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Contract #00-770-00-03532
Securus Technologies
16
For the CONTRACTOR
Dennis Reinhold
Vice President and General Counsel
14651 Dallas Parkway
Suite 600
Dallas, Texas 75254
972-277-0318
DReinhold@securustech.net
Any change to the Notice individual or the address, shall be effective only in writing.
ARTICLE 30 - GENERAL PROVISIONS
A.
Civil and Criminal Penalties. The Procurement Code, Sections 13-1-28 through 13-1-199
NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico
criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks.
B.
Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state
laws and rules and regulations, and executive orders of the Governor of the State of New
Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the
State of New Mexico, the Contractor agrees to assure that no person in the United States shalL
on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental
handicap, serious medical condition, spousal affiliation, sexual orientation or gender identity, be
excluded from employment with or participation in, be denied the benefits o~ or be otherwise
subjected to discrimination under any program or activity performed under this Agreement. If
Contractor is found not to be in compliance with these requirements during the life of this
Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.
C.
Workers Compensation. The Contractor agrees to comply with state laws and rules
applicable to workers compensation benefits for its employees. If the Contractor fails to comply
with the Workers Compensation Act and applicable rules when required to do so, this Agreement
may be terminated by the Procuring Agency.
D.
Applicable Law. The laws of the State of New Mexico shall govern this Agreement.
Venue shall be proper only in a New Mexico court of competent jurisdiction in the county where
the Procuring Agency's main office is located. By execution of this Agreement, Contractor
acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any
and all such lawsuits.
E.
Waiver. A party's failure to require strict performance of any provision of this
Agreement shall not waive or diminish that party's right thereafter to demand strict compliance
with that or any other provision. No waiver by a party of any of its rights under this Agreement
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shall be effective unless expressed and in writing, and no effective waiver by a party of any of its
rights shall be effective to waive any other rights.
F.
Headings. Any and all headings herein are inserted only for convenience and ease of
reference and are not to be considered in the construction or interpretation of any provision of
this Agreement. Numbered or lettered provisions, sections and subsections contained herein,
refer only to provisions, sections and subsections of this Agreement unless otherwise expressly
stated.
ARTICLE 31 - SURVIVAL
The following Articles 7 - ''Termination Management", 8 - "Indemnification", 9 - ''Intellectual
Property", 10 - "Intellectual Property Indemnification", 18 - ''Liability'', 22 - "Confidentiality",
and 11- ''Warranties'' shall survive the expiration or termination of this Agreement. Software
License and Software Escrow agreements and other unexpired agreements entered into in
conjunction with this Agreement shall survive the expiration or termination of this Agreement.
ARTICLE 32 - TIME
Calculation of Time. Any time period herein calculated by reference to "days" means calendar
days; provided, however, that if the last day for a given act falls on a Saturday, Sunday, or a
holiday as observed by the State of New Mexico, the day for such act shall be the first day
following that is not a Saturday, Sunday, or such observed holiday.
ARTICLE 33 - FORCE MAJEURE
Neither party shall be liable in damages or have any right to terminate this Agreement for any
delay or default in performing hereunder if such delay or default is caused by conditions beyond
its control including, but not limited to Acts of God, Government restrictions (including the
denial or cancellation of any export or other necessary license), wars, insurrections and/or any
other cause beyond the reasonable control of the party who perfonnance is affected.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date ofthe
signature by the required approval authorities below.
BY:~.Cb~
pe Martinez
Date:
3 . .;2. \ -I I
Date:
'3 - t-
Secretary of Corrections
By:
&~
2o{(
Robert Pickens
Chief Operating Officer, Securus Technologies
By:
~...1. ~
Ti1l108ke1e)1
Date:
3-l2.-11
Chief Information Officer, Corrections Department
Approved for legal sufficiency:
By:
3-(D-//
Date:
rewster
Corr ctions Department General Counsel
The records ofthe Taxation and Revenue Department reflect that the Contractor is registered
with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and
compensating taxes:
By:
~1fLL-..
