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Agreement between the City and County of San Francisco and Global Tel*Link

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City and County of San Francisco
Office of Contract Administration
Purchasing Division
City Hall, Room 430
1 Dr. Carlton B. Goodlett Place
San Francisco, California 94102-4685

Agreement between the City and County of San Francisco and
Global Tel*Link
Contract ID 1000017882

This Agreement is made this First day of August, 2020, in the City and County of San Francisco
(“City), State of California, by and between GLOBAL TEL*LINK, 3120 Fairview Park Drive,
Suite 300, Falls Church, VA 22042 (“Contractor”) and City.
Recitals
WHEREAS, the San Francisco Sheriff’s Office (“Department”) wishes to contract for
incarcerated person communications services and additional technologies as defined below; and,
WHEREAS, this Agreement was competitively procured as required by San Francisco
Administrative Code Chapter 21.1 through a Request for Proposal (“RFP”) SHF | 2019-11/
Sourcing Event No. 0000003286 issued on December 20, 2019, in which City selected
Contractor as the highest qualified scorer pursuant to the RFP; and
WHEREAS, there is no Local Business Entity (“LBE”) subcontracting participation requirement
for this Agreement; and
WHEREAS, Contractor represents and warrants that it is qualified to perform the Services
required by City as set forth under this Agreement; and
WHEREAS, the City’s Civil Service Commission approved Contract number PSC 40238-19/20
on January 6, 2020;
Now, THEREFORE, the parties agree as follows:
Article 1

Definitions

The following definitions apply to this Agreement:
1.1
"Agreement" means this contract document, including all attached appendices,
and all applicable City Ordinances and Mandatory City Requirements specifically incorporated
into this Agreement by reference as provided herein.
1.2
"City" or "the City" means the City and County of San Francisco, a municipal
corporation, acting by and through both its Director of the Office of Contract Administration or

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the Director’s designated agent, hereinafter referred to as “Purchasing” and San Francisco
Sheriff’s Office.
1.3

"CMD" means the Contract Monitoring Division of the City.

1.4
"Confidential Information" means confidential City information including, but not
limited to, personally-identifiable information (“PII”), protected health information (“PHI’), or
individual financial information (collectively, "Proprietary or Confidential Information") that is
subject to local, state or federal laws restricting the use and disclosure of such information,
including, but not limited to, Article 1, Section 1 of the California Constitution; the California
Information Practices Act (Civil Code § 1798 et seq.); the California Confidentiality of Medical
Information Act (Civil Code § 56 et seq.); the federal Gramm-Leach-Bliley Act (15 U.S.C. §§
6801(b) and 6805(b)(2)); the privacy and information security aspects of the Administrative
Simplification provisions of the federal Health Insurance Portability and Accountability Act (45
CFR Part 160 and Subparts A, C, and E of part 164); and San Francisco Administrative Code
Chapter 12M (Chapter 12M).
1.5
"Contractor" or "Consultant" means GLOBAL TEL*LINK, 3120 Fairview Park
Drive, Suite 300, Falls Church, VA 22042.
1.6
"Deliverables" means Contractor's work product resulting from the Services
provided by Contractor to City during the course of Contractor's performance of the Agreement,
including without limitation, the work product described in the “Scope of Services” attached as
Appendix A.
1.7
"Effective Date" means the date upon which the City's Controller certifies the
availability of funds for this Agreement as provided in Section 3.1.
1.8
"Mandatory City Requirements" means those City laws set forth in the San
Francisco Municipal Code, including the duly authorized rules, regulations, and guidelines
implementing such laws that impose specific duties and obligations upon Contractor.
1.9
"Party" and "Parties" mean the City and Contractor either collectively or
individually.
1.10 "Services" means the work performed by Contractor under this Agreement as
specifically described in the "Scope of Services" attached as Appendix A, including all services,
labor, supervision, materials, equipment, actions and other requirements to be performed and
furnished by Contractor under this Agreement.

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Article 2

Term of the Agreement

2.1
The term of this Agreement shall commence on August 1, 2020 and expire on
July 31, 2023, unless earlier terminated as otherwise provided herein.
The City has two options to renew the Agreement for a period of one year each. The City may
extend this Agreement beyond the expiration date by exercising an option at the City’s sole and
absolute discretion and by modifying this Agreement as provided in Section 11.5, “Modification
of this Agreement.”
Article 3

Financial Matters

3.1
Certification of Funds; Budget and Fiscal Provisions; Termination in the
Event of Non-Appropriation. This Agreement is subject to the budget and fiscal provisions of
the City’s Charter. Charges will accrue only after prior written authorization certified by the
Controller, and the amount of City’s obligation hereunder shall not at any time exceed the
amount certified for the purpose and period stated in such advance authorization. This
Agreement will terminate without penalty, liability or expense of any kind to City at the end of
any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are
appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty,
liability or expense of any kind at the end of the term for which funds are appropriated. City has
no obligation to make appropriations for this Agreement in lieu of appropriations for new or
other agreements. City budget decisions are subject to the discretion of the Mayor and the Board
of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the
consideration for this Agreement.
THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF
THIS AGREEMENT.
3.2
Guaranteed Maximum Costs. The City’s payment obligation to Contractor
cannot at any time exceed the amount certified by City's Controller for the purpose and period
stated in such certification. Absent an authorized Emergency per the City Charter or applicable
Code, no City representative is authorized to offer or promise, nor is the City required to honor,
any offered or promised payments to Contractor under this Agreement in excess of the certified
maximum amount without the Controller having first certified the additional promised amount
and the Parties having modified this Agreement as provided in Section 11.5, "Modification of
this Agreement."
3.3

Compensation.

3.3.1 Payment. Contractor shall provide an invoice to the City on a monthly
basis on, or prior, to the first day of each month for Services to be provided in the specified
month, unless a different schedule is set out in Appendix A, Section I "Rates and Fees."
Compensation shall be made for Services identified in the invoice that the Sheriff, in his or her
sole discretion, concludes has been satisfactorily performed. Payment shall be made within
fifteen (15) calendar days of receipt of the invoice. If City does not remit payment within thirty
(30) days of the due date, the Contractor, can at its option, terminate the Services. In no event
shall the amount of this Agreement exceed One Million Five Hundred Ninety Thousand Six
Hundred Sixteen Dollars ($1,590,616) for the initial Agreement term of 3 years. Should the City
renew the Agreement, as detailed in Article 2, Term of the Agreement, each renewal term of the

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Agreement shall not exceed Four Hundred Ninety Six Thousand Six Hundred Sixty Three
Dollars ($496,663). The breakdown of charges associated with this Agreement appears in
Appendix A , Section I. - “Rates and Fees,” Subsection 3 – “Calculation of Charges” attached
hereto and incorporated by reference as though fully set forth herein.
3.3.2 Payment Limited to Satisfactory Services. Contractor is not entitled to
any payments from City until the San Francisco Sheriff’s Office approves Services, including
any furnished Deliverables, as satisfying all of the requirements of this Agreement. Payments to
Contractor by City shall not excuse Contractor from its obligation to replace unsatisfactory
Deliverables, including equipment, components, materials, or Services even if the unsatisfactory
character of such Deliverables, equipment, components, materials, or Services may not have
been apparent or detected at the time such payment was made. Deliverables, equipment,
components, materials and Services that do not conform to the requirements of this Agreement
may be rejected by City and in such case must be replaced by Contractor without delay at no cost
to the City.
3.3.3 Withhold Payments. If Contractor fails to provide Services in
accordance with Contractor's obligations under this Agreement, the City may pursue liquidated
damages as detailed in Appendix A, Section I. – “Rates and Fees,” Subsection 4 – “Liquidated
Damages.” If after City's pursuit of liquidated damages or Contractor continues to fail to provide
Services in accordance with Contractor’s obligations under this Agreement, the City may
provide Contractor with 10 days’ notice and subsequently withhold any and all payments due
Contractor until such failure to perform is cured, and Contractor shall not stop work as a result of
City's withholding of payments as provided herein.
3.3.4 Invoice Format. Invoices furnished by Contractor under this Agreement
must be in a form acceptable to the Controller and City, and must include a unique invoice
number. Payment shall be made by City as specified in 3.3.6 or in such alternate manner as the
Parties have mutually agreed upon in writing.
3.3.5

Reserved. (LBE Payment and Utilization Tracking System.)

3.3.6

Getting paid by the City for goods and/or services.

(a)
All City vendors receiving new contracts, contract renewals, or
contract extensions must sign up to receive electronic payments through the City's Automated
Clearing House (ACH) payments service/provider. Electronic payments are processed every
business day and are safe and secure. To sign up for electronic payments, visit
www.sfgov.org/ach.
(b)
The following information is required to sign up: (i) The enroller
must be their company's authorized financial representative, (ii) the company's legal name, main
telephone number and all physical and remittance addresses used by the company, (iii) the
company's U.S. federal employer identification number (EIN) or Social Security number (if they
are a sole proprietor), and (iv) the company's bank account information, including routing and
account numbers.
3.4
Audit and Inspection of Records. Contractor agrees to maintain and make
available to the City, during regular business hours, accurate books and accounting records
relating to its Services. Contractor will permit City to audit, examine and make excerpts and
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transcripts from such books and records, and to make audits of all invoices, materials, payrolls,
records or personnel and other data related to all other matters covered by this Agreement,
whether funded in whole or in part under this Agreement. Contractor shall maintain such data
and records in an accessible location and condition for a period of not fewer than five years after
final payment under this Agreement or until after final audit has been resolved, whichever is
later. The State of California or any Federal agency having an interest in the subject matter of
this Agreement shall have the same rights as conferred upon City by this Section. Contractor
shall include the same audit and inspection rights and record retention requirements in all
subcontracts.
3.5
Submitting False Claims. The full text of San Francisco Administrative Code
Chapter 21, Section 21.35, including the enforcement and penalty provisions, is incorporated into
this Agreement. Pursuant to San Francisco Administrative Code §21.35, any contractor or
subcontractor who submits a false claim shall be liable to the City for the statutory penalties set
forth in that section. A contractor or subcontractor will be deemed to have submitted a false
claim to the City if the contractor or subcontractor: (a) knowingly presents or causes to be
presented to an officer or employee of the City a false claim or request for payment or approval;
(b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false
claim paid or approved by the City; (c) conspires to defraud the City by getting a false claim
allowed or paid by the City; (d) knowingly makes, uses, or causes to be made or used a false
record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or
property to the City; or (e) is a beneficiary of an inadvertent submission of a false claim to the
City, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the
City within a reasonable time after discovery of the false claim.
3.6

Reserved. (Payment of Prevailing Wages.)
Article 4

Services and Resources

4.1
Services Contractor Agrees to Perform. Contractor agrees to perform the
Services stated in Appendix A, “Scope of Services." Officers and employees of the City are not
authorized to request, and the City is not required to reimburse the Contractor for, Services
beyond the Scope of Services listed in Appendix A, unless Appendix A is modified as provided
in Section 11.5, "Modification of this Agreement."
4.2
Qualified Personnel. Contractor shall utilize only competent personnel under the
supervision of, and in the employment of, Contractor (or Contractor's authorized subcontractors)
to perform the Services. Contractor will comply with City’s reasonable requests regarding
assignment and/or removal of personnel, but all personnel, including those assigned at City’s
request, must be supervised by Contractor. Contractor shall commit adequate resources to allow
timely completion within the project schedule specified in this Agreement.
4.3

Subcontracting.

4.3.1 Contractor may subcontract portions of the Services only upon prior
written approval of City. Contractor is responsible for its subcontractors throughout the course of
the work required to perform the Services. All Subcontracts must incorporate the terms of Article
10 “Additional Requirements Incorporated by Reference” of this Agreement, unless inapplicable.

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Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of, the
other Party. Any agreement made in violation of this provision shall be null and void.
4.3.2 City's execution of this Agreement constitutes its approval of the
subcontractors listed below.
Purple Communications
4.4
Expenses.

Independent Contractor; Payment of Employment Taxes and Other

4.4.1 Independent Contractor. For the purposes of this Section 4.4,
"Contractor" shall be deemed to include not only Contractor, but also any agent or employee of
Contractor. Contractor acknowledges and agrees that at all times, Contractor or any agent or
employee of Contractor shall be deemed at all times to be an independent contractor and is
wholly responsible for the manner in which it performs the services and work requested by City
under this Agreement. Contractor, its agents, and employees will not represent or hold
themselves out to be employees of the City at any time. Contractor or any agent or employee of
Contractor shall not have employee status with City, nor be entitled to participate in any plans,
arrangements, or distributions by City pertaining to or in connection with any retirement, health
or other benefits that City may offer its employees. Contractor or any agent or employee of
Contractor is liable for the acts and omissions of itself, its employees and its agents. Contractor
shall be responsible for all obligations and payments, whether imposed by federal, state or local
law, including, but not limited to, FICA, income tax withholdings, unemployment compensation,
insurance, and other similar responsibilities related to Contractor’s performing services and
work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall
be construed as creating an employment or agency relationship between City and Contractor or
any agent or employee of Contractor. Any terms in this Agreement referring to direction from
City shall be construed as providing for direction as to policy and the result of Contractor’s work
only, and not as to the means by which such a result is obtained. City does not retain the right to
control the means or the method by which Contractor performs work under this Agreement.
Contractor agrees to maintain and make available to City, upon request and during regular
business hours, accurate books and accounting records demonstrating Contractor’s compliance
with this section. Should City determine that Contractor, or any agent or employee of Contractor,
is not performing in accordance with the requirements of this Agreement, City shall provide
Contractor with written notice of such failure. Within five (5) business days of Contractor’s
receipt of such notice, and in accordance with Contractor policy and procedure, Contractor shall
remedy the deficiency. Notwithstanding, if City believes that an action of Contractor, or any
agent or employee of Contractor, warrants immediate remedial action by Contractor, City shall
contact Contractor and provide Contractor in writing with the reason for requesting such
immediate action.
4.4.2 Payment of Employment Taxes and Other Expenses. Should City, in
its discretion, or a relevant taxing authority such as the Internal Revenue Service or the State
Employment Development Division, or both, determine that Contractor is an employee for
purposes of collection of any employment taxes, the amounts payable under this Agreement shall
be reduced by amounts equal to both the employee and employer portions of the tax due (and
offsetting any credits for amounts already paid by Contractor which can be applied against this
liability). City shall then forward those amounts to the relevant taxing authority. Should a

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relevant taxing authority determine a liability for past services performed by Contractor for City,
upon notification of such fact by City, Contractor shall promptly remit such amount due or
arrange with City to have the amount due withheld from future payments to Contractor under
this Agreement (again, offsetting any amounts already paid by Contractor which can be applied
as a credit against such liability). A determination of employment status pursuant to this Section
4.4 shall be solely limited to the purposes of the particular tax in question, and for all other
purposes of this Agreement, Contractor shall not be considered an employee of City.
Notwithstanding the foregoing, Contractor agrees to indemnify and save harmless City and its
officers, agents and employees from, and, if requested, shall defend them against any and all
claims, losses, costs, damages, and expenses, including attorneys’ fees, arising from this section.
4.5
Assignment. The Services to be performed by Contractor are personal in
character. Neither this Agreement, nor any duties or obligations hereunder, may be directly or
indirectly assigned, novated, hypothecated, transferred, or delegated by Contractor, or, where the
Contractor is a joint venture, a joint venture partner, (collectively referred to as an
“Assignment”) unless first approved by City by written instrument executed and approved in the
same manner as this Agreement in accordance with the Administrative Code. The City’s
approval of any such Assignment is subject to the Contractor demonstrating to City’s reasonable
satisfaction that the proposed transferee is: (i) reputable and capable, financially and otherwise,
of performing each of Contractor’s obligations under this Agreement and any other documents to
be assigned, (ii) not forbidden by applicable law from transacting business or entering into
contracts with City; and (iii) subject to the jurisdiction of the courts of the State of California. A
change of ownership or control of Contractor or a sale or transfer of substantially all of the assets
of Contractor shall be deemed an Assignment for purposes of this Agreement. Contractor shall
immediately notify City about any Assignment. Any purported Assignment made in violation of
this provision shall be null and void.
4.6
Warranty. Contractor warrants to City that the Services will be performed with
the degree of skill and care that is required by current, good and sound professional procedures
and practices, and in conformance with generally accepted professional standards prevailing at
the time the Services are performed so as to ensure that all Services performed are correct and
appropriate for the purposes contemplated in this Agreement.
4.7
Liquidated Damages. By entering into this Agreement, Contractor agrees that in
the event the Services are delayed beyond the scheduled milestones and timelines as provided in
Appendix A, Section I. Rates and Fees, City will suffer actual damages that will be impractical
or extremely difficult to determine. Contractor agrees that the amounts as specified in Appendix
A are not penalties, but is a reasonable estimate of the loss that City will incur based on the
delay, established in light of the circumstances existing at the time this Agreement was awarded.
City may deduct a sum representing the liquidated damages from any money due to Contractor
under this Agreement or any other contract between City and Contractor. Such deductions shall
not be considered a penalty, but rather agreed upon monetary damages sustained by City because
of Contractor’s failure to furnish deliverables to City within the time fixed or such extensions of
time permitted in writing by City.

