Prison Phone Justice

PROFESSIONAL SERVICES CONTRACT BETWEEN
THE STATE OF WYOMING, DEPARTMENT OF CORRECTIONS
AND INMATE CALLING SOLUTIONS

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 st Street, Cheyenne, Wyoming 82002, and Inmate Calling
Solutions (hereinafter referred to as "Contractor"), whose address is 5883 Rue
Ferrari, San Jose, CA 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").
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 Approvals. This Contract is
effective when all parties have executed it and all required approvals have been
granted (Effective Date). The term of the Contract is from the Effective Date
through June 30, 2010. All services shall be completed during this term. This
contract may be renewed by the mutual agreement of the parties in writing and
subject to the required approvals. There is no right or expectation of renewal
and any renewal will be determined at the discretion of WDOC.
A.
By law, contracts for professional or other services must be
approved by the Attorney General and A&I Procurement, Wyo. Stat. § 9-1403(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. § 9-2-1016(b)(iv).

4.

Payment
A.

Collect, Debit and Pre-Paid.

i.
Contractor shall pay WDOC
commission based on the Gross Revenue generated by and through the ITS
including, but not limited to, collect, debit and pre-paid inmate calls completed
from the inmate telephone equipment located at the Facilities. 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
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Revenue and shall be commissionable to WDOC at the rate specified above.
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.

ii.
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.
111.
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. 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.
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 ITS.

iv.
For the purposes of this paragraph, the term debit
refers to a paperless, commissary-based program, not debit cards. Contractor
shall handle the first twenty-thousand dollars ($20,000.00) of debit Local,
Intralata/Intrastate, Interlata/Intrastate, Interlata/Interstate and International
calls at the 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 $20,000.00 at the Medium Correctional Institution in
Torrington, Wyoming shall be commissioned to WDOC at the commission rate
specified in paragraph i of Section 4, A.
v.
On the fifth (5 th) day following the month of traffic
Contractor will invoice the Facilities for the total amount of debit usage less
any credits issued. The total debit usage invoice shall be paid by the Facilities
to Contractor by the twenty-fifth (25 th) day of the month following the month of
traffic. Contractor will be responsible for issuing the debit commission to
WDOC as outlined Section D below and at the commission rate specified in
paragraph i of Section 4, A.
Lobby Payphones. Contractor agrees to provide WDOC with
a total of five (5) lobby telephones for the Facilities. Each lobby telephone shall
B.

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allow free local calls and incoming calls. Each lobby telephone shall also allow
credit card, collect and toll-free calls.

c.

Calling Rates.

i. The Contractor shall submit a request in writing to
receive approval from WDOC for any rate increases and/ or decreases for
inmate telephone calls before new rates are implemented. WDOC will respond
in writing to Contractor's request. Should Contractor decrease the 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 and
provide WDOC with documentation that the credits were issued.
No
commission refund shall be due from WDOC to Contractor for unapproved rate
increases.
ii. Calling rates shall be defined as the combined cost of
surcharges, any additional fees, and per minute rates charged to the called
party.
111. 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.

iv. 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.
v. Rate adjustments requested by WDOC will be
implemented by Contractor within four (4) days of said request, subject to
regulatory approval.
D.

Reporting and Issuing Payment.

i.
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.
Traffic detail reports shall include a detailed
breakdown of the traffic for each of the Facilities for all collect, debit and pre11.

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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; (b) Facility Identification Number; (c) Facility Street Address,
City, State, and Zip Code; (d) Automatic Number Identifier, or inmate telephone
or inmate telephone station number; (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; (k) total Commission
Amount (including, but not limited to, Local, IntralatajIntrastate,
InterlatajIntrastate, and InterlatajInterstate); (1) Period Dates; (m) Total
Minutes of use per Inmate Telephone or inmate telephone station for each call
type; (n) Total Number of Calls per Inmate Telephone or inmate telephone
Station for each call type; (0) Total Debit Usage for each call type; (p) Total PrePaid Usage for each call type.

m

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.
111.

E.
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 (25th) day of the month following the 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 $750.00 per month for each report not received by the twenty
fifth (25th) 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

A.
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.

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Responsibilities of WDOC
A.

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WDOC shall comply with the terms and conditions of this

Contract.

