the state. The ITS will enable DOC to provide inmates with
controlled collect calling privileges that will insure the safety and security of staff,
inmates, and the public through the use of current technology.
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4.0 REQUIREMENTS
The ITS provided by GTL must comply with all of the system requirements identified
throughout Section 4.0 of this contract. Any ofthe system requirements that cannot be
met immediately upon award ofthe contract shall be identified by OTL with a timeline
for completion of each requirement being provided to DOC no later than January 15,
2008. Upon agreement by DOC. an amendment to the contract shall be processed to
incorporate the timeline into the contract. Upon finalization of the amendment GIL shall
be required to provide all of the requirements identified in the timeline by the specified
date of completion.
4.1 Cost Consideration
All costs related to the ITS will be the responsibility of OTL. DOC will not make any
payments to GTL for work provided pursuant to this contract.
GTL shall collect all revenue from the called party for collect calls placed by inmates.
GTL shall only be allowed to charge called parties using the rates in the approved rate
schedule (see Attaclunent A) and in accordance with the terms and conditions contained
herein. These rates are subject to review and change prior to the exercise of each option
year. Any change must be agreed to by both the DOC and GTL.
GTL shall be required to make commission payments to DOC in accordance with the
terms and conditions contained herein.
4.2 General GTL Responsibilities
OTL must establish an internal "Account Team" of site coordinators to interface with
DOC for the ITS. This Account Team will serve DOC as the single-point-of contact for
all services required in the Contract. GTL must provide access to the Account Team by
email address as well as toll-free telephone, pager and fax numbers.
GTL shall be responsible for compliance with all regulatory requirements imposed by
local, state and federal regulatory agencies for all systems and services provided
throughout the duration of the Contract.
GTL's Account Team must accept system programming and maintenance orders only
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from authorized persOlUlel with DOC. OTL will be responsible for all charges associated
with "unauthorizedll service repairs, additions, or changes perfonned by OTL.
OTL shall be responsible for making all system modifications necessary to allow inmates
to place calls as industry dialing requirements change at no cost to DOC. Such
modifications must be made in a timely manner to ensure proper use of the system by
inmates and DOC persOlU1eI.
OTL shall be responsible for complying with and updating the ITS, as a result of any
regulatory changes and requirements. These regulatory changes include federal, state or
local municipal modifications. These changes must be made in a timely manner and at no
cost to DOC.
4.3 General System Requirements
The ITS must meet or exceed the following requirements:
The ITS must include a call processing and control system as well as recording and
monitoring equipment to support each ofthe DOC facilities.
OTL must provide one type of ITS for all DOC locations. All system hardware, software
and support systems must be the same in each DOC facility.
The call processing and control system must provide for all telecommunications
capabilities for inmate services and be physically and logically separate from the DOC's
administrative communications systems.
The ITS must be provided to DOC at no cost. The ITS must include full design,
installation, on-going maintenance, and administration.
The ITS must provide any and all network services (local exchange and tolVcollect
services) required by the ITS during the Contract term.
The ITS must allow inmate access to collect call services as required by the Contract.
The ITS must operate in a "collect call only" mode.
There may be an exception to collect call only, so the system must provide the capability
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to provide prepaid services. The service will allow for either the inmate's family or
inmate to arrange for a prepaid account. This capability must be fully maintained by the
ITS.
GTL will install additional phone systems when required to improve or expand service as
requested by the DOC. Such additional phones, as well as related infrastructure changes,
must be approved in advance by the DOC and with no cost to the DOC.
The collect call automated announcement function of the ITS must be capable of
processing calls on a selective bilingual basis: English and Spanish. This feature should
default to English but DOC must be able to select Spanish by PIN or by specific
telephone number assigned to a PIN. The inmate must not be able to change the language
heard by the call recipient.
The ITS must be restricted to outgoing calls only. The system must not process incoming
calls at any time.
GTL must keep all call processing and call rating infonnation current. This infonnation
includes, but is not limited to local exchanges, area codes, country codes, vertical and
horizontal coordinates and any other information necessary to accurately process and rate
calls. GTL must quickly provide any rate infonnation for all calls upon request by DOC
at any time during the term of the Contract.
GIL must make every effort to insure that any call is not passed off to any other carrier
not authorized by the Contract.
The ITS must provide telephone reception quality. meeting all industry standards for
service quality as defined by the Federal Communications Commission (FCC).
The ITS must not provide a second dial tone to an inmate telephone without the inmate
hanging up the telephone receiver after the first call is completed.
The ITS must allow for an agreed to "ring time" before an inmate call is disconnected.
The ITS must provide notification to an inmate of the call status (i.e., ringing, busy, etc.).
This notification may either be in the fonn of ringing, busy tones, standard infonnation
tones (SIT), or appropriate recorded messages.
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The ITS shall not allow the inmate to speak to the called party until the call has been
accepted.
The ITS must allow the inmate to hear the processing of the placed call to detennine if
ITS tones with message or an answering device {Le., answering machine, voice mail,
etc.) has answered the call. At no time shall the system allow the inmate to speak
(restricted voice channel) until the call has been accepted by the called party.
The ITS must allow for DOC to program times when the system will be available or
unavailable to inmate calling.
4.4 Personal Identification Number (PIN) Mode
The ITS must restrict use of the system through authorized Personal Identification
Numbers (PINs) assigned to each inmate. The length of these PINs must be approved by
DOC and remain consistent throughout DOC facilities.
The ITS must use DOC's current inmate PIN assignments and numbering plan.
The ITS must allow each PIN to have a "class of service" assigned. For example,
duration of each call, etc. The system must allow call restrictions by individual PIN that
provide all of the following restrictions. The restrictions must be selectable in any logical
combination:
Inmates can be either approved or not approved to make phone
calls by PIN.
Inmates, via the PIN, can be restricted to a specific telephone or
group of telephones, at DOC's option.
Limit duration of call: Maximum call duration can be set globally
(all PINs), by site, by facility area, by individual inmate's PIN, or
by specific telephone number assigned to a given PIN, at DOC's
option.
Limit duration of call: Maximum call duration can be set for each
type of call (Local, intraLATA, interLATA, interstate
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Restrict time of day calling. An allowed calling schedule can be
provided for each specific PIN, by facility area, by site and
globally (all PINs). The global restrictions can take precedence
over individual PIN restrictions, at DOC's option.
Limit number of calls. The number of calls per time period can be
restricted by PIN or facility, at the DOC's option. The DOC can
determine the time period (e.g. day, week, etc.)
Allow calls only to telephone numbers included on an authorized
list.
The ITS's PIN feature must ensure that the automated operator function uses the inmate's
pre-recorded name (recorded in either the inmate's voice and language. or in the voice of
an administrator) to announce to the called party from whom the call is originating.
Identification of the specific inmate and thus the announcement of the inmate's name
must be perfonned by the PIN assignment.
GTL must agree to use an announcement subject to DOC approval.
The ITS must be capable of allowing up to 100 different telephone numbers per PIN.
There must not be any limit on the total number of different PIN numbers that may be
established per facility.
4.5 Non-PIN Mode
The ITS must be capable of de-activating the PIN feature by individual inmate telephone,
groups of telephones or entire facilities, at DOC's option. Regardless of this deactivation,
the ITS must restrict inmate calls to collect only calls. When in this mode, inmates will
not be required to input a PIN and may dial any number in the authorized call list but not
those referenced below.
