R-39-11 Res Inmate Phone AgrmtResolution No.
A Resolution Approving Inmate Operator Service Subscriber Agreement
BE IT RESOLVED by the Village President and Board of Trustees of the Village of
Lemont as follows:
SECTION ONE: The Inmate Operator Service Subscriber Agreement between the
Village of Lemont and NCIC Inmate Telephone Services, attached as Exhibit A and incorporated
in its entirety, is hereby approved.
SECTION TWO: The Mayor and /or Village Administrator are authorized to execute
the Agreement, to make minor changes to the document prior to execution which do not
materially alter the Village's obligations, and to take any other steps necessary to carry out this
resolution.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS on this .2, day of Vwl/' , 2011.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer V
Paul Chialdikas V
Clifford Miklos V
Ron Stapleton V
Rick Sniegowski ✓
Jeanette Virgilio V
BRIAN K. REAVES
President
ATTEST:
CHARLENE M. §MOLLEN
Village Clerk
Approving NCIC Inmate Telephone Services Agreement (00098312)
Inmate Phone 'Service
Inmate Operator Service Subscriber Agreement
CONTRACT BETWEEN THE LEMONT ILLINOIS POLICE DEPARTMENT AND NCIC INMATE
TELEPHONE SERVICES, INC.
This NCIC, "hereinafter referred to as the provider" Inmate Telephone Services Subscriber Agreement
(the "Agreement ") is made this 21st day of April 20, 2011 by and between NCIC Inmate Telephone
Services, (NCIC), a Texas corporation, having its principal place of business at 606 E Magrill St.,
Longview, Texas 75606, and the ( "SUBSCRIBER ") considered "Facility" throughout the contract having
its principal place of business at:
Address: 14600 W. 127th St
City, State & Zip code: Lemont, IL 60439 -7419
Contact: Commander Gregory Smith
Phone Number: 630 -257 -2229
Fax Number: 630 - 257 -5087
Federal Tax ID or SS #:t5a
WITNESSETH
Email address: gsmith(a Iemont.il.us
Whereas, the Facility 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 Facility to provide inmate
telephone services; In consideration of the mutual benefits to be derived hereby, the Facility and the
Provider do hereby agree as follows:
I. CONTRACT TERM AND RENEWAL
(A). Contract Term
This Contract shall begin on the date on which it is signed by both parties, and shall end
three (3) years from the date of execution. In the event this Contract is signed by the
parties on different dates, the latter date shall control.
(B). Contract Renewal
The Facility has the option to renew this Contract for additional three (3) year periods
after the Contract period upon the same terms and conditions contained herein and at the
renewal prices indicated in Section III, Compensation. The Facility, if it chooses to
1
exercise its renewal options, will provide written notice to the Provider no later than ninety
(90) days prior to the Contract expiration date.
II. SCOPE OF SERVICE
(A). Services to be provided
The Provider shall provide a fully operational, local and long distance, secure and reliable
Inmate Telephone System (ITS). The ITS system shall be inclusive of 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 Facility's requirements set forth in Request for Proposal and /or Proposal.
(B). Rules and Regulations
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 Contract.
2. The Provider shall be responsible for compliance with all regulatory requirements
imposed by local, state and federal regulatory agencies for all ITS and related
services provided throughout the duration of the Contract.
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 Facility.
4. The Provider shall be responsible for complying with and updating the ITS for any
regulatory changes and requirements during the life of the Contract. These regulatory
changes include federal, state or local municipal modifications. These changes shall
be made within a time frame agreed to by the Facility's Local Contract Coordinator —
Operations and at no cost to the Facility.
(C). Provider's Responsibilities
The Provider shall provide the following at no cost to the Facility:
1. A comprehensive inmate telephone service that will allow for collect and prepaid calls
for local, interlata, intralata, intrastate, interstate and international calls and local
telephone exchange service;
2. A technology system, which includes, but is not limited to, system infrastructure,
network, database, servers, new call processors, digital and analog communications
circuits, telecommunications capabilities, monitoring, and other required system
functionality;
3. Installation of new telephone instruments (equipment) at all included facilities
including the required number of instruments 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. Creation of a centralized database which shall contain all data elements necessary
for provision of monitoring services, reporting and historical call transaction
information;
2
6. Provider personnel to include ITS System Administrator, Field Repair /Site
Technicians and Service Representatives to perform oversight, operational
assistance and maintenance and 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; and
9. Provision of all related support services not otherwise indicated herein.
(D). Installation Requirements
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 to the Facility. Any new cabling shall include wall plate,
cross connection, patch cords, etc. as required by the Facility. The Provider shall comply
with all applicable electrical codes. The Provider shall comply with the Facility's security
guidelines on institutional and facility security policies. Violations of these rules could
result in termination of the Contract. Prior to beginning work at an institution, the Provider
shall contact the institution to obtain a copy of any specific additional institutional or
facility rules. The Provider shall provide all coordination required with Local Exchange
Carriers ( "LEC ") and other carriers during installation and for the duration of the Contract.
The Provider shall provide and install required surge protection for the ITS and its
components. The use of traditional "power strips" for surge protection is not acceptable.
The Provider shall provide and install required lightning protection equipment on all
network services supplied for the ITS.
