Prison Phone Justice

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commumcatIons

lnmate Telephone Service Aweement
Y"Idm~ ConDIT Dereniion Center
Amendment # 2 -lnternntionlil Collect A ,'ailnbility
~ursU3l1i to thetenns

and !:cmditions of the lmnate Telephone:5ervices Agreement-and
Amendment 411 (both documents are Bl:fac;bed:and incorpor,ated herein by tilisreferen!:e)
between FSH CDlllJ11l1!liCatlons and Yakiwa COUll!}', the parties hereby agree to add the
foUowing: specific clauses ofthe Agreement ru; set forth below.

1. V,'TERNATlONALCOLLECT AVAILAlllLITY, FSRis malcing International
Collect callinll to Mexico available to Yakima Count)'·at no coflito the County. Should
the Yakima. County Department of Corr.ectiOllS allow inmates access to this service,
Yalcima.Countywill receive:lil'iypercent(51}%) commission on tile reveDueF'SH
receives (clJmmtly S1.6O per'completed call) frOIIl the1lJlderlying telecommunications
!:aIrier ut:ilized by FSR for this service. Jmplementation of this service is at the ·option of
'Yakima County.
.411 other tenns andconrijtions oftl>t Agreement remain in force and effect furthe term of the
Agreement.

The parties' signatures below indicate their ~ent.arul acceptance of.tbis Amendment # 2.
For YakiJllllColUJtr:

~.~..... /1!71J~!$
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./' Signature IlIld Date
Steve Rnbertson
Director

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Yakima County Department of Corrections

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AGREEMENT

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This Agreement is entered into this ~day of CJcfo r
20 ,( ffecrive Date) by and between Yakima
County, WA ("COUNTY"), and Praeses, LLC, ("CONTRACTOR ).

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COUNTY has requested CONTRACTOR to provide certain· a el hon~ con$u1' g, manageI!lent, market
intelligence, and reconciliation services, as hereinafter described an 0 TR4CTOR' willing to provide such
services Wlder the terms and conditions set forth below:
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SCOPE OF SERVICES

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CONTRACTOR shall provide the services described in the att.chi' ElclIibi A.
II.

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COMPENSATION AND REPORTING

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COUNTY shall pay CONTRACTOR a monthly management ~
11.21%: of the t tal monies and benefits
(signing bonuses, technology grants, etc.) p';d by Inmate TepJillf icatliln Servi Providers ("ITSP") to
COUNTY.
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COUNTY shall pay CONTRACTOR a rate of 33 1/3% of al ~ ri
COUNTY. If no historical reconciliation compensation is collee b
business means to pursue. identified historical reconciliati
CONTRACTOR a rate of 15% of the identified historical reconci ioti
is defined as a good faith effort. Historical reconciliation compe . ati OJ is
or commissions due COUNTY but not initially reported or p';i! b)i an
Agreement, which results in compensation due the COUNTY. C1ntractor
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of the execution of this Agreement.

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I re onciliati compensation .paid to
dO
'el s nUt to 'use reasonable
ens. ioll, I
COUNTY will pay
pen tioo1.
onable business means
efin d as spec fie anomalies inrevenlle
TSiP Iprior to e effective date of this
. I rfport its . dings within 18 months
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CONTRACTOR will provide monthly revenue reporting to do~ in a format fPproved by COUNTY.
CONTRACTOR will modify or revise the reporting formats as l"eI'!lle!'ted y CQUNTY Bljd mutnally agreed upon.
The management fee descn'bed above will be deducted monthly 1T0m:. e aym¢t remi d by CONTRACTOR to
COUNTY along with the monthly reports. CONTRACTOR will r' mil t C
on a utua1ly agreed-upon date
following the receipt month of commissions and traffic reports fro nls.
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UNfY

