This text is machine-read, and may contain errors. Check the original document to verify accuracy.
Fully Signed
Contract Modification #79516-000
Original
MESSA:GES
• None
REVIEW PATH
DatcITIme
Delivered To (phono#)
Revlewod By
Action
Action Oato
1014/1 111 :25 AM
Marilyn Poole
Initiator (79S-6638)
Marilyn Poole
Approvo
10/4/2011 11 :25 AM
Craig Adams
Donna LaFerriere
Approve
1014/20 11 11:27 AM
MSlk Maenhout
Risk Management (79S-S281)
Pascale Young
Approve
10f412011':51 PM
Julie Smith
Julie Smith
Approve
10/512011 7:35 AM
Carron Kloe
Approve
10/5120119:22 AM
Gary Robinson
Director 01 Budget & Finance (798-7450)
Paula Manning
Approve
10/51201111 :48 AM
Pal McCarthy
Sue Rawlings
Approve
10{612011 2:00 PM
10/411111:25 AM
Prosecuting Allomcy (796-2964)
10(4/1 1 11 :27 AM
10/4/11 1:51 PM
Contract Coordinator (79S-7734)
1015111 7:35 AM
Carron KJas
Budget (79S·6374)
1015111 9:22 AM
1015/1 1 11 :48 AM
Executive (798-2668)
GENERAL INFORMA"FION
Contract ntle:
Contract Type:
De partment:
Contact:
SECURUS Inmate Phone System
Revenue Contract - Revenue Contract (Receivable)
SHERIFF (001.128)
Marilyn Poole (798·6638
VENDeR INFORMATION
Vendor Name:
Contract Compliance:
SECURUS TECHNOLOGIES INC (226273 - Other Corporation (C) - EIN - 75-2722144)
l':Ione
VENDeR INF;ORMA:nciN (Current Modification Only)
Vendor Name:
Contract Complianco;
SECURUS TECHNOLOGIES INC (226273 - Othor Corporation eC) - EIN - 75-2722144)
Nona
CON"FRACT VALUE
Contract Modification #79516.()
1 of 2
10mlt 2:37:56 PM
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Original Amount:
Total Contract Value:
PayrnentTonns:
$1,500.000.00
$1.500,000.00 (100.00% of original)
Net30
C
. '.· .·. ;QNjjfliAel£~mERift~T~I:;f~:~l{:~i£::·. i li!i;":. : '7.~;.' . · · ; };y ;~··;(i;i;l·ir[l;;!; :.~. ;'"'," >~:: ,,'. ';~~,.'::' "
",::~ ,~~, ~;~;~;: '.':-'_--:. ~::',:, ,'1 ~:-!" .·;;".:c:,~, ':~L:>;; .' :" ~':::~.,,;. '.:··?f-:"(· '::,;~: 1." <, : "
Current Period of Performanca:
Original Period of Performance:
Renewal Option:
, :, '~~~._' ,'::'~;'~: ': ~>:: . ; ,({:'L ',,'
J
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<" '
.
1011712011
to
12/3112014
10/17/2011
to
1213112014
Automatic Annual Renewal
~·~~P~~J~t:qQ:~S.~~q~$.·~,l' :~{':::',:;j!\,~;· .
Is SCope'~p.rter R;lat8d? " ., . ~ . . •.
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DYES
[l)
NO
IlJ YES D NO
DYES IlJ NO
DYES IlJ NO
In Current Budget?
Does the Contractor require the Executive's signature In lieu of any
designee?
Will Pierce County fJJ..WAYS slgn before the contractor?
Will this contract be automatically billed by the Accounls Receivable
System?
DYES
[l)
NO
CqM~~Nts.:·
• None
~Ii~~j~~~l~~~~il:~ri'·,:}! ';~: ' .
;'rr~~'r:1~l:-':' ~~~ _
Eff.
Year BARS AccountlDescription .
2011
001.121.0000.36990.00.0132
PAY PHONE· OTHER MISCELLANEOUS REVENUE
[lJRevenue
2011
001.127.0000.36990.00.0132
PAY PHONE - OTHER MISCElLANEOUS REVENUE
[lJRevenue
Mod tI Modification Type
Start Date
End Date
o
10/1712011
12131/2014
Original
Contract Modification #79516-0
2 of 2
Max Amt AdJ
$1.500.000.00
o
Ene/Alloc
Amount
Expenditure
o Expendifure
SO.OO
$0.00
Vend Dr Name
SECURUS TECHNOLOGIES INC
1017111 2:37:56 PM
AGREEMENT
CONTRACTNO.1~r-~k
;
Securus Technologies, Inc., hereinafter called Contractor, and Pierce County, hereinafter called County, agree
as set forth in this Agreement, including: (General Conditions), pp. 3 to 8; Exhibit A (Scope of Work), pp. 9 to 15; Exhibit B
(Compensation), p 15; Exhibit C (Contract Compliance for Professional, Technical, Supply, or Services - dated 03/10), pp
16 to 20; and Exhibit 0 (Kiosk Exhibit), copies of which are attached hereto and incorporated herein by this reference as
fully as if set forth herein.
The term of this Agreement shall commence on the 17th day of October, 2011, and shall, unless terminated or
renewed elsewhere in the Agreement, terminate on the 31 st day of December, 2014. This Agreement may renew for two
additional one-year terms beginning January 1, 2015, unless either party written notice to terminate at least ninety (90)
days before the end of the then current term.
The maximum consideration for the initial term of this Agreement or for any renewal term shall not exceed
$1,500,000. The County has established the following BARS expenditure code for this Agreement:
001.127.000.36990.00.0132 and 001.121.0000.36990.00.0132 which shall be included on all billings or correspondence
in connection therewith.
Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions set forth in
Paragraphs 5, 12, and 20 are totally and fully part of this contract and have been mutually negotiated by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement this
~ of September, 2011.
PIERCE COUNTY:
CONTRACTOR:
Approved as to Jegal form only:
Signature
L~"
Title of Signatory Authorized by Firm Bylaws
Address:
14651 Dallas Parkway, 6th Floor
Dallas, TX 75254
Mailing Address:
Approved:
14651 Dallas Parkway, 6th Floor
Dallas, TX 75254
Contact Name:_ _ _ _ _ _ _ _ _ _ __
7~A. ?tM:i~
Department Director
9-"Z1-ll
Date
Contact Phone: _ _ _ _ _ _ _ _ _ _ __
Contact FAX: _ _ _ _ _ _ _ _ _ _ _ __
CONTRACTOR:
Complete the tax status information for 2!l! of the following business entity types. Individual or Corporate name must
exactly match that which is registered with either Social Security Administration or Internal Revenue Service.
SOLE PROPRIETOR:
Business Owner's Name
Business Owner's Social Security
Number
DBA/Business or Trade Name (if applicable)
PARTNERSHIP:
Name of Partnership
Partnership's Employer Identification
Number
PSAMASTER.DOC rev. 12/13/10
1
CORPORATION:
Name of Corporation
Corporation's Employer Identification
Number
I?SAMASTER.DOC rev. 6/27/11
.z
Contract No.
Contractor Name: Securus Technologies, Inc.
GENERAL CONDITIONS
J ..
Scope of Contractors Services:. . _ .. . ... ... ... . . ... . ._.. . . .. ... .. .. . .. _. .. . .
.. .... . . . ..._
The Contractor agrees to provide to the County services and any materials set forth in the project narrative identified \: ':
as Exhibit "A" during the Agreement period. No material. labor, or facilities will be furnished by the County, unless
otherwise provided for in the Agreement.
2.
Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit ns." Where
Exhibit "B" requires payments by Pierce County, payment shall be based upon billings, supported unless otherwise
provided in Exhibit "S." by documentation of units of work actually performed and amounts eamed, including where
appropriate. the actual number of days worked each month, total number of hours for the month, and the total dollar
payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official
executing this Agreement for Pierce County, (hereinafter referred to as the "Contracting Officer",) the County will not
reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract.
Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more
often than monthly, through the County voucher system for the Contractors service pursuant to the fee schedule set
forth in Exhibit ItB."
3.
AsSignment and Subcontracting:
No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the
express and prior written approval of the Contracting Officer.
4.
Labor Standards and Contract Assistance:
The Contractor shall comply with the provisions of Exhibit uC attached hereto, titled "Contract Compliance For
Professional, Technical, Supply or Services",
h
•
5.
Independent Contractor:
The Contractors services shall be furnished by the Contractor as an independent Contractor and nothing herein
contained shall be construed to create a relationship of employer-employee or master-servant. but all payments
made hereunder and all services performed shall be made and performed pursuant to this Agreement by the
Contractor as an independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is speCified in Exhibit "8" and the
Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave
pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Pierce County
employees. The Contractor represents that he/shelit maintains a separate place of business, serves clients other
than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and
has a tax account with the State of Washington Department of Revenue for payment of all sales and use and
Business and Occupation taxes collected by the State of Washington.
Contractor will defend, indemnify and hold harmless the County, its officers. agents or employees from any loss or
expense, including but not limited to settlements. judgments, setoffs, attorneys' fees or costs incurred by reason of
claims or demands because of breach of the provisions of this paragraph.
6.
No Guarantee of Employment:
The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights
whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the
Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the
future.
PSAMASTER.DOC rev. 6/27/11
3
Contractor Name: Securus Technologies, Inc.
7.
Contract No.
Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes.
Where required by State or Federal law. the Contractor authorizes the County to make withholding for any taxes
other than income taxes (i.e' l Medicare). All compensation received by the Contractor will be reported to the Internal
Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the
responsibility of the Contractor to make the necessary estimated tax payments throughout the year. if any. and the
Contractor is solely liable for any tax obligation arising from the Contractor's perfonnance of this Agreement. The
Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's
failure to pay taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The
Contractor must pay all other taxes including. but not limited to: Business and Occupation Tax, taxes based on the
Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt
from Federal Excise Tax.
8.
Regulations and Requirement:
This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of
Washington, and political subdivisions of the State of Washington, and to any other provisions set forth in Exhibit "D."
9.
Right to Review:
This contract is subject to review by any Federal or State auditor. The County or Its designee shall have the right to
review and monitor the financial and service components of this program by whatever means are deemed expedient
by the Contracting Officer. Such review may occur with or without notice and may include, but is not limited to, on
site inspection by County agents or employees, inspection of all records or other materials which the County deems
pertinent to the Agreement and its performance. and any and all communications with or evaluations by service
recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records
relating to the performance of work under this Agreement for 3 years after contract termination. and shall make them
available for such review. within Pierce County, State of Washington. upon request.
10.
Modifications:
Either party may request changes in the Agreement Any and all agreed modifications shall be in writing. signed by
each of the parties.
11.
Termination for Default:
If either party defaults in the performance of any obligation under this Agreement, then the non-defaulting party shall
give the defaulting party written notice of its default setting forth with specificity the nature of the default If the
defaulting party fails to cure its default within thirty (30) days after receipt of the notice of default, then the nondefaulting party shall have the right to terminate this Agreement upon thIrty (30)-days written -notice and pursue all
other remedies available to the non-defaulting party, either at law or in eqUity. Notwithstanding the foregoing, the
thirty (30) day cure period shall be extended to ninety (90) days if the default is not reasonably susceptible to cure
within such thirty (30) day period, but only if the defaulting party has begun to cure the default during the thirty (30)
day period and diligently pursues the cure of such default
If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is
declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of
creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate
the contract. and at the County's option. obtain performance of the work elsewhere. If the contract is tenninated for
default. the Contractor shall not be entitled to receive any further payments under the contract until all work called for
has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted
from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the
County in completing the work, including all increased costs for completing the work. and all damage sustained, or
which may be sustained by the County by reason of such default.
PSAMA$TER.DOC rev. 6/27/11.
4
Contractor Name: Securus Technologies, Inc.
12.
Contract No.
Oefense ·& Indemnity Agreement:
To the fullest extent allowed by applicable law, each party by itself andlor its employees, agents, or conb1:lctors
agree$ to be responsible for any loss, cost, claim. liability, damage, and expense (including, without limitation.
reasonable attOrney's fees and expenses) (collectively "Claims") ariSing out of (i) a breach of its own representations,
warranties, andlor covenants contained herein, or (ii) gross negligence or willful miscOnduct, or (iii) actual or alleged
intellectual property infringement.
If the claim, suit. or action for injuries, death, or damages as provided for in the preceding paragraph of this contract
is caused by or results from the concurrent negligence of (a) the indemnitee or the indemnitee's agents or
.employees, and (b) the indemnitor or the indemnitor's agents or employees, the Indemnity provisions provided for in
the preceding paragraph of this contract shall be valid and enforceable only to the extenlofthe indemnitor's
negligence.
13.
Insurance Requirements
The Contractor shall, at the Contractor's own expense, maintain, with an insurance carrier licensed to do business in
the State of Washington, with minimum coverage as outlined below, commercial automobile liability insurance, and
either commercial general liability insurance, or, if any services required by the contract must be performed by
persons licensed by the State of Washington, professional liability insurance:
Commercial Automobile Liability
Bodily Injury Liability and Property Damage
Liability Insurance with a combined single limit
coverage of $1,000,000, with not greater than a
$1000.00 deductible.
Commercial General Liability
Bodily Injury Liability and Property Damage
liability Insurance with a per occurrence limit of
$1,000,000 and aggregate limit $2,000,000,
with not greater than a $10,000.00 deductible.
Umbrella
Limit of no less than $1,000,000 excess over
the Commercial Automobile Liability and
General Liability Coverages.
Professional Liability Insurance
Shall include errors and omissions insurance
providing $1,000,000.00 coverage with not
greater than a $100,000.00 deductible for all
liability which may be incurred during the life of
this contract.
Pierce County shall be named as an additional insured on all required policies except professional liability insurance,
and such insurance as is carried by the Contractor shall be primary over any insurance carried by Pierce County.
The Contractor shall provide a certificate of insurance to be approved by the County Risk Manager prior to contract
execution, which shall be attached to the contract.
Pierce County shall have no obligation to report occurrences unless a claim is filed with the Pierce County Auditor;
nor shall Pierce County have an obligation to pay premiums.
15.
Industrial Insurance Waiver
With respect·to the performance of this Agreement and as to claims against the County. its offICers. agents and
employees. the Contractor expressly waives its Immunity under Title 51 ·of the Revised Code of Washington, the
Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify. defend and hold
harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor.
This waiver is mutually negotiated by the parties to this Agreement.
16.
Venue and Choice of Law:
In the event that any litigation should. arise concerning the construction or interpretation of any of the terms of this
Agreement the venue of such action of litigation shall be in the courts of the State of Washington in and for the
County of Pierce. This Agreement shall be governed by the law of the State of Washington.
PSAMASTER.DOC rev. 6/27/11
5
Contractor Name: Securus Technologies. Inc.
Contract No.
17.
Withholding Payment:
In the event the Contracting Officer determines that the Contractor has failed to perform any obligation under this
Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due
and payable to Contractor the amount determined by the County as necessary to cure the default, until the
Contracting Officer determines that such failure to perform has been cured. Withholding under this clause shall not
be deemed a breach entitling Contractor to termination or damages. provided that the County promptly gives notice
in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it
determines to withhold amounts otherwise due. A determination of the Contracting Officer set forth in a notice to the
Contractor of the action required and lor the amount required to cure any alleged failure to perform shall be deemed
conclusive, except to the extent that the Contractor acts within the times and in strict accord with the proVisions of the
Disputes clause of this Agreement. The County may act in accordance with any determination of the Contracting
Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement,
to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid
and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts
due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes
clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under
this clause.
