HomeMy WebLinkAboutCC AG PKT 2008-01-14 #R
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AGENDA REPORT
DATE: January 14, 2008
TO: Honorable Mayor and City Council
THRU: DaVId Carmany, City Manager
FROM: Jeff Kirkpatrick, Cluef of Police
SUBJECT: SEAL BEACH JAIL INMATE, TELEPHONE SERVICE
AGREEMENT: SECURUS TECHNOLOGIES
SUMMARY OF REQUEST:
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At their meeting of September 23,2007, Councll approved the opening and operation of
the City Jail. Subsequently, the City Councll approved the budget amendment for Fiscal
Year 2007-2009 for operat:J.on of the city Jail, which mcluded telephone sel"Vlces. Federal
and state laws and codes require that telephone serVIce is aVailable to inmates and
arrestees. Securus TeChnologies is a company that provides telephone services to Jails
and IS qualified to proVide the sernces as delineated in the contract.
Staff IS requesting Council approval to sign the Master Services Agreement between the
City and Provider. The City Attorney has reviewed the agreement and approved it as to
form.
BACKGROUND:
Following non-renewal of the City's contract with Correctional Systems Inc. to provide
jail services, Requests for Proposals were solicited from alternate prospective Jail
operators. No sat:J.sfactory submissions were received. The Police Department submitted
Jail alternatives and budget to Councll, which they approved. In preparation to open a
full sernce Jail, the Police Department selected Securus Technologies to prOVIde
telephone services to Jail mmates. To ensure that the City and ProVIder are in mutual
agreement, the City Attorney-approved telephone Master Services Agreement now comes
before the Ctty Council.
The Support Services Division staff of the police department contacted three companies
that provided telephone services. Of the three responses, the police department selected
the Provider based on the services provided, recommendations by other law enforcement
agencies and, Importantly, the low cost ofplacmg calls.
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Agenda Item IE'
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FISCAL IMPACT:
Securus Technologies would be paid from telephone revenue as delineated in the
contract. The Provider would be responsible to collect the revenue generated by the users.
The fiscal impact wIll be nil.
RECOMMENDATION:
Staff requests that the City Council authorize the City Manager to sign the telephone
Services Contract between the City and Provider who would provide the City with
telephone servi s as delineated
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NOTED AND APPROVED:
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~
David cannany,lity Manager
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH AUTHORIZING THE CITY MANAGER TO SIGN
SEAL BEACH TELEPHONE MASTER SERVICE AGREEMENT
WIm SECURUS TECHNOLOGIES (PROVIDER)
The Ctty CounCIl of the CIty of Seal Beach hereby resolves as follows:
SECTION 1 The CIty Counct! hClCby approves of the Seal Beach telephone
Master ServIce Agreement allowmg Securus TechnologteS to provIde the city with
telephone servIces for the CIty's Jail operal1ons as debneated in the agreement, and
authorizes the Ctty Manager to sign necessary agreement WIth Provider.
SECTION 2. The CIty Clerk shall Certlfy to the passage and adopbon of th.s
resolunon.
PASSED, APPROVED, AND ADOPTED by the CIty Counctl of the Ctty of Seal
Beach on the 14th day of Januarv .2008 by the followmg vote:
AYES: Council Members
NOES. CouncIl Members
ABSENT: Counct! Members
ABSTAJN' Counell Members
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Mayor
ATfEST:
CIty Clerk
STATEOFCALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, unda Devme, Ctty Clerk of Seal Beach, Cabforma, do hClCby cerbfy that the
foregomg resolubOn IS the ongmal copy of Resolul1on Number _on file m the office
of the C.ty Clerk, passed, approved, and adopted by the City Counell of the C.ty of Seal
Beach, at a regular meebng thereof held on the 14th day of January. 2008.
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Ctty Clerk
K> SECURUS.
TECHNOUlGIES
Master Services Agreement
City of Seal Beach (CA)
This Master Services Agreement (this "Agreemenl"} IS by and between City of Seal Beach, California ("Custome!") and
Evercom Systems, Inc , a Delaware corporallon and a SECURUS TechnologIes, Inc. company, ("We," "us," or "Pl'OVIder").
This Agreement shall be effective as of the date signed by Customer proVIded the agreement IS received by Provider WIthin
ten (10) days thereof (the "EffectIve Date"}.
