Prison Phone Justice

Contract between Sprint Payphone Services, Inc.
and
the Wisconsin Department of Corrections
for Inmate Telephone Services

This agreement is entered into by and between the Wisconsin
Department of Corrections (WDOC) and Sprint Payphone Services,
Inc. (Sprint).

1

Table of Contents
1. CONTRACT ADMINlSTRATION
2. CONTRACT TERM
3. AGREEMENT REVISION AND/OR TERMINATION
4. TERMS AND CONDITIONS
5. FUNCTIONAL AND TECHNICAL REQUIREMENTS
6. IMPLEMENTATION
7. TRAINING AND ORIENTATION
8. INlTIAL TESTING
9. ONGOING TESTING
10. MAINTENANCE
11. CONTRACTOR/SUBCONTRACTOR RELATIONSHIPS
12. COST AND REVENUE REQIDREMENTS
13. COMMISSIONS, ADMINISTRATIVE SUPPORT, AND REPORTS
14. SECURITY, BACKGROUND INVESTIGATIONS AND WORK RULES
15. STAFFING AND CUSTOMER SERVICE
16. SERVICE STANDARDS AND QUALITY EVIDENCE
17. TITLE TO EQIDPMENT
18. WDOC AUTHORITY
19. LIMITATIONS OF LIABILITY AND INSURANCE

2
3
3
4
4
6
9
11
11
12
15
15
16
17
18
20
22
22
23

INSURANCE REQIDREMENTS

25

20. NOTICES
21. ATTORNEY FEES
22. DISPUTE RESOLUTION
23. APPLICABLE LAW
24. COMPLIANCE WITH LAWS
25. SEVERABILITY
26. ENTIRE AGREEMENT
27. AFFIRMATIVE ACTION REQIDREMENTS
28. COMPLIANCE WITH LAWS
29. FILES
30. DISCHARGES
31. RIGHT TO CURE AND PENALTY
32. AMENDMENTS OR ALTERATIONS

27
28
28
28
29
29
30
30
31
31
31
31
32

1.

CONTRACT ADMINISTRATION

The contract administrator for WDOC is the purchasing agent
(Bob Canfield or his designee). The Sprint contact on contract issues
will be Phil Burks 913/315-7914. The WDOC contact for operational
issues will be the telecommunications manager (John Shanda). The
Sprint contact for operational issues will be Paul Eide 913/315-7767.

2

2.

CONTRACT TERM

This- contract is for a five (5) year term beginning upon testing and
acceptance of all services, (assuming satisfactory performance on the
part of Sprint). The Parties agree that the term will be considered to
begin October 1, 2001. Upon mutual agreement of WDOC and Sprint,
this contract may be extended for two additional one-year periods.
3.

AGREEMENT REVISION AND/OR TERMINATION

Failure to comply with any part of this agreement may be
considered cause for revision, suspension or termination of this
agreement.
WDOC reserves the right to cancel this contract in whole or in part
without penalty due to nonappropriation of funds or failure of Sprint to
comply with the terms, conditions and specifications of the contract.
Such termination shall be subject to Section 31 below. If WDOC
terminates for cause or for nonperformance, Sprint agrees to reimburse
WDOC for the costs of another procurement process and any additional
cost increases for phone service obtained through substitute
performance obtained by WDOC.
This agreement or any part thereof may be renegotiated in such
circumstances as: 1) increased or decreased volume of services;
2) changes required by State or Federal law or regulations, or court
action; or 3) monies available affecting the substance of this agreement.
Revision of this agreement is not effective until agreed to by WDOC and
Sprint by an addendum to this agreement signed by the authorized
representative of both parties.
WDOC may terminate this agreement at any time at its sole discretion
by delivering 180 days written notice to Sprint. In the event that Sprint
experiences any occurrence which might potentially jeopardize its
ability to perform the terms of this contract, Sprint agrees to give
immediate notice to WDOC.

3

Sprint shall also notify WDOC whenever it is unable to provide the
Upon such
required quality or quantity of services specified.
notification, WDOC shall determine whether such inability will require
revision or cancellation of this agreement.
In the event that the contract is terminated, Sprint staff shall provide
sufficient interaction and communication with the replacement vendor's
staff to insure that there is no interruption in the delivery or diminution
in the quality of services required by this contract, and shall provide
services requested by WDOC during the transition period, consistent
with this contract.
4.

TERMS AND CONDITIONS

In connection with performance of work under this contract or any
disputes thereof, the Laws of the State of Wisconsin shall prevail. All
terms and conditions as set forth in this contract, the Request for
Proposal (RFP), #C-555, and Contractor's response to the RFP, dated
August 1, 2000, shall govern the execution of this contract and any
contractual disputes that may arise. In event of conflict, the terms of
the contract shall prevail over the terms of the RFP and Sprint's
response. The language of the Contractor's response shall prevail over
the language in the RFP. All Appendices attached to this Agreement
are incorporated by reference into, and form a part of, this Agreement.
5.

FUNCTIONAL AND TECHNICAL REQUIREMENTS

Sprint will provide new hardware and software networking equipment
to support the State of Wisconsin Inmate Collect Calling contract.'
Sprint has decided to use new, state of the art equipment that will
provide the best solution for the State. Technological advances are
always happening and Sprint wants to provide the most complete
system available instead of reusing old equipment that may be prone to
breakdown or have major outages causing downtime of the inmate
calling system.
Sprint will provide a turnkey solution including a seamless transition of
the existing call detail and recordings to the inmate-calling platform.
"Turnkey solution" means a fully operational system, which will work
exactly as specified in the RFP and in the Sprint response. This will
4

