HomeMy WebLinkAbout921173.tiff RESOLUTION
RE: APPROVE INMATE TELEPHONE SERVICE AGREEMENT WITH U S WEST COMMUNICATIONS,
INC. , AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Inmate Telephone Service
Agreement between U S West Communications, Inc. , and Weld County, Colorado, to
continue in effect for a period of three years, with the further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Inmate Telephone Service Agreement between U S West
Communications, Inc. , and Weld County, Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 14th day of December, A.D. , 1992.
4 if j, 41 v BOARD OF COUNTY COMMISSIONERS
ATTEST: 4i✓VG C y( WELD COU TY, COLORADO./--------
Weld County Clerk to the Board
Ge Kenn dy, hairman
BY: (1) �e-wL _. ` c
Deputy C rk to the Board Constance L. Harbert, ro-Tem
APPROVED AG TO FORM: /57-41.7/
��
C. W. Kir ir //
County Attorney Gor . ac
W. H. Webster
921173
nanoc4 rC DP, as Lo
Contract No. -SC'I P).42/4'5'—OD C,
,; ''INMATE TELEPHONE SERVICE AGREEMENT
CI ER',.
TW$I-AGREEMENT is made and entered into by and between
U S WEST COMMUNICATIONS, INC. (hereinafter "USWC") , a Colorado
corporation, fdba THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY, and WELD COUNTY, Colorado (hereinafter "Space Provider") .
1. TERM. Inmate telephone service shall commence the /I" 1'X
day of ./Yetc'.,J.:, , 1992 , and shall continue in effect for a
period of three (3) years. This Agreement may be automatically
extended or renewed by mutual written consent of the parties. In
the event this Agreement is neither extended or renewed, and
service continues to be provided to Space Provider, this Agreement
shall continue on a month-to-month basis under the same terms and
conditions unless terminated by either party upon thirty (30) days
written notice.
2 . SCOPE OF AGREEMENT. Space Provider has a location or locations
within USWC's telecommunications service area which are or will be
available during the term of this Agreement for the placement of
inmate telephones. This Agreement applies to inmate telephones
currently installed and to future installations. Contracts now
existing between USWC and Space Provider for inmate telephone
service are superseded by this Agreement. USWC agrees to provide
its standard inmate line telephones and enclosures. USWC retains
the right to establish rates for inmate services.
3 . RESPONSIBILITY OF USWC. USWC agrees to:
3 . 1. Install inmate telephones, associated equipment, wiring,
hardware, and enclosures at locations mutually agreed upon by both
parties.
3 . 2 . Jointly determine with Space Provider the appropriate
number and type of inmate telephones and enclosures to be installed
at each location.
3 . 3 . Service and repair inmate telephones and associated
equipment provided by USWC, at USWC's expense, except as otherwise
agreed upon herein.
4. RESPONSIBILITY OF SPACE PROVIDER. Space Provider agrees to:
4. 1. Provide adequate space for inmate telephones and
enclosures which is easily accessible to the inmates during the
normal operating hours of Space Provider. In the event Space
Provider is not the owner of the premises, Space Provider shall,
where necessary, obtain permission from the building owner or
owner's agent for the placement of USWC's inmate telephones, and
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 1
9002 .MAS/JAP0081.CUS (12/02/92)
921173
shall be responsible for any fees for use of required riser cable
and electric power.
4 .2 . Maintain the area around the inmate telephones and
enclosures and ensure safe and ready access by the inmates and
USWC.
4 . 3 . Allow USWC access to perform maintenance during the
established hours of accessibility jointly agreed to by Space
Provider and USWC, except when accessibility must be denied to
ensure the safety of USWC service personnel and/or to maintain
institutional control.
4 . 4 . Exercise reasonable care to prevent the loss through
theft and any damage to the inmate telephones from any source.
4 .5. Space Provider may, at its option, purchase and provide
enclosures at their own expense for inmate telephones. In the
event Space Provider elects to provide enclosures, Space Provider
shall be responsible for installation and maintenance of said
enclosures.
4 . 6. Space Provider warrants that it has the authority to
enter into this Inmate Telephone Service Agreement with USWC.
Space Provider further warrants that the inmate telephones as
mentioned in Schedule C are on property owned by the Space Provider
or if Space Provider is not the owner of the premises, Space
Provider has obtained permission from the building owner or owner's
agent to enter into this Agreement.
4 . 7 . Space Provider shall be responsible for informing their
selected Interexchange Carrier in writing that InterLATA calls may
be subject to "call timing, " "call blocking, " and "call detail
recording" at Space Provider's sole request and direction, and for
providing a copy of said notice to USWC.
