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GSD/PD (Rev. 01/11)
State of New Mexico
General Services Department
Contract
Awarded Vendor
0000071871
Securus Technologies Inc.
Contract Number: 00-770-00-03532
14651 Dallas Parkway, Suite 600
Dallas, Texas 75254
Payment Terms: See Contract
F.O.B.: See Contract
Telephone No. (972) 277-0691
Delivery: See Contract
Ship To:
New Mexico Corrections Department
4337 NM 14
Santa Fe , New Mexico 87508
Procurement Specialist: Genie J. Becker
Telephone No.: (505) 476-3121
Invoice:
Same as "Ship To"
For questions regarding this contract please contact:
Albert Montano (505) 827-8673
Title: Inmate Telephone & Call Monitoring Services
Term: March 31, 2011 thru March 30, 2013
This Contract is made subject to the " terms and conditions " shown on the reverse side of this page, and as
indicated in this Contract.
Accepted for the State of New Mexico
New Mexico State Purchasing Agent
Purchasing Division, 1100 St. Francis Drive, PO Box 6850, Santa Fe, NM 87502-6850 (505) 827-0472
RM_P -
Date : 03/31/11
Contract #00-770-00-03532
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1
Z011 MAR 28 AN 11: 21
State of New Mexico
New Mexico Corrections Department
Information Technology
Agreement
Contract No. 00-770-00-03532
THIS Information Technology Agreement ("Agreement") is made by and between the State of
New Mexico, Corrections Department, hereinafter referred to as the "Procuring Agency" or
"NMCD", and Securus Technologies Inc. hereinafter referred to as the "Contractor" and
collectively referred to as the "Parties".
WHEREAS, pursuant to the Procurement Code, NMSA 1978 13-1-28 et. seq; and Procurement
Code Regulations, NMAC 1.4.1 et.seq; the Contractor has held itself out as expert in
implementing the Scope of Work as contained herein and the Procuring Agency has selected the
Contractor as the offeror most advantageous to the State of New Mexico; and
WHEREAS, all terms and conditions of the Request For Proposals, and the Contractor's
response to such document(s) including any best and final offers, are incorporated herein by
reference; and
NOW, THEREFORE , IT IS MUTUALLY AGREED BETWEEN THE PARTIES:
ARTICLE 1 - DEFINITIONS
A. "Acceitance" shall mean the approval, after Quality Assurance, of all Deliverables by an
executive level representative ("Executive Level Representative") of the Procuring Agency.
B. "Change Request" shall mean the document utilized to request changes or revisions in the
Scope of Work.
C. "Chief Information Officer ("CIO")" shall mean the CIO of the New Mexico Cor rections
Department for the State of New Mexico or designated representative.
D. "Deliverable" shall mean any verifiable outcome, result , service or product that must be
delivered, developed, performed or produced by the Contractor as defined by the Scope of
Work.
E. "DoIT" shall mean the Department of Information Technology.
F. "DFA" shall mean the Department of Finance and Administration ; "DFA/CRB" shall mean
the Department of Finance and Administration, Contracts Review Bureau.
G. "Escrow" shall mean a legal document ( such as the software source code) delivered by the
contractor into the hands of a third party, to beheld by that party until the performance of a
condition is accepted ; in the event contractor fails to perform, the grantee agency receives the
legal document , in this case, source code.
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H. "Enhancement " means any modification or addition that , when made or added to the
program, materially changes its or their utility , efficiency, functional capability, or
application, but does not constitute solely an Error Correction . After conferring with
Procuring Agency, an Enhancement may be identified as minor or major.
1. "Executive Level Representative" shall mean the individual empowered with the authority to
represent and make decisions on behalf of the Procuring Agency's executives.
J. "Know How" shall mean all technical information , data and knowledge including, but not
limited to , all documents, computer storage devices, drawings , flow charts, plans, proposals,
records, notes, memoranda, manuals and other tangible items containing , relating or causing
the enablement of any Intellectual Property developed under this Agreement.
K. "NMCD" Shall mean the New Mexico Corrections Department
L. "Intellectual Property " shall mean any and all proprietary information developed pursuant to
the terms of this Agreement.
M. "Independent Verification and Validation ("IV&V")" shall mean the process of evaluating a
project and the project ' s product to determine compliance with specified requirements and
the process of determining whether the products of a given development phase fulfill the
requirements established during the previous stage, both of which are performed by an entity
independent of the Procuring Agency.
N. "Payment Invoice" shall mean a detailed , certified and written request for payment of
services rendered from the Contractor to the Procuring Agency. Payment Invoice(s) must
contain the fixed price Deliverable cost and identify the Deliverable for which the invoice is
submitted.
0. "Performance Bond" shall mean a surety bond which guarantees that the contractor will fully
perform the contract and guarantees against breach of contract.
P. "Project" shall mean a temporary process undertaken to solve a well -defined goal or
objective with clearly defined start and end times, a set of clearly defined tasks, and a budget.
The project terminates once the project scope is achieved and project approval is given by the
Executive Level Representative and verified by the agency CIO.
Q. "Project Manager" shall mean a qualified person from the Procuring Agency responsible for
all aspects of the Project or the administration of this Agreement. Under the terms of this
Agreement, the Project Manager shall be NMCD STIU Administrator , Dwayne Santistevan
or designated representative.
R. "Duality Assurance" shall mean a planned and systematic pattern of all actions necessary to
provide adequate confidence that a Deliverable conforms to established requirements,
customer needs, and user expectations.
S. "State Purchasing Agent (SPA)" - shall mean the State Purchasing Agent for the State of
New Mexico or designated representative.
T. "State Purchasing Division ( SPD)"- shall mean the State Purchasing Division of the General
Services Department for the State of New Mexico.
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ARTICLE 2 - SCOPE OF WORK
A. Scope of Work. The Contractor shall perform the work as outlined in Exhibit A,
attached hereto and incorporated herein by reference. The Contractor shall perform the work
necessary to provide and install an inmate telephone system with prepaid calling features, which
will permit calling to local, intrastate, interstate, international numbers and Competitive Local
Exchange Carrier (CLEC) numbers. The Contractor shall not integrate the inmate telephone
system with the automated inmate trust account or commissary systems. The specific work
which the Contractor shall perform at minimum, is described in Exhibit A, attached hereto and
incorporated herein by reference. However, notwithstanding the minimum work requirements of
Exhibit A, it is the responsibility of the Contractor to verify the completeness of the
requirements and their suitability to meet the intent of this contract. The Contractor will at all
times provide services in compliance with all deliverables in Exhibit A.
B. Performance Measures. Contractor shall substantially perform the Performance
Measures set forth in Exhibit A, and shall report at least monthly to the Project Manager on its
performance of said Performance Measures. In the event the Contractor fails to obtain the results
described in Exhibit A, the Procuring Agency may provide written notice to the Contractor of the
default and specify a reasonable period of time in which the Contractor shall advise the
Procuring Agency of specific steps it will take to achieve these results and the proposed
timetable for implementation. Nothing in this Section shall be construed to prevent the
Procuring Agency from exercising its rights pursuant to Article 6.
C. Schedule. The due dates, as set forth in Exhibit A, shall not be altered or waived by the
Procuring Agency without prior written approval, through the Change Management process, as
defined in Article 14.
D. License. Contractor hereby grants Procuring Agency a non-exclusive, irrevocable, license to
use, modify, and copy the Securus Technologies software and any and all updates, corrections
and revisions as defined in Article 2 and Exhibit A, for the term of this Agreement.
The right to copy the software is limited to the following purposes: archival, backup and training.
All archival and backup copies of the software are subject to the provisions of this Agreement,
and all titles, patent numbers, trademarks, copyright and other restricted rights notices shall be
reproduced on any such copies.
1) Contractor agrees to maintain, at contractor's own expense, a copy of the software
source code to be kept by an escrow agent and to list the Procuring Agency as an
authorized recipient of this source code. The source code shall be in magnetic form on
media specified by the Procuring Agency. The escrow agent shall be responsible for
storage and safekeeping of the magnetic media. Contractor shall replace the magnetic
media no less frequently than every six (6) months to ensure readability and to preserve
the software at the current revision level. Included with the media shall be all associated
documentation which will allow the Procuring Agency to top load, compile and maintain
the software in the event of a breach.
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2) If the Contractor ceases to do business or ceases to support this Project or Agreement
and it does not make adequate provision for continued support of the licensed software it
provided the Agency; or, if this Agreement is terminated, or if the Contractor breaches
this Agreement , the Contractor shall make available to the Procuring Agency: 1) the
latest available licensed software program source code and related documentation meant
for the licensed software provided or developed under this Agreement by the Contractor
and listed as part of the purchase system; 2) the source code and compiler/utilities
necessary to maintain the system; and, 3) related documentation for software developed
by third parties to the extent that the Contractor is authorized to disclose such software.
In such circumstances, Procuring Agency shall have an unlimited right to use , modify
and copy the source code and documentation.
ARTICLE 3 - COMPENSATION
A. Compensation Schedule. Services provided by the Contractor will be paid by the fees
collected by the Contractor from inmates in the New Mexico Corrections System, who place
telephone calls using the telephone system offered by the Contractor , and from parties to whom
such inmates place collect calls.
