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REVENUE AGREEMENT WITH INMATE CALLING SOLUTIONS, LLC.
TO PROVIDE INMATE TELEPHONE SERVICE
THIS AGREEMENT is made and entered into as of this 1st day of July 2016 by and
between the COUNTY OF SACRAMENTO, a political subdivision of the State of
California, hereinafter referred to as "COUNTY," and INMATE CALLING SOLUTIONS,
LLC d/b/a ICSolutions, with its principal place of business located at 2200 Danbury
Street, San Antonio, TX 78217, hereinafter referred to as "CONTRACTOR."
RECITALS
WHEREAS, COUNTY has the need to provide telephone and visitation services for
certain inmates/residents, as hereinafter described, in the Sacramento County Sheriff's
Department and Probation Department Facilities; and
WHEREAS, the CONTRACTOR is willing to provide such services under the terms and
conditions set forth below;
WHEREAS, COUNTY AND CONTRACTOR desire to enter into this Agreement on the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth,
COUNTY and CONTRACTOR agree as follows:
I.
SCOPE OF SERVICES
CONTRACTOR shall provide services in the amount, type and manner described
in Exhibit A, which is attached hereto and incorporated herein.
II.
TERM
A.
This Agreement shall be effective and commence as of the date first written
above and shall end on June 30, 2019 ("Initial Term") with the right to renew for
two (2) additional, one (1) year terms with thirty (30) days written notice to the
CONTRACTOR prior to the expiration of the Initial Term or renewal term of the
Agreement. This Agreement shall not bind, not purport to bind COUNTY for any
contractual commitment in excess of the Initial Term.
B.
An extension of the Initial Term will be accomplished through an amendment to
the Agreement.
If the extension of the Agreement necessitates additional
revenue and/or funding beyond which was included in the original Agreement,
the increase in the COUNTY'S maximum liability will also be affected through an
amendment to the Agreement and shall be based upon rates provided for in the
Agreement and proposal and/or negotiated Agreement extension incentives.
Page 1
Ill.
NOTICE
Any notice, demand, request, consent, or approval that either party hereto may
or is required to give the other pursuant to this Agreement shall be in writing and
shall be either personally delivered or sent by mail, addressed as follows:
TO COUNTY
TO CONTRACTOR
SCOTT JONES, Sheriff
Sacramento County Sheriff's
Department
711 G Street
Sacramento, CA 95814
ICSolutions
Attn: Contracts/Legal
2200 Danbury Street
San Antonio, TX 78232
LEE SEALE, Chief Probation
Officer
Sacramento County Probation
Department
9750 Business Park Drive,
Suite 220
Sacramento, CA 95827
Either party may change the address to which subsequent notice and/or other
communications can be sent by giving written notice designating a change of
address to the other party, which shall be effective upon receipt.
IV.
COMPLIANCE WITH LAWS
CONTRACTOR shall observe and comply with all applicable Federal, State, and
County laws, regulations and ordinances.
V.
GOVERNING LAWS AND JURISDICTION
This Agreement shall be deemed to have been executed and to be performed
within the State of California and shall be construed and governed by the internal
laws of the State of California. Any legal proceedings arising out of or relating to
this Agreement shall be brought in Sacramento County, California.
VI.
LICENSES AND PERMITS
A.
CONTRACTOR shall possess and maintain all necessary licenses, permits,
certificates and credentials required by the laws of the United States, the State of
California, County of Sacramento and all other appropriate governmental
agencies, including any certification and credentials required by COUNTY.
Failure to maintain the licenses, permits, certificates, and credentials shall be
deemed a breach of this Agreement and constitutes grounds for the termination
of this Agreement by COUNTY.
Page 2
B.
CONTRACTOR further certifies to COUNTY that it and its principals are not
debarred, suspended, or otherwise excluded from or ineligible for, participation in
federal, State or county government contracts. Contractor certifies that it shall not
contract with a Subcontractor that is so debarred or suspended.
VII.
PERFORMANCE STAND ARDS
A.
CONTRACTOR shall perform its services under this Agreement in accordance
with the industry and/or professional standards applicable to CONTRACTOR'S
services.
B.
CONTRACTOR shall furnish a Surety Bond (guarantying contract performance)
in the form of a bond issued by a Surety Company authorized to do business in
the State of California, a Cashier's Check, or Irrevocable Letter of Credit payable
to the County within ten (10) calendar days after award of the Agreement and
prior to any installation work or equipment delivery. The Surety Bond must be
made payable to the COUNTY in the amount of Two Hundred Fifty Thousand
Dollars ($250,000.00) and will be retained during the full period of the Agreement
and/or renewal terms. No personal or company checks are acceptable. The
Agreement number and/or dates of performance must be specified on the Surety
Bond. In the event that the COUNTY exercises its option to extend the
Agreement for an additional period, CONTRACTOR shall be required to maintain
the validity and enforcement of the Surety Bond for the said period, pursuant to
the provisions of this paragraph, in an amount stipulated at the time of the
Agreement renewal.
VIII.
OWNERSHIP OF WORK PRODUCT
All technical data, evaluations, plans, specifications, reports, documents, or other
work products developed by CONTRACTOR hereunder shall be the exclusive
property of COUNTY and shall be delivered to COUNTY upon completion of the
services authorized hereunder. CONTRACTOR may retain copies thereof for its
files and internal use. Publication of the information directly derived from work
performed or data obtained in connection with services rendered under this
Agreement must first be approved in writing by COUNTY. COUNTY recognizes
that all technical data, evaluations, plans, specifications, reports, and other work
products are instruments of CONTRACTOR'S services and are not designed for
use other than what is intended by this Agreement. Notwithstanding the
foregoing, all software and related system designs, specifications and
documentation are, and shall remain, the sole and exclusive property of
Contractor.
IX.
STATUS OF CONTRACTOR
A.
It is understood and agreed that CONTRACTOR (including CONTRACTOR'S
employees) is an independent contractor and that no relationship of employerPage 3
employee exists between the parties hereto. CONTRACTOR'S assigned
personnel shall not be entitled to any benefits payable to employees of COUNTY.
COUNTY is not required to make any deductions or withholdings from the
compensation payable to CONTRACTOR under the provisions of this
Agreement; and as an independent contractor, CONTRACTOR hereby
indemnifies and holds COUNTY harmless from any and all claims that may be
made against COUNTY based upon any contention by any third party that an
employer-employee relationship exists by reason of this Agreement.
B.
It is further understood and agreed by the parties hereto that CONTRACTOR in
the performance of its obligation hereunder is subject to the control or direction of
COUNTY as to the designation of tasks to be performed, the results to be
accomplished by the services hereunder agreed to be rendered and performed,
and not the means, methods, or sequence used by CONTRACTOR for
accomplishing the results.
C.
If, in the performance of this Agreement, any third persons are employed by
CONTRACTOR, such person shall be entirely and exclusively under the
direction, supervision, and control of CONTRACTOR. All terms of employment,
including hours, wages, working conditions, discipline, hiring, and discharging, or
any other terms of employment or requirements of law, shall be determined by
CONTRACTOR, and the COUNTY shall have no right or authority over such
persons or the terms of such employment.
D.
It is further understood and agreed that as an independent contractor and not an
employee of COUNTY, neither the CONTRACTOR nor CONTRACTOR'S
assigned personnel shall have a) any entitlement as a COUNTY employee: orb)
except as otherwise provided by this Agreement, the right to act on behalf of
COUNTY in any capacity whatsoever as agent, nor to bind COUNTY to any
obligation whatsoever.
CONTRACTOR shall not be covered by worker's
compensation; nor shall CONTRACTOR be entitled to compensated sick leave,
vacation leave, retirement entitlement, participation in group health, dental, life
and other insurance programs, or entitled to other fringe benefits payable by the
COUNTY to employees of the COUNTY.
E.
It is further understood and agreed that CONTRACTOR must issue W-2 and 941
Forms for income and employment tax purposes, for all of CONTRACTOR'S
assigned personnel under the terms and conditions of this Agreement.
F.
The services to be performed by CONTRACTOR shall not be assigned, sublet or
transferred without prior written approval of COUNTY.
G.
CONTRACTOR shall be required to notify the COUNTY of any merger or
acquisition of which there is knowledge during the duration of the Agreement and
any renewal terms. If CONTRACTOR merges with or is acquired by another
firm , the following documents must be submitted to the COUNTY:
Page 4
1. Corporate resolutions prepared by the successful CONTRACTOR and new
entity ratifying acceptance of the original contract, terms, conditions and
process. Surety bond from the new entity per above.
2. New CONTRACTOR'S Federal Identification Number (FEIN).
3. Additional information reasonably deemed necessary by the COUNTY.
X.
CONTRACTOR IDENTIFICATION
CONTRACTOR shall provide the COUNTY with the following information for the
purpose of compliance with California Unemployment Insurance Code section
1088.8 and Sacramento County Code Chapter 2.160: CONTRACTOR'S name,
address, telephone number, social security number, and whether dependent
health insurance coverage is available to CONTRACTOR.
XI.
COMPLIANCE WITH CHILD,
REPORTING OBLIGATIONS
A.
CONTRACTOR'S failure to comply with state and federal child, family and
spousal support reporting requirements regarding a CONTRACTOR'S
employees or failure to implement lawfully served wage and earnings assignment
orders or notices of assignment relating to child, family and spousal support
obligations shall constitute a default under this Agreement.
B.
CONTRACTOR'S failure to cure such default within 90 days of notice by
COUNTY shall be grounds for termination of this Agreement.
XII.
BENEFITS WAIVER
FAMILY
AND
SPOUSAL
SUPPORT
If CONTRACTOR is unincorporated, CONTRACTOR acknowledges and agrees
that CONTRACTOR is not entitled to receive the following benefits and/or
compensation from COUNTY: medical, dental, vision and retirement benefits,
life and disability insurance, sick leave, bereavement leave, jury duty leave,
parental leave, or any other similar benefits or compensation otherwise provided
to permanent civil service employees pursuant to the County Charter, the County
Code, the Civil Service Rule, the Sacramento County Employees' Retirement
System and/or any and all memoranda of understanding between COUNTY and
its employee organizations. Should CONTRACTOR or any employee or agent of
CONTRACTOR seek to obtain such benefits from COUNTY, CONTRACTOR
agrees to indemnify and hold harmless COUNTY from any and all claims that
may be made against COUNTY for such benefits.
XIII.
This section intentionally omitted.
Page 5
XIV.
CONFLICT OF INTEREST
CONTRACTOR and CONTRACTOR'S officers and employees shall not have a
financial interest, or acquire any financial interest, direct or indirect, in any
business, property or source of income which could be financially affected by or
otherwise conflict in any manner or degree with the performance of services
required under this Agreement.
XV.
LOBBYING AND UNION ORGANIZATION ACTIVITIES
A.
CONTRACTOR shall comply with all certification and disclosure requirements
prescribed by Section 319, Public Law 101-121 (31 U.S.C. § 1352) and any
implementing regulations.
B.
If services under this Agreement are funded with state funds granted to
COUNTY, CONTRACTOR shall not utilize any such funds to assist, promote or
deter union organization by employees performing work under this Agreement
and shall comply with the provisions of Government Code Sections 16645
through 16649.
XVI.
This section intentionally omitted.
XVII. NONDISCRIMINATION IN EMPLOYMENT, SERVICES,
FACILITIES
BENEFITS AND
A.
CONTRACTOR agrees and assures COUNTY that CONTRACTOR and any
subcontractors shall comply with all applicable federal, state, and local Antidiscrimination laws, regulations, and ordinances and to not unlawfully
discriminate, harass, or allow harassment against any employee, applicant for
employment, employee or agent of COUNTY, or recipient of services
contemplated to be provided or provided under this Agreement, because of race,
ancestry, marital status, color, religious creed, political belief, national origin,
ethnic group identification, sex, sexual orientation, age (over 40), medical
condition (including HIV and AIDS), or physical or mental disability.
CONTRACTOR shall ensure that the evaluation and treatment of its employees
and applicants for employment, the treatment of COUNTY employees and
agents, and recipients of services are free from such discrimination and
harassment.
B.
CONTRACTOR represents that it is in compliance with and agrees that it will
continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. §
12101 et seq.), the Fair Employment and Housing Act (Government Code §§
12900 et seq.), and regulations and guidelines issued pursuant thereto.
C.
CONTRACTOR agrees to compile data, maintain records and submit reports to
permit effective enforcement of all applicable antidiscrimination laws and this
provision.
Page 6
D.
CONTRACTOR shall include this nondiscrimination provision in all subcontracts
related to this Agreement.
