Prison Phone Justice

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SEMINOLE COUNTY SHERIFF'S OFFICE
- INMATE TELEPHONE SERVICES AGREEMENT

THIS AGREEMENT is made and entered by and between the Seminole County Sheriffs
Office, hereinafter referred to as the SHERIFF, a political subdivision of the State of
Florida, whose address is 100 Bush Boulevard, Sanford, Florida, 32773, and Securus
Technologies, Inc., hereinafter referred to as PROVIDER, whose address is 14651 Dallas
Parkway, Suite 600, Dallas, Texas 75254.

WITNESSETH·
WHEREAS, the SHERIFF oversees operations at the John E. Polk Correctional Facility,
located at 211 Bush Boulevard, Sanford, FL 32773, and also oversees operations at several
smaller capacity facilities also located in Sanford, FL. And

WHEREAS, in accordance with the results of RFP 2014-01, the SHERIFF desires to
obtain the services of the PROVIDER to furnish telephone services to inmates and the
public at the John E. Polk Correctional Facility, and other facilities as required, AND

WHEREAS, the PROVIDER is a telecommunications company licensed by the Florida
Public Services Commission to provide such telephone services in the State of Florida AND

WHEREAS, the PROVIDER agrees to provide inmate and public telephone services as set
forth in RFP 2014-01 and the PROVIDER'S response to the RFP.

NOW, THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the SHERIFF and the PROVIDER agrees as follows:

SECTION I - TERM
1.1

The term of this Agreement shall commence upon the date of signature by the
PROVIDER and shall terminate three (3) years thereafter, unless otherwise extended
or terminated as provided herein.

1.2

Upon mutual written consent of the parties, this 'Agreement may be renewed for
three (3) consecutive one (1) year periods.

SECTION II - REPRESENTATION AND WARRANTIES
2.1

The PROVIDER warrants that it is a corporation licensed to do business in the State
of Florida and that it maintains all licenses and permits, and meets all regulatory
requirements necessary to provide inmate and public telephone services at the John
E. Polk Correctional Facility and other correctional facilities under the control of the
SHERIFF. The PROVIDER further warrants that the representative executing this
Agreement has been duty authorized to enter into this Agreement on its behalf.

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2.2

The SHERIFF warrants that he is authorized by the laws of the State of Florida to
enter into this Agreement.

SECTION III - EXCLUSIVE RIGHT
3.1

The SHERIFF hereby grants the PROVIDER an exclusive right to provide all
inmate and public telephone services at the John E. Polk Correctional Facility.

SECTION IV - SERVICES
4.1

The PROVIDER agrees to provide, without cost to the SHERIFF, a correctional
facility inmate telephone system consisting of coinless telephones for use by inmates
for making collect, prepaid and debit calls and pay telephones located in non
confinement areas of the facilities for use by the general public. The requirements of
the telephone system shall be in accordance with the statement of work (Exhibit C)
and provisions set forth in RFP 2014-01 and the PROVIDER'S response to the
RFP, both of which by reference shall be incorporated into and become part of this
Agreement.

4.2

The PROVIDER agrees to provide local, interlata, intralata, intrastate, interstate, and
international calling at rates not exceeding those set forth in the PROVIDER'S bid
response to RFP 2014-01. Changes to the initial calling rate structure, which is
attached to this Agreement (Exhibit A) may only be accomplished through mutual
agreement by the parties in the form of an amendment to this Agreement.

4.3

All inmate calls shall be programmed to process collect, prepaid and debit calls only.
Calls to a third party and credit card calls shall not be permitted. Charges for calls
shall include only the time from the point at which the called party accepts the call
and shall end when either party returns to an on-hook condition. There shall be no
charges to the called party for call setup time.

4.4

The PROVIDER shall provide, at
monitoring equipment and related
Commission Rate) and Exhibit B
accordance with the requirements
proposal.

4.5

The PROVIDER shall provide training to key personnel identified by the SHERIFF
on the operation of the inmate telephone system and the call recording/ monitoring
system.

4.6

The SHERIFF shall not be held liable for any loss, damage or destruction of, or to,
the inmate telephone equipment unless willfully or negligently caused by employees
or agents of the SHERIFF.

no cost to the SHERIFF, call recording and
products identified in Exhibit A (Section 1for the installed inmate telephone system in
of RFP 2014-01 and the PROVIDER'S bid

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4.7

Both parties agree to cooperate and use their best efforts to prevent vandalism and
damage to the inmate telephone system and to reduce fraudulent calling practices.

SECTION V - COMMISSIONS/BILLING
5.1

The PROVIDER agrees to compensate the SHERIFF a commission of 69.8%
percent for professional services called for under this agreement. Commissions shall
be calculated as a fixed percentage based upon the gross monthly billings of all calls
placed through the inmate telephone system no matter what payment method is
utilized by the inmate and/ or party called. There shall be no deductions from gross
billings for the purposes of calculating the commissions for the Sheriff's Office.
Payment shall be made to the SHERIFF in the form of two separate monthly checks;
one for 60.0% representing general SHERIFF'S ITS system revenue and the other in
the remaining percentage amount of 9.8% representing personnel and operating
support expenses. The two separate checks shall be made payable to the Seminole
County Sheriff's Office and forwarded to the following address:
Seminole County Sheriff's Office
Financial Services Division
100 Bush Blvd., Sanford, FL. 32773
Ref: Inmate Telephone System

5.2

It is acknowledged by the PROVIDER that the commission rate referenced in this
Agreement is based upon the PROVIDER'S response to the SHERIFF'S RFP for
. inmate telephone services and was predicated upon calling rates and allowable fees set
forth in the RFP and which said rates/ fees are inclusive of Exhibit A of this
Agreement. In light of potential FCC regulation of calling rates, it is the
understanding of both the SHERIFF and the PROVIDER that unless the FCC or
any other regulatory agency expressly prohibits, in writing, the payment of
commission rates if/when establishing calling rate caps, then the PROVIDER shall
continue to provide such commissions to the SHERIFF if the current rates set forth
in this Agreement are less than the regulated rate. In the event that the FCC or other
regulatory agency proposes calling rates that are lower than the rates set forth in this
Agreement, the SHERIFF shall determine the new calling rate and shall negotiate
with the PROVIDER for an adjusted commission rate.

