WY Contract with Inmate Calling Solutions 2006

State DOC Contracts • Wyoming

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CONTRACT BETWEEN
STATE OF WYOMING, DEPARTMENT OF CORRECTIONS
AND INMATE CALLING SOLUTIONS, LLC.
FOR INMATE TELEPHONE SERVICES
1.
Parties. The parties to this Contract are the State of Wyoming,
Department of Corrections (hereinafter referred to as "WDOC"), whose address
is 700 West 21 8t Street, Cheyenne, Wyoming 82002, and Inmate Calling
Solutions, LLC, a California Corporation, (hereinafter referred to as
"Contractor"), whose principal place of business is located at 5883 Rue Ferrari,
San Jose, California 95138.

2.
Purpose of Contract. The purpose of this Contract is for WDOC
to grant Contractor the exclusive right and privilege to install and operate
prison inmate telephones and related telephone equipment at WDOC's
Facilities as detailed in Attachment B (hereinafter referred to as "Facilities")
which is attached hereto and incorporated herein. Contractor shall, at no cost
to WDOC, provide all inside wiring for the inmate telephones, install the inmate
telephones, and the related hardware and software / firmware specifically
identified herein, to enable inmates at the Facilities to make auto-collect local
and long distance calls, debit local, long distance and international calls,
and/ or pre-paid local, long distance and international calls from the Facilities
pursuant to the terms set forth herein.
3.
Term of Contract and Required Aoorovals. This Contract is
effective when all parties have executed it and all required approvals have been
granted. The term of the Contract is from May 31, 2006 through June 30,
2008 (hereinafter referred to as "Initial Term"). The Contract shall not bind,
nor purport to bind, WDOC for any contractual commitment in excess of the
Initial Term. However, WDOC at its sole option shall have the right to renew
this Contract for one (1) additional two (2) year term, with thirty (30) days
written notice to Contractor prior to expiration of the Initial Term. In the event
WDOC exercises such right, all terms and conditions, requirements, and
specifications of the Contract shall remain the same and apply during the
renewal term unless changes are specifically agreed to by the parties. This
Contract will not automatically renew, but may be renewed by agreement of
both parties in writing and subject to the required approvals. There is no right
or expectation of renewal.
By law, contracts for professional or other services must be
approved as to form by the Attorney General and approved by A&I
Procurement, Wyo. Stat. § 9-1-403(b)(v), and all contracts for services costing
over one thousand, five hundred dollars ($1,500.00) must be approved by the
Governor or his designee as well, Wyo. Stat. § 9-2-10 16(b)(iv).

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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4.

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Payment

A.
Collect, Debit and Pre-Paid. Contractor shall pay WDOC
the applicable commission rate based on the Gross Revenue ranges detailed in
the Commission Rate Table below. Gross Revenues are generated by and
through the Inmate Telephone System ("ITS") including, but not limited to,
collect, debit and pre-paid inmate calls completed from the inmate telephone
equipment located at the Facilities listed on Attachment B. Any additional fees
or charges placed on the called party's telephone bill must be approved by the
WDOC. The additional fees or charges will be considered part of the Gross
Revenue and shall be commissioned based on the Gross Revenue ranges
detailed in the Commission Rate Table below.
i.
Gross Revenue includes, but is not limited to, all
Local, Intralata/Intrastate, Interlata/Intrastate, Interlata/Interstate, and
International revenues and any and all additional charges and fees generated
by the completion of all collect, debit, and pre-paid calls from Contractor's
inmate telephones.

Pre-paid calls include, but are not limited to, those
calls completed by using a pre-paid card as well as all calls which have been
pre-paid by any person or entity and by any method of payment.
11.

iii.
Contractor shall pay commission on the Gross
Revenues before any deductions are made for un-billable calls, bad debt,
uncollectible calls, fraudulent calls, LEC adjustments, or any other Contractor
expenses.
iv.
A collect call is deemed to be complete and
commission due when the called party accepts the call regardless if Contractor
can bill or collect the revenue on the call.
v.
A debit or pre-paid call is deemed to be complete and
commission due when a connection is made between the inmate and the called
party, whether such connection be established by positive acceptance or by live
or automated machine pick-up.
vi.
Calls to telephone numbers that appear on the free
call list supplied by WDOC shall not generate revenue for Contractor and shall
not be commissionable to WDOC. Only those numbers designated by WDOC
on the free call list shall be marked as "Free" in the Inmate Telephone System.
Commission on debit cards shall be due when WDOC
purchases the debit cards, but shall be payable under Section 4.E. of this
Contract. All debit cards ordered and received by WDOC shall be billed to
Vll.

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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WDOC for the full amount of the face value of the debit cards. The debit card
invoice shall be payable by WDOC within thirty (30) days of WDOC's receipt.

viii. Additionally,WDOC shall not be liable for any of
Contractor's costs including, but not limited to, taxes, shipping charges,
network charges, insurance, interest, penalties, termination payments,
attorney fees, or liquidated damages.
COMMISSION RATE TABLE - COLLECT, DEBIT AND PRE-PAID REVENUE

Gross Revenue Range
$49,000.00 or less
$64,000.00 - $49,000.01
$64,000.01 or reater

B.
Debit Program. For the purposes of this paragraph, the
term debit refers to a paperless, commissary-based program, not debit cards.
To facilitate the implementation of the debit program, Contractor shall handle
the first fifty thousand dollars ($50,000.00) of debit Local, IntralatajIntrastate,
InterlatajIntrastate, InterlatajInterstate and International calls at no charge to
WDOC. Any debit revenue generated in excess of fifty thousand dollars
($50,000.00) shall be commissioned to WDOC according to the Commission
Rate Table shown above and paid according to Section 4.E. of this Contract.
Additionally, the Contractor shall handle the first twenty thousand dollars
($20,000.00) of debit Local, IntralatajIntrastate, InterlatajIntrastate,
InterlatajInterstate and International calls at the Wyoming Medium
Correctional Institution in Torrington, Wyoming, at no cost to WDOC as soon
as this facility is opened. Any debit revenue generated in excess of the first
twenty thousand dollars ($20,000.00) at the Wyoming Medium Correctional
Institution in Torrington, Wyoming shall be commissioned to WDOC as
described in the Commission Rate Table shown above.
C.
Lobby Telephones. Contractor agrees to provide WDOC
with a total of five (5) lobby telephones for the Facilities as detailed in
Attachment B. The lobby telephones shall be installed as directed by WDOC.
Each lobby telephone shall allow free local calls and incoming calls. Each
lobby telephone shall also allow credit card, collect and toll-free calls.
D.
Rates. The Contractor shall provide rates that mirror or are
lower than the dominant carrier rates. The Contractor shall submit a request
in writing to receive approval from WDOC for any rate increases andj or
decreases for inmate telephone calls before new rates are implemented. WDOC
will respond in writing to Contractor's request. Should Contractor decrease the
Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions. LLC
for Inmate Telephone Services
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calling rates without the express written approval of WDOC, the Contractor
shall be responsible for paying commissions on the Gross Revenue as
determined by applying the calling rates prior to the unapproved change.
Should Contractor increase the calling rates without the express written
approval of WDOC, Contractor must issue credits to all called parties that were
overcharged. No commission refund shall be due from WDOC to Contractor for
unapproved rate increases.

i.
Calling rates shall be defined as the combined cost of
surcharges, any additional fees, and per minute rates charged to the called
party.
H.
Both parties have mutually agreed upon the rates for
inmate telephone calls, as detailed in Attachment B. Any and all charges and
fees that will be assessed for all collect, debit and pre-paid inmate telephone
calls shall be shown in Attachment B.
111.
For the life of the Contract, any rate adjustments
requested by Contractor for inmate telephone calls must be requested by
Contractor in writing and approved by WDOC in writing, prior to
implementation.

iv.
Rate adjustments requested by WDOC will be
implemented by Contractor within four (4) days of said request, subject to
regulatory approval.
E.
Reporting and Issuing Payment. Contractor shall provide
commission payments and traffic reports to WDOC or its Designated Agent no
later than the twenty-fifth (25th) day of the month following the month of traffic.
Commission payments shall be sent via wire transfer and traffic detail reports
shall be sent via electronic format to WDOC or its Designated Agent.
i.
Traffic detail reports shall include a detailed
breakdown of the traffic for each of the Facilities listed in Attachment B for all
collect, debit and pre-paid calls for each inmate telephone or inmate telephone
station. Traffic detail shall include, at a minimum, each of the following items
for each inmate telephone station broken down by collect, debit, and pre-paid
call types:
a.

