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RI purchase Agreement Amendment
'"Re,port
STATE OF RHODEISLAfliD AND, PROVIDENCE PLANTATIONS
OtliE CAPITOL HILL
PROVIDENCE RI 02908 .
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Amendment· Date: 0:?·DEC-10
Original Award Date: 21-SEP-()7
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, 'GLOBAL TEL"LlNK CORp.
2609 CAMERONsT
MOBILE, AL~6607
, Buyer:
J Moynihan "
Phone #:40H74-8119 '
',FOB:
Destinatlon
Terms.: NET 30
Vendor #,30800'
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"Change Order Number
1
Award Number
DOC BUSINESS OFFICE
39 HOWARD AVENuE
CRANSTON, RI02920
United Si\lt,es
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.3048404·
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Effective Period
20-SEP-67~ 19-5EP-13
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DOC BUSINESS OFFICE'
39 HOWARD AVENUE
CRANSTON,RI 02920
United States
INMATE PHONESYSTEM.- DOC
Description
BidN\lmber
INMATE PHONE SYSTEM- DOC
Line #
Cooe
. Class-Item
Chan
e Order Req#
.
DOC-NLL-201 .
UnitUriit Price "
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CHANGE TO PO #3048404 DATEO'9/21/07
CHANGE EFFECTIVE PERIOD: '
FROM: 9/20107 - 9/19/10
TO:. 9/29/07.-9/19/13
AGENCY CONTACT PERSON:
NANCY HIGHAM - 401" 462c 5164
STATE PURcHASING AGENT,
~'
Lorraine A~ Hynes
This NoticeofAward/Purc/las~ Order is issued ir'laccordance with the specificT!lquirements described herein and the State's Purchasing Regulations
and GeneratCor'lditions. b,f Purchase, copies of which are available at www,purchasing,state,rLgov,DeU.ver)iof goods or ~ervices as described herein
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shall tiE!! deemed acceptance of these. requirements' '
'P URe HASES
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Depaltment of Administration
DIVISION OF PURCHASES
FAX # 401-222-6387
RI-FANS
;'c: rr,
PURCHASE ORDER CHANGE FORM
DATE: 11/9/2010
PURCHASE ORDER NUMBER TO BE CHANGED:
(ONLY 1 PURCHASE ORDER PER FORM)
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AGENCY DOCUMENT 1.0. #
DOC-NLL-201
3048404 (Global Tel*Link Corp)
0
NON-DELEGATED AUTHORITY
[8]
TYPE OF CHANGE TO BE MADE
FROM
TO
SUPPLIER NAME (include W-9 FORM)
~~O
LINE ITEM DESCRIPTION CHANGE
(MUST IDENTIFY LINE # _ _)
t7~
DELETE/CANCEL A LINE ITEM
)
(~ IDENTIFY LINE #
REDUCE THE QUANTITY ON A LINE ITEM
(MUSI IDENTIFY LINE #
)
CHANGE ACCOUNT NUMBER
(MUST IDENTIFY LINE #
)
N/A
N/A
\..../
BLANKET/CONTRACT CONTROL VALUE CHANGE
CANCEL ENTIRE PURCHASE ORDER
(give justification/reason below)
DYES
9/2d/2010
0
~~ d .V~I
yv'
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9/19/2013
N/A
N/A
REASON/JUSTIFICATION: Extend the PO Award for the inmate phone system. We are utilizing the first of
two additional three year terms. see Attachment A (orig svcagreement reference. # 2. Term section) and
Attachment B (new 5-pg. 3-yr Contractual Agreement). Thank you.
CONTACT PERSON:
Nancy Higham (LeFort)
AUTHORIZED AGENT:
Dot Wiencis
PRINTED NAME
~ ~~:~
I"') :
LT""'\I~--'\
') '--
DELEGATED AUTHORITY
BLANKET/CONTRACT DATE CHANGE
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PHONE NUMBER:
462-5164
SIGNATURE
DTHIS FORM DOES NOT APPLY FOR ADDING A LINE ITEM OR INCREASING A QUANTITY OF AN
EXISTING LINE ITEM. A REQUISITION MUST BE CREATED IN IPROCUREMENT.
Global Tel*Llnk Corporation
RECE\\}ED
GLOBAL TEL*LINK CORPORATION
~UL 0 ~ 1\\\\\
B\JS\~tSS OfHCE
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2609 Cameron Street
Mobile, Alabama 36607
Tei. 251 479 4500
Tei. 800489 4500
. Fax 251 375 2049
Web http://www.globaitellink.com
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INMATE TELEPHONE SERVICE AGREEMENT
This Inmate Telephone Service Agreement ("Agreement") 'Is made by and between
Global Tel*L1nk CorporatIon, havIng Its principal place of business at 2609 Cameron Street,
Mobile, Alabama 36607 ("Company") and Rhode Island Department of CorrectIons, havIng
Its princlpal place of bUsiness at 40 Howard Avenue, Cranston, RI 02920 ("PremIse
Provider") .
1. Reference. This agreement relates to a State concessions award under RFP
#7003587. Except where otherwise stIpulated in thls'document, the partIes agree to
pany'S-FesPOA~
abide by the provIsIons of the RFP a
2. Term. ThIs Agreement shall be In effect for three (3) years, beginning on August 1,
2007. This Agreement may be renewed, at the dIscretion of the Premise Provider, for
two (2) additional three (3) year terms.
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3. Equipment. This Agreement applies to the InstallatIon, management, operation and
maintenance of Inmate telephones, enclosures, and related equipment furnished by the
fife
Company as listed on Exhibit A at the time of execution of the Agreeme t 0
erm 0
Is Agreement, whether ex sting, new y nstalle or renovated, located at varIous
correctlonal'facilltles on the John O. Pastore Government Center In Cranston RI (Facility)
and all other facilities under the control of Premise ProvIder.