Date:
Taxation & Revenue Department
Approved as to information technology contractual specifications and compliance with the
Dep- rtment ofInfo~ation.Techn0!9~~ A~, Laws 2007, Chapter 290 and any and all Exe~tive
a
Ord~O >6ft . t n e 01· gy ISSUed by the GovemOTftbe State ofNew MeJUco:
By:
ate:
3/ ) ~ \\
Darryl Ackley, Secretary
Department ofInformation Technology
I
ThisA~Ved bytbe SPA:
By:
- ' ./
Date:
Purchasing Agent for
the State of New Mexico
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EXHIBIT A - SCOPE OF WORK
I. Performance Measures
The purpose of the Inmate Management and Control program is to treat incarcerate offenders
in a humane, professionally sound manner and to provide a safe prison environment. This
includes quality hiring and in-service training of correctional officers, protecting the public
from escape risks and protecting prison statt: contractors and prisoners from any exposure to
violence to the extent possible and within budgetary resources. This would also include
motivating prisoners with the opportunity to participate in appropriate programs and services
so they have fewer propensities toward prisoner violence while incarcerated and the
opportunity to acquire living skills and links to community support systems that can assist
them on release.
The Inmate Telephone and Call Monitoring System and Services directly address these
performance measures set forth in the NMCD Strategic Plan, by promoting a safe prison
environment, by providing a system and service for the prisoners to participate in, resulting
in fewer propensities toward prisoner violence.
A. Goals. To provide an inmate telephone and call monitoring system and associated
services that offers the best possible overall rates for inmates and their families, and
provides NMCD staff the capability to perform oversight and monitoring ofsuch calls.
B. Objectives. To assist the NMCD in identifying potential threats to its institutions as well
as the general public through the intelligence gathering process, and to keep
communication lines open for inmates to their families and friends.
c.
Activities. The awarded contractor will provide, per the scope of work, a telephone and
call monitoring system and services, at no cost to the State of New Mexico or the NMCD.
In addition, the awarded contractor will provide the equipment and connectivity for local,
intrastate, interstate and international services including equipment installation,
maintenance 0 f such equipment, training, and other related services. The awarded
contractor will also on a Bi-Annual and Annual basis meet with NMCD officials
regarding performance briefings, and to address any current upgrades and the needs of
theNMCD.
II. Scope of Work
The scope of procurement encompasses the acquisition and operation of a complete inmate
telephone call and call monitoring system, to include the items in the scope of work for a
fully functional system and services. The contract with the selected offeror shall be executed
at no cosito the State of New Mexico or the New Mexico Corrections Department.
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The scope of services includes the f011owing:
• Project management and implementation services
• Provide all equipment, related hardware and software, and required infrastructure
upgrades to provide for a fully functioning system
• Installation, testing, and implementation, maintenance and support services
• Administration, operation, and support services for the inmate telephone and call
monitoring system to meet NMCD's requirements and service levels
• Migration from the current system, services and equipment to the proposed inmate
telephone and call monitoring system
• Operational procedures, training, tools and documentation necessary to operate,
backup, and recover and administer the inmate telephone and call monitoring system
• An environment that is secure and available
• Disaster recovery planning
• Any Interfaces to receive and provide information between the inmate telephone and
call monitoring system and any required applications
• Customer service support to meet the needs of the facilities, inmates families and
friends, and authorized system users, to include billing services
• Call instructions and services for the inmates, their families, and friends
• BI-Annual and Annual reviews
• Call recording migration solution
• Any connectivity required for the provision 0 f such services at the fo llowing locations:
• NMCD Administration Offices, Santa Fe, NM;
• Penitentiary of New Mexico (PNM), Santa Fe, NM;
• Central New Mexico Correctional Facility (CNMCF), Los Lunas, NM;
• Western New Mexico Correctional Facility (WNMCF), Grants, NM;
• Southern New Mexico Correctional Facility (SNMCF), Las Cruces, NM;
• Roswell Correctional Center (RCC), Hagerman, NM;
• Springer Correctional Center (SCC), Springer, NM;
• And any other correctional facility or locations designated by the NMCD.
The awarded Contractor will provide a scope of work for the telephone and call monitoring
system and services, at no cost to the State of New Mexico or New Mexico Corrections
Department (NMCD). Also, the awarded Contractor will provide the equipment and
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connectivity for loca~ intrastate, interstate, and international services including equipment
installation, maintenance.
