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  Consent-Law & Justice Services    # 21.       
Board of Supervisors Sheriff-Coroner/Public Administrator  
Meeting Date: 09/13/2016  
Brief Title:    Approval of Inmate Communications Service Contract
From: E.G. Prieto, Yolo County Sheriff-Coroner, Yolo County Sheriff's Office
Staff Contact: Rosario Ruiz-Dark, Chief of Finance and Administration, Yolo County Sheriff's Office, x5264

Subject
Approve contract with Legacy Inmate Communications for the provision of Inmate Communication Services to individuals incarcerated at the Yolo County Detention Center for a three year term with the option to renew for an additional two - one year terms upon completion. (No general fund impact) (Prieto)
Recommended Action
  1. Approve the revenue contract with Legacy Inmate Communications in order to permit individuals the use of inmate telephones to place collect, collect pre-paid, and or debit phone calls while incarcerated at the Yolo County Detention Center for a three year term with the option to renew for an additional two - one year terms upon completion; and
     
  2. Authorize the Manager of Purchasing to sign the contract.
Strategic Plan Goal(s)
Operational Excellence
Reason for Recommended Action/Background
In April of 2016, the Sheriff's Office initiated a RFP process to select a vendor for the provision of Inmate Communication Services (ICS). The office received five responses to the RFP, and Legacy Inmate Communications ("Legacy") was selected as the preferred vendor. Legacy's proposal includes the delivery and installation of up to 45 hard wired telephones that will allow inmates the ability to place collect, collect pre-paid and card-less debit phone calls. The Sheriff's Office will have access to Legacy's automated inmate communications management system, iCON, which permits detention staff oversight and control including blocking calls, blocking service in part or for all of the detention facility, and tracking information. This agreement also allows for the addition of more services in the future such as the provision of Bridge Communication Devices (BCDs), which can be used for email, video messaging, remote visitation, and operational utilities like the provision of forms, form processing, and law library materials.  These additions would be provided at no extra cost to the County should detention command staff wish to move forward with these programs.

For these services, Legacy agrees to pay the County a one time financial incentive of fifteen thousand dollars ($15,000) after implementation.  For each optional renewal year beyond the initial term, Legacy will further agree to compensate the County five thousand dollars ($5,000).  Yolo County also receives a 73% commission on all billed and collected inmate calls.  Should Yolo County want to provide BCDs, a 55% commission will apply to those services. 

The fees charged to inmates for phone services, specifically "hidden" fees and commission rates, became of interest to the Federal Communications Commission (FCC), and in 2008 they began gathering data, cost studies, and comments from ICS providers.  In December 2012, the FCC issued a Notice of Proposed Rule Making to regulate interstate ICS rates.  On May 9, 2013, the FCC proposed the Prison Policy Initiative, filed as WC Docket No.12-375.  On November 5, 2015, the FCC issued its Second Report and Order and Third Further Notice of Proposed Rulemaking in WC Docket No.12-375.  This order standardized and mandated fees for ICS as follows: 
  • Interstate ICS calls made using a collect format:  $ 0.25 per minute of use.
  • Interstate ICS calls, whether made using a debit or prepaid/AdvancePay™ format:  $0.21 per minute of use.
  • Local calls, whether made using a collect, debit, or prepaid/AdvancePay™ format:  $0.28 per minute of use.
  • Intrastate ICS calls (other than local calls), whether made using a collect, debit or prepaid/AdvancePay™ format:   $0.34 per minute of use.
  • No per call, per connection, or flat-rate calling charges shall apply to international, interstate, and intrastate ICS per minute of use calls.
Legacy's rates, as detailed in Exhibit A of the contract, follow these FCC mandates and in the case of local calls are below the cost detailed in the guidelines.  Yolo County selected the option of a lower overall rate charged for local calls with a higher commission in order to maximize revenue for the Inmate Welfare Fund while still keeping pricing for ICS fair to the incarcerated population.   

Revenue received from this contract will be deposited into the Inmate Welfare Fund and is used to pay for literacy classes, construction training classes, exercise equipment, craft materials, televisions, hygiene kits, and welfare clothing items.  Board approval of the contract is now requested. 
Collaborations (including Board advisory groups and external partner agencies)
Yolo County Counsel has reviewed the contract and has approved as to form.  County Purchasing assisted with the RFP for ICS and selection of a new vendor.

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   0
Amount budgeted for expenditure:    $   0
Additional expenditure authority needed:    $   0
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
This is a revenue contract and no County funds or Inmate Welfare Funds are being expended. The revenue received from commission paid by the vendor to the Yolo County Sheriff's Office is budgeted in the pending FY 2016-17 budget.  Monthly average revenue received from the current ICS contract in FY 2015-16 is $9,297.  Although the commission rate paid in FY 2015-16 has decreased 23% in comparison to FY 2014-15, it is the hope that, with the selection of this new vendor, use of inmate telephone service will increase and the number of dropped calls will decrease, stabilizing the amount of revenue received.  Legacy has indicated that because they own and operate their own telephone network, there will be increased revenue transparency as well.
Attachments
Att. A. Legacy ICS Contract

Form Review
Inbox Reviewed By Date
Financial Services Tom Haynes 08/24/2016 02:17 PM
County Counsel Hope Welton 08/25/2016 08:25 AM
Form Started By: Selena Hobbs Started On: 08/09/2016 11:43 AM
Final Approval Date: 08/25/2016

    

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