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Home My WebLink About25C - AGMT INMATE TELEPHONE AND VIDEO VISITATION SERVICESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2017 TITLE: APPROVE AN AGREEMENT WITH LEGACY INMATE COMMUNICATIONS FOR INMATE TELEPHONE AND VIDEO VISITATION SERVICES {STRATEGIC RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a two-year agreement, with three one-year options, with Legacy Inmate Communications for the provision of inmate communications services at the Santa Ana Jail, for the period of November 1, 2017 through October 31, 2019, in the amount of $235,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The State of California Board of State and Community Corrections requires all jails and correctional facilities within the state to provide reasonable access to a telephone. The Federal inmate housing agreements entered into by the City also require inmate access to telephones. On April 25, 2017 the Police Department issued a request for proposals (RFP #17-052) for inmate telephone and visitation services. On May 11, 2017 a pre -proposal conference was conducted, and on May 24, 2017 the City received proposals from four firms, IC Solutions, Legacy Communications, Securus Technologies, and NCIC Inmate Communications. An evaluation committee consisting of representatives from the Santa Ana Jail and the Santa Ana Police Department Fiscal Section reviewed and rated the proposals. The proposals were evaluated according to Responsiveness to RFP (20%), Experience of Firm and Personnel (30%), Service (30%), and Cost of Proposal (20%). The two firms scoring the highest were invited to provide live product demonstrations which were also evaluated and scored. 25C-1 Agreement for Inmate Telephone and Visitation Services October 17, 2017 Page 2 The results of the RFP evaluation are as follows: Vendor Score Legacy Communications 449.25 IC Solutions 446.50 Securus Technologies 323.00 NCIC Inmate Communications 278.00 500 Points Possible Legacy Communications was determined to have submitted the most responsive, affordable and innovative proposal. Legacy's experience with inmate phone systems was extensive and included advanced technology for information gathering and investigative tools. The Legacy Communications proposal delivers services to inmates and their families at the lowest cost when compared to the other bidding competitors. The Legacy Communications product offering is most able to provide a full suite of necessary services including off-site visitation services, educational programs, electronic submission and tracking of grievances, electronic medical requests and an electronic commissary ordering process. These services, once implemented would meet facility needs under any of the future jail operational programs currently under consideration. The Police Department proposes to enter into a two-year agreement with Legacy Inmate Communications beginning November 1, 2017 and ending October 31, 2019, with three optional one-year extensions. Revenue from this agreement is estimated at $110,000 annually, based on FY16/17 telephone use data and is comprised of the following: $15,000 financial incentive upon agreement execution • 77% of gross billed revenue or $110,000 annually, whichever is greater. The total anticipated revenue over the two-year term of the agreement is $235,000. STRATEGIC PLAN ALIGNMENT Approval of this item aids the City in meeting Strategic Plan Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively). 25C-2 Agreement for Inmate Telephone and Video Visitation Services October 17, 2017 Page 3 FISCAL IMPACT Revenues from this agreement shall be deposited to the Jail Inmate Welfare Fund account (no. 02314002 57403). Revenue estimates by fiscal year are as follows: There are no expenses for this agreement. FY 2017-18 $88,333 FY 2018-19 $110,000 FY 2019-20 $36,667 $235,000 �Qavi Acting Chief of Police Santa Ana Police Department Exhibit: Agreement APPROVED AS TO FUNDS AND ACCOUNT la Francisco Gutierrez Executive Director Finance and Management Services Agency 25C-3 25C-4 Inmate Communications Service Agreement This Agreement is made this 17th day of October, 2017, by and between Legacy Inmate .Communications dba Legacy Long Distance International, Inc. ("Legacy" or the "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS 1. On April 26, 2017, City issued Request for Proposal ("RFP") 17-052 seeking proposals from qualified vendors for inmate and telephone visitation services at the Santa Ana City Jail. The Jail provides housing for inmates incarcerated or detained for federal, state, and immigration proceedings. 2. Contractor submitted a responsive proposal that was selected by the City. Contractor is in the business of providing various inmate communication services and operator assisted telecommunication services and will maintain the Inmate Communication Operating System — iCON' . iCON� is a complete turnkey Inmate Call Management System with investigative, technical, and administrative communication features. 3. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional inmate telephone firm. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: TERM 1.1 Term. This Agreement shall commence on November 1, 2017 and terminate on ,October 31, 2019, unless terminated earlier in accordance with Sections 1.3 and 5.1-1. below. 1.2 Renewal Options. Upon completion of the initial two (2) year term, the City may grant up to three (3) additional one (1) year renewals, exercisable by a writing by the City and the City Attorney. 1.3 Termination: The City and/or the Contractor may cancel this agreement with orwithout cause upon ninety (90) days written notification. 2. SERVICES PROVIDED BY LEGACY Contractor shall perform these inmate telephone and visitation system services that are set forth below and as stated in the Contractor's proposal, which shall be incorporated by reference to this Agreement as though fully set forth herein. 25'd -f5 2.1 Inmate Telephone Service. (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 City Jail. Each operator service call originating from the telephones and placed through the Contractor 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 applicable correctional facility, provide the name of the "caller/inmate", provide the called party with call rate information, and allow for acceptance or denial of the call. The Contractor will also provide the called party the option to block their telephone number from further calling. (b) Pre -Paid Account Service. Legacy shall provide its Friends and Family pre -paid call service. Legacy agrees to provide pre -paid collect service as needed. The Contractor will provide a toll-free access number for friends and family to call to set up prepaid "collect" service accounts. The Contractor shall also provide access to an internet-based website where prepaid services can be ordered. Prepaid Accounts can also be utilized to fund voice messaging, secure messaging (email), video messaging services, and related services as selected by the City. (c) Debit Service. Debit service will be provided to the City as requested. Debit calling services can be utilized to call any destination worldwide. Debit services may be applied directly to an Inmate PIN or by distributing Debit Cards if requested by the City. The City shall be invoiced for all Debit amounts purchased through the facility commissary or cash office. Purchased Debit amounts will be discounted by the City's commission percentage. Legacy agrees to work with the City's commissary service provider to create an interface system the will allow debit amounts to be purchased through the commissary and applied to a valid inmate PIN. (d) Inmate Phones. The Contractor agrees to provide inmate phones and associated equipment for the entire period of this Agreement. (e) Communications Management System OCON'"1. The Contractor agrees to provide access to its inmate communications management system - iCON- including system updates released during the period of his agreement. iCON"' shall provide all services as detailed in the Contractor's response to Request for Proposal No. 17-052 Inmate Telephone Service and Visitation System. (f) Service Level Responses The Contractor agrees to provide the City with twenty- four -hour toll-free customer support, 365 days a year including holidays for the Inmate Telephone Service. The Contractor will make its best effort to provide the following Service Level Response times for Inmate Telephone Service: • Minor Service Category A minor service category shall be defined as any service request the affects; one (1) individual inmate telephone not operational, static or other noise heard on the telephone line, ICON system administration action needed, new or customized report requested, or additional training Page 2 of 11 25C-6 3. 2.2 requested. All minor category service requests shall be addressed within eight (8) hours of the report with problem resolution provided within twenty-four (24) hours. Major Service Category. A major service category shall be defined as any service request that affects; two (2) or more inmate telephones not operational, call detail/recording information not listing on the ICON System, call recording or live monitoring utilities not -operational or dysfunctional. All major category service requests shall be addressed within four(4) hours of the report with problem resolution provided within four (4) hours of the report unless otherwise negotiated with the City. Emergency Service Category. A major service category shall be defined as any service request that reports fifty percent (50%) of inmate telephones being disabled in any location of the Jail. All major category service requests shall be addressed within one (1) hour and a service technician guaranteed on-site within two (2) hours of the report. Video Visitation Services. (a) BCD -Kiosks. The Contractor agrees to provide and install four (4) Bridge Communication Devices at the facility. The BCD devices will provide on-site video visitation services. if requested by the City additional BCD devices will also provide secure messaging (e-mail) and Video Messaging Services. The BCDs can also function as inmate telephones. (b) Video Visitation Service. The Contractor agrees to provide remote and onsite video visitation service at the Santa Ana City Jail. 2.3 Installation of Service. Legacy shall install and make fully functional all inmate telephone and video visitation services reflected in sections 2.1 and 2.2 of this agreement no later than thirty (30) days after a project "kickoff' meeting between the City and Legacy. 