Illinois DOC - Securus Contract 2018-2021
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' S TA M M CONTRA HUnos DeoartMeritolinnovatiOnond Phote.SeMcs for Cr r q 3 'PPatties tO 'Eh* cOntriKt are the:SA*4:0 #11Aqls actIng gyr0IISkth!e*IndertIgnett Agerw (colietthfely the, • t h e 'Vendor• This Orstraa, consistInte of the signatOre page anci: ntitebered sectfrenS IMO below and any referenced inithhi contract, const)tute the entire contract' betitieeti the Pares concerning tIlft ObleI:t Matter contract, and In SIgningE the cOntract,: Ott Contract& Ofirrtits that the CertifiCkfont aodI f epptiobie DIstintores'eatcl:ConfliCtt of Interest attached hereto r e true end accurate as of tIt.Otate:•of the of tile COisfirgf.:• Th4, cott04-. stipersedet all OM:of:P.1'4,14AS, contracts and :11Adertandings between: conognino the sobjecvowtte'r or the contract, n'th c l * M t Can be signed in trrultip' COunterparts itpOn the Pattie*. : Contract IncitAdos BicIfitiy Purchase 'Order? (The AgentSeanAlktO thistglettibil Odor to Y 0: cohlroct toes Moots Prectireinert OatextvailCeettlicationsand c-eruftcaticrns and PIScI9.1.Ii.'es irtCluding DESCRIPTION-CIFSUPPLIES 2. 3. T E R M AND 4, S TA N D A R D ROSINESSTERMS 5. SUPPLEMENTAL 6. S TA N D A R D 7, SINANCIAt DISCLOSURESAgo CoNructs OFINTEREST(IF CONTRAciSPEQPIcCERTIFICATIONSANDDISCLOSURES—"FoRms V (IF 9. PURCHASEDOIDER FROM BIDBUY (IF *ate of ;Mots Chief Pcppurlyilant Office - vl STATE OF CONTRA Illinois Department of Innovation Phone Services for In consideration of the mutual covenants and agreements contained in this contract, and for other good consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the conditions set forth herein and have caused this contract to be executed by their duly authorized representatives dates shown on the following CONTRACT 2 State of Illinois Chief Procurement Office Contra V. STATE OF CONTR filittOis Peoatimerit QGyatO.n to: •Phone SaMeitslOt Intarcettled VEND Address: 4000 international 750 Vendor Nan •• R 11 0 111 : A n 3 •- PtinLedName: •: •!' , Fac Click here :10 -- • . , C l i c k 'title; President and Chief Date, STATE OF, PrOcutinisAgencit or ifattersIty: ()Apartment of and pho StreetAddres%i 1,29 W. F - City, State ZIP: Springfield, Official Date: I I : pitted Name: Pk :OfficiarS Title: .. Oste; •f.eial•SIg ' Legal plinteciName: C i e Legal'stitle:; t e l ref,- Fiscai ilgfat. , f IscaTS Printed Name :: • Fiscar Title:. 0 tooftilino4ghlefOrocommemplficeGem Contr Af, fit4e:. , AGENCY USE ONLY N O T PART OF • A g e n c y Reference • P r o j e c t Title: Phone Services for • Contract • Procurement Method (IF% RFP, Small Purchase, etc.): Two-Step • I P B Reference • I P B Publication Date: • Award • Subcontractor Utilization? El Yes EINo S u b c o n t r a c t o r Disclosure? L I • Funding • Obligation • S m a l l Business Set-Aside? Y e s LIN° • M i n o r i t y Owned Business? 17 Yes O N ° • W o m e n Owned Business? El Yes ONo • Persons with Disabilities Owned Business? Y e s O N ° • Ve t e r a n Owned Small Business? E l Yes EINo • Other 4 State of Minds Chief Procurement Office Contr V. 1. D E S C R I P T I O N OF SUPPLIES L I . SUPPLIES AND/OR 1.1.1. T h e Illinois Department of Corrections, Department of Juvenile Justice and the Human Services require a phone system for IDOC/1111.1 incarcerated persons and which allows the offenders of the IDOC, the juveniles at the IDA and the residents at Rushville Facility to call friends and family. The system must also include intelligence analysis tools to support public safety. Phone services will comply with Public Act 1.1.2, Service and Equipment. For the purpose of providing phone services for [DOC/1M persons and DHS residents to communicate with non-incarcerated civilians, the provide, install, and maintain all telephone equipment, customer services, and for prepaid minutes at no cost to the State. This includes coordinating with Companies to provide service to each facility (facilities listed in Section 0.2.2). The responsible for all installation and maintenance of 220.127.116.11 The Vendor agrees all data shared, entered, or created either for or by including recordings, are the property of the State. No data related to State services may be shared or disseminated in any way without the express of the 18.104.22.168 The Vendor is responsible for relocation of any phone or equipment within when DOC deems 22.214.171.124 Electrical Surge: Electrical surge and ground protection will be provided equipment, for both the power source and the telephone line. Installations NEC and other 126.96.36.199 Installation Compatibility: A l l equipment, wiring, and supporting hardware will be mounted compatible with standard telco mountings, and, where existing equipment is being replaced, will be mounted equal to or better equipment which is 188.8.131.52 The vendor shall provide, at no cost to the State, necessary future upgrades hardware and software. T h e features and requirements outlined herein applicable to all calls placed through the OTS (offender telephone local calls, calls within t h e Local Access Transport Area (intraLATA), Intrastate, calls outside the Local Access Transport Area (interLATA), interstate international calls. Vendor must be able to complete International calls. Vendor able t o complete calls t o all locations in the 50 United States and companies in North America. The state reserves the right t o permit international calls. The State reserves the right to approve a primary carrier. Vendor must provide the name of the 184.108.40.206 Inmate telephones must be limited to one call per connection. Upon dialing, the telephone hook switch and dial pad must be disabled or State of Illinois Chief Procurement Office Contra V. to control pulse or DIMF dialing and to prevent obtaining dial tone or bong hook switch operation or 220.127.116.11 All incarcerated persons telephone system wiring distribution shall become of the State of Illinois at the conclusion of the contract. The Vendor is installation and maintenance of any new wiring required and maintenance of inter building and intra building premise wire and cable facilities for at all institutions. The Vendor may utilize existing State owned inter facilities with the approval of the State, if available. However, use of State may need to be vacated or replaced if the State has a need to reclaim any for State use. Vendor must be able to provide telecommunication infrastructure hardware required to add additional phones to existing or new DOC/D.UJDHS This may require placement of inter building cable thru existing state owned agreed to by the State, thru vendor provided conduit, or direct buried/ to all locations 18.104.22.168 The vendor shall be responsible for providing pedestals, shelters, panels, mounting hardware, and signage Ve n d o r shall be responsible instructional signage. Vendor shall be responsible for relocation of any Vendor provided equipment. In locations where Vendor's equipment existing equipment, the supporting equipment and hardware will be aesthetically equal to or better than the existing equipment. In new supporting equipment, hardware, a n d other items w i l l be appropriate location, use, and environmental conditions at the site.DOC and DB will approval on the configuration and specific supporting equipment and hardware location 22.214.171.124 All orders for Service and/or orders to proceed from the State to the Vendor will writing, issued and signed or electronically transmitted by the State. The not install, remove, modify, or change Service at any location without approv 126.96.36.199 A l l operating controls must be properly labeled. All cable must be properly each end and at any mid-point cross connects. All telephones will be calling instructions which explain how to make a call and must meet regulatory (e.g. FCC and ICC) and legal requirements. Content of these be customized to the location of the telephone_and approved by 188.8.131.52 T h e incarcerated persons telephone system must include all Devices for the Deaf TPOTDD, caption phones, VRS, recording equipment, software, server, wiring, data storage devices necessary to system and call recording data equipment necessary to meet the Unless otherwise specified herein, the vendor shall furnish all facilities, equipment, and software necessary to perform the services State of Illinois Chief Procurement Office Contra V. 184.108.40.206 Inmate telephones must be isolated or prevented from intercom calling, such two inmate telephones can be connected together. This may be wiring or 220.127.116.11 A l l equipment that will be used by Inmates will be hardened as necessary malicious damage. Vendor is fully liable for all damage to its equipment. all station wiring from the nearest IDI cross connect block to the station jack, to the instrument, the jack and instrument. Inmate telephones will have no and ringers must 18.104.22.168 A l l equipment and hardware installed will be new and suitable for the environment described below. N o equipment o f any type is acceptable numbers or any other manufacturer's identifying labels or marks have obliterated, o r changed i n anyway. The vendor must assume all costs equipment, installation and maintenance. The vendor shall replace any or all call monitoring and recording equipment as required during the term of at no cost to 22.214.171.124 