The ITS must block all calls made to any telephone numbers which incur access charges
including, but not limited to: 900,972,976,550.
The ITS must block all inmate calls to current long distance carrier access numbers (Le.,
1010333, 1010285, etc.) or future 101-xxxx carrier access numbers.
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The ITS must block all local numbers. which access long distance camers.
The ITS must block all inmate access to directory assistance access numbers (Le., 411,
555-1212, etc.).
The ITS must block all inmate access to toll free numbers (i.e.• 500. 700, 800.888, 877,
etc.). GTL shall be responsible for ensuring that the system is programmed for such
blocking.
GTL will insure that any call is not passed off to any other carrier not authorized by this
contract. This will include call forwarding to another telephone number. thus
immediately terminate the call and send a flag to the ITS management report system.
4.6 Restrictions and Fraud Control Features
In order to limit possible telephone fraud. it is required that the ITS include a fraud
prevention feature, which will be able to randomly interject pre-recorded announcements
throughout the duration of the conversation to the called party and caller indicating the
source of the call.
The ITS must be able to detect the called party's attempt to initiate a "3-Way" or
"Conference Call" with a third party.
The ITS must detect unusual or suspicious number sequences dialed or dialing patterns
which the system identifies as possible attempts to commit fraud.
The ITS must be able to detect calls placed by designated inmates to specific numbers
that has been assigned alert status.
When the ITS detects a call identified as restricted or potentially fraudulent, it must log
the incident to a report and terminate the call.
The ITS must flag and report when a phone number is used by more than one inmate.
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4.7 General Station Equipment Requirements
All ITS station equipment must be installed in all DOC institutions receiving ITS's, at no
cost to DOC.
GTL must provide all required materials, hardware, software and station cabling (where
re-use is unavailable or new locations are required) to install the ITS station equipment.
All ITS station equipment must be powered by the telephone line and require no
additional power source.
All ITS station equipment must have the physical and design characteristics that include
all of the following:
A chrome plated DTMF tone dial that is water, flame and shock
resistant
A hearing aid compatible handset
A steel housing that protects the electronic components of the
telephone
A paint/finish that is mar and scratch resistant
A faceplate with concise dialing and operating instructions
An 18" annored handset cord that is resistant to stretching and
breaking
A tamper proof housing
An installation reinforced by security studs to prevent easy removal
of the telephone
The majority of the ITS station equipment shall be permanently mounted wall telephones.
The ITS station equipment must be compact in design.
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The ITS station equipment shall be true dual-tone multi-frequency (DTMF).
The ITS station equipment shall not be capable of programming any feature of the ITS.
The ITS station equipment shall not be programmable for any purpose.
The ITS station equipment must not include coin entry slots or coin return slot regardless
of whether these functions arc disabled on the station equipment.
OTL shall provide a unique nwnber, physically imprinted on each ITS Station Set so that
the nwnber can be seen by DOC staff for the purpose of reporting troubles and
troubleshooting problems. As new ITS Station Sets are added or replaced they shall be
identified in the same manner and all appropriate paper work shall be updated to reflect
the addition. These same nwnbers shall be used by any reports referring to specific ITS
Station Sets.
The ITS station equipment shall be capable of reducing background noise or directional
microphones in the handset.
All ITS station equipment shall provide volume controls which allow inmates to amplify
the called party's voice without amplifying the inmates voice at his or her end.
OTL shall provide dialing instructions in English and Spanish on each ITS Station Set in
a manner which reduces the possibility of them being destroyed.
OTL shall provide a "warning" statement in both English and Spanish on each ITS
Station Set that states "This Call is Subject to Monitoring and/or Recording" in a manner
which reduces or eliminates the possibility of its being destroyed.
OTL shall maintain the above-mentioned station set dialing instructions and warning
statements for legibility and accuracy during the course of the Contract.
4.8 Voice Quality
The ITS must provide a quality of connections that meet or exceed appropriate industry
standards in the United States and enacted by appropriate standards organizations for
transmitted and received levels, noise, cross talk and frequency range (i.e., Bellcore,
ANSI, etc.).
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The voice quality level listed above shall be in place for all telephone services at all
stages of a call and shall not be affected by any other ITS feature, function or capability.
4.9 Americans with Disabilities Act Compliance (ADA)
All of the ITS station equipment shall be compatible with telecommunications for the
deaf (TPOITfY) equipment.
GTL shall be responsible for providing a single rOOmy device for the ITS at each
DOC institution.
The ITS TOOmy equipment shall be portable, such that it can be used with any ITS
station set at DOC institution.
The ITS TOOmy equipment shall allow inmates to communicate via keyboard entry.
The ITS TDOmy equipment shall contain a display (Le., LCO, LED, etc.) and a printer
device. The printer must be located remote from the ITS rOOmy equipment. Location
will be defined at time of installation.
The ITS TDOITfY equipment must have real~time monitoring capability so that
whatever is keyed is immediately displayed at a monitoring area either on-site or off-site.
The ITS shall record the entire call except for calls to the irunate's legal council at
specific pre-designated numbers.
GTL shall provide decoding and playback capability. The system shall not rely on paper
copy only.
Recording and real-time monitoring will prevail whether the call is voice, TDDrrrY or
voice and TOOmY.
The ITS shall provide a billable number through a TDOITTY relay service should the
calling party not possess a TDOffTY device.
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4.10 Call Management
GTL shall provide the collect call services through the use of an Automated Operator. At
no time shall an irunate be connected to a "live" operator.
GTL shall assume responsibility for billing called parties receiving collect calls from the
ITS and for the collecting of payments for these calls. This will be either direct billing or
through the local exchange company.
GTL shall provide a single toll free nwnber allowing call recipients to contact GTL for
assistance in billing matters. This number must be clearly shown on the called party's bill.
The customer service function may not be subcontracted.
GTL shall endeavor to handle billing disputes in an equitable manner. Disputes that
cannot be resolved to the satisfaction of the call recipient must be brought to the attention
of an Arbitrator to be designated by DOC. The Arbitrator will detennine how much, if
any, of the disputed charges may be billed by GTL. Any excess must be forgiven by
GTL.
GTL will not be required to remit Commissions that would otherwise be payable to DOC
for charges forgiven by the Arbitrator.
GTL shall provide a1llocal, intraLATA. interLATA and interstate collect call services at
all DOC institutions where the ITS is installed. GTL shall be responsible for installing
and maintaining all telephone circuits necessary to provide the required collect call
services.
4.11 Call Costs or Call Rates
There shall be a flat rate for all calls within the United States. This rate shall be $3.60 for
a fifteen minute call.
The ITS will not handle international phone calls.
GTL shall collect all revenue from the called party for collect calls placed by inmates.
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The ITS must infonn the caU recipient of the rate. The ITS may announce the rate
automatically or provide a prompt giving the call recipient the option to hear the rate.
Timing for any call shall not begin before positive acceptance of the call.
4.12 Remittance of Commissions
OTL shall pay a commission to DOC that shall be equal to 50% of the net profit
generated by the system during each contract period. Annual commission payments shall
be calculated each year based upon historical call volume. These payments shall be made
to DOC in equal monthly installments. The initial commission for year one shall be
$940,000.