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GUARANTEE
If after eighteen (I 8) months from the delivery of the initial on I
venu~ report, ONruCTOR has not
increased the net return from inmate telephones, after CONTRA. :T<i>lt's fee. '!"" dedo ed, to an amount that is
greater than the net retnrn from inmate telephones received by atJmjtY or th~ eighteen I(\8) months prior to the
Effective Date of this Agreemen~ CONTRACTOR will refund tJie ditFere ce ttl coUN'IlY, allowing COUNTY's
net retnrn from inmate telephones to equal the eighteen months prior",
Effective Dale of this Agreement If
there has been • material change in Average Dal1y Populatiob eAD ") in the prior eighteen months (18),
CONTRACTOR will be measured on per inmate revenue. For tlus
d
COUNTY must notify
Pmoses of the difference in the net return within forty-five (45~ d•. of the elivery 0 the eighteenth monthly
remittonce due under this Agreement and request the refund. Tbe
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exceed hat CONTRACTOR has
ret.;ned in fees.
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This Guarantee is void if COUNTY (\) enters into any agreemf.l th
P for
ling rate or conrmission
reductions; or (2) chooses not to implement revenue enhancing i e
nWd by CO
CTOR th.t does not
bear monetar)' cost to the COUNTY. The Guarantee is also va; if Is gr
ent i~ Ie . •ted, for any reason,
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prior to the end of the 18 month period.
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IV.

IERM

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This Agreement shall commence on the Effective Date and expij'e thrl'e
monthly revenue report to COUNTY and will automatically reneW; for'cOns
terms and conditions unless either party provides notice oftermin8tlo, 0
requested, no Jess than sixty (60) days prior to the expiration
df hi
term(s).

+

) years from the delivery of the initial
utiv,e two (2). ear terms at the original
e 01:l\er via co 'fied mail, re1lJrn receipt
Agr~ement or any subsequent renewal

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V.

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TERMINATION

Notwithstanding any provisions in this Agreement to the con
CONTRACTOR of any alleged breach of this Agreement and CO T
date of the receipt of sucb written notice to cure same.
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vide written notice to
(30) days from the

C OR Shall have

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day~ written Botice to the other party.

Either party may terminate this Agreement without cause upon mnetYi(9
Notice sball be deemed served on the date of receipt of the notice.

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MISCELLANEOUS TERMS

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addendum(s)~ rep~se ts th~ entire UIlderstanding between the

This Agreement, together with anyattachment(s) or
parties with respect to the subject matter bereof and supers~'es ~ll
understandings relating thereto. The provisions of this Agreement ma~~ot
by a written instrument duly executed by both parties. The failure of ,;er
of any prOVision hereof sball in no manner affect the right at a la d
party of any prOvision of this Agreement, whether by conduct or thfF'5
deemed to be, or construed as, a further or continuing waiver of

4Ch .

in this Agreement.

rior cooununi' ations, agreements and
m~difi.d, ended, f1f waived except
~t any . e to require performance
elllfo ce thp s e. No waiver by either
,in y one 0 more instances, sball be
ion, r of any
er provision contained

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COUNTY and CONTRACTOR shall indemnify and 'defend eachl
inst;"'y loss, st, damage, reasonable
expense (including reasonable attorney's rees) Or liability of any kin~ p 'd pursuaut to a judgment of conrt of
competent jurisdiction Or third-party settlement for damages to property, p sona! injuries <l>r deaths, arising directly
or indirectly, from the performance of this Agreement, except wb~re ~\Ifh Iss, cj>st, doma e, expense or liability is
due to the sole gross negligence of either party, their agents or e . ploY*es. CONTRACT R is not responsible for
vandalism, holes in walls or other modification to COUNTY'S Omisbs. NotWithsl1U1 . g any provisions in this
eli ~' forfonseqn., special or punitive
Agreement to the contrary, neither party shall be liable to the
0 's Ii ility exc ed the management fees
damages. Notwithstanding the foregoing, in no event shall CO
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actually received under this Agreement during the previous three ( )

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In the event that one or more of the provisions contained in the A
illegal or unenforceable in any respect, such invalidity, illegall
provision of this Agreement, but this Agreement shall be cons

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provision had never been contained herein.
VII.

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NOTICE

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all . any re on be held to be invalid,
e forc~ability s all not affect any other
i suc~ invalid, ,illegal or unenforceable

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Any notice, demand, request, consent, or approval that either paniy h.rlto req,,!red to give the other pursuant to
mai~ 'dressed as fullows:
this Agreement shall be in writing and shall be either personally deivn sent

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TO COUNTY:

TOCO~T

Name
Department name
Department Address

Pmeses L
Attn:
330 Marsh . S
Shreveport~ IlA

C OR:

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Iynn.b""~ praefes.com
Lyon B~ul ux ,Cat same address)

CC:

IN WlTNESS WHEREOF, the parties hereto bave caused this Agrjleme~t
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shown below.
COUNTY

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be dilly exOCl$d as of the day and year

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(name)
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INSURANCE

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e~enSe' .