5. ADDITIONAL EQUIPMENT.
5. 1. At the Space Provider's request, USWC shall install
equipment ancillary to the inmate telephone system ("timer") to
limit the lengths of calls from inmate telephones and provide an
audible tone to the inmate before the call is disconnected ("call
timing") . To the extent the timer is used in connection with
interLATA telecommunications, USWC shall not select or recommend
interexchange carriers and shall not design interLATA circuits for
its Space Providers.
5. 2 . At the Space Provider's request, USWC shall install
equipment ancillary to the inmate telephone system to block access
to specific telephone numbers identified by Space Provider ("call
blocking") . USWC shall effect the initial setup for Space Provider
and train Space Provider to operate this equipment. Upon
completion of initial setup and training, Space Provider shall then
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 2
9002 .MAS/JAP0081.CUS (12/02/92)
assume the ongoing responsibility of updating the information as
required.
5. 3 . At the Space Provider's request, USWC shall install
equipment ancillary to the inmate telephone system to provide for
"call detail recording. " Day-to-day printed detail provided shall
include originating station, number called, time of day, call
duration, call status and cost of call (rating) .
5.4. At the Space Provider's request, USWC shall install a
cut off key to transfer calls from the coinless inmate telephones
to the Space Provider's business lines to allow non-monitored calls
to the inmates attorneys/public defenders.
6. OWNERSHIP. USWC is and shall remain the owner of the inmate
telephones, associated equipment, wiring, hardware, and enclosures
provided by USWC whether or not physically attached to real estate.
7 . INMATE TELEPHONE LOCATIONS. All inmate telephone locations
known at the time of execution of this Agreement are specifically
set forth in Schedule C, attached hereto and incorporated herein by
this reference. Upon mutual agreement of the parties, locations
may be added at any time as need or desire may dictate by amending
this Agreement. Any additions, regardless of date, during the term
of this Agreement shall automatically expire on the same date as
the expiration or termination date of this Agreement. USWC agrees
to move inmate telephone equipment at no charge to Space Provider
in the event Space Provider is required to remodel or relocate its
facilities.
8 . COMMISSION. USWC agrees to pay Space Provider a commission
based upon USWC billed local and intraLATA revenue from each inmate
telephone in accordance with Schedule A, attached hereto and
incorporated herein by this reference. Payment shall be in the
form of quarterly commission checks made payable to Space Provider
covering all states within USWC's serving area.
9. REMOVAL OF INMATE TELEPHONES. USWC retains the right to remove
any or all inmate telephones in the event that it is not
financially feasible, at USWC'S sole discretion, to continue
providing inmate telephones at Space Provider's premises upon
thirty (30) days written notice to Space Provider. If USWC removes
inmate telephones under this paragraph, Space Provider shall not be
liable for termination charges for the inmate telephones removed.
Space Provider shall be entitled to receive any commissions earned
before the USWC removal of such inmate telephones.
10. TERMINATION.
10. 1. In the event either party elects to terminate this
Agreement in whole or in part under any provision of this
Agreement, termination shall be effected by delivery of a "Notice
of Termination" by certified mail to the other party specifying the
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 3
9002 .MAS/JAP0081. CUS (12/02/92)
32_.`..'73
extent to which the Agreement is terminated, the reasons for such
termination and the date upon which such termination becomes
effective.
10.2 . The termination of this Agreement shall not affect the
obligations of either party to the other under any then existing
vested rights or causes of action which have accrued prior to the
effective date of termination.
11. TERMINATION LIABILITY. If inmate telephones are removed by
Space Provider, or this Agreement is terminated for any reasons
other than those excused reasons set forth herein, Space Provider
shall be liable to USWC for a termination charge as set forth in
Schedule B, attached hereto and incorporated herein by this
reference.
12. LIMITATION OF LIABILITY. The obligation of USWC in the event
of a service interruption caused by USWC, shall be limited to the
use of reasonable diligence under the circumstances for restoration
of service.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING
LOST STATION REVENUES, LOSS OF PROFITS OR OTHER COMMERCIAL OR
ECONOMIC LOSS ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION NEGLIGENT PERFORMANCE OR FAILURE TO
PERFORM, EXCEPT AS SET FORTH UNDER THE TERMINATION LIABILITY
PROVISION HEREIN.
13 . EXCUSED PERFORMANCE.
13 . 1. Space Provider shall not be subject to Termination
Liability if the cause of removal is directly related to the
cessation of Space Provider's business operations. Neither party
shall be held liable for any delay or failure in performance of any
part of this Agreement caused by circumstances beyond the
reasonable control of the party affected, including, but not
limited to, acts of the elements or natural disasters, strikes,
power failures, civil or military emergencies or acts of
legislative, judicial or other civil authorities.