5.3

Changes to the commission rate, predicated upon changes in services provided by the
PROVIDER upon the request of the SHERIFF may only be accomplished through
mutual agreement by the parties in the form of an amendment to this Agreement.

5.4

A listing of all authorized call charges that the PROVIDER may impose on the billed
party or service "payee" is attached to this Agreement (Exhibit A). Changes to this
schedule may only be accomplished through mutual agreement by the parties in the
form of an amendment to this Agreement.

5.5

The PROVIDER shall make commission payments to the SHERIFF within thirty
(30) days after the close of each month. A detailed call activity and billing report shall
accompany each commission check.
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5.6

The PROVIDER agrees to maintain books, records, and documents (including
electronic storage media) in accordance with generally accepted accounting
procedures and practices which sufficiently and properly account for all revenues due
to and paid to the SHERIFF.

SECTION VI -ASSIGNMENT /SUBCONTRACTORS
6.1

This Agreement may not be assigned, sold, or transferred by either party without the
written consent of the other party, which shall not be unreasonably withheld, except
that the PROVIDER may assign the Agreement to an affiliated PROVIDER
company without written consent provided that advance notification shall be given
to the SHERIFF.

6.2

The selection of a Local, Inter-lata, Intra-lata, and Inter-state carrier for the inmate
telephone system and coin pay system shall be made by the PROVIDER

6.3

The PROVIDER shall, in accordance with the requirements set forth in RFP 201401, not enter into subcontracts for any of the services to be performed hereunder
without the prior consent of the SHERIFF with the exception of those
subcontractors identified by the PROVIDER in its bid submittal.

6.4

The PROVIDER shall be fully responsible for all work performed under this
Agreement by subcontractors hired by the PROVIDER. The PROVIDER shall also
be responsible for insuring that any subcontractors performing work for the
PROVIDER at the John E. Polk Correctional Facility maintain adequate insurance
and meet all security requirements as set forth in this Agreement.

SECTION VII - LICENSES AND PERMITS
7.1

The PROVIDER shall maintain all licenses, permits and other approvals required for
its operations hereunder. The PROVIDER shall pay all fees incurred in connection
with obtaining and maintaining such licenses and permits as a cost of operation
hereunder.

7.2

The PROVIDER acknowledges that it is familiar with all Federal Communication
Commission and Florida Public Service Commission Rules and Regulations which
pertain to the installation and operation of an inmate telephone system and that they
will abide by such rules and regulations.

7.3

The PROVIDER agrees that it will abide by all local, state and federal laws, rules and
regulations concerning the installation and operation of an inmate and pay telephone
system.

7.4

Should any changes in laws, rules or regulations by any federal, state or local
regulatory agency substantially affect the ability of either party to fulfill its
responsibilities under this Agreement, the parties shall renegotiate those portions of

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the Agreement adversely affected. If the parties fail to reach an Agreement, either
party may cancel this Agreement by providing ninety (90) days notice.

SECTION VIII - CORRECTIONAL FACILITY - SECURITY
8.1

The PROVIDER shall provide all information requested by the SHERIFF
pertaining to employees of the PROVIDER who will be providing services as set
forth in this Agreement at the Correctional Facility for the purposes of the
Correctional Facility conducting a background check on said employees. The
SHERIFF, at his sole discretion, based upon the results of the background check,
may deny access to the Correctional Facility to any employee of the PROVIDER.
The SHERIFF may also deny access to any employee of the PROVIDER who in the
sole determination of the SHERIFF presents a security risk at the Correctional
Facility. It is the responsibility of the PROVIDER to promptly replace any individual
who is denied access to the Correctional Facility.

SECTION IX - INSURANCE
9.1

The PROVIDER shall at its own cost, procure insurance under this Section.

9.2

The PROVIDER shall furnish SHERIFF with a certificate of insurance, signed by
an authorized representative of the insurer, evidencing the insurance required by this
Section (Professional Liability, Worker's Compensation/Employer's Liability and
Commercial General Liability). SHERIFF, it's officials, officers and employees shall
be named additionally insured under the Commercial General Liability policy. The
Certificate of Insurance shall provide that SHERIFF shall be given not less than
thirty (30) days written notice prior to the cancellation or restriction of coverage by
policy endorsement or letter form the insurer. Until such a time as the insurance is
no longer required to be maintained by PROVIDER, PROVIDER shall provide the
SHERIFF with a renewal or replacement certificate has been provided. The
certificate shall contain a statement that it is being provided in accordance with this
agreement and that the insurance is in full compliance with the requirements of this
agreement. In Lieu of the statement on the certificate, PROVIDER shall, at the
option of the SHERIFF, submit a sworn notarized statement from an authorized
representative of the insurer that the certificate is being provided in accordance with
this agreement and that the insurance is in full compliance with the requirements of
this agreement. The certificate shall have this agreement number clearly
marked on its face. In addition to providing the Certificate of Insurance, upon
request as required by the SHERIFF, PROVIDER shall, within thirty (30) days after
receipt of the request, provide the SHERIFF with a certified copy of each of the
policies of insurance providing the coverage required by this section.

9.3

Neither approval by the SHERIFF, nor failure to disapprove the insurance furnished
by the PROVIDER, shall relieve PROVIDER of its full responsibility for
performance of any . obligation including PROVIDER's indemnification of
SHERIFF under this agreement.

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9.4

Insurance companies providing the insurance under this Agreement must meet the
following requirements:
1.

Companies issuing policies (other than Workers' Compensation)
must be authorized to conduct business in the State of Florida and
prove same by maintaining certificates of authority issues to the
companies by the Department of Insurance of the State of Florida.
Policies for Workers' Compensation may be issued by companies
authorized as a group self-insurer by Section 624.4621, Florida
Statutes.

9.5

Without limiting any of the other obligations or liability of PROVIDER,
PROVIDER shall, at its sole expense, procure, maintain and keep in force amounts
and types of insurance conforming to the minimum requirements set forth in this
section. Except as other specified in this agreement, the insurance shall become
effective prior to the commencement of work by PROVIDER and shall be
maintained in force until this agreement's completion date. The amounts and types
of insurance shall conform to the following minimum requirements.

9.6

Workers' Compensation/Employer's Liability.
1.