B. Payment. Compensation shall be paid to the Contractor solely from the rates charged,
based on schedule of inmate calling rates provided in Exhibit A. There shall be no compensation
paid to the Contractor by the State of New Mexico, or the NMCD, including but not limited to
gross receipts taxes under this agreement.
C. Taxes. "The Contractor shall not be reimbursed by the Procuring Agency for applicable
New Mexico gross receipts taxes, nor interest or penalties assessed on the Contractor by any
authority". The payment of taxes for any money received under this Agreement shall be the
Contractor's sole responsibility and should be reported under the Contractor's Federal and State
tax identification number(s).
Contractor and any and all subcontractors shall pay all Federal, state and local taxes applicable to
its operation and any persons employed by the Contractor . Contractor shall require all
subcontractors to hold the Procuring Agency harmless from any responsibility for taxes,
damages and interest , if applicable, contributions required under Federal and/or state and local
laws and regulations and any other costs, including transaction privilege taxes , unemployment
compensation insurance, Social Security and Worker's Compensation.
D. Retainaee . Not Applicable.
E. Performance Bond . Not Applicable.
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ARTICLE 4 - ACCEPTANCE
A. Submission. Upon completion of agreed upon Deliverables as set forth in Article 2 and
Exhibit A, Contractor shall submit a description of the deliverable to the Project Manager for
acceptance.
B. Acceptance. In accordance with Section 13-1-158 NMSA 1978, the Executive Level
Representative shall determine if the Deliverable provided meets specifications. No acceptance
shall be made for any Deliverable until the individual Deliverable has been Accepted, in writing,
by the Executive Level Representative. In order to Accept the Deliverable, the Executive Level
Representative, in conjunction with the Project Manager, will assess the Quality Assurance level
of the Deliverable and determine, at a minimum, that the Deliverable:
1.) Complies with the Deliverable requirements as defined in Article 2 and Exhibit A;
2.) Complies with the terms and conditions of the Request for Proposals;
3.) Meets the performance measures for the Deliverable(s) and this Agreement;
4.) Meets or exceeds the generally accepted industry standards and procedures for the
Deliverable(s); and
5.) Complies with all the requirements of this Agreement.
If the Deliverable is deemed Acceptable under Quality Assurance by the Executive Level
Representative or designee, the Executive Level Representative will notify the Contractor of
Acceptance, in writing, within fifteen (15) business days from the date the Executive Level
Representative receives the Deliverable(s).
C. Rejection. Unless the Executive Level Representative gives notice of rejection within the
fifteen (15) day business day Acceptance period, the Deliverable will be deemed to have been
accepted. If the Deliverable is deemed unacceptable under Quality Assurance, fifteen (15) days
from the date the Executive Level Representative receives the Deliverable(s), the Executive
Level Representative will send a consolidated set of comments indicating issues, unacceptable
items, and/or requested revisions accompanying the rejection. Upon rejection and receipt of
comments, the Contractor will have ten (10) business days to resubmit the Deliverable to the
Executive Level Representative with all appropriate corrections or modifications made and/or
addressed. The Executive Level Representative will again determine whether the Deliverable(s)
is Acceptable under Quality Assurance and provide a written determination within fifteen (15)
business days of receipt of the revised or amended Deliverable. If the Deliverable is once again
deemed unacceptable under Quality Assurance and thus rejected, the Contractor will be required
to provide a remediation plan that shall include a timeline for corrective action acceptable to the
Executive Level Representative. The Contractor shall also be subject to all damages and
remedies attributable to the late delivery of the Deliverable under the terms of this Agreement
and available at law or equity. In the event that a Deliverable must be resubmitted more than
twice for Acceptance, the Contractor shall be deemed as in breach of this Agreement. The
Procuring Agency may seek any and all damages and remedies available under the terms of this
Agreement and available at law or equity. Additionally, the Procuring Agency may terminate
this Agreement.
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ARTICLE 5 - TERM
THIS AGREEMENT SHALL NEITHER BE EFFECTIVE NOR BINDING UNTIL
APPROVED BY THE NMCD, DoIT, AND NEW MEXICO THE STATE PURCHASING
AGENT. This Agreement shall terminate four (4) years from the day after the contract is fully
executed, unless terminated pursuant to Article 6. The Procuring Agency reserves the option to
renew the initial contract on an annual basis, or any part thereof, for up to four (4) additional one
year terms, or any portion thereof In no case will this contract , including renewals thereof,
exceed a total of eight (8) years in duration. No contract term, including extensions and renewals,
shall exceed four years if the Agreement is less than $25, 000 or exceed eight years if the
Agreement exceeds $25,000 as set forth in Section 13-1-150 NMSA 1978.
ARTICLE 6 - TERMINATION
This Agreement may be terminated as follows:
A. General. By the either Party upon written notice to be delivered to the other party not
less than one hundred twenty (120) business days prior to the intended date of termination.
B. Appropriations. By the Procuring Agency, if required by changes in State or federal law,
or because of court order , or because of insufficient appropriations made available by the United
States Congress and/or the New Mexico State Legislature for the performance of this Agreement.
The Procuring Agency's decision as to whether sufficient appropriations are available shall be
accepted by the Contractor and shall be final . If the Procuring Agency terminates this
Agreement pursuant to this subsection , the Procuring Agency shall provide the Contractor
written notice of such termination at least thirty (90) business days prior to the effective date of
the termination.
C. Regulatory Authority. By the Procuring Agency, if during the term of this agreement or
any renewal or extension hereof, the Contractor is determined not to have all required regulatory
authority and approvals to provide the services under this agreement.
D. Obligations and Waiver. By termination pursuant to this Article, neither party may
nullify obligations already incurred for performance or failure to perform prior to the date of
termination. THIS ARTICLE IS NOT EXCLUSIVE AND DOES NOT CONSTITUTE A
WAIVER OF ANY OTHER LEGAL RIGHTS AND REMEDIES AFFORDED THE
PROCURING AGENCY AND THE STATE OF NEW MEXICO CAUSED BY THE
CONTRACTOR'S DEFAULT OR BREACH OF THIS AGREEMENT.
ARTICLE 7 - TERMINATION MANAGEMENT
A. Contractor, In the event this Agreement is terminated for any reason , or upon expiration,
and in addition to all other rights to property set forth in this Agreement , the Contractor shall:
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1.) Transfer, deliver, and/or make readily available to the Procuring Agency property in
which the Procuring Agency has a financial interest and any and all data, Know How,
Intellectual Property, inventions or property of the Procuring Agency;
2.) Incur no further financial obligations for materials , services, or facilities under the
Agreement without prior written approval of the Procuring Agency;
3.) Terminate all purchase orders or procurements and any subcontractors and cease all
work, except as the Procuring Agency may direct , for orderly completion and
transition;
4.) Take such action as the Procuring Agency may direct, for the protection and
preservation of all property and all records related to and required by this Agreement;
5.) Agree that the Procuring Agency is not liable for any costs arising out of termination
and that the Procuring Agency is liable only for costs of Deliverables Accepted prior
to the termination of the Agreement;
6.) Cooperate fully in the closeout or transition of any activities to permit continuity in
the administration of Procuring Agency programs;
7.) In the event that this Agreement is terminated due to the Contractor's course of
performance, negligence or willful misconduct and that course of performance,
negligence, or willful misconduct results in reductions in the Procuring Agency's
receipt of program funds from any governmental agency, the Contractor shall remit to
the Procuring Agency the full amount of the reduction;
8.) Should this Agreement terminate due to the Contractor's default, the Contractor shall
reimburse the Procuring Agency for all costs arising from hiring new
contractor/subcontractors at potentially higher rates and for other costs incurred;
9.) In the event this Agreement is terminated for any reason, or upon its expiration, the
Contractor shall assist and cooperate with the Procuring Agency in the orderly and
timely transfer of files, computer software , documentation, system turnover plan,
Know How, Intellectual Property and other materials, whether provided by the
Procuring Agency or created by the Contractor under this Agreement, to the
Procuring Agency, including but not limited to, user manuals with complete
documentation, functional technical descriptions of each program and data flow
diagrams. At the request of the Project Manager , the Contractor shall provide to the
Procuring Agency a copy of the most recent versions of all files, software, Know
How, Intellectual Property and documentation , whether provided by the Procuring
Agency or created by the Contractor under this Agreement.
B. Procuring Agency. In the event this Agreement is terminated for any reason , or upon
expiration, and in addition to all other rights to property set forth in this Agreement, the
Procuring Agency shall 1) Retain ownership of all work products up to and including all
equipment, infrastructure, and documentation created pursuant to this Agreement; and 2 ) Pay the
Contractor all amounts due for services Accepted prior to the effective date of such termination
or expiration.
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ARTICLE 8 -INDEMNIFICATION
A. General. The Contractor shall defend, indemnify and hold harmless the Procuring
Agency, the State of New Mexico and its employees from all actions, proceedings, claims,
demands, costs, damages, attorneys' fees and all other liabilities and expenses of any kind from
any source which may arise out of the performance of this Agreement, caused by the negligent
act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents,
or if caused by the actions of any client of the Contractor resulting in injury or damage to persons
or property during the time when the Contractor or any officer, agent, employee, servant or
subcontractor thereof has or is performing services pursuant to this Agreement. In the event that
any action, suit or proceeding related to the services performed by the Contractor or any officer,
agent, employee, servant or subcontractor under this Agreement is brought against the
Contractor, the Contractor shall, as soon as practicable, but no later than two (2) days after it
receives notice thereof, notify, by certified mail, the legal counsel of the Procuring Agency, the
Risk Management Division of the New Mexico General Services Department, and the DoIT.
