Prison Phone Justice

Page 1of1

Wade, Jana
From:

Robinson, Noah

Sent:

Tuesday, March 27, 2018 9:32 AM

To:

'50845-09149013@requests.muckrock.com'

Cc:

\/Vade, Jana

Subject:

Vanderburgh County Sheriffs Office

Attachments: FINAL SIGNED CONTRACT for 2015.pdf; 1stAmmendVCSOTelmate.pdf; Request.pdf

Augie,
I've attached the documents you requested pursuant to a request received by this office on
March 19, 2018.
Thank you,

4/4/2018

MuckRock News
DEPT MR 50845
41 lA Highland Ave
Somerville, MA 02144-2516
50845-09149013@requests.muckrock.com

Vanderburgh County Sheriff
APRAOffice
3500 N. Harlan Ave.
Evansville, IN 47711
March 15, 2018
To Whom It May Concern:
Pursuant to the Indiana Access to Public Records Act, I hereby request the following records:
A copy of the current contract between the County and the current vendor for inmate communication
services at the County Correctional I Detention Facility. This may encompass telecommunication, kiosk,
and mobile tablet services. I am requesting that the information provided contain the term and expiration
date of the current contract (including any optional contract extensions), as well as the current
telecommunications provider and the services currently being provided pursuant to the agreement.
The requested documents will be made available to the general public, and this request is not being made
for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance
of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or
CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your
response to this request within 7 business days, as the statute requires.
Sincerely,
Augie Torres
Filed via MuckRock.com
E-mail (Preferred): 50845-09149013@requests.muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 50845
41 lA Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock

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MEMORANDUM OF UNDERSTANDING
WHEREAS: The Sheriff of Vanderburgh is responsible for safety, security and daily
operations of the Vanderburgh County Jail; and
WHEREAS: The Board of County Commissioners of the County of Vanderburgh is
responsible for the building and maintenance of the Vanderburgh County Jail; and

WHEREAS: The Sheriff ofVanderburgh Collllty and the Board of County
Commissioners have been offered to rent conduit, dark fiber. electrical cabling and space
on 1he wall space at the Vanderburgh County Jail located at 3500 North Harlan Avenue,
Evansville, IN 47711.

IT IS THEREFORE MUTUALLY UNDERSTOOD AS FOLLOWS;
l. That the Sheriff of Vanderburgh County and the Board of County Commissioners

of the County of Vanderburgh shall hereafter be referred to as "Rentee".
2. That Telmate, LLC shall hereafter be referred to as "Renter".
3. That Rentee has offered to rent conduit, dark fiber, electrical cabling and space on
the wall at Rentee's facility located at 3500 North Harlan Avenue, Evansville, IN
47711, commonly referred to as Vanderburgh County Jail until December 31,
2018.
4. That Renter will provide to Rentee the amount of$2,700 per month in exchange
for the rental of conduit, dark fiber. electrical cabling and space on the wall space

solely in conjunction with providing the services of Inmate Tablets and Video
Visitatio11 to the Vanderburgh County Jail. This rental agreementshall terminate
on earlier of December 31, 2018, or the date of earlier tennination (for whatever
reason) of the Inmate Tablet and Video Visitation services provided by Renter to
the Vanderburgh County Jail. The rental payment shall be payable by the 30th
day of each month for the preceding months1 rental.
5. Renter shall be responsible for the payment of any and all damages and related
repairs to the Rentee's Jail facility, including the cablin~ wiring, and conduit. in
connection with the Renter's installation and/or removal of the Inmate Tablet and
Video Visitation System.
6. This rental agreement shall be governed by the laws of the State of Indiana and
funds shall be administered in full compliance with all existing laws. In the event

that any applicable law or regulation shall require modification of the rental
agreement, the parties shall comply forthwith.

DATED THIS
TELMATE, LLC
OFFICE
(Renter)

h ",. .J

,_-

DAYOF~2015.
VANDERBURGH COUNTY SHERIFF'S

(~!/I//{/

By~---+_,i.:.,,...:;...--"'-----Name: fie~rlil\.
[/:11-t; (

Title:
Date:

~,- <~.) <"11 L
~

L-z_ /

/ g--

BOARD OF COUNTY COMMISSIONERS
(Co-Rentee)

Commissioner
By: _ _ _ _ _ _ _ _ _ _~

Commissioner
By; _ _ _ _ _ _ _ _ _ __

Commissioner

AGREEMENT FOR INMATE TELEPHONE SERVICE SYSTEM
VANDERBURGH COUNTY SHERIFF'S OFFICE

This Agreement for Inmate Telephone Service System ("Agreement'') is entered into on this __ day of
_ _ _ 2015, between the Vanderburgh County Sheriff's Office ("Clienf') locat.ed at 3500 North
Harlan Avenue, Evansville, IN 47711 and Telmate LLC, ("Provider") with a principal place of business.
at 655 Montgomery St. l Slh Floor, San Francisco, CA 94107, and shall begin on the last date of party
signature ("Commencement Date").
1. Scope.