PROVIDER's insurance shall cover PROVIDER for liability which
would be covered by the latest edition of the standard Workers'
Compensation policy as filed for use in Florida by the National
Council on Compensation Insurance, without restrictive
endorsements.

2. The minimum amount of coverage under the standard Worker's
Compensation policy shall be:

$500,000.00
$500,000.00
$500,000.00
9.7

(Each Accident)
(Disease - Policy Limit)
(Disease - Each Employee)

Commercial General Liability:
1. The PROVIDER shall maintain at its sole cost and expense,
commercial general liability insurance. The PROVIDER's insurance
shall cover the PROVIDER for those sources of liability which
would be covered by the latest edition of the standard Commercial
General Liability Coverage Form as filed for use in the State if
Florida by the Insurance Services Office.

2. The minimum limits to be maintained by PROVIDER shall be as
follows:
General Aggregate

Two (2) time the each occurrence
limit

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Personal & Advertising
Injury Limit
Each Occurrence Limit

9.8

$500,000.00

Professional Liability Insurance:
1.

9.9

$500,000.00

PROVIDER shall carry Insurance Liability with limits of not less
than FIVE HUNDRED THOUSAND AND N0/100 DOLLARS
($500,000.00).

The SHERIFF reserves the right to require additional insurance where appropriate.

SECTION X - INDEMNIFICATION
10.1

The PROVIDER agrees to indemnify the SHERIFF, his deputies, employees and
agents, harmless from any liability, losses, damages, judgments, liens, expenses and
costs sustained or incurred in connection with any claims, suits, actions or
proceedings made or brought against any such party as a result of any act or
omissions of the PROVIDER, its officers, employees or agents, in the performance
of its obligations under this Agreement.

10.2

The SHERIFF agrees to indemnify the PROVIDER, its officers, employees and
agents, harmless, to the extent permitted by Florida law, from any liability, loss,
damage, judgment, liens, expenses and costs sustained or incurred in connection with
any claims, suits, actions or proceedings made or brought against any such party as a
result of any acts or omission of the SHERIFF, his deputies, employees or agents.

10.3

The indemnified party shall give prompt notice to the indemnifying party of any
action commenced against it in respect of which indemnity may be sought
hereunder. An indemnifying party may participate, at its own expense, in the defense
of any such action.

10.4

For any claim or cause of action arising under or related to this Agreement, neither
party shall be liable to the other for punitive, special or consequential damages, even
if the party is advised of the possibility of such damages.

SECTION XI - FORCE MAJUERE
11.1

Neither party hereto shall be liable to the other party for any non-performance in
whole or in part of its obligations under this Agreement caused by the occurrence of
any contingencies beyond the control of the parties, including, but not limited to;
declared or undeclared war; sabotage; insurrection; riot or other acts of civil
disobedience; acts of public enemy; acts of governments or agencies affecting the
terms of this Agreement; strikes; labor disputes; acts of third parties not within the
control of the party whose performance is affected; shortages of fuel; failure of
power; accidents; fires; explosions; floods or other national disasters. In the event
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that any such contingencies occur, the party whose performance is affected shall
have a reasonable time in which to resume performance and such party's nonperformance shall not constitute a default unless the party is unable to resume full
performance or for any reason fails to make a reasonable attempt to do so.

SECTION XII -TERMINATION/DEFAULT
12.1

Notwithstanding any provisions contained in this Agreement to the contrary, the
Sheriff may terminate this Agreement in the event of a breach of this Agreement by
PROVIDER, provided that PROVIDER does not cure the breach within thirty (30)
days after receipt of written notice from the Sheriff.

12.2

Default of this Agreement by the PROVIDER shall include but not be limited to the
following; failure to pay commissions on time, failure to keep equipment or software
maintained in a timely manner, charging telephone customers rates in excess of those
agreed upon in the PROVIDER'S bid submittal and as set forth in this Agreement,
other considerations preventing the proper operation of inmate telephone services
and failure to install inmate telephones where the SHERIFF has deemed a phone
necessary, even in a non-revenue location.

12.2

Termination of this Agreement for any reason will not relieve the PROVIDE R of
any obligation of payment of commissions earned up unto the date of cancellation.

12.3

The SHERIFF reserves the right to terminate this agreement with or without cause
with a minimum ninety (90) day written notice.

SECTION XIII - NOTICE
13.1

All notices required by this Agreement shall be in writing and shall be delivered
personally or by registered or certified mail, return receipt requested, addressed as
follows:

TO SHERIFF:
William Johnson, Manager
Purchasing and Facilities
Seminole County Sheriff's Office
100 Bush Boulevard
Sanford, FL 32773

TO PROVIDER:
Securus Technologies, Inc.
Attention: General Counsel
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14651 Dalis Parkway, Sixth Floor
Dallas, Texas, 75254

SECTION XIV - FINAL AGREEMENT I MODIFICATION
14.1

This writing, inclusive of the Sheriffs Office issued RFP 2014-01 as amended, the
bidders submittal upon which this award was predicated and all attachments to this
writing constitute the final expression of the agreement of the parties. It is intended
as a complete and exclusive statement of the terms of their agreement. No
modification of the Agreement shall be binding on the parties hereto unless it is
mutually agreeable, and in writing and signed by the parties hereto.

SECTION XV - RELATIONSHIP OF PARTIES
15.1

The parties intend that the PROVIDER shall be an independent contractor to the
SHERIFF. Nothing herein shall be construed to create a partnership, joint venture
or agency relationship between the parties and neither party shall have the authority
to bind the other in any respect.

15.2

The PROVIDER agrees for the purposes within the scope of this agreement that
under no circumstances shall it be construed that the PROVIDER, his employees or
agents are employed by the Seminole County Sheriffs Office, but rather is an
independent contractor. Nothing contained herein shall be construed as · to confer
upon the PROVIDER the rights, privileges, or benefits of Seminole County Sheriffs
Office employees.

SECTION XVI - GOVERNING LAW
16.1

This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida. In the event of litigation, venue shall be in Seminole County
Florida.

SECTION XVII - COUNTER PARTS
17.1

This Agreement may be executed simultaneously in two or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the
same instrument.

