HomeMy WebLinkAbout960111.tiff RESOLUTION
RE: APPROVE INMATE TELEPHONE SERVICE AGREEMENT BETWEEN WELD COUNTY
JAIL AND U S WEST COMMUNICATIONS, INC., AND AUTHORIZE CHAIR 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 the County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, on behalf of the Weld County Jail, and U S West Communications, Inc.,
commencing January 1, 1996, with 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 the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Jail, and U S West Communications, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 24th day of January, A.D., 1996, nunc pro tunc January 1, 1996.
BOARD OF COUNTY COMMISSIONERS
* WELD COUNTY, COLORADO
'il7 S �u ! -1 .aLt�d�l�
^ ;Barbara J. Kirkmeyer, air
d.vm C my Clerk to the Board
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Dale K. Hall
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Constance L. Harbert
un y Attorney L j [, I 1 �1 2 /i
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960111
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Agreement#SEA-951108-0082
INMATE TELEPHONE SERVICE AGREEMENT
THIS AGREEMENT is made and entered into by and between U S WEST
Communications, Inc. ("USWC"), a Colorado corporation, and Weld County Jail ("Space
Provider") located in the State of Colorado.
Sr
1. TERM. Inmate telephone service shall commence the / day of
, 1991, and shall continue in effect for a period of three (3) years("Initial
Term"). U on completion of the Initial Term, this Agreement shall be automatically
extended or renewed for two (2) successive periods of one (1) year each ("Renewal
Period). In the event this Agreement is neither extended or renewed upon completion of
the initial term, 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 ("existing") and to future installations ("new"). 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. USWC, at no
cost to the Space Provider, will provide, install and maintain telephone and ancillary
equipment for the new telephone system at the new Weld County Justice Center.
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
DECEMBER 20, 1995/JBM/INMATE PAGE 1
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USWC's inmate telephones, and 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 A, attached hereto and incorporated herein by this
reference, 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.
5. 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.
6. INMATE TELEPHONE LOCATIONS. All locations known at the time of
execution of this Agreement are specifically set forth in Schedule A. 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.
7. 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 B, attached hereto and incorporated herein by this reference. Payment shall
be in the form of commission checks made payable to Space Provider covering all states
within USWC's serving area.
8. 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
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inmate telephones removed. Space Provider shall be entitled to receive any commissions
earned before the USWC removal of such inmate telephones.
9. TERMINATION.
9.1 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 extent to which the
Agreement is terminated, the reasons for such termination and the date upon which such
termination becomes effective.
9.2 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.
10. 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.
11. EXCUSED PERFORMANCE. 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.
12. 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. 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.
13. INDEMNIFICATION. 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
DECEMBER 20, 1995/JBM/INMATE PAGE 3
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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.
14. 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 Jail U S WEST Communications, Inc.
1485 West 3100 South
Salt Lake City, UT 84111
ATTN: ATTN: Dale S. Cherrington
Either party may change its address for communications by giving notice in writing.
15. REGULATORY. This Agreement is subject to USWC's tariffs, catalogs or
price lists, as filed with appropriate state and federal regulatory commissions.
16. 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 or regulatory 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 related to that proceeding.
17. 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.
18. 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.
19. 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.
20. 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.
21. AMENDMENTS AND MODIFICATIONS. Amendments and modifications
to this Agreement, except for additions or deletions of Telephones as described above,
must be in writing and signed by an authorized representative of each Party.
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22. SEVERABILITY. In the event that a court, governmental agency, or
regulatory body with proper jurisdiction determines that this Agreement or a provision of this
Agreement is unlawful, this Agreement, or that provision of the Agreement to the extent it is
unlawful, shall terminate. Further, if USWC determines that this Agreement or a provision
of this Agreement is inconsistent with the MFJ, this Agreement or that provision shall
terminate upon written notice to the Customer to that effect. If a provision of this Agreement
is terminated but the parties can legally, commercially and practicably continue without the
terminated provision, the remainder of this Agreement shall continue in effect.
