HomeMy WebLinkAbout06 - CC-7 - Legacy Pay Telephone Agreement - 8/7/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: AUGUST 7, 2012 ITEM NUMBER:
SUBJECT: INMATE PAY TELEPHONE MASTER SERVICE AGREEMENT BETWEEN CITY AND
LEGACY INMATE COMMUNICATIONS
DATE: JUNE 26, 2012
FROM: POLICE DEPARTMENT- JAIL OPERATIONS DIVISION
PRESENTATION BY: JOYCE LA POINTE, JAIL SERGEANT
FOR FURTHER INFORMATION CONTACT: JOYCE LA POINTE
(714)754-5663
RECOMMENDED ACTION:
Approve the five-year agreement with Legacy Inmate Communications to provide an
inmate telephone system in the Jail at a 55% commission rate.
BACKGROUND:
Pursuant to TITLE 15 -CRIME PREVENTION AND CORRECTIONS DIVISION 1,
CHAPTER 1, SUBCHAPTER 4, SECTION 1067, "Facility [Jail] administrator shall develop
written policies and procedures which allow reasonable access to a telephone beyond
those telephone calls which are required by Section 851.5 of the Penal Code."
Telephones located in the individual cells allow inmates to communicate with family
members, legal representation, etc., without overburdening Jail staff members, and the
telephones adhere to the above referenced Title 15 regulations.
Additionally, California law allows private companies to install and maintain telephone
systems in the jail facilities. Companies offering this service normally pay a commission to
the user facility. Commission monies are deposited into an Inmate Welfare Fund. The
proceeds and interests that accumulate in the Fund may be used for expenses that benefit
the inmates. Any monies that are not needed for inmate welfare may be expended for City
Jail maintenance, pursuant to CPC section 4025(e).
Since January of 2000, the City Jail has been under contractual obligation with, and
utilizing the equipment and services of, Evercom Systems, Inc.
In January of 2012, negotiations began with Evercom Systems, Inc., to renegotiate their
contract renewal and continuation of their services. During the course of the negotiation
process, Evercom informed the City that the City's inmate telephone usage had
significantly declined over the last several years to a point that the monies generated
scarcely covered the maintenance. Due to this decline, Evercom Systems, Inc.
renegotiated their contract with the City in March of 2010. Commissions were negotiated
from 40% to 0% with the promise to increase when phone service usage increased. The
City approved a one-year renewal at the end of March 2011.
This evaluation period ended and it was maintained with the current mutually agreed upon
month to month contract resulting in 0% commissions for the City Jail.
ANALYSIS:
The City Jail utilizes the services of Evercom Systems, Inc., which is becoming antiquated
and recently almost severally compromised a homicide investigation due to improper
documentation of phone calls in the Jail. Evercom Systems, Inc. maintains that the
monies generated from current inmate phone usage are not enough to maintain the costs
of their phone service and refuse to renegotiated commission percentage. Evercom
Systems Inc. was contacted and asked to provide an accounting of their cost for the
operation of their system. They declined to provide that information. Since that time, other
vendors were interviewed and Legacy Inmate Communications was identified as a leader.
Legacy provides a Web Based phone system that benefits the City Jail with increased
commissions and benefits the Costa Mesa Police Departments Investigation Unit with
better inmate phone call access.
Legacy will provide all equipment and install at no cost to the City. Legacy agrees to pay
the Costa Mesa Police Department Jail Facility 55% commission.
Last year, the Jail Facility phones had 323 minutes of use with a total revenue of
$2,154.53. The City received 0% of the revenue. If the City approves service with
Legacy Inmate Communications and have a comparable phone usage to last year, they
would receive $1,184.99 in commissions at the 55% rate from Legacy.
ALTERNATIVES CONSIDERED:
Deny request to change Inmate Phone service provider to Legacy Inmate
Communications at 55% commission return and continue month-to-month service contract
with Evercom Systems at 0% commissions.
FISCAL REVIEW:
There is no cost to the City of Costa Mesa for the change over. At a comparable inmate
phone usage, the Inmate Welfare fund will be receiving approximately $1,184.99 per
year, compared to the 0% commissions we are receiving now.
LEGAL REVIEW:
The City Attorney's Office has reviewed the Grant Agreement and associated
documents and has approved it as to form and content.
