FL Contract with T-Netix 2007

State DOC Contracts • Florida

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CONTRACT #C2372

CONTRACT BETWEEN
THE DEPARTMENT OF CORRECTIONS
AND
SECURUS TECHNOLOGIES, INC., THROUGH ITS WHOLLY OWNED SUBSIDIARY,
T-NETIX TELECOMMUNICATIONS SERVICES, INC.
This Contract is between the Florida Department of Corrections ("Department") and SECURUS Technologies,
Inc., through its wholly owned subsidiary, T-Netix Telecommunications Services, Inc. ("Contractor") which are
the parties hereto.
WITNESSETH
Whereas, the Department is responsible for the inmates and for the operation of, and supervisory and protective
care, custody and control of, all buildings, grounds, property and matters connected with the correctional system
in accordance with Section 945.04, Florida Statutes;
Whereas, the Contractor is a qualified and willing participant with the Department to provide statewide inmate
telephone services;
Whereas, this Contract is Revenue Generating and is not a purchase as contemplated by Chapter 287, Florida
Statutes;
Whereas, although not required to be procured through a competitive solicitation, this contract resulted from the
Department’s issuance of ITN #06-DC-7695.
Therefore, in consideration of the mutual benefits to be derived hereby, the Department and the Contractor do
hereby agree as follows:
I.

CONTRACT TERM AND RENEWAL
A.

Contract Term
This Contract shall begin on the date on which it is signed by both parties, and shall end at
midnight five (5) years from the date of execution. In the event this Contract is signed by the
parties on different dates, the latter date shall control.
This Contract is in its initial term.

Contract Renewal
The Department has the option to renew this Contract for one additional five (5) year period after
the initial Contract period upon the same terms and conditions contained herein and at the renewal
prices indicated in Section III, Compensation. Exercise of the renewal option is at the
Department’s sole discretion and shall be conditioned, at a minimum, on the Contractor’s
performance of this Contract and subject to the availability of funds. The Department, if it desires
to exercise its renewal option, will provide written notice to the Contractor no later than thirty (30)
days prior to the Contract expiration date. The renewal term shall be considered separate and shall
require exercise of the renewal option should the Department choose to renew this Contract.
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II.

SCOPE OF SERVICE
A.

Services to be Provided
The Contractor shall provide a fully operational, local and long distance, secure and reliable
statewide Inmate Telephone Service (ITS). The Contractor-provided ITS system shall be
inclusive of all equipment, installation, infrastructure and network, training, operation, and
ongoing repairs and maintenance of the entire system and its components which, at a
minimum, shall meet the Department’s requirements set forth in Section III, Scope of Service
of ITN #06-DC-7695, which is incorporated by reference herein, as if fully stated.
Emessaging services are also required to be provided by the Contractor.

Rules and Regulations
1.

The Contractor shall adhere to any and all municipal, state or federal requirements for
ITS installation, certification, training or registration during the life of the Contract.
Failure to comply with present and future municipal, state or federal requirements will
result in termination of the contract with the Contractor and the payment by
Contractor of any application fees, penalties, fines or other costs or monetary payment
assessed against or incurred by the Department for violation of such requirements.

The Contractor shall be responsible for compliance with all regulatory requirements
imposed by local, state and federal regulatory agencies for all ITS and related services
provided throughout the duration of the Contract.

The Contractor shall be responsible for making all ITS modifications necessary to
allow inmates to place calls in compliance with any industry dialing requirement
change(s) at no cost to the Department and within a time frame agreed to by the
Department’s Local Contract Coordinator - Operations, to ensure proper use of the
ITS by inmates and Department personnel.

The Contractor shall keep all call processing and call rating information current by
reporting all changes to the Contract Manager. This information shall include, but not
be limited to, local exchanges, area codes, country codes, vertical & horizontal
coordinates and any other information necessary to accurately process and rate calls.

The Contractor shall be responsible for complying with and updating the ITS for any
regulatory changes and requirements during the life of the Contract. These regulatory
changes include federal, state or local municipal modifications. These changes shall
be made within a time frame agreed to by the Department’s Local Contract
Coordinator - Operations and at no cost to the Department.

The Contractor shall ensure that the ITS provides telephone reception quality meeting
all industry standards for service quality as defined by the Florida Public Service
Commission (“FPSC”) and by the Federal Communications Commission (“FCC”).
The Contractor shall accept the Department's decision regarding determination of
quality.

The Contractor shall ensure that all of its work and materials comply with all local,
county, state and federal laws, rules, ordinances and regulations as well as with any
directive provided by inspectors appointed by proper authorities having jurisdiction at
each Department facility. Should violation of codes, laws, or statutes, or ordinances
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occur relating to this ITS project, the Contractor shall correct the situation at no cost to
the Department, including payment of any fines or penalties associated with the
violation.
C.

Communications
Contract communications will be in three (3) forms: routine, informal and formal. For the
purposes of this Contract, the following definitions shall apply:
1. Routine:
All normal written communications generated by either party relating to
service delivery. Routine communications must be acknowledged or answered within
thirty (30) calendar days of receipt.
2. Informal: Special written communications deemed necessary based upon either contract
compliance or quality of service issues. Must be acknowledged or responded to within
fifteen (15) calendar days of receipt.
3. Formal:
Same as informal but more limited in nature and usually reserved for
significant issues such as Breach of Contract, failure to provide satisfactory performance,
imposition of liquidated damages, or contract termination. Formal communications shall
also include requests for changes in the scope of the Contract and billing adjustments. Must
be acknowledged upon receipt and responded to within seven (7) days of receipt.
The Contractor shall respond to Informal and Formal communications by facsimile or email,
with follow-up by hard copy mail.
A date/numbering system shall be utilized for tracking of formal and informal communications.
The only personnel authorized to use formal contract communications are the Secretary of the
Department of Corrections, and Chief of Staff, the Department’s Contract Manager, and
Contract Administrator, and the Contractor’s CEO or Project Manager. Designees or other
persons authorized to utilize formal contract communications must be agreed upon by both
parties and identified in writing within ten (10) days of execution of the Contract. Notification
of any subsequent changes must be provided in writing prior to issuance of any formal
communication from the changed designee or authorized representative.
In addition to the personnel named under Formal Contract Communications, personnel
authorized to use Informal Contract Communications are the Department’ Local Contract
Coordinator and the Contractor’s ITS System Administrator and any comparable corporate
positions on behalf of the Contractor or other persons designated in writing by the
Contractor.
In addition to the Contract communications noted in Section II., C., in this Contract, if there is
an urgent administrative problem the Department shall make contact with the Contractor and
the Contractor shall orally respond to the Contract Manager within two (2) hours. If a nonurgent administrative problem occurs, the Department will make contact with the Contractor
and the Contractor shall orally respond to the Contract Manager within forty eight (48) hours.
The Contractor or Contractor’s designee at each institution shall respond to inquiries from the
Department by providing all information or records that the Department deems necessary to
respond to inquiries, complaints or grievances from or about inmates within three (3) working
days of receipt of the request.
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Contractor’s Responsibilities
The Contractor shall provide the following:
1.

4.
5.
6.

8.
9.
10.
E.

A comprehensive inmate telephone service that will allow for collect and prepaid calls
for local, interlata, intralata, intrastate, interstate and international calls and local
telephone exchange service;
A technology system, which includes, but is not limited to, system infrastructure,
network, database, servers, new call processors, digital and analog communications
circuits, telecommunications capabilities, monitoring, and other required system
functionality;
Installation of new telephone instruments (equipment) at all included facilities
including the required number of instruments and any required station cabling as
determined necessary;
Systems and equipment that support the Department’s call monitoring/security needs,
including terminals, and digital recording equipment as determined necessary;
Creation of a centralized database which shall contain all data elements necessary for
provision of monitoring services, reporting and historical call transaction information;
E-messaging capability for inmates to receive e-messages from a limited number of
persons and addresses (receipt only will be accepted), with enhanced communication
surveillance, screening and security;
Contractor personnel to include ITS System Administrator, Field Repair/Site
Technicians and Service Representatives to perform oversight, operational assistance
and maintenance and repair to the ITS system and equipment;
Ongoing maintenance, repair, and/or replacement and/or upgrades of all equipment
and systems as determined necessary to ensure service delivery;
Provision of all required training and instructional materials required for use of the
telephone services as applicable to inmates, families, and/or Department staff; and
Provision of all related support services not otherwise indicated herein.

Facility Implementation Plan and Transition of Service
This Contract has approximately a sixty-seven (67) day implementation period, for the initial
delivery of equipment, supplies and hiring and training of Contractor staff and transition of
services from Contract C1864. The Contractor shall have the capability to commence
implementation of services no later than September 24, 2007, and full service delivery of inmate
telephone services at all institutions, including meeting all security requirements at all
institutions, no later than November 30, 2007. Upon Contract execution, the Contractor shall
submit an Estimated Implementation Plan and Transition Date Schedule to the Contract
Manager. The Contractor’s Estimated Implementation Plan and Transition Date Schedule shall
be adjusted as necessary and approved as Contractor’s Final Implementation Plan and
Transition Date Schedule by the Contract Manager. This plan shall be designed to provide for
seamless transition with minimal interruption of telephone services to inmates.
NOTE: The implementation schedule for the E-messaging Service shall be mutually
determined by the Contractor and the Contract Manager, but shall begin no sooner than
approximately sixty-seven (67) days after contract execution, based on Department direction
of implementation.
The Final Implementation Plan and Transition Date Schedule for Inmate Telephone Services
shall provide a schedule of implementation for each institution which illustrates the date and
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time for start of installation and a date certain for the system and equipment to be fully
operational and providing services. The Department has chosen Jefferson Correctional
Institution, Jefferson County, Florida, (“Jefferson C.I.”) as the first site at which inmate
telephone services shall be implemented. Thereafter, the Contractor may implement service
delivery at all other institutions and facilities in accordance with dates established by the
Contractor as shown in its Final Implementation Plan and Transition Date Schedule and as
approved by the Department. Once accepted, the estimated plan will become the Contractor’s
Final Implementation Plan and Transition Date Schedule. With the exception of Jefferson C.I.,
the Contractor is not required to implement service delivery in any particular order. Telephone
services for satellite facilities will be implemented with the main institution that is responsible
for oversight of the satellite facility. Final transition including operational testing at each
institution shall be coordinated between the Contractor, the current Contractor and the
Department.
The Contractor’s Final Implementation Plan and Transition Date Schedule shall also include a
detailed explanation of the following items:
1. procedures for transition of service/equipment from the existing ITS to the new ITS;
2. times when telephone instruments will be operational identifying possible “down
time”;
3. service coordination requirements between the Contractor and Local Exchange
Companies (LEC’s);
4. any software programming and preparation for installation of system and equipment,
as required; and
5. responsibilities required of the Department during implementation, such as staffing
requirements.
The Department will provide personnel from the Department’s Bureau of Institutional Support
Services to facilitate transition of services at each institution, including coordination of
equipment installation.
Once accepted by the Department, there will be no changes made to the Final Implementation
Plan and Transition Date Schedule unless a request is submitted in writing and approved by the
Local Contract Coordinator-Operations. To avoid any delays in phase-in, the Contractor shall
ensure that the Local Contract Coordinator-Operations is timely provided information required
for conducting NCIC/FCIC background checks prior to any new Contractor staff being hired or
assigned to work under this Contract.
The Contractor is required to implement its own technology system to facilitate inmate
telephone service. Due to the size and complexity of the anticipated system, Contractor will be
allowed a period of transition beginning on the date the contract is executed, not to exceed
November 30, 2007 in which to install and implement the utilization of its own technology
system. Transition, implementation and installation are limited to approximately sixty-seven
(67) days.
During the transition period, the Contractor shall operate its telephones in parallel with the
existing telephones which the current ITS Contractor has not yet removed. The objective of the
“parallel operation” is to allow inmate telephones to remain operational during normal
operational hours to the greatest extent possible during the transition period. The Contractor
shall be required to work closely with the Department to ensure that the transfer of
responsibility for inmate telephone service at each institution is carried out as smoothly as
possible. In addition, the Department will work cooperatively with the Contractor to create and
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maintain an information flow in accordance with other provisions of the Contract and the parties
shall utilize best efforts to resolve all issues that may or could occur from such parallel
operation, including, but not limited to data sharing and agreement on a conversion schedule.
The Contractor shall assume 100% responsibility for the delivery of the agreed-upon revenue
for each inmate telephone that has been installed and is operational by the agreed-upon
implementation date. Failure to have the ITS operational by the agreed-upon implementation
date at each institution may result in liquidated damages as set forth in Section II, R.
F.

Facilities to be Provided Services/Additions and Deletions
The facilities to be included under this Contract include all Department currently operated
institutions and allied facilities.
Add/Delete Institutions/Facilities: The Department reserves the right to add or delete
institutions and/or facilities receiving service under the Contract upon thirty (30) days’
written notice. Such additions or deletions may be accomplished by letter and do not require
a contract amendment.
When a new Department facility is opened by the Department, the Department will
determine (in consultation with the Contractor) a schedule for installation of services and
equipment at that location to ensure service is enabled as soon as practical at the new site.
Add /Delete Equipment: In addition, the Department may require the Contractor to increase
or decrease the amount of equipment utilized in the ITS including dedicated monitoring
terminals, inmate telephones or coin telephones or e-messaging equipment (as applicable).
The Contractor shall install any additional equipment within thirty (30) days of written
notification to add equipment from the Department’s Local Contract Coordinator-Operations.
The installation of this equipment shall be at no cost to the Department. The written request
for installing equipment shall be made by the Local Contract Coordinator-Operations, and
shall be received by the Contractor with receipt verified before the installation is
accomplished.

