Prison Phone Justice

STATE OF MARYLAND
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
CONTRACTUAL AGREEMENT
DPSCS Q000900S
WITH
T-NETIX TELECOMMUNICATIONS SERVICES INC.
THIS CONTRACT (the "Contract') is made as of the 1st day of January, 2009 by and between
T-NETIX TELECOMMUNICATIONS SERVICES INC., a Corporation Sole (the "Contractor") and
the STATE OF MARYLAND, acting through the MARYLAND DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES, (the "Department" or Licensee").
IN CONSIDERATION of the premises and the covenants herein contained, the parties agree as follows:
I.

Definitions

In this Contract, the following words have the meanings indicated:
1.1

"Contractor" means T-Netix Telecommunications services Inc.. whose principal business address
is 14651 Dallas Parkway, Sixth Floor, Dallas, TX 75254-7476and whose principal office in
Maryland is 28859 Waller Rd., Delmar, MD 21875.

1.2

"Department" means the Maryland Department of Public Safety and Correctional Services.

1.3

"Procurement Officer" means BJ Said-Pompey or her successor or alternate as designated under
Maryland law.

1.4

"State" means the State of Maryland.

2. Scope of Work
The Contractor shall provide services under this Contract in accordance with this Contract, the
Contract Affidavit (Exhibit A to the Contract), and the Scope of Work (Exhibit B to the Contract)
The following exhibits are attached and incorporated herein by reference. Ifthere is any conflict
between this Contract and the Exhibits, the terms of the Contract shall govern. If there is any
conflict among the Exhibits, the following order of precedence shall determine the prevailing
provision, with earlier listed exhibits prevailing over later listed exhibits:
Exhibit A Exhibit B Exhibit C Exhibit D 2.2

The Contract Affidavit
Scope of Service
Living Wage Requirement
MBE Requirement

The Procurement Officer may, at any time, by written order, make changes in the work within the
general scope of the Contract. No other order, statement or conduct of the Procurement Officer or
any other person shall be treated as a change or entitle the Contractor to an equitable adjustment
under this section. Except as otherwise provided in this Contract, if any change under this section
causes an increase or decrease in the Contractor's cost of, or the time required for, the
performance of any part of the work, whether or not changed by the order, an equitable adjustment
in the Contract price shall be made and the Contract modified in writing accordingly. The
Contractor must assert in writing its right to an adjustment under this section within thirty (30)
days of receipt of written change order and shall include a written statement setting forth the
nature and cost ofsuch claim. No claim by the Contractor shall be allowed if asserted after final
payment under this Contract. Failure to agree to an adjustment under this section shall be a basis
for a claim under the Disputes clause. Nothing in this section shall excuse the Contractor from
proceeding with the Contract as changed.

3.

Time for Performance.
Unless tenninated earlier as provided in this Contract, the Contractor shall provide the services for
the period beginning on January 1st, 2009 and ending on December 31, 20 10.

4. Consideration and Payment
4.1

Payment of Commissions by the Contractor to the Department of Public Safety and Correctional
Services (DPSCS) shall be made no later than 30 days after the close ofthe last billing cycle for
equipment/services located on the properties of DPSCS. (See RFP and Contract #050R2800336)

4.1

Commissions payments made more than 30 days after the close of the billing cycle are considered
late. Late payments are subject to accrual of interest at a rate of 9% per annum commencing on the
31 II day after the close of the billing cycle.

5. Confidentiality
Subject to the Maryland Public Infonnation Act and any other applicable laws, all confidential or
proprietary infonnation and documentation relating to either party (including without limitation,
any infonnation or data stored within the Contractor's computer systems) shall be held in absolute
confidence by the other party. Each party shall, however, be pennitted to disclose relevant
confidential infonnation to its officers, agents and employees to the extent that such disclosure is
necessary for the perfonnance of their duties under this Contract, provided the data may be
collected, used, disclosed, stored and disseminated only as provided by and consistent with the
law. The provisions of this section shall not apply to infonnation that (a) is lawfully in the public
domain; (b) has been independently developed by the other party without violation of this
Contract; (c) was already in the possession of such party, (d) was supplied to such party by a third
party lawfully in possession thereof and legally pennitted to further disclose the infonnation or (e)
which such party is required to disclose by law.
6. Non-Hiring of Employees
No official or employee of the Sate of Maryland, as defined under State Government Article, 15102, Annotated Code of Maryland, whose duties as such official or employee include matters
relating to or affecting the subject matter of this contract, shall during the pendancy and tenn of
this contract and while serving as an official or employee of the State become or be an employee
of the contractor or any entity that is a subcontractor on this contract.
7. Disputes
This Contract shall be subject to the provisions of Title 15, Subtitle 2, of the State Finance and
Procurement Article of the Annotated Code of Maryland, as from time to time amended, and
COMAR 21.10 (Administrative and Civil Remedies). Pending resolution ofa claim, the
Contractor shall proceed diligently with the perfonnance of the Contract in accordance with the
Procurement Officer's decision. Unless a lesser period is provided by applicable statute,
regulation, or the Contract, the Contractor must file a written notice ofclaim with the Procurement
Officer within 30 days after the basis for the claim is known or should have been known,
whichever is earlier. Contemporaneously with or within 30 days of the filing ofa notice of claim,
but no later than the date of final payment under the Contract, the Contractor must submit to the
Procurement Officer its written claim containing the information specified in COMAR
21.1 0.04 .02.
8. Maryland Law
This Contract shall be construed, interpreted, and enforced according to the laws of the State of
Maryland.

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9. Nondiscrimination in Employment
The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for
employment because of race, color, religion, creed, age, sex, marital status, national origin,
ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to
preclude the performance ofsuch employment; (b) to include a provision similar to that contained
in subsection (a), above, in any underlying subcontract except a subcontract for standard
commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in
conspicuous places available to employees and applicants for employment, notices setting forth
the substance of this clause.
10. Commercial Nondiscrimination Clause
10.1

As a condition of entering into this Agreement, Contractor represents and warrants that it will
comply with the State's Commercial Nondiscrimination Policy, as described under Title 19 of the
State Finance and Procurement Article ofthe Annotated Code of Maryland. As part ofsuch
compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or
national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other
unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of
subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against
any person for reporting instances of such discrimination. Contractor shall provide equal
opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and
private sector subcontracting and supply opportunities, provided that this clause does not prohibit
or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or
are occurring in the marketplace. Contractor understands that a material violation of this clause
shall be considered a material breach ofthis Agreement and may result in termination ofthis
Agreement, disqualification of Contractor from participating in State contracts, or other sanctions.
This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

10.2

As a condition ofentering into this Agreement, upon the Maryland Human Relations
Commission's request, and only after the filing ofa complaint against Contractor under Title 19 of
the State Finance and Procurement Article, as amended from time to time, Contractor agrees to
provide within 60 days after the request a complete list of the names ofall subcontractors,
vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were
undertaken within the state of Maryland, including the total dollar amount paid by Contractor on
each subcontract or supply contract. Contractor further agrees to cooperate in any investigation
conducted by the State pursuant to the State's Commercial Nondiscrimination Policy as set forth
under Title 19 ofthe State Finance and Procurement Article of the Annotated Code of Maryland,
and to provide any documents relevant to any investigation that is requested by the State.
Contractor understands that violation ofthis clause is a material breach of this Agreement and may
result in contract termination, disqualification by the State from participating in State contracts,
and other sanctions.

11. Contingent Fee Prohibition
The contractor, architect, or engineer (as applicable) warrants that it has not employed or retained
any person, partnership, corporation, or other entity, other than a bona fide employee or agent
working for the contractor, architect, or engineer, to solicit or secure this agreement, and that it has
not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona
fide employee or agent, any fee or any other consideration contingent on the making of this
agreement.
12. Nonavailability of Funding

If the General Assembly fails to appropriate funds or if funds are not otherwise made available for
continued performance for any fiscal period ofthis Contract succeeding the first fiscal period, this
Contract shall be canceled automatically as ofthe beginning of the fiscal year for which funds

3

were not appropriated or otherwise made available; provided, however, that this will not affect
either the State's rights or the Contractor's rights under any termination clause in this Contract.
The effect of termination of the Contract hereunder will be to discharge both the Contractor and
the State from future performance of the Contract, but not from their rights and obligations
existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of
any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall
notify the Contractor as soon as it has knowledge that funds may not be available for the
continuation of this Contract for each succeeding fiscal period beyond the first.
13. Termination for Default

If the Contractor fails to fulfill its obligations under this Contract properly and on time, or
otherwise violates any provision ofthe Contract, the State may terminate the Contract by written
notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for
termination. All finished or unfinished work provided by the Contractor shall, at the State's
option, become the State's property. Termination hereunder, including the termination of the
rights and obligations of the parties, shall be governed by the provisions of COMAR
21.07.01.118.
14. Termination for Convenience
The performance of work under this Contract may be terminated by the State in accordance with
this clause in whole, or from time to time in part, whenever the State shall determine that such
termination is in the best interest of the State. Termination hereunder, including the determination
ofthe rights and obligations of the parties, shall be governed by the provisions of COMAR
21.07.01.12 (A)(2).

15. Delays and Extensions of Time
The Contractor agrees to perform this agreement continuously and diligently. No charges or
claims for damages shall be made by the Contractor for any delays or hindrances, regardless of
cause, in the performance of services under this Contract. Time extensions will be granted only
for excusable delays that arise from unforeseeable causes beyond the control and without the fault
or negligence of the Contractor, including but not restricted to acts of God, acts ofthe public
enemy, acts of the State in either its sovereign or contractual capacity, acts ofanother contractor
in the performance ofa contract with the State, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, or delays ofsubcontractors or suppliers arising from unforeseeable
causes beyond the control and without the fault or negligence of either the Contractor or the
subcontractors or suppliers.
16. Suspension of Work
The Procurement Officer unilaterally may order the Contractor in writing to suspend, delay, or
interrupt all or any part of its performance for such period of time as the Procurement Officer may
determine to be appropriate for the convenience of the State.
17. Pre-Existing Regulations
In accordance with the provisions of Section 11·206 of the State Finance and Procurement Article,
Annotated Code of Maryland, as from time to time amended, the regulations set forth in Title 21
of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this
Contract are applicable to this Contract.

18. Financial Disclosure
The Contractor shall comply with the provisions of Section 13-221 of the State Finance and
Procurement Article ofthe Annotated Code of Maryland, which requires that every business that
enters into contracts, leases, or other agreements with the State of Maryland or its agencies during
a calendar year under which the business is to receive in the aggregate, $100,000 or more, shall
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within 30 days of the time when the aggregate value of these contracts, leases or other agreements
reaches $100,000, file with the Secretary of the State of Maryland certain specified information to
include disclosure of beneficial ownership of the business.
19. Political Contribution Disclosure
The Contractor shall comply with the provisions of Election Law Article, Sections 14-101 through
14-108 ofthe Annotated Code of Maryland, which require that every person that enters into
contracts, leases, or other agreements with the State of Maryland, a county or an incorporated
municipality or their agencies, during a calendar year under which the person receives in the
aggregate, $100,000 or more, shall, file with the State Board of Elections a statement disclosing
contributions in excess of$500 made during the reporting period to a candidate for elective office
in any primary or general election. The statement shall be filed with the State Board of Elections:
(l) before a purchase or execution of a lease or contract by the State, a county, an incorporated
municipality, or their agencies, and shall cover the preceding two calendar years; and (2) ifthe
contribution is made after the execution of a lease or contract, then twice a year, throughout the
contract term, on: (a) February 5, to cover the 6-month period ending January 31; and (b) August
5, to cover the 6-month period ending July 31.
20. Retention of Records.
The Contractor shall retain and maintain all records and documents in any way relating to this
Contract for three years after final payment by the State of Maryland under this Contract or any
applicable statute of limitations, whichever is longer, and shall make them available for inspection
and audit by authorized representatives of the State, including the Procurement Officer or the
Procurement Officer's designee, at all reasonable times. All records related in any way to the
Contract are to be retained for the entire time provided under this section.
21. Compliance with Laws.
The Contractor hereby represents and warrants that:
A.It is qualified to do business in the State of Maryland and that it will take such action as, from
time to time hereafter, may be necessary to remain so qualified;
B.1t is not in arrears with respect to the payment of any monies due and owing the State of
Maryland, or any department or unit thereof, including but not limited to the payment of taxes and
employee benefits, and that it shall not become so in arrears during the term of this Contract;
C.It shall comply with all federal, State and local laws, regulations, and ordinances
applicable to its activities and obligations under this Contract; and,
D.1t shall obtain, at its expense, all licenses, permits, insurance, and governmental
approvals, ifany, necessary to the performance of its obligations under this Contract.
22. Cost and Price Certification
By submitting cost or price information, the Contractor certifies to the best of its knowledge that
the information submitted is accurate, complete, and current as of the date ofits proposal or offer.
The price under this Contract and any change order or modification hereunder, including profit or
fee, shall be adjusted to exclude any significant price increases occurring because the Contractor
furnished cost or price information which, as ofthe date of its proposal or offer, was inaccurate,
incomplete, or not current.
23. Subcontracting; Assignment
The Contractor may not subcontract any portion of the services provided under this Contract
without obtaining the prior written approval of the State of Maryland, nor may the Contractor
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assign this Contract or any of its rights or obligations hereunder, without the prior written approval
of the State. Any such subcontract or assignment shall include the terms of sections 6, and 8
through 27 of this Contract and any other terms and conditions that the State deems necessary to
protect its interests. The State shall not be responsible for the fulfillment of the Contractor's
obligations to its subcontractors.
24. Indemnification
24.1

The Contractor shall indemnify the State against liability for any claims, damages, loss, costs,
expenses, suits, or actions of any character arising from or relating to the performance of the
Contractor or its subcontractors under this Contract.

