HomeMy WebLinkAboutContract 53766 QO CSC No.53766
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INMATE COMMUNICATIONS
Inmate Communications Service Agreement
CONTRACT BETWEEN THE CITY OF.FORT WORTH AND NCIC INMATE COMMUNICATIONS, INC.
This NCIC Inmate Telephone Service Subscriber Agreement("Agreement")is made this; day of ,20j!0, by and
between NCIC Inmate Communications, ("Provider"), a Texas corporation, having its principal place of business at 607 E
Whaley St., Longview,Texas 75601, and the City of Fort Worth ("Subscriber")having its principal place of business at:
Address: 505 W. Felix
City, State: Forth Worth,Texas Zip: 76115
Contact:James Rodriguez
Phone:817-392-4286
Fax:817-392-8440 Email:James.Rodriguez(c)).FortWorthTexas.gov
WITNESSETH
Whereas, the Subscriber is responsible for the inmates and for the operation of, and supervisory and protective care,
custody and control of,all buildings, grounds, property and matters connected with the facility. Whereas, the Provider is a
qualified and willing participant with the Subscriber to provide inmate telephone and related communication services; in
consideration of the mutual benefits to be derived hereby,the Subscriber and the Provider do hereby agree as follows:
I. TERM
(A), This Agreement shall begin on the date of completed installation, and continue in full force and effect for a period
of one(1)year from such date and will automatically renew under same terms and conditions consecutively for one(1)year
periods,if notice of termination is not received ninety(90)days prior to completed initial minimal term or any renewal term.
11. SCOPE OF SERVICE
(A). Inmate Telephone System
Provider shall provide, at no cost to Subscriber, a fully operational, local and long distance, secure and reliable Inmate
Telephone System (ITS). The ITS shall be inclusive of, and Provider shall supply at its sole expense, all equipment,
installation, infrastructure and network, training, operation, and ongoing repairs and maintenance of the entire system and
its components which, at a minimum, shall meet the Subscriber's requirements and be in compliance with any industry
standard.
(13). Payment
The company will forward monthly payment to subscriber on or about the 301h day starting after the initial traffic month to
allow for a billing cycle to complete. Such payment shall be equal to 25(%)of gross call revenue originating from the facility
607 East Whaley Street i Longview,Texas 75601 1 903,757.4455 1888.686.3699 fax:903.757.48 OFFICOAL R�� ��I
IVCIC.Com
CITY SECRETARY
INMATE COMMUNICATIONS
not to include federal, state and local taxes, pre-paid account fees, billing statement fees,approved free calls and any other
cost recovery mechanism (s).
(C) Rules and Regulations(General)
1. The Provider shall adhere to any and all municipal,state or federal requirements for ITS installation,certification,
training or registration during the life of the agreement.
2. The Provider shall be responsible for compliance with all FCC regulatory requirements and any other
requirements imposed by local, state and federal regulatory agencies for all ITS and related services provided
throughout the duration of the agreement. Provider reserves the right to decrease commission payments in the
event of decreased rates and fees mandated by any local, state or federal agency that adversely effects
profitability.
3. The Provider shall be responsible for making all ITS modifications necessary to allow inmates to place calls in
compliance with any industry dialing requirement change(s) at no cost to the Subscriber.
4. The Provider shall be responsible for complying with and updating the ITS for any regulatory changes and
requirements during the life of the Agreement. These changes include federal, state or local municipal
regulatory changes.These changes shall be made within a reasonable time frame at no cost to the Subscriber.
(D). Provider's Responsibilities
1. Provide a comprehensive ITS that will allow for collect, prepaid collect and debit/debit card calls for local,
Intralata/intrastate, interlata/intrastate, interlata/interstate, and international calls;
2. Provide an ITS which includes, but is not limited to, system infrastructure, network, database, servers,new call
processors, digital and analog communications circuits, telecommunications capabilities, monitoring and
recording functionality, and any additional required system functionality;
3. Installation of new inmate telephone equipment at all included Facilities and any required station cabling as
determined necessary;
4. Systems and equipment that support the Facility's call monitoring/security needs,including terminals and digital
recording equipment as determined necessary;
5. Centralized database which shall contain all data elements necessary for provision of monitoring services,
reporting and historical call transaction information;
6. Provider personnel to include field repair/site technicians to perform oversight, operational assistance and
preventative maintenance/repair to the ITS system and equipment;
7. Ongoing maintenance,repair,and/or replacement and/or upgrades of all equipment and systems as determined
necessary to ensure service delivery;
8. Provision of all required training and instructional materials required for use of the telephone services as
applicable to inmates, families, and/or facility staff;
9. Provision of all related support services not otherwise indicated herein, and;
10. Commission payments based on gross revenue of ALL calls and monthly revenue statements provided, upon
request.
