Butte County Board of Supervisors Agenda Transmittal

Transcription

1 Butte County Board of Supervisors Agenda Transmittal Clerk of the Board Use Only Agenda Item: 3.26 Subject: Revenue Contract Amendment Department: Sheriff-Coroner Meeting Date Requested: January 8, 2013 Contact: B. Callas Phone: Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and other background information as necessary). The Sheriff's Office maintains a contract for telephone services for inmate use within the jail facility through Securus Technologies. The contract is set to expire December 10, The Sheriff's Office recently completed an RFP for video visitation services and, after reviewing two viable responses, chose Securus to provide video visitation services. Video visitation will allow inmates to view and speak with visitors on-line thus reducing the need for friends and family to travel to the jail. The video visitation system expands jail visiting hours from just weekends to seven days per week and expands visiting hours each day. Video visitation is less staff intensive than allowing in-person visitation and more inmates will be able to visit with friends and family. Video visitation stations will also allow inmates to access commissary ordering, personal information regarding court dates, release dates and commissary balances, requests for medical visits and within one year additional inmate services. In collaboration with General Services, it was determined that in order to simplify inmate services and contract management, the Securus telephone contract should be amended to include video visitation services. In order to allow Securus time to capture their initial equipment installation costs, the Sheriff's Office is requesting to extend the telephone services contract two additional years to coincide with a three-year service agreement for video visitation. Fiscal Impact: Revenue contract for inmates. There is no cost to the County to provide these telephone and video visitation services. Personnel Impact: N/A Action Requested: Approve agreement and authorize the Chair to sign subject to review by County Counsel and the Auditor-Controller. Administrative Office Review: Andy Pickett, Deputy Chief Administrative Officer

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3 AMENDMENT TO CONTRACT GREATER THAN $25, This Amendment to the Contract identified below, between the County of Butte and the Agency identified below, reflects the mutual agreement between the parties to amend this Contract in consideration for the mutual promises contained herein. Amendment Number 2 Date of Amendment 11 December 2012 Contract Number R41228 Date of Contract 11 December 2010 Agency Securus Technologies, Inc. Previous Contract Price (Fiscal Estimated Revenue) 290, Net Estimated Change This Amendment (Fiscal) 14, Revised Contract Price (Revised Fiscal Estimated Revenue) 304, Original Completion Date 10 December 2013 Revised Completion Date 10 December 2015 Fixed Price Fixed Price Fixed Price Not-to-Exceed Price Not-to-Exceed Price Not-to-Exceed Price Description of Additional Changes: Addition of Video Visitation stations provided by Agency at no cost to County. SECOND AMENDMENT TO COUNTY OF BUTTE CONTRACT NO. R41228 This Second Amendment is made as of the last date signed by the parties below (the Second Amendment Effective Date ), and amends and supplements that certain Contract No.R41228 dated December 11, 2010 (the Contract ) between the County of Butte, a Political Subdivision of the State of California ( County ) and Securus Technologies, Inc., formerly known as Evercom Systems, Inc. ( Agency ). WHEREAS, the parties wish to amend the Contract to extend the term and to deploy Video Visitation at the facilities identified below. NOW, THEREFORE, in consideration of the mutual covenants, representations, promises, obligations and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. TERM COMPLETION DATE. Effective the date of this Amendment, the Term shall be extended by two (2) years. Therefore, the Term Completion Date on the Contract shall be modified from 10 December 2013 to 10 December VIDEO VISITATION. Agency shall deploy a Video Visitation System at the facilities below pursuant to the terms and conditions herein. 3. RECITAL CORRECTION-Amendment #1 reference to Agency as Contractor is corrected herein to amend all references to Agency. DUTIES OF AGENCY: 8. VIDEO VISITATION SYSTEM Agency shall supply 7 public terminals, 2 public attorney terminals, 40 pod and 3 cart terminals for a total of 52 video visitation stations with at-home/remote video visitation capabilities. The terminals will be contained in detention grade protective cabinet/enclosures. There will be no cost to County for any equipment, installation, software or interfaces between the video visitation stations and any existing County systems. Any hardware or software upgrades will be furnished by Agency to County at no cost. Agency shall ensure the public video visitation stations will allow for multiple visitors in one visitation session. Video visitation stations will perform at a rate of up to 30 video frames per second for 2-party visitations. Amendment to contract Greater Than $25, Butte County General Services Department Rev Page 1 of 6