Tl)e term "Equipment" Is defined herein as the, Inmate telephone set(s) and related
equipment, Including but not limited to guard posts, concrete pads, mast poles, and site
-preparatton. Where guard posts, concrete pads, enc1.osures, pedestals, bumper pads, or
other property of the Company are Installed upon the premises owned or controlled by
Premise Provider or any of Its agencIes or affiliates, such property shall remain In al\'
respects that of the Company. The Company reserves the rl ht to remo e or relocate
d or evenue 0
equipment Which Is subjected to recurrln vandalism or Insufficient tra
warrant the con nua on of service. The Company shall not exercise such a right of removal
or relocation unreasonably. The Company will notify the Premise Provider In wrIting of its
Intention to remove or relocate prior to such action. Upon removal of equipment by the
Company, the Company shall restore said premise to Its original condition, ordinary wear
and tear excepted. However, the Company shall not be liable for holes placed In walls,
pillars, or floors or other conditions on the remises which resulted from the proper
lOS a a on 0 e u men
escn
e el . The Premise Provider may not make alter~lons
or at~achments to the Equipment provided under this agreement, unless otherwise mutually
agreed upon byall.parties.
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4. Services. At no cost to the Premise PrOVider, the Company shall provide all
management services necessary to Implement this Agreement; and shall be responsible for
Control #: _ _ _ __
Pag.e 1
Inmate Telephone Service Agreement
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STATE OF RHODE ISLAND ~ DEPARTMENT OF CORRECTIONS
Contractual Agreement Addendum
This Contractual Agreement Addendum ("Agreement"), made and entered by and
between the State of Rhode Island, Department of Corrections (hereafter called
"DOC'), and Global Tel*Link Corporation, having its principle place of business at 2609
Cameron Street, Mobile, Alabama 36607, hereinafter called "the contractor", is a
supplemental document to official state purchase order 3048404, and relates to the
contractor's response to State Solicitation RFP 1752 and the implementing contract
under that solicitation dated August 8, 2007.
1. TERM: This agreement will begin on September 20, 2010 and end on September
18, 2013, unless dictated otherwise by the purchase order/price agreement
whichever is later.
2. SCOPE OF SERVICE: The contractor will carry out its obligations in accordance
with the specification(s) in RFP 1752, the contractor's response to RFP 1752, and
the August 8, 2007 contract between the parties (collectively, the "Implementing
Documentation"). Such terms and conditions will remain in effect which includes,
but are not limited to:
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The provision of inmate telephone services based upon rates as outlined in the
contractor's response to RFP 1752 and PO 3048404.
3. RECORDS I REPORTING REQUIREMENTS:
a. The contractor agrees to keep and maintain a record of time spent in performing
the services required and to present such records to the contract manager upon
request.
b. The DOC or its authorized representative(s) shall have the right at all times to
inspect the work performed or being performed under the terms of this
agreement as well as the places where such work is performed, and to that end,
such representative(s) shall be given access to all activities related to this
agreement. The contractor recognizes that any reports, forms, or other reporting
documents produced under the term of this agreement shall remain the property
of the Department.
c. Specific reports required by this contractor includes: monthly totals of calls by
facility and type, including the revenue received. Other reporting requirements
may be identified by the Department at which time the contractor shall provide
reasonable steps to satisfy such requirements.
These reports will be submitted to the contract administrator:
James Vierra, Warden
39 Howard Avenue
Cranston, RI 02920
Tel#: (401) 462-0670
FaX#: (401) 462-0077
E-Mail Address: James.Vierra@doc.rLgov
4. APPLICABLE LAWS A STATE POLICIES:
a. The contractor agrees that while engaged in carrying out and complying with the
terms and conditions of this Agreement, he/she is not an employee within the
classified, unclassified, or non-classified service of the State as defined in the
Merit System Law, RI.G.L. 36-3-1 and following, and R.I.G.L. 36-4-1 and
following, but instead, the contractor is providing services on a limited contract
basis. The contractor also agrees that he/she is entitled to no benefits of any
kind, to include but not limited to, vacation, sick leave, overtime, seniority, union
membership, personal days, jury leave, medical insurance (to include dental and
ophthalmology benefits), life insurance, military leave benefits, retirement
benefits, separation benefits, and any other benefit normally given to employees
of the State of Rhode Island. For the purpose of this contract, the only
contribution of any kind that shall be made by the State as the employer shall be
those that are required by Federal or State statute. All other contributions are
the sole and exclusive responsibility of the contractor. No promises of any kind
have been made as to any renewal of this contract. This contract is for
professional and administrative services, and as such, unless required by law,
there shall be no overtime paid for any function associated with this contract.
b. Criminal Background Check: The contractor, <its agents, employees, or
partners,> who will work within the correctional institutions are subject to a
criminal background check. A criminal record, including pending criminal
charges, may be grounds for rejection. The contractor must complete required
DepartmE)nt security training, which will include a police records check. The
Department retains the right to refuse entrance to the contractor with felony
convictions, pending charges, misdemeanor drug convictions or who are on
probation. Access to correctional facilities requires adherence to rigid security
rules as far as property search, contact with inmates etc. Final approval of the
contractor rests with the Department of Corrections.
Neither the contractor nor its agents, employees, or partners shall be deemed to
be an employee, agent, or servant of RIDOC. The contractor will be solely and
entirely responsible for its acts and the acts of its agents, employees, servants,
subcontractors, partners and volunteers during the performance of this
Agreement.
c. Anti Discrimination: No person shall, on the grounds of race, color, sex,
religion, handicap, age, or national origin, gender, or sexual orientation, be
excluded from participation in, denied the benefits of, or. be subject to
discrimination under the terms of this agreement. The contractor agrees to
comply with the provisions of Title VI of the Civil Rights Act of 1964, Section 504
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10~r~i~f0,IITe(~, Corr~9tloQ"~~g~~~~~g,fd m~"'Gi8§,~~ .!7IJLn,Kf:~re:,AWClf9 ~3'q~~~9jji~f('
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of the Rehabilitation Act of 1973; Executive Order No. 85-11 on Equal
Opportunity and Affirmative Action, Americans with Disabilities Act, 42 U.S.C.