allow all records and investigations to continue with the change of
vendors, without a loss of data or recorded calls.
Sprint will update, service, maintain and replace when necessary, the
in-place telephone instruments currently located at WDOC's facilities
during the life of the contract. Additional telephones and wired outlets
will be provided by Sprint as needed to support caIling population
increases. The telephones will be approved by WDOC and will comply
with all specifications of this RFP prior to installation. Sprint agrees to
provide and maintain legible labeling and/or signage in both English
and Spanish that will be affixed to all inmate telephones and audible
through the telephones indicating that all calls made on the telephones,
other than properly placed attorney calls, are subject to being recorded
or monitored. Sprint will use the language for this signage as provided
by WDOC. As required, telephones to be used exclusively for
communications by inmates with their attorneys must be provided with
signage and labeling as requested by WDOC.
Sprint will update, service and maintain in-place telephone instruments
during the life of the contract. When new telephones are needed, Sprint
agrees to use "state of the art" equipment, subject to WDOC's advance
approval. Sprint agrees to assume responsibility for the support and
maintenance of all in-place instruments. Sprint also agrees to ensure
that all re-used telephone instruments comply with the same required
signs and/or labels as described above, in both English and Spanish that
will be affixed to all inmate telephones and audible through the
telephones indicating that all calls made on the telephones, other than
properly placed attorney calls, are subject to being recorded or
monitored. Sprint will use the language for this signage as provided by
WDOC.
Sprint agrees to take responsibility for all inside and outside wiring to
accomplish a complete installation of the Sprint-proposed inmate
telephone system. Sprint will evaluate all wiring in support of the
system. Sprint will test all lines and upgrade and/or replace with new
wiring where the existing wiring is of substandard quality. New wiring
installed during installation of the system will meet minimum industry
standards (not less than EIA/TIA-568 Level 3 standards).

5

Complete technical and functional requirements are set forth in
Appendix A. Sprint agrees to upgrade soft and firm ware within the
WDOC inmate calling system on a continual basis as improvements
become available. Broken or failing hardware will be replaced with
comparable hardware.
6.

IMPLEMENTATION

Sprint and WDOC agree that implementation of this contract will take
place on a site-by-site basis rather than a system-wide basis as set forth
in Sprint's Proposal. Waupun will be given first priority, followed by
other institutions based on their security designation, per WDOC's
approval.
Sprint's Implementation Project Management team will work with the
existing vendor and WDOC to provide a seamless transition of services.
Sprint will design a plan to minimize disruption at any single site or
network-wide. To expedite the overall process, one Program Manager
will be assigned to oversee all aspects of installation and implementation
of two separate installation crews that will work in tandem to
implement the project.
Sprint agrees to provide a complete turnkey installation, including all
equipment, software, facilities, cabling, training, database and training
for support organization employees.
Sprint will assume full
responsibility for converting the initial database of inmate numbers
and for the programming of all variable call parameters.
Sprint will assume full responsibility for adapting to all existing site
conditions and agrees that WDOC will have final approval of all
installation methods and materials. Sprint agrees to bear the full cost of
installing, providing, and maintaining the site preparation, cabling,
telephone instruments, and all special equipment specified in
Appendix A.
Any damage to State premises or property caused by any work
performed by Sprint or any subcontractor or agent of Sprint during
implementation or during the life of the contract will be repaired and

6

restored to its original condition at Sprint's expense, normal wear and
tear excepted.
The summary implementation plan is defined by the chart summarized
in Sprint's Proposal, subject to revision with WDOC's approval. The
individual tasks and time frames required for implementation of the
first site, Waupun, have been identified. Beginning and end dates are
provided for implementation at the remaining thirty sites; however,
implementation activities will mirror Waupun's.
The quality of the work will be ensured by the on-site Sprint Project
Manager (PM). The PM will oversee the installation of the inmate
telephone system (ITS), the inmate phones, and all peripheral
equipment (wiring, main distribution frame (MDF), etc.). The PM
verifies that all equipment is installed properly and working correctly at
each site before cutting over the traffic from the existing ITS.
The PM will implement the ITS installation by tracking the schedule
and ensuring quality on a day-to-day basis. The PM will be located in
the Wisconsin area (M-F, excluding holidays), from the installation of
the first site to the last site. The PM will perform the following duties at
each site:
Q

Q

Q

Q

Determine that physical access for all installation personnel
will be available at each institution/center by discussion with
the local coordinator designated by the Wisconsin DOC.
Determine that the existing wiring is acceptable and identify
any required modifications to the wiring. In the case of the 12
largest sites, this will be done during initial site surveys. In the
case of the remaining smaller sites, this will be done when the
installation process begins.
Determine that the existing phones are acceptable and identify
any required replacements. The required number of new
phones will be ordered and made available prior to cutover.
Ensure that all required equipment and material will have
been shipped to the site before installation begins:

7

~

The Inmate Telephone System with
monitoring platform.

~

The new telephones required to replace those existing
phones no longer acceptable for use.

~

New enclosures to replace old enclosures no longer
acceptable.

~

The new MDF to be placed in the telephone room.

recording and

o Coordinate with the installation crew assigned to implement
that particular site (there will be two separate installation
crews).

o Ensure that voice and data circuits will be available for service
for moving the long distance traffic (intraLATA, interLATA,
interstate, and international).
o Verify that all equipment has been tested to within
specification prior to being placed in-service.
Sprint will provide a weekly report to WDOC summarizing progress and
identifying any exceptions. After installation is complete, documentation
will be provided to the WDOC concerning the quantity of equipment
located at each site, its location, and any relevant circuit identification
numbers.
Sprint has assembled an account management team, designed to meet
the specific needs of WDOC during the implementation process. Sprint
proposes to provide end-to-end solutions through installation, cutover
and final acceptance. Throughout all phases, Sprint will work closely
with WDOC to minimize the impact on present operations and end
users. The ultimate goal is to ensure a smooth and transparent
implementation for WDOC.
The installation crews will install all network equipment, cabling,
computer databases to support the inmate PIN system administration.

8

WDOC's telecommunications manager will serve as the project
manager to supervise the initial implementation· and a coordinator at
each institution/center will also be named. Sprint agrees to coordinate
all work only through those designated contacts.
7.

