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HomeMy WebLinkAbout02-155 Resolution No. 02-155 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACTUAL AGREEMENT WITH TEXAS INMATE PHONES FOR PLACEMENT OF TELEPHONE EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute a Contractual Agreement on behalf of the City of Elgin with Texas Inmate Phones for placement of inmate telephone equipment, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 24 , 2002 Adopted: April 24 , 2002 Omnibus Vote: Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk TEXAS INMATE PHONES CONTRACTUAL AGREEMENT FOR PLACEMENT OF INMATE TELEPHONE EQUIPMENT This agreement is made as of April 24, 2002 , between City of Elgin, Illinois (hereinafter referred to as "Licensor"), a governmental entity and Texas Inmate Phones (hereinafter referred as "TIP"), a Texas company with its principle place of business as 3118 Lausanne, Pasadena, Texas 77505. Licensor and TIP hereby agree to the following terms and conditions: Term of Agreement Subject to the terms and conditions hereof, this Agreement shall be in effect for a period of three (3) years commencing on April 4, 2002. II. Inmate Telephone Equipment and Service (a) Locations and Placement of Equipment and Service Licensor hereby grants to TIP to install and maintain inmate telephone(s), coinless telephones, and associated wiring and hardware (hereinafter collectively referred to as "Inmate Telephone Equipment") at those of Licensor's specified location(s) as set out in Schedule A, attached hereto and incorporated herein, with TIP's service area (herein referred to as "Locations"). Said locations may be moved or added to at no charge to Licensor and Licensor may, at no charge, delete any Locations(s) where it has ceased inmate incarcerations by advance written notice of same to TIP. Any addition, regardless of date, to Schedule A during the term of this Agreement shall automatically expire on the same date as the expiration or termination date of this Agreement, as set forth in Section I, or, if the term is extended, as set forth in Section VII. The total cost of all such installation, including, but not limited to, installation charges, materials, and labor costs, shall be borne by TIP. Inmate Telephone Equipment shall remain the property of TIP. TIP will provide all inmate telephone equipment and services as provided within the terms of this Agreement, at no cost to the Licensor. (b) Remuneration TIP will pay the Licensor a commission on revenue billed at rate of go % (see below) of the net profit on all collected calls at Licensor's location(s). (Net Profit = Gross Collected Revenue — All Company Operating Expenses). The first commission check will be paid 90 days after billing; the following commissions will be mailed on the 15th of each month to Licensor. r. Commissions will be based upon length of Contract as follows: 3 Yr — 30% (minimum); 4Yr—40%; 5 Yr— 50% (maximum). (c) Maintenance TIP shall maintain its Inmate Telephone Equipment in proper working order at no cost to Licensor. Service calls shall be made by TIP within forty-eight (48) hours of the reported problems, exclusive of Saturdays, Sundays, and legal holidays, in which event service calls shall be made TIP within forty-eight (48) hours after the following work day of the reported problem. (d) Termination In the event either party defaults in its obligations hereunder, the other party shall promptly notify such party of the default in writing. If the party in default fails to remedy such default within fifteen (15) days after receipt of such notice, or if such default is of a character requiring more than fifteen (15) days to cure and the party in default fails to commence to remedy such default within fifteen (15) days ' of receipt of such notice, the other party may cancel and terminate this Agreement. III. Licensor's Obligations (a) Condition of Premises Licensor shall provide the space for the Inmate Telephone Equipment, provide proper light and heat therefore, and keep the premises around the Inmate Telephone Equipment clean and readily accessible. (b) No Attachment Licensor shall not attach or connect any apparatus or appliance to the telephone unless such apparatus or appliance is provided by TIP. (c) Vandalism Licensor shall report to TIP any misuse, destruction, damage or vandalism to the Inmate Telephone Equipment at its Location(s) as soon as practical after Licensor learns of, discovers, or has reason to know about such event. (d) Damage to Inmate Telephone Equipment TIP agrees that it shall accept all liability and responsibility to pat the cost and/or perform the services necessary to repair service and equipment in the event that inmates cause defacement or damage to TIP's equipment. The Licensor agrees that no liability shall attach to TIP by reason of any defacement or damage to its premises resulting from the existence of TIP's equipment or by the installation or removal thereof, when such defacement or damage is not the result of the negligence to TIP or its employees. IV. Authority to Contract Each party warrants to the other party that it has the right to enter into this Agreement and to authorize the installation of Inmate Telephone Equipment. Each party shall defend, release, indemnify, and hold the other party, its employees and agents harmless from any claims, damages and actions arising out of this Agreement caused by said party's lack of the aforesaid authority. V. Liability NO LIABILITY SHALL ATTACH TO TIP FOR INTERRUPTION OF SERVICE FROM ANY CAUSE, NOR SHALL ANY LIABILITY IN ANY OTHER CASE • ATTACH TO TIP. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING LOST STATION REVENUES, LOSS OF PROFITS, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF (1) THE PERFORMANCE OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, NECLIGENT PERFORMANCE OR FAILURE TO PERFORM, OR (2) A DEFECT OR FAILURE IN SERVICE OF INMATE TELEPHONE EQUIPMENT PROVIDED HEREUNDER. EXCEPT AS REQUIRED BY THE APPROPRIATE REGULATORY AGENCIES IN ACCORDANCE WITH APPLICABLE LAWS, TIP MAKES NO WARRANTIES TO LICENSOR WITH RESPECT TO THE SERVICE OR THE INMATE TELEPHONE EQUIPMENT, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANATIES OR MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE OR WARRANTIES WHICH ARISE FROM TRADE, CUSTOM, OR USAGE. TIP shall hold harmless Licensor and its employees in any event such as loss, damage, injury or death arising from this agreement, its implementation, and its operation. VI. Right of Access Licensor shall permit employees or contractors of TIP reasonable access, at no charge, to the Location(s) and any associated equipment and terminal areas in connection with any and all work hereunder, including, but not limited to, installation, inspection, maintenance, or removal of equipment. Licensor shall not require waivers or releases of any personal rights from employees or contractors of TIP in connection with such visits to the Location(s). VII. Notices TIP shall mail remuneration due Licensor hereunder to Licensor as provided in Section II(b), and Licensor and TIP shall mail all notices, by first class mail, postage prepaid, to the relevant following addressed: TO LICENSOR TO TIP Texas Inmate Phones 3118 Lausanne Pasadena TX 77505 VIII. No Assignment This Agreement may not be transferred or assigned, in whole or in part, by either party without the other party's prior written consent provided, however, that TIP shall have the right to assign this Agreement to any present or future affiliates of TIP, without securing the consent of Licensor and may grant to any such assignee the same rights and privileges TIP enjoys under this Agreement. The above and foregoing provisions are hereby agreed to and accepted and appr. -: •y the .pantie TEXAS,�� I 7 PHO (TIP) (Licensor or Company Name) By: ar(A. .- By: �1.:..��...•. Title: President Title: °t■A:t.o.w., tAvA %ak4"`'IN4EL Address: 3118 Lausanne Address: x5-1;) Pasadena TX 77505 Io01l,D Date: iz -° Z Date: a-b -0t r SCHEDULE A Licensor's Specified Location(s) for all INMATE TELEPHONES This Agreement covers the attached existing Inmate Telephone Service locations. Any future locations for Inmate Telephone Service will automatically be added to this Schedule A and become a part of this contract during the terms set forth in this document. .r ■ 1ST FLOOR IN CASE OF FIRE SALLY PORT EPD PARKING USE STAIRS ..............A.....""... '.."'r' . " ...� ...,...4...�v......�-�._. -. „'"_ ,...,.......o.....«.... �...... -« .r...... 11 ..nw-.. ti- LAUNDRY ; a 14 i ' :�►' STAIRS w 1 STOREROOM '1' ii KITCHEN __ _L_. ;. 4; . • i . I i --x-- EXIT FIRE _ EXTING. 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BOND OUT o I 411:11'` I IINE OF } EXIT ;. o TRAINING ° VD AINIMIlloallok d 3 rimmi............i r% ,OF6 /2: Agenda Item No. City of Elgin g L April 5, 2002 G I N #1 TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Olufemi Folarin, Interim City Manager SUBJECT: Installation of Telephones in Jail Cells of the Police Holding Facility PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Texas Inmate Phone Systems (TIPS) for the installation of telephones in jail cells of the police holding facility. BACKGROUND The Police Department has a holding facility that is used for short-term incarceration, primarily for misdemeanor offenses awaiting bond or newly-charged felony cases awaiting bond call, then bond. Initial calls subsequent to arrest will still be allowed during booking procedures . The average month may involve as many as 400 people over the course of the month that pass through. On the average, each of these people require at least one additional call after initial booking. Approximately 50% of these people remain longer than overnight, requiring a minimum of one additional call during their stay. Current Department of Corrections regulations have placed increased responsibilities for on-duty jail staff. The jail is staffed 24 hours per day, seven days per week and includes a total of 27 cells that are used to house prisoners. The people being held in jail may need to make calls to secure bond money. For them to do this currently, a jailer will have to use time to get them out of the cell and keep them secure while using the phone. This takes considerable time, and with staff time being a valuable commodity, other alternatives were researched. The phone system that is installed by TIPS is intended specifically for this use. It is mounted and installed and the caller places their face to the headset on the unit to make a collect call . The Police Department has the ability to lock out rak use of the phone, can control where calls are placed, and all calls are initiated with a message to the receiver identifying the cost Installation of Telephones in Jail Cells te- April 5, 2002 Page 2 of the collect call . This message can be made in Spanish and English. There is no need for jail staff to use their time and the prisoner is free to use the phone as long as they have someone to call that accepts the charges . The Purchasing Department solicited competitive vendors for this service, with Texas Inmate Phone Systems being the only vendor responding. They have provided a list of Illinois police agencies using the service as references . The Police Department has checked and is satisfied with them verifying the services of the company to include their ability to support the equipment . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT 1 There is no cost to the City, as all installation and equipment costs are paid by the vendor. The contract period is for three years, with a 30-day cancellation provision, with the vendor recovering costs through the telephone charges . The costs for the collect calls are $5 . 00 for the first five minutes and after five minutes, the charges are approximately $ .23 per minute. The three year contract period will provide a 30% commission to the City after monthly costs and revenue are recovered by the vendor. Based on the current number of calls placed each month, the anticipated revenue to the City is approximately $400 per month. r\N\I\°4 EGAL IMPACT None . ALTERNATIVES The City Council could reject the agreement and not allow the Police Department to use this service. tow Installation of Telephones in Jail Cells er- April 5, 2002 Page 3 RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into this lease with Texas Inmate Phone Systems . Respectfully submitted, Olufemi Fol Interim it anager JL/dr