XVIII. INDEMNIFICATION
A.
To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend,
with counsel reasonably acceptable to COUNTY, and hold harmless COUNTY,
its governing Board, officers, directors, officials, employees, and authorized
volunteers and agents from and against any and all claims, demands, actions,
losses, liabilities, damages, and all expenses and costs incidental thereto,
including cost of defense, settlement, arbitration, and reasonable attorneys' fees
of any nature or kind because of use of any copyrighted, or non-copyrighted
composition, secret process, patented or unpatented invention, articles or
appliances furnished or used under this Agreement, and agrees to defend, at its
own expense, any and all actions brought against COUNTY or itself because of
the unauthorized use of such articles. In the event any infringement claim is
made or threatened against the COUNTY, or injunctive relief is granted to a
Claimant, CONTRACTOR shall (i) obtain the right for COUNTY to continue use
of the services; (ii) substitute other services of like capability, or (iii) replace or
modify the services to render them non-infringing while retaining like capability.
In the event CONTRACTOR is unable to perform any of the above, COUNTY
may terminate this Agreement upon thirty (30) days written notice to
CONTRACTOR. The provisions of this indemnity obligation and remedies shall
survive the expiration or termination of the Agreement.
8.
To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend,
with counsel reasonably acceptable to COUNTY, and hold harmless County, its
governing Board, officers, directors, officials, employees, and authorized
volunteers and agents (collectively "Indemnified Parties"), from and against any
and all claims, demands, actions, losses, liabilities, damages, and all expenses
and costs incidental thereto (collectively ''Claims"), including cost of defense,
settlement, arbitration, and reasonable attorneys' fees, resulting from injuries to
or death of persons, including but not limited to employees of either Party hereto,
and damage to or destruction of property, or loss of use or a reduction in value
thereof, including but not limited to the property of either Party hereto, arising out
of, pertaining to, or resulting from the alleged or actual acts or omissions of
CONTRACTOR, its officers, employees, or agents, or the acts or omissions of
anyone else directly or indirectly acting on behalf of the CONTRACTOR, or for
which CONTRACTOR is legally liable under law. CONTRACTOR understands
and agrees that this indemnity obligation shall apply regardless of whether any
loss, damage or cost arises from, whether in whole or in part, any alleged or
actual acts or omissions, or any other negligence, concurrent or otherwise, on
the part of COUNTY, or any other party indemnified hereunder, excepting only
those Claims caused by the sole negligence or willful misconduct of an
Indemnified Party.
Page 7
C.
The right to defense and indemnity under this Section shall initiate upon
occurrence of an event giving rise to a Claim and tendered in writing to
CONTRACTOR. CONTRACTOR shall defend Indemnified Parties with counsel
reasonably acceptable to COUNTY. Notwithstanding the foregoing, COUNTY
shall be entitled, on its own behalf, and at the expense of CONTRACTOR, to
assume control of its defense or the defense of any Indemnified Party in any
legal action, with counsel reasonably selected by it. Should COUNTY elect to
initially assume control of its defense, or the defense of any Indemnified Party, it
does so without prejudice to its right to subsequently request that
CONTRACTOR thereafter assume control of the defense and pay all attorneys'
fees and costs incurred thereby.
D.
This indemnity obligation shall not be limited by the types and amounts of
insurance or self-insurance maintained by CONTRACTOR or CONTRACTOR'S
subcontractors at any tier.
E.
Nothing in this indemnity obligation shall be construed to create any duty to, any
standard of care with reference to, or any liability or obligation, contractual or
otherwise, to any third party.
F.
The provisions of this indemnity obligation shall survive the expiration or
termination of the Agreement.
G.
COUNTY agrees to provide the CONTRACTOR with reasonable and timely
notice on any claim, demand or cause of action made or brought against the
COUNTY arising out of or related to the services rendered by the
CONTRACTOR.
XIX.
INSURANCE
Without limiting CONTRACTOR'S indemnification, CONTRACTOR shall maintain
in force at all times during the term of this Agreement and any extensions or
modifications thereto, insurance as specified in Exhibit B. It is the responsibility
of CONTRACTOR to notify its insurance advisor or insurance carrier(s) regarding
coverage, limits, forms and other insurance requirements specified in Exhibit B.
It is understood and agreed that COUNTY shall not pay any sum to
CONTRACTOR under this Agreement unless and until COUNTY is satisfied that
all insurance required by this Agreement is in force at the time services
hereunder are rendered. Failure to maintain insurance as required in this
Agreement may be grounds for material breach of contract.
XX.
INFORMATION TECHNOLOGY ASSURANCES
CONTRACTOR shall take all reasonable precautions to ensure that any
hardware, software, and/or embedded chip devices used by CONTRACTOR in
the performance of services under this Agreement, other than those owned or
provided by COUNTY, shall be free from viruses. Nothing in this provision shall
Page 8
be construed to limit any rights or remedies otherwise available to COUNTY
under this Agreement.
XXI.
WEB ACCESSIBILITY
CONTRACTOR shall ensure that all web sites and web applications provided by
CONTRACTOR pursuant to this Agreement shall comply with COUNTY'S Web
Accessibility Policy adopted by the Board of Supervisors on February 18, 2003
as well as any approved amendment thereto.
XXll. COMPENSATION AND PAYMENT OF INVOICES LIMITATIONS
A.
Compensation under this Agreement shall be paid as set forth in Exhibit A and as
further summarized in Exhibit C.
8.
CONTRACTOR shall maintain for four (4) years following termination of this
Agreement full and complete documentation of all services and expenditures
associated with performing the services covered under this Agreement. Expense
documentation shall include: time sheets or payroll records for each employee;
receipts for supplies; applicable subcontract expenditures; applicable overhead
and indirect expenditures.
XXlll. LEGAL TRAINING INFORMATION
If under this Agreement CONTRACTOR is to provide training of COUNTY
personnel on legal issues, then CONTRACTOR shall submit all training and
program material for prior review and written approval by County Counsel. Only
those materials approved by County Counsel shall be utilized to provide such
training.
XXIV. This section intentionally omitted.
XXV. SUBCONTRACTS, ASSIGNMENT
A.
CONTRACTOR shall obtain prior written approval from COUNTY before
subcontracting any of the services delivered under this Agreement.
CONTRACTOR remains legally responsible for the performance of all contract
terms including work performed by third parties under subcontracts. Any
subcontracting will be subject to all applicable provisions of this Agreement.
CONTRACTOR shall be held responsible by COUNTY for the performance of
any subcontractor whether approved by COUNTY or not.
8.
This Agreement is not assignable by CONTRACTOR in whole or in part, without
the prior written consent of COUNTY.
Page 9
XXVI. AMENDMENT AND WAIVER
Except as provided herein, no alteration, amendment, variation, or waiver of the
terms of this Agreement shall be valid unless made in writing and signed by both
parties. Waiver by either party of any default, breach or condition precedent shall
not be construed as a waiver of any other default, breach or condition precedent,
No interpretation of any provision of this
or any other right hereunder.
Agreement shall be binding upon COUNTY unless agreed in writing by
DIRECTOR (as defined in Section XXX. below) and counsel for COUNTY.
XXVll. SUCCESSORS
This Agreement shall bind the successors of COUNTY and CONTRACTOR in
the same manner as if they were expressly named.
XXVlll. TIME
Time is of the essence of this Agreement.
XXIX. INTERPRETATION
This Agreement shall be deemed to have been prepared equally by both of the
parties, and the Agreement and its individual provisions shall not be construed or
interpreted more favorably for one party on the basis that the other party
prepared it.
XXX. DIRECTOR
As used in this Agreement, "DIRECTOR" shall mean the Sheriff or his designee.
XXXI. DISPUTES
A.
In the event of any dispute arising out of or relating to this Agreement, the parties
shall attempt, in good faith, to promptly resolve the dispute mutually between
themselves. Pending resolution of any such dispute, CONTRACTOR shall
continue without delay to carry out all its responsibilities under this Agreement
unless the Agreement is otherwise terminated in accordance with the
Termination provisions herein. COUNTY shall not be required to make payments
for any services that are the subject of this dispute resolution process until such
dispute has been mutually resolved by the parties. If the dispute cannot be
resolved within 15 calendar days of initiating such negotiations or such other time
period as may be mutually agreed to by the parties in writing, either party may
pursue its available legal and equitable remedies, pursuant to the laws of the
State of California. Nothing in this Agreement or provision shall constitute a
waiver of any of the government claim filing requirements set forth in Title 1,
Division 3.6, of the California Government Code or as otherwise set forth in local,
state and federal law.
Page 10
B.
Should there be a discrepancy in the responses provided by the Contractor to
RFP #8220 and this Agreement, the terms and conditions contained in this
Agreement and its amendments will prevail over the RFP and its
addenda/amendments, and the RFP and its addenda/amendments will prevail
over the responses to the RFP.
XXXll. TERMINATION
A.
COUNTY may terminate this Agreement without cause upon thirty (30) days
written notice to the other party, without penalty. Notice shall be deemed served
on the date of mailing. If notice of termination for cause is given by COUNTY to
CONTRACTOR and it is later determined that CONTRACTOR was not in default
or the default was excusable, then the notice of termination shall be deemed to
have been given without cause pursuant to this paragraph (A). Should COUNTY
terminate the Agreement without cause, COUNTY shall reimburse
CONTRACTOR for the upfront financial incentive on a prorated basis for the
remaining months under the Agreement.
B.
Either party may terminate this Agreement for cause immediately upon giving
written notice to the other party should such other party materially fail to perform
any of the covenants contained in this Agreement in the time and/or manner
specified. In the event of such termination, COUNTY may proceed with the work
in any manner deemed proper by COUNTY. If notice of termination for cause is
given by COUNTY to CONTRACTOR and it is later determined that
CONTRACTOR was not in default or the default was excusable, then the notice
of termination shall be deemed to have been given without cause pursuant to
paragraph (A) above. Should this Agreement be terminated due to
CONTRACTOR'S default, then COUNTY shall not be required to repay any
amounts under this Agreement.
C.
COUNTY may terminate or amend this Agreement immediately upon giving
written notice to CONTRACTOR, 1) if advised that funds are not available from
external sources for this Agreement or any portion thereof, including if distribution
of such funds to the County is suspended or delayed; 2) if funds for the
services and/or programs provided pursuant to this Agreement are not
appropriated by the State; 3} if funds in COUNTY'S yearly proposed and/or
final budget are not appropriated by COUNTY for this Agreement or any portion
thereof; or 4) if funds that were previously appropriated for this Agreement are
reduced, eliminated, and/or re-allocated by COUNTY as a result of mid-year
budget reductions.
D.
If this Agreement is terminated under paragraph A or C above, CONTRACTOR
shall only be paid for any services completed and provided prior to the effective
date of termination. In the event of termination under paragraph A or C above,
CONTRACTOR shall be paid an amount which bears the same ratio to the total
compensation authorized by the Agreement as the services actually performed
Page 11
bear to the total services of CONTRACTOR covered by this Agreement, less
payments of compensation previously made. In no event, however, shall
COUNTY pay CONTRACTOR an amount which exceeds a pro rata portion of the
Agreement total based on the portion of the Agreement term that has elapsed on
the effective date of the termination.
E.
CONTRACTOR shall not unreasonably incur any expenses under this
Agreement after notice of termination and shall cancel any outstanding expenses
and obligations to a third party that CONTRACTOR can legally cancel.
F.
Should CONTRACTOR for any reason become unable to complete the work
called for in this Agreement, COUNTY may, at its sole discretion, call for the
Surety Bond due in part or in full for such non-performance and/or as liquidated
damages.
G.
In case of default by the CONTRACTOR, the COUNTY may procure the articles
or services from other sources and may call the Surety Bond due in part or in full.
XXXlll. REPORTS
A.
CONTRACTOR shall, without additional compensation therefore, make fiscal,
program evaluation, progress, and such other reports as may be reasonably
required by DIRECTOR concerning CONTRACTOR'S activities as they affect the
contract duties and purposes herein.
B.
Please refer to Exhibit A, Section G for the specific monthly reporting
requirements.
XXXIV. AUDITS AND RECORDS
A.
COUNTY reserves the right to verify, by examination of the CONTRACTOR'S
records and all invoiced amounts.
B.
COUNTY will have the right from the Effective Date of the Agreement and for a
period of four (4) years after the termination date of the Agreement, upon ten (10)
business day's written notice, to fully reconcile or examine any and all
CONTRACTOR information pertaining to the Agreement. COUNTY will also
have the right to have another independent Agency of the County's exclusive
choice, perform any or all reconciliations and examinations pertaining to this
Agreement.