Facility Name;

Facility Identification Number;

Facility Street Address, City, State, and Zip

Code;
Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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d.
Automatic
Number
telephone or inmate telephone station number;

Identifier,

inmate

e.
Total Gross Local Revenue and Commission per
Inmate Telephone or inmate telephone station;

f.
Total Gross IntralatajIntrastate Revenue and
Commission per Inmate Telephone or Inmate Telephone Station;

g.
Total Gross InterlatajIntrastate Revenue and
Commission per Inmate Telephone or Inmate Telephone Station;

h.
Total Gross InterlatajInterstate Revenue and
Commission per Inmate Telephone or Inmate Telephone Station;
i.
Total Gross International Revenue per Inmate
Telephone or inmate telephone station;

Commission Rate;

Total Commission Amount (including, but not
limited to, Local, IntralatajIntrastate, InterlatajIntrastate, InterlatajInterstate
and International);
1.

Period Dates;

m.
Total Minutes of use per Inmate Telephone or
inmate telephone station for each call type;
D.
Total Number of Calls per Inmate Telephone or
inmate telephone Station for each call type;

Total Debit Usage for each call type; and

Total Pre-Paid Usage for each call type.

Commission discrepancies must be resolved by
Contractor within thirty (30) days of written notification of a discrepancy by
WDOC or its Designated Agent to Contractor or such discrepancy is subject to
late charges, as described below andj or termination of the Contract at the sole
discretion of WDOC, andj or any other legal course of action WDOC elects to
pursue.
11.

111.
Payments andj or traffic detail reports received by
WDOC after the due date will be subject to late charges. The due date for all
payments and reporting is the twenty fifth (25 th ) day of the month following the

Contract between the State ofWyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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month of traffic. Late charges for commission payments shall be equal to five
percent (5%) per month of the commission due. Late charges for traffic detail
reporting shall be a fee of seven hundred fifty dollars ($750.00) per month for
each report not received by the twenty fifth (25 th ) day of the month following
the traffic month. If both the commission payment and reporting are not
received by the due date, the larger of the late charges will be imposed.

5.
Responsibilities of Contractor. Contractor shall agree to all
terms and conditions set forth in this Contract, and Contractor shall agree to
the specifications, including, but not limited to, the features and functionalities
of the Inmate Telephone System (hereinafter referred to as "ITS") listed in
Attachment A. If WDOC designates an Agent, Contractor shall follow WDOC's
direction in working with such Designated Agent.
6.

Responsibilities of WDOC
A.

WDOC shall comply with the terms and conditions of this

Contract.

Special Provisions

A.
Notice and Approval of Proposed Sale or Transfer. If the
Contractor shall merge or be acquired by another firm, the following
documents must be submitted to WDOC:
i.
Corporate resolutions prepared by the Contractor and
new entity ratifying acceptance of the original Contract, terms, conditions, and
process.
ii.

The new Contractor's Federal Identification Number

(FEIN).

B.
Limitation of Liability. Except as to claims brought by a
third party against WDOC that are covered by Section 8.J. of the Contract, in
no event shall WDOC have any liability for indirect, incidental, special, or
consequential damages, loss of profits or income, lost or corrupted data, or loss
of use or other benefits ("Extraordinary Damages") arising out of or in any way
related to any equipment, product, or service provided by Contractor pursuant
to this Contract. In any event, Contractor's liability for any damages shall be
limited to the direct actual damages proven by WDOC, excluding any amounts
relating to WDOC's negligence or willful misconduct.

Disclaimer of Warranties. Contractor's obligations under
this Contract are in lieu of all warranties, express or implied. Contractor
disclaims all warranties, including, without limitation, any warranty of
merchantability and fitness for a particular purpose with regard to any
Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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equipment, product or servIce provided by Contractor pursuant to this
Contract.

D.
Discrepancy.
Should there be a discrepancy in the
Contract, the RFP, and the RFP response, the terms and conditions contained
in the Contract and its amendments will prevail over the RFP, and the RFP will
prevail over the responses to the RFP.
E.

Dispute Resolution

i.
Resolution by Executives. All disputes will first be
submitted for resolution to a top executive of each Party. Each such executive
shall have authority to bind the Party in all matters in connection herewith.
Within thirty (30) days of such submission, the executives will meet to resolve
the dispute and may decide to hear additional arguments that a party may
wish to make in connection therewith. If the executives reach agreement on
the disposition of the dispute, they will promptly issue their joint written
decision resolving the dispute. Any dispute dealt with in this manner will be
considered conclusively resolved and may not be the subject of any arbitration
or litigation between the Parties. Any dispute that cannot be promptly decided
in this manner by the executives may be taken by the aggrieved party to
arbitration as described below.
11.
Arbitration. Any dispute or claim ansmg out of or
relating to this Agreement not resolved through the meeting of executives of the
parties, as described above, will be settled by one (1) arbitrator. The arbitrator
will be independent and knowledgeable with respect to contracts of this kind.
If practicable, the arbitrator will be agreed upon by the Parties, or will be
appointed by agreement of the Parties from a list of no more than three (3)
persons, but if the Parties are unable to agree on an arbitrator within ten (10)
days from the date on which either Party requests the appointment of an
arbitrator, either Party may request the American Arbitration Association to
appoint such person as soon as practicable. The arbitration will take place in a
place that is mutually agreeable by both Parties. Each of the Parties will
cooperate with the arbitrator and will provide the arbitrator with all
information in their possession or under their control necessary or relevant to
the matter being determined. The Parties will use their reasonable efforts to
cause any arbitration hearing that may be held hereunder to be completed as
soon as practicable. The arbitrator will be required to make his award as soon
as practicable after the conclusion of the arbitration hearing. The award will
be in writing, including the grounds on which the arbitrator based the award.
Judgment upon an award, including any interim award, rendered by the
arbitrator may be entered in any Court having jurisdiction thereof. The
arbitrator may determine all questions of law and jurisdiction including
questions as to whether the dispute is arbitratable, and has the right to grant
permanent and interim damages or injunctive relief, and will have the

Contract between the State ofWyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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discretion to award costs including reasonable legal fees, interest and costs of
the arbitration.
Nothing in this Contract shall be construed as a
substitute for the requirements imposed by the Wyoming Governmental Claims
Act, Wyo. Stat. § 1-39-101, et seq. Rather, the aforementioned dispute
resolution processes shall be used by the parties in an effort to amicably
resolve any dispute.
111.

General Provisions

A.
Amendments. Any changes, modifications, reVISIOns or
amendments to this Contract which are mutually agreed upon by the parties to
this Contract shall be incorporated by written instrument, executed and signed
by all parties to this Contract.
B.
Americans with Disabilities Act. The Contractor shall not
discriminate against a qualified individual with a disability and shall comply
with the Americans with Disabilities Act, P.L. 101-336, 42 U.S.C. 12101, et
seq., and/or any properly promulgated rules and regulations related thereto.
C.
Applicable Law/Venue. The construction, interpretation
and enforcement of this Contract shall be governed by the Jaws of the State of
Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this
Contract and the parties, and the venue shall be the First Judicial District,
Laramie County, Wyoming.
D.
Assignment.
Contractor shall not assign or otherwise
transfer any of the rights or delegate any of the duties set forth in this Contract
without the prior written consent of WDOC, which consent will not be
unreasonably withheld or unduly delayed. Upon WDOC's written consent,
any such purchaser, assignee, successor, or delegate shall thereupon have
all of the rights and responsibilities of the Contractor. WDOC may assign
any and all of its rights and obligations hereunder without the written consent
but upon written notice thereof to the Contractor (1) to any Affiliate; (2)
pursuant to any sale or transfer of all or substantially all of its business or
assets; (3) pursuant to any merger or reorganization; or (4) as part of a bona
fide pledge to a third party lending institution of collateral of the assignor's
rights hereunder.
E.
Audit. WDOC, or its Designated Agent, shall have access to
fully audit or examine any books, documents, papers, records, and information
of the Contractor which are directly pertinent to this Contract from the
Effective Date of the Contract and for a period of two (2) years after the
termination date of the Contract, upon ten (10) business days written notice.
Contract between the State ofWyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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i.
Contractor shall maintain accurate, complete and
auditable records fully reflecting the Gross Revenues from which commissions
can be determined, including all call detail, EMI billing records, pre-paid card
sales, and commissioning reports during the term of the Contract and for no
less than two (2) years after the term of the Contract covered thereby in
accordance with generally accepted accounting principles.
Failure by
Contractor to comply with this full audit rights provision will be grounds for
termination of the Contract at WDOC's sole discretion.
WDOC may also employ at its cost and discretion any
Agent or subcontractor of its choosing in the performance of such audits. If an
audit reveals a shortage of more than three percent (3%) of a year's commission
or other monies due, then the Contractor shall pay WDOC's reasonable cost of
the audit and interest on any monies due WDOC at the rate of one and onehalf percent (1.5%) per month within thirty (30) days after receipt of written
notice for the same.
11.