SECTION XVIII - OWNERSHIP AND SECURITY OF DATA/DOCUMENTS
18.1

All data and documents that may result from the PROVIDER's services or that may
be created during the PROVIDER's performance under this agreement shall be
considered the exclusive property of the SHERIFF. Said data and documents which
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shall include but not be limited to telephone and video conversion recordings shall
be housed in in accordance with the Commission on Accreditation for Law
Enforcement Agencies (CALEA) standards as applicable, and said system of
data/ record housing shall be disclosed and subject to the approval of the Sheriffs
Office Department oflnformation Technology.

18.2

No data or records created or developed under the terms of this Agreement shall be
released to any third party without a) proper and timely notification made to the
SHERIFF, and b) receipt of the affirmative authorization for release of said data by a
duly authorized representative of the SHERIFF, or c) receipt of an official order
authorizing release of said data by a duly authorized court with jurisdiction over the
data, and then only after adjudication of any legal proceedings challenging release of
the data by the data owner. In all instances, SHERIFF must be notified immediately
of any completed unauthorized access to their data and of any unlawful or significant
attempted access to their data. The classification of and retention period for said
records shall be at the determination of the SHERIFF in accordance with applicable
State Law and governing regulations.

18.3

PROVIDER will take all necessary physical, technical, administrative, and procedural
steps to protect the confidentiality of SHERIFF's data. These steps may include
physical security measures, access perm1ss10n requirements, cybersecurity
requirements, criminal history background security checks on employees and
contractors with access to systems and data, and geographical location limitations.
All listing of all PROVIDER employees. with job titles. that will have access to the
data/records created or developed as a result of this Agreement shall be provided to
the SHERIFF. who shall have the right to limit data/record access to PROVIDER
employees if necessary. If cloud storage services are provided, PROVIDER shall
provide a Certificate of Proof of Cybersecurity liability insurance issued or approved
by a duly authorized organization with appropriate credentials to verify the technical
and operational capabilities and practices of the cloud provider. PROVIDER shall
provide timely and appropriate documentation that verifies that it currently
maintains Cybersecurity liability insurance in an amount appropriate to the level of
risk associated with managing and supporting the SHERIFF, and agrees that it will
maintain said insurance throughout the course of its Agreement(s) with the
SHERIFF.

18.4

Excepting the THREADS feature, PROVIDER shall not data mine or otherwise
process or analyze SHERIFF'S data for purposes not explicitly authorized in this
agreement. Excepting the THREADS feature, PROVIDER shall not capture,
maintain, scan, index, share with third parties, or conduct any other form of data
analysis or processing of SHERIFF'S data for such purposes as advertising, product
improvement, or other commercial purposes. PROVIDER may process or analyze
data as necessary for troubleshooting, ongoing and routine performance monitoring
to ensure continuity of service, and/ or to project future dynamic provisioning
requirements. PROVIDER may also process information that is made public by the
SHERIFF, either as a matter of policy or as required by law. This agreement takes
precedence over and replaces any generally applicable privacy, data access or use, or

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similar policy of PROVIDER which might otherwise permit data numng for
purposes not explicitly authorized in this agreement.

18.5

Upon termination, cancellation, expiration or other conclusion of this agreement,
PROVIDER shall return SHERIFF's data to the agency within thirty (30) days. Data
shall be returned to SHERIFF in a format commonly used in the industry and
acceptable to SHERIFF. Upon written notice to PROVIDER that SHERIFF has
successfully received their data, PROVIDER must destroy all copies of SHERIFF's
data and provide written confirmation from PROVIDER of this destruction within
thirty (30) days from receipt of notice. PROVIDER shall certify in writing to
SHERIFF that such destruction has been completed.

18.6

PROVIDER must maintain the integrity of SHERIFF's data through physical or
logical separation between any cloud storage and services provided to SHERIFF and
services, if any, provided to other customers. Law enforcement data may not be
commingled with data in the PROVIDER'S consumer cloud services, or modified in
any way that compromises the integrity of the data. PROVIDER must maintain
records of access to SHERIFF's data sufficient to allow the SHERIFF to establish a
clear and precise chain of custody for data of evidentiary value. PROVIDER shall
notify the SHERIFF if and when it changes the physical location in which the data
of evidentiary value is stored.

IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed.

s

PROVIDER

, President

Date:

1 ·i.. - ¥ -

By: Donald F. Eslinger, Sheriff

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Witness

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Witness
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Print Name
Corporate Seal:

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END OF AGREEMENT

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Exhibit A - Inmate Telephone Services Agreement

Commission Rates, Calling rates and Fees/Charges set forth in this attachment are from the Provider's RFP
response (Transmittal Letter dated April 16, 2014).

1. Commission Rate
80.3% base gross commission with no deductions on all local calls, intra-lata calls, inter-lata calls, and
international calls regardless of payment method; collect, pre-paid collect and debit.
Note: there shall be no commissions paid on interstate calls in accordance with FCC mandates and no
commissions paid on coin telephone calls.
Commission Reductions:
(6.5%) - Continuous Voice Verification with Investigator Pro through JLG
(2.5%) - Threads Investigative Data Analytics Software
(1.5%) - Location Based Services

69.8% Gross Commission Rate (after deductions)

2. Calling Rates
Payment Type
Collect

Call Type
Local 15 minute Call
IntraLata Call
InterLata Call
Interstate Call

Calling Rate
$2.75
$2.75
$2.75
$3.75

Per Minute Rate
N/A
$0.30
$0.30
$0.00

Payment Type
Pre-Paid Collect

Call Type
Local 15 minute Call
In traLa ta Call
InterLata Call
Interstate Call

Calling Rate
$2.75
$2.75
$2.75
$3.15

Per Minute Rate
N/A
$0.24
$0.24
$0.00

Payment Type
Debit

Call Type
Local 15 minute Call
IntraLata Call
InterLata Call
Interstate Call
International Call

Calling Rate
$2.75
$2.75
$2.75
$3.15
$5.99

Per Minute Rate
N/A
$0.24
$0.24
$0.00
$0.89

Payment Type
Coin 'felephone

Call Type
Local Call
Long Distance Call

Calling Rate
$0.25 - 15 min. call
$0.50 p/m - 4 minute
min.