At the end of each contract period OTL shall reconcile the actual
commissions based on actual call volume. OTL and DOC shall determine any necessary
adjustments required and the method of adjusting the annual commission payments at the
end of each contract period. A reconciliation report shall be furnished to DOC within 60
days after the end of the contract period.
OTL must remit the commission monthly payments to the DOC no later than 45 days
after the close of the billing month. For example, a commission monthly jayment for
calls made during March will be forwarded to the DOC no later than May 15 .
All commission payments and accompanying reports must be sent to the following
address:
Attn: Parent Canteen Board Secretary
Oklahoma Department of Corrections
3400 Martin Luther King
Oklahoma City, OK 73111
4.13 Maintenance
4.13.1 Maintenance Standards
GTL is responsible for maintenance and replacement of the ITS in its entirety or its
individual components regardless of cause including, but not limited to, normal wear/use,
inmate abuse, natural disaster, or inmate unrest. This system or component replacement,
as necessary, will be performed at no cost to the DOC.
Equipment maintenance by OTL will be completed within eight (8) business hours after
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notification by DOC that maintenance is required. In the case of preventative
maintenance, OTL will perform such in accordance with the manufacturer's published
schedule and specifications. If maintenance is not completed or substitute equipment not
provided within eight (8) hours after notification by DOC, GTL will be in default.
All maintenance will meet all standards contained in the Contract. Failure of OTL to
meet or maintain these requirements will provide DOC with the same rights and remedies
specified elsewhere in the Contract for default, except that OTL will only have eight (8)
hours to remedy a default.
4.13.2 Res,ponse to Maintenance Calls
Should any critical component of the ITS fail, GTL must respond to DOC's
maintenance/repair calls in the following manner.
•
"Response" to a maintenance call requires that OTL must begin
remote testing of the system or have a qualified technician
(suitably equipped for the installed system, components or system
hardware/software) on site at the reporting DOC location.
•
After receipt of the service call from DOC, OTL is required to
notify the reporting facility, by the required response times
outlined in this section, when it has commenced (and completed)
remote testing or when a qualified service technician will be on
site to facilitate repair of the service.
4.13.3 Maintenance Response Times
4.13.3.1 Routine Service
For routine service, OTL must respond to the service problem within four
(4) hours of initial trouble report by the DOC facility, through the use of
remote testing or access. Records of testing to comply with this
requirement must be available to DOC upon request.
4.13.3.2 Notification
GTL must notify the DOC site contact with remote testing results within
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six (6) hoW'S of the original trouble report. Otherwise, within six (6)
hours of the original service call from the DOC institution, GTL must
notify the DOC site contact that a technician has been dispatched and
must advise the estimated time of arrival.
4.13.3.3 Critical Component Availability
GTL must ensure that critical components are located within the
available service area for each DOC institution and that all parts and
materials necessary to repair the ITS are readily available to service
personnel 24 hours per day, seven days per week, 365 days per year.
4.13.3.4 Answering of Maintenance Calls
All maintenance calls from DOC shall be answered by the Administrator
or a designated backup as described in Section 4.19.
4.13.3.5 Monthly System Downtime
OTL must track all system downtime for each DOC facility and
compile and submit per-facility records of these measures for DOC
review each month.
4.13.3.6 Eguipment Maintenance Continuity
If GTL is unable to provide maintenance services to meet DOC's ongoing
performance requirements and if, in DOC's sole opinion, OTL is unlikely
to resume providing warranty services that meets DOC's ongoing
performance requirement, GTL will be in default. DOC then will be
entitled to the default remedies described in the Contract.
4.13.3.7 Principal Period of Maintenance (Genera})
Maintenance will be available 24 hours per day and seven (7) days per
week. GTL must provide all post installation system programming and
maintenance services, including related travel expenses, at no cost to
DOC.
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4.13.3.8 Maintenance Access (General)
OTL will keep the ITS in good operating condition during the Contract
period, and DOC will provide OTL with reasonable access to the ITS to
perform maintenance. Preventive or scheduled maintenance will be
performed at mutually agreeable times.
4.14 Miscellaneous Requirements
Telephone network services provided by OTL shall not be capable of being detected by
the called party for telephone number identification or Caller ID.
OTL shall not charge for calls that result in Special Information Tones (SIT), ring/no
answer, busy conditions, or disconnects before positive acceptance of the call.
OTL shall not charge fees for calls to number called within the previous 15 minutes using
the same PIN on calls disconnected by system error. The 15 minutes shall be compared to
the time from the end of the previous call to the beginning of the subsequent call in order
to determine whether this provision is applicable. This provision applies only to
consecutive calls.
4.15 System Calling Protocols
Each call placed through the ITS must be electronically identified by the system as being
a call originating from (name of institution), an Oklahoma Correctional Institution, in
100% oftbe cases, with or without the accompanying inmate PIN.
The ITS must have the capability to accept the called party's response via Dual Tone
Multi-Frequency (Touch Tone Pad) input from their telephone.
The ITS shall have the capability to interject messages into a telephone call at random
intervals (i.e., "this call is from an Oklahoma Correctional Institution") as deemed
necessary by DOC and at DOC determined intervals.
The ITS shall be capable of announcing to the called party the name of the calling
inmate. OTL must provide a mechanism to record an inmate's name one time to be used
each time this announcement is required.
Page 19 of 42
The ITS shall be capable of announcing to the called party how to accept calls.
4.16 System Call Recording and Monitoring
The ITS must be capable ofrecording all inmate calls simultaneously and at any time that
a call is placed.
The recording feature must be able to be de-activated on a per number dialed and/or per
PIN basis for privileged calls (e.g. calls to attorneys).
The ITS must allow for the monitoring of inmate calls, whether voice, TOOmy or
voice and TOOITTY, while in process ("real time") by DOC personnel. This monitoring
must be allowed by specific inmate or station. All live monitoring must be transparent to
the imnate. Any and all equipment and software required to perfonn this function must be
provided with the system.
The recording system with the ITS must be a fully digital system utilizing state-of-the-art
digital drives.
The recording system must be capable of capturing the conversation of both parties
equally well, whether voice, TDOnTY or voice and TDOITTY.
The recording system must provide the highest quality playback possible by limiting
compression as may be required.
The recording system must have sufficient storage capacity to record and maintain all
voice calls for ninety (90) days.
In the event that voice calls require storage beyond the ninety (90) days interval (per
court instruction, etc.), such calls shall be tagged and saved.
In the event that voice retention requirements are increased beyond the ninety (90) days
interval, selected equipment shall have the capability without replacement, to meet new
storage requirements.
OTL must include best quality speakers with each workstation for the best quality
playback.
Page 20 of 42
At many times, the recorded telephone conversations of inmates are used as evidence in
criminal or DOC violation investigations. It is required that any recording system with
the ITS provide a compact, portable playback system allowing for recorded media to be
reviewed on-site at DOC facilities or at required off-site locations. A compact, playback
system or systems must be provided for each DOC institution where the ITS is installed
as well as for the Central Investigation Unit. Provided equipment must be maintained by
GTL in working order and be capable of meeting the rules ofevidence in Oklahoma.