CONCLUSION:
Evercom Services, Inc. has provided the City of Costa Mesa Police Department Jail with
a well functioning inmate phone service for several years, but it has become outdated
technology. The new updated web based technology Legacy has to offer will provide
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inmates with phone access, assist Costa Mesa Police investigators and bring in 55% of
inmate phone revenues to assist with inmate welfare costs.
V' v�
JOYCE LAPOINTE
Jail Sergeant
BOBBY Y N
Finance Director
DISTRIBUTION: CEO
City Attorney
Finance Director
City Clerk
ATTACHMENTS: 1 Legacy Inmate
Contract
aw-
TOM GAZSI
Chief of Police
/A Ir
TOM UA
City Attorney
Communications
ATTACHMENTI
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Inmate Telephone System Agreement
This Agreement is made this the6t� day of ° 2012, by and
between Legacy Inmate Communications a dba of Legacy Long Distance International,
Inc. ("Legacy' or "the Company") with principal offices at 10833 Valley View Street -
Suite 150, Cypress, CA, 90630 and the City of Costa Mesa ("City"). With -the Costa
Mesa Police Department located at 99 Fair Drive, Costa Mesa CA, 92626.
RECITALS
WHEREAS, Legacy will install and maintain the Inmate Communications Management
System — ICON . ICON'" is a complete turnkey Inmate Calling Network with
Investigative, 4echnlcal, and administrative communication features; and
WHEREAS, Legacy will provide and maintain for the life of this Agreement new Inmate
telephones to be installed at the Costa Mesa Police Department; and
WHEREAS, the Company is in the business of providing various Inmate communication
services, operator assisted telecommunication services; and
WHEREAS, the Costa Mesa Police Department operates and/or manages a correctional
facility/detention center; and
WHEREAS, the City desires to enter Into this Agreement in order to permit
Inmates/Detainees the use of company Installed telephones to place collect, collect pre-
paid, and/or Debit calls via Legacy's services; now
THEREFORE, in consideration of the premises and of the mutual covenants and
agreements contained herein, the parties do hereby contract and agree as follows:
1. SERVICES PROVIDED BY LEGACY
1.1 Services
(a) Collect Calls. To the extent consistent with applicable federal and state laws,
rules and regulations, Legacy agrees to provide, and the City hereby agrees
to accept the provision of operator services with automated assistance for the
Costa Mesa Police Department. Each operator service call originating from
the telephones and placed through the Company may be charged "collect" to
pre -approved destinations. Legacy will validate each call through the national
Line Information ,Database (LIDB) and will only process "collect" calls to
destination points that do not have registered blocks. Calls shall only be billed
upon "acceptance" by the destined party. Legacy shall notify each called
destination that the call is coming from the Costa Mesa Police Department,
announce the name of the °caller/Inmate°, provide an option to access rate
Information, and allow for acceptance or denial of the call.
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ATTACHMENT
(b) Pre -Paid "Collect" Service. Legacy agrees to provide pre -paid collect service
as needed, The Company will provide a toll-free access number for friends
and family to call to set up prepaid 'collect" service accounts. The Company
shall also provide access to an lntemet-based website where prepaid
services can be ordered. Legacy shall also provide Its "Friends and Family°
program.
(c) Debit Card/Cardless Debit. Legacy agrees to provide Debit Card and/or
Cardless Debit services as required under this Agreement.
(d) Inmate Phones. The Company agrees to provide the inmate phones for the
entire period of this agreement. , Including adding additional phones as
needed and requested by the Costa Mesa Police Department.
(e) Communications Management System (ICON'"?. The Company agrees to
provide access to Its Inmate communications management system - ICON".
ICON" shall provide the Costa Mesa Police Department with the ability to
record and store all Inmate calls, live monitor Inmate calls, detail reporting of
call • traffic, and all other options and services offered in the Company's
proposal for Inmate Telephone Services.
2. COMPENSATION
2,1 Commissions. The Company agrees to pay the Costa Mesa Police Department
Fifty Five percent (55%) of all billed and collected automated "collect" operator
service traffic and prepaid "collect" service.
2.2 Payment. The Company shall remit all due commissions to the Costa Mesa
Police Department thirty (30) days after the end of each calendar month (EOM).