12101, et. seq.; Age Discrimination in Employment Act, 29 U.S.C. 620 et. seq.;
Portal to Portal Act, 29 USC 250 et. seq.; the Fair Employment Practices Act,
R.i. G.L. §28-5-1; the Equal Pay Act, 29 U.S.C. §201, et. seq.; the Civil Rights of
People with Disabilities Act R.i.G.L. §42-87-1, et. seq.; the Family Medical Leave
Act, §28-48-1 et. seq.; Fair Labor Standards Act, 29 U.S.C. §201 et. seq.; Merit
System Act, R.i.G.L. §36-4-1, et. seq.; and all applicable rules and regulations
issued thereunder. The contractor further agrees to safeguard information in a
manner that reasonably guarantees confidentiality.
d. Drug Free Workplace: The contractor agrees to comply with the Department's
policy on a Drug Free Workplace. Copies of the policy and its requirements are
. available at the DOC's Human Resources Office.
e. Security Provisions: The contractor and any employee of the contractor are
subject to the security provisions of DOC's Policy and Procedure #9.40-3,
"Procedures for Contractors at Institutional Facilities" (or subsequent version of
policy), which is attached and is considered part of this agreement.
f.
Civil Rights Requirements: The contractor shall submit a Certification of
Compliance with applicable civil rights laws and regulations. These laws and
regulations relate to issues concerning Equal Employment Opportunity, Limited
English Proficiency and other anti-discrimination laws. Submission of an Equal
Opportunity Plan may also be required.
g. Health Insurance Portability & Accountability Act (Privacy Act): To the extent
this Agreement contemplates the contractor handling or having contact with
Protected Health Information (as defined under the Privacy Act) the contractor
agrees to not use or disclose Protected Health Information other than as
permitted or required by the Agreement or as Required by Law. The contractor
agrees to use appropriate safeguards to prevent use or disclosure of the
Protected Health Information other than as provided for by this Agreement. The
contractor agrees to provide access, at the request of the covered entity, to
Protected Health Information within five (5) days of request. The contractor
agrees to document disclosures of Protected Health Information and Information
related to such disclosures as would be required for Covered Entity to respond to
a request by an Individual for an accounting of disclosures. The contractor
agrees to comply with the "Privacy Rule," further defined as the Standards for
Privacy of Individually Identifiable Health Information at 45 CFR part 160 and
part 164, subparts A and E.
h. Report of Political Contributions: Any vendor who obtains a State contract in
writing or purchase order to provide goods and/or services, and whose charges
to the State exceed $5,000 or more; or upon payment to a contractor being
made in excess of $5,000 in any State fiscal year, is required to file a form
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declaring the vendor's political contributions in excess of $250 to candidates for
State offices or the General Assembly. Upon payment to a vendor being made
in excess of $5,000 year-to-date, vendor will receive from the Department of
Administration a form prepared by the Secretary of State upon which to make
such declaration. The contractor must immediately file an "Affidavit of State
Vendor". The vendor shall update said form as future political contributions
subject to this reporting requirement are made, consistent with the schedule for
such reporting imposed by the Board of Elections. Failure to fill out or update
said form accurately, completely and in conformance with its terms, or to file it
with the Secretary of State within 60 days of receipt, will amount to a violation of
these terms and conditions and may render the vendor ineligible for further State
contracts.
L The contractor agrees to all applicable provisions of Title 37, Chapter 2 of the
General Laws governing purchasing by the State of Rhode Island, the
regulations adopted pursuant thereto, all other applicable provisions of said
General Laws, and the General Conditions of Purchase which is available at
www.purchasing.rLgov.This agreement is subject to applicable provision of
Rhode Island General Laws §37-2 (State Purchases) and §42-11.1 (Prompt
Payment by Department of Administration), which can be reviewed at:
http://www.rilin.state.rLus/Statutes/Statutes.html.
5. WORK PRODUCT: All call recordings, and call detail records and similar type
reports produced by the contractor for the State under this contract, are or shall
become and remain the property of the State of Rhode Island.
6. TERMINATION: The State can terminate or reduce the contract if applicable
federal funds or appropriate general revenues supporting this activity has been
reduced or eliminated. The contract may be terminated for any other reason upon
10 (ten) days written notice by either party. Upon termination, the contractor shall
be paid for work satisfactorily completed prior to the date of termination.
7. ENTIRE AGREEMENT: This Agreement contains the entire understanding between
the parties hereto and supersedes any and all prior agreements, understandings
and arrangements between the parties relative to the subject matter hereof except
for the Implementing Documents, which are incorporated herein by reference. No
amendment, change, modification, or alteration of the terms and conditions hereof
shall be binding unless in writing signed by both parties.
8. GOVERNING LAW: This Agreement and the rights and obligations of the parties
hereunder shall in all respects be governed by the substantive law of the State of
Rhode Island including all matters of construction, validity and performance, but
without giving the effect of choice-of-Iaw or conflict-of-Iaw principles.
9. VALIDITY: This Agreement is valid only with applicable State purchase order or
price agreement. Where conflict exists between this Agreement and the purchase
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order, the purchase order takes precedence.
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed
by their duly authorized representatives, within the parameters identified above.
FOR THE CONTRACTOR:
Global Tel*Link Corporation
12021 Sunset Hills Road, Suite 100
Reston, Virginia 20190
BY:
~
Signature of officer or delegated official
Date
Jeffrey B. Haidinger
Name, printed or typed
President, Services
Title
FOR
F RHODE ISLAND, DEPARTMENT OF CORRECTIONS
\\.~. \\)
BY:
Date
111 3
BY:
Date
I
Legal Counsel
Assistant Director
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c=:J,
Financial Resources ~I tI
S:\FinRcs\Shared\Conlracls & RFPs\Contracls\GTL Telephone contract addendum - 09-20IO.doc
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NotiC~"Of COl1tractPurChaSeAgreement."