A.
Deliverable Number 1.
Project Manager
Deliverable One
Due Date
Coml!ensation
Project Manager
10 business days after
contract execution
$0.00
The Contractor MUST provide a full time project manager for the
duration of the implementation until NMCD have accepted all system
~ssign a Project Manager components and services. The project manager will be responsible for
he development and implementation of the project plan, all activities
land acceptance testing.
B.
Deliverable Number 2. Detailed Project Plan
Deliverable Two
Due Date
Coml!ensation
Detailed Project Plan
10 business days after
contract execution
$0.00
!fask Item
Sub Tasks
pescription
The Contractor MUST submit a preliminary Project Plan
with the defined tasks, start and end dates, and resources for
each task. The plan must be for a full statewide
implementation for the locations indicated in the Scope of
Work within a 120-day transition period. The Project Plan
must include at a minimum the following components:
rt»roject Plan
•
•
•
•
Site Survey
Implementation plan
Migration plan
Acceptance T est plan
Training plan
The Contractor MUST be responsible for perfonning a site
survey at all of the facilities indicated in the scope of work
after contract award
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!Acceptance Testing
Call Recording
Migration
C.
The project plan must include an Acceptance Test developed
by the Contractor and approved by the NMCD. Failure to
successfully complete the testing of all facilities may result in
cancellation of the awarded contract with no billing allowed
for the services provided under the contract to that time.
The Contractor MUST transfer existing and historical
recordings and call detail records from the current system to
the proposed system without loss of information and playback .
ability.
Deliverable Number 3 System Requirements
Deliverable Three
Due Date
Coml!ensation
System
Requirements
120 business days
after contract
execution
$0.00
Task Item
Sub Tasks
System
Requirements
System
Configuration
Description
(1) The inmate telephone system must be a turnkey,
non-coin operated telecommunications service.
(2) The proposed inmate telephone system at the
NMCD facilities must be capable of completing
station-to-station calls from inmates by way of
collect calls, debit cards or prepaid
arrangements. International calling capabilities
are required utilizing a pre-paid calling card.
International collect calling is desirable, but not
mandatory.
(3) Contractor must be willing to provide and install
all new equipment at its own expense, to
include new inmate stations made ofheavy
gauge steel construction with armored keypad
and lexan type handset the proposed inmate
telephone system must not require any electrical
outlets at the actual telephone set locations.
Inmate telephone sets must be wall mounted, of
stainless or equivalent tamper-resistant durable
construction and must not use any type of
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mechanical hook-switch. Alternate devices,
such as magnetic hook-switches should be
proposed. Contractor must provide all units a
handset cord, which will withstand a minimum
800 pounds oflongitudinal tension. Each
station must be secured with special security
type screws. Keyed locks are not acceptable.
Telephones must be in full compliance with the
Americans with Disabilities Act (ADA).
(4) The system must have the capability 0 fallowing
NMCD to simultaneously monitor and record
all inmate calls 24 hours a day, 7 days a week,
and store the recordings for 2 years online and
maintain minimum of 4 years offline. Files
must be exportable to any standard equipment
and so ftware.
(5) As to inmates housed in Levels 5 or 6, interim
level 6 and the infrrmary, cordless phones
(similar to home phones of good durable
quality) must be accessible. Phone carts are not
acceptable. All cordless phones must remain at
2.4 GHz or greater, as needed. Such services
should not be cumbersome on NMCD staff and
should not present a threat to the safety and
security of the statI: inmates or facilities.
(6) Contractor MUST submit a detailed
explanation ofthe provision oftext telephone
(TTY) service to speech/hearing handicapped
inmates.
(7) All software provided by the Contractor must
be so ftware that is currently supported by the
software manufacturer throughout the term of
the contract. (i.e. the software has not yet
reached its "end of life" and will not reach its
"end of life" during the contract term.)
Access
The automated system must be restricted to
outgoing calls only, no incoming calls are
allowed. It also must provide outgoing collect
call service or debit card access with no access
to direct dialed or operator-handled service. At a
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minimum, the system must provide for NMCD
officials to retain the capability 0 f turning off or
blocking service to any telephone or group of
telephones from a central location inside the
facility.