Installation Requirements
All required materials, equipment, hardware, software and station cabling (where re-use is
unavailable or new locations are required) for installation and maintenance of the ITS shall be
provided by the Contractor. Wherever possible, the Contractor shall re-use existing station
cabling installed at each Department facility for the telephone instruments. In cases where
existing station cabling cannot be used, the Contractor shall install new station cabling
(Category 3 minimum) at no cost to the Department. Any new cabling shall include wall plate,
cross connection, patch cords, etc. as required by the Department. The Contractor shall
comply with all applicable electrical codes.
The Contractor shall warrant that all members of the Contractor’s staff or subcontractors
providing installation of the ITS have been fully trained and certified by the manufacturer as
qualified to install the system, equipment and related services as required for service delivery.
The Contractor shall comply with the Department’s security guidelines (Attachment 1) on
institutional and facility security policies. Violations of these rules could result in
termination of the Contract. Prior to beginning work at an institution, the Contractor shall
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contact the institution to obtain a copy of any specific additional institutional or facility
rules.
The Contractor or designee shall provide each institution or facility with the following items
before entering the facilities:
1. A list of tools that the Contractor and/or designee, will bring onto the institution or
facility. These tools will be inventoried upon arrival and departure.
2. Current picture identification of the Contractor and/or designee, consisting of a
Driver’s License or State of Florida ID card.
The Contractor shall provide all coordination required with Local Exchange Carriers (“LEC”)
and other carriers during installation and for the duration of the Contract.
The Contractor shall provide and install required surge protection for the ITS and its
components. The use of traditional “power strips” for surge protection is not acceptable.
The Contractor shall provide and install required lightning protection equipment on all
network services supplied for the ITS.
The Contractor shall provide all electrical and environmental requirements of the ITS for each
Department facility. Information shall be provided for all components of the ITS including
central processor, recording equipment, etc.
The Contractor shall use the common ground facility at each location where the ITS equipment
is installed, if a common ground facility is present. If not present, the Contractor shall install an
earth ground for the ITS equipment.
The Contractor shall obtain written permission from the Contract Manager 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. The Department does not anticipate that such work
will be required to install the desired service, systems and equipment as described herein, but
will not warrant that such work may not be required at some locations.
H.

Inmate Telephone System Functionality (General)
The Contractor shall provide an Inmate Telephone Service (ITS) with a technology system
fully supported by an infrastructure which has the capability to provide specified services
such as secure and real-time monitoring of telephone calls meeting the Department’s system
security requirements. In addition, the system shall contain a secure database for
transactional call records and provide data feeds to the Department’s official data repository.
This shall include redundant system(s) as deemed necessary to accomplish this requirement
and a continuity of operations plan and disaster recovery plan which will ensure that the
system and services will be available without disruption at the required service level.
The inmate telephone system shall contain security features, which prevent unauthorized
individuals from accessing any information held by the Contractor. Secure access to the
system and the database shall be maintained at all times.
The Contractor shall provide complete support of all systems and software necessary to
ensure provision of services at all times for the duration of the resulting Contract. In
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addition, the Contractor shall monitor changes to associated interfaced systems and
accommodate changes in their systems as needed to continue operations of the services and
systems as specified herein.
All technical specifications and system requirements shall meet or exceed industry standards
and, shall be in proper working order, clean and free from defects of features affecting
appearance, serviceability, or the safety of the authorized user in normal intended use, unless
otherwise required herein. The Contractor shall provide the Local Contract Coordinator –
Operations with documentation of the standards (i.e., Bellcore, ANSI, etc.) to which its
system will adhere.
The system shall be restricted to outgoing calls only. The system shall not process incoming
calls at any time. The system shall allow for the Department to program times when the system
will be operational, i.e., available or unavailable for inmate calls.
The system shall contain an automated announcement function capable of processing calls
on a selective bi-lingual basis: English and Spanish. The inmate shall be able to select the
preferred language using no more than a two-digit code.
During the call set-up process, the system shall provide a pre-recorded announcement, which
complies with Code of Federal Regulations, Title 47, Volume 3, Part 710 (3)(ii), identifying
that the collect call is coming from a specific inmate at a Florida Correctional Institution,
stating rate and complaint information and containing a toll free number for the consumer’s
use. This announcement shall be heard by the answering party. The announcement shall
also include the statement: "All telephone calls will be recorded except attorney calls."
The system shall have the capability to be deactivated (shut down), by Department or
Contractor staff, quickly and selectively, at an individual facility, partial facility (single
dorm) or on a global basis and to restrict all PIN access. The system shall be capable of deactivating the PIN feature by individual inmate telephone, groups of telephones and/or entire
institutions, at the Department's option. Regardless of this deactivation, the system shall
restrict inmate calls to prepaid collect and normal collect calls. At no time shall the inmate
telephones be unrestricted due to the deactivation of the PIN feature.
The system shall provide the capability to flag any individual telephone number in the
inmate’s “Approved Number List” as “Do Not Record”. The default setting for each
telephone number will be to record until flagged by Department personnel to the contrary.
The system shall provide capability for assigning an inmate’s phone access to an individual
telephone or group of telephones so that the inmate’s account may only place calls from
those designated telephones. These telephones shall still be capable of being used by an
inmate whose phone access is not specifically assigned to an individual phone.
The Contractor shall ensure the system has a “smart fail-safe” power down service which is
initiated upon alert by the uninterruptible power supply (UPS) that the UPS has switched to
battery power because of a commercial mains power failure or irregularity. The system and
UPS shall maintain all currently ongoing telephone calls for up to ten (10) minutes while
blocking any additional call attempts after the event. After ten (10) minutes, if the UPS has
not alerted the system that commercial power has been restored, the system shall power
down to a quiescent state that allows it to resume full operation automatically after
commercial power is restored. After power restoration, the system shall have a timer to
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delay for ten (10) minutes before call processing resumes to preclude unnecessary cycling if
the commercial power is unstable.
In order to prevent a state-wide or region-wide system failure, there shall be control
equipment at each major institution, with the exception of Gainesville CI.
1.

Network and Infrastructure Requirements
The Contractor shall provide a system that includes a monitoring component that is
capable of being accessed through dedicated monitoring terminals and through a
vendor-provided secure Internet connection from desktop, laptop or remote means
by authorized Department personnel who have appropriate security clearance and
have been provided Contractor-supplied security codes. The system shall be capable
of monitoring calls from both dedicated monitoring terminals AND via secure,
password protected internet access.
In addition, the telephone system shall interface with network services provided by
local exchange carriers as well as inter-exchange carriers. This includes analog and
digital facilities (i.e., analog business trunk, DS-1, etc.). The Contractor’s response
to the ITN provides the types of network services to which the system will interface
and the purpose (use of a specific application) of such services for the Department.

Software Requirements
The Contractor shall provide all software required to support the inmate telephone
system. During the entire contract term, including any renewals, the software shall
be the latest general release of the software including software for all equipment and
monitoring terminals utilized in service delivery. Any software necessary for
Department interface shall be provided at the expense of the Contractor, with no
licensing fee to the Department.
All software must be compatible with a minimum of a Windows XP operating
system and must operate with Internet Explorer version 5.5, at a minimum.
The Contractor shall provide all required software enhancements/upgrades to the
system inclusive of service delivery. Beta and Field Tested Software shall not be
provided unless specifically approved by the Department. Prior to any software
upgrades or enhancements, the Contractor shall discuss the software benefits with
the Department’s Contract Manager and the Office of Information Technology and
proceed only with written approval.

Database Requirements
The Contractor shall provide a data record of all transactions through the inmate
telephone system that shall be maintained in a database for monitoring and analysis
of inmate telephone calls. This data is used to alert authorized Department staff of
possible trends with inmate calls that could jeopardize the security of inmates, staff,
or facilities.
The Contractor shall be responsible for the generation and creation of a centralized
system database. The system shall provide the capability for every call in and out of
the system to be recorded with a transaction record that includes, at a minimum, a
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recording of the telephone call in a .wav or other format acceptable to the
Department.
The database shall be maintained in such a manner as to allow authorized personnel
the capability to review and monitor inmate call data regardless of which
Department facility is housing the inmate.
The database shall contain multiple data fields. At a minimum, the database shall
contain all fields required to generate reports as indicated in Section II., M., and all
information required to establish Inmate Phone Access as indicated in Section II, I.,
2. Final data elements to be collected shall be subject to written approval by the
Department.
The system shall provide the capability for the Department to download reports from
the database, through secured internet access, as outlined in Section II., M.,
Reporting Requirements.
In addition, the Contractor shall provide access to the database through a secure
“ftp” web server so the department can retrieve certain data on a daily basis. The
Contractor shall provide certain data elements in a pipe delimited format, to be
determined by the Department’s Office of Information Technology. Data extracts
shall be downloadable into a SQL Server database hosted by the Department of
Corrections in such a manner as to allow the Department to perform further analysis
on the system data.
The security and confidentiality of data in the system is of critical importance. The
Contractor shall recover all inmate telephone data for all locations, to the point of
full service operation, using a data backup. The Contractor shall perform all service
and database back-ups and archiving. The Contractor shall provide all archival
hardware, supplies, network and recovery procedures that will ensure that no data is
lost.
The database shall have duplicate data storage devices with automated fail-over and
automatic re-establishment of the duplicate databases upon replacement of the failed
storage device and shall be equipped with automated fire detection and suppression
equipment.
The system shall record all data with a historical transaction record and data shall be
stored/archived for retrieval/backup in a database when requested by Department
personnel in accordance with the following:
a. All historical data shall be centrally stored and accessible for reporting
purposes;
b. This information must be available for reporting in a standard transaction
file format;
c. All current and historical data files shall be retained by the Contractor as
specified for a period of five (5) years after contract expiration. Call records
detail and call recordings shall be available “on-line” for a minimum of
twelve (12) months from the date of the call and call records detail shall be
available “off-line” for an additional forty-eight (48) months, or a total of
sixty (60) months from the date of the call. “Off-line” records shall be in a
format readily accessible to the Department upon request; and
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d. This information shall be available at no charge to the Department after
termination of the contract.
All data shall remain the property of the Department and the Contractor shall not use
data for any purpose other than as required in the contract without written
permission of the Local Contract Coordinator - Operations
4.

System Calling Protocol Requirements
The Contractor shall ensure the system will only initiate calls in a “collect call” mode
(prepaid or normal collect calls) to land lines (non-cellular) with Billing Number
Addresses (BNA’s) for all inmate telephone calls. The only exception to this
requirement will be for calls placed on coin-operated telephones at identified Work
Release Centers. Phone calls placed from those phones may be allowed to call cellular
phone numbers.
Calls shall be processed at a speed of fifteen (15) to thirty (30) seconds or faster and
“call set-up time” shall not exceed six (6) seconds from completion of dialing to first
ring. The system shall not provide a second dial tone to an inmate telephone without
the inmate hanging-up the telephone receiver after the first call is completed.
Each call placed through the system shall be electronically identified by the system
as being a call originating from a Florida Correctional Institution in 100% of the
cases with or without the accompanying inmate PIN.
The system shall provide the option of either English or Spanish voice messages or
prompts as programmed through a single prompt at the beginning of each call. The
default setting for each inmate shall be English until flagged by Department
personnel to Spanish. It is desirable that the system provide standard language
prompts other than English and Spanish. The language provided shall be controlled
by the inmate’s account information. The Contractor shall provide a list of
languages available to the Local Contract Coordinator - Operations upon request.
The system shall provide automated notification to an inmate of the call status (i.e.,
ringing, busy, etc). This notification may either be in the form of ringing, busy tones,
Special Information Tone (SIT), or appropriate recorded messages.
The system shall allow the inmate to hear the processing of the placed call to determine
if a SIT with message or an answering device (i.e., answering machine, voice mail, etc.)
has answered the call. At no time shall the system allow the inmate to speak (restricted
voice channel) until the called party has accepted the call.
The system shall announce to the called party the name of the calling inmate,
informing the called party how to accept calls and announcing to the called party the
call charge rate, prior to acceptance, when a call is placed. The activation or
deactivation of these features shall be determined by the Department.
If the party called does not accept a call, or if no one answers the call, the system
shall inform the inmate of the situation and not simply disconnect the call.

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The system shall allow for a minimum “ring time” prior to disconnecting the inmate
call. This “ring time” parameter shall be established within set parameters determined
by the Department and shall be consistent among Department facilities.
The system shall allow a called party to deny all future calls of a particular type
from an inmate and shall provide notice to the inmate placing the call of such action.
The system shall accept the called party’s response via Dual Tone Multi Frequency
(DTMF) Touch-Tone Pad input from the telephone and voice response (Yes/No
Response).
The system shall interject messages into a telephone call at random intervals (i.e.,
“this call is from a Florida Correctional Institution”) as deemed necessary by the
Department. The activation or deactivation of this feature shall be determined by
the Department.
The system shall allow a called party to activate a code (via the touch tone pad of
their telephone) that automatically deletes their telephone number from the calling
inmate’s “Authorized Telephone Number List”.
The system shall also provide an alert or notification to authorized Department
personnel to ensure that the inmate does not add any number deleted via the above
indicated feature to his/her requested list of telephone numbers in the future.
Notification or alert to the Department shall be via automated system update to the
inmate’s account information file.
5.

System Voice Quality Requirements
The ITS shall provide quality of voice connections that meet or exceed appropriate
industry standards in the United States and standards enacted by appropriate industry
agencies or other organizations for transmitted and received levels, noise, cross talk
and frequency range(s). The Contractor shall provide the Local Contract
Coordinator - Operations with documentation of the standards (i.e., Bellcore, ANSI,
etc.) to which its system adheres.
The voice quality level referenced above shall be in place for all telephone services
at all stages of a call and shall not be affected by any other system feature, function
or capability.

System Call Blocking Requirements
The ITS shall have call block capability and shall be responsible for ensuring that
the system is programmed for call blocking.
Call blocking requirements shall apply to all inmate telephone equipment unless
otherwise specified, and shall include, but not be limited to, the following types of
calls:
a.
b.

calls made to business numbers identified during the billing number address
(BNA) search.
calls made to any 911 number;
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c.
d.
e.
f.
g.

calls made to any telephone numbers which incur excess charges, such as
900, 972, 976, 550, etc.;
calls to current long distance carrier access numbers (i.e., 10333, 10285) or
future 101-XXXX carrier access numbers;
calls for all local numbers which access long distance carriers (i.e., 950XXXX);
call access to directory assistance access numbers (i.e., 411, 555-1212, etc.);
call access to toll free numbers (i.e., 800, 888, 877, etc.) except the Florida
Relay Service toll-free number(s), so that hearing impaired inmates may
access a “Telephone Devices for the Deaf” (TDD) service; and
call access to any number upon request by the Department.

Only the following call blocking requirements shall apply to the coin-operated
telephone equipment located at the Department’s work release centers:
i.
j.
k.

calls made to any 911 number;
calls made to any telephone numbers which incur excess charges, such as
900, 972, 976, 550, etc.;
call access to toll free numbers (i.e., 800, 888, 877, etc.) except the Florida
Relay Service toll-free number(s), so that hearing impaired inmates may
access a “Telephone Devices for the Deaf” (TDD) service; and
call access to any number upon request by the Department.