Page 10f1
~l~Tio~FH~~oDE IS,lJ\NDAND PRovIDENcE; PLANTATIONS,
PROVIDENCE RI 02908
,N
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30800
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,MOBILE, AL 36607
Award Number
3048404 ,
21-SEP-07
"Buyer: . J Moynihan
Shipping: 'Paid'
Terms': NET30
Date;
DOC BUSINEOSSOFFICE
39 HOWARD AVENUE
CRANSTON,RI02920 '
' United States:
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Requi,sition
Department
, Effective. Period:
. 20-SEP-07 -19-qEP-10
DOCBUSINESSOFFICE'
39 HOWARD AVENUE '
CRANSTON,RI 02920 .
Ul]lted States'
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Biq NU'!Iber '
Requisitjon~ ..
Number
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1034224.'
DOC "
9/2010L;~9119/10
. WITI-j THE OPTION TO RENEW FOR TWO (2) ADDiTIONAL YEARS,
'INSTALLATIONAND MANAGEMENT
OF,~IDOC INMATE PHONE SYSTEM, .. '
",PER THEATTACHED "INMAT,ETELEOPHONE
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SI;FMCEAG~EE:MENT.;')
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,SUPPLIER TELEPHON'E # (251 y4ig-4500.or (800)4e9~4ti6o
SUPPLIERFAX# (251) 37~~2049,' . "
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-r:hisNotice of Award/Pui'chas~ Order is is~ue4:iri accordance irith the specific requirell1.ents described herein and fue State'~ Purcha~ing
Regulations and Geheral.Conqitiol)s of Purcl!ase, copie~ of whichare available atwww,purchasirig.ri.gov,DeliverYof goods. or services
as -described herein shall be deelI}¢d acceptance of these, requiremellts,.
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Contract Pm:ch~e Agreement. 3048404
State pfRhode IsJand
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, ; PURCHASE ORDER STANnARD TERMS-AND CO,
,NDITIONS
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'TERMSAND CONn'ITIONS FOR THIS PURCHASE QRnER.:,
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, EQUAL'OPPORTUNITYCOlVJl>LIANCE
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.rIDS ANQT!{::E'OFAWARD,NOTANORpER.,Ail§ quaiititYrefetencei#th~ iigreeIl'!ent or'inthe, '
.bidprecedi!lg ,itate estimates,only'and 40 notrepresellt a com,mitmeIltorithe part ofthestafe to any level,
, ,ofbillirr!!a~tivity', otjler than fotq,uaqti~¢s ,or volumes specifically r~Ieasedduring the tenn: No action is to
, ,'be takenexgept as specificij.lly aqtlioriz;ed"as ,described ,herein undyr,AUTl{QRIZAnON AND R'j3LEASE.
ENTIRE AGltEEMENT - This NOTICE OFAWARb, with all, attachin~nts"and any reI¢ase(s) against it
shall be subject t6: (1) the specifiqations, terms lllld ccinditionSset forth 4\ th~ ReqQest/Bid Number cited
,herein, (2) the General Terms and Conditipnsof Contrac~ for the State of Rho~e Xsiand aJid (3) ali . '
, ,provisiOlis, of, arid the RUles and Regll.lationS promulgated pur~UaIlt to, Title 37,Chapter 2. oIthe: GeneriLl
,". biw~ of the State of Rhode Island:This NOTICE ~haUcon,stitute ilie cntireagreeniellt betWeen the State of .' ,
. Rbod~ Island an4 the Vend(jr~ No assigrimerit ofrights'orrespo~ibilitY will be pe¢litte~ex~eptwiththe . '.' .
. 'expre~s\vrittenpennissioll of the State Purchasing'Agehtbr his ,desigilee~ CANCELLATION".. , . "
'TERMrNATIONand EXTENSION~, TlUs}>dce Agreement shaIlautomancalIy tenriinate ~ of the ,date(s) .
. descnbedtmder GClNTRACTPERlOQ unless.this J>nce Agreementis alteredbyfQrmafamendment by·the ..
Sta~e Pyrchasing Agent or his designee up6nmutual agt~emerit between the ~tateai1d the .'vendor. '
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,'PARTrAL'ORPROGRESSPAYMENTSMAYBEMAnR
PAYMENt WrLLBE AUTHORIZED
~~~~~t~:fR~c;~~ii::Y~EA:~~R~~~~~~gNo~~~~g1F: .
A PROPERLY SUBMJTIED INVOICE ..
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.... MuLTlYEARA,WARD
. '. THISISAMuLTi-YEARJ3ID/CONTRA.CT.PER,RHODEISLANDSTATE tAW 3i,2~33{ .. ,
CONTRACT OBLIGATIONS BEYOND THE CURRENT FISCAL YEAR ARE SUBJECT TO .
AV AltABIUTY ()~ FUNDS.CQNTiNUATIQN OF .'fID3 C0N'fRAC~BEYONJ)
.FISCAL YEARWILL.BEATTHEDISCRETIONOFTHE·STATE.TERMINATIONMAYBE·
EFF:EcrEDJ3YhiE'sTATE13ASl?DtJpO~riETER.MooN9,~A~foRSSUCHAS , . '
. UNSATISFACTORYPERFoRMANcE.OR THEDETERMINArIONBYTHESTATETO'
DIscomiNuE TIIE.G09DS/~~E.VicES;OR1:0REyrSE . rHESCOPE ANDNEED,FO:RTHE TYPE
OF GOODS/SERVICES; ALSO)v1ANAGf:ly1ENT OWNE,RDETERMINATJ:ONSTHAT MAY"
PRECJ)lIT)E rIm NEED FOR,I:JOODS/8.ERVIGES..
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AUTH()RIZATION AND RELEASE ..