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Article 5
5.1

Insurance and Indemnity

Insurance.

Required Coverages. Without in any way limiting Contractor’s liability pursuant to the
“Indemnification” section of this Agreement, Contractor must maintain in force, during the full
term of the Agreement, insurance in the following amounts and coverages:
(a)
Workers’ Compensation, in statutory amounts, with Employers’
Liability Limits not less than $1,000,000 each accident, injury, or illness; and
(b)
Commercial General Liability Insurance with limits not less than
$1,000,000 each occurrence and $2,000,000 general aggregate for Bodily Injury and Property
Damage, including Contractual Liability, Personal Injury, Products and Completed Operations;
and
(c)
Commercial Automobile Liability Insurance with limits not less
than $1,000,000 each occurrence, “Combined Single Limit” for Bodily Injury and Property
Damage, including Owned, Non-Owned and Hired auto coverage, as applicable.
(d)
Technology Errors and Omissions Liability coverage, with limits
of $2,000,000 for each claim and each loss, and $4,000,000 general aggregate. The policy shall
at a minimum cover professional misconduct or lack of the requisite skill required for the
performance of services defined in the contract and shall also provide coverage for the following
risks:
Network security liability arising from the unauthorized
access to, use of, or tampering with computers or computer systems, including hacker attacks;
and
(i)

Liability arising from the introduction of any form of
malicious software including computer viruses into, or otherwise causing damage to the City’s or
third person’s computer, computer system, network, or similar computer related property and the
data, software, and programs thereon.
(ii)

(e)
Contractor shall maintain in force during the full life of the
agreement Cyber and Privacy Insurance with limits of not less than $1,000,000 per claim. Such
insurance shall include coverage for liability arising from theft, dissemination, and/or use of
confidential information, including but not limited to, bank and credit card account information
or personal information, such as name, address, social security numbers, protected health
information or other personally identifying information, stored or transmitted in electronic form.
5.1.2 Commercial General Liability and Commercial Automobile Liability
Insurance policies must be endorsed to name as Additional Insured the City and County of San
Francisco, its Officers, Agents, and Employees.
5.1.3 Contractor’s Commercial General Liability and Commercial Automobile
Liability Insurance policies shall provide that such policies are primary insurance to any other
insurance available to the Additional Insureds, with respect to any claims arising out of this
Agreement, and that the insurance applies separately to each insured against whom claim is
made or suit is brought.

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5.1.4 All policies shall be endorsed to provide thirty (30) days’ advance written
notice to the City of cancellation for any reason, intended non-renewal, or reduction in
coverages. Notices shall be sent to the City address set forth in Section 11.1, entitled “Notices to
the Parties.”
“Contractor shall provide thirty (30) days’ advance written notice to the City of cancellation,
intended non-renewal, or reduction in coverages, except for non-payment for which no less than
ten (10) days’ notice shall be provided to City. Notices shall be sent to the City address set forth
in Section 11.1 entitled “Notices to the Parties.”
5.1.5 Should any of the required insurance be provided under a claims-made
form, Contractor shall maintain such coverage continuously throughout the term of this
Agreement and, without lapse, for a period of three years beyond the expiration of this
Agreement, to the effect that, should occurrences during the contract term give rise to claims
made after expiration of the Agreement, such claims shall be covered by such claims-made
policies.
5.1.6 Should any of the required insurance be provided under a form of
coverage that includes a general annual aggregate limit or provides that claims investigation or
legal defense costs be included in such general annual aggregate limit, such general annual
aggregate limit shall be double the occurrence or claims limits specified above.
5.1.7 Should any required insurance lapse during the term of this Agreement,
requests for payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the
lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this
Agreement effective on the date of such lapse of insurance.
5.1.8 Before commencing any Services, Contractor shall furnish to City
certificates of insurance and additional insured policy endorsements with insurers with ratings
comparable to A-, VIII or higher, that are authorized to do business in the State of California,
and that are satisfactory to City, in form evidencing all coverages set forth above. Approval of
the insurance by City shall not relieve or decrease Contractor's liability hereunder.
5.1.9 The Workers’ Compensation policy(ies) shall be endorsed with a waiver
of subrogation in favor of the City for all work performed by the Contractor, its employees,
agents and subcontractors.
5.1.10 If Contractor will use any subcontractor(s) to provide Services, Contractor
shall require the subcontractor(s) to provide all necessary insurance and to name the City and
County of San Francisco, its officers, agents and employees and the Contractor as additional
insureds.
5.2
Indemnification. Contractor shall indemnify and hold harmless City and its
officers, agents and employees from, and, if requested, shall defend them from and against any
and all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or
otherwise) arising from or in any way connected with any: (i) injury to or death of a person,
including employees of City or Contractor; (ii) loss of or damage to property; (iii) violation of
local, state, or federal common law, statute or regulation, including but not limited to privacy or
personally identifiable information, health information, disability and labor laws or regulations;
(iv) strict liability imposed by any law or regulation; or (v) losses arising from Contractor's

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execution of subcontracts not in accordance with the requirements of this Agreement applicable
to subcontractors; so long as such injury, violation, loss, or strict liability (as set forth in
subsections (i) – (v) above) arises directly or indirectly from Contractor’s performance of this
Agreement, including, but not limited to, Contractor’s use of facilities or equipment provided by
City or others, regardless of the negligence of, and regardless of whether liability without fault is
imposed or sought to be imposed on City, except to the extent that such indemnity is void or
otherwise unenforceable under applicable law, and except where such loss, damage, injury,
liability or claim is the result of the active negligence or willful misconduct of City and is not
contributed to by any act of, or by any omission to perform some duty imposed by law or
agreement on Contractor, its subcontractors, or either’s agent or employee. The foregoing
indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts
and related costs and City’s costs of investigating any claims against the City.
In addition to Contractor’s obligation to indemnify City, Contractor specifically
acknowledges and agrees that it has an immediate and independent obligation to defend City
from any claim which actually or potentially falls within this indemnification provision, even if
the allegations are or may be groundless, false or fraudulent, which obligation arises at the time
such claim is tendered to Contractor by City and continues at all times thereafter.
Contractor shall indemnify and hold City harmless from all loss and liability, including
attorneys’ fees, court costs and all other litigation expenses for any infringement of the patent
rights, copyright, trade secret or any other proprietary right or trademark, and all other
intellectual property claims of any person or persons arising directly or indirectly from the
receipt by City, or any of its officers or agents, of Contractor's Services.
Article 6

Liability of the Parties

6.1
Liability of City. CITY’S PAYMENT OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION
PROVIDED FOR IN SECTION 3.3.1, “PAYMENT,” OF THIS AGREEMENT.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT
SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON
CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES
PERFORMED IN CONNECTION WITH THIS AGREEMENT.
6.2
Liability for Use of Equipment. City shall not be liable for any damage to
persons or property as a result of the use, misuse or failure of any equipment used by Contractor,
or any of its subcontractors, or by any of their employees, even though such equipment is
furnished, rented or loaned by City.
6.3
Liability for Incidental and Consequential Damages. Contractor shall be
responsible for incidental and consequential damages resulting in whole or in part from
Contractor’s acts or omissions.
Article 7

Payment of Taxes

7.1
Contractor to Pay All Taxes. Except for any applicable California sales and use
taxes charged by Contractor to City, Contractor shall pay all taxes, including possessory interest
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taxes levied upon or as a result of this Agreement, or the Services delivered pursuant hereto.
Contractor shall remit to the State of California any sales or use taxes paid by City to Contractor
under this Agreement. Contractor agrees to promptly provide information requested by the City
to verify Contractor's compliance with any State requirements for reporting sales and use tax
paid by City under this Agreement.
7.2
Possessory Interest Taxes. Contractor acknowledges that this Agreement may
create a “possessory interest” for property tax purposes. Generally, such a possessory interest is
not created unless the Agreement entitles the Contractor to possession, occupancy, or use of City
property for private gain. If such a possessory interest is created, then the following shall apply:
7.2.1 Contractor, on behalf of itself and any permitted successors and assigns,
recognizes and understands that Contractor, and any permitted successors and assigns, may be
subject to real property tax assessments on the possessory interest.
7.2.2 Contractor, on behalf of itself and any permitted successors and assigns,
recognizes and understands that the creation, extension, renewal, or assignment of this
Agreement may result in a “change in ownership” for purposes of real property taxes, and
therefore may result in a revaluation of any possessory interest created by this Agreement.
Contractor accordingly agrees on behalf of itself and its permitted successors and assigns to
report on behalf of the City to the County Assessor the information required by Revenue and
Taxation Code section 480.5, as amended from time to time, and any successor provision.
7.2.3 Contractor, on behalf of itself and any permitted successors and assigns,
recognizes and understands that other events also may cause a change of ownership of the
possessory interest and result in the revaluation of the possessory interest. (see, e.g., Rev. & Tax.
Code section 64, as amended from time to time). Contractor accordingly agrees on behalf of
itself and its permitted successors and assigns to report any change in ownership to the County
Assessor, the State Board of Equalization or other public agency as required by law.
7.2.4 Contractor further agrees to provide such other information as may be
requested by the City to enable the City to comply with any reporting requirements for
possessory interests that are imposed by applicable law.
7.3
Withholding. Contractor agrees that it is obligated to pay all amounts due to the
City under the San Francisco Business and Tax Regulations Code during the term of this
Agreement. Pursuant to Section 6.10-2 of the San Francisco Business and Tax Regulations
Code, Contractor further acknowledges and agrees that City may withhold any payments due to
Contractor under this Agreement if Contractor is delinquent in the payment of any amount
required to be paid to the City under the San Francisco Business and Tax Regulations Code.
Any payments withheld under this paragraph shall be made to Contractor, without interest, upon
Contractor coming back into compliance with its obligations.
Article 8
8.1

Termination and Default

Termination for Convenience

8.1.1 City shall have the option, in its sole discretion, to terminate this
Agreement, at any time during the term hereof, for convenience and without cause. City shall
exercise this option by giving Contractor written notice of termination. The notice shall specify
the date on which termination shall become effective.

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8.1.2 Upon receipt of the notice of termination, Contractor shall commence and
perform, with diligence, all actions necessary on the part of Contractor to effect the termination
of this Agreement on the date specified by City and to minimize the liability of Contractor and
City to third parties as a result of termination. All such actions shall be subject to the prior
approval of City. Such actions may include any or all of the following, without limitation:
(a)
Halting the performance of all Services under this Agreement on
the date(s) and in the manner specified by City.
(b)
Terminating all existing orders and subcontracts, and not placing
any further orders or subcontracts for materials, Services, equipment or other items.
(c)
At City’s direction, assigning to City any or all of Contractor’s
right, title, and interest under the orders and subcontracts terminated. Upon such assignment,
City shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the
termination of such orders and subcontracts.
(d)
Subject to City’s approval, settling all outstanding liabilities and all
claims arising out of the termination of orders and subcontracts.
(e)
Completing performance of any Services that City designates to be
completed prior to the date of termination specified by City.
(f)
Taking such action as may be necessary, or as the City may direct,
for the protection and preservation of any property related to this Agreement which is in the
possession of Contractor and in which City has or may acquire an interest.
8.1.3 Within 30 days after the specified termination date, Contractor shall
submit to City an invoice, which shall set forth each of the following as a separate line item:
(a)
The reasonable cost to Contractor, without profit, for all Services
prior to the specified termination date, for which Services City has not already tendered payment.
Reasonable costs may include a reasonable allowance for actual overhead, not to exceed a total
of 10% of Contractor’s direct costs for Services. Any overhead allowance shall be separately
itemized. Contractor may also recover the reasonable cost of preparing the invoice.
(b)
A reasonable allowance for profit on the cost of the Services
described in the immediately preceding subsection (a), provided that Contractor can establish, to
the satisfaction of City, that Contractor would have made a profit had all Services under this
Agreement been completed, and provided further, that the profit allowed shall in no event exceed
5% of such cost.
(c)
The reasonable cost to Contractor of handling material or
equipment returned to the vendor, delivered to the City or otherwise disposed of as directed by
the City.
(d)
A deduction for the cost of materials to be retained by Contractor,
amounts realized from the sale of materials and not otherwise recovered by or credited to City,
and any other appropriate credits to City against the cost of the Services or other work.
8.1.4 In no event shall City be liable for costs incurred by Contractor or any of
its subcontractors after the termination date specified by City, except for those costs specifically
listed in Section 8.1.3. Such non-recoverable costs include, but are not limited to, anticipated

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profits on the Services under this Agreement, post-termination employee salaries, posttermination administrative expenses, post-termination overhead or unabsorbed overhead,
attorneys’ fees or other costs relating to the prosecution of a claim or lawsuit, prejudgment
interest, or any other expense which is not reasonable or authorized under Section 8.1.3.
8.1.5 In arriving at the amount due to Contractor under this Section, City may
deduct: (i) all payments previously made by City for Services covered by Contractor’s final
invoice; (ii) any claim which City may have against Contractor in connection with this
Agreement; (iii) any invoiced costs or expenses excluded pursuant to the immediately preceding
subsection 8.1.4; and (iv) in instances in which, in the opinion of the City, the cost of any Service
performed under this Agreement is excessively high due to costs incurred to remedy or replace
defective or rejected Services, the difference between the invoiced amount and City’s estimate of
the reasonable cost of performing the invoiced Services in compliance with the requirements of
this Agreement.
8.1.6
this Agreement.
8.2

City’s payment obligation under this Section shall survive termination of

Termination for Default; Remedies.

8.2.1 Each of the following shall constitute an immediate event of default
(“Event of Default”) under this Agreement:
(a)
Contractor fails or refuses to perform or observe any term,
covenant or condition contained in any of the following Sections of this Agreement:
3.5
4.5
Article 5
Article 7

Submitting False Claims.

10.10

Alcohol and Drug-Free Workplace

Assignment
Insurance and Indemnity
Payment of Taxes

10.13
Working with Minors
11.10
Compliance with Laws
Article 13 Data and Security

(b)
Contractor fails or refuses to perform or observe any other term,
covenant or condition contained in this Agreement, including any obligation imposed by
ordinance or statute and incorporated by reference herein, and such default is not cured within
ten days after written notice thereof from City to Contractor. If Contractor defaults a second time
in the same manner as a prior default cured by Contractor, City may in its sole discretion
immediately terminate the Agreement for default or grant an additional period not to exceed five
days for Contractor to cure the default.
(c)
Contractor (i) is generally not paying its debts as they become due;
(ii) files, or consents by answer or otherwise to the filing against it of a petition for relief or
reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take
advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction; (iii)
makes an assignment for the benefit of its creditors; (iv) consents to the appointment of a
custodian, receiver, trustee or other officer with similar powers of Contractor or of any
substantial part of Contractor’s property; or (v) takes action for the purpose of any of the
foregoing.

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(d)
A court or government authority enters an order (i) appointing a
custodian, receiver, trustee or other officer with similar powers with respect to Contractor or with
respect to any substantial part of Contractor’s property, (ii) constituting an order for relief or
approving a petition for relief or reorganization or arrangement or any other petition in
bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other
debtors’ relief law of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation
of Contractor.
8.2.2 On and after any Event of Default, City shall have the right to exercise its
legal and equitable remedies, including, without limitation, the right to terminate this Agreement
or to seek specific performance of all or any part of this Agreement. In addition, where
applicable, City shall have the right (but no obligation) to cure (or cause to be cured) on behalf of
Contractor any Event of Default; Contractor shall pay to City on demand all costs and expenses
incurred by City in effecting such cure, with interest thereon from the date of incurrence at the
maximum rate then permitted by law. City shall have the right to offset from any amounts due to
Contractor under this Agreement or any other agreement between City and Contractor: (i) all
damages, losses, costs or expenses incurred by City as a result of an Event of Default; and (ii)
any liquidated damages levied upon Contractor pursuant to the terms of this Agreement; and
(iii), any damages imposed by any ordinance or statute that is incorporated into this Agreement
by reference, or into any other agreement with the City.
8.2.3 All remedies provided for in this Agreement may be exercised
individually or in combination with any other remedy available hereunder or under applicable
laws, rules and regulations. The exercise of any remedy shall not preclude or in any way be
deemed to waive any other remedy. Nothing in this Agreement shall constitute a waiver or
limitation of any rights that City may have under applicable law.
8.2.4
forth in Article 11.