607 East Whaley Street I Longview,Texas 75601 f 903.757.4455 1888.686.3699 1 fax:903.757.4899
NCIC.COM
INMATE COMMUNICATIONS
(E). Installation (General)
All required materials, equipment,hardware,software and station cabling(where re-use is unavailable or new locations are
required)for installation and maintenance of the ITS shall be provided by the Provider. Wherever possible, the Provider
shall re-use existing station cabling installed at each Facility for the telephone instruments. In cases where existing station
cabling cannot be used, the Provider shall install new station cabling (Category 3 minimum) at no cost. Any new cabling
shall include wall plate, cross connection, patch cords, etc. as required. The Provider shall comply with all applicable
electrical codes. The Provider shall comply with the security guidelines on institutional security policies.The Provider shall
provide all coordination required with any local bandwidth provider and other carriers during installation and for the duration
of the Agreement.
(F). System Functionality(General)
The Provider shall provide an ITS with a system fully supported by an infrastructure which has the capability to provide
specified services such as secure and real-time monitoring of telephone calls.The ITS shall contain security features which
prevent unauthorized individuals from accessing any information held by the Provider. Secure access to the system and
the database shall be maintained at all times. The Provider shall provide complete support of all systems and software
necessary to ensure provision of services at all times for the duration of the resulting Agreement. The system shall contain
an automated announcement function capable of processing calls on a selective bi-lingual basis: English and Spanish.
(G). Telephone Equipment
Throughout the term of the Agreement,the Provider shall own all systems and equipment and shall conduct all maintenance,
repairs, upgrades and replacement to systems and equipment at no cost.
(H). Equipment Service &Maintenance
The Provider shall provide equipment to support service delivery as specified herein at all designated Facilities that are fully
functional in regards to all labor, materials, service hardware and/or software. The Provider shall further warrant that any
equipment installed for the subscriber shall be free of defects, irregularities, code violations and shall operate as designed
and proposed or negotiated. Time is of the essence in completing emergency and other service repairs or replacements.
Thus,the Provider is required to meet all response times as required by the Facility to return the system to normal operating
status. In the event of extraordinary obstacles to service delivery for which the Provider exceeds the time-to-service
requirement, notification and a detailed plan of service shall be provided to the Facility. Provider shall be responsible, at its
sole expense,for costs associated with maintenance and repair of the ITS it installs.
III. General Policies
(A).Termination
Either party may terminate this Agreement for cause prior to expiration of the initial term if there is an alleged breach of the
term(s)by the offending party. If a breach of this Agreement occurs by the Provider, the Subscriber may, by written notice,
send a demand letter to cure breach within thirty(30)days. The cure period may be extended to a mutually agreeable date
up to ninety (90) days, if the default cannot be reasonably cured within the specified time and if the defaulting party has
begun to cure the default. Notice shall be delivered by certified mail(return receipt requested), by other method of delivery
whereby an original signature is obtained, or in-person with proof of delivery.
(B). Indemnification
LIABILITY - PROVIDER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,
PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF PROVIDER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
607 East Whaley Street I Longvlewjexas 75601 1 903.757.4455 i 888.686.3699 1 faw 903.757.4899
NCICLCOM
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INM411MMUNICATIONS
GENERAL INDEMNIFICATION - PROVIDER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND SUBSCRIBER, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED,
FOR EITHER PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO PROVIDER'S BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS ORI MALFEASANCE OF PROVIDER, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
C). Provider's Insurance
The Provider agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all
times during the existence of this agreement.
(D).Assignment
This Agreement may not be assigned by either party without the written consent of the other party, which shall not be
unreasonably withheld, except that Provider may assigned the Agreement to an affiliated company without written consent.
(E). Force Majeure
Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract
or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water,
wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor
disputes.
(F). Severability
The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and
this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the
material purposes of this Contract can still be determined and effectuated.
(G). Governing Law
This Agreement is executed and entered into in the State of Texas, and shall be construed, performed and enforced in all
respects in accordance with the laws, rules and regulations of the State of Texas.
(H). No Third-Party Beneficiaries
Except as otherwise expressly provided herein, neither this Agreement, nor any amendment, addendum or exhibit attached
hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit
to any party not a signatory hereto.
(1). Exclusivity
During the term of this Agreement,the Subscriber agrees to grant the Provider exclusive rights to install and maintain Inmate
Communications Services for all Facilities owned and future Facilities operated or governed by the Subscriber,inclusive of
all inmate communications products and services.
(J). Circumstances Uncontrollable by Provider
We reserve the right to renegotiate or terminate this Agreement upon thirty(30)days written notice if circumstances outside
our control related to the Facilities including, without limitation, changes in rates, regulations, or operations mandated by
law; reduction in inmate population or capacity; changes in jail policy or economic conditions;acts of God;actions taken by
the facility that negatively impact the Providers business, however, we shall not unreasonably exercise such right.