24.2

The State of Maryland has no obligation to provide legal counselor defense to the
Contractor or its subcontractors in the event that a suit, claim or action of any character is brought
by any person not party to this Contract against the Contractor or its subcontractors as a result of
or relating to the Contractor's obligations under this Contract.

24.3

The State has no obligation for the payment ofany judgments or the settlement of
any claims against the Contractor or its subcontractors as a result of or relating to
the Contractor's obligations under this Contract.

24.4

The Contractor shall immediately notify the Procurement Officer ofany claim or
suit made or tiled against the Contractor or its subcontractors regarding any matter
resulting from or relating to the Contractor's obligations under the Contract, and will cooperate,
assist, and consult with the State in the defense or investigation of any claim, suit, or action made
or filed against the State as a result of or relating to the Contractor's performance under this
Contract.

24.5

The Contractor shall indemnify the State for damage, loss or destruction of all State property in
the Contractor's care, custody and control throughout the term of this Contract.

25. Liability for Loss Data
In the event ofloss of any data or records necessary for the performance ofthis Contract, where
such loss is due to the error or negligence of the Contractor, the Contractor shall be responsible,
irrespective of the cost to the Contractor, for recreating such lost data or records in the manner and
time specified by the Procurement Officer.
26. Security
Any person who is an employee or agent of the Contractor or subcontractor and who enters the
premises of a facility under the jurisdiction of the Department shall be searched, fingerprinted (for
the purpose ofa criminal history background check), photographed and required to wear an
identification card issued by the Department. Further, the Contractor, its employees and agents and
subcontractor's employees and agents shall not violate Md. Code Ann., Correctional Services §§
9-410 - 9-416 and such other security regulations of the Department about which they may be
informed from time to time. The failure ofany of the Contractor's or subcontractor's employees or
agents comply with any provision of this Section 26 ofthis contract is sufficient grounds for this
Department to immediately terminate this contract for default.

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17.

Living Wage Requirements

A State contract for services valued at $100,000 or more may be subject to Title
18~ State Finance and Procurement (SFP) Article, Annotated Code of Maryland.
Additional information regarding the State's Living Wage requirement is
contained below and in Attachment C entitled Living Wage Requirements for
Service Contracts.
Contractors and Subcontractors subject to the Living Wage Law shall pay each
covered employee at least $11.72 per hour~ if State contract services valued at
50% or more of the total value of the contract are performed in the Tier 1 Area. If
State contract services valued at 50% or more of the total contract values are
performed in the Tier 2 Area, an Offeror shall pay each covered employee at least
$8.81 per hour. The specific Living Wage rate is determined by whether a
majority of services take place in a Tier 1 Area or Tier 2 Area of the State. The
Tier 1 Area includes Montgomery, Prince George' s~ Howard, Anne Arundel~ and
Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in
the State not included in the Tier 1 Area. In the event that the employees who
perform the services are not located in the State~ the head of the unit responsible
for a State contract pursuant to §18-1 02 (d) shall assign the tier based upon where
the recipients of the services are located.
This contract has been deemed to be a Tier 1 contract.
28. Minority Business Enterprise (MBE)

An MBE subcontractor participation goal will be established for the Contract

award of 10% of the amount of all revenue received by the State. The Contractor
agrees that the MBE goals of the contract will be performed by certified minority
business enterprises as specified. A prime contractor, including an MBE prime
contractor, must accomplish an amount of work not less than the MBE
subcontract goal with certified MBE subcontractors. A prime contractor
comprising a joint venture that includes MBE partner(s) must accomplish the
MBE subcontract goal with certified MBE subcontractors. See Attachment D for
details.
A current directory of MBEs is available through the Maryland State Department
ofTransportation~ Office of Minority Business Enterprise, P. O. Box 8755~ B.W.I.
Airport, Maryland 21240-0755. The phone number is 410-865-1269.
The directory is also available at http://www.mdot.state.md.us. Select the MBE
Program label at the left side of the web site~ half way down. The most current
and up-to-date information on MBEs is available via this web site.

7

29. Prompt Payment Requirements and MBE Compliance

29.1. Ifa Contractor withholds payment of an undisputed amount to its
subcontractor, the Department, at its option and in its sole discretion, may take
one or more of the following actions:
(a) Not process further payments to the Contractor until payment to the
subcontractor is verified
(b) Suspend all or some of the contract work without affecting the completion
date(s) for the contract work;
(c) Payor cause payment of the undisputed amount to the subcontractor from
monies otherwise due or that may become due;
(d) Place a payment for an undisputed amount in an interest-bearing escrow
account; or
(e) Take other or further actions as appropriate to resolve the withheld payment.
29.2. An "undisputed amount" means an amount owed by a Contractor to a
subcontractor for which there is no good faith dispute. Such "undisputed
amounts" include, without limitation, (a) retainage which had been withheld and
is, by the terms of the agreement between the Contractor and subcontractor, due to
be distributed to the subcontractor and (b) an amount withheld because of issues
arising out of an agreement or occurrence unrelated to the agreement under which
the amount is withheld.
29.3. An act, failure to act, or decision of a procurement officer or a representative of
the Department, concerning a withheld payment between a Contractor and
subcontractor under this provision, may not:
(a) Affect the rights of the contracting parties under any other provision of law;
(b) Be used as evidence on the merits of a dispute between the Department and the
Contractor in any other proceeding; or
(c) Result in liability against or prejudice the rights of the Department.
29.4. The remedies enumerated above are in addition to those provided under
COMAR
21.11.03.13 with respect to subcontractors that have contracted pursuant to the
Minority
Business Enterprise program.
29.5. To ensure compliance with certified MBE subcontract participation goals, the
Department may, consistent with COMAR 21.11.03.13, take the following
measures:
(a) Verify that the certified MBEs listed in the MBE participation schedule
actually are performing work and receiving compensation as set forth in the
MBE participation schedule.
(b) This verification may include, as appropriate:
i. Inspecting any relevant records of the Contractor;
ii. Inspecting the jobsite; and
iii. Interviewing subcontractors and workers.
iv. Verification shall include a review of:
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a. The Contractor's monthly report listing unpaid invoices over 30 days old from
certified MBE subcontractors and the reason for nonpayment; and
b. The monthly report of each certified MBE subcontractor, which lists
payments received from the Contractor in the preceding 30 days and
invoices for which the subcontractor has not been paid.
(c) If the Department determines that a Contractor is in noncompliance with
certified MBE participation goals, then the Department will notify the
Contractor in writing of its findings, and will require the Contractor to take
appropriate corrective action. Corrective action may include, but is not
limited to, requiring the Contractor to compensate the MBE for work
performed as set forth in the MBE participation schedule.
(d) If the Department determines that a Contractor is in material noncompliance
with MBE contract provisions and refuses or fails to take the corrective action
that the Department requires, then the Department may:
i. Terminate the contract;
ii. Refer the matter to the Office of the Attorney General for appropriate
action; or
iii. Initiate any other specific remedy identified by the contract, including the
contractual remedies required by this Directive regarding the payment of
undisputed amounts.
(e) Upon completion of the contract, but before final payment or release of
retainage or both, the contractor shall submit a final report, in affidavit form
under the penalty of perjury, of all payments made to, or withheld from MBE
subcontractors.
30.

Administrative

30.1

Contract Monitor. The work to be accomplished under this Contract shall be performed under
the direction of the Contract Monitor; Dayene Corcoran. The Contract Monitor monitors the daily
activities of the Contractor, provides guidance to the Contractor, and has the authority set out in
the Contract.

30.2

Notices. All notices hereunder shall be in writing and either delivered personally or sent by
certified or registered mail, postage prepaid as follows:

Ifto the State:
BJ Said-Pompey, Procurement Officer
Maryland Department of Public Safety and Correctional Services
300 East Joppa Road, Suite 1000
Towson, MD 21286
PH:41 0-339-50 13
FX:410-339-4240
Email: bis8id·ooIllIJCY@..PSC.~.StlltC.lIld.us

Ifto the Contractor:
T-Netix, Inc..
Dennis Reinhold, Chief Legal Officer
14651 Dallas Parkway, Suite 600
Dallas, TX 75254-8815
PH:443-868-0359
9

IN WITNESS THEREOF, the parties have executed this Contract as ofthe date hereinabove set forth.

("CONTRACTOR")

By: Date
Witness:

_

MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

By: Date

Witness:

---------

Approved for form and legal
sufficiency this
of

day
-->,

2008

Assistant Attorney General

10

EXHIBIT A

CONTRACT AFFIDAVIT
(including provisions of BidIProposal Affidavit under COMAR 21.05.08.07 B)

A. AUTHORIZED REPRESENTATIVE
I HEREBY AFFIRM THAT:
I am the (title)
and the duly authorized representative
and that I possess the legal authority to make
of (business)
this Affidavit on behalfof myselfand the business for which I am acting.
B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION
The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing
its bid/proposal on this project, the bidder/offeror has considered all proposals submitted from qualified,
potential subcontractors and suppliers, and has not engaged in, discrimination, as defined in §19-103 of the
State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any
disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial
treatment ofa vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry,
or national origin, sex, age, marital status, sexual orientation, or on the basis ofdisability or any otherwise
unlawful use ofcharacteristics regarding the vendors, supplier's or commercial customer's employees or
owners. "Discrimination" also includes retaliating against any person or other entity for reporting any
incident of discrimination. Without limiting any other provision of the solicitation on this project, it is
understood that, if the certification is false, such false certification constitutes grounds for the State to reject
the bid/proposal submitted by the bidder/offeror on this project, and terminate any contract awarded based
on the bid/proposal. As part of its bid or proposal, the bidder/offeror herewith submits a list of all instances
within the past 4 years where there has been a final adjudicated determination in a legal or administrative
proceeding in the state of Maryland that the bidder/offeror discriminated against subcontractors, vendors,
suppliers, or commercial customers, and a description of the status or resolution ofthat determination,
including any remedial action taken. Bidder/offeror agrees to comply in all respects with the State's
Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement
Article of the Annotated Code of Maryland. C. AFFIRMATION REGARDING BRIBERY
CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in
Section 16-IOI(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or
any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing
contracts with public bodies (as is defined in Section 16-101(f) ofthe State Finance and Procurement
Article ofthe Annotated Code of Maryland), has been convicted of, or has had probation before judgment
imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo
contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law,
or ofthe law ofany other state or federal law, except as follows (indicate the reasons why the affirmation
cannot be given and list any conviction, plea, or imposition of probation before judgment with the date,
court, official or administrative body, the sentence or disposition, the name(s) ofperson(s) involved, and
their current positions and responsibilities with the business):

11

D. AFFIRMATION REGARDING OTHER CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its
officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts
with public bodies, has:
(a) Been convicted under state or federal statute ofa criminal offense incident to obtaining, attempting to
obtain, or performing a public or private contract, fraud, embezzlement, theft, forgery, falsification or
destruction of records, or receiving stolen property;
(b) Been convicted of any criminal violation ofa state or federal antitrust statute;

(c) Been convicted under the provisions ofTitle 18 ofthe United States Code for violation ofthe Racketeer
Influenced and Corrupt Organization Act, 18 U.S.C. § 1961, et seq., or the Mail Fraud Act, 18 U.S.C.
§1341, et seq., for acts arising out of the submission of bids or proposals for a public or private contract;
(d) Been convicted ofa violation ofthe State Minority Business Enterprise Law, Section 14-308 of the
State Finance and Procurement Article ofthe Annotated Code of Maryland;
(e) Been convicted of conspiracy to commit any act or omission that would constitute grounds for
conviction or liability under any law or statute described in subsection (a), (b), (c), or (d) above;
(f) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection
with the submission of bids or proposals for a public or private contract;

(g) Admitted in writing or under oath, during the course of an official investigation or other proceedings,
acts or omissions that would constitute grounds for conviction or liability under any law or statute
described above, except as follows (indicate reasons why the affirmations cannot be given, and list any
conviction, plea, or imposition of probation before judgment with the date, court, official or administrative
body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and
responsibilities with the business, and the status of any debarment):

E. AFFIRMATION REGARDING DEBARMENT
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its
officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts
with public bodies, has ever been suspended or debarred (including being issued a limited denial of
participation) by any public entity, except as follows (list each debarment or suspension providing the dates
ofthe suspension or debarment, the name ofthe public entity and the status ofthe proceedings, the name(s)
ofthe person(s) involved and their current positions and responsibilities with the business, the grounds of
the debarment or suspension, and the details of each person's involvement in any activity that formed the
grounds ofthe debarment or suspension):

12

F. AFFIRMAnON REGARDING DEBARMENT OF RELATED ENTITIES
I FURTHER AFFIRM THAT:
(I) The business was not established and it does not operate in a manner designed to evade the application
ofor defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and
Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate ofa suspended or debarred business,
except as follows (you must indicate the reasons why the affirmations cannot be given without
qualification):