The system must be capable of accepting
changes in a central location that will have
immediate effect on all sites. The system must
allow for PIN's, allowed number lists,
monitoring, and blocked number lists to be
controlled from a central location as well as at
each facility for data consistency.
All telephones, or the proposed system as a
whole, must be FCC registered and Contractor's
current FCC number must be provided.
All calls placed from any of the New Mexico
Corrections Department facilities or contract
facilities on inmate telephones must be capable
ofbeing identified to the called party as follows:
''This is a telephone call from, (Inmate speaks
name or system plays inmate's pre-recorded
name) an irunate at the (enter name ofNMCD
Facility).';
Call Branding
''This call is being recorded by the New Mexico
Corrections Department, you have ''X'' minutes
of call time." (Where ''X'' is the maximum
number of minutes allowed for the call).
The system must provide the called party with
the ability to hear calling rates as they apply to
the phone call they are receiving, before the call
is accepted and, in the case of collect calls, state
that lower calling rates are available through prepaid calls.
Call Length Control
Corrections Facility officials must be given total
flexibility to limit the length of calls placed by
inmates. Normally calls are limited to a
maximum oftwenty minutes. The inmate must
be warned prior to disconnection of the call that
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the call time limit is about to expire. The system
must provide the ability to set such time limits at
the PIN and station level, as well as globally,
across the system.
Call Supervision
(1) The inmate telephone system must provide livemonitoring capability via a line indicator at a
central location at each facility as well as NMCD
central office with which NMCD personnel must
have the ability to select any access line by
pressing a single button or issuing a simple
keystroke command. This capability must be
provided from any inmate telephone system
workstation to any facility. NMCD must be able
to monitor any .inmate phone from any facility
from all monitor stations. Contractor must
provide the NMCD Central Office with one (1)
inmate telephone monitoring workstation.
Neither the called party nor the inmate should
detect an audible or other indicator that would
warn himlher that the line is being monitored.
(2) All call monitoring must be available via the
inmate telephone system workstation. No other
equipment should be required. Each facility
workstation and Central Office access stations
shall have access to the activity of any site in the
system.
(3) The inmate telephone system must allow system
users with the appropriate password level of
authority to instantly terminate an inmate call in
progress from the inmate telephone system
workstation and through remote capability (e.g. a
cell phone).
Fraud Control
(1) Aid in controlling fraudulent use of the telephone
network, including call relaying and other
schemes must be provided by detection of and
interference with secondary call patterns,
termination of calls if a second dial tone is
detected, and elimination of any opportunity for
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switchhook dialing.
(2) The NMCD will bear no responsibility for the
loss of revenue as a result of fraudulent use of
the telephone service. Fraudulent calls are the
sole responsibility of the Contractor.
(3) The system must have the capability to detect the
dialing of additional Dual-Tone Multi-Frequency
(DTMF) following call connection. Upon
detection, the system must playa warning
message to the inmate and the called party.
(4) The system must provide tp,e ability to detect,
prevent, and flag three-way calls and provide for
an automatic disconnect on a three way call.
Facility personnel should be provided with the
ability to mark the call as a three-way call and
disconnect the call.
Recording
Requirements
Call Recording:
(1) The inmate telephone system must provide a
fully integrated recording component for use in
recording inmate telephone calls. Inmate
telephone administration, conversation
monitoring, and conversation recording and
playback should all take place from a single
inmate telephone system workstation at each
public facility and the NMCD central office.
(2) The system must utilize current technology in
hardware, specifically redundant hard disk drive
arrays for long and short-term storage. These
arrays must be configured for maximum
performance and data preservation.
(3) The system must utilize self-contained, internal
data storage, i.e. hard drive storage able to hold
both conversation recording and call detail
reports for two (2) years on-line.
(4) As to online storage, the system must be able to
retrieve both conversational recordings and call
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detail reports for a total oftwo (2) years. For
disaster recovery purposes, a backup copy of this
data must be saved to electronic medium and
stored off-site for a total of four (4) years. In
case of a disaster, it is the vendor's responsibility
to recover and restore the system and all the data
to include the call recordings and detail records.