Call blocking shall not apply to coin-operated phones for visitors or the public atlarge.
7.

System Monitoring, Call Recording and Playback History Requirements
As set forth in Section II., H., 1., the inmate telephone system shall include a
monitoring component that is capable of being accessed from a vendor-provided
dedicated monitoring terminal and through a vendor-provided secure Internet
connection from desktop, laptop or remote means by authorized Department
personnel who have appropriate security clearance and have been provided
Contractor-supplied security codes. The ITS shall monitor calls from both dedicated
monitoring terminals AND via secure, password protected internet access.
The system shall allow for “real time” audible monitoring of inmate calls by specific
inmate PIN number and/or terminating number entered by authorized Department
personnel. The system shall allow for monitoring of inmate calls while in process
(“real time”) and shall be configurable to allow for auto-forwarding specified calls
in a “listen only” mode to a pre-designated telephone number in the Inspector
General’s (IG) Office.
The system shall have query and search capabilities allowing Department
investigators to quickly access telephone conversations that occurred during specific
time periods, and/or were made from specific telephone instrument locations, etc.
The system shall record all inmate calls simultaneously and at any time (in “real
time”) that a call is placed.

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The call recording functionality shall be a fully digitalized service allowing for the
use of a compact disc recorder (CD burner) utilizing industry standard recording file
formats.
The system shall create a record of all calls that are monitored by any Department
employee. This record will display an indicator, visible in that call entry that is in
the list of inmate calls, which will indicate if that call has been played back by
anyone. This indicator, which can be as simple as an icon that is activated when the
call has been played back, will link to the detailed playback history of the call. The
detailed playback history will list each date and time that the call was played back
and the identity of the person who accessed the call.
This playback history shall only be visible to personnel from the Office of the
Inspector General and access to this feature shall only be granted by the appropriate
approving authority in the Inspector General’s office. Non-Inspector General
personnel shall not have the ability to view or retrieve any call playback history
information.
8.

System Restriction, Fraud Control and Notification Requirements
The security and confidentiality of inmate-placed telephone calls is of critical
importance. ITS security features which prevent unauthorized individuals from
accessing any information held by the Contractor will provide for restriction to the
system, fraud control for prevention purposes, and notification capabilities for
attempted security violations or breaches. Secure access to the system shall be
maintained at all times. The ITS shall have security capabilities that include, but are
not limited to, the following:
a.

Fraud prevention features, which randomly interject pre-recorded
announcements throughout the duration of the conversation to the called party
indicating the source of the call.
Detection and prevention capabilities related to fraudulent, illicit or
unauthorized activity capable of detecting unusual or suspicious number
sequences dialed or dialing patterns which the system identifies as possible
attempts to commit fraud.
A call alert feature. This feature shall alert Department personnel that a
designated inmate is placing a call to a specific number that has been assigned
alert status. This status is an investigative tool which will be activated by
authorized Department personnel.
Ability to detect an attempt by the called party to initiate a 3-way or conference
call, to immediately terminate the call and to make a “notation” in the database
on the inmate’s call with immediate notification by e-mail to the Assistant
Warden for Programs and the Inspector General’s Office at that institution.
Ability to immediately terminate a call if it detects that a called party’s
telephone number is call forwarded to another telephone number. The system
shall make a “notation” in the database on the inmate’s call and shall provide
immediate notification of the attempt by e-mail to the Assistant Warden for
Programs and the Inspector General’s Office at that institution.
Ability to deactivate the restrictions on the called party’s attempt to initiate a 3way or conference call on a per number dialed, per inmate basis. The system

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shall permit call transfer or 3-way conferencing of specific inmate calls placed
to pre-designated privileged telephone numbers such as attorneys.
g. Ability during any call to block the out-pulsing of all digits pressed by the
inmate and all hook switch "flash" attempts, after the PIN and calling list
number have been input, such that no dual tone multi-frequency (DTMF) or
hook switch "flashes" will appear on the outside line.
h. Capability for the Department to immediately and remotely turn telephones on
and off, including individual telephones, groups of telephones, or an entire
Department facility by Department staff with the appropriate authorization
level. This service shall be available, via telephone, 24/7.
i. Ability to provide a form of speech or word recognition that will alert
Department personnel when certain words or phrases are used by an inmate
during an outgoing call.
9.

System Access Management Component
The system shall provide for authorized user access for the purposes of managing
inmate phone access information in real time. Authorized Department staff and
Contractor staff, as authorized by the Local Contract Coordinator - Operations
and/or the Inspector General’s Office, shall have the ability to immediately enter,
delete, change, or modify any inmate phone system access information including,
but not limited to calling privileges or restrictions pertaining to inmates.
The system shall allow for authorized Department user access to be established upon
application by the prospective user and the approval of the concerned warden or
assistant warden, and a designated representative from the Inspector General’s
Office, Central Office. This approval authorization shall be given only to the
incumbent in these positions and cannot be delegated or assigned. Levels of
authorized access shall be a menu-driven selection configured for each user, listing
the various components of the system. Any modifications to access levels shall go
through the same approval process as above.
Deactivation of user accounts may be approved by any one of the above-cited
approving authorities individually, with an electronic notice sent to the designated
Inspector General’s Office representative.
The creation, approval, and modification of user accounts shall be available in both
electronic and paper format. Accounts opened manually (with paper application)
shall be processed into the electronic user account system by the ITS Contractor.
The system shall allow the creation of lists of currently authorized users by facility
and/or IG Office as needed. A system-wide list of all current authorized users shall
be provided to the Inspector General’s Office, Central Office, quarterly. The system
shall also maintain a list of all users, active or inactive, searchable by the user’s last
name, first name, and containing all periods of account activation.
The system shall allow Department personnel to temporarily restrict or disconnect
service to an individual inmate telephone or station.

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10.

System Network Status Monitoring Component
The ITS shall provide a system network status monitoring component. The system
status monitoring component shall, at a minimum:
a.

b.
c.
d.
e.

11.

Show graphically in real-time the status of the system components at each
Department facility and other locations, to include but not be limited to, call
processor equipment, call monitoring equipment, call recording equipment,
telephone station equipment, and network circuit connections.
Show component status in a minimum of two conditions: “Green” for normal
operation, and “Red” for failed or failing operation.
Provide automatic reporting of component status changes (not manual input).
Display and record event times, i.e., when any component changes status
from “Red” to “Green”, or vice-versa.
Provide the service technicians the ability to log acknowledgments of
component failures, log acceptance of responsibility for repair, and log
comments on action taken.
Provide the Contractor’s ITS System Administrator accessibility to the display
of status at all times. The status display shall be available at other locations
such as the Contract Manager’s office, via intranet computer access.
Department personnel shall be allowed to observe the system status display at
any time upon demand. All event records and technician logs shall be
maintained for a minimum of thirty (30) days and shall be available to
authorized Department personnel upon request.

System Testing
Upon contract execution, the Contractor shall provide a complete and
comprehensive functional test plan to assure the Department of the system’s
readiness to accept inmate calling traffic. This test plan shall include a checklist of
items to be performed by the Contractor’s implementation team and verified by the
Department’s staff.

12.

System Acceptance
The Contractor shall provide a complete and comprehensive acceptance plan for the
system at each Department facility. System acceptance shall be determined by a
consecutive thirty (30) day period during which the system must function “error
free” after installation. The Contractor shall work with the Department to determine
the actual definition of “error free” operation. Failure of the system to meet
mutually agreed upon acceptance criteria for more than thirty (30) consecutive days
may result in a request for replacement by the Department for that particular system
component.

13.

System Documentation
At the completion of the implementation/installation, the Contractor shall provide to
each Department facility, the Contract Manager, and the Local Contract
Coordinator–Operations, a complete set of service reference manuals that shall
include information specific to the installation at the respective facility.

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In addition, after installation at each respective institution, the Contractor shall
supply documentation containing service request contact numbers, instructions on
reporting and escalation procedures to the Local Contract Coordinator - Operations
and Assistant Warden for Programs at the respective institution.
14.

System Disaster Recovery
The Contractor shall have a written Disaster Recovery Plan and Continuity of
Operations Plan and associated internal system equipment that shall be capable of
providing for support in case of failures in power, telephone system, data
networking, and Contractor’s equipment at its host site through the user-level
equipment provided by the Contractor, and for all natural or man-made disasters
including flood or fire at the host facility. These plans and all updates will be
reviewed and accepted by the Department and kept for reference purposes by the
Department’s Local Contract Coordinator - Operations, Office of Institutions, and
Office of Information Technology.
The system shall be capable of recovering from a power outage automatically or
remotely once commercial power is restored.

15.

System Technical Assistance/Contractor Customer Service Center
The Contractor shall provide remote diagnostic support and trouble-shooting
technical assistance for system and equipment twenty-four (24) hours a day, seven
(7) days a week, including holidays.
The Contractor shall provide the authorized users a toll free contact number,
answered, twenty-four (24) hours a day, seven (7) days a week for the purpose of
reporting problems that might be experienced.
In addition, the Contractor shall provide a centralized Customer Service Center
located in the Continental United States (preferably within the State of Florida)
which is operational twenty-four (24) hours a day, seven (7) days a week, including
holidays for the purposes of handling customer complaints regarding the inmate
telephone system and billing processes. The customer service center shall provide a
P01 Grade of Service on incoming calls.
The Contractor shall also ensure that a minimum of two Service Representatives, as
delineated in Section II., N., are provided specifically for staffing the Central Office
location. The responsibilities of these individuals will include handling of inmate
family complaints as well as the additional duties specified for Field Service
Representatives in Section II., N.

Other Inmate Telephone Service Requirements
1.

Personal Identification Numbers (PINs)
The ITS shall be Personal Identification Number (PIN) driven. The ITS shall
restrict use of the service through authorized PINs assigned to each inmate at one of
the Department’s five (5) reception centers. No PINs will be issued by any
institution. This PIN service shall allow individual PINs to be shut-off upon request
of staff at the facility. When an inmate transfers to a different institution, that
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inmate’s PIN account shall also be transferred. All PIN information shall remain the
property of the State of Florida.
The ITS shall use the Department’s current inmate PIN assignments and numbering
plan. Current PINs are numeric only and eleven (11) digits in length. The ITS’s
PIN service will consist of the inmate’s DC number, and shall be followed by the
last 4 numbers of the inmate’s Social Security Number. Since the DC number is
usually 6 characters and the first character can be a letter or digit, it is necessary to
use 7 digits to represent the DC number. Therefore, the PIN shall be constructed as
follows:
1ST TWO CHARACTERS OF THE PIN:
If the DC number begins with:

Then the PIN begins with:

Blank* or Zero
1 through 9
A through J
K through T
U through Z

00
01 through 09
10 through 19
20 through 29
30 through 35

Note: Some older DC numbers may be written as only 5 characters. In those cases,
the DC number is assumed to start with a blank to make it a 6-character number.
NEXT FIVE CHARACTERS OF THE PIN:
Same as the last five characters of the inmate’s DC number.
LAST FOUR CHARACTERS OF THE PIN:
Same as the last four characters of the inmate’s Social Security
Number (SSN).
EXAMPLES:
A:

DC number is 872460
SSN is 222-10-3555
PIN is 08724603555

DC number is A98811
SSN is 393-44-1167
PIN is 10988111167

DC number is 12298 (some older DC numbers are only five
characters)
SSN is 998-30-2345
PIN is 00122982345

The ITS shall utilize the PIN feature for any call mode, either prepaid or normal
collect calls.
The ITS shall allow each PIN to have a “class of service” assigned. For example,
each PIN shall have a list of allowable telephone numbers, duration of each call, etc.
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The ITS shall provide call restrictions by PIN that provide the Department the option
of implementing any or all of the following restrictions by PIN designation:
a. Inmates can be either approved or not approved to make telephone calls by
PIN, at the Department’s option;
b. Inmates, via the PIN, can be restricted to a specific telephone or group of
telephones, at the Department's option;
c. Limit duration of call: Maximum call duration can be set globally (all PINs),
by site, by facility area or by individual inmate’s PIN, at the Department's
option;
d. Maximum call duration can be set for each type of call: local, intralata,
interlata, interstate, intrastate and international;
e. Restrict time of day calling: An allowed calling schedule can be provided
for each specific PIN, by facility area, by site and globally (all PINs). The
global restrictions can take precedence over individual PIN restrictions, at
the Department's option.
f.

Restrict an inmate under disciplinary action from placing any or all calls
assigned to his particular PIN with the exception of privileged numbers (i.e.,
attorney, approved clergy and social work professionals).

The ITS shall have the ability to limit calls to a specific duration by PIN and by
specific telephone numbers assigned to a PIN.
The PIN feature shall ensure that the automated operator function uses the inmate's
pre-recorded name (recorded in either the inmate's voice and language, or in the
voice of an administrator) to announce to the called party from whom the call is
originating. Identification of the specific inmate and thus the announcement of the
inmate’s name shall be performed by the PIN assignment.
The system shall allow for approved destination telephone numbers to be assigned
and restricted by individual PIN. Such telephone number lists will be approved and
entered by authorized Department personnel, the Contractor’s ITS System
Administrator or the respective Service Representative at the Department’s option.
It is the intent of the Department to allow each inmate, via the use of PINs, a list of
authorized telephone numbers not to exceed a maximum total of ten (10) numbers
not including privileged telephone numbers.
The PIN feature shall allow the recording of inmate calls to be discontinued when
certain pre-determined telephone numbers (privileged telephone numbers) are
called.
2.

Inmate Phone Access Information/Approved Number List
The Contractor shall provide Service Representatives for entering Inmate Phone
Access Information in the Inmate Telephone System. Service Representatives shall
make, at a minimum, twice weekly visits to the facilities, or as deemed necessary by
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the Department, for the purposes of entering and updating Inmate Phone Access
Information. In addition, the Contractor shall ensure that information can be entered
into the system by authorized Department personnel. Inmate Phone Access
information fields shall include, but not be limited to, inmate name (first, middle,
last), PIN number (11 digits minimum), Department facility, identifier of unit within
Department facility, ten (10) approved telephone numbers by terminating number,
privileged numbers; comments field, language preference field, account activation
date, date of arrival, current status, alert levels, etc.
Authorized Department personnel shall have the capability to enter, modify, and
delete the information in any data field encompassing any inmate’s phone access
information including an inmate’s “Approved Number List”.
The Department will make available to the Contractor, the current ITS Inmate Phone
Access Information, as necessary for the transition of services.
3.