All "Real-Time" monitoring or retrieval of recordings, voice, TDDmy or voice and
TDDfITY can be accessed from designated workstations on-site or off-site.
4.17 General System Operational Requirements
GTL must provide and install adequate surge protection for the ITS and its components.
The use of traditional "power strips" for surge protection is not acceptable for this
requirement.
GIL must provide and install adequate lightning protection equipment on all network
services supplied for the ITS.
GTL must provide and maintain an adequate number of uninterruptible power supply
(UPS) systems that also have surge protection and line conditioning at each DOC facility
capable of supporting all ITS components for a minimwn of one (1) hour. A UPS
capable of supporting each on site workstation/printer for a minimum of fifteen minutes
must also be included.
In the case of the loss of commercial power and the failme of the UPS system, the ITS
must automatically restrict or "shut off all inmate station equipment (Telephones) so that
no irunate calls can be made until commercial power is restored."
The ITS must be capable of recovering from a power outage automatically or remotely
once commercial power is restored.
The ITS must function within the space limitations of each facility.
GTL must provide matching manufactured "Equipment Racks" for all on-site ITS
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equipment.
OTL must provide a monitor with each on site workstation.
It is required that access to administrative functions and data be password protected.
4.18 Software EnhancementslUpgrades
OTL must provide software enhancements/upgrades to the ITS, other than those
specifically requested by DOC, at no additional cost. The installed ITS must always be at
the latest general release of the system software including operating systems for the
system administration or system reporting tenninalslPCs. Beta and Field Test Software
must not be provided unless specifically approved by DOC. Prior to any software
upgrades or enhancements, OTL shall discuss the software benefits with DOC and
proceed only after DOC approval.
4.19 General System Management Requirements
GTL must respond with on-site personnel to administer the ITS (Administrators). These
personnel may be assigned to a geographical area within the state. The Administrator for
each facility must be the coordinator for all ITS activities, including administration,
maintenance, and repair. These individuals, or designated backup personnel, must be
available at all times (24X7X36S) through telephone, fax, email, or pager. DOC must
always be able to contact a "live" person to address ITS issues within 15 minutes.
The ITS must be able to be administered on or off-site by GTL or DOC personnel.
Although OTL is primarily responsible for System administration, DOC staff, located at
each facility and the central office, must have the ability to access the ITS via a
workstation(s) or PC located at each DOC facility The workstations will be used to
supplement the Administrator's role and all related capabilities. The ITS must also be
accessible by DOC staff using designated DOC workstations GTL shall provide the
required software to be installed on DOC owned workstations.
The ITS must allow for changes to be administered in "real time" while the system is in
use. The system must not require the system to be taken off line to make additions,
changes or retrieve reports.
Page 22 of 42
4.20 Data Back-Up
GTL must perform all system and database back-ups and archiving. GTL shall provide all
archival hardware, supplies, network and recovery procedures necessary to ensure that no
data shall be lost.
GTL must be capable of recovering all system data for all locations, to the point of full
system operation, using a system backup.
4.21 System Reports
The ITS must provide reporting and querying methods and capabilities which provide
maximum flexibility, a user friendly interface, speed, efficiency and accuracy.
The ITS must allow for the generation of reports by a DOC facility, a combination of
DOC facilities or all DOC facilities.
The ITS must allow for the generation of reports by DOC personnel based on their user
level restriction.
The ITS must allow for the generation of standard system reports as well as reports
customized for the specific needs of DOC.
The ITS must allow for selected reports to be generated automatically based on DOC
criteria (Le., time of day, volume ofcalls, particular inmate, etc.).
The ITS must provide adequate processing power and memory to allow for rapid search
and report generation capabilities.
The ITS must allow for all report data to be stored in an ASCII file format and also in a
Microsoft Excel® on removable electronic storage media (Le., CD-ROM, high capacity
diskette, etc.).
The ITS must allow for all reports to be viewed in hard copy format or viewed on-line by
a user with the proper access level, viewed in Microsoft Excel®.
The ITS must provide for the following reports, at a minimwn, to be generated for DOC:
Pagel30142
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Chronological List of CaJIs
Daily Call Volume Summary
Daily Call Volume Detail
Inmate AccoWlt Sununary
Inmate Account Detail
Frequently Dialed Numbers
Specific Telephone Number Dialed Usage
Suspended Inmate Account
Alert Notification
Telephone Numbers Called by More Than One Inmatc
Telephone Numbers Assigned to More Than One Inmate Account
Quantity of Calls per Inmate Account
Quantity of Minutes per Inmate Account
Blocked Telephone Number List
Local Exchange Volume (by Exchange)
Area Code Volume (by Area Code)
GTL must provide, on 3.5" diskette, size permitting, or on CD-ROM otherwise, detail
supporting the monthly commissions remitted to DOC. The report must be easily
reconciled to the total commissions paid and show, at a minimum, gross revenues and
commission by call swnniarized by date and facility. The report must be organized so
that the commissions earned on each call can be easily verified to be included in the
payment received.
Any reports generated by either DOC staff or an ITS administrator at a workstation
or PC, either on premises or off-site will have the ability to e-mail the report to a
target e-mail address. DOC will be responsible for providing any e-mail
address/account on a PC owned by DOC.
4.22 Inmate Account Iuformation
The ITS must provide alert levels to be placed on each particular inmate's account
infonnation. Such alert levels must be viewable in real time mode via the system
administration terminal or via printed report.
The ITS must allow DOC to restrict any single inmate from placing all calls assigned to
Page 24 of42
his particular PIN with the exception of privileged numbers.
The ITS shall provide the preference of English or Spanish voice messages or prompts
depending on the individual inmate's accmmt information. The default setting for each
inmate shall be English until flagged by DOC personnel to Spanish. This feature shall not
allow the inmate to change the language heard by the call recipient.
4.23 System Documentation
GTL must provide a complete set of system reference manuals which must include
infonnation specific to the installation at each DOC facility.
GTL shall supply trouble logs for all problems reported on the system on an as needed
basis.
GTL shall supply all necessary documentation to the DOC site contact person (s) relating
to maintenance contact numbers, maintenance reporting procedures, maintenance
escalation procedures, etc.
4.24 Post Installation And Expansion Requirements
When a new DOC facility is opened by DOC, GTL shall determine (with DOC) a
schedule for installation of an ITS at that location to ensure service as soon as practical at
the new site. The ITS shall be installed at the new facility at no cost to DOC.
GIL shall be responsible for making all system modifications necessary to allow inmates
to place calls as industry dialing requirements change, at no additional cost to DOC.
GTL shall be responsible for complying with and updating the ITS for any regulatory
changes and requirements during the life of the contract. These regulatory changes
include federal, state, county and municipal modifications. These changes shall be made
at no additional cost to DOC.
All call processing and call rating information shall be kept current by GTL to ensure
inmates' ability to place calls. This information includes, but is not limited to, local
exchanges, area codes, country codes, vertical and horizontal coordinates. and any other
information necessary to accurately process and rate calls. GIL shall provide DOC with
Page 25 of42
rating information for all calls when requested by DOC.
4.25 Other System Requirements
The equipment and software must be in production and installed and in use by one or
more customers.