F.
Compliance with Law. The Contractor shall keep informed
of and comply with all applicable federal, state and local laws and regulations
in the performance of this Contract.
G.
Confidentiality of Information. WDOC and Contractor
shall keep confidential any and all information, which either party states to be
confidential or proprietary and so advises the other party or labels the
information as such ("Confidential Information").
Such information shall
remain the property of the party owning such information and, when in
tangible form shall be returned to the respective party or otherwise disposed of
as directed by the appropriate party.
In the event disclosure of such
information is required by law, governmental order or regulation, such
disclosure may be made after notice is given to either party by the other, but
such disclosure to a government entity or pursuant to law, order or regulation
shall not provide a basis for any additional disclosure of such information by
either party. Any violation of this provision by either party shall be actionable.
i.
However, notwithstanding the foregoing, neither party
shall be under any obligation to maintain in confidence any portion of the
information it has received which:

Is now, or which becomes hereafter through no
act or failure to act on the part of the receiving party, generally known or
available to the public;

b.
Is already known by the receiving party at the
time of the disclosure of such information and was not under any obligations of
confidence;
Contract between the State ofWyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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c.
Is hereafter furnished to the receiving party by a
source other than the other party, provided such source is not known by the
receiving party to be prohibited from disclosing such information by a
contractual, legal or fiduciary obligation;
d.
Has been independently developed by the
receiving party without benefit of the confidential or proprietary information of
the other; or
e.
Is required to be disclosed by order of any
governing body or court of competent jurisdiction; provided, however, that the
party being required to disclose the confidential or proprietary information of
the other must promptly notify the owner of same of the demand for such
disclosure.
ii.

Each party will:

a.
Follow reasonable procedures to protect and
maintain the confidentiality of the Confidential Information;
b.
Not disclose, or allow to be disclosed, the
Confidential Information to any party other than to its employees, contractors,
officers, or directors who have a need to know in order to perform the services
contemplated under this Contract, or are under a binding obligation of
confidentiality with respect to any such information;
c.
Not use the Confidential Information for any
purpose other than to perform under this Contract; and

Treat all Confidential Information of the other
party with the same degree of care to avoid disclosure to third parties as is
used with respect to the recipient party's own Confidential Information, but not
less than a reasonable degree of care.

H.
Entirety of Contract. This Contract, consisting of eighteen
(18) pages, together with Attachment A, Contractor Responsibilities & Inmate
Telephone System Features and Functionalities, consisting of nineteen (19)
pages, and Attachment B, consisting of two (2) pages, represents the entire
and integrated Contract between the parties and supersedes all prior
negotiations, representations, and agreements, whether written or oral.
I.
Force Majeure. Neither party shall be liable for failure to
perform under this Contract if such failure to perform arises out of causes
beyond the control and without the fault or negligence of the nonperforming
party. Such causes may include, but are not limited to, acts of God or the
public enemy, fires, floods, epidemics, quarantine restrictions, freight
Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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embargoes, and unusually severe weather.
This provISIOn shall become
effective only if the party failing to perform immediately notifies the other party
of the extent and nature of the problem, limits delay in performance to that
required by the event, and takes all reasonable steps to minimize delays. This
provision shall not be effective unless the failure to perform is beyond the
control and without the fault or negligence of the nonperforming party.
J.
Indemnification. The Contractor shall indemnify, defend
and hold harmless the State of Wyoming, WDOC, and their officers, agents,
employees, successors and assignees from any and all claims, lawsuits, losses
and liability (including reasonable attorney's fees) arising out of Contractor's
failure to perform any of Contractor's duties and obligations hereunder; for any
actual or alleged negligence or dishonesty of the Contractor, or any of its
employees, Agents or subcontractors, in providing the equipment and services
hereunder; for any actual or alleged act of commission or omission by the
Contractor, or any of its employees, Agents or subcontractors, in the operation
of Contractor's business or ITS; or for any alleged patent, copyright or
trademark infringement or unauthorized use of trade secrets or other
proprietary rights in connection with the ITS, except where such claims,
demands or liabilities are due to the negligence of WDOC, its Agents or
employees.

i.
To the degree permitted by law, WDOC agrees to
provide Contractor with reasonable and timely notice on any claim, demand or
cause of action made or brought against WDOC arising out of or related to the
services rendered by Contractor.
Contractor shall have the right to defend
any such claim at its sole cost and expense and with its exclusive discretion.
WDOC agrees not to compromise or settle any claim or cause without the prior
written consent of Contractor. Notwithstanding any term or condition of this
Contract, WDOC shall at all times retain its sovereign immunity and shall be
entitled to respond to claims as provided in the Wyoming Governmental Claims
Act, W.S. § 1-39-101, et seq.
ii.
In the event any infringement claim is made or
threatened against WDOC, or injunctive relief is granted to a Claimant,
Contractor shall (1) obtain the right for WDOC to continue use of the services;
(2) substitute other services of like capability, or (3) replace or modify the
services to render them non-infringing while retaining like capability. In the
event Contractor is unable to perform any of the above, WDOC may terminate
the Contract with written notice to Contractor. The remedies provided in this
subsection are WDOC's sole remedies for Contractor's failure to perform any
obligation in this subsection.
111.
These indemnities and remedies shall survive the
expiration or other termination of the Contract.

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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iv.
Contractor shall not be responsible for any injury or
damage occurring as a result of any negligent act or omission committed by
WDOC, including its Agents, employees, and assigns.
K.
Independent Contractor. The Contractor shall function as
an independent contractor for the purposes of this Contract, and shall not be
considered an employee of the State of Wyoming for any purpose. The
Contractor shall assume sole responsibility for any debts or liabilities that may
be incurred by the Contractor in fulfilling the terms of this Contract, and shall
be solely responsible for the payment of all federal, state and local taxes, FICA,
employee fringe benefits, workers' compensation, employee insurance,
minimum wage requirements, overtime, etc. which may accrue because of this
Contract. Contractor agrees to indemnify, save, and hold WDOC, its officers,
Agents, and employees harmless from and against any and all loss, cost
(including attorney fees), and damage of any kind related to such matters.
Nothing in this Contract shall be interpreted as authorizing the Contractor or
its agents and/ or employees to act as an agent or representative for or on
behalf of the State of Wyoming or WDOC, or to incur any obligation of any kind
on the behalf of the State of Wyoming or WDOC except as otherwise explicitly
delineated herein.
The Contractor agrees that no health/hospitalization
benefits, workers' compensation and/ or similar benefits available to State of
Wyoming employees will inure to the benefit of the Contractor or the
Contractor's agents and/or employees as a result of this Contract. Nothing in
this Contract is intended nor shall be construed to create an agency
relationship, an employer/employee relationship, a joint venture relationship,
or any other relationship allowing WDOC to exercise control or direction over
the manner or method by which Contractor or its subcontractors perform
hereunder.
i.
Contractor has the power to enter into the transaction
contemplated by this Contract and to carry out its obligations hereunder, and
is duly authorized or licensed and in good standing as a corporation to do
business in the State of Wyoming.

Contractor certifies that is has not been found guilty in
a judicial or state administrative agency proceeding of unfair business
practices within the year preceding the Effective Date of this Contract.
Contractor further certifies that no other officer of Contractor's business has
served, within the past year, as an officer of another company which has been
found guilty in a judicial or state administrative agency proceeding of unfair
business practices. Contractor agrees that if the above certifications are false,
then at the option of WDOC, this Contract is subject to termination, such false
certifications being a material breach of this Contract.
H.

L.
Kickbacks. The Contractor certifies and warrants that no
gratuities, kickbacks or contingency fees were paid in connection with this
Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
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Contract, nor were any fees, commissions, gifts, or other considerations made
contingent upon the award of this Contract. If the Contractor breaches or
violates this warranty, WDOC may, at its discretion, terminate this Contract
without liability to WDOC, or deduct from the Contract price or consideration,
or otherwise recover, the full amount of any commission, percentage,
brokerage, or contingency fee.
M.
Notices. All notices arising out of, or from, the provisions of
this Contract shall be in writing and delivered to the parties, either by delivery
in person, by courier, or by registered or certified mail addressed to the party's
address listed below. Notice shall be presumed to have been received five (5)
business days after it is deposited in a U.S. Postal Service Depository.
i.