18.
Future Non-Allocation of Funds:
.
Notwithstanding any other terms of this Agreement, if sufficient funds are not appropriated or allocated for payment
under this contract for any future fiscal period, the County will not be obligated to make payment for services or
amounts after the end of the fiscal period through which funds have been appropriated and allocated, unless
authorized by county ordinance. No penalty or expense shall accrue to the County in the event this provision
applies.
19.
Contractor Commitments. Warranties and Representations:
Any written commitment received from the Contractor concerning this Agreement shall be binding upon the
Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor
to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes,
but is not limited to any representation made prior to execution of this Agreement. whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment. prices or options for future acquisition to
remain in effect for a fixed period, or warranties.
20.
PatentJCopvright Infringement
Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the
County, to the extent such action is based on the claim that information supplied by the Contractor infringes any
patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally
awarded against the County in any action. Such defense and payments are conditioned upon the following:
a.
b.
21.
That Contractor shall be notified promptly in writing by County of any notice of such claim.
Contractor shall have the right. hereunder. at its option and expense, to obtain for the County the right to
continue using the information, in the event such claim of infringement, is made, provided no reduction in
performance or loss results to the County.
Disputes
c.
General
Differences between the Contractor and the County, arising under and by virtue of the Contract Documents
shall be brought to the attention of the County at the earliest possible time in order that such matters may be
settled or other appropriate action promptly taken. Except for such objections as are made of record in the
manner hereinafter specified and within the time limits stated, the records. orders, rulings, instructions, and
decisions of the Contracting Officer, shall be final and conclusive.
PSAMASl'ER.DOC rev. 6/27/11
6
Contractor Name: Securus Technologies, loc.
Contract No.
d.
Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to
extension of time for (1) any act or failure to act by the Contracting Officer or the County. or (2) the
happening of any event or occurrence. unless the Contractor has given the County a written Notice of
Potential Claim within 10 days of the commencement of the act, failure, or event giving rise to the claim, and
before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for
which the Contractor believes additional compensation or extension of time is due. the nature of the cost
involved. and insofar as pOSSible, the amount of the potential claim. Contractor shall keep full and complete
daily records of the Work performed. labor and material used, and all costs and additional time claimed to be
additional.
e.
Detailed Claim
The Contractor shall not be entitled to claim any such additional compensation, or extension of time.
unless within 30 days of the accomplishment of the portion of the work from which the claim arose, and
before final payment by the County, the Contractor has given the County a detailed written statement of each
element of cost or other compensation requested and of all elements of additional time required, and copies
of any supporting documents evidencing the amount or the extension of time claimed to be due.
22.
Ownership and Use:
County shall retain custody and ownership of all recordings, and inmate e-mail messages but will grant Contractor a
perpetual limited license to compile, store, and access recordings or inmate calls and access inmate e-mail
messages for purposes of (i) complying with the requests of officials at the Facility, (ii) disdosing infonnation to
requesting law enforcement and correctional officials as they may require for investigative, penological, or public
safety purposes, (iii) performing billing and collection functions, or (iv) maintaining equipment and quality control
purposes. This license does not apply to recordings of inmate calls or e-mail messages with their attorneys or to
recordings or e-mail messages protected from disclosure by other applicable privileges. The system, applications,
related records, data, and information (other than the call recordings and e-mail messages) shall at all times remain
Contractor's sole and exclusive property unless prohibited by law, in which event, Contractor shall have the unlimited
right to use such records. data, and information for investigative and law enforcement purposes. However, during
the term of this Agreement and for a reasonable period of time thereafter, Contractor will provide the County with
reasonable access to the records. Contractor (or its licensors, if any) have and will retain all right, title, interest, and
ownership in and to (i) the Software and any copies, custom versions, modifications, or updates of the Software, (ii)
all related documentation, and (iii) any trade secrets, know-how, methodologies, and processes related to
Contractor's applications. the system, and its other products and services (the "Materials"). The Materials constitute
proprietary information and trade secrets of Contractor and its licensors, whether or not any portion thereof is or may
be the subject of a valid copyright or patent
23.
Confidentiality:
The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all
information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the
prior written consent of the Pierce County Prosecuting Attorney or an order entered by a court after having acquired
jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding
seeking disclosure of such information. Contractor shall indemnify and hold harmless the County. its Officials, agents
or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees
and costs resulting from Contractor's breach of this provision.
24.
Notice:
Except as set forth elsewhere in the Agreement. for all purposes under this Agreement. except service of process,
notice shall be given by the Contractor to the department head of the department for whom services are rendered,
and to the County Purchasing Agent. 615 S. 9th, Tacoma, WA 98405-4673. Notice to the Contractor for all purposes
under this Agreement shall be given to the address reflected below. Notice may be given by delivery or by depositing
in the US Mail, first class, postage prepaid.
25.
Severabilitv:
If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid
term, condition or application. To this end. the terms and conditions of this contract are declared severable.
PSAMASTER.DOC rev. 6/27/11
7
Contractor Name: Securus TechnologIes. Inc.
Contract No.
26.
Waiver:
Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach.
No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in
writing, signed by the parties hereto.
27.
Waiver of Non Competition:
Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another
person or corporation to refrain from submitting a proposal to or performing work or providing supplies to Pierce
County, and Contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person
or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to Pierce
County.
28.
Survival:
The proviSions of paragraphs 5,7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,26, and 27, and the provisions
of any non-collusion affidavit required by paragraph 4, shall survive, notwithstanding the termination or invalidity of
this Agreement for any reason.
29.
Entire Agreement This written contract represents the entire Agreement between the parties and supersedes any
prior oral statements, discussions or understandings between the parties.
PSAMASTER.DOC rev. 6/27/11
8
Contractor Name: Securus Technologies, Inc.
Contract No.
EXHIBIT ·'A"
(SCOPE OF WORK)
The contract documents shall consist of this contract, the request for proposal, the contractor's response dated July 13, 2011,
and all documents referenced or incorporated therein, all of which are incorporated by reference as though set forth in full
herein whether or not attached hereto and shall form an integral part of this contract. If there is any conflict between the
provisions of this contract and the other contract documents, this contract shall control.
COUNTY RESPONSIBILITY
A.
Provide adequate space for Telephones and easy accessibility for use during the normal operating hours of County.
County shall be responsible for any fees for use of required riser cable and electric power.
B.
Provide space for the system hardware and on-site technician.
C.
Maintain the area around the Telephones and ensure safe and ready access to the users of the Telephones and to
Contractor.
D.
Allow Contractor access to perform maintenance during the established hours of accessibility jointly agreed to by
County and Contractor, except when access must be denied to ensure the safety of Contractor's service personnel
and/or to maintain institutional control.
E.
County agrees to allow Contractor access to and use of house cable and inside wire at no cost to install and provide
telephone service. Any new house cable or inside wire required during the contract term will be at the sole expense
of the County, unless otherwise negotiated with Contractor. Light fiber is not defined as house cable or inside wire.
Any expense incurred as a result of the expected use of light fiber will be at the sole expense of the County unless
otherwise negotiated with County.
F.
Any relocation, expansion, addition, or deletion of Telephones and equipment (excluding the initial installation), for
reasons other than safety, resulting in extraordinary expense and expected to be paid for by Contractor, must be
agreed to by Contractor in advance of the cost being incurred or alternatively, the cost be paid by the County.
G.
Exercise reasonable care to prevent the loss through theft and any damage to the Telephones from any source.
H.
County may, at its option, purchase and provide enclosures at its own expense for Telephones. In the event the
County elects to provide enclosures, County shall be responsible for installation and maintenance of said
enclosures.
CONTRACTOR RESPONSIBILITY
A.
Provide a full-time onsite technician forty (40) hours per week, 52 weeks per year as designated by Pierce County.
B.
Install, service and repair Inmate Telephones provided by Contractor, at Contractor's expense, except as otherwise
agreed upon herein.