TRAINING AND ORIENTATION

Sprint agrees to provide initial training prior to cutover of service from
the previous vendor to Sprint on the use of all equipment and functions
available to the WDOC employees, institutions/centers, and inmates.
Further, Sprint agrees to provide complete system training, onsite at
each location, to up to five (5) employees from WDOC and five (5) from
each institution, and up to three (3) from each center. This training
may, at WDOC's request, include train-the-trainer training to allow
WDOC personnel the ability to train subsequent staff. Sprint will also
provide on-site follow-up visits to ensure that WDOC personnel can
successfully administer the inmate caIling system and all the feature
functionality. Sprint will hold initial regional training for the WDOC
over an mutually agreed upon timeframe. The timeframe for the initial
training will be one week. Subsequent training will be available as
requested by WDOC through the Sprint program management group.
Sprint training will include all inmate functions, system administration
functions, report generation and use, recording/monitoring, vendor
support procedures, and other subjects deemed necessary by WDOC
for a full and complete implementation. Appropriate written materials
for both training and ongoing reference will be provided.
Evercom's specialized trainer will lead training on the proposed inmate
calling system. This will provide a thorough training on the system and
telephone equipment. Each session will be individualized to meet the
experience and expertise level of the attendees. Training provided will
include the following topics, subject to the approval and modification by
the Sprint team and WDOC: the inmate caIling system components and
operation, setup and maintenance of inmate accounts, real time
monitoring and recording applications, reporting capabilities, the
restriction application, and the defining of call timing and duration by
phones or groups of phones.

9

Training in use of the inmate calling system will be presented as a video
tape production to allow playback to inmates immediately impacted by
any system changes, as well as for future inmates. Sprint will further
comply with the requested quantities of this video (eight per institution
and four per center, plus twenty additional copies for future
distribution). The video will be produced in both English and Spanish
using the same video image. Sprint agrees to work with the WDOC
regarding the content of these tapes. Brochures will be provided for
both the inmate and the called party relating to the usage of the inmate
telephones. Additionally, detailed automated voice prompts guide the
inmate and called party through the call process.
Instructor-led training and on-the-job training will be provided by
Sprint during the life of the contract, at no cost to WDOC. Training
sessions occur initially upon bid award and continue as any new
features are added, and at the request of WDOC. Training sessions will
be held at locations recommended and approved by WDOC. Sprint
training emphasizes hands-on demonstrations to familiarize
participants with the inmate calling system. The courses are designed to
encourage participants to practice the skills necessary to perform their
daily functions on the system.
The number of attendees per session will depend on the availability and
size of the room where the training will be held. There are not a
maximum number of people that can attend the sessions. Sessions
typically last 3-5 hours; however; the sessions will not end before
attendees have a thorough working knowledge of the system and its
components. Follow-up training will also be provided as needed. This
training can be done via email, on-site visit, or remotely by taking
"control" of the system and walking the administrator through the
steps necessary to complete their task(s).
Course elements covered in the initial training session are described in
Appendix B. These elements are subject to approval and modification
by Sprint, Sprint's subcontractors, and WDOC.

10

8.

INITIAL TESTING

Sprint agrees that testing must be conducted and successfully passed at
each institution for the complete system. Sprint understands and agrees
that tests shall be conducted over a period of 30 consecutive days,
beginning at the time the installation is completed. Sprint agrees that
WDOC shall be provided with each set of test results for each WDOC
institution, and WDOC agrees to review these test results and issue a
written notice of acceptance, or direct that the testing period be
extended.
Sprint understands that failure of any part of the test for a third time
will be grounds for termination of the contract.
9.

ONGOING TESTING

During the life of this contract, Sprint agrees to provide monthly
reports to WDOC on system operation at each site and network wide.
The monthly report shall indicate that all systems are fully operational.
The report will note systems in need of remediation, complete with a
schedule to bring them back into compliance.
This report will be transmitted to the WDOC Telecommunications
Manager and will cover the following specific items.
• All Network Services including dialtone to all telephones or jacks, all
local lines or T-1 's and all remote access and maintenance lines.
• All premise-based network equipment including channel banks,
interfaces, modems or other equipment required for system
operation.
• All premise-based telephone instruments provided for inmate
telephone use.
• All recording and monitoriug equipment in-place for audio
recordings of telephone conversations, playback capabilities and
network call detail recording, with specific assurance that no
"properly placed attorney telephone calls" are being recorded.

11

• All systems are fully operational as proposed in Sprint's Response to
theWDOC Request for Proposal.
10.

MAINTENANCE

Sprint agrees to provide complete maintenance for all parts of the
system provided to the State, including but not limited to labor, parts,
materials, software, repair or replacement of equipment, and
transportation, for the life of the contract.
Sprint agrees to provide maintenance at no cost to the State including
charges from Local Exchange Carriers for facility isolation services.
Sprint understands and accepts that a regularly scheduled preventative
maintenance program must be established for each location. Sprint
further understands and agrees this work must be performed to assure
the WDOC of the proper operation of the entire system.
The onsite Sprint Project Manager will manage the Sprint team in
scheduling all onsite preventative maintenance on the proposed systems
and equipment. The Sprint support team resources will be located in
Madison, Wisconsin and will travel from there as needed to provide
maintenance on all systems.
Additionally, proactive monitoring, preventive maintenance, and virus
protection will be provided 24 hours a day, 7 days a week. The inmate
calling system is constructed to enable remote access at any time. This
allows for. nightly "polling" of information, future software
enhancements and upgrades via modem or data link. This method of
connectivity may also be used to provide general system maintenance or
on-site user assistance.
Sprint understands and agrees that maintenance will include any
inmate telephone equipment, including instruments and inmate
telephone wiring owned by WDOC, and replacement as needed of any
Sprint further
equipment or wiring now owned by WDOC.
understands this includes all equipment acquired by WDOC at the
termination of its existing contract with MCI.
Sprint agrees that an existing monitoring/playback unit will be
maintained for use with historic tapes at a mutually agreed upon
location.