(E). Inmate Telephone System Functionality (General)
The Provider shall provide an Inmate Telephone Service (ITS) with a technology system
fully supported by an infrastructure which has the capability to provide specified services
such as secure and real -time monitoring of telephone calls meeting the Facility's system
security requirements. The inmate telephone system 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 Contract. The
system shall allow for the Facility to program times when the system will be operational,
i.e., available or unavailable for inmate calls. The system shall contain an automated
announcement function capable of processing calls on a selective bi- lingual basis:
English and Spanish. During the call set -up process, the system shall provide a pre-
recorded announcement identifying that the collect call is coming from a jail, stating rate
information and containing a toll free number for the consumer's use. This announcement
shall be heard by the answering party. The announcement shall also include the
statement: "All telephone calls will be recorded except attorney calls." The system shall
have the capability to be deactivated (shut down), by Facility or Provider staff, quickly and
selectively, at an individual facility, partial facility (single cell) or on a global basis and to
restrict all access. The system shall be capable of deactivating the PIN feature by
individual inmate telephone, groups of telephones and /or entire institutions, at the
Facility's option. Regardless of this deactivation, the system shall restrict inmate calls to
prepaid collect and normal collect calls. At no time shall the inmate telephones be
unrestricted due to the deactivation of the PIN feature. The system shall provide the
3
capability to flag any individual telephone number in the inmate's "Approved Number List"
as "Do Not Record ".
(F). Telephone Service Equipment Requirements
Throughout the term of the Contract, the Provider shall own all systems and equipment
(Monitoring /Recording Terminals, Inmate Telephone Stations, Coin - Operated Telephone
Stations, etc.) and shall conduct all maintenance, repairs, upgrades and replacement to
systems and equipment at no cost to the Facility.
(G). Equipment Service & Maintenance Requirements
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 Facility shall be free of defects, irregularities, code violations and shall operate as
designed and proposed or negotiated. Should the equipment not operate as designed
and proposed or negotiated, or violate any local, state or federal code, rule or ordinance,
the Provider shall correct the defect or irregularity or bring the service to within code, rule
or ordinance at no cost to the Facility including payment for any fines or penalties
associated therewith. 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 (within a 24 hour period of notification to the Provider) to return the
system to normal operating status. In the event of extraordinary obstacles to service for
which the Provider exceeds the time -to- service requirement, notification and a detailed
plan of service shall be immediately provided to the Facility by the Provider.
III. COMPENSATION
(A) Rates (Collect Calls Only)
Local: $3.95 + .50 per minute
Intralata: $3.95 + .50 per minute
Interlata: $3.95 + .50 per minute
Interstate: $4.95 + .69 per minute
INTERNATIONAL CALL RATES PER MINUTE:
Rates per Minute for International Calls (Collect and Prepaid) shall not exceed $1.29 per
minute with a connect fee of $4.99.
Charges for calls shall include only the time from the point at which the called party
accepts the call and shall end when either party returns to an on -hook condition or until
either party attempts a hook flash. There shall be no charges to the called party for any
setup time for either collect or prepaid calls.
The Provider shall pay to the Facility each month a twenty five (25 %) commission of
gross revenues received from this contract. The Provider shall be responsible for
collections and fraud, and shall not make any deductions from gross revenue for
uncollectible accounts, billing fees or other administrative costs prior to applying the
commission percentage. Notwithstanding the above, gross revenues shall not include
taxes charged by an appropriate governmental entity. The monthly commission amount is
therefore obtained by multiplying the commission percentage times each month's total
charges.
4
VI. TERMINATION
(A). Termination
The Facility may, by written notice to the Provider, terminate this Contract upon thirty (30)
day notice. 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
The Provider shall be liable, and agrees to be liable for, and shall indemnify, defend,
and hold the Facility, its employees, agents, officers, heirs, and assignees harmless from
any and all claims, suits, judgments, or damages including court costs and attorney's
fees arising out of intentional acts, negligence, or omissions by the Provider, or its
employees or agents, in the course of the operations of this Contract.
(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 Contract.
(D). Assignment
The Provider shall not assign its responsibilities or interests under this Contract to
another party without prior written approval of the Facility's Contract Manager.
(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). Conflict of Interest
The Provider shall not compensate in any manner, directly or indirectly, any officer, agent
or employee of the Facility for any act or service that he /she may do, or perform for, or on
behalf of, any officer, agent, or employee of the Provider. No officer, agent, or employee
of the Facility shall have any interest, directly or indirectly, in any contract or purchase
made, or authorized to be made, by anyone for, or on behalf of, the Facility.
(H). Governing Law and Venue
This Contract is executed and entered into in the State of Illinois, and shall be construed,
perform and enforced in all respects in accordance with the laws, rules and regulations of
the State of Illinois. Any action hereon or in connection herewith shall be brought in Cook
County, Illinois.
5
(I). No Third Party Beneficiaries
Except as otherwise expressly provided herein, neither this Contract, 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.
(J). Exclusivity
During the term of this contract, SUBCRIBER agrees to grant Provider exclusive rights to
install and maintain an Inmate Telecommunications System for facilities owned, operated
or governed by SUBSCRIBER.
NCIC: CUST ER:
Signature
Print Name
Date
6
Print Name
X013 -1/
Date