B. The indemnification obligation under this Agreement shall not be limited by the existence
of any insurance policy or by any limitation on the amount or type of damages, compensation or
benefits payable by or for Contractor or any subcontractor, and shall survive the termination of
this Agreement. Money due or to become due to the Contractor under this Agreement may be
retained by the Procuring Agency, as necessary, to satisfy any outstanding claim that the
Procuring Agency may have against the Contractor
ARTICLE 9 - INTELLECTUAL PROPERTY
Ownership. Contractor hereby acknowledges and grants to the Procuring Agency during the
Term of this Agreement, and any renewal hereof, a nonexclusive, royalty free license to use and
copy the Intellectual Property and Know How created or conceived pursuant to, or as a result of,
performance of this Agreement, including but not limited to the software license set out in
Article I IC.
Contractor Background Technology shall mean all procedures, designs, drawings, models, trade
secrets, know-how, source codes, software and other documentation, information and technology
proprietary to the Contractor, which Contractor (i) has acquired or acquires from third parties,
(ii) creates outside of its performance of its services under this Agreement, or (iii) relates to skills
and knowledge of a general nature acquired by the Contractor in the course of performance of
services under this Agreement. Contractor retains all rights, including, but not limited to,
Intellectual Property Rights in any and all of the Contractor Background Technology provided to
the Agency under this Agreement. For purposes of clarification, the definition of "Know How"
and "Intellectual Property" are in reference to Agency's rights and ownership thereto.
ARTICLE 10 - INTELLECTUAL PROPERTY INDEMNIFICATION
A. Intellectual Property Indemnification. The Contractor shall defend, at its own expense,
the Procuring Agency, the State of New Mexico and/or any other State of New Mexico body
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against any claim that any product or service provided under this Agreement infringes any
patent, copyright or trademark, and shall pay all costs, damages and attorneys fees that may be
awarded as a result of such claim. In addition , if any third party obtains a judgment against the
Procuring Agency based upon Contractor's trade secret infringement relating to any product or
services provided under this Agreement , the Contractor agrees to reimburse the Procuring
Agency for all costs, attorneys' fees and the amount of the judgment. To qualify for such
defense and/or payment , the Procuring Agency shall:
1.) Give the Contractor written notice, within forty-eight (48) hours, of its notification of
any claim;
2.) Work with the Contractor to control the defense and settlement of the claim, as
allowed under the law; and
3.) Cooperate with the Contractor, in a reasonable manner, to facilitate the defense or
settlement of the claim.
B. Procuring Agency Rights . If any product or service becomes, or in the Contractor's
opinion is likely to become, the subject of a claim of infringement, the Contractor shall, at its
sole expense:
1.) Provide the Procuring Agency the right to continue using the product or service and
fully indemnify the Procuring Agency against all claims that may arise out of the
Procuring Agency's use of the product or service;
2.) Replace or modify the product or service so that it becomes non-infringing; or
3.) Accept the return of the product or service and refund an amount equal to the value of
the returned product or service, less the unpaid portion of the purchase price and any
other amounts, which are due to the Contractor. The Contractor's obligation will be
void as to any product or service modified by the Procuring Agency to the extent such
modification is the cause of the claim.
ARTICLE 11- WARRANTIES
A. General. The Contractor hereby expressly warrants the Deliverables as being correct and
compliant with the terms of this Agreement, Contractor's official published specification and
technical specifications of this Agreement and all generally accepted industry standards. This
warranty encompasses correction of defective Deliverables and revision of the same, as
necessary, including deficiencies found during testing, implementation, or post-implementation
phases.
B. Software. The Contractor warrants that any software or other products delivered under
this Agreement shall comply with the terms of this Agreement, Contractor's official published
specification(s) and technical specifications of this Agreement and all generally accepted
industry standards. The Contractor further warrants that the software provided under this
Agreement will meet the applicable specifications for the duration of this agreement, after
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Acceptance and implementation by the NMCD. If the software fails to meet the applicable
specifications during the warranty period, the Contractor will correct the deficiencies, at no
additional cost to the Procuring Agency, so that the software meets the applicable specifications.
ARTICLE 12 - CONTRACTOR PERSONNEL
A. Key Personnel. Contractor's key personnel shall not be diverted from this Agreement
without the prior written approval of the Procuring Agency. Key personnel are those individuals
considered by the Procuring Agency to be mandatory to the work to be performed under this
Agreement. Contractor agrees that all personnel providing services under this agreement,
including all persons to be identified subsequently, have undergone thorough criminal record
history reviews, and Contractor affirmatively represents that none has a criminal record (not
including petty misdemeanors). Key personnel shall be:
Steven Cadwell, Account Manager
John Jacoby, Service Manager
B. Personnel Changes. Replacement of any personnel shall be made with personnel of equal
ability, experience, and qualification and shall be approved by the Procuring Agency. For all
personnel, the Procuring Agency reserves the right to require submission of their resumes and
certification of the above criminal background check prior to approval . If the number of
Contractor' s personnel assigned to the Project is reduced for any reason , Contractor shall, within
ten (10) business days of the reduction, replace with the same or greater number of personnel
with equal ability, experience, and qualifications, subject to Procuring Agency approval The
Procuring Agency, in its sole discretion, may approve additional time beyond the ten (10)
business days for replacement of personnel . The Contractor shall include status reports of its
efforts and progress in finding replacements and the effect of the absence of the personnel on the
progress of the project . The Contractor shall also make interim arrangements to assure that the
project progress is not affected by the loss of personnel. The Procuring Agency reserves the
right to require a change in Contractor 's personnel if the assigned personnel are not , in the sole
opinion of the Procuring Agency, meeting the Procuring Agency ' s expectations.
ARTICLE 13 - STATUS OF CONTRACTOR
A. Independent Contractor. The Contractor and its agents and employees are independent
contractors performing professional services for the Agency and are not employees of the State
of New Mexico . The Contractor and its agents and employees shall not accrue leave , retirement,
insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the State
of New Mexico as a result of this Agreement . The Contractor acknowledges that all sums
received hereunder are personally reportable by it for income tax purposes as self-employment or
business income and are reportable for self-employment tax.
B. Subject of Proceedings . Contractor warrants that neither the Contractor nor any officer,
stockholder, director or employee of the Contractor, is presently subject to any litigation or
administrative proceeding before any court or administrative body which would have an adverse
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effect on the Contractor's ability to perform under this Agreement; nor, to the best knowledge of
the Contractor, is any such litigation or proceeding presently threatened against it or any of its
officers, stockholders, directors or employees. If any such proceeding is initiated or threatened
during the term of this Agreement, the Contractor shall immediately disclose such fact to the
Procuring Agency.
ARTICLE 14 - CHANGE MANAGEMENT
A. Changes. Contractor may only make changes or revisions within the Scope of Work as
defined by Article 2 and Exhibit A after receipt of written approval by the Executive Level
Representative. Such change may only be made to Tasks or Sub-Task as defined in the Exhibit
A. Under no circumstance shall such change affect the:
1) Deliverable requirements;
2) Compensation due under the terms of this Agreement; or
3) Due Date of any Deliverable, as outlined in Exhibit A.
B. Change Request Process. In the event that circumstances warrant a change to accomplish
the Scope of Work as described above, a Change Request shall be submitted that meets the
following criteria: 1) The Project Manager shall draft a written Change Request for Executive
Level Representative review and approval to include: the name of the person requesting the
change, a summary of the required change, the start date for the change, the reason and necessity
for change, the urgency level for the change, the elements to be altered, the impact of the change,
the staffing plan associated with the change, the impact on the schedule for implementing the
change, the cost impact, the risk assessment and a recommended approach to the change, and 2)
The Executive Level Representative shall provide a written decision on the Change Request to
the Contractor within a maximum of ten (10) working days of receipt of the Change Request.
All decisions made by the Executive Level Representative are final. Change requests, once
approved, become a part of the contract and become binding as a part of the original contract.
ARTICLE 15 - INDEPENDENT VERIFICATION AND VALIDATION
Not applicable
ARTICLE 16 - DEFAULT/ BREACH
In case of default and/or breach by the Contractor, for any reason whatsoever, the Procuring
Agency and the State of New Mexico may procure the goods or services from another source and
hold the Contractor responsible for any resulting excess costs and/or damages, including but not
limited to, direct damages, indirect damages, consequential damages, special damages and the
Agency and the State of New Mexico may also seek all other remedies under the terms of this
Agreement and under law or equity.
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ARTICLE 17 - EQUITABLE REMEDIES
Contractor acknowledges that its failure to comply with any provision of this Agreement will
cause the Procuring Agency irrevocable harm and that a remedy at law for such a failure would
be an inadequate remedy for the Procuring Agency, and the Contractor consents to the Procuring
Agency's obtaining from a court of competent jurisdiction, specific performance, or injunction,
or any other equitable relief in order to enforce such compliance. Procuring Agency's rights to
obtain equitable relief pursuant to this Agreement shall be in addition to, and not in lieu of, any
other remedy that Procuring Agency may have under applicable law, including, but not limited
to, monetary damages.