1. Aoollcatlons. ThiS Agreement specifies the general terms and conditions under whIch we will perform certaIn Inmate-
related services and applications (the "Appllcatlon(s)j for you. Addrtlonal terms and condlllons wrth respect to the
Applications WIll be speCified In the schedules entered Into by the partIes and attached hereto (the "Schedules"). The
Schedules are Incorporated Into thiS Agreement and are subject to the terms and condrtlons of thiS Agreement. In the event
of any conflict between thIS Agreement and a Schedule, the terms of the Schedule shall govern. In the event of any conflict
between any two Schedules for a parncular ApplicatIon, the latest In lime shall govern.
2. Use of Aoollcatlons. You grant us the riaht and license to Install, maintain, and derive revenue from the Applications
through our Inmate systems (Including, WIthout IImltallon, the related hardware and software) (the "Systemj located In and
around the Inmate confinement faCIlities Identrtled on the Schedules (the "Facllllies") You are responsIble for the manner In
whIch you use the Applications. Unless expressly permItted by a Schedule or separate wnllen agreement WIth us, you WIll
not resell the Applications or proVIde access to the Applications (other than as expressly provided In a partICular Schedule),
directly or IndIrectly, to third parties Dunng the term of thiS Agreement and subJect to the remaIning terms and condrtlons of
thiS Agreement, PrOVider shall be the sole and exclUSive provider of Inmate related communications, including but not IImrted
to VOice, Video and data (phone calls, VIdeo O9lls, messaging, and e-mail) at the Facllrtles In lieu of any other thIrd party
proVIding such Inmate commUniCations, including Without limItation, Custome(s employees, agents or subcontractors
3 Comoensatlon Compensation for each Appllcallon, rt any, and the applicable payment addresses are as stated in the
Schedules
4 Term The obllgallons of the parties under thiS Agreement arll effectIve as of the Effecbve Date but the "Term" of thiS
Agreement shall commence sixty (60) days thereafter [to allow for a reasonable InstallatIon penod] and WIll conllnue for five
(5) years thereafter Notwithstanding anything to the contrary, the terms and condlllons of thIS Agreement shall continue to
apply to each Schedule for so long as we continue to provide the Appllcallon to you after the expiration or eariler terminatIon
of thiS Agreement
5 Service Level Aoreement and Limited Remedv We are commll1ed to prOVIding you with reliable, hIgh qualIty
Applications, and we offer certain assurances about the quality of our Appllcallons (the "Service Level Agreemenl") The
SeMce Level Agreement for each Application IS as set forth In the applicable Schedule THE SERVICE LEVEL
AGREEMENT IS THE SOLE AND EXCLUSIVE REMEDY FOR FAILURE OR DEFECT OF AN APPLICATION. WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE, AND NON INFRINGEMENT
6 Software license. We grant you a personal, non-exclUSive, nan-transferable license (without the right to sublicense) to
access and use certain propnetery computer software products and matenals In connecllon With the Applications (the
"Software'1 The Software Includes any upgrades, modIfications, updates, and addItions to eXIsting features that we
Implement In our discretion (the "Updates'1. Updates do not Include addillonal features and SignifICant enhancements to
eXisting features Your nghts to use any thIrd-party software product that we proVide shall be limited by the terms of the
underlYing license that we olltalned for such product. The Software IS to be used solely for your Internal bUSiness purposes
In connectIon with the ApplicatIons at the Facllrtles You Will not (I) permit any parent, SubSIdiary, affiliated entity, or th,re
party to use the Software, (i1) assign, sublicense, lease, encumber, or othelWlse transfer or attempt to transfer the Software
or any portion thereof, (III) process or permrt to be processed any data of any ather 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 we 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 prohlbrted by the export laws of the Unlled States. We are not
liable WIth regard to any Software that you use In a prohibited manner
7 Ownershlo and Use The System, the Applications, and related records, data, and information shall at all times remain
our sole and exclUSive property unless prohibited by law, In which event, we shall have the unllmrted nght to use such
records, data, and Informabon for investigative and law enforcement purposes. However, during the term of thIS Agreement
and for a reasonable period of lime thereafter, we WIll proVIde you WIth reasonable access to the records We (or our
licensors, rt any) have and WIll retain all nght, IIlle, Interest, and ownershIp In and to (I) the Software and any copIes, custom
verSions, modfficatlons, or updates of the Software, (II) all related dacumentallon, and (III} any trade secrets, know-how,
methodologies, and processes related to our Applications, the System, and our ather products and services (the "Materials").