In, n? event shalfthe Vendor d~livergoods or provide servic~Unti1suchtill1e as. ~ qulyauiliorizedrel~ase
:document is 'gertified by the brdering Agency. A pirect I'Urchase. O(der (PPO) shall becr~a,ted. by the
.
~gency iistil?-g the. items oJ:'dered, l;lsfug the pricing~d format set forth in the Master Blahlcet· .All pr;ic:irig·.
sha,lI be as descri~ed ip. tJ:1e Master Blanket and is considered, tobe ,fixe,d ~d.' finn for the. tyrm of the ." . . .
Agteement,uniessspecifically noted to tile contrary her(:in,. AU prices include prepaid freiWt. Frf<ight,
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State ofRhode Island '
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.' Ccmtract Purchase AgreeID~nt _ 30,48404 "
_t~esl_ s.Urcharges, Of other additional ohargeswiHn~tbe honore,dunless reflected i~MastetBranket:·
CAMPAIGNFINANCE COmLIANCE
OR
A'r
, EvERYPEksoiiORBUSINESS ENTITYPROVIDlNGGOODS
SERVICES
A COST OF '.
$SOOOCUMULATED VALUE IS REQUIRED to FitE AN..t\~FFIDAVITREGARDING POLITICAL
'. CAMPAH:rN CONTRIBUTIONS WITIIum RISTATE BOARJ)OF ELECTIONBEVENIF NO .
REPORTABtECAMPAIGN CO~UTIQNS,HAVE'~EEN MADE. (1U G;ENERAL LAW 1:1-27) .
.', , FOEMS OBTAINEDATBOARD OFELECTlONS,.CAMPAIGNFlNANCEDIVISION, SO BRANCH
AVENUE PRQymENCE 029Q4(40 1-222~f056). ,
. . . . . . . . , ' . '.
TERMS AND CONDI'flONSOF J?RrCrN<:;AGIU:EMENT
SCOPE .100) ,LIMItATIONS - This Agreement co~ers requirernents' asdescrih,ed herein. ordered .by
.' Statea:~encies durin~ theA~reement Period; No additional or alternative requiremenfs are:covered. unless
.addedto 'the Agreerrtentbyfonnal amendtDent by the StatePufchasing Agent or his designee. . .
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'TJnder Stat~Pur~hasihgLaw, 37-2-'54,no pu,ryhase otcontract shaH be binding ~n the ~tat~ orany agency .
thereof unless approved by the, departmenf [ofadministration]or D,1ade under gene~al regUlations which the
, chief purchasing o{ficermay prescribe. Under State,PufchasmgRegulati6n8,2: L 1.2, !)nyaIleged oial," . .
· c.' agr~emerit or alJahgementsn,1i1de, by a bidder ,or contractor with all:y~gericy qf im employee,ofthe Office of .
PiliCl1ase£; m.aybedisregardeq.and shallnot,beoinding'9nt11estate~ . '.,
.... '.' , "
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PROD UCT ACCEPTANCE :- Allmetchahdise ~fiered or otherwise p~()Vided shall be new, of prime ,...... .
D,la,nufacture,andoffrrstqualify unless otherwise specified by th~State.,!he State reserves theiighf to. '
, ., ~ reject aH nOn(mtiforininggoods,ahd t09alisetheir returnfdf Cff<rut o'r replllceD,lent;, at theStateisoption...
'a), .,Failuieby the st~te to discoveiIatenfd~fect(s) 6rqohcealed damage or no#-c<;mformance ,shaUnot' .
. foreclosetheS)Ate'srighttq sub~equently~eject the gbbdsinquestiori..
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Fonnalor miormal ac(;eptance by the Stateohion.:corifoimini go~ds' shaUhot constitute a.
pr~ederitfor silcciessiye rec~ipts'orpioc~eIhents.·
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, ';where the vend~r fails. to, cure the defect pto.mptly or repla9~ the. goods;. the State reserves the right to .
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caqcel the Release,contract w.ith a. cliffetenf vendor,~d, to invpice'tJ!e original' vendor for any diffetential·..
in price ov~rthe original cop.tractPrice;.,
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ORDER AlITHO'RIiATIONAND RE~EASEAGAlNSTPRICINGAGREEMENT '
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In; no even.t sh~llth~ yeiHiord'elivergo~ds'orpro~id~serviqe until such tlO?-e asa Ciulyauthorized
re.e!l:s~ dOl;umeniis certified b~ th~orderin~ Agency."
'.'
~State'Agencies shall 'request release'as follows: All releases' shali reference the Piice .Awbemerit number,
the Contra6t Issue number; theitem(s) ,covered: and the unit priCin~in the same format a~des6nbedherein.
· . A Depar1!nentP~chas.e. qrd~t c PO)lL<;6Dg ,the. items or~~~ed s~~ll.l>e cr~atedby the agency: Theag~n~y
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: _ inay mail or,fax acopy ofthe orqer to the Vel.ldor.,In spine casestheagehcy may r~quel>t de,livery by .,
.. ' ctelephone,but mustpioyide:the Vendor with ,~ DPO Or,derNu.mberrefererice for billirig purposes: Vendors
.are~ncouraged to require wr~ttenorders., to assure paymentS. are processed Ilccur1l:te}y anfi prOlpptly. " .
,. ,
DELIVERY, If this is an MPA,cVendorwillob~iri "ship: to" information from each' participating , .
.agency.c,ThisiIlfonpation w~ll' b,e contained in the DPO. "APA deli ireryinfoll11ation will be ccintained intlJ.e
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:Notice'ofAward..'
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PRICING'.- All pricing sl1all asdesc;ribeqh~rein,and is:cons;dered'to befixedIDldfirinfo~ the't~tmof
the Agreement; up.less·spe.Cifipally noted to the contrary herein. All pric~sinclude prepaid fl-eightFreight, ..