C.
Comply with the Americans with Disabilities Act (ADA) as it relates to the Contractor -provided equipment.
D.
Work with APPRISS (VINE Company) system to provide the same level of current services, and will manage the
Appriss contract
E.
Provide three (3) licenses for "DocsoftAV," an automated transcription solution that creates transcripts from stored
digital audio and video files.
F.
Contractor will pay fees defined within the RFP Performance Specifications; however, the maximum penalty for any
single incident shall not exceed $2000 and total payout for all incidents shall not exceed $20,000 for the duration of
the term.
G.
Contractor will provide programming and communication resources to receive and process data feeds from the
Pierce County Legal Information Network Exchange (LlNX) in the current file format both for initial setup and for
ongoing updates. Data updates will be uploaded to the system in a timely manner and the frequency will be
PSAMASTER.DOC rev. 6/27/11
9
Contractor Name: Securus Technologies, Inc.
Contract No.
established by the County (the frequency could be every hour). Future modifications that expand the functionality of
the data feed or improve processing will be made at no cost to the County.
H.
Provide the following Applications:
CALL MANAGEMENT SYSTEM
DESCRIPTION:
Secure Call Platform: Secure Call Platform ("SCP") provides through its centralized system automatic placement of calls by
inmates without the need for conventional live operator services. In addition, SCP has the ability to (a) monitor and record
inmate calls, (b) automatically limit the duration of each call to a certain period deSignated by us, (c) maintain call detail
records in accordance with our standard practices, (d) automatically shut the System on or off, and (e) allow free calls to the
extent required by applicable law. The Contractor will be responsible for all billing and collections of inmate calling charges
but may contract with third parties to perform such functions. SCP will be provided at the Pierce County Sheriffs
Department
CENTRALIZED NET CENTRIC. VOIP. DIGITAL TRANSMITTED CALL MANAGEMENT SYSTEM
DESCRIPTION:
Secure Calling Platform User Interface. The Contractor will provide. the County with the Software regarding the Secure
Calling Platform Interface (·S-Gate User Interface") which may be used only on computers and other equipment that meets or
ex~s the specifications in the chart below. which the Contractor may amend from time to time ("Compatible Equipmenr),
for a total of licensed users as specified in the attached Customer Statement of Work. Customer represents that (i) it will be
responsible for distributing and assigning licenses to its end users; (ii) it will use the SCP User Interface for lawful purposes
and shall not transmit, retransmit or store material in violation of any federal or state laws or regulation; and (iii) it will monitor
and ensure that its licensed end users comply as directed herein.
WORKSTATION REQUIREMENTS
Processor
Personal computer (PC) with a minimum 1 gigahertz (GHz) or processor clock
speed recommended; Intel Pentium/Celeron family. or AMD K6/AthlonlDuron
family, or compatible processor recommended higher
Operating System
WindowsXP
Browser
Microsoft Internet Explorer 6.0 or better
Memory
At least 128 megabytes (MS) of RAM; 256 MB for optimum speed
Drive
CD-ROM or DVD drive
Display
Super VGA (1,024 x 76B) or higher-resolution video adapter and monitor
Peripherals
Keyboard and Microsoft Mouse or compatible pointing device
Internet
Internet access
SERVICE LEVEL AGREEMENT
The Contractor agrees to repair and maintain the System in good operating condition (ordinary wear and tear excepted),
including, without limitation, furnishing a/l parts and labor. All such maintenance shall be conducted in accordance with the
service levels in Items 1 through 10 below. All such maintenance shall be provided at our sole cost and expense unless
necessitated by any misuse of, or destruction, damage, or vandalism to any premises equipment by the County (not inmates
at the Facilities), in which case, the Contractor may recoup the cost of such repair and maintenance through either a
Commission deduction or direct invoicing, at our option. The County agrees to prompUy notify us in writing after discovering
any misuse of, or destruction, damage, or vandalism to, the said equipment If any portion of the System is interfaced with
other devices or software owned or used by the County or a third pearty. then the Contractor shall have no obligation to repair
or maintain such other devices or software. This SERVICE LEVEL AGREEMENT does not apply to any provided
Openworkstation(s) (see below). For the services cont~mplated hereunder, the Contractor may provide, based upon the
facilities requitements,twotypes of workstations (personal computer/desktop/laptoplterminal):
The "Openworkstation- is
an open non-secured workstation which permits administrative user rights for facility personnel and allows the facilities an
ability to add additional third-party software. Ownership of the Openworkstation is transferred to the facUity along with a
three.year product support plan with the hardware provider. The Contractor has no obligation to provide any technical and
field support services for an Openworkstation. COUNTY IS SOLELY RESPONSIBLE FOR THE MAINTENANCE OF ANY
OPEfWVORKSTATION(S)."
PSAMASTER.DOC rev. 6/27/11
10
Contractor Name: Securus Technologies, rnc.
Contract No.
1. Outage Report; Technical Support. If either of the following occurs: (a) the County experiences a System outage or
malfunction or (b) the System requires maintenance (each a "System Evenr) , then the County will promptly report the
System Event to our Technical Support Department ("Technical Support"). You may contact Technical Support 24 hours a
day, seven days a week (except in the event of planned or emergency outages) by telephone at 866-558-2323, by email at
TechnicaISupport@securustech.net, or by facsimile at 800·368-3168. The Contractor will provide the County commercially
reasonable notice, when practical, before any Technical Support outage.
2. Priority Classifications. Upon receipt of the report of a System Event, Technical Support will classify the System Event as
one of the following three priority levels:
"Priority 1cr
"Priority 2D
30% or more of the functionality of the System is adversely affected by the
System Event
5% - 29% of the functionality of the System is adversely affected by the System
Event.
"Priority 3
D
5% or less of the functionality of the System is adversely affected by the System
Event. Single and multiple phones related issues.
3. Response Times. After receipt notice of the 'System Event, the Contractor will respond to the System Event within the
following time periods:
Priority 1
2 hours
Priority 2
Priority 3
24 hours
72 hours
4. Response Process. In the event of a System Event, where the equipment is located on the County's premises, Technical
Support will either initiate remote diagnosis and correction of the System Event or dispatch a field technician to the Facility (in
which case the applicable regional dispatcher will contact the County with the technician's estimated time of arrival), as
necessary. In the event of a System Event occurs in the centralized SCP system, technical support will initiate remote
diagnosis and correction of the System Event.
5. Performance of Service. All of Contractor's repair and maintenance of the System will be done in a good and
workmanlike manner at no cost to the County except as may be otherwise set forth in the Agreement. Any requested
modification or upgrade to the System that is agreed upon by the County and Contractor may be subject to a charge as set
forth in the Agreement and will be implemented within the time period agreed by the parties.
6. Escalation Contacts. County's account will be monitored by the applicable Territory Manager and Regional Service
Manager. In addition, the County may use the following escalation list if our response time exceeds 36 hours: first to the
Technical Support Manager or Regional Service Manager, as applicable, then to the Director of Field Services, then to the
Executive Director, Service.
7. Notice of Resolution. After receiving internal notification that a Priority 1 System Event has been resolved, a member of
our management team will contact the County to confirm resolution. For a Priority 2 or 3 System Event, a member of our
customer satisfaction team will confirm resolution.
8.
Monitoring. The Contractor will monitor our back offICe and validation systems 24 hours a day, seven days a week.
9. Required IGR. County is responsible for providing a dedicated isolated grounded receptacle rIGR") for use in
connection with the primary System. Upon request the Contractor will provide the County with the specifications for the IGR.
If the County are unable to or do not provide the IGR, then the Contractor will provide the IGR on a time and materials basis
at the installer's then-current billing rates, provided that the Contractor are not responsible for any delay caused by the
Countyr failure to provide the IGR.