2.3 Payment Calculation. dross billable revenue is calculated as the sum of minutes
and charges. Commission due the Costa Mesa Police Department shall be
calculated as the product of the total gross billable revenue multiplied by the
contracted percentage allowance.
3. INSURANCE
3,1 Minimum Scope and Limits of Insurance. Legacy shall obtain and maintain
during the life of this Agreement all of the following Insurance coverages;
A. Comprehensive general liability, including premises -operations,
producta/completed operations, broad form property damage, blanket contractual
liability, Independent contractors, personal Injury with a policy limit of not less
then One Million Dollars ($1,000,000.00), combined single limits, per occurrence
and aggregate,
B. Automobile liability for owned vehicles, hired, and non -owned vehicles, with a
policy limit of not less than One Million Dollars ($1,000,000,00), combined single
limits, per occurrence and aggregate.
C. Workers' compensation insurance as required by the State of California.
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ATTACHMENT I
D. Professional errors and omissions ("E&O") liability Insurance with policy limits
of not less than One Million Dollars ($1,000,000.00), combined single limits, per
occurrence and aggregate. Legacy shall obtain and maintain, said E&O liability
insurance during the life of this Agreement and for three years after completion of
the work hereunder.
3.2 Endorsements. The comprehensive general liability Insurance policy shall
contain or be endorsed to contain the following provisions:
A. Additional insureds: "The City of Costa Mesa and Its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this subject project and contract with City."
B. Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice Is given to the City of
Costa Mesa"
0. Other insurance: "Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the Insurance provided by this
policy."
3.3 Certificates of Insurance; Legacy shall provide to City certificates of Insurance
showing the insurance coverages and required endorsements described above,
In a form and content approved by City, prior to performing any services under
this Agreement.
3.4 Non -limiting; Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which
Legacy may be held responsible for payments of damages to persons or
property,
4. COMPLIANCE WITH LAW
4.1 Compliance with Law, Legacy shall comply with all laws, rules and regulations
affecting Its obligations In conjunction with the provision of the including, without
limlfation, those relating to provision of Information to End Users regarding
operator services,
a, TERMINATION, DEFAULT, AND CANCELLATION
5.1 Term of the Aqreement, The term of this Agreement shall commence on the date
of the establishment of services at the Costa Mesa Police Department and shall
remain in effect for a period of Five (6) years.
6.2 Renewal Options, Upon completion of the Five (6) year term, the City, at Its own
discretion, may exercise an option to renew the terms of this agreement, for an
additional three (3) one (1) year terms. The City will provide Legacy with sixty
(60).day notice of its Intent to renew the Agreement. All terms and conditions
shall remain in effect during the subsequent renewal periods.
5.3 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
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ATTACHMENT I
defaulting party fails to cure Its default within thirty (30) days after receipt of the
notice of default, then the non -defaulting 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 forgoing, 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.
6. MISCELLANEOUS
6.1Indemnification. Legacy shall protect, defend, Indemnify and hold harmless the
City and its. elected and appointed officials, officers, and employees from any and
all claims, liabilities, expenses, Including attorney fees, damage to property or
injuries to or death of any person or persons or damages of any nature Including,
but not by way of limitation, all civil claims or workers' compensation claims
arising out of or In any way connected with the intentional or negligent acts, error
or omissions of Legacy, Its, employees, agents or subcontractors in the
performance of this Agreement.
6.2 Attorneys' Pees. In the event that litigation is brought by any party In connection
with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees,
Incurred by the prevailing party in the exercise of any of Its rights or remedies
hereunder or the enforcement of any of the terms, conditions, or provisions
hereof.
6.3 Governino Law. This Agreement shall be construed under and in accordance
with the laws of the State of California and shall be deemed performable In the
City of Costa Mesa, In the event of any legal action to enforce or Interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a
court of competent jurisdiction located in Orange County, California.
6,4 Assignment, Notwithstanding the foregoing, neither the City nor Legacy may
assign their rights and obligations under this Agreement without the prior written
consent of the other, which consent shall not be unreasonably withheld.
6,6 Enforceability. The Invalidity or enforceability of any provision of this Agreement
shall not affect the validity or enforceability of any other provisions hereof.