L1 Client herby authorizes the Provider to install. maintain, operate, and derive revenue from
telephones, communication equipment and software controlling all inmate calls and electronic
telecommunication, and to provide local, intra LATA, inter LATA, InterState, and lntraState telephone
services from inmate telephones at Client's designated facility located at 3500 North Harlan Avenue,
Evansville, IN 47711, commonly referred to as Vanderburgh County Jail.
l.2 Such telephones, equipment. tablets, software and services make up the inmate telephone service
system and are referred to in this Agreement as the "System." During the term of this Agreement and
subject to the remaining terms and conditions of this Agreement, Provider shall be the sole and exclusive

provider of inmate re'lated communications at the facilities in lieu of any other third party providing such
inmate communications, including voice, and inmate voicemail.
2. Term.
2.1

The term of this Agreement shalt begin on the Commencement Date and tenninate on December

31 51 , 2018.

2.2 Notwithstanding Section 2.1 above, Client may tenninate this Agreement with or without cause by
providing Provider with written notice of tennination thirty (30) days in advance. Provider reserves the
right to renegotiate or terminate this Agreement upon one hundred eighty ( 180) days prior written notice
if the Agreement becomes unprofitable for Provider, however, Provider shall not unreasonably exercise
such right

2.3 Should a Federal, State or County regulatory body order a reduction or increase in call rates, the
parties agree to negotiate a new c0mmission rate for the Agreement within sixty (60) days of the rate
change. The current rate of commission shall remain in effect until a new commission rate is mutually
agreed upon. Should such commission rate change occur, any previously paid commissions, bonus or
other payments will not be returned to Provider.

3. Provider's Product and Services
3.1
Provider shall install, at its sole cost and expense, telephones, equipment, and software as required
for the provisioning of the inmate telephone service system. Provider shall also install, at its sole cost and
expense. all industry standard upgrades and/or improvements, of telephones, equipment, and software as
for the provisioning of the inmate telephone service system within seventy six (76) consecutive calendar
days of such date generally made .available. For upgrades that are limited release, require additional
hardware assoeiated with the new feature, contain features offering new functionality or for third-party
applications or platforms that are made available by the Provider, these will be made available to Client at
no charge to Client. Provider shall complete the installation of the equipment listed in Schedule A within
seventy six consecutive calendar (76) days of the Commencement Date. Failure to complete installation
with in this time will subject the Provider to a fine in the amount of sa.ooo per day until installation is
completed, provided the delay is a result of the Provider's actions.
l

...... ······ ...

·-·------------- -----

3.2 Provider shall maintain the System in good condition at all times. All maintenance or repair work.
whether performed remotely or on site, shall be exclusively performed by Provider in such a manner to

minimize the disruption of the inmate telephone service system. Provider will repair and maintain its
equipment In good operating condition and shall exclusively maintain its equipment in such condition by
furnishing all necessary parts and labor reasonably necessary for the successful operation of the
equipment. Provider wi11 request. and mutual agreement is required to open, adjust, remove, disconnect.
repair, replace, or alter the equipment. Client shall pennit employees or contractors of Provider
reasonable access in order to provide such service, repair, and maintenance on equipment. Client shall not
pennit anyone other than the employees and contractors of Provider tn open. adjust, remove, disconnect,
repair, replace, or alter the equipment. Client shall notify Provider of any misuse, destruction, damage, or
vandalism to the equipment as soon as practicable. Client shall eicercise reasonable care to prevent
damage or destruction of Provider's equipment. Only during the tenn of the Agreement, and barring any
unforeseen breach of the Agreement by Provider, Provider may not remove the Equipment without
written mutual consent.
3.3 Provider shall supply and maintain the Telmate equipment listed in Exhibit A below ("Equipment")
and will supply and maintain additional equipment above these quantities upon mutual agreement of both
parties. The Provider Equipment as stated above may be modified according to Provider's
recommendation after the conclusion of a Site Survey so long as agreed upon by both parties. Site Survey
shall mean a physical visit by trained Provider technicians to a potential installation site to determine the
appropriateness and suitability of a specific location that would potentially be used for hardware
installation.

4. System Features and Services.
4. t The System will provide an automatic "on/off'' feature. The System will have the capability of being
monitored for on-line diagnostics and troubleshooting.
4.2 The System wil1 provide for detailed call records that will be retained by the Provider for the full
tenn of this Agreement, and Provider shall train Client1s designated personnel to retrieve detailed call
records.
4.3 Call recordings shall be stored during the tenn of the Agreement (e.g. life of contract) and all
extensions and shall be available to the Client by the current access for two (2) years ti'om the expiration
or termination of service, or from the date the System is upgraded or changed to another platfonn. Upon
the tennination of the contract the call recordings shall be transfe1Ted to a mutually agr~ upon storage
media such as CD-Rom/DVD/External hard drive.
4.4 Provider shall comply with the variable rates and fees guideline for inmate telephone services set
forth in Exhibit A attached hereto, and specifically incorporated herein.
4.5 In order for Provider to provide inmate phone prepaid sales., Provider must have a real-time prepaid
sales integration, which requires (a) a i'eal~time integration with the inmate accounting
vendor/commissary; and (b) the areounting vendor proeessing real-time inmate prepaid sales.
Provider will provide a detailed 'Inmate Prepaid Sales Report' via email for each calendar month on a
monthly basis. Provider will deduct the monthly inmate prepaid sales from the monthly commission
check. Provider reserves the right to invoice weekly should the sales volume be high.