C.
CONTRACTOR shall maintain accurate, complete and auditable records fully
reflecting the Gross Revenues from which commissions can be determined,
including all call detail, EMI billing records, debit sales, and commissioning and
fee reports during the term of the Agreement and for no less than two (2) years
after the term of the Agreement covered thereby in accordance with generally
accepted accounting principles. Failure by the CONTRACTOR to comply with
Page 12
this full reconciliation rights prov1s1on will be grounds for termination of the
Agreement at the COUNTY'S sole discretion.
XXXV. PRIOR AGREEMENTS
This Agreement constitutes the entire contract between COUNTY and
CONTRACTOR regarding the subject matter of this Agreement. Any prior
agreements, whether oral or written, between COUNTY and CONTRACTOR
regarding the subject matter of this Agreement are hereby terminated effective
immediately upon full execution of this Agreement.
XXXVI. SEVERABILITY
If any term or condition of this Agreement or the application thereof to any
person(s) or circumstance is held invalid or unenforceable, such invalidity or
unenforceability shall not affect other terms, conditions, or applications which can
be given effect without the invalid term , condition, or application; to this end the
terms and conditions of this Agreement are declared severable.
XXXVll. FORCE MAJEURE
Neither CONTRACTOR nor COUNTY shall be liable or responsible for delays or
failures in performance resulting from events beyond the reasonable control of
such party and without fault or negligence of such party. Such events shall
include but not be limited to acts of God, strikes, lockouts, riots, acts of war,
epidemics, acts of government, fire, power failures, nuclear accidents,
earthquakes, unusually severe weather, acts of terrorism, or other disasters,
whether or not similar to the foregoing, and acts or omissions or failure to
cooperate of the other party or third parties (except as otherwise specifically
provided herein).
XXXVlll. SURVIVAL OF TERMS
All services performed and deliverables provided pursuant to this Agreement are
subject to all of the terms, conditions, price discounts and rates set forth herein,
notwithstanding the expiration of the Initial Term of this Agreement or any
extension thereof. Further, the terms, conditions and warranties contained in this
Agreement that by their sense and context are intended to survive the completion
of the performance, cancellation or termination of this Agreement shall so
survive.
XXXIX. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts.
The Agreement
shall be deemed executed when it has been signed by both parties.
Page 13
XL. AUTHORITY TO EXECUTE
Each person executing this Agreement represents and warrants that he or she is
duly authorized and has legal authority to execute and deliver this Agreement
for or on behalf of the parties to this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the
performance of such party's obligations hereunder have been duly authorized.
XLI. BACKGROUND AND SECURITY INVESTIGATIONS
Background and security investigations of the CONTRACTOR will be required as
a condition of beginning and continu ing work under this Agreement. COUNTY
will conduct background and security checks before work begins.
CONTRACTOR will be required to provide valid identifying information for its
employees and/or subcontractors.
XLll. RIGHT TO REFUSE PERSONNEL
COUNTY reserves the right to refuse, at its sole discretion, any subcontractors or
any personnel provided by the prime CONTRACTOR or its subcontractors.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed as of the day and year first written above.
COUNTY OF SACRAMENTO, a
political subdivision of the State
of California
By ~ ~
Inmate Calling Solutions, LLC
d/b/a ICSolutions
/ e-e-.> By ~
scon R. JONES, Sheriff
Date:
G, /d-7 /OP1b
I
I
(Name)
Date:
6/Rc?fe
By_~cA-Q,
_ _ _ __
_
_
LEE SEALE, Chief Probation Officer
Date:
----''2~/_
1-.9-+/....;._t
. . . -=-L_
_
_ __
CONTRACT AND CONTRACTOR TAX STATUS
REVIEWED AND APPROVED BY COUNTY COUNSEL
By:
Date:
_1 -+-/_s-:
-#-/_ 2_o_{
~--Page 14
EXHIBIT A to Agreement
between the COUNTY OF SACRAMENTO,
hereinafter referred to as "COUNTY," and
INMATE CALLING SOLUTIONS, LLC,
hereinafter referred to as "CONTRACTOR"
SCOPE OF SERVICES
I.
SERVICE LOCATION(S)
A.
The COUNTY currently operates three (3) facilities under two (2) departments.
The Sheriff's Department is responsible for the Main Jail Division (Main Jail) and
Rio Cosumnes Correctional Center (RCCC).
The Probation Department
Operates the Youth Detention Center (YDF), collectively referred to as Facilities.
Responsible Count Department
Facility Name
Facilit Address
651 "I" Street
Sacramento, California 95814
Sheriff's Department
Main Jail Division (Main Jail)
Sheriff's Department
Rio Cosumnes Correctional
Center (RCCC)
12500 Bruceville Road
Elk Grove California 95758
Probation Department
Youth Detention Facility
(YDF)
9601 Keifer Boulevard
Sacramento, California 95827
Probation Department
Warren E. Thornton Youth
Center (W ETYC) *
4000 Branch Center Road
Sacramento , CA 95827
*The Probation Department may re-open WETYC. COUNTY reserves the right
to have inmate telephone equipment and service installed per the terms of this
Agreement should WETYC become operational in the future.
II.
DESCRIPTION OF SERVICES
A.
CONTRACTOR shall install, operate and maintain jail inmate telephones and
related equipment. The CONTRACTOR shall, without cost to the County,
provide all inside wiring for the inmate and visitation telephones, install the
inmate and visitation telephones, and the related hardware and
software/firmware specifically identified herein or otherwise required, to enable
inmates at the Facilities to make free, speed-dial, collect, pre-paid and debit
local, long distance and international calls from the Facilities as well as the
completion of visitation sessions.
8.
COUNTY works with Praeses, LLC as its independent and objective
management company ("Designated Agent") relative to the COUNTY'S inmate
telephone environment. CONTRACTOR shall accept COUNTY'S direction in
working with the COUNTY'S Designated Agent.
Exhibit A
C.
ITS Installation Requirements
1.
For each installation, the CONTRACTOR shall submit an implementation
plan which shall include an installation schedule. Any initial installations
must be completed within sixty (60) days of the date the COUNTY awards
the Facilities to the CONTRACTOR. This implementation plan will
become a part of the Agreement and must be followed.
a.
If any installation is not completed within the timeframe allowed in
the agreed-upon implementation plan, the CONTRACTOR may
incur liquidated damages in the amount of five hundred dollars
($500.00) per day for each day beyond the installation date. In no
event will natural disasters or acts of God cause the
CONTRACTOR to incur liquidated damages.
b.
Should the CONTRACTOR incur liquidated damages, the COUNTY
will invoice the CONTRACTOR. Payment of the invoice shall be
made to the COUNTY within thirty (30) days of the
CONTRACTOR'S receipt of the invoice.
2.
Turnkey Installation - the CONTRACTOR shall be responsible for all costs
associated with the ITS and visitation sets, including purchase of
equipment, installation, service, maintenance, voice network and
transmission, data network, and day-to-day operation. This will include all
wiring, new electrical circuit installations, cables, parts, software and
physical installation at each facility.
3.
The CONTRACTOR agrees to obtain the COUNTY'S written permission
before proceeding with any work that requires cutting into or through
girders, beams, concrete or tile floors, partitions or ceilings, or any work
that may impair fireproofing or moisture proofing, or potentially cause any
structural damage.
4.
The CONTRACTOR agrees to assume responsibility for installation of the
equipment in accordance with the specifications contained in the
manufacturer's installation instructions.
5.
The work under this Agreement is to
managed by the CONTRACTOR. The
work-space for the CONTRACTOR.
COUNTY'S premises shall be completed
business hours.
6.
Use of existing or in-place conduit, raceways, cableways, cable, inside
wiring, telephone set mountings, switches, terminal boxes, and terminals
within the Facilities are at the risk of the CONTRACTOR. No exposed
wiring will be permitted. Ownership of any wiring or conduit placed under
Exhibit A
be performed, completed, and
COUNTY SHALL NOT provide
All work performed on the
during the COUNTY'S standard
this Agreement by the CONTRACTOR becomes the COUNTY'S property
upon termination and/or expiration of the Agreement.
7.
The CONTRACTOR agrees that if any cabling work is required as part of
any installation, all new cables shall be used and marked clearly and
legibly at both ends, and must meet all applicable Electronic Industries
Allianceffelecommunications Industry Alliance (EIA!flA) wiring standards
for commercial buildings.
8.
The CONTRACTOR shall install additional telephones (inmate and
visitation) and monitoring and recording equipment as needed at no cost
to the COUNTY. This includes expansion to the existing Facilities and any
newly constructed Facilities. This shall be done throughout the Agreement
term and all subsequent renewal terms.
9.
The CONTRACTOR shall provide and install adequate surge and lightning
protection equipment on all equipment used for the ITS. The
CONTRACTOR shall be responsible for maintaining, replacing or
upgrading the surge and lightening protection at no cost to the COUNTY.
10.
The CONTRACTOR shall clean up and remove all debris and packaging
materials resulting from work performed.
11.
The CONTRACTOR shall restore to original condition any damage to the
COUNTY'S property caused by maintenance or installation personnel
associated with the CONTRACTOR, including repairs to walls, ceilings,
etc.
12.
The CONTRACTOR agrees to install, repair and maintain all the
CONTRACTOR provided equipment and cabling, including but not limited
to any wiring or cable work required from the demarcation location
throughout the Facilities at no cost to the COUNTY.
All the
CONTRACTOR-provided equipment, installation, maintenance and repair
costs as well as all costs or losses due to vandalism shall be the total
responsibility of the CONTRACTOR.
13.
Upon completion of the initial installation and any ongoing installations, the
CONTRACTOR must provide the COUNTY and its Designated Agent with
a list of telephone numbers, station identifiers, equipment specifications
and locations of each unit.
14.
The CONTRACTOR shall work with the COUNTY, its Designated Agent,
and the incumbent CONTRACTOR to ensure an orderly transition of
services and responsibilities under the Agreement and to ensure the
continuity of the services required by the COUNTY.
Exhibit A
15.
D.
Upon expiration, termination, or cancellation of the Agreement, the
CONTRACTOR shall cooperate in an orderly transfer of responsibilities
and/or the continuity of the services requi red under the terms of the
Agreement to an organization designated by the COUNTY. The
CONTRACTOR shall provide and/or perform any or all of the following
responsibilities:
a.
The CONTRACTOR acknowledges that the call records, call and
visitation recordings, documentation, reports, data, etc., contained
in the ITS are the property of the COUNTY. The CONTRACTOR
agrees that the workstations shall become the property of the
COUNTY after expiration, cancellation, or termination of this
Agreement so that the COUNTY will have access to all the call
records, call and visitation recordings, documentation, reports,
data, etc. that are contained in the ITS. Further, the call detail
records, call and visitation recordings, documentation, reports,
data, etc. shall be provided to the COUNTY by the CONTRACTOR
in a workable, software-compatible format at no cost to the
COUNTY.
b.
The CONTRACTOR shall discontinue providing service or
accepting new assignments under the terms of the Agreement, on
the date specified by the COUNTY. The CONTRACTOR agrees to
continue providing all of the services in accordance with the terms
and conditions, requirements and specifications of the Agreement
for a period not to exceed ninety (90) calendar days after the
expiration, termination or cancellation date. Commissions will be
due and payable by the CONTRACTOR to the COUNTY at the
compensation rate provided in the Agreement until collect, debit
and/or pre-paid calls are no longer handled by the CONTRACTOR.
16.
All ITS inside wiring shall become the property of the COUNTY at the
conclusion of the Agreement. The CONTRACTOR agrees to remove its
equipment at the conclusion of the Agreement in a manner that will allow
the reuse of that wire distribution.
17.
The COUNTY requires the CONTRACTOR to have the capability to
provide a turnkey solution including collect, debit and pre-paid collect
calling.
ITS Service and Support Requirements
1.
CONTRACTOR shall be responsible for maintenance support on a twentyfour (24) hour, seven (7) day per week basis. All support personnel must
be capable of completing a security screening prior to admittance to the
Exhibit A
Facilities. Telephone support shall be available to accept calls regarding
maintenance twenty-four (24) hours a day, seven (7) days a week.
2.
CONTRACTOR shall exhibit a best effort approach to the completion of
repairs or replacement during the first twenty-four (24) hours following
notification of a problem. The CONTRACTOR shall provide a remedy for
revenue lost due to system outages or issues not resolved timely. The
COUNTY and/or its Designated Agent shall be notified of progress and or
delays in progress until there is resolution of the problem. CONTRACTOR
shall notify the COUNTY and/or its Designated Agent any time a
technician will be dispatched to the Facilities. The successful
CONTRACTOR shall respond to telephone requests for maintenance
within two (2) hours from the initial call for service and be on-site within
four (4) hours after the initial notification for physical diagnosis and/or
repairs.