The Matenals constitute propnetary Information and trade secrets of ProVider and its licensors, whether or not any pornon
thereof IS or may be the subject of a valid copynght or patent
8. LeaalltvlLlmlted LIcense Aoreemen!. For services related to Appllcallons which may allow you to mOnitor and record
Inmate or other administrative telephone calls, or transmrt or rllcelve Inmate electronic messages ("e-mallj; by proVidIng the
Application, we make .!!!l representatIon or warranty as to the legality of recording or monrtonng Inmate or admlnlstrallve
telephone calls or transmitting or receiving Inmate e-mail messages. Further, you retain custody and ownership of all
recordings, and Inmate e-mail messages; however you grant us a perpetual limited license to compile, stare, and access
Master Servlcss Agreement - Page 1 of 7
o SECURUS Technologies, Inc. - Propnetsry & Confidential - Fonn 7 07
recordings or Inmate calls and access Inmate e-mad messages for purposes of (I} complYing WIth the requests of officials at
the Facility, (II) dIsclOSIng Information to requesllng law enforcement and correctional offiCIals as they may require for
InvestIgative, penological or public safety purposes, (III) performing billing and collecbon functions, or (IV) malntBJnlng
eqUipment and quality control purposes. ThiS IlCBnse does not apply to recordings of Inmate cails or e-mail messages with
their attomllYs or to recordings or e-mail messages protected from disclosure by ather applicable privdegas.
9 Confidentlalltv. The System, ApplicatIons, and related call records and Information (the "Confidential Information") shall
at all tImes remain confidentIal to ProVIder. You agree that you WIll not dlsclosa such ConfidentIal Information to any third
party without our pnor wntten consent. Because you WIll be able to access confidential Information of third parnes that IS
protected by certaIn federal and state pnvacy laws through the Software and ApplicatIOns, you shall only access the
Software With computer systems that have effective firewall and antI-VIrUS protection.
10. Indemnification. To the fullest extent allowed by applicable law but subJect to the limitations In this Agreemant, each
party (the "Indemnrtylng Party") will, and does hereby agree to, defend, Indemnify and hold harmless the other palty (the
"Indemnrtled Party") from and against any loss, cost, claim, liability, damage, and expense (IncludIng, WIthout limitatIon,
reasonable attorney's fees and expenses) brought or claimed by thIrd partIes or by the Indemnlfled Party (collechvely,
"Clalmsj anslng aut of (I) a breach of either party's representations, warranties and/or covenants contained herein or (II) the
gross negligence or willful misconduct of, or Intellectual property Infnngement or alleged Intellectual property Infnngement
by, the Indemnifying Party and/or Its employees, agents, or contractors In the performance of thiS Agreement. The
Indemnified Party shall notify the Indemnrtylng Party.promptiy In wnbng of any Claims for which the Indemnified Party alleges
that the Indemnifying Party IS responsible under thIS section and the Indemnifying Party shall hereupon tender the defense of
such Claims to the Indemnrtylng Party The Indemnified Party shall cooperate In every reasonable manner with the defense
or settlement of such Claims at the Indemnifying Party's expense. The Indemnifying Party shall not be liable under thIS
section for selllements of Claims fInalized solely by the Indemnified Party unless the Indemnrtying Party has approved such
settlement In advance or unless the defense of such ClaIms has been tendered to the Indemnrtylng Party In wntlng and the
Indemnifying Party has failed to promptly undertake the defense
11 Insurance. We maintain comprehensive general liability Insurance having limits of not less than $2,000,000.00 In the
aggregate. You agree to proVIde us WIth reasonable and timely wrll1en nobce of any claim, demand, or cause of action
made or brought against you anslng out of or related to the utlllzahon of the ApplicatIons and the System. We have the right
to defend any such claim, demand, or cause of actIon at our sale cost and expense and wrthln our sale and exclUSIve
discretion You agree not to compromise or settle any claim or cause of actIon anslng out of or related to the utlllzahon of
the ApplicatIons or System without our prtor wntten consent, and you are reqUired to assist us with our defense of any such
claim, demand, or cause of actIon.