For State of Wyoming, Department of Corrections:
Wyoming Department of Corrections
700 West 21 st Street
Cheyenne, WY 82002
ATTN: Jamie Spezzano

ii.

For Inmate Calling Solutions:
Inmate Calling Solutions, LLC
5883 Rue Ferrari
San Jose, CA 95138
ATTN: Ken Dawson

N.
Ownership of Documents/Work Product/Materials. All
documents, reports, records, field notes, data, samples, specimens, and
materials of any kind provided to WDOC by Contractor, with the exception of
privileged or proprietary documents resulting solely from the performance of
this Contract, are at all times the property of WDOC. Information that is
internal to Contractor's business operation shall be considered proprietary and
not considered the property of WDOC.
Patent or Copyright Protection. The Contractor recognizes
O.
that certain proprietary matters or techniques may be subject to patent,
trademark, copyright, license or other similar restrictions, and warrants that
no work performed by the Contractor or its subcontractors will violate any such
restriction. The Contractor shall defend and indemnify WDOC for any violation
or alleged violation of such patent, trademark, copyright, license or other
restrictions.
P.
Prior Approval. This Contract shall not be binding upon
either party, no services shall be performed under the terms of this Contract,
and the Wyoming State Auditor shall not draw warrants for payment on this
Contract, until this Contract has been reduced to writing, approved as to form
by the Office of the Attorney General, filed with and approved by A&I
Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Page 13 of18

•

Procurement, and approved by the Governor of the State of Wyoming or his
designee if required by Wyo. Stat. § 9-2-10 16(b)(iv)(D).

Proof of Insurance

i.
The Contractor shall not commence work under this
Contract until the Contractor has obtained the following insurance coverage
and provided the corresponding certificates of insurance:
a.
Business Automobile Liability. The Contractor
shall maintain, during the entire term of the Contract, automobile liability
insurance protecting against bodily injury, through insurance companies with
no less than A rating in the A.M. Best insurance rating guide, in an amount
not less than two hundred fifty thousand dollars ($250,000.00) per person and
five hundred thousand dollars ($500,000.00) per occurrence.
b.
Commercial General Liability Insurance. The
Contractor shall have and maintain comprehensive general liability insurance
coverage through insurance companies with no less than A rating in the A.M.
Best insurance rating guide, during the entire term of the Contract, against
claims arising out of bodily injury, death, damage to or destruction of the
property of others, including loss of use thereof, and including products and
completed operations in an amount not less than one hundred thousand
dollars ($100,000.00) for any single accident resulting in injury or destruction
of property, five hundred thousand dollars ($500,000.00) for each occurrence
of bodily injury or death, and one million dollars ($1,000,000.00) for damages
resulting in bodily injury or death in the aggregate.
c.
Excess Liability. Contractor shall maintain,
during the entire term of the Contract, an umbrella form of excess liability
insurance, through insurance companies with no less than A rating in the A.M.
Best insurance rating guide, in an amount not less than one million dollars
($1,000,000.00) .
d.
Workers'
Compensation
or
Employers'
Liability Insurance. The Contractor shall provide proof of workers'
compensation coverage pursuant to the Wyoming Workers' Compensation Act
(Wyo. Stat. § 27-14-101 et seq.), if statutorily required, or such other workers'
compensation insurance as appropriate. Contractor's insurance shall include
"Stop Gap" coverage in an amount not less than five hundred thousand dollars
($500,000.00) per employee for each accident and disease.
Coverage. All policies required under this Contract
shall be in effect for the duration of this Contract. All policies shall be primary
and not contributory. Contractor shall pay the premiums on all insurance
policies and insurance certificates must include a clause stating that the
11.

Contract between the State ofWyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Page 14 of18

•

insurance may not be revoked, cancelled, amended or allowed to lapse until the
expiration of at least thirty (30) days advance written notice to WDOC. The
insurance required shall be on either an occurrence basis or on a claims-made
basis. WDOC agrees to provide Contractor with reasonable and timely notice
on any claim, demand or causer of action made or brought against WDOC
arising out of or related to the utilization of equipment or services rendered by
Contractor. Contractor shall have the right to defend any such claim at its sole
cost and expense and with its exclusive discretion. WDOC agrees not to
compromise or settle any claim or cause without the prior written consent of
Contractor.

iii.
Waiver of Subrogation. Contractor shall be required
to provide WDOC with a waiver of subrogation.
iv.
Right to Reject. WDOC reserves the right to reject a
certificate of insurance if the Contractor's insurance company is widely
regarded in the insurance industry as financially unstable. This would
include, but is not limited to, insurance companies with no less than A rating
in the A.M. Best insurance rating guide.
v.
Named as an Additional Insured. All insurance
policies required by this Contract, except Workers' Compensation, required for
performance of this Contract shall include the State and WDOC, and their
divisions, officers, and employees as Additional Insured, solely against claims
brought against the State, WDOC, or their public employees under the
Wyoming Governmental Claims Act and claims against the State, WDOC, or
their public employees arising under 42 U.S.C. § 1983 or other federal statutes,
which the State has obligated itself to pay under the Wyoming Governmental
Claims Act, but only with respect to Contractor's activities to be performed
under this Contract.
vi.
Sub-contractors. The Contractor shall ensure that all
sub-contractors engaged by the Contractor carry and maintain sufficient
insurance. The Contractor and sub-contractors shall submit proof of such
insurance to WDOC.
vii.
Cancellation. There shall be no cancellation, material
change, potential exhaustion of aggregate limits or intent to not renew
insurance coverage without thirty (30) days written notice from Contractor or
their insurers to WDOC. Any failure to comply with the reporting provision of
this insurance, except for the potential exhaustion of aggregate limits, shall not
affect the coverage provided to WDOC and its divisions, officers, and
employees.
R.
Publicity. Any publicity given to the program or services
provided herein, including but not limited to notices, information, pamphlets,
Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Page 15 of18

•

press releases, research, reports, signs, and similar public notices prepared by
or for the Contractor, shall identify WDOC as the sponsoring agency and shall
not be released without prior written approval from WDOC.

S.
Severability.
Should any portion of this Contract be
judicially determined to be illegal or unenforceable, the remainder of the
Contract shall continue in full force and effect, and either party may
renegotiate the terms affected by the severance.
T.
Sovereign Immunity. The State of Wyoming and WDOC do
not waive sovereign immunity by entering into this Contract and specifically
retain immunity and all defenses available to them as sovereigns pursuant to
Wyo. Stat. § 1-39-104(a) and all other state law.

Taxes. The Contractor shall pay all taxes and other such
amounts required by federal, state and local law, including but not limited to
federal and social security taxes, workers' compensation, unemployment
insurance and sales taxes.

v.
Termination of Contract.
In the event either party
breaches the Contract by failing to perform as agreed, the non-breaching party
shall give the breaching party written notice of the failure stating what failure
has occurred. The breaching party shall have thirty (30) days after the receipt
of such notice to remedy the failure. If the breaching party does not remedy
the failure in the allowed thirty (30) days, the non-breaching party may
terminate this Contract. Should Contractor for any reason, except in the case
of force majeure, become unable to complete the work required by this
Contract, WDOC may, at its sole discretion, call for fifty-five thousand dollars
($55,000.00) in liquidated damages. Notwithstanding the above, should WDOC
prevent Contractor from entering the premises to complete repair work on the
inmate telephone equipment, Contractor shall have time to complete said
repairs using under the provisions outlined in Attachment A (Section XII,
Item D) after WDOC allows Contractor access to the inmate telephone
equipment.
i.
Contractor is responsible for performing remote
diagnostics, monitoring, and maintenance on the inmate telephone system. In
the event that WDOC experiences a service or equipment outage, Contractor
shall repair any such outage or otherwise restore service within ten (10) days
after it receives notice of or detects a service or equipment outage. If
Contractor is unable to make the necessary repairs and/or restore service
within this ten (10) day period, WDOC may immediately terminate this
Contract upon providing written notice of termination to Contractor. The
Transition period referred to in Section XI of Attachment A will begin upon
the termination of this Contract.
Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Page 16 of18