607 East Whaley Street I Longview,Texas 75601 1 903.757.4455 1 888.686.3699 far.903.757AB99
I NCIC.COM
*INMATEOMMUNICATIONS
Customer acknowledges that Provider's provision of the services is subject to certain federal, state or local regulatory
requirements and restrictions which are subject to change from time to time and nothing contained herein shall restrict
Provider from taking any steps necessary to perform in compliance.
(K). Right to Audit.
Provider agrees that Subscriber shall, until the expiration of three(3) years after final payment under this contract, or the
final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable
times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of
Provider involving transactions relating to this Agreement at no additional cost to Subscriber. Provider agrees that
Subscriber shall have access during normal working hours to all necessary Provider facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this section. Subscriber shall
give Provider reasonable advance notice of intended audits.
(L). Independent Contractor.
It is expressly understood and agreed that Provider shall operate as an independent contractor as to all rights and privileges
and work performed under this Agreement, and not as agent, representative or employee of Subscriber, Subject to and in
accordance with the conditions and provisions of this Agreement,Provider shall have the exclusive right to control the details
of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Providers and subProviders. Provider acknowledges that the doctrine of respondeat superior shall not apply as
between Subscriber, its officers, agents, servants and employees, and Provider, its officers, agents, employees, servants,
Providers and subProviders. Provider further agrees that nothing herein shall be construed as the creation of a partnership
or joint enterprise between Subscriber and Provider. It is further understood that Subscriber shall in no way be considered
a Co-employer or a Joint employer of Provider or any officers, agents, servants, employees or subProvider of Provider.
Neither Provider, nor any officers, agents, servants, employees or subProvider of Provider shall be entitled to any
employment benefits from Subscriber. Provider shall be responsible and liable for any and all payment and reporting of
taxes on behalf of itself, and any of its officers, agents, servants, employees or subProvider.
(M). Prohibition on Contracting with Companies That Boycott Israel
If Supplier has fewer than ten employees or the Agreement is for less than $100,000, this section does not apply.
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from
entering into a contract with a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract,Supplier certifies that Supplier's signature provides written verification
to the City that Supplier: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract.
[SIGNATURE PAGE FOLLOWS]
607 East Whaley Street I Longview,Texas 75601 1 903.757.4455 1 888.686.3699 1 fair 903.757.4899
NCIC.CQM
INMATE COMMUNICATIONS
ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
Tosus✓ Chaps_ administration of this contract, including
By: Jesus J.Chapa(Apr3, 020) ensuring all performance and reporting
Name: Jesus J. Chapa requirements.
Title: Assistant City Manager
Date: 0
By: Lt.B.Price(Apr 2,2020)
APPROVAL RECOMMENDED: Name: Lt.'Billie Price
Title: Tolice Lieutenant
APPROVED AS TO FORM AND"
By: E winKraus(Apr2,2020) LEGALITY:
Name: Edwin Kraus
Title: Chief of Police
ATTEST; Tor Paris(_
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.� r *Name: Taylor Paris
i
` itle: Assistant City Attorney
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By: Mat�/ , a CONTRACT AUTHORIZATION:
Name: Mary J. Kayser M&C; (None Required)
Title: City Secretary Date Approved:
Form 1295 Certification No.: N/A .
NCIC INMATE COMMUNICATIONS,INC.
By:
Name: Dougl *an
Title: Regional Sales Manager
607 East Whaley Street Longview,Texas75601 903.757.4455 888.6,86.3699 fa,c903.757.489
NCIC.COM FRUAL RR;iiJW' `.
CITY SECRETA `,` a
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INMATE COMMUNICATIONS
ATTACHMENT A
,RATES, FEES AND_COMMISSIONS
ITS Calling Rates
Collect Pre-Paid Collect - . - .
Call Type Per Minute Rate Per Minute Rate Per Minute Rate
Local $0.31 $0.31 $0.31
Intralata/Intrastate $0.31 $0.31 $0.31
Interlata/Intrastate $0.31 $0.31 $0.31
Interlata/Interstate $0.25 $0.21 $0.21
International $0.50 $0.50 $0.50
• 25% of Gross Call Revenues
ITS Allowed Fees
Approved Charge/Fee Name Amount
Pre-Paid Funding Fee (Automated): $3.00
Pre-Paid Funding Fee Live Representative): $5.95
Pre-Paid Funding Fee via Cash, Money Order or Check: $0.00
607 East Whaley Street I Longview,Texas 75601 1 903.757-4455 1 888.686,3699 1 tax:903.757.4899
NCIC.COM