During the term of the contract, the contractor shall maintain'
a its
There shan be no cancellation., material change, reduction in limi orliJ'te t not
without 30 days written notice from the contractor or its insurer(s)
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Workers Compensation insurance in compliance wiili RCW 5 .1
provide workers' compensation coyerage for all their subject wo
for not less than $1,000,000 each accident or disease,

renew e insurance coverage(s)
agen ie •.

requlr s subject employer's to
Liabili insurance (or Stop Gap)

The ContraCtor's Mutually'Negotiated Waiver of Employer's
CW agrees; intends and
promises iIl.1 its duty to defend, indemnify, and hold harmless Y .,
cers, employees, agents,
volunteers, and insurers wder this Agreement shall he fully effecti re dle s of'l"Y provis on to the contrary in Title
51 RCW, Washington's Industrial Insurance Act. Accordingly, b
n utJlmlI negotiati between the Contractor
and Yakhn. Couuty, Contractor hereby expressly waives its inunun ty
rt lia~ility und Title 51 RCW, but only
to the extent suclliegal rights under this Agreement or other applic Ie w e to ~e fuly d fended, indemnified, and
held harmless by Contractor from claims or suits by Contractor's r. or eIDpfYees, or y assignee of or anyone
subrogated to any of their rights or their interests for injuries r I i esenced by Contractor's workers or
employees, caused by the acts or omissions of Contractor or by th
. or . s'
of an
directly or indirectly
employed by or under contract with Contractor, or anyone for
0 : •a
Co
C)T
ght be liable absent the
provisions to Title 51 RCW.
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The COnb'actor certifies iliat it has liability insurance wiili covera e i: e
f $1,000, 00. The Contractor sball
provide to the County proof of insurmce and ilie certificate with e do
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to the contract The
coverage provided to Ya1tima County, its officers, employees, ag IS, . lun eera,
msur as Additional Insureds
shall be primary and not contribu\Oly to any oilier insurance iliat may he
iJa Ie In ncb A
•onallnsureds.
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INDEPENDENT CONTRACTOR
The parties agree that, for the purposes of this agreement, the Con c
Contractof nor any employee of the Contractor is an employee of
employee of ilie Contractor is entitled to any benefrts that Yaklma 0
solely responsible for payment of any statutory workers compens
by state law.

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ontractor and neither the
Neithe the Contractor nor any
rovid s its em oyees. The Contractor is
r e plo er's llabi 'ty insurance as required
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NONDISCRIMINATION
The Contractor agrees that it shall not discriminate against any pe n .
national origin, sex, sexual orientation, age, marital status, por 'cal'
sensorY, mental or physical bandicap in violation of the W . gt
chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. I 10
or local law, rule or regulation.

e, creed, color,. religion~
or the presence of any

LAWS, VENUE, JURISDICTION
This Agreement shall be governed by the laws of the State of W hi
fur the enforcement of this Agreement shall be brought in the Sup ri
County, Washington.

t, or judicial proceeding
f Washington in Yaklma

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This agreement is entered into on the

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BOARD OF YAKIMA COUNTY:
COMMISSIONERS

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·201 .

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OR:

d Elliott, County Commissioner

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Michael D. Leila, County Commissioner

Attest:

dyBUIkett
'-..,Iue)luty

as to form:

. . --/L<"'7~

Clerk oflho Board

BOCC59G-2011
October 18, 2011

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Deputy Prosecuting Attorney

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EXHIBIT A
SCOPE OF SERVI

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CONTRACTOR sltt/IlprllVid. tltejoUolfJing services:

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MANAGEMENT

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Repair/service issues
Coordination of on-site technicians
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System upgrades/maintenance
rnvestigative reports
BI~cked numbers
Coordination of new installation of equipment! f< at
Maintenance of inventory (phones, rate plans, co
Verification of "free" phone numbers
Telephone removals and relocations
Vendor issues
Reporting and commissions
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strue ures"eq pment)

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Vendor Compliance Services
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WOtic wilh ITSP and COUNTY to facilitate optIma, r ' te telephone stomer service from lhe
ITSP
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work wilh ITSP and COUNTY to validate l~P
c ntrTallY co pliant wilh its service
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~:lh ITSP to fitcilitate timely responses to

