HomeMy WebLinkAboutResolution No. 2010-083
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010- 0!~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN INMATE TELEPHONE SYSTEM
AGREEMENT BETWEEN THE CITY OF THE COLONY AND
LEGACY INMATE COMMUNICATIONS FOR THE PURPOSE OF
PROVIDING TELEPHONE SERVICE IN THE CITY JAIL,
WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHBIT A; PROVIDING AN EFFECTIVE DATE
WHEREAS, The City of The Colony City Council has determined it to be in the
city's best interest to enter into an agreement for telephone service in the city's jail; and,
WHEREAS, upon review the City Council has determined that Legacy Inmate
Communications has offered the most desirable system; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the city manager to execute an agreement with Legacy Inmate
Communications for the purpose of providing telephone service in the city jail which is
attached hereto and incorporated herein as Exhibit A.
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 21st day of September, 2010.
Joe MCCourI , Mayor
City of The Colony, Texas
AT~EST ~~err_F,z
Christie Wilson, TRMC, City Secretary '
APPROVED AS TO FORM:
~t
`Jeff Mom; City Attorney
[NMATE
C 6 M" M U K I C A T C a K S
inmate Telephone Systern Agreement
This Agreement is made this the (day of , 2010, by and
between Legacy Inmate Communications a dba of Legacy International, Inc. ("Legacy"
or "the Company°) with principal offices at 10633 Valley View Street - Suite 150,
Cypress, CA. 90630 and the City of The Colony with principal offices located at 6800
Bain Street, The Colony, 75056-1133.
RECITALS
WHEREAS, Legacy will install and maintain the Inmate Communications Operating
System - iCON'. iCON_ is a complete turnkey Inmate Calling Network with
investigative, technical, and administrative communication features; and
WHEREAS, Legacy will provide and maintain for the life of this Agreement new inmate
telephones to be installed at the City of The Colony Polioe Dgpartment located at
5151 North Colony Blvd., The Colony9 TX 75056-1133; and
WHEREAS, the Company is in the business of providing various inmate communication
services, operator assisted telecommunication services; and
WHEREAS, the City of The Colony. operates and/or manages a correctional
facility/detention center; and
WHEREAS, the City gf The Colony. desires to enter into this Agreement in order to
permit Inmates/Detainees the use of company installed telephones to place collect,
collect pre-paid, and/or Debit calls via Legacy inmate phone system - iCON-; now
THEREFORE, in consideration of the premises and of the mutual covenants and
agreements contained herein, the parties do hereby contract and agree as follows:
1. SERVICES PROVIDED BY LEGACY
1.1 Services.
(a) Collect Calls. To the extent consistent with applicable federal and state laws,
rules and regulations, Legacy agrees to provide, and the City of The Colony
hereby agrees to accept the provision of operator services with automated
assistance for the City of The Colony Police Deraartrnent. Each operator
service call originating from the telephones and placed through the Company
may be charged "collect" to pre-approved destinations. Legacy will validate
each call through the national Line Information Database (LIDS) and will only
process "collect" calls to destination points that do not have registered blocks.
Calls shall only be billed upon "acceptance" by the destined party. Legacy
shall notify each called destination that the call is coming from a Correctional
Center, announce the name of the "caller/inmate", provide an option to
access rate information, and allow for acceptance or denial of the call.
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(b) Pre-Paid "Collect" Service. Legacy agrees to provide pre-paid collect service
as needed. The company will provide a toll-free access number for friends
and family to call to set up prepaid "collect" service accounts. The Company
shall also provide access to an internet-based website where prepaid
services can be ordered. Legacy shall also provide its "Friends and Family"
program.
(c) Inmate Phones. The Company agrees to provide the inmate phones for the
entire period of this agreement. Including adding additional phones as
needed and requested by the City of The Colony.
(d) Communications Management System (iCON'). The Company agrees to
provide access to its inmate communications management system - iCON_.
iCON- shall provide the City of The Colony Police Department with the
ability to record and store all inmate calls, live monitor inmate calls, detail
reporting of call traffic, and all other options and services offered in the
Company's proposal for inmate Telephone Services.
(e) Time is of the Essence. All service offerings shall be considered null and
void sixty (60) days after the City of The Colony's receipt of the Company's
proposal.
2. COMPENSATION
2.1 Commissions. The Company agrees to pay the City of The Colony, the
contracted percentage allowance of all billed and collected automated "collect"
operator service traffic and prepaid "collect" service.
2.2 Payment. The Company shall remit all due commissions to the City of The
Colony fifteen (15) days after the end of each calender month (EOM).
2.3 Payment Calculation. Gross billable revenue is calculated as the sum of minutes
and charges. Commission due to the City of The Colony shall be calculated as
the product of the total gross billable revenue multiplied by the contracted
percentage allowance.
3. COMPLIANCE WITH LAW
3.1 Compliance with Law. Legacy shall comply with all laws, rules and regulations
affecting its obligations in conjunction with the provision of the including, without
limitation, those relating to provision of information to End Users regarding
operator services.
46. TERMINATION AND CANCELLATION
4.1 Term. This agreement shall commence on the date of installation of Legacy's
services and shall continue in full force and effect for a period of one (1) year.
4.2 Renewal Options. Upon completion of the one (1) year term, the City of The
Colony, at its own discretion, may exercise an option to renew the terms of this
agreement, for a period of four (4) additional one (1) year terms. City of The
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Colony Police Department will provide Legacy with sixty (60) day notice of its
intent to renew the Agreement. All terms and conditions shall remain in effect
during the subsequent renewal periods.
5. MISCELLANEOUS
5.1 Governing Law. This Agreement shall be construed under and in accordance
with the laws of the State of South Carolina and shall be deemed performable in
the City of The Colony, Texas.
5.2 Assignment. Notwithstanding the foregoing, neither the City of The Colony nor
Legacy may assign their rights and obligations under this Agreement without the
prior written consent of the other, which consent shall not be unreasonably
withheld.
5.3 Enforceability. The invalidity or enforceability of any provision of this Agreement
shall not affect the validity or enforceability of any other provisions hereof.
5.4 Notice. Notice shall be deemed to have been received upon receipt of a
postage-prepaid letter or telephone facsimile transmission at the addresses set
forth in the next sentence, unless otherwise changed by written notice from time
to time. Notice to the Company shall be sent to Legacy Inmate Communications,
10833 Valley View Street - Suite 150, Cypress CA 90630. Attention: Contract
Administrator, facsimile: 800-700-1116.
Notice to the City of the Colony shall be sent to:
5151 North Colony Blvd.
City of The Colony, TX 75056-1133
5.5 Regulatory Requirements. This Agreement shall be construed in accordance
with applicable state and federal laws, rules and regulations. In the event those
regulatory or legal requirements are in any manner inconsistent with or require
modification to the terms of this Agreement subsequent to the date of execution
hereof, no written amendment or variation executed by both parties shall be
necessary. Rather, any such amendment or variation shall be effective upon
mailing of written notice by the Company via first-class, postage-prepaid mail or
telephone facsimile transmission of written notice to the City of The Colony.
5.6 Confidentiality. Legacy and the City of The Colony agree to hold confidential all
information shared that may be marked or indicated by the other. The City of
The Colony understands that Legacy's inmate communications operating
system, iCON_, is proprietary and access to and all information about the system
are to be considered confidential unless disclosure is required by state or federal
law. Access to the system cannot be granted to any non-designated facility
personnel. Should the City of The Colony contract with a Vendor in the future to
replace Legacy, the City of The Colony will insure that the iCON_ system is not
viewed or accessed by the Vendor.
5.7 Service Proposal for Inmate Telephone Service. It is agreed by both parties that
Legacy's proposal to the City of The Colony Police Department for Inmate
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Telephone Service shall serve as an addendum to this Agreement. All services,
conditions, and terms set forth in Legacy's proposal shall be considered part of
this Agreement.
In Witness Hereof, the Company and the City of The Colony have executed
this Agreement on the qA day of ~a 4fdg er 2010.
The individuals signing below warrant that they have the authority to sign for and
on behalf of the respective parties.
Legacy I ate Communications City of The Colony
Signature Si ~re 1
11
Curtis A. Brown. President PO
Name/Title (Please Print) Nam /Title (Please Prin
°l J~7°I` 141 10010
Date Date
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