Mounted telephone instruments f o r use i n a Corrections environment tamperproof and consist of steel encased housings and shockproof handsets will be of heavy-duty construction with no removable parts. cord will be armored with a stainless steel lanyard. A l l phone instruments waterproof and fireproof and have key-locked mountings to the wall. instruments will be line powered. Portable telephone instruments f o r use Corrections environment will be standard 2500 phone set with a standard handset 126.96.36.199 T h e State agency may, at no additional charge to the State, require the install booth-to-booth telephones in non-contact visiting areas. These have the same recording capabilities as described herein. The State are approximately 100 non-contact booths located in various facilities Stat 188.8.131.52.1 T h e offender must input their PIN number (described herein), non-contact phones in order to identify 184.108.40.206 The State agency may, at no additional charge to the State, offenders, parties, require the contractor to install new offender telephone systems that are not currently utilizing an offender telephone system (i.e. new institutions, community release centers, and community 220.127.116.11 T h e vendor must install the telephone equipment using security studs to removal of 18.104.22.168 T h e vendor agrees, i f they damage State property, the vendor must property to its original condition at no cost to the State of Illinois. The agrees that they shall not cut into or through girders, beams, concrete, tile, 7 State of Illinois chief Procurement Office Contra V. ceilings, or any other structure at the correctional institution without written approval from the State agency's 22.214.171.124 T h e offender telephone system must include offender telephone equipment TTD and TTD) that is hearing aid compatible and has volume vendor must provide TTD equipment to meet the needs of the traditional, video, voice, and caption, all with access to the service available i n all 50 states. Vendor shall provide amplified necessary for hard of The components of the offender telephone system must comply with Disabilities Act (ADA) requirements. This includes but is not limited telephones that are accessible t o persons in wheelchairs and systems compatible with Telephone Devices for the Deaf All equipment interfacing with the public telephone network must be FCC Vendors will be prepared to provide FCC registration information upon request Stat As required b y Illinois Public Act 95-307, all information electronic information, software, systems, and equipment, developed under this contract must comply with the applicable requirements o f Information Technology Accessibility A c t Standards a s http:// Telephones and ancillary items necessary t o meet Federal, State, Government Handicap and Americans with Disabilities Act (ADA) their implementing rules and regulations will be installed by Vendor, as the The Vendor will comply with o r exceed all pertinent safety standards installation, operation, and maintenance o f service (e.g. Occupations Health Administration (OSHA), American National Standards Institute Electric Code (NEC), National Electric Safety Code (NESC), Federal, State, codes and 1.1.3 T h e telephone reception quality received through the offender telephone system must to the tone quality offered t o the general public and meet standards for service quality. The State agency shall have final approval of 1.1.4 T h e telephone system must allow for pre-paid accounts by civilians and debit accounts minutes program) for incarcerated persons and residents. Controls will be placed civilian may only fund their account. Incarcerated persons and residents may fund account and the account of civilians on their 1.1.5 T h e offender telephone system must, upon request by the State agency or the preholder, generate and provide monthly account statements in either hardcopy formats to each called party regarding their pre8 State of Illinois Chief Procurement Office Contra V. 1.1.6 T h e telephone system must provide the called party the ability to block current and from any of the facilities listed in this solicitation. The offender telephone system the incarcerated person's call until the call has been accepted by the 1.1.7 T h e system must be accessible through the Internet using web browser software. must support multiple web browser software including current versions (N) o r current version (N-1) of Internet Explorer and Apple Safari. The system should using other web browser software such as Google Chrome, Opera, and Firefox. The aggressively monitor web browser releases with proactive testing (as Beta available) to ensure that the system does not have 1.1.8 P I N / PA N . The vendor shall provide software for issuing a unique PIN. This number will to track the calling patterns of incarcerated persons and residents, trace abuse calls, and restrict calls to specific locations and 1.1.9 T h e vendor's software shall be configured such that a unique PAN list will follow from facility 1.1.10 The vendor will accept currently issued PINs (active and inactive). The vendor's be configured such that an incarcerated person is issued one PIN upon incarceration PIN will stay the same throughout each 1.1.11 Voice 126.96.36.199 T h e Vendor shall provide software and related tools for civilians to leave for incarcerated persons 1.1.12 System 188.8.131.52 T h e Vendor shall provide a system that is configurable for watch lists, specific Incarcerated Persons and residents, timing limits on length of calls, day of calls, and the ability for the facility to turn off all phones from location by phone, living unit, housing unit, group, or facility. Vendor shall off keys when required 184.108.40.206 T h e Vendor agrees the telephone system must allow a called party to accept a one-time two (2) minute call from an incarcerated person normal call validation and screening processes (i.e. a new customer that established a per-paid account). Once the call has been completed, the contact the called party to establish a pre220.127.116.11 The Vendor shall supply a detailed definition o f system interfaces. interfaces should include any and all connections if applicable including services, systems, and external entities. The list should also include a the interface such as Open Database Connectivity (ODBC), Native SQL drive mappings State of Illinois chief Procurement Office contra V. 18.104.22.168 T h e vendor's data exchanged via Extensible Markup Language (XM L) standards for XML Structures 22.214.171.124 T h e Vendor agrees the telephone system will expose application interface (API) data interfaces so that automated data checking and capable of being implemented with other agencies and vendors in 126.96.36.199 T h e offender telephone system shall have the ability to import and export data variety o f standard formats, including fixed width, delimited, csv, xml, Microsoft 188.8.131.52 T h e Vendor shall provide an annual Technology Plan that identifies hardware and operating system software upgrades. Key elements to the include an executive summary, hardware strategy (including server strategy, connectivity strategy, router environment, and network and software strategy (including 0/5, DBMS, and independent product considerations). The State will review and approve the annual vendor must provide documentation related to technology upgrades 1.1.13 184.108.40.206 T h e Vendor will provide central digital recording of all completed traditional, TDD/TTY, VRS, and caption. Recordings must be accessible staff from approved devices (desktop, laptop, smart phone) in a common as WAV or MP3. A l l recordings shall be retained in accordance with AUDIT/RETENTION OF RECORDS policies listed in Section F.5. A t the end contract vendor will provide recordings to the State with applicable ensure the recordings remain 220.127.116.11 T h e Vendor agrees the telephone system must record and store each and the call detail as they occur in real-time to a central primary recording location and a secondary recording and storage location. F o r the purposes contract, real-time shall be defined as including a maximum sixty (60) second from the actual phone conversation to the primary and secondary storage solutions to account for the system traffic and necessary 18.104.22.168 T h e Vendor agrees that in addition t o the primary central location recordings they shall establish a secondary recording and storage location separate physical location in a separate building from the primary storage chosen by 1.1.14 Past 22.214.171.124 T h e Vendor shall provide storage for recordings and data from the current allow the State to use the data as part of its analysis. Data will be integrated vendor's data 1.1.15 Intelligence 1 State of Illinois Chief Procurement Office Contra V. 126.96.36.199 T h e Vendor shall provide a system that will provide analytical and related t o the inmate call system. S o f t w a r e shall include transcription software, and the ability t o import/export global justice Software must be capable of importing existing intelligence data contained State or other criminal justice agencies. Software must also include a search billing name and address verification via internet/public records. Vendor up to 40 hours per week of speech to text translation and 188.8.131.52 T h e