3.
CONTRACTOR shall ensure that all inmate and visitation telephones are
operable no less than 98% of the time on a monthly basis ("in-service
ratio") per Facility. The in-service ratio excludes downtime associated with
regularly scheduled maintenance/upgrades, facility lock-downs or power
outages beyond the CONTRACTOR'S control, which require the inmate
and visitation telephones to be shut-off. In the event the CONTRACTOR
does not restore service to the inmate and visitation telephones to
maintain/meet the in-service ratio, the CONTRACTOR may incur
liquidated damages of five hundred dollars ($500.00) per day until the day
the in-service ratio is met. In no event will natural disasters or acts of God
cause the CONTRACTOR to incur liquidated damages. Should the
CONTRACTOR incur liquidated damages, the Sheriff's Department and/or
Probation Department will invoice the CONTRACTOR. Payment for the
invoice will be due the Sheriff's Department and/or Probation Department
within thirty (30) days of the CONTRACTOR'S receipt of the invoice.
4.
All costs for maintenance, support, repair of all software and equipment
will be borne by the successful CONTRACTOR.
5.
CONTRACTOR shall comply with the following requ irements when
handling end-user requests:
a.
CONTRACTOR shall provide end-users with multiple channels of
communication with CONTRACTOR including but not limited to:
24x7x365 customer service via telephone, online account access
and email. CONTRACTOR'S telephone option shall allow the enduser to reach a live CONTRACTOR representative at any time.
Exhibit A
b.
CONTRACTOR shall provide end-users with an automated method
for blocking their telephone number for calls from the Facilities
during the call acceptance process.
c.
Pre-paid collect account balances expire after six (6) months of no
activity.
1)
The County requires that the Contractor issue refunds to
end-users for any pre-paid funds remaining in any pre-paid
account upon the end-user's request whether the account is
active or inactive. Should an account be deactivated by the
Contractor after six (6) months and the end-user requests to
re-activate the account and receive calls from the Facility,
the funds shall be made available to the end-user by
Contractor. No fees shall be charged to the end-users for
refunds or reactivation of funds associated with a pre-paid
account.
2)
Contractor shall complete a pre-paid collect call if the enduser's pre-paid collect balance is sufficient to cover the cost
of a one (1) minute call.
3)
Contractor shall issue refunds within thirty (30) days of the
refund request.
6.
CONTRACTOR shall appoint an Account Executive ("AE") who will act as
a single point of contact for all inmate telephone-related activities,
inquiries, service requests and issues. The CONTRACTOR will provide a
toll free telephone number, for ITS issues. The CONTRACTOR shall also
provide a fax number and email address in its response to this RFP.
7.
CONTRACTOR shall provide the necessary labor, parts, materials, and
transportation to maintain all proposed telephones in good working order
and in compliance with the equipment manufacturer's specifications
throughout the life of the Agreement. No charge shall be made to the
COUNTY for maintenance of the ITS.
8.
Either party shall report to the other party any misuse, destruction,
damage, vandalism, liability, etc. to the ITS. CONTRACTOR will assume
liability for any and all such damages.
9.
All issues surrounding the ITS shall be reported by the CONTRACTOR to
the COUNTY or its Designated Agent promptly.
Exhibit A
E.
F.
ITS Training
1.
The CONTRACTOR shall provide onsite training to the COUNTY'S staff.
Additional training (onsite or via the web) shall be provided to new staff at
no cost to the COUNTY. Training manuals shall be provided to the
COUNTY'S staff at all training meetings and will become the property of
the COUNTY.
2.
When requested by the COUNTY, informational pamphlets shall be
available to inmates and shall describe the applicable features and
functionalities of the ITS.
3.
The CONTRACTOR shall also provide full documentation for all of the ITS
features.
ITS Call Rating and Commission Accountability
1.
CONTRACTOR shall provide, without limitation, the following combination
of bill types: collect, pre-paid collect, debit and free. In no event shall
CONTRACTOR remove the provision of any bill type without prior written
approval of COUNTY.
2.
The COUNTY requires that the monthly collect threshold is set at a
minimum of one hundred dollars ($100.00) per telephone number.
3.
The CONTRACTOR shall ensure all debit and credit card electronic
payment mechanisms are Payment Card Industry (PCI) compliant.
4.
The calling rates are specified in Exhibit C.
5.
The CONTRACTOR shall submit a request in writing to the COUNTY and
receive the COUNTY'S written approval before any new calling rate
increases or decreases are implemented. The COUNTY will respond in
writing to the CONTRACTOR'S request.
a.
Should the CONTRACTOR decrease the calling rates without the
express written approval of the COUNTY, the CONTRACTOR shall
be responsible for paying commissions on the Gross Revenue as
determined by applying the calling rates prior to the unapproved
change.
b.
Should the CONTRACTOR increase the calling rates without the
express written approval of the COUNTY, the CONTRACTOR must
issue refunds to all overcharged end-users or inmates within five
(5) business days. A list of the issued credits shall be provided to
the COUNTY and/or its Designated Agent as documentation.
Exhibit A
c.
If the CONTRACTOR is unable to issue refunds or provide
documentation, the CONTRACTOR shall issue a payment to the
COUNTY as concession. The payment amount shall be in the
amount of the CONTRACTOR'S portion of the Gross Revenue
generated form the overbilled calls.
d.
No commission refund shall be due from the COUNTY to the
CONTRACTOR for unapproved rate increases.
6.
The CONTRACTOR shall implement any rate adjustments requested by
the COUNTY within ten (10) days of said request, subject to regulatory
approval.
7.
Any change in tariff which is not approved by a designee of the COUNTY
in writing in advance of the change shall be grounds for termination of the
Agreement.
8.
The CONTRACTOR must support the ability to have multiple rate
schedules at the Facilities. For example, state or federal inmates may
require the application of unique rate schedules for those inmates only
without impacting rates charged to other inmates.
9.
COUNTY reserves the right to recoup from the CONTRACTOR certain
administrative and operational expenses ("Cost Reimbursement
Payment") in connection with the provision of interstate and/or intrastate
inmate telephone services (ITS) (or both). Such Cost Reimbursement
Payment may take the form of a per-minute rate, flat monthly payment, or
other fee structure. The Cost Reimbursement Payment shall be due and
payable upon receipt of the invoice by the CONTRACTOR. COUNTY may
accompany the Cost Reimbursement Payment invoice with a supporting
report documenting the administrative and operational expenses incurred
by COUNTY in association with the ITS covered by the Cost
Reimbursement Payment.
10.
COUNTY does not require a Cost Reimbursement Payment upon
execution of the Agreement. In the event COUNTY wishes to utilize its
option to implement the Cost Reimbursement Payment, then, at
COUNTY'S request, COUNTY and the CONTRACTOR shall negotiate in
good faith an amendment to the Agreement reasonably acceptable to
COUNTY to document the COUNTY-imposed Cost Reimbursement
Payment. If the CONTRACTOR and COUNTY are unable to mutually
agree on such an Agreement amendment within thirty (30) days of
COUNTY'S request, then COUNTY may terminate the Agreement at its
sole discretion and without penalty or liability to COUNTY, and COUNTY
may select another ITS provider.
Exhibit A
11.
Should a material change in the rules or policies of the FCC or other
regulatory body applicable to ITS occur following the execution of this
Agreement, which change affects (a) the ITS rates permitted to be
charged by the CONTRACTOR to inmates under this Agreement; (b) the
right of COUNTY to recover its ICS costs; or (c) the ability of the
CONTRACTOR to pay to COUNTY site commissions, fees (including but
not limited to the Cost Reimbursement Payment) or other ITS cost
recovery mechanisms, then, at COUNTY'S request, the CONTRACTOR
and COUNTY will negotiate in good faith an amendment to the Agreement
reasonably acceptable to COUNTY that enables COUNTY to fully recover
its ITS costs in a manner compliant with the change in the regulatory
body's or the FCC's ITS rules or policies. If the CONTRACTOR and
COUNTY are unable to mutually agree on such an Agreement
amendment within thirty (30) days of COUNTY'S request, then COUNTY
may terminate the Agreement at its sole discretion and without penalty or
liability to COUNTY, and COUNTY may select another ITS provider.
12.
The CONTRACTOR shall calculate the raw duration of each inmate
telephone call in seconds based on the time the call is accepted and the
time the call is terminated by the ITS. For calls where the duration is at
least one (1) second, the duration, in seconds, shall be rounded up to the
next whole minute increment and shall be converted from rounded
seconds to minutes before the calling rates are applied.
13.
During the call rating process, the CONTRACTOR shall round the raw
calculated call amount to the nearest hundredth decimal place (up or
down) using normal accounting practices.
14.
Gross Revenue, generated by and through the proposed ITS and through
additional contracted services, consists of all compensation, earnings,
gain, income, generated revenue, payment, proceeds or receipts paid to
or received by the CONTRACTOR that are in any way connected to the
provision of service pursuant to this Agreement. Gross Revenue includes,
by way of example and not limitation, all the following: all surcharges, per
minute fees and any additional fees and/or charges generated by the
completion of all calls (including any combination of free , collect, debit,
and
pre-paid
local,
lntralata/lntrastate,
lntralata/lnterstate,
lnterlata/lntrastate, lnterlata/lnterstate and International calls), additional
fees and/or charges added to the total cost of a call or added to the called
party's bill or any other compensation received by the CONTRACTOR.
15.
The CONTRACTOR shall not reduce total Gross Revenue (as defined
above) for any deductions associated with unbillable calls, bad debt,
uncollectible calls, fraudulent calls, LEC adjustments or any other
CONTRACTOR expense.
Exhibit A
16.
Any additional fees or changes in the approved fees to be added to the
called party's bill or paid by the calling or called party (including those
associated with establishing/funding pre-paid collect accounts) for inmate
telephone calls from the Facilities must be approved by the COUNTY prior
to implementation.
a.
Any charges/fees or changes in the approved fees added to the
called party's bill or paid by the calling or called party without the
express written consent of the COUNTY shall incur a fine of five
hundred dollars ($500.00) per day from the date the additional
charges/fees were first added through the date the charges/fees
were discontinued.
b.
The COUNTY shall notify the CONTRACTOR of any unapproved
additional fees, changes in the approved fees and/or charges of
which the COUNTY becomes aware of and shall provide the
CONTRACTOR with an invoice for the total fine due, for which the
CONTRACTOR shall remit payment to the COUNTY within thirty
(30) days.
17.
Should the COUNTY and the CONTRACTOR mutually agree that the
charges/fees are to be discontinued, the CONTRACTOR shall refund
each called party for the unapproved charges/fees from the date the
charges/fees were implemented until the date the charges/fees were
discontinued.
18.
A call is deemed complete, and considered part of Gross Revenue (as
described above), when a connection is made between the inmate and the
called party, whether such connection is established by positive
acceptance or by live or automated machine pick-up (e.g. when the ITS
considers a tone from an answering machine, voicemail, etc. as
acceptance). The call shall be deemed complete and commissionable
regardless if the CONTRACTOR can bill or collect revenue on the call.
Pre-paid calls include, but are not limited to, those calls completed by
using a pre-paid card as well as all calls which have been pre-paid by any
person or entity and by any method of payment.
19.
The CONTRACTOR shall pay commission on the total Gross Revenues
before any deductions are made for unbillable calls, bad debt,
uncollectible calls, fraudulent calls, LEC adjustments, or any other
CONTRACTOR expenses.
a.
Complimentary calls associated with the CONTRACTOR'S pre-paid
collect program are free and shall not be commissioned. Such
Exhibit A
complimentary calls with the documented in the Call Detail Records
(CDRs).
b.
Commission for debit calls shall be based upon total Gross
Revenues, as specified above, generated from debit call usage and
is payable pursuant to the COUNTY requirements regarding
commissions and reporting. On or before the tenth (101h} day
following the month of traffic, the CONTRACTOR shall submit a
monthly invoice and corresponding usage report to the COUNTY
and/or it Designated Agent for the full amount of the debit usage
(less any issued credits/adjustments) for the prior traffic month.
c.
Commission for pre-paid cards shall be based on the face value of
the pre-paid cards purchased by the COUNTY. Commission shall
be due to the COUNTY in the traffic month the COUNTY placed the
pre-paid card order and payable pursuant to the COUNTY
requirements regarding commissions and reporting.