7.

Special Provisions

A.
Ethics. Contractor shall keep informed of and comply with
the Wyoming Ethics and Disclosure Act (Wyo. Stat. § 9-13-101, et seq.), and
any and all ethical standards governing Contractor's profession.
B.
Monitor Activities. WDOC shall have the right to monitor
all Contract related activities of the Contractor and all subcontractors. This
shall include, but not be limited to, the right to make site inspections at any
time, to bring experts and consultants on site to examine or evaluate completed
work or work in progress, and to observe all Contractor personnel in every
phase of performance of Contract related work.
C.
No Finder's Fees. No finder's fee, employment agency fee,
or other such fee related to the procurement of this Contract shall be paid by
either party.
8.

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.
Applicable Law/Venue. The construction, interpretation
and enforcement of this Contract shall be governed by the laws 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. The parties intend and agree that 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 applicable law.
C.
Assignment/Contract Not Used as Collateral. Neither
party shall 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 the other
party. The Contractor shall not use this Contract, or any portion thereof, for
collateral for any financial obligation, without the prior written permission of
WDOC.

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D.

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AuditlAccess to Records.

•

i.
WDOC, and any of its representatives and/or its
Designated Agent, shall have access to any books, documents, papers, and
records of the Contractor which are directly pertinent to this Contract. The
Contractor shall, immediately upon receiving written instruction from WDOC,
provide to any independent auditor, accountant, or accounting firm, all books,
document, paper and records of Contractor which are pertinent to this
Contract. The Contractor shall cooperate fully with any such independent
auditor, accountant, or accounting firm, during the entire course of any audit
authorized by WDOC.
ii.
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, debit purchases, refunds, credits, 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
Designated 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 one-half percent (1.5%) per month within thirty (30) days after
receipt of written notice for the same.
111.

E.
Availability of Funds. Each payment obligation of the
WDOC is conditioned upon the availability of government funds which are
appropriated or allocated for the payment of this obligation. If funds are not
allocated and available for the continuance of the services performed by the
Contractor, the Contract may be terminated by WDOC at the end of the period
for which the funds are available. WDOC shall notify the Contractor at the
earliest possible time of the services which will or may be affected by a shortage
of funds. No penalty shall accrue to WDOC in the event this provision is
exercised, and WDOC shall not be obligated or liable for any future payments
due or for any damages as a result of termination under this section. This
provision shall not be construed to permit WDOC to terminate this Contract to
acquire similar services from another party.
F.
Award of Related Contracts. WDOC may undertake or
award supplemental or successor contracts for work related to this Contract.
The Contractor shall cooperate fully with other contractors and WDOC in all
such cases.
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G.
Certificate of Good Standing. Contractor shall provide
Certificate of Good Standing verifying compliance with the unemployment
insurance and workers' compensation programs prior to performing work
under this Contract.
H.
Compliance with Laws. The Contractor shall keep informed
of and comply with all applicable federal, state and local laws and regulations
in the performance of this Contract.
I.
Confidentiality of Information.
All documents, data
compilations, reports, computer programs, photographs, and any other work
provided to or produced by the Contractor in the performance of this Contract
shall be kept confidential by the Contractor unless written permission is
granted by WDOC for its release.
J.
Entirety of Contract. This Contract, consisting of fifteen
(15) pages; together with Attachment A, consisting of sixteen (16) 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.

K.
Extensions/Renewals. Nothing in this Contract shall be
interpreted or deemed to create an expectation that this Contract will be
extended beyond the term described herein. Any extension of this Contract
shall be initiated by WDOC and shall be accomplished through a written
amendment between the parties entered into before the expiration of the
original Contract or any valid amendment thereto, and shall be effective only
after it is reduced to writing and executed by all parties to the Contract. Any
agreement to extend this Contract shall include, but is not limited to: an
unambiguous identification of the Contract being extended; the term of the
extension; the amount of any payment to be made during the extension, or a
statement that no payment will be made during the extension; a statement that
all terms and conditions of the original Contract shall, unless explicitly
delineated in the exception, remain as they were in the original Contract; and,
if the duties of either party will be different during the extension than they were
under the original Contract, a detailed description of those duties.
L.
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
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
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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. The
parties intend and agree that 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 applicable law.
M.

