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HomeMy WebLinkAboutR-2003-119 Qwest Corporation Agreement (re: Inmate telephone services)RESOLUTION NO. R-2003-119 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Inmate Telephone Service Agreement with Qwest Corporation. 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, the Qwest Corporation ("Qwest"), the successor to U S WEST Communications, Inc., 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 Qwest; and WHEREAS, Qwest 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 the Qwest Corporation, 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 the Qwest Corporation. ADOPTED BY THE CITY COUNCIL this 2nd day of September , 2003. ATTEST: City Clerk res/police jail-qwest 2003.pm INMATE TELEPHONE SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between Qwest Corporation (hereinafter "Qwest") a Colorado corporation, and the City of Yakima, a Washington State municipal corporation (hereinafter the "City") (each individually a "Party" and collectively the "Parties"). 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, Qwest 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 Qwest as follows: 1. Scope of Services. a. Responsibilities of Qwest. Qwest 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, software, and enclosures at locations mutually agreed upon by both parties. ii. Qwest shall upgrade the current DOS based inmate telephone system software to Windows based inmate telephone system software. iii. Jointly determine with the City the appropriate number and type of inmate telephones and enclosures to be installed at each location. iv. Service and repair inmate telephones and associated equipment provided by QWEST, at Qwest's expense, except as otherwise agreed upon herein. v. Establish and adjust rates for inmate telephone services. b. Responsibilities of the City. With regard to the Qwest 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 Qwest personnel. iii. Allowing Qwest personnel access to perform maintenance of the inmate telephone equipment during the established hours of accessibility as jointly agreed to by the City and Qwest, except when accessibility must be denied to ensure the safety of Qwest service personnel and/or to maintain institutional control. Page i (lk)agr/police jail inmate phone agreement revised 07 25 03 iv. Exercising reasonable care to prevent the loss of Qwest 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 five (5) 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. Qwest is and shall remain the owner of the inmate telephones, associated equipment, wiring, hardware, and enclosures provided by Qwest pursuant to this Agreement, whether or not such is physically attached to the City Detention Facility. 4. Inmate Telephone Locations. All present locations of Qwest 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 Qwest 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. Commissions. a. Local and intraLATA Commission(s). Qwest shall pay the City a commission of forty-five percent (45%) of all revenue generated from Qwest 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. Qwest shall provide the City with commission payments on a monthly basis. Specifically, each commission payment shall be provided by Qwest 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 Qwest that demonstrates how the calculation of the commission payment for that month was arrived at by Qwest, including the total revenue generated from Qwest billed local and intraLATA telephone calls from each inmate telephone during the respective month. Qwest shall mail commission payments to the City at the following address: City of Yakima Detention Facility, 200 South Third Street, Yakima, Washington 98901. b. InterLATA Commission(s). Qwest selected and subcontracted with T-NETIX, Inc. as the interLATA carrier for the Detention Facility. With City's approval, not to be unreasonably withheld, Qwest may change the interLATA carrier, if Qwest concludes, from time to time, that such a change will be in the best interest of the users of the Telephones, the City, and Qwest. Qwest agrees to cause any interLATA Carrier chosen by Qwest to provide interLATA services under this Agreement to pay directly to the City a monthly commission equal to forty-five percent (45%) of the charges paid to the interLATA carrier on account of the operator assisted interLATA calls actually made from the said Telephones and collected by the interLATA carrier (but no other charge for any interLATA call). City and Qwest agree to rely upon the records of the interLATA carrier. Commissions due to the City from interLATA carrier are due only from amounts to be Page 2 (lk)agr/police jail inmate phone agreement revised 07 25 03 paid by that interLATA carrier to Qwest on account of operator assisted interLATA calls made from the Telephones listed in Schedule A of the Agreement. 6. Removal of Inmate Telephones. a. Discretionary right to remove inmate telephones. Qwest retains the right to remove any or all inmate telephones in the event that it is not financially feasible, at Qwest's sole discretion, to continue providing inmate telephones at the City Detention Facility upon thirty (30) days written notice to the City. If Qwest removes inmate telephones under this paragraph, the City shall not be liable for any of the termination charges described in Section 7(d) of this Agreement. The City shall be entitled to receive any commissions earned before the Qwest 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 Qwest 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 (io) 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 (io) 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 Qwest to provide the City with commission payment(s) for commissions earned before Qwest'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 Qwest a termination charge of Three Hundred and Eighteen Dollars and Forty Five Cents ($318.45) for each Qwest inmate telephone installed and in service at the City Detention Facility at the time the City mails or hand delivers the termination notice to Qwest. 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 Qwest in the event of a service interruption caused by Qwest, 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 Page 3 (lk)agr/police jail inmate phone agreement revised 07 25 03 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. 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 Qwest'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, Qwest 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. Qwest shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.6o 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. Neither Party shall assign its rights or delegate its duties under this Agreement without the prior written consent of the other Party; except, that Qwest 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 Qwest to any person or entity, the assignee shall assume all duties, obligations, and liabilities of Qwest as stated herein. Page 4 (lk)agr/police jail inmate phone agreement revised 07 25 03 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. 18. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the City determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, the City may, in its sole discretion, terminate this Agreement. 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 QWEST: Police Chief Police Department City of Yakima 200 South Third Street Yakima, WA 98901 ATTN: Qwest Corporation Legal Department 18oi California Street, 38th Floor Denver, CO 80202 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. CITY OF YAKIMA Page 5 (lk)agr/police jail inmate phone agreement revised 07 25 03 QWEST CORPORATION By: Its: V1 reCE -r- DATE: DATE: g — l l — 03 ATTEST: City Contract No. 100.3-fY ifesdecnow /16. iteo?O23-N9 Page 6 (lk)agr/police jail inmate phone agreement revised 07 25 03 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 (lk)agr/police jail inmate phone agreement revised 07 25 03 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / For Meeting of September 2 , 2003 ITEM TITLE: Consideration of a resolution authorizing execution of an inmate telephone service agreement with Qwest Corporation. SUBMI 1"IED BY: Roy Willson, Acting Chief of Police CONTACT PERSON/TELEPHONE: Interim Police Chief Roy Willson - 576-6348 Lt. Rod Light - 576-6393 SUMMARY EXPLANATION: The City of Yakima contracted for a number of years with US West Communications, Inc. to provide inmate telephone services at the Yakima City Detention Facility. Said corporation has been succeeded by Qwest Corporation ("Qwest"). Qwest proposes to continue providing inmate telephone services under the same general terms and conditions agreed to by US West, except that Qwest will also pay the City a 45% commission on charges for long-distance calls outside of the "509" area code and upgrade (at no charge) the current telephone software in the City Detention Facility from a "DOS based" system to a "Windows-based" system. It is recommended that City Council approve the resolution authorizing execution of the inmate telephone service agreement with Qwest Corporation. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source APPROVED FOR SUBM1'1" 1'AL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing execution of the inmate telephone service agreement with Qwest Corporation. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-119 (lk) agenda police jail Qwest 03.pm