Rate and Call Charge Requirements
Local and local extended area service calls shall be billed as local calls.
Charges for calls shall include only the time from the point at which the called party
accepts the call and shall end when either party returns to an on-hook condition or
until either party attempts a hook flash. There shall be no charges to the called party
for any setup time.

In addition, the Contractor shall not charge, pass on, or pass through to the customer
paying for collect or prepaid calls any charges referred to as Local Exchange
Carrier’s (LEC’s) or Competitive Local Exchange Carrier’s (CLEC’s) billing costs,
or any bill rendering fee or billing recovery fee. The Contractor shall also ensure
that LEC’s and CLEC’s do not charge or pass on to the customer any additional fee
or surcharges for billing. The Contractor shall be responsible for any such LEC or
CLEC surcharges incurred if billing through the LEC or CLEC.
.
Call Requirements
The Contractor shall ensure that prepaid and collect calling is available for all
locations within the North American Dialing Plan. In addition, the Contractor shall
provide a list of all countries (outside of the United States) that can be reached via
the ITS operating in a “collect call only” mode.
At no time shall an inmate be automatically connected to a “live” operator. The
only exception to this requirement is that international collect calls through a live
operator will be allowed when the country being called accepts collect calls.
Call acceptance by the called party shall be accomplished through caller
confirmation (“positive acceptance”).
Collect or prepaid calls shall not be connected nor shall billing commence until the
called party indicates acceptance of the call.

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The Contractor shall ensure that non-prepaid calls (collect calls) are billed to the
Billing Number Address as preferred by the customer (inmate family or friend)
either directly the Contractor or through the LEC.
The Contractor shall be responsible for billing called parties who receive nonprepaid collect calls and for the collection of payments for these calls. In no event
shall the Department be responsible for costs or fees related to ITS calls.
The Contractor shall provide a toll free number which will be clearly shown on the
called party’s bill for assistance in billing matters.
The Contractor shall ensure Caller ID is not available for any call placed through the
ITS, and that the called party has no means of identifying the number from which a
call is placed.
The Contractor shall not charge for calls that result in Special Information Tones
(SIT), “ring/no answer”, or “busy” conditions.
The Contractor shall provide local exchange service for collect or prepaid only
calling use at each Department institution. The local calling area shall be equivalent
to the local calling public pay telephone area at each Department institution. The
Contractor shall ensure that the ITS is capable of identifying a dialed number as
local, based on the pay telephone calling area, and of correctly rating and routing the
call.
5.

Prepaid Collect Call Service (PPCCS)
The Contractor shall allow families and friends to establish a PPCCS account(s) with
the Contractor for billing purposes so that inmates can call pre-authorized numbers that
may not be accessible via normal collect calling. Each prepaid account shall have an
authorized billing number. Any calls billed to a family or friend’s prepaid account shall
meet the same security requirements as set forth for normal collect calls.
The Contractor shall ensure that notice of the prepaid account availability is provided
when a party receives a call and shall offer the option of being connected to a live
operator for the purpose of establishing a prepaid account, if a normal collect call
cannot be completed by the inmate due to billing issues.
The Contractor’s PPCCS shall allow the called party (family and friends) to deposit
money into a PPCCS account by multiple means (i.e. check, money order, and/or credit
card).
The Contractor shall provide instructional brochures explaining the process for
establishing prepaid collect services for family and friends’ prepaid accounts.

Prison TIPS Hotline
The Contractor shall create a component within the ITS that creates an inmate “hot
line” accessible from any telephone instrument within the system. This component
shall be fully available from the monitoring terminals located at the Inspector General’s
Central Office location and any of the other designated Inspector General’s monitoring
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stations, as may be required and authorized by the Inspector General’s Office, Central
Office.
The Prison TIPS Hotline must be reachable by entering *TIPS (*8477) on any
telephone instrument in the ITS. This call shall not require input of the inmate’s PIN
number for access.
There shall also be a toll-free number assigned so that the Prison TIPS Hotline can be
reached by any and all telephones outside of the ITS.
This subsystem shall allow the inmate to create a confidential “mailbox”, not requiring
the inmate to identify himself in any manner, which also allows IG personnel to leave a
return message for the inmate. The creation of this “mailbox” shall be an option
offered to the calling inmate, and not required by the subsystem.
The Contractor shall provide easily readable signage referencing the Prison TIPS
Hotline and toll-free number for display within the institution and on the grounds of the
institution as directed by the Local Contract Coordinator - Operations.
7.

Crimestoppers Hotline
The Contractor shall provide a Crimestoppers hotline for anonymous reporting of
cold case information that will be reachable by entering *8488.

Litigation-Related Testimony
The Contractor acknowledges and agrees that many times, the recorded telephone
conversations of inmates are used as evidence in criminal or Department violation
investigations and as such, the Contractor may receive written/verbal requests to
provide testimony regarding monitoring equipment, system specifications, and the
accuracy and reliability of the system’s recorded telephone data.
The Contractor shall ensure that qualified personnel is available to provide such
expert testimony and that personnel responds timely and/or appears as stipulated in
the request and/or legal subpoena. The contractor shall immediately notify the Local
Contract Coordinator - Operations or Designee upon receipt of Departmental-related
subpoenas.

E-Messaging Services
The Contractor shall provide an e-messaging service in accordance with the following
requirements:
The Contractor shall provide an independent system to provide e-messaging service capability
to the Department. The system shall provide the capability for friends and family of inmates to
e-message (one-way only) authorized inmates within the correctional system.
The Contractor shall enable family/friends of inmates to set up monthly accounts based on a
fixed fee/flat rate for a specified number of e-messages per month and may allow for the
monthly charge to be either prepaid or billable to the account holder by the Contractor. The
e-messaging account holder will be responsible for the monthly cost of the service that
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allows them to send e-messages, regardless of whether the e-mail is received by the recipient
or not.
There shall be no additional fees, surcharges, or other types of costs associated with emessaging service billed to account holders inmates other than the monthly account charge.
The Department will not be responsible for any costs associated with e-messaging.
The Contractor should ensure any individual desiring to send an e-message to an inmate
provides sufficient identifying information (i.e., name, billing address, etc.) that will allow for
follow up contact to the e-messaging account holder should it become necessary for security
purposes.
E-messages shall be delivered for printing to a dedicated terminal at each of the Department’s
facilities.
The e-messaging system shall allow for text messaging only (no photos or graphics) and the
Contractor shall provide storage capacity for all transaction records. The e-messaging service
shall have robust system intelligence capabilities, including but not limited to, automatic digital
recording and cataloging of all messages, access for the Department to all such messages,
parameters for automatically notifying the Department of certain communications, and
automatic screening of certain words and phrases.
All equipment, including dedicated lines and/or internet connection, computers, terminals,
printers, toner and paper required to provide the e-messaging service shall be the responsibility
of the Contractor. The Department shall determine the amount of equipment required to handle
workload and the Contractor shall agree to increase the amount of equipment, if necessary, to
fully deliver the e-messaging service.
Prior to implementation of any e-messaging service, the Contractor shall work with the
Department in establishing guidelines for e-messaging. All decisions regarding receipt of emessaging will be at the sole discretion of the Department.
NOTE: The implementation schedule for the E-messaging Service shall be mutually
determined by the Contractor and the Department, but shall begin no sooner than
approximately sixty-seven (67) days after contract execution, based on Department
direction of implementation.
K.

Telephone Service Equipment Requirements
Throughout the term of the Contract, the Contractor shall own all systems and equipment
(Monitoring/Recording Terminals, Inmate Telephone Stations, TDD/TTY devices, CoinOperated Telephone Stations, etc.) and shall conduct all maintenance, repairs, upgrades and
replacement to systems and equipment at no cost to the Department.
The number and facility location of equipment currently required to be installed at Department
facilities. The number of required inmate telephone stations, coin operated telephones
TDD/TTY devices and monitoring/recording stations may be increased or decreased during the
term of the Contract upon the request of the Department’s Contract Manager or Local Contract
Coordinator-Operations, at no additional cost to the Department. All decisions on number,
placement, location, etc. regarding the inmate telephone stations, coin operated telephones and
monitoring/recording terminals shall be made by the Contract Manager.
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NOTE: The Contractor shall work with the Local Contract Coordinator-Operations to
establish the number and types of equipment prior to installation.
1.

Inmate Telephone Station Equipment (“ITSE”)
All ITSE required for service delivery shall be new and consist of three (3) types of
telephones:
Type 1, which will be the majority of inmate telephones installed, shall be permanently
mounted wall telephones meeting the specifications outlined in this Contract.
Type 2 shall be portable or “movable” cordless inmate telephones that are used mainly
in segregation units and shall be manufactured to withstand abuse as well as be
compact enough to fit through standard food slots.
Type 3 shall be “all weather” inmate telephone sets to be used in outdoor conditions.
All ITSE shall have the physical and design characteristics that meet or exceed, all of
the following technical standards:
a.
b.
c.
d.
e.
f.
g.
h.
i.

k.
l.
m.

A chrome-plated DTMF tone dial that is water, flame and shock resistant.
A hearing aid compatible handset.
A steel housing that protects the electronic components of the telephone.
A paint/finish that is mar and scratch resistant.
A faceplate with concise dialing and operating instructions.
An industry standard design.
A tamper-proof housing.
A floating case hardened metal plate to prevent side drilling entry.
Dialing Instructions and “This Call is Being Recorded” warning statements in
English and Spanish on each telephone instrument in a manner that reduces
the possibility of the notice being destroyed. Labels or other accessible
surface instructions will not be acceptable to meet this requirement. This
information must be kept legible and accurate throughout the duration of the
Contract.
A unique number, physically imprinted on each telephone instrument so that
Department staff can see the number for the purposes of reporting trouble and
troubleshooting problems. As telephone instruments necessitate replacement,
they shall be numbered by the Contractor. As new telephone instruments are
added or replaced, they shall be identified in the same manner and all
appropriate paper work shall be updated to reflect the addition.
An armored handset cord that is resistant to stretching and breaking (for
Types 1 & 3 only).
Installation reinforced by security studs to prevent easy removal of telephone
(for Types 1 & 3 only).
A handset cord component of the ITSE with the lanyard used to connect the
handset to the base telephone. The lanyard shall be no more than 32 inches in
length and shall be of steel braided or solid steel composition (for Types 1 & 3
only).

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The ITSE shall not include coin entry slots or coin return slots regardless of whether
these functions are disabled on the station equipment (standard pay telephone
requirements excluded).
All ITSE shall meet or exceed the following capabilities:
n.
o.
p.
q.
r.
s.
t.

True dual-tone multifrequency (DTMF) compatibility.
The ITSE shall not be capable of being used to program any feature of the
ITS.
The ITSE shall not be programmable for any purpose.
Reduction of background noise through the use of confidencers or directional
microphones in the handset.
Volume controls that allow inmates to amplify the called party’s voice.
Powered by the telephone line and requiring no additional power source, with
the exception of cordless telephones as described above.
Compatible with Telecommunications for The Deaf (TDD/TTY) equipment.

All ITSE shall be capable of being Americans with Disabilities Act (ADA) compliant.
Twenty-five percent (25%) of all phones shall have volume control capability. Due to
security concerns, the Department shall require the Contractor to modify certain
features on telephone instruments such as cord length and mounting height.
2.

TDD/TTY Equipment
New TDD/TTY equipment shall be provided for inmate use at road prisons and work
release centers (community correction centers).
All TDD/TTY equipment will be protected and secured by the Department when not
in use.
Minimum requirements for TDD/TTY equipment shall include:
a.
b.
c.

Portability, such that it can be used with any ITS station set at the Department
institution.
The ability for keyboard entry.
A display (i.e., LCD, LED, etc.) and a printer device.

Coin-Operated Telephone Equipment
New coin-operated telephones shall be provided for inmate use at work release centers
(community correction centers). In addition, one coin-operated telephone shall be
provided for public use at each main correctional institution and annex, typically
outside the admission gate unless otherwise authorized by the Warden of the
Institution. These coin-operated telephones shall meet the following minimum
specifications:
The telephones at the road prisons and work release centers (community correction
centers) shall be programmed to allow for outgoing calls only and the telephones for
public use at each facility shall have two way outgoing and incoming service. All
coin-operated phones at work release centers shall meet call blocking requirements as
set forth in Section II., H., 6. Coin-operated phones for public use do not need to meet
call blocking requirements.
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These telephones shall meet all FCC regulations regarding alternate carrier access.
4. Monitoring/Recording Terminals
The Contractor shall provide new monitoring/recording terminals for investigative and
monitoring purposes. Each terminal should include a monitor and a CPU with a CD
burner and the corresponding, fully functional CD burning software, Windows XP or
newer operating system, appropriate input devices, (mouse, keyboard, etc) with a
sound card with external speakers and accessible headphone jack.
All monitoring/recording terminals shall operate using recording and playback
features that utilize industry standard file formats (*.wav, *.mp3, *.midi, etc).
5.

Equipment Service & Maintenance Requirements
The Contractor shall provide equipment to support service delivery as specified herein
at all designated Department facilities that is fully functional in regards to all labor,
materials, service hardware and/or software. The Contractor shall further warrant that
any equipment installed for the Department shall be free of defects, irregularities,
unprofessional installation, code violations and shall operate as designed and proposed
or negotiated. Should the equipment not operate as designed and proposed or
negotiated, or violate any local, state or federal code, rule or ordinance, the Contractor
shall correct the defect or irregularity or bring the service to within code, rule or
ordinance at no cost to the Department including payment for any fines or penalties
associated therewith.
The Department understands the tentative nature of ensuring that service to any
component of the system is completed in a set period of time. Nonetheless, time is of
the essence in completing emergency and other service repairs or replacements. Thus,
the Contractor is required to meet all response times listed in this subsection and
Section II., K., 6., to return the system to normal operating status. In the event of
extraordinary obstacles to service for which the Contractor exceeds the time-to-service
requirement, notification and a detailed plan of service shall be immediately provided
to the Department by the Contractor.
All requests for service calls from the Department shall be answered by a “live”
operator at all times.
Critical components shall be within the available service area for each Department
institution. The Contractor shall guarantee to the Department that all parts and
materials necessary to repair the ITS are readily available to the respective Field
Repair/Site Technicians 24 hours per day, seven days per week, 365 days per year.
The Department will not accept the delay of service repair based on the fact that Field
Repair/Site Technicians cannot access a parts warehouse, office or similar Contractor
facility because the facility is not open “after hours”, or on weekends or holidays.
The Contractor shall track all service downtime for each Department facility and
compile per-facility records of the downtime for each month to comply with the
Trouble Ticket/Repair Time Report specified in Section II., M.