12 Default and TerminatIon. If erther party defeults 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 wrth speCificity the nature of the
default If the defaulting party falls to cure Its default wrthln 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 wntten notice and pursue all other
remedies avaIlable to the non-defaulting party, either at law or In eqUity. Notwithstanding the foregoing, the thIrty (30) day
cure penod shall be extended to ninety (90) days If the default Is not reasonably SUscllptlble to cure Within such thirty (30)
day period, but only rt the defaulting party has begun to cure the default dunng the thIrty (30) day period and dIligently
pursues the cure of such default Notwithstanding the foregOing, If you breach your obligations In the sectIon entrtled
"Software License" or the section enbtled "Confidentiality", then we shall have the right to terminate thiS Agreement
Immediately
13 LimitatIon of lIabllitv NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER
PARTY SHALL HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS
OF PROFITS OR INCOME, LOST OR CORRUPTED DATA, OR LOSS OF USE OR OTHER BENEFITS, HOWSOEVER
CAUSED AND EVEN IF DUE TO THE PARTY'S NEGLIGENCE, BREACH OF CONTRACT, OR OTHER FAULT, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OUR AGGREGATE LIABILITY TO
YOU RELATING TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE,
SHALL NOT EXCEED THE AMOUNT WE PAID YOU DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE
THE CLAIM AROSE.
14 Uncontrollable Circumstance. We reserve the right to renegotiate or terminate thIS Agreement upon sixty (60) days
advance written notIce rt circumstances other than those under our control related to the Facilities (Including, wrthout
limItation, changes In rates, regulations, or operations mandated by law; matenal reduction In Inmate populahon or capacIty;
matenal changes In jail policy or economiC condlllons; acts of God; acbons you take far secunly reasons (such as lock-
downs)) negatIvely Impact our bUSiness, however, we shall not unreasonably exercise such nght. Further, Customer
acknowledges that Provlde(s proviSIon of the seMces IS subJect to certain federal, statll or local regulatory requirements and
restnctlons which are subJect to change from tlme-to-lIme and nothing contained hereIn to the contrary shall restnct ProVIder
from takIng any steps necessary to perform In compliance therewith.
15. Inlunctlve Relief. Bath parties agree that a breach of any of the obligations set forth In the sections entitled "Software
License," "Ownership and Use," and "Confldenllallty" would Irreparably damage and creatll undue hardships for the other
party Therefore, the non-breaching party shall be entrtled to Immediate court ordered inJunctlV9 rellllf to stop any apparent
breach of such sectIons, such remedy being In additIon to any other remedIes available to such non-breaching party.
16 Force Majeure. Either party may be excused from performance under thiS Agreement to the extent that performance IS
prevented by any act of Gad, war, CIVIl disturbance, terronsm, stnkes, supply or market, failure of a thIrd party's performance,
Msster Services Agreement - Page 2 of 7
o SECURUS Technologies, 100 - Proprietary & ConfidentJa/ - Fonn 7.m
failure, f1uctuallon or non-availability of electncal power, heat, lIght, aIr conditIOning or teJecommunlcsllons eqUIpment, other
eqUIpment faIlure or sImilar event bayond rts reasonable control; proVIded, however that the affected party shall use
reasonable efforts to remove such causes of non-performance.
17 Notices Any notice or demand made by eIther party under the terms of thIS Agreement or under any statute shall be In
wntlng and shall be gIven by personal delivery, regIstered or certrtled U.S. mall, postage prepaId; or commercial couner
delivery seMce, to the address below the party's signature below, or to such ather address as a party may designate by
wntten notice In compliance WIth thiS sectIon. Notices shall be deemed delivered as follows: personal delivery - upon
rec91pt, U S. mall - five days after depOSit; and couner - when delivered as shown by couner records.