1)
2)
d.
The CONTRACTOR shall invoice the COUNTY the full
amount of the pre-paid cards purchased within fifteen (15)
days of receipt of the pre-paid cards.
Should the COUNTY cancel the pre-paid card services at
the Facilities, the CONTRACTOR shall deactivate and
refund to the COUNTY the amount of any unused pre-paid
cards which have a full balance at the time of the
cancellation of the pre-paid card program.
Calls to telephone numbers that appear on the free call list supplied
by the COUNTY shall not generate revenue for the CONTRACTOR
and shall not be commissionable to the COUNTY. Only those
numbers designated by the COUNTY on the free call list shall be
marked as "Free" in the ITS.
20.
The COUNTY shall not be liable for any of the CONTRACTOR'S costs
including, but not limited to, taxes, shipping charges, network charges,
insurance, interest, penalties, termination payments, attorney fees,
liquidated damages or any other CONTRACTOR costs.
21.
Notwithstanding the foregoing, Gross Revenue does not include:
a.
Pre-Paid Collect Fees. Pre-paid collect fees are defined as fees
imposed on called parties who set up and/or fund a pre-paid collect
account with the CONTRACTOR or a third party (i.e. Western
Union) to accept calls. The approved pre-paid collect fee is
specified in Exhibit C. Any changes to the approved fee must be
Exhibit A
approved by the COUNTY and are subject to the penalty defined
above if not approved by the COUNTY in advance.
b.
Required regulatory charges and taxes that are intended to be paid
by the called party and then remitted one hundred percent (100%)
by the billing party to the appropriate governmental agency.
c.
A "Free" call shall be defined as a call not generating any revenue
or compensation for the CONTRACTOR. Calls to telephone
numbers that appear on the free call list supplied by the COUNTY
or from inmate telephones approved by the COUNTY to process
free calls shall not generate revenue or compensation for Contactor
and shall not be commissionable to the COUNTY. Only those
numbers designated by the COUNTY on the free call list and
inmate telephones approved by the COUNTY to process free calls
shall be marked as "Free" in the ITS and designated as such in the
call detail records. In the event the CONTRACTOR completes
unauthorized free calls, the completed calls will be considered part
of Gross Revenue and commission for the calls shall be due and
payable under Appendix J, Section 7.5 - ITS Call Rating and
In the event the CONTRACTOR
Commission Accountability.
receives revenue or compensation, notwithstanding the source,
from any third party related to a completed free call, such revenue
shall be included in Gross Revenue and commissionable to
COUNTY. The COUNTY reserves the right to enter a free number
in the ITS as deemed appropriate by the COUNTY and without the
assistance of the CONTRACTOR.
22.
The CONTRACTOR shall provide commission payments and traffic detail
reports to the COUNTY and/or its Designated Agent no later than the
fifteenth (151h) day of the month following the month of traffic. The
COUNTY prefers commission payments be sent via wire transfer. The
COUNTY requires that traffic detail reports be sent via electronic format.
23.
Traffic detail reports shall include a detailed breakdown of all traffic,
including but not limited to all collect, debit pre-paid calls and voicemails
for each inmate telephone or inmate telephone station at the Facilities.
Traffic detail shall include, at a minimum, each of the following items for
each inmate telephone station broken down by collect, debit and pre-paid
call types:
a.
b.
c.
Facility Name;
Facility Identification Number/Site Identification Number;
Automatic Number Identifier;
d.
Inmate Telephone Station Port/Identifier;
e.
Inmate Telephone Location Name;
Exhibit A
f.
g.
h.
i.
j.
k.
I.
m.
n.
o.
Local Calls, Minutes, Gross Revenue (Per Inmate Telephone);
lntralata/lntrastate Calls, Minutes, Gross Revenue (Per Inmate
Telephone);
lnterlata/lntrastate Calls, Minutes, Gross Revenue (Per Inmate
Telephone);
lntralata/lnterstate Calls, Minutes, Gross Revenue (Per Inmate
Telephone);
lnterlata/lnterstate Calls, Minutes, Gross Revenue (Per Inmate
Telephone);
International Calls, Minutes Gross Revenue (Per Inmate
Telephone);
Number of Voicemails, Voicemail Minutes, Gross Revenue (Per
Inmate Telephone);
Commission Rate (%);
Total Calls, Voicemails, Minutes, Revenue and Commission
Amount (Per Inmate Telephone); and
Traffic Period and Dates.
24.
The CONTRACTOR shall supply a report of all pre-paid card orders
processed during the traffic month to include (at a minimum) the order
date, invoice number, invoice date, gross amount of the order,
commission rate and commission total.
25.
Commission discrepancies must be resolved by the CONTRACTOR within
thirty (30) days of receipt of notification of a discrepancy from the
COUNTY or its Designated Agent or such discrepancy is subject to late
charges, as described below and/or termination of the Agreement at the
sole discretion of the COUNTY, and/or any other legal course of action the
COUNTY elects to pursue.
26.
Commission payments, traffic detail reports, billing files, call detail records
("CDR"), miscellaneous charges/fees report, reports and/or reports not
containing the required fields received by the COUNTY or its Designated
Agent after the due date are subject to late charges. The due date for all
payments and reporting is the fifteenth (15th) day of the month following
the month of traffic. Late charges for commission payments shall be equal
to five percent (5%) per month of the commission due. Late charges for
reporting shall be a fee of seven hundred and fifty dollars ($750.00) per
month for each report not received by the fifteenth ( 15th) day of the month
following the traffic month.
27.
The CONTRACTOR shall provide monthly platform CDRs, billing, and
miscellaneous charges/fees report files which shall be delivered to the
COUNTY and/or its Designated Agent no later than the fifteenth (151h) day
of the month following the month of traffic.
Exhibit A
28.
The CONTRACTOR shall provide monthly billing files in the raw and
unedited EMI format (with all fields and content) which CONTRACTOR
utilizes to prepare and submit to the Local Exchange Carrier (LEC) for
billing to the called party. The billing files, in EMI format, shall contain all
fields that are legally permitted to be released, with the contents of said
fields in the exact format as those files prepared and submitted for billing
to the billing company and ultimately delivered to the called party. The
billing files shall include, without limitation, the following fields.
a.
b.
c.
d.
e.
f.
g.
h.
i.
J.
k.
I.
m.
n.
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p.
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s.
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29.
Record ID;
Facility Name;
Facility ID;
From ANI, it applicable;
ToANI;
Minutes of Use;
Date (yymmdd);
Connect Time (hhmmss);
Billable Time (mmmmss);
Multiple Rate Indicator;
Originating City;
Originating State;
Bill City;
Bill State;
Rounded Bill Time Indicator;
Bill Number;
LATA ID;
Settlement Code;
Message Type;
Charge Amount;
Specialized Calling Indicator;
Tax Exempt Indicator;
Rate Period; and
Rate Class.
The raw CDRs shall contain all calls (both attempted and completed), and
inbound voicemail messages and voicemail retrievals, which originate
from the Facilities for each day and each time of the day for the period
said raw CDRs are requested. The raw CDRs shall contain the unedited
data including all fields and all field content which is legally permitted to be
released. When requested, the CDRs shall be accompanied with a
complete file map and complete file legend. The raw CDRs shall include,
without limitation, the following fields:
a.
b.
c.
Facility Name;
Facility ID;
Batch - Export Batch Number;
Exhibit A
d.
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
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p.
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y.
z.
aa.
bb.
cc.
dd.
ee.
30.
CSN;
Station ID;
Trunk ID;
Phone Name or Location;
Source ANI;
Termination ANI;
Call Start (yymmdd; mmss);
Call End (yymmdd; mmss);
Duration in Seconds;
Language;
Completed Flag;
Bill Type (e.g. free, collect, etc.);
Call Charge;
Taxes and Fees;
Total Charge;
Call Type (e.g. local, etc.);
From City;
From State;
To City;
To State;
Export Date I Revenue Period;
Termination Type/End Type;
Inmate ID;
CDR PIN;
Call Tax Amount;
Direct Billed;
Third Party PIN; and
LI DB status.
The CONTRACTOR shall provide a monthly miscellaneous charges/fee
report on or before the 15th day of the month following the month of traffic
which shall be associated with all collect, pre-paid and debit calls. The
miscellaneous fees/charges report shall include a breakdown of all fees
and charges applied to (without limitation) calls, transactions and accounts
from the Facilities and covered under the Agreement, including but not
limited to: pre-paid collect fee(s), monthly billing fee(s), regulatory cost
recovery fee(s) , validation fee(s), etc. regardless of whether the
fee/charge was assessed directly by the CONTRACTOR or a third party.
a.
b.
c.
d.
e.
f.
g.
Facility ID;
Date;
From ANI;
To ANI;
Billed ANI;
Transaction Type;
Bill Type;
Exhibit A
h.
i.
G.
Fee Type; and
Fee Amount.
ITS Technical Requirements and Specifications
1.
The following identifies the minimum requirements of the desired ITS:
a.
The ITS shall be capable of providing all operational features and
system requirements applicable to all calls placed through the
system, including local, long distance, and international calling.
The ITS shall also be capable of providing all operational features
and system requi rements applicable to visitation audio recording.
b.
The ITS shall be capable of providing current technology and web
based equipment with stand-alone on site host or central
processor. There must be multi-level password security access
with architecture that can be expandable to allow future growth.
The CONTRACTOR has the option to also include a proposal for a
centralized solution capable of providing all the afore mentioned
system requirements.
c.
With the initial implementation, the ITS shall support token based
authentication managed by the COUNTY and the COUNTY
agencies. Token authentication allows the COUNTY and the
COUNTY agencies to pass user credentials to the ITS using a
token ID. The ITS shall provide each user secure system access
based upon the token authorization which is to be pre-determined
by the COUNTY and the COUNTY agencies.
d.
Each call, having been identified as being placed through the
CONTRACTOR'S ITS, shall be delivered to the called party as a
collect call, debit and/or pre-paid call, if the debit and/or pre-paid
application is in effect and chosen as the means to place the call.
The called party should be able to hear call process.
e.
Telephone station equipment shall be powered by the telephone
line and require no additional power source. A power source will be
available at the demarcation location.
f.
The CONTRACTOR agrees to install the quantity of telephones,
enclosures and/or booths required by the COUNTY as outlined in
Exhibit A, Section W.
g.
The ITS shall comply with all Federal Communication and/or Utility
Commissions regulations.
The inmate telephone sets in all
Facilities shall be stainless steel and shall be sturdy, non-coin,
Exhibit A
vandal resistant and steel armored; the cord length for the inmate
and visitation phones is specified in Exhibit A, Section W. In
addition, the telephone sets shall be composed of durable, tamperfree equipment suitable for a correctional/detention environment
with placards containing dialing instructions. The telephones must
contain no removable parts. The CONTRACTOR shall post calling
rates near inmate telephone sets.
h.
The CONTRACTOR shall provide a sufficient number of
telephone/trunk lines to the ITS to allow inmates the opportunity to
place calls ninety-nine and a nine tenths percent (99.9%) of the
time. The CONTRACTOR shall provide a monthly report showing
the ITS call completion percentage per inmate telephone station.
i.
After the dialing sequence and completion of the inmate voice
verification, the inmate shall be put on-hold. The inmate shall be
permitted to monitor the call progress but shall not be allowed to
communicate with the called party, until the call is positively
accepted.
j.
The CONTRACTOR shall provide telephone reception quality at
least equal to the toll quality offered to the general public and shall
meet telecommunication industry standards for service quality. All
inmate telephones installed must have the ability to be "amplified"
or include volume controls to be set by the inmates.
The
CONTRACTOR shall accept the COUNTY'S decision regarding
whether the reception quality meets industry quality standards.
k.
Call acceptance by the called party shall be accomplished for all
collect, debit and pre-paid calls through caller confirmation (positive
acceptance). Voice recognition is not an acceptable method for
positive call acceptance. The ITS shall be able to recognize and
distinguish standard or irregular busy signals, standard or irregular
ringing signals, voicemail, mobile telephones, operator intercepts,
quick disconnects, no voice from called party, etc.
I.
The ITS shall process calls on a selective multi-lingual basis and
have capabilities for English, Spanish, Hmong and Russian. The
inmate must be able to select the preferred language utilizing a
simple code. During the call set up process, the ITS shall provide a
pre-recorded announcement identifying:
1)
2)
3)
That the call is coming from a correctional Facility;
The call is coming from a specific inmate; and
That the call "may be monitored and recorded ."
Exhibit A
2.
