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January 21, 2014
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
Los Angeles, California 90012
Dear Supervisors:
APPROVAL OF AMENDMENT NUMBER TWO TO AGREEMENT
NUMBER 77655 WITH PUBLIC COMMUNICATIONS SERVICES, INCORPORATED
FOR INMATE TELEPHONE SYSTEM AND SERVICES
(ALL DISTRICTS) (3 VOTES)
SUBJECT
This letter is a joint recommendation by the Sheriff and the Chief Probation Officer. The Los Angeles
County (County) Sheriff’s Department (Department) and The Los Angeles County Probation
Department (Probation) are seeking the Board’s approval of Amendment Number Two (Amendment)
to Agreement Number 77655 (Agreement) with Public Communications Services, Incorporated
(PCS) for Inmate Telephone System (ITS) and Services for inmates being held in both the
Department’s and Probation’s facilities.
IT IS RECOMMENDED THAT THE BOARD:
Approve and instruct the Chairman of the Board to sign the attached Amendment to the Agreement
with PCS for ITS and Services, which (1) reduces the collect call maximum dollar amount to any
single destination phone number from $125 to $60 in any continuous 30-day period; and (2) directs
PCS’ automated operator for ITS to record all telephone calls made from any and all phones within
the Department jails, which are not made to an attorney or public defender telephone number,
including calls initiated by pro-per inmates.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
Approval of this action will (1) reduce the collect call maximum dollar amount to any single
destination phone number from $125 to $60 in any continuous 30-day period; and (2) direct PCS’
automated operator for ITS, not later than 30 calendar days from the effective date of this
The Honorable Board of Supervisors
1/21/2014
Page 2
Amendment, to record all telephone calls made from any and all phones within the Department jails,
which are not made to an attorney or public defender telephone number, including calls initiated by
pro-per inmates.
The reduction of the collect call maximum was initiated at the request of PCS and follows an industry
trend to reduce such collect call maximums in various jurisdictions and counties nationwide.
It is within the Sheriff’s authority to record pro-per telephone calls not protected under a legal
privilege. However, PCS has required the inclusion of certain language disclaiming liability arising
out of inmate telephone call recordation and monitoring. PCS shall have no responsibility to advise
the County with respect to any law, regulation, or guideline that may govern or control inmate
telephone call recordation or monitoring by the County or compliance therewith. The County has its
own legal counsel to advise it concerning any and all such laws, regulations, or guidelines, and
compliance therewith, and makes its own determination on when and how to use the inmate
telephone call monitoring and recording capabilities that PCS supplies under the Agreement. PCS
disclaims any responsibility to provide, and in fact has not provided, the County with any legal advice
concerning such applicable law, regulation, or guideline, or compliance therewith. The County shall
be solely responsible for any liability, claims, suits, proceedings, damages, costs, and expenses
relating to any claims arising out of the failure of the County to comply with such applicable law,
regulation, or guideline that may govern or control inmate telephone call recordation or monitoring by
the County.
Implementation of Strategic Plan Goals
The services provided under this Agreement support the County’s Strategic Plan, Goal 1,
Operational Effectiveness; and Goal 5, Public Safety. Specifically, the Amendment will allow the
Department and Probation to continue providing telephone services to inmates and juveniles being
held throughout the Department’s and Probation’s facilities.
FISCAL IMPACT/FINANCING
This is a revenue-generating Agreement. The Department continues to receive a Minimum Annual
Guarantee in the amount of $15 million, and Probation continues to receive $59,000 for each year of
the Agreement. Revenue generated from the ITS is deposited into the Inmate Welfare Fund (IWF)
and used for various educational and recreational programs, and projects that benefit the inmates.
Revenue generated by Probation will be deposited into their Detentions’ Budget (DB) account to
benefit juveniles housed at their facilities.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
PCS’ automated operator for ITS shall record all telephone calls made from any and all telephones
within the Department jails, which are not made to an attorney or public defender, including
telephone calls initiated by pro-per inmates, and shall utilize the current pre-recorded call branding
announcement, i.e., that the telephone calls will be recorded and monitored.
Approval of this Amendment with PCS will provide for the recording of all telephone calls made by
pro-per inmates, which are not made to an attorney or public defender telephone number.
Additionally, this Amendment will reduce the collect call maximum dollar amount to any single
destination phone number from $125 to $60 in any continuous 30-day period.
County Counsel has reviewed and approved the Amendment.
The Honorable Board of Supervisors
1/21/2014
Page 3
IMPACT ON CURRENT SERVICES (OR PROJECTS)
There is no negative impact to current services.