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All system maintenance shall be performed by the Contractor’s Field Repair/Site
Technician during the twice weekly visits to the institution. The Field Repair/Site
Technician shall notify the Assistant Warden for Programs of his/her anticipated
arrival time for each site visit and discuss any problems or concerns regarding the ITS.
The Contractor’s Site Technician shall notify the Assistant Warden for Programs if it
is determined during the repair that the damage to the system was caused by inmate
vandalism.
6.

Response and Repair Times for Service Calls
Should any critical component of the ITS provided by the Contractor fail, the
Contractor shall respond to the Department’s request for service calls in the following
manner: (For the purposes of this Section, business hours are defined as twenty-four
(24) hours per day, seven days per week.)
NOTE: All repairs shall be completed prior to the normal operational hours of the
inmate telephone system, unless approved by the Local Contract CoordinatorOperations, or the Warden at effective Institution or facility.
a.

Routine Service
For routine service, the Contractor shall respond to the service problem
within four (4) hours of the initial system failure notice or request for
service report by the Department facility, through the use of remote testing or
access. Records of testing and compliance with this requirement shall be
available to the Department upon request.
The Contractor shall contact the Department facility with the following
information within six (6) hours of the initial system failure notice or service
request:
1) Remote testing results, if applicable; or
2) An update of the remote testing process, if applicable; or
3) Notice that a technician has been dispatched and the estimated time of
arrival at the Department site.
Should the service not be equipped for remote access, the Contractor shall
have a qualified technician, suitably equipped for the installed service, on-site
at the Department facility within twelve (12) hours from the time of initial
system failure notice or request for service report.
All routine service shall be completed within twenty-four (24) hours of the
initial system failure notice or service request or liquidated damages may be
imposed as stated in Section II., R.

Major Emergency Repair Service
For a major emergency, the Contractor shall respond to the service problem
within one (1) hour of initial system failure notice or request for service
report by the Department facility, through the use of remote testing or access.
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Records of testing and compliance with this requirement shall be available to
the Department upon request.
The Contractor shall contact the Department facility with the following
information within two (2) hours of the initial system failure notice or
service request:
1) Remote testing results, if applicable; or
2) An update of the remote testing process, if applicable; or
3) Notice that a technician has been dispatched and the estimated time of
arrival at the Department site.
Should the service not be equipped for remote access, the Contractor shall
have a qualified technician, suitably equipped for the installed service, on-site
at the Department facility within four (4) hours from the time of initial
system failure notice or service request.
All major emergency service shall be completed within twelve (12) hours of
the initial system failure notice or request for service or liquidated damages
may be imposed as stated in Section II., R.
7.

Escalation Procedures During Repair Service
The Contractor shall provide escalation procedures to address inadequate response to
service calls, frequent repetition of the same service problem, inadequate repairs to
service, etc. These described procedures shall include the name and title of service
and management personnel as well as criteria for service escalation to a certain “level”
within the Contractor’s organization. Updated contact names and telephone numbers
of the service and management positions listed/described in the escalation procedures
shall be made available to the Department immediately upon request.

Bi-Annual Audit
The Contractor shall provide to the Department a bi-annual audit report from an independent
certified public accounting firm verifying that the Contractor’s Inmate Telephone Service
and systems and equipment are accurately and completely recording all calls and related
charges. The bi-annual audit report shall contain a certification from the auditing firm that
its findings are totally unbiased and independent of the Contractor’s interest. The audit shall
be submitted to the Local Contract Coordinator-Accounting within forty-five (45) days after
each six-month period of the contract. The independent certified public accounting firm’s biannual audit report shall be issued simultaneously to the Department and to the Contractor.
The following definitions pertain to the bi-annual audit report to be provided by the certified
public accounting firm: “Accurately” shall mean the ability to detect when a chargeable call
begins (active acceptance by the called party) and when it is terminated. “Completely” shall
mean that the Commission and Call Detail Report lists all calls made on all phones including
un-collectibles.
The independent certified public accounting firm’s procedures and reports shall be
conducted in accordance with Statements on Standards for Attestation Engagements
established by the American Institute of Certified Public Accountants. The Contractor shall
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Accounting for the Department’s approval prior to the end of the first (lst) month of the
Contract. The independent certified public accounting firm shall submit an engagement
letter and a formal test plan to be agreed upon by the Department and the Contractor in
writing prior to the end of the first three (3) month period of the Contract. The Contractor
shall notify the Department in writing of any proposed changes in their selected certified
public accounting firm.
The scope of the bi-annual audit will encompass, at a minimum, the following requirements:
1. The number of test calls used in the sampling technique will be great enough to ensure a
confidence level of ninety-five percent (95%) or greater that the sample results are truly
reflective of the entire population.
2. The Contractor shall not know the selection of test sites and times. The independent
certified public accounting firm will contact the Department’s Local Contract
Coordinator – Operations to arrange for the tests.
3. The test call methodology should include means to verify that all ITSE (telephone
instruments) at each location which are supplied by the Contractor are connected to and
providing information into the billing service.
M.

Reporting Requirements
1.

Inmate Telephone System Generated Reports: At a minimum, the ITS shall
allow the Department to generate the following “canned” reports directly through an
interface accessible through a secure internet site or via dedicated monitoring
terminals. The Contractor shall provide reporting capability on all information
contained in the inmate telephone system database, including recording of telephone
calls. To ensure that reports are accurate and timely, the database shall be updated
in real time so that all report data is current when viewed and/or downloaded by
authorized Department personnel. The database shall be capable of maintaining a
record of all reports that are downloaded, with the date and time of the download,
and the name of the person who performed the download. All reports shall have the
capability of being queried, sorted or filtered by any field contained in the report or
by data parameters, as applicable, and reports shall be readable on screen, printable
and shall be downloadable into an excel format. Reports shall also be viewable via a
user-friendly interface. This interface shall be, at a minimum a Graphical User
Interface (GUI) such as Windows XP. Report formats shall be subject to final
approval by the Local Contract Coordinator - Operations or designee.
a.

Authorized Users Report: The system shall provide a real time report of
all Department and Contractor authorized users. This report shall include
user name, status (active or inactive) and corresponding dates, user title and
facility location.

Approved Calling List Report: The system shall provide a real time
report of each inmate’s approved calling list of ten (10) numbers. This
report shall include inmate name, inmate pin #, inmate’s facility location,
name and phone numbers of everyone on the inmate’s calling list, and
Billing Number Address (BNA) for all numbers. The system shall also
maintain a cumulative historical calling list for each inmate, showing all
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numbers that have been added or deleted from the inmate’s list and the
corresponding dates.
c.

Duplicate Number Report: The system shall provide a real time report of
all outgoing telephone numbers that appear on the active call lists of two or
more inmates. This report shall include phone number, BNA for number
called, inmate name, inmate pin #, and inmate’s facility location.

International Call Report: The system shall provide a real time report of
all overseas/international calls made. This report shall include inmate name,
inmate pin #, number called, BNA for number called, inmate’s facility
location, date and time of call, length of call.

Comprehensive Outgoing Call Report: The system shall provide a real
time report of all outgoing calls made from all Department facilities. This
report shall include inmate name, inmate pin #, inmate’s facility location,
phone number called, date and time of call, length of call, and BNA for
number called.

Alert Level Report: The system shall provide a real time report of all calls
that generated an alert notification in the system. This will include threeway calls, as well as any other calls programmed to send an alert
notification. This report shall include date and time of call, number called,
BNA for number called, inmate name, inmate pin #, and type of alert.

Contractor Submitted Reports: The following reports shall be submitted by the
Contractor in “hard copy” format to the Local Contract Coordinator - Operations on
a monthly basis no more than fifteen (15) days following the end of the previous
month.

Equipment Report: The system shall provide a real time report of all
assigned equipment (in use) and inventoried equipment containing a serial
number. This report shall include description/type of equipment, serial
number, facility location (including specific dormitory or other unique
location), and assigned telephone number (for phone instruments).

Trouble Ticket/Repair Time Report: The system shall provide a real
time report of all trouble tickets and repair times that are reported to the
Contractor. This report shall include the assigned number with trouble,
location (including specific dormitory or other unique location), date and
time trouble was recorded in the system as occurring, date, time, and name
of individual trouble was reported to at the facility, cumulative downtime as
a result of trouble, downtime reason (e.g. processor failure, power failure,
station failure, trunk failure, etc.) and date and time trouble was cleared.

Ad Hoc Reports: The Contractor shall provide the Department Ad Hoc
Reports upon request of the Contract Manager, Local Contract Coordinator
– Operations, or the Inspector General’s Office.

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N.

Contractor Staff Requirements
The Contractor shall provide to the Contract Manager a proposed Contractor staffing plan
which, at a minimum provides the staffing positions required in Section N., 1. The staffing
plan shall identify each type of position, total number of proposed staff in each position-type,
regional assignment/staff location and proposed weekly schedule, including the percentage of
time dedicated to the contract, for each position.
1.

Contractor Staff Levels and Qualifications
The Contractor shall have direct oversight, be responsible for and monitor the
performance of all contractor staff performing services under the Contract. The
Department will provide security for the Contractor’s employees and agents consistent
with the security provided at other Department facilities.
The Contractor shall provide an adequate level of staffing for provision of the
services outlined herein and shall ensure that staff providing services is
appropriately trained, qualified and licensed, if required. The Contractor shall be
responsible for all expenses incurred for travel, including transportation, and meals
incurred on behalf of Contractor’s staff positions.
Additionally, the Contractor’s staff shall liaise with and maintain a good working
relationship with Department staff and other providers working with the
Department.
The Contractor shall provide the following positions, at a minimum, in support of
this contract:
a. ITS System Administrator
One (1) full-time (40 hours per week) ITS System Administrator position
dedicated to the Department. This position is directly responsible for overall
operational performance of the contract, including account management,
troubleshooting, training, and any other responsibilities agreed upon by the
Contract Manager or Local Contract Coordinator-Operations and the Contractor.
This individual shall have a minimum of three (3) years’ experience within the
last five (5) years at the management level, providing direct administrative
oversight of telephone services. The Contractor shall be responsible for
ensuring that the ITS System Administrator attends meetings upon Department
request.
b. Field Repair/Site Technicians
A minimum of fourteen (14) full time (40 hours per week) Field Repair/Site
Technician positions dedicated to the Contract. Field Repair/Site Technician
positions are directly responsible for providing twice-weekly preventative
maintenance on the system at each institution, including assisting with installation
of cable and equipment, and shall provide technical support and repairs as
necessary, assist in on-site instruction and provide training for Department
personnel to ensure customer satisfaction. These individuals shall possess a High
School Diploma or GED and have two (2) years’ minimum experience with a
computer-based telephone system similar to the type required in this contract.
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c. Service Representatives
A minimum of seventeen (17) full time (40 hours per week) Service
Representative positions dedicated to the Contract. These positions include ten
(10) Service Representatives to roam between Department Regions, five (5)
Service Representatives located at the Department’s five Reception Centers and
two (2) Service Representatives located at Central Office.
Service Representative positions shall be directly responsible for making data
entry input and changes to the inmate phone access information including input
of approved inmate PIN and authorized calling numbers, verification of Billing
Number Addresses, assistance to authorized DC personnel, and shall provide
customer service relative to the ITS. These individuals shall possess a High
School Diploma or GED, be computer literate and have related experience in the
provision of services of the type required in this contract.
d. IT Data Administrators
A minimum of four (4) full time IT Data Administrator positions (providing
coverage on eight (8) hour shifts, twenty four (24) hours a day, seven (7) days a
week) to be located at the Contractor’s monitoring center to support ITS. Duties
include monitoring the system network to detect any problems and remotely
correct identified problems without dispatching a field/repair technician to the
Department’s facility. If Contractor’s IT Data Administrators cannot remotely
correct or repair system problems, they are responsible for dispatching the
appropriate field repair/site technician to the facility to make repairs as
necessary.
e. ITS Trainer
One (1) full-time (40 hours per week) ITS Trainer dedicated to the training
needs of the Department. This position shall be available for travel to
Department facilities throughout the State to provide training to Department
staff. All training shall be provided in accordance with the training
requirements in Section II., O.
The final selection of all staff assigned to provide services under this Contract shall
be subject to approval by the Department. Department employees terminated at any
time by the Department for cause may not be employed or provide services under
the Contract. The Department shall not employ criteria to approve or disapprove the
selection of Contract employees that exposes the Contractor or the Department to
civil or criminal liability under applicable federal or state civil rights laws,
including, but not limited to, those laws establishing or protecting employee rights.
The Contractor’s staff on-site shall adhere to the standards of conduct prescribed in
Chapter 33-208, Florida Administrative Code, and as prescribed in the Department’s
personnel policy and procedure guidelines, particularly rules of conduct, employee
uniform and clothing requirements (as applicable), security procedures, and any other
applicable rules, regulations, policies and procedures of the Department. The Contractor’s
staff shall be subject to and shall comply with all security regulations and procedures of
the Department and the respective institution. Violation of regulations may result in the
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employee or individual being denied access to the institution. In this event, the
Contractor shall provide alternate personnel to supply services described herein, subject
to Department approval.
2.