ARTICLE 18 - LIABILITY
Contractor shall be liable for damages arising out of injury to persons and/or damage to real or
tangible personal property before or after Acceptance, delivery, installation and use of the
equipment, either at the Contractor's site or the Procuring Agency's place of business, provided
that the injury or damage was caused by the fault or negligence of the Contractor or defect of the
equipment or installation. Contractor shall not be liable for damages arising out of, or caused by,
alterations to the equipment (other than alterations performed or caused by Contractor's officers,
employees or agents) made by the Procuring Agency or for losses occasioned by the Procuring
Agency's fault or negligence. Nothing in this Agreement shall limit the Contractor's liability, if
any, to third parties and employees of the Procuring Agency or the State of New Mexico, or any
remedy that may exist under law or equity in the event a defect in the manufacture of the
equipment, or the negligent acts or omissions of the Contractor, its officers, employees, or
agents, is the cause of injury to such person.
ARTICLE 19 - ASSIGNMENT
The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for
money due or to become due under this Agreement without the prior written approval of this
Agreement's approval authorities.
ARTICLE 20 - SUBCONTRACTING
The Contractor shall not subcontract any portion of this Agreement without the prior written
approval of the Procuring Agency. No such subcontracting shall relieve the Contractor from its
obligations and liabilities under this Agreement, nor shall any subcontracting obligate payment
from the Procuring Agency.
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ARTICLE 21- RELEASE
The Contractor's acceptance of final payment of the amount due under this Agreement shall
operate as a release of the Procuring Agency, its officers and employees, and the State of New
Mexico from all liabilities, claims and obligations whatsoever arising from or under this
Agreement. The Contractor agrees not to purport to bind the State of New Mexico unless the
Contractor has express written authority to do so, and then only within the strict limits of that
authority.
ARTICLE 22 - CONFIDENTIALITY
Any confidential information provided to the contractor by the agency or, developed by the
Contractor based on information provided by the agency in the performance of this Agreement
shall be kept confidential and shall not be made available to any individual or organization by the
Contractor without the prior written approval of the Procuring Agency. Upon termination of this
Agreement, Contractor shall deliver all confidential material in its possession to the Procuring
Agency within thirty (30) business days of such termination. Contractor acknowledges that
failure to deliver such confidential information to the Procuring Agency will result in direct,
special and incidental damages.
ARTICLE 23 -CONFLICT OF INTEREST
The Contractor warrants that it presently has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the performance or services
required under the Agreement. The Contractor certifies that the requirements of the
Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding
contracting with a public officer, state employee or former state employee have been followed.
ARTICLE 24 - RECORDS AND AUDIT
The Contractor shall maintain detailed time and expenditure records that indicate the date, time,
nature and cost of services rendered during this Agreement's term and effect and retain them for
a period of three (3) years from the date of final payment under this Agreement. The records
shall be subject to inspection by the Procuring Agency, CIO, SPA, and DFA. The Procuring
Agency shall have the right to audit billings both before and after payment. Payment for services
under this Agreement shall not foreclose the right of the Procuring Agency to recover excessive
or illegal payments.
ARTICLE 25 - AMENDMENT
This Agreement shall not be altered, changed, or amended except by an instrument in writing
executed by the Parties hereto. No amendment shall be effective or binding unless approved by
all of the approval authorities.
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ARTICLE 26 - NEW MEXICO EMPLOYEES HEALTH COVERAGE
A. If Contractor has, or grows to, six (6) or more employees who work, or who are
expected to work, an average of at least 20 hours per week over a six (6) month period during the
term of the contract, Contractor certifies, by signing this agreement, to have in place, and agree
to maintain for the term of the contract, health insurance for those employees and offer that
health insurance to those employees no later than July 1, 2010 if the expected annual value in the
aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.
B. Contractor agrees to maintain a record of the number of employees who have (a)
accepted health insurance; (b) declined health insurance due to other health insurance coverage
already in place; or (c) declined health insurance for other reasons. These records are subject to
review and audit by a representative of the state.
C. Contractor agrees to advise all employees of the availability of State publicly financed
health care coverage programs by providing each employee with , as a minimum , the following
web site link to additional information: http://insurenewmexico.state.nm.us/.
D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without
specific limitations on quantity and providing for an indeterminate number of orders to be placed
against it); Contractor agrees these requirements shall apply the first day of the second month
after the contractor reports combined sales (from state and, if applicable, from local public
bodies if from a state price agreement) of $250,000, $500,000 or $1,000,000, depending on the
dollar value threshold in effect at that time.
ARTICLE 27 - EMPLOYEE PAY EQUITY REPORTING
A. Contractor agrees if it has ten (10) or more New Mexico employees OR eight (8) or more
employees in the same job classification, at any time during the term of this contract, to complete
and submit the PEI0-249 form on the annual anniversary of the initial report submittal for
contracts up to one (1) year in duration. If contractor has (250) or more employees contractor
must complete and submit the PE250 form on the annual anniversary of the initial report
submittal for contracts up to one (1) year in duration. For contracts that extend beyond one (1)
calendar year, or are extended beyond one (1) calendar year, contractor also agrees to complete
and submit the PEI0-249 or PE250 form, whichever is applicable, within thirty (30) days of the
annual contract anniversary date of the initial submittal date or, if more than 180 days has
elapsed since submittal of the last report, at the completion of the contract, whichever comes
first. Should contractor not meet the size requirement for reporting at contract award but
subsequently grows such that they meet or exceed the size requirement for reporting, contractor
agrees to provide the required report within ninety (90 days) of meeting or exceeding the size
requirement. That submittal date shall serve as the basis for submittals required thereafter.
B. Contractor also agrees to levy this requirement on any subcontractor(s) performing more
than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the
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stated employee size thresholds during the term of the contract. Contractor further agrees that,
should one or more subcontractor not meet the size requirement for reporting at contract award
but subsequently grows such that they meet or exceed the size requirement for reporting,
contractor will submit the required report, for each such subcontractor, within ninety (90 days) of
that subcontractor meeting or exceeding the size requirement. Subsequent report submittals, on
behalf of each such subcontractor, shall be due on the annual anniversary of the initial report
submittal Contractor shall submit the required form(s) to the State Purchasing Division of the
General Services Department, and other departments as may be determined, on behalf of the
applicable subcontractor(s) in accordance with the schedule contained in this paragraph.
Contractor acknowledges that this subcontractor requirement applies even though contractor
itself may not meet the size requirement for reporting and be required to report itself.
C. Notwithstanding the foregoing, if this Contract was procured pursuant to a solicitation,
and if Contractor has already submitted the required report accompanying their response to such
solicitation, the report does not need to be re-submitted with this Agreement.
ARTICLE 28 - MERGE & SCOPE ORDER OF PRECEDENCE
A. Severable. The provisions of this Agreement are severable, and if for any reason, a
clause, sentence or paragraph of this Agreement is determined to be invalid by a court or agency
or commission having jurisdiction over the subject matter hereof, such invalidity shall not affect
other provisions of this Agreement, which can be given effect without the invalid provision.
B. Merger/Scope/Order. This Agreement incorporates any and all agreements, covenants
and understandings between the Parties concerning the subject matter hereof, and all such
agreements, covenants and understanding have been merged into this Agreement. No prior
agreement or understanding, verbal or otherwise, of the Parties or their agents or assignees shall
be valid or enforceable unless embodied in this Agreement.
ARTICLE 29 - NOTICES
All deliveries, notices, requests, demands or other communications provided for or required by
this Agreement shall be in writing and shall be deemed to have been given when sent by
registered or certified mail (return receipt requested), when sent by overnight carrier, or upon
telephone confirmation by Contractor to the sender of receipt of a facsimile communication that
is followed by a mailed hard copy from the sender. Notices shall be addressed as follows:
For the NMCD
Dwayne Santistevan , STIU Administrator
New Mexico Corrections Department
4337 NM 14, Santa Fe, NM 87508
Phone - 505-827-8275 Fax - 505-827-8801
Dwayne santistevan@, state.nm.us
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For the CONTRACTOR
Dennis Reinhold
Vice President and General Counsel
14651 Dallas Parkway
Suite 600
Dallas, Texas 75254
972-277-0318
DReinho ld(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 ot, 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 performance is affected.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the
signature by the required approval authorities below.
Date:
By.
3-,, 21-11
lie Martinez
Secretary of Corrections
By:
X-It ` -,Ge-- Date: 3 ' 7 Zo! /
Robert Pickens
Chief Operating Officer, Securus Technologies
By ^.Xndt^.lNr Date:
Tim Oake
Chief Information Officer, Corrections Department
Approved for legal sufficiency:
By:
James7Brewster
Corr{dctions Department General Counsel
The records of the 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:
CRS ID Number: p
By:
a 2R y 7
0300 9
Date:
Approved as to information technology contractual specifications and compliance with the
Department of Information Technology Act, Laws 2007, Chapter 290 and any and all Executive
Orders relating to ormat'on hnology issued by the Governor of the State of New Mexico:
By:
u I.
y, Secretary
Date: 3
f
261
01
Department of Information Technology
This Agreem"t ha,1been approved by the SPA:
By:
/fjol f "
\^
Date:
f
313/
Purchas ing Agent for
the State of New Mexico
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EXHIBIT A - SCOPE OF WORK
1. 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 staff, 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 of such 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 of 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
the NMCD.