Indemnification.

i.
The Contractor shall indemnify, defend and hold
harmless the State of Wyoming, WDOC, and their officers, Agents, employees,
successors and assigns from any and all claims, lawsuits, losses and liability
arising out of Contractor's failure to perform any of Contractor's duties and
obligations hereunder or in connection with the negligent performance of
Contractor's duties or obligations, including but not limited to any claims,
lawsuits, losses or liability arising out of Contractor's malpractice.
11.
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.

iii.
In the event any infringement claim is made or
threatened against WDOC, or injunctive relief is
granted to a Claimant,
Contractor shall (i) obtain the right for WDOC to continue use of the services;
(ii) substitute other services of like capability, or (iii) 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 Agreement 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.
iv.
These indemnities and remedies shall survIve the
expiration or other termination of the Contract.
v.
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.
N.
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
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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 which
may accrue because of this Contract. 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. 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.

O.
Kickbacks.
Contractor certifies and warrants that no
gratuities, kickbacks, or contingency fees were paid in connection with this
agreement, nor were any fees, commissions, gifts, or other considerations made
contingent upon the award of this agreement. If Contractor breaches or
violates this warranty, WDOC may, at its discretion, terminate this agreement
without liability to WDOC, or deduct from the agreed upon price or
consideration, or otherwise recover, the full amount of any commission,
percentage, brokerage, or contingency fee.
P.
Notices. All notices arising out of, or from, the provisions of
this Contract shall be in writing and given to the parties at the address
provided under this Contract, either by regular mail, facsimile, e-mail, or
delivery in person.
Q.
Notice and Approval of Proposed Sale or Transfer of the
Contractor. The Contractor shall provide WDOC with the earliest possible
advance notice of any proposed sale or transfer or any proposed merger or
consolidation of the assets of the Contractor. Such notice shall be provided in
accordance with the notice provision of this Contract. If WDOC determines
that the proposed merger, consolidation, sale, or transfer of assets is not
consistent with the continued satisfactory performance of the Contractor's
obligations under this Contract, then WDOC may, at its option, terminate or
renegotiate the Contract.

R.
Ownership of Documents/Work Product/Materials. All
documents, reports, records, field notes, data, samples, specimens, and
materials of any kind resulting from performance of this Contract are at all
times the property of WDOC.

s.

Patent or Copyright Protection. The Contractor recognizes
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
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or alleged violation of such patent, trademark, copyright, license, or other
restrictions.
T.
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 the
Department of Administration and Information's Procurement Office, and
approved by the Governor of the State of Wyoming or his designee if required
by Wyo. Stat. § 9-2-1016(b)(iv).
U.

Proof of Insurance

i.
Commercial
General
Liability
Insurance.
Contractor shall provide coverage during the entire term of this 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 Two Hundred Fifty
Thousand Dollars ($250,000.00) per claimant and Five Hundred Thousand
Dollars ($500,000.00) per occurrence.
H.
Business Automobile Liability. The Contractor shall
maintain, during the entire term of this Contract, automobile liability
insurance in an amount not less than five hundred thousand dollars
($500,000.00) per occurrence.
Workers' Compensation and Employers Liability
Insurance. The Contractor shall provide proof of workers' compensation
coverage pursuant to the Wyoming Workers' Safety and Compensation
program, if statutorily required, or such other workers' compensation
insurance as appropriate. The 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.
111.

iv.
Professional Liability or Errors and Omissions
Liability Insurance. The Contractor shall maintain and provide proof of
professional liability insurance or errors and omissions liability insurance to
protect the State and WDOC from any and all claims arising from the
Contractor's alleged or real professional errors, omissions or mistakes in the
performance of professional duties in an amount not less than five hundred
thousand dollars ($500,000.00).
v.
All policies required under this Contract shall be in
effect for the duration of this Contract and project. All policies shall be primary
and not contributory. Contractor shall pay the premiums on all insurance
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policies and insurance certificates must include a clause stating that the
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.