4 Agency shall ensure the video visitation stations will have a light that will illuminate inmate when visiting. On site visiting must be offered at no charge to the visitor or the inmate/detainee being visited. Agency shall ensure the video visitation stations will be capable of accepting data from the Butte County Sheriff s Office jail management system. The data shall supply inmate names, inmate ID numbers, housing locations and other necessary information. The Agency will work with the County to determine what information is required so the system s visitation scheduling function will work properly. Agency shall ensure the video visitation stations will allow video conference between inmates and their visitors, including professional visits, without the visitors having to download any proprietary software onto their computer to conduct the visit. Agency shall ensure the video visitation stations will have a Scheduling/Calendaring Module that will: Block out access to Stations times that are already scheduled Allow scheduling of visits only on terminals available at the requested time and in the requested location Allow County Administrator(s) to easily: o Review visitation requests made in a specified time frame o View a list of scheduled visits for all stations o View a list of scheduled visits for the inmate on the unit where the inmate is housed o Easily cancel scheduled visitations that become unavailable and allow selection of the reason for the cancellation, which will be posted to the System database Agency shall ensure the video visitation stations will have a defined process for scheduling visitations. The visitation recordings will have automated management capabilities and recordings will be saved at least ninety (90) days. Recordings will be made available for use using standard non proprietary application(s). Recordings will be accessible via a web portal. Agency shall process payments for paid visits and report the number of paid visits and commissions for the paid visits to the County. County personnel will also have access to reports. Agency shall be responsible for any billing disputes with inmates friends, family and professional visitors. Agency shall ensure the video visitations stations will also have the following capabilities: Agency offers a commissary ordering application free of charge, which can replace ordering forms/bubble sheets. Agency will negotiate with County s commissary vendor to fully automate the ordering process. Inmates will be able to locate and review personal information regarding: court dates, release dates, and commissary account balances. Within 12 months of the Date of Amendment, Agency will develop the capability to locate and electronically complete Butte County Jail grievance forms that will be transmitted back to a central computer system location available to Butte County staff. The system will issue a number to the grievance form that will then be sent back to inmate electronically. Locate and electronically complete a Sick Slip form requesting a medical appointment. The request will be transmitted to the medical unit for scheduling. Within 12 months of the Date of Amendment, Agency will develop the capability to view the Butte County Jail Inmate Handbook in both English and Spanish versions. Within 12 months of the Date of Amendment, Agency will develop the capability to complete request forms that will be transmitted to a location where staff can print out forms and respond to the requests. Within 12 months of the Date of Amendment, Agency will develop the capability to load Kiosks with all internal inmate forms for use by inmates, at the discretion of the Sheriff s Office. Agency shall supply one network printer for the County. Amendment to contract Greater Than $25, Butte County General Services Department Rev Page 2 of 6

5 COMPENSATION: Per contract No. R41228, Agency currently pays County 60% commission from inmate collect and debit telephone calls; effective the month following the completion of the Video Visitation System Installation, Agency shall increase commission by 5% to a total of 65%. Beginning in the year 2014, month and day to match the Date of Amendment, Agency shall pay County 20% of all commissions received from video visitation services. Agency shall remit the video visitation commission for a calendar month to County on or before the 30 th day of the following calendar month in which the paid remote Video Visitation sessions were held (the Payment Date ). All commission payments shall be final and binding upon the County unless Agency receives written objection within sixty (60) days of the Payment Date. DUTIES OF COUNTY: County will approve visitors for video visitation before they are allowed to schedule visits. County will provide interface access to the County s Jail Management System for Agency to receive inmate information. County will decide the location for public and inmate visitation. County will allow Agency to install conduit, 110 power and CAT5 wiring necessary for the video visitation stations to function, to include installation of any wiring needed to connect the existing equipment rooms to each other. There will be no cost to County. County is responsible for all Jail Management System (JMS) and Commissary integration fees. ADDITIONAL TERMS: The County and Agency acknowledge that Securus Video Visitation sessions shall be limited to 20 or 40 minutes in duration. A session fee of $20 plus applicable taxes/fees/surcharges will apply to each 20 minute paid remote Video Visitation sessions and will be charged to the end user. A session fee of $40 plus applicable taxes/fees/surcharges will apply to each 40 minute paid remote Video Visitation sessions and will be charged to the end user. [As used in this section, a remote Video Visitation session means any sessions where Video Visitation traffic is routed over the internet.] If County wishes to offer free remote session(s) for any reason, the session fee will be deducted from the monthly commission payments. County agrees that Video Visitation must be available for a minimum of 50 hours per Video Visitation terminal per week. For purposes of this Section, applicable taxes/fee/surcharges per session will not exceed $5.00 and will be charged to the end user. If applicable, all recorded Video Visitation sessions will have a standard retention of ninety (90) days from the recording date. WARRANTY: Agency warrants that the services provided as contemplated in and by The Video Visitation Schedule (Attachment I) will be performed in a good and workmanlike manner consistent with industry standards and practices. Agency further warrants that its agent(s) and/or employee(s) utilized by it in the performance of its obligations under this Attachment I, Video Visitation Schedule will be qualified to perform the contracted services. Should any errors or omissions arise in the rendering of the services under this Attachment I, Video Visitation Schedule, Agency will undertake to correct such errors or omissions within a reasonable time period. If County purchases from Agency any hardware components in connection with the services hereunder ( Hardware Components ), Agency warrants such components to be free from material defects under normal use, maintenance and service for a period of twelve (12) months from the date of installation of the Hardware Components. This warranty shall be conditional on County s compliance with the provisions of this Warranty section. Amendment to contract Greater Than $25, Butte County General Services Department Rev Page 3 of 6