telephone system shall have a feature activation code or speed dial (i.e. allow an offender to place an anonymous call to a predetermined location Confidential Informant). T h e same feature activation code shall b e used institutions. The vendor agrees the calls will be free to the incarcerated person the 184.108.40.206 I n all circumstances, the offender telephone system shall limit the offender to call request. T h e offender telephone system must always require the disconnect a call before initiating 1.1.16 Voice 220.127.116.11 The vendor will provide as part of the solution, software for voice biometrics system must be capable of non-controlled enrollment process. process used will be at the discretion of the state agency. Non-covert enrollment and vendor assisted enrollment are not 18.104.22.168 T h e system shall conduct an independent sample of caller via the system and store pattern matching algorithms of the subject and samples of the offender for voice pattern recognition to identify 22.214.171.124 T h e telephone system shall, a t a minimum, include t h e following identification capabilities f o r calls that include an incarcerated biometrics data. The telephone system must provide a report from each search and 126.96.36.199 The system shall allow searches on all calls on which an incarcerated signature and name appears whether or not that inmate initiated 188.8.131.52 The system shall allow searches on all calls where multiple voice signatures appear for IDOC/10.1.1 184.108.40.206 T h e system shall allow searches on all calls where an incarcerated signature and name is found on the same call as another inmate in correctional 220.127.116.11 T h e system shall identify the voice signature and name of a called party and calls in the call database in which that voice signature appears, whether talking to current or previously released State of Illinois Chief Procurement Office Contra V. 18.104.22.168 T h e Vendor must respond within twenty-four (24) hours of notification of outage. A minor outage is defined as a failure which is not designated as outage. M i n o r outages extending greater than thirty (30) clock automatically upgrade to a 22.214.171.124 T h e Vendor agrees all internal user components must be accessible to all end a minimum from 6:15 a.m. to 6:00 p.m. Central Time, seven (7) days a week 99.9% uptime 126.96.36.199 The Vendor agrees all public facing components must be accessible 24 hours seven days a week, and with a 99.9% uptime guarantee, except maintenance that has been mutually agreed upon between the vendor and 188.8.131.52 The Vendor agrees scheduled maintenance and down time must be off hours; hours that fall outside of the production time frame 184.108.40.206 The Vendor agrees all unscheduled downtime during these hours must be the designated 220.127.116.11 T h e Vendor agrees the telephone system must monitor and track times, and all other elements of the SLA for all system 18.104.22.168 Monthly reports shall be provided to State designated personnel to and application performance against all elements of 22.214.171.124 T h e Vendor shall develop a guide to be used in a disaster recovery guide must document the appropriate vendor contacts and the steps to be followed and the components to be moved in case a disaster offsite recovery o f the solution. This guide must document the vendor makes about the State's existing disaster recovery plan, the disaster recovery capacity, and the State's desired recovery time recovery point objectives. The vendor should develop this guide in the agency and must include several options to reflect and address the being made. The guide must identify specific responsibilities and tasks that expects or requires of the State in a disaster 1.1.19 Information Security. T h e Vendor shall provide their information security plan, policies, and procedures in place to ensure the protection of information received, recorde 126.96.36.199 A l l State of Illinois (S01) Data must be stored, processed, and retained United States. SOI Data should also be encrypted (at minimum 256-bit AES encryption) in transit and at rest. This requirement is derived from Section 5.3., wherein it states that "Fri cannot be accessed by agents, representatives, or vendors located offshore-outside of the territories, embassies or military installations. Further, FT! may not processed, stored, transmitted, or disposed of by information technology located offshore." T h e SOI recognizes Publication 1075 as a definitive 1 State of Illinois Chief Procurement Office Contra V. the case of FTI, and as a good business practice in all other instances confidential or protected data. As a result, a comprehensive Risk be conducted t o categorically exclude any potentially sensitive, protected data from this 188.8.131.52 The Vendor shall supply the database group with the logical and physical of the system and the associated data 184.108.40.206 T h e vendor shall supply a database 220.127.116.11 T h e vendor shall supply an application 18.104.22.168 A l l aspects of the system design and development shall meet industry practic 22.214.171.124 Vendor shall maintain a robust and reliable data backup system. Vendor a daily backup of the data and systems. Vendor must maintain at a (60) days of current data backups. A l l backups older than 60 days shall and securely transported to a secure external site. All backup data shall be accordance with the State's AUDIT/RETENTION OF RECORDS policies listed F.S. Daily backup reports of all successful/failed systems backups/archives provided t o the State. Data recovery must be accomplished w i t h slowdown of system functions. Vendor must provide a copy of all data to without delay upon request by 126.96.36.199 Ve n d o r shall only use State or Participant data, or State-related or data for the purposes stated in this Contract. Vendor shall not use State or data, or State-related or Participant-related data, for any other purpose, not limited to, data mining or bids on other government contracts. Vendor and/ agents shall not resell nor otherwise redistribute information gained from its the State or 188.8.131.52 Vendor will notify the State's Chief information Security Officer within 24 hours identified information breach or other security incident which impacts the or 184.108.40.206 I f not specifically addressed in other Vendor Information Technology vendor must adhere to State of Illinois and CMS technology and Procedures, Standar https://www2.illinois.govisitesidoit/support/policies/Pages/ 1.1.20 Future Growth and 220.127.116.11 A l l products furnished shall be new, unused, most recent manufacture, discontinued. Given the changing marketplace and the evolution of State, during any term o f the contract, may review new and maintenance and support services, or equipment offered by Vendorthat the scope of the contract. In addition, if an item becomes discontinued 1 State of Illinois Chief Procurement Office Contra V. not available during any term, the vendor may propose to substitute an better product. Any new technology the State takes advantage o f must, minimum, replace a function or solution that the contract 1.121 'DOC Addr Facili Big Muddy Centralia Danville Decatur Dix East Grah Hill Illinois Jacksonville Greene County Pittsfield 251 N. Illinois Ina, II 9330Shattuc PO Box Centralia, 3820 E Danville, 2310 E P.O. Box Decatur, 2600 N. Dixon, 100 Hillcrest East Moline, 12078 IL Hillsboro, 600 S. Linwood Galesburg, 1300 West Canton, 2260 East Jacksonville, Route Roodhouse, 23540 Pittsfield, 2848 West Joliet Treatment Kewanee Lawrence Lincoln Logan Men Pinckneyville Joliet, 2021 Kentville Kewanee, 10940 Lawrence Sumner, 1098 W Lincoln, 1096 W Lincoln, 711 Kaskaskia Menard, 5835 Stat Pinckneyville, IL # of Phon Bed 7 19 9 15 1 18 4 7 1 25 6 14 8 20 7 18 8 20 3 16 9 2 1 4 2 4 3 60 1 24 3 10 7 20 4 38 1 27 7 I State of Illinois Chief Procurement Office Contr V. I Rushville, 5 BB For procurements conducted in BidBuy, the State may include in this contract the Order as it contains the agreed Supplies and/ E l I f checked, see the attached BidBuy Purchase Order for a Description of Supplies and/ 1.2. MILESTONES AND DELIVERABLESt The Vendor will replace existing service and install new service IDOC facilities, DI; facilities, and DHS Rushville. Within 30 days of the execution of contract, shall present an implementation plan to the State for its approval. The plan shall include, at the specific tasks, major milestones, implementation dates, roles, responsibilities and implementation at each facility. The implementation plan will include a training schedule for statewide staff on the use of software and analysis tools, as well as marketing materials for facility staff, offenders, and friends 1.2.1. W i t h i n 30 days of the execution of contract, the Vendor will establish a data interface State and current vendor for files related to callers, existing PINs, and calling Vendor will present to the State file layouts and a plan for 1.2.2. W i t h i n 30 days of the execution of the contract, the Vendor will put in place the full representative, and said person will meet in person with 1.2.3. W i t h i n 30 days of the execution of this contract, the Vendor will submit to the State approval a list of proposed functional tests to be performed on the service installed institution. The tests