4.6 Provider will provide real-time inmate accounting. Provider wilt send an ACH transfer to Client for
Trust and other services' deposits twice each month. Payments will be made within five (5) business
days after the reporting period. Reporting periods are from the l st to 15th of each month. and the 16th to
the end of each month. Provider will provide an electronic rep011 of Trust and other services' deposits
monthly with transfer.

2

4.7 The Provider shall maintain manual cutoff switches.
5, Property Rights and Confidentiality.
Software License. Provider grants Client a personal, non-exclusive, nontransferable license
(without right to sublicense) to access and use certain proprietary computer software products and

5. l

materials in connection with the service system features (the "Software"). The Software includes any
upgrades, modifications, updates, and additions to existing features that Provider implements in its
discretion (the "Updates''). Updates do not include additional features and significant enhancements to
existing features. The Client is the license holder of any third party software products the Provider
obtains on the Client's behalf. The Client authorizes the Provider to provide or pre-install the third party
software and agree that Provider may agree to, upon obtaining the Client's advance written consent, the
third party End User License Agreements on the Client's ·behalf. Client's rights to use any third-party
software product that Provider provides shall be limited by the terms of the underlying license that
Provider obtained for such product. Provider shall promptly provide to Client a copy of all license
agreements that it enters into on the Client's behatf. The Software is to be used solely for Client's
internal business purposes in connection with the System at the facilities. Client will not (i) permit any
parent, subsidiary. affiliated entity, or third party use of the Software, (ii) assign, sublicense, lease,
encumber, or otherwise transfer or attempt to transfer the Software or any portion thereof, (iii) process
or pennit to be processed any data of any other party with the Software, (iv) alter, maintain, enhance,
disassemble., decompile, reverse engineer or otherwise modify the Software or allow any third party to
do so, (v) connect the. Software to any products that Provider did not furnish or approve in writing, or
(vi) ship, transfer, or ex.port the Software into any country, or use the Software in any manner prohibited
by the export laws of the United States. Provider is not Hable with regard to any Software that Client

may use in a prohibited manner.
5.2 Ownership and Use. Tiw System, and related records, data, and information, except as otherwise
provided in paragraph 13 .1 of this Agreement, shall at all times remain Providets sole and exclusive
property unless prohibited by law, in which event, Provider shall have the unlimited right to use such
rec.ords, data, and information for investigative and law enforcement purposes. However, during the
tenn of this Agreement and for at least two (2) yea.rs thereafter, Provider shall provide Client with
reasonable access to the records. Provider (or its licensors, if any) have and will retain all right, title,
interest, and ownership in and to (i) all Provider equipment, (ii) the Software and any copies, custom
versions, modifications, or updates of the Software, (ii) related to its System, and any other products
and services (the "Materialsn). The Materials constitute proprietary information and trade secrets of
Provider and its licensors, whether or not any portion thereof is or may be the subject of a valid
copyright or patent.
5.3 Provider's propriety System, Software, training materials and other Materials are confidential
information of Provider. Client will use the same prudent care to safeguard the Provider's confidential
information and will not use the Provider's confidential information for purposes other than those
necessary to further the purposes of this Agreement.
5.4 Client will instruct its employees of the confidentiality restrictions set forth herein. Client will not
disclose to third persons the confidential information without prior written consent of Provider; unless
required under applicable law, rule or regulation, or pursuant to the order of any court or governmental
entity or legal process of any governmental entity.
6. Call Duration.

6.1 At the commencement of this Agreement there is call duration limit of 15 minutes. The System shall
have the capability to automatically limit call duration. The Client has the right to institute a change on
call duration in the future with written notification to Provider.

3

6.2 Provider shall facilitate that each time an inmate calls a new phone nwnber not yet in the
Provider syste~ the inmate is provided a one ( l) minute call to facilitate a request by inmate to the
called party for payment of the cal I. After tennination of the call, the called party is provided an
opportunity to connect with a Jive operator with credit card information to continue the can.
7. Use of Space; Right of Access.

7 .1 Client shall make available to Provider sufficient space within the facilities for the System and to
allow for Provider's performance of services required herein. The space should have appropriate heating,
ventilation and air conditioning for the System. Prior to installation Provider shall inform Client of
specifications for such facilities and for the heating, ventilation and air conditioning.
7.2 Client shall tefford Provider's personnel or contractors' access to the System in order to perform
services described herein. Reasonable security during access will be provided by CJient. Client reserves
the right to conduct background checks on Provider's personnel or contractors and deny access at Client's
sole discretion to Client's facilities if a background check, in the client's sole opinion, is failed. Provider
shall thereupon obtain substitute personnel or contractors that will pass a background check to perfonn
the required service.
8. Commissions.

