Prison Phone Justice

STATE OF RHODE lSLAND ~DEPARTMENT OF CORRECTIONS

CONCESSION CONTRACT AGREEMENT
This agreement, made and entered by and between the State of Rhode Island,
Department bf Corrections (hereafter called "DOC"), and Securus Technologies, Inc. of
4000 International Parkway, Carrollton, TX 75007, hereinafter called 11 the contractor", is
a sqpplemental document to an official state purchase order, the State of Rhode Island
General Conditions of Purchase (RI General Conditions), and to the contractor's
submission to State Solicitation RFP 7554485 dated 11 /03/2017.
1. TERM: This agreement will begin on October 15, 2018 and end on October 14,
2021, unless dictated otherwise by the purchase order/price agreement whichever is
later. At the end of the three year term, the contract may be renewed on an annual
basis for up to two additional one year periods at the discretion of the State.
2. SCOPE OF SERVICE: The contractor will carry out the assignment in a prompt and
satisfactory manner as determined by DOC and in accordance with the State of Rl's
general conditions, the specifications and timelines outlined in RFP 7554485 and the
contractor's response to the RFP. Such services include but are not limited to:
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The provision of a web-based, secure call platform for an inmate calling
system housed on a voice over internet as outlined in the contractor's RFP
response. Telephone services include the provision of PIN and voice
verification based local exchange service, intra and inter-LATA long distance
service and international long-distance services. All services shall include
collect and inmate debit-based payment options.
o An Inmate Debit account is a prepaid, inmate-owned account used
to pay for inmate telephone calls. A Debit account is funded by
transfer of inmate's facility trust/commissary account funds to
inmate's Debit account.
Contractor establishes inmate Debit
accounts which are associated with the inmate's Personal
Identification Number ("PIN"). Contractor requires inmate to key in
his/her PIN at the beginning of every Debit call to complete the call
and pay for the call using the inmate's Debit account.
If
implemented, DOC agrees to have the Debit module of
Contractor's SCP Call Management System enabled for the
Facilities to offer Debit accounts to inmates. If implemented, DOC
also agrees to use Contractor's SCP User Interface or utilize
integration with DOC's trust account system to process inmate's
fund transfer requests. Notwithstanding, Contractor will not be
responsible for any delays due to (i) DOC's failure to perform any of
its obligations for the project; (ii) any of DOC's vendors' failure to
perform any of its obligations for the project; or (iii) circumstances
outside of Contractor's control.
• Replacement and provision of all inmate telephone instruments and related
wiring connecting the eight correctional facilities located on the Pastore
Center. Telephone instruments shall be Wintel brand 701 o with ah armored
handset chord or newer model with built-in user controlled volume adjustment

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ahd meet ADA requirements.
Provide restrictive housing telephone handsets and TDD/TTY instrument as
defined in the RFP response.
Provide a video visitation function for inmates with special conditions. The
instrument shall be mobile for placing telephone calls and mirror the
functionality of the larger system.
Provide inmate calling system servers as required.
Provide a centralized database maintained by the contractor.
Provide a digital call recording system with on-site and off-site storage.
Provide:
o THREADS data analytics tool
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THREADS TM offers an optional "community" feature, which
allows member correctional facilities to access and analyze
corrections communications data from other correctional
facilities within the community and data imported by other
community members.
DOC opts in to the Community
Feature.
o Investigator Pro investigative tools
o voice biometrics ICER
o Automated Information Services
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Contractor will provide the Automated Information Services
(AIS™) as described herein.
Once Facility staff has
uploaded all required information, the system is able to
automate information such as Commissary Balances
(pending MIS system data flow); Charge Information; Court
Appearance Dates, Times, Locations; Bond Amounts,
Types; Projected Release Dates; and Visitation Eligibility,
Times. The application is accessed through a telephone IVR
system and provides all information automatically without
staff intervention 24/7.
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Automated Information Services is configurable to meet the
specific needs of Customer's Facility. The standard AIS
options include automation of inmate and Facility information
to (1) constituents who call Customer's existing main
telephone number; and (2) inmates at Customer's Facility
using the inmate telephone system. The following options
are currently .:wailable for AIS:
• Ability to open or fund a Securus pre·-paid telephone
account (AdvanceConnect)
• Ability to fund an inmate phone account (Inmate Debit
where available)
• Ability to supplement inmate deposit services by
funding an inmate trust account
• Ability to leave a voice mail (AIS ™ Jail Voicemail). If
deployed, friends and family will pay up to a $1.99
usage fee for each voicemail they leave.
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three-way call detection
remote call forwarding detection
eliminate the ability for secondary dialing
prevent 11 switchook" dialing and call,.;forwarding
Dial to number time limitations
Dual tone, multi-frequency detection
fraud controls
incoming call prevention
frequently called numbers with defined parameters
informant line.
scan patrol
reverse lookup
word spotting
live call monitoring capabilities