· taxes, surcharges,or othyr'additibIlal charges will 'notbe honored unless'feflected herein. ' ;'.' "
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be
. INvOICING cAlUnvoic~s .¥aU teferenc~ ilieDPO O~derN~ber(s)~.Price A,gr~~mentnumber, the .
. ConttactIssue n~ber,theitem{s) covereci,' and the unit pricing in the same formata~ described herein.Jf·
· this is an MPA, Vendofwil~ obtain,nbill to" IDforination from each p,¥Hcipating ag~ncy, This infQrmation·
willbe'contained,inthepPO. AP~billinginfol1Ilation will becqntainedin the'Notice,cifAw'ard; '.
" .PAYMENT ~. invoic~s [pri te¢s 110t re~eived, .notpriced. according to .cqntractOJ::. for -Work not
perfonnedwill not b~ horiored. NopayD,1ent will be processed to any vendor·for whointhere is no IRS
W-9 On filewitli the State Controlier.
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Global Tel*Llnk Corporation
GLOBAL TEL*LINK CORPORATIOI\J
2609 Cameron Street
Mobile, Alabama 36607
Tel. 251 4794500
Tel. 8004894500
Fax 251 3752049
Web http://www.globaltelJink.com
INMATE TELEPHONE SERVICE AGREEMENT
This Inmate Telephone Service Agreement ("Agreement") is made by and between
Global Tel*Link Corporation, having Its principal place of business at 2609 Cameron Street,
Mobile, Alabama 36607 ("Company") and Rhode Island Department of Corrections, having
Its principal place of business at 40 Howard Avenue, Cranston, RI 02920 ("Premise
Provider").
1. Reference. This agreement relates to a State concessions award under RFP
#7003587. Except where otherwise stipulated in this document, the parties agree to
abide by the provisions of the RFP and the Company's response to that RFP.
2. Term. This Agreement shall be in effect for three (3) years, beginning on August 1,
2007. This Agreement may be renewed, at the discretion of the Premise Provider, for
two (2) additional three (3) year terms.
3. Equipment. This Agreement applies to the installation, management, operation and
maintenance of inmate telephones, enclosures, and related equipment furnished by the
Company as listed on Exhibit A at the time of execution of the Agreement or during the
term of this Agreement, whether existing, newly installed or renovated, located at various
correctional facilities on the John O. Pastore Government Center in Cranston RI (Facility)
and all other facilities under the control of Premise Provider.
TlJe term "Equipment" is defined herein as the inmate telephone set(s) and related
equipment, including but not limited to guard posts, concrete pads, mast poles, and site
preparation. Where guard posts, concrete pads, enclosures, pedestals, bumper pads, or
other property of the Company are installed upon the premises owned or controlled by
Premise Provider or any of its agencies or affiliates, such property shall remain in all'
respects that of the Company. The Company reserves the right to remove or relocate
equipment which is subjected to recurring vandalism or insufficient traffic and/or revenue to
warrant the continuation of service. The Company shall not exercise such a right of removal
or relocation unreasonably. The Company will notify the Premise Provider in writing of its
intention to remove or relocate prior to such action. Upon removal of eqUipment by the
Company, the Company shall restore said premise to its original condition, ordinary wear
and tear excepted. However, the Company shall not be liable for holes placed in walls,
pillars, or floors or other conditions on the premises which resulted from the proper
installation of equipment described herein. The Premise Provider may not make alterations
or attachments to the EqUipment provided under this agreement, unless otherwise mutually
agreed upon by all.parties.
4. Services. At no cost to the Premise Provider, the Company shall provide all
management services necessary to implement this Agreement; and shall be responsible for
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Inmate Telephone Service Agreement
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Global Tel*L1nk Corporation
furnishing, installing, repairing and servicing the Equipment; the establishment (if and to
the extent required by the Company) and compliance with al/ tariffs and all rules,
regulations, orders and policies of federal and state regulatory authorities applicable to the
payphone and automated operator services provided by the Company; the establishment
and maintenance of all billing and payment arrangements with the local and interexchange
carriers; the processing of all telephone call records; the performance (alone or through
others) of all validation, billing, outclearing and collection services; and the handling of all
billing and other Inquiries, fraud control, and all other services essential to the performance
of the Company's obligations under this Agreement. The Company reserves the right to
control unbillables, bad debt and fraud.
5. Rates. The telephone rate structure and surcharge rates, as indicated below, shall
not exceed the maximum rates as authorized by the state's telecommunication regulatory
authority and the Federal Communications Commission (FCC). Rates do not include taxes
and tax related surchargesi credits; billing and billing recovery fees and any amount the
Company col/ects for, or pays to 3rd parties, including, but not limited to payments in
support of statutory or regulatory programs mandated by governmental or quasigovernmental authorities such as the Federal Universal Service fee. Any rate changes
mandated by the state/local regulatory authority and/or the FCC which adversely affect this
Agreement shall entitle the Company to, at its option, renegotiate or cancel this Agreement
in accordance with Paragraph 18 below.
GLOBAL TEL*LINK INMATE CALLING RATES
RI DOC Rate Scenarios
------------------------------M
Proposed Collect Option 1
Single LATA State
IntraLata
Local
$0.35 Plus
$0.03 per
$0.35 Plus $0.03 per
minute
minute
InterLata
InterState
$0.35 Plus $0.03
$1.30 Plus $0.30 Per
per minute
minute
$1 MOU
Proposed Collect Option 2
Single LATA State
Local
IntraLata
InterLata
International
$0.70 Flat
$0.70 Flat
InterState
$1.30 Plus $0.30 Per
minute
$0.70 Flat
Inmate Debit Calling 10% Discount
Rate
Domestic Pre-Paid Card $5.00 Card
International
$1 MOU
$0.50 Per Minute
Until further written notification by the Premise Provider, Company will bill In accordance
with Option 2 above.