Any notice of default must be sent by registered mail to the address set

8.3
Non-Waiver of Rights. The omission by either party at any time to enforce any
default or right reserved to it, or to require performance of any of the terms, covenants, or
provisions hereof by the other party at the time designated, shall not be a waiver of any such
default or right to which the party is entitled, nor shall it in any way affect the right of the party
to enforce such provisions thereafter.
8.4

Rights and Duties upon Termination or Expiration.

8.4.1 This Section and the following Sections of this Agreement listed below,
shall survive termination or expiration of this Agreement:
3.3.2

9.1

Ownership of Results

9.2

Works for Hire

3.4

Payment Limited to Satisfactory
Services
Grant Funded Contracts –
Disallowance
Audit and Inspection of Records

11.6

Dispute Resolution Procedure

3.5

Submitting False Claims

11.7

Agreement Made in California;
Venue

3.3.7(a)

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Article 5 Insurance and Indemnity
6.1
Liability of City
6.3
Liability for Incidental and
Consequential Damages
Article 7 Payment of Taxes
8.1.6
Payment Obligation

11.8
11.9
11.10

Construction
Entire Agreement
Compliance with Laws

11.11
Article 13

Severability
Data and Security

8.4.2 Subject to the survival of the Sections identified in Section 8.4.1, above, if
this Agreement is terminated prior to expiration of the term specified in Article 2, this
Agreement shall be of no further force or effect. Contractor shall transfer title to City, and deliver
in the manner, at the times, and to the extent, if any, directed by City, any work in progress,
completed work, supplies, equipment, and other materials produced as a part of, or acquired in
connection with the performance of this Agreement, and any completed or partially completed
work which, if this Agreement had been completed, would have been required to be furnished to
City.
Article 9

Rights In Deliverables

9.1
Ownership of Results. Any interest of Contractor or its subcontractors, in the
Deliverables, including any drawings, plans, specifications, blueprints, studies, reports,
memoranda, computation sheets, computer files and media or other documents prepared by
Contractor or its subcontractors for the purposes of this agreement, shall become the property of
and will be transmitted to City. However, unless expressly prohibited elsewhere in this
Agreement, Contractor may retain and use copies for reference and as documentation of its
experience and capabilities.
9.2
Works for Hire. If, in connection with Services, Contractor or its subcontractors
creates Deliverables including, without limitation, artwork, copy, posters, billboards,
photographs, videotapes, audiotapes, systems designs, software, reports, diagrams, surveys,
blueprints, source codes, or any other original works of authorship, whether in digital or any
other format, such works of authorship shall be works for hire as defined under Title 17 of the
United States Code, and all copyrights in such works shall be the property of the City. If any
Deliverables created by Contractor or its subcontractor(s) under this Agreement are ever
determined not to be works for hire under U.S. law, Contractor hereby assigns all Contractor's
copyrights to such Deliverables to the City, agrees to provide any material and execute any
documents necessary to effectuate such assignment, and agrees to include a clause in every
subcontract imposing the same duties upon subcontractor(s). With City's prior written approval,
Contractor and its subcontractor(s) may retain and use copies of such works for reference and as
documentation of their respective experience and capabilities.
Article 10

Additional Requirements Incorporated by Reference

10.1 Laws Incorporated by Reference. The full text of the laws listed in this Article
10, including enforcement and penalty provisions, are incorporated by reference into this
Agreement. The full text of the San Francisco Municipal Code provisions incorporated by
reference in this Article and elsewhere in the Agreement ("Mandatory City Requirements") are
available at http://www.amlegal.com/codes/client/san-francisco_ca/ .

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10.2 Conflict of Interest. By executing this Agreement, Contractor certifies that it
does not know of any fact which constitutes a violation of Section 15.103 of the City’s Charter;
Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code; Title 9, Chapter 7 of
the California Government Code (Section 87100 et seq.), or Title 1, Division 4, Chapter 1,
Article 4 of the California Government Code (Section 1090 et seq.), and further agrees promptly
to notify the City if it becomes aware of any such fact during the term of this Agreement.
10.3 Prohibition on Use of Public Funds for Political Activity. In performing the
Services, Contractor shall comply with San Francisco Administrative Code Chapter 12G, which
prohibits funds appropriated by the City for this Agreement from being expended to participate
in, support, or attempt to influence any political campaign for a candidate or for a ballot measure.
Contractor is subject to the enforcement and penalty provisions in Chapter 12G.
10.4 Consideration of Salary History. Contractor shall comply with San Francisco
Administrative Code Chapter 12K, the Consideration of Salary History Ordinance or "Pay Parity
Act." Contractor is prohibited from considering current or past salary of an applicant in
determining whether to hire the applicant or what salary to offer the applicant to the extent that
such applicant is applying for employment to be performed on this Agreement or in furtherance
of this Agreement, and whose application, in whole or part, will be solicited, received, processed
or considered, whether or not through an interview, in the City or on City property. The
ordinance also prohibits employers from (1) asking such applicants about their current or past
salary or (2) disclosing a current or former employee's salary history without that employee's
authorization unless the salary history is publicly available. Contractor is subject to the
enforcement and penalty provisions in Chapter 12K. Information about and the text of Chapter
12K is available on the web at https://sfgov.org/olse/consideration-salary-history. Contractor is
required to comply with all of the applicable provisions of 12K, irrespective of the listing of
obligations in this Section.
10.5

Nondiscrimination Requirements.

10.5.1 Non Discrimination in Contracts. Contractor shall comply with the
provisions of Chapters 12B and 12C of the San Francisco Administrative Code. Contractor shall
incorporate by reference in all subcontracts the provisions of Sections12B.2(a), 12B.2(c)-(k), and
12C.3 of the San Francisco Administrative Code and shall require all subcontractors to comply
with such provisions. Contractor is subject to the enforcement and penalty provisions in Chapters
12B and 12C.
10.5.2 Nondiscrimination in the Provision of Employee Benefits. San
Francisco Administrative Code 12B.2. Contractor does not as of the date of this Agreement, and
will not during the term of this Agreement, in any of its operations in San Francisco, on real
property owned by San Francisco, or where work is being performed for the City elsewhere in
the United States, discriminate in the provision of employee benefits between employees with
domestic partners and employees with spouses and/or between the domestic partners and spouses
of such employees, subject to the conditions set forth in San Francisco Administrative Code
Section12B.2.
10.6 Local Business Enterprise and Non-Discrimination in Contracting
Ordinance. Contractor shall comply with all applicable provisions of Chapter 14B ("LBE
Ordinance"). Contractor is subject to the enforcement and penalty provisions in Chapter 14B.

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10.7 Minimum Compensation Ordinance. If Administrative Code Chapter 12P
applies to this contract, Contractor shall pay covered employees no less than the minimum
compensation required by San Francisco Administrative Code Chapter 12P, including a
minimum hourly gross compensation, compensated time off, and uncompensated time off.
Contractor is subject to the enforcement and penalty provisions in Chapter 12P. Information
about and the text of the Chapter 12P is available on the web at http://sfgov.org/olse/mco.
Contractor is required to comply with all of the applicable provisions of 12P, irrespective of the
listing of obligations in this Section. By signing and executing this Agreement, Contractor
certifies that it complies with Chapter 12P.
10.8 Health Care Accountability Ordinance. If Administrative Code Chapter 12Q
applies to this contract, Contractor shall comply with the requirements of Chapter 12Q. For each
Covered Employee, Contractor shall provide the appropriate health benefit set forth in Section
12Q.3 of the HCAO. If Contractor chooses to offer the health plan option, such health plan shall
meet the minimum standards set forth by the San Francisco Health Commission. Information
about and the text of the Chapter 12Q, as well as the Health Commission’s minimum standards,
is available on the web at http://sfgov.org/olse/hcao. Contractor is subject to the enforcement and
penalty provisions in Chapter 12Q. Any Subcontract entered into by Contractor shall require any
Subcontractor with 20 or more employees to comply with the requirements of the HCAO and
shall contain contractual obligations substantially the same as those set forth in this Section.
10.9 First Source Hiring Program. Contractor must comply with all of the provisions
of the First Source Hiring Program, Chapter 83 of the San Francisco Administrative Code, that
apply to this Agreement, and Contractor is subject to the enforcement and penalty provisions in
Chapter 83.
10.10 Alcohol and Drug-Free Workplace. City reserves the right to deny access to, or
require Contractor to remove from, City facilities personnel of any Contractor or subcontractor
who City has reasonable grounds to believe has engaged in alcohol abuse or illegal drug activity
which in any way impairs City's ability to maintain safe work facilities or to protect the health
and well-being of City employees and the general public. City shall have the right of final
approval for the entry or re-entry of any such person previously denied access to, or removed
from, City facilities. Illegal drug activity means possessing, furnishing, selling, offering,
purchasing, using or being under the influence of illegal drugs or other controlled substances for
which the individual lacks a valid prescription. Alcohol abuse means possessing, furnishing,
selling, offering, or using alcoholic beverages, or being under the influence of alcohol.
10.11 Limitations on Contributions. By executing this Agreement, Contractor
acknowledges its obligations under section 1.126 of the City’s Campaign and Governmental
Conduct Code, which prohibits any person who contracts with, or is seeking a contract with, any
department of the City for the rendition of personal services, for the furnishing of any material,
supplies or equipment, for the sale or lease of any land or building, for a grant, loan or loan
guarantee, or for a development agreement, from making any campaign contribution to (i) a City
elected official if the contract must be approved by that official, a board on which that official
serves, or the board of a state agency on which an appointee of that official serves, (ii) a
candidate for that City elective office, or (iii) a committee controlled by such elected official or a
candidate for that office, at any time from the submission of a proposal for the contract until the
later of either the termination of negotiations for such contract or twelve months after the date
the City approves the contract. The prohibition on contributions applies to each prospective party

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to the contract; each member of Contractor’s board of directors; Contractor’s chairperson, chief
executive officer, chief financial officer and chief operating officer; any person with an
ownership interest of more than 10% in Contractor; any subcontractor listed in the bid or
contract; and any committee that is sponsored or controlled by Contractor. Contractor certifies
that it has informed each such person of the limitation on contributions imposed by Section 1.126
by the time it submitted a proposal for the contract, and has provided the names of the persons
required to be informed to the City department with whom it is contracting.
10.12 Reserved. (Slavery Era Disclosure.)
10.13 Reserved. (Working with Minors.)
10.14 Consideration of Criminal History in Hiring and Employment Decisions.
10.14.1 Contractor agrees to comply fully with and be bound by all of the
provisions of Chapter 12T, “City Contractor/Subcontractor Consideration of Criminal History in
Hiring and Employment Decisions,” of the San Francisco Administrative Code (“Chapter 12T”),
including the remedies provided, and implementing regulations, as may be amended from time to
time. The provisions of Chapter 12T are incorporated by reference and made a part of this
Agreement as though fully set forth herein. The text of the Chapter 12T is available on the web
at http://sfgov.org/olse/fco. Contractor is required to comply with all of the applicable provisions
of 12T, irrespective of the listing of obligations in this Section. Capitalized terms used in this
Section and not defined in this Agreement shall have the meanings assigned to such terms in
Chapter 12T.
10.14.2 The requirements of Chapter 12T shall only apply to a Contractor’s or
Subcontractor’s operations to the extent those operations are in furtherance of the performance of
this Agreement, shall apply only to applicants and employees who would be or are performing
work in furtherance of this Agreement, and shall apply when the physical location of the
employment or prospective employment of an individual is wholly or substantially within the
City of San Francisco. Chapter 12T shall not apply when the application in a particular context
would conflict with federal or state law or with a requirement of a government agency
implementing federal or state law.
10.15 Reserved. (Public Access to Nonprofit Records and Meetings.)
10.16 Food Service Waste Reduction Requirements. Contractor shall comply with the
Food Service Waste Reduction Ordinance, as set forth in San Francisco Environment Code
Chapter 16, including but not limited to the remedies for noncompliance provided therein.
10.17 Reserved. (Distribution of Beverages and Water.)
10.18 Tropical Hardwood and Virgin Redwood Ban. Pursuant to San Francisco
Environment Code Section 804(b), the City urges Contractor not to import, purchase, obtain, or
use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood or
virgin redwood wood product.
10.19 Reserved. (Preservative Treated Wood Products.)
Article 11

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11.1 Notices to the Parties. Unless otherwise indicated in this Agreement, all written
communications sent by the Parties may be by U.S. mail or e-mail, and shall be addressed as
follows:
To City:

San Francisco Sheriff’s Office
ATTN: Crispin Hollings, CFO
City Hall, Room 456
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Crispin.Hollings@sfgov.org

To Contractor: GLOBAL TEL*LINK
ATTN: General Counsel
3120 Fairview Park Drive
Suite 300
Falls Church, VA 22042
Email: klefton@gtl.net
FAX: 703-435-0980
Any notice of default must be sent by registered mail. Either Party may change the
address to which notice is to be sent by giving written notice thereof to the other Party. If email
notification is used, the sender must specify a receipt notice.
Delivery by an overnight delivery service or courier as adequate notice for any of the
above situations.
11.2 Compliance with Americans with Disabilities Act. Contractor shall provide the
Services in a manner that complies with the Americans with Disabilities Act (ADA), including
but not limited to Title II's program access requirements, and all other applicable federal, state
and local disability rights legislation.
11.3 Incorporation of Recitals. The matters recited above are hereby incorporated
into and made part of this Agreement.
11.4 Sunshine Ordinance. Contractor acknowledges that this Agreement and all
records related to its formation, Contractor's performance of Services, and City's payment are
subject to the California Public Records Act, (California Government Code §6250 et. seq.), and
the San Francisco Sunshine Ordinance, (San Francisco Administrative Code Chapter 67). Such
records are subject to public inspection and copying unless exempt from disclosure under
federal, state or local law.
11.5 Modification of this Agreement. This Agreement may not be modified, nor may
compliance with any of its terms be waived, except as noted in Section 11.1, “Notices to
Parties,” regarding change in personnel or place, and except by written instrument executed and
approved in the same manner as this Agreement. Contractor shall cooperate with Department to
submit to the Director of CMD any amendment, modification, supplement or change order that
would result in a cumulative increase of the original amount of this Agreement by more than
20% (CMD Contract Modification Form).

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11.6

Dispute Resolution Procedure.

11.6.1 Negotiation; Alternative Dispute Resolution. The Parties will attempt in
good faith to resolve any dispute or controversy arising out of or relating to the performance of
services under this Agreement. If the Parties are unable to resolve the dispute, then, pursuant to
San Francisco Administrative Code Section 21.36, Contractor may submit to the Contracting
Officer a written request for administrative review and documentation of the Contractor's
claim(s). Upon such request, the Contracting Officer shall promptly issue an administrative
decision in writing, stating the reasons for the action taken and informing the Contractor of its
right to judicial review. If agreed by both Parties in writing, disputes may be resolved by a
mutually agreed-upon alternative dispute resolution process. If the parties do not mutually agree
to an alternative dispute resolution process or such efforts do not resolve the dispute, then either
Party may pursue any remedy available under California law. The status of any dispute or
controversy notwithstanding, Contractor shall proceed diligently with the performance of its
obligations under this Agreement in accordance with the Agreement and the written directions of
the City. Neither Party will be entitled to legal fees or costs for matters resolved under this
section.
11.6.2 Government Code Claim Requirement. No suit for money or damages
may be brought against the City until a written claim therefor has been presented to and rejected
by the City in conformity with the provisions of San Francisco Administrative Code Chapter 10
and California Government Code Section 900, et seq. Nothing set forth in this Agreement shall
operate to toll, waive or excuse Contractor's compliance with the California Government Code
Claim requirements set forth in San Francisco Administrative Code Chapter 10 and California
Government Code Section 900, et seq.
11.7 Agreement Made in California; Venue. The formation, interpretation and
performance of this Agreement shall be governed by the laws of the State of California. Venue
for all litigation relative to the formation, interpretation and performance of this Agreement shall
be in San Francisco.
11.8 Construction. All paragraph captions are for reference only and shall not be
considered in construing this Agreement.
11.9 Entire Agreement. This contract sets forth the entire Agreement between the
parties, and supersedes all other oral or written provisions. This Agreement may be modified
only as provided in Section 11.5, “Modification of this Agreement.”
11.10 Compliance with Laws. Contractor shall keep itself fully informed of the City’s
Charter, codes, ordinances and duly adopted rules and regulations of the City and of all state, and
federal laws in any manner affecting the performance of this Agreement, and must at all times
comply with such local codes, ordinances, and regulations and all applicable laws as they may be
amended from time to time.
11.11 Severability. Should the application of any provision of this Agreement to any
particular facts or circumstances be found by a court of competent jurisdiction to be invalid or
unenforceable, then (i) the validity of other provisions of this Agreement shall not be affected or
impaired thereby, and (ii) such provision shall be enforced to the maximum extent possible so as
to effect the intent of the parties and shall be reformed without further action by the parties to the
extent necessary to make such provision valid and enforceable.