Per Minute Rate
$0.25 per 15 minutes
$0.25 per minute

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3. Fees and Charges

Fee Description
Pre-Paid Account Funding Fee - By Internet
Pre-Paid Account Funding Fee - By Telephone
Pre-Paid Account Funding Fee - By IVR
Minimum Account Funding Amount

Amount
$2.99
$2.99
$2.99
$25.00

Applicability
(Payment)

Applicability
(Call Type)

Advance Connect
Advance Connect
Advance Connect
Advance Connect

All
All
All
All

Note: No other fees or charges will be assessed to the end-user/payee with the exception of non-discretionary
(mandated) federal, state or local regulatory fees/ taxes in the minimum amount authorized by law/ regulation
and made payable to a governmental entity.

Changes to any section within this exhibit may only be accomplished by written addendum
to the Agreement.

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Exhibit B - Inmate Telephone Systems Agreement
Additional Information pertaining to products provided to the SHERIFF under the terms of this
Agreement by the Vendor are set forth within this Exhibit.

INVESTIGATOR PRO™
Product Information for Investigator Pro is as described in the Vendor's RFP response submittal
dated April 16, 2014.

THREADSTM
Product Information for Threads is as described in the Vendor's RFP response submittal dated
April 16, 2014 and the following additional information:

DESCRIPTION:
The THREADS™ application allows authorized law enforcement users to analyze corrections and
communications data from multiple sources to generate targeted investigative leads. THREADS™
has three main components: data analysis, data review, and data import. In addition, THREADS™
offers an optional "community" feature, which allows member correctional facilities to access and
analyze corrections communications data from other correctional facilities within the community
and data imported by other community members. Customer's use of THREADS™ is governed by
and conditioned upon the terms set forth herein.
COMMUNITY FEATURE:
Customer has elected to opt in to the community feature. The community feature allows authorized
users access to analyze communications data generated from other corrections facilities within the
community, as well as any data imported or added by other authorized community
members. Customer acknowledges and understands that data from its facility or facilities will be
made available to the community for analysis and review.
TERMS OF USE:
1. Customer will comply with all privacy, consumer protection, marketing, and data security laws
and government guidelines applicable to Customer's access to and use of information obtained in
connection with or through the THREADS™ application.
Customer acknowledges and
understands that the Customer is solely responsible for its compliance with such laws and that
Provider makes no representation or warranty as to the legality of the use of the THREADS™
application or the information obtained in connection therewith. Provider shall have no obligation,
responsibility, or liability for Customer's compliance with any and all laws, regulations, policies, rules
or other requirements applicable to Customer by virtue of its use of the THREADS™ application.
2. Customer acknowledges that the information available through the THREADS™ application
includes personally identifiable information and that it is Customer's obligation to keep all such
accessed information secure. Accordingly, Customer shall (a) restrict access to THREADS™ to

those law enforcement personnel who have a need to know as part of their official duties; (b) ensure
that its employees (i) obtain and/ or use information from the THREADS™ application only for
lawful purposes and (ii) transmit or disclose any such information only as permitted or required by
law; (c) keep all user identification numbers confidential and prohibit the sharing of user
identification numbers; (d) use commercially reasonable efforts to monitor and prevent against
unauthorized access to or use of the THREADS™ application and any information derived
therefrom (whether in electronic form or hard copy); (e) notify Provider promptly of any such
unauthorized access or use that Customer discovers or otherwise becomes aware of; and (f) unless
required by law, purge all information obtained through the THREADS™ application and stored
electronically or on hard copy by Customer within ninety (90) days of initial receipt or upon
expiration of retention period required by law.
3. Customer understands and acknowledges that all information used and obtained in connection
with the THREADS™ application is "AS IS." Customer further understands and acknowledges that
THREADS™ uses data from third-party sources, which may or may not be thorough and/ or
accurate, and that Customer shall not rely on Provider for the accuracy or completeness of
information obtained through the THREADS™ application.
Customer understands and
acknowledges that Customer may be restricted from accessing certain aspects of the THREADS™
application which may be otherwise available.

LOCATION BASED SERVICES
Product Information for Location Based Services is as described in the Vendor's RFP response
submittal dated April 16, 2014 and the following additional information:

DESCRIPTION
Securus' Location Based Services ("LBS") provides Customer with a mobile device user's
approximate geographical location ("Mobile Location Data" or "MLD") by way of (i) information
derived from calls placed on a Securus device by an inmate confined at a Customer Facility and
received by such mobile device user, or (ii) mobile device user information (such as mobile device
number) provided to Securus by Customer. When a mobile device user's prior approval is required
by law for MLD to be provided to Customer, such approval will be obtained in accordance with
wireless carrier-approved disclosure and opt-in processes. LBS will capture approximate latitude
and longitude coordinates of a mobile device user at the times at which the called party accepts the
call, and when the call ends. LBS will display geographical information on a map and will combine
covert alert functionality with approximate geographical coordinates when calls are accepted by the
called party or end, and operate on demand in (near) real time. Customer's use of LBS is governed
by and conditioned upon the terms set forth herein.
TERMS OF USE:
1. Customer will comply with all privacy, consumer protection, marketing, and data security laws
and government guidelines applicable to Customer's access to and use of information obtained in
connection with or through the Location-Based Services application. Provider shall have no
obligation, responsibility, or liability for Customer's compliance with any and all laws, regulations,

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policies, rules or other requirements applicable to Customer by virtue of its use of the LocationBased Services application.
2. Customer acknowledges that the information available through the Location-Based Services
application includes personally identifiable information and that it is Customer's obligation to keep
all such accessed information secure. Accordingly, Customer shall (a) restrict access to LocationBased Services to those law enforcement personnel who have a need to know as part of their official
duties; (b) ensure that its employees (i) obtain and/ or use information from the Location-Based
Services application only for lawful purposes and (ii) transmit or disclose any such information only
as permitted or required by law; (c) keep all user identification numbers confidential and prohibit the
sharing of user identification numbers; (d) use commercially reasonable efforts to monitor and
prevent against unauthorized access to or use of the Location-Based Services application and any
information derived therefrom (whether in electronic form or hard copy); (e) notify Provider
promptly of any such unauthorized access or use that Customer discovers or otherwise becomes
aware of; and (f) unless required by law, purge all information obtained through the Location-Based
Services application and stored electronically or on hard copy by Customer within ninety (90) days
of initial receipt or upon expiration of retention period required by law.
3. Customer understands and acknowledges that all information used and obtained in connection
with the Location-Based Services application is "AS IS." Customer further understands and
acknowledges that Location-Based Services uses data from third-party sources, which may or may
not be thorough and/ or accurate, and that Customer shall not rely on Provider for the accuracy or
completeness of information obtained through the Location-Based Services application. Customer
understands and acknowledges that Customer may be restricted from accessing certain aspects of
the Location-Based Services application which may be otherwise available