10. End-User Billing Services and County Care. Our Correctional Billing Services department will maintain dedicated
customer service representatives to handle end·user issues such as call blocking or unblocking and setting up end-user
payment accounts. The customer service representatives will be available during reasonable business hours Monday
through Saturday by telephone at 800-844-6591, by email at Support@CorrectionaIBillingServices.com, and by facsimile at
800-578-2627. In addition, the Contractor will maintain an automated inquiry system on a toll-free customer service phone
line that will be available to end-users 24 hours a day, 7 days a week to provide basic information and handle most routine
activities. The Contractor will also accept payments from end-users by credit card, check, and cash deposit (such as by
money order or Western Union transfer).
PSAMASTER.DOC rev. 6/27/11
11
Contractor Name: Securus Technologies, Inc.
Contract No.
CONTINUOUS VOICE VERIFICATION
Continuous Voice Verification (CW) provides validation of inmate personal identification numbers (PINs) through voice
verification technology for purposes of improved security and reduced potential of fraud and consumer harassment by
inmates. Where installation of CW is requested by the County, a non-commissionable, per--call service charge of $0.25
applies to all call types. This charge is included in the "per calVsurcharge" calling rates and will not be billed separately.
INSTANT PAYTM PROGRAM
DESCRIPTION
The Instant PayTM Program optimizes the call routing at Facilities by connecting as many calls as possible. If a call is
attempted but there is no account or calling card open and in use to pay for the call, the call can be routed to the Instant
Pay Program. The Instant Pay Program will offer the called party additional options to connect the call as well as provide
information and promotional messaging on how to create a prepaid AdvanceConnect™ Account.
COMPENSATION
Pay Now™ Pay Now™ is an instant paid payment product available to facilities that have the Instant Pay Program installed
that allows the called party to instantly pay for a single call using a debit or credit card in real-time as the call is being
initiated. With Pay Now™, the called party may immediately pay \Jsing a credit or debit card for one single call or may elect
to setup and I or fund a prepaid AdvanceConnect account. Contractor will compensate the County at a rate of one and
60/100 dollars ($1.60) for each call accepted and paid for using Pay Now™. Pay Now™ is not subject to any other
compensation.
Text2Connect lM Text2Connect™, previously known as First Call Connect 2 (UFCC2"), is a program designed to get
inmates in touch with Friends and Family members quickly and to encourage them to set up a prepaid AdvanceConnect™
account. If (a) an inmate attempts a call to a mobile phone, (b) the facility allows calls to mobile phones, and (c) the call
cannot be billed by Contractor, then call control will be assumed by our third-party provider. Our third-party provider will
prompt the called party to double opt-in to accept and confirm the charges for a premium SMS text message and continue
the call. Charges for the message are billed by the called party's mobile provider on their mobile phone bill. The called party
receives a text message receipt for the call charges and is given instructions on how to open a prepaid AdvanceConnect™
account. Text2Connect™ is available through our third-party processor who maintains relationships with select mobile phone
companies around the country and manages the connection.
Text2Connect™ promotional calls are not commissionable, and Contractor will pay the County a bonus payment of thirty
cents ($0.30) for each transaction fee billed and collected by the wireless carrier completed through the Text2Connect™
platform. Bonus payments for each applicable connection will be added to the County's existing monthly commission
statement. Text2Connect™ is not subject to any other compensation.
AUTOMATED INFORMATION SERVICES
At a mutually agreed upon date for the future, the Contractor will provide the Automated Information Services (AISTM) through
our third party vendor, Telerus as described herein. The AISTM application is designed to automate internal inquiries from
detainees and outside calls from friends and family members on one single platform. In addition, the application is designed
to allow inmates' friends and families the ability to open or fund a pre-paid telephone account as well as fund an inmate's
trust account. The application is accessed through a telephone IVR system that is available to all callers. Once facility staff
has uploaded aI/ required information, the system is able to automate information such as:
•
Commissary balances (pending MIS system data flow)
•
Charge information
•
Court Appearance Dates, Times, locations
•
Bond Amounts, Types
•
Projected Release Dates
•
Visitation Eligibility Times
Automated Information Services 2.0 is configurable to meet the specific needs of the facility. The standard option includes
automation of inmate and facility information to constituents who call the existing main telephone number and to inmates at
the County's facility. The County may also choose to add any of the following additional options:
PSAMASTER.DOC rev. 6/27/11
12
Contractor Name: Securus Technologies, Inc.
•
Contract No.
Automation of inmate and facility information to constituents (standard)
•
Automation of inmate and facility information to inmates (standard)
•
Ability to open or fund a Securus pre-paid telephone account
•
Ability
to fund an inmate trust account
The application provides all information automatically without staff intervention 24f7 from any standard day room or outside
telephone with no new wiring required. Facility staff personnel must maintain information on the system. The County shall
be responsible for any/all integration fees incurred by its JMS/MIS system provider in order for AIS to receive inmate data.
The impact on the commission percentage will be negotiated before implementation of the AIS system via a separate written
amendment signed by the parties.
THREADS
At a mutually agreed-upon date in the future, the Contractor will provide THREADS through a third party vendor. The impact
on commission payments will be negotiated before implementation of THREADS via a separate written amendment signed
by both parties.
VOICE MESSAGING
DESCRIPTION:
The Voice Messaging application provides a secure, password protected, 2-way communication vehicle for inmates and
Friends and Family members with which they can leave voice messages. The messaging service can be terminated at will for
particular inmates. No additional equipment is provided with this application.
COMPENSATION:
When the Contractor begins charging for this application, a $0.50 transaction fee plus applicable taxes will be charged to the
end-user for each message delivered. The County will receive $0.25 for each transaction fee collected by the Contractor. All
Messaging payments shall be final and binding upon the County unless the Contractor receives written objection within sixty
(60) days.
INMATE DEBIT ACCOUNTS
DESCRIPTION:
An Inmate Debit Account is an inmate-owned phone account that allows inmates to use funds from their commissaryltrust
accounts to make phone calls. At the beginning of every call each inmate is asked to key in hislher Personal Identification
Number rPIN-) to complete a call and pay for it using their Inmate Debit Account. County agrees to have the debit module of
the SCP Call Management System enabled for the facility(ies) to offer Inmate Debit Accounts to inmates. Inmates may
request to transfer funds from their trust accounts to their Inmate Debit Account to use to pay for calls and/or allow Friends
and Family to fund these accounts directly. County agrees to use S~Gate to process inmate's funds transfer requests or
utilize integration with the trust account system to process inmate's funds transfer requests.
County understands and agrees to allow Friends and Family members to fund these accounts through multiple points-of-sale,
the inmate's account number will be available for Friends and Family on Contractor's-tAe website.
INVOICING:
Contractor will provide an electronic invoice to County on a weekly basis for debit account funding amounts collected by
County. County agrees to pay the invoice on a due-upon-receipt basis.
COMPENSATION:
The Contractor will pay the County the Commission percentage specified in the chart below that the Contractor earns through
the completion of debit calls placed from the Facilities. We shall remit the Commission for a calendar month to you on or
before the 30th day after the end of the calendar month in which the calls were made (the apayment Date"). All Commission
payments shall be final and binding upon you unless we receive written objection within sixty (60) days after the Payment
Date.
PSAMASTER.DOC rev. 6/27/11
13
Contractor Name: Securus Technologies, Inc.
Contract No.
FACILITIES AND RELATED SPECIFICATIONS'
Facility Name and Address
Percentage
Revenue Base
for Calculation
of Commisslon
68%
Gross
Revenues
Pierce County Sheriffs Department
Business Unit
930 Tacoma Ave. S.
Tacoma, WA 98402
COMMISSARY ORDER BY PHONE
DESCRIPTION:
Commissary Order by Phone allows an in mate to order and purchase commissary items using the inmate phone system by
selecting an additional menu option on the phone system . The County's commissary operator provides an interactive voice
response system ("IVR") and a speed-dial number (800#) into the commissary's IVR. The County hereby requests that the
Contractor work with its commissary operator identified below to set up and activate Commissary Order by Phone at the
Facility named in the chart below:
FACILITIES AND RELATED SPECIFICATIONS '
Facility Name and Address
Commissary Opera tor
Pierce County Sheriffs
Department
Business Unit
Keefe Commissary
930 Tacoma Ave . S.
Tacoma, WA 98402
TOUCHPAY KIOSKS
The Contractor will install two (2) lobby Kiosks and one (1) booking Kiosks on the County's premises at locations mutually
agreed to by the County and Contractor. Please see Exhibit D for details.