•

ii.
The Contract between WDOC and Contractor may be
terminated by WDOC upon sixty (60) days written notice from WDOC to
Contractor. The Transition period referred to in Section XI of Attachment A
will begin upon the termination of this Contract.
W.
Third Party Beneficiary Rights. The parties do not intend
to create in any other individual or entity the status of third party beneficiary,
and this Contract shall not be construed so as to create such status. The
rights, duties and obligations contained in this Contract shall operate only
between the parties to this Contract, and shall inure solely to the benefit of the
parties to this Contract. The provisions of this Contract are intended only to
assist the parties in determining and performing their obligations under this
Contract. The parties to this Contract intend and expressly agree that only
parties signatory to this Contract shall have any legal or equitable right to seek
to enforce this Contract, to seek any remedy arising out of a party's
performance or failure to perform any term or condition of this contract, or to
bring an action for the breach of this Contract.

x. Waivers. Only a written instrument executed by the party
waiving compliance may waive the terms, covenants, representations and/ or
warranties contained in this Contract. The failure of either party at any time to
require performance of any provision hereof shall in no manner affect the right
at a later date to enforce the same. No waiver by either party of any term(s),
covenant, representation or warranty contained in this Contract, whether by
conduct or otherwise, in anyone or more instances, shall be deemed to be, or
construed as, a further or continuing waiver of such term, covenant,
representation or warranty, or of any other term, covenant, representation or
warranty contained in this Contract.
INTENTIONALLY LEFT BLANK

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Page 17 of18

•

Y.
Signatures. By signing this Contract, the parties certify that
they have read and understood it, that they agree to be bound by the terms of
the Contract, that they have the authority to sign it.
This Contract is not binding on either party until approved by A&I
Procurement and the Governor of the State of Wyoming or his designee, if
required by Wyo. Stat. § 9-2-1016(b)(iv).
The effective date of this Contract is the date of the signature last
affIxed to this page.

STATE OF WYOMING, DEPARTMENT OF CORRECTIONS:

?f;~j4 #

d?--

Date

Robert O. Lampert
Director
INMATE C

LING SOLUTIONS, LLC:

~ IDate

NEY rENERAL'S O. ICE APPROVAL AS TO FORM:

IVJ!/JY! .·

~VJ

Daniel M. Fetsco
Senior Assistant Attorney General

~ ~ '\ ( - o~
Date

Contract between the State ofWyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Page 18 of 18

•

ATTACHMENT A

•

CONTRACTOR RESPONSIBILITIES & INMATE TELEPHONE SYSTEM
FEATURES AND FUNCTIONALITIES
I.

GENERAL REQUIREMENTS

The Contractor shall furnish, install and maintain telephones for
use by inmates at the Facilities listed in Attachment B operated
by WDOC. The Contractor shall provide all telephone services to
the inmates utilizing Contractor's Inmate Telephone System ("ITS")
in accordance with those requirements and provisions set forth in
this section.

II.

Contractor shall notify WDOC of any new software upgrades
within thirty (30) days of the introduction of the new
software into the market by Contractor. Contractor shall
notify WDOC and upgrade the ITS with new software
versions and new hardware developments at no cost to
WDOC.

Contractor shall comply with all applicable laws, rules,
regulations, and orders of any authorized agency,
commission, unit of the federal government, state, county, or
municipal government at no cost to WDOC. The Contractor
shall be authorized by the appropriate governing body
and/ or regulatory agency to be an Inmate Telephone Service
Provider.

SECURITY

All Contractor employees shall obtain, at Contractor's cost, the
appropriate personnel background security clearances prior to
arrival at the Facilities. All Contractor employees will comply with
WDOC's policies and procedures. Entry to the Facilities is subject
to the approval of the WDOC's onsite Facility Administrator,
Warden or Security Manager.
III.

SINGLE POINT OF CONTACT

Contractor shall appoint an Account Executive ("AE") who will act
as a single point of contact for all inmate telephone-related
activities, inquiries, service requests and issues. Contractor will
provide a toll-free telephone number for inmate telephone service
Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 1 of19

•

issues. Contractor shall also provide a fax number and an Internet
e-mail address.
IV.

ONGOING INSTALLATIONS
A.

For each installation, the Contractor shall submit an
implementation plan that shall include an installation
schedule. Any initial installations must be completed within
forty-five (45) days of the date WDOC awards the Facilities to
the Contractor. This implementation plan will become a part
of the Contract and must be followed.

The Contractor agrees to obtain WDOC's written permission
before proceeding with any work that requires cutting into or
through girders, beams, concrete or tile floors, partitions or
ceilings, or any work that may impair fireproofing or
moisture proofing, or potentially cause any structural
damage. WDOC does not anticipate that such work will be
required for the initial installation of the ITS.

The Contractor agrees to assume responsibility for all
installation of equipment in accordance with the
specifications contained in the manufacturer's installation
instructions.

The Contractor shall provide a signed statement indicating
that all circuits have been tested, and that all cables, pairs,
blocks, frames, and terminals are legibly marked after
completion of each installation.

Use of existing or in-place conduit, raceways, cable ways,
cable, inside wiring, telephone set mountings, switches,
terminal boxes, and terminals within the Facilities are at the
risk of Contractor. No exposed wiring will be permitted.
Ownership of any wiring or conduit placed under this
Contract by Contractor becomes WDOC's upon expiration
and/ or termination of the Contract.

The Contractor agrees that if any cabling work is required as
part of any installation, all new cables shall be used and
marked clearly and legibly at both ends, and must meet all
applicable EIA/TIA wiring standards for commercial
buildings.

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 2 of19

•

The Contractor shall install additional telephones and
monitoring and recording equipment as needed at no cost to
WDOC. This includes expansion to the existing Facilities and
any newly constructed Facilities. This shall be done
throughout the Contract term and all subsequent renewal
terms.

The Contractor shall provide and install adequate surge and
lightning protection equipment on all lines used for the ITS.

Installation of all telephones and related equipment shall be
accomplished during normal business hours at each Facility
or as directed by Facility's onsite Administrator, Warden or
Security Manager.

The Contractor shall clean up and remove all debris and
packaging material resulting from any work performed at the
Facilities.

The Contractor shall restore to original condition any
damage to WDOC's property caused by maintenance or
installation personnel associated with Contractor, including
repairs to walls, ceilings, etc.

The Contractor agrees to install, repair and maintain all
Contractor provided equipment and lines at no cost to
WDOC. All Contractor provided equipment, installation,
maintenance and repair costs as well as all costs or losses
due to vandalism shall be the total responsibility of
Contractor.

Upon completion of initial installation and ongoing
installations, Contractor must provide WDOC with a list of
telephone numbers, serial numbers, and locations of each
unit.

STATION EQUIPMENT SPECIFICATIONS

The ITS shall be capable of providing all operational features and
system requirements applicable to all calls placed through the
system, including local, long distance, and international calling.
A.

Each call, having been identified as being placed through
Contractor's ITS, shall be delivered to the called party as

Contract between the State of Wyoming, Department of Corrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 3 of 19

•

either a collect, debit - if the debit application is in effect and
chosen as the means to place the call, or pre-paid call.
B.

Telephone station equipment shall be powered by the
telephone line and require no additional power source. A
power source will be available at the demarcation location.

Contractor shall install, at minimum, one (1) inmate
telephone for every ten (10) inmates in a day room or
dormitory environment. Contractor must agree to install the
quantity of telephones required by WDOC as detailed in
Attachment B. Also, Contractor shall provide each Facility
with a minimum of 10% onsite- inventory to allow for simple
replacement of inmate telephone parts by the Facility
personnel. Contractor shall be responsible for ensuring the
on-site inventory is replenished, at a minimum, on a
monthly basis. The parties shall work together to determine
the best method of returning the damaged parts to the
Contractor.

The ITS shall comply with all Federal Communication
and/ or Utility Commissions regulations.
The ITS and
telephone stations shall be sturdy, non-coin, vandal
resistant and steel armored composed of durable, tamperfree equipment suitable for a detention environment. The
equipment must contain no removable parts.

Contractor shall provide a sufficient number of telephone
lines to the ITS to prevent inmates from receiving busy
signals more than 0.5% of the time.

Contractor shall provide telephone reception quality at least
equal to the toll quality offered to the general public and
shall meet telecommunication industry standards for service
quality.
A minimum of twenty (20%) percent of the
telephone sets must be of the "amplified" or volume
controlled sort. Contractor shall accept WDOC's decision
regarding whether the reception quality meets industry
quality standards.