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I

EXHIBIT C

SCSO RFP No. 2014-0 l

2.0

Statement of Work
2.1

Background
The Seminole County Sheriffs Office is responsible for the management and operation of several
Seminole County Correctional Facilities, including the John E. Polk Correctional Facility (JEPCF)
and the Seminole County Juvenile Detention Center (JDC). The average daily population
(December 2013) of the JEPCF was 814 inmates. The average daily inmate population for the past
four (4) fiscal years for inmates housed at the John E. Polk Correctional Facility are listed below.
This facility currently has approximately 180 coin less and~ coin operated inmate telephones. The
Sheriffs Office also operates the Juvenile Detention Center (5 coin less lines). The Sheriffs Office
has an obligation to provide inmate telephone services at these facilities. Currently, inmate
telephone services are being provided for by Embarq/Century Link. The current commission rate
paid by Century Link to the Sheriffs Office is 50.0% and the annual revenue commissioned to the
Sheriffs Office over the past several fiscal years is as follows:

Fiscal Year
FY 2009/10
FY 2010/11
FY 2011/12
FY 2012/13

(Oct.
(Oct.
(Oct.
(Oct.

1,
1,
1,
1,

2009 20102011 2012-

Sept.
Sept.
Sept.
Sept.

Revenue
30,
30,
30,
30,

2010)
2011)
2012)
2013)

$463, 141.14
$544,027.15
$554,087.69
$487, 189.97

ADP (Inmate)
873
864
912
795

A chart reflecting minutes and messages details by type of service for the past 12 months is
inclusive as an attachment to this RFP (Attachment "F").
2.2

Purpose
The purpose of this RFP is to establish a thirty-six (36) month contract with up to three (3), one (1)
year extension options with a vendor who shall furnish, install, maintain, and provide training for
inmate telephone services at specified locations to include local, inter-lata, and intra-lata service
for which a commission shall be paid to the Seminole County Sheriffs Office.

It is to be clearly understood that while the Seminole County Sherifrs Office is seeking a

vendor that will provide a generous commission, the Seminole County Sherifrs Office is not
soliciting for a vendor that will increase the present cost of services to coin and coinless
telephone users. An attachment to this RFP details the present rate structure for telephone
services at the John E. Polk Correctional Facility.
2.3

Scope of work - overview
The vendor shall provide all labor, supervision and materials required to install, operate and
maintain all telephonic communications equipment necessary for the operation of coin, credit card
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and collect only telephone stations at no charge to the Sheriffs Office and at locations and in
quantities determined by the Sheriffs Office. The vendor shall pay to the Sheriffs Office
compensation based upon calls placed from the telephone equipment in accordance with the
commission schedule submitted with the proposal.
The vendor shall be responsible for providing all labor required to install telephones, drill holes,
pull cables, etc., but these tasks must be coordinated with the correctional facility maintenance
staff.
In addition to an inmate telephone system, the Sheriffs Office is also exploring the feasibility of
installing a video visitation system at the John E. Polk Correctional Facility to enhance the ability
of inmates to communicate with family and friends. Vendors are encouraged to submit proposals
that incorporate this solution into their proposal and may submit proposals whereby the
commission rate is established for an inmate telephone system with recording and monitoring
equipment as set forth within this proposal and a second proposal that includes a commission rate
based upon both the recording and monitoring equipment specified within this proposal and a
proposed inmate video visitation system. (Reword and move as appropriate)
2.4

Scope of work - general
A. The vendor shall provide both coin and coinless telephones including installation, connection
to owner provide wiring, including instrument programming, setting and testing, miscellaneous
ancillary devices including all related connectors and grounding devices required to assure
complete and fully operational telephone equipment at the locations designated by the Sheriffs
Office. Installation of equipment and commencement of service shall begin as soon as possible
upon execution of a contract.
B. The vendor shall be a full service Inter-Exchange Carrier (IXC), certified at the time of RFP
receipt to operate in Florida by the State of Florida Public Service Commission (FPSC) or may
subcontract for this service. Documentation of certification of either the vendor or
subcontractor is required with the RFP Proposal. Pending applications to the FPSC are
NOT acceptable.
C. The vendor shall provide local, intra-lata, inter-lata, intra-state, inter-state, and international
telephone services for inmates. In order to provide said services, the vendor shall be
responsible for coordinating successful assignment to an inter-exchange carrier (IXC) and shall
be responsible for insuring that the selected IXC complies with all provisions set forth in this
RFP. The IXC shall be responsible for identifying and resolving any interface requirementthat
is necessary to connect and satisfactorily operate with the awarded vendors system.
D. The vendor shall provide and install all telephone instruments and associated equipment at no
charge to the Sheriff.
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E. The vendor shall provide equipment repair and maintenance services at no cost to the Sheriff.
F. The vendor shall provide quality telephone service, quality operator service and emergency
telephone service.
G. The vendor must agree to pay all initial set up charges and any other incurred costs to convert,
acquire or replace the existing equipment and service.
H. The vendor must agree to add, delete, or modify the location of telephones at the request of the
Sheriffs Office at the prevailing commission rate within a reasonable period of time to be
addressed by the vendor in the proposal. The cost of any such additions, deletions, or changes,
including wiring, shall be the sole responsibility of the vendor.

I.

All telephones and other equipment provided and installed must be new or in such condition as
to be acceptable for use by the Sheriffs Office. All telephones and equipment must comply
with all Federal Communications Commission (FCC) and Florida Public Service Commission
(FPSC) regulations relating to telecommunications equipment and transmission. All telephones
and other equipment, exclusive of wiring and conduit, shall remain the exclusive property of
the vendor. The vendor receiving the bid, if different from the Facility's current vendor, may
pursue the option of negotiating with the current vendor for the purchase of currently in place
telephone instruments, to the extent that such telephone instruments are deemed acceptable to
the Sheriffs Office. It shall also be the responsibility of the awarded vendor, if different from
the current vendor, to negotiate with the current vendor for transition of existing telephone
instruments, recording equipment and other such system property owned by the current vendor.

J.