13 .2 . USWC shall not be in default of this Agreement should
the appropriate governmental agencies not approve of any or all of
the additional equipment provided for herein by USWC; however,
Space Provider may then terminate this Agreement and Space Provider
shall not be liable for termination charges. Space Provider shall
be entitled to receive any commissions earned before the
termination date and the parties shall be relieved of all future
obligations under this Agreement.
14 . DEFAULT. If either party fails to perform its obligations
under this Agreement, failure shall constitute default and, in such
event, written notice shall be given to remedy such default.
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 4
9002 .MAS/JAP0081.CUS (12/02/92) y y
Should the defaulting party fail to remedy such default within ten
(10) days from date of such notice, the offended party shall have
the right, in addition to all other rights and remedies available
at law or in equity, to terminate this Agreement in whole or in
part.
15. INDEMNIFICATION.
15. 1. It is agreed by and between the parties that it is the
responsibility of Space Provider to maintain the area around the
inmate telephones and to maintain enclosures if provided by Space
Provider. Space Provider specifically agrees to defend and
indemnify USWC from any claims that may result from Space
Provider's failure to properly maintain the area or enclosure
except to the extent that such failure is due to the sole
negligence or willful acts of USWC's employees or agents. USWC
agrees to defend and indemnify Space Provider from any claims that
result from USWC's failure to properly maintain or service inmate
telephones, except to the extent that the claim results from the
sole negligence or willful acts of Space Provider's employees or
agents.
15.2 . Space Provider also agrees to defend and indemnify USWC
from any loss, personal injury or damage, and from all claims,
demands or liability whatsoever arising out of or in any way
connected with the Space Provider's requirement under this
Agreement that USWC provide call timing, call blocking, and call
detail recording equipment for the Space Provider's facilities as
set forth in Schedule C herein.
16. NOTICES. Any notices or other communications to be given
under this Agreement shall be sent to the following persons:
FOR SPACE PROVIDER: FOR USWC:
Weld County Information Services U S WEST Communications, Inc.
915 - 10th Street 1999 Broadway, Room 920
Greeley, CO 80631 Denver, CO 80202
ATTN: Jacque Armes ATTN: Jean Baldwin
Either party may change its address for communications by giving
notice in writing.
17 . REGULATORY. This Agreement is subject to USWC's tariffs,
catalogs or price lists, as filed with appropriate state and
federal regulatory commissions.
18 . LAWFULNESS OF AGREEMENT. This Agreement and the parties'
actions under this Agreement shall comply with all applicable
federal, state, and local laws, rules, regulations, court orders,
and governmental agency orders including the Modification of Final
Judgment ("MFJ") , as issued in United States v. Western Electric
Co. , et al. , Civil Action No. 82-0192 , U. S. District Court for the
District of Columbia, and all subsequent orders issued in or
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 5
9002 .MAS/JAP0081.CUS (12/02/92)
related to that proceeding. If a court or a governmental agency
with proper jurisdiction determines that this Agreement, or a
provision of this Agreement, is unlawful, or if USWC determines
this Agreement or a provision of this Agreement is inconsistent
with, or contradictory to, the "MFJ, " this Agreement, or that
provision of this Agreement, shall terminate on written notice to
the Space Provider to that effect. If a provision of this
Agreement is so terminated but the parties legally, commercially,
and practicably can continue this Agreement without the terminated
provision, the remainder of this Agreement shall continue in
effect.
19 . NONWAIVER. The failure of either party to enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of its right to assert or rely upon such
provision or any other provision of this Agreement.
20. GOVERNING LAW. This Agreement shall be interpreted, construed
and enforced in all aspects in accordance with the laws of the
State in which the inmate telephone and public telephone service is
provided.
21. SUCCESSORS AND ASSIGNS. This Agreement shall be fully binding
upon, inure to the benefit of and be enforceable by each party and
its successors and assigns. No assignment of any right or interest
in this Agreement (whether by contract, operation of law or
otherwise) shall release or relieve either party of any of its
obligations or liabilities under this Agreement.
22 . ASSIGNMENT. Neither party shall assign its rights nor
delegate its duties under this Agreement without the prior written
consent of the other party; except, either party may assign this
Agreement to a parent, subsidiary or affiliated company by
providing thirty (30) days written notice to the other party.
23 . AMENDMENTS AND MODIFICATIONS.