Call acceptance by the called party shall be accomplished for
all collect, debit, and pre-paid calls through caller
confirmation (positive acceptance). Voice recognition is not
an acceptable method for positive call acceptance. The ITS
shall be able to recognize and distinguish standard or

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 4 of 19

•

irregular busy signals, standard or irregular ringing signals,
answering machines, cellular telephones, pagers, operator
intercepts, quick disconnects, chain dialing, no voice from
called party, etc.
H.

The ITS shall monitor the switch hook of the inmate
telephones and if the switch hook is depressed at any time,
the call will be disconnected or an internal dial tone should
be activated to prevent fraud. Contractor must assume all
responsibility for fraud.

During the call set up process, the ITS shall provide a prerecorded announcement identifying that the call is coming
from a specific inmate located at the Facilities listed in
Attachment B. All collect calls must be clearly identified as
a collect call to the called party. This recording must be
heard by the called party and be free of any toll charges. The
announcement shall also include:
"This call may be
monitored and recorded."

The ITS shall process calls on a selective bilingual basis:
English and Spanish. The inmate must be able to select the
preferred language utilizing a simple code. The called party
must also be able to select the preferred language for call
prompts. Written dialing instructions in both English and
Spanish must be permanently and prominently displayed on
each inmate telephone.

Contractor shall subscribe to the Local Exchange Carrier
Line Information Screening Data Base (LIDB). Contractor
shall query this database for each inmate call and process
only those calls which do not have Billed Number Screening
(BNS). Contractor must assume all responsibilities for the
cost and the accuracy of validation.

The ITS shall provide a recording back to the inmate which
details why a call was not completed.

The ITS shall have the capability to provide free calling to
selected local numbers as determined by WDOC.

The ITS shall have the capability to program a specific speed
dial code to selected numbers as determined by WDOC.

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 5 of19

•

Vendor shall provide WDOC with its SourceCheck 411
technology at each workstation. The call detail records shall
be able to display the reverse directory information for the
specified called number to include, at a minimum, the called
party's billing name and address. The database shall be
accessed via a secure link to the internet and shall be
constantly updated. The subscription to the SourceCheck
technology shall be provided to the WDOC and Facilities
listed on Attachment B at no charge and shall be available
at every workstation and any remote monitoring stations.

The Contractor must notify each Facility or the WDOC's
Designated Agent any time a technician will require entry to
any of the Facilities listed on Attachment B.

The ITS shall, upon request by WDOC, provide specific
information for tracking inmate calling activities and calling
patterns by individual telephone numbers. The following
reports shall be available for monitoring and billing
purposes:
1.

Monitoring reports that can be provided or sorted by
any or all of the following criteria:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Daily statistical reports;
Facilities name;
Originating number;
Terminating number;
Date of call;
Time of day;
Inmate name;
Length of call;
Type of call - local, intralata etc;
Method of payment - collect, debit or pre-paid;
Line or Trunk group and trunk number call
route;
Location of station originating the call;
Cost of the call;
Call Acceptance code/Method of call acceptance;
Call Termination code/Method of call
termination;
PIN number;
Frequently called numbers (for all numbers
called more than 5 times in one day);

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 6 of 19

•
•

•
•
•

•

Calls from a specific inmate telephone station ID
or group of station IDs;
Common numbers called (for all numbers called
by more than one inmate);
Blocked numbers report; and
Three way call attempt reports.

Billing reports that can be provided or sorted by any or
all of the following criteria:
•
•
•
•
•
•
•
•
•
•
•
•
•

Call detail report;
Amount charged per call;
Gross charges billed;
Daily statistics;
Monthly statistics;
Called party/number accepting report;
Fraud/velocity report;
Separate facility totals and statistics;
All facility totals and statistics;
Total calls;
Calls by date;
Time of day; and
Length of a call.

The ITS shall provide system administrators with the
capability to print reports directly from the search screen.
After selecting the required parameters, the ITS shall have
the capability to provide a return list of calls matching the
criteria which can be printed in a report format. The ITS
shall also have the capability to produce call count reports,
and daily reports as well as frequency reports based on any
of the criteria detailed above or any parameters as defined by
the WDOC.

Security shall be maintained by a multi-level password
system based on user access requirements. The ITS shall
allow users to be assigned pre-set security levels, or allow
the flexibility to assign individual access permissions based
upon specific job requirements. These permissions shall
include, but not be limited to, access to inmate accounts,
monitoring, call searching, etc.
Those users with the
administrator level password must have the ability to set
user access parameters for other users according to security
requirements.

Contract between the State ofWyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 7 of19

•

The ITS must include a user log. Only those users with
administrator level access should be able to review the user
log. The log must include user access to the system, the
time and date of each access, and the action taken during
the user access.

The ITS shall also provide the ability to customize reports in
a form mutually agreed upon by WDOC and its Designated
Agent and Contractor.

The call detail records shall be stored in a minimum of three
(3) locations to avoid any possibility of call detail records
being lost.

The ITS shall store all call detail records, including all
attempts and completed calls at each Facilities for the life of
the Contract. WDOC shall have access to all call detail
records for any of the Facilities from the central office in
Cheyenne, WY via remote access.

The Contractor shall have the ability to perform remote
diagnostics to the ITS to determine if a problem is with the
telephone unit or with the telephone line.

The ITS shall be TCP lIP compatible and allow multiple
operators simultaneous access while maintaining adequate
security to prevent unauthorized use and access.

Contractor shall provide accommodations necessary to
comply with Americans with Disabilities Act (ADA)
requirements, including but not limited to, providing
telephones which are accessible to persons in wheelchairs
and providing systems that are compatible with Telephone
Devices for the Deaf (TDD). Contractor shall provide one (1)
TDD telephone at each Facility listed in Attachment B at no
cost to WDOC. The TDD telephones shall be compatible with
the ITS.

AA.

The ITS must offer the called party an option to receive a rate
quote during the call set-up process for every call type.

HH.

Contractor shall have the capability to establish an
"informant" line. Calls to the "informant" line shall be free
and shall be routed to a destination designated by WDOC. If

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 8 of19

•

so requested by WDOC, the destination for the "informant"
line may be an automated voicemail box.
CC.

VI.

Pro bono calls to Consulates of all countries are required for
ICE detainees and shall be provided at no cost to WDOC.

SECURITY FEATURES

The ITS shall prohibit direct-dialed calls of any type.

The ITS shall prohibit access to "411" information service.

The ITS shall prohibit access to 800 and 900 type services.

The ITS shall prohibit access to multiple long distance
carriers via 950,800, and 10 10-XXX numbers.

The ITS must be able to shut down quickly and selectively.
WDOC must be able to shut down the ITS by cut-off
switches at several locations including, but not limited to:
1.

At demarcation location - total facility telephones;

By central control center - select telephones, and;

By select housing units - control center.

The ITS shall be able to take an individual station out of
service without affecting other stations or units.

The ITS shall prevent any inmate telephone from recelvmg
any incoming calls. The Contractor agrees that no inmate
telephone shall be capable of receiving an incoming call and
Contractor shall work with the local exchange carriers
(LECs) to ensure such control.

The ITS, upon detection of a three-way call, shall have the
capability to flag the call as a three-way call and in addition,
the ITS shall have the capability to terminate the call
immediately.

The ITS shall have the ability of answer detection.

The ITS shall incorporate keyword search technology.

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 9 of 19

VII.

•

The ITS shall have a fraud prevention feature. This feature
will randomly interject pre-recorded announcements
throughout the duration of the conversation to the called
party indicating the source of the call. The inmate must not
be able to interfere with these announcements.

The ITS shall be capable of denying certain telephone
numbers from inmate dialing.

The inmate's call shall be muted until the called party has
positively accepted the collect, debit or pre-paid call.

The ITS shall be capable of limiting the length of a call,
providing the dial tone at certain times of the day and
allowing a maximum number of minutes per inmate, per
month.

In all circumstances, the ITS shall limit the inmate to a
single call request. The ITS shall always require the inmate
to disconnect and initiate another call.

ITS shall have the capability to detect and terminate Remote
Call Forwarding calls whenever Contractor develops such
technology.

PERSONAL IDENTIFICATION NUMBER (PIN) APPLICATION
A.

The PIN application shall work with the ITS using all of the
features described herein.

The ITS shall have the capability to provide collect, debit,
and pre-paid station-to-station calling utilizing a PIN.

The ITS shall be capable of providing Allow Lists (PANs)
associated with each PIN. The PANs shall store a set quantity
of allowed telephone numbers for each inmate. Attorney
numbers included on inmate PANs shall be marked as "do
not record."

The Contractor shall be responsible for transferring the PIN
and PAN information stored in the inmate telephone system
currently being used at the WDOC facilities listed in
Attachment B at no cost to WDOC.