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11.12 Cooperative Drafting. This Agreement has been drafted through a cooperative
effort of City and Contractor, and both Parties have had an opportunity to have the Agreement
reviewed and revised by legal counsel. No Party shall be considered the drafter of this
Agreement, and no presumption or rule that an ambiguity shall be construed against the Party
drafting the clause shall apply to the interpretation or enforcement of this Agreement.
11.13 Order of Precedence. Contractor agrees to perform the services described below
in accordance with the terms and conditions of this Agreement, implementing task orders, the
RFP, and Contractor's proposal dated February 5, 2020. The RFP and Contractor's proposal are
incorporated by reference as though fully set forth herein. Should there be a conflict of terms or
conditions, this Agreement and any implementing task orders shall control over the RFP and the
Contractor’s proposal. If the Appendices to this Agreement include any standard printed terms
from the Contractor, Contractor agrees that in the event of discrepancy, inconsistency, gap,
ambiguity, or conflicting language between the City’s terms and Contractor's printed terms
attached, the City’s terms shall take precedence, followed by the procurement issued by the
department, Contractor’s proposal, and Contractor’s printed terms, respectively.
11.14 Notification of Legal Requests. Contractor shall immediately notify City upon
receipt of any subpoenas, service of process, litigation holds, discovery requests and other legal
requests (“Legal Requests”) related to all data given to Contractor by City in the performance of
this Agreement (“City Data” or “Data”), or which in any way might reasonably require access to
City’s Data, and in no event later than 24 hours after it receives the request. Contractor shall not
respond to Legal Requests related to City without first notifying City other than to notify the
requestor that the information sought is potentially covered under a non-disclosure agreement.
Contractor shall retain and preserve City Data in accordance with the City’s instruction and
requests, including, without limitation, any retention schedules and/or litigation hold orders
provided by the City to Contractor, independent of where the City Data is stored.
Article 12
12.1

Department Specific Terms

Reserved.
Article 13

Data and Security

Nondisclosure of Private, Proprietary or Confidential Information.
13.1.1 Protection of Private Information. If this Agreement requires City to
disclose "Private Information" to Contractor within the meaning of San Francisco Administrative
Code Chapter 12M, Contractor and subcontractor shall use such information only in accordance
with the restrictions stated in Chapter 12M and in this Agreement and only as necessary in
performing the Services. Contractor is subject to the enforcement and penalty provisions in
Chapter 12M.
13.1.2 Confidential Information. In the performance of Services, Contractor
may have access to City's proprietary or Confidential Information, the disclosure of which to
third parties may damage City. If City discloses proprietary or Confidential Information to
Contractor, such information must be held by Contractor in confidence and used only in
performing the Agreement. Contractor shall exercise the same standard of care to protect such
information as a reasonably prudent contractor would use to protect its own proprietary or
Confidential Information.

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Contract ID 1000017882

13.2

Reserved. (Payment Card Industry (“PCI”) Requirements.)

13.3

Reserved. (Business Associate Agreement.)

13.4

Management of City Data and Confidential Information

13.4.1 Access to City Data. City shall at all times have access to and control of
all data given to Contractor by City in the performance of this Agreement (“City Data” or
“Data”), and shall be able to retrieve it in a readable format, in electronic form and/or print, at
any time, at no additional cost.
13.4.2 Use of City Data and Confidential Information. Contractor agrees to
hold City's Confidential Information received from or created on behalf of the City in strictest
confidence. Contractor shall not use or disclose City's Data or Confidential Information except as
permitted or required by the Agreement or as otherwise authorized in writing by the City. Any
work using, or sharing or storage of, City's Confidential Information outside the United States is
subject to prior written authorization by the City. Access to City's Confidential Information must
be strictly controlled and limited to Contractor’s staff assigned to this project on a need-to-know
basis only. Contractor is provided a limited non-exclusive license to use the City Data or
Confidential Information solely for performing its obligations under the Agreement and not for
Contractor’s own purposes or later use. Nothing herein shall be construed to confer any license
or right to the City Data or Confidential Information, by implication, estoppel or otherwise,
under copyright or other intellectual property rights, to any third-party. Unauthorized use of City
Data or Confidential Information by Contractor, subcontractors or other third-parties is
prohibited. For purpose of this requirement, the phrase “unauthorized use” means the data
mining or processing of data, stored or transmitted by the service, for commercial purposes,
advertising or advertising-related purposes, or for any purpose other than security or service
delivery analysis that is not explicitly authorized.
13.4.3 Disposition of Confidential Information. Upon termination of
Agreement or request of City, Contractor shall within forty-eight (48) hours return all
Confidential Information which includes all original media. Once Contractor has received
written confirmation from City that Confidential Information has been successfully transferred to
City, Contractor shall within ten (10) business days purge all Confidential Information from its
servers, any hosted environment Contractor has used in performance of this Agreement, work
stations that were used to process the data or for production of the data, and any other work files
stored by Contractor in whatever medium. Contractor shall provide City with written
certification that such purge occurred within five (5) business days of the purge.
Article 14

MacBride And Signature

14.1 MacBride Principles - Northern Ireland. The provisions of San Francisco
Administrative Code §12F are incorporated herein by this reference and made part of this
Agreement. By signing this Agreement, Contractor confirms that Contractor has read and
understood that the City urges companies doing business in Northern Ireland to resolve
employment inequities and to abide by the MacBride Principles, and urges San Francisco
companies to do business with corporations that abide by the MacBride Principles.

P-600 (4-19)

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Contract ID 1000017882

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first
mentioned above.
CITY

CONTRACTOR

Recommended by:

Global Tel*Link Corporation (GTL)

___________________________________
Paul Miyamoto
Sheriff
San Francisco Sheriff’s Office

_____________________________________
Alicia K. Freeman
VP Contracts & Procurement
3120 Fairview Park Drive, Suite 300
Falls Church, VA 22042
City Supplier Number: 0000039470

Approved as to Form:
Dennis J. Herrera
City Attorney

By: ________________________________
Jana Clark
Deputy City Attorney

Approved:
Alaric Degrafinried
Director of the Office of Contract Administration,
and Purchaser
By: _________________________

Appendix
A:
Scope of Services

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Contract ID 1000017882

APPENDIX A – Scope of Services
SECTION A - GENERAL CONDITIONS
SUBSECTION 1 - INCARCERATED PERSON COMMUNICATIONS SOLUTION (IPCS) PROJECT SCOPE
REQUIREMENT
NUMBER
1.001

REQUIREMENT TYPE

DESCRIPTION

IPCS Project Scope

City requires a turn-key Incarcerated Person Communications Solution (IPCS) which
shall include, without limitation, incarcerated person telephone calls, visitation,
onsite video visitation, and remote video visitation provided through the
Contractor's Incarcerated Person Communications Solution (IPCS). Contractor shall
install and operate all incarcerated person telephones, visitation telephones, video
visitation devices, and related equipment. Contractor shall, without expense to City
beyond a per-device lease cost, include all data circuits and wiring relative to the
installation of the IPCS related hardware and software specifically identified herein,
to enable incarcerated persons at the Facilities to complete, without limitation, free
local, long distance and/or international calls, and video visits through the IPCS. The
per-device lease cost is specified in Appendix A - Section I (Rates and Fees).

REQUIREMENT
NUMBER
2.001

REQUIREMENT TYPE

DESCRIPTION

IPTS Reporting

2.002

IPTS Reporting

2.003

IPTS Reporting

2.004

IPTS Reporting

2.005

IPTS Reporting

2.006

IPTS Reporting

2.007

IPTS Reporting

2.008

IPTS Reporting

2.009

IPTS Reporting

2.010

IPTS Reporting

2.011

IPTS Reporting

2.012

IPTS Reporting

2.013

IPTS Reporting

2.014

IPTS Reporting

2.015

IPTS Reporting

2.016

IPTS Reporting

2.017

IPTS Reporting

2.018

IPTS Reporting

2.019

IPTS Reporting

2.020

IPTS Reporting

2.020

IPTS Reporting

2.021

IPTS Reporting

2.022

IPTS Reporting

2.023

IPTS Reporting

2.024

IPTS Reporting

2.025

IPTS Reporting

2.026

IPTS Reporting

2.027

IPTS Reporting

2.028

IPTS Reporting

2.029

IPTS Reporting

2.030

IPTS Reporting

2.031

IPTS Reporting

2.032

IPTS Reporting

2.033

IPTS Reporting

2.034

IPTS Reporting

2.035

IPTS Reporting

2.036

IPTS Reporting

2.037

IPTS Reporting

2.038

IPTS Reporting

2.039

IPTS Reporting

2.040

IPTS Reporting

Reports for IPTS are due to City on or before the 20th day of the month following the
traffic month.
Traffic detail reports shall include a detailed breakdown of all IPTS activity, including
but not limited to all local, long distance, and international calls for each
incarcerated person telephone at the Facilities:
Facility Name;
Facility Identification Number
Facility Address (Street, City, State and Zip);
Automatic Number Identifier;
Incarcerated Person Telephone Station Port/Identifier;
Incarcerated Person Telephone Location Name;
Local Calls, Minutes, (Per Incarcerated Person Telephone);
Intralata/Intrastate Calls, Minutes (Per Incarcerated Person Telephone);
Interlata/Intrastate Calls, Minutes (Per Incarcerated Person Telephone);
Intralata/Interstate Calls, Minutes (Per Incarcerated Person Telephone);
Interlata/Interstate Calls, Minutes (Per Incarcerated Person Telephone);
International Calls, Minutes (Per Incarcerated Person Telephone);
Total Calls, Minutes, (Per Incarcerated Person Telephone); and
Traffic Period and Dates.
Contractor shall provide daily raw Call Detail Records (CDRs) the next business day
following the day of traffic.
The daily raw CDRs shall contain all calls (both attempted and completed) which
originate from the facility(s) for each day and each time of the day for the period
said raw CDRs are requested. The raw CDRs shall contain the unedited data including
all fields and all field content which is legally permitted to be released. The CDRs
shall be accompanied with a complete file map and complete file legend. The raw
CDRs shall include (without limitation) the following fields:
Facility Name;
Facility Identification Number;
From ANI;
To ANI;
Batch Number / ID;
From City;
From State;
To City;
To State;
Station Port/Identifier;
Phone Name or Location;
Incarcerated Person Name;
Incarcerated Person Identification Number;
Personal Identification Number;
Traffic Period;
Call Start (yymmdd; mmss);
Call End (yymmdd; mmss);
Seconds;
Call Type (e.g. local, etc.);
Bill Type (e.g. free);
Call Cost;
Tax;
Validation Result;

AGREEMENT NEGOTIATION RELATED COMMENTS

SUBSECTION 2 - INCARCERATED PERSON TELEPHONE SYSTEM (IPTS) REPORTING

P-600 (4-19)

A-1

AGREEMENT NEGOTIATION RELATED COMMENTS

Contract ID 10000177882

2.041

IPTS Reporting

2.042

IPTS Reporting

2.043

IPTS Reporting

REQUIREMENT
NUMBER
3.001

REQUIREMENT TYPE

DESCRIPTION

VVS Reporting

3.002

VVS Reporting

3.012

VVS Reporting

3.013

VVS Reporting

3.014

VVS Reporting

3.015

VVS Reporting

3.016

VVS Reporting

3.018

VVS Reporting

3.020

VVS Reporting

3.021

VVS Reporting

3.022

VVS Reporting

Reports for video visitation sessions are due to City on or before the 20th day of the
month following the activity/session month.
Contractor shall provide monthly video visitation detail records, in CSV format,
which shall include a detailed breakdown of activity for all video visitation sessions,
including but not limited to:
Facility Name;
Facility Identification Number/Site Identification Number;
VVS Station Identifier;
VVS Station Location Name;
Onsite Video Visitation Sessions, Minutes (Per VVS Station);
Remote Video Visitation Sessions, Minutes (Per VVS Station);
Total Video Visitation Sessions, Minutes; and
Traffic Period and Dates.
Usage detail reports or reports not containing the required fields received by City
after the date specified above are subject to liquidated damages as specified in
Appendix A - Section I (Rates and Fees).

REQUIREMENT
NUMBER
4.001

REQUIREMENT TYPE

DESCRIPTION

Public Pay Telephones

Contractor shall furnish, install and maintain 2 public pay telephone(s) in the lobby
for use by the general public. The public telephone(s) shall be furnished, installed
and maintained by Contractor. Contractor shall configure the public pay telephones
to allow free 5 minute Local and Extended-Local calls. All other calls may be
processed as a Collect call at the expense of the called party. All reporting due to
City for the public telephone(s) installed by Contractor shall follow the
requirements specified in Appendix A - Section A, Subsection 2 (General
Conditions).

Termination Reason;
LIDB Status/Code; and
Completion/Accept Indicator.

SUBSECTION 3 - VVS REPORTING
AGREEMENT NEGOTIATION RELATED COMMENTS

SUBSECTION 4 - PUBLIC PAY TELEPHONE SPECIFICATIONS
AGREEMENT NEGOTIATION RELATED COMMENTS

SUBSECTION 5 - RATE REQUIREMENTS
REQUIREMENT
NUMBER
5.001

REQUIREMENT TYPE

DESCRIPTION

Rate Requirements

Contractor's IPTS shall identify all calls to U.S. Territories including but not limited to:
Puerto Rico, U.S. Virgin Islands, Guam, American Samoa and Saipan/Mariana Islands
as Interstate. Calls to all other countries shall be identified as International.

REQUIREMENT
NUMBER
6.001

REQUIREMENT TYPE

DESCRIPTION

Reconciliation

City, or its Designated Agent, shall have the right from the Effective Date of this
Agreement and for a period of 2 years after the termination date of this Agreement,
upon 10 business days’ written notice, to fully reconcile or examine any and all of
City information pertaining to this Agreement. City retains the right to have another
independent Agency of City’s exclusive choice, perform any or all reconciliations
and examinations pertaining to this Agreement.

6.002

Reconciliation

Contractor shall maintain accurate, complete and reconcilable records, in an
electronic format, from which invoicing remitted to City can be reconciled and
confirmed. The records shall include all CDRs, EMI billing files, miscellaneous
fees/charges reports, and associated invoices during the term of this Agreement and
for no less than 2 years after the term of this Agreement.

AGREEMENT NEGOTIATION RELATED COMMENTS

SUBSECTION 6 - RECONCILIATION
AGREEMENT NEGOTIATION RELATED COMMENTS

SECTION B - USER BILLING AND PAYMENTS
SUBSECTION 1 - CONTRACTOR RETENTION OF END-USER ACCOUNT INFORMATION
REQUIREMENT
REQUIREMENT TYPE
DESCRIPTION
AGREEMENT NEGOTIATION RELATED COMMENTS
NUMBER
1.001
Contractor Retention of For the purpose of aiding in investigations the Contractor must retain IPCS account
End-User Account
information pertaining to an end-user’s account for a period of 2 years after the
Information

expiration/termination of the Agreement. The information shall include, but not be
limited to, the end-user’s billing name, address and telephone number.

1.002

Contractor Retention of The City shall have access to such account information upon request, to the extent
End-User Account
permissible by law.
Information

P-600 (4-19)

A-2

Contract ID 10000177882

SECTION C - CUSTOMER SERVICE
SUBSECTION 1 - MAINTENANCE
REQUIREMENT
NUMBER
1.001

REQUIREMENT TYPE

DESCRIPTION

Maintenance

Contractor shall respond to repair requests from City by arriving at the site promptly
after reasonable notice has been given on a 24-hours a day, 7-days a week, 365-days
a year basis. In addition to unscheduled repair visits, the City requires a dedicated
technician to perform weekly inspections for preventive maintenance repairs at each
incarcerated person-occupied City site and scheduled at the City's discretion.

1.002

Maintenance

1.003

Maintenance

Repairs or replacement of nonworking or damaged equipment or software shall be
started by a qualified technician within 4 hours following notification of a service
request or IPCS failure.
Contractor must exhibit to City a best effort approach to the completion of the
repairs or replacement during the first 24-hours following notification of a problem.

1.004

Maintenance

City shall be notified of progress and/or delays in progress until the problems are
resolved.

1.005

Maintenance

Contractor shall notify City any time a technician will be dispatched to the Facilities
and prior to the technician’s arrival.