The Contract is for the provisions of a complete ITS. Any incidental items omitted from
these specifications must be provided by OTL in order to deliver a complete, working
hardware and software configuration and to be in compliance with the specifications. All
hardware, software, supplies. and other required components (such as documentation,
conversion, training. and maintenance) for the ITS to be complete and useful to DOC
shall be provided by OTL.
If hardware or software components are determined at any renewal point by DOC to be
obsolete OTL will be required to update the equipment or software to resolve the issue.
4.26 General Performance Conditions
4.26.1 Installation
1. Installation shall conform to the National Electric Code (NEC) and
all other applicable national and local codes and with accepted
telecommunications' industry standards.
2. Where components, cables, cabinets, etc. are mounted on walls.
ceilings, etc.• suitable anchors must be used, so that if anyone hanger
should fail, the device will remain securely in place.
3. Unless otherwise noted, all cable and components shall be supported
by the building structure. In no case shall any cables be fastened to or
lay on a suspended ceiling. In no case shall any cables be fastened to
the support wires of suspended ceilings, electrical conduits, or any
mechanical or plumbing system pipe or other equipment.
4. All manufacturers' recommendations must be strictly adhered to.
Page 26of42
S. In cases where existing cabling cannot be used, OTL will install new
station cabling at no cost to DOC. Any new cabling must include
wall plate, cross connection, patch cords, etc. as required by DOC.
6. OTL must agree to obtain DOC pennission in writing before
proceeding with any work that requires cutting into or through
girders, beams, concrete or tile floors, partitions or ceilings, or any
work that may impair fireproofing or moisture proofmg, or
potentially cause any structural damage. DOC does not anticipate that
such work will be required to install the ITS.
7. OTL shall take all steps necessary to protect all building components,
fmishes and equipment from damage and shall be responsible for the
repair or replacement, to the satisfaction of DOC, of all building
components, finishes and equipment damaged by OTL .
8. OTL shall at all times, keep the work site free from accwnulation of
waste materials and/or rubbish resulting from delivery of services.
9. No exposed wiring or wire mold or other surface mOWlted raceway
will be pennitted in finished areas.
10. GTL shall provide all necessary labor, equipment and accessories to
complete the job in a satisfactory manner.
11. OTL must ensure that all of its work and materials will comply with
all local, county, state and federal laws, ordinances and regulations as
well as any direction of inspectors appointed by proper authorities
having jurisdiction at each DOC facility.
12. GTL must acquire all necessary permits, etc. Should violation of
codes occur relating to the ITS, GTL shall correct the situation at no
cost to DOC.
13. Work may be conducted with other trades. The GIL shall conduct all
work in harmony with other trades.
14. DOC Facilities operate in a tobacco free enviromnent.
Page 27 of 42
4.26.2 Wiring Standard
1. OTL shall follow Manufacturers' wiring standards for crOSS-COJUlect
activities and any additional wiring that may be required throughout
the building.
2. OTL shall be responsible for cross-connecting new systems to
existing wiring schemes. GTL may l!Q! assume that existing
facility wiring will be properly labeled and identified.
3. Grounding and bonding shall meet or exceed EIAffIA-607.
4. Additional telephone station wiring shall be twisted pair, 24 gauge,
Category 5, and shall be UL listed CMP, and shall conform to
accepted industry, FCC and NEC Standards as applicable to size,
color code, insulation, etc. GTL installed wiring shall be new and
shall remain the property of DOC at the end of the Contract period.
5. Cable connections, splicing and termination shall be done in
accordance with Industry Accepted Practices and manufacturer's
instructions.
6. All supporting devices for the cabling must not pinch, bind, crimp, or
in any other manner cause the physical or performance characteristic
alterations of the cables.
7. All costs associated with the testing of wiring, both new and old,
in preparation for the implementation of the new systems, will be
the responsibility of GTL.
8. GTL shall be responsible for assuring that existing station wiring will
not adversely affect the performance of the OTL's equipment or
subsystems and that distribution to user tenninals will meet
manufacturers and DOC requirements.
9. The OTL must work with DOC to determine the exact times
when inmate station equipment (Telephones) can be replaced to
Page 28 of 42
reduce "down time".
4.26.3 Patching and Painting
1. It shall be the responsibility of the GTL to restore damaged walls,
ceilings, andlor wall coverings to their original condition.
2. The quality of workmanship shall be "Type 1 - Recommended," as
set forth in the latest edition of the Painting Specifications of the
Painting and Decorating Contractors of America.
3. The quality of patching shall maintain the same fll'e rating as the
original wall or ceiling covering.
4.26.4 Firestopping and Smoke Seals
I. Firestopping includes, but is not limited to, openings in fire-rated
floors and walls for cables, conduits and trays, etc. Firestopping
materials shall conform to ratings as required by local and state
building codes and as tested by nationally accepted test agencies per
ASTM E814 and UL 1479 fare tests.
2. Fire ratings shall be a minimum of one (I) hour but not less than the
fire resistance of the floor or wall being penetrated.
3. Codes and Standards for firestopping materials include:
ASTME814
UL 1479
NFPA 101-88.6-2/2/5 and 6-2.2.8
4. Installation shall conform to manufacturer's printed instructions for
installation.
5. Firestop materials shall be non-combustible silicone elastomer
sealant having a UL Classification as a "fill, void or cavity
material."
6. GTL will submit manufacturer's product data, specifications, and
Page 29 of42
installation instructions to the DOC project leader for review and
approval prior to making any penetrations.
7. All penetrations and accompanying firestopping shall be documented
in writing by the GTL. Such records shall include objects penetrating,
characteristics of the penetration, WId location.
8. Firestops shall be examined by DOC staff and applicable Code
authorities prior to closing in work.
9. Firestopping of new penetrations shall occur by the end of each
working day.
4.26.5 Security
I. The work comprising this ITS will be perfonned at DOC facilities.
GTL and subcontractors shall comply with the following special
working conditions.
2. GTL WId subcontractors must be cleared for security access by DOC.
3. GTL shall check in with DOC security daily. GTL shall follow all
DOC security rules.
4.26.6 Safety
1. GTL shall comply with Federal, State, municipal, and OSHA laws,
rules, regulations, WId code requirements.
2. GTL shall be responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with performing
services. GTL shall take all reasonable precautions for safety of, and
shall provide all reasonable protection to prevent damage, injury, or
loss to, (1) all employees providing service and other persons who
may be affected thereby, (2) all materials and equipment to be used in
providing the services, and (3) other property at the site or adjacent
thereto.
Page 30 of 42
3. GTL also shall take necessary steps to ensure that required fire
fighting apparatus is accessible at all times. Flammable materials
shall be kept in suitable places outside the building.
4. The GTL must comply with all DOC requirements for facility access
including tool control, background checks and dress code.
5.0 TERMS AND CONDITIONS
5.1 Entire Agreement
This Contract, including referenced attachments, represents all the terms and conditions
agreed upon by the parties. No other understanding or representations, oral or otherwise.
regarding the subject matter of this contract shall be deemed to exist or to bind any of the
parties hereto.
5.2 Implementation Schedule
GTL is required to adhere to all of the requirements contained herein. If GTL does not
meet the requirements, regardless of cause or fault, GTL will be in default, and the State
may terminate the Contract under the termination provision contained below.