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 10 of 19

•

The ITS shall be capable, upon request by WDOC, to provide
specific information for tracking inmate calling activities and
calling patterns by individual telephone numbers.
The
following reports shall be available for monitoring purposes:
1.

Authorized Call Lists by PIN or identifying number;
and

Calls by PIN or other identifying number

The ITS shall have the capability to generate PINs for
inmates through the inmate telephones using the inmate
number, Book IN number, random number generated by the
ITS, or some number unique to the inmate.

The ITS shall have the capability to interface with the
WDOC's booking system in accordance with Contractor's
standard file transfer formats so that the inmate PIN can be
automatically transferred to the ITS.
If the automated
method is selected by the WDOC, the Facilities shall not be
responsible for entering PIN numbers into the ITS when new
inmates are booked.

The PINs and PANs shall be stored in a database that is
accessible to designated users, depending upon the user's
password level.

The ITS shall include, at a minimum, an alert system that
will detect and prohibit an attempted call made to a
restricted number, an attempted call using a restricted PIN,
or an attempted call made from a restricted telephone.

The ITS shall store inmate information in a central storage
location so inmate information is available to any of the
Facilities listed in Attachment B without WDOC
administrative staff being required to re-enter inmate
information.

Once an inmate is activated in the ITS, the inmate shall be
allowed to complete calls from any Facility listed in
Attachment B without any additional administrative work
from the WDOC personnel at any Facility. However, a PIN
shall not be allowed to be used at two different Facilities on
the same day.

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 11 of19

•

PAN lists shall be stored in a central location so the PAN
information does not have to be transferred by the
administrative staff of any WDOC Facility.

VIII. MONITORING AND RECORDING REQUIREMENTS
A.

The ITS shall be capable of providing station equipment
monitoring and recording.

The Contractor shall provide remote access to the WDOC
central office in Cheyenne, WY, enabling WDOC to access
any of the call recordings completed at any of the Facilities
listed in Attachment B. The remote access shall also
include access to any and all call recordings stored at any of
the Facilities listed in Attachment B, plus access to those
call recordings stored at the central office in Cheyenne, WY.

The ITS shall comprehensively record all calls. The inmate
telephone system must provide a fully integrated recording
component for use in recording inmate telephone calls.
Inmate telephone administration, conversation monitoring,
and conversation recording and playback should all take
place from the inmate telephone system workstation at each
Facility and the WDOC central office located in Cheyenne,
WY.

The recorded conversations stored in the system must
provide security measures to ensure that the conversations
have not been tampered with. This security must extend
even to recordings that have been transferred to external CD,
The IT
DVD medium and/or transmission bye-mail.
Contractor SP must provide expert testimony regarding
security of the call recordings if required at no cost to
WDOC. The transferred record must include all call record
detail available in the ITS (time and date of the call, PIN
number, destination number, etc) of the recorded
conversation.

The ITS shall utilize current technology in hardware,
specifically hard disk drive arrays for long and short term
storage. These arrays shall be configured for maximum
performance.

The ITS shall utilize self - contained, internal data storage.
All call recordings shall be stored online for the life of

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 12 of19

•

the Contract and then shall be stored omine indefinitely.
All call detail records shall be collected and stored real time
at a central, secure location and at an off-site backup.
G.

Offline storage shall not utilize any type of tape or tape
cartridge. Offline storage shall be readily accessible and shall
not require WDOC to load or change out any media.

The ITS shall be capable of permitting full monitoring and
recording of all calls from any telephone within the Facilities
unless there are restrictions that prohibit the recording and
monitoring of certain calls such as attorney-client
restrictions. The ITS shall have the capability to exclude
recording of those calls.

ITS shall be capable of attaching a note document to any call
record to include information such as case number or other
investigative data. This note shall be a permanent part of the
call record and shall have the capability to be saved to disk.
The ITS shall have the capability to save all notes in word
processing programs as Microsoft Word with the original
formatting. Additionally, the ITS shall have the capability to
conduct searches on the information contained within the
notes i.e. case number, inmate name etc.

The ITS shall record the method in which the call was
accepted or denied. Further, the ITS shall record the method
in which the call was terminated. This information shall be
contained within the call detail records (CDR) and shall be
included in call detail reports.

The ITS shall be capable of showing real time call activity
(Live Monitoring) on each workstation or remote access
computer. This activity shall be detailed by the call date, call
start time, inmate ID / PIN, originating telephone station,
called number and length of call.

The ITS shall allow administrators to search for calls
completed and recorded during a specific time period,
originating telephone station number, called number, calls
with pre-defined "keywords", or calls made by phones
assigned to a certain group. Playback of online recorded calls
from remote access locations shall commence within ten (10)
seconds of selection by the operator. Playback of online
recorded calls shall not require any media change. Offline

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 13 of19

•

records should be accessible in a rapid manner and shall not
require the ITS equipment to play the calls back.
M.

The ITS shall allow the manual set up of the monitoring and
recording connection on an as-needed basis on any of the
workstations provided by the Contractor located at the
Facilities. The ITS shall have the capability to select a
particular telephone number for recording or monitoring
while a call is in progress.

The ITS shall have the capability of automatically calling and
alerting investigators and offering live monitoring of calls.
The recording system shall allow for live monitoring of calls
in real time, without any interference to existing recording
operation. This feature should be available locally over the
workstation speakers, as well as remotely to a telephone
number specifically designated by the system administrator.
Additionally, the WDOC shall have the capability, while
monitoring, to terminate the call from the phone keypad.
Monitoring shall not be detectable by the inmate or the
called party and the ITS should be able to allow multiple
endpoints to monitor ongoing conversations.

All recordings for each Facility shall be available online via
the ITS workstation interface so that system-wide
investigations may be performed from a central location at
any WDOC Facility and the WDOC central office. This
process shall not require more than one login by an
authorized user.

The ITS shall allow an administrator to designate "Hot" PINs
or "Hot" destination numbers. When the ITS detects that a
call is being made using any of the preprogrammed Hot PINs
or Hot destination numbers the ITS shall automatically call
certain destination numbers designated by the WDOC. The
ITS shall allow system administrators to add or remove
destination numbers from the hot list table. These
designated numbers should include any standard phone
number, cell phone and/or pager. When WDOC personnel
receive an alert call from the system, the ITS shall promptly
notify the recipient of the alert and the recipient will be
instructed to enter a security code which will immediately
enable the user to monitor the live call in progress. The
recipient should be undetected by the inmate or called party;
however, WDOC should have the capability to disconnect the

Contract between the State of Wyoming, Department of Corrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 14 of19

•

call or cut into the call and talk to each party. Alerts to
pagers must include information including number being
dialed, PIN used, etc. The ITS shall allow the chain of three
(3) numbers to be called in sequential form to alert Facility
personnel.
Q.

The ITS shall provide for simultaneous playback of recorded
calls and continuous recording of live conversations. It is
mandatory that the playback of any selected channel shall
be accomplished while continuing to record all input
channels. The recording system must provide the Facility
personnel the ability to search for recorded calls by
individual PIN, specific date and time criteria, individual
destination numbers, individual inmate telephones, or a
group of inmate telephones. The system shall provide a
playback history list of all recorded call(s) to determine every
user that has listened to the recorded call.

The ITS shall provide for continuous online diagnostics and
continuous supervision, as well as local remote offline
system control access for advanced programming and
diagnostics. Access to the built-in advanced diagnostics and
program control shall be accessible via modem by service
center personnel and shall provide failure reports, service
history and other diagnostics.

The ITS shall have the capability to copy the conversations
onto a compact disc (CD), DVD, e-mail or other electronic
medium for transport and replay on any computer with
audio capabilities. The storage device shall be provided by
the Contractor and be located in the area designated by
WDOC. The storage device shall produce transfer recordings
with virtually no loss in quality and shall be capable of
placing an audio time and date stamp within the recording.
The storage device shall have a monitor amplifier and
speaker so that the Investigator may confirm accurate
transfers of the recorded information.

Time and date entries for each recorded conversation shall
be displayed on a per channel basis. The ITS shall display
all conversations in chronological order to facilitate research
and playback.

Contractor shall provide WDOC with a number of
workstations as specified in Attachment B, working real-

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 15 of 19

•

time with the ITS for such monitoring, recording, and
reporting. Each workstation shall include a CD burner.

IX.

The Contractor shall provide an uninterrupted power supply
source to ensure there is no loss of recordings or real time
call data in the event of a power failure.

