J ~ ,,,
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: W.R. Hierholzer
MEETING DATE: October 27, 2003
OFFICE: Kerr County Sheriff s Office
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC}
Consider and discuss entering into contract for inmate telephone system with ADS-Telecom, Inc.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Sheriff Hierholzer !~
ESTIMATED LENGTH OF PRESENTATION: 3minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and
552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
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5:00 P.M. previous Tuesday.
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October 27, 2003
To: Kerr County Judge Pat Tinley and
Kerr County Commissioners'Court
From: Sheriff Rusty Hierholzer
Re: Inmate Telephone System
Consider and discuss entering into contract for inmate telephone system with
ADS-Telecom, Inc.
~tDs-~t~oM
INMATE TELEPHONE
SERVICE AGREEMENT
This Agreement is made and entered into this , 2003 by and between ADS-Telcom, Inc.
(also known as and hereinafter referred to as ADS-Telcom) with its principal office at 595 Round Rock West Dr.,
Ste 604, Round Rock, Texas 78681, and Kerr County Jail with its principal office in Kerrville, Texas (hereinafter
referred to as "Customer").
RECITALS
ADS-Telcom is in the business of providing telephone services for inmate calls for the Customer and desires to act
as the exclusive Company for completion and billing of such calls from the Customer's location set forth in this
Agreement at no cost to the Customer and the Customer desires to retain ADS-Telcom to perform such services.
The Customer represents and warrants that it has the legal authority to make decisions concerning the provisions of
the inmate telephone service at the location(s) covered by this Agreement and that there are no existing agreements
with which this Agreement will interfere.
The Customer further agrees that ADS-Telcom shall have the exclusive right to install, operate, and maintain inmate
telephones and telephone service in any and all pre-existing and future Correction facilities (male and female),
owned, operated or controlled by the Customer for the term of this Agreement and renewals thereof.
In consideration for the mutual covenants contained in this Agreement and for other good and valuable
--- consideration hereby acknowledged, by the parties agree:
1. Services of ADS-Telcom ADS-Telcom will arrange for the necessary facilities from the local exchange
compa~ and inter-exchange carrier to terminate inmate calls. ADS-Telcom will, at its expense, arrange for
the installation of whatever equipment is necessary to screeq process and complete inmate phone calls. ADS-
Telcom will arrange for the necessary billing of the completed calls and distnbute the proceeds in accordance
with Paragraph 3 of this Agreement.
2. Service Agreement. (a) Installation: Fully qualified and trained personnel will complete all work in a
professional, workrnanlike manner. The number of telephones and the location of the telephones will be
determined by mutual consent and agreement between ADS-Telcom and the Customer. All equipment
provided by ADS-Telcom shall remain the property of ADS-Telcom and will be installed at no cost to the
Customer.
(b) Maintenance: ADS-Telcom will retain fully qualified and trained support personnel to maintain the
installed telephone equipment. ADS-Telcom will provide the Customer with a Central point of contact for all
repair requests. ADS-Telcom will respond to a repair request from a Customer within two hours. ADS-
Telcom will dispatch for repair withintwenty-four hours for minor outages and within six hours for major
outages. A minor outage is defined as the inability to originate calls from less than 20% of the stations served
by ADS-Telcom, A major outage is defined as the inability to originate calls from more than 20% of the
station served by ADS-Telcom.
3. Distribution of Collected Proceeds by ADS-Telcom. ADS-Telcom agrees to provide for the Customer
distribution of the Monthly Gross Billable Revenue as follows:
The commission payment shall be 48% of the Monthly Gross Billable Revenue for each circuit installed or
connected in the facility. Said commission payments are to be paid monthly to the Customer for the total
`^ revenue earned from usage charges before operational costs are deducted.
Definition of Monthly Gross Billable Revenue is:
The Gross Revenue means 100% of the charges of the "primary interexchange carver" (hereinafter "PIC")for
the inmate calls, without deduction for line charges, repair charges, discounts, or uncollectables. The
_._ commission will be paid on 100% of the Gross charge for each completed call, including calls for which the
vendor is unable to collect payment from the customer. No offsets, reductions, allocations of loss or expenses,
or other reductions of the amount to which the commission rate total dollar as applied shall be allowed.
EXAMPLE: Revenue generated = $10,000
30% commission paid= $ 3,000
No deductions charged for any reason
Distribution will be made sixty (60) days following the end of the month in which the call giving rise to the
revenue is generated.
4. Term. (a) Subject to the provisions of (b) below, the term of this Agreement shall be for a period of three(3)
years commencing on the date of installation (addendum to show actual installation date), and shall provide for
continuous one-year period renewals, unless either party terminates this Agreement by providing written notice
of termination to the other party at least ninety (90) days prior to the effective date of any such renewal period.
The date of installation will be considered the date this Agreement was executed, unless noted in this section.
(b) ADS-Telcom shall be entitled to cancel this Agreement upon written notice to the Customer in the
event that a significant number of calls prove to be un-billable or if the Ctistomer manages the facility such
that the inmates are denied reasonable access to the telephones. Further, the inmate telephone stations
generating less than a daily minimum average of $20.00 are subject to review as potential disconnects.
(c) The rate structure shall not exceed rates set forth by the Public Utilities Commission.
5. Indemnification. Both parties agree to conduct their activities so as not to endanger any person or property,
and each party shall hold the other, its officers, agents and employees harmless from any and all claims for
`'~ loss, injury or damage to persons or property caused by its negligence and arising in connection with the
telephones permitted to be installed hereunder.
6. Access. The Customer agrees to provide ADS-Telcom reasonable access to the premises and to the telephone
facilities as required by ADS-Telcom to perform the services outlined in this Agreement. The telephones and
other equipment installed on the premises of the Customer will remain the- sole properly ofADS-Telcom at all
times. Upon removal of equipment, the Company shall restore said premise to its original condition, original
wear and tear expected. However, the Company shall not be liable for holes placed in walls, pillars, or floors
or other conditions on the premises which resulted from the proper installation of material described herein.
7. Notices. Arry and all notices shall be deemed properly given if in writing and either hand delivered or sent by
registered or certified United States mail, postage prepaid, return receipt requested, to a party at its address set
forth above or at such address as a party may hereafter specify by written notice to the other.
8. Assignment. This Agreement may be transferred or assigned in whole or in part by the company to any
parent, successor, subsidiary or affiliated company of the company with written consent of both parties.
9. Governing Law. This Agreement shall become valid when executed and accepted by ADS-Telcom. This
Agreement shall be governed by and interpreted in accordance with the laws of Texas.
10. Right to CurelCause for Termination. In the event that the Vendor shall fail to perform, keep and observe
any of the terms, covenants and conditions of this Agreement, or ADS-Telcom is carrying out the terms of the
contract in an unreasonable, unprofessional or unworkmanlike manner, the Customer shall give the Vendor
written notice of such default and in the event said default is not remedied to the satisfaction and approval of
the Customer within thirty (30) calendar days of receipt of such notice by the vendor, the vendor shall have no
right to further perform under this contract.
11. Entire Agreement. This represents the entire Agreement between the parties and no representations have been
made or relied upon by either party except as contained herein.
._. 12. Special Conditions. All inmate telephone equipment will remain the property of ADS-Telcom.
IN WITNESS WHEREOF, the parties have duly executed this Agreement on the date first above written.
CUSTOMER ADS-TELCOM
BY• BY•
DALL R DUGGER
COUNTY
TITLE:
TTTLE• SALES AND MARKETING
DATE: