Amendment.PD18-19.075.ITS.GTL.KDH_-_fully_executed.pdf

DRAFT MINUTES – NOVEMBER 4, 2021

COUNTY ADMINISTRATOR'S REPORT – Continued

II. BUDGET/FINANCE CONSENT AGENDA – Continued

15. Recommendation: That the Board take the following action concerning PD 18-19.111, with Aramark Correctional Services, LLC, for Inmate Food Services:

A. Approve Aramark's 3.00% price increase request from $.919 to $.947 per meal, due to the average increase in the CPI - Food Away from Home of 3.96% from January 2021 to June 2021; and

B. Approve and authorize the Interim County Administrator to execute an Amendment to increase the inmate per meal rate from $.919 to $.947.

Motion: Move the balance For Information: The “balance” refers to Budget/Finance Consent Agenda items 1 through 45, with the exception of items 10, 28, and 32, which were held for separate votes, as amended to drop item 20. Item 40 was also voted separately.

Made by: Commissioner Barry Seconded by: Commissioner May Disposition: Carried unanimously

16. Recommendation: That the Board approve and authorize the Interim County

Administrator to execute an Amendment to the Agreement with Global Tel*Link for Inmate Telephone Services, to reflect revised rates. This Amendment will also add service at the Work Annex, effective December 14, 2021.

Motion: Move the balance For Information: The “balance” refers to Budget/Finance Consent Agenda items 1 through 45, with the exception of items 10, 28, and 32, which were held for separate votes, as amended to drop item 20. Item 40 was also voted separately.

Made by: Commissioner Barry Seconded by: Commissioner May Disposition: Carried unanimously

AMENDMENT TO AGREEMENT FOR INMATE TELEPHONE SYSTEM

FOR ESCAMBIA COUNTY JAIL (P.O. 18-19.075)

THIS AMENDMENT TO THE AGREEMENT is made by and between Escambia County, a political subdivision of the State of Florida (hereinafter referred to as "County") , whose mailing address is 221 Palafox Place, Pensacola, Florida 32502, and Global Tel *Link Corporation (hereinafter referred to as "Contractor"), a foreign for-profit corporation authorized to conduct business in the State of Florida, FEI/EIN 63-1071001 , whose principal address is 3120 Fairview Park Drive, Suite 300, Falls Church, VA 22042.

WITNESSETH:

WHEREAS, on or about November 14, 2019, the parties entered into an Agreement for Inmate Telephone System (ITS) for Escambia County Jail facilities (P.O. 18-19.075), hereinafter the "Agreement"; and

WHEREAS, the parties have agreed to amend the Agreement to include a provision relating to statutory "E-Verify" requirements in accordance with §448.095, Florida Statutes, and a provision providing ITS for the Work Annex facility; and

WHEREAS, the parties further agreed to amend Exhibit B to the Agreement relating to the Contractor's Cost Proposal to reflect revised rates Contractor will charge for calls placed by inmates from Escambia County facilities in order to maintain compliance with interim rates caps established by the Federal Communications Commission (FCC) pursuant to a Third Report and Order, Order on Reconsideration, and Fifth Further Notice of Proposed Rulemaking, FCC 21-60, released May 24, 2021 (Rates for Interstate Inmate Calling Services, WC Docket No. 12-375);

and

WHEREAS, the County finds it is in the best interest of the health, safety and welfare of the citizens of Escambia County that the Agreement should be amended as provided herein.

NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth , the County and the Contractor agree as follows:

1. The foregoing recitals are true and correct and incorporated herein by reference.

2. The Agreement is hereby amended to include the following provision:

Employment Eligibility Verification (E-VERIFY). In accordance with §448.095, Florida Statutes, Contractor shall register with and utilize the E-Verify System operated by the United States Department of Homeland Security to verify the employment eligibility of all new employees hired during the term of the Agreement and shall expressly require any subcontractors performing work or providing services pursuant to this Agreement to likewise utilize the E-Verify System to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Agreement. If Contractor enters into a contract with a subcontractor performing work or providing services on its behalf, Contractor shall also require the subcontractor to provide an affidavit stating that the subcontractor does not employ, contract with , or subcontract with an unauthorized alien.

Information on registration for and use of the E-Verify System can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

3. Effective October 26, 2021 or the effective date of the FCC Order, whichever is later, the rates and charges for international, interstate, and intrastate inmate telephone service ("ITS") calls and associated ancillary service charges set forth in Exhibit B to the Agreement are hereby amended as set forth in the revised fee schedule, attached hereto and incorporated herein.

4. Effective December 14, 2021 , Contractor shall provide an Inmate Telephone System in accordance with the terms of the Agreement for the Escambia County "Work Annex" facility located at 601 Highway 297-A, Cantonment, Florida.

5. The parties hereby agree that all other provisions of the Agreement that are not in conflict with the provisions of this Amendment shall remain in full force and effect.

6. The effective date of this Amendment shall be on the last date executed by the parties hereto.

7. This Agreement and any amendment thereto shall be governed by and construed in accordance with the laws of the State of Florida, and the parties stipulate that venue for any state or federal court action or other proceeding relating to any matter which is the subject of this Agreement shall be in Escambia County, Florida.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature:

COUNTY:

BOARD OF COUNTY COMMISSIONERS

ESCAMBIA COUNTY, FLORIDA

Date: I 5 -2.. I

BCC Approved: // / ~( {,0ce>Q l

CONTRACTOR: GLOBAL TEL *LINK

CORPORATION

ATTEST: /~~ Coeb Alderson, President

Date: /;;l - 15" - .:)_ / Approved as to form and legal sufficiency.

Date: 10-27-2021

REVISED FEE SCHEDULE

A. Inmate Telephone Services.

1) Interstate calls, collect, debit, or prepaid/AdvancePay™ format: $0.15 per-minute of use.

2) Intrastate calls, collect, debit, or prepaid/AdvancePay™ format: $0.15 per-minute of use.

3) International calls, debit or prepaid/AdvancePay™ format: The Interstate rate of $0.15 per-minute of use plus the applicable call termination rate for the destination country as published on the Contractor’s website, which may be updated every 3 months in accordance with the FCC Order.

No per call, per connection, or flat-rate charges shall apply to international or interstate calls.

The rates set forth above are exclusive of taxes and other amounts collected by the Contractor on behalf of, or paid to, third parties, including but not limited to payments in support of statutory or regulatory programs mandated by governmental or quasi-governmental authorities, such as the Federal Universal Service Fee, and any costs incurred by the Contractor in connection with such programs.

B. Ancillary Service Charges. The Contractor may charge certain Ancillary Service Charges, which shall be no more than the following amounts:

Automated payment for credit card, debit card, and bill processing fees

$3.00 per transaction

Use of live operator

$5.95 per transaction

Use of third-party money transmitter (e.g., MoneyGram, Western Union, credit card processing, transfers from third-party commissary accounts)

The exact fee from the third-party provider passed through directly to customer with no markup, up to a maximum of $6.95 per transaction.

Use of single-call and related services to pay for a single ITS call using debit/credit card, mobile phone account, or another arrangement

$3.00 per transaction, plus the adopted per-minute rate

C. Commission Rate. The Contractor shall pay the County a fee equal to 88% of the Contractor’s Gross Revenue in accordance with the terms of the Agreement.