Judicial Committee Final Report - Review of Public Defender*

Conclusions 13

• CL1
  Property Rights and Confidentiality. 2.2 Notwithstanding 2.1 above, this agreement may be terminated by either party, and without 5.1 All components of the System including, but further notice, if a party defaults in the performance not limited to, computer workstation(s), central of an obligation or materially breaches any of the processing unit(s), proprietary software and inmate terms or conditions of this agreement and fails to telephones and concentrators provided by T-NETIX, cure such default or breach within thirty (30) days shall at all times remain the property of T-NETDC after service of written notice upon them of such Data placed on the T-NETIX proprietary software by default or breach. Notice of such default or breach Client shall remain the property of Client. shall be given as set forth in Paragraph 9.1. 5.2 The Parties agree that T-NETIX's software and
• CL2
  Call Duration. and communications concerning this Agreement shall be in writing and addressed to Client at the 6.1 The System will have the capability to address in Section 8.2 above and to T-NETIX as automatically limit the duration of each Call to a follows: duration designated by T-NETIX and Client. If to T-NETIX: T-NETIX, Inc.
• CL3
  Use of Space; Right of Access. Attention: President 7.1 Client shall make available to T-NETIX 2155 Chenault Dr., Suite 410 sufficient space within the Designated Facilities for Carrollton, TX 75006 the System and to allow for T-NETIX's performance Telephone: (972) 236-1180 of services as required herein. The space should Fax: (972) 236-6977 have the appropriate heating, ventilation and air conditioning for the System. Prior to installation, T- with a copy to: T-NETIX, Inc. NETIX will provide Client with specifications for such Attention: Chief Legal Officer facilities and for the heating, ventilation and air 2155 Chenault Dr., Suite 410 conditioning. Telephone: (972) 236-1175 Fax: (972) 236-6978 7.2 Client shall afford T-NETIX personnel or contractors access to the System in order to or to such other address as either Party may perform services described herein. Reasonable designate from time-to-time in writing to the other security during access will be provided by Client. Party.
• CL4
  Commissions. 9.2 Unless otherwise provided herein, notices 8.1 Subject to the provisions of this Section 8, shall be sent by (i) hand delivery, (ii) registered or T-NETIX will pay Client a commission of thirty-three certified U.S. mail, postage prepaid, (iii) commercial (33%) of gross billed revenues (excluding federal, courier delivery service, or (iv) facsimile, and shall state and local fees, taxes and surcharges) from be deemed served or delivered (w) upon receipt at completed Calls. Such fees, taxes and surcharges the address for notice specified above when hand include, but are not limited to, Federal Universal delivered, (x) upon confirmation of sending when Service Fund ("FUSF") amounts. In the event Client sent by facsimile, (y) when delivered after being authorizes prepaid calling services, T-NETIX may be sent by courier delivery service, or (z) five (5) days paid for such services through deductions from after deposit in the mail when sent by U.S. mail. commissions.
• CL5
  Indemnification. T-NETIX shall indemnify 8.2 Separate commission payments shall be and hold Client harmless against all claims, payable on the 20th day of each month for the demands and causes of action made against Client preceding month's call volume and shall be made arising from damage to or destruction of property payable to: or injury to persons occurring as a result of the acts or omissions of T-NETIX, its officers, employees, r:IlAe.r.lt Name: subcontractors, or agents in furnishing or supplying Inmate Welfare Fund work, services, materials or supplies in connection Trinity County CA Sheriff's Department with the performance of this Agreement. In no 101 Memorial Drive event, however, will either Party be liable for Weaverville, CA 96093 punitive or consequential damages, even if Attn: Sheriff Lorrac Craig notification has been given as to the possibility of such damages, including but not limited to, loss of -114- profits, telephone or business interruption, causes of nonperformance and will continue its howsoever caused and even if due to the performance whenever and to the extent such negligence, breach of contract or other fault of the causes are removed. respective Parties.
• CL6
  General. This Agreement shall be agent or employee of the Client during their tenure interpreted, construed and enforced pursuant to the or for one year thereafter shall have any interest, laws of the State of California. If any term, direct or indirect, in this Agreement or the proceeds covenant or condition contained herein shall be thereof. invalid or unenforceable to any extent and in any respect under any laws governing this Agreement, 14. Worker's Compensation. T-NETIX the remainder of this Agreement shall not be acknowledges that it is aware of the provisions of affected thereby, and each term, covenant or the Labor Code of the State of California which condition of this Agreement shall be valid and requires every employer to be insured against enforceable to the fullest extent permitted by liability for worker's compensation or to undertake applicable law. This Agreement shall not be binding self-insurance in accordance with the provisions of upon either Party until accepted in writing by an that Code and it certifies that it will comply with authorized representative of T-NETIX as indicated such provisions before commencing the by the signature below. This Agreement may not be performance of the work of thisAgreement. A copy assigned or transferred to any other person or of the certificates evidencing such insurance shall entity without the prior written mutual agreement of be provided to Client prior to commencement of the Parties. Should T-NETIX assign this AgreeMent work. to any person acquiring all or substantially all of its assets or to any person or entity with or into which This Agreement is to be performed by employees T-NETIX merges, Client may, at its option, subject to these provisions. A copy of the relevant terminate the agreement effective as of the date prevailing wage is on file with the Department of such assignment occurs. Should Client not exercise Transportation, County of Trinity, PO Box 2490, its option to terminate and desire to continue Weaverville, California 96093. Copies will be receiving the services provided pursuant to this provided upon request. Agreement, it is understood and agreed, that all terms and conditions hereof will be binding upon 15. Nondiscriminatory Employment. In and inure to the assignee or merged surviving entity connection with the execution of thisAgreement, T- as though such entity was an original party to this NETIX shall not discriminate against any employee Agreement. This provision shall be included in the or applicant for employment because of race, color, document memorializing the transferring of T- religion, age, sex, national original, political NETIX's assets to such assignee or merged affiliation, ancestry, marital status, disability or surviving entity. sexual orientation. This policy does not require the employment of unqualified persons.
• CL7
  Force Majeure. Neither Party will be liable to the other for delays or inability to perform their
• CL8
  Interest of Public Officials. No officer,
• CL9
  Entire Agreement; Amendments. This obligations if such failure results from a Force Agreement represents the entire' Agreement Majeure event, which will include any Acts of God, between the Parties with respect to the matters acts of governments, acts of terrorism, riots, wars, addressed herein and supersedes all prior strikes, fires, weather, delays in transportation, negotiations, representations or agreements shortages of materials, the unavailability of between the Parties, whether written or oral, on equipment or other matters beyond the reasonable the subject matter hereof. This Agreement may control of the Party. Any such Force Majeure event not be amended, modified, altered, or rescinded will extend the time for such performance for a except upon a written instrument designated as an period equal to the period of delay; provided amendment to this Agreement and executed by all however, that the Party whose performance is Parties hereto. prevented or delayed by such Force Majeure will take all reasonable steps to avoid or remove such -115-
• CL10
  Exhibits. This Agreement includes Exhibits Exhibit A, Facilities; and attached hereto as indicated below: T-NETIX Proposal Dated May 14, 2004. CLIENT T-NETIX, Inc. COUNTY OF TRINITY Signature: By: ,c) Printed Name: Thomas R Merriam chairrB ear-el-ef-Difeetem- Title: EVP - Strategic Markets Robert A. Reiss, Chairman of the Board ATTEST: Clerk APPROVED By: AS TO Deputy ( FORM INITIAL DATE CC 9-13.o AUD APPROVED AS TO LEGAL FORM CAO Fund: Organization: Account: By: CouMv Atctitor C o Title: THE SYSTEM INSTALLED AT THE SITE MAY HAVE THE CAPACITY TO RECORD INMATE PHONE CALLS AND/OR ALLOW CORRECTIONAL OFFICERS TO MONITOR INMATE PHONE CALLS. BY PROVIDING EQUIPMENT HAVING EITHER OR BOTH OF THESE CAPABILITIES, T-NETIX MAKES NO REPRESENTATIONS AS TO THE LEGALITY OF RECORDING OR MONITORING INMATE TELEPHONE CALLS. EXHIBIT A
• CL11
  OFFICE OF THE COUNTY COUNSEL JEANETTE PALLA, COUNTY COUNSEL DAVID R. HAMMER, DEPUTY COUNTY COUNSEL P.O. BOX 1428, WEAVERVILLE, CALIFORNIA 96093-1428 PHONE (530) 623-1382 FAX (530) 623-1365 FO' TO: The Honorable Anthony C. Edwards, Presiding Judge of the Superior Court FROM: Jeanette Palla, Trinity County Counsel jp CC: Kelly Frost, Deputy Clerk of the Board SUBJECT: Response to Recommendations of 2003-04 Trinity County Grand Jury Report of the Judicial Committee- Review of Public Defenders DATE: August 3, 2004 The Grand Jury Judicial Committee has requested a written response to their final report on the Review of Public Defenders. In my capacity as County Counsel, my response is as follows: Finding #1: At the present time all attorneys working under the Public Defenders contract are residents of Trinity County, and are geographically accessible to their clients and client families. In the past some attorneys were hired from out of the area. This situation can cause undue hardship for all involved. Response: I agree that, all other things being equal, a Public Defender with a history of living and working in Trinity County is preferable to one newly transplanted to the area. It is desirable to provide work for local citizens with a stake in our community. More importantly, a Public Defender who knows the people and places of our County may do a more effective job in evaluating witness statements, crime reports and in selecting a jury.
• CL12
  Term. calling but may contract with third parties to 2.1 The initial term of this Agreement shall perform this function. commence on the Effective Date and shall remain in 4.3 T-NETIX shall provide Client monthly detailed effect for sixty (60) months until May 31, 2009. This call records that are generated by the System. T- Agreement will then renew automatically on a NETIX shall also retain such records at T-NETIX month-by-month basis unless either Party provides National Service Center for a minimum of three (3) written notice to the other Party of its intent to years. This requirement to retain such records shall terminate this Agreement ninety (90) days prior to survive the termination of this agreement. the expiration of the term or any renewal term.
• CL13
  T-NETIX Products and Services. training materials, if identified as confidential, are 3.1 T-NETIX shall install, at its sole cost and confidential information ("Confidential expense, the system and other equipment as Information"). Client will use the same prudent required for the provisioning of Scope of inmate care to safeguard the Confidential Information as it telephone service. uses for its own confidential information and will not use the Confidential Information .for purposes 3.2 T-NETIX shall maintain the system in good other than those necessary to further the purposes condition at all times. All maintenance or repair of this Agreement. work, which may be performed remotely or on site, shall be performed in such a manner as to minimize 5.3 Client will instruct its employees of the the disruption of inmate telephone service. Upon confidentiality restrictions set forth herein. Client Client's written request, T-NETIX will make available will not disclose to third persons the Confidential Information without the prior written consent of T- Trinity County Probation Department NETIX, unless required under applicable law, rule or 333 Tom Bell Road regulation, or pursuant to the order of any court or Weaverville, CA 96093 governmental entity or legal process of any Attn: Chief Probation Officer Terry Lee governmental entity and, in such event, Client will promptly notify T-NETIX of the exact nature and 9. Notices. circumstances of such required disclosure. 9.1 Unless otherwise provided herein, all notices

No Responses Found 3

Government entities assigned to respond to this report. No response documents have been linked in our database.