5.3 Mandatory Requirements
The use of the terms "shall", "must" or ·'will" (except to indicate simple futurity) in this
contract indicate a mandatory requirement or condition. The word "should" or "may" in
this contract indicates desirable attributes or conditions and are permissive in nature.
5.4 Employment Taxes
Each party will be solely responsible for reporting, withholding and paying all
employment related taxes, payments and withholdings for its own personnel. This
includes such items as Federal, state and local income taxes. social security,
unemployment and disability deductions, withholdings, and payments. It also includes
such items as any interest and penalties not disputed with the appropriate taxing
Page3! of42
authority.
5.5 Sales, Use, Excise, and Property Taxes
DOC is exempt from any sales. use. excise. and property tax. To the extent sales. use.
excise. or any similar tax is imposed on OTL in connection with the ITS. such taxes will
be the sole and exclusive responsibility of GTL. OTL will pay such taxes. together with
any interest and penalties not disputed with the appropriate taxing authority. whether they
are imposed at the time the services are rendered or a later time.
5.6 Subcontracting
GTL may engage subcontractors to perfonn portions of the Contract after receipt of
written approval of the Department of Corrections. All requirements of GTL in the
Contract will also be required of the subcontractor.
GTL will be solely responsible for payment of its subcontractors and any claims of
subcontractors for any failure of GTL or any of its other subcontractors to meet the
performance schedule or performance specifications for the ITS in a timely and
professional manner. GTL will hold the State and DOC hannless for and will indemnify
the State and DOC against any such claims.
GTL will assume responsibility for all goods and services (Deliverables) required under
the Contract whether it. a subcontractor. or third-party manufactw'er produces them in
whole or in part. Further. DOC will consider GTL to be the sole point of contact with
regard to contractual matters. GTL will be fully responsible for any default by a
subcontractor. just as ifGTL itself had defaulted.
If GTL uses subcontractors. each subcontractor must have a written agreement with GTL.
That written agreement must incorporate the Contract by reference. The agreement must
also pass through to the subcontractor all provisions of the Contract that would be fully
effective only if both the subcontractor and GTL are bound by them. Among such
provisions are the limitations on GTL's remedies. the insurance requirements. record
keeping obligations. and audit rights. Should GTL fail to pass through any provisions of
the Contract to one of its subcontractors and the failure damages DOC in any way. GTL
will indemnify DOC for the damage.
Page 32 of42
5.7 Audits
During the tenn of the Contract and for three (3) years after the payment of the final
Commissions due under the Contract, on reasonable notice and during customary
business hours, DOC, the State Auditor's Office, the Oklahoma Department of Central
Services, or their representatives may audit GIL's records and other materials that relate
to the ITS.
All records related to the Contract must be kept in a single location, either at GIL's
principle place of business or its place of business where the work was done. If this is not
practical, GTL will assume the cost of collecting, organizing, and relocating the records
and any technology needed to access the records to GTL's office nearest Oklahoma City
whenever DOC or anyone else with audit rights requests access to GTL's ITS records.
GIL will do so with all due speed, not to exceed five (5) business days.
If any audit reveals material deviation from the Contract specifications,
misrepresentation, or underpayment to DOC, DOC will be entitled to recover damages,
as well as the cost of the audit.
5.8 Equal Employment Opportunity
By signing the Contract, GIL certifies that it is an Equal Opportunity Employer in
compliance with the 1964 Civil Rights Act, Title IX of the Education Amendments of
1972, Section 504 of the Rehabilitation Act of 1973, as amended, and Executive Orders
11246 and 11375. GTL further certifies that all Subcontractors assisting GIL are Equal
Opportunity Employers.
5.9 Immigration Status
Pursuant to Title 25, Sections 1312 and 1313 of the Statutes of the State of Oklahoma,
GIL agrees to register and participate in the Status Verification System in order to verify
or ascertain the citizenship or immigration status of its employees.
5.10 Tobacco Policy
Effective February 15, 2005, all tobacco and tobacco-like products will be considered
contraband and will not be allowed on any of the Oklahoma Department of Corrections
Page 33 of42
properties. Vendors and delivery drivers should call ahead to the destination facility prior
to meetings or deliveries, if you have questions regarding this policy.
5.11 State Personnel
During the tenn ofthe Contract and for one (I) year after completion of the Contract term
and any subsequent renewals. GTL will not hire or otherwise contract for the services of
any State employee involved with the ITS.
5.12 Termination
The State may terminate the Contract if GTL defaults in meeting its obligations under the
Contract and fails to cure its default within the time allowed by the Contract, or if a
petition in bankruptcy (or similar proceeding) has been filed by or against GTL. The
State may also tenninate the Contract if GTL violates any law or regulation in
perfonnance of the Contract, or if it appears to DOC that GTL's perfonnance is
substantially endangered through no fault of DOC. In any such case. the termination will
be for cause. and DOC's rights and remedies will be those identified below for
tennination for cause.
IfGTL fails to cure a breach within 30 calendar days after written notice or if the breach
is not one that is curable, the State will have the right to terminate the Contract.
If the State tenninates the Contract for cause, it will be entitled to cover for the ITS by
using another contractor on such commercially reasonable tenns as it and the covering
contractor may agree. GTL will be liable to DOC for all costs related to covering for the
ITS. GTL will also be liable for any other direct damages resulting from its breach of the
Contract or other action leading to termination for cause.
Any default by a subcontractor of GTL will be treated as a default by GTL. GTL will be
solely responsible for satisfying any claims of its subcontractors for any suspension or
tennination and will indemnify the State and DOC for any liability to them. Each
subcontractor will hold the State and DOC harmless for any damage caused to them from
a termination. They will look solely to GTL for any compensation to which they may be
entitled.
After nine months of the initial contract period. either party. without cause. may cancel
Page 34 of 42
with a ninety (90) day written notice to the other party of its desire to tenninate the
contract.
5.13 Waiver of Breach
No failure by the DOC to enforce any provisions hereof after any event of default by
GIL shall be deemed a waiver of the DOC's rights with regard to that event. Waiver
shall not be construed to be a modification of the terms ofthe Contract.
5.14 ChangeslModifications:
Any modification to the Contract shall be within the general scope of the Contract, will
be evidenced in writing, dated and executed by both GIL and DOC, and will be subject
to final approval by the Oklahoma Department of Central Services.
5.15 Excusable Delay
Neither party will be liable for any delay in its performance that arises from causes
beyond its control and without its negligence or fault. The delayed party will notify the
other promptly of any material delay in performance and will specify in writing the
proposed revised performance date as soon as practicable after notice of delay. In the
event of any such excusable delay, the date of performance or of delivery will be
extended for a period equal to the time lost by reason of the excusable delay. The delayed
party must also describe the cause of the delay and what steps it is taking to remove the
cause. The delayed party may not rely on a claim of excusable delay to avoid liability for
a delay if the delayed party has not taken commercially reasonable steps to mitigate or
avoid the delay. Things that are controllable by GTL's subcontractors will be considered
controllable by GTL.