12

Sprint agrees to provide and maintain sufficient staffing to respond to
multiple events and sites simultaneously.
Maintenance issues during working hours (7:30 AM until 4:30 PM) will
be handled by Sprint's Project Manager. After hours, a toll free
number will be established that transfers to the Sprint Inmate Help
Desk. This Help Desk is maintained on a 24-hour basis, seven days per
week. A Sprint System Administrator answers the phone and opens a
ticket, routing the issue(s) to the appropriate Sprint personnel for
resolution. The System Administrator logs and tracks the ticket
throughout the entire process to ensure complete resolution. Sprint's
Help Desk Support organization can take requests via telephone, e-mail
or facsimile. All reports are logged in at the time they are received.
Sprint understands and agrees that scheduled maintenance and minor
repairs will be performed during business hours, which are 7:30 AM to
4:30 PM, Monday through Friday. Major repair services will be
available from 6:30 AM to 10:30 PM, seven (7) days a week, three
hundred and sixty five (365) days a year. Sprint understands that
WDOC reserves the right in extraordinary situations to declare an
emergency and to require repair services at any time. Sprint's 24 hour
Help Desk Support group ensures WDOC the highest level of seamless
service possible.
Sprint understands that a minor problem is defined as up to 25 percent
of the service at a single facility out of service. Sprint agrees to respond
to a minor problem within eight (8) hours from reporting. Sprint also
agrees that satisfactory completion of the repairs will occur within
twenty-four hours from reporting.
Sprint understands that a major problem is defined as over 25 percent
of the service at a single facility out of service, or a failure in any call
processor or node from any cause, or a failure in call restriction
functions, or any other condition that renders the system incapable of
performing all its normal functions. Sprint agrees that response to a
major problem to begin resolution will occur within one (1) hour via
remote access with arrival on-site within four (4) hours from reporting.
Satisfactory completion of the repairs will occur within twenty-four (24)
hours from reporting.
Sprint agrees to implement the escalation plan attached to this contract
as Appendix C and D in the case that any of the above conditions are
not met within the required time allowances.
13

Sprint fully understands WDOC's maintenance and repair
requirements, as stated above, and agrees to implement them as needed.
Sprint understands and agrees that any time a repair problem is
pending, reports will be made to the reporting institution every two (2)
hours. If a problem is in first stage escalation, reports will be made to
the reporting institution and to WDOC every two (2) hours. If a
problem is in second stage escalation or later, or is deemed by WDOC to
be an emergency, reports will be made to the reporting institution and
to WDOC every hour, until resolution is achieved. Sprint's onsite
Project Manager and Help Desk Support ensure rapid response,
reporting and resolution of all issues. On a monthly basis Sprint's
technicians will do a routine inspection(via the Wide Area Network or
on site) of all inmate calling system equipment at all the facilities within
WDOC. Sprint will visit each site at least once per quarter of a year.
Sprint will monitor all facilities and check diagnostics of all sites
monthly. Any damaged or worn parts will be replaced at that time.
Additionally, remote diagnostics are run on a nightly basis, identifying
any abnormalities of inmate calling that could point out broken
equipment, unreported by the State.
Sprint will maintain a stock of spare telephone parts in locations
approved by WDOC. This will ensure that the 4-hour response time is
met for most repair calls. The following spare computer-related
equipment will be stored so the administration of State investigations can
proceed if a part fails:
(J
(J
(J
(J

Keyboards
Monitors
Mouses
Power cords

Typical phone stock includes the following extra replacement parts:
(J
(J
(J
(J
(J

armored handsets with steel lanyards
enclosures
wall mountings and backboards
chrome metal keypads
chrome metal cradle

14

11.

CONTRACTOR/SUBCONTRACTOR RELATIONSHIPS

Sprint will function as the prime contractor-assuming total
responsibility for all performance aspects of this contract, including
portions provided by subcontractors. Sprint understands that there are
consequences including but not limited to contract penalties for failing
to sufficiently plan for fully carrying out all objectives and tasks under
this contract.
Should subcontractor relationships change during the term of contract,
Sprint agrees to notify WDOC of the pending change by Sprint and
WDOC reserves the right to approve the change before it occurs. If
such a change is being proposed, information on the new subcontractor
will be provided equivalent to the specifications in the original request
for proposal. Any approved change will come with the assurance of no
loss of performance during the change or for the remainder of the term
of the contract.
Subcontractors shall be subject to approval of WDOC. WDOC reserves
the right to prohibit any of the employees of Sprint and/or
subcontractors from performing service with regard to this contract.
12.

COST AND REVENUE REQUIREMENTS

Sprint agrees to make the following types of calls available from all
Department facilities, including:
• Local (including extended community calls) calls
• IntraLATA calls
• InterLATA calls
• Interstate calls
The contract rates to callers using the inmate calling system will not
increase for the initial (five year) term of the contract.
The following are the initial rates to be charged for this contract. The
charge to the called party shall consist of the set-up charge for the

15

appropriate call type plus the per minute rate for each minute of the
placed call. Charges shall commence upon acceptance of call by the
party called and shall cease when the connection is terminated.
Call Type:

Set-Up Charge:

Per Minute Rate:

Local:

1.25

0

IntraLATA:

1.25

.22

InterLATA:

1.25

.28

Interstate:

2.00

.35

Any rate reductions applicable to inmate telephone calls under the
jurisdiction of the Wisconsin Public Service Commission or the Federal
Communications Commission must be immediately passed onto the
called parties accepting calls under this contract, and notice of such
reductions must be provided to WDOC in writing.
13.

COMMISSIONS, ADMINISTRATIVE SUPPORT, AND
REPORTS

Sprint agrees to pay to WDOC a commission of thirty percent (30%) of
the gross revenues generated under this contract. Payments shall be
made monthly by one check covering all commissions and
administrative costs. The check shall be made payable to Wisconsin
Department of Corrections and remitted to the Bureau of Fiscal
Services, PO Box 7991 Madison, Wisconsin 53707-7991.
Sprint agrees that these commissions will be paid retroactively to the
date service commenced at each location, and will be paid based on
gross revenues.
In addition, Sprint agrees to pay an additional $1,666.67 per month for
60 months as a monthly credit for administrative support. This
additional cost will begin to be paid to WDOC in the first month after
execution of this contract, and will be paid in the same manner as the
percentage commission referred to above.