Conversations shall be recorded on visitation phones for the
facilities shown on Attachment B.

PRE-PAID AND/OR DEBIT APPLICATION

WDOC may implement a pre-paid card and/ or debit application at
the Facilities. At the time when WDOC chooses to implement such
an application, the application must include, but not be limited to,
the following:
A.

The pre-paid and/ or debit application shall work with the
ITS provided.

The debit program shall interface with the current
Commissary System for ease of transfer of money from the
commissary account to the inmate ITS account. The current
commissary provider is Cashless Systems.
Cashless
Systems shall invoice Contractor seven thousand and five
hundred dollars ($7,500.00) for the interface between the ITS
and the commissary accounting software utilized at the
Facilities. In turn, WDOC agrees to reduce the initial debit
amount of fifty thousand dollars ($50,000.00) (specified in
Section 4.B.) by seven thousand and five hundred dollars
($7,500.00) as payment for the cost associated with the
interface described herein.

The pre-paid and/or debit applications shall allow for prepayment to a specific inmate's account by an inmate or a
member of inmate's allowed calling list.

The ITS shall provide the inmate with the balance of their
pre-paid and/ or debit account at the time of each call.

The pre-paid and/ or
international calls.

The pre-paid and/or debit application shall have the
capability to terminate an account and refund income to the

debit

application

shall

allow

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 16 of19

•

inmate or participant on the inmate's allowed calling list.
G.

XI.

The pre-paid and/ or debit calling rates may be lower than
the collect calling rates as detailed in Attachment B.

TRAINING

Contractor shall provide training to WDOC's staff at the
location where the equipment is installed.
Additional
training may be requested by WDOC at any time during this
Contract and the additional training shall be provided at no
cost to WDOC. Training manuals shall be provided at no
cost to WDOC's staff at all training meetings. The training
manuals will become the property of WDOC.

Informational pamphlets shall be available for inmates
relative to the applicable features and functionalities of the
ITS, when requested by WDOC.

The Contractor training manual shall include, but not be
limited to:
1.

A description of the SourceCheck 411 technology;

A description of the process for accessing all call
recordings;

The process for creating, exporting and transferring
case files;

Information on the type of media player required to
playback call recordings; and

User security levels available, as well as the permitted
tasks for each security level.

TRANSITION

At the expiration and/ or termination of this Contract,
Contractor shall work with WDOC, its Designated Agent, and
the new Contractor to ensure an orderly transition of
services and responsibilities under the Contract and to
ensure the continuity of the services required by WDOC.

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 17 of19

XII.

•

Upon expiration, termination, or cancellation of the
Contract, Contractor shall cooperate in an orderly transfer of
responsibility and/or the continuity of the services required
under the terms of the Contract to an organization
designated by WDOC.
Contractor shall provide and/ or
perform any or all of the following responsibilities:

Contractor acknowledges that the call records, call
recordings, documentation, reports, data, etc.,
contained in the ITS are the property of WDOC.
Contractor agrees that one (1) workstation shall
become the property of WDOC at the expiration,
cancellation, or termination of this Contract so that
WDOC will have access to all call records,
documentation, reports, data, etc. that are contained
in the inmate telephone system.

Contractor shall discontinue providing service or
accepting new assignments under the terms of the
Contract, on the date specified by WDOC. Contractor
agrees to continue providing all of the services in
accordance
with
the
terms
and
conditions,
requirements and specifications of the Contract for a
period not to exceed ninety (90) calendar days after the
expiration,
termination
or
cancellation
date.
Commissions are applicable to any and all calls
handled by Contractor and will be due and payable by
Contractor to WDOC as described in Section 4 and
shall be payable as described in Section 4.E. of this
Contract.

All inside wiring shall become the property of WDOC at the
conclusion of the Contract. Contractor agrees to remove its
equipment at the conclusion of the Contract in a manner
that will allow the reuse of the wire distribution and
following the installation of the new provider's system in
order to ensure a smooth transition.

MAINTENANCE

The Contractor shall provide the necessary labor, parts,
materials, and transportation to maintain all proposed
telephones in good working order and in compliance with the
equipment
manufacturer's specifications throughout the

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 18 of19

•

life of the Contract. No charge shall be made to WDOC for
maintenance of the ITS.
A.

The Contractor will be responsible for supplying all
CDs/DVDs for the storage of call recording at no cost to
WDOC and for the life of the Contract.

The Contractor shall maintain all cable related to the ITS,
whether reused or newly installed.

The Contractor shall respond to repair requests from WDOC
or its Designated Agent by arriving at the site promptly after
reasonable notice has been given on a twenty-four (24) hours
a day, seven (7) days a week basis, three hundred sixty-five
(365) days a year.

Repairs or replacements shall be started by a qualified
technician within four (4) hours following notification of a
service request or ITS failure. The Contractor must exhibit
to WDOC a best effort approach to completion of the repairs
or replacement during the first twenty-four (24) hours
following notification of a problem. WDOC shall be notified
of progress and or delays in progress until there is resolution
of the problem.

WDOC may cancel the Contract with Contractor if
Contractor has not cured a service problem within ten (10)
days of the Contractor receiving notice of the problem from
WDOC or its Designated Agent.

A complete list of contractors/ subcontractors, managers,
administrators, technicians, etc. must be provided to WDOC.
This includes a complete list of business, cellular and beeper
numbers; the Contractor's management home and
emergency telephone numbers must also be furnished.

Either party shall report to the other party any misuse,
destruction, damage, vandalism, liability, etc. to the ITS.
Contractor will assume liability for any and all such
damages.
In addition, Contractor shall ensure that all
inmate telephones are operable and maintained at an
acceptable level.

All issues surrounding the ITS service shall be reported by
Contractor to WDOC or its Designated Agent promptly.

Contract between the State of Wyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 19 of 19

•

ATTACHMENT B

Facility Names and Address:

Wyoming State Penitentiary
2900 South Higley Blvd,
Rawlins, Wyoming 82301

Wyoming Honor Farm
40 Honor Farm Road,
Riverton, Wyoming 82501

Wyoming Honor Conservation Camp
40 Pippin Road,
Newcastle, Wyoming 82701

Wyoming Women's Center
1000 W. Griffith Blvd,
Lusk Wyoming 82225

Wyoming Medium Correctional Institution
7076 Road 55F
Torrington, Wyoming 82240

Inmate Telephones Required
Facility
Wyoming State Penitentiary
Wyoming Honor Farm
Wyoming Honor Conservation Camp
Wyoming Women's Center
Wyoming Medium Correctional
Institution

Inmate Telephones Required
52 +12 after expansion
16
11- Forestry, 4- Boot Camp +5 for new
housing unit
29
To Be Determined

Lobby Telephones Required
Facility
Wyoming State Penitentiary
Wyoming Honor Farm
Wyoming Honor Conservation Camp
Wyoming Women's Center
Wyoming Medium Correctional
Institution

Lobby Telephones Required
2
1
1
1
To Be Determined

Contract between the State ofWyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page 1 of2

•

ATTACHMENT B (continued)
Workstations Required

FacUity
Wyoming State Penitentiary
Wyoming Honor Farm
Wyoming Honor Conservation Camp
Wyoming Women's Center
Wyoming Medium Correctional
Institution

Number of Workstations Required
6
2
2
2

To Be Determined

Portable Phones Required
Number of Portable Phones
Re uired
3

FacUity

o
o

o
To Be Determined

Visitation Phones - Monitoring and Recording Required
FacUity
Wyoming State Penitentiary
Wyoming Honor Farm
Wyoming Honor Conservation Camp
Wyoming Women's Center
Wyoming Medium Correctional
Institution

Visitation Phones Monitoring and
Recording Required
Yes
No
No
Yes
To Be Determined

Calling Rates
CALL TYPE

COLLECT
Surcharge

Local

Intralata/Intrastate
Interlata/Intrastate
Interlata/Interstate

$1.49
$1.17
$1.17
$3.55

DEBIT

First
Minute

Add'!
Minute

$0.00
$0.17
$0.17
$0.62

Surcharge
$1.24
$0.98
$0.98
$2.96

First
Minute

Add'!
Minute

$0.00
$0.14
$0.14
$0.52

PRE-PAID
Surcharge
First
Add'!
Minute Minute
$1.49
$1.17
$1.17
$3.55

Contract between the State ofWyoming, Department ofCorrections and Inmate Calling Solutions, LLC
for Inmate Telephone Services
Attachment A
Page2of2

$0.00
$0.17
$0.17
$0.62

WY Contract with Inmate Calling Solutions 2006

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