proposed by the Vendor must be capable of demonstrating whether the service meets the requirements noted in the contract. T h e State will have the review the tests proposed by the Vendor, and to add additional tests and requirements deems necessary to demonstrate whether the service complies. T h e tests proposed Vendor, as approved, modified, and added to by the State, will constitute the Test 1.2.4. T h e phone implementation will be completed within 120 days. The remainder of deliverables shall be implemented within 180 days from the execution o f the accordance with the Implementation Plan described in 1.2.5, U p o n completion of the implementation, the Vendor shall provide a monthly report to on call volume by facility; format and data to be provided will be agreed to by the State Vend 1.2.6. W i t h i n 10 days of the termination of this contract the Vendor will provide to the designee, data pertaining to the call system and the recordings with software necessary State to search data, access and download 1.2.7. A f t e r transfer o f data back to the State o f Illinois and/or migration o f data t o a replacement system, and following verification o f the data, Vendor must purge any State's data that resides on its computer hardware or software. Vendor must perform in a manner no less restrictive than set forth in the requirements for "Purge" contained Special Publication 800-88, Appendix A: Minimum Sanitization Recommendation Containing Data, Agency reserves the right to verify that data has been properly prior to erasure and to ensure that the data has been removed per this must certify in writing the method used including the date and time of data 1 State of Illinois Chief Procurement Office Contra V. 1.2.8. Vendor must allow the State o f Illinois Technical Safeguards Unit the ability vulnerability scans at initial implementation and when there are major modifications syste 1.2.9. Ve n d o r must develop a System Security Plan (SSP) using the guidance f r o m Management Framework (RMF) (NIST SP 800-18) to establish an information In accordance with the Federal Information Security Management Act (FISMA) and compliance. Vendor will provide a security architecture diagram o f environment as applicable to the protection of the State's data and 1.2.10. Security Control Assessment — Vendor m u s t perform a n internal assessment. Guidance to conducting and documenting a Security Control Assessment obtained from NIST SP 800-53A Guide for Assessing Security Controls in Federal Systems. The results of this assessment will be documented in a Security (SAR) to be approved by 1.2.11. Security Risk Assessment: Once Vendor receives the approved SARI Vendor must then Security Risk Assessment based on the applicable security controls. Guidance to documenting the Security Risk Assessment can be obtained in NIST SP 1.2.12. Plan of Action and Milestones (P0A&M): After Agency reviews and approves the Assessment, Vendor shall develop a POA&M. The POA&M should be a living document based on the findings and recommendations of the security assessment report. The should describe the deficiencies in the security controls, address the residual risk plans for remediation. Vendor will provide the State monthly updates regarding remediation of identified deficiencies in 1.2.13. Life-Cycle Management: Vendor or its Business Associate shall perform security and reauthorization of the system at the direction of Agency. Vendor or its shall be responsible for meeting the following 18.104.22.168. Performing continuous monitoring o f the security system. monitoring must include periodically selecting a subset of the baseline assessment. Based on assessment of these controls, subsequent must be identified and implemented. The ongoing remediation process updating key documents such as the SSP and 22.214.171.124. Prior to any system or environmental modifications, Vendor must perform impact analysis. This must be included as a part of any change configuration management process. If the results of the modification to security posture o f the system, corrective actions should b e appropriate documents revised and updated. The updating of the continuous monitoring should provide near real-time risk 1.2.14. A monthly Security Status Report must be produced by the Vendor for Agency. Report should provide essential information regarding the security posture of the system as the effectiveness of the controls deployed. Ongoing monitoring activities should as well as ongoing remediation efforts to address known 1.2.15. Vendor shall have a documented security incident policy and procedure and must copy with 1 State of Illinois Chef Procurement Office contra V. 1.2.16. Vendor certifies it has undertaken independent third-party audit Statement on Attestation Engagements (SSAE-16) certifications and must provide the State with SOC 2 or equivalent certifications and other related documents, at initial implementation and annual basis 1.3 V E N D O R / STAFF SPECIFICATIONS: The Vendor's current employees who perform the services current contract are covered by a collective bargaining contract. In accordance with Illinois law 500/25 80), in order to be considered a responsible bidder and eligible for award you must (a) assume the collective bargaining obligations o f the prior employer, including any bargaining agreement with the bargaining representative of any existing collective bargaining units performing substantially similar work to the services covered by the contract subject to its Offer, and (b) offer employment to all employees currently employed in any existing performing substantially similar work that will be performed under this contract. By submitting a Offer to us you are certifying you will comply with 1.4 TRANSPORTATION AND DELIVERY: 1.5 Subcontractors For purposes of this section, subcontractors are those specifically hired to perform all or part work covered by the contract. I f subcontractors will be utilized, Vendor must identify below and addresses of all subcontractors it will be entering into a contractual agreement that has value of $50,000 or more in the performance of this Contract, together with a description of the be performed by the subcontractor and the anticipated amount of money to the extent the is known that each subcontractor is expected to receive pursuant to the Contract. sheets as 1.5.1 W i l l subcontractors be utilized? E Yes • Subcontractor Name: GS Tek Amount to be paid: 20% of Revenue, based on minutes from RFP Addendum Address: PO Box 1443, Suwanee, GA Description of work: PIN/PAN Processtng, Site Administration, On-Site Supp • Subcontractor Name: The ROSS Amount to be paid: 3% of Revenue, based on minutes from REP Address: 2131 White Oaks Drive, Springfield, Description of work: 1 State of Illinois Chief Procurement Office Contra V. additioN1 space is necessary to provide subcontractor information, ease additional 1.84 4111 contracts with the stibcontractors identifies:1,0(We Must includetthe Standard completed aM signed by the 5.1 I f the annual value of any the subcontracts is more theft $004,Q010,theo the Vendor i the State the Financial Disclosures and Conflicts of 4 4 I f the rA)bcontrattor Is registered in the Illinois Prottorrattent4ateway (IPG) and the Using the subContractor's Standard Certirtcatiett or Financial Disclosures eitti litteett front the IPG,, then the Vendor must also pit:Nide to the State a completed fortis the 1.5,5 i f a t e * tole during the term of the contract, VekuJor adds or changes any Vender wilt be required to Promptly notify, in Writtmsehe state Purchasing Otiker.20 Procurement Officer of the names and addressesand the expected amount Of alOney nevcbt replaced subcontractor wilt receive, ors uantio this contraCt: Any Into prior taaward of the Contrectare done at the sole risk of theVendor and 1 * , ItIcaAft9RVEN Yes 0 No This contract is for serViceS subject to 30 it.,CS' S00/25-80• Keating and_isir service contract% plumbing service contracts, and .electrical service Contracts subjett to this-requirentent. Non service contracts, construction based selection. 