16

Sprint agrees to provide a monthly report to the WDOC
telecommunications manager detailing all commissions and
administrative support costs paid by Sprint. For commissions, this
report shall include the location name, the number of lines in service,
total calls, total minutes, total gross revenue, and total commission paid,
for each location within the WDOC system.
Sprint agrees to maintain and file with WDOC such progress, service,
fiscal, inventory and other reports as WDOC may require within the
period of this Agreement.
14.

SECURITY, BACKGROUND INVESTIGATIONS AND WORK
RULES

Sprint personnel and all subcontractor personnel will submit to a
background investigation conducted by WDOC for initial and/or
continued employment, and will sign a WDOC statement regarding
workplace rules and inmate fraternization.
All Sprint team staff, including subcontractor staff, agree to comply
with institutional regulations, as well as security rules of each site.
Sprint agrees that all access to, use of, and modifications to State
facilities will have prior approval from the WDOC telecommunications
manager.
Sprint agrees that each institution/center has the sole right to allow or
not allow any Sprint or subcontractor employee to enter and work in its
facilities. Contractors will be required to provide whatever information
about employees is requested by the institution/center, and to replace
any employee at the direction of the institution/center.
Sprint agrees that the vendor work rules and procedures vary from site
to site, dependent on the site's security level and physical limitations.
These work rules will be provided to Sprint before the commencement
of any work on this project. Any Sprint or subcontractor employee,
working at a WDOC location, must present proper picture
identification. WDOC also reserves the right to deny access at its sole
discretion.

17

15.

STAFFING AND CUSTOMER SERVICE

Sprint will provide five (5) in state Sprint employees with experience in
managing comprehensive end-to-end correctional programs to support
the WDOC inmate calling system. These resources will provide ongoing
support in Wisconsin after successful installation occurs for the life of
the contract, and will be placed in locations mutually agreeable to both
Sprint and WDOC. Additionally, Sprint will provide a comprehensive
and specialized support team for WDOC.
These resources will have the capability to be on any site within the
mandated four (4) hours of placing a call for assistance. Sprint will
work with WDOC to determine the best placement of these resources.
Additionally, the Sprint proposed inmate-calling system is constructed
to enable remote access at any time. This allows for nightly "polling" of
information, future software enhancements and upgrades via modem or
data link. This method of connectivity may also be used to provide
general system maintenance or on-site user assistance. Appendix C and
D contain Sprint's escalation levels and severity level assignment
definitions.
Sprint also has an extensive inmate support team to provide additional
operations, management, commissioning and customer service support
to the State including but not limited to the functions summarized
below.
Project Manager.
The Sprint Project Manager works with the Program Manager,
Installation Manager and Manager of Technical Support
throughout all phases of implementation. After installation is
complete, the Project Manager remains in Wisconsin throughout
the life of the contract-ensuring that all aspects of the system
run smoothly. This Project Manager will report to the Sprint
Program Manager, who functions as the overall contract
manager. Additionally, four PIN Administrators will be located
in Wisconsin. Physical placement within the State of all resources
will be mutually agreed upon by WDOC and Sprint.

18

Sprint Installation Manager
Sprint's Installation Manager is responsible for coordinating
schedules and facilities access with the Department of Corrections
to prepare the equipment rooms for call control application and
network access installation.
The Installation Manager is
supported by technicians who will be available after the
installation to support and maintain service. The Installation
Manager's responsibilities include:
• Confirmation that the site is correctly prepared
• Unpacking and inventory of all equipment
• Management of physical aspects of installation
Sprint Program Manager
The Sprint Program Manager oversees all network
implementation activities and will be the point of contact for the
WDOC during implementation. For some products and services,
the Project Manager assists the Program Manager by preparing
and ordering equipment and circuits. The Program Manager will
conduct status meetings with WDOC to ensure appropriate
progress is being made throughout the implementation period.
Action items from previous meetings will also be recorded and
cleared upon completion. All WDOC issues and concerns will be
discussed during these meetings to ensure the project remains
focused and on schedule.
Sprint's Program Manager maintains the overall project
implementation schedule, including:
• Preparing program plan, identifying tasks and appropriate
team participants, assigning responsibilities and due dates
• Conducting internal program kickoff meeting
• Coordinating, review and approval of equipment/network
configuration(s)--utilizing engineering, as required
• Conducting implementation-planning sessions(s) with the State
of Wisconsin Department of Corrections
• Preparing required purchase requisitions
• Managing subcontractor/partner performance, as required

19

• Resolving project roadblocks through escalation
• Duration tracking (planned and actual) by task and resource
• Providing numerous project reports, as required:
-Status reports
-Project tracking reports
-Outlines and charts for various tasks
Sprint Manager of Technical Support
Sprint's Manager of Technical Support is responsible for working
closely with the network groups within Sprint as well as various
Local Exchange Carriers (LECs) to ensure cost-effective and
quality connectivity to the inmate platforms. The Manager of
Technical Support is ultimately charged with engineering the
network.
16.

SERVICE STANDARDS AND QUALITY EVIDENCE

Sprint agrees service standards and quality, continuity, transparency,
and adequacy of staffing, as well as other resources, will be maintained
in the highest possible manner over the life of the contract.
Sprint will provide customer service staff to WDOC to receive and
process orders for adds, moves and changes, scheduling work, updating
records, updating systems to include central processors, software,
firmware, and other operational components.
Sprint has a support organization in place to respond to trouble calls, 24
hours a day, seven days a week, requests for information and other
service issues. Sprint agrees to immediately trace recent calls placed
from specific telephones, in case of an emergency. Sprint will provide
administrative support to make changes in databases, system
parameters or call parameters. Sprint will provide points of contact
and customer service for inquiries made by called parties relating to
operational issues and billing.
The procedural information listed above will be provided in a written
format to each site and to WDOC's Telecommunications Manager to be
used as a reference for daily usage. This document will contain contact
information, including telephone, fax and e-mail addresses, as well as
escalation procedures. This document will be kept up to date during the
20