5.16 Independent Status of GTL
The parties will be acting as independent contractors. The partners, employees, officers,
and agents (personnel) of one party, in the performance of the Contract, will act only in
the capacity of representatives of that party and not as Personnel of the other party and
will not be deemed for any purpose to be Personnel of the other. Each party assumes full
responsibility for the actions of its Personnel while they are performing services pursuant
to the Contract and will be solely responsible for paying its Personnel (including
Page 35 of 42
withholding of and/or paying income taxes and social security, workers' compensation,
disability benefits and the like). Neither party will commit, nor be authorized to commit,
the other party in any manner. OTL's subcontractors will be considered the agents of
GTL for purposes of the Contract.
5.17 Confidential Information
DOC may disclose to GTL written material or oral or other information that DOC treats
as confidential ("Confidential Information"). Title to the Confidential Information and all
related materials and documentation DOC delivers to GTL will remain with DOC. OTL
agrees to treat such Confidential Information as secret if it is so marked, otherwise
identified as such, or when, by its very nature, it deals with matters that, if generally
known, would be damaging to the best interests of the public, other contractors or
potential contractors with DOC, or individuals or organizations about whom DOC keeps
information. By way of example, information should be treated as confidential if it
includes any proprietary documentation, materials, flow charts, codes, software,
computer instructions, techniques, models, information, diagrams, know-how, trade
secrets, data, business records, or marketing information. Such confidential information
also includes police and investigative records, mes containing personal infonnation about
individuals or employees of DOC, such as personnel records, tax records, and so on,
court and administrative records related to pending actions, any material to which an
attomey-elient, physician-patient, or similar privilege may apply, and any documents or
records expressly excluded by Oklahoma law from public records disclosure
requirements.
GTL agrees not to disclose any Confidential Information to third parties and to use it
solely to perform the Contract. GTL will restrict circulation of Confidential Information
within its organization and then only to people in OTt's organization that have a need to
know the Confidential Information to perform the Contract. GTL will be liable for the
disclosure of such infonnation whether the disclosure is intentional. negligent, or
accidental, unless otherwise provided below.
5.18 Ownership of ITS Components
All operating and application software installed and all installed equipment other
than inside wiring shall at all times remain the property of GTL. Inside wiring will
become the property of DOC upon installation, although GTL retains the
Page 36 of 42
responsibility for necessary maintenance, upkeep, and upgrade of such wiring for the
duration ofthe Contract.
5.19 Representations. Warranties and Liabilities
GTL makes the following warranties and representations:
5.19.1 General Warranties
By signing the Contract, GTL warrants that the recommendations, guidance, and
performance of GTL under the Contract will: (1) be in accordance with sound
professional standards and the requirements of the Contract and without any material
defects; (2) unless otherwise provided in the Contract, be the work solely of GTL;
and (3) no Deliverable will infringe on the intellectual property rights of any third
party.
Additionally, with respect to GTL's activities under the Contract, GTL warrants that:
(1) GTL has the right to enter into the Contract; (2) GTL has not entered into any
other contracts or employment relationships that restrict GTL's ability to perform the
services; (3) GTL will observe and abide by all applicable laws and regulations,
including those of DOC regarding conduct on any premises under DOC's control;
and (4) GTL has good and marketable title to any goods delivered under the Contract
and in which title passes to DOC.
The warranty regarding professionalism and material defects is in effect for the term of
the Contract. All other warranties will be continuing warranties. If any portion of the ITS
fails to comply with these warranties, and GTL is so notified in writing, GTL will correct
such failure with all due speed. GTL will also indemnify DOC for any direct damages
and claims by third parties based on a breach of these warranties. DOC agrees to give
GTL notice of any such claim as soon as reasonably practicable and to allow GTL to
control the defense ofthe claim.
If a successful claim of infringement is made, or if GTL reasonably believes that an
infringement claim that is pending may actually succeed, GTL will do one (1) of the
following three (3) things: (1) modify the Deliverable so that it is no longer infringing;
(2) replace the Deliverable with an equivalent or better item; or (3) acquire the right for
DOC to use the infringing Deliverable as it was intended for DOC to use under the
Contract
Page 37 of 42
5.19.2 Equipment Warranty
GTL warrants that equipment provided in connection with the ITS fully complies with all
government environmental and safety standards applicable to the equipment. GTL also
warrants for the term of the contract, from the acceptance date of the equipment that the
equipment will perform substantially in accordance with specifications described in the
Contract.
5.19.3 Indemnity for Property Damage and Bodily Injwy
GTL agrees to indemnify the State of Oklahoma in respect to all damages, expenses,
[mes, judgements and costs, including attorney fees, arising from the negligence, acts, or
omissions of GTL, Contractors agents, subcontractors, and assigns, in connection with
performance of this contract.
Without waiving any defense or immunity, and subject to the Oklahoma Governmental
Tort Claims Act, the State of Oklahoma agrees to bear all expenses, fines, judgements,
and costs, which may arise from any acts or omissions of its officials or employees in
connection with this contract.
5.20 Compliance with Law
OTL agrees to comply with all applicable federal, state, and local laws in performing the
Contract.
5.21 Drug-Free Workplace
GTL agrees to comply with all applicable state and federal laws regarding keeping a
drug-free workplace. OTL will make a good faith effort to ensure that all GTL
employees, while working on state property, will not have or be under the influence of
illegal drugs or alcohol or abuse prescription drugs in any way.
5.22 Conflicts of Interest
GTL agrees that no personnel of GTL may voluntarily acquire any personal interest that
conflicts with their responsibilities under the Contract. Additionally, GTL agrees to not
Page 38 of 42
knowingly pennit any public official or public employee who has any responsibilities
related to the Contract or the ITS to acquire an interest in anything or any entity under
GTVs control if such an interest would conflict with that official's or employee's duties.
GTL will disclose to DOC knowledge of any such person who acquires an incompatible
or conflicting personal interest related to the Contract. GTL will take steps to ensure that
such a person does not participate in any action affecting the work under the Contract.
But this will not apply when DOC has determined, in the light of the personal interest
disclosed, that person's participation in any such action would not be contrary to the
public interest.
5.23 Injunctive Relief
Nothing in this Contract is intended to limit DOC's right to injunctive relief if such is
necessary to protect its best interests or to keep it whole.
5.24 Assignment
GTL may not assign the Contract or any of its rights or obligations under the Contract
without the prior, written consent of DOC.
5.25 Governing Law and Venue
The Contract will be governed by the laws of Oklahoma, and the venue for any action to
intelpret or enforce the Final Contract will be Oklahoma County, Oklahoma.
5.26 Certification Regarding Debarment, Suspension, Proposed for
Debarment, or Declared Ineligible for Award of Contracts by any
Federal or State Agency
By signing the Contract, GTL attests and assures that no employee or any of its principals
performing hereunder:
i. are presently debarred, suspend~ proposed for debarment, or
declared ineligible for the award of contracts by any Federal
Agency
ii. have, within a three year period proceeding this offer, been
convicted of or had a civil judgement rendered against them for:
commission of fraud or a criminal offense in connection with
Page 39 of 42
obtaining, attempting to obtain, or performing a public (Federal,
State or Local) contract or subcontract; violation of Federal or
State antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements or receiving
stolen property.
iii. have, within a three year period preceding this offer, had one or
more contracts terminated for default by any Federal, State, or
Local entity.
iv. are presently indicted for, or otherwise criminally indicted, or
charged by a governmental entity with any of the offenses
enumerated above in this clause.