23. DISPUTE RESOLUTION. Any claim, controversy or dispute between the
parties, their agents, employees, officers, directors or affiliated agents shall be resolved by
arbitration. A single arbitrator engaged in the practice of law shall conduct the arbitration
under the then current rules of the American Arbitration Association. The Federal
Arbitration Act, 9 U.S.C., § 1-15, not state law, shall govern the arbitrability of all claims.
The arbitrator shall have the authority to award compensatory damages only. The
arbitrator's award shall be final and binding and may be entered in any court having
jurisdiction thereof. Each party shall bear its own costs and attorneys' fees.
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 County Jail U W Commu ications, Inc.
acre 'I nature
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` . e nted/Typed Name Printed/Typed
F LOf}•RD OF •0V CO MWI/SSIONE Account Manager
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Federal Tax ID Number 84 -6000 -813
APPROVED AS TO FORM:
BRUCE BARKER
Name Printed/Typed
WELD COUNTY ATTORNEY
Title
01/24/96
Date
DECEMBER 20, 1995/JBM/INMATE PAGE 5
SEA-951108-0082/)BM 0489/DoC
960111
SCHEDULE A
INMATE TELEPHONE LOCATIONS
FOR
WELD COUNTY JAIL
Telephone Number Address Location City St
970-351-6228-015 915 10th Street A Greeley CO
_
970-351-8526-056 915 10th Street A Greeley CO
970-351-8530-037 915 10th Street A Greeley CO
970-351-8531-057 915 10th Street A Greele CO
970-351-8536-058 915 10th Street B Greeley CO
970-351-8520-035 915 10th Street B Greeley CO
970-353-8239-039 915 10th Street B Greeley CO
970-351-8521-055 915 10th Street B Greeley CO
970-353-5168-019 915 10th Street C Greeley CO
970-351-8524-016 915 10th Street C Greeley CO
970-351-8523-095 915 10th Street C Greeley CO
970-351-8534-018 915 10th Street C Greeley . CO
970-351-8522-075 915 10th Street D Greeley CO
970-351-8533-097 915 10th Street F Greeley CO
970-351-8529-017 915 10th Street F Greeley CO
970-351-8529-096 915 10th Street G Greeley CO
970-351-8527-076 915 10th Street G Greeley CO
970-351-8535-038 915 10th Street Holding Greeley CO
970-351-8532-077 915 10th Street Holding Greeley CO
970-351-8525-036 915 10th Street Juvenile Greeley CO
970-352-9642-172 915 10th Street Minimum Greeley CO
970-352-9653-182 915 10th Street Minimum Greeley CO
970-352-9719-192 915 10th Street Minimum Greeley CO
970-353-5126-431 915 10th Street MSU Greeley CO
970-353-5147-098 915 10th Street MSU Greeley CO
970-356-9957-012 421 N 15th Ave Wrk Greeley CO
970-356-9962-167 421 N 15th Ave Wrk Greeley CO
DECEMBER 20, 1995/JBM/INMATE PAGE 6
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SCHEDULE B
COMMISSION SCHEDULE
FOR
WELD COUNTY JAIL
1. CONTRACT PERIOD:
a. During "Contract Period Year One", USWC agrees to pay Space Provider
Forty Percent (40%) of "gross billable" revenues generated by inmate telephones
based upon USWC's revenue for USWC billed local and intraLATA calls.
OR
b. In lieu of monthly commission payments and upon execution of this
Agreement, USWC will pay Space Provider a lump sum amount of Sixty Thousand
Dollars and No/100 ($60,000.00) or Fifteen Thousand Dollars and No/100
($15,000.00) each quarter. At the end of each Contract Period, USWC will perform
a true-up to bring the total annual payment equal to the percentage of Forty Percent
(40%) of "gross billable" revenues generated by inmate telephones based upon
USWC's revenue for USWC billed local and intraLATA calls.
2. Commission checks are to be mailed to the following address:
WELD COUNTY JAIL
DECEMBER 20, 1995/JBM/INMATE PAGE 7
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