term of the contract. The Sprint Program Manager will send an
updated document in a manner acceptable by WDOC (fax, mail, e-mail)
each time a change in personnel or procedures is made.
Sprint also agrees to provide additional consulting services to the
WDOC or individual site regarding inmate telephone service, as
requested.
Sprint agrees to fully support all the contract reporting requirements
related to inmate calling system usage, performance, and trouble
reporting by doing the following. Sprint agrees to fully support and
maintain initial and ongoing management of all databases created for
the State. Sprint also agrees to provide full maintenance services in
connection with all services and equipment provided under this
contract. Sprint has reviewed the RFP maintenance requirements and
will fully meet all requirements.
Sprint understands and agrees that additions, changes and moves of
premise equipment will be ordered in writing by WDOC. Further,
Sprint agrees that work must be completed within 15 days, except for
new institutions, for which dates will be established on a case-by-case
basis. Sprint agrees that removals will be completed within 10 days of
order.
Sprint agrees to provide a combination of centralized Contractor staff
and available on-site contractor staff. The centralized staff will provide
an on-line "Help Desk." Sprint is dedicated to providing a high level of
customer service, 24 hours a day, seven days a week. Sprint operates
customer service centers across the United States, specializing in
providing customer service to state, local and government customers.
Sprint's designated in state Project Manager will be available during
normal business hours (7:30 AM - 4:30 PM) (Monday through Friday).
Should any situation occur after hours, a toll free number set up by
Sprint specifically for WDOC is available. This number will be listed in
the manual provided to each location.
Sprint will use its controlled closed-loop system for reporting,
documenting, analyzing and correcting failures, problems, and
anomalies.
The initial trouble report is generated via system
diagnostics, State facility phone call, or facsimile. During working
hours (7:30 AM - 4:30 PM) (Monday through Friday) and after hours a
toll free number to the Sprint Inmate Help Desk is available to the DOC
to initiate the trouble reporting process.
The Sprint System
21

Administrator will assign a priority ranking, based on the level of
severity.
The appropriate Sprint personnel will be contacted,
depending on the level of severity. Regardless of the issue(s), the Sprint
System Administrator will provide:
• Prompt, professional call management
• A trouble ticket number for each reported trouble
• Referral to the appropriate Sprint personnel for restoration
and repair
• End-to-end trouble ticket management
• Trouble ticket status updates as defined by priority
• Perform Sprint escalation according to the Escalation
Guidelines
Verify trouble ticket resolution and ticket closure
See Appendix C and D.
17.

TITLE TO EQUIPMENT

Through the term of this Agreement (60 months, with two possible oneyear extensions), Sprint shall hold title to all equipment covered by the
agreement with the exception of the telephone instruments. At the
conclusion of the initial 60 months, plus any extensions of the Agreement,
Sprint shall transfer title of all the existing equipment, which includes, but
is not limited to, hardware, software, interconnect components and
interfaces, to WDOC at no cost to WDOC. This includes title to any and
all monitoring equipment, cabling, and all other inmate telephone
equipment installed, as well as all telephone instruments.
18.

WDOC AUTHORITY

WDOC warrants that it has authority to select the operator services
carrier for the telephones covered under this Agreement, and to name
Sprint as its provider on any ballot for such telephones. WDOC shall
have the right to:

22

a) Add, delete, or temporarily exclude one or more WDOC facilities
from the inmate calling system at any time during the term of the
Agreement. WDOC may, with at least sixty (60) days prior written
notice to Sprint, unilaterally alter and amend this list; but WDOC
agrees not to make any such amendment solely for the purpose of
changing the institution's operator services provider.
b) Determine the configuration and scope of the interactive inmate
call monitoring and recording equipment covered by this Agreement.
c) Make changes in the operation of the portions of the system
within its sole control without seeking permission from Sprint.
d) Authorize changes in the operation of the portions of the inmate
calling system within the control of Sprint; except for changes
involving Sprint's tariffs, Sprint shall not make any changes in the
inmate calling system without the written consent ofWDOC.
e) Provide Sprint with the necessary authority, assistance and
protection to access the designated WDOC facilities in order to fulfill
the provisions of the Agreement.
19.

LIMITATIONS OF LIABILITY AND INSURANCE
a) WDOC shall not be held liable for Sprint's inability to collect on
any Operator Services calls that Sprint allows through its network.
WDOC shall not be responsible for, or for collecting, any Federal,
State, or local taxes normally associated with telephone use charges.
WDOC shall not be responsible for establishing or guaranteeing any
minimum amount of calls measured by minutes used, calls completed,
or revenue generated.
b) Except for defaults by subcontractors or as otherwise set forth
herein, neither party shall be deemed negligent, at fault or liable in
any respect to the other for any delay, interruption or failure in
performance hereunder resulting from fire, flood, earthquake, other
natural disaster, riot, acts of God, war, nuclear accidents, labor
disputes, strikes, unavailability of transportation, public regulatory
body, or governmental statutes or regulations superimposed after the
fact, or other cause beyond the reasonable control of the party
23

delayed, interrupted or prevented from performing. If a delay or
failure in performance by Sprint arises out of a default of its
subcontractor and if such default arises out of causes beyond the
control of both Sprint and subcontractor, and without the fault or
negligence of either of them, Sprint shall not be liable for damages of
such delay or failure, unless the supplies or services to be furnished by
the subcontractor were obtainable from other sources in sufficient
time and at comparable costs to permit Sprint to meet the required
performance schedule.
c) Delays or failures beyond the control of Sprint, including those
caused by either a Local Exchange Carrier (LEC) or WDOC will not
be considered a failure to perform.
d) Sprint shall be liable for damages arising out of injury to the
person and/or damage to the property of WDOC, its employees,
persons designated by WDOC for training, or any other person(s)
other than agents or employees of Sprint, designated by WDOC for
any purpose, prior to, during, or subsequent to delivery, installation,
acceptance, and use of any equipment, equipment software and
telephone services provided under this agreement, at WDOC's place
of business, provided that the injury or damage was caused by the
fault or negligence of Sprint. In addition to the liability imposed upon
Sprint on the account of such injury or damage suffered as a result of
Sprint's fault or negligence, Sprint agrees to save and hold harmless
WDOC from every expense, liability, or payment, arising out of such
negligent act. Sprint also agrees to hold WDOC harmless for any
negligent act or omission committed by a subcontractor or other
person employed by or under the supervision of Sprint under the
terms of this Agreement.
e) WDOC shall not be liable in the event of loss, incident, destruction,
theft, damage, etc., for any equipment, equipment software and
telephone services provided under this Agreement except in the case
of WDOC employee's destruction, theft, and damage to any of the
equipment. Further, WDOC shall take reasonable precaution to
protect the equipment. It shall be Sprint's sole responsibility to obtain
insurance coverage for such loss in an amount that Sprint deems
appropriate. Sprint shall further be responsible for repairing or
replacing any such equipment, equipment software and telephone
24