CALLING RATES
Contractor will cha rge the calling rates set forth in the chart below. In ternationa l rates , jf applicable, will vary
CALL TYPE
COLLECT
I
I
Connection
I
!----------;----'
, Local
52 .49
Intralata/l ntrastate
, _________
._
I
, Interlata/ln trastate
,...-.--..-_. - . - - - . - - . InteMata/lnterstate
,
.1
PREPAID COLLECT
Pe r
Minute
t
SO.OO - ' -$249
$0.10
52.49
$2.49
$0.10
- - - - I - - ... -52.49
50.10
N/A
C
f
""'0!L
n ",
ne",c=,o",
"
N/A
-
L
'-'T'
Minute
Connection .
!
50.00 '-r
$2.49
50.10
$2.49
$2.49
50.10
. -50.10
N/A
DEBIT/CARDS
Per
I
N/A
by cou ntry.
52.49
$2.49
$2.49
$2.49
$4.20
Pe r
Minute
50.00
';
I
$0. 10
$0.10
---'--$0.10
51 .00
-'---
j
14
Contractor Name: Securus Technologies, Inc.
Contract No.
EXHIBIT "8"
(COMPENSATION)
Collect Calls. We will pay you commission (the "Commission") based on Gross Revenues we earn through the completion of
collect calls placed from the Facility as specified in the chart below. Gross Revenues shall mean all gross billed revenues
relating to completed collect calls generated by and through the Inmate Telecommunications System. Regulatory required
and other items such as federal, state and local charges, taxes and fees, including transaction funding fees, transaction fees,
credits, billing recovery fees, charges billed by non-LEC third parties, and promotional programs are excluded fiom revenue
to the Provider. We shall remit the Commission for a calendar month to you on or before the 30th day after the end of the
calendar month in which the calls were made (the "Payment Date"). All Commission payments shall be final and binding
upon you unless we receive written objection within sixty (60) days after the Payment Date. Your payment address is as set
forth in the signature block below. You shall notify us in writing at least sixty (60) days before a Payment Date of any change
in your payment address.
Facility Name and
Address
Type of can
Management
Service
Pierce County
Sheriffs Department
Business Unit
930 Tacoma Ave. S.
Tacoma, WA 98402
SCP
Commission
Percentage
68%
Revenue
Base for
Calculation
of
Commission
Gross
Revenues
Commission
Payment Address
Same
Contractor and County will meet for a formal review each year during the term before July 1st to review commission rates,
call rates, revenue generated, service levels, new products and services, and other topics related to the inmate phone
system to ensure that both parties are doing their part to maximize the mutual benefits of the business partnership.
Aopriss Vine Commission. On the first day of the month following this Schedule Effective Date, Contractor will provide the
Appriss (VINE) System to the County at no cost to the County. The cost of maintaining the VINE system is $36,000 per year.
The yearly cost of this system will be reviewed at the same time vendor commission is reviewed. Appriss' payment address
is as follows:
Appriss (VINE) system (Software and Services)
10401 Linn Station Rd., Suite 200
louisville, KY 40223-3842
1-866-277-7477
Pierce County Acct. 971004015
If the County wishes to discontinue or disconnect the Appriss (VINE) System after the end of a contract year, Contractor will
change the County's commission to reflect the decrease in expense to Vendor. If, during the Initial Term or Renewal Period
of this Contract the County's requirements change and/or the service is no longer required for The Vine Company System,
the County shall provide Contractor with thirty (30) days advance written notification of said change.
Upon the removal of
The Appriss (VINE) System, the County shall reimburse the Contractor for any monies the Contractor has paid for the
Appriss (VINE) System during that contract year.
PSAMAS'l'ER. DOC rev.
6/27/1)
15
Contractor Name: Securus Technologies, Inc.
Contract No.
EXHIBIT"C"
CONTRACT COMPLIANCE for
PROFESSIONAL, TECHNICAL, SUPPLY OR SERVICES
Revised 3/10
It is the policy of Pierce County to foster an environment that encourages economic growth and diversification,
business development and retention, increases competition and reduces unemployment In support of that policy,
Pierce County reaffirms its commitment to maximize opportunities in public contracting for all contractors including
minority and women owned business enterprises.
Bidders are encouraged to utilize qualified, local businesses in Pierce County and Washington State where cost
effectiveness is deemed competitive. In addition, Bidders are encouraged to subcontract with firms certified by the
Washington State Office of Minority and Women's Business Enterprises (MWBE).
A. MWBE DIRECTORY ASSISTANCE
A directory of MWBE firms is published quarterly by the Washington State Office of Minority and Women's Business
Enterprises (OMWBE). Copies of the directory are available from the State OMWBE (360-753-9693) or may be
viewed at the Public Works Department, 2702 S 42nd St Suite 201, Tacoma 98409, and the Tacoma Public Library,
1102 Tacoma Avenue South, Tacoma, 98402. Contact the Contract Compliance Office for additional information at
(253) 798-7250.
B. EqUAL EMPLOYMENT OPPORTUNITY:
1. Upon execution of this contract, the Contractor shall comply with the Equal Employment Opportunity
requirements set forth below. The Contractor shall not violate any of the terms of Chapter 49.60 of the Revised
Code of Washington, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state. or local law
or regulation regarding nondiscrimination.
2. No person or firm employed by the Contractor shall be subject to retaliation for opposing any practice made
unlawful by Title VII of the Civil Rights Act, the Age Discrimination In Employment Act (29 U.S.C. 621 et seq.),
the Equal Pay Act (29 U.S.C. 206(d). the Rehabilitation Act (29 U.S.C. 791 et seq.), the Americans with
Disabilities Act of 1990, or for participating in any stage of administrative or judicial proceedings under those
statutes.
3. The Contractor shall take all reasonable steps to ensure that qualified applicants and employees shall have an
equal opportunity to compete for advertised or in-house positions for employment Applicants and employees
shall be treated fairly without regard to race, color. religion, sex, age, disability, or national origin. Equitable
treatment shall include, but not be limited to employment, upgrading or promotion, rates of pay increases or
other forms of compensation, and selection for training or enrollment in apprenticeship programs.
C. CERTIFICATION OF NONSEGREGATED FACILITIES
The Contractor shall submit with its proposal a Certification of Nonsegregated Facilities. All requests to sublet or
assign any portion of this contract, at any level, shall be accompanied by evidence of this certification in all
subcontract agreements.
D. E-VERIFY DECLARATION
Pierce County requires that all businesses which contract with the County for contracts in excess of $25,000 and of
duration longer than 120 days, and are not specifically exempted by PCC 2.106.022, be enrolled in the Federal E·
verify Program. The requirement extends to every subcontractor meeting the same criteria. The Prime Contractor
must provide certification of enrollment in the Federal E-verify program to the County. The Prime Contractor will
remain enrolled in the program for the duration of the contract. The Prime Contractor is responsible for verification
of every applicable subcontractor. The County reserves the right to require a copy of the Memorandum of
Understanding between the Prime or any Subcontractor and the Department of Homeland Security upon request at
any time during the term of the contract. Failure to provide this document could result in suspension of the project.
A copy of Ordinance 2009-74 is on the Purchasing Department's website located at
.
WWN.CO. pierce. wa.uslcfappsledocs!viewdocuments.cfm?did=95668&dnum
The Federal E-Verify Program is a web based application and can be accessed at W'WW.dhs.gov/everify .