18. Miscellaneous ThiS Agreement shall be governed by and construed In accordance With the laws of the State of Texas.
No waiver by either party of any event of defauR under this Agreement shall operate as a waiver of any subsequant defauR
under the terms of thIS Agreement If any proVIsion of thiS Agreement IS held to be Invalid or unenforcaable, the valIdity or
enforcaablllty of the ather proVISions shall remain unaffected ThiS Agreement shall be binding upon and Inure to the benefrt
of ProVIder and Customer and their respective successors and permitted assigns. Except for assIgnments to our affIliates or
to any entity that succeeds to our bUSiness In connection With a merger or acqUIsition, neither party may assign thiS
Agreement Without the pnor wntten consent of the other party Each signatary to this Agreement warrants and represents
that he or she has the unrestncted right and requisite authority to enter Into and execu1e thIS Agreement, to bInd his or her
respective party, and to authonze the InstallatIon and operallon of the System Provider and Customer each shall comply, at
its awn expense, WIth all applicable laws and regulations In the performance of theIr respective obligations under thIS
Agreement and othelWlse In their operations. NothIng In thIS Agreement shall be deemed or construed by the partIes or any
other entity to create an agency, partnership, or Joint venture between Customer and Pl'OVIder. This Agreement cannot be
modrtled orally and can only be modified by a written Instrument signed by all parties The parties' rights and abllgallons,
which by their nature would extend beyond the termination, cancellation, or expiration of thiS Agreement, shall survIVe such
terrnlnallon, cancellallon, or expiration (including, Without limItation, any payment obligations for services or eqUIpment
receIved pnor to such termination, cancellation, or expiration) ThIs Agreement may be executed In counterparts, each of
which shall be fully effectIve as an onglnal, and all of which together shall consbtute one and the same Instrument ThIS
Agreement, together wrth the exhibits and Schedules, consbtutes the entire agreement of the parties regardIng the subJect
matter set forth herein and supersedes any pnor or contemporaneous oral or wnllen agreements or guarantees regarding
the subject matter set forth herein
EXECUTED as of the Effective Date.
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Master Services Agreement - Page 3 of 7
C SECURUS Technologies, Inc. . Propnetary & Confldentlal- Fonn 7 07
[I::> SECURUS.
TECHNOLOGIES
Schedule
City of Seal Beach (CA)
This Schedule IS between Evercom Systems, Inc., a Delaware corporation and a SECURUS Technologies, Inc company
("We" or "Provlder"), and City of Seal Beach, CalifornIa ("you. or "Custome(1 and is part of and govemed by the Master
SeMces Agreement (the "Agreement") executed by the partIes. The terms and conditiOns of the Agreement are
Incorporated herein by reference. This Schedule shall be cotermInous WIth the Agreement ("Schedule Effective Date'.
A. Aoollcatlons. We Will provide the follOWIng AppllCallons'
CALL MANAGEMENT SERVICE
DESCRIPTION.
Secure Call Platform. Secure Call Platform ("SCPj proVides, through Its centralized net centnc, VOIP, dlgttal transmitted
system, automatic placement of calls by Inmates Without the need for conventional live operator seMceS In additIon, SCP
provides the capability to (al monrtor and record Inmate calls, (b) mark certain numbers as private to disable the mOnitoring
and recording function, (c) automatically IImilthe duration of each call to a certaIn penod deSIgnated by us, (d) maintain call
detail records In accordance WIth our standard practIces, (e) automatically shut the System on or off, and (f) allow free calls
to the extent required by applicable law. We WIll be responSible for all billing and collectIons of Inmate calling charges but
may contract WIth third parnes to perform such functIOns. SCP WIll be provIded at the Facilities specifIed In the chart below.
COMPENSATION'
Collect Calls The parties acknowledge that there IS no payment of commission (the "Commission") by the Provider to the
Customer on revenue that we earn through the completIon of collect calls placed from the FaCIlitIes.
LOCAL LO SURCHARGE $ 1.00
DAY EVENING NIGHT/WEEKEND
EACH EACH EACH
RATE INITIAL ADD'L INITIAL AOD'L INITIAL ADD'L
MILEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD
0-99999 o 0000 o 0000 o 0000 o 0000 0.0000 0.0000
INTRALATA INTRASTATE 8A SURCHARGE $ 2.00
DAY EVENING NIGHT/WEEKEND
EACH EACH EACH
RATE INITIAL ADD'L INITIAL ADD'L INITIAL ADD'L
MILEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD
0-99999 o 0000 o 0000 o 0000 o 0000 o 0000 o 0000
INTERLATA INTRASTATE 8B SURCHARGE $ 3.10
DAY EVENING NIGHT/WEEKEND
EACH EACH EACH
RATE INITIAL ADD'L INITIAL AOD'L INITIAL ADD'L
MILEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD
0-99999 o 6900 o 8900 o 6900 06900 o 6900 o 6900
INTERLATA INTERSTATE (JO) + INTRALATA
INTERSTATE JA SURCHARGE $ 3.85
DAY EVENING NIGHT/WEEKEND
EACH EACH EACH
RATE INITIAL AOD'L INITIAL ADD'L INITIAL ADD'L
MILEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD
0-99999 o 6900 o 8900 o 8900 o 8900 0.8900 o 8900
Master Services Agreement - Page 4 017
C SECURUS TechnologIes, Inc. - Propnetary & Confidential - Form 7 07
';.l"F.a1:liliY:Niiriie'lindAdllr8ss~:;'" !'lWJ'ypjjtof;c8JI~" lieciil€t~'''~~!.Rm..~'- -- '>;!
