02-155 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.
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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
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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.
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,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