G. SUB-CONTRACT AFFIRMATION
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly
entered into a contract with a public body under which a person debarred or suspended under Title 16 of the
State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or
indirectly, supplies, services, architectural services, construction related services, leases ofreal property, or
construction.
H. AFFIRMATION REGARDING COLLUSION
I FURTHER AFFIRM THAT:
Neither I, nor to the best ofmy knowledge, information, and belief, the above business has:
(l) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the
compilation ofthe accompanying bid or offer that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price
proposal ofthe bidder or offeror or of any competitor, or otherwise taken any action in restraint of free
competitive bidding in connection with the contract for which the accompanying bid or offer is submitted.
I. FINANCIAL DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, the provisions of Section 13-221 of the State
Finance and Procurement Article of the Annotated Code of Maryland, which require that every business
that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a
calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30
days ofthe time when the aggregate value ofthe contracts, leases, or other agreements reaches $100,000,
file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial
ownership ofthe business.
J. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMAnON

I FURTHER AFFIRM THAT:
13

I am aware of, and the above business will comply with, Election Law Article, §§14-101-14-108,
Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other
agreements with the State of Maryland, including its agencies or a political subdivision of the State, during
a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State
Administrative Board of Election Laws a statement disclosing contributions in excess of$500 made during
the reporting period to a candidate for elective office in any primary or general election.
K. DRUG AND ALCOHOL FREE WORKPLACE
I CERTIFY THAT:
(I) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with
respect to its employees to be employed under a contract resulting from this solicitation, the business shall:
(a) Maintain a workplace free ofdrug and alcohol abuse during the term of the contract;
(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing,
possession, or use of drugs, and the abuse ofdrugs or alcohol is prohibited in the business' workplace and
specifying the actions that will be taken against employees for violation of these prohibitions;
(c) Prohibit its employees from working under the influence ofdrugs or alcohol;
(d) Not hire or assign to work on the contract anyone whom the business knows, or in the exercise ofdue
diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or
alcohol abuse assistance or rehabilitation program;
(e) Promptly inform the appropriate law enforcement agency ofevery drug-related crime that occurs in its
workplace if the business has observed the violation or otherwise has reliable information that a violation
has occurred;
(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers ofdrug and alcohol abuse in the workplace;
(ii) The business' policy of maintaining a drug and alcohol free workplace;
(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;
(g) Provide all employees engaged in the performance of the contract with a copy of the statement required
by §J(2)(b), above;
(h) Notify its employees in the statement required by §J(2)(b), above, that as a condition of continued
employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and
(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the
workplace not later than 5 days after a conviction;

14

(i) Notify the procurement officer within 10 days after receiving notice under §J(2)(h)(ii), above, or
otherwise receiving actual notice of a conviction;

G> Within 30 days after receiving notice under §J(2)(h)(ii), above, or otherwise receiving actual notice ofa
conviction, impose either ofthe following sanctions or remedial measures on any employee who is
convicted ofa drug or alcohol abuse offense occurring in the workplace:
(i) Take appropriate personnel action against an employee, up to and including termination; or
(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or
rehabilitation program; and
(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of
§J(2)(a)-(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §J(4), below, that the
individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of
drugs or the abuse of drugs or alcohol in the performance ofthe contract.
(4) I acknowledge and agree that:
(a) The award ofthe contract is conditional upon compliance with COMAR 21.1 1.08 and this certification;
(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend
payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as
applicable; and
(c) The violation ofthe provisions of COMAR 21.11.08 or this certification in connection with the contract
may, in the exercise of the discretion ofthe Board of Public Works, result in suspension and debarment of
the business under COMAR 21.08.06.
L. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT

15

I FURTHER AFFIRM THAT:
(1) The business named above is a (domestic _ ) (foreign _) corporation registered in accordance with
the Corporations and Associations Article, Annotated Code of Maryland, and that it is in good standing and
has filed all of its annual reports, together with filing fees, with the Maryland State Department of
Assessments and Taxation, and that the name and address of its resident agent filed with the State
Department of Assessments and Taxation is:

Name:

_

Address:

_

(2) Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the
State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the
State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation,
as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.
M. CONTINGENT FEES
I FURTHER AFFIRM THAT:
The business has not employed or retained any person, partnership, corporation, or other entity, other than a
bona fide employee or agent working for the business, to solicit or secure the Contract, and that the
business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a
bona fide employee or agent, any fee or any other consideration contingent on the making ofthe Contract.
N.ACKNOWLEDGEMENT
I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be
distributed to units of: (I) the State of Maryland; (2) counties or other subdivisions of the State of
Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is
subject to applicable laws ofthe United States and the State of Maryland, both criminal and civil, and that
nothing in this Affidavit or any contract resulting from the submission ofthis bid or proposal shall be
construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit ofthe
State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the
Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the
obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the
contract, and (3) other Affidavits comprising part ofthe contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.
Date: -:-::-----:and Affiant)

By:

_

16

(Authorized Representative

EXHIBITB
SCOPE OF SERVICE OVERVIEW

TABLE OF CONTENTS
TABLE OF CONTENTS •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 17
COVER LETTER ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 18
EXECUTIVE SUMMARY ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 4

INTRODUCTION •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 10
STATEMENT OF WORK AND SECURE CALL PLATFORM SYSTEM OVERVIEW••••••••••••• 12
THE T -NETIX SERVICE COMMITMENT ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 28
CORRECTIONAL BILLING SERVICES OVERViEW ••••••••••••••••••••••••••••••••••••••••••• 30
MINORITY BUSINESS ENTERPRISE (MBE) PARTICIPATION ••••••••••••••••••••••••••••••• 31
IMPLEMENTATION PLAN ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 32
FINANCIAL PLAN ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 33

17

COVER LETTER

Maryland Department of Public Safety and Correctional Services July 9, 2008
Office of Procurement
300 East Joppa Rd.
Towson, Maryland 21286 - 3020

SECURUS Technologies, through it's wholly owned subsidiary, T-NETIX
Telecommunications Services, Inc., is pleased to submit our proposal to Maryland
Department of Public Safety and Correctional Services to provide Inmate
Telephone Services to all Maryland DPSCS facilities for the two years of 2009 and
2010. Our Statement of Work below provides for a comprehensive inmate
telecommunications solution that will provide the State with unmatched
administrative and investigative benefits.
We have been providing inmate telephone service at your twenty - six facilities for
many years and as a result feel that we understand the unique requirements of the
Maryland State Correctional facilities. In our proposal you will see why
approximately 3 out of 5 correctional facilities in the United States empower TNETIX to be their "Most Valued Partner".
T-NETIX will install at all Maryland DOC facilities a new inmate Call Control
Platform. The new system will be all digital with digitally transmitted calls. This
digitally "clean" transmission flow will allow more calls to be completed as well as
add to the investigative and fraud tracking programs such as much clearer call
recordings and a more accurate 3-way call detection capability.
This digital platform allows for inbound voicemail to the inmates (a potential brand
new revenue stream for the State). Inmates' families and friends will be able to
leave a voice mail message for approximately the cost of a local call.
This digital platform will also allow for upgrades to be added to the system from our
headquarters in Dallas - no need for a technician to visit in order to add the
upgrade. Many repairs will also be accomplished remotely with this new system.
There will no longer be a fear of losing data as a result of a hard drive crash. The
call recordings will be backed up with our fully redundant system for future access.
State investigators, with proper passwords, will be able to access the system from
any PC with internet capability - their State desktop or even their home PC's.
As an additional incentive for a contract extension to the State, T-NETIX is willing
to forgo increasing call rates as provided for in the current contract for this year,
and any agreed upon extension period.

18

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T-NETIX appreciates the opportunity to continue serving the Maryland
Department of Public Safety and Correctional Services. We are excited about the
advanced technology we are able to offer and are confidant that Maryland will be
pleased with it as well.
SECURUS Technologies, Inc. is the result of a merger in 2004 which brought
together two of the industry's most experienced and recognized companies; TNETIX and Evercom Systems, Inc. I am very proud to share that in the months
since our merger, we have successfully combined the best of all resources that each
previous company had to offer. Today, we have an unmatched patent portfolio, a
world-class Network Operations Center, the most widely used calling platform and
above all, we are financially solid as a rock.
Please contact me with any questions that you may have.
Sincerely,

Arthur Heckel
Sales Vice President

19

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EXECUTIVE SUMMARY
T-NETIX Telecommunications Services, Inc. is pleased to present this proposal for
Maryland Department of Public Safety and Correctional Services Inmate
Telephone Services. The T-NETIX digitally "clean" Secure Connect Network (SCN)
will provide your facilities with an unsurpassed combination of:
~
~

~
~
~
~
~

Single-Source Provider
Providing Local and Long Distance Collect Calling
Commitment to Technological Advancements
Superior Security Controls
Commitment to Exceptional Service
Proven Inmate Telecommunications Experience
Commitment to Call Completion and Affordable Inmate Calling Rate Plans

SINGLE-SOURCE PROVIDER

T-NETIX is a fully integrated company that excels in providing end-to-end
technology solutions to the corrections and law enforcement community. As a
single-source provider in this industry, T-NETIX designs, installs, operates and
maintains sophisticated technologies including inmate telephone systems,
alternative calling options, automated information management systems,
dedicated direct billing operations and validation services, and provides
comprehensive customer service for both of your correctional facilities and the
recipients of Inmate calls. The corrections and law enforcement community is our
ONLY business.
PROVIDING A DEDICATED SERVICE PRESENCE

T-NETIX has dedicated local employees to service the needs of our customers. TNETIX will continue to provide site administrators (SA) to report to your facilities
that have a need for on-site administration to perform administrative work on our
system and, in some cases, will perform minor repairs when needed. T-NETIX will
also prOVide Field Service Technicians (FST) to perform more thorough, system
service, as needed. Our SA's and FST's are Maryland residents, located in
Maryland, and are highly respected by the correctional facilities that they service
throughout the State of Maryland. Lisa Hunter, Regional Field Service Manager,
and Jim Lamont, Territory Manager, are also Maryland residents,
COMMITMENT TO TECHNOLOGICAL ADVANCEMENTS

T-NETIX being the largest vendor-operator of Inmate Telephone Services, holds 50
patents and more than 80 patents pending. There is no other

20

r~'

Cf0;')"
•'<'.,·A' j

fi

SECURUS Patents

l.

t-l.t.... ~ ......~

.:. 50 Patents Issu eel
• 11 3-Way Patents
• 17 Call Processing
Patents
• 3 Call Recording
• 2 E - Messaging
• 17 Other Innovations

.:. 80 New Patents in

•

Process

company in tllis industry tI,at even comes close to tllat teclmology portfolio. Patents on
fundamental aspects of Inmate Call Processing, 3-way Call Conferencing and Forwarding,
Call Recor(ling and Monitoring, two way messaging are ti,e results of years of researclt of
some 100 Information Teclmology and Product Management professionals aimed at working
witl, industry players and otller tecllnology companies to support mission statement of
correctional customers sucll as you.
T-NETIX' 3-way conferencing detection algoritltm firmly sets us apart hy consistently
demonstrating reliability and accuracy at tile previously
unattainable level of 96%. Inmates hlowing into ti,e pilOne,
hanging ti,e pllones or otllerwise creating an ambient noise
SECURUS TECHNOLOGIES
will no longer be ahle to bypass system's security features
and continue tlteir criminal activities.

T-NETIX' SUPERIOR SECURITY CONTROLS
T-NETIX will provide the State of Maryland with the
services to:
~

PROTECT THE COMMUNITY FROM FRAUDULENT,
THREATENING OR HARASSING CALLS.
This is accomplished by thorough call screening measures set in the T-NETIX
Secure Connect Network (SCN) based upon the broadest range of call
blocking capabilities available. A key component to our System is our patented
Three-Way Call Detection and Blocking System, which prevents inmates from
contacting unauthorized parties through conference calling. The three-way
call detection included in our SCN platform is the best three-way we have ever
provided. Due to the digital cleanness of the call transmission three way
attempts are detected and disconnected at an even higher rate than with our
previous systems.

~

SECURE CONNECT NETWORK
T-NETIX' Secure Connect Network (SCN) is one of the only VoIP, digitally
transmitted systems in the industry. This assures that all SCN calls will utilize
the digital transmission flow. "Clean" digital transmission is not only a more
efficient means of transport, assuring more calls are completed (and
operational efficiencies achieved) but also increases the effectiveness of
21

investigative and fraud tracking programs such as three way call detection and
word search applications.
The SCN platform also allows for immediate system upgrades and repairs from
our central location, eliminating the need for a field technician to access your
system on site.
SCN technology also allows T-NETIX to remotely monitor not only hardware
issues but also to pro-actively monitor call flow activity, data transmissions
and specific phone activity, to assure your system is running at peak
performance.
T·NETIX COMMITMENT TO EXCEPTIONAL SERVICE
T·NETIX is committed to providing local service for our customers with three
fulltime T-NETIX technicians located in Maryland. The State can be assured that
any service issues that can not be addressed remotely will be provided with
experienced local on-site service.
T-NETIX provides superior customer service capabilities from state-of-the-art
customer service centers located in Dallas, Texas and Toronto, Canada.
Correctional Billing Services (CBS) manages billing inquiries, payment plans,
setup of prepaid accounts, as well as end-user issues related to call blocking and
unblocking. T-NETIX simply will not allow the State to be burdened with the
responsibility of handling inmate calling Inquiries and disputes. Your facilities
have been using CBS for over three years and have noticed more easily resolved
billing issues and attention to customers' needs such as, advanced collect
accounts, than ever before, resulting in more satisfied inmates and their families.
When establishing an advanced collect account or replenishing one there will be
no fee charged to the customer who mails their payment to CBS directly. CBS
only charges a fee if the customer uses a credit or debit card over the phone or on
our website.
We utilize a call distribution system to automatically manage the flow of inbound
customer calls, an event tracking system, Help Desk Expert Automation Tool
(HEAT) to enable us to track a customer issue from the time it is received until it is
resolved and sophisticated management staffing software to enable T-NETIX to
match our staff to the needs of Maryland.
T-NETIX' PROVEN INMATE TELECOMMUNICATIONS EXPERIENCE
T-NETIX has been providing inmate call processing to the corrections industry
since 1986. T-NETIX provides inmate communications systems and services to
approximately 3,100 correctional facilities nationwide, processing approximately
30 million call transactions per month across 52,000 lines. T-NETIX offers these
services either directly or through partnerships with many of the largest
communications companies in the world.
With over 900 employees and 20 years In the Inmate calling business, we bring
immeasurable industry experience to meet the requirements of the State of
Maryland. Our industry knowledge coupled with the strength of our service
personnel will provide the State with unmatched service and support.