'" ~~"'. '~.:w':'1';:,':"'~"~r'$.l:..t~'W~~)M~~8ntr~ Com~1Bslont ~tO~lcUlabOn:Of .
!,hl;- " ,,-!.-,~.X ':r.4~~" 'S.~)\."h"Se"""-" n'!lF;r p....,-;:~P.<l .Cll"....~"'.I'
, ',',"fJ ,.~ ," .,. .t~. .:"t ,..~::r-' ~I;: t."'JI!.~ ..~r;YI~EL.~"t....,,;l.': tf~ ~erpen~~ " ml'DlSfon E I';:
Seal Beach Police Department SCP 0% NA NA
911 Seal Beach Boulevard
Seal Beach, CA 90740
CENTRALIZED NET CENTRIC. VOIP. DIGITAL TRANSMITTED CALL MANAGEMENT SYSTEM
DESCRIPTION:
Secure Call1na Platform User Interface. We will proVide you wrth the Software regarding the Secure Calling Platform
Interface ("S-Gate User Interfacej which may be used only on computers and ather equipment that meets or exceeds the
specifications In the chart below, which we may amend from time to tIme (''Compallble Equlpmenl"), far a total of 5 licensed
users Customer represents that (I) It WIll be responSible for dlstnbubng and assigning licenses to its end users, (II) It Will use
the SCP User Interface far lawful purposes and shall not transmit, retransmit or store material In violation of any federal or
state laws or regulation, and (m) rt WIll monrtor and ensure that its licensed end users comply as directed herein
.. '" (ft''''''';>'' .,'=',~\~~,-"-""" -'rn"'r':- ....B..~ ------~.
'0' ". :.... .;;:r.\\A",:ur..'<!; '~'I1m 1l;",_l!Y@I;\~.l3:t.~:r:I,'-lll!iiI~Ijl!9!,!=. .!'!I!~,!l~...:.lt....'l'I"_'
Processor Personal computer (PC) With a minimum 1 gigahertz (GHz) or processor clack speed
recommended, Intel PenliumlCeleron family, or AMD K6IAthlonlDuron famIly, or compatible
processor recommended hIgher
Operallng System Windows XP
Browser Microsoft Internet Explorer 6 0 or better
Memory At least 128 megabytes (MB) of RAM, 256 MB far optimum speed
Dnve CD-ROM or DVD drive
DIsplay Super VGA (1,024 x 768) or hlgher-resolullon VIdeo adapter and monitor
Peripherals Keyboard and Microsoft Mouse or compatIble pOinting deVice
',~ "i';\',,~~n~'o;.,+.'J~~-M"l-;W,iJ<~~~t:I;~N~i~!f:~'~~~;I:i~~l!!i!i!;M.J;,fl;I;~~~.~~
DSL or Cable Modem Data Rate' 1.5 Megbrts downstream and 384Kblts upstream, minimum
NOTE: You are reqUIred and rllsponslble for obtaining and Installing anti-virus and firewall
protection saftware for connectIVIty to and from the Internet.
SERVICE LEVEL AGREEMENT
We agree to repair and maintain the System In good operating conditIon (ordinary wear and tear excepted), including,
Without limitatIon, furnishIng all parts and labor. All such maintenance shall be conducted In accordance with the servIce
levels In Items 1 through 10 below All such maintenance shall be proVided at our sole cast and expense unless
necessitated by any misuse of, or destruction, damage, or vandalism to any premIses eqUIpment by you (not Inmates at the
FaCilitIes), In which case, we may recoup the cast of such repair and maintenance through either a CommiSSion deductIon or
direct invOICing, at our option. You agree to promptly nollfy us In writing after discovering any misuse of, or destruction,
damage, or vandalism to, the saId equipment If any portion of the System Is Interfaced With other deVIces or software
owned or used by you or a third party, then we shall have no obligation to repair or maintain such ather deVICes or software.