(5) For playback purposes, the recording system
must provide the facility personnel the ability to
search by individual PIN, specific date and time
criteria, individual destination numbers,
individual inmate telephones, or a group of
inmate telephones.
(6) The system must provide a playback history list
of all recorded call(s) to determine every user
that has listened to the recorded call.
(7) The system must provide the hardware and
software to allow recorded calls to be transferred
to a CD, DVD, e-mai~ or other electronic
medium for transport and replay on any
computer with audio capabilities.
(8) All recordings from eyery site must be available
on-line via the inmate telephone system
workstation interface so system-wide
investigations may be performed from a central
location at any NMCD prison facility and the
NMCD central office. This process shall not
require more than one login by an authorized
user.
Answer and
Termination
Detection
The telephone system must record the method in
which the call was accepted or denied. Further,
the system must record the method in which the
call was terminated. This information must be
contained within the call detail records (CDR)
and be inCluded in call detail reports.
Call Detail Reports
(1) The inmate telephone system must provide full
call detail reports for use in administrative and
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investigative purposes. The inmate telephone
system disk must be capable of all call record
detail reports for a period of 2 years online and
retain 4 years off system backup/retention. All
call detail records must be collected and stored
real time at a central, secure location and an
offsite backup.
(2) The proposed system at a minimum must provide
to mcility personnel the following reports
displaying (online), and printing both real time
and historical detail records based on the
following criteria:
(a) Called number and duration
(b) Specific date or range of dates
(c) Disposition of call
(d) All calls placed from a specific
telephone or group of telephones
(e) Call history
(t) Cumulative call progress statistics
(g) Method of call acceptance or
denial
(h) Cost of each call as billed
(3) The records must provide the following
minimum types of information on all outgoing
calls:
(a) Inmate Name and number
(b) Inmate PIN number
(c) Method ofpayment (collect or
debit card or other pre-paid)
(d) Time of day originated and
terminated
(e) Date of call
(t) Station number originating call
(g) Number dialed
(h) Line or Trunk group and trunk
number call route
(i) Duration of call in minutes and
seconds
(j) Method of call termination
(k) Location of the station originating
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the call
(I) Cost of the call
(4) The inmate telephone system MUST be able to
generate frequency and daily reports including
origination number, destination number, inmate
PIN, trunk identification number, and other
critical data defined by NMCD.
Prepaid Calling
(1) The inmate telephone system must provide
prepaid calling features respective to both the
inmate and the called party. The NMCD will not
allow the contractor to integrate the inmate
prepaid telephone system with the automated
inmate trust account or commissary system. The
prepaid system MUST allow calling to
international numbers, Competitive Local
Exchange Carrier (CLEC) numbers, and other
numbers that might otherwise not be allowed.
(2) Inmate PIN-based Prepay
The inmate telephone system must
provide a prepaid calling option for
inmates with the following features:
(a) Inmates must be able to
purchase prepaid calling
cards from the facility's
commissary.
(b) The prepaid system must
allow for international calls
and must not require any
assistance from a third
party.
(c) All prepaid calls must be
subject to all call
restrictions provided with
collect calling on the inmate
telephone platform such as
blocking, velocity, call
duration, etc.
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(3) Called Party Prepay
(a) The inmate telephone
provider must provide a
prepaid calling system for
any called party based upon
the called party's individual
telephone number with the
following feature:
• Activate the call
with inmate's
personal
identification
number.
(b) The successful Contractor
must staff an account
management group to
receive inbound calls for
customers who wish to have
a prepaid account
established for them
(4) Collect Calls
The inmate telephone system must allow inmates
to place collect calls to telephone numbers
within the United States.
Officer Check - In
The system must have the capability of allowing
corrections officers to "check in" from any
phone in the system, entering hislher PIN
number and creating a report log of the time,
date, and location of the phone used to "check
."
m.
System Integrity
It is the responsibility of the Contractor to assure
an operational system including any and all
interfaces with the regulated common carrier and
the availability ofrequired central office
facilities. The Contractor agrees that:
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