22

COMMITMENT TO CALL COMPLETION AND AFFORDABLE INMATE CALLING RATE PLANS
T-NETIX' inmate calling rate plans will continue to provide inmates and their
families with affordable rates for local and long distance calls to their families and
friends. You will see in our price proposal that T-NETIX has offered the same very
attractive call rates for the inmate calls from your facilities.
Our overall objective is to demonstrate. beyond a shadow of a doubt. that T-NETIX
can successfully address Maryland DPSCS's inmate telephone requirements.
process the highest number of completed calls. provide the most advanced and
widely used inmate calling system today and most importantly. provide worldclass support for years to come.
A skilled team of professionals at Correctional Billing Services (CBS) work with
both the facility and the families and friends of inmates in your facilities to provide
prepaid and direct billing alternatives to inmate collect phone calls. The team
works with facilities to arrange for inmates' families and friends to establish
prepaid accounts. CBS receives calls from these families and friends to establish
and maintain those accounts. In addition. the team proactively contacts families
and friends of inmates who have been blocked from receiving collect calls due to
poor credit with their local phone companies. They are offered the opportunity to
establish a prepaid alternative to collect calling. giving them the opportunity to
maintain contact with incarcerated loved ones in spite of credit restrictions. This
also allows the families to budget the amount they can afford for inmate calling.
Billing is handled by Correctional Billing Services (CBS). a division of SECURUS
Technologies. CBS professionals provide dedicated customer care to the called
party. An automated system is available 24 hours per day. CBS may be reached
by calling 1-800-844-6591. Additionally. customers may obtain personal account
access through our web site at www.SECURUS.net or by emailing CBS directly at
support@ correctionalbillingservices.com.
FIRST CALL CONNECT: When an arrestee or inmate attempts to contact family or
friends who do not have an account, the system connects the first call and
allows a brief conversation before interrupting the call. An automated IVR
plays a message to the called party prompting them to set up an account. If
they choose. they can be connected directly with a live customer care agent to
open the account. The inmate will be told to call back after an account has
been established.
The intent of this patented product is to address demand that has gone
unrecognized in the past. We do this by allowing customers with whom we
could not have historically done business to talk to their incarcerated loved
one for a short duration. then intervening in the conversation to help them set
up an account.
VOICEMAIL: Our patented voicemail application takes staying in touch with
friends and family to a whole new level. An Industry-first capability. T·NETlX'
voicemail allows voicemail communication between detainees and friends &
family.

23

Friends & family members, who have elected to setup a voicemail account, will
be able to take advantage of inbound voicemail capability to leave messages
for detainees. We feel voicemail communication technology will have a
substantial effect on calling activity.
The T-NETIX proposal guarantees Maryland a successful partnership with the
industry leader committed to providing the highest quality inmate calling
services through state-of-the-art systems and a vast array of resources
including:

>
~
~

>
~

~

Skilled and dedicated engineers, local technicians, customer service and
quality assurance personnel.
Dealing directly with the manufacturer of the Call Control System. While
most vendors resell another company's platform, we designed our own.
Extremely affordable calling rates for the family and friends of inmates.
Dedicated to providing products and services to insure that all persons
being called are reached by the inmate. Thereby reducing inmate complaints
and frustration to the jail staff.
Aggressive Research and Development to ensure that continued
technological advances are provided throughout the life of the system.
The most advanced security in the inmate calling industry utilizing T-NETIX'
three-way call detection feature led by T-NETIX' family of patents for threeway call detection technology.

The T-NETIX flagship inmate calling system is a totally web based, VoIP calling
system. Your data is securely stored in 4 different Class IV military grade storage
facilities. Your data such as call records and call recordings is 100% secured and is
always available to you as long as you have a PC with internet access even in the
event of a natural disaster. There is never a need to do an on-site back-up again.
Additionally, T-NETIX has grown beyond the traditional inmate telephone
company and is proposing to become one of your strategic partners in providing
necessary services to the inmates and their family and friends. I am referring to
services such as:
• An additional method of communicating with your inmates through Secure
Instant Mail (SIM),
Secure Instant Mail does not integrate with our phone system but does
compliment it by providing another means of communication with inmates.
Secure Instant Mail is our Electronic communication between Friends &
Family and the offenders at your facility
Secure Instant Mail is a new product that has just recently entered the
industry. It has quite a few benefits for both you and the inmates and their
friends and family.
T-NETIX' new SCN integrated architecture, allows all Secure Instant Mailnl
information to be centrally stored and retrievable by approved facility
personnel at any time
24

Secure Instant Mail is a web-based application intended to assist in connecting
Friends and Family with an offender. It provides electronic letter submission
with investigative capabilities such as:
•
•
•
•

Wordspotting
Language Transliteration
Keep track/restriction of sender of mail (2-way)
Additional secure opportunity to deposit money into offender trust fund

Facility Benefits:
•
•
•
•

Reduces time to process mail Gust print the email)
Enhances security (track and restrict mail by sender or offender)
Reduces contraband opportunities (no envelopes)
Enhances investigative abilities (Wordspotting, transliteration)

Thank you for this opportunity to continue to provide the State of Maryland
Department of Public Safety and Correctional Services the experience and
performance you deserve when prOViding an Inmate Calling System to the
inmates of Maryland.
INTRODUCTION

T-NETIX Telecommunications Services, Inc. and Evercom Systems, Inc. were
acquired in 2004 by a private equity firm based in Miami, and joined forces under a
common parent company, SECURUS Technologies, Inc. SECURUS is owned by
H.I.G. Capital Partners III, LP ("H.I.G. Capital"). H.I.G. Capital is a leading
private equity and venture capital investment firm with more than $1 Billion of
equity capital under management.
SECURUS, through its subsidiaries, strives to satisfy the correction industry's everexpanding technological requirements by remaining intimate with its customer's
individual needs. The SECURUS family of companies is among the largest, if not the
largest, independent provider of collect, pre-paid and debit calling services to local,
county, state and private correctional facilities in the United States. The company
designs, implements and maintains inmate telecommunication systems and facility
management software solutions that streamline the operation of criminal justice
facilities and empower administrators with administrative, investigative and
economic capabilities.
The SECURUS corporate family services approximately 2,700 correctional facilities
in 49 states, including locations operated by city, county, state and federal
authorities and other types of facilities such as juvenile detention centers and
private jails. By consistently offering unequaled expertise, superior service and
application driven solutions, T-NETIX has earned its place among the correctional
industry's top telecommunications and information systems providers. Our sole
focus is serving the highly specialized needs of the correctional industry and to
continually strive to provide creative industry products and solutions to our
customers.
25

T -NETIX DPSCS MANAGEMENT TEAM

Jim Lamont
DPSCS Account Manager
Jim Lamont has been in telecommunications for over 25 years. He has been
involved with public and inmate telephone service for his entire career. Functions
have included repair center supervisor, strategic planning, finance forecasting and
tracking of revenue and expenses, and responding to both inmate and public RFP's.
His last assignment with Verizon was as Corrections Product Manager. As the
Product Manager, Jim was involved with tariff and regulatory issues, vendor
relations, and administration of long distance service on inmate telephones.
As a T-NETIX Territory Manager for the most recent 4 years Jim has been involved
with all aspects of managing corrections accounts in the Maryland DPSCS system,
Maryland Counties, Pennsylvania DOC, Pennsylvania counties, as well as many
counties in Virginia.
Jim lives and works in Baltimore Maryland, and is therefore centrally located to all
of the Maryland facilities.
Lisa Hunter
Regional Service Manager
Lisa Hunter is our Regional Field Service Manager for T-NETIX. Lisa is a life long
resident of Maryland and has been employed with T-NETIX for more than 15 years
as the Service Manager for all correctional facilities located within Maryland, both
state and county facilities. The Field Service Technicians and the Service
Administrators report directly to her. Lisa works very closely with all of our
customers to ensure their total satisfaction.
As T-NETIX' Regional Service Manager Ms. Hunter manages her remote
employees throughout the state while keeping a close watch on all customer
systems and resolving their problems as necessary. She performs employee and
customer training as well.

26

STATEMENT OF WORK

T-NETIX agrees to meet or exceed all of the following requirements which were
included in the Request for Proposals No. 050R2800336:
T-NETIX shall comply with the following general requirements:
a.

T-NETIX shall be responsible for providing local and long-distance services
(both interLATA and intraLATA) to the inmate pay stations.

b.

T-NETIX shall not charge the State of Maryland for any local and long
distance telephone services, including but not limited to lines and services.
pay station equipment, cable and wiring. enclosures, booths. pedestals.
stands. computer hardware and software. or any other costs associated
with the installation, maintenance. removal of the pay station service or
preparation of pay station plans to transition services. During the term of
the contract. or any renewal options. the State of Maryland will not be
responsible for the cost of any moves or changes.

b.

T-NETIX shall assure continuous availability of pay station service, twentyfour hours a day. seven days per week.

c.

T-NETIX shall comply with all regulations of the State of Maryland Public
Service Commission (PSC) and the Federal Communications Commission
(FCC).

d.

T-NETIX shall meet all applicable requirements of the Telecommunications
Act of 1996.

e.

T-NETIX shall be responsible for the compliance of each installation with
the Americans with Disabilities Act. Within each DPSCS building housing
inmate pay stations at least one of those pay stations shall have TTY built
in.

f.

T-NETIX shall be solely responsible for collecting all revenue and including
it in the TGR.

g.

T-NETIX shall ensure the collection from any coin pay station having a full
box within four hours of a report that the pay station is full. (However. no
coin stations were part of this original RFP)

h.

T-NETIX shall be responsible for obtaining all permits and licenses
necessary for the completion of installations.

i.

All pay stations and call monitoring equipment currently installed in
DPSCS facilities are to be replaced by the T-NETIX with new equipment.
equipped with the latest technology. on a one-to-one basis. For example: if
there are currently 2.000 pay stations located in the DPSCS facilities, then
2,000 are to be replaced. (T-NETIX met this requirement in 2004)

27

3.3

PAY STATION AND MONITORING EQUIPMENT REQUIREMENTS

DPSCS will require T-NETIX to provide a pay station system that will support
administration and inmate payphone service.
At a minimum the inmate pay station system shall provide:
A system that controls the inmate pay stations and provides Station Message
Detail Records (SMDR).
A monitoring system for the inmate pay stations.
A recording system to capture the content of the pay station calls.
A system that provides fraud detection.
A system that shall be remotely managed at DPSCS headquarters and another
centrally located DPSCS facility to be determined.
Each of the 31 DPSCS facilities with an integrated system to control, monitor and
record inmate pay station calls from that facility. (The number of facilities that
actually require an inmate call control system is now 26)
The capability for DPSCS headquarters, and another site to be determined, access
to any of the 31 facilities data and to monitor real time information.
A site administrator as needed, trained in the operation of the system and capable
of providing requested systems and data base changes within a 24-hour period,
excluding weekends.
LIMITATIONS ON INMATE PAYSTATION EQUIPMENT
Inmate pay stations shall not access the following:
Direct dialed calls.
Access to 911, 311, 411 or 555-1212 or similar information and emergency
services.
• Access to toll free 800,888,877 or similar toll free numbers.
• Access to intraLATA and/or InterLATA carriers by means of 101 OXXX
access numbers or other dial around numbers.
• Access to intraLATA and/or InterLATA carriers by means of 900, 950, or
976 numbers or similar services.

T-NETIX Secure Call Platform (SCP) Overview
T-NETIX will provide the DPSCS with state-of-the-art inmate telephone equipment
and a custom built SCP system, which is capable of real time inmate telephone
monitoring, inmate telephone recording, call blocking/unblocking, and report
generation. The advanced features of the system provide extremely powerful and
flexible tools for controlling inmate calling, reducing fraud, and generating valuable
administrative reports.
The SCP allows inmates the privilege of telephone communication while enabling
staff and investigators the ability to maintain security through a reliable and easyto-use inmate call control system. The SCP provides security to the public through
the use of:

28

•

automated operators instead of live operators

•

personal allowed number (PAN) lists that do not allow calls to numbers that
have not been approved by the system administration

•

inmate call monitoring and recording for investigative and safety purposes

•

call duration settings and telephone on/off times

•

call detail records for investigative purposes, and fraud control features

SCP enables our customers to operate a smarter and more efficient prison. The
SCP's investigative tools permit a higher degree of accuracy and allow investigators
to locate inmate-calling information more quickly and reliably. Routine inmate
calling operations can be configured to require minimal administration-allowing a
facility's staff to focus on what they do best, maintaining a safer, more secure
correctional environment. The SCP also allows for immediate, real-time live
monitoring of calls in progress. All of these investigative and administrative
resources are available from any Windows based computer with access to the World
Wide Web.
T-NETIX' custom built SCP is an integrated platform of software tools and
computer and telephony hardware. The SCP's hardware and software components
are designed to adapt to the changing needs of a facility's operations. The SCP is
capable of real time inmate telephone monitoring, inmate telephone recording, call
blocking/unblocking, and report generation.
The SCP is equipped with the following standard applications:
•

Digital recording and playback (accessible and installed if found necessary)

•

Dedicated customer care center to specifically address called party inquiries

•

A variety of optional calling methods and platform flexibility to increase
options and income for the facility while increasing the inmate's calling
ability

•

Number restrictionlblocking capabilities

•

Identification of watched numbers, attorney calls (private) on CDR

•

Multi-level password security entry system for each application

•

Call Detail Reports based on user search criteria

•

PIN Application with Personal Allowed Number (PAN) list capabilities

•

Expanded fraud control features (3-way, additional digit dialing, etc.)