CONCLUSION
Upon approval by the Board, please return two adopted copies of the Board letter and two original
executed copies of the Amendment to the Department’s Contracts Unit. Should additional
information be required, your staff may contact Contracts Manager, Angelo Faiella, at (323) 5265183.
Sincerely,
LEROY D. BACA
Sheriff
LDB:ARV:arv
Enclosures
JERRY E. POWERS
Chief Probation Officer
..
AMENDMENT NUMBER TWO TO AGREEMENT NO. 77655
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
PUBLIC COMMUNICATIONS SERVICES, INC.,
FOR INMATE TELEPHONE SYSTEM AND SERVICES
This Amendment Number Two ("Amendment") to Agreement Number 77655
("Agreement") is entered into by and between County of Los Angeles ("County") and
Public Communications Services, Inc. ("Contractor") , effective upon execution by both
parties.
A.
WHEREAS, on September 20, 2011, the County Board of Supervisors approved
the Agreement, with an Initial Term from November 1, 2011 through October 31 ,
2016, for Contractor's provision of Inmate Telephone System (ITS) and Services
for the Los Angeles County Sheriff's Department ("Sheriff's Department") and the
Los Angeles County Probation Department ("Probation Department"); and
B.
WHEREAS , on December 2, 2013, County and Contractor entered into
Amendment Number One to the Agreement which, among other things, deleted
and replaced Exhibit B, Statement of Work, of the Agreement to change the
delivery method on Pre-Paid Call services from a tangible Pre-Paid Phone Card
to a Debit Phone Account (Cardless) administered by Contractor; and
C.
WHEREAS, pursuant to Subparagraph 6.2.3, for any changes that materially
affect the scope of Work, period of performance, amount of payments, or any
other term or condition of this Agreement, then an Amendment to the Agreement
shall be mutually agreed upon and executed by the Board and Contractor; and
D.
WHEREAS, County and Contractor agree to amend the Agreement to (1) reduce
the collect call maximum dollar amount from $125 to $60 to any single
destination phone number in any continuous 30-day period; and (2) direct
Contractor's automated operator ITS to implement, not later than thirty (30)
calendar days from the effective date of this Amendment, the recording of all
telephone calls made from any and all phones within the Sheriff's Department
Custody and Detention Facilities, which are not made to an attorney or public
defender telephone number, including calls initiated by Pro-Per Inmates.
NOW THEREFORE, in consideration of the mutual covenants set forth herein, and for
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, County and Contractor agree to amend the Agreement as follows:
1.
Subparagraph 2.3.2.4, Collect Call Set-Up, of Exhibit B, Statement of Work, of
the Agreement is deleted in its entirety and replaced as follows to reduce the
collect call maximum dollar amount from $125 to $60 to any single destination
phone number in any continuous 30-day period:
Page 1 of 5
AMENDMENT NUMBER TWO TO AGREEMENT NO. 77655
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
PUBLIC COMMUNICATIONS SERVICES, INC.,
FOR INMATE TELEPHONE SYSTEM AND SERVICES
2.3.2.4
Collect Call Set-Up
The Contractor's automated operator ITS shall verify that a
destination number called is an authorized number (not blocked or
restricted), prior to placing a Collect · Call to the destination
telephone number.
If the Collect Call is an authorized number, then call set-up shall
continue and placement of the Inmate's call to the destination
number is accomplished.
If the Collect Call is to an unauthorized number (Unauthorized Call)
or blocked number (Blocked Call), then the Collect Call shall be
blocked and the Inmate notified that the call to an unauthorized or
blocked telephone number will not be completed.
If the Collect Call is to an unbillable number, then the call recipient
and Inmate shall both be advised and afforded the opportunity to
complete the call utilizing Pre-Paid Call services. Some Collect
Calls may be restricted due to imposed charge limits, or past due
account status of the number called. However, if the call recipient
and Inmate both decline to utilize Pre-Paid Call services, then
future calls to its number shall be blocked, pending implementation
of Pre-Paid Call services.
During the call set-up, the Inmate's telephone handset shall be
muted, and the telephone keypad disabled, except when
responding to prompts initiated by the automated operator.
The Collect Call maximum dollar amount to any single destination
phone number will be $60 in any continuous 30-day period. Any
variation to this set amount would be at the mutual agreement of
the County and the Contractor.
2.