Provide designated DOC .staff with real-time call alerts/notifications,
notifications based upon defined parameters established by the DOC's
Investigation Unit, including call notifications made to wireless phones or
those notifications/monitoring activities defined under the COVERT Alert
function.
Provide 1.0 full time site administrator and 2.0 full time site technical staff
dedicated on-site at the Pastore Center to support operations.
Provide a direct, automated interfaced payment option with the DOC's inmate
accounts banking system provided by Keefe Corp., Inc. which would establish
a direct debit function from the established inmate trust account banking
system. Such payment option shall have the ability to be established via
housing module kiosks that should have interface capability between the
inmate commissary and trust fund banking system.
Provide a video visitation system.
o Contractor will deploy a Video Visitation System as specified in the
Securus Inmate Services Platform - Price List below during the
Term of the Agreement. The Video Visitation System runs on the
ConnectUs Inmate Service Platform. ConnectUs is a secure,
comprehensive inmate communications and services platform that
allows for the consolidation of assorted inmate activities in a single,
unified interface with a customized mix of applications. ConnectUs
allows inmates to use multiple applications at the same time and
automatically prioritizes scheduled commwnications events to take
precedence aver non-scheduled events.
o The upfront and recurring operational costs for the deployment,
management and support of the Video Visitation System are set
forth in the Securus Inmate Services Platform - Price List below
(the "Total Costs"). Contractor will pay the Total Costs.

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Securus Inmate Services Platform - Price List

HardWare

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Terlll'.

One-Time Cost
Annual Uoense & Malnlonanoe Cool (per year)
Total Cost: $
.seouru• lnvastmont s
customer lnvestmont $

3

335,500
~2,500

433,000
4~.000

• Customor responsible for eleatrlcal v.iring
~ Customer respansible for JM6/Commlssafl' Integration Fees, If epplloable

3. SOFTWARE LICENSE AGREEMENT: The contractor grants the DOC a personal,
non-transferable license (withoµt the right to sub license) to access and use certain
proprietary computer software products and materials (the "Software") in connection
With the provided services and applications (the "Application(s)"). The DOC
represents it will be responsible for assigning licenses to its end users and will
monitor and ensure that its licensed end users comply with all terms and conditions
outlined by the Contractor. The Software includes any upgrades, modifications,
updates and additions to existing implemented features. Updates may not include
additional features and significant enhancements to existing functionalities. The
DOC agrees to be the license holder of any third party software products obtained
by the Contractor on the DOC 1s behalf. The DOC authorizes the Contractor to
provide or preinstall the third party software and agree to third party end user license
agreements made on DOC's behalf. The rights to use the third party software
product will be limited by the terms of the underlying license obtained by the
Contractor and agree that the software is to be used solely for internal business
purposes in connection with the applications at the facilities. The DOC agrees to not
(i) permit any parent, subsidiary, affiliated entity, or third party to use the Software,
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(ii) assign, sublicense, lease, encumber, or otherwise transferor attempt to transfer
the Software or any portion thereof, (iii) process or permit to be processed any data
of any other party with the Software, (iv) alter, maintain, enhance, disassemble,
decompile, reverse engineer or otherwise modify the Software or allow any third
party to do so, (v) connect the Software to any products that the Contractor did not
furnish or approve in writing, or (vi) ship, transfer or export the Software into any
country, or use the Software in any manner prohibited by the export laws of the
United States. The DOC agrees that the Contractor is not liable for use of the
Software by the DOC in a prohibited manner.
4. OWNERSHIP and USE: The system, Applications, and Software will, at all times,
remain the Contractor's sole and exclusive property unless prohibited by law. The
DOC shall retc:~in ownership of all related data, information and data recordings but
agrees that the Contractor shall have the right to use such records, data and
information. The Contractor has and will retain all right, title, interest and ownership
in and to (i) the Software and any copies, custom versions, modifications, or updates
of the software, (ii) all related documentation, and (iii) any trade secrets, know-how,
methodologies, and processes related to the application, the system and other
products and services (the ''materials"). The materials constitute proprietary
information and trade secrets of the Contractor and its licensors, whether or not any
portion thereof id or may be the subject of a valid copyright or patent.
5, LEGALITY/LIMITED LICENSE AGREEMENT: For services related to applications
which may allow the DOC to monitor and record inmate or other administrative
telephone calls; by providing the application the Contractor makes no representation
or warranty as to the legality or recording or monitoring inmate or administrative
telephone calls. Further, the DOC retains custody and ownership of all recordings;
however, the DOC grants the Contractor a perpetual limited license to compile,
store, access recordings or inmate calls for purposes of (i) complying with the
requests of officials at the facilities, (ii) disclosing information to requesting law
enforcement and correctional officials as they may require for investigative,
penological or public safety purposes, (iii) performing billing and collection functions,
or (iv) maintaining equipment and quality control purposes. This license does not
apply to recordings of inmate calls with their attorneys or to recordings protected
from disclosure by other applicable privileges.