•

Bilingual Automated Voice Messaging, Instructional prompts, tag lines and
voice overlays

•

Fully integrated debit-based calling platform (used by all INS facilities)

•

Interface and integration capabilities

•

Immediate port disabling

•

Automated PIN and PAN assignment
29

•

Remote live monitoring capabilities-anywhere nationwide

•

True call portability for replay of conversations without the need of
proprietary software

Call Monitoring
The real-time inmate call-monitoring feature offers an investigative tool that allows
authorized individuals to click on any call in progress and listen to the
conversation through a speakerphone, handset or headset. The monitoring of live
calls is undetectable by either the inmate or the called party and does not disrupt
the recording process. There is no drop in volume or noticeable "click" when
monitoring begins and the conversing parties are not tipped off to the monitor's
presence.

Call Recording
Tlte T-NETIX SCP is designed witll a minimal of one year of on-line recordings for ease of
access by Maryland DPSCS. No proprietary software is required to access tile T-NETIX SCPo
Tile T-NETIX SCP allows for immediate, real-time monitoring of calls iI' progress and
immediate playback of pre-reCOiled conversatiOlts via any Windows based multi-media PC
workstation. Facility personnel (witll appropriate password privileges) are able to monitor Jive
calls or pre-recorded conversations by simply I,igilligitting tl,e call ill progress m,d clickil,g on
tlte speaker icoll. Marylmtd DPSCS personnel witll tl,e appropriate password will be able to
conduct investigations and listen to conversations from any PC witll Web access allow;"g ease
ofportability.
Below is a sample of a call detail report. To listen to tlte call, tl,e IIser simply clicks
speaker ICON on tlte left side oftlte screen.

Oil

tl,e

Remote Call Forwarding
The SCP is equipped with a remote call-forwarding feature for those numbers that
are under surveillance by the investigative unit. The Covert Alert feature enables
authorized personnel to monitor a call, from any designated remote location, while
the caU is in progress. Once a number, or PIN, is assigned a 'covert' status, the user
simply enters a telephone number (cellular, home, office, etc.) to which he/she wants
the call sent for 'Live' monitoring. The call is then automatically re-routed once the
call is accepted by the called party and is in progress. There are no distance barriers
to the retrieval process so the remote telephone number can be located within the
facility or across the country. As an additional benefit, administrators may continue
to monitor other calls, through the on-site workstation, while utilizing the 'Covert
Alert' remote live call-forwarding feature.
CaD Blocking
During installation, a "Call Blocking" table is established which denies inmates
from making calls to specific numbers. Typically, access is denied to residential or
business lines, including those of judges, sheriffs, facility personnel, jury members,
attorneys and witnesses. Because Call Blocking tables often contain thousands of
entries, the SCP offers virtually unlimited blocking potential with a standard
capability of 1,000,000 individual entries. The entries may consist of an entire area
30

code, an entire exchange code within an area code, or a specific telephone
number. All 800, 900 and 976 area codes are normally blocked along with all foreign
area codes, unless specified. This blocked number list may be administered locally
by facility personnel using the Administrative Workstation, or remotely by the TNETIX Technical Service Center. All blocked numbers have an associated 'block'
reason code that is stored in the blocked number database for future reference. The
Correctional WebManage Edit Number Details page provides updates to this
database.
Call Party Blocking
The SCP provides an optional feature that allows the called party to permanently
block future calls from the facility by dialing a predetermined digit on his or her
telephone. This feature, when implemented, notifies the called party of this option
during the call acceptance process.
Rate Quote
The SCP platform allows the called party to be informed of the call cost prior to
acceptance. Once a selection is made, the prompt informs the called party of both
the initial costs and any additional per minute costs. We provide this today at all
Maryland DPSCS Facilities.
Programmable Call Duration
Specific call durations may be assigned to PINs, dialed numbers, inmate telephones,
or globally by facility. For example, assigning the call duration to a PIN forces all
permitted numbers for that PIN be limited to that duration, while assigning a
different call duration to a permitted dialed number only impacts tbat specific
number. Tbis type of programming resolution ensures that the call duration
requirements of a facility can be met at many different and specific levels.
Call Metering by Time Periods

Calling limits may be programmed on a dialed number basis to establish thresholds
for call attempts, accepts, denies, total duration, and dollar amounts, for selected
periods of time. Time periods range from one to twenty-eight days, and may begin
on any day of the week (i.e., Wed-Tue). Should any of these adjustable thresholds be
met during the selected time period, the caller is informed by voice announcement
as to why his or ber call cannot be completed.
Speed Dial

The SCP allows up to 64 programmable Speed Dial numbers that may be entered
from any inmate telephone. A standard speed-dial table allows for translations from
a dialed number into another dialed number. This allows for absolute translations
of a seven or ten digit number into another or the translation of a #XX number into
a phone number. The speed dial numbers "#10" or "#11", for example, may
represent specific requests such as inmate medical alerts or officer assistance
requests. The capability also exists to merge additional features, alter the duration
of the call, and restrict who may use a speed-dial translation.
Pattern Dial Detection
31

SCP can detect many dialing patterns, which might be attempts at fraud.
Several numbers that are dialed in sequence, for instance, would alert facility
personnel that a possible fraud attempt is in progress. SCP can also be configured to
disallow additional digit dialing once the inmate has completed his dialing sequence.
When an inmate attempts to dial more digits than necessary the system simply
disconnects the call.
PIN Operation (Open & Controlled)

Each inmate telephone may be programmed for PIN or non-PIN operation. This
allows the facility to utilize the PIN operation in maximum security or long-term
areas, while allowing an "all calls" option in overnight, work release, or trustee
areas. The SCP has no limit or restrictions on the number of PIN or Non-PIN
inmate telephones operating at the facility.
Some inmate facilities may choose to operate using a PIN system, under which each
inmate is assigned a personal identification number (pIN). The inmate then enters
his or her PIN before being allowed to make a telephone call. PINs also provide an
audit trail of the specific inmate that placed a specific call. Additionally, SCP
enables the facility to allow or deny telephone numbers based on inmate identity.
True Number Validation
T-NETIX also employs the most sophisticated intelligent validation network in the
industry. As a real-time, computer telephony based switching system, the SCP never
allows an inmate to be connected to a conventional dial tone. All dialed numbers are
thoroughly analyzed before the call is allowed to process. This includes determining
if the area code and exchange are valid, checking the number against any
restrictions such as customer requested blocks, and verifying through the national
Line Information Database (LIDD) that the number is able to receive collect calls,
and is not a cellular or pay phone, pager, etc. Only once the dialed number passes
all of these tests will it be dialed by the SCPo We currently serve several inmate
facilities with our validation hub, and this collective information is very effective in
reducing fraudulent and illicit calling.
Active Call Acceptance
The SCP requires positive 'called party' acceptance using either rotary dial, or
touch-tone telephones, in order for a two-way conversation to take place. When the
called party answers the phone, the system's answer detection triggers the call
acceptance voice message. This message announces the inmate's call and asks the
called party if they wish to accept the charges of a collect call. The called party is
instructed to dial the single digit "zero" on his or her own telephone to accept the
collect call charges, or hang-up to disconnect the call and refuse charges. This
'active' acceptance procedure ensures that the called party does not get billed for
any charges that they have not authorized. For called parties using rotary phones,
the SCP utilizes a sophisticated rotary-dial detection algorithm that provides a
robust method of digit detection for this older generation of telephones.
Multilingual Capability
Each standard system is capable of providing message prompts in up to several
different languages. The languages utilized will be determined by the State. An
inmate selects a specific language at the beginning of the call process by dialing a
32

single digit. This will initiate the selected language prompts to both the inmate
and the called party in English and Spanish.
Call Termination Warning
Both the inmate and the called party are notified of call termination by voice
prompting at one minute prior to the end of the call's pre-programmed time limit.
By assigning a different Class of Service, call termination notification may be
disengaged for specific numbers such as attorney's numbers, public defenders, etc.
All call records contain a 'reason for termination' code that indicates why a call
ended.
Three-Way Conference Calling Fraud Detection

T-NETIX is the industry leader when it comes to Three-way call detection and
prevention. T-NETIX holds a series of patents surrounding this feature. Without
this feature Offender's could enlist the aid of an outside accomplice to "conference"
them, via Central Office-provided three-way calling, to an "unrestricted" line,
bypassing the system controls. Without this protection, the offenders have in effect,
unrestricted access to the outside world, defeating the correctional objectives and
policies of the Department along with subjecting the public to offender harassment
and fraud. The SCP is unique in its ability to detect and foil an accomplice's
attempt to activate the three-way call. Once a three-way call attempt is detected, the
system can be configured to initiate one or all of three available options as follows:
1. Warning, marking, and terminating calls identified and determined by the
system to be a three-way call connection.
2. Warning called parties and the offender using specific tag lines that threeway calling or conference calling is not allowed and are subject to
termination.
3. Markingffagging the suspected three-way call attempts for review by
administrative or investigative personnel through the system's call detail
reporting.
With this more accurate 3-way detection system, the DPSCS can retain valuable
investigative intelligence while curtailing security breaches from calls which
should not be connected.
•

U.S. Patent #5,319,702 Methods and Apparatus for Detecting and
Responding to Hook Flash Events Occurring on a Remote Telephone

•

U.S. Patent #5,539,812 Method an Attempted Three-Way Conference Call on
a Remote Telephone

•

U.S. Patent #5,805,685 Three-Way Call Detection by Counting Signal
Characteristics

•

U.S. Patent #5,796,811 Three-Way Call Detection

T-NETIX' patented 3-way Call Detection feature has been proven in independent
tests to have nearly flawless effectiveness. With all 3-way call blocking methods,
the technology requires "art" as well as science. Its configuration at each facility
will be customized by T-NETIX to adjust sensitive parameters and thresholds for
optimum performance.
33

The 3-Way Conference Calling Fraud Detection feature prohibits the major
fraud practice possible with other automated and live-operator systems. Inmates
could enlist the aid of an outside accomplice to "conference" them, via Central
Office-provided 3-way calling, to an "unrestricted" line, bypassing the system
controls. Without this protection, inmates have in effect, unrestricted access to
the outside world, defeating the correctional objectives and policies of the
institution along with SUbjecting the public to inmate harassment and fraud. TNETIX' system is unique in its ability to detect and foil an accomplice's attempt to
activate the 3-way call feature by immediately disconnecting the call upon
detection. T-NETIX' proposed system has the unique ability to disable 3-way call
detection on a particular number or groups of numbers, such as attorneys.

Near Flawless 3-Way Detection and Prevention

Simply haVing the best 3-way call detection in the industry was not enough for T-NETIX
We have continued to research this issue and develop enhancements to our solution.
Recent advancements in our 3-way call detection methodology have led our customers to
tell us they believe our 3-way detection OfJerates nearly flawlessly. This led TNETIX to commission an outside firm, SIBRIDGE consulting, an independent consultancy,
to verify the accuracy of the three-way call detection feature.
The SIBRIDGE study collected and audited call recordings and event logs for
apprOXimately 6,000 calls. This Independent test of our new 3-way calling detection
capability revealed T-NETIX' overall success rate to be in the mid to high nineties, most
significantly the system accurately detected and prevented illegal 3-way call attempts.