ThiS SERVICE LEVEL AGREEMENT does not apply to any prOVIded Openwarkstatlon(s) (see below) Far the seMces
contemplated hereunder, we may proVIde, based upon the faClllbes reqUIrements, two types of workstatIons (personal
computer/desktopllaptop/lerrnlnal): The "Openwarkstatlon" Is an open non-secured workstation which permits administrative
user nghts for faCIlity personnel and allows the faclllbes an ability to add additIonal third party software. Ownership of the
Opsnwarkstatlon Is transferred to the facility along With a three-year product support plan With the hardware proVIder. We
have no obllgallon to proVIde any technical and field support services far an Openwarkstatlon. CUSTOMER IS SOLELY
RESPONSIBLE FOR THE MAINTENANCE OF ANY OPENWORKSTATION(S)."
1 Outaae Reoort. Technical Suooort. If eIther of the follOWIng occurs: (a) you experience a System outage or maRunctlon
or (b) the System requires maintenance (each a "System Evenn, then you WIll promptly report the System Event to our
Technical Support Department ("Technical Supporl") You may contact Technical Support 24 hours a day, seven days a
week (except In the event of planned or emergency outages) by telephone at 866-558-2323, by emall at
TechnlcalSupport@Evercomnet, or by facSImile at 800-388-3168. We will proVide you commercially reasonable notice,
when practical, pnor to any TechnICal Support outage. For your calls to Technical Support, the average monthly call answer
tIme IS generally 120 seconds or less, proVIded however, that we WIll endeavor (but will not be obligated} to achIeve an
average monthly call answer tIme of 30 seconds.
2 Pnorltv ClaSSIficatIons. Upon receIpt of your report of a System Event, Technical Support WIll classify the Systllm Event
as one of the followln four rlon levels
"pnonty '" 60% or more of the functionality of the System Is adversely affected by the System Event
"Pnonty 2" 30%-59% of the functionality of the System IS edversely effected by the System Event
"Pnonty 3" 5%-29% of the functionality of the System IS edversely affected by the System Event
Master Services Agreement- Pege 5 of 7
C SECURUS Technologies, Inc. - Pmpnetary & Conlldenbal- Fonn 7 rn
"Pnonty 4" I Less than 5% of the functionality of the Systam IS adversely effected by the System Event
3 Resoonse Times After receipt notIce of the System Event, we Will respond to the System Event within the following
time penods with a 95% or reater rate of accur
Pnonty 1
Prlorfty2
pnonty 3
Prlorfty4
4 hours
12 hours
24 hours
36 hours
4 ResDonse Process. In the event of a System EVllnt, where the equipment IS located an Customer premIses, Technical
Support will either Inrtlate remote diagnOSIs and correction of the System Event or dispatch a field technICian to the Facility
(In whIch case the applicable regional dIspatcher WIll contact you WIth the techniCIan's estimated time of arnval), as
necessary. In the event of a System Event occurs In the centralized SCP system, technical support wllllnlliate remote
diagnosis and correction of the System Event.
5 Performance of Service. All of our repBlr and maintenance of the System will be done In a good and war1<manllke
manner at no cost to you except as may be otherwise set forth In the Agreement Any requested modification or upgrade to
the System that IS agreed upon by you and us may be subject to a charge as set forth in the Agreement and WIll be
Implemented WIthin the lime period agreed by the parties
6 Escalation Contacts Your account will be mOnitored by the applICable Temtory Manager and Regional SeMce
Manager In additIon, you may use the fallowing escalation list If our response lime exceeds 36 hours: first to the Technical
Support Manager or RegIonal SeMce Manager, as applicable, then to the Director of Field SeMces, then to the Execullve
Director, Service.
7 Notice of ResolutIon After receiving internal notIfication that a Pnorlty 1 System Event has been resolved, a member of
our management team WIll contact you to confirm resolutIon For a Prlonty 2 or 3 System Event, a member of our customer
satIsfaction team WIll confirm resolutIon.
8. MOnltonna We Will mOnitor our back office and validation systems 24 hours a day, seven days a week
9 ReaUlred IGR. You are responsible for prOVIding a dedicated Isolated grounded receptacle ("IGRj for use In connection
With the primary System. Upon request we WIll proVIde you With the specifications for the IGR If you are unable to or do not
provide the IGR, then we Will provide the IGR an a time and matenals basIS at the Installe(s then-current billing rates,
provided that we are not responsible for any delay caused by your faIlure to proVIde the IGR.