5.27 Worker's Compensation
GTL is required to comply with applicable Federal and State Worker's Compensation
Statutes. GTL shall provide evidence of Worker's Compensation Coverage (Certificate
of Insurance) documenting coverage from the insurance carrier before the
commencement of any work. Such policy shall require thirty days advance notice of
cancellation be provided to DOC.
5.28 General Liability
GTL shall be required to provide evidence of General Liability coverage (Certificate of
Insurance) documenting coverage from the insurance carrier before the commencement
of any work. Such policy shall require thirty days advance notice of cancellation be
provided to DOC.
5.29 Electronic Information Technology Access CElTA)
Electronic and information technology procurements, agreements, and contracts shall
comply with applicable Oklahoma Information Technology Accessibility Standards
issued by the Oklahoma Office of State Finance.
EIT Standards may be found at www.ok.govIDCS/Central Purchasing
Upon request, GTL shall provide a description of conformance with the applicable
Page 40 of 42
Oklahoma Information Technology Accessibility Standards for the proposed products,
system or application developmentlcustomization by means of either a Voluntary Product
Accessibility Template (VPAT) or other comparable documents.
GTL shall indemnify and hold harmless the State of Oklahoma and DOC from any claim
arising out of GTL's failure to comply with the aforementioned requirements.
[SIGNATURE PAGE FOLLOWS]
Page 41 of42
APPROVED:
Representing Oklahoma Department
of Corrections, as legal signatory:
Representing Global Tel·Link
as legal signatory:
J' e Overstreet
ociate Director
Administrative Services
/J18--o(
Date
1'1. :Jt;o?Date
'-~~
Mike Oakley
General Counsel
Date
'
Page 42 of42
Global Tel*Unk Corporation
RECORDING DISCLAIMER
Company and Premise Provider agree and stipulate that Company has no
responsibility to advise Premise Provider with respect to any applicable law, regulation, or
guideline that may govern or control telephone call recordation or monitoring by Premise
Provider, or compliance therewith. Premise PrOVider has Its own legal counsel to advise it
concerning any and all such applicable law, regulation, or guideline, and compliance
therewith. Company disclaims any responsibility to prOVide, and in fact has not prOVided,
Premise PrOVider any legal adVice concerning such applicable law, regulation, or guideline,
or compliance therewith.
~Iemlse Plbvidei
\
a91665
to ili~liI"'iflt, defeAd, aRe l:\el8 Ge~t13A'I
\
,
~ nd6,S)$ (. alii aliy Iiability;\ claims, o!tlits, Pi oC6edlng!S}~ daffl8!Jes, ees~s, aAs Q~PQR&Q5
(i~I~dl~ atterAel"9 fees). FeJ~~IRg te sRy elalFRs ~a"e ~aIA&t CoR:1PilPV bV an¥' person
I
a c!1"Q
alit of failure
I~QIiAe.
8" f, '
EmISE:\"i oYldei to comply with stich 8~~lIeable law, t'egulatleR er
"
Premise Provider and Company also agree and acknowledge that all call detail
records (CDRs) and call recordings contained In the inmate telephone system equipment
proVided by Company to Premise PrOVider are the exclusive property of the Premise
Provider for the term of this Agreement and any resulting extensions of this Agreement.
AneST:
BV:E) 0\ Bt.wl ~~
Its:
Control #:
_
Inmate Telephone service Agreement
...
.1
to
Global Tel*Unk Corporation
LETTER OF AGENCY
DATE:
_
TO WHOM IT MAY CONCERN:
WE HAVE ENTERED INTO AN AGREEMENT WITH GLOBAL TEL*UNK, CORP., PRIVATE PAY
PHONE VENDOR, TO ACT AS OUR COMMUNICATIONS REPRESENTATIVE WITH:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ {LOCAL EXCHANGE CARRIER}
FOR OUR TELECOMMUNICATIONS SERVICE LOCATED AT (EXACT ADDRESS(ES) OF JAIL
FAOLI1Y(IES) :
UNDER THE TERMS OF THIS AGREEMENT AND BY THIS lEITER, WE DO HEREBY
AUTHORIZE GLOBAL TEL*UNK, CORP. TO DO THE FOLLOWING WHEN REQUIRED
FORGLOBAL TEL*LINK TO FUlFIll ITS OBLIGATIONS UNDERS ITS AGREEMENT TO
PROVIDE SERVICE :
(X) REQUEST DISCONNECTION OF EXISTING COIN TELEPHONES
(X) INSTALL PAY PHONES ON THEIR OWN BEHALF
THIS AUTHORIZATION DOES NOT PRECLUDE OUR ABIUTY TO ACT IN OUR OWN BEHALF
WHEN WE DEEM NECESSARY.
~DGj~~6U.1-PRINTED NAME
TITlE
BUSINESS TELEPHONE
Control #:
_
Inmate Telephone service Agreement
•
i6:
State of Oklahoma
Department of C~ntral Services
Central Purchasing
•
In accordance with 74 0.5. § 85.23, Dorothy E. Cukier
says:
Contract Non-Collusion
Affidavit
• of lawful age, being first duly sworn, on oath
1. (S)he is the duly authorized agent of Global TellOLink Corporation
(vendor), the
contractor under the contract which is attached to this statement, for the purpose of certifying the facts pertaining to
the giving of things of value to government personnel in order to procure said contract;
2. (S)he Is fully aware of the facts and circumstances surrounding the making of the contract to which this statement
is attached and has been personally and directly involved in the proceedings leading to the procurement of said _
contract:
3. Neither the contractor nor anyone subject to the contractor's direction or control has paid. given or donated Of
agreed to pay, give or donate to any OfflCef or employee of the State of Oklahoma any money or other thing of
value, either directly or indirectly, in procuring the contract to which this statement is attached; and
In accordance with 74 0.5. § 85.42.8. the contractor further certifies that no person who has been involved in any
manner in the development of that contract while employed by the State of Oklahoma shall be employed to fulfill any of
the services proVided for under said contract
In accordance with 74 O.S. § 85.41.F.1.• If this contract is for professional services as defined in 74 0.5. § 85.2.25, and
if the final product is a written proposal. report, or study. the contractor further certifies that (s)he has not previously
provided the stale agency Of any other state agency with a final product that is a substantial duplication of the final
product of the proposed contract.
_L~f~
Signature
date
Corporate Counsel-Director of Regulatory
Affairs
Title
Dorothy E. Cukier
Printed Name
State of
County of
VI RbI f,)' {l
~A ,Q. ~A 'f
Subscribed and swom to before me this
_'4
"04
day of __»o:::::;....;:e::;.;;t....;:ti"::..:M:.:..:..:..BoL.:c:=-'~R..=--
• 20 C ~
.
My Commission Expires: 1\. ~O. \0
My Commission Number:
ryo +\ " <4 'l.
Notary Signature
LAllY GRAN' BURNE"
Notary Public
Commonweolth 01 VIrginia
70.19.2
My ~ bplr•• Nov SO. 2010'
DCSIPURCHASING - FORM 003 (06I2007)
PAGE 1 OF1
STAT I'; UI' UI{I.AJ 10MA
DF.P/\I!Ti\'1ENT OF COBBI,;CTIONS
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