ND DOC contracts/MOUs with JPay/Securus Technologies

Beryl Lipton filed this request with the Department of Corrections and Rehabilitation of North Dakota.

It is a clone of this request.

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From: Beryl Lipton

To Whom It May Concern:

Pursuant to North Dakota Constitution, Article XI, Section 6, and the North Dakota Open Records Statute, N.D.C.C. § 44-04-18(1), I hereby request the following records:

All contracts (and their amendments) and memorandums of understanding entered into by the North Dakota Department of Corrections for all services, equipment, and activities involving/provided by/contracted for with JPay or its parent company Securus Technologies. Responsive materials should include but not be limited to:

• the initial Invitation to Bid, Request for Proposal, or equivalent call for contractors
• the responsive materials provided by the winning bidder
• all other vendor responses
• all evaluation material, scorecards, reports, and notes generated in the selection process
• the current contract
• all exhibits
• all amendments
• all applicable locations and related data sheets containing all relevant available information

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Beryl Lipton

From: Kitzan, Heather L.

Hi,
Under NDCC § 54-44.4-10(2)<http://www.legis.nd.gov/cencode/t54c444.pdf>, all proposals received pursuant to a competitive sealed proposal process are exempt records under NDCC § 44-04-17.1(5)<http://www.legis.nd.gov/cencode/t44c04.pdf> until an award of the contract is made. After an award of the contract has been made, the proposals become subject to the state's open records laws. Cost proposals, including unit prices, are not confidential under NDCC § 44-04-18.4<http://www.legis.nd.gov/cencode/t44c04.pdf>. Also, the DOCR'S evaluations of the Vendors' proposals are the DOCR's records and are open records.
Information that may be subject to the open records exception policy under NDCC § 44-04-18.4<http://www.legis.nd.gov/cencode/t44c04.pdf> is: trade secret, proprietary information, commercial and financial information, or considered confidential "if it is of a privileged nature and it has not been previously public disclosed".
Copy Fee
The copy fee is 25 cents per page, plus postage, as established in NDCC § 44-04-18(2)<http://www.legis.nd.gov/cencode/t44c04.pdf> and $25.00 per hour, per request, but not including the first hour, for locating records and excising closed or confidential material. Payment must be received before records will be mailed or emailed to the requestor.
We will have to redact all trade secret, proprietary information, commercial and financial information, or considered confidential, which you would be charged $25.00 per hour for this time and for processing the request.

Payment must be received prior to mailing of information requested. Do you wish to proceed? If so, we will need figure the total cost and prepare the requested documents. Once we notify you the cost you can mail payment, then we will send the documents.
I estimate the cost to be about $125.00.
Thanks,

Heather Kitzan
Grants and Procurement Officer II
DOCR Central Office
3100 E Railroad Avenue, PO Box 1898
Bismarck, ND 58502-1898
701-328-6704
hlkitzan@nd.gov<mailto:hlkitzan@nd.gov>

From: Beryl Lipton

Hello Ms. Kitzan,

Would receiving the documents electronically be a possibility, and, if so, would that affect the necessary fee at all?

Thanks so much,
Beryl

From: Kitzan, Heather L.

Hi,

The cost would remain about the same if I send them electronically. I can get you a more exact figure if you choose to move forward with the request. Then you will be required to send the payment and once it’s received I can send you the information.
Thanks,

Heather Kitzan
Grants and Procurement Officer II
DOCR Central Office
3100 E Railroad Avenue, PO Box 1898
Bismarck, ND 58502-1898
701-328-6704
hlkitzan@nd.gov<mailto:hlkitzan@nd.gov>

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Kitzan, Heather L.

Hi,

I was waiting for confirmation if you wanted to go forward. Did you want all the documents or just the actual contract? The contract information is about 10 pages, the entire amount is hundreds of pages. Once you let me know I can figure out the exact cost, then you send payment. Once payment is received I send the information.
Thanks,

Heather Kitzan
Grants and Procurement Officer II
DOCR Central Office
3100 E Railroad Avenue, PO Box 1898
Bismarck, ND 58502-1898
701-328-6704
hlkitzan@nd.gov<mailto:hlkitzan@nd.gov>

From: Beryl Lipton

Hello Ms. Kitzan,

Apologies for the delay. Could you please provide an estimate for this request, limiting it to only the contract information?