8.1 Provider shall pay Client a commission ("Commission") of forty three and one half percent
(43.5%) of Gross Revenues for local, intra LATA, inter LATA~ lntraState and international completed
collect. debit and inmate prepaid telephone calls. "Gross Revenues" means aU chazges billed by Provider
relating to calls placed from the Facilities. Gross Revenue excludes Taxes, Government Imposed Fees or
Charges, and any applicable Billing or Security Fees. Gross Revenue may be verified by the detailed call
records maintained by Provider without any deduction or credit for bad debt or for hilted calls that for any
reason are not collected. Regulatory requirements and other items such as federal, state, and local
charges, taxes., and fees, including transaction funding fees. credits. and billing recovery fees are
excluded from Gross Revenue. Additionally, Provider shaU pay Client a commission of twenty five
percent (25%) of Gross Revenue resulting from all inmates' use of Provider's Tablets provided to Client.
8.2 Provider shaU pay the Vanderburgh County Sheriff's Department, Technology and Equipment Fund
a monthly technology grant in the amount of fourteen thousand dollars ($14,000).
8.3 Commission report shall accompany each commission payment as described in 8.4.
8.4 Commission payments shall be payable by the 30th day of each month ("Payment Date..) for the
preceding months' call volume and shall be made payable to:

Vanderburgh County
3500 North Harlan
Avenue. Evansville. IN
47711
9. Additional Items. No additional items.
10. Trost Fund Deposit

I0.1 During the Tenn of this Agreement, Client grants to Provider the exclusive right and license to
provide and derive revenue from trust fund deposits. Standard fees apply when this solution is provided
to the Facility as set forth is Schedule A.

4

11. Call Rates:

I I. l Cost of calls (call rates} shall be implemented as set forth in Exhibit A. Call rates cannot be
changed except by mutual agreement between both Parties.
12. Notices.

I2.1 Unless otherwise provided herein, all notices and communications coooeming this Agreement
shall be in writing and addressed to CHent at the address in Section 8.4 above and to Provider as
follows:
Telmate LLC
General Counsel
655 Montgomery St. 18th
Floor San Francisco, CA
941t1

Or to such other address as either Party may designate from time to time in writing to the other
Party.
I2.2 Unless otherwise provided herein, notices and communications shall be sent by (i) hand
delivery, (ii) registered or certified U.S. mail, (iii) commercial courier delivery service, or (iv) upon
receipt at the address for notice specified above when hand delivered, {v) when delivered after
being sent by courier delivery service, or (vi) five (S) days after deposit in the mail when sent by
registered or certified U.S. mail.
13. Indemnifiation.
13.1 To the fullest extent allowed by appl !cable law but subject to the Iimitations in this Agreement. each
party (the "Indemnifying Party") shall, and does hereby agree to, defend. indemnify and ho]d harmless
the other party (the "Indemnified Party'') from and against any loss, cost. claim, liability, damage, and
expense (including, without limitation, reasonable attorney's fees and expenses) brought or claimed by
third parties or by the Indemnified Party (collectively "Claims") arising out of (i) a breach of either
party's representations, warranties and/or covenants contained herein or (ii) the gross negligence or
willful misconduct of, or intellectual property infringement or alleged intellectual property infringement
by, the Indemnifying Party and/or its employees, agents, or contractors in the performance of this
Agreement. The indemnified Party shall notify the Indemnifying Party promptly in writing of any
Claims for which the Indemnified Party alleges that the Indemnifying Party is responsible under this
section and the lndemnifying Party shall hereupon tender the defense of such Claims to the Indemnified
Party. The Indemnified Party shall cooperate in every reasonable manner with the defense or settlement
of such Claims at the Indemnifying Partyts expense. The Indemnifying party shall not be liable under this
section for settlements of Claims finalized solely by the Indemnified Party unless the Indemnifying Party
has approved such settlement in advance or unless the defense of such Claims has been tendered to the
Indemnifying Party in writing and the Indemnifying Party has failed to promptly undertake the defense.
The parties understand and agree tha1 each one is subject to federal, state, and local laws and regulations,
and each party bears the burden of its. own compliance. Provider and Client realize and agree that the
Provider equipment may allow Client to monitor, eavesdrop, and/or otherwise record inmate's use of the
Provider equipment. Client understands and agrees that Provider has made no warranties, express or
implied, as to the legality of such monitoring and/or eavesdropping, and will indemnify and hold
harmless Provider from and against any claims, damages., loss or injury associated with Client or Clients
agent's monitoring, eavesdropping or otherwise recording such use.