6. Records & Confidentialitv. The Company shall maintain records sufficient to
permit proper determination of funds due the Premise Provider. Such records shall be made
available to the Premise Provider for review upon request. During and after the term of this
Agreement, including any renewal perlod(s), the Company shall recognize and protect the
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Inmate Telephone Service Agreement
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confidentially of all information regarding the inmate telephone station location provided by
Premise Provider, Including revenue and remuneration paid to the Premise Provider, and
shall not disclose such information to any party other than the Pr~mise Provider and the
Company, except through the express, written consent of the Premise Provider.
The revenue payment and reporting cycle will be a maximum of 4S days following the
end of the previous month. Both summary and detail reports will be provided. The original
reports and payment will be mailed directly to the Premise Provider. The following
information will be provided for each location by telephone number:
•
•
•
•
Total
Total
Type
Total
Calls
mInutes of use
of ca II
usage and revenue
7. Further Assurances. During the term of this Agreement, including any renewal
period(s), Premise Provider agrees to:
(a}Reasonably protect the Equipment against willful abuse and promptly report any
damage, service failure or hazardous conditions to the Company.
(b}Provlde, at its expense, necessary power and power source, and provide suitable
space, accessible to the users.
(c) Permit reasonable access to its respective facilities without charge or prejudice to
Company employees or representatives, patrons, or consignees.
(d}Premise Provider represents and warrants that he/she has legal authority to enter
into this Agreement and to make all decisions concerning the providing of space and
the Installation and use of the Equipment at the Facility; and agrees that during the
term of this Agreement, including any renewal perlod(s), the Company shall have the
exclusive right to provide inmate and/or payphone service at the Facility provided,
however, that the Company may choose not to exercise this exclusive right.
(e}Durlng the term of this agreement, Premise Provider agrees It will not allow other
pay telephones or Inmate telephones to either remain or be installed at the facility's
property. This is to Include any additional inmate telephones required to facilitate
Premise Provider's expansion at it's present or future locatlon(s) during the term of
this Agreement and any extensions of this Agreement.
8. Title.
Title to Equipment hereunder shall be and at all times remain In the
Company.
9. Relocation. Equipment shall not be disconnected or moved by Premise Provider
from the location In which it is installed. By agreement of all parties, Installed Equipment
may be relocated by the Company.
lO.Notices.
Any notice, demand, request, approval or other communication (a
"notice") which, under the terms of this Agreement or by law, must or may be given by
either party, must be in writing, and must be given by personally delivering or mailing the
same by registered or certified mail, return receipt requested, to the respective parties as
follows:
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Inmate Telephone Service Agreement
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To Company:
To Premise Provider:
Global Tel*Link Corporation
Rhode Island Department of Corrections
2609 Cameron Street
40 Howard Avenue
Mobile, AL 36607
Cranston, RI 02920
Phone: (251)
479~4500
Phone:
401-462-0871
Fax: (251) 375-2049
Fax: 401-462-1481
ATTN: Dorothy Cukier
ATTN: Richard Frechette
it.Governinq Law.
The construction, interpretation and performance of this
agreement and all transactions under it shall be governed by the domestic laws of the State
of Rhode Is[and.
i2.Indemnification & Consequential Damages. Each party shall Indemnify the
other from any loss, cost, damage, expense, or liability arising out of the performance of
this Agreement and ca·used, In whole or in part, by the acts or omissions, negligence or
fault, of the Indemnifying party, except to the extent such loss, cost, damage, expense, or
liability arises from the acts of omissions, negligence or fault of the other party; provided,
however, that the Company shall not be liable for interruption of telephone service from any
cause.
Neither party hereunder shall be liable to the other for any consequential or Indirect loss,
including but not limited to loss of profits, telephone or business interruption, howsoever
caused and even if due to the negligence, breach of contract or other fault of the respective
parties. Contractor's liability under this Contract shall In no event exceed the total Contract
value or $500,000, whichever is lesser.
i3.Risk of Loss. The Company and its Insurers, If any, shall relieve Premise Provider
of all risks of loss or damage to the Equipment during the periods of transportation,
installation and operation of the Equipment. However, Premise Provider shall be responsible
for loss or damage to Equipment in its possession caused by fault or negligence of Premise
Provider or its employees. Company will provide Premise Provider with a certificate of
insurance naming the State of Rhode Island as Certificate Holder and Additional Insured.
i4.Default.
In the event any party shall be in breach or default of any terms,
conditions, or covenants of this agreement and such breach or default shall continue for a
period of thirty (30) days after the giving of written notice thereof to any party by the other,
then in addition to all other rights and remedies of law or equity or otherwise, the offended
party shall have the right to cancel this agreement without charge of liability.
is.Assignment. This agreement shall inure to the benefit of and be binding upon the
parties and their respective successors and assigns; provided, however, that neither party
shall assign this Agreement or any interest herein without the other's prior written consent,
except that the Company shall have the right to assign this Agreement or any Interest
herein at any time to any parent, successor, subsidiary, or affiliate of the Company without
the consent of the Premise Provider.
i6.Independent Contractor. The Company acknowledges that it is an independent
contractor and that nothing contained in this Agreement or the relationship of the parties is
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Inmate Telephone Service Agreement
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Global Tel*L1nk Corporation
intended to or shall create a partnership or joint venture or agency relationship of any kind
between the parties. This agreement shall not be constructed as a contract of agency or
employment. Company shall be solely responsible and liable for compliance with all laws,
rules and regulations and payment of all wages, unemployment, social security and other
payroll taxes relating to Company's employees including contribution from such persons,
when required by law.