The ITS shall monitor the switch hook of the inmate telephones and if the
switch hook is depressed at any time, the call will be disconnected or an
internal dial tone should be activated to prevent fraud.
The
CONTRACTOR must assume all responsibility for fraud.
3.
The ITS shall provide a recording at the beginning of all collect calls
clearly identifying the call as a collect call to the called party. This
recording must be free of any toll charges.
4.
With each call, the ITS shall clearly identify the type of call being placed to
the called party: collect, free, etc. This recording must be free of any
charges.
5.
The ITS shall be able to accommodate either of the following options for
recordi ng and playback of an inmate's name to the called party:
a.
The inmate may record a name each time a call is placed. The
COUNTY requires no more than two (2) seconds be allowed for the
inmate to record a name; this setting shall be configurable in the
ITS.
b.
The inmate may record a name only once (with the first call
attempted); the recorded name will be stored in the ITS and shall
be played back with all subsequent call attempts.
6.
Written dialing instructions in English, Spanish, Hmong and Russian must
be permanently and prominently displayed on or near each inmate
telephone.
7.
The CONTRACTOR shall subscribe to the LEC Line Information
Screening Data Base (LIDS). The CONTRACTOR shall query this
database for each inmate call and process only those calls which do not
have Billed Number Screening (BNS). The CONTRACTOR must assume
all responsibilities for the cost and the accuracy of validation.
8.
The ITS shall provide a recording back to the inmate which details why a
call was not completed. The COUNTY reserves the right to request that
the CONTRACTOR modify/revise the recordings at any time during the
Contract at no cost to the COUNTY and within thirty (30) days of the
request.
9.
The ITS shall have the capability to allow a designated number of free,
local telephone calls per inmate. The COUNTY requ ires that the ITS allow
free local calls from each of the intake/booking inmate telephones.
Exhibit A
10.
The ITS shall be capable of allowing free local calls with speed dials for
certain numbers such as the Public Defender, Crime Stoppers, etc.
11 .
The CONTRACTOR'S ITS shall have the capability to be configured to
allow the inmate to remain muted while being able to hear the call
progress (ex: ringing on the line, voicemail pick-up, etc.)
12.
The ITS shall have the capability to program a specific speed dial code to
selected numbers as determined by the COUNTY.
13.
The CONTRACTOR'S ITS must be able to recognize rotary telephones to
ensure completion of all calls.
14.
The ITS user application shall allow the COUNTY to query the CDRs for
inmate activities and calling patterns.
15.
The ITS user application shall allow the following search criteria and filters
to be applied to the CDR queries:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
16.
Inmate Name (First, Last);
Inmate Personal Identification Number;
Record Identifier;
Date Range (Start Dateffime and End Dateffim);
Facilities;
Called Number;
Originating Number;
Station Port;
Station Name;
Call Type;
Bill Type;
Duration (minimum and maximum);
Call Amount;
Flagged Calls;
Monitored Calls;
Recording Type;
Completion Type;
Termination Type;
Validation Result;
Pre-Paid Card ID Number;
Phone Group(s);
Visitation Phone(s); and
Custom Search .
The ITS user application shall allow CDR query results to be exported in a
format selected by the COUNTY (.csv, PDF, Microsoft Excel 2003 or
greater, etc.).
Exhibit A
17.
The ITS user application shall be equipped, at a minimum, to generate the
following standard reports in addition to the CDRs:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
o.
p.
q.
r.
s.
t.
18.
Call Statistics by Date Range;
Frequently Called Numbers;
Frequently Used Personal Identification Numbers;
Commonly Called Number;
Call Detail Report;
Gross Revenue Report by Date Range;
Facility Totals and Statistics;
Called Party/Number Accepting Report;
Fraud/Velocity Report;
Total Calls;
Calling List (PAN) Report;
Pre-Paid Card Report;
Debit Usage Report;
Debit Balance and Funding Report;
Pre-Paid Card Balance Report;
Bill and Call Type Distribution;
Phone Usage;
Reverse Look-Up;
User Audit Trail; and
Voice Verification.
ITS reports that can be provided or sorted by any or all of the following
criteria:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
o.
p.
q.
Call detail report;
Amount charged per call;
Gross revenue;
Daily statistics;
Monthly statistics;
Called party/number accepting report;
Fraud/velocity report;
Separate facility totals and statistics;
All Facility totals and statistics;
Total calls;
Calls by date;
Pre-paid card report;
Debit usage report;
Bill and call type distribution;
Time of day;
Length of a call; and
Calls being denied by validation.
Exhibit A
19.
The ITS shall also provide the capability to customize reports in a form
mutually agreed upon by the COUNTY and/or its Designated Agent and
the CONTRACTOR.
20.
The system platform CDRs shall be stored in a minimum of three (3)
locations and/or centralized storage systems that have an N+ 1
redundancy, to avoid any possibility of call detail records being lost.
21.
The ITS shall store all call detail records, including all attempted and
completed calls at the Facilities for the life of the Agreement. The
COUNTY shall have access to all call detail records from all workstations
and remote access computers, based on the user's access level.
22.
Within 120 days of the date the Agreement is executed by both parties,
the CONTRACTOR shall provide the COUNTY with the capability to
search and query end-user pre-paid account information for investigative
purposes to the extent the CONTRACTOR is legally allowed to provide
certain information. The COUNTY shall also be capable of validating
account holder status, number of pre-paid deposits and associated
amounts, generating reports identifying, at a minimum, associated
telephone numbers, method of payment, inmates from which calls are
accepted, the number of completed calls with an associated date and
time, any pre-paid funding fees and other applied charges and taxes.
23.
The ITS shall have the capability to perform remote diagnostics to the ITS
to determine if a problem is with the telephone unit or with the telephone
port. Remote diagnostic tests shall be, at a minimum, run one time each
day on each telephone. The CONTRACTOR shall provide a report each
day for all remote diagnostics performed to the ITS exhibiting the problem
and resolution.
24.
The CONTRACTOR shall provide accommodations necessary to comply
with Americans with Disabilities Act (ADA) requirements including, but not
limited to, providing telephones which are accessible to persons in
wheelchairs and providing systems that are compatible with Telephone
Devices for the Deaf (TDD).
a.
The CONTRACTOR shall provide the number of TDD telephones
as specified in Exhibit A, Section W.
b.
TDD telephones shall be compatible with the ITS and work on any
inmate telephone at the Facilities. CONTRACTOR shall provide
dedicated ports on the ITS for the purpose of TDD calls. COUNTY
reserves the right to revise the TDD configuration at any time.
Exhibit A
c.
TDD calls shall be subject to call control configuration in the ITS
and shall be recorded and monitored. At a minimum, each TDD call
shall be converted to text and attached to the call recording within
the ITS and shall be retrievable via the ITS user application.
d.
TTY to TTY calls shall be rated by CONTRACTOR based on the
calling rates specified in Exhibit C.
e.
TTY calls through the California Relay Service shall be processed
through a speed dial, at no cost to the inmate or called party.
25.
The ITS shall offer the called party an option to receive a rate quote during
the call set-up process. The ITS must repeat the options to the called
party a minimum of two (2) times during the initial call process.
26.
The ITS shall be capable of accommodating pro bono calls to Consulates
for all countries which may be required for ICE detainees and foreign
nationals. This option, when requested by the COUNTY, shall be
provided at no cost to the COUNTY.
27.
The CONTRACTOR shall have the capability to establish an informant
line. Calls to the informant line shall be free, provided at no cost to the
GOU NTY and shall be routed via the ITS to a destination designated by
the COUNTY.
28.
The CONTRACTOR shall work with the COUNTY on the implementation
of a reporting line which complies with the Prison Rape Elimination Act
(PREA) of 2003. The PREA line shall be set up at no cost to the
COUNTY. At a minimum, the CONTRACTOR shall:
a. Route free calls via the ITS to a destination provided and
designated by the COUNTY, which destination may be the same as
that used for the Facilities' informant line.
b. Provide a telephone line at no cost to the COUNTY dedicated for
the PREA calls to which the calls will be routed as free.
29.
At the COUNTY'S discretion, the ITS shall have the capability of allowing
free, recorded calls to the Correctional Health Services advice nurses to
facilitate the triage of medical complaints for nurse's sick call at each
facility. The CONTRACTOR shall designate a speed dial for the
Correctional Health Services number and inmates shall have the capability
of dialing this number from any inmate telephone located within the
facilities.
The CONTRACTOR shall be prepared to accommodate
telephone spacing needs as requested by the COUNTY to ensure
compliance with confidentiality concerns regarding access to health
Exhibit A
services. The COUNTY shall provide the CONTRACTOR with the location
of the inmate telephones which shall be relocated for spacing reasons.
30.
H.
The pre-paid and/or debit application shall work with the ITS provided.
a.
The ITS shall provide the inmate with the balance of their debit
and/or pre-paid account at the time of the call.
b.
The ITS shall allow international calls using the pre-paid and/or debit
application.
c.
The pre-paid and/or debit application shall have the capability to
terminate a debit account and refund monies to the inmate or end
user.
d.
The debit application shall have the capability to interface with the
COUNTY'S commissary system for ease of transferring money from
the inmate's trust fund/commissary account to the ITS. It is the
CONTRACTOR'S responsibility to create and establish the interface
with ARAMARK for the initial installation. The COUNTY shall not be
responsible for paying any amounts associated with the required
interface.
ITS Security, Control and Investigative Features
1.
The ITS shall provide as a minimum the following security, control and
investigative features:
a.
The ITS shall prohibit direct-dialed or incoming calls of any type.
b.
The ITS shall deny access to 800, 888, 877, 411, 555-1212, 900,
911, 950+ 1, 976 or 10-1 Oxxx numbers/services. Allow the blocking
of specific telephone number such as victims, witnesses, judges,
and the COUNTY staff.
c.
The ITS shall prohibit access to a live operator for any type of call.
d.
The ITS shall prohibit access to "411" information service.
e.
The ITS must be able to be shut down quickly and selectively. The
COUNTY must be able to shut down the ITS by cut-off switches at
several locations including, but not limited to:
1)
2)
At demarcation location,
By central control (manual master cut-off for all phones),
Exhibit A
3)
4)
f.
CONTRACTOR shall provide COUNTY with its initial and
continuous voice biometric technology ("Paladin I Investigator Pro")
at no cost to COUNTY. COUNTY shall be capable of running
investigative reports and research voice verification failures I
suspicious calls though the ITS user application.
1)
g.
By select housing units (manual cut-off switches in control
stations for individual phones),
Via workstation and/or remote access.
The CONTRACTOR must provide onsite assistance during
the initial enrollment process.
CONTRACTOR'S ITS shall integrate with COUNTY'S analytical
software at no cost to COUNTY.
2.
The ITS shall be capable of taking an individual station out of service
without affecting other stations or units.
3.
The ITS shall offer the option to record and monitor the visitation booths
those Facilities that opt to record inmate calls or visitation sessions.
4.
The ITS shall prevent any inmate telephone from receiving any incoming
calls. The CONTRACTOR shall work with the local exchange carriers
(LECs) to ensure such control.
5.
The ITS shall display the toll free telephone number for the
CONTRACTOR'S customer service center on the caller ID for all calls
initiated from the Facilities.
6.
The ITS shall provide simultaneous playback and continuous recording of
calls and visitation sessions on a real time basis. All call recordings and
visitation sessions shall be stored online for the life of the Agreement and
stored offline indefinitely.
7.
The recording playback function must be able to split inmate side of
conversation from called party side of conversation.
8.
Upon detection of such, the ITS shall have a fraud prevention feature that
can interject pre-recorded announcements, at any time during the
conversation, informing the parties that the call is from a correctional
facility, extra digits were identified, the parties have been silent, etc. The
CONTRACTOR shall provide a list of the available pre-recorded
announcements.
Exhibit A
9.
The ITS, upon detection of a three way call (call forwarding and
conference calls, etc.), shall have the capability to flag and/or terminate
the call immediately, including three-way calls initiated by cell phones.
Three-way calls shall be flagged in the call detail records as ''three-way
call."
10.
The ITS shall have the capability of answer detection.
11.
The ITS shall be capable of denying certain telephone numbers from
inmate dialing.
12.
The CONTRACTOR shall provide the COUNTY with three (3)
workstations at Main Jail and RCCC and one (1) workstation at YDF,
working real-time with the ITS, for such monitoring, recording and
reporting. The workstations shall each include a CD/DVD burner, flat
screen monitor, speakers (built in or external), mouse, keyboard,
data/audio burning software, printer and a licensed copy of Microsoft
Office (or equivalent). In addition to the CONTRACTOR-provided
workstations, and at the request of the COUNTY, the COUNTY shall
provide remote access to the ITS at no cost to the COUNTY.
a.