6 Agency makes no warranty with respect to low performance, damages or defects in any Hardware Component caused by misuse, misapplication, neglect or accident, nor does Company make any warranty as to any Hardware Component that has been repaired or altered in any, which, in the sole judgment of Agency affects the performance or purpose for which the Hardware Component was manufactured. When applicable, Agency shall provide the required replacement parts and components free of charge. THE WARRANTY OBLIGATIONS OF AGENCY WITH RESPECT TO THE HARDWARE COMPONENTS ARE STRICTLY LIMITED TO THE REPLACEMENT OF ANY DEFECTIVE HARDWARE COMPONENT. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF AGENCY EXCEED THE UNIT PRICE PAID BY COUNTY FOR ANY DEFECTIVE HARDWARE COMPONENT OR PART THEREOF. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN A SCHEDULE TO THE AGREEMENT, THE SERVICES AND ANY HARDWARE COMPONENT TO BE PROVIDED HEREUNDER ARE PROVIDED WITHOUT ANY OTHER WARRANTY OR GUARANTY OF ANY KIND AND AGENCY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOFTWARE LICENSE: Agency grants County a personal, non-exclusive, non-transferable license (without the right to sublicense) to access and use certain proprietary computer software products and materials in connection with the Video Visitation System (the Software ). The Software includes any upgrades, modifications, updates, and additions to existing features that we implement in our discretion (the Updates ). Updates do not include additional features and significant enhancements to existing features. County is the license holder of any thirdparty software product Agency obtains.. County authorizes Agency to provide or preinstall the third-party software and understands that Agency may agree to the third-party End User License Agreements on behalf of County. County s rights to use any third-party software product that is provided by Agency shall be limited by the terms of the underlying license that is obtained for such product. The Software is to be used solely for County s internal business purposes in connection with the Video Visitation system at the Butte County Jail.. County will not (i) permit any parent, subsidiary, affiliated entity, or third party to use the Software, (ii) assign, sublicense, lease, encumber, or otherwise transfer or attempt to transfer the Software or any portion thereof, (iii) process or permit to be processed any data of any other party with the Software, (iv) alter, maintain, enhance, disassemble, decompile, reverse engineer or otherwise modify the Software or allow any third party to do so, (v) connect the Software to any products that Agency did not furnish or approve in writing, or (vi) ship, transfer, or export the Software into any country, or use the Software in any manner prohibited by the export laws of the United States. Agency is not liable with regard to any Software that County uses in a prohibited manner. OWNERSHIP AND USE. The Video Visitation System and Software shall at all times remain Agency s sole and exclusive property. Agency (or Agency s 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 Agency s Applications, the Video Visitation System, and Agency s other products and services (the Materials ). The Materials constitute proprietary information and trade secrets of Agency and its licensors, whether or not any portion thereof is or may be the subject of a valid copyright or patent. LEGALITY/LIMITED LICENSE AGREEMENT: For services related to applications which may allow County to monitor and record inmate visitation sessions, by providing the application, Agency makes no representation or warranty as to the legality of recording or monitoring such sessions. Further, County retains custody and ownership of all recordings; however County grants Agency a perpetual limited license to compile, store, and access recordings for purposes of (i) complying with the requests of officials at the Facility, (ii) disclosing information 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 visitation sessions with their attorneys or to recordings protected from disclosure by other applicable privileges. Amendment to contract Greater Than $25, Butte County General Services Department Rev Page 4 of 6

7 All other terms of this Contract shall remain in full force and effect and are hereby reaffirmed as originally stated or as previously amended by prior written amendment to this contract. COUNTY AGENCY Date Date Robert Pickens, Chief Operating Officer Securus Technologies, Inc. Contracts Division, GSD Date County Counsel Date Amendment to contract Greater Than $25, Butte County General Services Department Rev Page 5 of 6

8 . Attachment 1: Video Visitation Schedule If the Agreement is terminated for any reason before the end of the Initial Term, County will refund to Agency the prorated amount of the Video Visitation system expense. County shall pay any such refund within ten (10) days after any such termination, or at Agency s election, Agency may deduct the refund from any commission owed County Amendment to contract Greater Than $25, Butte County General Services Department Rev Page 6 of 6