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 cost to the State of New Mexico or the New Mexico Corrections Department.
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The scope of services includes the following:
• 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 of such services at the following 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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equipment
connectivity for local, intrastate, interstate , and international services including
installation, maintenance.
A. Deliverable Number I . Project Manager
Deliverable One
Due Date
LOMMEMlon
Project Manager
10 business days after
contract execution
$0.00
ssign a Project Manager
[he Contractor MUST provide a full time project manager for the
luration of the implementation until NMCD have accepted all system
;omponents and services . The project manager will be responsible for
he development and implementation of the project plan, all activities
d acceptance testing.
B. Deliverable Number 2 . Detailed Project Plan
Delp erabb Two
Due Date
Compensation
Detailed Project Plan
10 business days after
contract execution
$0.00
ask Item
ub Tasks
Description
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:
Project Plan
• Implementation plan
• Migration plan
• Acceptance Test plan
• Training plan
Site Survey
The Contractor MUST be responsible for performing a site
survey at all of the facilities indicated in the scope of work
after contract award
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Acceptance Testing
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.
P all Recording
Migration
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.
C. Deliverable Number 3 System Requirements
Deliverable Three
Due Date
CoMpLang-02
System
Requirements
120 business days
after contract
execution
$0.00
ask Item
System
R equirements
ub Tasks
ystem
Configuration
)escription mnm^
(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 of heavy
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 t 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 of longitudinal 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 of allowing
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 off line. Files
must be exportable to any standard equipment
and software.
(5) As to inmates housed in Levels 5 or 6, interim
level 6 and the infirmary, 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 staff; inmates or facilities.
(6) Contractor MUST submit a detailed
explanation of the provision of text telephone
(TTY) service to speechthearing handicapped
inmates.
(7) All software provided by the Contractor must
be software 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 of 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
of being 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 inmate at the (enter name of NMCD
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 of twenty 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 him/her 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.
cell phone).
Fraud Control
(1) Aid in controlling fraudulent use of the telephone
network, including can 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 play a warning
message to the inmate and the called party.
(4) The system must provide the 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
Call Recording:
Requirements
(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 of two (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-mail, or other electronic
medium for transport and replay on any
computer with audio capabilities.
(8) All recordings from every 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.
The telephone system must record the method in
which the can 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.
Answer and
Termination
Detection
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 facility 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
(f) 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 of payment (collect or
debit card or other pre-paid)
(d) Time of day originated and
terminated
(e) Date of call
(f) Station number originating call
(g) Number dialed
(h) Line or Trunk group and trunk
number call route
(1) Duration of call in minutes and
seconds
(j) Method of call termination
(k) Location of the station on inat'
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the call
(n 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 his/her PIN
number and creating a report log of the time,
date, and location of the phone used to "check
in".
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 of required central office
facilities. The Contractor a grees that:
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(1) The Contractor is familiar with the local
conditions under which this inmate telephone
service system must perform.
(2) The Contractor possesses the capabilities,
hardware, and personnel necessary to provide an
efficient and successful inmate telephone service
system. The NMCD will not provide support or
office space for the contractor's site
administrators.
(3) The Contractor is solely responsible for all
services proposed . Notwithstanding the details
presented in this RFP, it is the responsibility of
the Contractor to verify the completeness of the
requirements and their suitability to meet the
intent of this RFP. The Contractor, at no extra
cost to the NMCD or the State of New Mexico
and with no increase in rates, must provide any
additional services, required by the State to meet
these specifications.
Automated
Diagnostics and
Maintenance
The proposed system must have automated
diagnostics and problem reporting features, which
alert Contractor and NMCD staff when issues arise
with software and/or hardware to include the
following:
(1) The system software/hardware must perform
self-test diagnostics without NMCD personnel
intervention.
(2) When the system detects a problem, at minimum
a notification must immediately be displayed to
the support staff in the Contractor 's maintenance
center and NMCD system screen. Contractor
must have remote system support capability.
(3) Contractor MUST include with its submitted
offer, clear, concise well-documented
information describing the operation of the
diagnostic system.
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(4) Core component failures, servers and controllers
must be repaired within 4 hours.
(5) Phone groups or multi phone areas with
problems must be resolved within 8 hours.
(6) Single phone failures must be resolved by next
business day.
(7) Contractor must notify the NMCD of any
failures immediately with an estimated
restoration time. Contractor must provide
updates to the assigned facility coordinator every
four hours until service is restored.
(1) Level I - repair must be made by the end of the
Repair Time
Criteria by Level
next business day.
What constitutes a Level I repair: one of
multiple phones is not operational, monitoring
and recording not functioning in one housing
area.
(2) Level II - repair must be made within 8 hours.
What constitutes a Level II repair: entire inmate
housing area not operational.
(3) Level III - 4-hour physical response and/or
remote reset and repair.
What constitutes a Level III repair: multiple
inmate housing areas phones are not operational,
monitoring and recording not functioning
properly, entire system failure.
Uninterrupted
Power Supply (UPS)
The Contractor must provide uninterruptible
power supplies (UPS) for the Inmate Telephone
and Call Monitoring System and any necessary
telecommunication equipment at the NMCD
facilities and central office. The UPS must
prevent potential problems or interruptions with
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the Inmate Telephone and Call Monitoring
System, which are caused by power failures,
surges, and spikes. The UPS must provide a
minimum thirty (30) minutes of continuous
back-up battery power in the event of electric
system outage, brown-out, or no back-up power
generator service. In the event of a power
failure, if the Inmate Telephone and Call
Monitoring System has been powered by the
UPS for thirty (30) minutes with back-up
battery power, the UPS must initiate a
"graceful" shutdown of the Inmate Telephone
and Call Monitoring system.
The Contractor is responsible for maintaining
the UPS per manufacturer's instructions and
warranty for the term of the Agreement.
Miscellaneous
Telephone
Equipment and
Wiring
Contractor must provide as part of this Contract
all non-expendable miscellaneous equipment
such as computer, printer, modems and system
software necessary to allow facility officials to
query, display and print individual inmate
telephone activity. Contractor must provide one
(1) complete workstation at each of the
following facilities (PNM, SNMCF, WNMCF,
RCC, SCC, NMCD's Central Office, and any
other future site) and two (2) workstations at
CNMCF. Contractor to provide list of
Equipment at each location that will be supplied
with system software needed to interface with
the Inmate Telephone System to perform such
functions as traffic management, system
administration, call blocking and maintenance
diagnostics. System software must be security
level based and password protected. All power,
network, and communication wiring needed for
the system is to be installed by the Contractor.
All traffic for phone system is to be on a
separate physical phone network. No sharing of
agencies data network resources shall be used
for the phone infrastructure.
Any workstations connected to the Inmate
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Telephone and Call Monitoring System must be
2GHz or faster processors with 256 RAM or
more.
All workstations connected to the Inmate
Telephone and Call Monitoring System MUST
be running Windows XP, in order to conform to
NMCD workstation standards. These
workstations must run the State of New
Mexico's standard virus protection software.
The system must be capable of blocking an
unlimited number of individual numbers.
Contractor must state the method and quantity of
telephone numbers the system can block.
Blocked numbers must be able to be entered at a
central location and at each facility and have
immediate affect either at the facility level or
system-wide.
Call Blocking
Inmate PIN System
(1) The inmate telephone system must be capable of
assigning a unique PIN for each inmate. Each
PIN must be a nine (9)-digit number in length.
The PIN number must be the inmate number (5
digits) and a random 4-digit number. The PIN
number must be automatically transferable
when an inmate is transferred from one facility
to another. The system must provide an
automated PIN setup feature that allows an
NMCD employee to set up the inmate PIN
account. The Contractor must convert PIN
numbers used in present system to the proposed
system with no use of NMCD employee time.
At the present time there are approximately
10,000 current PIN numbers.
(2) Each PIN number must link to a call duration
table, call velocity table (# of calls allowed
within a specified time frame), programmable
free calls table and phone usage periods table.
(3) Each inmate PIN must have the ability to have
an associated call allowed number list that
includes telephone numbers the inmate is
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permitted to call.
(4) The inmate telephone system must provide a
method for facility personnel to continually
build and set up the allowed number list for
each existing and future inmate PIN/PAN.
(5) The Contractor must provide for initial set up of
PAN's for every existing inmate PIN with no use
of NMCD employee time.
(1) All called numbers must be validated at a
central location, on a real time basis to eliminate
access to blocked numbers, payphones, pagers
or other unacceptable numbers.
Call Validation
(2) A method for completing calls to Competitive
Local Exchange Carrier (CLEC) customers in
real time must be provided. The system must
provide a method for completing calls to CLEC
customers on the first and subsequent calls.
Controlled Access
(1) The proposed inmate telephone system MUST
provide facility officials with a means of
controlling general access to telephone services.
The system must provide a means to set
telephones and groups of telephones in or out of
service at predetermined times
(2) Facility officials MUST have the capability of
shutting down all telephones in a housing unit,
all telephones in the entire facility or all phones
system-wide from a single central interface at
each facility.