Staff Background/Criminal Record Checks
a. The Contractors’ staff assigned to this Contract shall be subject, at the
Department’s discretion and expense, to a Florida Department of Law
Enforcement (FDLE) Florida Crime Information Center/National Crime
Information Center (FCIC/NCIC) background/criminal records check. This
background check will be conducted by the Department and may occur or reoccur at any time during the Contract period. The Department has full
discretion to require the Contractor to disqualify, prevent, or remove any staff
from any work under the Contract. The Department is under no obligation to
inform the Contractor of the records check findings or the criteria for
disqualification or removal. In order to carry out this records check, the
Contractor shall provide, prior to commencing services upon institution
property, the following data for any individual Contractor or subcontractor’s
staff assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social
Security Number, Driver’s License Number and State of Issue. If requested, the
Contractor’s staff shall submit to fingerprinting by the Department of
Corrections for submission to the Federal Bureau of Investigation (FBI). The
Contractor shall not consider new employees to be on permanent status until a
favorable report is received by the Department from the FBI.
b. The Contractor shall ensure that the Contract Manager or designee is provided
the information needed to have the NCIC/FCIC background check conducted
prior to any new Contractor staff being hired or assigned to work under the
contract. The Contractor shall not offer employment to any individual or assign
any individual to work under the contract, who has not had an NCIC/FCIC
background check conducted.
c. No person who has been barred from any Department institution or other facility
shall provide services under this Contract.
d. The Contractor shall not permit any individual to provide services under this
Contract who is under supervision or jurisdiction of any parole, probation or
correctional authority. Persons under any such supervision may work for other
elements of the Contractor’s agency that are independent of the contracted
services.
Note that a felony or first-degree misdemeanor conviction, a plea of guilty or nolo
contendere to a felony or first-degree misdemeanor crime, or adjudication of guilt
withheld to a felony or first-degree misdemeanor crime does not automatically bar
the Contractor from hiring the proposed employee. However, the Department
reserves the right to prior approval in such cases. Generally, two (2) years with no
criminal history is preferred. The Contractor shall make full written report to the
Contract Manager within three (3) calendar days whenever an employee has a
criminal charge filed against them, or an arrest, or receives a Notice to Appear for
violation of any criminal law involving a misdemeanor, or felony, or ordinance
(except minor violations for which the fine or bond forfeiture is two hundred dollars
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($200) or less) or when Contractor or Contractor’s staff has knowledge of any
violation of the laws, rules, directives or procedures of the Department
3.

Staff Conduct
The Contractor’s staff on-site shall adhere to the standards of conduct prescribed in
Chapter 33-208, Florida Administrative Code, and as prescribed in the Department’s
personnel policy and procedure guidelines, particularly rules of conduct, employee
uniform and clothing requirements (as applicable), security procedures, and any other
applicable rules, regulations, policies and procedures of the Department.
In addition, the Contractor shall ensure that all staff adhere to the following requirements:
a. The Contractor’s staff shall not display favoritism to, or preferential treatment of,
one inmate or group of inmates over another.
b. The Contractor’s staff shall not deal with any inmate except in a relationship that
supports services under this Contract. Specifically, staff members must never accept for
themselves or any member of their family, any personal (tangible or intangible) gift,
favor, or service from an inmate or an inmate’s family or close associate, no matter how
trivial the gift or service may seem. The Contractor shall report to the Contract Manager
any violations or attempted violation of these restrictions. In addition, no staff member
shall give any gifts, favors or services to inmates, their family or close associates.
c. The Contractor’s staff shall not enter into any business relationship with inmates or their
families (example – selling, buying or trading personal property), or personally employ
them in any capacity.
d. The Contractor’s staff shall not have outside contact (other than incidental contact) with
an inmate being served or their family or close associates, except for those activities that
are to be rendered under the Contract.
e. The Contractor’s staff shall not engage in any conduct which is criminal in nature or
which would bring discredit upon the Contractor or the State. In providing services
pursuant to this Contract, the Contractor shall ensure that its employees avoid both
misconduct and the appearance of misconduct.
f.

Any violation or attempted violation of the restrictions referred to in this section
regarding employee conduct shall be reported by phone and in writing to the Contract
Manager or their designee, including proposed action to be taken by the Contractor.
Any failure to report a violation or take appropriate disciplinary action against the
offending party or parties shall subject the Contractor to appropriate action, up to and
including termination of this Contract.

g. The Contractor shall report any incident described above, or requiring investigation by
the Contractor, in writing, to the Contract Manager or their designee within twenty four
(24) hours, of the Contractor’s knowledge of the incident.
O.

Training, Training Materials, Instructional Brochures
The Contractor shall develop and provide training as determined necessary by the
Department on the ITS system. All training shall be provided by the Contractor’s full-time
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trainer (position outlined in Section II., N.) who will provide ongoing training as needed to
ensure current and incoming DC staff is properly trained in the operational use of the inmate
telephone service and system and the use of all associated equipment and services,
specifically training in use of monitoring and reporting functionality. In addition, refresher
training shall be provided as determined necessary by the Department. Training shall take
place at locations designated by the Department as determined necessary by the Local
Contract Coordinator-Operations.
The Contractor shall provide all materials and equipment necessary to perform the training
and shall utilize actual equipment utilized under the resulting Contract. A minimum of one
hundred (100) copies of the approved training curriculum and/or user manuals for
Department staff shall be made available for each training session. Additional training
manuals shall be provided upon request of the Contract Manager or Local Contract
Coordinator-Operations or designee.
The Contractor shall provide a sufficient number of instructional brochures to friends and
families explaining the inmate telephone service, including rates for collect calls, and rates
and payment options for pre-paid accounts.
In addition, upon implementation of the e-messaging service, the Contractor shall provide a
sufficient number of instructional brochures to friends and families explaining the emessaging service, including rates and payment options.
In addition, the Contractor shall provide a sufficient number of instructional brochures
explaining use of the telephone service for distribution to inmates.
All training, training materials and instructional brochures shall be provided at no cost to the
Department.
P.

Performance Measures
By executing this contract, Contractor agrees to be held accountable for the achievement of
certain performance measures in successfully delivering services under this Contract. The
following Performance Measure categories shall be used to measure Contractor’s performance
and delivery of services: Note: the Contractor shall comply with all contract terms and
conditions upon execution of contract and the Department may monitor each site upon
implementation of services at that site to ensure that contract requirements are being met.
1.
2.

Performance Outcomes and Standards; and
Other Contract Requirements.

A description of each of the Performance Measure categories is provided below:
1.

Performance Outcomes and Standards
Listed below are the key Performance Outcomes and Standards deemed most crucial to
the success of the overall desired Inmate Telephone Service. The Contractor shall
ensure that the stated performance outcomes and standards (level of achievement) are
met. Performance shall be measured per institution as indicated, beginning the second
month after which service has been fully implemented.
a. Completion of Routine Service:
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Outcome: All requests for routine service shall be completed within twentyfour (24) hours of request for service from the Department, unless
otherwise excepted.
Measure: Compare the date/time that service is completed to the date/time that
the request for service was received from the Department by the
Contractor. (Measure Monthly for each institutional location).
Standard: Ninety-five percent (95%)) of routine service requests shall be
completed within twenty-four (24) hours of notice from the
Department.
b. Completion of Major Emergency Repair Service:
Outcome: All major emergency repair service shall be completed within
twelve (12) hours of request for repair from the Department, unless
otherwise excepted.
Measure: Compare the date and time that major emergency repair service is
completed to the date/time that the request for major emergency
repair service was received from the Department by the Contractor.
(Measure Monthly for each institutional location).
Standard: Ninety-five percent (95%) of major emergency repair service shall
be completed within twelve (12) hours of notice from the
Department.
c. Commission and Call Detail Report (Invoice Documentation):
Outcome: The Contractor shall provide the Commission and Call Detail
Report within thirty (30) days of the last day of the Contractor’s
regular billing cycle.
Measure: Compare the date the Commission and Call Detail Report was
received with the last day of the Contractor’s regular billing cycle.
(Measure Monthly)
Standard: One hundred percent (100%) of Commission and Call Detail
Reports shall be received within thirty (30) days of the last day of
the Contractor’s regular billing cycle.
By execution of this Contract the Contractor hereby acknowledges and agrees that its
performance under the Contract shall meet the standards set forth above. Any failure
by the Contractor to achieve any outcome and standard identified above may result in
assessment of Liquidated Damages as provided in Section II., R. Any such assessment
and/or subsequent payment thereof shall not affect the Contractor’s obligation to
provide services as required by this Contract.
2.

Other Contract Requirements
Standard: The Department will monitor the Contractor's performance to determine
compliance with other contract requirements at each institutional site,
including, but not limited to, the following:
a.
b.
c.

Transition/Implementation/Installation of System;
Bi-Annual Audit;
Timely Submittal of Corrective Action Plans (when applicable); and
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d.

Measure:

Compliance with Other Terms and Conditions of the Contract not
involving delivery of services otherwise listed above.

Failure to meet the agreed-upon Final Transition/Implementation schedule
or failure to meet the Bi-Annual Audit Requirement will result in the
imposition of liquidated damages without opportunity for correction or
relief as a result of extenuating circumstances. For compliance regarding
Other Terms and Conditions of the Contract, the Contractor shall achieve
100% compliance after the time frames indicated in the Contractor’s
Corrective Action Plan (CAP) for completion of corrective action on
identified deficiencies.

Monitoring Methodology
1.

Performance Outcomes and Standards
The Department’s Contract Manager and/or designee will monitor the Contractor's
service delivery to determine if the Contractor has achieved the required level of
performance for each Performance Outcome and Standard identified in Section II.,
P., 1. Performance measures shall be assessed as specified beginning the second
month after services have been implemented. If the Department determines that
Contractor has failed a Performance Outcome and Standard, Contractor will be sent
a formal contract communication in accordance with Section II., C. Note: The
Contractor shall correct all identified non-compliant service delivery related to
failure to meet the Performance Outcomes and Standards identified in Section II., P.,
1, however, this shall not negate the fact that a performance outcome and standard
has not been met and that liquidated damages will be imposed.

Other Contract Requirements
Monitoring for Other Contract Requirements, identified in Section II., P., 2., shall be
conducted no less than twice a year. (Final Contract Monitoring tool to be
developed by the Department’s Bureau of Institutional Support Services in
accordance with the requirements in the resultant contract.) Such monitoring may
include, but is not limited to, both announced and unannounced site visits.
The Department’s Contract Manager or designee will provide an oral exit report at
termination of the monitoring visits and a written monitoring report to the
Contractor within three weeks of the monitoring. Non-compliance issues identified
by the Contract Manager or designee will be identified in detail to provide
opportunity for correction, where feasible.
Within ten (10) days of receipt of the Department’s monitoring report, the
Contractor shall provide a formal Corrective Action Plan (CAP) in response to all
noted deficiencies to include responsible individuals and required time frames for
achieving compliance. Such time frames for compliance shall not exceed thirty (30)
days, unless specifically agreed upon in writing by the Department. All noted
deficiencies shall be corrected within the time frames identified or the Department
will impose liquidated damages in accordance with Section II., R.,2. The Contract
Manager, Local Contract Coordinator - Operations or other designated Department
staff may conduct follow-up monitoring reviews at any time to determine
compliance based upon the submitted CAP.
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The Department reserves the right for any Department staff to make scheduled or
unscheduled, announced or unannounced monitoring visits.
During follow-up monitoring, any noted failure by the Contractor to correct
deficiencies for Other Contract Requirement violations identified in the monitoring
report within the time frame specified in the CAP may result in application of
Liquidated Damages as specified in Section II., R.,2.
3.

Repeated Instances
Repeated instances of failure to meet either the Performance Outcomes and
Standards or Other Contract Requirements or to correct deficiencies may, in addition
to imposition of liquidated damages, result in determination of Breach of Contract,
and/or termination of the Contract in accordance with Section VI, Termination.

Liquidated Damages
The Contractor expressly agrees to the imposition of liquidated damages.
The Department’s Contract Manager will provide written notice to the Contractor’s
Representative of all liquidated damages assessed accompanied by detail sufficient for
justification of assessment. The Contractor shall forward a cashier’s check or money order
to the Contract Manager, payable to the Department in the appropriate amount, within ten
(10) days of receipt of a written notice of demand for damages due.
1.

Liquidated Damages For Failure to meet Performance Outcomes and Standards
The Contractor hereby acknowledges and agrees that its performance under the
Contract shall meet the Performance Outcomes and Standards set forth in Section
II., P., 1. If the Contractor fails to meet any Performance Outcomes and Standards,
the Department will impose Liquidated Damages in the amount of $2,500.00 per
standard per institutional site. Repeated failure to meet performance outcomes and
standards in consecutive months will result in liquidated damages being doubled.

Liquidated Damages For Other Contract Requirements
For failure to meet other contract requirements, set forth in Section II.,R.,2,
liquidated damages will be imposed as follows:
a. Failure to Meet Implementation/Transition Schedule
In the event the Contractor fails to complete transition, implementation and
installation of the ITS at each facility within the time frames established on the
Final Transition and Implementation Schedule, liquidated damages in the
amount of ten thousand dollars ($10,000.00) per institution/facility for which
services were not timely implemented will be imposed against the Contractor.
Continued failure to complete transition, implementation and installation of
services will result in the imposition of damages in the amount of five thousand
dollars ($5,000.00) for each additional ten (10) day period or part thereof that
the institution/facility remains non-operational, until such time as services are
fully implemented and fully operational.
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b. Failure to Meet Performance on Bi-Annual Audit
In the event the bi-annual audit specified in Section II. L., fails to verify that the
Contractor’s Inmate Telephone Service and systems and equipment are
accurately and completely recording all calls and/or related charges as required,
liquidated damages in the amount of ten thousand dollars ($10,000.00) will be
imposed against the Contractor for the bi-annual audit period failed.
c. Failure to Timely Submit Corrective Action Plan (CAP)
In the event that the Contractor received a Monitoring Report requiring a
Corrective Action Plan (CAP) and fails to submit a CAP responding to each
specified written deficiency within the time frames specified in Section II., Q.,
liquidated damages in the amount of five thousand dollars ($5,000.00) will be
imposed against the Contractor.
d. Failure to Timely Correct Identified Contract Deficiencies
In the event the Contractor fails to correct deficiencies noted in the
Department’s monitoring report within the time frames indicated in the CAP,
liquidated damages in the amount of one thousand dollars ($1,000.00) per day
per institutional site where deficiencies exist shall be imposed until such time as
all noted deficiencies are corrected unless otherwise agreed to by the
Department.
e. Failure to Timely Submit Final commission Payment
In the event the Contractor fails to submit the final commission payment to the
Department no more than forty-five (45) days after the end date of this Contract,
liquidated damages in the amount of fifteen hundred dollars ($1,500.00) per day
for each day of late submission shall be imposed.
S.

Deliverables
The following services or service tasks are identified as deliverables for the purposes of this
Contract:
•
•
•
•
•

Inmate Telephone Services as described in this Contract.
A telephone calling system and database for monitoring purposes.
All related equipment as set forth in Section II., K.
Reporting as set forth in Section II., M.
Compliance with contract terms and conditions.