14. Legality Limited License Agreement.

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14.l For services related to the System, which may allow Client to monitor &nd record inmate or
other administrative telephone calls, and by providing the System, Provider makes no representation
or warranty as to the legality of recording or monitoring inmate. or administrative telephone calls.
Further, Client retains custody and ownership of aH recordings, however Client grants Provider a
petpetual limited license to compile, store, and access recordings for purposes of (i) complying with
requests of officials at the Facility, (ii) disclosing information to requesting law enforcement and
correctional officials as they may require for investigative, penal or public safety purposes, (iii)
perfonning billing and collection functions, or (iv) maintaining equipment and quality control
purposes. This Ucense does not apply to recordings of inmate calls with their attorneys or to
recordings protected from disclosure by other applicable privileges.
15. General.

15.1 This Agreement shall be interpreted construed and enforced pursuant to the laws or the State of
Indiana. No waiver by either party of any event of default under this Agreement shall operate as a waiver
of any subsequent default under the terms of this Agreement. If any term, covenant or condition
contained herein shall be invalid or unenforceable to any ex.tent and in any respect under any laws
governing this Agreement, the remainder of this Agreement shall not be affected thereby, and each term.
covenant or condition of this Agreement shall be valid and enforceable to the fullest extent pemtitted by
applicable law. This Agreement shaU not be binding upon either Party until accepted in writing by an
authorized represen1ative of Provider as indicated by the signature below. This Agreement may not
be assigned or transferred to any other person or entity without the prior written mutual agreement of
the Parties. Notwithstanding the above, Provider may assign this Agreement upon mutual written
agreement of Client to any person acquiring all or substantially all of its assets or to any person-or entity
with or into which Provider merges; provided, however, that in any such case, all terms and conditions
hereof will be binding upon and inure to the assignee or merged surviving entity as though such entity
was an original party to this Agreement. Provider and Client each shall comply, at its own expense. with
all applicable Laws and regulations in the performance of their respective obligations under thls
Agreement and otherwise in their operations. Nothing in this Agreement shall be deemed or construed
by the parties or any other entity to create an agency, partnership, or joint venture between CJ lent and
Provider.

1,. Force Majeure.
16. l Neither Party will be liable to the other for delays or inability to perfonn their obligations if
such failure results from a Force Majeure event, which will include any acts of God, acts of
government, acts of terrorism, riots, wars, strikes, fires, weather, delays in transportation, shortages
of materials, the unavailability of equipment or other matters beyond the reasonable control of the
Party. Any such Force Majeure event will ex.tend the time for such perfonnairee .for a period equal
to the period of delay; provided however, that the Party whose performance is prevented or delayed
by such Force Majeurc will take all reasonable steps to avoid or remove such causes of
nonperformance and will continue its perfonnance whenever, and to the extent such causes are
removed.
17. System Problem Notification.

17. l Client shall have the capability to report problems with the System via a toll free number
twenty-four (24) hours a day, seven (7) days a week, three-hundred sixty-five (365) days a year.
Upon the reporting of a problem by the Client to the Provider, the Provider shall repair the problem
pursuant to the Repair Procedures as set forth in Exhjbit B attached. hereto, and specifically
incorporated herein.

18. Entire Agreement. Amendments.

18.1 This Agreement represents the entire Agreement between the Parties with respect to the matters
6

addressed herein and supersedes all prior negotiations. representations or agreements between the
Parties, when written or oral, on the subjea matter hereof. This Agreement may not be amended,
modified, altered, or rescinded except upon a written inStrument designated as an amendment to this
agreement and executed by all Parties hereto.

19. Exhibits:
This Agreement includes Exhibits attached hereto as indicaied below.
Exhibit A, Rates, Fees and
Equipment
Exhibit B. Repair Procedures

7

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
representatives.

TELMATE, LLC

BOARD OF COUNTY COMMISSIONERS
By:
Commissioner

Commissioner
By:~~~~~~~~~~~~

Commissioner

8

Exhibit A
Rates and Fees
Inmate Telephone Call Rates:

Local

$0.00

$0.24

$0.00

$0.21

$0.00

$0.21

lntralata

$0.00

$0.24

$0.00

$0.21

$0.00

$0.21

Intrastate

$0.00

$0.24

$0.00

$0.21

$0.00

$0.21

Interstate

$0.00

$0.24

$0.00

$0.21

$0.00

$0.21

*Call Rates shown do not include a pass through of Local, County, State and Federal Taxe~ and
mandated Universal Service Fund Fees

** AH calls made from booking phones are free of charge
Tablet Rate: $0.05 per minute

EQUIPMENT
The number of Telmate Equipment as stated below may be modified by mutual agreement according to
Telmate's recommendation after a Site Survey conducted by TeJmate after the execution of this Agreement.
Site Survey and Site Review shall mean a physical visit by trained Telmate technicians to a potential
installation site to determine the appropriateness and suitability of a specific location that would potentially be
used for hardware installation. As a minimum requirement, potential installation site must have inmate
occupational units with an average of at least twenty (20) inmates per inmate occupational unit.