E. SUBMITTAL REQUIREMENTS
1. Certificate of non-segregated facilities: Contractor shall submit with proposal, each subcontractor shall submit
when work is sublet.
2. Professional and Technical Workforce Data Form: Contractor is encouraged to submit with proposal, each
Subcontractor is encouraged to submit the form when work is sublet
3. Subcontractors Participation Form: Check the appropriate box indicating the firm who will perform the work of
PSAMASTER.DOC rev. 6/27/11
16
Contractor Name: Securus Technologies, Inc.
4.
Contract No.
the contract. Submit the completed form with the proposal documents.
E-Verify Declaration: Contractor shall submit with proposal.
PSAMASTER.DOC rev. 6/27/11
17
Contractor Name: Securus Technologies, Inc.
Contract No.
CERTIFICATION OF NONSEGREGATED FACILITIES
The contractor certifies that no segregated facilities are maintained and will not be maintained during the
execution of this contract at any of contractor's establishments.
The contractor further certifies that none of the contractor's employees are permitted to perform their services at
any location under the contractor's control during the life of this contract where segregated facilities are maintained. The
contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his
establishments, and that he will not permit his employees to perform their services at any location, under his control,
where segregated facilities are maintained.
The contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this
contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas,
parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for
employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or
national origin, because of habit, local custom, or othelWise.
The contractor agrees that identical certifications from proposed contractors will be obtained prior to the award of
any subcontracts. Contractor will retain a copy of any subcontractor's certification and will send original to Contract
Compliance Division.
NON-COLLUSION & DEBARMENT AFFIDAVIT
State of Washington, County of _ _ _ _ _ _ _ _ _ _ _ _ __
As an authorized representative of the firm of Securus Technologies, Inc., I do hereby certify that said person(s),
firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, partiCipated in any
collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this
proposal is submitted.
I further certify that, except as noted below. the firm, association or corporation or any person in a controlling
capacity associated therewith or any position involving the administration of federal funds; is not currently under
suspension. debarment. voluntary exclusion, or determination of eligibility by any federal agency; has not been
suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does
not have a "proposed debarment pending; and has not been indicted, convicted or had a civil judgment rendered against
said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official
misconduct within the past 3 years.
I further acknowledge that by signing the signature page of the proposal, I am deemed to have signed and have
agreed to the provisions of this affidavit.
Note:
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted, indicate above to whom it applies, initiating agency, and dates of action.
Providing false information may result in criminal prosecution or administrative sanctions.
"A suspending or debarring official may grant an exception permitting a debarred, suspended, or
excluded person to participate in a particular transaction upon a written determination by such official
stating the reason(s) for deviating from the Presidential policy established by Executive Order 12549... "
(49CFR Part 29 Section 29.215)
The undersigned hereby agrees to pay labor not less than the prevailing rates of wages in accordance with the
requirements of the special provisions for this project.
PSru-tASTER.OOC rev.
6/27/1)
18
Contractor Name: Securus Technologies, Inc.
Contract No.
SUBCONTRACTORS PARTICIPATION FORM
for
PROFESSIONAL, TECHNICAL, SUPPLY OR SERVICE PSAs
Revised (6/99)
Check appropriate statement below:
[ ]
[ ]
Our finn will perfonn all contracted scope of work tasks.
Our firm will subcontract a portion of the work tasks. The following firms were contacted and will be utilized
in the performance of the work as indicated below.
List all potential subcontracting firms. Do not mark KN/AD unless the Bidder will perform all work or provide all supplies or
services for this contract.
Firm Name/Address/Phone
Work Item(s) Solicited
Proposal
Amount
Awarded?
(yes/no)
1. List full name, address, and phone number of each firm listed to be utilized.
2. List specific work to be accomplished, supplies to be furnished and the amount proposed for each subcontract.
3. Contact the Pierce County Contract Compliance Officer at {253} 798-7250 if you have questions.
/,JJ_'_~_'
_____________________ DATE: '1/""jl}
BY: _ _
TITL~_~{_:~~~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~PHON~9~~n~'~
PSAMASTER.DOC rev. 6/27/11
19
Contractor Name: Securus Technologies, Inc.
Contract No.
PERSONNEL WORKFORCE DATA FORM
Firm Name._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Project #_ _ _ _ _ __
Address,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ City_ _ _ _ _ _ _ State _ _ _ Zip _ _ _ Phone NO.:.a,.'_ _""--_ _ _ _ _ _ _ __
CONTRACTOR'S AGGREGATE WORK FORCE - If you need additional space, photo copy this section and attach it to this form.
Total
Apprentlcel
OCCUPATION
Trainee
Total
Employed
.M
F
Native
Minority
M
F
American
M
F
M
Asian
F
Black
M
F
M
Hispanic
F
M
F
Management
Professionals
Technicians
Administrative
Other Classifications
TOTALS:
PSAMAS'fER.DOC rev.
6/27/11
20
Contractor Name: Securus Technologies, Inc.
Contract No.
Exhibit D
(Kiosk Statement of Work)
This Kiosk Statement of Work is made part hereto and governed by the Personal Services Agreement
(the "Agreemene) executed between Securus Technologies, Inc. ("Securus,· "we,· or "Provider"), and
Pierce County ("you" or "Customer"). The terms and conditions of said Agreement are incorporated herein
by reference. This Kiosk Statement of Work shall be coterminous with the Agreement.
RECITALS
WHEREAS, TouchPay Holdings, LP (ltTouchPay"), a Texas Limited Partnership, whose address is 1708
Mesquite Bend Drive, Irving, Texas 75063, provides electronic payment services, network services,
terminal driving and other related services for free standing electronic payment kiosks for its clients; and
WHEREAS, Securus has entered into an agreement with the Customer whereby Securus provides
certain services to the Customer. individually or through the use of a third party; and
WHEREAS, in addition to the services provided under the Agreement, Securus will install and operate the
Kiosk(s) as described herein through its third party provider, TouchPay.
I. DEFINITIONS.
A.
Implementation Project Plan shall mean a detailed "roadmap" of events that need to
occur in order to successfully complete any given project in a timely manner, error free
and within budget constraint parameters.
B.
Kiosk shall mean the hardware and software necessary to provide remote electronic
financial transactions.
C.
Kiosk Operations Outsourcing shall mean having a third party involved in the owning,
operating, replenishing of supplies and performing various maintenance functions on
various Kiosk devices.
D.
Kiosk Site Survey shall mean a physical visit by trained technicians to a potential
installation site to determine the appropriateness and suitability of a specific location that
would potentially be used for hardware installation.
E.
Network Operating Regulations means the bylaws, rules and regulations of the Network
Organizations, as amended from time to time. and as such exist from time to time.
II. PAYMENTS.
A.
Securus, through its third party provider, TouchPay, will provide a premises-based
proprietary Lobby Kiosk, a Booking Kiosk, an Interactive Voice Response System ("IVR"),
an on-line Web Payment Portal ("Web"), and a Retail Walk-in locations for the processing
of certain payment-related services, as set forth herein, which would enable Securus to
aCcept payments from Clients (herein "Clienf shall mean the depositor of funds into a
specified account) for the purpose of transferring payments from such Client to
Customer.
B.
For all services and prOVisions designated below. all fund amounts, including all cash and
all approved credit/debit payments deposited for the benefit of Client, shall be transferred
in real time into the appropriate accounts, and be immediately available for use. Provider,
through TouchPay, shall electronically transfer said funds through an automated
clearinghouse (ACH) or similar banking system, into the Customers designated inmate
Contractor Name: Securus Technologies, Inc.
Contract No.
trust banking account within ninety-six (96) hours after the deposits are authorized and
accepted by Provider. Provider will monitor all transactions and take reasonably
appropriate actions to help prevent fraudulent transactions by implementing the recovery
procedures.
C.