Contract Termination Requirements
Upon the expiration date of the Contract resulting from this Contract (or any other
termination date), the Contractor shall provide a copy of all historical data, in a format to be
determined by the Contract Manager.
If, at any time, this Contract is canceled, terminated or otherwise expires, and a Contract is
subsequently executed with a firm other than the Contractor, the Contractor has the
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affirmative obligation to assist in the smooth transition of Contract services to the
subsequent Contractor, including the provision of documents and information not otherwise
protected from disclosure by law.
III.

COMPENSATION
A.

Payments and Invoices
The Department established a fixed “to connect” surcharge for service delivery of its ITS.
The “to-connect“ surcharge established by the Department shall be utilized by the Contractor
for local, local extended area calls, and for all calls on the North American Dialing Plan,
including interlata, intralata, and interstate calls. There shall be no additional rate per minute
charges allowed for local coin and local extended area calls.
COLLECT CALL SURCHARGE:
The Contractor shall provide inmate telephone COLLECT CALL service at the following
surcharges and rates:
TYPE OF CALL
Local Coin
Local Extended Area
Inter-lata
Intra-lata
Interstate

“TO CONNECT”
SURCHARGE
$.50
$.50
$1.20
$1.20
$1.20

RATE PER MINUTE
$0.00
$0.00
$0.04
$0.04
$0.04

PREPAID CALL SURCHARGE:
The Contractor shall provide inmate telephone PREPAID CALL service at the following
surcharges and rates:
TYPE OF CALL
Local Coin
Local Extended Area
Inter-lata
Intra-lata
Interstate

“TO CONNECT”
SURCHARGE
$.50
$.50
$1.02
$1.02
$1.02

RATE PER MINUTE
$0.00
$0.00
$0.04
$0.04
$0.04

INTERNATIONAL CALL SURCHARGE AND RATES PER MINUTE:
Surcharge and Rates per Minute for International Calls (Collect and Prepaid) shall not
exceed the maximum rate allowed by the appropriate regulatory authority during the time the
call is placed.
Charges for calls shall include only the time from the point at which the called party accepts
the call and shall end when either party returns to an on-hook condition or until either party
attempts a hook flash. There shall be no charges to the called party for any setup time for
either collect or prepaid calls.

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There shall be no additional fees, surcharges, or other types of costs associated with collect
or prepaid calls or for establishing prepaid accounts billed to either the Department or
families and friends of inmates establishing prepaid accounts.
In addition, the Contractor shall not charge, pass on, or pass through to the customer paying
for collect or prepaid calls any charges referred to as Local Exchange Carrier’s (LEC’s) or
Competitive Local Exchange Carrier’s (CLEC’s) billing costs, or any bill rendering fee or
billing recovery fee. The Contractor shall also ensure that LEC’s and CLEC’s do not charge
or pass on to the customer any additional fee or surcharges for billing. The Contractor shall
be responsible for any such LEC or CLEC surcharges incurred if billing through the LEC or
CLEC.
The Contractor shall pay to the Department each month a thirty-five percent (35%) commission
of gross revenues received from this Contract. The Contractor shall be responsible for
collections and fraud, and shall not make any deductions from gross revenue for uncollectible
accounts, billing fees or other administrative costs prior to applying the commission percentage.
Notwithstanding the above, gross revenues shall not include taxes charged by an appropriate
governmental entity. The monthly commission amount is therefore obtained by multiplying the
commission percentage times each month’s total charges. Commission and Call Detail reports
will be required with the monthly commission payment.
1.

Guaranteed Commission/Monthly Payment to the Department
The Contractor shall pay the Department a monthly thirty-five percent (35%)
commission based on the gross revenue. The Department will begin to receive
payment for a facility on the date the Contractor assumes responsibility for the
operation of that facility’s inmate telephone service in accordance with the Final
Transition and Implementation Plan.

Monthly Payment Submission
The Contractor shall remit the total monthly payment broken down into two (2)
submittals: one (1) submittal shall be comprised of the total monthly commission
due to the Department for recouping of the Department’s operating costs (amount to
be determined by Department within twenty (20) days of execution of contract) and
a second submittal consisting of the remaining amount of the monthly commission
due to the Department. Payment of the monthly amount shall be tendered to the
Department by Electronic Funds Transfer (EFT) to a specified Department account
within thirty (30) days after the final day of the Contractor’s regular monthly billing
cycle.

Commission and Call Detail Report/Supporting Documentation for Monthly
Payment
The Contractor shall submit to the Department, as supporting detail for the monthly
payment of commission, a Commission and Call Detail Report in detail sufficient to
allow the Department to recalculate gross revenue and validate the accuracy of the
Department’s commission and for a proper pre-audit and post-audit thereof. The
Contractor shall submit the Commission and Call Detail Report with supporting
documentation to the Local Contract Coordinator - Accounting:
Michael Deariso, CPA
Bureau of Finance and Accounting
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Department of Corrections
Attention Revenues and Receipts
P.O. Box 13600
Tallahassee, FL 32317-3600
The Commission and Call Detail Report shall consist of the following: A list of all
inmate calls made by PIN, time connected, time disconnected, rate charged [both per
minute and total charge, separating any surcharge], duration of call, and called
number and any other information necessary for the Department to independently
calculate the gross revenue and the commission due. The report shall be submitted
monthly on CD-ROM in detail and with a hard copy summary and shall also reflect
the gross revenues generated by all inmate phones. Additional documentation
requirements may be requested by the Department.
4.

Final Commission Payment
The Contractor shall submit the final commission payment to the Department no
more than forty-five (45) days after the end date of this Contract. If the Contractor
fails to do so, the Contractor agrees to submit additional payment in the amount of
fifteen hundred dollars ($1,500.00) per day for each day of late submission (See
Section II., R., 2., e.).

Subcontracts
No payments shall be made to the Subcontractor until all subcontracts have been
approved, in writing by the Department.

Travel Expenses
The Department shall not be responsible for the payment of any travel expense for the
Contractor that occurs as a result of this Contract.

Contractor’s Expenses
The Contractor shall pay for all licenses, permits, and inspection fees or similar charges required
for this Contract, and shall comply with all laws, ordinances, regulations, and any other
requirements applicable to the work to be performed under this Contract.

IV.

CONTRACT MANAGEMENT
A.

Department’s Contract Manager
The Contract Manager for this Contract will be:
Charles D. Terrell, Chief, Bureau of Institutional Support Services
Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
Phone: (850) 410-4278
Fax: (850) 922-9277
terrell.charlie@mail.dc.state.fl.us
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The Contract Manager will perform the following functions:
1.
2.
3.
4.
5.
6.
7.

Maintain a contract management file;
Serve as the liaison between the Department and the Contractor;
Verify receipt of deliverables from the Contractor;
Monitor the Contractor’s progress;
Evaluate the Contractor's performance;
Direct the Contract Administrator to process all amendments, renewals and
terminations of this Contract;
Evaluate Contractor performance upon completion of the overall Contract. This
evaluation will be placed on file and will be considered if the Contract is
subsequently used as a reference in future procurements.

The Contract Manager may delegate the following functions to the Local Contract
Coordinator (LCC):
1.
2.
3.

Verify receipt of deliverables from the Contractor;
Monitor the Contractor’s performance; and
Will notify the Contract Manager that the work is completed and will email and /or
fax any documents relating to the service.

The Local Contract Coordinator for this Contract will be:

Operations:
Larry Purintun
General Services Manager
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
Phone: (850) 410-4180
Fax:
(850) 922-9277
Email: purintun.larry@mail.dc.state.fl.us
B.

Accounting:
Michael Deariso
Finance and Accounting Director III
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
Phone: (850) 922-9836
Fax:
(850) 488-1196
Email: deariso.michael@mail.dc.state.fl.us

Department’s Contract Administrator
The Contract Administrator for this Contract will be:
Lisa M. Bassett, Chief
Bureau of Procurement & Supply
Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
Phone: (850) 488-6671
Fax: (850) 922-5330
Email: bassett.lisa@mail.dc.state.fl.us
The Contract Administrator will perform the following functions:
1. Maintain the official Contract file;
2. Process all Contract amendments, renewals, and termination of the Contract; and
3. Maintain the official records of all formal correspondence between the Department and
the Contractor.
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Contractor’s Representative
The name, title, address, and telephone number of the Contractor’s representative responsible
for administration and performance under this Contract is:
Daniel McGuinn, Account Executive
SECURUS Technologies, Inc.
688 NW 33RD Street
Margate, Florida 33063
Phone: (954) 753-5184
Fax: (954) 753-5184
Email: dmcguinn@securustech.net

Contract Management Changes
After execution of this Contract, any changes in the information contained in Section IV.,
Contract Management, will be provided to the other party in writing and a copy of the written
notification shall be maintained in the official Contract record.

CONTRACT MODIFICATION
Unless otherwise stated herein, modifications to the provisions of this Contract, with the exception of
Section IV., CONTRACT MANAGEMENT, shall be valid only through execution of a formal Contract
amendment.

VI.

TERMINATION
A.

Termination at Will
This Contract may be terminated by the Department upon no less than ninety (90) calendar days’
notice, without cause, or by the Contractor upon no less than one hundred twenty (120) calendar
days’ notice, without cause, unless a lesser time is mutually agreed upon by both parties. Notice
shall be delivered by certified mail (return receipt requested), by other method of delivery
whereby an original signature is obtained, or in-person with proof of delivery.

Termination for Cause
If a breach of this Contract occurs by the Contractor, the Department may, by written notice to
the Contractor, terminate this Contract upon twenty-four (24) hours’ notice. Notice shall be
delivered by certified mail (return receipt requested), by other method of delivery whereby an
original signature is obtained, or in-person with proof of delivery. If applicable, the
Department may employ the default provisions in Chapter 60A-1, Florida Administrative
Code. The provisions herein do not limit the Department’s right to remedies at law or to
damages.

Termination for Unauthorized Employment
Violation of the provisions of Section 274A of the Immigration and Nationality Act shall be
grounds for unilateral cancellation of this Contract.
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VII.

CONDITIONS
A.

Records
1. Public Records Law
The Contractor agrees to allow the Department and the public access to any documents,
papers, letters, or other materials subject to the provisions of Chapters 119 and 945.10,
Florida Statutes, made or received by the Contractor in conjunction with this Contract. The
Contractor’s refusal to comply with this provision shall constitute sufficient cause for
termination of this Contract.
2. Audit Records
a. The Contractor agrees to maintain books, records, and documents (including electronic
storage media) in accordance with generally accepted accounting procedures and
practices which sufficiently and properly reflect all revenues and expenditures of funds
provided by the Department under this Contract, and agrees to provide a financial and
compliance audit to the Department or to the Office of the Auditor General and to ensure
that all related party transactions are disclosed to the auditor.
b. The Contractor agrees to include all record-keeping requirements in all subcontracts
and assignments related to this Contract.
3. Retention of Records
The Contractor agrees to retain all client records, financial records, supporting documents,
statistical records, and any other documents (including electronic storage media) pertaining
to this Contract for a period of five (5) years. The Contractor shall maintain complete and
accurate record-keeping and documentation as required by the Department and the terms of
this Contract. Copies of all records and documents shall be made available for the
Department upon request. All invoices and documentation must be clear and legible for
audit purposes. All documents must be retained by the Contractor at the address listed in
Section IV., C., Contractor’s Representative or the address listed in Section III., D., Official
Payee, for the duration of this Contract. Any records not available at the time of an audit will
be deemed unavailable for audit purposes. Violations will be noted and forwarded to the
Department’s Inspector General for review. All documents must be retained by the
Contractor at the Contractor’s primary place of business for a period of five (5) years
following termination of the Contract, or, if an audit has been initiated and audit findings
have not been resolved at the end of five (5) years, the records shall be retained until
resolution of the audit findings. The Contractor shall cooperate with the Department to
facilitate the duplication and transfer of any said records or documents during the required
retention period. The Contractor shall advise the Department of the location of all records
pertaining to this Contract and shall notify the Department by certified mail within ten (10)
days if/when the records are moved to a new location.

Sponsorship
If the Contractor is a nongovernmental organization which sponsors a program financed partially
by State funds, including any funds obtained through this Contract, it shall, in publicizing,
advertising, or describing the sponsorship of the program, state: “Sponsored by SECURUS
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Technologies, Inc. and the State of Florida, Department of Corrections.” If the sponsorship
reference is in written material, the words “State of Florida, Department of Corrections” shall
appear in the same size letters or type as the name of the organization.
F.

Employment of Department Personnel
The Contractor shall not knowingly engage in this project, on a full-time, part- time, or other basis
during the period of this Contract, any current or former employee of the Department where such
employment conflicts with Section 112.3185, Florida Statutes.

Non-Discrimination
No person, on the grounds of race, creed, color, national origin, age, gender, marital status or
disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be
otherwise subjected to, discrimination in the performance of this Contract.

Americans with Disabilities Act
The Contractor shall comply with the Americans with Disabilities Act. In the event of the
Contractor’s noncompliance with the nondiscrimination clauses, the Americans with Disabilities
Act, or with any other such rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Contracts.

Indemnification
The Contractor shall be liable, and agrees to be liable for, and shall indemnify, defend, and hold the
Department, its employees, agents, officers, heirs, and assignees harmless from any and all claims,
suits, judgments, or damages including court costs and attorney’s fees arising out of intentional
acts, negligence, or omissions by the Contractor, or its employees or agents, in the course of the
operations of this Contract, including any claims or actions brought under Title 42 USC §1983, the
Civil Rights Act.

Contractor’s Insurance
The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to
hold such insurance at all times during the existence of this Contract. The Contractor accepts full
responsibility for identifying and determining the type(s) and extent of insurance necessary to
provide reasonable financial protection for the Contractor and the Department under this
Contract. Upon the execution of this Contract, the Contractor shall furnish the Contract Manager
written verification of such insurance coverage. Such coverage may be provided by a selfinsurance program established and operating under the laws of the State of Florida. The
Department reserves the right to require additional insurance where appropriate.
If the Contractor is a state agency or subdivision as defined in Section 768.28, Florida Statutes, the
Contractor shall furnish the Department, upon request, written verification of liability protection in
accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to extend any
party’s liability beyond that provided in Section 768.28, Florida Statutes.

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K.

Independent Contractor Status
The Contractor shall be considered an independent Contractor in the performance of its
duties and responsibilities under this Contract. The Department shall neither have nor
exercise any control or direction over the methods by which the Contractor shall perform its
work and functions other than as provided herein. Nothing in this Contract is intended to,
nor shall be deemed to constitute, a partnership or a joint venture between the parties.