Subparagraph 2.13, Call Archiving and Retrieval, of Exhibit B, Statement of
Work, of the Agreement is deleted in its entirety and replaced as follows to direct
Contractor's automated operator ITS to implement, not later than thirty (30)
calendar days from the effective date of this Amendment, the recording of all
telephone calls made from any and all phones within the Sheriff's Department
Custody and Detention Facilities, which are not made to an attorney or public
defender telephone number, including calls initiated by Pro-Per Inmates:
Page 2 of 5
AMENDMENT NUMBER TWO TO AGREEMENT NO. 77655
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
PUBLIC COMMUNICATIONS SERVICES, INC.,
FOR INMATE TELEPHONE SYSTEM AND SERVICES
2.13
Call Archiving and Retrieval
The Contractor's automated operator ITS shall provide capability to
archive and immediately retrieve all recorded Inmate telephone calls via
any System Administrative Console and any Sheriff's Data Network
computer with internet capability. Once recorded, the content of the call
shall be stored by the Contractor and be available for immediate retrieval
via a method determined by the Sheriff Project Manager for a period of up
to three (3) years. A record of all call attempts shall be stored by the
Contractor and be available for immediate retrieval via a method
determined by the Sheriff Project Manager for up to one (1) year;
and the ITS must have the capability to transfer the recorded calls to an
off-line media for archiving or review. The Contractor's automated
operator ITS shall record aU telephone calls made from any and all
phones within the Sheriff's Department Custody and Detention Facilities
which are not made to an attorney or public defender telephone number
(these numbers are supplied to Contractor by the County), including calls
initiated by Pro-Per Inmate booking numbers and PINs, and shall utilize
the current pre-recorded call branding announcement as required by
Subparagraph 2.3.2. 7 (Pre-Recorded Call Branding Announcement) of
this Exhibit B (Statement of Work).
All recorded telephone calls (files) shall be accompanied by the following
data:
a.
b.
c.
d.
e.
f.
g.
Salutatory call branding information.
Date and time the telephone call was placed.
Location from which the telephone call was placed.
Telephone number that was dialed.
Duration of the telephone call.
Time that the telephone call was terminated.
Inmate's Booking number
The Contractor shall copy, save, and store off-line data for archived
Inmate calls in the Contractor's proprietary .wav format.
The ITS must continue to record calls, without interruption, while copying
and saving previously recorded calls. The recorded call file format shall be
compatible with Microsoft Windows 2000, XP, Vista, and Windows 7
based personal computers, or other format to be determined by the
County.
Page 3 of 5
AMENDMENT NUMBER TWO TO AGREEMENT NO. 77655
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
PUBLIC COMMUNICATIONS SERVICES, INC.,
FOR INMATE TELEPHONE SYSTEM AND SERVICES
The ITS shall provide the capability of naming each file, or automatically
generating a file name. Each recorded telephone call or any copies shall
be security encoded, in order to detect any attempted alterations to the
recorded telephone call.
Contractor has no responsibility to advise the County with respect to any
law, regulation, or guideline that may govern or control Inmate telephone
call recordation or monitoring by the County or compliance therewith. The
County has its own legal counsel to advise it concerning any and all such
laws, regulations, or guidelines, and compliance therewith, and makes its
own determination on when and how to use the Inmate call monitoring
and recording capabilities that Contractor supplies under the Agreement.
Contractor disclaims any responsibility to provide, and in fact has not
provided, the County with any legal advice concerning such applicable
law, regulation, or guideline, or compliance therewith. The County shall be
solely responsible for any liability, claims, suits, proceedings, damages,
costs, and expenses relating to any claims arising out of the failure of the
County to comply with such applicable law, regulation, or guideline that
may govern or control Inmate telephone call recordation or monitoring by
the County.
3.
Except as expressly provided in this Amendment, all terms and conditions of the
Agreement shall remain in full force and effect.
4.
Contractor represents and warrants that the person executing Amendment for
Contractor is an authorized agent who has actual authority to bind Contractor to
each and every item, condition, and obligation of the Amendment and that all
requirements of Contractor have been fulfilled to provide such actual authority.
Page 4 of 5
AMENDMENT NUMBER TWO TO AGREEMENT NO. 77655
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND
PUBLIC COMMUNICATIONS SERVICES, INC.,
FOR INMATE TELEPHONE SYSTEM AND SERVICES
WHEREOF, the County of Los Angeles, by order of its Board of Supervisors has this
Amendment Number Two to be executed on its behalf by the Chairman of said Board
and attested by the Executive Officer-Clerk of the Board of Supervisors thereof, and
Contractor has executed this Amendment Number Two, or caused it to be duly
executed by its duly authorized officer.
COUNTY OF LOS ANGELES
By: _ _ _ _ _ _ _ _ _ _ _ __
Chairman, Board of Supervisors
ATTEST:
SACHI A, HAMAl
Executive Officer
Los Angeles County
Board of Supervisors
By: _ _ _ _ _ _ _ _ _ _ ___
PUBLIC COMMUNICATIONS SERVICES
INC.
Signed:
~ ~~<;t~Y
Printed: Jeffrey B. Haidinger
Title: President and COO
APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
Page 5 of 5