2 lobby kiosk( s)
68 inmate phones(s)
56 tablet(s)

4 Portable Hand Held Phones
28 Inmate Video Visitation Stations
4 Lobby Video Visitation Stations
3 ATA Units

Telmate shall provide, at no cost to Customer a Debit Release Refund with dedicated pin to mirror current
process in place.

No additional products or features can be added or removed without mutual agreement.

** Telmate shall provide~ at no cost to Customer, a fully operational interface between the JMS and the provider
of commissary services for the facility.

9

DEPOSIT FEES
Fee
Cash Deposit via Kiosk

$3 per$) ()()/transaction

Description

Credit Deposit via Kiosk•

$0.01-$300.00 ($3.95)

Operator-Assisted Deposit*

$0.01-$300.00 ($8.95)

Automated Toll-Free or lntemet Deposit*

$0.01-$300.00 ($7.95)

Trust Transfer Fee

NO CHARGE

Bill Statement Fee

$'2A9

Regulatory Administrative Fee

Wireless/VoIP Administrative Fee
Taxes & Other Regulatory Requirements

FUSF Fee

$0.99 per month per billed number, all aill jurisdiction
types
$1.99 per month

Applicable Stare and Federal Taxes, ~to change.
Applicable
According to variable~ applicable fue.

State USF Fee

QuickConnect Fee Per Call

ti.95 credit card+ $2.00 connection (Called ?DiY am
also choose 1o set up an account with more fiworable
fees)

VoiceMail Fee Per Call

Telmate Verified

* For Deposits over $300.00 -

$1.25

s1 .oo (~ by Tehmrte to mends and family for
an optional service to verify the identity of fiiends and
family/depositors to the inmate axount, one time per
person that ~ identified). This feature can re turned
off, but it has a value m we truly verify the identify' c1
the friends and family, vs. a telephone number.

.

An Additional fee of $7 .95 will be charged for every $100.00 deposit

over $300.00.

10

TRUST DEPOSIT FEES
Credit Deposit via Kiosk•

$3 per $1 00/ttansaction
$0.0 l-.$300.00 ($7.95)

Operator-Assisted Deposit*

$0.01 ~$300.00 ($8.95)

Automated ToH-Free or Internet Deposit*

$0.01-$300.00 ~.95)

Cash via Kiosk

NO CHARGE
Trust Transfer
* For Deposits over $300.00-An Additional fee of $7 .95 will be charged for every $100.00 deposit
over $300.00.

VIDEO VISITATION PRICING
Pricing for Videc Visitation and Related Services

Number of Free Local On-Site Only Visits Per
Week
Length of Free Visit Session (minutes)
Extended Local Visit Price
Remote Visit Price

Two (2)
30
$0.25 oer Minute

$0.33 per Minute

11

Exhibit B
Repair Procedures

Priority Classifications
The following classifications apply once a trouble report is issued and received by Provider.
Priority One condition occurs when 50"/o of any single cell block's inmate telephones,

tablets and/or VideoVisitation are nonfunctioning.
Priority One condition occurs when any monitoring/taping function is not fully operation.
Priority One condition shall have a four (4) hour response time to work on remotely and to

have a technician on site if needed.
Priority Two condition occurs when system outage is less than 5Qll/o but impacts at lea$! 1Ot/o

of the phones.

Priority Two condition occurs when any other system event not a priority one condition
occurs that adversely affects the operation of the system or any component thereof.
Priority Two condition shall have a twenty-four (24) hour response and all due diligence
shall be used to repair the problem as soon as possible.
Any single phone/Video Visitation outage shall have a twenty- four (24) response time to
and all due diligence shall be used to repair the problem as soon as possible.

Failure to Comply
Failure to comply with the above stated Repair Procedures will result in a liquidated
damage of $100.00 billed to the Provider for failure to meet the response time per
report. This fine shall be paid to the client no later than 60 days from receipt of invoice
from the Client. Client reserves the right not to bill the Provider. Liquidated
damages will not be applicable if non- compliance is at the request of Client. Nothing
herein will prohibit the Client from seeking all otller remedies available to Oient in law
and/or equity if the Provider fails to meet the response time(s) set forth herein.

12

First Amendment to
Agreement for Inmate Telephone Services System
Between
Telmate LLC and Vanderburgh County
TIDS FIRST AMENDMENT (hereinafter "Amendment") is made and entered into on May
2016 ("Effective Date") by and between Vanderburgh County Sheriff's Office
("Customer"), with a business address at 3500 North Harlan Avenue, Evansville, Indiana 47711,
and Telmate LLC. ("Telmate"), with its principal place of business at 655 Montgomery Street
18th Floor, San Francisco, California 94111. Customer and Telmate may herein be collectively
referred to as the "Parties" or individually as a "Party."

-9.±4-·

Recitals

Whereas, Customer and Telmate entered into an Agreement for Inmate Telephone Services
System dated September 15, 2015 ("Agreement"), whereby Telmate was obligated to perform
certain inmate telephone services at Customer's Facility(s);
Whereas, Customer and Telmate entered into a Memorandum of Understanding on September 1,
2015 ("MOU"), whereby Customer agreed to allow Telmate to rent out wall space and wiring
within Customer's facility(s);

. Whereas, the Parties wish to further modify certain terms in the Agreement and MOU following
recent changes imposed by the Federal Communications Commission ("FCC"), and to continue
the remaining terms in full force and effect.