The provision of remote access shall allow the COUNTY the same
features and functionalities, permitted by the user's level of access,
available on a CONTRACTOR-provided workstation.
b.
The CONTRACTOR provided workstations at the Facilities shall be
of an approved make and model consistent with products currently
distributed by the COUNTY. These workstations shall have
modified Operating Systems, Group Policy and Anti-Virus
installation consistent with the COUNTY requirements.
13.
The ITS shall be capable of allowing calls to specified numbers at
specified times during the day.
14.
The ITS shall be capable of limiting the length of a call, providing the dial
tone at certain times of the day and allowing a maximum number of
minutes or seconds per inmate, per month. The required call time limit is
specified in Exhibit A, Section W.
15.
In all circumstances, the ITS shall limit the inmate to a single call request.
The ITS shall always require the inmate to disconnect the call in progress
and initiate another call.
16.
The COUNTY PIN application shall work with the ITS using all of the
features and functionalities described herein.
Exhibit A
a.
The ITS shall have the capability to interface with the COUNTY'S
booking/jail management system (JMS) so that the inmate PINs will
be automatically transferred, activated and deactivated in the ITS
based on the inmate's custody status. The current JMS for the
Sheriff's Department is Jail Information Management System
(JIMS).
The case management system for the Probation
Department is Juvenile Probation Information Program (JPIP). It is
the CONTRACTOR'S responsibility to identify the requirements
necessary to interface with JIMS and JPIP to ensure the
CONTRACTOR will be able to meet the auto-PIN requirement for
the initial installation. The COUNTY shall not be responsible for
paying any amounts associated with the required interface.
b.
The ITS shall be capable of interfacing with any JMS (current or
future) as well as any other additional providers as selected and
directed by the COUNTY. All interfaces shall be completed at no
cost to the COUNTY.
c.
The ITS shall have the capability to assign and use Personal
Identification Number (PIN) management. The PIN is the inmate's
X-Ref number which is generated by the JMS.
d.
The ITS shall have the capability to provide collect, debit and prepaid station-to-station calling utilizing a PIN.
e.
PINs shall be required for the booking phones.
f.
The ITS shall be capable, upon request by the COUNTY, to provide
specific information for tracking inmate calling activities and calling
patterns by individual telephone numbers. At a minimum, the
following reports shall be available for monitoring purposes:
1)
2)
PANs per inmate or identifying number; and
Calls by PIN or other identifying number.
g.
The PIN numbers shall be stored in a database that is accessible to
designated users, depending upon the user's password level.
h.
The ITS shall include, at a minimum, an alert system that will detect
and prohibit an attempted call made to a restricted number, an
attempted call using a restricted PIN, or an attempted call made
from a restricted telephone.
i.
The ITS shall be capable of transferring inmate information (ex:
PINs, PANs, etc.) from one Facility to another without requiring
manual re-entry of the inmate's information.
Exhibit A
17.
j.
Once an inmate's account has been activated in the ITS, the
inmate shall be allowed to place calls from any COUNTY Facility.
k.
The ITS shall be capable of documenting the date/time when an
individual PIN entry was added or modified in the ITS and
document the user making the change.
I.
The ITS shall be capable of accepting a bulk data import of existing
PIN information from the incumbent inmate telephone service
provider.
m.
The CONTRACTOR will provide alerts via Short Message Service
(SMS), email and automated recording. The system will have
notification capabilities to enable live listening via mobile device
without inmate knowledge.
The CONTRACTOR'S application (a.k.a. user interface) shall at a
minimum support:
a.
b.
c.
d.
e.
f.
g.
h.
1.
j.
The creation and deactivation of user accounts;
The creation and deactivation of inmate accounts;
The creation and modification of telephone numbers in the ITS;
The modification of which phones may be used by an inmate;
Locating and accessing a specific recording by utilizing a unique
recording/call identifier;
The ability to retrieve call detail data for a single phone;
Reverse look-up from the CDRs including the name, address and
aerial location for the called party;
The ability to retrieve the recording for a single call;
Block/unblock telephone numbers without the assistance of the
CONTRACTOR; and,
Configure an alert that will detect and prohibit a call made to a
restricted number, a call using a restricted PIN, or a call made from
a restricted telephone.
18.
The ITS shall be capable of permitting full monitoring and recording of all
calls from any telephone within the Facilities unless there are restrictions
that prohibit the recording and monitoring of certain calls such as attorneyclient restrictions. The ITS shall have the capability to exclude those calls.
19.
The ITS shall be capable of monitoring and recording all inmate and
visitation calls from any telephone within the Facilities unless there are
restrictions that prohibit the recording and monitoring of certain calls and
visitation sessions such as attorney-client privilege. The ITS shall be able
to exclude restricted or privileged calls and visitation sessions and clearly
Exhibit A
designate non-recorded calls/visitation session within the ITS user
application.
20.
The ITS shall allow designated users at the Facilities to play back a
recorded call/visitation session or a call in progress (e.g. live monitoring)
via the ITS user application.
21 .
All CDRs, including all attempted and completed calls and visitation
sessions, shall be stored online for the life of the Agreement and shall be
stored offline indefinitely.
22.
The CONTRACTOR shall be responsible for supplying all backup storage
media for the storage of call recordings at no cost to the COUNTY
throughout the life of the Agreement and any renewal terms.
23.
The CONTRACTOR shall pay the COUNTY liquidated damages in the
amount of five hundred dollars ($500.00) per each instance wherein the
COUNTY suffers one or more lost, unrecoverable or un-useable
recording(s). The COUNTY agrees to notify the CONTRACTOR of such
instances and provide up to seven (7) days per instance for
CONTRACTOR to produce the call recordings. The CONTRACTOR shall
be notified of the total amount due via written notice from the COUNTY.
The COUNTY will invoice the CONTRACTOR and payment shall be due
within thirty (30) days of the CONTRACTOR'S receipt of invoice.
24.
The ITS shall provide simultaneous playback and continuous recording of
calls and visitation sessions. The ITS shall have the capability to speed
up or slow down a call recording.
25.
The monitoring and recording of calls shall be selectively programmable
by one or all of the following:
a.
b.
c.
d.
Housing Unit;
Start and Stop Time and Date of Call;
Called Number; and
PIN.
26.
The ITS shall be capable of showing real time call activity on a
workstation. This activity shall be detailed by date of call, start time of call,
stop time of call, originating telephone station number and called number.
27.
Live monitoring shall allow the COUNTY to view, at a minimum, the
following information in chronological order. COUNTY shall be able to
pause a live call recording and resume playback (at the point of pause).
a.
Call Start Time;
Exhibit A
party's billing name, telephone number associated with the account and
billing address. This information shall be stored for the duration of the
Agreement and for four (4) years after expiration/termination of the
Agreement for purposes of aiding investigations.
I.
ITS Equipment
1.
All telephone equipment provided shall be new and completely operational
at the time of the initial installation.
2.
All equipment shall comply with Part 68 FCC Rules and meet or exceed all
applicable codes and standards for installation and service.
3.
All telephone instruments shall be line powered and have Universal Power
Supply (UPS) back-up power to ensure there is no loss of recordings or
real time· call data in the event of a power failure. The UPS shall have the
ability to maintain complete ITS functionality for a minimum period of 45minutes following the event of a power failure. The UPS back-up as other
equipment, whether or not specifically mentioned, to complete a total ITS
will be the responsibility of the successful CONTRACTOR and any and all
costs will be borne by the successful CONTRACTOR.
J.
ITS Upgrades and Performance Process
1.
CONTRACTOR shall perform extensive testing on all system changes or
upgrades prior to discussing with the COUNTY or its Designated Agent.
2.
CONTRACTOR shall provide the COUNTY with written notice, including
detailed information, of any new ITS software upgrades or features, within
thirty (30) days of the introduction of the new software or features into the
industry.
3.
CONTRACTOR shall adhere to the following performance process when
upgrading the ITS, software, equipment, or performing any changes to the
ITS at the Facilities. Any deviation from this process may result in
liquidated damages incurred by the CONTRACTOR. Such liquidated
damages will be equal to one thousand dollars ($1,000.00) per
occurrence. CONTRACTOR shall be notified of the total amount due via
The COUNTY will invoice the
written notice from the COUNTY.
CONTRACTOR and payment shall be due within thirty (30) days of the
CONTRACTOR'S receipt of invoice.
4.
The CONTRACTOR shall perform extensive testing on all system
changes 'or upgrades prior to introducing them to the COUNTY. At a
minimum, this shall include the following:
Exhibit A
a.
b.
c.
d.
e.
f.
K.
Extensive testing on a system identical to the ITS at the Facilities;
Network compatibility;
Circuit and interface testing;
Configuration I setting preseNation testing;
Call processing; international calling; and
Debit/pre-paid card calling.
5.
The CONTRACTOR shall receive written permission from the COUNTY,
before scheduling or proceeding with any functionality changes to the ITS
at the Facilities, especially if the changes will cause an interruption in
seNice or access to the ITS.
6.
The CONTRACTOR shall provide the COUNTY with written details
regarding any change to voice prompts or dialing procedures.
7.
The COUNTY, at its option, shall have a minimum of two (2) weeks to
notify inmates at the Facilities of any ITS changes that affect the inmates.
8.
The CONTRACTOR shall work with the Facilities to schedule changes
and/or upgrades during a time when the telephones are not being used
regularly by the inmates. The CONTRACTOR shall coordinate a
convenient time and day with the COUNTY to implement the changes or
upgrades to the ITS to avoid an interruption in seNice.
9.
The CONTRACTOR shall coordinate the presence of a technician at the
Facilities on the day of implementation to place test calls and ensure the
ITS is functioning properly.
10.
All said changes shall be made by the CONTRACTOR at no cost to the
COUNTY.
Additional Technology
1.
The CONTRACTOR shall provide COUNTY with its Attendant technology
at no cost to COUNTY. The Attendant shall provide automated information
to the inmates and the general public (location, visitation hours, court
dates, etc.) as approved by COUNTY.
2.
COUNTY reseNes the right to implement Vendor's electronic messaging
seNice upon the completion of an amendment to this Agreement. In the
event COUNTY implements electronic messaging, the rate and
commission for electronic messaging are specified in Exhibit C.
3.
COUNTY reseNes the right to implement CONTRACTOR'S Locaid
feature to assist with identifying the called party's physical location at the
time an inmate telephone call from the Facilities is accepted.
Exhibit A
L.
Facility Specifications
Facilit Specifications
Average Daily Population {ADP)
Number of Beds
Average Number of Visitors per
Day
Call Time Limit
Voicemail Time Limit
Visitation Time Limit
Inmate Telephones Required
Booths/Enclosures Required
Portable Carts
TDD Units Required
Visitation Phones (2 Phones Per
Station)
Cord Length Requirements
Workstations & Printers
Required
Coin Pay Telephones Required
Booking Kiosk
Lobby Kiosk
Tablets
Hots ots for Tablets
Main Jail
2,103
2,432
220
20 minutes
30 seconds
45 minutes
330
0
3
2
76 Stations I 152
Handsets
Inmate Phones 18"
Visitation Phones 24"
3
0
2
2
480
26
Exhibit A
RCCC
2,120
2,651
53
YDF
225
466
60
15 minutes
20 minutes
30 seconds
30 seconds
n/a
60 minutes
244
37
32 (4 sets of 8)
0
1
3
2
2
5 Stations I 10
117 Stations I 234
Handsets
Handsets
Inmate Phones 18" Inmate Phones 18"
Visitation Phones 24"
1
3
0
1
1
0
0
0
0
0
20
0
EXHIBIT B to Agreement
between the COUNTY OF SACRAMENTO,
hereinafter referred to as 11 COUNTY, 11 and
INMATE CALLING SOLUTIONS, LLC hereinafter referred to as "CONTRACTOR"
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting the CONTRACTOR'S indemnification, the CONTRACTOR shall procure
and maintain for the duration of the Agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Agreement by the CONTRACTOR, its agents, representatives or
employees. COUNTY shall retain the right at any time to review the coverage, form,
and amount of the insurance required hereby. If in the opinion of the County Risk
Manager, insurance provisions in these requirements do not provide adequate
protection for COUNTY and for members of the public, COUNTY may require the
CONTRACTOR to obtain insurance sufficient in coverage, form and amount to provide
adequate protection. COUNTY'S requirements shall be reasonable but shall be
imposed to assure protection from and against the kind and extent of risks that exist at
the time a change in insurance is required.