services loss to make it fully operational within a reasonable period of
time.
Sprint agrees that WDOC shall not be responsible for any liability
incurred by Sprint or its employees arising out of the ownership,
possession, operation, control, use, maintenance, delivery, and/or
installation of equipment, equipment software and telephone services
provided by Sprint.
Sprint understands and agrees that WDOC does not maintain
commercial liability insurance. Sprint agrees to carry liability insurance
as follows:
Insurance Requirements
The following minimum insurance limits apply to vendors doing
business within the State of Wisconsin. All policies must be issued with
a 60-day cancellation notice, by an insurance company licensed to do
business in the State of Wisconsin, with a minimum AM Best rating of
A-, and signed by an authorized agent.
Worker's Compensation (We)
Each Accident
Disease-Policy Limit
Disease-Each Employee

Statutory limits
$100,000
$500,000
$100,000

Commercial General Liability (CGL)
General Aggregate including
Products & Completed Operations $1,000,000
Each Occurrence
$1,000,000
Automobile liability:
Combined Single Limit

25

$1,000,000

A certificate of insurance, which evidences that an insurance policy
exists, must be mailed to the WDOC within 10 days following the
execution of this contract. The certificate should be mailed to:
Robert Canfield, Purchasing Agent
Department of Corrections
P.O. Box 7991
Madison, WI 53707-7991
The certificate must include the following information: insurer,
insurance agency, insured, type(s) of insurance, policy number(s),
effective date(s), expiration date(s), limits, certificate holder,
cancellation procedure and the name of the representative who
authorized the policy.
Sprint further understands and agrees that WDOC cannot save and hold
harmless and/or indemnify Sprint or its employees against any liability
incurred or arising as a result of an activity of Sprint or any activity of its
employees performed in connectiori with Sprint.
Sprint shall be liable, and agrees to be liable for, and shall indemnify,
defend and hold the WDOC harmless from all claims, suits, judgments, or
damages of whatsoever kind or nature, including court costs and attorney
fees, arising out of wrongful acts, negligence, or omissions by Sprint in the
course ofthis Agreement.
1) Except as otherwise provided in this contract, in no event shall either

party be liable to the other for any indirect, incidental, special or
consequential damages even if aware of the potential thereof.
Notwithstanding the foregoing, nothing contained herein shall limit
Sprint's liability for personal injury and damages to tangible property
caused by Sprint's negligence or tortious act. Also, in the event of a
termination of this contract by Sprint, which is not authorized by this
contract, then in such event Sprint agrees to reimburse WDOC for the
costs of another procurement process and any additional cost increases
for phone service obtained through substitute performance obtained by
WDOC.

26

20.

NOTICES

All notices, requests,. demands or communications required or permitted
under the Agreement shall be in writing, delivered personally or by U.S.
Mail, postage prepaid, at the respective addresses set forth below and
shall be deemed effective upon personal delivery or when received if sent
by U.S. Mail.
If to WDOC:

Bob Canfield, Purchasing Agent
Wisconsin Department of Corrections
P.O. Box 7925
Madison, WI 53707-7925
With a copy to:
Office of Legal Counsel
Wisconsin Department of Corrections
P.O. Box 7925
Madison, WI 53707-7925
If to Sprint:

Todd Davis
Director
Public Access Services
6480 Sprint Parkway 3 rd Floor
Mailstop KSOPHM0306
Overland Park, KS 66251
With a copy to:
Mr. Tom Grimaldi - General Attorney
Sprint
6480 Sprint Parkway
MaiiStop KSOPKJ0505
Overland Park, KS 66251

27

If either party changes the above name, and or title(s) and or addresses,

then written notice of such change shall be rendered in writing to the
other party and said notification shall be attached to the originals of the
Agreement.
21.

ATTORNEY FEES

In the event that legal action is taken against the State of Wisconsin or
WDOC, arising out of, under and/or pertaining to the Agreement, and if
such legal action names Sprint as a co-defendant, or if WDOC or Sprint
requires documentation or any other type of assistance in preparing for a
hearing, or in defending itself in court, the State, WDOC or Sprint shall
offer all necessary assistance at no cost to the other party, and shall not
require the other party to reimburse it for any attorney fees incurred by
such party.
22.

DISPUTE RESOLUTION

a) No term, provision or condition of this Agreement shall be deemed
waived and no breach excused, unless such waiver or consent shall be in
writing and signed by an individual authorized to so waive or consent.
Any consent by either party to, or waiver of, a breach by the other,
whether express or implied, shall not constitute a consent to, waiver of, or
excuse for any other breach or subsequent breach, except as may be
expressly provided in the waiver or consent.
b) In the event of any material breach of the Agreement by one party, the
other party shall give written notice specifying the breach.
c) WDOC and Sprint agree that, the existence of a material breach
notwithstanding, they will continue without delay to carry out all their
responsibilities under this Agreement which are not affected by the
material breach until such time that the Agreement is terminated.
23.