Now therefore, intending to be bound, the Parties hereto agree as follows:
1. Section 8 of the Agreement, "Commissions," is hereby deleted in its entirety, retitled as
"Facility Support Fees and Payments," and replaced with the following:
a

Facility Support Fees. On or before June 20, 2016, Telmate will implement a
system to collect a facility support fee of six cents ($0.06) per minute on specific
telephony calls serviced by Telmate. The facility support fee will be added on a
per minute basis for Local, IntraLATA, InterLATA, and other applicable call
types designated by Telmate. Additionally, the Facility Support Fee shall be
added to each voicemail call. Such facility support fees will be collected by
Telmate and remitted to Customer without deductions.

b. Technology Grant. In addition to the Facility Support Fee, Telmate shall provide
the Vanderburgh County Sheriff's Department, Technology and Equipment Fund
a monthly technology grant in the amount of fourteen thousand dollars ($14,000).
A data report shall accompany each monthly grant payment. The payment shall be
payable on the 30th of each month ("Payment Date") for the preceding month's
data volume and shall be made payable to Vanderburgh County 3500 North
Harlan Avenue, Evansville, Indiana 47711.

1

c. Non-Video Visitation Inmate Tablet Use. Telmate will provide Customer a
monthly payment equal to twenty-five percent (25%) of Telmate's the gross
revenue derived from its exclusive non-video visitation Tablet and messaging
services, contingent upon a minimum of eighty percent (80%) of Customer's
inmates having reasonable access to the Tablets.
d. Upon ten (10) days from the receipt of notice from Tel.mate to Customer, any or
all facility support fees or payments under this section may be modified or
terminated by mutual agreement ifTelmate determines such fees or payments are
impermissible under federal, state or local laws.
2. The Calling Rates chart under the Inmate Telephone Call Rates section in Exhibit A of
the Agreement, "Rates and Fees," is hereby deleted in its entirety and replaced with the
following:

i. The call rate for all Non-Interstate Prepaid Calls will be $0.18 per minute.
11. The call rate for all Non-Interstate Collect Calls will be $0.18 per minute.
iii. The call rate for Interstate Prepaid Calls will be $0.21 per minute.
iv. The call rate for Interstate Collect Calls will be $0.25 per minute.
v. The call rate for International Call will be $0.75 per minute.

3. The Deposit Fees chart in Exhibit A of the Agreement, "Rates and Fees" is hereby
deleted in its entirety and replaced with the following:
1. The fees for Cash Prepaid Deposit via Kiosk will be $3.00 per transaction.
ii. The fees for Credit Prepaid Deposit via Kiosk will be $3.00 per transaction.
iii. The fees for Live Operator Assisted Prepaid Deposits will be $5.95 per
transaction.
1v. The fees for Automated Toll Free Prepaid Deposits will be $3.00 per transaction.
v. The fees for Paper Billing will be $2.00 per transaction.
vi. The fees for Quick Connect Call will be $7.95 fee+ $2.00 connection charge per
call.
vii. The fee per Voicemail will be $1.25 per call.
4. Positive Call Acceptance. Recipients of telephonic calls from Customer facility(s)
utilizing Telmate's VoIP platform will be given the opportunity to individually accept the
telephonic call, or in combination, the telephonic call and subsequent communications.
5. Length of Call. Telmate will determine all maximum call lengths at Customer's
facility(s), by mutual agreement with the customer.
6. Regulatory Changes. The Parties acknowledge that the terms of the Agreement are
governed by federal, state, and local laws that are subject to change on occasion. Telmate
shall provide Customer with notice of any such changes in the law upon which time the
Parties will amend the Agreement as needed to comply with all such changes in the law.

2

The Parties agree that neither will be required to comply with a term in the Agreement
that is rendered unlawful by a future change in the law.
7. Ownership of Inmate Trust Fund.
Customer
confirms
the
Parties'
existing
understanding that Telmate acts as Customer's agent for the pUIJ>ose of accepting, on
behalf of Customer, deposits to an inmate's trust/commissary account at Customer. Any
and all deposits made to an inmate's trust/commissary account at Customer through
Telmate's system shall be deemed received by Customer as if made directly to Customer
and shall be credited to the respective inmate's trust/commissary account upon receipt by
Telmate. Customer shall have sole control and managerial power over any and all funds
deposited into an inmate's trust/commissary account.
8. Tablet Agreement. Telmate is engaged in the business of providing correction grade Internet
services, including without limitation the provision of wireless devices, internet access,
broadband services, online and offline digital entertainment, education, training, and
counseling, digital media access, messaging, and photo and other media sharing ("Services")
through secure application platforms ("Tablets") to correctional facilities for use by inmates.
Customer hereby grants to Telmate the exclusive permission and right to provide, implement,
maintain, and derive revenue from the use of the Tablets and Services by inmates in the
Facility during the Term, by mutual agreement with the customer. Telmate will determine
the fees to be charged to inmates for use of the Tablets and Services, by mutual agreement
with the customer.
9. Tablet Ownership and Specifications. The Tablets shall at all times remain the sole and
exclusive property of Telmate. Telmate shall determine the number and placement of Tablets
to be provided at the Facility based on the findings of a site survey of the Facility conducted
by Telmate. Telmate shall select the brand, type, and other specifications of the Tablets and
may replace, upgrade, or substitute the Tablets at any time during the Term with the
permission of the Facility for security purposes.
10.

