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HomeMy WebLinkAboutR-1999-129 Inmate Telephone Service AgreementRESOLUTION NO. R-99-129 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Inmate Telephone Service Agreement with U S WEST Communications, Inc. WHEREAS, the City desires that inmate telephone equipment and services be available for inmates of the City Detention Facility located in the Police/Legal Center, 200 South Third Street, Yakima, Washington; and WHEREAS, U S WEST Communications, Inc. ("USWC") has provided said telephone equipment and services in a satisfactory manner for several years at no cost to the City; and WHEREAS, City representatives conducted a search for and review of potential providers of said equipment and service and recommend that the City continue its relationship with USWC; and WHEREAS, USWC is willing to continue to provide said telephone equipment and services to inmates of the City Detention Facility at no cost to the City and in accordance with the terms and conditions of this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached Inmate Telephone Service Agreement with U S WEST Communications, Inc., now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Inmate Telephone Service Agreement" with U S WEST Communications, Inc. ADOPTED BY THE CITY COUNCIL this 21st day of September, 1999. ATTEST: City Clerk res/police jail us west 99.pm / _--_- John Puccinelli, Mayor INMATE TELEPHONE SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between U S WEST Communications, Inc. (hereinafter "USWC") a Colorado corporation, and the City of Yakima, a Washington State municipal corporation (hereinafter the "City"). WHEREAS, the City desires that inmate telephone equipment and services be available for inmates of the City Detention Facility located in the Police/Legal Center, 200 South Third Street, Yakima, Washington. WHEREAS, USWC is willing to provide said telephone equipment and services to inmates of the City Detention Facility in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, it is agreed by and between the City and USWC as follows: 1. Scope of Services. a. Responsibilities of USWC. USWC shall provide telephone equipment and services to inmates of the City Detention Facility, including but not limited to the following: i. Install inmate telephones, associated equipment, wiring, hardware, and enclosures at locations mutually agreed upon by both parties. ii. Jointly determine with the City the appropriate number and type of inmate telephones and enclosures to be installed at each location. iii. Service and repair inmate telephones and associated equipment provided by USWC, at USWC's expense, except as otherwise agreed upon herein. iv. Establish and adjust rates for inmate telephone services. b. Responsibilities of the City. With regard to the USWC telephone equipment installed at the City Detention Facility, the City shall be responsible for the following: i. Providing adequate space for inmate telephones and enclosures which is easily accessible to the inmates during the normal operating hours of the City. ii. Maintaining the area around the inmate telephones and enclosures and ensuring safe and ready access by the inmates and USWC personnel. iii. Allowing USWC personnel access to perform maintenance of the inmate telephone equipment during the established hours of accessibility as jointly agreed to by the City and USWC, except when accessibility must be denied to ensure the safety of USWC service personnel and/or to maintain institutional control. Page 1 (Ik)agr/mmate phone agreement -pm iv. Exercising reasonable care to prevent the loss of USWC telephone equipment through theft and/or through damage from any source. v. The City may, at its option, purchase and provide enclosures at its own expense for inmate telephones. In the event the City elects to provide enclosures, the City shall be responsible for installation and maintenance of said enclosures. 2. Term. This Agreement shall continue in effect for a period of three (3) years ("Initial Term") from the date this Agreement is fully executed by the parties, unless sooner terminated by either party in accordance with Section 7 of this Agreement. In the event this Agreement is neither extended nor renewed upon completion of the Initial Term and service continues to be provided to the City, 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 or in accordance with Section 7(b) of this Agreement. 3. Ownership of Telephone Equipment. USWC is and shall remain the owner of the inmate telephones, associated equipment, wiring, hardware, and enclosures provided by USWC pursuant to this Agreement, whether or not such is physically attached to the City Detention Facility. 4. Inmate Telephone Locations. All present locations of USWC telephone equipment at the City Detention Facility that are intended for use by inmates pursuant to this Agreement are specifically described in attached and incorporated Exhibit "A". Additional USWC telephone equipment, wiring, hardware and enclosures may be installed at other locations upon mutual agreement of the parties and shall be reflected in an amended and incorporated Exhibit "A" initialed by the parties. 5. Commission. USWC shall pay the City a commission of thirty percent (30%) of all revenue generated from USWC billed local and intraLATA telephone calls from each inmate telephone authorized under this Agreement and located at City of Yakima Police/Legal Center and Detention Facility. USWC shall provide the City with commission payments on a monthly basis. Specifically, each commission payment shall be provided by USWC to the City within thirty (30) calendar days of the end of the month in which the revenue upon which the commission is based was generated. Each commission payment shall be accompanied by documentation from USWC that demonstrates how the calculation of the commission payment for that month was arrived at by USWC, including the total revenue generated from USWC billed local and intraLATA telephone calls from each inmate telephone during the respective month. USWC shall mail commission payments to the City at the following address: City of Yakima Detention Facility, 200 South Third Street, Yakima, Washington 98901. 