1.006

Maintenance

Additionally, the City may cancel the Agreement with Contractor if Contractor has
not cured a service problem within 10 days of Contractor receiving notice of the
problem from the City, as stipulated in the Appendix A - Section I (Rates and Fees).

1.007

Maintenance

Each party shall report to the other party any misuse, destruction, damage, or
vandalism. Contractor will assume liability for any and all such damages.

1.008

Maintenance

All operation, maintenance and repair issues regarding the IPCS shall be reported by
Contractor to City promptly.

1.009

Maintenance

Contractor shall offer City any IPCS technology software upgrades as they become
available. All IPCS upgrades shall be included for City within the lease cost.

AGREEMENT NEGOTIATION RELATED COMMENTS

SECTION D - GENERAL INSTALLATION REQUIREMENTS
SUBSECTION 1 - STANDARDS
REQUIREMENT
NUMBER

REQUIREMENT TYPE

DESCRIPTION

1.001

Standards

Incarcerated person communication services are to be provided and shall comply
with all applicable Federal Communication and/or California regulations relating to
incarcerated person communication services in correctional facilities.

1.002

Standards

Contractor shall comply with all applicable laws, rules, regulations, and orders of any
authorized agency, commission, unit of the federal government, or state, county, or
municipal government.

REQUIREMENT
NUMBER

REQUIREMENT TYPE

DESCRIPTION

2.001

Implementation

Contractor shall submit an implementation plan for all incarcerated person
communications services, which shall include an installation schedule, for each
Facility, including IPTS and VVS.

2.002

Implementation

Initial installations for the IPTS must be completed within 30 days of the execution of
the Agreement between City and Contractor. Initial installations for the VVS must be
completed within 120 days of the execution of the Agreement between City and
Contractor. Implementation plan(s) will become a part of the Agreement and must
be followed.

REQUIREMENT
NUMBER

REQUIREMENT TYPE

AGREEMENT NEGOTIATION RELATED COMMENTS

SUBSECTION 2 - IMPLEMENTATION
AGREEMENT NEGOTIATION RELATED COMMENTS

SUBSECTION 3 - TRANSITION REQUIREMENTS

3.001

3.002

3.003

DESCRIPTION

AGREEMENT NEGOTIATION RELATED COMMENTS

Transition Requirements Contractor shall provide documentation and progress reports. Within seven days of

Agreement execution Contractor shall establish a transition work group and shall
begin convening within weekly meetings. The transition work group is comprised of
the Sheriff’s Department SBBS, IPTSS, Custody Staff, and Compliance Monitor.
Contractor shall provide detailed agendas and summary meeting minutes and
establish schedules/timelines, milestones, equipment lists, progress reports and
responsibility assignments.
Transition Requirements Contractor shall cooperate fully and in a timely fashion to provide reports,
summaries, reconciliation support, and adjustments to system parameters as
required for a seamless transition. Upon request by the City, Contractor shall attend
meetings and provide access to decision making personnel at any/all times.
Transition Requirements Upon expiration, termination, or cancellation of the Agreement, Contractor shall

accept the direction of the City to ensure all incarcerated person communication
services are smoothly transitioned. At a minimum, the following shall apply:

P-600 (4-19)

A-3

Contract ID 10000177882

3.004

Transition Requirements Contractor shall discontinue providing service or accepting new assignments under

the terms of the Agreement on the date specified by City. Contractor agrees to
continue providing all services in accordance with the terms and conditions,
requirements, and specifications of the Agreement for a period not to exceed 90
calendar days after the expiration, termination or cancellation date of the
Agreement.
3.005

Transition Requirements Contractor agrees to remove its equipment at the conclusion of the Agreement in a

manner that will allow the reuse of wiring/cabling associated with all incarcerated
person communication services.

SUBSECTION 4 - GENERAL INSTALLATION REQUIREMENTS
REQUIREMENT
NUMBER

REQUIREMENT TYPE

DESCRIPTION

4.001

General Installation
Requirements

The per-device-lease cost for City shall include all incarcerated person
communication services related costs as outlined in Appendix A - Section I (Rates and
Fees).

4.002

General Installation
Requirements

4.003

General Installation
Requirements

Contractor shall install the quantity of incarcerated person telephones, visitation
telephones, and video visitation stations specified in Appendix A - Section H (Facility
Specifications).
Contractor shall install a separate, dedicated network to accommodate all
incarcerated person communication services. Contractor’s incarcerated person
communication services shall not be configured to reside on or use the City’s
network.

4.004

General Installation
Requirements

Contractor shall install/mount all incarcerated person communication services
equipment in accordance with the City’s requirements.

4.005

General Installation
Requirements

Use of existing conduit, raceways, cable, wiring, switches, circuits, and terminals
within the Facilities is at the risk of Contractor. Exposed wiring is not permitted.
Ownership of any wiring or conduit installed under the Agreement by Contractor
becomes the City’s property upon termination and/or expiration of the Agreement.

4.006

General Installation
Requirements

Contractor agrees that if any cabling work is required as part of any installation, all
new cables shall be used and marked clearly and legibly at both ends, and meet all
applicable wiring standards for commercial buildings and must be approved by the
City's Bureau of Building Services (SBBS).

4.007

General Installation
Requirements

4.008

General Installation
Requirements

Contractor shall be responsible for installing all new wiring, cabling and network
circuits at no cost to City to support the provision of the outlined incarcerated person
communication services. Contractor agrees that if any material changes are required
beyond that which is stipulated in the Contractor's per-device-lease cost for City for
the initial installation, Contractor will submit a price or lease quote for additional
work to be performed, seeking prior approval from City.
Contractor agrees to obtain the City’s written approval before making any physical
changes to the Facilities, such as drilling into walls, floors, ceilings or any other
portion of the Facilities. This includes existing, newly constructed and/or expanded
Facilities.

4.010

General Installation
Requirements

The Contractor shall inform City of any plan to alter existing infrastructure. All
alterations to the existing structure will require planning and approval by City.
Planning and approval by City shall precede work within the confines of the older
structures of CJ#1 and #2 (425 7th Street and at 850 Bryant Street) where asbestos
containing material is known to exist and elsewhere as appropriate. Routing shall
take into consideration such hazards.

4.011

General Installation
Requirements

4.012

General Installation
Requirements

HAZMAT: Existing hazardous material reports will be disclosed and City shall
be responsible to abate Contractor's pre-approved proposed work. Contractor
operations shall take into account reasonable time to complete abatement
work. Upon finding potentially hazardous material, work shall be suspended.
Work will resume only after a resolution has been reviewed and approved by
City.
Contractor is responsible for all other non-hazardous material work
coordination. This may include but not limited to UDS (subsurface/
underground detection i.e. Ferro scan, x-ray, tracing etc.), and pathway
planning and installation including coring, structural /non-structural repairs or
patching as approved by licensed professionals and/or City as applicable.

4.013

General Installation
Requirements

Contractor shall provide, install, maintain, replace and upgrade adequate surge and
lightning protection equipment to protect all lines, circuits and equipment used for
the incarcerated person communication services.

4.014

General Installation
Requirements

Contractor shall provide, install, maintain, replace and upgrade an Uninterruptible
Power Supply (UPS) back-up power for the incarcerated person communication
services to ensure there is no loss of call processing and data storage in the event of
a power failure.

4.015

General Installation
Requirements

A separate power supply shall not be required for the incarcerated person
communication services equipment. A power source will be made available by City
for the incarcerated person communication services.

P-600 (4-19)

A-4

AGREEMENT NEGOTIATION RELATED COMMENTS

Contract ID 10000177882

4.016

General Installation
Requirements

4.017

General Installation
Requirements

4.018

General Installation
Requirements

4.019

General Installation
Requirements

4.020

General Installation
Requirements

REQUIREMENT
NUMBER

REQUIREMENT TYPE

DESCRIPTION

5.001

Security

All Contractor employees shall obtain, at Contractor’s cost, the appropriate
personnel background security clearance prior to arrival at the Facilities.

5.002

Security

All Contractor employees will comply with City’s policies and procedures.

5.003

Security

5.004

Security

All installation, service, maintenance and repair of Contractor telephones shall be
performed in strict compliance with City's Jail Clearance Policy.
Operating Environment: Contractor will be working within a public correctional
environment. The authority of City shall be followed at all times. All material
placement, practices, installations, troubleshooting, investigations and solutions
shall be conducted in a behavior mindful of the environment. If any Contractor
employee is found to be in violation of the expected conduct code, provided to the
awarded Contractor during City Contractor Orientation, then City will issue a formal
communication to the Agreement that immediate action must be taken to remove
the offender. City has the right to remove jail access clearance of any individual.
Contractor is solely responsible to provide qualified alternates for positions that are
vacant.

5.005

Security

City security requirements shall apply to all maintenance series, including but not
limited to the provision of cut-off switches for incarcerated person communication
services at mutually agreed upon locations. All lines shall have individual cut-off
switch banks and a group switch remotely operated by City at designated control
stations. A demarcation line will be established. Such remote switches shall have
programmable automatic operation as requested by City. City is to approve this
system before integration into the overall incarcerated person communications
system. Contractor shall provide labels designating phone and VVS locations.

5.006

Security

Entry to the Facilities is subject to the approval of City.

REQUIREMENT
NUMBER

REQUIREMENT TYPE

DESCRIPTION

6.001

Training

Contractor shall provide onsite training for each incarcerated person communication
service to the City’s staff. Additional training (onsite or via the web) shall be
provided to new staff at no cost to the City. Training manuals shall be provided to the
City’s staff at all training meetings and will become the property of the City. At City's
request, Contractor shall provide a downloadable version of all user manuals and
training materials.

6.002

Training

When requested by the City, informational pamphlets shall be available to
incarcerated persons and end-users and shall describe the applicable features and
functionalities of each incarcerated person communication service.

6.003

Training

Contractor will also provide full documentation for all incarcerated person
communication services features and documentation for any and all added
technology features that resulted from the Contractor's RFP response and
subsequent Agreement.

6.004

Training

At City's request Contractor shall provide informational posters and pamphlets for
incarcerated person or visitor spaces to explain and promote the incarcerated person
communication services. Posters and pamphlets shall be provided to the City at no
cost.

Installation of all cabling, telephones, VVS, and related equipment shall be
accomplished during normal business hours at the Facilities or as otherwise specified
by City.
Contractor shall install, repair, and maintain all Contractor-provided equipment,
including but not limited to, any wiring or cable work required from the demarcation
throughout the Facilities. All Contractor-provided equipment, installation,
maintenance, repair costs, and all costs or losses due to vandalism shall be the total
responsibility of Contractor.
Contractor shall clean-up and remove all trash and packaging materials resulting from
work performed. Unless otherwise specified by the City, no equipment, inventory or
spare parts shall be stored by Contractor at the Facilities unless approved by City and
as space allows.
Contractor shall correct any damage to the City’s property caused by maintenance or
installation associated with the incarcerated person communication services,
including repairs to walls and ceilings.
Contractor shall provide written documentation indicating that all circuits and
network have been tested and all cables, pairs, fiber strands, and blocks are legibly
marked after the completion of each installation associated with the incarcerated
person communication services.

SUBSECTION 5 - SECURITY
AGREEMENT NEGOTIATION RELATED COMMENTS

SUBSECTION 6 - TRAINING

P-600 (4-19)

A-5

AGREEMENT NEGOTIATION RELATED COMMENTS

Contract ID 10000177882

SUBSECTION 7 - UPGRADES AND PERFORMANCE PROCESS
REQUIREMENT
NUMBER

REQUIREMENT TYPE

DESCRIPTION

7.001

Upgrades and
Performance Process

Contractor shall provide the City with written notice, including detailed information,
of any new incarcerated person communications service software upgrades or
additional features to be added to either system, within 30 days of the introduction
of the new software or features into the industry.

7.002

Upgrades and
Performance Process

Contractor shall provide the City with incarcerated person communication services
software upgrades as they become available. All upgrades must be within 1 release
of the newest operating system and at no additional cost to City. Upgrades for the
IPTS and VVS shall be included in Contractor's per-device-lease cost to City.

7.003

Upgrades and
Performance Process

Contractor shall adhere to the following performance process when upgrading the
IPTS or VVS equipment, or performing any changes at the Facilities. Any deviation
from this process may result in liquidated damages as described in Appendix A Section I. (Rates and Fees).

7.004

Upgrades and
Performance Process

7.005

Upgrades and
Performance Process
Upgrades and
Performance Process
Upgrades and
Performance Process
Upgrades and
Performance Process
Upgrades and
Performance Process
Upgrades and
Performance Process

Contractor shall perform extensive testing on all system changes or upgrades to any
of the incarcerated person communication services, prior to introducing them to the
City. At a minimum, this shall include the following:
Circuit/network testing;

7.006
7.007
7.008
7.009
7.010

AGREEMENT NEGOTIATION RELATED COMMENTS

Configuration / setting preservation testing;
IPTS: call processing and international calling;
VVS: video visitation processing and scheduling;
Access to all incarcerated person communication service user applications.
Contractor shall provide the City with written details regarding any change to voice
prompts, dialing or processes impacting incarcerated persons and end-users/visitors.

7.011

Upgrades and
Performance Process

Contractor shall receive written permission from the City before scheduling or
proceeding with any functionality changes to the incarcerated person
communication services at the Facilities, especially if the changes will cause an
interruption in service.

7.012

Upgrades and
Performance Process

City, at its option, shall have a minimum of 2 weeks to notify incarcerated persons at
the Facilities of any incarcerated person communication services changes that affect
the incarcerated persons or end-users/visitors.

7.013

Upgrades and
Performance Process

7.014

Upgrades and
Performance Process

Contractor shall work with the Facilities to schedule all changes and/or upgrades
during a time when the incarcerated person communication services are not being
used regularly by the incarcerated persons. Contractor shall coordinate a convenient
time and day with the City to implement the changes or upgrades to avoid an
interruption in service.
Contractor shall coordinate the presence of the dedicated technician at the Facilities
on the day of implementation to perform test calls and video visits to ensure all
incarcerated person communication services are functioning properly.

SECTION E - IPTS REQUIREMENTS
SUBSECTION 1 - IPTS SPECIFIC INSTALLATION REQUIREMENTS
REQUIREMENT
NUMBER
1.001

REQUIREMENT TYPE

DESCRIPTION

IPTS Installation
Requirements

1.002

IPTS Installation
Requirements

1.003

IPTS Installation
Requirements

1.004

IPTS Installation
Requirements
IPTS Installation
Requirements
IPTS Installation
Requirements

All telephone equipment provided shall be fully operational at the time of the initial
installation.
The telephone sets shall be suitable for a correctional environment, stainless steel,
sturdy, non-coin, vandal and tamper resistant; the cord length for the incarcerated
person and visitation telephones is specified in Appendix A - Section H (Facility
Specifications).
All telephone equipment shall be powered by the telephone line, not
require an additional power source.
The telephones must not contain any exterior removable parts.

1.005
1.006

1.007

P-600 (4-19)

IPTS Installation
Requirements

AGREEMENT NEGOTIATION RELATED COMMENTS

All telephone sets shall include volume control.
All telephone sets shall use security torx screws (tamper resistant with a 6point star-shaped screw head) as the installation standard. Caulking must be
pick resistant. Anchors must be heavy duty. Installation must be concealed.
All telephone sets shall use maximum security installation to prevent the
concealment and passage of contraband.

A-6

Contract ID 10000177882

1.008

IPTS Installation
Requirements

1.009

IPTS Installation
Requirements

Contractor shall place placards containing dialing instructions in English, Spanish,
Cantonese and Braille on each telephone. Placards shall be replaced each time an
incarcerated person telephone set is replaced.

1.010

IPTS Installation
Requirements

Should the City require additional telephones at currently populated Facilities or an
expansion of the telephones to newly constructed and/or newly populated
Facilities, Contractor shall provide additional telephones, and monitoring and
recording equipment (as needed) upon 30 days request and at no additional cost to
City. The additionally provided telephones shall incur the same per-device-lease
cost per month as detailed in Appendix A - Section I (Rates and Fees). If the
Contractor fails to provide and install the additional telephones and/or monitoring
and recording equipment within 30 days the Contractor may be liable for liquidated
damages as described in Appendix A - Section I. (Rates and Fees).

1.011

IPTS Installation
Requirements

If the installation of the additional telephones (incarcerated person and visitation) is
not completed within 30 days, Contractor may incur liquidated damages as described
in Appendix A - Section I (Rates and Fees).

All telephone sets use suicide resistant components (products made
specifically to reduce the incident of suicide) in holding cells, sobering cells
or as directed by City and/or the State Authority having jurisdiction - the
Board of State and Community Corrections. Sobering cells are to have
telephones that are hands free and flush to the wall. All incarcerated person
jail telephones in high risk areas are to have cords no longer than 8 inches.