Maintenance of Tablets.
a. Telmate's Obligations. During the Term of this Agreement, Telmate shall have the
exclusive right and access to maintain, adjust, remove, disconnect, repair, replace, or
alter the Tablets. Customer shall permit employees or contractors ofTelmate access
to the Facility and the Tablets at least once per week in order to provide such service,
repair, and maintenance on the Tablets. Customer understands and agrees that the
Tablets will not be available for use by inmates during such times that they are being
repaired and/or maintained. Upon termination of this Agreement, Telmate shall have
the right to enter the Facility to remove the Tablets.
b. Customer's Obligations. Customer shall distribute the Tablets to inmates according
to its established protocol and procedures. Customer shall exercise reasonable care to
prevent foreseeable damage or destruction of the Tablets. Customer shall notify
Telmate of any misuse, destruction, damage, loss or vandalism to the Tablets as soon
as possible. Customer or its agents shall not (i) alter, maintain, repair, enhance,
disassemble, decompile, reverse engineer or otherwise modify the Tablets or any
software provided thereon, (ii) connect the Tablets to any software or products not

3

provided and approved by Telmate, or (iii) allow any third party to do any of the
above. Customer shall permit employees or contractors ofTelmate reasonable access
in order to provide such service, repair, and maintenance on Equipment. Customer
shall have no obligations or liability to Telmate with respect to the Tablets except as
set forth herein.
11. Acknowledgement of Services by Customer. During the Term, Telmate will provide its full
suite of Services to inmates via the Tablets. Customer acknowledges that Telmate has
informed Customer of the Services that will be available on the Tablets, including but not
limited to the software and web sites that inmates will be able to access from the Tablets.
Customer expressly agrees and assents to the accessibility of such Services on the Tablets. If
Customer wishes to modify the Services available on the Tablets, Customer shall provide
such request to Telrnate in writing, upon receipt of which Telmate shall have three (3)
months to make any such modifications. If at any time during the Term Customer restricts
Telrnate from offering the Services on the Tablets, Telmate reserves the right to cease
operation of the Tablets at the Facility and remove the Tablets and any related equipment
from the Facility without penalty by providing thirty (30) days written notice to Customer.
Customer further acknowledges and agrees that it is Telrnate's sole customer under this
Agreement, and that no inmate or other third party is a party to or intended beneficiary of this
Agreement.

12. Except as otherwise provided herein, all terms and conditions of the Agreement and
MOl! shall stay in full force and effect.

CUSTOMER
Sign:
Name:
Title:
Date:

7)W~'
Dc:v, J
She

~e:PctJ.'"j

r.'-r

ll-0~-

TELMATE
Sign:
Name:
Title:

l (,

Date:

4

Page 1of1

Robinson, Noah
From:

Charles Lintz [charles@telmate.com]

Sent:
To:
Cc:

Monday, November07, 2016 3:59 PM
Robinson, Noah
Ferguson, Chad

Subject: Re: Ammendment to Telmate Contract

Lt. Robinson,
By remitting a per minute facility support payment, Telmate is choosing a path of compensation that is transparent and much more
defendable with the FCC and the pending court proceedings. The fact that the FCC has adopted the language of facility support in their
own communications and reversed its position on interstate facility support, is evidence that the FCC now recognizes there is an inherent
cost of administering our platfonn. This per minute facility support fee is intended to be revenue neulral.
In regards to the MOU wall space rental, yes, it stays in affect in full with no changes.
If you have any questions, comments or concerns please feel free to contact me.
Thank you.

On Sat, Nov 5, 2016 at 6:15 PM, Robinson, Noah <nrobinson@.vanderburghsheriff.com> wrote:

Charles,
I'm looking at the ammendment and I see that the 43.5 percent commission is being replaced by a .06
cents a minute facility support fee. Is this projected to be revenue neutral as as far as we are
concerned? My rough math says that works out to only 33 percent of what we were getting originally.
Is the MOU on wall space rental intact? The ammendmet mentions the MOU put lists no changes to
it.
Noah

Charles Lintz I Account Manager
Tel mate
1096 SE 6th St.
Ontario, OR 97914
Email charles@telmate.com
Office I Mobile (219) 689-3211 Fax (541) 889-9620
Customer Service (800)205-5510
www.Telmate.com I www.GettingOut.com I GettingOut Facebook

QTelmate

11/9/2016