17.Solicitation. The Premise Provider acknowledges that no officer or employee of the
Company has been employed, induced, or directed by Premise Provider to solicit or secure
this agreement with the Company upon agreement, offer, understanding, or implication
involving any form of remuneration whatsoever. Premise Provider agrees, in the event of
an allegation of substance (the determination of which will be solely made by the Company)
that there has been a Violation hereof, Premise Provider will cooperate in every reasonable
manner with the Company in establishing whether the allegation is true. Not withstanding
any proVisions of this agreement to the contrary, if a violation of this provision is found to
have occurred and Is deemed material by the Company, the Company may terminate this
agreement.
lS.Force Majeure. Neither party to this Agreement shall be responsible or liable to the
other for delays or inability to act or perform their obligations under this contract due to
circumstances, events or acts of others beyond their reasonable control, including, but not
limited to, acts of God, fire, flood, storm, hurricane, tornado, theft of equipment, or changes
in regulatory rules or regulations affecting the ability of either party to reasonably carry out
its obligations under this Agreement. It Is agreed and understood that this Agreement will
be subject to termination by either party upon sixty (60) days notice to the other should
there be imposed upon Premise Provider or Company any rule or regulation by any state,
federal or local regulatory agency which would substantially adversely affect the operation
of the equipment or service§ provided hereunder.
19. Governing Law. This Agreement and the rights and obligations of the parties
hereunder shall In all respects be governed by the substantive law of the State of Rhode
Island Including all matters of construction, validity and performance, but without giving the
effect of choice-of-Iaw prinCiples.
20.Dlspute Resolution. Premise Provider and Company agree that any disputes or claims
ariSing under this Agreement shall be resolved through alternative dispute resolution means
in the following manner:
{a)Initially, the parties shall engage in non-binding mediation. Mediation shall be held
in Providence, RI, USA or such other site as is mutually agreed to by the parties.
The mediator shall be jointly aPPOinted by the parties and shall have expertise in
commercial dispute resolution.
{b)In the event the dispute or claim is not satisfactorily resolved through mediation
within 90 (ninety) days of notice of such claim or dispute by a party, the parties
agree to submit such dispute or claim to binding arbitration. Arbitration shall be held
in PrOVidence, RI, USA or such other site as Is mutually agreed to by the parties. If
Premise Provider is a foreign (non-US) corporation and delivery of the goods under
this agreement Is to a foreign (non-US) destination, then the commercial arbitration
rules of the International Chamber of Commerce shall apply. In all other instances
the commercial arbitration rules of the American Arbitration Association shall apply.
Any judgment, decision or award by the arbitrators shall be final and binding on the
parties and may be enforced in any court having jurisdiction over a party against
whom any such judgment, decision or award is to be enforced. The parties
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specifically and knowingly waive any rights under State or Federal constitutions or
statutes which grant a party the right to trial by jury for any claims that might arise
under this agreement or which purports to give a party the right to appeal an
arbitrator's judgment, decision or award.
(c) The parties shall bear their own costs and expenses (Including attorney's fees) for
any mediation or arbitration, unless otherwise directed by the mediator or arbitrator.
21.Entire Agreement. This Agreement constitutes the entire agreement between the
Premise Provider and the Company and supersedes all other agreements between the
parties pertaining to the subject matter hereof.
22.Amendment. No course of dealing between the parties, their employees, agents or
representatives, shall vary any of the terms hereof. This Agreement may be modified,
amended, or supplemented only by a written agreement executed by the parties.
23.Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original, and all of which shall be one and the same contract.
IN W§~ WHER~~ing Agreement has been executed by the parties hereto,
-nay of
, 2007.
this
Company
Premise Provider
Global Tel*Link Co poration
Rhode Island Department of Corrections
?
Name: Jeffrey B. Haidinger
Title: President-Services
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Name:
Title:
Page 6
Ashbel T. Wall II
Director of Corrections
Inmate Telephone Service Agreement
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Global Tel*Link Corporation
Exhibit A
Adult Correctional Institutions, Rhode Island Department of Corrections
Facility Name
40 Howard Avenue
Facility Address
Cranston, RI 02920
City, State, Zip Code
Actual on-site equipment:
The installation of software and/or hardware on Company provided Equipment is not
approved. System conditions can change and become unstable with the addition of
software other than that installed by the Company. The Company does not warranty,
troubleshoot, or maintain any system that contains software installed by a third party. The
Company assumes no liability for any data stored on the Equipment which is not directly
related to the Services provided under this Agreement.
Company also does not furnish, maintain or provide consumables for peripheral equipment
associated with the Inmate Telephone System. Consumables consist of items such as
printer paper, cassette tapes, compact disks, etc.
List of On Site Equipment
LazerPhone Platform with Full Contract Term Storage
5 years online storage
Full-time Service Administrator On Site
$15,000 cap for JMS Interface
3 Workstations
13 VPN Licenses
10 Laptops
9TDDs
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Global Tel*Unk
2609 Cameron Street
Mobile, Alabama 36607
Tel. 251 4794500
Tel. 800 4894500
Fax 251 3752049
Web hUp:/lwww.globaltellink.com
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.
Premise
Provider agrees to indemnify, defend, and hold Company harmless from any liability,
claims, suits, proceedings, damages, costs, and expenses (including attorney's fees)
relating to any claims made against Company by any person arising out of failure of
Premise Provider to comply with such applicable law, regulation or guideline.
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.
ATTEST:
By:
Richari:l J. Frechette
Its:
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Rhode Island Department of Corrections
Office of the Director
40 Howard Avenue
Cranston, RI 02920
Voice (401) 462-2611
Fax (401) 462-2630
To whom it may concern:
We have entered
vendor, to act as
exchange carrier,
institutions located
into an agreement with Global Tel*Link, Corp., private pay phone
our communications representative with Verizon, Inc., local telephone
for inmate telephone services located at the various correctional
at the John O. Pastore Government Center.
Under the terms of this agreement and by this letter, we do hereby authorize Global
Tel*Link, Corp. to do the following:
•
•
request disconnection of existing coin telephones
install pay phones on their own behalf
This authorization does not preclude our ability to act in our own behalf when we deem
necessary.
Richard J. Frechette
Interdepartmental Policy Coordinator for Prisoner Reentry
RI Department of Corrctions
401-462-0871
Richard.Frechette@doc.ri.gov