For all Debit Release Card services through TouchPay, the entire balance of funds in
inmate's account shall be made available for transfer to inmate's pin-based debit card
upon inmate's release from Facility, and said funds shall be immediately available for
inmate's use.
D.
Fees for Services.
In coordination with the installation of the products listed in the Scope of Service, Client agrees to the
following configuration:
Facility Size (ADP)
100-200
200-350
350-500
Phone Account Payments
Required
Required
ReQuired
Trust Account Payments
Required
Required
Optional
Self Release (Bail) Payments
Required
Required
Optional
Booking Kiosk·
Optional
Optional
Optional
Kiosk Canned MessaQing
Required
Optional
Optional
Recovery Payments
ReQuired
Optional
Optional
Accept Payments at Windows
No
No I Limited
No
Accept Money Order
Payments
No
Optional
Optional
* Fees for Booking Kiosk services will be determined on a case by case basis
1.
For cash, crediUdebit card and ACH transactions for Inmate Phone Deposits, TouchPay will
charge the Client/Depositor a base fee as follows:
Deposit
Amount
Fee
Website
Fee Transaction by
PhonellVR
Fee - Lobby
Kiosk!
eZPav
0-$20.00
$20.01$100.00
$100.01200.00
Canned
$7.95
$7.95
$4.00
$7.95
$7.95
$5.00
$7.95
$7.95
$6.00
$2.00
Messaging
For each credit/debit card Phone Deposit, TouchPay will charge the Client the base fee as listed
above plus 7.5% of the face amount of each transaction. Fees are subject to change depending
on the deployment of other equipment.
For Retail Walk-in location transactions, TouchPay will charge the Client the Base Fee above
plus $2.00 for each transaction.
2. For cash, credit/debit card and ACH transactions for Trust/Commissary DepoSits and
Recovery Payments, TouchPay will charge the Client/Depositor a base fee as follows:
Deposit
Fee
Fee-
Fee - Lobby
I
2
Contractor Name: Securus Technologies, Inc.
Amount
Website
0-$20.00
$20.01$100.00
$100.01200.00
Contract No.
$4.00
Transaction by
Phonel/VR
$4.00
Kiosk!
ezPay
$4.00
$5.00
$5.00
$5.00
$6.00
$6.00
$6.00
Canned
$2.00
Messaging
For each credit/debit card Trust/Commissary Deposits and Recovery Payments, TouchPay will
charge the Client the base fee as listed above plus 7.5% of the face amount of each transaction.
Fees are subject to change depending on the deployment of other equipment.
For Retail Walk-in location transactions, TouchPay will charge the Client the Base Fee above
plus $2.00 for each transaction.
3.
For cash, credit/debit card and ACH transactions for Self Release (Bail) Deposits in a trust fund
account, TouchPay will charge the Client/Depositor a base fee as follows:
Deposit
Amount
Fee Transaction
by Website
$0.00-$100.00
$5.00
$100.01-9,500.00
$10.00
FeeTransaction
by
PhonellVR
$5.00
$10.00
Fee - Lobby
Kiosk Cash
Fee - Lobby
KioskCC/DC
$5.00
$5.00
Additional
$5.00 per
$100.00
deposited
$10.00
For each credit/debit card Self Release (8ai/) Deposits, TouchPay will charge the Client the base
fee as listed above plus 7.5% of the face amount of each transaction. Fees are subject to change
depending on the deployment of other eqUipment.
For Retail Walk-in location transactions, TouchPay will charge the Client the Base Fee above
plus $2.00 for each transaction.
III. SCOPE OF SERVICES
Securus will install two (2) lobby Kiosks and one (1) booking Kiosks on the Customer's premises at
locations mutually agreed by Customer and Provider.
A.
Securus shall create, and assist Customer in creating, an interface between TouchPay's
system and the Customer's JMS Provider's computer and network systems to
accomplish electronic transfer of funds to Customer's accounting system.
B.
Customer's JMS Provider will provide Securus a list of payment types as well as the
payment amount for each transaction type.
C.
Prior to the installation of any hardware that may be necessary for the payment services,
Customer shall provide Securus with infonnation regarding the location on Customer's
premises where the Kiosk and I or ezPay terminal(s) shall be located. Customer shall
prepare the site for the kiosk(s), according to TouchPay's reasonable instructions. Power
and Internet connections are Customer's sale responsibility.
3
Contractor Name: Securus Technologies, Inc.
Contract No.
D.
Title to all hardware provided by Securus for the purpose of providing payment services
shall remain solely that of TouchPay or Securus as TouchPay's licensee. Within 30 days
of the expiration or earlier termination of this Agreement, or within 30 days of receiving
notice from Customer, whichever is shorter, Securus shall, at its own expense, remove all
of its hardware from Customer's premises.
E.
TouchPay shall bear all risk of loss or damage to the hardware. Customer shall not be
liable for any loss or damage to the hardware.
F.
Debit Release Cards - Debit release cards will be provided at no charge to the Facility,
and may be used to issue refunds for inmate trust andlor phone account balances at time
of release.
G.
Customer agrees to use best efforts to facilitate the use of TouchPay's payment services
as described herein. However, Customer shall not be obligated to use TouchPay as the
exclusive means for placement of funds into Customer's accounts, except as deSignated
in the Facility Size matrix above, nor shall Customer be obligated to promote, advertise,
or otherwise direct Clients to TouchPay's payment services. Customer shall retain the
right to discontinue the use of Touch Pay's payment services in its sale discretion when
necessary to guard against risk of death, injury, or breach of security to a Customer
facility.
H.
Securus shall repair or replace a defective hardware within 48 hours of notice to Securus
at the address deSignated for notice in the Agreement
IV. DUTIES OF THE PARTIES
A.
Securus.
1.
Securus, through its third party vendor, TouchPay, shall conduct a Kiosk Site
Survey and develop an Implementation Project Plan at Securus' expense.
2.
Securus shall provide, install, and operate products according to the Scope of
Services above, at the Customer's location at Securus' expense. The Kiosk{s)
shall remain the property of TouchPay or Securus as TouchPay's licensee at all
times during the Tenn of this Agreement and shall be returned to Securus (i) at
the expiration or earlier termination of the Agreement or (ii) the termination of the
Kiosk services under this Exhibit, whichever occurs first Securus shall set up
the Kiosk in a manner Securus deems to be best for transaction and revenue
generating capabilities.
(a)
3.
B.
Securus may remove a Kiosk previously deployed if, in its sole and
reasonable discretion, Securus deems the Kiosk to be unprofitable,
unsafe to operate or maintain, or is otherwise determined by Securus to
be in an undesirable location for a Kiosk.
Securus, through TouchPay, is responsible for cash removal from the Kiosk on a
regular baSiS, and will be responsible for all maintenance of the Kiosk.
Customer.
1.
Customer shall provide a secure location at which the Kiosk(s) shall be installed.
For reasons of safety and security, the Kiosk must be attached securely to the
floor of the Customer location.
4
Contractor Name: Securus Technologies, Inc.
Contract No.
2.
Customer shall provide all electrical power and network connectivity necessary
for the operation of the Kiosk at the Customer location.
3.
Customer shall cooperate with Securus and TouchPay by providing such
assistance as is necessary for the installation and operation of the Kiosk at the
Customer location, allow customers unrestricted access to the Kiosk to conduct
transactions and allow unrestricted access to the Kiosk to TouchPay, or its
designees, for maintenance of the Kiosk and provide such additional assistance
as is necessary to enable the performance of the services.
4.
Customer shall allow Securus to perform marketing services to promote usage of
the Kiosk to the public.
CUSTOMER:
PROVIDER:
Pierce County
Securus Technologies, Inc.
By:
By:
/JJJh.,U7~ I'. /.ck.-,.
Name:
Name: Robert PickenS/WILl. Y""(J.
Title:
Title:
,.,rwr.on,r
Chief Operating Officer ~;={)
Please return signed contract to:
14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277"()300
s