23 . 1. Amendments, modifications, and supplements to this
Agreement are allowed and will be binding upon Space Provider and
USWC after the effective date, provided:
a. The amendments, modifications, and supplements are in
writing, signed by an authorized representative of each party
herein; and
b. The amendments, modifications, and supplements, by
reference, incorporate this Agreement and identify the specific
sections or provisions contained herein, which are amended,
modified or supplemented.
23 . 2 . The term "this Agreement" as used herein shall be
deemed to include any future amendments, modifications, and
supplements made in accordance herewith.
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 6
9002 .MAS/JAP0081.CUS (12/02/92)
32a_,7.
24 . ENTIRE AGREEMENT. This Agreement, together with all Schedules
and supplementary documents incorporated by reference, shall
constitute the entire agreement between the parties with
respect to the services and facilities to be provided and shall
supersede all prior agreements, proposals, understandings,
representations, correspondence or communications relating to the
subject matter hereof.
WELD CO Y, COLORADO U S WEST COMMUNICATIONS, INC.
By By , ' ( dvi ur A• ( 2_ j P.t;
Name GEORGE KENNEDY Name 4i£'/)A 1- . C �t.3C t"
Print/Type Print/Type
Title CHAIRMAN, BOARD OF COMMISSIONERS Title Account Executive
Date 12/14/92 Date /2 fie. . 6/ ;L
Federal Tax ID Number: 84-6000-813 ATTEST yUt, / lY t/I/U 2 WELDBY: x/'4.4'✓)l/ --1,!'��
EPJ i Y CLERK TO THE BO
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 7
9002 .MAS/JAP0081. CUS (12/02/92)
SCHEDULE A
INMATE PRIME COMMISSION SCHEDULE
FOR
WELD COUNTY, COLORADO
USWC agrees to pay Space Provider quarterly compensation for inmate
telephones based upon 30% of USWC's revenue or $48, 000. 00 annually,
whichever is greater, for USWC billed local and intraLATA calls,
pursuant to the following payment schedule:
January $12, 000. 00
April $12 , 000. 00
July $12 , 000. 00
October $12, 000. 00
A reconciliation will be done annually after the December's
revenues are in and any amount owing to Space Provider will be paid
by check issued in January.
Commission checks are to be mailed to the following address:
Weld County Information Services
915 - 10th Street
Greeley, CO 80631
ATTN: Jacque Armes
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 8
9002 .MAS/JAP0081.CUS (12/02/92)
SCHEDULE B
TERMINATION LIABILITY
FOR
WELD COUNTY, COLORADO
1. TELEPHONE EQUIPMENT INVESTMENT: The termination charge shall
be $318 .45 for each new inmate telephone, reduced by $8 .85 for each
month the inmate telephone is in service after the installation
date plus the cost of the ancillary equipment.
Net Unamortized Capital:
Charge-a-Call Telephones $173.69/SET
Installation Cost: $144.76/SET
Removal Cost: $ N/A /SET
$318.45/SET
2 . ANCILLARY EQUIPMENT INVESTMENT: The termination charge shall
also include the cost of the ancillary equipment, reduced by
$833 . 33 for each month the ancillary equipment is in service after
the installation date.
Equipment for call blocking, call timing and
call detail recording $30, 000. 00
3 . COMMISSION: The termination charge shall also include the
difference between the amount of commission paid under this
Agreement and the amount of commission that would have been paid
under USWC's Standard Commission Plan for each inmate telephone
terminated.
4 . In addition, if one or more inmate telephones are removed by
Space Provider other than for those excused reasons provided
herein, leaving one or more inmate telephones in place, USWC may
change Space Provider's commission from 30% to Standard Plan.
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 9
9002 .MAS/JAP0081.CUS (12/02/92) 171
SCHEDULE C
INMATE TELEPHONE LOCATIONS
FOR
WELD COUNTY, COLORADO
Address City State Telephone Number
915 - 10TH ST GREELEY CO 303-351-6228
303-351-8520
303-351-8521
303-351-8522
303-351-8523
303-351-8524
303-351-8525
303-351-8526
303-351-8527
303-351-8528
303-351-8529
303-351-8530
303-351-8531
303-351-8532
303-351-8533
303-351-8534
303-351-8535
303-351-8536
303-353-5126
303-353-5147
303-353-5168
303-353-5239
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 10
9002 .MAS/JAP0081.CUS (12/02/92)
3kL;_... ! ;3
ADDENDUM ONE
TO
AGREEMENT
BETWEEN
U S WEST COMMUNICATIONS, INC.