CONSULTING AND MARKET INTELLIGENCE

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CONTRACTOR will conduct in-depth requirements gathering
si, I s eys ~o unders d COUNTY's unique
needs and requirements affecting its inmate communications e'lvird,*,e t. CONTRA(CTOR will consult wilh
COUNTY to:
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Advise COUNTY of new technologies, regulaticjns,;"a , dustry tren~ ,
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Consult through any Request for Proposal ("RFPf') p~Jce or ftract renewal process which will
include, at COUNTY'S sole option, RFP crealion,! jt or
P respo se summaries, contract

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RECON~:::;~Nand Vendor/equipment transitions

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The reconciliation services to be provided by CONTRACTOR incl de ,
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Evaluate lhe accuracy of calling rates, revenues d 0
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W<Irk at lhe discretion of COUNTY to collect an e
ut mjPaid monIes
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Utilize proprietary melhods to detect errors and iaentl
nds .'f.'d anomalties
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Wotic at 1he discretion of lhe COUNTY ~ con, uc a liislorkal ~COnCiUatiOn in which
CONTRACTOR will reconcile all records fOfi1he 1life f lh~ currem oDlract to validate lhat
COUNTY has been pald what it earned from its f mat~ tel pholle contra

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COUNTY's responslbilltla,

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COUNTY sball promptly execute the Letter of Agene (E
authorized Agent with respect to all matters regarding the pro • io
described herein,

ibi B) j'eSignjltiD CONTRACTOR a, its
0 the nmatl;> T lephone System ("ITS")
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COUNTY shall provide CONTRACTOR, to the e nt
ss Ie, ,"111 to
records to assist
CONTRACTOR in providing 1IIe Scope of Services, Such inform tio~ ill inclu\ie but not be limited to:
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Number of inmate telepbones at each COUNTY )ac;!i\Y;
Average Daily Population and number of beds at eachfO
facility;,
Numbers of phones located in COUNTY Faciliti~s .n~ us d by inmates; ,
Copies of current Vendor contracts and any arne dm~ms;
Information about the ITSP at each COUNT file/I" incl~ding I co

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person;
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Revenue and commission data for each inmate te~
at aoh ~O TY facility for 1110 18
month period prior to CONTRACTOR's manag m I
Any other infonnation pertinent to CONTRACT R'
a ag.ojent 0tthe ITS.

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COUNTY shall provide CONTRACTOR reasouable ac ss t C
fac ·tie during nonnal business
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TY shall a[,o provide
hours for the purposes of inspecting, evaluating and monitorin th TS qualltv.
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authorization for remote access (approved user level) from ITSP.!

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COUNTY shall assist CONTRACTOR willi obtaining dati. fr~'I' I
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llie requested data to CONTRACTOR..

P if!andlor w ,en ITSP declines to give
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yakima County Dept of Corrections
Policies and Procedures
Chapter:
Title:

6 Operations
Phone Calls, Intake and Special

Number: 6.58
Date Approved:

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04109/09

Policy:

A.

II.

Prisoners being booked into the Yakima County Department of Corrections have the
right to make at least two local or long distance phone calls at the time of intake at the
expense of the department. Prisoners being booked in shall be so informed by staff.
B.
Phone calls made or phone calls refused at the time of intake shall be appropriately
logged in the YCDOC jail management software.
C.
Corporals and sergeants may allow prisoners to make additional or special phone calls
such as legal or emergency calls at department expense. All such phone calls shall be
appropriately logged in the YCDOC jail management software.
Authority/Background:
Yakima County Jail Standard 11.03 Te/ephone Calls Allowed at Booking.

A.

III.
IV.
V.
VI.

Definitions: None
Link To: None
Forms/Attachments: None
Procedure
A.
Staff shall log phone calls in the following manner:
1.
2.
3.

Date each call was offered or made.
Time each call was offered or made.
The specific numbers called, including area code.

4.

Description of what occurred:
a)
b)
c)
d)
e)

Adopted this

"Completed"
"Incomplete"
"Refused both calls" or "Refused 2nd call"
"Completed, special call (personal or legal) per (name of sergeant or
corporal)"
Name of staff member facilitating the calls.

b the Director/Deputy Director:

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6.58 Phone Calls, Intake and Spocl8l .

by Director or Deputy Director

.. Prepared By: Chief Paulakls

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