6.6 Notice. Notice shall be deemed to have been received upon receipt of a
postage -prepaid letter or telephone facsimile transmission at the addresses set
forth in the next sentence, unless otherwise changed by written notice from time
to time. Notice to the Company shall be sent to Legacy Inmate Communications,
10833 Valley View Street - Suite 160, Cypress CA 90630. Attention: Contract
Administrator, facsimile: 800.700-1116.
Notice to the City shall be sent to;
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ATTACHMENT I
6.7 Regulatory Rg)guirements. This Agreement shall be construed in accordance with
applicable state and federal laws, rules and regulations, In the event those
regulatory or legal requirements are in any manner Inconsistent with or require
modification to the terms of this Agreement subsequent to the date of execution
hereof, no written amendment or variation executed by both parties shall be
necessary. Rather, any such amendment or variation shall be effective upon
mailing of written notice by the Company via first-class, postage -prepaid mail or
telephone facsimile transmission of written notice to the City.
6,8 Confidentiality, Legacy and the City agree to hold confidential all information
shared that may be marked or indicated by the other. The City understands that
Legacy's Inmate communications operating system, ICON", is proprietary and
access to and all Information about the system are to be considered confidential
unless disclosure is required by state or federal law. Access to the system cannot
be granted to any non -designated facility personnel. Should the City contract with
a Vendor in the future to replace Legacy, the City will Insure that the iCON�
system is not viewed or accessed by the Vendor,
6.9 Entire Agreement, This Agreement, together with its exhibits and schedules,
constitutes the entire Agreement between the parties with respect to any matter
referenced herein and supersedes any and all other prior writings and oral
negotiations. This Agreement may be modified only in writing, and signed by the
parties in interest at the time of such modification. The terms of this Agreement
shall prevail over any inconsistent provision in any other contract document
appurtenant hereto, including exhibits to this Agreement.
6.10 Service Proposal for Inmate Telephone Service, It is agreed by both parties that
Legacy's proposal to the City for Inmate Telephone Service shall serve as an
addendum to this Agreement. All services, conditions, and terms set forth In
Legacy's proposal shall be considered part of this Agreement. Where any term
or provision of the proposal conflicts with any term or provision of this
Agreement, this Agreement will govern,
6.11 Counterparts, This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed
together and shall constitute one agreement.
6,12 Corporate Authority, The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of sold parties and that by doing so, the parties hereto are formally bound
to the provisions of this Agreement,
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ATTACHMENT
In Witness Hereof, the Company and the City have executed this Agreement on ths.�a
day of . Ly..e, 2012.
The Individuals signing below warrant that they have the authority to sign for and on
behalf of the respective parties.
Legacy Inmate Communications City of Costa Mesa
(Um�_._--�
Signature Signature
Curtis A. Brown. president
Name/Title (Please Print)
5iu� fn
Date ,
Page 6 of 8
Name/TI11e (Please Print)
Date
Profile Setup Form
Please complete this form in Its entirely
Date: 4/5/2012
Facility Physical Address: 88 Fair Drive
Facility Mailing Address: Same
City: Costa Mesa
Facility type: Police Department
State: Ca Zip: 02628
Contract Type; New
Title: Jail Administrator
Phone: (714) 70.5663 Fax: (714) 7458663 Coll: ( )
Email: JLAPOINTE@oostamesaca.gov
Lguinment
Inmate Phones: 8
Visitation Phones: 0
TTY/rDD Phones:0
Rollaway phones: 0
Phone enclosures; 0
Call detection unit; 0
Cordless phones: 0
Workstation; 0
Monitor: 0
Printer: 0
Backup power Supply; I
Payphonea:0
ATTACHMENT
Model: OTC -2110v SS
Model: Click here to select model
Model: Click here to eeteot model
Record / Monitor Inmate calls: Yes Record / Monitor visitatlon phones: Select option
J.M.81 O.M.S. Integration: Yes Klosk Integration: Select option
Current vendor J.M.S/O.M.S:City OwnesJMS Current vendorKlosk:
PIN required for ITS:Selsot option PIN required for debit card calling: Select option
AccuPin: Select option Location Based Services: Select option
Pa trent
options:
Wire transfer: No UPS overnight: Select option Regular mall: Yes
Mottling address:
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