34

Second Dial Tone/Anti-Chain Dialing
The SCP does not allow an inmate to obtain a second dial tone without termination
of the first call. Follow-on, or "chain" dialing, is prevented by a combination of
features. When the called party disconnects prior to, or without the inmate hanging
up, the Public Switched Telephone Network (PSTN) should by today's standards
not return a "second" dial tone. Instead, a pre-recorded message such as "If you
would like to make a call, please hang up then place your call," is played to the
inmate. Since not all Local Exchange Carriers implement this standard, the SCP
uses the T-NETIX patented three-way Call Detection System, plus standard battery,
dial tone, and DTMF detection, to detect the called party's on-hook condition.
The SCP constantly monitors the hookswitch of the inmate telephone. If the
hookswitch is depressed at any time, an internal dial tone reappears. This prevents
hookswitch manipulation for fraudulent purposes and prevents dialing if a
secondary dial tone is received after the called party hangs-up. Should an on-hook
transition be missed by the SCP, the SCP continuously looks for the occurrence of
DTMF (dual tone multi-frequency) tones and dial tone. After proper timing
qualification of these tones, to prevent inadvertent disconnects due to ambient
background noise, the SCP causes call termination resulting in the re-establishment
of either the PIN tone, or dial tone to the inmate, forcing a new, fully-controlled call.
Extra Dialed Digits

The Call Control Processor incorporates sophisticated technology to identify
specific activities and eliminate fraud attempts by providing the option to enable the
Extra Dialed Digits (EDD) feature. This feature has the ability to detect additional
DTMF digits that are dialed by the inmate and/or the called party after the dialed
number has been entered to accept the call. The threshold of declaring an Extra
Dialed Digits event is programmable for specific dialed numbers or on a facilitywide basis. The EDD feature provides extra protection against chain dialing fraud
and terminates the call immediately if the EDD threshold is exceeded.
Call Branding

The SCP currently brands each inmate call with the name of the facility and the
name of the inmate placing the call. Recorded inmate names are tracked and
associated with inmate PINs. If the System includes a Central Processor(s) in a
multiple facility environment the inmate's stored name file automatically transfers
with his or her PIN information to the destination facility.
Calling Party Identification

When the called party answers, the SCP call announcement message notifies the
called party that they have a collect call from an inmate and states the name of the
institution in which the inmate is located. The inmate's recorded name is announced
to the called party as part of this call acceptance message to provide identification of
the calling inmate. For example, a typical announcement may say, "You have a
collect call from an inmate, "John Doe, at the Maryland Correctional Facility at
Roxbury." The facility name branding can be customized for every facility.

35

Voice Overlay
Voice overlay messages may be played throughout the call as an additional fraud
protection feature. The frequency that the established message is played may be
programmed by minute increments or a random setting. An example of a voice
overlay message is "This call is from ti,e Maryland Correctional Institution at
Roxbury. "
Fraud Detection Data Analysis

The SCP is continuously analyzing call data and system parameters to detect any
system anomalies, hardware failures, fraud indications, lowered revenue levels, or
unusual usage patterns. All telephone activity is logged and statistically analyzed to
detect any attempts at 'Hookswitch Dialing', 'Black Boxing', 'Hacking', or any
other fraudulent telephone activities.
Controlled Talk/Listen Audio Paths

To prevent the inmate from passing messages or harassing comments to the called
party prior to call acceptance, the audio talk paths are separated until positive
acceptance occurs. After the called party answers, the SCP plays the acceptance
message to the called party and the inmate. During this time, the inmate cannot talk
to the called party or proceed with any additional dialing. The two-way talk path is
not established until the called party agrees to pay the charges by dialing an
acceptance digit.
Accurate Answer Supervision

The Platform utilizes industry-standard telephony cards that incorporate
sophisticated answer supervision techniques. These advanced methods enable the
SCP to distinguish a legitimate call answer and call acceptance event from network
ringlbusy signals, answering machines, operator intercepts, SIT (Signal Interface
Tones) tones, pagers, hacking, chain dialing, and other non-conforming telephone
activity. The SCP informs the inmate with one of the various reasons that the call
was not completed.
Rate Quote

After the called party is notified by the SCP that they have a collect call from a
Maryland facility, the called party hears a quote rating of the cost of the call. An
example is "The cost of this call is $2.85 for the first minute and thirty cents for each
additional minute." The stated rates are dynamic and are calculated according to
industry standard mileage using V and H coordinates of the originating and
terminating locations. Quoted rates indicate the actual 'billed' rates and may be
discounted according to time of day and day of week. This feature is enabled at all
Maryland facilities for all types of calls including local and intraLATA calls.
Alerts

This feature enables facility personnel with password authorization to 'tag' specific
dialed numbers or inmate PINs that provide notification when those 'tagged'
parameters are detected in the process of a call. The SCP provides multi-level alerts
that can be assigned to appropriate investigative groups. Real time alerts can be
generated through the use of the Phone System Monitor. Otherwise there are
various inmate reports available under the Correctional WebManage application
36

that can be used to notify the appropriate investigator wherever they reside within
the network.
Covert Alert (No additional charge)

Providing real-time mobility to enhance investigator efficiency, Covert Alert is an
integrated feature that enables automated remote forwarding of flagged inmate calls
to an investigators' telephone for remote monitoring-no matter wllere ti,e
investigator is located. This feature will allow your facility's investigators to "multitask", even off-site, without the risk of missing important investigative information.
This mobility means increased productivity and greater operating efficiencies for
the facility.
PINIPAN Calling List Administration
The PIN (Personal Identification Number) tool offers very powerful call control
features and expanded investigative tools. The PIN feature alone requires that each
inmate use a PIN (typically hislher booking number) to successfully place a call.
And, when the PAN (Personal Allowed Number) feature is incorporated, the inmate
can place calls to only those numbers on his/her PAN list. Additionally, the PIN
feature can control the inmate's pre-recorded name that may be used every time an
inmate makes a call.
Multi-level Password Protection
The secure access tool is a multi-level password scheme specifically designed to
enable facility administrators to assign different levels of access to individuals who
will use different features of the SCPo While a high access level allows clearance to
all functions of a particular SCP tool, a medium access level may only allow access
to a particular function or functions within the same tool. A low access level may be
given to duty officers to routinely use the information search function of a given
tool, while denying access or clearance to other functions or features.
Call Data
The SCP stores all Call Detail Records on a hard drive located within the System.
This data is kept in a proprietary format that provides detail for management
reports, fraud analysis, and conversion to industry standard billing formats. The
SCP is capable of storing multiple months of records at the site; however, all Call
Detail Records are collected daily by T-NETIX' Data Center for billing purposes
and are archived for a minimum of five (5) years at our secure Data Center.
Station On/Off Timers
The SCP may be programmed to automatically enable or disable phones at different
times of the day or night. Multiple programmable onloff times are provided for each
individual line to eliminate the need for manually disconnecting inmate phones
during curfew hours. Changes to the on/off timers may be implemented remotely by
T-NETIX.
.
Manual Station Control

37

Individual stations may be taken out-of-service under program control through
the use of the workstation at each facility. Emergency disconnects can usually be
accomplished in less than thirty seconds.

In SCP, the call monitoring list may be sorted to show all phones currently on hook
(not being used) or off hook (being used). The three colored radio buttons located at
the upper right-hand portion of the call monitoring screen is used to sort the call list
by any of the above categories.
•

Select the .onhook radio button to show the phones that are on hook (no calls
in progress)

•

Select the
progress)

•

Select the 8.hoWlIll radio button to show all phone locations within the facility

GoffhoOk

radio button to show the phones that are in use (calls in

Live On-Site Monitoring
To listen to a 'live' conversation simply click the

~& icon at the beginning of the

line of the selected 'In Progress' call. The icon color changes to ~~ indicating
monitoring is in progress and the conversation is heard through speakers
connected to the workstation.

To stop monitoring a call In progress, simply click the

~~ Icon

again. The color

changes to ~& indicating that call monitoring has stopped or to show that the call
had been monitored.
Remote Monitoring
To forward a call in progress to another phone for remote monitoring, click the ~
Icon adjacent to the

to1I~ icon of the in progress call.

The 'Forwarding Call' dialog message box shown below appears once the call has
been successfully forwarded.

Constant Fraud Controls

The SCP uses an automated operator exclusively. When a call is processed, any
unnecessary dialing or hookswitch activity results in termination of the call, thereby
eliminating potential fraudulent activities such as credit card calls and fraudulent
use of calling card numbers. These control features are the result of the SCP's
ability to control all aspects of the call process including providing its own line
voltage to the inmate station, isolating it from direct connectivity to a local telephone
company.
Standard Reports

The SCP has a dedicated reports writer that provides investigative information
based on the Call Detail Records. This sophisticated reporting tool can provide
38

routine scheduled reports, or reports on an ad hoc basis. The SCP is capable of
searches and call detail analysis on all calls placed from each inmate telephone
through the SCN which includes date, time and duration, telephone number or
origination and destination, if utilized, inmate ID, reason for termination, and much
more. Call details are kept on all call attempts, except those to blocked numbers.
The standard reports can be customized by varying search criteria such as date
range, facility, or call length.
Export Capabilities

The T-NETIX Investigative Report modules allow the user to save a report as a file,
in the Adobe® PDF format. Reports may be saved to a variety of destinations. This
feature allows for fast and convenient access to reports for future retrieval or
sharing.
The reports created by the Secure Connect Network may be converted from PDF to
many different formats. Most common file formats are supported including
Microsoft Word, Microsoft Excel, Word Perfect, and HTML. Converting an
exported report enables you to use the reports you create in word processors and
other office automation tools that you are using today. In addition, reports may
easily be published on your facility's web page.
TELEPHONE SPECIFICATIONS

T-NETIX Inmate Telephones are the strongest and most reliable units available,
and are designed specifically for the prison environment.
The dimensions of our inmate telephones are 8 ~ inches deep, 22 y.. inches high, and
9 Y.. inches wide. The shipping weight of our inmate telephones is 10 Ibs. The
standard length of the receiver cord and stainless steel lanyard is 18 inches.
Full Size Blue Inmate Phone with Volume Control
THE INDUSTRY STANDARD:

•
•

The overwhelming choice for Stale Prison Systems, the Federal Bureau of Prisons, County and City Facilities
nationwide.
Proven reliability. durability, and flexibility.

FEATURES:
• AII-in-one electronic dial features modular incoming line and handset
connections for quick maintenance. Carbon (HS) and DuraClear® (DURA)
Handsets have separate 4-pin connections.
• Built-in user controlled volume "LOUD" button for ADA mandated volume
control (must be user-controlled volume amplification AND volume must reset
to normal with on-hook to meet ADA requirements)
• Powder Coated cold rolled steel provides rugged vandal resistant telephone
housing designed and built for inmate use
• Confidencer technology, built into every dial, filters out background noise at
the user's location, allowing better sound to the called party
• Heavy chrome metal keypad bezel, buttons, and hookswitch lever withstand
abuse and vandalism
39

•
•
•

• Armored handset cord is equipped with a steel lanyard (1000# pull
strength) and secured with a 14 gauge retainer bracket for maximum
vandal resistance
Handset has sealed transmitter and receiver caps, suitable for heavy use
and abuse locations
Pin-in-head security screws minimize tampering
Hearing aid compatible and FCC registered (DF4USA-75652-CC-E)

40

OPTIONAL FEATURES
T-NETIX is committed to the research and development of advanced technological
solutions to help Counties, Administrative, Corrections and Law Enforcement
staff create greater efficiencies within their operations. Evidence of recently
developed applications which demonstrate our commitment to delivering relevant
solutions includes:
INMATE VOICE MAIL (ADDITIONAL END USER FEE ApPLIED)

Our patented method of allowing secure voicemails that are left by any caller who
has an established account revolutionizes the method in which family and friends
communicate with inmates. Facilities retain the same control of recording and
monitoring as with their existing recording functionalities. Messages can be left
for individual or multiple inmates in multiple facilities. This application provides
an additional form of communication not available in standard calling systems.
The SCP takes messages from any phone and adds economic efficiency of your
facility. A secured password is created and accesses a protected account for
specific inmates that can only be accessed by the inmate, the sender and
approved facility personnel. To ensure complete facility control and security, all
messages are recorded and can be monitored in the same manner as traditional
calls.
Inmate Voice Mail is integrated with our Inmate Telephone System thus providing
the State's authorized personnel with the vast array of information readily
available through the single entry point of Graphic User Interface (GUI).
Each message will cost the subscriber $0.75 and the State will receive $0.25 as a
commission from T·NETIX.
ELECTRONIC DRAGNET (BASIC PACKAGE -

No ADDITIONAL CHARGE)

Electronic Dragnet is T-NETIX' Web-based data search application that allows
users to utilize centralized database repositories including hundreds of data points
from our 2,700 facilities in order to assist investigators in their quest to protect the
citizens of Maryland and beyond. Authorized users can access Electronic Dragnet
from any internet-capable computer using their assigned username and password.
Electronic Dragnet provides the ability to link valuable law enforcement data
sources. Maryland DPSCS will be provided information in a meaningful format to
assist frontline defenders and investigators in developing a comprehensive crime
fighting strategy. The Electronic Dragnet application provides a platform whereby
a law enforcement investigator can realize significant value through the ability to
actively obtain information about people, places, things, and events from a wide
array of public and private data sources, including T-NETIX proprietary data such
as Call Detail Records (CDRs).
SECURE INSTANT MAIL (ADDITIONAL END USER FEE ApPLIED)

T·NETIX' Secure Instant Mail™ (SIM) offers an independent, fully controlled,
electronic mail communication between the inmates and their families and friends.
This application provides correctional facilities with an array of investigative tools
to inhibit inmates' illegal activities, and the influx of contraband into the State's
facilities ensuring public and staff safety. Further, 81M retains sophisticated
layers of security to protect the integrity of these correspondences as
41

investigative tools. All incoming and outgoing e-messaging letters are digitally
recorded, catalogued, stored and available to the State for investigative review at
any time. Key word searches are available to enhance the investigative process
as well as transliteration from twelve foreign languages. Secure Instant Mail can
also create a new revenue stream, as the sender is charged a fee of $0.60 for each
two page letter sent and $0.60 for each return page requested. The facility will
receive a commission of $0.10 on each transaction.