vi.
WDOC as Additional Insured. All insurance policies
required by this Contract, except workers' compensation, shall name WDOC as
an additional insured, and shall contain a waiver of subrogation against
WDOC, its agents and employees. Contractor shall provide, upon request, a
copy of an endorsement providing this coverage.
vii. WDOC's Right to Reject. The State 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 an "Omit" rating in the
A.M. Best insurance rating guide.
viii. Subcontractors. The insurance requirements set out
above apply to all subcontractors. It is the Contractor's responsibility to
ensure that its subcontractors meet these insurance requirements. WDOC has
the right to review the Certificates of any and all subcontractors used by the
Contractor.

v.
Publicity. Any publicity given to the program or services
provided herein, including, but not limited to, notices, information, pamphlets,
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.
W.
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.

x. 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 applicable law. Designations of venue,
choice of law, enforcement actions, and similar provisions should not be
construed as a waiver of sovereign immunity. The parties agree that any
ambiguity in this Contract shall not be strictly construed, either against or for
either party, except that any ambiguity as to sovereign immunity shall be
construed in favor of sovereign immunity.
Y.
Taxes. The Contractor shall pay all taxes and other such
amounts required by federal, state and local law, including but not limited to
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federal and social security taxes, workers' compensation, unemployment
insurance and sales taxes.

Z.

Termination of Contract.

i.
This Contract may be terminated, without cause, by
WDOC upon thirty (30) days written notice. This Contract may be terminated
immediately for cause if the Contractor fails to perform in accordance with the
terms of this Contract.

ii.
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
Agreement. Should Contractor for any reason, except in the case of Force
Majeure (see Paragraph L of Section 7 of this Contract), become unable to
complete the work required by this Agreement, 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 Item D of Section 12 in Attachment A after WDOC
allows Contractor access to the inmate telephone equipment.
111.
Contractor is responsible for performing remote
diagnostics, monitoring, and maintenance on the ITS. 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 11
of Attachment A will begin upon the termination of this Contractor.

AA. 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
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to enforce this Contract, to seek any remedy ansmg 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.

BB. Titles Not Controlling.
Titles of paragraphs are for
reference only, and shall not be used to construe the language in this Contract.
CC. Limitation of Liability. Except as to claims brought by a
third party against WDOC that are covered by Paragraph M of Section 7 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.
DD. Discrepancy. Should there be a discrepancy in the Contract,
the RFP, and the RFP response, the terms and conditions contained in the
Contractor and its amendments will prevail over the RFP, and the RFP will
prevail over the responses to the RFP.
EE.

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.
FF. Arbitration. Any dispute or claim arising out of or relating to
this Agreement not resolved as described in subparagraph (17.6.1.) 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
Professional Services Contract between the State ofWyoming, Department ofCorrection sand
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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 discretion to award costs including reasonable legal fees,
interest and costs of the arbitration.
GG. Waiver. The waiver of any breach of any term or condition
in this Contract shall not be deemed a waiver of any prior or subsequent
breach. Failure to object to a breach shall not constitute a waiver.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Professional Services Contract between the State of Wyoming, Department ofCorrection sand
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9.
Simatures. The parties to this Contract, either personally or
through their duly authorized representatives, have executed this Contract on
the dates set out below, and certify that they have read, understood, and
agreed to the terms and conditions of this Contract.
This Contract is not binding on either party until approved by the
Procurement Services Division of the Department of Administration and
Information 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 WY.iY.~NG, DfARTMENT OF CORRECTIONS:
0

1\0

1--0Vv

d

&
-CI-o'6

Robert O. Lampert, Director

Date

~:

) Ie

ATTORNEY GENERAL'S OFFICE APPROVAL AS TO FORM:

C&'H~\; ~ '-< Attorney General
(2Cara Boyle
Assistant
C~bers,

lJ

Date

Professional Services Contract between the State ofWyoming, Department ofCorrection sand
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Page 15 of15

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ATTACHMENT A

•

CONTRACTOR RESPONSIBILITIES & INMATE TELEPHONE SYSTEM
FEATURES AND FUNCTIONALITIES

1.
General Requirements: The Contractor shall furnish, install and
maintain telephones for use by inmates at the Facilities listed in Attachment
B operated by WDOC. 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.
A.
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.
Following a software upgrade, Contractor must provide WDOC with a list of
enhancements, features/functionalities resulting of the upgrade. In addition,
Contractor must advise WDOC of any interruption in inmate telephone service
that is anticipated for the completion of the upgrade.