The telephones and other equipment provided by the vendor shall employ protective equipment
on the commercial power supply to protect the inmates and Sheriffs Office personnel against
lightning strikes, and commercial power surges or faults. The vendor shall provide or cause the
current local exchange to provide, protection for all network services connected to the
telephones, which enter or leave the facility. The vendor shall describe within the submitted
proposal, the protective devices and measures that will be employed to ensure both electrical
and circuit protection.

K. The number and location of coin and coinless telephones, based solely upon the existing
inventory, shall be as follows for the purpose of this RFP:
Coinless

Location
John E. Polk Correctional Facility, 211 Bush Blvd. Sanford

180

2

Juvenile Detention Center

5

0

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L. Telephone maintenance personnel shall respond to service outages during normal business
hours under normal circumstances. All vendors shall address their maintenance protocol
within their submitted proposal to include automatic call out for repair or coin collection,
vandalism repair, and cleaning of units.
M. The Sheriff shall not be liable for any loss, damage or destruction of or to any of the
telephones, equipment, or enclosures.
N. All telephone equipment, cabling and wiring shall meet or exceed ALL FCC, FPSC and ANSI
Public Telephone standards, as well as Federal, State and Local laws, regulations, etc., whether
such equipment and supporting materials are of the vendors own manufacture or provided by
sub-contract.
0. All telephone instruments shall be maintained and cleaned on a regular schedule.
P. Any telephone that is damaged or inoperative shall be repaired or replaced within three (3)
business days.
Q. The vendor shall pay all bills associated with the operation of the inmate telephone system
without deductions from the revenue paid to the Sheriff.
R. The vendor shall provide monthly reports to the Sheriff, which include call detail information
in either electronic or paper format.
S. The vendor shall provide twenty-four (24) hour per day, seven (7) day per week, customer
service center to handle customer complaints, customer refunds or assistance to the caller.
T. NO advertising, message or other information, except as required herein, shall be placed on
any telephone or in any telephone enclosure without the prior written approval of the Sheriff.
U. The vendor shall be required to provide formal training on the use and operation of the
monitoring/recording equipment to be placed at the Jail Facility.
V. The vendor shall provide troubleshooting training to the operations and maintenance personnel
of each facility to familiarize them with the potential problems and probable solutions in order
to minimize downtime and prevent unnecessary service calls.
W. An originating grade of service of Erlang (B.O 1) shall be provided by the vendor in all service
areas regardless of the end termination grade of service. During the busy hour, originating
traffic shall not exceed Erlang (B.03).

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X. For coin telephones only - A grade of service of Erlang (B.01) shall be given on all
originating and terminating operator assisted calls. Switch set-up time for calls shall be ten
(10) seconds or less. If the call is not set-up, an automated operator shall intervene within five
(5) seconds or less for a total of fifteen (15) seconds or less for a call set-up and operator
intervention. A live operator shall come on-line within seven (7) seconds or less when a user
dials "00-".
2.5

Scope of work- coin less telephones
A. The telephone instrument shall be surface mounted similar in construction and operating
capabilities of equipment presently installed. The instrument shall be suitable for use in a
correctional facility environment.
B. It shall be the responsibility of the awarded vendor to assume complete responsibility for the
transition of the current telephone system from the current vendor to the new system proposed
by the vendor in this RFP. This responsibility may include the potential acquisition of the
current vendor's telephone equipment if mutually agreeable by both parties and the Sheriffs
Office or the negotiation with the current vendor for removal of the currently in-place
equipment.
C. Installation of all telephones and related equipment shall be accomplished during normal
business hours and in accordance with a schedule approved by the Sheriffs Office.
D. Each telephone receiver must be hearing aid compatible and tamper resistant.
E. TDD devices shall be made available for inmate use that meet the requirements set forth in the
Americans With Disabilities Act, at locations designated by the Sheriff's Office (John E Polk
Correctional Facility has one (1) TDD devices).
F. Each telephone instrument must reset itself for the next call in order to prevent an inmate from
depressing the switch hook to obtain another dial tone.
G. Each telephone must be equipped with a calling instruction plate which shall inform each user
of the telephone that Sheriff's Office personnel may monitor, time, record and restrict service
for such telephones. The calling instruction plate shall further state that information such
as date and time of call, duration of call, and originating and terminating telephone
numbers are monitored, and that use of the telephone constitutes consent to this service.
H. Neither the vendor nor the IXC shall charge or bill for uncompleted calls. Call shall be billed
only from the time the end user answers the call.
I.

Telephone instruments utilized shall have automatic problem reporting capabilities and shall
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SCSO RFP No. 2014-01

provide notification to the vendor as well as to Sheriffs Office personnel that the instrument is
not working properly. The vendor shall notify Sheriffs Office personnel with an estimated
repair time and follow up until such time as service is restored.

J. The vendor shall provide modem on-site call monitoring and recording equipment at each
facility and instruction in its use. The vendor shall describe within the submitted proposal,
the features and capabilities, including the amount in days of data storage, of the call
monitoring/recording system proposed. See also item Q.
K. The vendor shall provide for separate off-site monitoring and recording systems when
necessary for investigative purposes and for other necessary monitoring purposes.

L. The vendor shall provide a means to inhibit any call that could generate a charge to the
telephone or any other Sheriffs Office telephone number.
M. The vendor shall provide a means to inhibit any calls to answering machines, voice mail, or
other automated systems if requested by the Sheriffs Office.
N. The coinless inmate telephones shall be provided with collect and collect person to person
calling only and shall be restricted solely to these types of service. Means shall be employed to
advise the inter-lata and intra-lata party called that the call is a collect call from the Seminole
County Jail along with the name of the inmate calling.
0. The vendor shall provide a system to permit "free" calling to the Seminole County Public
Defenders' Office at no cost to the Sheriffs Office, the Public Defender's Office.
P. The vendor shall provide a system to permit "free" calling to the Federal Public Defenders
Office.
Q. The Vendor shall provide a system to permit "free" calls to the Prison Rape Elimination Act
(PREA) hotline.
R. The Vendor shall provide a system to permit free calling to the Central Florida Crimeline Tips
hotline.
S. The vendor shall provide a system to permit "free" calling to established Seminole County bail
bond companies at no cost to the Sheriffs Office, the Bail Bond Company(s) or the inmate.
Please see Attachment "D" for current list of approved bail bond companies.
T. The vendor shall provide a system to permit "free" visitation phones for use by inmates and
their visitors, said phone system to be connected to the telephone monitoring/recording system.
Currently the Sheriffs Office has thirty four (34) visitation phone booths in the John E. Polk
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SCSO RFP No. 2014-01