(3) Contractor must provide a manual cut-off switch
at the facilities where system is located.
Operator Services,
Voice Prompts and
Calling Instructions
(1) The system proposed must be designed to use
only an automated operator, with clear and
concise instructions to place inmate calls.
Absolutely no live operator access is allowed.
At a minimum, language options must include
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English and Spanish. The Contractor MUST
develop, deliver, and provide in detail, the
process a call would follow including voice
prompts, validation process, and
acceptance/denialprocess.
(2) If additional languages should be required, the
system must be capable of providing automated
operator voice prompts in up to ten (10)
languages, chosen by the NMCD at no extra
cost to the NMCD. Modification or addition of
languages must be made at no extra cost to the
NMCD.
(3) Contractor MUST be willing to use the
following "Scripts" when collect calls, inmate
prepaid calls (inmate debit card), and called
party prepaid calls are placed.
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Call Scripts
1. Script for Type of Call - Collect Calls:
Hello, "You are about to receive a Collect Call from
[Inmate Name], an inmate housed at the
[Name of Institution]. Before accepting
this collect telephone call, please be advised that
accepting a collect call will cost you more than it
would if you prepaid for this collect call Collect calls
are charged at $0.65 cents for up to a 20 minute call;
and prepaid collect calls are charged at $0.59 cents
for up to a 20 minute call. If you still want to accept
this collect call, please touch To prevent future
calls from this facility touch If the call is
accepted the prompt must state, "This call is subject to
monitoring and recording." The script must also
include information as to how the caller should follow
voice prompts, how calls will be validated, and how
the call(s) can be accepted or denied.
*(j - must be a single sign (star (*) or pound (#)
or digit)
2. Script for Type of can - Inmate Prepaid Calls ( inmate
debit card):
Hello, "You are about to receive [Type of
Call] from [Inmate Name], an inmate
housed at the [Name of Institution]. If you
still want to accept this [Type of call],
please touch *( ). To refuse this [Type of
Call] press *( ). To prevent future calls from this
facility touch*(_). If the call is accepted the prompt
must state, "This call is subject to monitoring and
recording." The script must also include information
as to how the caller should follow voice prompts, how
calls will be validated, and how the call(s) can be
accepted or denied.
*(J - must be a single sign (star (*) or pound (#)
or digit)
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3. Script for Type of Call - Called Party Prepaid Calls:
Hello, "You are about to receive a [Type of
Call] from [Inmate Name], an inmate
housed at the [Name of Institution].
Before accepting this telephone call, please be advised
that accepting [Type of Call] you will be
charged at -cents per minute. If you still want to
accept this [Type of Call], please touch
*(^. To prevent future calls from this facility touch
If the call is accepted the prompt must state,
"This call is subject to monitoring and recording."
The script must also include information as to how the
caller should follow voice prompts, how calls will be
validated, and how the call(s) can be accepted or
denied.
*(__) - must be a single sign (star (*) or pound (#)
or digit)
Testing of
Contractor will perform and support all testing with
Inmate
NMCD identified staff of the ITCM system prior to
Telephone
System
include all equipment/software, installation,
implementation of the new system. Testing will
modifications, and any connectivity required for the
services at the following 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 during the term of this
contract.
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Encryption
Contractor must provide and install an inmate
telephone call monitoring service that provides for
full 128 bit encryption.
Reliability
Contractor must provide for the following:
• Data Centers that are Tier IV with uptime of
99.995% , maximum 0.4 hours/year downtime (TIA942)
• Network with redundant firewall
• A network that allows for every call to be written
twice
• Authentication with unique and fully trackable
logins
o Role Based Security levels
o Logging of all individual activity with
audit trail reporting
o Implementing Agency system
administrator
• Watermarking for all data and recordings using the
inmate telephone and call monitoring system without
the loss of quality,
D. Deliverable Number 4. Proposed Recording System Details
Deliverable Four a ate Comnensatlon
iness dsys after $0.00
Proposed Recording System Details 120contract
bus
execution
ask Item
Proposed
Recording
System
Details
Sub Tasks
S ecurity Envelope
Description
Recorded conversations stored in the system must provide
security measures to ensure that they have not been
tampered with. This security must extend even to
recordings that have been transferred to external CD, DVD
medium and/or transmission by e-mail. The Contractor
must provide expert testimony regarding security of the call
recordings if required. The transferred record must include
the call record detail (time and date of the call, PIN number,
destination number, etc).
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Locking Calls
search and Play
(parameters
Via a workstation, the system must allow administrators to
"lock" call recordings to ensure their retrieval beyond the
on-line storage period (e.g. 30 days , 90 days, etc.). Once a
call recording is locked , it must be available on-line until
unlocked.
The contractor ' s system must meet the following minimum
requirements:
1) Allow administrators to search for calls completed and
recorded during a specific time period.
2) Allow administrators to search for calls placed at a
specific inmate telephone.
3) Allow administrators to search for calls placed to a
specific destination number.
4) Allow administrators to search for calls containing predefined "keywords".
5) Allow administrators to search for calls made by phones
assigned to a specific group.
6) Allow administrators to playback on-line recorded calls
from remote locations via the workstation within 10 seconds
of selection by the operator.
7) Playback of recorded calls must not require any media
change.
8) Off-line records must be accessible within 10 seconds
when accessing remotely.
Live
onitoring/Remote
1onitoring
The inmate recording system must allow for live
monitoring in real time , without any interference to existing
recording operation. This feature must be available locally
over the workstation PC's speakers , as well as remotely to
a telephone number specifically designated by the system
administrator. Additionally, the NMCD must have the
capability while monitoring, to terminate the call from the
phone keypad. Monitoring must not be detectable by the
callers and the system must b e able to allow multiple
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endpoints to monitor ongoing conversations.
Not Number Alerts
[Reports
ttaching notes to
Call Detail Records
The system must allow an administrator to designate "Hot"
PINs, or "Hot" destination numbers. When the system
detects that a call is being made using any of these preprogrammed "Hot" PINs or destination numbers, the
system must automatically call destination numbers
designated by the NMCD . The system must allow system
administrators to add or remove destination numbers from
the hot list table. These designated numbers must include
any standard phone number or phone on the state phone
system, cell phones, and pagers. When personnel receive
an alert call from the system, they must be prompted for a
security code and then immediately able to monitor the call
in progress. The recipient must be undetected by the
inmate and called party ; however, they must have the
ability to disconnect the call or cut into the call and talk to
each party. Alerts to pagers must send information to the
specified pager including the number being dialed , the PIN
used in dialing, etc. The system at a minimum must allow
the chain of three numbers to be called in sequential form
to alert facility personnel.
The inmate telephone system must provide system
administrators with the capability to print reports directly
from the search screen . After selecting parameters such as
origination number, destination number , date, time,
keywords, or group, the system must be able to provide a
return list of calls matching the criteria. The system must
allow this list to be printed in report format . Additionally,
the system must provide the ability to produce call count
reports as well as frequency reports based on the above
listed criteria.
System users must be able to attach a note document to any
call record for the purposes of inclusion of information
such as the case number or other investigative data. This
note must become a permanent part of the call detail record
and have the capability to be saved to disk and used in
word processing programs such as Microsoft Word and still
retain the formatting. In addition, the inmate telephone
system must have the capability to conduct searches on the
information contained within the notes, i.e. case number,
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inmate name, etc.
11111101111111111
U ser Password
System
User Log
0111011111
Security must be maintained by a multi-level password
system based on user access requirements. The system
must allow users to be assigned pre-set security levels, or
allow the flexibility to assign individual access permissions
based upon specific job requirements. These permissions
must include, but not be limited to, access to inmate
accounts, monitoring, call searching, etc. Those users with
the administrator level password must have the ability to
set user access parameters for other users according to
security requirements.
As a security precaution, the system must provide a user
log. Only those users with administrator level access shall
be able to review the user log. The log must include user
access to the system, the time and date of each access, and
the action taken during the user access.
E. Deliverable Number 5. Rates, Fees, and Costs
D e Comoeuntion
Deliverable On
Rates, Fees, and Costs
ask Item
Rates , Fees,
and Costs
Sub Tasks
MINION
tes, Fees , and
osts
Tm the Term of This $0.00
Contract
Description
The Contractor is responsible for ensuring that all inmate
telephone call and monitoring services and the awarded
rates comply with all applicable federal, state and local
regulations including, but not limited to, New Mexico and
federal law, and the rules, regulations and orders of the
New Mexico Public Regulation Commission (PRC) and the
Federal Communications Commission (FCC). All awarded
rates, fees, and agency approved costs shall be fixed for the
term of the contract as outlined below and shall be
inclusive of all travel, overhead, profit, regulatory fees and
surcharges, and administrative expenses ("Fixed Rate").
The Fixed Rate shall include all rates, fees, and charges of
every kind associated with a call to include Universal
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Service fees , and there shall be no separate or additional
charge to inmates or their families for time prompts, rate
information requested, operator assistance, or any other
functions.
If the customer's choice of payment is to pay using a
money order or certified funds for which the customer pays
a third party entity (such as the US Postal Service or
Western Union) or an entity not affiliated with having a
business relationship with the Contractor or with regard to
the subject matter of this contract or the RFP, those costs of
the customer shall NOT be included in the Fixed Rate.