10. End-User Bllllna Services and Customer Care Our CorrectIonal Billing SeMces diVISion WIll maintain dedIcated
customer seMce representatIVes to handle end-user ISSUes such as call blocking or unblocking and setting up end-user
payment accounts The customer service representatives WIll be available dunng reasonable bUSIness hours Monday
through Saturday by telephone at 800-844-6591, by emall at Support@CorrectlonalBllllngServlcescom, and by facsimile at
800-578-2627. In additIon, we WIll maintain an automated InqUIry system on a toll-free customllr service phone line that will
be available to end-users 24 hours a day, 7 days a week to provide basic Information and handle most routine actIvities. We
will also accept payments from end-users by credit card, check, and cash depOSIt (such as by money order or Western
Union transfer)
PREPAID CALLING CARDS
DESCRIPTION
Upon receipt of your written request, we will proVide you WIth Inmate prepaid callIng cards for resale to inmates at the
FaCIlities speCifIed In the chart below. Prepaid calling cards are not returnable or refundable; all sales are final. Each
prepaId callIng card Will be valid for no more than SIX (6) months from the date we activate It The cards are subject to
applicable local, state, and federal taxes plus any applicable per call surcharge fee an non-local calls. If you authorize us,
we WIll deal WIth your third party commissary operator ("Commissary Operato(') far the sale purpose of selling prepaid calling
cards to you. If that IS the case, you shall notify us In wrllIng of any change In the idenllty of the CommIssary Operator,
which change shall be effective on the date that we receIve the notice. Notwrthslandlng anything to the contrary, you WIll
remain pnmanly liable for the payment for prepaid cards sold to Commissary Operator on your behalf.
COMPENSATION.
The face velue of the cards less the applicable percentage speCified In the chart below shall be due and payable within lhnty
(30) days after the InVOice date. After such thIrty (30) day period, then we reserve the nght to charge Interest on the overdue
amount at the lower of (a) fifteen percent (15%} per annum or (b) the mBXImum rate allowed by law and to deduct the inVOice
price of the cards plus any accrued Interest from any amounts we awe you untIl paId In full.
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Seal Beach Police Department
911 Seal Beach Boulevard
Seal Beach, CA 90740
Master Services Agreement - Pegs 6 of 7
e SECURUS Technologies, 100. - Propnelary & ConfldenbaJ - Fonn 7 07
Exhibit A: Customer Statement of Work
City of Seal Beach (CA)
This Customer Statement of Work Is made part hereto and governed by the Master SeMces Agreement (the "Agreemenl")
executed between Evercom Systems. Inc., a Delaware corporation and a SECURUS Technologies. Inc. company ("we" or
"Provlde~. and City of Seal Beach, Calrtornla ("you" or "Custome~ The terms and condlllons of said Agreement are
Incorporated herein by reference. This Customer Statement of Work shall be coterminous with the Agreement.
A Aoollcallons The parties agree that the Appllcallons listed In the SeMce Schedule or below shall be proVIded and In
accordance wrth the Service Level Agreements as descnbed In the applicable Secbon of the Service Schedule to the
Agreement.
B. EaUloment. We Will provIde thll follOWIng eqUlpment/Appllcallons In connectIon WIth the seMCes:
TeleDhone EaulDment
7010 (mini w/volume - 18' Handset}
CABLE, CAT 5 (PLENUM), 1000 FEET
12 Count SWitch Panel
66 Blacks S66M2
Quantitv
6
1
1
1
SCP Inmate Phone System
SCN Total Storage 1 Year Purge
Allotted S-gate licenses 5
Features
3-way Detection 1
Dual Tone Mulll Freq Detection 1
POSitIve Acceptance Detection 1
True Number Validation 1
Anywhere Acceptance 1
Pre-PaId Collect 1
Secure Call Platform 1
Covert Alert 1
Cnmetlp 1
Customer Support Centers 1
In Field Technical Support 1
Service Ticket Commlslons Access 1
Staff Training SeMces 1
Technical Support Center 1
SCP Platform
AXM800 1
25' M'M amp cable 1
KHLA KIt BOM 1
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING IN THIS SCHEDULE, NO APPLICATIONS, EQUIPMENT,
INSTALLATION AND SPECIAL REQUiREMENTS OTHER THAN THOSE STATED ABOVE WILL BE PROVIDED; NO
ORAL AGREEMENTS OR STATEMENTS ARE BINDING.
EXECUTED as of the Schedule Effective Date.
Msster SelVlces Agreement - Psge 7 017
ICI SECURUS TechnologIes, Inc - Propnetsry & ConildentlBl- Fonn 7lI7