I.
VERIFICATION OF COVERAGE
The CONTRACTOR shall furnish the COUNTY with certificates evidencing
coverage required below.
Copies of required endorsements must be
attached to provided certificates. The County Risk Manager may approve
self-insurance programs in lieu of required policies of insurance if, in the opinion
of the Risk Manager, the interests of the COUNTY and the general public are
adequately protected. All certificates, evidences of self-insurance, and additional
insured endorsements are to be received and approved by the County before
performance commences. The COUNTY reserves the right to require that the
CONTRACTOR provide complete, certified copies of any policy of insurance
offered in compliance with these specifications.
II.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
A. GENERAL LIABILITY: Insurance Services Office's Commercial General
Liability occurrence coverage form CG 0001. Including, but not limited to
Premises/Operations, Products/Completed Operations, Contractual, and
Personal & Advertising Injury, without additional exclusions or limitations,
unless approved by the County Risk Manager.
B. AUTOMOBILE LIABILITY: Insurance Services
Automobile Liability coverage form CA 0001 .
Exhibit B
Office's
Commercial
1. Commercial Automobile Liability: auto coverage symbol "1" (any auto) for
corporate/business owned vehicles. If there are no owned or leased vehicles,
symbols 8 and 9 for non-owned and hired autos shall apply.
2. Personal Lines automobile insurance shall apply if vehicles are individually
owned.
C. WORKERS' COMPENSATION: Statutory requirements of the State of
California and Employer's Liability Insurance.
D. PROFESSIONAL LIABILITY or Errors and Omissions Liability insurance
appropriate to the CONTRACTOR'S profession.
E. UMBRELLA or Excess Liability policies are acceptable where the need for
higher liability limits is noted in the Minimum Limits of Insurance and shall
provide liability coverages that at least follow form over the underlying
insurance requirements where necessary for Commercial General Liability,
Commercial Automobile Liability, Employers' Liability, and any other liability
coverage (other than Professional Liability) designated under the Minimum
Scope of Insurance.
F. CYBER LIABILITY INCLUDING ERRORS AND OMISSIONS, IDENTITY
THEFT, INFORMATION SECURITY and PRIVACY LIABILITY
The minimum limits shall be not less than $1 ,000,000 per claim or incident
and $1,000,000 aggregate. Coverage shall include but is not limited to:
•
•
•
•
•
Ill.
Third party injury or damage (including loss or corruption of data)
arising from a negligent act, error or omission or a data breach
Defense, indemnity and legal costs associated with regulatory breach
(including HIPAA), negligence or breach of contract
Administrative expenses for forensic expenses and legal services
Crisis management expenses for printing, advertising, mailing of
materials and travel costs of crisis management firm, including
notification expenses.
Identity event service expenses for identity theft education, assistance,
credit file monitoring to mitigate effects of personal identity event, post
event services
MINIMUM LIMITS OF INSURANCE
The CONTRACTOR shall maintain limits no less than:
A. General Liability shall be on an Occurrence basis (as opposed to Claims
Made basis). Minimum limits and structure shall be:
Exhibit B
C. If coverage is cancelled or non-renewed, and not replaced with another
claims made policy form with a "Retro Date" prior to the contract effective
date, the CONTRACTOR must purchase "extended reporting" coverage for a
minimum of one (1) year after completion of the Agreement.
VI.
OTHER INSURANCE PROVISIONS
The insurance policies required in this Agreement are to contain, or be endorsed
to contain, as applicable, the following provision:
A.
All Policies:
I.
ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A-VII. The County Risk
Manager may waive or alter this requirement, or accept self-insurance in
lieu of any required policy of insurance if, in the opinion of the Risk
Manager, the interests of the COUNTY and the general public are
·
adequately protected.
2. MAINTENANCE OF INSURANCE COVERAGE: The CONTRACTOR
shall maintain all insurance coverages in place at all times and provide the
COUNTY with evidence of each policy's renewal ten (10) days in advance
of its anniversary date. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be canceled by either party,
reduced in coverage, or reduced in limits, except after thirty (30) days'
written notice for cancellation or sixty (60) days' written notice for nonrenewal has been given to the COUNTY. For non-payment of premium 10
days' prior written notice of cancellation, certified mail, return receipt
requested is required.
VII.
COMMERCIAL GENERAL LIABILITY AND COMMERCIAL AUTOMOBILE
LIABILITY
A. ADDITIONAL INSURED STATUS: The COUNTY, its governing Board,
officers, directors, officials, employees, and authorized volunteers and agents
are to be endorsed as additional insureds as respects: liability arising out of
activities performed by or on behalf of the CONTRACTOR; products and
completed operations of the CONTRACTOR; premises owned, occupied or
used by the CONTRACTOR; or automobiles owned, leased, hired or
borrowed by the CONTRACTOR. The coverage shall contain no endorsed
limitations on the scope of protection afforded to the COUNTY, its governing
Board, officers, directors, officials, employees, and authorized volunteers and
agents.
B. CIVIL CODE PROVISION: Coverage shall not extend to any indemnity
coverage for the active negligence of the additional insured in any case where
Exhibit B
an agreement to indemnify the additional insured would be invalid under
Subdivision (b) of Section 2782 of the Civil Code.
C. PRIMARY INSURANCE: For any claims related to this Agreement, the
CONTRACTOR'S insurance coverage shall be endorsed to be primary
insurance as respects the COUNTY, its governing Board, officers, directors,
officials, employees, and authorized volunteers and agents. Any insurance or
self-insurance maintained by the COUNTY, its governing Board, officers,
directors, officials, employees, and authorized volunteers and agents shall be
excess of the CONTRACTOR'S insurance and shall not contribute with it.
D. SEVERABILITY OF INTEREST: The CONTRACTOR'S insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
E. SUBCONTRACTORS: CONTRACTOR shall be responsible for the acts and
omissions of all its subcontractors and additional insured endorsements as
provided by CONTRACTOR'S subcontractor.
VIII.
WORKERS' COMPENSATION
Workers' Compensation Waiver of Subrogation: The workers' compensation
policy required hereunder shall be endorsed to state that the workers'
compensation carrier waives its right of subrogation against the COUNTY,
COUNTY, its governing Board, officers, directors, officials, employees, and
authorized volunteers and agents, which might arise by reason of payment under
such policy in connection with performance under this Agreement by the
CONTRACTOR.
Should the CONTRACTOR be self-insured for workers'
compensation, the CONTRACTOR hereby agrees to waive its right of
subrogation against COUNTY, its governing Board, officers, directors, officials,
employees, and authorized volunteers and agents.
X.
NOTIFICATION OF CLAIM
If any claim for damages is filed with the CONTRACTOR or if any lawsuit is
instituted against the CONTRACTOR, that arise out of or are in any way
connected with the CONTRACTOR'S performance under this Agreement and
that in any way, directly or indirectly, contingently or otherwise, affect or might
reasonably affect COUNTY, the CONTRACTOR shall give prompt and timely
notice thereof to COUNTY. Notice shall be prompt and timely if given within thirty
(30) days following the date of receipt of a claim or ten (10) days following the
date of service of process of a lawsuit.
Exhibit B
EXHIBIT C to Agreement
between the COUNTY OF SACRAMENTO
hereinafter referred to as "COUNTY,"
and INMATE CALLING SOLUTIONS, LLC
hereinafter referred to as "CONTRACTOR"
BUDGET REQUIREMENTS
I.
MAXIMUM PAYMENT TO THE CONTRACTOR
COMMISSION RATE AND MINIMUM ANNUAL GUARANTEE (MAG):
Per the CONTRACTOR'S Best and Final and subsequent Agreement negotiations, the
CONTRACTOR shall pay COUNTY a commission rate for the ITS applied on Gross
Revenue as described in Exhibit A, Section G of the Agreement and based on the
incremental Gross Revenue structure below. In the event the total monthly Gross
Revenue exceeds $350,000.00 for a period of 6 consecutive months, the
CONTRACTOR and COUNTY shall mutually negotiate an increase in the ITS
commission rate and MAG. Any changes to the commission and MAG will be
documented in an Amendment to this Agreement.
Gross Revenue Increment
$0 - $320,000.00
$320,000.01 - $330,000.00
$330,000.01 - $340,000.00
$340,000.01 - $350,000.00
$350,000.01 and Above
Commission Rate
27%
29%
31 %
33%
35%
Per the CONTRACTOR'S Best and Final Offer and subsequent Agreement
negotiations, the CONTRACTOR shall pay COUNTY a MAG in the amount of
$1,000,000.00 for each year of this Agreement. The CONTRACTOR shall provide a
monthly report detailing the cumulative sum associated with the Gross Revenue
generated by the ITS and monthly commission calculated at the commission rate
specified herein. If the total commission paid to COUNTY for 12 consecutive months,
beginning the first month the first call was placed via the ITS, is less than the MAG, the
difference shall be due to COUNTY or its Designated Agent on or before the 15th day of
the month following the 121h month of the applicable Agreement year. Any amounts due
to COUNTY shall be calculated by adding the monthly commission paid to COUNTY for
the traffic months of the current Agreement year and subtracting from the MAG.
If implemented and per the CONTRACTOR'S Best and Final Offer, the CONTRACTOR
shall pay COUNTY a commission of $0.20 per completed electronic message and $0.05
per completed photo message.
If implemented and per the CONTRACTOR'S Best and Final Offer, CONTRACTOR
Exhibit C
shall pay COUNTY 60% commission per completed voicemail message.
II.
COMMISSION PAYMENTS:
All ITS commission payments will be forwarded to COUNTY or its Designated Agent,
along with any required reports or other identifying information. Pursuant to Exhibit A,
Section G, the CONTRACTOR shall provide commission payments and reporting to
COUNTY and/or its Designated Agent no later than the fifteenth (15th) day following the
month of traffic. COUNTY requires commission payments be sent via wire transfer and
reports to be sent in electronic format. Please refer to Exhibit A, Section G for
requirements of traffic detail reporting, commission discrepancies, late charges for
reporting, provision of call detail records, billing files, miscellaneous fees/charges and
formats for all required reports.
Ill.
FINANCIAL INCENTIVE:
Per the CONTRACTOR'S Best and Final Offer and subsequent Agreement
negotiations, the Financial Incentive shall be Five Million Dollars ($5,000,000.00).
The Financial Incentive includes a $1,000,000.00 technology grant reserve which shall
be retained by CONTRACTOR towards the purchase of video visitation solution for
COUNTY and until requested by COUNTY. In the event the final cost associated with
the COUNTY'S chosen video visitation solution is less than $1 ,000,000.00, the
difference between shall be remitted to COUNTY for its Inmate Welfare Fund. In the
event COUNTY does not implement WS and subsequently the $1 ,000,000.00 is not
utilized to acquire a VVS prior to the termination or expiration of the Agreement,
CONTRACTOR shall issue the $1,000,000.00 technology grant reserve to COUNTY or
its Designated Agent.
CONTRACTOR shall issue the remaining, upfront Financial Incentive to COUNTY or its
Designated Agent within ten (10) days of the execution date of this Agreement.
Exhibit C
APPROVED RATES AND FEES:
Inmate Telephone Service
Local
Intralata/I ntrastate
Interlata/I ntrastate
Interlata/I nterstate
Domestic International
International
$0.25
$0.25
$0.25
$0.25
$0.25
n/a
$0.21
$0.21
$0.21
$0.21
$0.21
$0.50
Additional Technologies
Technology
Electronic Message
Limit
Fee(s)
Commission Offer
6,000 Characters
$0.50
30-Seconds
Not Applicable
$1 .00
$0.00
$0.20 per message
$0.05 per photo
60%
Not Applicable
Voicemail
Continuous Voice
Biometrics
Fees
Pre-Paid Collect Fee - Amount imposed on called parties who set-up I fund a pre-paid
collect account with the CONTRACTOR to accept calls from the Facilities utilizing a
credit card or debit card through the CONTRACTOR'S call center, kiosk, website or a
third-party.
Char e/Fee Name
Commissary, Debit or Inmate Trust Funding via Lobby Kiosk:
Pre-Paid Collect Funding Fee via IVR, Web or Lobby Kiosk:
Pre-Paid Collect Funding Fee via Live Representative:
Pre-Paid Collect Funding Fee via Cash, Money Order or Check:
Pre-Paid Collect Funding Fee via Third Party (i.e. MoneyGram,
Western Union, and etc.) - No Mark-Up
All Other Fees
Amount
$3.00
$3.00
$5.95
$0.00
$5.50
$0.00
All other fees are prohibited.
Exhibit C