The Fixed Rate does not include the Federal , State,
County, City taxes, and a return check charge for non
sufficient funds (NSF) on services provided.
Any attempt to impose such additional charge(s) during the
term of this contract shall be grounds for (1) immediate
termination of the contract and/or (2) payment of liquidated
damages of $1,000.00 for each call on which the Contractor
attempts to impose such a charge in violation of this
requirement, in the sole discretion of the Procuring Agency.
N o Commissions
Neither the State of New Mexico or NMCD will accept any
commission from the inmate telephone traffic nor is it
soliciting commissions from any contract award.
Inmate Prepaid
The Contractor will propose a single, per call Fixed Rate
Call Rate (Debit
Cards)
(up to 20 minutes) for an inmate prepaid call inclusive of
all fees, call setup or connect charges, or any other costs
incurred for all Inmate Prepaid Calls, including all Local,
Intrastate and Interstate calls originating within the
continental United States, its territories and protectorates,
and Canada. The Fixed Rate shall be a single blended rate
for all inmate prepaid calling rates and should be clear to
anyone who might make use of this form of calling. The
awarded rate for this deliverable shall be disclosed in
ATTACHMENT "A" of this contract.
Inm ate "Collect
all" Rate
The Contractor will propose a single, per call Fixed Rate
( up to 20 minutes ) for all inmate collect calls inclusive of
all fees, call setup or connect charges, or any other costs
incurred, for all Collect Calls including all Local, Intrastate
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and Interstate originating within the continental United
States, its territories and protectorates, and Canada. The
Fixed Rate shall be a single blended rate for all inmate
collect call rates and should be clear to anyone who might
make use of this form of calling. The awarded rate for this
deliverable shall be disclosed in ATTACHMENT "A" of
this contract.
Called Party"
Prepaid Call Rate
The Contractor will propose a single, per call Fixed Rate
( up to 20 minutes ) for all "Called Party" prepaid call
inclusive of all fees, call setup or connect charges, or any
other costs incurred for all Called Party Prepaid Calls
including all Local, Intrastate and Interstate originating
within the continental United States, its territories and
protectorates, and Canada. The Fixed Rate shall be a single
blended rate for all inmate "called party" prepaid call rates
and should be clear to anyone who might make use of this
form of calling. The awarded rate for this deliverable shall
be disclosed in ATTACHMENT "A" of this contract.
International Call
to
The Contractor will propose a single, per call Fixed Rate
(up to 20 minutes) for an international call inclusive of all
fees, call setup or connect charges, or any other costs
incurred for all international calls. The Fixed Rate shall be
a single blended rate for all inmate International call rates
and should be clear to anyone who might make use of this
form of calling. The International Call Fixed Rate shall be
the same for Inmate Prepaid, Inmate Collect Calls, and
Called Party Prepaid Calls. The awarded rate for this
deliverable shall be disclosed in ATTACHMENT "A" of
this contract.
Rate for Non
Sufficient Funds
(NSF)
If the Contractor requires a return check charge for non
sufficient funds, the Contractor must propose a single
return check charge for non sufficient funds (NSF) that is
the lesser of $25 or the charge actually assessed on the
Contractor by its chartered bank for such NSF checks. The
awarded rate for this deliverable shall be disclosed in
ATTACHMENT "A" of this contract.
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The Contractor must purchase the outstanding prepaid debit
cards from the Procuring Agencies commissaries at each
facility wherein they were provided upon termination of the
contract
mate Prepaid
Debit Cards
F. Deliverable Number 6. Testing of Inmate Telephone System
Deliverable Six
Due Date
n
Commusat-19a
Testing of Inmate Telephone System
120 business days after
contract execution
$0.00
ask Item
eating of
Inmate
elephone
System
ub Tasks
Description
Contractor will provide and install an inmate telephone call
monitoring system (which meets the system requirements
in deliverable 4) to include all equipment, software,
modifications, support, and any connectivity required for
the services at the following 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 during the term of
this contract.
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G. Deliverable Number 7. Inmate Pre-Paid Debit Cards
Deliverable Seven Due Date
Inmate Pre-Paid Debit Cards
Task Item
Initial/onetime
distribution of
nmate Prepaid
Debit Cards
Due date:
within 10 days
of contract
execution)
Sub Tasks
3
See Below
Compensation
$0.00
Description
Contractor will provide an initial/onetime distribution of a
given number of prepaid debit cards directly to each facility
as listed:
• Penitentiary of New Mexico (PNM), Santa Fe,
NM - #2500 cards;
. Central New Mexico Correctional Facility
(CNMCF), Los Lunas, NM #2000 cards;
• Western New Mexico Correctional Facility
(WNMCF), Grants, NM - #1000 cards;
• Southern New Mexico Correctional Facility
(SNMCF), Las Cruces, NM - #1000 cards;
• Roswell Correctional Center (RCC), Hagerman,
NM - #500 cards;
• Springer Correctional Center (SCC), Springer,
NM - #500 cards
ale of
mate
repaid
Debit Cards
Contractor will sell to each facility the number of cards
requested by the facility. Such inmate prepaid debit cards
shall be in $10.00 denominations only.
Due Date: thru
h e term of the
nn
contract)
Purchase
outstanding
prepaid
debit cards
Contractor will purchase the outstanding prepaid debit
cards from the Implementing Agency commissaries at
each facility wherein they were provided upon termination
of the contract.
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H. Deliverable Number 8. Maintenance and Support
Deliverable EIS Due Date Compensation
Maintenance and Support
Task Item
Maintenance
and Support
Sub Tasks
Thtu the Term of this
C,outtact
$0.00
Description
Contractor will provide a dedicated service team for the
maintenance and support of the inmate telephone and call
monitoring system/services.
Contractor will provide a technical support team that will
provide 24X7 technical support for the inmate telephone and
call monitoring system/services with the established repair
time criteria by level established for this agreement.
Contractor will provide technical support to implementing
agency and their facilities via a toll-free number, website,
and /or email.
Contractor will provide access to the help desk issue tickets
by identified NMCD staff. The tickets must have at
minimum but not limited to the details of the
problem/resolution, current status, and the timestamp of
when the ticket was opened and closed.
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1. Deliverable Number 9.
Upgrades to Inmate Telephone and Call Monitoring
System/Services
Deliverable Nine
DmDaft.
Compensation
Upgrades to Inmate Telephone and Call
Monito S em/Services
Thta the_ Term of this
Contract
$0.00
Task Item
Sub Tasks
son
Contractor will provide the agency with any upgrades to the
Inmate Telephone Monitoring System (i.e., hardware,
software, voice biometrics features, training and any other
upgrade associated with the system) at no cost to the state,
inmates, or the inmates' families.
Contractor must notify NMCD identified staff within at least
seven (7) business days notice when upgrades will be
released and provide a description of the upgrade and its
impact on the system.
J.
Deliverable Number 10.
Disaster Recovery Plan
Deliverable Ten
Disaster Recovery Plan
Task Item
Create a
Disaster
Sub Tasks
e Date Compensation
T80
ss days after
t execution
$0.00
Description
Contractor must provide NMCD a disaster recovery
plan to include but not limited to the following:
Recovery
• Policies and procedures for disaster recovery
Plan
• Backup and storage for call recordings and call data
• Measures taken to prevent a disaster situation
• Disaster recovery sites and location
• Remote connectivity
Contractor must provide updates to the Disaster Recovery
Plan as changes occur through the term of this contract.
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K. Deliverable Number 11.
Calling Instructions/Services for Inmates and Their
Families
Due Date
Deliverable Eleven
clunnensatiou
Calling Instructions/Services for Inmates
20 business days after
E20
and Their Families
contract execution
ask Item
Provide
Calling
Instructions
for the
Inmates and
their Families
for different
can types
Sub Tasks
$0.00
ion
Contractor must provide user friendly, easy to understand
detailed calling instructions for the different type of calls
available to inmates, to include but not limited to:
• Inmate Debit Prepaid
• Inmate Collect
• Called Parry Prepaid
• Inmate Flat Rate
Contractor must clearly identify the following in the
instructions:
• Prerequisites for establishing the account for the
inmate and family to make calls
• Identify the different types of calls
• Clearly define the Payment options for each type
of call (to include where to deposit money, who to
contact (name, phone#)
Contractor must make the instructions available to the
inmates and their families through the following
mediums:
• Website
• Pamphlets to be made available at corrections
visiting areas and phone stations
• Customer care call centers
• Automated voice responses
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Contractor must provide the instructions in the following
languages:
• English
• Spanish
• Any other language identified and required by the
State, depending on the need, at no additional cost
to the State, the inmates, and/or their families.
Contractor will provide different payment options for the
inmates friends and family to include, but not be limited
to:
• Western Union
• Visa, MasterCard, (via phone)
• Check, (by phone)
• Money order, cashiers check by US Mail
Contractor will provide the first call to the end user phone
number as a "free call". The account will be immediately
setup after the initial free call.