SUBSECTION 2 - IPTS AND USER APPLICATION SPECIFICATIONS
REQUIREMENT
REQUIREMENT TYPE
DESCRIPTION
NUMBER
2.001
IPTS and User Application The IPTS shall be capable of providing all operational features and system
Specifications
requirements applicable to all calls placed through the system, including local, long

AGREEMENT NEGOTIATION RELATED COMMENTS

distance, and international calling and visitation sessions.
2.002

IPTS and User Application The IPTS shall be configured to process both free and speed dialed calls.
Specifications

2.003

IPTS and User Application At City's request, Contractor shall provide a report documenting the completion ratio
Specifications
on a monthly basis or other frequency designated by City.

2.004

IPTS and User Application The reception quality shall meet telecommunication industry standards and shall be
Specifications
at least equal to the quality available to the general public. Contractor shall accept

2.005

IPTS and User Application Call acceptance by the called party shall be accomplished for all calls through DualSpecifications
Tone Multi-Frequency (DTMF) confirmation (“positive acceptance”). Voice

2.006

IPTS and User Application The IPTS shall be capable of recognizing and distinguishing standard or irregular busy
Specifications
signals, standard or irregular ringing signals, answering machines, voicemail, cellular

2.007

IPTS and User Application The IPTS shall be configured to monitor the switch hook on the telephone sets. If the
Specifications
switch hook is pushed down or moved from its idle position, the call must be

City’s reasonable decision regarding whether the reception quality is acceptable.

recognition is not an acceptable method for positive acceptance.

telephones, ring-back tones, chain dialing.

disconnected immediately and the call prompts must come on to prevent
unauthorized dialing. Contractor must assume all responsibility for unauthorized
dialing occurring as a result of the IPTS failing to meet this requirement.
2.008

IPTS and User Application With each call, the IPTS must provide an automated message, customized to the
Specifications
City's specifications, to advise the called party that:

2.009

IPTS and User Application
Specifications

The call is coming from a correctional facility.

2.010

IPTS and User Application
Specifications

The call is coming from a specific incarcerated person.

2.011

IPTS and User Application
Specifications

The call may be monitored and recorded, or

2.012

IPTS and User Application
Specifications

The call is private and not being monitored and recorded.

2.013

IPTS and User Application The IPTS shall be able to accommodate any of the following options for recording and
Specifications
playback of an incarcerated person’s name to the called party:

2.014

IPTS and User Application
Specifications

The incarcerated person may record a name each time a call is placed. City
requires no more than 2 seconds be allowed for the incarcerated person to
record a name; this setting shall be configurable in the IPTS;

2.015

IPTS and User Application
Specifications

The incarcerated person may record a name only once (with the first call
attempted); the recorded name will be stored in the IPTS and shall be played
back with all subsequent call attempts. City requires no more than 2 seconds
be allowed for the incarcerated person to record a name; this setting shall be
configurable in the IPTS; or

P-600 (4-19)

A-7

Contract ID 10000177882

2.016

2.017

IPTS and User Application
Specifications

No name is recorded. If City selects this option, the announcement to the
called party should not include silence or an interruption where the name
recording would normally be included.
IPTS and User Application For calls that are not completed, the IPTS shall play a recorded message to the
Specifications
incarcerated person detailing why the call was not completed.

2.018

IPTS and User Application Following the dialing sequence, Contractor shall indicate whether the IPTS can be
Specifications
configured to either:

2.019

IPTS and User Application
Specifications

2.020

IPTS and User Application
Specifications

2.021

Allow incarcerated persons to remain muted while still being able to hear the
call progress (ex: ringing on the line, voicemail pick-up); or

Place the incarcerated person on-hold and not permit the incarcerated person
to hear the call progress.
IPTS and User Application In no event shall the incarcerated person be allowed to communicate with the called
Specifications
party until the call is positively accepted.

2.022

IPTS and User Application The IPTS user application shall allow the following search criteria and filters (without
Specifications
limitation) to be applied to the CDR queries. Contractor shall indicate any of the

2.023

IPTS and User Application
Specifications

2.024

IPTS and User Application
Specifications

Incarcerated Person Personal Identification Number;

2.025

IPTS and User Application
Specifications

Record Identifier;

2.026

IPTS and User Application
Specifications

Date Range (Start Date/Time and End Date/Tim);

2.027

IPTS and User Application
Specifications

Facility;

2.028

IPTS and User Application
Specifications

Called Number;

2.029

IPTS and User Application
Specifications

Originating Number;

2.030

IPTS and User Application
Specifications

Station Name;

2.031

IPTS and User Application
Specifications

Call Type;

2.032

IPTS and User Application
Specifications

Bill Type;

2.033

IPTS and User Application
Specifications

Duration;

2.034

IPTS and User Application
Specifications

Call Amount;

2.035

IPTS and User Application
Specifications

Flagged Calls;

2.036

IPTS and User Application
Specifications

Monitored Calls;

2.037

IPTS and User Application
Specifications

Recording Type;

2.038

IPTS and User Application
Specifications

Completion Type;

2.039

IPTS and User Application
Specifications

Termination Type;

2.040

IPTS and User Application
Specifications

Validation Result;

2.041

IPTS and User Application
Specifications

Phone Group(s);

2.042

IPTS and User Application
Specifications

Visitation Phone(s); and

2.043

IPTS and User Application
Specifications

Custom Search.

P-600 (4-19)

search criteria which are not currently available:
Incarcerated Person Name (First, Last);

A-8

Contract ID 10000177882

2.044

IPTS and User Application The IPTS user application shall allow CDR query results to be exported in a format
Specifications
selected by City (.csv, PDF, Microsoft Excel 2016 or greater).

2.045

IPTS and User Application At a minimum, the IPTS user application shall be equipped to generate the following
Specifications
standard reports in addition to the CDRs:

2.046

IPTS and User Application
Call Statistics by Date Range;
Specifications
IPTS and User Application
Frequently Called Numbers;
Specifications
IPTS and User Application
Frequently Used Personal Identification Numbers;
Specifications
IPTS and User Application
Commonly Called Number;
Specifications
IPTS and User Application
Call Detail Report;
Specifications
IPTS and User Application
Facility Totals and Statistics;
Specifications
IPTS and User Application
Called Party/Number Accepting Report;
Specifications
IPTS and User Application
Fraud/Velocity Report;
Specifications
IPTS and User Application
Total Calls;
Specifications
IPTS and User Application
Personal Allowable Numbers (PAN) Report;
Specifications
IPTS and User Application
Phone Usage;
Specifications
IPTS and User Application
Reverse Look-Up;
Specifications
IPTS and User Application
User Audit Trail ; and
Specifications
IPTS and User Application The IPTS user application shall allow City to export the reports in a format selected
Specifications
by City (.csv, PDF, Microsoft Excel 2016 or greater).

2.047
2.048
2.049
2.050
2.051
2.052
2.053
2.054
2.055
2.056
2.057
2.058
2.059

2.060

IPTS and User Application The IPTS shall have the capability to customize reports in a form mutually agreed
Specifications
upon by City and Contractor.

2.061

IPTS and User Application Contractor’s IPTS user application shall at a minimum allow:
Specifications

2.062

IPTS and User Application
Specifications

Report generation to include the reports listed above;

2.063

IPTS and User Application
Specifications

The creation, modification and deactivation of user accounts;

2.064

IPTS and User Application
Specifications

The creation, modification and deactivation of incarcerated person accounts;

2.065

IPTS and User Application
Specifications

2.066

IPTS and User Application
Specifications

The creation and modification of telephone numbers in the IPTS including
entry of free and privileged telephone numbers without the assistance of
Contractor;
Locating and accessing a specific recording by utilizing a unique recording/call
identifier;

2.067

IPTS and User Application
Specifications

2.068

IPTS and User Application
Specifications

2.069

2.070

2.071

2.072

2.073

Block/unblock telephone numbers without the assistance of Contractor;

Configure an alert that will detect and prohibit a call made to a restricted
number, a call using a restricted Personal Identification Number, or a call
made from a restricted telephone.
IPTS and User Application
Program a specific speed dial code to selected telephone numbers as
Specifications
determined by City and at no cost to City and without the assistance of
Contractor; and
IPTS and User Application
Query the CDRs for incarcerated person activities and calling patterns,
Specifications
including the provision of reverse look-up at no cost to City. The reverse lookup feature shall include, at a minimum, the end-user's name and billing
address for all collect and pre-paid calls.
IPTS and User Application The IPTS shall have the capability to allow City to create, view and track service
Specifications
tickets associated with the IPTS or Facilities.
IPTS and User Application Contractor shall ensure continuous diagnostics and supervision for call processing
Specifications
and call recording. Contractor shall be capable of performing remote diagnostics to

the IPTS to determine if a problem exists with the telephone, station port, channel,
line.
IPTS and User Application Contractor shall promptly notify City in writing of any local and or long distance
Specifications
telephone service carrier and or provider involved in the provision of telephone
service at the City Facilities. Contractor shall also notify City of any rules, regulations
and or practices employed by such carriers or providers that will have any effect on
the options, and or features of the IPTS.

P-600 (4-19)

A-9

Contract ID 10000177882

2.074

IPTS and User Application If the City finds that any rule, regulation and or practice of any of Contractor’s carriers
Specifications
or providers interferes with or negatively impacts any aspect of the service, options,

and or features of the Contractor’s IPTS, the City may demand and Contractor agrees
to comply with cessation of violation of such rule, regulation and or practice, either
by said carrier or provider or by a change of carrier and/or provider.
2.075

IPTS and User Application The IPTS shall comply with the Americans with Disabilities Act (ADA) requirements
Specifications
including, but not limited to, providing telephones which are accessible to persons in

wheelchairs and providing devices that are compatible with Telephone Devices for
the Deaf (TDD) and Video Relay Services (VRS) and meet these requirements:
2.076

IPTS and User Application
Specifications

Contractor shall provide the number of TDD telephones and ports and VRS
units specified in Appendix A - Section H (Facility Specifications); and

2.077

IPTS and User Application
Specifications

TDD telephones and VRS shall be able to work with the IPTS at the Facilities.

2.076

IPTS and User Application Contractor shall provide commissary ordering via the IPTS. The current commissary
Specifications
provider for City is Keefe; commissary ordering via the IPTS shall allow incarcerated

persons access to the commissary menu IPTS via speed dial, capability to
build/schedule orders, edit orders, cancel orders and review orders prior to
submission to the commissary provider.
2.077

2.078

IPTS and User Application The IPTS shall be able to accommodate pro-bono calls to consulates for all countries
Specifications
which may be required for ICE detainees. This option, when requested by City, shall

be provided at no cost to City. Contractor shall accept City’s direction for how pro
bono calling services are configured via the IPTS.
IPTS and User Application Contractor shall be able to establish an informant line, to allow anonymous
Specifications
submission of information, at no cost to City. Calls to the informant line shall be free
and shall be routed via the IPTS to a destination designated by City. Contractor shall
accept City's direction for how the informant line is configured through the IPTS.

2.079

IPTS and User Application Contractor shall work with City to implement a reporting line which complies with
Specifications
the Prison Rape Elimination Act (PREA) of 2003. At a minimum, Contractor shall:

2.080

IPTS and User Application
Specifications

Route free calls via the IPTS to a destination provided and designated by City
which may be the same as that used for the City informant line.

2.081

IPTS and User Application
Specifications

At no cost to City, provide a telephone line to City dedicated for PREA calls to
which the calls will be routed as free.

2.082

IPTS and User Application
Specifications

2.083

Contractor shall have the capability to allow City to maintain the same
telephone number currently in place at all Facilities and/or utilize any
telephone number specified by the City. Contractor shall accept City’s
direction for how informant or PREA calling services are configured via the
IPTS.
IPTS and User Application Incarcerated Persons shall be allowed to call the Public Defender’s Office. Contractor
Specifications
must post clear multi-language signage with instructions for making such calls in
English, Spanish and Cantonese to be affixed in the immediate vicinity of the
telephones in a location approved by the City. Incarcerated Person calls to the Public
Defender’s Office or to Attorneys shall not be recorded or monitored but shall be
verified and documented in the IPTS by City and marked as private by City. Upon
notice from City to Contractor, call recordings identified by City to be associated with
a private number which has been inadvertently recorded shall be removed by
Contractor within 48 hrs.

SUBSECTION 3 - IPTS SECURITY FEATURES
REQUIREMENT
NUMBER
3.001

REQUIREMENT TYPE
IPTS Security Features

3.002

IPTS Security Features

3.003

IPTS Security Features

3.004

IPTS Security Features

3.005

IPTS Security Features

3.006

IPTS Security Features

3.007

IPTS Security Features

3.008

IPTS Security Features

3.009

IPTS Security Features

3.010

IPTS Security Features

3.011

IPTS Security Features

3.012

IPTS Security Features

P-600 (4-19)

DESCRIPTION

AGREEMENT NEGOTIATION RELATED COMMENTS

The IPTS shall prohibit:
Direct-dialed calls of any type;
Access to a live operator for any type of calls;
Access to “411” information services;
Access to 800, 866, 888, 877, 900, 911, and any other 800 or 900 type services;
and
Access to multiple long distance carriers via 950, 800 and 10 10-XXX numbers.
The IPTS shall prevent call collision or conference calling among telephone
stations.
The IPTS shall be able to shut down and/or disable an individual telephone or
telephone group(s) quickly and selectively without affecting other telephones or
telephone group(s). City must be able to shut down via the IPTS user application
and/or by cut-off switches at several locations including, but not limited to:
At demarcation location;
Central control; and
By select housing units.
The IPTS shall not accept any incoming calls. Contractor shall work with the LEC to
ensure such control.

A-10

Contract ID 10000177882

3.013

IPTS Security Features

3.014

IPTS Security Features

3.015

IPTS Security Features

3.016

IPTS Security Features

3.017

IPTS Security Features

REQUIREMENT
NUMBER
4.001

REQUIREMENT TYPE

DESCRIPTION

Personal Identification
Number Application

The Personal Identification Number (PIN) application shall work with the IPTS
allowing incarcerated persons to use PINs to complete calls via the IPTS and include
all of the following features and functionalities:
The capability to provide collect, pre-paid and debit, free and speed dial calling
utilizing a PIN;
The capability to configure pro per incarcerated person PINs including any associated
PAN lists, separate from the original incarcerated person PIN, and configurable and
searchable by City within the IPTS platform.
The capability to interface with the Facility’s Jail Management System (“JMS”). The
current JMS provider is New World Systems. It is the Contractor’s responsibility to
contact the JMS provider, establish a working business relationship and identify the
requirements necessary to interface with the JMS to ensure Contractor will be able
to meet the PIN requirements listed below with the initial implementation. The City
shall not be responsible for paying any amount associated with the required
interface.
The capability to receive, accept and search alphanumeric characters in an
incarcerated person’s ID.
The capability of accommodating any of the following options for how PINs
are received and/or generated by the IPTS:
JMS generates and sends to the IPTS an incarcerated person ID. The IPTS
stores the incarcerated person ID and generates an additional unique
identifier to be added to the incarcerated person ID. The combination of the
incarcerated person ID and the additional unique identifier shall be the PIN;

The IPTS, upon detection of a three-way call, forwarded call, conference call shall be
able to flag and/or terminate the call immediately. These calls shall be flagged in the
CDRs as such.
The IPTS shall allow the called party to block their telephone number during the call
acceptance process.
As specified by City, the IPTS shall have the capability to allow calls to specific
numbers at specified times during the day.
The IPTS shall be capable of limiting the length of a call, providing service at
specified times of the day and allowing a maximum number of minutes or seconds
per incarcerated person, per month. The current call time limit for the Facilities is
specified in Appendix A - Section H (Facility Specifications).
Prior to the initial implementation of Contractor's services, Contractor shall receive
City approved lists of telephone numbers that shall be configured as private or
blocked. All numbers provided as approved by City shall be configured as requested
and re-validated by Contractor before transition of service and implementation of
the new IPTS.

SUBSECTION 4 - PERSONAL IDENTIFICATION NUMBER APPLICATION

4.002

Personal Identification
Number Application

4.003

Personal Identification
Number Application

4.003

Personal Identification
Number Application

4.004

Personal Identification
Number Application

4.005

Personal Identification
Number Application

4.006

Personal Identification
Number Application

4.007

Personal Identification
Number Application

4.008

Personal Identification
Number Application

4.009

Personal Identification
Number Application

4.010

Personal Identification
Number Application
Personal Identification
Number Application

4.011

4.012
4.013
4.014

4.016

4.017

AGREEMENT NEGOTIATION RELATED COMMENTS

JMS generates and sends to the IPTS an incarcerated person ID along with
additional incarcerated person data. The IPTS stores the incarcerated person
ID and utilizes the additional incarcerated person data to create the complete
PIN;
JMS generates and sends the complete PIN to the IPTS. The IPTS stores the
complete PIN; or
The IPTS, without an interface with the JMS, auto-generates the complete
PIN;
The IPTS shall be capable of accepting a manually entered PIN.