6. PRIVATE NUMBER DESIGNATION: The Contractor will provide the DOC with the
ability to designate certain numbers (for example, attorney numbers) as "private"
with the inmate telephone system. Calls to numbers designated as private will not
be recorded by the Contractor. The Contractor will maintain a private list within the
calling system and the DOC acknowledges and agrees that the DOC will have the
sole discretion, authority, anq responsibility for designating numbers as private, and
that the Contractor has no discretion, authority or responsibility for making such
designations, unless done so at the DOC's instruction.

7. CONFIDENTIALITY and NON-DISCLOSURE:

The system, Applications, and
related call records and information will at all times remain confidential to the
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Contractor. The DOC understands and acknowledges that the Contractor, as a
common carrier, is require by Section 222 of the Communications Act of 1934, as
amended, 47 U;S.'C. Section 222, to maintain the confidentiality of "Customer
Proprietary Network Information", or "CPNI", which protects from disclosure
consumers' sensitive personal information (including phone numbers called by the
consumer; the frequency, duration, and timing of such calls; and any services
purchased by the consumer). The DOC understands and acknowledges that such
confidential may be exempt from public disclosure and agrees to not disclose such
confidential information to any third party without written consent. The DOC will be
able to access confidential information of third parties that is protected by certain
federal and state privacy laws through the software and application and, as a result,
the DOC agrees· to only access the software with computer systems that have
effective firewall and anti-virus protection. The DOC agrees not to disclose
information deemed proprietary or confidential unless required by court order.
Before complying with such order, the DOC will inform the Contractor so that the
Contractor may assert any rights to non-disclosure under the applicable law.
8. COMPENSATION: This agreement has no dollar value incurred by the DOC and all
revenue received is from use of the system by the inmate population. Rates for
usage are as follows*:

Collect
Pre-paid collect
Pre~paid debit

$0.00
$0.00
$0.00

$0.019
$0.019
$0.019

$0.010
$0.010
$0.010

$0.029
$0.029
$0.029

Collect
Pre-paid collect
Pre-paid debit

$0.00
$0.00
$0.00

$0.400
$0.400
$0.400

$0.010
$0.010
$0.010

$0.416
$0.410
$0.410

*Plus applicable taxes, fees, and surcharges.
9. REPORTING REQUIREMENTS:
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The Contractor agrees to develop a range of reports based upon the needs of

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----the DOC and keep and maintain a record of time spent in performing the
services required and to present such records to the contract manager upon
request.

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The DOC or its authorized representative(s) shall have the right at all times to
inspect the work performed or being performed under the terms of this
agreement as well as the places where such work is performed, and to that
end, such representative(s) shall be given access to all activities related to
this agreement. The Contractor recognizes that any reports, forms, or other
documents produced under the term of this agreement shall remain the
property of the Department of Corrections.
Specific reports will be submitted to the
Warden Sergio DeSousarosa
39 Howard Avenue
Administration B Building
Cranston, RI 02920
Tel#: (401) 462-0670
Fax#: (401) 462-5170
E-Mail Address: Sergio.Desousarosa@doc.ri.gov

contract

administrator:

10.APPLICABLE LAWS AND STATE POLICIES:
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The Contractor agrees that while engaged in carrying out and complying with the
terms and conditions of this Agreement, he/she is not an employee within the
classified, unclassified, or non-classified service of the State as defined in the
Merit System Law, R.l.G.L. 36-3-1 and following, and R.l.G.L. 36-4-1 and
following, but instead, the Contractor is providing services on a limited contract
basis. The contractor also agrees that he/she is entitled to no benefits of any
kind, to include but not limited to, vacation, sick leave, overtime, seniority, union
membership, personal days; jury leave, medical insurance (to include dental and
ophthalmology benefits), life insurance, military leave benefits; retirement
bE3nefits, separation benefits, and any other benefit normally given to employees
of the State of Rhode Island. For the purpose of this contract, the only
contribution of any kind that shall be made by the State as the employer shall be
those that are required by Federal or State statute. All other contributions are the
sole and exclusive responsibility of the Contractor.
The Contractor also
recognizes that he/she is employed at will, and that this employment can be
terminated without recourse or appeal for any reason, or for no reason, by the
State of Rhode Island. No promises of any kind have been made as to any
renewal of this contract. This contract is for professional and administrative
services, and as such, unless required by law, there shall be no overtime paid for
any function associated with this contract. If this contract is terminated for any
reason, the only and sole recovery the Contractor shall be entitled to shall be for
payment of services rendered up to and including the date of the receipt of the
notice of the termination of the contract.

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Criminal Background Check: The Contractor, its agents, employees, or
partners, who will work within the correctional institutions are subject to a criminal
background check. A criminal record, including pending criminal charges, may
be grounds for rejection. The contractor must complete required Department
security training, which will include a police records check. The Department
retains the right to refuse entrance to the contractor with felony convictions,
pending charges, misdemeanor drug convictions or who are on probation.
Access to correctional facilities requires adherence to rigid security rules as far
as property search, contact with inmates etc. Final approval of the Contractor
rests with the Department of Corrections.
Neither the Contractor nor its agents, employees, or partners shall be deemed to
be an employee, agent, or servant of RIDOC. The Contractor will be solely and
entirely responsible for its acts and the acts of its agents, employees, servants,
subcontractors, partners and volunteers during the performance of this
Agreement.

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Anti-Discrimination: No person shall, on the grounds of race, color, sex,
religion, handicap, age, or national origin, gender, or sexual orientation, .be
excluded from participation in, denied the benefits of, or be subject to
discrimination under the terms of this agreement. The Contractor agrees to
comply with the provisions of Title VI of the Civil Rights Act of 1964, Section 504
of the Rehabilitation Act of 1973; Executive Order No. 85-11 on Equal
Opportunity and Affirmative Action, Americans with Disabilities Act, 42 U.S.C.
12101, et. seq.; Age Discrimination in Employment Act, 29 U.S.C. 620 et. seq.;
Portal to Portal Act, 29 USC 250 et. seq.; the Fair Employment Practices Act, R. I.
G.L. §28-5-1; the Equal Pay Act, 29 U.S.C. §201, et. seq.; the Civil Rights of
People with Disabilities Act R.l.G.L. §42-87-1, et. seq.; the Family Medical Leave
Act, §28-48-1 et. seq.; Fair Labor Standards Act, 29 U.S.C. §201 et. seq.; Merit
System Act, R.l.G.L. §36-4-1, et. seq.; and all applicable rules and regulations
issued thereunder. The Contractor further agrees to safeguard information in a
manner that guarantees confidentiality.

"

Drug Free Workplace: The Contractor agrees to comply with the Department's
policy on a Drug Free Workplace. Copies of the policy and its requirements are
available at the DOC's Human Resources Office.

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Security Provisions: The Contractor and any employee or agent of the
Contractor are subject to the security provisions of DOC's Policy and Procedure,
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Procedures for Contractors at Institutional Facilities", which shall be available for
inspection for the Contractor.

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Civil Rights Requirements: The Contractor shall submit a Certification of
Compliance with applicable civil rights laws and regulations. These laws and
regulations relate to issues concerning Equal Employment Opportunity, Limited
English Proficiency and other anti-discrimination laws. Submission of an Equal
Opportunity Plan may also be required.

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Health Insurance Portability & Accountability Act (Privacy Act): The
Contractor agrees to not use or disclose Protected Health Information other than
as permitted or required by the Agreement or as Required by Law. The
Contractor agrees to use appropriate safeguards to prevent use or disclosure of
the Protected Health Information other than as provided for by this Agreement.
The Contractor agrees to provide access, at the request of the covered entity, to
Protected Health Information within five (5) days of request. The Contractor
agrees to document disclosures of Protected Health Information and information
related to such disclosures as would be required for Covered Entity to respond to
a request by an Individual for an accounting of disclosures. The Contractor
agrees to comply with the "Privacy Rule," further defined as the Standards for
Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part
164, subparts A and E.