L. Deliverable Number 12.
Billing Services
Deliverable Twelve
Billing Services
ask Item
filling Services
Sub Tasks
Due
to
20 business days after
contract execution
Comuensatlon
$0.00
tion
Contractor will provide a 24X7 full service end user
support to include the following:
• Internet address
• Automated voice response
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M. Deliverable Number 13. Bi-Annual and Annual Reviews
Deliverable Thirteen
Due Date Compensation
Bi-Annual and Annual Reviews
Task Item
Sub Tasks
See Below $0.00
Description
Bi-Annual and Meet Binnually, every
Annual
Reviews
Contractor will schedule and meet with NMCD for BiAnnual performance briefings.
180 days from
acceptance of the
stalled s stem.
Meet Annually very November
Contractor will schedule and meet with NMCD for Annual
briefings, to include and address the needs of the NMCD,
and any technology updates and releases.
N. Deliverable Number 14. Inmate and Victim Services Toll Free Number
Deliverable Fourteen
Me Date Compensation
Inmate and Victim Services Toll Free
Number
Task Item
Inmate and
Victim
Services via a
oil Free
umber with
3 options
Sub Tasks
30 business days after $0.00
contract execution
Description
Contractor will provide and make available a functioning
toll free number for the following services:
1. Option 1: the inmate may report criminal activity
which will be connected to NMCD's Security Threat
Intelligence Unit Administrator.
2. Option 2: customer service for the inmates to
handle inmate issues and will be connected to
NMCD's Security Threat Intelligence Unit
Administrator.
3. Option 3: victim hotline for victims of crime which
will be connected to the NMCD's victim's services
coordinator.
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0. Deliverable Number 15.
Helpdesk Support for Inmates Families
Deliverable Fifteen Due Date Compensation
Helpdesk Support for Inmates Families 20 business' days after
contract execution
ask Item
elpdesk
Support
Sub Tasks
$0'00
Description
Contractor will provide helpdesk support to the inmates
families via a toll-free number, website, and email.
Contractor will provide access to the help desk issue
tickets to identified implementing agency staff. The tickets
must have at minimum, but not be limited to, the details of
the problem/resolution, current status, and the timestamp
of when the ticket was opened and closed.
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ATTACHMENT "A"
Rates Fees and Costs
Rate Structure*
Inmate Pre-paid Card
(Inmate Paid)
Call Made
To
Time of
Day
Intra-LATA Day
Evening
Weekend
Inter-LATA Day
Effective Cost Total Cost of 20
P er Minute I Mi nute Call
0.0325
$0.65
0.0325
$0.65
0.0325
$0.65
0.0325
$0.65
Evening
Inmate Collect Call
(Friends and Family Paid)
Called Party Pre-paid Call
(Friends and Family Paid)
0.0325
$0.65
Weekend
Inter-State Day
Evening
Weekend
Intra-LATA Day
Evening
Weekend
0.0325
0.0325
0.0325
0.0325
0.0325
0.0325
0.0325
$0.65
$0.65
$0.65
$0.65
$0.65
$0.65
$0.65
Inter-LATA Day
0.0325
$0.65
Evening
Weekend
Inter-State Day
Evening
Weekend
Intra-LATA Day
0.0325
0.0325
0.0325
0.0325
0.0325
0.0295
$0.65
$0.65
$0.65
$0.65
$0.65
$0.59
Evening
Weekend
Inter-LATA Day
Evening
0.0295
0.0295
0.0295
0.0295
$0.59
$0.59
$0.59
$0.59
0.0295
0.0295
0.0295
0.0295
0.25
0.25
0.25
$0.59
$0.59
$0.59
$0.59
$5.00
$5.00
$5.00
Weekend
Inter-State Day
Evening
Weekend
International Pre-Paid Card Mexico Day
(Mexico) - Inmate Paid
Evening
Weekend
Note. Same International rates apply to locations listed below.
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PROPOSED INTERNATIONAL RATES
(A call rate of $5.00 per 20 minutes will be available for the following countries:
• Afghanistan (Islamic State Of)
• Albania (Republic Of)
• Alberta
• Algeria (People's Democratic Republic Of)
• American Samoa
• Andorra (Principality Of)
• Angola (People's Republic Of)
• Anguilla
• Antigua & Barbuda
• Argentine Republic
• Armenia (Republic Of)
• Aruba
• Australia
• Austria
• Azerbaijani Republic
• Bahamas
• Bahrain (Kingdom Of)
• Bangladesh (People's Republic Of)
• Barbados
• Belarus (Republic Of)
• Belgium
• Belize
• Benin (Republic Ot)
• Bermuda
• Bhutan (Kingdom Of)
• Bolivia (Republic Of)
• Bosnia And Herzegovina
• Botswana (Republic Of)
• Brazil (Federative Republic Of)
• British Columbia
• British Virgin Island
• Brunei Darussalam
• Bulgaria (Republic Of)
• Burkina Faso
• Burundi (Republic Of)
• Cambodia (Kingdom Of)
• Cameroon (Republic Of)
• Cape Verde (Republic Of)
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• Cayman Islands
• Chad (Republic Of)
• Chile
• China (People's Republic Of)
• Colombia (Republic Of)
• Costa Rica
• Cote' D'ivoire (Republic Of)
• Croatia (Republic Of)
• Cyprus (Republic Of)
• Czech Republic
• Democratic Republic Of The Congo
• Denmark
• Dominica
• Dominican Republic
• Ecuador
• Egypt (Arab Republic Of)
• El Salvador (Republic Ot)
• Equatorial Guinea (Republic Of)
• Estonia ( Republic Of)
• Ethiopia ( Federal Democratic Republic Of)
• Faroe Islands
• Fiji (Republic Ot)
• Finland
• France
• French Guiana ( French Department Of)
• Georgia
• Germany ( Federal Republic Of)
• Ghana
• Gibraltar
• Greece
• Grenada
• Guadeloupe (French Department Of)
• Guam
• Guatemala (Republic Of)
• Guyana
• Honduras (Republic Of)
• Hong Kong, China
• Hungary (Republic Of)
• Iceland
• India (Republic Of)
• Indonesia (Republic Of)
• Iran (Islamic Republic Of)
• Iraq ( Republic Of)
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• Ireland
• Israel ( State Of)
• Italy
• Jamaica
• Japan
• Jordan (Hashemite Kingdom Of)
• Kenya (Republic 01)
• Korea ( Republic Of)
• Kuwait (State Of)
• Kyrgyz Republic
• Lao People' s Democratic Republic
• Latvia ( Republic Of)
• Lebanon
• Lesotho (Kingdom Of)
• Libya (Socialist People 's Libyan Arab Jamahiriya)
• Liechtenstein (Principality Of)
• Lithuania ( Republic Of)
• Luxembourg
• Macao, China
• Malawi
• Malaysia
• Mali (Republic Of)
• Malta
• Manitoba
• Marshall Islands (Republic Of The)
• Martinique (French Department Of)
• Mauritania (Islamic Republic Of)
• Mauritius ( Republic Of)
• Mexico
• Micronesia (Federated States Of)
• Moldova (Republic Of)
• Monaco ( Principality Of)
• Mongolia
• Montenegro ( Republic Of)
• Montserrat
• Morocco (Kingdom Of)
• Mozambique ( Republic Of)
• Namibia (Republic Of)
• Nepal
• Netherlands ( Kingdom Of The)
• Netherlands Antilles
• New Brunswick
• New Caledonia (Territorie Francais D Outre-Mer)
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• New Zealand
• Newfoundland
• Nicaragua
• Niger ( Republic Of The)
• Nigeria (Federal Republic Of)
• No Mariana Islands
• Norway
• Nova Scotia
• Oman ( Sultanate Of)
• Ontario
• Pakistan (Islamic Republic Of)
• Panama (Republic Of)
• Paraguay (Republic Of)
• Peru
• Philippines (Republic Of The)
• Poland (Republic Of)
• Portugal
• Puerto Rico
• Qatar (State Of)
• Quebec
• Romania
• Russian Federation
• Rwanda ( Republic Of)
• San Marino ( Republic Ot)
• Saskatchewan
• Saudi Arabia (Kingdom Of)
• Serbia (Republic Ot)
• Singapore (Republic Of)
• Slovak Republic
. Slovenia (Republic Of)
. South Africa (Republic Of)
• Spain
• Sri Lanka ( Democratic Socialist Republic Of)
• St Vincent Grenadine
• St. Kitts & Nevis
• St. Lucia
• Sudan
• Suriname ( Republic Of)
• Swaziland ( Kingdom Of)
• Sweden
• Switzerland ( Confederation Of)
. Syrian Arab Republic
• Taiwan, China
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• Tajikistan ( Republic Of)
• Tanzania (United Republic Of)
• Thailand
• The Former Yugoslav Republic Of Macedonia
• Trinidad & Tobago
• Tunisia
• Turkey
• Turkmenistan
• Turks Caicos Islds
• Uganda ( Republic Of)
• Ukraine
• United Arab Emirates
• United Kingdom Of Great Britain And Northern Ireland
• Uruguay ( Eastern Republic Of)
• Us Virgin Islands
• Uzbekistan (Republic Of)
• Vatican City State
• Venezuela (Bolivarian Republish Of)
• Viet Nam ( Socialist Republic Of)
• Yemen (Republic Of)
• Yukon/Nw Territories
• Zambia ( Republic Of)
• Zimbabwe Republic Of)
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