42

THE T ·NETIX SERVICE COMMITMENT

T-NETIX is committed to providing excellent service to Maryland DPSCS at all
times. Our field technicians are fully trained professionals who are available for
immediate dispatch. T-NETIX personnel have extensive experience in the inmate
telecommunications industry and are dedicated, as is the company, to performing at
or above our customer's expectation in every aspect of our business.
T-NETIX maintains a comprehensive maintenance and Service Assurance Policy
(SAP) to ensure that the System is operating at its full capacity at all times. TNETIX SAP establishes response times and service levels that accomplish our
objective of achieving the reputation as your premier provider of inmate telephone
services and products.
Each service call will be assigned an initial acuity level. The acuity of each ticket is
escalated one level when we do not meet the established time requirements for that
acuity level. The following provides an overview of T-NETIX' policy for internal
response to incoming trouble reports:
STEP 1: The customer notifies T-NETIX' Technical Support Center (TSC) of a
problem by calling a toll free number, sending an email or a facsimile.
The Technical Support Center is in operation 24 hours a day, 7 days a
week, 365( days a year. TSC personnel identify the caller and site
location, enter the information in the database, open a trouble ticket
and assign a technician to resolve the problem.
STEP 2: Depending on the nature of the problem, the T-NETIX TSC informs the
technician of the nature and scope of the problem and a plan of action is
initiated. The nature of the problem determines course of action taken
by the TSC as follows:
a. If the problem is software related an inside technician is assigned to
diagnose and resolve the problem
b. If the problem is hardware in nature, or the inside technician is
unable to remotely diagnose, a field technician is dispatched to the
site to diagnose and resolve the problem
c. If a network problem, the Network Operations Department
personnel become actively involved
STEP 3: The responding technician(s) either resolve the problem or contacts the
Technical Support Staff for further direction.
STEP 4: If the problem remains unresolved, Technical Support contacts the
Technical Support Manager for further direction in resolving the
problem. If necessary, T-NETIX dispatches a Senior Technician to
further assist the assigned Technician.
STEP 5: The problem is resolved and tested. The responding technician
completes a service report and submits it to the TSC to update the
ticket and post to the service file.
Escalation Policy
The following is T-NETIX proposed Escalation Policy, it is subject to change based
upon the specific needs of the Maryland DPSCS:
43

Upon contact from the facility, each service call is assigned one of four initial acuity
levels, each with its own resolutions and escalation timelines. Every effort is made to
resolve the problem remotely, within the framework of the resolution timeframes. If
the problem cannot be resolved remotely, a service technician is dispatched to the
facility to expedite problem resolution. Technician dispatch also has resolution and
escalation timelines appropriate for the assigned acuity level.
If resolution is delayed, escalation procedures within T-NETIX' Management Team

are activated to ensure appropriate resources are allocated to resolve the problem.
Minimum
Service Level
Requirement

Levell

Levell

Ln'el J

Level 4

Severity
Description
Greater than 50% of a
system is not functioning
or greater than 10% of
the phones are alTected.

Customer Communication
Guideline
·Ifa technician is required, T·NETIX
contacts the customer with the
estimated time of arrival
·Technical Support Manager contacts
the facility to ensure all issues were
resolved.
Resolution Expectation is
3 hours.
Facility reports they are
•If a technician is required, T-NETIX
contacts the customer with an
experiencing phone
estimated time of arrival.
trouble impacting more
than 30"10 of the facility's ·Ifa dispatch is not required. T-NETIX
phones, but less than
contacts the customer to ensure the
issue was resolved.
50"/0.
Resolution Expectation is
12 hours.
Facility reports they are
•If a technician is required, T-NETIX
experiencing phone
contacts the customer with an
estimated time of arrival.
trouble impacting more
than 5% of phones, but
·T·NETIX contacts the customer to
less than 30"10 of the
ensure the issue was resolved.
facility.

Escalation Email
Guideline
·Respective Technical
Support Department
·Technical Support Manager
·Regional (National) VP
·Territory Manager
·Exec. Director of Service
·Regional Field Manager
• Respective Technical
Support Department
·Technical Support Manager
·(lfNational Customer)
National VP
oExecutive Director of
Service
oRegional Field Manager
·Technical Support
Department

Resolution Expectation is
24 hours.
Facility reports phone
•Ifa technician is required, T·NETIX ·Technical Support
trouble with less than S
contacts the customer with an
Department
estimated time of arrival.
% of phones or requests a
olfa dispatch is not required, T·NETIX
modification.
notifies the facility when the service
Resolution Expectation is
issue is resolved.
36 hours.

44

CORRECTIONAL BILLING SERVICES

Correctional Billing Services (CBS), a division of SECURUS, is tile only nationwide provider
to offer Customer Care and Accollnt Activation Centers solely dedicated to the friends and
family members of inmates. Representillg over 2,700 correctional facilities nationwide, we
serve ollr cllstomers utilizing Customer Service Representatives mid Automated Assistants, 24
hours a day, 7 days a week, 365 days oftile year. Cllstomer Service Representative sllpport is
available in Englisll and Spanisll langllages. We also provide cllstomer service information viti
toll free nllmber tllTolIgil ollr Automated IVR System, E-mail.all(l Website (chat and selfservice). Additionally, CBS also provides personal account access tllTougll our Website at
www.correctionalbillingservices.com
or
by
emailing
tllem
tlirectly
at
customer service@porrectionalbillingservices.com. The online website includes the ability to
cllat with our customer service staff.
Customer's questions, complaints, refllnd requests and telepllone IIumber blocks/unblocks, etc.
can be IIandled by our sllpport staff alld also via our self service website. Ollr cllstomers can
rely on best-in-class inmate communications solutions to meet tlleir every need. To establisll
all equitable relationsllip for every need, our CBS centers offer inmate families workable
payment options sucll as prepayment of their charges, remittmlce directly to the local phone
compallY, plus billing directly from CBS. We offer several payment metllOds for our
prepayment and direct billillg accounts, including an Automated IVR System, Live Person and
Website, using Credit Card and Check. We have alternative payment options incllldilig
Western Union andpayments by mail (i.e. mOlley tJrders, casllier cllecks, per~'onal check).

Numbers may be auto-blocked for a number of different reasons. When this occurs,
the customers are informed of this situation by an automated message. The message
advises them of the restriction and the reason. The CBS toll free number is then
given and repeated, inviting the customer to call the center for additional
information and instruction as to how the restriction may be removed.
The CBS staff is able to assist the customer with other issues, relating to their collect
call charges. CBS is a dedicated group, specializing in:
•

Troubleshooting calls not completing

•

Billing disputes and adjustments

•

Call rating inquires

•

Site information

Further, CBS maintains billing agreements witll most ofti,e LEC's, RBOC's and /XC's which
aI/ow CBS to include its montilly statement for charges, incurred by the ca/led party, on their
monthly billing statements.

45

MINORITY BUSINESS ENTERPRISE (MBE) PARTICIPATION
In the current contract T-NETIX has used McEnroe Voice and Data, certification
number 89-609, to lease recording equipment during the initial term of the
contract. Additionally, throughout the contract T-NETIX has purchased network
usage for the substantial DPSCS call volumes, from GURU, Inc., a
telecommunications reseller based in Maryland, certification number 03-510. The
efficiency of the new system will reduce the costs of network usage. In
anticipation of this cost reduction and subsequent reduction in MBE participation,
T-NETIX plans to engage additional MBE companies to make up any shortfall in
order to achieve the 10% MBE goal. Services that are being negotiated with
potential MBE providers include telephone installation, telephone maintenance,
and service administration and call center services.

46

IMPLEMENTATION PLAN

Attached is a copy of a Maryland DPSCS project plan to implement T-NETIX' SCP
Platform. The project details are as follows:
•
•
•
•
•

25 Facilities
Several installation teams
Multiple installs per week
Start Date: 12/18/08
Finish Date: 04/03/09

Please note that this is only an example of our approach to converting the existing
call control system to our new platform. The final implementation plan will be a
cooperative effort developed based upon the priorities of Maryland DPSCS and
factors that may include circuit availability and the use of MOE contractors in the
installation process. We provide this project plan to illustrate the level of planning
DPSCS can expect from T-NETIX.

47

FINANCIAL PLAN

T-NETIX Telecommunications Services, Inc. Offers Competitive Commissions for
Maryland Department of Public Safety and Correctional Services

While keeping inmate call rates at the affordable level is important, competitive
commissions to the Maryland Department of Public Safety and Correctional
Services are also essential. T-NETIX understands the need to balance compensation
with reasonable rates to satisfy inmates, their families and friends, and Maryland
Department of Public Safety and Correctional Services Officials. Inmate telephone
commissions currently provide an important source of revenue to the Maryland
Department of Public Safety and Correctional Services and T-NETIX believes our
commission offer paired with proactive inmate phone and system inspections will
increase the frequency of inmate calling, therefore increasing the overall total calls
originating from the facilities and increasing the Department of Public Safety and
Correctional Service's commissions.
T-NETIX' commissions to the Maryland Department of Public Safety and
Correctional Services will be based on a straight percentage of all originating,
billable revenue. Collecting the revenue is T-NETIX' responsibility and no
deductions for uncollected revenue will be applied to the calculation of commissions.
A comprehensive usage and revenue report is provided with our monthly
commission payments.
Please see Commission Summary table below.

48

State of Maryland
DPSCS
Original Contract Expiration:December 31, 2006
There are two additional one year extensions for 2007 and 2008 at the option of the State.

The call rates and commissions below will be in effect for the additional years of
2009 and 2010

Summary of Call Rates
Collect

Prepaid

$0.85

$0.50

IntraLATA
1St Min
Add'l Min

$2.25
See Table Below
See Table Below

$2.25
$0..27
$0.21

InterLATA
Intrastate
1St Min
Add'l Min

$2.85
$0.30

$0.30
$0.30

InterLATA
Interstate
1St Min
Add'l Min

$3.00
$0.30

$0.30
$0.30

Local

Commissions Summary
Local

Collect
48%

Prepaid
60%

InterLATA

57.5%

60%

49

IntraLATA I Collect Rates
IntraLATAl Collect:

-S- 2.25

IntraLATA Call Rates

Rate
Airline
Miles

1 to 10
lIto 16
17 to 22
23 to 30
31 to 40
41 to 55
56 to 70
71 to 124

Day

Day

Evening

Evening

Night &
Weekend

Night &
Weekend

Initial
Period I
Minute

Add'i
Period
Each 1
Minute

Initial
Period I
Minute

Add'i
Period
Each 1
Minute

Initial
Period I
Minute

Add'i
Period
Each I
Minute

$0.21
$0.22
$0.25
$0.27
$0.28
$0.29
$0.30
SO.31

SO.10
$0.15
$0.17
$0.21
$0.22
$0.23
$0.24
$0.25

SO.15
SO.18
SO.20
SO.24
$0.25
SO.26
$0.27
$0.28

$0.07
$0.09
$0.10
$0.14
$0.17
SO.19
SO.20
SO.21

END OF EXHIBIT B

50

$0.10
SO.12
SO.13
$0.16
$0.18
SO.19
$0.20
$0.21

$0.06
$0.07
SO.08
$0.09
$0.11
$0.12
SO.13
SO.14

EXHIBITC
Living Wage Requirements for Service Contracts

A.

This contract is subject to the Living Wage requirements under Title 18, State
Finance and Procurement Article, Annotated Code of Maryland and the
regulations proposed by the Commissioner of Labor and Industry. The Living
Wage generally applies to a Contractor or Subcontractor who performs work
on a State contract for services that is valued at $100,000 or more. An
employee is subject to the Living Wage if he/she is at least 18 years old or
will tum 18 during the duration of the contract; works at least 13 consecutive
weeks on the State Contract and spends at least one-half of the employee's
time during any work week on the State Contract. The Living Wage Law
does not apply to an employee who works less than thirteen consecutive
weeks and full-time on a contract subject to the Living Wage.

B.

The Living Wage Law does not apply to:
(l)A Contractor who:
(A)

has a State contract for services valued at less than
$100,000, or

(B)

employs 10 or fewer employees and has a State contract for
services valued at less than $500,000.

(2)A Subcontractor who:
(A)

performs work on a State contract for services valued at
less than $100,000,

(B)

employs 10 or fewer employees and performs work on a
State contract for services valued at less than $500,000, or

(C)

performs work for a contractor not covered by the Living
Wage Law as defined in B(I)(B) above, or B(3) or C
below.

(3) Contracts involving services needed for the following:
(A)
(B)
(C)
(D)
C.

Services with a Public Service Company;
Services with a nonprofit organization;
Services with an officer or other entity that is in the
Executive Branch of the State government and is
authorized by law to enter into a procurement ("Unit"); or
Services between a Unit and a County or Baltimore City.

If the Unit responsible for the State contract determines that application of the
Living Wage would conflict with any applicable Federal program, the Living
Wage does not apply to the contract or program.
51

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UA@@@.4

tW0tM&&W.t..tt.w.£

WSW.g,.'... .

MAnh .

;;;a&kYt¥3"$..t.J.c,q J.Ut,s.s.W.J&.4J. .4.4.4 ..

luI. l.:"

i ..

X..Q U)iQ.;c,AJ.v.bx.. C%.WWi

(k

D.

A Contractor must not split or subdivide a contract, pay an employee through
a third party, or treat an employee as an independent contractor or assign work
to employees to avoid the imposition of any of the requirements of Title 18,
State Finance and Procurement, Annotated Code of Maryland.

E.

Each Contractor/Subcontractor, subject to the Living Wage Law, shall post in
a prominent and easily accessible place at the work site(s) of covered
employees a notice of the Living Wage Rates, employee rights under the law,
and the name, address, and telephone number of the Commissioner.

F.