B.
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.

2.
Securitv: All Contractor employees shall obtain, at Contractor's
cost, the appropriate personnel background security clearances prior to arrival
at the Facilities. All Contactor 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.
3.
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 issues.
Contractor shall also provide a fax number and an Internet email address.
4.

Ongoing Installations:

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

Attachment A: Inmate Calling Solutions
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submit an
Any initial
date WDOC
will become

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B.
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.

c.
The Contractor agrees to assume responsibility for all
installation of equipment in accordance with the specifications contained in the
manufacturer's installation instructions.
D.
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.
E.
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.
F.
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.
G.
The Contractor shall install additional telephones, WIring
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.
H.
The Contractor shall provide and install adequate surge and
lightening protection equipment on all lines used for the ITS.
I.
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.
J.
The Contractor shall clean up and remove all debris and
packaging material resulting from any work performed at the Facilities.
K.
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.

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

M.
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.

5.
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 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.

c.
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 and maintain 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. Pick-up and shipment of inmate telephone
inventory shall be accomplished at no cost to WDOC.
D.
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,
tamper-free equipment suitable for a detention environment. The equipment
must contain no removable parts.
E.
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.

F.
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
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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.
G.
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
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.
I.
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. 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."
J.
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.

K.
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.
L.

M.
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 codes to selected numbers as determined by WDOC.
N.

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o.

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Contractor 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 at no charge and shall be available at every workstation and any
remote monitoring stations.

P.
The Contractor must notify each Facility or the WDOC's
Designated Agent any time a technician will require entry to any of the
Facilities.
Q.
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:

i.
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);
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

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11.
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

R.
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.

s.

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.
T.
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.

u.
The ITS shall also provide the ability to customize reports in
a form mutually agreed upon by WDOC and its Designated Agent and
Contractor.
V.
The call detail records shall be stored in a minimum of three
(3) locations to avoid any possibility of call detail records being lost.

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w. The ITS shall store all call detail records, including all
attempts and completed calls at the 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.
x.

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

z.
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 and must be installed and tested by Contractor.
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.

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

cc.

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

6.

Security Features:
A.

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

B.

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

C.

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

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

E.
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:
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i.

At demarcation location - total facility telephones;

ii.

By central control center - select telephones; and

iii.

By select housing units - control center.

F.
The ITS shall be able to take an individual station out of
service without affecting other stations or units.
G.
The ITS shall prevent any inmate telephone from receiving
any incoming calls. 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.

H.
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. Contractor shall keep WDOC
updated on its progress in enhancing that ITS three-way detection and
termination technology.
I.

The ITS shall have the ability of answer detection.

J.

The ITS shall incorporate keyword search technology.

K.
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.
L.

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

N.
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.
O.
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.

P.
ITS shall have the capability to detect and terminate Remote
Call Forwarding calls whenever Contractor develops such technology.
Attachment A: Inmate Calling Solutions
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7.

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Personal Identification Number (PIN) Application:

A.
The PIN application shall work with the ITS using all of the
features described herein.
B.
The ITS shall have the capability to provide collect, debit,
and pre-paid station-to-station calling utilizing a PIN.

c.
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."
D.
Contract shall be responsible for transferring the PIN and
PAN information stored in the inmate telephone system currently being used at
the Facilities at no cost to WDOC.
E.
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:
i.

ii.

Authorized Call Lists by PIN or identifying number and
Calls by PIN or other identifying number.

F.
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.

G.
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.
H.
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 display if a phone number entered is an active entry for any other
inmates.
I.
The ITS shall include, at a minimum, an alert system that
will detect and prohibit an attempted call made to a restricted number, an

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attempted call using a restricted PIN, or an attempted call made from a
restricted telephone.
J.
The ITS shall store inmate information in a central storage
location so inmate information is available to any of the Facilities without
WDOC administrative staff being required to re-enter inmate information.

K.
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.
L.
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. The ITS shall display a date/time stamp for the last
modification on an inmate's PAN.

8.

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. The remote access shall also
include access to any and all call recordings stored at any of the Facilities, plus
access to those calls recordings stored at the central office in Cheyenne, WY.
B.

C.
The ITS shall comprehensively record all calls. The ITS 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.
D.
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, DVD medium and/or transmission bye-mail. The
Contractor 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.