Thanks so much for your help,
Beryl

From: MuckRock

Hi there,

This request seems to have stalled. I've copied it again below for your reference. I'm hoping I can receive an updated fee estimate for the whole request and the request if limited to only the contract elements?

Thanks so much,
Beryl
_______________

To Whom It May Concern:

Pursuant to North Dakota Constitution, Article XI, Section 6, and the North Dakota Open Records Statute, N.D.C.C. § 44-04-18(1), I hereby request the following records:

All contracts (and their amendments) and memorandums of understanding entered into by the North Dakota Department of Corrections for all services, equipment, and activities involving/provided by/contracted for with JPay or its parent company Securus Technologies. Responsive materials should include but not be limited to:

• the initial Invitation to Bid, Request for Proposal, or equivalent call for contractors
• the responsive materials provided by the winning bidder
• all other vendor responses
• all evaluation material, scorecards, reports, and notes generated in the selection process
• the current contract
• all exhibits
• all amendments
• all applicable locations and related data sheets containing all relevant available information

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Beryl Lipton

From: Linster, Michelle L.

Beryl,

I received your open records request and will get an estimated cost for all of the records. If you are interested in only the contract that would be free of charge since it could be sent electronically.

Also, you may add me as the contact for any open record requests for the ND DOCR. I am the PIO and it would expedite these requests if they came directly to my email instead of other employees at the DOCR.

Thank you,

Michelle L. Linster | Administrative Assistant III / Public Information Officer
P.O. Box 1898, 3100 Railroad Avenue
Bismarck, ND 58502-1898
p: (701) 328-6362 | f: (701) 328-6651
e: mlinster@nd.gov<mailto:mlinster@nd.gov> | w: www.nd.gov/docr/

DOCR MISSION STATEMENT: The mission of the North Dakota Department of Corrections and Rehabilitation is to enhance public safety, reduce the risk of future criminal behavior by holding adult and juvenile individuals accountable, and to provide opportunities for change.

Confidentiality Notice: This transmission is intended only for the use of the individual to whom it is addressed and may contain information that is made confidential by law. If you are not the intended recipient, you are hereby notified any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please respond immediately to the sender and then destroy the original transmission as well as any electronic or printed copies. Thank you.

From: Beryl Lipton

Hello Ms. Linster,

Thank you so much for your help. I'm also particularly interested in any revenue sharing reports. If there happen to be any of those, I'd be interested in the estimate when the request is limited to contracts and reports and then whatever the full estimate is. I've also added you as our main ND DOCR contact. Thanks again!

Hope the day goes well,
Beryl

From: Linster, Michelle L.

Beryl,

Would you provide more clarity on what you are calling revenue sharing reports?

Thank you,

Michelle

From: Linster, Michelle L.

Beryl,

I have talked with our contract’s person and received all the data. It would only cost you the postage to mail the thumb drive. If you would like to go that route I will get an exact cost of the postage but I am assuming it won’t be more than $3.00.

Thank you,

Michelle

From: Beryl Lipton

Hi Michelle,

Thanks so much for this. I'm more than happy to cover the cost of postage. I'll send a check out as soon as I'm sure of the final amount.

Thanks again for all of your help!

Best,
Beryl

From: Linster, Michelle L.

Beryl,

The cost of postage was $0.98. I will be sending the information today.

Thank you,

Michelle

From: Department of Corrections and Rehabilitation

A copy of documents responsive to the request.

From: Beryl Lipton

Hi Michelle,

Thank you so much for your help with this! I'd like to confirm that the necessary payment is $0.98. Also could you please clarify to whom the check should be made?

Have a lovely evening!
Beryl

From: Linster, Michelle L.

Beryl,

Yes the payment was $0.98 with the check payable to the ND DOCR. Listed below is the address you may send the check to:

ND DOCR
Attn: Michelle Linster
PO Box 1898
Bismarck, ND 58502-1898

Please let me know if you have received the documents. I sent out the information on February 15, 2017.

Thank you,

Michelle

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