The Commissioner of Labor and Industry shall adjust the wage rates by the
annual average increase or decrease, if any, in the Consumer Price Index for
all urban consumers for the Washington/Baltimore metropolitan area, or any
successor index, for the previous calendar year, not later than 90 days after the
start of each fiscal year. The Commissioner shall publish any adjustments to
the wage rates on the Division of Labor and Industry's Website. An employer
subject to the Living Wage Law must comply with the rate requirements
during the initial term of the contract and all subsequent renewal periods,
including any increases in the wage rate, required by the Commissioner,
automatically upon the effective date of the revised wage rate.

G.

A Contractor/Subcontractor who reduces the wages paid to an employee based
on the employer's share of the health insurance premium, as provided in §18103(c), State Finance and Procurement Article, Annotated Code of Maryland,
shall not lower an employee's wage rate below the minimum wage as set in
§3-413, Labor and Employment Article, Annotated Code of Maryland. A
Contractor/Subcontractor who reduces the wages paid to an employee based
on the employer's share of health insurance premium shall comply with any
record reporting requirements established by the Commissioner of Labor and
Industry.

H.

A Contractor/Subcontractor may reduce the wage rates paid under §18-103(a),
State Finance and Procurement, Annotated Code of Maryland, by no more
than 50 cents of the hourly cost of the employer's contribution to an
employee's deferred compensation plan. A Contractor/Subcontractor who
reduces the wages paid to an employee based on the employer's contribution
to an employee's deferred compensation plan shall not lower the employee's
wage rate below the minimum wage as set in §3-413, Labor and Employment
Article, Annotated Code of Maryland.

I.

Under Title 18, State and Finance Procurement Article, Annotated Code of
Maryland, if the Commissioner determines that the Contractor/Subcontractor
violated a provision of this title or regulations of the Commissioner, the
Contractor/Subcontractor shall pay restitution to each affected employee, and
the State may assess liquidated damages of $20 per day for each employee
paid less than the Living Wage.

52

Affidavit of Agreement
Maryland Living Wage Requirements-Service Contracts
Contract No.

_

Name of Contractor

_

Address

_

City

State

Zip Code

_

If the Contract is Exempt from the Living Wage Law

The Undersigned, being an authorized representative of the above named
Contractor, hereby affirms that the Contract is exempt from Maryland's Living
Wage Law for the following reasons (check all that apply):

oBidderjOfferor is a nonprofit organization
o
Bidders/Offeror is a public service company
o
Bidder/Offeror employs 10 or fewer employees and
o

the proposed
contract value is less than $500,000
Bidder/Offeror employs more than 10 employees and the proposed
contract value is less than $100,000

If the Contract is a Living Wage Contract

A.

The Undersigned, being an authorized representative of the above named
Contractor, hereby affirms our commitment to comply with Title 18, State
Finance and Procurement Article, Annotated Code of Maryland and, if
required, to submit all payroll reports to the Commissioner of Labor and
Industry with regard to the above stated contract. The Bidder j Offeror
agrees to pay covered employees who are subject to living wage at least
the living wage rate in effect at the time service is provided for hours
spent on State contract activities, and to ensure that its Subcontractors
who are not exempt also pay the required living wage rate to their
covered employees who are subject to the living wage for hours spent on a
State contract for services. The Contractor agrees to comply with, and
ensure its Subcontractors comply with, the rate requirements during the
initial term of the contract and all subsequent renewal periods, including
any increases in the wage rate established by the Commissioner of Labor
and Industry, automatically upon the effective date of the revised wage
rate.

53

Affidavit of Agreement (continued)
Maryland Living Wage Requirements-Service Contracts
B.

(initial here if applicable) The Bidder/Offeror
affirms it has no covered employees for the following reasons: (check all
that apply):

o
o
o

The employee(s) proposed to work on the contract will spend less
than one-half of the employee's time during any work week on the
contract
The employee(s) proposed to work on the contract is 17 years of
age or younger during the duration of the contract; or
The employee(s) proposed to work on the contract will work less
than 13 consecutive weeks on the State contract.

The Commissioner of Labor and Industry reserves the right to request payroll
records and other data that the Commissioner deems sufficient to confirm these
affirmations at any time.

Name

of

Authorized

Signature of Authorized Representative Date

Title

Witness Name (Typed or Printed)

Witness Signature Date

54

Representative:

ATTACHMENT D-l
CERTIFIED MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT
This document shall be included with the submittal of the bid or offer. If the bidder or Offeror
fails to submit this form with the bid or offer, the procurement officer shall deem the bid nonresponsible or shall determine that the offer is not reasonably susceptible of being selected for
award.
In conjunction with the offer submitted in responses to Solicitation Number DPSCS Q0009005. I affirm
the following:

I.

I acknowledge the overall certified Minority Business Enterprise (MBE) participation goal of 10
percent and, if specified in the solicitation subgoals of _ _ percent for MBEs classified as
African American- owned and __ percent for MBEs classified as women-owned. I have made a
good faith effort to achieve this goal.
OR
After having made a good faith effort to achieve the MBE participation goal, I conclude I am
% and request a waiver of
unable to achieve it. Instead, I intend to achieve an MBE goal of
the remainder of the goal. If I submit the apparent low bid or am selected as the apparent awardee
(competitive sealed proposal), I will submit written waiver documentation that complies with
COMAR 21.11.03.11 within 10 business days of receiving notification that our firm is the apparent
low bidder of the apparent awardee.

2.

I acknowledge that the MBE subcontractors/suppliers listed in the MBE Participation Schedule
will be used to accomplish the percentage of MBE participation that I intend to achieve.

3.

I have identified the specific commitment of certified Minority Business Enterprises by completing
and submitting an MBE Participation Schedule with the bid or proposal.

4.

I understand that if I am notified that I am the apparent awardee, I must submit the following
documentation within 10 working days of receiving notice of potential award or from the date of
conditional award (per COMAR 21.11.03.10), whichever is earlier:
(a)Outreach Efforts Compliance Statement (Attachment D-3)
(b)Subcontractor Project Participation Statement (Attachment D-4)
(c)MBE Waiver Documentation per COMAR 21.11.03.11 (if applicable)
(d)
Any other documentation required by the Procurement Officer to ascertain
bidder or Offeror responsibility in connection with the certified MBE
participation goal.
I acknowledge that if I fail to return each completed document within the required time, the
Procurement Officer may determine that I am not responsible and therefore not eligible for
contract award. If the contract has not already been awarded, the award is voidable.

5.

In the solicitation of subcontract or offers, MBE subcontractors were provided not less than the
same information and amount of time to respond as were non-MBE subcontractors.

55

I solemnly affirm under the penalties of perjury that the contents of this paper are true to the
best of my knowledge, information, and belief.

Bidder/Offeror Name

Signature of Affiant

Address

Printed Name, Title and Phone Number

Date

SUBMIT THIS AFFIDAVIT WITH PROPOSAL

56

ATTACHMENTD-2
MBE PARTICIPATION SCHEDULE
This document shall be included with the submittal of the bid or offer. If the bidder
or Offeror fails to submit this form with the bid or offer, the procurement officer
shall deem the bid non-responsive or shall determine that the offer is not reasonably
susceptible of being selected for award.

Prime Contractor (Firm Name, Address,
Phone)

Project Description

Project Number

Minority Firm Name

MBE Certification Number

Works to be Performed
Percentage of Total Contract
Minority Firm Name

MBE Certification Number

Works to be Performed
Percentage of Total Contract
Minority Firm Name

MBE Certification Number

Works to be Performed
Percentage of Total Contract

USE ATTACHMENT D-2 CONTINUATION PAGE AS NEEDED
SUMMARY
TOTAL MBE PARTICIPATION:

---_%

TOTAL AFRICAN-AMERICAN MBE PARTICIPATION:

---_%

TOTAL WOMEN-OWNED MBE PARTICIPATION:

---_%

Document Prepared By (Please print or type):
Name:

_

Title:

_

57

ATTACHMENT D-2 CONT.
ZNi'm,i'8!"@:r{{g!?lKl$t;1Mf0rmatiorl,.f9iyrn.ach)\~~e(lJJMlB§SuJ).6Qntri¢tQ~i~ni;fhi~~!Qi~t·. . . . .

Minority Firm Name

_.

MBE Certification Number

Works to be Performed
Percentage of Iotal Contract
Minority Firm Name

MBE Certification Number

Works to be Performed
Percentage of Iotal Contract
Minority Firm Name

MBE Certification Number

Works to be Performed
Percentage of Total Contract
Minority Firm Name

MBE Certification Number

Works to be Performed
Percentage of Total Contract
Minority Firm Name

MBE Certification Number

Works to be Performed
Percentage of Total Contract
Minority Firm Name

MBE Certification Number

Works to be Performed
Percentage of Total Contract
Minority Firm Name

MBE Certification Number

Works to be Performed
Percentage of Iotal Contract

58

..

,

-'

ATTACHMENT D-3
OUTREACH EFFORTS COMPLIANCE STATEMENT
In conjunction with the proposal or offer submitted in response to Solicitation Number DPSCS
Q0009005, I state the following:
1.

Bid/Offeror identified opportunities to subcontract in these specific work categories.

2.

Attached to this fonn are copies of written solicitation (with instructions) used to solicit
certified MBEs for these subcontract opportunities. (Item #2 on this form is optional for
the initial solicitation phase.)

3.

Bid/Offeror made the following attempts to contact personally the solicited MBEs.

4.

Bid/Offeror assisted MBEs to fulfill or to seek waiver of bonding requirements.
(DESCRIBE EFFORTS)

_ _ This project does not involve bonding requirements.

5.

Bid/Offeror_ _ DID_ _D.ID NOT attend the pre-proposal conference.
_ _ No pre-proposal conference was held.

Bid/Offeror Name

Signature of Affiant

Address

Name, Title

Date

59

ATTACHMENT D-4
SUBCONTRACTOR PROJECT PARTICIPATION STATEMENT
SUBMIT ONE FORM FOR EACH CERTIFIED MBE LISTED IN THE MBE
PARTICIPATION SCHEDULE.

Provided that

- - - - -(Prime
- -Contractor
- - -Name)
- - - - - - is awarded the State contract in

conjunction with Solicitation Number DPSCS Q0008005, it and
MDOT Certification No.

, intend to enter into a contract by which subcontractor

(Describe Work)

_ _ No bonds are required of Subcontractor.
_ _ The following amount and type of bonds are required of Subcontractor.

Subcontractor Signature

Prime Contractor Signature
By:

---:Name, Title and Phone Number

_

_

By:

---------:---:---:-::--Name, Title and Phone Number

Date

Date

60

ATTACHMENT D-S
MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
INFORMATION TECHNOLOGY & COMMUNICATIONS DMSION
MINORITY BUSINESS ENTERPRISE PARTICIPATION

PRIME CONTRACTOR UNPAID MBE INVOICE REPORT
To be Completed Monthly by Prime Contractor
Report: MonthlYear

_

Report due by the IS\ll offollowing month.

ADPICS Document Numbers
Blanket Purchase Order Number

Purchase Order Number
MBE Subcontract Amount
Contract Begin Date
Contract End Date

Prime Contractor
Address
City
Phone

_
_

Contact Person
State________

--,Zip

_
_

Contact Person
----:::-:State________ Zip

_
_

Fax

_
_

Subcontractor
_
Address
_
City
Phon-e--------------------

Fax

Subcontractor Services Provided

_

_

_

List any unpaid invoices over 30 days old received from this vendor and reason for non-payment.
l.

2.
3.

Total Amount Unpaid

$

_

** If more than one MOE subcontractor is used for this contract, please use separate forms & include the blanket purchase order number.
Slgnature

Date

---------

_

(Prime Contractor)
Return one (1) copy of tbis form to eacb of tbe following addresses:

Dayena Corcoran, Assistant Warden
Maryland Correctional Institution for Women
Department of Public Safety & Correctional Services
7932 Brock Bridge Road
Jessup, MD 20794

Dennis Smith, MBE Director
Office of Minority Affairs
Department oCPublic Safety & Correctional Services
6776 Reisterstown Road, suite 208
Baltimore, MD 21215 Baltimore, MD 21215
61

ATTACHMENT D-6
MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES
MINORITY BUSINESS ENTERPRISE PARTICIPATION

SUBCONTRACTOR PAYMENT REPORT
To be Completed Monthly by MBE Subcontractor
Report: Month/Year

_

Report due by the 15th offollowing month.
ADPICS Document Numbers
Blanket Purchase Order Number

Purchase Order Number
MBE Subcontract Amount
Contract Begin Date
Contract End Date
MBE Subcontractor Name

_

MOOT Certification #

_

Contact Person

_

Address

_

City

_

Phone

State
_

_

Zip

Fax

_

_

Subcontractor Services Provided

_

List all payments received from Prime Contractor in the preceding 30 days.

List dates and amounts of any outstanding invoices.

I.

I.

2.

2.

3.

3.

TOTAL DOLLARS PAID $,

_

TOTAL DOLLARS UNPAID $

_

Prime Contractor Name

_

Contact Person

_

Signnture_-:(Subcontrador)

Date

_

Return oae (l) fOP)" or this rorm to tilth or the rollowlng addresses:

Dayena Corcoran, Assistant Warden
Maryland Correctional Institution for Women
Department of Public Safety & Correctional Services
7932 Brock Bridge Road
Jessup, MD 20794

Dennis Smith. MBE Director
Office of Minority Affairs
Department of Public Safety & Correctional Services
6776 Reisterstown Road, suite 208
Baltimore, MD 21215 Baltimore, MD 2121S

62

_