2.4 Related Services. The City retains the option to implement and make use of any related services offered or developed by the Contractor during the period of this agreement. All services that bear a revenue sharing component shall be subject to the compensation terms defined in Section 3 of this agreement. 2.5 Incorporation of Legacy Proposal. The proposal by the Contractor dated May 23, 2017 and submitted in response to the City of Santa Ana RFP 17-052 is incorporated into this agreement in full. COMPENSATION 3.1 Call Commissions. The Contractor agrees to pay the City a minimal annual percentage of inmate gross billable revenue defined in Exhibit "Kat a rate of 77% of all revenue generated or $110,000 annually, whichever amount is greater. 3.2 Financial Incentive. The Contractor agrees to pay $15,000 to the City upon execution of this Agreement. 29t -0Y 4. 5. 3.3 Inmate Call Commission Payment. The Contractor shall remit all commissions due to the City thirty (30) days after the end of each calendar month (EOM). 3.4 Payment Calculation. Gross billable revenue is calculated as the sum of minutes and charges. Commission due the City shall be calculated as the product of the total gross billable revenue multiplied by the contracted percentage allowance. 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 Services including, without limitation, those relating to provision of information to End Users regarding telecommunication services. 4.2 Regulatory Changes. This Agreement is subject to the applicable federal and state laws, rules, and regulations relating to inmate telephone services, and to regulatory or other governmental orders, rules, regulations or approvals as may apply from time to time. The parties acknowledge and agree that the applicable Laws may be deleted, amended, or added to from time to time, and that such alterations may create a conflict between the then -current Laws and the terms or operation of this Agreement. If any conflict between this Agreement and such Laws or regulations exists, or comes in to existence, during the Term or Renewal Term of this Agreement, then the Laws shall control and this Agreement shall be deemed modified accordingly. 4.3 Regulatory Requirements. 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 Contractor via first-class, postage -prepaid mail or telephone facsimile transmission of written notice to the City. TERMS AND CONDITIONS A. FACILITIES, EQUIPMENT AND OTHER MATERIALS, AND OBLIGATIONS OF THE CITY OF SANTA ANA Vendor shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to The Agreement. B. TIME FOR PERFORMANCE Time is of the essence. Failure of Vendor to perform any services within the time limits set forth in the Agreement shall constitute material breach of the Agreement. 2808 C. TIME Vendor shall devote such time to the performance of services pursuant to the Agreement as may be reasonably necessary for the satisfactory performance of Vendor's obligations pursuant to the Agreement. Neither party shall be considered in default of the Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable Withholding taxes. E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured 2;x:5.6, against liability for Workers' Compensation or to undertake self-insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. G. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and/or materials) or contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may Page 6 of 11 25C-10 be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Fax 714-647-6956 With courtesy copy to: Chief of Police Santa Ana Police Department 60 Civic Center Plaza (M-97) P.O. Box 1981 Santa Ana, CA 92702 Fax: 714-245-8090 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6515 To Contractor: Legacy Inmate Communications Curtis A. Brown 10833 Valley View Street, Suite 150 Cypress, CA 90630 H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City 86--oi' 261 may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. This agreement may be terminated without cause by City upon thirty (90) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and/or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one -hundred eighty (90) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $300 per day for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment Page 8 of 11 25C-12 opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Public Service Commission and the Federal Communications Commission (FCC) and as it may be amended or updated throughout the term of this contract 3. Vendor represents and warrants to the City of Santa Ana that it has all licenses, permits, qualifications, and approvals of whatsoever nature, which are legally required for Vendor to practice its profession. Vendor represents and warrants to the City of Santa Ana that Vendor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of the Agreement, any licenses, permits, and approvals which are legally required for Vendor to practice its profession at the time the services are performed. N. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. JURISDICTION—VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable 29C90 costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SOCARVAHALO Cit Att By: TAMAF#A ETUGUSIAN Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Acting Chief of Police CITY OF SANTA ANA CYNTHIA J. KURTZ Acting City Manager CONTRACTOR CURTIS A. BROWN President Tax ID# Page 10 of 11 25C-14 Exhibit "A" —Rates and Commission Commission/Revenue Share CommissionfRevenue Share to City of' to End User Santa Ana I I Communication Refer to Call Rate Tables Above Services 1 1 77. 29C -1;U USAGE RATES �ong I MINEW Collect Connection Collect Per Minute Local None $0.20 Intralata None $0.20 Interlata None $0.20 Interstate None $0.20 International(Mexico & Canada) None $0.25 International (Other) None $0.50 Friends & Family Prepaid Call Type Prepaid Connection ?repaid Per Minute Local None $0.20 Intralata None $0.20 Interlata None $0.20 Interstate None $0.20 International (Mexico & Canada) None $0.25 International (Other) None $0.50 Inmate Debit Call TypeDebit ConnectionDebit Local None $0.20 Intralata None $0.20 Interlata None $0.20 Interstate None $0.20 International(Mexico & Canada) None $0.25 international (Other) None $0.50 Additional Communication Types Connection Cost Voicemail None $0.50 Per Voicemail Remote Video Visitation None $0.35 Per Minute On Site Video Visitation None None Secure Message (email) None $0.50 Photo Message None $0.50 Video Message None $2.00 Commission/Revenue Share CommissionfRevenue Share to City of' to End User Santa Ana I I Communication Refer to Call Rate Tables Above Services 1 1 77. 29C -1;U EXHIBIT A - PROPOSERS CERTIFICATION & COST PROPOSAL _ Telephone Calling ALLCALLTYPES;, COLLECT, FRIENDS & FAMILY PREPAID, & INMATE DEBIT ' Call Type / Service I Cost to End User Commission to Connection Per Minute Santa Ana PD Local $0.20 Intralata $0.20 Interstate 1 1 International 1 1 Voicepiqil PerVoicern ail 1 second duration) 1 1 $0.35 per minute Per - , 61 second duration) 11 -♦_%i#_\i . e._�-.a��__--��.�� . .moi• L-.� Per E -Mail exchange ,n�'_�.f"_A'.i=. ._- G=-_, _.i . •„R ._. (includes both the message1 1 1reply) Per Photo Message 4 Legacy Inmate Communications 1 10833 Valley View Street, Suite 150 I Cypress, Office: 800-577-5534 I Fax: 800-700-1116 1 www.legacyinmate.com 25C-16 k. Secure Instant Messaging (E -Mail) 77% Financial Incentive $15,000.00 4 77% of all revenue generated or $110,000.00 per year, Minimum Annual Guarantee (MAG) whichever is greater. (Note: ADP must be maintained As needed at 125 or higher throughout the ear). Proposed Hardware & Equipment Included in our offer at no cost, Legacy is proposing to supply the Santa Ana PD facility with thefollowing new corrections -grade equipment. 61 TMG CT -1000 Inmate Telephones 2 TMG CT -900 Cordless (Hands -Free) Inmate Telephones 4 Legacy VV -1000 Video Visitation Kiosks 46 (23 sets) TMG CT -50 Visitation Phone Sets As needed Ultratec Supercom 4400 TTY/TDD Units As needed TMG TM -24-7 Portable Carts Fees & Ancillary Charges Prepaid Account Transaction Fee (Processed via Live Agent) $5.95 Prepaid Account Transaction Fee (Processed Online) $3.00 Bill Statement Fee $2.00 All fees are compliant with federal and state regulation. No other fees will be applied. *A Note on the Payment of Interstate Commissions Legacy pays commission on all inmate calling, including interstate calls. Legacy and its legal team have carefully reviewed all of the Federal Communication Commission (FCC)'s rulings and we are confident that it is entirely legal to do so. If a vendor has chosen not to pay commission on interstate calling (or to not pay commissions at all) it is just that—a choice. In paragraph 56 of the FCC 13-113 Ruling, the FCC clearly states: "We do not conclude that ICS providers and correctional facilities cannot have arrangements that include site commissions. We conclude only that, under the Act, such commission payments are not costs that can be recovered through interstate ICS rates... We state only that site commission payments as a category are not a compensable component of interstate ICS rates." Legacy Inmate Communications 1 10833 Valley View Street, Suite 150 1 Cypress, CA 90630 Office: 800-577-05534 1 Fax: 800-700-1116 1 www.legacyinmate.corn 25C-17 25C-18