Disputes
Any dispute concerning performance of this Contract shall be resolved informally by the
Contract Manager. Any dispute that can not be resolved informally shall be reduced to writing
and delivered to the Department’s Deputy Assistant Secretary of Institutions-Operations. The
Deputy Assistant Secretary of Institutions-Operations shall decide the dispute, reduce the
decision to writing, and deliver a copy to the Contractor, the Contract Manager and the Contract
Administrator.

Copyrights, Right to Data, Patents and Royalties
Where activities supported by this Contract produce original writing, sound recordings, pictorial
reproductions, drawings or other graphic representation and works of any similar nature, the
Department has the right to use, duplicate and disclose such materials in whole or in part, in any
manner, for any purpose whatsoever and to have others acting on behalf of the Department to do
so. If the materials so developed are subject to copyright, trademark, or patent, legal title and
every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or
application for the same, will vest in the State of Florida, Department of State for the exclusive
use and benefit of the State. Pursuant to Section 286.021, Florida Statutes, no person, firm or
corporation, including parties to this Contract, shall be entitled to use the copyright, patent, or
trademark without the prior written consent of the Department of State.
The Department shall have unlimited rights to use, disclose or duplicate, for any purpose
whatsoever, all information and data developed, derived, documented, or furnished by the
Contractor under this Contract. All computer programs and other documentation produced as
part of the Contract shall become the exclusive property of the State of Florida, Department of
State, and may not be copied or removed by any employee of the Contractor without express
written permission of the Department.
The Contractor, without exception, shall indemnify and save harmless the Department and its
employees from liability of any nature or kind, including cost and expenses for or on account of
any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied
by the Contractor. The Contractor has no liability when such claim is solely and exclusively due
to the combination, operation, or use of any article supplied hereunder with equipment or data
not supplied by the Contractor or is based solely and exclusively upon the Department's
alteration of the article. The Department will provide prompt written notification of a claim of
copyright or patent infringement and will afford the Contractor full opportunity to defend the
action and control the defense of such claim.
Further, if such a claim is made or is pending, the Contractor may, at its option and expense,
procure for the Department the right to continue use of, replace, or modify the article to render it
noninfringing. (If none of the alternatives are reasonably available, the Department agrees to
return the article to the Contractor upon its request and receive reimbursement, fees and costs, if
any, as may be determined by a court of competent jurisdiction.) If the Contractor uses any
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design, device, or materials covered by letter, patent or copyright, it is mutually agreed and
understood without exception that the Contract prices shall include all royalties or costs arising
from the use of such design, device, or materials in any way involved in the work to be
performed hereunder.
N.

Subcontracts
The Contractor is fully responsible for all work performed under this Contract. The Contractor
may, upon receiving written consent from the Department’s Contract Manager, enter into written
subcontract(s) for performance of certain of its functions under this Contract. No subcontract,
which the Contractor enters into with respect to performance of any of its functions under this
Contract, shall in any way relieve the Contractor of any responsibility for the performance of its
duties. All payments to subcontractors shall be made by the Contractor.

Assignment
The Contractor shall not assign its responsibilities or interests under this Contract to another party
without prior written approval of the Department’s Contract Manager. The Department shall, at
all times, be entitled to assign or transfer its rights, duties and obligations under this Contract to
another governmental agency of the State of Florida upon giving written notice to the Contractor.

Force Majeure
Neither party shall be liable for loss or damage suffered as a result of any delay or failure in
performance under this Contract or interruption of performance resulting directly or indirectly
from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military
authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor
disputes.

Severability
The invalidity or unenforceability of any particular provision of this Contract shall not affect the
other provisions hereof and this Contract shall be construed in all respects as if such invalid or
unenforceable provision was omitted, so long as the material purposes of this Contract can still
be determined and effectuated.

Use of Funds for Lobbying Prohibited
The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which
prohibits the expenditure of State funds for the purposes of lobbying the Legislature, the Judicial
branch, or a State agency.

Verbal Instructions
No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of
any discussions with any Department employee. Only those communications that are in writing
from the Department’s staff identified in Section IV., Contract Management, of this Contract shall
be considered a duly authorized expression on behalf of the Department. Only communications
from the Contractor’s representative identified in Section IV., C., which are in writing and signed,
will be recognized by the Department as duly authorized expressions on behalf of the Contractor.

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T.

Conflict of Interest
The Contractor shall not compensate in any manner, directly or indirectly, any officer, agent or
employee of the Department for any act or service that he/she may do, or perform for, or on
behalf of, any officer, agent, or employee of the Contractor. No officer, agent, or employee of
the Department shall have any interest, directly or indirectly, in any contract or purchase made,
or authorized to be made, by anyone for, or on behalf of, the Department.

Department of State Licensing Requirements
All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with
the Department, shall be on file and in good standing with the State of Florida, Department of
State.

MyFloridaMarketPlace Vendor Registration
All vendors that have not re-registered with the State of Florida since March 31, 2003, shall
go to http://vendor.myfloridamarketplace.com/ to complete on-line registration, or call 1866-352-3776 for assisted registration.

Public Entity Crimes Information Statement
A person or affiliate who has been placed on the Convicted Vendor List following a conviction
for a public entity crime may not submit a bid or proposal to provide any goods or services to a
public entity, may not submit a bid or proposal to a public entity for the construction or repair of
a public building or public work, may not submit bids or proposals for leases of real property to a
public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or
consultant under a Contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
Category Two for a period of thirty-six (36) months from the date of being placed on the
Convicted Vendor List.

Discriminatory Vendors List
An entity or affiliate who has been placed on the Discriminatory Vendor List may not submit a
bid or proposal to provide goods or services to a public entity, may not submit a bid or proposal
with a public entity for the construction or repair of a public building or public work, may not
submit bids or proposals on leases of real property to a public entity, may not perform work as a
Contractor, supplier, subcontractor or consultant under a Contract with any public entity and may
not transact business with any public entity.

Governing Law and Venue
This Contract is executed and entered into in the State of Florida, and shall be construed,
performed and enforced in all respects in accordance with the laws, rules and regulations of the
State of Florida. Any action hereon or in connection herewith shall be brought in Leon County,
Florida.

No Third Party Beneficiaries

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CONTRACT #C2372
Except as otherwise expressly provided herein, neither this Contract, nor any amendment,
addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be
construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto.
AA.

Reservation of Rights
The Department reserves the exclusive right to make certain determinations regarding the
service requirements outlined in this Contract. The absence of the Department setting forth a
specific reservation of rights does not mean that any provision regarding the services to be
performed under this Contract are subject to mutual agreement. The Department reserves
the right to make any and all determinations exclusively which it deems are necessary to
protect the best interests of the State of Florida and the health, safety and welfare of the
Department’s inmates and of the general public which is serviced by the Department, either
directly or indirectly, through these services.

BB.

Cooperative Purchasing
As provided in Section 287.042(16)(a), Florida Statutes, other State agencies may purchase from
this Contract, provided that the Department of Management Services has determined that the
Contract’s use is cost effective and in the best interest of the State. Upon such approval, the
Contractor may, at its discretion, sell these commodities or services to additional agencies, upon
the terms and conditions contained herein. In addition, other political subdivisions may also
purchase from this Contract at the discretion of the Contractor. Entities purchasing from this
Contract assume and bear complete responsibility with regard to performance of any contractual
obligation or term.

CC.

Scope Changes After Contract Execution
During the term of the Contract, the Department may unilaterally require, by written order,
changes altering, adding to, or deducting from the Contract specifications, provided that such
changes are within the general scope of the Contract.
The Department may make an equitable adjustment in the Contract prices or delivery date if the
change affects the cost or time of performance. Such equitable adjustments require the written
consent of the Contractor, which shall not be unreasonably withheld.
The Department shall provide written notice to the Contractor thirty (30) days in advance of
any Department required changes to the technical specifications and/or scope of service that
affect the Contractor’s ability to provide the service as specified herein. Any changes that
are other than purely administrative changes will require a formal Contract Amendment.

DD.

Performance Guarantee
The Contractor shall furnish the Department with a Performance Guarantee in the amount of
five hundred thousand ($500,000.00) dollars. The Performance Guarantee shall be issued
for a one-year period, renewed annually for the term of the Contract. The form of the
guarantee shall be a bond, cashier’s check, or money order made payable to the Department.
The guarantee shall be furnished to the Contract Manager within thirty (30) days after
execution of this Contract. No payments shall be made to the Contractor until the guarantee
is in place and approved by the Department in writing. Upon renewal of this Contract, the
Contractor shall provide proof that the performance guarantee has been renewed for the term
of the Contract renewal.
Page 50 of 53

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CONTRACT #C2372

Based upon Contractor performance after the initial year of the Contract, the Department
may, at the Department's sole discretion, reduce the amount of the bond for any single year
of the Contract or for the remaining contract period, including the renewal.
EE.

Convicted Fe]ons Certification
No personnel assigned to this Contract may be a convicted felon or have relatives either confincd
by or under supervision of the Depru1ment.

Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and
shall not be construed to be a modification ofthe terms of this Contract.
This Contract and any attachments or exhibits if included, ITN # 06-DC-7695 and the Contractor's response to
the ITN, contain all the terms and conditions agreed upon by the pmies. In the event of any conflict in language
among these documents, this Contract \vill govern.
IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned
officials as duly authorized.
CONTRACTOR:
SECURUS TECHNOLOGIES, INC.
Telecommunications Services, Inc.

through

its

wholly

owned

subsidiary,

T-NEXTIX

lJJr~

S]GNED
BY:
NAME:
TITLE:

DATE:

FEID #:

kUI.ly.J,'

T- Neitit:

JO - 07oY. '!til
7$. oJJ-/ J ,,/6

DEPARTMENT OF CORRECTIONS /

~I~NED

mVJ

Lr&
r

SIGNED
BY:

NAME:

,James R. McDouough

NAME:

TITLE:

Secretary
Department of Corrections

TITLE:

Kathleeu Von Hoeue

)I..ItI"

DATE:

--=J.",-,r-:cp'--""7P-,-,c~7:f-.....

DATE:

Page 5] of 53
J''vlODEL DOCUMENT REVISED 1/03/07

General Counsel
Department of orrections

liz')

CONTRACT #C2372
ATTACHMENT 1- SECURITY REQUIREMENTS FOR CONTRACTORS
(1) FS 944.47: Except through regular channels as authorized by the officer-in-charge of the correctional
institution, it is unlawful to introduce into or upon the grounds of any state correctional institution, or to
take or attempt to take or send or attempt to send therefrom any of the following articles, which are
hereby declared to be contraband.
(a) Any written or recorded communication or any currency or coin given or transmitted, or intended
to be given or transmitted, to any inmate of any state correctional institution.
(b) Any article of food or clothing given or transmitted, or intended to be given or transmitted, to any
inmate of any state correctional institution.
(c) Any intoxicating beverage or beverage which causes or may cause an intoxicating effect.
(d) Any controlled substance or any prescription or nonprescription drug having a hypnotic,
stimulating or depressing effect.
(e) Any firearm or weapon of any kind or any explosive substance. (This includes any weapons left in
vehicles)
A person who violates any provision of this section as it pertains to an article of contraband described in
subsections (1) a & (1) b is guilty of a felony of the third degree. In all other cases, a violation of a provision
of this section constitutes a felony of the second degree.
(2) Do not leave keys in ignition of motor vehicles. All vehicles must be locked and windows rolled up
when parked on state property. Wheel locking devices may also be required.
(3) Keep all keys in your pockets.
(4) Confirm, with the Institutional Warden, where construction vehicles should be parked.
(5) Obtain formal identification (driver’s license or non-driver’s license obtained from the Department of
Highway Safety and Motor Vehicles). This identification must be presented each time you enter or
depart the institution and at the request of Departmental staff.
(6) Absolutely no transactions between contract personnel and inmates are permitted. This includes, but is
not limited to, giving or receiving cigarettes, stamps, or letters.
(7) No communication with inmates, verbal or otherwise, is permitted without the authorization of the
officer-in-charge.
(8) Strict tool control will be enforced at all times. Tools within the correctional institution are classified as
AA, A, or B. Class AA tools are defined as any tool that can be utilized to cut chain link fence fiber or
razor wire in a rapid and effective manner. Class A tools are defined as those tools which, in their
present form, are most likely to be used in an escape or to do bodily harm to staff or inmates. Class B
tools are defined as tools of a less hazardous nature. Every tool is to be geographically controlled and
accounted for at all times. At the end of the workday, toolboxes will be removed from the compound or
to a secure area as directed by security staff. You must have two copies of the correct inventory with
each tool box, one copy will be used and retained by security staff who will search and ensure a proper
inventory of tools each time the tool box is brought into the facility, the other copy will remain with the
tool box at all times. Tools should be kept to a minimum (only those tools necessary to complete your
job). All lost tools must be reported to the Chief of Security (Colonel or Major) immediately. No
inmate will be allowed to leave the area until the lost tool is recovered.

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CONTRACT #C2372
(9) Prior approval must be obtained from the Chief of Security prior to bringing any powder-activated tools
onto the compound. Strict accountability of all powder loads and spent cartridges is required.
(10) All persons and deliveries to be on Departmental lands will enter and exit by only one designated route
to be determined by the Department and subject to security checks at any time. As the security check
of vehicles is an intensive and time consuming (10-15 minutes) process, the contractor is requested to
minimize the number of deliveries.
(11) Establish materials storage and working areas with the Warden and/or Chief of Security.
(12) Control end-of-day construction materials and debris. Construction materials and debris can be used as
weapons or as a means of escape. Construction material will be stored in locations agreed to by security
staff and debris will be removed to a designated location. Arrange for security staff to inspect the
project area before construction personnel leave. This will aid you in assuring that necessary security
measures are accomplished.
(13) Coordinate with the Warden and Chief of Security regarding any shutdown of existing systems (gas,
water, electricity, electronics, sewage, etc.). Obtain institutional approval prior to shutting down any
existing utility system. Arrange for alternative service (if required) and expeditious re-establishment of
the shutdown system.
(14) All staff and equipment will maintain a minimum distance of 100 feet from all perimeter fencing.
(15) With the intent of maintaining security upon the institution’s grounds, a background check will be made
upon all persons employed by the contractor or who work on the project. The Department,
represented by the Institution’s Warden, reserves the right to reject any person whom it
determines may be a threat to the security of the institution.

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MODEL DOCUMENT REVISED 1/03/07

FL Contract with T-Netix 2007

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