APPLICABLE LAW

This Agreement, including all matters relating to the validity,
construction, interpretation, effect, performance and enforcement
thereof, shall be governed by the laws of the State of Wisconsin without
giving reference to its principles of conflicts of law, except insofar as
28

Federal law may control any aspect of this Agreement, in which case
Federal law shall govern such aspect.
Any litigation arising out of or relating in any way to this Agreement shall
be brought only in the courts of Wisconsin, or before the FCC, as
appropriate, and Sprint hereby irrevocably consents to such jurisdiction.
24.

COMPLIANCE WITH LAWS

WDOC, Sprint and all subcontractors shall be responsible for complying
with all applicable federal, state, and local laws and regulations in the
conduct of the work hereunder, including but not limited to, the laws and
regulations related to eavesdropping and wire-tapping. WDOC and
Sprint represent and warrant that their use of the call recording
capabilities provided herein shall at all times be lawful.
Sprint accepts full responsibility for payment of all taxes and insurance
including worker's compensation, insurance premiums, unemployment
compensation insurance premiums, all income tax deductions, social
security deductions, and any and all other taxes or payroll deductions
required for all employees engaged by Sprint in the performance of the
work authorized by this Agreement. Sprint agrees to carry, at a
minimum, workers compensation insurance within the statutory limits set
by the Wisconsin Statutes.
25.

SEVERABILITY

If any term, provision, or condition of the Agreement is found to be illegal

or unenforceable, the remainder of the Agreement shall remain in full
force and effect, and such term, provision, or condition shall be deemed
stricken. Either party having knowledge of such term, provision, or
condition shall promptly inform the other of the presumed nonapplicability of such term, provision or condition. Should the offending
provision go to the heart of the Agreement, the Agreement shall be
terminated in a manner commensurate with the interests of both parties,
to the maximum extent reasonable. The parties agree to renegotiate this
Agreement if State revisions of any applicable laws or regulations make
changes in this Agreement necessary.

29

It is expressly agreed by the parties that none of the rights, duties, and

obligations herein shall be binding on either party if award of this
Agreement is contrary to the terms of Ch. 16, Wis. Stats.
26.

ENTIRE AGREEMENT

This Agreement, together with all exhibits attached hereto and
incorporated herein by reference and applicable Sprint tariffs, set forth
the entire understanding between the parties with regard to the subject
matter hereof and supersedes any prior or contemporaneous agreements,
discussions, documents, representations, or negotiations between the
parties, whether oral or written, with respect thereto. The relevant rights
and obligations of the parties shall survive termination of this Agreement.
No modification of any term, provision or condition of the Agreement
shall be made or construed to have been made unless such modification is
mutually agreed to in writing by both parties, and incorporated in a
written amendment to the Agreement prior to the effective date of such
modification.
27.

AFFIRMATIVE ACTION REQUIREMENTS

For the purposes of work under this contract, Sprint agrees not to
discriminate against any employee or applicant for employment because
of age, race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s. 51.01(5) Wis. Stats., sexual
orientation as defined in s. 111.32(13M) Wis. Stats, or national origin.
This provision includes, but is not limited to, employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff
and termination, rates of payor other forms of compensation, and
selection for training, including apprenticeship. Except with respect to
sexual orientation, Sprint further agrees to take affirmative action to
ensure equal employment opportunities.
This contract will require submission of a written affirmative action
plan by Sprint, unless one is already on file with the State of Wisconsin,
Department of Administration, Office of Contract Compliance. Failure
to comply with the provision may result in Sprint becoming declared an
"ineligible" contractor, termination of the contract or withholding of
payment. WDOC's procurement staff are available to assist Sprint or
30

any subcontractor in the preparation of the required affirmative action
plan.
28.

COMPLIANCE WITH LAWS

Sprint personnel will comply with any current and future state, federal
and local laws and regulations, court orders, directives, ACA and
NCCHC standards, and WDOC policies and procedures.
29.

FILES

Sprint will maintain files of all subcontractors and contract employees
on-site at all WDOC institutions or other premises in a location where
they may readily be made available to WDOC's contract administrator
or designee. All necessary information, such as licenses, professional
certifications, insurance certificates, and evaluations, will be contained in
these files.
30.

DISCHARGES

Sprint will immediately notify the Contract Administrator of any
discharges or removal of professional staff and the reason for the action.
31.

RIGHT TO CURE AND PENALTY

In the event that Sprint fails to perform its obligations under this
Agreement, WDOC shall give Sprint notice of such deficiency in
writing. Sprint agrees to correct such failure within thirty (30) days, or
if the failure is such that it cannot be corrected within thirty (30) days,
Sprint shall commence correction within thirty (30) days and shall
continue to work on the failure with due diligence until such failure is
corrected. WDOC reserves the right to assess a penalty of One
Thousand ($1,000.00) dollars per day for every day in excess of thirty
(30) days that such failure exists. Each failure to perform shall be
considered separately and may individually be subject to the assessment
of penalties, such that the same system failure at multiple institutional
locations would be treated as separate failures, each subject to the
specified penalty. If Sprint fails to correct or begin correction within
thirty (30) days of notice from WDOC, then upon thirty (30) days
additional notice to Sprint, WDOC may require Sprint to remove,
31

replace, or remediate the affected inmate telephone equipment without
penalty or liability to the State.
Sprint will not be responsible or liable for any errors or omissions in
data supplied by WDOC, including but not limited to, inmate personal
identification numbers (PINs), call allowed lists, and processing of
attorney names and numbers.
32.

AMENDMENTS OR ALTERATIONS

No amendment or alteration of the terms of this contract shall be valid
unless made in writing and signed by both parties. This contract may
be executed in two or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the Effective Date, by their undersigned officials as
duly authorized.
SPRINT PAYPHONE
SERVICES, INC. /

WISCONSIN DEPARTMENT
OF
CTIONS
"J'"'117/1

Name:
Title:
Date:

/'.4'

2~

By:

_
_

Itwdf~

Name:

_

TitIe:

_

Date:__I_1t:_/~_/c;-,(//,--

_

Approved as to form and legality subject to execution by the parties:

Ao£&> (LE~ J Ii~i£!{) -3

WDOC Assistant Legal Counsel

32

-0 (

_