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

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.
H.
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.
I.
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.

J.
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.
K.
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 IDjPIN, originating
telephone station, called number and length of call.
L.
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

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

N.
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.

o.

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.
P.
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 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
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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.
R.
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.

s.

The ITS shall have the capability to copy the conversations
onto a compact disc (CD), DVD, email 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.
T.
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.

u.
Contractor shall provide WDOC with a number of
workstations as specified in Attachment B, working real-time with the ITS for
such monitoring, recording, and reporting. Each workstation shall include a
CDjDVD burner.
v.

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.

w. Conversations shall be recorded on visitation phones for the
facilities shown on Attachment B.
9.
Pre-Paid and/or Debit Application: WDOC may implement a
pre-paid card andj 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.
ITS provided.

The pre-paid andj or debit application shall work with the

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B.
The debit program shall interface with the current Cashless
Systems (Cactas) software for ease of transfer of money from the commissary
account to the inmate ITS account.

c.

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.
D.
The ITS shall provide the inmate with the balance of their
pre-paid and/ or debit account at the time of each call.
E.
The pre-paid and/ or debit application shall allow
international calls.

F.
The pre-paid and/ or debit application shall have the
capability to terminate an account and refund income to the inmate or
participant on the inmate's allowed calling list.
G.
The pre-paid and/ or debit calling rates may be lower than
the collect calling rates as detailed in Attachment B.

10.

Training:

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

The Contractor's training manual shall include, but not be

C.

limited to:

i.

A description of the SourceCheck 411 technology;

ii.

A description of the process for accessing all call

recordings;
iii.

The process for creating, exporting and transferring

case files;

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iv.
Information on the type of media player required to
playback call recordings; and
v.
User security levels available, as well as the permitted
tasks for each security level.
11.

Transition:

A.
At the expiration, termination, or cancellation of this
Contract, Contractor shall cooperate and work with WDOC, its Designated
Agent, and the new Contractor to ensure an orderly transfer of responsibility
and/ or the continuity of the services and responsibilities, under the terms of
this Contract, to an organization designated by WDOC.
B.
Upon expiration, termination, or cancellation of the
Agreement, Contractor shall cooperate in an orderly transfer of responsibility
and/ or the continuity of the services required under the terms of the
Agreement to an organization designated by WDOC. Contractor shall provide
and/ or perform any or all of the following responsibilities:

i.
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
Agreement 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 Agreement, 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, A of the Contract and shall be
payable as described in Section 4, D of this Contract.
11.

c.
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.

Attachment A: Inmate Calling Solutions
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12.

Maintenance:

•

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

B.
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.

c.

The Contractor shall maintain all cable related to the ITS,
whether reused or newly installed.
D.
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,
365 days a year.
E.
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.
F.
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.
G.
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.

H.
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.
I.

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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
Inmate Tele hones Re uired
52 + 12 after ex ansion
16
11- Forestry, 4- Boot Camp +5 for new
housin unit
33
To Be Determined
Lobby Telephones Required

uired

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Workstations Required

Number of Workstations Re uired
6
2

2
2
To Be Determined

Portable Phones Required
Number of Portable Phones Re uired
3

o
o
o

To Be Determined

Visitation Phones - Monitoring and Recording Required
Visitation Phones Monitoring and
Recordin Re uired

Facility

Yes
No
No
Yes

To Be Determined

Calling Rates
CALLTVPE

Local
Intralata Intrastate
Interlata Intrastate
Interlata Interstate

COLLECT
Surcharge
First
Minute
$1.49
$1.17
$1.17
$3.55

$0.00
$0.17
$0.17
$0.62

Add'!
Minute
$0.00
$0.17
$0.17
$0.62

PRE-PAID COLLECT
First
Add'!
Surcharge
Minute Minute
$1.24
$0.98
$0.98
$2.96

$0.00
$0.14
$0.14
$0.52

Attachment B: Inmate Calling Solutions
Page 2 of2

$0.00
$0.14
$0.14
$0.52

Surcharge
$1.19
$0.94
$0.94
$2.84

DEBIT
First
Minute
$0.00
$0.13
$0.13
$0.50

Add'!
Minute
$0.00
$0.13
$0.13
$0.50