The interface between the JMS and IPTS shall automatically update the status of the
PIN in the IPTS based on the incarcerated person’s status in the JMS (e.g. newly
booked, transferred, released).
Personal Identification City requires a 12-digit PIN comprised of an 8-digit incarcerated person ID and a
Number Application
unique 4-digit identifier generated by the IPTS.
Personal Identification PINs are required for booking/intake phone(s).
Number Application
Personal Identification
Number Application

Once a PIN has been activated in the IPTS, the incarcerated person shall only be
allowed to place calls from a designated Facility or group of incarcerated person
telephones located at the Facility.
Personal Identification When an individual PIN is added or modified in the system, the IPTS shall document
Number Application
the date/time and the user making the change.
Personal Identification
Number Application

P-600 (4-19)

City requires a Contractor-provided test PIN for private call prompt verification. City
must have the ability to place test calls and confirm, without assistance from
Contractor, that the IPTS is configured with the appropriate admonition relative to
calls that are placed to telephone numbers configured with private/privileged
settings. The City may request modifications to private call prompt language at any
time and shall be completed by Contractor within 48 hours of request.

A-11

Contract ID 10000177882

SUBSECTION 5 - PERSONAL ALLOWABLE NUMBER LISTS (PANs)
REQUIREMENT
NUMBER
5.001

REQUIREMENT TYPE

DESCRIPTION

PANs

The IPTS shall have the capability to store a list of Personal Allowed Numbers (PAN)
associated with specified incarcerated person PINs, including pro per PINs. The City
shall have the flexibility to apply PAN lists to some or all of the incarcerated person
population.

5.002

PANs

5.003

PANs

The IPTS shall allow authorized users to set a universal quantity of PANs at the
incarcerated person level or override the default quantity of PANs for an
incarcerated person.
The quantity of approved telephone numbers within a PAN shall be configurable.

5.004

PANs

5.005

PANs

5.006

PANs

5.007

PANs

5.008

PANs

REQUIREMENT
NUMBER
6.001

REQUIREMENT TYPE

AGREEMENT NEGOTIATION RELATED COMMENTS

PANs shall allow authorized users to set a universal quantity of approved telephone
numbers for each PIN.
The IPTS shall have the capability to track PAN changes based on a frequency
required by City. The IPTS shall have the capability to notify the user if a PAN change
is requested to be made outside of the allowed timeframe (e.g. every 90 days).
The IPTS shall document all updates, modifications and/or details for a PAN (e.g. user
name, modification made, time/date stamp).
IPTS shall be capable of storing the following information (at a minimum) for each
telephone number on the PAN; telephone number, called party name, address and
relationship to incarcerated person.
The PAN application shall include an auto-enroll feature to avoid manual entry of
PANs.

SUBSECTION 6 - MONITORING AND RECORDING
DESCRIPTION

AGREEMENT NEGOTIATION RELATED COMMENTS

Monitoring and
The IPTS shall be capable of monitoring and recording all incarcerated person calls
Recording Requirements and visitation sessions from any telephone within the Facilities unless there are

restrictions that prohibit the recording and monitoring of certain calls and visitation
sessions such as attorney-client privilege. The IPTS must provide an automated
message to advise participants that the visitation session may be monitored and
recorded. All incarcerated person-attorney or incarcerated person-Public Defender
calls are not and shall not be recorded. Contractor shall be responsible for ensuring
that all calls to verified attorney telephone numbers, specified and/or entered by
the City or Contractor, are set as private and are not recorded. A failure by the
Contractor to adhere to City's attorney verification process is subject to liquidated
damages as described in Appendix A - Section I. (Rates and Fees).
6.002

Monitoring and
The IPTS shall be able to exclude all restricted or privileged calls and visitation
Recording Requirements sessions and clearly designate non-recorded calls/visitation sessions within the IPTS

6.003

Monitoring and
The IPTS shall allow designated users at the Facilities to play back a recorded
Recording Requirements call/visitation session in progress (e.g. live monitoring) via the IPTS user application.

6.004

Monitoring and
The IPTS shall be configured by default to record all calls/visitation sessions, except
Recording Requirements in the case of attorney calls. The IPTS shall have the capability of allowing the City to

user application.

activate/deactivate the recording feature for the visitation stations without the
involvement of Contractor.
6.005

6.006

Monitoring and
Recording Requirements

A failure by the Contractor to adhere to City's visitation monitoring/recording
process is subject to liquidated damages as described in Appendix A - Section
I. (Rates and Fees).
Monitoring and
The IPTS shall be capable of recording calls/visitation sessions in a manner allowing
Recording Requirements designated users to isolate the incarcerated person or the end-user side of the
recording for playback.

6.007

Monitoring and
The IPTS shall provide simultaneous playback and continuous recording of calls and
Recording Requirements visitation sessions.

6.008

Monitoring and
The live monitoring feature shall display a list of calls in progress to allow City to scan
Recording Requirements through all calls in progress or to listen to a specific call. At minimum the default

view shall sort calls in chronological order. Private calls, such as attorney calls, shall
be indicated as such in the display window. For the purpose of call monitoring, the
City prefers that the IPTS display the fields below. Contractor shall indicate any
display fields not currently available.
6.009

Monitoring and
Recording Requirements

Call Start Time;

6.010

Monitoring and
Recording Requirements

Facility;

6.011

Monitoring and
Recording Requirements

Phone Location Name;

6.012

Monitoring and
Recording Requirements

Incarcerated Person Name;

P-600 (4-19)

A-12

Contract ID 10000177882

6.013

Monitoring and
Recording Requirements

Incarcerated Person PIN;

6.014

Monitoring and
Recording Requirements

Called Number;

6.015

Monitoring and
Recording Requirements

Private/Attorney Call;

6.016

Monitoring and
Recording Requirements

Called City, State;

6.017

Monitoring and
Recording Requirements

Call Type;

6.018

Monitoring and
Recording Requirements

Call Status;

6.019

Monitoring and
Recording Requirements

Alert; and

6.020

Monitoring and
Recording Requirements

Duration.

6.021

Monitoring and
All Call Detail Records (“CDRs”) including all attempted and completed calls, shall be
Recording Requirements stored online for a minimum period of 3 years and stored offline for a minimum

6.022

Monitoring and
All call recordings and visitation sessions shall be stored online for the life of the
Recording Requirements Agreement. A copy of all recordings shall be stored offline by the Contractor for a

period of 7 years following the expiration of the Agreement.

period of 2 years following the expiration or termination of the Agreement and any
renewal terms.
6.023

Monitoring and
The City does not require IPTS workstations under this Agreement aside from that for
Recording Requirements the Contractor-provided dedicated technician or similar. Access to the IPTS shall be

completely web-based and Contractor shall provide a detailed description, as well as
network requirements, for how real-time, anywhere, anytime access to the IPTS user
application shall be accomplished at no cost to the City. Contractor shall include
remote access to the IPTS at no additional cost.
6.024

Monitoring and
The provision of remote access shall allow City the same features and functionalities,
Recording Requirements permitted by the user’s level of access, available on a Contractor-provided

6.025

Monitoring and
For the term of the Agreement, City shall have access to all CDRs from all
Recording Requirements workstations and remote access computers, based on the user’s access level.

6.026

Monitoring and
The IPTS shall be capable of providing alerts for certain calling events and, at a
Recording Requirements minimum, allow designated users to receive or be forwarded a live call/visitation

6.027

Monitoring and
The IPTS user application shall transfer/copy/export recordings with no loss in
Recording Requirements quality and shall be capable of placing an audio and visual date/time stamp with the

workstation.

session to a specified destination.

recording. Contractor shall provide a detailed description of the process for
transferring/copying/exporting recordings.
6.028

Monitoring and
The IPTS shall be capable of emailing and copying recorded calls and visitation
Recording Requirements sessions onto a CD/DVD or other storage medium in audio or MP3/data format with

6.029

Monitoring and
The copying/burning application shall be internal to the IPTS .
Recording Requirements

6.030

Monitoring and
Contractor shall provide modular units for the occurrence of mass arrests. Portable
Recording Requirements phones shall be custom mounted on metal four wheel dollies for easy and stable

tamper free capabilities.

transport and stable end-use. Provide units with poly-urethane, non-marring, ballbearing, smooth running, lockable wheels. Provide with push-cart handle and
location to secure the unit to a fixed item. Provide plug-in extension length as
required. Unit platform shall be aluminum or finished metal. Provide phone outlets
at predetermined locations for interconnect to IPTS system. Contractor shall provide
the quantity of portable phones required by the City as outlined in Appendix A Section H (Facility Specifications).
6.031

Monitoring and
In case of IPTS system failure, the IPTS shall provide an easily switchable bypass to
Recording Requirements remove the intake phone system from the IPTS system and to access outside lines

directly upon failure of the IPTS system. Such workaround may be provided as
follows: cutoff switching at an agreed upon location from the IPTS system with a
“land-line” cut-in interface for standard phone service. This is to meet legal
requirements to provide phone calls within the first 2-hours of custody.
6.032

Monitoring and
Contractor shall provide hands-free suicide resistant telephones at specific locations
Recording Requirements per the City's direction and preference.

P-600 (4-19)

A-13

Contract ID 10000177882

SECTION F - VVS REQUIREMENTS
SUBSECTION 1 - VIDEO VISITATION SERVICE
REQUIREMENT
REQUIREMENT TYPE
DESCRIPTION
NUMBER
1.001
Video Visitation Service The VVS shall consist of hardware, firmware and software designed to enable the

AGREEMENT NEGOTIATION RELATED COMMENTS

City to initiate, monitor, record, and retrieve video visitation sessions. Contractor
visitation software scheduling shall apply to both VVS and standard onsite
visitations. If Contractor software cannot accommodate both VVS and standard
onsite visitations, Contractor must reimburse City's annual maintenance fee for City's
provision of standard onsite visitation scheduling software.
1.002

Video Visitation Service Contractor's VVS shall provide all operational features and system requirements

applicable to all video visitation sessions placed through the VVS including
incarcerated person to general public and incarcerated person to attorney video
visitation sessions at City preferred durations.
1.003

Video Visitation Service The VVS shall utilize the IPTS interface with the JMS. City will not be responsible for

paying any amount(s) associated with the required interface(s). City prefers the
incarcerated person identifier utilized for the IPTS is the same incarcerated person
identifier for the VVS.
1.004

Video Visitation Service City requires the VVS to complete both onsite and remote video visitation sessions

at no cost to the general public or incarcerated person. All video visits shall be
considered paid for by City within the per-device-lease cost for each video visitation
station and billed monthly. Onsite video visitation stations are currently available to
visitors in the lobbies of CJ#1 and CJ#5, allowing a visitor at CJ#1 to conduct a video
visitation session with an incarcerated person at CJ#5. A visitor at CJ#5 can conduct a
video visitation session with an incarcerated person at CJ#2. Incarcerated person
video visitation stations are installed at CJ#5 and CJ#2.
1.005

Video Visitation Service Should the City require additional VVS stations at currently populated Facilities or an

expansion of VVS to newly constructed and/or newly populated Facilities, Contractor
shall provide additional VVS stations, both for visitors in lobby areas and inmates
within housing units, and monitoring and recording equipment (as needed) upon 45
days request and at no additional cost to City. The additionally provided VVS stations
shall incur the same per-device-lease cost per month as detailed in Appendix A Section I (Rates and Fees). If the Contractor fails to provide and install the additional
VVS stations and/or monitoring and recording equipment within 45 days the
Contractor may be liable for liquidated damages as described in Appendix A - Section
I. (Rates and Fees).
1.006

Video Visitation Service Contractor shall provide internet test capability to remote video visitors.

1.007

Video Visitation Service The VVS must be able to shut down and/or disable an individual video visitation

station or group of video visitation stations quickly and selectively without affecting
other video visitation stations.
1.008

Video Visitation Service Designate professional visitors, such as legal counsel, to ensure the video visitation

sessions are not recorded; provide full monitoring and recording for all other video
visitation sessions and store video visitation recordings online for a period of 90
days.
1.009

Video Visitation Service Provide power over Ethernet (“POE”) and complete all wiring and installation work

1.010

Video Visitation Service Accommodate a ratio of 1 incarcerated person video visitation station for every 45-50

1.011

Video Visitation Service Install a monitoring station with the capability for City staff to view real-time video

required to implement VVS.
incarcerated persons.
visitation session activity. City prefers a 60” screen size with the capability to view 1216 simultaneous video visitation stations in a thumbnail format on the monitoring
screen.
1.012

1.013

Video Visitation Service The VVS shall be capable of differentiating onsite and remote video visitation

sessions. Further, the VVS shall be capable of limiting the length of a video visitation
session providing service at certain times of the day/week/month and allowing a
maximum number of video visitation sessions per incarcerated person per week or
month.
Video Visitation Service Contractor must have the capability to provide remote access to the VVS at no
additional cost. The provision of remote access shall allow the City the same
features and functionalities, permitted by the user’s level of access, available on a
control workstation.

P-600 (4-19)

A-14

Contract ID 10000177882

SUBSECTION 2 - VVS SPECIFIC INSTALLATION REQUIREMENTS
REQUIREMENT
NUMBER
2.001

REQUIREMENT TYPE

DESCRIPTION

VVS Installation
Requirements

Contractor shall provide the City the number of VVS control workstation(s) specified
in Appendix A - Section H (Facility Specifications). The workstations shall work in realtime with the VVS, for monitoring, recording and reporting. The workstation shall
each include a CD/DVD burner, 2 flat screen monitors, built in speakers, mouse,
keyboard, data/audio burning software, laser printer and a licensed copy of
Microsoft Office (or equivalent).

2.002

VVS Installation
Requirements

2.003

VVS Installation
Requirements
VVS Installation
Requirements
VVS Installation
Requirements

VVS stations shall be suitable for a correctional environment, made from stainless
steel, and must be vandal and tamper resistant with a shatter proof screen. VVS
stations shall include the cord length requirements as those for telephone sets as
described in Appendix A - Section H (Facility Specifications).
The VVS stations shall not include any removable parts.

2.004
2.005

2.006

VVS Installation
Requirements
VVS Installation
Requirements

2.007

AGREEMENT NEGOTIATION RELATED COMMENTS

The VVS stations shall include volume control.
Contractor shall, with direction and approval from City and/or City's Bureau of
Building Services, install all new VVS equipment even if the selected
Contractor is the incumbent Contractor, and as advised.
VVS stations shall include picture-in-picture viewing.
Upon installation of the VVS, Contractor will be responsible for providing all labor,
equipment, supplies, materials, software, configuration (hardware, software,
networking and bandwidth), documentation, testing and training necessary for the
completion of the installation.
The VVS must provide high-quality, stereo audio and broadcast-quality video while
meeting the industry quality standards.
Upon completion of the initial installation and any ongoing installations, Contractor
shall provide City with a list of incarcerated person and visitor video visitation
stations, specifications, and location of each unit.
Contractor shall place placards containing video visitation use instructions in English,
Spanish and Cantonese on or near each station. Placards shall be replaced each time
a VVS station is replaced.

2.008

VVS Installation
Requirements

2.009

VVS Installation
Requirements

2.010

VVS Installation
Requirements

REQUIREMENT
NUMBER
3.001

REQUIREMENT TYPE

DESCRIPTION

VVS Registration and
Scheduling

The VVS shall include a web-based scheduling application allowing visitors (public
and professional) to register, schedule, fund and/or cancel standard and video
visitation sessions using an internet browser and internet connection. Contractor
visitation software scheduling shall apply to both VVS and standard onsite
visitations. If Contractor software cannot accommodate both VVS and standard
onsite visitations, Contractor must reimburse City's annual maintenance fee for City's
provision of standard onsite visitation scheduling software. All video visits shall be
scheduled to occur on the dates specified and approved by City.

VVS Registration and
Scheduling
VVS Registration and
Scheduling

The VVS shall have the capability to allow smart phone scheduling.