Correctional Facility.
U. If an automated operator is provided, the system shall offer fully automated operator services
including collect and collect person to person calling. The system shall have the capability of
giving dialing instructions, error prompts, initial contact with the called party, verification of
call acceptance, and real time announcement of the inmates name.
V. The vendor shall propose a system, which allows for control by Sheriffs Office personnel
through means of an administrative terminal located in John E. Polk Correctional Facility.
Features the Sheriffs Office desires, include, but are not limited to the following:
1. Ability to restrict use of one or more of the telephone instruments in an area or areas
at a set time each day or intermittently during the day.
2. Ability to restrict calls/block access from either a specific telephone or all telephones
comprising the system to specific telephone numbers.
3. Ability to restrict calls to a predetermined time.
4. Ability to obtain via a "search" feature, call detail information for each telephone,
such as date and time of call, number called, duration of call.
5. Ability to monitor calls in progress with no indication to either the telephone user
placing the call or the telephone user receiving the call.
6. Ability to access, display, and print real time and historical detail records.
7. Ability to detect and prevent, if requested by the Sheriff, three way calling.
8. The proposed system must be capable of testing by the Sheriff to verify the accuracy
of the system.
R.

2.6

The vendor may propose the use of a Personal Identification Number (PIN) system
including an on-site administrator who will be responsible for training and management of
the system.

Scope of work - coin telephones
A. The Vendor will provide all services that would be typical to this type of telephone service in a
governmental setting. The vendor shall describe within the submitted proposal, the
features and capabilities of the coin telephones proposed.

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SCSO RFP No. 2014-01

B. All telephones shall be surface mounted, similar in construction and operating characteristics
and capabilities of currently installed equipment.
C. The vendor will be required to assume complete responsibility forthe acquisition or removal of
existing coin telephones at the vendor's expense.
D. All telephones must be equipped with a calling instruction plate.
E. All telephones must be hearing aid compatible and be tamper resistant.
F. The vendor shall provide operator services to all coin telephones.
G. The vendor shall provide, upon request of the Sheriff, detailed calling activity for each coin
telephone
2.7

Inmate Telephone Recording and Monitoring System
The vendor shall provide modern on-site call monitoring and recording equipment for all telephone
systems covered in this scope of services. On-site call monitoring and recording equipment shall be
provided at each facility along with detailed instructions in its use.
The vendor shall be required to provide formal training on the use and operation of the
monitoring/recording equipment to be placed at the Jail Facility.
The vendor shall provide for separate off-site monitoring and recording systems when necessary for
investigative purposes and for other necessary monitoring purposes. This primary offsite location is
the Sheriffs Administration Building located at 100 Bush Boulevard Sanford, FL 32773 (a few
blocks away from the Correctional Facility). Investigators housed at this facility utilize an offsite
recording/monitoring station which has a fiber connection to the Correctional Facility.
In order to ensure that the Inmate Telephone Monitoring and Recording System is protected from
unauthorized use or tampering, the Vendor shall agree to:
A. The Sheriffs Office Site Administrator(s) shall have primary access to the Sheriffs Office
Inmate Telephone System in regards to the functions of monitoring and recording. No
employee of the Vendor or any subcontractor shall have the ability to block or change the
monitoring and recording features of the Sheriffs Office Inmate Telephone System without the
written authorization of the Sheriffs Office Site Administrator(s), which shall not be unduly
with-held.
B. The Vendor shall ensure the system has an un-erasable audit trail available to the Sheriffs
representative to ensure any unauthorized monitoring, recording or tampering with the systems
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SCSO RFP No. 2014-01

administrative controls is captured.
C. The Vendor shall assist the Sheriffs Office Site Administrator(s) with the training necessary to
configure the Enforcer System's main screen and screens made available for use by those
personnel designated by the Sheriffs Office Site Administrator and/or to make said changes on
behalf of the Sheriffs Office Site Administrator when such situations are requested.
D. The Vendor shall provide the Sheriffs office with a list of Vendor personnel, including any
subcontractor personnel, who will have access to the Inmate Telephone System as well as the
desired level of access for each user. The Sheriffs Office will provide written authorization
for all users employed by the Vendor or a subcontractor, with authorization not to be unduly
with-held.
E. The Vendor shall provide the Sheriffs Office with all retention policies, security policies and
procedures for discovery notification.
F. The Vendor shall work with the Sheriffs Office to create regular reporting of user access into
the Inmate Telephone System. Such reports will be of format and frequency mutually agreed
upon by the Vendor and Sheriffs Office.
G. The Vendor shall provide Seminole County Sheriffs Office Personnel unlimited user access
licenses to all recordings at no additional cost, licenses may be used by other agencies as
deemed appropriate by the Sheriffs Office.
H. The Vendor's monitoring and recording system shall include the ability to track anytime the
system is used by any individual. This tracking feature shall keep a detailed log of what tasks
were completed by said individual.

I.

The Vendor shall provide details of any required or proposed software or data exchange
interfaces to the Sheriffs Office jail management system. Seminole County Sheriffs Office
Information Technologies can provide information as requested for thr Agency's jail
management system upon request.

The vendor shall describe within the submitted proposal, the features and capabilities, including the
amount in days of data storage, of the call monitoring/recording system proposed.

2.8 Video Visitation System (Alternate)
The Sheriffs Office is seeking vendor solutions for providing a video visitation system for use by
inmates incarcerated in the John E. Polk Correctional Facility. This proposal is listed as an
alternate in the vendors bid submittal and is to be considered in addition to the services listed
in Section 2.0 "Statement of Work". The Sheriffs Office is seeking innovative solutions to
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SCSO RFP No. 2014-01

providing this service to inmates and will provide additional information at the mandatory pre-bid
meeting. Vendors desiring to submit proposals that include a video visitation component must
identify the commission schedule associated with providing this equipment in addition to recording
and monitoring equipment specified within this proposal (Tab 5.2.3) and a listing of all proposed
video visitation equipment (Tab 5 .2.10)

End of Section 2

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