'contracts, and profet Oklal and artistic Seroices contracts SUbject to this if Ves Is thecked, then the (I) that ft shall offer to assurnethe Collective bargaining obligartionsel the prior employer, existing cotlettain:bargairting agreement with the ,bargaintrigrepre:sentadve Of any bargaining unit or units perforating SubStantially similar work to-the servbas covered by subject to Itsbid or (1)) that it shall offeremPlorhent te>911emPloVIRI current* 0004014P anY WIO•eettoftil substaritially stinger work to the Work thatWill be pertsrmed pursuant to 11)10:t:ertiticatiop, supersedes a response to,certifica don ill Form f, of-the Illinois 1. • WHEREfleSlaVitts qh•: Arg„.11N.BEPERFORMEDt o t h e r w i s e disclosed in this Section all services pe)fornled hI the United States I f the Vender performs thy services purchased hereunder cauntri, In violation oVthW provision ,,such action may be defined by the State as a breach of by Nitiodorshall disclose the locations where the services required shall be oeripritied ,and the anticipated voitte- of the services to be perforrried at each location. I f the Vendor Consideration in the. eValtiation based on work being performed in the United Slates, it shall be of contract if the Vendor shifts any suchvvOrkOutside the United Stites.: Steitor f rinQi C H M ' P t o t i l m r s t Office Cotitra V; • Location where services will be performed: Click here to Value of services performed at this location: Click here to • Location where services will be performed: Click here to Value of services performed at this location: Click here to State of Illinois Chief Procurement Office Contr V. 2 2.1 T Y P E OF PRICING: The Illinois Office of the Comptroller requires the State to Indicate contract value is firm or estimated at the time it is submitted for obligation. The total value contract 2.1.1 P r i c i n g for this solicitation shall comply with Public Act 099-0878, Specifically, Section 5 Act amended 730 US 5/3-4-1 by adding the following new paragraph, (a-5) Beginning January 1, 2018, the Department of Central Management Services with the qualified vendor who proposes the lowest per minute rate not exceeding 7 minute for debit, prepaid, collect calls and who does not bill to any party any tax, or additional fee exceeding the per minute rate, including, but not limited to, a n y surcharge, account set up fee, bill statement fee, monthly account maintenance refund fee as established by the Federal Communications Commission Order for state the Matter of Rates for Interstate Inmate Calling Services, Second Report and Order, 12-375, FCC 15-136 (adopted Oct. 22, 2015). Telephone services made available prepaid or collect call system shall include international calls; those calls shall be at reasonable rates subject to Federal Communications Commission rules and not to exceed 23 cents per minute. This amendatory Act of the 99th General to any new or renewal contract for inmate 2.1.2 Domestic Calls: The State requires that the Vendor state the firm, fixed rate per minute collect o r pre-paid call. T h e Vendor shall n o t charge called parties and/ discretionary fees in addition to the per-minute rate for collect and pre-paid calls; and federal fees/taxes; and the set-up charge per 2.1.3 International Calls: The State requires that the Vendor state the firm, fixed rate per international calls. The Vendor shall not charge called parties and/or offender's fees in addition to the offender's per minute rate for international calls; local, state, international fees/taxes; and the set-up charge per collect calls. International calls prepaid 2.1.4 Voicemail: The State requires the vendor to state a firm price for each voice mail incarcerated persons and DHS residents, and the percentage o f commission that reimbursed separately to 2.2 EXPENSES ALLOWED: Expenses are 2.3 D I S C O U N T: The State may receive a 0% discount for payment within N/A days of receipt invoic 2.4 V E N D O R ' S PRICING: Attach additional pages 2.4.1. Vendor's Price for the Rate in %IMO per minute —All Intrastate Calls (collect and $0.0 Rate in $0•000 per minute - International (pre- $0.2 Rate $0.000 $1.9 2 State of Illinois Chief Procurement Office Contr V. Commission Rate f o r Voice Mail o n l y compensate the State in % of gross Voice 0 I313 F o r procurements conducted in BidBuy, the State may include in this contract Purchase Order as it contains the E l I f checked, see the attached BidBuy Purchase Order for the Vendor's Price for the 2.4.2. Renewal Compensation: lithe contract is renewed, the price shall be at the same rate as initial term unless a different compensation o r formula f o r determining compensation is stated in 2.5 M A X I M U M AMOUNT: The total payments under this contract shall not exceed SN/A without amendme 2 State of Illinois Chief Procurement Office Contra V. 3 T E R M AND 1.1 T E R M OF THIS CONTRACT: This contract has an initial term of 7/1/2018 to 6/30/2021. I f a start not identified, the term shall commence upon the last dated signature of BB For procurements conducted in Bid Buy, the State may include in this contract the Order as it contains the LII I f checked, see the attached BidBuy Purchase Order for the Term of 3.1.1 I n no event will the total term of the contract, including the initial term, any renewal any extensions, exceed 3.1.2 Ve n d o r shall not commence billable work in furtherance of the contract prior to of the contract except when permitted pursuant to 30 US 3.2 Any renewal is subject to the same terms and conditions as the original otherwise provided in the pricing section. The State may renew this contract for any or all option periods specified, may exercise any of the renewal options early, and may than one option at a time based on continuing need and favorable market conditions, the best interest of the State. The contract may neither renew automatically nor renew the Vendor's 3.2.2. Pricing for the renewal term(s), or the formula for determining price, is shown in section of 3.2.3. T h e State reserves the right to renew for a total of 7 years in any one of the 3,2,3.1 One renewal covering the entire 3.2.3,2 Individual one-year renewals up to and including the entire renewal 126.96.36.199 Any combination of full or partial year renewals up to and including the allowanc 3.3 T E R M I N AT I O N FOR CAUSE: The State may terminate this contract, in whole or in part, upon notice to the Vendor if: (a) the State determines that the actions or inactions of the agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to or property, or (b) the Vendor has notified the State that it is unable or unwilling to contrac If Vendor fails to perform to the State's satisfaction any material requirement of this contract, violation of a material provision of this contract, or the State determines that the Vendor financial resources to perform the contract, the State shall provide written notice to the Vendor the problem identified within the period of time specified in the State's written notice. If not 2 State of Illinois Chief Procurement Office Contr V. that date the State may either: (a) immediately terminate the contract without additional or (b) enforce the terms and conditions of For termination due to any of the causes contained in this Section, the State retains its rights to available legal or equitable remedies 3.4 TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) written notice to Vendor, terminate this contract in whole or in part and without payment penalty or incurring any further obligation to 3.4.1. U p o n submission of invoices and proof of claim, the Vendor shall be entitled to for supplies and services provided in compliance with this contract up to and including of 3.5 O T H E R TERMINATION: The State may also terminate, in whole or in part, this contract notice pursuant to 3.6 SUSPENSION: T h e State may suspend, in whole or in part, this contract without pursuant to 3.7 AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the funds. The State, at its sole option, may terminate or suspend this contract, in whole or in penalty or further payment being required, if (1) the Illinois General Assembly or the source fails to make an appropriation sufficient to pay such obligation, or if funds needed are for any reason (30 ILCS 500/20-60), (2) the Governor or DolT reserves funds, o r (3) determines, in its sole discretion or as directed by the Office of the Governor, that a necessary or advisable based upon actual or projected budgetary considerations. Contractor notified in writing of the failure of appropriation or of a reduction or decrease and DoIT's terminate or suspend, In whole or in part, as soon as practicable. A n y suspension o r pursuant to this section will be effective upon the date of the written notice unless 2 State of Illinois Chief Procurement Office Contr V. 4 S T A N D A R D BUSINESS TERMS 4.1 P AY M E N T TERMS AND 4,1.1 L a t e Payment: Payments, including late payment charges, will be paid in accordance State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 Ill. Adm. Code shall be Vendor's sole remedy for late payments by the State. Payment terms Vendor's invoices shall have no force 4.1.2 Minority Contractor Initiative: Any Vendor awarded a contract under Section 20-10, 25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) of $1,000 or more is required to fee of $15. The Comptroller shall deduct the fee from the first check issued to the the contract and deposit the fee in the Comptroller's Administrative Fund. 15 ILCS 4.1.3 Expenses: The State will not pay for supplies provided or services rendered, expenses, incurred prior to the execution of this contract by the Parties even if date of the contract is prior 4,1.4 Prevailing Wage: As a condition of receiving payment Vendor must (i) be in compliance contract, (i1) pay its employees prevailing wages when required by law, (iii) pay its subcontractors according to the terms of their respective contracts, and (iv) provide to the State upon request. Examples of prevailing wage categories include printing, janitorial, window washing, building and grounds services, site natural resource services, security guard and food services. The prevailing wages are the Illinois Department of Labor (DOL) and are available on DOLls official website, which deemed proper notification of any rate changes under this subsection. Vendor is contacting DOL at 217-782 6206 or (htto://www.stoteAus/ooencv/idoi/index.htm) understanding of prevailing wage 4.1.5 Federal Funding: This contract may be partially or totally funded with Federal funds. funds are expected to be used, then the percentage of the good/service paid funds and the total Federal funds expected to be used will be provided to the In the notice of intent 4.1.6 Invoicing: By submitting an invoice, Vendor certifies that the supplies or services all requirements of the contraLt, and the amount billed and expenses incurred are as the contract. Invoices for supplies purchased, services performed and through June 30 of any year must be submitted to the State no later than July 31 of otherwise Vendor may have to seek payment through the Illinois Court of Claims. 