SUBSECTION 3 - VVS REGISTRATION AND SCHEDULING

3.002
3.003
3.004

VVS Registration and
Scheduling

3.005

VVS Registration and
Scheduling

3.006

VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling

3.007
3.008
3.009
3.010
3.011
3.012
3.013
3.014
3.015

VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling

P-600 (4-19)

AGREEMENT NEGOTIATION RELATED COMMENTS

The VVS shall allow visitors to log in using a unique visitor ID or an email address and
password.
The VVS shall be capable of requiring the general public to acknowledge and agree to
the terms and conditions associated with City’s visitation policies as part of the
registration process and with each scheduled visitation session.
At a minimum, the VVS shall obtain and store the following information for the
visitor as part of the registration process:
First Name;
Last Name;
Email;
Telephone Number / Cell Phone;
Username; and
Password.
At a minimum, the VVS shall obtain and store the following information for the
visitor as part of the scheduling process:
First Name;
Middle Name;
Last Name;

A-15

Contract ID 10000177882

3.016
3.017
3.018
3.019
3.020
3.021
3.022
3.023

VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling
VVS Registration and
Scheduling

Email;
Physical Address (Street Address, City, State, Zip);
Telephone Number;
Identification Type;
ID Number;
Username; and
Password.
The VVS shall have the capability to track all incarcerated person housing unit
assignments, movements, and releases. The VVS shall automatically cancel all
sessions associated with an incarcerated person if the incarcerated person gets
released.
The VVS shall be capable of sending the general public an email or text notification
confirming the scheduled or canceled visit.
The VVS shall have the capability to display upcoming daily video visitation session
information on one or multiple incarcerated person station screens (i.e. incarcerated
person name, time of visit).

3.024

VVS Registration and
Scheduling

3.025

VVS Registration and
Scheduling

3.026

VVS Registration and
Scheduling

REQUIREMENT
NUMBER
4.001

REQUIREMENT TYPE

DESCRIPTION

VVS User Application

4.002

VVS User Application

4.003

VVS User Application

4.004

VVS User Application

4.005

VVS User Application

4.006

VVS User Application

4.007

VVS User Application

4.008

VVS User Application

4.009

VVS User Application

4.010

VVS User Application

4.011

VVS User Application

4.012

VVS User Application

4.013

VVS User Application

The VVS must provide specific information for tracking incarcerated person and
visitor activities and patterns by, at a minimum, the following criteria:
Incarcerated Person ID number;
Incarcerated Person name;
Visitor name;
Date and time of visit;
Incarcerated Person video visitation station; and
Daily, weekly and monthly visit statistics.
The VVS shall have the capability to allow authorized City staff to create the
following restrictions with customizable durations:
Restrict a visitor from visiting certain incarcerated person(s);
Restrict an incarcerated person from visiting ALL visitors;
Restrict a visitor from visiting ALL incarcerated persons;
Restrict an incarcerated person from having remote video visits (onsite
video visits only);
The VVS user application shall have the capability to support the following functions:

4.014

VVS User Application

4.015

VVS User Application

4.016

VVS User Application

4.017

VVS User Application

4.018

VVS User Application

4.019

VVS User Application

4.020

VVS User Application

4.021

VVS User Application

4.022

VVS User Application

4.023

VVS User Application

4.024

VVS User Application

4.025

VVS User Application

4.026

VVS User Application

4.027

VVS User Application

4.028

VVS User Application

REQUIREMENT
NUMBER
5.001

REQUIREMENT TYPE

The VVS shall be capable of accommodating different sets of rules for onsite
standard visitation and remote video visitation sessions.

SUBSECTION 4 - VVS USER APPLICATION
AGREEMENT NEGOTIATION RELATED COMMENTS

Set user ID;
Set/reset password;
Capture the user's first, middle and last name;
Manually terminate standard or video visitation sessions;
Report status of all standard and video visitation sessions (online or idle);
Stop, pause and restart any running visit;
Allow the City to enter comments or add notes to a visit;
Allow for station reassignment during any running visit;
Allow for visitation time extension during any running visit;
Customize the number of visits per the monitoring screen and the page
rotation duration;
Designate a visitor as being an attorney (or other professional) type of
visitor;
Manually schedule standard or video visitation sessions for a particular
incarcerated person, station, and date and time, on behalf of visitor(s);
Allow authorized users the ability to mandate specific visits, visitors and/or
incarcerated persons to be recorded;
Allow authorized users to download, share and/or view recordings; and
Include an audit trail function and the capability to track users who have
viewed and/or downloaded the recording files(s).

SUBSECTION 5 - VVS MONITORING AND RECORDING REQUIREMENTS
DESCRIPTION

AGREEMENT NEGOTIATION RELATED COMMENTS

VVS Monitoring and
The VVS must permit the City to fully record and monitor all standard and video
Recording Requirements visitation sessions from any standard or video visitation station within the Facilities

unless there are restrictions that prohibit the recording and monitoring of certain
sessions such as attorney-client restrictions. Contractor shall be responsible for
ensuring that all video visitation sessions with verified attorneys, specified and/or
entered by the City or Contractor, are set as private and are not recorded.
Contractor's failure to adhere to City's attorney verification process may result in
liquidated damages as decribed in Appendix A - Section I. (Rates and Fees).

P-600 (4-19)

A-16

Contract ID 10000177882

5.002

VVS Monitoring and
The VVS shall automatically start each video visitation session at the designated start
Recording Requirements time.

5.003

VVS Monitoring and
The VVS shall allow City to determine if a visit is to be cancelled if the visitor does
Recording Requirements not check-in on time or after a set amount of time, and if the visitation session will

5.004

VVS Monitoring and
The VVS shall automatically attempt to reconnect a video visitation session if
Recording Requirements connectivity is lost.

5.005

VVS Monitoring and
The VVS shall include an alert system that will detect visitation sessions made by a
Recording Requirements particular incarcerated person or visitor.

5.006

VVS Monitoring and
The VVS should have the capability to display an onscreen countdown clock timer on
Recording Requirements the incarcerated person and the visitor stations.
VVS Monitoring and
The City requires the retention of video visitation sessions online for 90 days.
Recording Requirements
VVS Monitoring and
The VVS shall store all video visitation sessions offline for the life of the Agreement
Recording Requirements plus 2 years after the termination of the Agreement.

count against the incarcerated person's visitation quota.

5.007
5.008

SECTION G - ADDITIONAL TECHNOLOGY
SUBSECTION 1 - AUTOMATED INFORMATION TECHNOLOGY SYSTEM (AITS)
REQUIREMENT
NUMBER

REQUIREMENT TYPE

DESCRIPTION

1.001

AITS

Contractor shall provide to City the Virtual Receptionist as an AITS within 180 days of
Agreement execution and at no cost to City.

1.002

AITS

Contractor's AITS shall provide both incarcerated persons and external users with information
relative to the facilities or to a specific incarcerated person.

1.003

AITS

Contractor shall offer its AITS at the discretion of the City with configurable and wholly
adjustable prompts as appropriate, including but not limited to general facility information,
visitation information, incarcerated person information, incarcerated person charges, bond
amounts and types, court dates/times/locations, and release dates.

AGREEMENT NEGOTIATION RELATED COMMENTS

SUBSECTION 2 - Cell Phone Detection
REQUIREMENT
NUMBER

REQUIREMENT TYPE

DESCRIPTION

2.001

Cell Phone Detection

Contractor shall provide to City one (1) ferromagnetic mobile cell phone detection device
within 180 days of Agreement execution and at no cost to City.

2.002

Cell Phone Detection

Contractor's mobile cell phone detection device shall be capable of detecting cell phones and
other devices, provide full body scans and body cavity detection, and shall also offer a covert
screening option.

P-600 (4-19)

A-17

AGREEMENT NEGOTIATION RELATED COMMENTS

Contract ID 10000177882

SECTION H - FACILITY SPECIFICATIONS
SUBSECTION 1 - FACILITY INFORMATION & EQUIPMENT REQUIREMENTS
Data Category
Average Daily Population (ADP):
Incarcerated Person Type:
Call Time Limit:
Hours of Availability for Incarcerated Person Telephones:
Hours of Availability for Booking Telephones:
Incarcerated Person Telephones Required:
Required Telephone Cord Length (Incarcerated Person
Telephones):
Visitation Telephones Required:
Required Telephone Cord Length (Visitation Telephones):
Portable/Cordless Phones Required:
TDD and VRS Devices Required:
Public Pay Telephones:
Incarcerated Person Video Visitation Stations Required:
Required Cord Length (Incarcerated Person Video Visitation
Stations):
General Public Video Visitation Stations:
Required Cord Length (General Public Video Visitation
Stations):
Control Workstation Required:
Total IPCS Devices to be Invoiced:
Data Category
Average Daily Population (ADP):
Incarcerated Person Type:
Call Time Limit:
Hours of Availability for Incarcerated Person Telephones:
Hours of Availability for Booking Telephones:
Incarcerated Person Telephones Required:
Required Telephone Cord Length (Incarcerated Person
Telephones):
Visitation Telephones Required:
Required Telephone Cord Length (Visitation Telephones):
Portable/Cordless Phones Required:
TDD and VRS Devices Required:
Public Pay Telephones:
Incarcerated Person Video Visitation Stations Required:
Required Cord Length (Incarcerated Person Video Visitation
Stations):
General Public Video Visitation Stations:
Required Cord Length (General Public Video Visitation
Stations):
Control Workstation Required:
Total IPCS Devices to be Invoiced:

County Jail #1 (Intake Facility)
425 7th Street
San Francisco, CA 94103
30
City, County, State
15 Minutes
24/7
24/7

County Jail #2
425 7th Street
San Francisco, CA 94103
280
City, County, State
15 Minutes
24/7
24/7

20

74

18"
4
18"
1
2 TDD/1 VRS
1
0

18"
10
18"
5
0
1
12 (5 Wall-mounted/7 Portable)

18"
1

18"
0

18"
0
30
County Jail #4
850 Bryant Street 7th Floor
San Francisco, CA 94103

18"
1
103
County Jail #5
1 Moreland Drive
San Bruno, CA 94066

340
City, County, State
15 Minutes
24/7
24/7

650
City, County, State
15 Minutes
24/7
24/7

59

64

18"
64
18"
8
0
1
0

18"
76
18"
24
2 TDD/1 VRS
1
25 (16 Wall-mounted/9 Portable)

N/A
0

18"
2

N/A
0
132

18"
1
196

County Jail #3
850 Bryant Street, 6th Floor
San Francisco, CA 94103

Facility Empty

County Jail #6
1 Moreland Drive
San Bruno, CA 94066

Facility Empty

SUBSECTION 2 - INTERFACE CONTACT INFORMATION
Service Provider Type
Commissary
JMS

P-600 (4-19)

Company & Contact Name
Keefe/Jennifer Rowland
New World Systems/Gene Markle

A-18

Contact Telephone Number

Email
jrowland@keefegroup.com

248-269-1000

Contract ID 10000177882

SECTION I - RATES AND FEES
SUBSECTION 1 - IPCS RATES & FEES
Category

Cost Per Minute

Average Cost Per Call Or Visit:
15 Minute Duration

Calling Rates to Incarcerated Persons or Called Party
All Domestic Calls
International

$0.00
$0.00

Onsite VVS
Offsite/Remote VVS

$0.00
$0.00

$0.00
$0.00

Video Visitation Fee to Incarcerated Persons or Visiting Party
$0.00
$0.00

Contractor's per-device-lease fee shall be payable by City on a per station basis and covering the scope of the Agreement associated with the IPCS.
Incarcerated persons and end-users shall not be charged for any communications covered herein, inclusive of any associated funding fees.
All calls and video visits, including international calls, shall be processed as free through the IPCS.
No invoices for Services provided by law firms or attorneys, including, without limitation, as subcontractors of Contractor, will be paid unless the Contractor received advance written
approval from the City Attorney.

SUBSECTION 2 - IPTS/VVS LEASE COST
PER INCARCERATED PERSON TELEPHONE & VIDEO VISITATION STATION
Category

Amount

Interval

Lease cost for IPTS (Per Device):

89.78*

Per Device Per Month

Lease cost for VVS (Per Device):

89.78*

Per Device Per Month

* In accordance with Quote 00003376 received from GTL dated June 1, 2020, City's total cost for the VVS expansion (inclusive of hardware, implementation, and infrastructure) shall be
$107,450.00. This total VVS expansion cost shall be paid in 12 equal and monthly installments at a rate of $8,954.16 in addition to the $89.78 per-device-lease fee per month for the first
year of this Agreement. Details of the VVS expansion costs are detailed in Appendix A - Section J. (VVS Cost).
* Beginning with year 2 of this Agreement, and with each year thereafter, City shall only be responsible for the total per-device-lease fee of $89.78 per month.

SUBSECTION 3 - CALCULATION OF CHARGES
The IPTS/VVS Lease Cost (Per Device) of $89.78 per Appendix A - Section I, Subsection 2, each month as compensation, includes the lease, implementation, maintenance, infrastructure,
service, and hardware costs listed in Apendix A, Section H. Facility Specifications and Section J. VVS Cost.
Contract Period

Monthly Cost

Annual Cost

Year 1 (Months 1 to 12)

$49,774.14

$597,289.70

Year 2 (Months 13 to 24)

$41,388.58

$496,662.96

Year 3 (Months 25 to 36)

$41,388.58

$496,662.96

Total Not to Exceed Amount

$1,590,615.62

SUBSECTION 4 - LIQUIDATED DAMAGES
Category

Description

Amount

Unauthorized visitation recordings wherein
visitation sessions were recorded without the
All Incarcerated Person Communication authorization of the City or direction from the
Services
City regarding the settings for
monitoring/recording the visitation session
was not followed.
IPTS traffic detail reports, billing files, CDRs,
VVS detail reports, and/or all other reports not
containing the required fields, received by City
All Incarcerated Person Communication after the date specified in Appendix A, Section
Services
A (General Conditions). If the reporting is late
and/or reports do not contain all required
fields, late charges/interest for all three shall
apply.

P-600 (4-19)

$300.00 per unauthorized recording or per instance where City direction regarding the settings
for monitoring/recording the visitation session was not followed.

$750.00 per month for each report not received by the due date specified or for each report that
does not contain all of the fields and information identified in Appendix A, Section A (General
Conditions).
$100.00 per day for any daily CDR reports not submitted by Contractor, or for each day where the
CDR report does not contain all of the fields and information identified in Appendix A, Section A
(General Conditions).

A-19

Contract ID 10000177882

Any changes to rates without the express
All Incarcerated Person Communication
written approval of City. Contractor must issue
Services
refunds to all overcharged end-users or
incarcerated
persons
withinor5 applications
business days; a
Any
bill types,
transactions
implemented or removed regarding the
All Incarcerated Person Communication
processing and/or completion of incarcerated
Services
person telephone calls without the express
written consent of City.
Due to Contractor’s action(s), if any
installation, initial or additionally requested
All Incarcerated Person Communication incarcerated person communications
Services
equipment is not completed within the
timeframe allowed in the agreed-upon
implementation plan.
Contractor shall be responsible for resolving
any reported repairs or replacements within 10
days following the date of notification of a
service request or incarcerated person
All Incarcerated Person Communication
communication service failure (“Cure Period”).
Services
Should Contractor fail to resolve the reported
repair or replacement within the specified
Cure Period, Contractor may be liable for
liquidated damages.
When City suffers one or more lost,
unrecoverable or un-useable recording(s). City
All Incarcerated Person Communication agrees to notify Contractor of such instances
Services
and provide up to 7 days per instance for
Contractor to produce the call recordings.

$2.00 per completed call or video visitation session which was rated/charged using unauthorized
rates(s).

Contractor shall adhere to City’s performance
process when upgrading each incarcerated
person communications service, software,
All Incarcerated Person Communication equipment, or performing any changes to the
Services
incarcerated person communications which
affect the scope under this Agreement. Any
deviation from the process may result in
liquidated damages incurred by Contractor.

$500.00 per occurrence.

$500.00 per day for each day the bill type, transaction or applications is implemented or
removed.

$500.00 per day for each day the after the agreed-upon date until the installation is complete.

$500.00 for each day after the Cure Period and for each reported repair or replacement that the
Contactor fails to resolve, until each reported repair or replacement is resolved by Contractor.

$1,000.00 per occurrence.

SECTION J - VVS Expansion Cost
SUBSECTION 1 - VVS Hardware, Implementation, and Infrastructure (Year 1)
Hardware
Product Name
15.6" Megatron – Complete unit
15.6" Megatron – Mobile unit

ContractorProduct Code
N/A
N/A

Quantity
3
16

Unit Cost
Extended
$1,400.00
$4,200.00
$1,900.00
$30,400.00
Subtotal:
$34,600.00

ContractorProduct Code
RS-SV-5.6-1000
N/A

Quantity
19
31

Unit Cost
Extended
$150.00
$2,850.00
$2,258.06
$70,000.00
Subtotal:
$72,850.00

Services
Product Name
SV - Implementation
SV - Install/Infrastructure (Includes Data Drops)

Grand Total: $107,450.00

P-600 (4-19)

A-20

Contract ID 10000177882

 

 

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