HomeMy WebLinkAboutAgreement A-21-160 with Global Tel Link Corporation.pdfAgreement No. 21-160
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May
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AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this_ day of
___ _, 2021, by and between the COUNTY OF FRESNO, a political subdivision of the State
5 of California, ("COUNTY"), and Global Tel*Link Corporation (GTL), a Virginia corporation, whose
6 address is 3120 Fairview Park Drive, Suite 300, Falls Church, VA., 22042 ("CONTRACTOR").
7 WHEREAS, COUNTY desires to provide a turnkey inmate money-handling kiosk
8 service for the Fresno County Jail Facilities, and sought bids for the provision of such services by
9 issuing Request for Proposal ("RFP") 21-015;
10 WHEREAS, CONTRACTOR submitted a response to RFP 21-015, and was
11 determined to be the most responsible respondent for RFP 21-015; and
12 WHEREAS, COUNTY and CONTRACTOR desire to enter into this Agreement for an
13 inmate money-handling kiosk service, subject to the terms described herein.
14 WITNESS ETH:
15 1. OBLIGATIONS OF CONTRACTOR
16 CONTRACTOR shall provide the below listed equipment and services pursuant to the
17 tenns of RFP 21-015 and CONTRACTOR'S response to RFP 21-015, both of which are
18 incorporated herein by this reference. In the event of a conflict, the description in
19 CONTRACTOR'S response to RFP 21-015 shall control.
20 A. Installation and Maintenance of Inmate Money-Handling Kiosk Eq uipment
21 CONTRACTOR will be required to install and maintain a turnkey Inmate Money
22 Handling Kiosk system ("Kiosk") that automates initial deposits made at intake/booking, deposits
23 made by family and friends by several different methods, withdrawals from inmate accounts upon
24 inmate release from custody, self-bail, and withdrawals requested by inmate's family and friends,
25 and approved by the inmate of funds surrendered to COUNTY when entered into custody.
26 CONTRACTOR shall provide several options for placing money on an inmate's account, which
27 shall include, but are not limited to: making deposits in-person at lobby Kiosk, making deposits
28 via internet, utilizing a web-based portal, and making deposits over the telephone using an
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Interactive Voice Recognition (IVR). CONTRACTOR shall make daily deposits for the total
amount of money withdrawn from Kiosks, a web-based portal or IVR into the COUNTY's
Treasurer's account, as determined by COUNTY's Auditor-Controller/Treasurer-Tax Collector,
through Automated Clearing house (ACH) transaction. The ACH transactions shall be identified
by using the description "GTL deposit for Sheriff's Office."
The system will operate via interface in real time with COUNTY's Jail Inmate
Management Data System, in order to update inmate money balances when various deposit,
withdrawal, and purchase transactions are made, and shall have a variety of reporting
capabilities. This system shall operate at no cost to the County, and, only charging the fees
specified in Section 1 (E), herein, to the public, inmates' family, and inmates' friends.
i. CONTRACTOR will be required to install and maintain 7 Kiosks in the
following locations at no cost to the COUNTY.
Main Jail Pre-Booking Area (2) 1225 "M" Street, Fresno CA 93721
Main Jail Lobby (2) 1225 "M" Street, Fresno CA 93721
South Jail Lobby (1) 2280 Fresno St., Fresno CA 93721
South Jail Attorney Lobby (1) 2280 Fresno St., Fresno CA 93721
North Jail Lobby (1) 1265 "M" Street, Fresno CA 93721
Additionally, CONTRACTOR shall install one (1) automated teller machine
("ATM") in the Main Jail Lobby, located at 1225 "M" Street, Fresno CA 93721.
Additional locations may be required once the West Annex Jail opens, which
shall be located on the same County footprint/square as the Main and North Jail (the current
parking lot, or at other future needed locations).
The Main Jail pre-booking Kiosks {two Kiosks) shall be able to accept cash
deposits (dollars and change) for the purpose of putting inmate funds on the Main Jail's records
for each inmate. The Main Jail pre-booking Kiosks shall not dispense money. CONTRACTOR
shall establish procedures within 45 days of the Effective Date of th is Agreement to accept
Release Cards issued by Fresno County or other agencies that use the same vendor.
The COUNTY Contract Administrator may also request the CONTRACTOR
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1 to relocate or move Kiosks as necessary, or if other alternative locations become available, to
2 relieve congestion in the jail lobby and booking area. This will be accomplished at no cost to
3 COUNTY.
4 All Kiosks must meet American Disability Act (ADA) requirements.
5 ii. CONTRACTOR shall be responsible for the installation and all ongoing
6 maintenance of all inmate Kiosk system hardware and software at no cost to the COUNTY. All
7 repairs and issues arising after hours and on weekends shall be reported through the
8 CONTRACTOR'S after-hours repair service.
9 iii. CONTRACTOR shall provide 24-hour service and repair upon request to
1 O address critical malfunctions. A "critical Malfunction" is defined as any malfunction (hardware or
11 software) which does not allow for the acceptance of funds at Booking or release of full funds at
12 any Kiosk. CONTRACTOR shall respond to critical malfunctions as follows:
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b.
C.
Provide a 24-hour number for reporting malfunctions.
During normal business hours (M-F, 8 am-5 pm), respond
onsite within 45 minutes.
Outside of normal business hours, respond within 15 minutes
by phone and within 1 hour onsite from the time the 24-hour
number is notified of the malfunction.
19 iv. CONTRACTOR shall provide a preventative maintenance plan to ensure
20 that all Kiosks are fully operational at all times. CONTRACTOR'S technicians shall respond to all
21 requests for "non-critical malfunction'' service regarding Kiosks, including all hardware and
22 software, and promptly make appropriate repairs at no cost to COUNTY, within five (5) days. A
23 "non-critical" malfunction is defined as a malfunction of equipment which in and of itself does not
24 render a Kiosk inoperative from performing its essential functions (i.e. dispensing, receiving
25 funds, or properly recording funds).
26 v. At its own expense, CONTRACTOR agrees to provide any additional
27 equipment as needed, including, without limitation, cabling, wiring, and conduit as required for the
28 installation of additional Kiosks in all occupied detention facilities, and including any future
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facilities. COUNTY will provide internal power and data support stub-out within reasonable reach
of Kiosks. CONTRACTOR shall be responsible for connecting its equipment as necessary to
ensure its equipment operates pursuant to the terms of this Agreement.
vi. Because CONTRACTOR's technicians and subcontractors may be
entering secured areas of the facilities, and the Sheriff's Office maintains a NO HOSTAGE
POLICY, technicians and subcontractors must complete and satisfy all security background
clearance requirements as determined by the COUNTY in advance of beginning any work.
vii. CONTRACTOR shall designate one or more authorized
representatives who shall be the COUNTY'S point of contact. This person {s) shall have full
authority to bind CONTRACTOR with respect to all issues.
vm. CONTRACTOR shall bear all risk of loss of damage to the hardware.
1x. CONTRACTOR shall guarantee at all times that sufficient funding is
available for immediate release to inmates being released from custody and for other types of
money releases (bail, releases to friends and family, etc.).
B. Kiosk S pecifications
i. Each Kiosk must have a rugged design able to withstand harsh and
destructive environments, and must have a means of providing an emergency power back-up
power source with capacity of running up to 4 hours.
ii. Accept cash in $100, $50.00, $20.00, $10.00, $5.00, and $1.00 dollar,
and all other applicable denominations for the purpose of depositing funds into an inmate's
account, and for the purpose of bail. Intake Kiosks shall also accept coins.
a) A countertop terminal will be provided in intake for those inmates
who return to custody with a Release Card issued by COUNTY, or
other agencies that use the same vendor.
b) Kiosks may only charge service fees based on the rates set forth in
Section 1 {E), herein.
iii. Kiosks shall identify and reject any counterfeit money.
CONTRACTOR will assume all liability for any counterfeit money accepted.
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iv. Kiosks shall accept all major credit cards and debit cards (Visa,
MasterCard, American Express, Discover, and any recognized bank credit and debit cards).
v. There shall be no cost to the inmate when money is returned to them
upon their release from custody, or when an inmate elects to release funds surrendered to the
COUNTY when entered into custody to a person not in custody, for the inmate's first transaction.
Any additional release of funds to persons not in custody may incur a service fee up to the
amounts specified in Section 1 (E), herein.
vi. Kiosks must have a search system or capability that is able to find the
in-custody status of inmates by the identifying inmate Jail Identification number with automated,
self-service options. System shall perform updates to inmate account balances as transactions
are processed, and shall have a documented automated back-out process in the event an error is
made on a transaction. The system will not accept deposits if an inmate is out of custody.
vii. System must be available in English and Spanish, at a minimum.
Other languages shall be provided upon request by the COUNTY Contract Administrator. System
must also meet all ADA requirements.
viii. CONTRACTOR must provide an integrated, real-time payment
system for every transaction.
ix. CONTRACTOR will provide a real-time remote web-based reporting
system that will provide access only to its transactions for reporting purposes and will provide
access at the agency level, facility level, and inmate-transaction level to authorized personnel.
For security, the user management and authorization will be administered by the COUNTY and
will allow unlimited simultaneous users.
x. CONTRACTOR will guarantee accuracy of all deposits into the
system, and all payments out of the system. CONTRACTOR will be responsible for any
fraudulent or counterfeit currency that is accepted into the system. All fraudulent transactions that
are attempted will be reported to COUNTY at a pre-determined time period that COUNTY
Contract Administrator chooses.
xi. Both Lobby and Intake Kiosks will take a photo (JPEG) of each
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depositor that can be printed or emailed from the web-reporting system, and attach with each
standard transaction record.
xn. Intake Kiosks will be programmed to dispense a minimum of two (2)
traceable receipts for all transactions. Each receipt, at a minimum, will include the date, time,
inmate's name, Jail Identification number, and money amount. Depositors shall not have the
ability to see account balance.
C. l nmate Release/Funds
8 i. Funds returned to an individual upon release in the form of a debit
9 card shall be immediately available, and the individual shall be able to convert the card to cash at
10 no cost or fees. With every release card issued, the first point of sale transaction is free to the
11 cardholder, enabling them to obtain access to their funds at no cost or fees. CONTRACTOR will
12 provide, at no cost to COUNTY, an ATM Machine in the Main Jail Lobby that provides this
13 service. This ATM machine shall be in good working order at all times, in accordance with the
14 Kiosk maintenance requirements set forth in Section 1 (A), herein. CONTRACTOR's Kiosk
15 Toppers will be programmed to display the nearest location(s) to use the release card at no cost,
16 and any other infonnation as requested by the COUNTY.
17 ii, Services fees may only be assessed if the inmate being released from
18 the facility takes the debit card instead of cashing out the debit card in the lobby at the ATM/kiosk.
19 Service fees shall not exceed the amounts specified in Section (1 )(E), herein.
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b.
If an inmate is released with funds over $300, they may fill out
a form to have a check mailed to them for the entire amount,
with no fees incurred, or
They may elect to take the $300 from the ATM/Kiosk and incur
24 a service fee on the remaining balance only after 7 days
25 following the initial withdrawal.
26 iii. Upon release, the debit card will not incur account maintenance fees
27 (no vendor fees) until 7 days after activation.
28 D. Additional System Specifications
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,. CONTRACTOR shall provide several options for placing money in an
inmate's account. Minimum options include the lobby Kiosks, deposit via the internet utilizing a
web-based portal, or over the telephone using Interactive Voice Recognition (IVR).
ii. There will be no costs or fees associated with the initial cash funds
that are deposited to the inmate's trust account at the time of booking.
iii. CONTRACTOR will be responsible for all interface costs with
Motorola. The cost per interface is $15,500.
iv.
a. Interface fees may be assessed with additional platforms, such
as phone systems, commissary system, etc. as COUNTY
moves towards an integrated electronic system (PC web based
and/or Android based systems).
CONTRACTOR shall bear all risk of damage to Kiosks, and any loss
13 associated with counterfeit monies.
14 v. COUNTY makes no representation regarding the number of inmates
15 who will be housed in its Jail Facilities during the duration of this Agreement, nor does COUNTY
16 make any representations regarding the number of transactions that will occur on the Kiosks
17 during the term of this Agreement. CONTRACTOR understands and agrees that the number of
18 inmates housed in the COU NTY's Jail Facilities may increase or decrease during the duration of
19 this Agreement. CONTRACTOR understands and agrees that increases or decreases in the
20 number of inmates housed in the Jail Facilities during the duration of this Agreement do not
21 relieve the CONTRACTOR of any of its obligations under this Agreement.
22 vi. CONTRACTOR shall provide any needed training to COUNTY staff at
23 no charge to the COUNTY, and information flyers or posters to the public, to outside agencies for
24 initial training upon installation and start-up, and additional instruction on an as-needed basis
25 thereafter.
26 vii. CONTRACTOR shall provide written customer service escalation and
27 resolution procedures to the COUNTY Contract Administrator. Customers utilizing telephonic
28 deposit methods shall be advised of the expected length of wait time, which should be no more
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than 5 minutes. Upon request, CONTRACTOR shall supply a report to COUNTY documenting
service wait times. Customers utilizing Internet deposit services shall be provided printable,
electronic verification receipts.
viii. CONTRACTOR shall be responsible for all cash collection and bank
transactions associated with the Kiosks.
ix. CONTRACTOR may propose additional methods or ideas not
covered in this Agreement (e.g. new technology, additional deposit methods etc.) COUNTY shall
consider these ideas based on their feasibility, cost, and the impact it would have on facility
operations. No changes shall be made to the terms of this Agreement except by formal
amendment, approved and executed by COUNTY and CONTRACTOR.
x. CONTRACTOR shall provide a method of creating reports by inmate
or multiple inmates for the purpose of investigation(s) by COUNTY, which shall have full audit
capabilities.
xi. CONTRACTOR shall maintain complete and accurate records with
respect to the services rendered and the cost incurred. All records shall be prepared in
accordance with generally accepted accounting procedures, shall be clearly identified, and shall
be kept readily accessible at all time by COUNTY.
xii. Upon request, CONTRACTOR shall make such records available to
COUNTY, and maintain these records for a period of seven (7) years from contract termination.
xiii. CONTRACTOR shall immediately refer all requests for records, made
pursuant to the Public Records Act (Government Code section 6250 et. seq.), to the Sheriff's
Office, and provide support for COUNTY to comply with Government Code sections 26640, et.
seq.
xiv. CONTRACTOR shall clearly publish all user fees associated with
revenue generation, including Kiosk and remote load fees, which fees are described in Section
1 (E), herein.
xv. CONTRACTOR shall comply with all applicable federal, state, and
local laws, rules, regulations, and ordinances.
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E. TRANSACTION COSTS AND FEES
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V.
Booking/Intake Kiosk -NO COST
Release of Funds to Inmate-NO COST
Release of Funds to Third Party-NO COST
Inmate Commissary Purchases -NO COST
Trust/Commissary -For cash, credit/debtt card, and ACH
7 (Automated Clearing House) transactions onto an inmate's account for Trust
8 Commissary Deposits,
9 CONTRACTOR shall charge the individual depositing funds a base fee as follows:
10 Booking/Intake:
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Booking/Intake Deposits
Any Amount
15 Release of funds to a third party:
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Release of Funds to a Third Party
1 st Transaction
After 1st Transaction
Inmate release from custod y:
Inmate Release/Transfer
Any Amount
Trust/Commissary Deposits:
Cash Deposits:
Transaction Fee
No Cost
Transaction Fee
No Cost
$2.95 additional ATM surcharge fee may apply. Avoid
surcharge at MoneyPass A TMs
Transaction Fee
No Cost
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Deposit Amount
$0.00 -$20.00
$20.01 -$100.00
$100.01 -$300.00
Additional/Optional Fees•
N/A
NIA
Credit/Debit Deposits:
Deposit Amount
$0.00 -$20.00
$20.01 -$100.00
$100.01 -$300.00
Additional/Optional Fees*
NIA
N/A
Other Deposits (Legacy Phone):
Deposit Amount
$0.00 -$20.00
Lobby Kiosk
$2.95
$4.45
$5.95
N/A
N/A
Lobby Kiosk
$2.95 + 3.5%
$4.45 + 3.5%
$5.95 + 3.5%
NIA
N/A
Lobby Kiosk
$3.00
Telephone (IVR) Online/Internet
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
Telephone (IVR) Online/Internet
$2.95 + 3.5% $2.95 + 3.5%
$4.45 + 3.5% $4.45 + 3.5%
$5.95 + 3.5% $5.95 + 3.5%
N/A N/A
N/A N/A
Telephone (IVR) Online/Internet
$3.00 + 3.5% $3.00 + 3.5%
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$20.01 -$100.00 $5.00 $5.00 + 3.5% $5.00 + 3.5%
$100.01 -$300.00 $6.00 $6.00 + 3.5% $6.00 + 3.5%
Bail Deeosits:
Cash Deposits:
Deposit Amount Lobby Kiosk Telephone (IVR) Online/Internet
$0.00-$100.00 $3.00 NIA N/A
$100.01-$200.00 $5.00 per $100 NIA N/A
$200.01-Max $5.00 per $100.00 N/A N/A
Credit/Debit Deposits: Bail
Deposit Amount Lobby Kiosk Telephone (IVR) 0 nline/1 nternet
$0.00 -$100. 00 $3.00 +6.5% $3.00 + 6.5% $3.00 + 6.5%
$100.01 -$200.00 $5.00 + 6.5% $5.00 + 6.5% $5.00 + 6.5%
$200.01 -Max $5.00 + 6.5% $5.00 + 6.5% $5.00 + 6.5%
F. REMOVAL OF EQUIPMENT
Upon the expiration or termination of this Agreement, CONTRACTOR, at n 0
cost to COUNTY, shall remove any and all equipment installed by CONTRACTOR. In the event
that the removal of CONTRACTOR's equipment causes damage to COUNTY property,
CONTRACTOR shall promptly repair such damage to the satisfaction of COUNTY.
G. NO HOSTAGE POLICY
CONTRACTOR shall advise its personnel/interns of the possibility that a
hostage-taking incident could occur at any time at the correctional facilities, and shall infom, its
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1 personnel of the "No Hostage" policy, attached as "Exhibit B," and incorporated by this reference,
2 which generally means that there will be no bargaining for the release of hostages in exchange for
3 the release of incarcerated persons.
4 H. PRISON RAPE ELIMINATION ACT
5 CONTRACTOR shall comply with all Prison Rape Elimination Act (PREA) (42 U.S.C. §
6 15601et seq.) standards for correctional facilities. COUNTY's PREA policy is attached as
7 Exhibit C, and incorporated by this reference.
8 2. OBLIGATIONS OF THE COUNTY
9 A. COUNTY grants CONTRACTOR authorization to install and maintain a
10 turnkey Inmate Money Handling Kiosk system for automated initial deposits made at
11 intake/booking, deposits made by family and friends by several different methods, withdrawals
12 from inmate accounts by inmate upon inmate release from custody, self-bail, and withdrawals of
13 funds surrendered to the COUNTY when an inmate is taken into custody as requested by an
14 inmate's family and friends, as approved by the inmate in writing.
15 B. COUNTY shall provide power and internet access to all Kiosks installed in
16 the facilities at no cost to CONTRACTOR.
17 C. COUNTY shall provide CONTRACTOR, its officers agents or contractors,
18 reasonable access to the Inmate Money Handling Kiosks to perlorm routine inspections and
19 make necessary repairs, subject to COUNTY's security procedures described herein.
20 D. COUNTY agrees that all products, software, and hardware located at the
21 COUNTY'S facilities by CONTRACTOR pursuant to this Agreement shall at all times remain the
22 property of CONTRACTOR.
23 E. COUNTY shall pre-fund an account designated by CONTRACTOR with
24 thirty-five thousand dollars ($35,000.00). Such money shall come from COUNTY'S Inmate Trust
25 Fund. This account shall be used by CONTRACTOR solely for issuing debit cards to released
26 inmates. CONTRACTOR shall maintain this account as a reserve and, on every Monday, provide
27 COUNTY with a weekly summary of the activity of the account that shall include, but not be
28 limited to, the account balance, the number of withdrawals and total dollar amount of said
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1 withdrawals, and details for each withdrawal. Based on the weekly summary report, COUNTY will
2 replenish the prefund account with the total dollar amount of withdrawals made by
3 CONTRACTOR from the previous week. COUNTY shall have the right to inspect and review the
4 account at any time for any reason. Within 30 days of termination of this Agreement,
5 CONTRACTOR shall refund the remaining balance of the account to COUNTY. CONTRACTOR
6 shall be liable for any portion of the thirty-five thousand dollar ($35,000) prefund deposit not
7 refunded to COUNTY, and shall refund such funds to COUNTY within 30 days.
8 F. COUNTY will appoint a Contract Administrator. The Contract Administrator will
9 be the Jail Medical & Services Bureau Captain.
10 3. TERM
11 This Agreement shall become effective on May 1, 2021 ("Effective Date"), and
12 shall terminate on April 30, 2024. This Agreement shall automatically be extended for one
13 additional twelve (12) month period, upon the same tenns and conditions herein set forth, unless
14 written notice of non-renewal is given by either of the Parties to the other Party no later than 45
15 days prior to the termination date. After this Agreement is renewed for the optional fourth year, the
16 Agreement shall again be automatically extended for one additional twelve (12) month period, and
17 shall terminate on April 30, 2026 upon the same terms and conditions herein set forth, unless
18 written notice of non-renewal is given by either of the Parties to the other Party no later than 45
19 days prior to the tennination date.
20 4. TERMINATION
21 A. Non-Allocation of Funds -The terms of this Agreement, and the services to
22 be provided thereunder, are contingent on the approval of funds by the appropriating government
23 agency. Should sufficient funds not be allocated, the services provided may be modified, or this
24 Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written
25 notice.
26 B. Breach of Contract-The COUNTY may immediately suspend or terminate
27 this agreement in whole or in part, where in the determination of the COUNTY there is:
28 1. An illegal or improper use of funds;
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2.
3.
A failure to comply with any term of this Agreement
A substantially incorrect or incomplete report submitted to the
COUNTY;
4. Improperly perfonned service.
C. Without Cause -Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written
notice of an intention to terminate to CONTRACTOR.
5. COMPENSATION/INVOICING: There will be no compensation paid to
CONTRACTOR by the COUNTY. There will be no revenue share to COUNTY on
1 O Trust/Commissary or Canned Messaging transactions. CONTRACTOR's sole consideration for
11 performing under this Agreement shall be the fees collected pursuant to Section 1 (E), herein,
12 which are agreed by both parties to be adequate conslderation for CONTRACTOR's performance
13 under this Agreement. It is understood that all expenses incidental to CONTRACTOR'S
14 performance of services under this Agreement shall be borne by CONTRACTOR.
15 6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
16 assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
17 CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, subcontractors,
18 and employees will at all times be acting and perfonning as an independent contractor, and shall
19 act in an independent capacity and not as an officer, agent, servant, employee, joint venturer,
20 partner, or associate of the COUNTY. Furthermore, COUNTY shall have no right to control or
21 supervise or direct the manner or method by which CONTRACTOR shall perform its work and
22 function. However, COUNTY shall retain the right to administer this Agreement so as to verify that
23 CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
24 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and
25 the rules and regulations, if any, of governmental authorities having jurisdiction over matters the
26 subject thereof.
27 Because of its status as an independent contractor, CONTRACTOR shall have
28 absolutely no right to employment rights and benefits available to COUNTY employees.
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1 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its
2 employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely
3 responsible and save COUNTY harmless from all matters relating to payment of
4 CONTRACTOR'S employees, including compliance with Social Security withholding and all other
5 regulations governing such matters. It is acknowledged that during the term of this Agreement,
6 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this
7 Agreement.
8 7. MODIFICATION: Any matters of this Agreement may be modified from time to time
9 by the written consent of all the parties without, in any way, affecting the remainder.
10 8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this
11 Agreement nor their rights or duties under this Agreement without the prior written consent of the
12 other party, with the exception of the subcontractor described in Section 9, herein.
13 9. SUBCONTRACTORS: Notwithstanding the provisions of SECTION 8,
14 "NON-ASSIGNMENT," of this Agreement, the parties agree that CONTRACTOR may
15 sub-contract with Stored Value Cards, Inc., d/b/a Numi Financial, a California
16 corporation, whose place of business is 1901 Camino Vida Roble, Suite #100 Carlsbad, Ca
17 92008 ("Numi Financial"); Numi Financial which will provide Prestige Prepaid MasterCard
18 Program services that CONTRACTOR must provide to this Agreement. Specifically, Numi
19 Financial shall issue the debit cards released to inmates discussed under Section 1 (C)(I), of this
20 Agreement. COUNTY shall not be responsible for making payments to Numi Financial for any
21 costs incurred in performance of these services. CONTRACTOR shall be responsible for ensuring
22 Numi Financial maintains in full force and effect, at all times it provides services, the insurance
23 policies or a program of self-insurance as set forth in Section 11, "INSURANCE," of this
24 Agreement. CONTRACTOR shall be responsible for ensuring that performance of services by
25 Numi Financial conforms to the terms of this Agreement, and agrees that any performance by
26 Numi Financial shall not release CONTRACTOR from any of CONTRACTOR's responsibilities
27 under this Agreement.
28 10. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and
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1 at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all
2 costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses
3 occurring or resulting to COUNTY in connection with the performance, or failure to perform, by
4 CONTRACTOR, its officers, agents, subcontractors, or employees under this Agreement, and
5 from any and all costs and expenses {including attorney's fees and costs), damages, liabilities,
6 claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or
7 damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents,
8 subcontractors, or employees under this Agreement.
9 The provisions of this Section 10 shall survive termination of this Agreement.
10 11. INSURANCE
11 Without limiting the COUNTY's right to obtain indemnification from
12 CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full
13 force and effect, the following insurance policies or a program of self-insurance throughout the
14 term of the Agreement
15 A. Commercial General Liability
16 Commercial General Liability Insurance with limits of not less than Two
17 Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars
18 ($4,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require
19 specific coverages including completed operations, products liability, contractual liability,
20 Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed
21 necessary because of the nature of this contract.
22 B. Automobile Liability
23 Comprehensive Automobile Liability Insurance with limits of not less than
24 One Million Dollars {$1,000,000.00) per accident for bodily injury and for property damages.
25 Coverage should any auto insurance any auto used in connection with this Agreement.
26 C. Professional Liability
27 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N.,
28 L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
16
1 than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)
2 annual aggregate. CONTRACTOR agrees that it shall maintain, at its sole expense, in full force
3 and effect for a period of three (3) years following the termination of this Agreement, one or more
4 policies of professional liability insurance with limits of coverage as specified herein.
5 D. Worker's Compensation
6 A policy of Worker's Compensation insurance as may be required by the
7 California Labor Code.
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9 E. Fidelity Bond/Crime Bond/Crime Insurance
10 CONTRACTOR shall maintain during the term of this agreement a Fidelity
11 Bond or Crime Bond/Insurance naming COUNTY as obligee or additional insured. The Bond is to
12 be not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00). The issuing Surety shall
13 be licensed to conduct business in the State of California, and be acceptable to either the Sheriff
14 or her/his designee or, the County's Risk manager.
15 CONTRACTOR shall obtain endorsements to the Commercial General
16 Liability insurance naming the County of Fresno, its officers, agents, and employees, individually
17 and collectively, as additional insured, but only insofar as the operations under this Agreement are
18 concerned. Such coverage for additional insured shall apply as primary insurance and any other
19 insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be
20 excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
21 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
22 written notice given to COUNTY.
23 CONTRACTOR hereby waives its right to recover from COUNTY, its officers,
24 agents, and employees any amounts paid by the policy of worker's compensation insurance
25 required by this Agreement. CONTRACTOR is solely responsible to obtain any endorsement to
26 such policy that may be necessary to accomplish such waiver of subrogation, but
27 CONTRACTOR's waiver of subrogation under this paragraph is effective whether or not
28 CONTRACTOR obtains such an endorsement.
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1 Within Thirty (30) days from the date CONTRACTOR signs and executes this
2 Agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated
3 above for all of the foregoing policies, as required herein, to the County of Fresno, Jail Programs &
4 Services Bureau Captain, 2200 Fresno Street, Fresno, California 93721, stating that such
5 insurance coverage have been obtained and are in full force; that the County of Fresno, its
6 officers, agents and employees will not be responsible for any premiums on the policies; that for
7 such worker's compensation insurance the CONTRACTOR has waived its right to recover from
8 the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy
9 and that waiver does not invalidate the insurance policy; that such Commercial General Liability
10 insurance names the County of Fresno, its officers, agents and employees, individually and
11 collectively, as additional insured, but only insofar as the operations under this Agreement are
12 concerned; that such coverage for additional insured shall apply as primary insurance and any
13 other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees,
14 shall be excess only and not contributing with insurance provided under CONTRACTOR's policies
15 herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)
16 days advance. written notice given to COUNTY.
17 In the event CONTRACTOR fails to keep in effect at all times insurance
18 coverage as herein provided, the COUNTY may, in addition to other remedies it may have,
19 suspend or terminate this Agreement upon the occurrence of such event.
20 All policies shall be issued by admitted insurers licensed to do business in the
21 State of California, and such insurance shall be purchased from companies possessing a current
22 A.M. Best, Inc. rating of A FSC VII or better.
23 F. Cy ber Liability
24 Cyber Liability Insurance, with limits not less than $2,000,000 per
25 occurrence or claim, $2,000,000 annual aggregate. Coverage shall be sufficiently broad to
26 respond to the duties and obligations as is undertaken by the CONTRACTOR in the Agreement
27 and shall include, but not be limited to, claims involving infringement of intellectual property,
28 including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy
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1 violations, information theft, damage to or destruction of electronic information, release of
2 private information, alteration of electronic information, extortion and network security. The
3 policy shall provide coverage for breach response costs as well as regulatory fines and
4 penalties as well as credit monitoring expenses with limits sufficient to respond to these
5 obligations.
6 For purpose of the cyber liability insurance required under this Agreement,
7 "cyber risks" include, but are not limited to; (i) security breaches, which include disclosure of,
8 whether intentional or unintentional, information provided by the COUNTY, Personal
9 Information, information provided by or obtained from any inmate, or personal-identifying
10 information relating to any inmate, to an authorized third party; (ii) breach of any of the
11 CONTRACTOR's obligations under this Agreement relating to data security, protection,
12 preservation, usage, storage, transmission, and the like; {iii) infringement of intellectual property
13 including, but not limited to, infringement of copyright, trademark and trade dress; (iv) invasion
14 of privacy, including any release of private information; (v) information theft by any person or
15 entity, whatsoever; (vi) damage to or destruction or alteration of electronic information; (vii)
16 extortion related to the CONTRACTOR'S obligations under this Agreement regarding electronic
17 information, including information provided by the COUNTY, information provided by or
18 obtained from any inmate, Personal Information, or personal-identifying information relating to
19 any inmate; (viii) network security; {ix) data breach response costs, including security breach
20 response costs; (x) regulatory fines and penalties related to the CONTRACTOR's obligations
21 under this Agreement regarding electronic information, including information provided by the
22 COUNTY, information relating to any inmate; and (xi) credit monitoring expenses.
23 12. AUDITS AND INSPECTIONS:
24 CONTRACTOR shall at any time during business hours, and as often as the
25 COUNTY may deem necessary, make available to the COUNTY for examination all of its records
26 and data with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon
27 request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
28 necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
19
1 If this Agreement exceeds ten thousand dollars ($10,000.00),
2 CONTRACTOR shall be subject to the examination and audit of the California State Auditor for a
3 period of three (3) years after final payment under contract (Government Code Section 8546.7).
4
5 13. NOTICES:
6 The persons and their addresses having authority to give and receive notices
7 under this Agreement include the following:
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COUNTY
COUNTY OF FRESNO SHERIFF
2200 Fresno Street
Fresno, CA 93721
Attention; Business Manager
CONTRACTOR
Global Tel*Link Corporation
3120 Fairview Dr. Suite 300
Falls Church, Va. 22042
Attention: Alicia Freeman, VP
Contracts and Procurement
All notices between the COUNTY and the CONTRACTOR provided for or
permitted under this Agreement must be in writing and delivered either by personal service, by
first-class United States mail, by an overnight commercial courier service, or by telephonic
facsimile transmission. A notice delivered by personal service is effective upon service to the
recipient. A notice delivered by first-class United States mail is effective three COUNTY business
17 days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice
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delivered by an overnight commercial courier service is effective one COUNTY business day after
deposit with the overnight commercial courier service, delivery fees prepaid, with delivery
instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such
transmission is completed outside of COUNTY business hours, then such delivery shall be
deemed to be effective at the next beginning of a COUNTY business day), provided that the
sender maintains a machine record of the completed transmission. For all claims arising out of or
related to this Agreement, nothing in this section establishes, waives, or modifies any claims
presentation requirements or procedures provided by law, including but not limited to the
Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section
810).
20
1 14. CONTRACTOR'S AGENT FOR SERVICE OF PROCESS: CONTRACTOR
2 represents to COUNTY that CONTRACTOR's agent for service of process, and its address, in
3 the State of California is: Steven Pickett, lncorp Services, Inc. 5716 Corsa Ave. Suite 110,
4 Westlake Village, CA 91362, provided however, if CONTRACTOR at any time changes its agent
5 for service of process, and/or its address, CONTRACTOR shall immediately provide written
6 notice to COUNTY of the name and address of CONTRACTOR's new agent for service of
7 process in the State of California, and its address, which shall be in the State of California.
8 15. CONSISTENT FEDERAL INCOME TAX POSITION: CONTRACTOR
9 acknowledges that the Jail facilities referred to herein have been acquired, constructed, and/or
10 improved using net proceeds of governmental tax-exempt bonds (collectively, "Bond-Financed
11 Facilities"). CONTRACTOR agrees that, with respect to this Agreement and the Bond
12 Financed Facilities, CONTRACTOR is not entitled to take, and shall not take, any position
13 (also known as a "tax position") with the Internal Revenue Service ("IRS") that is inconsistent
14 with being a "service provider" to the COUNTY, as a "qualified user" with respect to the Bond-
15 Financed Facilities, as "managed property," as all of those terms are used in Internal Revenue
16 Service Revenue Procedure 2017-13, and to that end, for example, and not as a limitation,
17 CONTRACTOR agrees that CONTRACTOR shall not, in connection with any federal income
18 tax return that it files with the IRS or any other statement or information that it provides to the
19 IRS, (a) claim ownership, or that it is a lessee, of any portion of the Bond Financed Facilities,
20 or (b) claim any depreciation or amortization deduction, investment tax credit, or deduction for
21 any payment as rent with respect to the Bond-Financed Facilities.
22 16. DISCLOSURE OF SELF-DEALING TRANSACTIONS: This provision is only
23 applicable if CONTRACTOR is operating as a corporation (a for-profit or non-profit corporation) or
24 if during the term of this Agreement, the CONTRACTOR changes its status to operate as a
25 corporation.
26 Members of CONTRACTOR's Board of Directors shall disclose any self-dealing
27 transactions that they are a party to while CONTRACTOR is providing goods or performing
28 services under this agreement. A self-dealing transaction shall mean a transaction to which the
21
1 CONTRACTOR is a party and in which one or more of its directors has a material financial
2 interest. Members of CONTRACTOR'S Board of Directors shall disclose any self-dealing
3 transactions that they are a party to by completing and signing a Self-Dealing Transaction
4 Disclosure Form (Exhibit A, and revised and/or resubmitted to the COUNTY prior to commencing
5 with any self-dealing transaction or immediately thereafter).
6 17. GOVERNING LAW:
7 Venue for any action arising out of or related to this Agreement shall only be in
8 Fresno County, California. The rights and obligations of the parties and all interpretation and
9 performance of this Agreement shall be governed in all respects by the laws of the State of
10 California.
11 18. ENTIRE AGREEMENT:
12 This Agreement constitutes the entire agreement between the
13 CONTRACTOR and COUNTY with respect to the subject matter hereof, and supersedes all
14 previous Agreement negotiations, proposals, commitments, writings, advertisements,
15 publications, and understanding of any nature whatsoever unless expressly included in this
16 Agreement. In the event of any inconsistency in interpreting the documents which constitute this
17 Agreement, the inconsistency shall be resolved by giving precedence in the following order of
18 priority: (1) the text of this Agreement (excluding the County's RFP No. 21-015; and the
19 CONTRACTOR'S Proposal in response thereto}; {2} the CONTRACTOR'S proposal made in
20 response to COUNTY'S RFP NO. 21-015; and (3) the COUNTY'S RFP No. 21-015.
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3 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and
4 year first hereinabove written.
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6 CONTRACTOR
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8 (Authorized Signature)
g ttli .
10 Print Name & Title
11 »v . ~\.M \t-i 6D
12 V t1' J..-.~1-
Ste Je Brandau , Chairman of the Board
of Supervisors of the County of Fresno
13 Mailing Address ATTEST:
14 Bernice E. Seidel
15 Clerk of the Board of Supervisors
16 County of Fresno , State of California
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23 FOR ACCOUNTING USE ONLY :
24 Fund: 2250
25 Subc~ss:33410
26 ORG : No Org #
27 Account: 1450
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By : d'~ Deputy~
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Exhibit "A"
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members
of a contractor's board of directors (hereinafter referred to as "County CONTRACTOR"), must
disclose any self-dealing transactions that they are a party to white providing goods, performing
services, or both tor the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions
of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
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{1) Company Board Member Information:
Name: Date:
Job
(2) Company/Agency Name and Address:
(3} Disclosure {Please describe the nature of the self-dealing transaction you are a party
(4) Explain why this self~dealing transaction is consistent with the requirements of
(5 l Authorized Si anature
Signature: I I Date: I
25
"Exhibil B"
FRESNO COUNTY SHERIFF-CORONER'S OFFICE
No Hostage Acknowledgment
You are requesting permission to enter a no hostage facility. It is the policy of the Fresno
County Sheriff-Coroner's Office that employees will not recognize hostages for bargaining
purposes or permit inmates or others to use hostages to escape from custody. This policy will
be applied in all cases without regard to the sex, age, or employment status of any hostage.
It is the policy of the Fresno County Sheriff-Coroner's Office that all persons entering this facility
may be subject to search.
The undersigned acknowledges that working or performing any activities within the Fresno
County Sheriff-Coroner's Jail facilities can be dangerous. The dangers include the risk of
personal injury and the damage to personal property. It is understood that the Fresno County
Sheriff-Coroner's Office maintains a NO HOSTAGE FACILITY.
SIGNATURE IN FULl
"ExhibitC"
f RES NO COUNTY SHERIFF'S OFFICE
POLICY ACKNOWLEDGEMENT
#D-360 -SEXUAL MISCONDUCT AND ABUSE
As part of the National Standards to Prevent, Detect, and Respond to Prison Rape, the Sheriffs Office is required
to ensure that all employees, contractors, and volunteers who have contact with inmates are aware of their
responsibilities under the Sheriffs Office sexual abuse prevention, detection, and response policy and procedure.
ZERO-TOLERANCE
The Fresno County Sheriffs Office maintains a ZERO-TOLERANCE policy regarding sexual abuse and sexual
harassment, Not only does this include inmate-on-inmate sexual assault, but· also sexual abuse, sexual
misconduct, and sexual harassment of an inmate by a staff member, contractor, or volunteer. Definitions of each
are provided under Section I of the policy.
SEXUAL ABUSE -IMMEDIATE RESPONSE
If the inmate was sexually abused within a time period that still allows for the collection of physical evidence,
request that the victim not take any actions that could destroy the evidence (e.g., showering, brushing teeth,
changing clothes, using the restroom, eating, drinking), and then immediately notify correctional staff.
REPORTING ALLEGATIONS
An inmate may report sexual abuse* to any employee, volunteer, or contractor. If the inmate reports the sexual
abuse to you, you are required to immediately notify your supervisor and report the information to the on-duty Jail
Watch Commander (600--8440) .
.. Inmates may report any aspect of s.exual abuse, sexual misconduct, and sexual harassment; retaliation by other inmates or staff for reporting seX1Jal
abuse and sexual harassment; and staff neglect or violation of responsibilities that may have contributed to an incident of sexual abuse.
Any allegation is a very serious situation and shall be treated with discretion and confidentiality. Apart from
reporting to your supervisor and the Jail Watch Commander, do not reveal any information related to the sexual
abuse to anyone other than those who "need to know" (i.e., those who need to make treatment, investigation, and
other security and management decisions).
SENSITIVITY
Victims of sexual abuse may be seriously traumatized both physically and mentally. You are expected to be
sensitive to the inmate during your interactions with him/her.
SEXUAL DISORDERLY CONDUCT
By choosing to work in a jail environment, you have accepted the possibility that you may face inappropriate and
socially deviant behavior. While it is not possible to stop all obscene comments and conduct by inmates, neither
shall it be accepted; acts of indecent exposure, sexual disorderly conduct and exhibitionist masturbation will not be
tolerated. Any inmate who engages in indecent exposure or sexual disorderly conduct shall be reported
immediately to correctional staff, with a follow-up advisement to your supervisor.
Sexually hostile conduct shalt not be ignored.
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION
P O LI CY ACKN OWLE DG EMENT
#D-360 -SEXUAL M ISCONDUCT AND ABUSE
l hereby acknowledge that I received a copy of the Sexual Misconduct and Abuse policy for the Jail Division of the
Fresno County Sheriff's Office and that I have read it, understand its meaning, and agree to conduct myself in
accordance with it.
Signed: Date:
Print Name:
Name of Employer: --------------------------
Name of Supervisor: --------------------------