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Report of Political Contributions: Any vendor who obtains a State contract in
writing or purchase order to provide goods and/or services, and whose charges
to the State exceed $5,000 or more; or upon payment to a Contractor being
made in excess of $5,000 in any State fiscal year, is required to file a form
declaring the vendor's political contributions in excess of $250 to candidates for
State offices or the General Assembly. Upon payment to a vendor being made
in excess of $5,000 year-to-date, the Contractor will receive from the Department
of Administration a form prepared by the Secretary of State upon which to make
such declaration. The Contractor must immediately file an "Affidavit of State
Vendor'1 • The Contractor shall update said form as future political contributions
subject to this reporting requirement are made, consistent with the schedule for
such reporting imposed by the Board of Elections. Failure to fill out or update
said form accurately, completely and in conformance with its terms, or to file it
with the Secretary of State within 60 days of receipt, will amount to a violation of
these terms and conditions and may render the Contractor ineligible for further
State
contracts.

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The Contractor agrees to all provisions of Title 37, Chapter 2 of the General
Laws governing purchasing by the State of Rhode Island, the regulations
adopted pursuant thereto, all other applicable provisions of said General Laws,
and the General Conditions of Purchase which govern this contract. The
General Conditions of Purchase may be obtained from the Department of
Admiriistration - Office of Purchases website at: http://www.purchasing.ri.gov.
This agreement is subject to applicable provision of Rhode Island General Laws
§37-2 (State Purchases) and §42-11.1 (Prompt Payment by Department of
Administration),
which
can
be
reviewed
at:
httg://www. rilin. state. ri. us/Statutes/Statutes.l1tml.

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If this contract or a portion of this contract is supported with federal funds, the
vendor agrees to comply with all federal regulations/guidelines outlined and/or
referred to in the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards,

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which can be located at www.federalregister.gov.
11. WORK PRODUCT: All documents, including reports and all other work products
produced by the Contractor under this contract, shall become and remain the
property of the State of Rhode Island.
12. TERMINATION: The State can terminate or reduce the contract if applicable federal
funds or appropriate general revenues supporting this activity has been reduced or
eliminated. The contract may be terminated for any other reason upon 30 (thirty)
days written notice by either party. Upon termination, the Contractor shall be paid
for work satisfactorily completed prior to the date of termination.
13. ENTIRE AGREEMENT: This Agreement contains the entire understanding between
the parties hereto and supersedes any and all prior agreements, understandings ahd
arrangements between the parties relative to the subject matter hereof. No
amendment, change, modification, or alteration of the terms and conditions hereof
shall be binding unless in writing signed by both parties.
14. GOVERNING LAW: This Agreement and the rights and obligations of the parties
hereunder shall in all respects be governed by the substantive law of the State of
Rhode Island including all matters of construction, validity and peliormance, but
without giving the effect of choice-of-law or conflict-of-law principles.
15. RELEASE OF LIABILITY: The Contractor hereby waives, releases and forever
discharges DOC, DOC's agents, representatives, officers and employees, from and
against any and all claims, demands, charges, causes of action, liabilities, penalties,
costs and expenses, including but not limited to attorneys' fees, that the Contractor,
it's agents, representatives, officers and employees had, has or may have, against
DOC, whether direct, or indirect, foreseeable or unforeseeable, arising from, relating
to or in connection with their entering on or in DOC facilities/property to perform the
services outlined herein.
The Contractor further agrees to protect, defend, indemnify, and hold harmless the
Department from and against any and all claims, demands, charges, causes of
action, liabilities, penalties, costs and expenses, including but not limited to
attorneys' fees, brought. by any third party or party, and arising from, relating to, or in
connection with the performance of the services outlined herein.
16. VAUDITY: This contract is valid only with applicable State purchase order or price
agreement. Where conflict exists between this agreement and the purchase order,
the purchase order takes precedence.

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IN WITNESS THEREOF, the parties hereto have caused this contract to be executed
by their duly authorized representatives, within the parameters identified above.
FOR THE CONTRACTOR:
Securus Technologies, Inc.
4000 International Parkway
Carrollton, TX 75007
Tel#: (972) 277-0659
Fax#:(972) 277-0514
E-Mail Address: bpickens@securustechnologies.com
TIN: 46-2260442

BY:
Signature of officer or delegated official

. .".

Ae~~e ""'t
Robert E. Pickens
President and Chief Executive Officer
FOR THE STATE OF RHODE ISLAND, DEPARTMENT OF CORRECTIONS
BY:

BY:

REVIEWED BY:
Financial Resources
Legal Counsel

Assistant Director

Attachment(s)
Rev. 07-13-2018

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