105/25. All invoices are subject to statutory offset. 30 188.8.131.52 Vendor shall not bill for any taxes unless accompanied by proof that the State to the tax. I f necessary, Vendor may request the applicable Agency's exemption number and federal tax exemption 184.108.40.206 Vendor shall invoice at the completion of this contract unless invoicing is tied contract to milestones, deliverables, or other invoicing requirements agreed to contra 2 State of Illinois Chief Procurement Office Contr V Send invoices Agen N/ Att N/ Addre N/ City, State N/ E l See attached BidBuy 13B For procurements conducted in BidBuy, the Agency may include in this contract the Order as it contains the Bill 4.2 ASSIGNMENT: This contract may not be assigned, transferred in whole or in part by Vendor prior written consent of 4.3 SUBCONTRACTING: For purposes of this section, subcontractors are those specifically hired all or part of the work covered by the contract. Vendor must receive prior written approval of any subcontractors in the performance of this contract. Vendor shall describe, in an attachment already provided, the names and addresses of all authorized subcontractors to be utilized by the performance of this contract, together with a description of the work to be performed subcontractor and the anticipated amount of money that each subcontractor is expected pursuant to this contract. I f required, Vendor shall provide a copy of any subcontracts (15) days after execution of this contract. A l l subcontracts must include the same Vendor must make as a condition o f this contract. Vendor shall include in each subcontractor certifications as shown on the Standard Certification form available from the State. any time during the term of the Contract, Vendor adds or changes any subcontractors, must promptly notify, by written amendment to the Contract, the State Purchasing Officer or Procurement Officer of the names and addresses and the expected amount of money that each replaced subcontractor will receive pursuant to the Contract. 30 US 4.4 AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books relating to the performance of the contract or subcontract and necessary to support to the State pursuant the contract or subcontract. Books and records, including information databases or other computer systems, shall be maintained by the Vendor for a period of three from the later of the date of final payment under the contract or completion of the contract, and subcontractor for a period of three (3) years from the later o f final payment under the completion of the subcontract. I f Federal funds are used to pay contract costs, the Vendor subcontractors must retain their respective records for five (5) years. Books and records required maintained under this section shall be available for review or audit by representatives of: Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, Illinois internal auditors or other governmental entities with monitoring authority, notice and during normal business hours. Vendor and its subcontractors shall cooperate fully such audit and with any investigation conducted by any of these entities. Failure to maintain records required by this section shall establish a presumption in favor of the State for the any funds paid by the State under this contract or any subcontract for which adequate records are not available to support the purported disbursement. The Vendor or 2 State of Illinois Chief Procurement Office Contra V. not impose a charge for audit or examination of the Vendor's or subcontractor's books and ILCS 4.5 T I M E IS OF THE ESSENCE; Time is of the essence with respect to Vendor's performance of Vendor shall continue to perform its obligations while any dispute concerning the contract resolved unless otherwise directed by 4.6 N O WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise a right does not waive that Party's right to exercise or enforce that or other rights in 4.7 F O R C E MAJEURE: Failure by either Party to perform its duties and obligations will be unforeseeable circumstances beyond its reasonable control and not due to its negligence, of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental The non-declaring Party may cancel the contract without penalty if performance does not thirty (30) days of the 4.8 CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and may have or gain access to confidential data or information owned or maintained by the other the course of carrying Out its responsibilities under this contract. Vendor shall presume all received from the State or to which it gains access pursuant to this contract is information, unless clearly marked as confidential and exempt from disclosure under Freedom of Information Act, shall be considered public. No confidential data collected, used in the course of performance of the contract shall be disseminated except as authorized by with the written consent of the disclosing Party, either during the period of the contract or The receiving Party must return any and all data collected, maintained, created or used in the the performance of the contract, in whatever form it is maintained, promptly at the end of or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its The foregoing obligations shall not apply to confidential data or information lawfully in Party's possession prior to its acquisition from the disclosing Party; received in good faith from Party not subject to any confidentiality obligation to the disclosing Party; now Is or publicly known through n o breach o f confidentiality obligation b y t h e receiving Party; independently developed by the receiving Party without the use or benefit of the confidential 4.9 U S E AND OWNERSHIP: All work performed or supplies created by Vendor under this written documents or data, goods or deliverables of any kind, shall be deemed work for copyright law and all intellectual property and other laws, and the State of Illinois is granted exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns State all right, title, and interest in and to such work including any related intellectual and/or waives any and all claims that Vendor may have to such work including any so-called rights" in connection with the work. Vendor acknowledges the State may use the work product purpose. Confidential data or information contained in such work shall be subject to provisions of 2 State of Illinois Chief Procurement Office Contra V. 4.10 INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the State its agencies, officers, employees, agents and volunteers from any and all costs, losses, claims, damages, liabilities, settlements and judgments, including in-house attorneys' fees and expenses, arising out of: (a) any breach or violation by Vendor o f any certifications, representations, warranties, covenants or agreements; (b) any actual or alleged injury to any person, damage to any real or personal property, or any other damage or loss result in whole or in part from Vendor's negligent performance; (c) any act, activity o r Vendor or any of its employees, representatives, subcontractors or agents; or (d) any actual claim that the services or goods provided under this contrat t infringe, misappropriate, violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third accordance with Article VIII, Section 3.(a),(b) of the Constitution of the State of Illinois and Attorney General Opinion 78, the State may not indemnify private parties absent authority permitting the indemnification. N e i t h e r Party shall b e liable f o r consequential, or 4.11 INSURANCE: Vendor shall, at all times during the term of this contract and any renewals or maintain and provide a Certificate of Insurance naming the State as an additionally insured required bonds and insurance. Certificates may not be modified or canceled until at least thirty days' notice has been provided to the State. Vendor shall provide: (a) General insurance in the amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury Damage) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and Auto (Combined Single Limit Bodily Injury and Property Damage), in amount o f occurrence; and (c) Worker's Compensation Insurance in the amount required by law. not limit Vendor's obligation to indemnify, defend, or settle 4.12 INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an employee of, or joint venture with the State. All payments by the State shall be made on 4.13 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the the term of this contract to perform any work under this contract. Vendor shall give notice to the Agency's director if Vendor solicits or Intends to solicit State employees to perform under this 4.14 COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors shall all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal all license and permit requirements in the performance of this contract. Vendor shall be with applicable tax requirements and shall be current in payment of such taxes. Vendor shall its own expense, all licenses and permissions necessary for the performance of 4.15 BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security State may conduct, at its expense, criminal and driver history background checks of subcontractor's officers, employees or agents. Vendor or subcontractor shall immediately individual who, in the opinion of the State, does not pass the 2 State of illino's Chief Procurement Office Contra V. 4.16 APPLICABLE 4.16.1 PREVAILING LAW: This contract shall be construed in accordance with and is subject to and rules of the State 4.16.2 EQUAL OPPORTUNITY: The Department of Human Rights' Equal Opportunity incorporated by reference. 44 In. Am. 4.16.3 COURT OF CLAIMS; ARBITRATION; SOVEREIGN IMMUNITY: Any claim against the out of this contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505/1. shall not enter into binding arbitration to resolve any dispute arising out of this contract. The Illinois does not waive sovereign immunity by entering into 4.16.4 OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by unofficial version can be viewed at 4.17 ANTI-TRUST ASSIGNMENT: I f Vendor does not pursue any claim or cause of action it has Federal or State antitrust laws relating to the subject matter of this contract, then upon request Illinois Attorney General, Vendor shall assign to the State all of Vendor's rights, title and interest to the claim or cause 4.18 CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of Illinois the only State entity responsible for performance and payment under this contract. When Procurement Officer or authorized designee or State Purchasing Officer signs in addition to he/she does so as approving officer and shall have no liability to Vendor. When the Chief Officer or authorized designee or State Purchasing Officer signs a master contract on behalf agencies, only the Agency that places an order or orders with the Vendor shall have any liability Vendor for that order 4.19 EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract State agency if that business or any member of the unitary business group is an 4.20 NOTICES: Notices and other communications provided for herein shall be given in writing mail whenever possible. I f transmission via electronic mail is not possible, then notices communications shall be given in writing via registered or certified mail with return via receipted hand delivery, via courier (UPS, Federal Express or other similar and reliable carrier), facsimile showing the date and time of successful receipt. Notices shall be sent to the signed this contract using the contact information following the signatures. Each such notice deemed to have been provided at the time it is actually received. By giving notice, either change its contact 4.21 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in signed by authorized representatives of the Parties. A n y provision of this contract void, unenforceable, or against public policy, shall be ignored and the remaining provisions interpreted, as far as possible, to give effect to the Parties' intent. A l l provisions that by 3 State of Illinois Chief Procurement Office Contra V. would be expected to survive, shall survive termination. In the event of a conflict between and the Vendor's terms, conditions and attachments, the State's terms, conditions and shall 4.22 PERFORMANCE RECORD / SUSPENSION: Upon request of the State, Vendor shall meet performance or provide contract performance updates to help ensure proper performance contract. The State may consider Vendor's performance under this contract and compliance and rule to determine whether to continue the contract, suspend Vendor from doing with the State for a specified period of time, or whether Vendor can be considered specific future contract 4.23 FREEDOM OF INFORMATION ACT; This contract and all related public records maintained to or required to be provided to the State are subject to the Illinois Freedom of Information Act (50 ILCS 140) notwithstanding any provision to the contrary that may be found in 4.24 SCHEDULE OF WORK: A n y work performed on State premises shall be done during designated by the State and performed in a manner that does not interfere with the State personn 4.25 WARRANTIES FOR SUPPLIES 4.25.1. Vendor warrants that the supplies furnished under this contract will: (a) conform standards, specifications, drawing, samples or descriptions furnished by the State by the Vendor and agreed to by the State, including but not limited to all as exhibits hereto; (b) be merchantable, of good quality and workmanship, and defects for a period of twelve months or longer if so specified in writing, and fit for the intended use; (c) comply with all federal and state laws, regulations pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) good title and be free and clear of all liens and encumbrances and; (e) not infringe copyright or other intellectual property rights of any third party. Vendor agrees the State for any losses, costs, damages or expenses, including without attorney's fees and expenses, arising from failure of the supplies to meet such 4.25.2. Vendor shall ensure that all manufacturers' warranties are transferred to the State provide to the State copies of such warranties. These warranties shall be in addition to warranties, express, implied or statutory, and shall survive the State's payment, inspection or failure to inspect 4.25.3. Vendor warrants that all services will be performed to meet the requirements of this an efficient and effective manner by trained and competent personnel. Vendor performances of each individual and shall immediately reassign any individual who perform in accordance with this contract, who is disruptive or not respectful of others workplace, or who in any way violates the contract or 3 State of Illinois Chief Procurement Office Contra V. 4.26 REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall Immediately notify the any event that may have a material impact on Vendor's ability to perform EMPLOYMENT TAX CREDIT: Vendors who hire qualified veterans and certain ex-offenders eligible for tax credits. 3 5 ILCS 5/216, 5/217. Please contact the Illinois Department (telephone #: 217-524-4772) for information about 4.27. SUPPLEMENTAL TERMS: Notwithstanding any provision to the contrary in the Vendor's terms and conditions, or in any licensing agreement 4.27.1 The procuring Agency and the State do not waive 4.27,2 The procuring Agency and the State do not consent to be governed by the laws of other than 4.27.3 The procuring Agency and the State do not consent to be represented in any legal any person or entity other than the Illinois Attorney General or his or 4.27.4 The procuring Agency and the State shall not be bound by the terms and conditions any click-wrap agreement, click-wrap license, click-through agreement, clickend user license agreement or any other agreement or license contained or referenced software or any quote provided by Vendor, except as attached to 4.27.5 The procuring Agency and the State shall not indemnify Vendor or its subcontractors any equipment manufacturers or software 4.27.6 Vendor shall indemnify the procuring Agency and State pursuant to the terms and Section 4.10 of the 4.27.7 Vendor's liability shall be governed by the terms and conditions contained in Section 4.10 Contra 3 State of Illinois Chief Procurement Office Contr V S. S U P P L E M E N TA L S i . S TAT E SUPPLEMENTAL El A g e n c y Click here to E l R e q u i r e d Federal Clauses, Certifications Click here to E l P u b l i c Works Requirements (construction and maintenance of a public work) 820 ILCS Click here to E l P r e v a i l i n g Wage (janitorial cleaning, window cleaning, building and grounds, site natural resources, food services, and security services, if valued at more than $200 per $2,000 per year or printing) 30 ILCS Click here to E l A g e n c y Specific Terms Click here to El O t h e r Click here to 5.2. V E N D O R SUPPLEMENTAL Exhibit A —Securus Statement of Work—Attached hereto and incorporated by State of Illinois Chief Procurement Office Contr V. EXHIBIT A - Securus Statement This Statement of Work ("SOW") is by and between the Department of Innovation and Technology ("you" and Securus Technologies, Inc., ("we," "us," or "Provider") and is part of the Standard Contract Form "Agreement") between Customer The parties agree 1. Applications. This SOW specifies terms and conditions under which we will provide certain inmateand applications (the "Application(s)") 2. U s e of Applications. You grant us the exclusive right and license to install, maintain, and derive revenue Applications through our inmate systems (including, without limitation, the related hardware and software) "System") located in and around the inmate confinement facility or facilities identified in the Schedule (the "Facilities"). You are responsible for the manner in which you and your respective users use the 3. Software License. We grant you a personal, non-exclusive, non-transferable license (without the right to to access and use certain proprietary computer software products and materials in connection with the (the "Software"). T h e Software Includes any upgrades, modifications, updates, and additions to existing we implement in our discretion (the 4. Ownership and Use. Notwithstanding any other provision of the Agreement, including but not limited 220.127.116.11 and 4.9, we (or our licensors, if any) have and will retain all right, title, interest, and ownership in and to Software and any copies, custom versions, modifications, or updates of the Software, (ii) the System, (iii) documentation, and (iv) any trade secrets, know-how, methodologies, and processes related to our System, and our other products and services (the "Materials"). The Materials constitute proprietary trade secrets of Provider and its licensors, whether or not any portion thereof is or may be the subject of copyright S. Confidentiality and Non-Disclosure. T h e System, Applications, and related call records and information "Confidential Information") will at all times remain confidential to Provider. Customer understands and that Provider, as a common carrier, is required by Section 222 of the Communications Act of 1934, as U.S.C. Section 222, to maintain the confidentiality of "Customer Proprietary Network Information", or protects from disclosure consumers' sensitive personal information (including phone numbers called by a frequency, duration, and timing of such calls; and any services purchased by the consumer). Customer acknowledges that such Confidential Information may be exempt from public disclosure and you agree that you disclose such Confidential Information to any third party without our prior written consent. Because you will be access confidential information of third parties that is protected by certain federal and state privacy laws Software and Applications, you will only access the Software with computer systems that have effective anti-virus 6. Customer acknowledges that the information available through the below described personally identifiable information and that it is Customer's obligation to keep all such accessed Accordingly, Customer will (a) restrict access to such Applications to those law enforcement personnel who have to know as part of their official duties; and (b) ensure that its employees (i) obtain and/or use information such Application only for lawful purposes. Furthermore, Customer understands and acknowledges that all used and obtained in connection with each such Application is "AS IS." Customer further understands and that such Applications uses data from third-party sources, which may or may not be thorough and/or accurate, Customer will not rely on Provider for the accuracy or completeness of information obtained through such 3 State of Illinois Chief Procurement Office Contra V 18 CALL MANAGEMENT DESCRIPT Secure Call Platform: Secure Call Platform ("SCP") provides through its centralized system automatic placement by inmates without the need for conventional live operator services. In addition, SCP has the ability to do (a) monitor and record inmate calls, (b) prevent monitoring and recording of private calls (i.e., attorney clergy calls, or other calls as approved and implemented by you); private number settings allow you to mark not to be monitored or recorded, and you are solely responsible for identifying, approving and disabling private treatment; (c) automatically limit the duration of each call to a certain period designated by us, (d) detail records In accordance with our standard practices, (e) automatically shut the System on or off, and (f) calls to the extent required by applicable law. W e will be responsible for all billing and collections of charges but may contract with third parties to perform such functions. SCP will be provided at the Facilities the chart SCP also includes the ability to Integrate inmate Debit accounts. A Debit account is a prepaid, inmateused to pay for inmate telephone calls. A Debit account is funded by transfer of inmate's facility account funds to inmate's Debit account. Provider establishes inmate Debit accounts which are associated inmate's Personal Identification Number ("PIN"). Provider requires inmate to key in his/her PIN at the every Debit call to complete the call and pay for the call using the inmate's Debit account, I f agrees to have the Debit module of Provider's SCP Call Management System enabled for the Facilities to account to inmates. I f implemented, Customer also agrees to use Provider's SCP User Interface or utilize with Customer's trust account system to process inmate's fund transfer requests. Notwithstanding, Provider will responsible for any delays due to (I) Customer's failure to perform any of its obligations for the project; (ii) Customer's vendors' failure to perform any of its obligations for the project; or (iii) circumstances outside control. In addition, Provider will invoice Customer on a weekly basis for all funding amounts transferred facility trust/commissary accounts to Inmate Debit accounts. The invoice will be due and payable CENTRALIZED NET CENTRIC, VOIR, DIGITAL TRANSMITTED CALL DESCRIPT Secure Calling Platform User Interface. W e will provide you with the Software regarding the Secure Interface ("S-Gate User Interface") which may be used only on computers and other equipment that meets the specifications in the chart below, which we may amend from time to time ("Compatible represents that (i) it will be responsible for distributing and assigning licenses to its end users; (ii) it will use the Interface for lawful purposes and will not transmit, retransmit, or store material in violation of any federal or or regulation; and (iii) it will monitor and ensure that its licensed end users comply with all Provider Use Conditions and as WORKSTATION Proces 2 gigahertz (GHz) or Operating Brows Windows XP*, Windows Vista, Dri Vendor supports the latest widely At least 1 gigabyte (GB) of RAM (2GB recommended) Windows 7 may require CD-RW or DVD- Displ Super VGA (1,024 x 768) or higher resolution Peripher Interne Keyboard and Microsoft Mouse or compatible M Installed High speed Internet access (dial up is Microsoft Silverlight 4.0 or newer, 3 State of Illinois Chief Procurement Office Contra 4, Adobe Reader 9.5 or newer, Microsoft Office Quick Time 7 or newer, Windows Media WinZip or other *XP Media center supporte THREAD DESCRIPT The THREADS" application allows authorized law enforcement users to analyze corrections and from multiple sources to generate targeted investigative leads. THREADS' has three main components: data review, and data import. In addition, THREADS" offers an optional "community" feature, which correctional facilities to access and analyze corrections communications data from other correctional facilities community and data imported by other community members. Customer's use o f THREADS" is governed conditioned upon the terms set COMPENSATI The cost of THREADS" was considered and included in offering the other terms COMMUNITY Customer has elected to opt in to the community feature, and Customer will determine which applicable. The community feature allows authorized users access to analyze communications data other corrections facilities within the community, as well as any data imported or added by other members. Customer acknowledges and understands that data from its facility or facilities will be made available community for analysis and review. IDOC has the ultimate right to opt in or out of this feature at INVESTIGATOR DESCRIPT Investigator Pro" is a telephone safety, security, and investigative feature of SCP. Investigator Pr0TM voice identification technology to determine what inmate(s) are speaking on the call, detect certain threeviolations, and help investigators find correlations between calls that might otherwise go COMPENSATI The cost of Investigator Pr0TM was considered and included in offering the other terms ICER DESCRIPT The ICER" system provides authorized users the means t o detect intra- and inter-Facility inmatecommunications from multiple sources to generate targeted AUTOMATED INFORMATION The AIS" Volcemall feature is a one-way communication product that allows friends and family members facility to leave a 45-second voicemail for an inmate providing a quick way for friends and family communication or deliver timely information to an inmate prior to a scheduled phone call or AISTM Voicemail — If deployed, friends and family will pay up to a S1.99 usage fee for each voicemail VIDEO RELAY DESCRIPT 3 State of Illinois Chief Procurement Office Contra V•18 Securus' Video Relay Service application ("VRS") provides a fully integrated video relay service offering into Call Platform (SCP) allowing critical call controls to be maintained. This service allows deaf and hard-ofthe ability to communicate with friends and family via a videoconferencing service. Vendor will install one per facility at an agreed location in such facility, unless otherwise agreed to by COMPENSATI The cost of VRS was considered and included in offering the other terms VRSTERMS 1. Customer understands and agrees that it is solely responsible for a. Determining which inmates are eligible to b. Providing inmates access to the VRS c. Configuring SCP to allow eligible inmates access to the VRS application on ConnectUsd. Designating which VRS numbers for which calls are not to be recorded, by marking those "private" 3 State of Illinois Chief Procurement Office Contra V.