AND
WELD COUNTY JAIL
FOR
TRIAL OF INMATE CALLING SERVICES
THIS ADDENDUM ONE to Inmate Telephone Services Agreement SEA-
920109-0030 ("Basic Agreement") is made and entered into between
U S WEST COMMUNICATIONS, INC. ("USWC) , and WELD COUNTY JAIL ("Space
Provider") . This Addendum One contains terms and conditions
related to the field trial of inmate calling services. In addition
to those stated herein, all terms and conditions of the Basic
Agreement shall apply.
1. SCOPE.
1. 1. Space Provider has a location or locations within USWC's
telecommunications service area which are or will be available
during the term of this Addendum One for the provision of inmate
calling services and Space Provider has agreed to participate in a
six (6) months field trial ("Trial") held by USWC of certain inmate
calling services provided by Tele-Matic Corporation ("TMC") via its
Con-Quest System.
1. 2 . Upon completion of said Trial, USWC shall inform Space
Provider whether TMC's Con-Quest System will be left in place,
removed and replaced by another similar system or removed and not
replaced. /
/'Yw
2 . TERM. _The term of Addendum On shall be for six (6) months
beginning /4`rt .a..- /.L , 1990runless terminated earlier as
provided for herein. Upon termination of this Addendum One, all
rights and obligations under this Addendum One shall terminate
unless otherwise specified herein.
3 . INMATE CALLING SERVICES.
4 . 1. Upon execution of this Addendum One, TMC, under the
terms of its Trial Agreement with USWC, shall install equipment
ancillary to USWC's inmate telephone system ("ancillary equipment")
to:
(a) Limit the lengths of calls from inmate telephones
and provide an audible tone to the inmate before the call is
disconnected ("call timing") . To the extent call timing is used in
connection with interLATA telecommunications, USWC shall not select
or recommend interexchange carriers and shall not design interLATA
circuits for its USWC.
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 1
ADDENDUM ONE - 9002 .MAS/JAP0269 .GEN (12/08/92)
(b) Block access to specific telephone numbers
identified by Space Provider ("call blocking") . Said equipment
will allow for use of a Personal Identification Number (PIN) to
gain access to the system.
(c) Provide for "call detail recording. " Day-to-day
printed detail provided shall include originating station, number
called, time of day, call duration, and call status.
(d) Provide for "3rd party call detection and cutoff. "
(e) Provide for "collect call automated operator call
processing. "
4 .2 . TMC, under the terms of its trial agreement with USWC,
shall also provide:
(a) Repair and maintenance, including any modifications,
for said ancillary equipment.
(b) System administration.
(c) On-site technical personnel for technical assistance
to Space Provider.
(d) User-training to Space Provider.
5. OWNERSHIP. USWC shall remain the owner of the inmate
telephones, associated equipment, wiring, hardware, and enclosures
provided by USWC whether or not physically attached to real estate.
TMC is and shall remain the owner of the Con-Quest System,
including the hardware and software.
6. TERMINATION.
6. 1. Either party may terminate this Addendum One at any time
if the other party fails in a material way to perform under this
Addendum One and does not cure as provided for herein.
6. 2 . The termination of this Addendum One shall not affect
the obligations of either party to the other under the Basic
Agreement or any then existing vested rights or causes of action
which have accrued prior to the effective date of termination and
shall not subject Space Provider to any termination liabilities
specified in Paragraph 11 of the Basic Agreement.
7 . DEFAULT. If either party fails to perform its obligations
under this Addendum One, failure shall constitute default and, in
such event, written notice shall be given to remedy such default.
Should the defaulting party fail to remedy such default within ten
(10) days from date of such notice, the offended party shall have
the right, in addition to all other rights and remedies available
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 2
ADDENDUM ONE - 9002 .MAS/JAP0269.GEN (12/08/92)
.
J CJ_..�,.FY 3
at law or in equity, to terminate this Agreement in whole or in
part.
WELD COUNTY, COLORADO FOR
WELD CO NTY JAIL U $ WEST COMMUNICATIONS,^INC.
By y By /��,F & 64-0-_ f 1 ( / wee
Name GEORGE KENNEDY Name LIR.J17/4 I D J U
Print/Type Print/Type
Title CHAIRMAN, BOARD OF COMMISSIONERS Title Account Executive
Date 12/14/92 Date / IL, '9 6--
A ICJI: f�� � //
(Ythl[Gi / i vtill, iii,&77
w
WELD COUNT; GL!" FIE BOARD
BY: iF_A/Y cSL -1,,ry,
iDEPUTY CLERK/TO THE BOABD-
INMATE TELEPHONE SERVICE AGREEMENT (SEA-920109-0030) PAGE 3
ADDENDUM ONE - 9002 .MAS/JAP0269 .GEN (12/08/92) ��1}
32:::..,.7d
Hello