6. Removal of Inmate Telephones. a. Discretionary right to remove 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 the City Detention Facility upon thirty (30) days written notice to the City. If USWC removes inmate telephones under this paragraph, the City shall not be liable for any of the termination charges described in Section Page 2 (Ik)agr/inmate phone agreement -pm 7(d) of this Agreement. The City shall be entitled to receive any commissions earned before the USWC removal of such inmate telephones. b. Removal of inmate telephones in the event of termination. In the event that this Agreement is terminated by either party in accordance with Section 7, then USWC shall ensure that all of its property (inmate telephones, hardware, wiring, enclosures, etc.) is removed from the City Detention Facility before the termination date specified in the written termination notice. Except for the termination charge specified in Section 7(d), the City shall not be liable/responsible for any of the costs and expenses associated with such removal. 7. Termination. a. Termination without cause. This Agreement may be terminated by either party without cause by providing a written termination notice to the other party at least sixty (60) calendar days in advance of the intended date of termination. b. Termination for cause. 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) calendar 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 by providing a written termination notice to the defaulting party at least ten (10) calendar days in advance of the intended date of termination. c. Continuing obligations after termination. 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, including but not limited to the obligation of USWC to provide the City with commission payment(s) for commissions earned before USWC's removal of inmate telephones from the detention facility and the termination date specified in the termination notice. d. Termination charge. In the event that this Agreement is terminated without cause by the City, then the City shall pay USWC a termination charge of Three Hundred and Eighteen Dollars and Forty Five Cents ($318.45) for each USWC inmate telephone installed and in service at the City Detention Facility at the time the City mails or hand delivers the termination notice to USWC. Said termination charge shall be reduced for each inmate telephone by Eight Dollars and Forty Six Cents ($8.46) for each month that the telephone is in service at the Detention Facility after the installation date. Additionally, the City shall not be subject to any termination charges if the cause of termination of this Agreement is directly related to the cessation of the use of the Detention Facility as a jail facility. 8. 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 FOR THE TERMINATION CHARGE PROVIDED UNDER SECTION 9(d) OF THIS AGREEMENT. Page 3 (1k)agr/inmate phone agreement -pm 9. Excused Performance. 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. 10. Regulatory. This Agreement is subject to USWC's tariffs, catalogs or price lists, as filed with appropriate state and federal regulatory commissions. 11. 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. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of this Agreement to that extent without further notice. 12. Nondiscrimination. During the performance of this Agreement, USWC shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap in violation of any applicable federal, state and/or local law and/or regulation. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 13. The Americans with Disabilities Act. USWC shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. 14. 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. 15. 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. 16. Assignment. USWC shall not assign its rights nor delegate its duties under this Agreement without the prior written consent of the City; except, that USWC may assign this Agreement to a parent, subsidiary or affiliated company by providing thirty (30) days written notice to the City. In the event of an assignment by USWC to any person or entity, the assignee shall assume all duties, obligations, and liabilities of USWC as stated herein. 17. 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. Page 4 (lk)agr/inmate phone agreement -pm 18. 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. 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 full force and effect. 19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: TO USWC: Police Chief Police Department City of Yakima 200 South Third Street Yakima, WA 98901 ATTN: Joanna Sissons U S WEST Communications, Inc. 1600 7th Avenue, Room 2609 Seattle, WA 98191 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 20. Entire Agreement. This Agreement, together with all Exhibits 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. 21. Governing Law. This Agreement shall be interpreted, construed and enforced in all aspects in accordance with the laws of Washington State. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page 5 (Ik)agr/inmate phone agreement -pm CITY OF YAKIMA By: Dick Zais;City Manager DATE: ATTEST: U S WEST COMMUNICATIONS,.INC By:• It lee.6/141 DATE: /0 -lg. -91? City Contract No. 99-116 Resolution No. R-99-129 Page 6 (1k)agr/inmate phone agreement -pm SCHEDULE A INMATE TELEPHONE LOCATIONS FOR CITY OF YAKIMA DETENTION FACILITY 200 SOUTH THIRD STREET YAKIMA, WASHINGTON Telephone Number Location City State 509-454-9132 Jail Yakima WA 509-454-9141 Jail 509-454-9794 Jail 509-454-9795 Jail 509-454-9796 Jail 509-454-9797 Jail 509-454-9798 Lobby 509-454-9799 Lobby Page 7 (Ik)ag/inmate phone agreement -pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of fLff3 9a� 95 ITEM TITLE: _ Consideration of a Resolution Authorizing Renewal of Contract with U. S. West for City Jail Inmate Telephone Services SUBMITTED BY: Don Blesio, Chief of Police CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 t SUMMARY EXPLANATION: Attached is a resolution authorizing the renewal of a contract with U. -S. West for City Jail inmate pay -phone services. All telephone calls made by City Jail inmates are "collect", with a percentage of the charge returned to the City in the form of a commission. U. S. West has provided this service since the time our jail opened, and we have been satisfied with their service. When this service contract came up for renewal, we researched three potential vendors, requested quotes, and received only one other. The commission offered by the other vendor was identical to that offered by U. S. West and, according to our research, appears to be standard for the industry. U.S. West also offered a more flexible cancellation clause. Changing service providers would require replacement of existing equipment, including all of the telephone instruments mounted inside the jail dorms. Since the current contractual relationship is working well, we can see no advantage in changing vendors at this time. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: ���—�• 'moitY Manager er STAFF RECOMMENDATION: It is recommended the Council adopt the resolution authorizing execution of this contract. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: