HomeMy WebLinkAboutAgreement A-25-145 with GTL dba ViaPath Technologies.pdf Agreement No. 25-145
RIDER CONTRACT
This Rider Contract ("Agreement") is made and entered into April 22, 2025 by and
between County of Fresno, a political subdivision of the State of California ("County"),
and Global Tel*Link Corporation d/b/a ViaPath Technologies, an Idaho corporation,
("Contractor").
RECITALS
WHEREAS, the County has the legal authority to enter into a cooperative procurement
("rider") for a contract procured by another governmental entity when seeking to utilize
the same or similar services provided for in said contract in the interest of the public; and
WHEREAS, the County requires the supply, installation, management, operation,
and maintenance of Inmate Telephone System and Tablet Services (the "Services") at the
Fresno County Jail, N. Annex Jail, and W. Annex Jail; and
WHEREAS, Orange County, California issued that certain Request for Proposals 060-0O21597-
LQ for Inmate Communication Services (the "Orange County UP"), pursuant to which it
entered into that certain Contract No. MA-060-21011490 (the "Orange County Contract") for
the provision of Services.
WHEREAS, the County desires to engage as a rider onto the above referenced Orange
County Contract for the provision of Services to the County, and Contractor consents.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Affirmation of Contract. Contractor affirms and ratifies the terms and conditions of the
above referenced Orange County Contract and agrees to perform the services set forth therein
for the County in accordance with the terms of the Orange County Contract, as modified herein.
The Orange County Contract is attached as Appendix E and incorporated by this reference.The
County shall utilize the Services of the Contractor in the manner and upon the terms and
conditions as set forth in the Orange County Contract, as modified herein.
2. Term.This Agreement shall commence retroactive to January 1, 2025 ("Effective Date")
and shall continue in effect for three (3) years thereafter, unless earlier terminated in
accordance with the terms of the Orange County Contract. This Agreement may be
renewed for two (2) additional one-year renewals on upon the written approval of both
parties.
3. Incorporation of Orange County Contract. Except as otherwise stated herein, the terms
and conditions of the Orange County Contract shall form the basis of this Agreement, with the
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County having the same rights and obligations of Orange County under the Orange County
Contract and Contractor having the same rights and obligations of"Contractor" under the Orange
County Contract.The Orange County Contract is hereby incorporated into this Agreement, and if
any provision of this Agreement conflicts with any provision of the Orange County Contract, the
terms, conditions and provisions of this Agreement shall control. The parties agree that the
portions of the Orange County Contract that address payment kiosks shall not apply to this
Agreement.
a. In accordance with section 27. County Cooperative Contract of the Orange County
Contract, both Parties will hold harmless the County of Orange from all claims, demands,
actions or causes of actions of every kind resulting directly or indirectly, arising out of, or
in any way connected with the use of this Agreement.
b. General Terms and Conditions, Section O. Insurance Provisions of the Orange County
Contract, are hereby modified as follows:
Coverage: Minimum Limits
Commercial General Liability $2,000,000 per occurrence
Including Sexual Misconduct $1,000,000 each victim/$2,000,000
aggregate
4. Notices. Any notice, demand, request, approval or other communication (a "notice")
which, under the terms of this Agreement or by law, must or may be given by either Party, must
be in writing and delivered personally or by a recognized commercial overnight mail carrier to a
Party at the address provided below. Notices, including notice of change of contact information,
are effective upon delivery.
To Contractor:
Global Tel*Link Corporation
d/b/a ViaPath Technologies
3120 Fairview Park Drive, Suite 300
Falls Church, VA 22042
Phone: (703) 955-3911
ATTN: Legal Department
To County:
1225 M Street
Fresno, California 93721
ATTN: Lt. Copher
For all claims arising from or related to this Agreement, nothing in this Agreement establishes,
waives, or modifies any claims presentation requirements or procedures provided by law,
including the Government Claims Act(Division 3.6 of Title 1 of the Government Code, beginning
with section 810).
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5. Appendices. For purposes of this Agreement, Attachment B: Rates and Fees,
Attachment C: Revenue Share and Cost Recoupment, and Attachment F:Service Escalation
Matrix of the Orange County Contract are hereby deleted and replaced with Appendices A, B, C,
and D attached hereto. This Agreement, together with all exhibits, includes the entire
agreement of the County and Contractor and supersedes all prior and contemporaneous
agreements between the parties, whether oral or written, relating to the subject of this
agreement.
6. Change-of-Law. Any rule, regulation, or other change mandated by any federal, state, or
local authority or Court ruling which may interfere with or adversely affect either party's rights,
obligations, or intended benefit under the Agreement shall entitle either party to, at their option,
renegotiate or terminate this Agreement. This provision shall not apply to the Federal
Communications Commission's ("FCC") final Report and Order, Order on Reconsideration,
Clarification and Waiver, and Further Notice of Proposed Rulemaking (the "FCC Order") to
implement the provisions of the Martha Wright-Reed Just and Reasonable Communications Act
of 2022 ("MWR Act"), except to the extent the FCC Order mandates rates, charges, commissions,
or other provisions that differ from Appendix C. This provision shall also not apply to the
California Public Utilities Commission ("CPUC") Proposal, and effective on the implementation
date of the resulting CPUC Order for permanent rates for incarcerated persons calling services,
Rulemaking 20-10-002, or any order that results from such CPUC Proposal, except to the extent
the CPUC Order mandates rates, charges, commissions, or other provisions that differ from
Appendix C.
7. Office Space Provided. County shall provide office space of approximately 100 square
feet, including two desks,for the two (2)full-time, on-site, Systems Technicians during the term
of this Agreement. However, authorized County staff may enter this office space, and any
County facilities where Contractor is providing services at any time.
8. Security
A. Contractor's staff and subcontractors working at the Jail Facilities shall be required to
pass a background investigation by County. Contractor's staff and subcontractors must
obtain mandatory security clearance from County, as applicable, prior to commencing
work. Contractor shall notify County a minimum of three (3) weeks in advance of
placement of a new employee or subcontractor to provide adequate time for the
background check process. Contractor shall be responsible for all costs to obtain security
clearances for all Contractor's prospective employees/staff within County's Jail
Facilities. Contractor shall also provide adequate time for employees/staff to attend
facility orientation and training, as applicable.
B. Prison Rape Elimination Act (PREA)—Contractor shall train all employees on PREA, and
will follow the Guidelines set forth by the Fresno County Sheriff's Office. The PREA policy
and required acknowledgment are attached as Appendix E. The Sheriff's Office has zero
tolerance for any incidence of sexual assault, sexual harassment, or sexual misconduct,
and makes every effort to comply with applicable components of the Federal Prison
Rape Elimination Act of 2003. The Sheriff's Office is committed to
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providing a safe, humane, secure environment, free from sexual assault or abuse, and
has implemented procedures for appropriate prevention, detection, intervention, and
treatment for all victims of sexual assault. All reported incidents of sexual assault will be
investigated.
C. No Hostage Policy- Contractor's employees shall be advised of the possibility that a
hostage taking incident could occur at any time, and shall read and sign the "No
Hostage" policy, as set forth in Appendix F, attached and incorporated by this reference,
which means that there shall be no bargaining for the release of hostages in exchange
for the release of confined inmates or minors.
9. Consistent Federal Income Tax Position. Contractor acknowledges that the Jail Facilities
have been acquired or improved (and is situated on land that has been acquired) using net
proceeds of governmental tax-exempt bonds ("Bond-Financed Facilities"). Contractor agrees
that,with respect to this Agreement and the Bond-Financed Facilities, Contractor is not entitled
to take, and shall not take, any position (also known as a "tax position") with the Internal
Revenue Service that is inconsistent with being a "service provider" to the County, as a
"qualified user" with respect to the Bond-Financed Facilities, as "managed property," as all of
those terms are used in Internal Revenue Service Revenue Procedure 2016-44 and 2017-13, as
applicable, and to that end, for example, and not as a limitation, Contractor agrees that
Contractor shall not, in connection with any federal income tax return that they file with the
Internal Revenue Service or any other statement or information that it provides to the Internal
Revenue Service, (a) claim ownership, or that it is a lessee, of any portion of the Bond-Financed
Facility,or(b) claim any depreciation or amortization (as referenced in Internal Revenue Service
Revenue Procedure 2016-44) or amortization deduction (as referenced in Internal Revenue
Service Revenue Procedure 2017-13), investment tax credit, or deduction for any payment as
rent with respect to the Bond-Financed Facilities.
10. Jurisdiction and Venue. This Agreement is signed and performed in Fresno County,
California. Contractor consents to California jurisdiction for actions arising from or related to
this Agreement, and, subject to the Government Claims Act, all such actions must be brought
and maintained in Fresno County.
11. Authorized Signature.The Contractor represents and warrants to the County that:
(A) The Contractor is duly authorized and empowered to sign and perform
its obligations under this Agreement.
(B) The individual signing this Agreement on behalf of the Contractor is duly
authorized to do so and his or her signature on this Agreement legally binds the Contractor to
the terms of this Agreement.
12. Electronic Signatures. The parties agree that this Agreement may be executed by
electronic signature as provided in this section.
(A) An "electronic signature" means any symbol or process intended by an
individual signing this Agreement to represent their signature, including but not limited to (1) a
digital signature; (2)a faxed version of an original handwritten signature; or(3)an electronically
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scanned and transmitted (for example by PDF document) version of an original handwritten
signature.
(B) Each electronic signature affixed or attached to this Agreement (1) is
deemed equivalent to a valid original handwritten signature of the person signing this
Agreement for all purposes, including but not limited to evidentiary proof in any administrative
or judicial proceeding, and (2) has the same force and effect as the valid original handwritten
signature of that person.
(C) The provisions of this section satisfy the requirements of Civil Code
section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division
3, Part 2, Title 2.5, beginning with section 1633.1).
(D) Each party using a digital signature represents that it has undertaken and
satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
through (5), and agrees that each other party may rely upon that representation.
(E) This Agreement is not conditioned upon the parties conducting the
transactions under it by electronic means and either party may sign this Agreement with an
original handwritten signature.
13. Counterparts. This Agreement may be signed in counterparts, each of which is an
original, and all of which together constitute this Agreement.
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IN WITNESS WHEREOF, the Parties execute this Agreement.
GLOBALTEL*LINK CORPORATION
D/B/A VIAPATH TECHNOLOGIES ON BEHALF COUNTY OF FRESNO
OF ITSELF AND ITS AFFILIATES
Ernest Buddy Mend s, Chairm�anof the
By: Board of Supervisors of the County of
Fresno
Printed Name: Alexandra Booker
Attest:
Title: Contracts Manager Bernice E. Seidel
Clerk of the Board of Supervisors
Date: February 25, 2025 County of Fresno, State of California
By: &6zj""� u r--'
Deputy
FOR ACCOUNTING USE ONLY:
Fund:2250
Subclass:33410
ORG:No Org#
Account:1450
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Appendix A:
Inmate Telephone Service
Service Schedule
This Service Schedule applies only to inmate telephone service ("ITS"). Where "Contractor" or
"ViaPath" is used in this Service Schedule, it shall mean Global Tel*Link Corporation d/b/a
ViaPath Technologies.
1. Equipment and Features.
Telephones and Workstations
Inmate Phones Platform
507 Phones ICMv
ViaPath Base Features
Password Protected Web based User Interface
Number Management
Blocked Access to Toll-Free Numbers
Collect, Prepaid Debit and AdvancePay Calling Options
TDD/TTY Capability (provided by third-party)
Call Prompts in English and Spanish
The term "Equipment" in this Service Schedule includes the items listed in this Section I of this
Schedule and related equipment, including guard posts, concrete pads, mast poles, and site
preparation. Guard posts, concrete pads, enclosures, pedestals, bumper pads, or other property
of Contractor installed by Contractor shall remain in all respects property of Contractor.
Contractor reserves the right to remove or relocate Equipment which is subjected to recurring
vandalism or insufficient traffic and/or revenue to warrant the continuation of Service.
Contractor shall not exercise such a right of removal or relocation unreasonably. Contractor shall
notify County in writing of its intention to remove or relocate Equipment prior to such action.
Upon removal of Equipment by the Contractor, Contractor shall restore said premises to its
original condition, ordinary wear and tear excepted; however, Contractor shall not be liable for
holes placed in walls, pillars, or floors or other conditions on the premises which resulted from
the proper installation of Equipment. County shall not,and shall not allow any third party to make
alterations or attachments to the Equipment.
2. Inmate Telephone Services.
Contractor shall be responsible for: (a) furnishing, installing, repairing and servicing the
Equipment; (b) the establishment (if and to the extent required of Contractor by law) and
compliance with all Tariffs and rules, regulations, orders and policies of federal and state
regulatory authorities applicable to the automated inmate telephone system Services provided
by Contractor; (c) the establishment and maintenance of all billing and payment arrangements
with the local and interexchange carriers if available; (d) the processing of all telephone call
records; (e)the performance (alone or through third-parties) of all validation, billing, outclearing
and collection services; and (f) the handling of all billing and other inquiries, fraud control, and
all other Services essential to the performance of Contractor's obligations under this Agreement.
Contractor reserves the right to take all necessary actions to control unbillables, uncollectibles,
bad debt and fraud in connection with ITS.
Contractor does not furnish, maintain or provide consumables for peripheral equipment
associated with the inmate telephone system. Consumables consist of items such as printer
paper, cassette tapes, or compact disks.
3. Rates and Charges for Inmate Telephone Services. The per-minute-of-use call rate shall
not exceed the maximum rates authorized by the state's telecommunication regulatory
authority ("PUC") and the Federal Communications Commission ("FCC").
• Interstate ITS calls, whether made using a Collect, Prepaid Debit, or AdvancePayTM format:
[See Appendix C: Rates, Charges, and other Provisions] per minute of use.
• Intrastate ITS calls,whether made using a Collect, Prepaid Debit, or AdvancePayTM format:
[See Appendix C: Rates, Charges, and other Provisions] per minute of use.
• International ITS calls, whether made using a Prepaid Debit or AdvancePayT" format: [See
Appendix C: Rates, Charges, and other Provisions] per minute, plus the applicable call
termination rate for the international destination of the call as published on the
Contractor's website, which may be updated every 3 months in accordance with the FCC
Order. These rates can be found at: https://www.gtl.net/legal-and-privacy/federal-
tariffs-and-price-lists/.
• Free Calling Program: Each inmate shall receive [See Appendix C: Rates, Charges, and
other Provisions].
No per call, per connection, or flat-rate calling charges shall apply to international, intrastate or
interstate ITS per minute of use calls.
The ITS 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.
4. Reserved.
5. Additional Terms
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a. Monitoring and Recording. County agrees that Contractor has no responsibility to advise
County with respect to any law, regulation, or guideline that may govern or control any
telephone recording or monitoring by County, or compliance therewith. County has its
own legal counsel to advise it concerning any and all such law, regulation, or guideline,
and compliance therewith, and makes its own determination on when and how to use
the telephone monitoring and recording capabilities supplied through this Agreement.
Contractor disclaims any responsibility to provide, and in fact has not provided, County
any legal advice concerning such applicable law, regulation, or guideline, or compliance
therewith. County shall be solely responsible for any liability, costs and expenses relating
to any claims made against Contractor arising out of failure of County (or the Contractor
at the direction of the County) to comply with such law, regulation or guideline. County
acknowledges that all call detail records ("DRs") and call recordings contained in the
inmate telephone system equipment Contractor provides to County under this
Agreement are the exclusive property of the County for the term of this Agreement and
any resulting extensions of this Agreement; provided, however,that Contractor shall have
the right to use the DRs and recordings to respond to legal requests, to provide the
Services under this Agreement, and for other lawful business purposes.
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Appendix B:
Tablet Service Schedule
Enhanced Services - IP-Enabled Tablets
1. Applicability. This Service Schedule applies only to the enhanced services referenced. Where
"Contractor" is used in this Service Schedule, it will mean GTL Enhanced Services, LLC.
2. Definitions. Capitalized terms used and not otherwise defined will have the meaning set forth
in the Agreement.
"Agreement" means the contract to which this Service Schedule is attached.
"Enhanced Services" means enhanced communications, information services, educational,
entertainment products, and mail scanning services.
"IP-Enabled Tablets" (or"Tablets") means a tablet device capable of allowing access to Enhanced
Services.
3. Deployment Locations. Enhanced Services will be deployed at the locations listed in the table
below (individually "Location" and collectively "Locations"). Contractor reserves the right to
terminate Enhanced Services at any Location and all Locations if equipment is subjected to
recurring vandalism or there is insufficient revenue to warrant the continuation of Enhanced
Services at such Location(s), including the failure by Contractor to recover the Expenditure (as
defined below) for Enhanced Services within twelve (12) months following the deployment of
Enhanced Services at the Locations.
Location Location Description
Fresno County Jail (Main) 1225 M Street, Fresno, CA 93721
N. Annex Jail 1265 M Street, Fresno, CA 93721
W. Annex Jail 2208 Merced Street, Fresno, CA 93721
4. Contractor Provided Equipment, Services and Cabling. Contractor will supply equipment,
hardware, circuits, and cabling to deploy Enhanced Services at the Locations at no cost to County.
Contractor will retain all right,title, and interest in and to all equipment(including any associated
hardware and software), and services supplied. Cabling will become the property of the County
upon the expiration of the Agreement. Upon termination of Enhanced Services at any
Location(s), County will collect and deliver to Contractor all Tablets and related equipment
assigned to the Location(s) and provide Contractor a reasonable opportunity to collect all
associated equipment and hardware (except cabling).
S. Support and Maintenance. Contractor will provide all support and maintenance services for
Enhanced Services, including the Tablets, subject to the limitations described herein. At no cost
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to the County, Contractor will replace, at Contractor's cost, one hundred percent (100%) of
deployed Tablets per year. Contractor will retain ownership of the tablets and all licensed
software. Contractor will respond promptly to all support requests; provided, however, that
reports or requests involving the security features of the Tablets will have priority. County
acknowledges that the resolution of certain hardware and software events will be subject to
supply chain lead times, and that Tablets may not be available while being repaired or
maintained. The County will permit Contractor authorized personnel access to the equipment,
information, data, data communication services, and communication lines required for the
installation, operation, and/or maintenance of Enhanced Services, at such times and for such
purposes as reasonably necessary or appropriate to permit Contractor to perform its obligations
herein, subject to County's security requirements and if required, Premise Provider shall provide
security escorts for Contractor personnel.
6. Tablets. Contractor will provide Tablets at a 2:1 inmate to Tablet ratio. For the AD SEG and
Lockdown facilities, Contractor will maintain a 1:1 ratio. Contractor shall have the discretion to
select the brand, type, and other specifications of the Tablets, including the specific services and
applications available on the Tablets, and may replace, upgrade, or substitute the Tablets at any
time during the Term. Tablets shall at all times remain the sole and exclusive property of
Contractor. Each inmate provided with access to a Tablet must agree to accompanying terms and
conditions to be granted use of the Tablet. Contractor will install Tablet charging enclosures
(individually "Station" and collectively "Stations") at locations agreed upon by the Parties.
Contractor will install access points to enable access within each Location, as reasonably
permitted by layout and other characteristics of the Location. Contractor shall ensure that at
least five (5) of the tablets shall be configured to comply with the Americans with Disabilities Act
("ADA").
a. Enhanced Services. Contractor will provide the following Enhanced Services via
the Tablets:
i. Inmate Content Access. Contractor will make available access to certain
content through the Tablets, including music, games, electronic
messaging, eBooks ("Content Access"). Content Access will be provided
on a per minute basis. Content Access will be supplied on a rolling basis as
soon as reasonably practicable following deployment of Enhanced
Services. Contractor reserves the right to add, alter or discontinue any
Content Access.
ii. Video Visitation. On-premises and Remote video visitation with no less
than sixty (60) days online recording storage.
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i. Voice Communication. Contractor will enable Tablets for outbound voice
communications that include the security features and functionality of the
inmate telephone service ("ITS") platform supplied by Contractor.
Headsets equipped with a microphone will be required
ii. Inmate Accounts. All Tablet usage may be purchased with money from an
Inmate Account, which is funded by inmates or their families or friends
(individually "Inmate Account" and collectively "Inmate Accounts").
Inmates fund the Inmate Account by transferring monies from their trust
account. Inmate friends and Family fund an inmate's Inmate Account by
deposits made through Contractor consumer channels. Transaction Fees
may apply. Funds in an Inmate Account may only be returned to an inmate
upon termination of Enhanced Services at all Locations or upon an
inmate's release. Inmate friends and family deposits are final.
iii. Basic Education: Contractor will also provide Edovo's basic education
package which is aligned with most state standards, GED, HiSET, and TASC,
and access to the law library.
iv. Law Library: Contractor agrees to provide LexisNexis law library services at
no cost.
V. Mail Scanning Solution: In accordance with County's request, Contractor
shall make payment to Pigeonly Inc. for mail scanning services, which shall
not require integration onto the Tablets.
b. Contractor Obligations. Contractor will provide one headset to each inmate who
has access to a Tablet, and will supply replacement silicon earbuds for purchase by the inmate
through County's commissary service. Contractor shall have the discretion to select the brand,
type, and other specifications of the Tablets, including the specific services and applications
available on the Tablets, and may replace, upgrade, or substitute any or all of the Tablets at any
time.
C. County Obligations. County must allow: (i) installation and use of a multiple
channel wireless network within the 2.4GHz through 5 GHz bands at all Locations; (ii) use of wired
headphones and lithium batteries for the Tablets; and (iii) installation of Tablet charging
enclosures; and (iv) access to no less than 80% of its inmates to paid Content subject to the
payment by the inmate of Content usage fees listed herein. In addition, County must: (1)
distribute the Tablets to inmates according to its established protocol and procedures and shall
use best efforts to ensure that the Tablets are used for their intended purposes; (2) allow and
facilitate the sale of Headsets, silicon earbuds and other Tablet accessories through its
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commissary without mark up; (3) facilitate the collection, testing, and re-distribution of
accessories, including headsets, and silicon earbuds (4) allow the creation of Inmate Accounts
for use with Contractor's products; (5) allow inmate family and friends to make deposits into
Inmate Accounts; (6) facilitate the integration of Inmate Accounts and commissary accounts for
the real-time exchange of funds, at no charge to Contractor by either County, or its third-party
vendors, if any; (7)facilitate the recycling and reuse of Tablets; (8) provide Contractor with secure
space to store Tablets and other Contractor equipment associated with Enhanced Services; (9)
provide at its expense all necessary power and power source; (10) designate a single point of
contact authorized to act on behalf of the County on all matters involving Enhanced Services,
including reporting to Contractor any damage or malfunction with equipment; (11)distribute one
(1) headset to each inmate who is provided with access to a Tablet the first time; and (12)
prescribe the location for friends and family to send US mail to inmates to the designated mail
scanning facility and exclude any legal mail from being sent, and to provide the requested
authorization to Contractor for opening and scanning of the mail (excluding legal mail). County
will not allow anyone to, tamper with or otherwise modify the Tablets or associated software or
connect the Tablets or associated software to any hardware or software that is not provided by
Contractor for use with Enhanced Services. However, the parties agree that these Tablets and
associate software will be utilized by inmates in the County's Jail Facilities, and the County is not
responsible for any damage to or tampering with Tablets, equipment, and associate software by
such inmates at County's Jail Facilities.
7. Enhanced Services and Accessories Rates. Contractor may apply the following charges
on Enhanced Services and the use of the Tablets. These rates shall not exceed the maximum
rates authorized by PUC and the FCC.
The Parties shall mutually agree to any changes in any pricing. Taxes, and regulatory and other
mandated fees may also apply.
a. Voice Communication will be charged at the same per-minute rate as ITS under this
Agreement.
b. Paid Inmate Content Access:
1. Standard Profile: $0.05 per minute
2. Promotional Profile: $0.03 per minute
3. Free Profile: $0.00 per minute
4. Every inmate will receive each month, [See Appendix C: Rates, Charges, and
other Provisions] minutes of use from the standard profile free of charge.
c. Video Visitation Services:
1. Extended Local Visit Price: No cost
2. Remote Visit Price: [See Appendix C: Rates, Charges, and other Provisions]
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d. Replacement Headphones or Earbuds: $4.00
e. Messaging From Inmate Family and Friends (charged to inmate family and friends):
1. [See Appendix C: Rates, Charges, and other Provisions] per written message
2. [See Appendix C: Rates, Charges, and other Provisions] per photo attachment
(in addition to charge for any written message, if provided)
f. Mail scanning solution. In accordance with County's request, Contractor shall make
payment to Pigeonly Inc. for mail scanning services, which shall not require
integration onto the Tablets.
g. Tablet charging station locks. There is no charge to County for the Tablet charging
station locks.
h. Transaction Fees. Company may charge certain Transaction Fees for Enhanced
Services, excluding Voice Communication and Video Visitation Services, in
accordance with the following amounts:
Automated payment for credit $3.00 per transaction
card, debit card, and bill processing
fees
Live Agent Fee $5.95 per transaction
Third Party Financial Transaction $5.95 per transaction when
Fee transaction is paid via a live agent
$3.00 per transaction when
transaction is paid via automated
payment system
8. Reserved.
9. Additional Terms
a. Monitoring and Recording. County acknowledges that the Enhanced Services provide
County with the ability to monitor and/or record use of the Tablets, including the
ability to monitor and record communication made through the Tablets, and monitor
content streamed on the Tablets. County further acknowledges and agrees that
Contractor has no responsibility to advise County with respect to any law, regulation,
or guideline that may govern or control the recordation or monitoring by County of
the use of the Tablets, or compliance therewith. County has its own legal counsel to
advise it concerning any and all such law, regulation, or guideline, and compliance
therewith, and makes its own determination on when and how to use the monitoring
and recording capabilities supplied through the Agreement. Contractor disclaims any
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responsibility to provide, and in fact has not provided, County any legal advice
concerning such applicable law, regulation, or guideline, or compliance therewith.
County agrees to indemnify, defend, and hold Contractor and its affiliates harmless
from any liability, claims, suits, proceedings, damages, costs, and expenses (including
attorney's fees) relating to any claims made against Contractor arising out of failure
of County (or the Contractor at the direction of the County) to comply with such law,
regulation or guideline. However, it is understood that before an inmate can use the
Tablet, the inmate must review and accept Contractor's Terms of Use. Additionally,
there is an acknowledgment feature in Contractor's system to allow the County to
customize a notice to inmates.
b. Limitation of Liability
CONTRACTOR AND ITS AFFILIATES AND SUPPLIERS WILL IN NO WAY BE RESPONSIBLE,
OR LIABLE FOR, AND CONTRACTOR IN NO WAY, GUARANTEES THE EFFICACY OR USE
OF, THE TABLETS, HEADPHONE CORDS, OR OTHER ACCESSORIES, OR THE USE OF ANY
DEVICE OR ACCESSORY IN ANY RELATED ACTIVITIES BY ANY TABLET SERVICE USERS,
INMATES OR COUNTY PERSONNEL. CONTRACTOR AND ITS SUPPLIER ARE IN NO WAY
RESPONSIBLE FOR ANY FORESEEN OR UNFORESEEN PHYSICAL HARM OR OTHER
INJURY CAUSED BY THE USE OR MISUSE OF THE TABLETS, HEADPHONES, OR RELATED
ACCESSORIES BY INMATES IN COUNTY'S FACILITIES. COUNTY IS SOLELY RESPONSIBLE
FOR KEEPING CORDS AWAY FROM THOSE WHO PRESENT RISK TO THEMSELVES OR
OTHERS.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, ENHANCED SERVICES
AND EACH OF ITS COMPONENTS, INCLUDING THE TABLETS, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, CONTRACTOR AND ITS LICENSORS AND SUPPLIERS, AND THEIR
RESPECTIVE AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, AND LACK OF VIRUSES, AND ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY OF ENHANCED SERVICES.
CONTRACTOR DOES NOT WARRANT THAT ENHANCED SERVICES WILL MEET YOUR
REQUIREMENTS, BE ERROR-FREE OR THAT ALL ERRORS MAY BE CORRECTED.
CONTRACTOR DOES NOT WARRANT THAT USE OF ENHANCED SERVICES WILL BE
CONTINUOUS OR UNINTERRUPTED AND CONTRACTOR WILL NOT BE RESPONSIBLE OR
LIABLE FOR ANY INTERRUPTION OF TRANSMISSION IN CONNECTION WITH
ENHANCED SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
CONTRACTOR OR ITS SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE AFFILIATES BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE
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OR PROFITS, OR FOR BUSINESS INTERRUPTION RELATING TO OR ARISING OUT OF
ENHANCED SERVICES, INCLUDING THE TABLETS, EVEN IF CONTRACTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
C. REMOVAL OF PROPERTY.
UPON THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, CONTRACTOR SHALL
REMOVE ANY AND ALL PROPERTY, INCLUDING TABLETS AND ALL RELATED
EQUIPMENT, LOCATED IN THE JAIL FACILITIES WITHIN THIRTY (30) DAYS FOLLOWING
THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, WITH THE COOPERATION
OF THE COUNTY. IF CONTRACTOR FAILS TO REMOVE ANY SUCH PROPERTY FROM THE
JAIL FACILITIES WITHIN SUCH TIME, AND SUCH FAILURE CONTINUES FOR FORTY-FIVE
(45) DAYS FOLLOWING THE EXPIRATION OR TERMINATION OF THIS AGREEMENT, ALL
PROPERTY NOT REMOVED SHALL BECOME THE PROPERTY OF COUNTY.
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Appendix C: Rates, Charges, and other Provisions
I. Rates, Charges, and other Provisions. Upon the effective date of this Agreement, the rates,
charges, and other provisions of this Agreement outlined in this Appendix C will be the terms
listed in the second column labeled "At Effective Date of Agreement".
The rates listed below are pursuant to the Federal Communications Commission's ("FCC")
final Report and Order, Order on Reconsideration, Clarification and Waiver, and Further
Notice of Proposed Rulemaking (the "FCC Order") to implement the provisions of the Martha
Wright-Reed Just and Reasonable Communications Act of 2022 ("MWR Act") governing
incarcerated people's communications services ("IPCS").
Pursuant to the September 30, 2024, release of the California Public Utilities Commission
("CPUC") Staff Proposal, and effective on the implementation date of the resulting CPUC
Order for permanent rates for incarcerated persons calling services, Rulemaking 20-10-002,
the rates, charges, commissions, and other provisions of this Agreement will be amended as
set forth in the third column labeled "Upon Implementation Date of CPUC Order". In the
event the CPUC Order imposes requirements that differ from the September 30, 2024, CPUC
Staff Proposal, the Parties shall renegotiate the Agreement.
At Effective Upon
Section/ Date of Implementation
Element Date of CPUC
Agreement Order
Appendix A $0.06 $0.045
Section 3/
Interstate ITS
Rate per minute
of use
Appendix A $0.06 $0.045
Section 3/
Intrastate ITS
Rate per minute
of use
Appendix A $0.06 $0.06
Section 3/
International
ITS Rate per
minute of use
Appendix A Two (2) ten- One (1) ten-
Section 3/ Free minute calls per minute call per
Calling Program week week
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Appendix A $0 per year $0 per year
Section 5 / ITS
Commissions
Appendix B One hundred None (0)
Section 7.b - and twenty
Free Tablet (120)
Minutes of Use
(MOU) per
inmate—
Standard Profile
Appendix B $0.11 $0.11
Section 7.c -
Video Rate
Appendix B $0.25 $0.30
Section 7.e1 -
Messaging
Appendix B $0.20 $0.25
Section 7.e2 -
Photo
Attachment
Appendix B $0 per year $0 per year
Section 7.g-
Tablet
Commission
Appendix B $0 per year $0 per year
Section 7.h -
Video
Commission
I. Systems Technician. At no cost to the County, the Contractor shall provide two (2) full-time,
on-site, Systems Technicians during the term of this Agreement.
II. Additional Features. The following additional features will be provided to the County at no
cost.
Additional Features
Voice IQ— Initial and Continuous (Voice
Biometric)
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Call IQ— Basic and Advanced (Intelligent
keyword search)
Called Party IQ— Inmate to Inmate call
detection
Phone IQ— Phone type identification
Data IQ— Investigative Data Analysis
365 Day On-Line Recording Storage
60 Day On-Line Video Recording Storage
Live Monitoring
Call Detail Reporting Tools
CD Burning Tools
PREA Support
24X7 Technical Support
Hot Alert
Audit Tools
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Appendix D: Service Level
Service Title: Technical Support Service Case Resolution (SLA-1)
Description: ViaPath is expected to acknowledge, respond, and resolve service cases within
the specifications cited in this service level agreement employing the case classification
framework provided.
Services included: Service availability, accessibility, and functionality.
• Inmate Telephone Services
• Video Visitation Services
• Tablet Services
Standard: System is available for use and performs as expected.
Service Levels:
Service Status (SS) Description Target Response Time
Outage (System) Service is unavailable 30 mins
Degraded (System) Service is experiencing localized 1 hour
degradation
Issue (Features) Service Technical or Administrative issues 8 hours
Request (Features) Facility or User service request 2 business days
Business Impact (BI) Description Target Response Time
Major Business Function is unavailable Determined by Service Status
Serious Business Function is degraded Determined by Service Status
Moderate Business Function is affected Determined by Service Status
Minor/None Business Function is not affected Determined by Service Status
Service Response:
Priority Criteria Resolve AQL Penalty
Level Time
P1 - Outage System/service is not 8 hours 1 Business N/A
available or 50% or more Day
of a facility or a single
housing unit service
outage
P2 — Degraded System/service/device is 24 hours 2 Business N/A
available but functioning Days
in a degraded state for
25%-50% of a facility or a
single housing unit.
P3 — Services are available but 72 hours 5 Business N/A
Degraded - Moderate technical or administrative Days
Issue — Moderate issues are affecting
Request - Moderate normal operations for the
facility.
P4 — Request Service/Change requests. Case 7 Business N/A
Dependent Days for non-
dev
Measures and Key Performance Indicators (KPls)
• Response Time: Clock commences with ViaPath internal discovery and/or notification by either
email, Service Now, or phone call by technician or facility representative and stops when the
Case is created and the POC is notified by Service Now via email.
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• Resolution Time: Clock commences when the Case is created and stops when the case is
moved to resolved state and the POC is notified via email that the problem is resolved.
• KPIs: KPIs are presented in the Service Response table above.
Clarification, Exceptions & Limitations
Exceptions
Circumstances beyond control of ViaPath such as:
• Facility does not permit access.
• Facility does not provide escort (if applicable)
• ISP system failure (no internet access)
• Facility power failure
• Natural Disaster
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Appendix E: Orange County Contract
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Contract No. MA-060-21011490
Inmate Communication Services
This Contract, hereinafter referred to as "Contract" is made and entered into as of the date fully
executed by and between the County of Orange, a political subdivision of the State of California, hereinafter
referred to as "County," and Global Tel*Link Corporation dba ViaPath Technologies, with a place of
business at 3120 Fairview Park Drive, Suite 300, Falls Church, VA 22042 hereinafter referred to as
"Contractor,"with County and Contractor sometimes referred to as"Party",or collectively as"Parties."
ATTACHMENTS
This Contract is comprised of this document and the following Attachments,which are attached
hereto and incorporated by reference into this Contract:
Attachment A—Scope of Work
Attachment B—Rates and Fees
Attachment C—Revenue Share and Cost Recoupment
Attachment D—County Supplied Items and Assistance
Attachment E—Implementation Plan
Attachment F—Service Escalation Matrix
Attachment G—Tool Control Policy
Attachment H—Labor and Material Payment Bond/Performance Bond
RECITALS
WHEREAS Contractor responded to County's Request for Proposal ("RFP") for Inmate
Communication Services and represented that its proposed services shall meet or exceed the requirements and
specifications of the RFP; and
WHEREAS Contractor agrees to provide Inmate Communication Services to the County as further set
forth in the Scope of Work, attached hereto as Attachment A; and
WHEREAS County agrees to pay Contractor based on the schedule of fees set forth in Payment and
Pricing Provisions,attached hereto as Attachment B; and
WHEREAS,the County Board of Supervisors has authorized the Purchasing Agent or his designee to
enter a Contract for Inmate Communication Services with the Contractor.
NOW,THEREFORE,the Parties mutually agree as follows:
DEFINITIONS
[THE DEFINITIONS WILL BE FINALIZED BASED ON THE PROPOSAL RESPONSES RECEIVED IN
PART 3,CONTRACTOR 'S PROPOSAL]
Application: A computer program that is intended to be executed for the purpose of performing useful work
for the user of the information being processed. Applications are developed or otherwise acquired by the user
of the Hardware/Software system,but they maybe supplied by the Contractor.
Average Daily Population (ADP): The daily population summed for the entire month and divided by
the number of days in the period of measurement.
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Blocked Call Numbers: Phone numbers that are blocked from being able to be called on either a system-
wide basis or a case-by-case basis, as verified by the County. These numbers are programmable into the ITS
by the Contractor or OCSD. Contractor shall not delete,add,or change any restricted number without approval
of OCSD.
Call Detail Records(CDRs): A data record produced by a telephone exchange or other telecommunications
equipment that documents the details of a telephone call or other telecommunications transaction that passes
through that facility or device.
Collect Call: A telephone call in which the calling party wants to place a call at the called party's expense.
Contractor: The Contractor, subcontractors, agents, resellers, third parties and affiliates who are providing
the services agreed to under the Contract.
Data: Any information,algorithms,or other content that the County,the County's employees,agents and end
users,review,receive,upload,create or modify using the Software and/or Hardware pursuant to this Contract,
including but not limited to telephone call and visitation recordings and debit and commissary account
information, whether originating, stored, or transmitted to or from local, state, or federal sources, including
databases, Software, or systems. Data also includes user identification information and metadata which may
contain Data or from which the County's Data may be ascertainable. Non-Public Data is information
considered to be privileged or confidential in nature and not subject to public availability. Personal Data is
personal information, as defined by Civil Code Section 1798.3.
Data Breach: Any access,destruction,loss,theft,use,or disclosure of Data by an authorized or unauthorized
party that is in violation of applicable state or federal law.
Documentation or Documents: Manuals and other materials necessary or useful to the County in its use or
maintenance of the Equipment, Hardware, Software, or services provided hereunder. Manuals and other
materials customized for the County hereunder constitute Work Product, excluding Contractor's proprietary
manuals and materials.
Dual-Tone Multifrequency (DTMF): A telecommunication signaling system using the voice-frequency
band over telephone lines between telephone equipment and other communications devices and switching
centers.
End-User Payment Options or Electronic Trust Account Deposit User Application: The process and
system to be established by the Contractor so inmates may pay for Inmate Telephone System(ITS)and Tablet
services through multiple funding methods. End-user payment options will include a process for payment with
inmate funds, including transfer from their trust/commissary account, telephone funding (both live agent and
automated), and online funding through Contractor's website and mobile application.
Equipment: The necessary items, physical resources and implements used in providing the
telecommunication services contained in this Contract, including but not limited to Hardware and
Machines/Devices.
Hardware: Usually refers to equipment, machines, devices, parts, and other physical components of a
computer,telephone, or other electronic systems, and is contrasted with Software.
Human Error: Any action or inaction on the part of a contractor's employee, agent, subcontractor,reseller,
third party or affiliate that prevents the accomplishment of the Software, Hardware, or System's intended
functions and the services specified in the Scope of Work.
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Incident: An event or occurrence that prevents the accomplishment of the Software, Hardware, or System's
intended functions per the Contract terms,including the services specified in the Scope of Work,and security
incidents, data breaches,technical failures, or human error.
Inmate Telephone System(ITS): The total system for providing calling services to inmates,which includes
equipment,hardware, software,telephones.
Inmate Communication Services(Services): All of the services to be provided by the Contractor including
the ITS,installation,connectivity, streaming ability,maintenance,support services, storage,security,training,
and all other services and items included in the Contract.
Interlata: Refers to a call that originates from one Local Access and Transport Area(LATA) and terminates
within another.
Interstate: Refers to a call from one state to another state or U.S.territory.
Intralata: Refers to a call that both originates and terminates within the same LATA.
Intrastate: Refers to a call that both originates and terminates within the same state.
Jail Management System(JMS)-The software management system in use at the correctional facilities. The
current County JMS is County designed, deployed,and maintained.
Local Access and Transport Area(LATA):A geographic market or region within which telephone calls are
routed. LATAs are typically identified by numeric code.
Machine or Device: An individual unit of a System, which may be separately identified by a type and/or
model number, comprised of but not limited to mechanical, electro-mechanical, and electronic parts,
microcodes, and special features installed thereon, and including any necessary Software.
Maintenance Services or Maintenance or Support: Assistance, repair, and/or modification of Software or
Hardware after delivery to correct faults or errors, delete obsolete capabilities, and/or enhance or improve
capabilities,performance or other attributes, as specified in the Scope of Work.
Payment Kiosks: Kiosks for the lobbies in County Facilities that shall, at a minimum,have the capability to
load funds to an inmate's debit and commissary accounts and receive court fines/fees from the public.
Portable Document Format(PDF): A format used to display documents in an electronic form independent
of the software,hardware or operating system they are viewed on.
Personal Identification Number (PIN): An inmate specific, unique numeric identification number used to
complete telephone calls within the inmate telephone system(ITS).
Personal Allowable Number (PAN): A pre-determined maximum number of allowed/approved telephone
numbers that an inmate is allowed to call.
Private Call Numbers: Phone numbers that have been specifically approved and identified by the County
or the Court and when called cannot be audibly monitored.
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Security Incident: The unauthorized access or misuse of the service by authorized users or third parties not
under Contractor's control to Personal Data or Non-Public Data. A Security Incident may or may not turn into
a Data Breach.
Software: Refers to programs, routines, applications or other operating information used by a computer or
electronic system, and is contrasted with Hardware.
Streaming Services: Movies,music,games and other activities and services where access for use is provided
through the intranet for a fee paid by the inmate.
System: The complete collection of Hardware, Software and services as described inthis Contract, integrated
and functioning together, and performing in accordance with this Contract.
Tablets: A mobile computer with a touchscreen display that is service enabled to make telephone calls and
provide free and fee-based services and access to content including books,movies,music and games.
Technical Failure: A malfunction in the Contractor-supplied Hardware or Software that prevents the
accomplishment of the services specified in the Scope of Work. A malfunction of the Hardware prevents the
accomplishment of the Hardware's intended functions and services specified in the Scope of Work. A
malfunction of the Software prevents the accomplishment of intended services even though the Hardware may
be functioning properly. Technical failures include, but are not limited to, an improper or incomplete
conversion or upgrade of the Hardware or Software.
Telecommunications Device for the Deaf (TDD): An electronic telecommunications device for text
communication over a telephone line that is designed for use by persons with hearing or speech difficulties.
Telephones: The telephones used by inmates for calls, including wall mounted,roll around and TDD phones.
Unbillable Number: A phone number that Contractor has determined cannot receive collect calls because the
accounts of the owner of the phone number are not in good standing for failure to pay. The call recipient and
inmate shall be provided the opportunity to complete the call by a prepaid format, including through the
inmate's debit account. If both the call recipient and inmate decline to continue the call in a prepaid format,
the service provider may stop the call from continuing.
Users: Any County staff,inmate, or end user that would be using the technologies described herein.
Video Relay Services (VRS): A form of Telecommunications Relay Service that enables persons with
hearing disabilities who use American Sign Language to communicate with voice telephone users through
video equipment,rather than through typed text.
Video Visitation Solution(VVS): The system for providing either on-site or remote video visitation services
to inmates,which includes equipment,hardware, software.
ARTICLES
General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California
and shall be governed by and construed under the laws of the state of California. In the event of any
legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of
competent jurisdiction located in Orange County, California, and the parties hereto agree to and do
hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
26
Furthermore, the parties specifically agree to waive any and all rights to request that an action be
transferred for adjudication to another county.
B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the
matters herein, and there are no restrictions, promises, warranties or undertakings other than those set
forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or
binding on County unless authorized by County in writing. Electronic acceptance of any additional
terms,conditions or supplemental Contracts by any County employee or agent,including but not limited
to installers of software, shall not be valid or binding on County unless accepted in writing by County's
Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in
writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be
binding on either of the parties; and no exceptions, alternatives, substitutes, or revisions are valid or
binding on County unless authorized by County in writing.
D. Taxes: Unless otherwise provided herein or by law,price quoted does not include California state sales
or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and
sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers
are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax
directly to the State of California in lieu of payment of sales tax to the Contractor.
E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves the
right to refuse any goods or services and to cancel all or any part of the goods not conforming to
applicable specifications, drawings, samples or descriptions or services that do not conform to the
prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to
accept future shipments nor deprive it of the right to return goods already accepted at Contractor's
expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County.
Delivery shall not be deemed to be complete until all goods or services have actually been received and
accepted in writing by County.
F. Acceptance: Unless otherwise agreed to in writing by County,acceptance shall not be deemed complete
unless in writing and until all the goods/services have actually been received, inspected, and tested to
the satisfaction of County.
G. Warranty: Contractor expressly warrants that the goods/services covered by this Contract are 1)free of
liens or encumbrances,2)merchantable and good for the ordinary purposes for which they are used,and
3)fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an
agreement upon Contractor's part to indemnify,defend and hold County and its indemnities as identified
in paragraph "Z" below, and as more fully described in paragraph "Z," harmless from liability, loss,
damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of
the failure of the goods/services to conform to such warranties, faulty work performance, negligent or
unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or
statutes,including the Occupational Safety and Health Act(OSHA)and the California Industrial Safety
Act. Such remedies shall be in addition to any other remedies provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this
Contract,Contractor shall be solely responsible for clearing the right to use any patented or copyrighted
materials in the performance of this Contract. Contractor warrants that any software as modified through
services provided hereunder will not infringe upon or violate any patent,proprietary right,or trade secret
right of any third party. Contractor agrees that, in accordance with the more specific requirement
contained in paragraph"Z"below,it shall indemnify, defend and hold County and County Indemnitees
harmless from any and all such claims and be responsible for payment of all costs, damages,penalties
and expenses related to or arising from such claim(s), including, costs and expenses but not including
attorney's fees.
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I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs,
successors, executors, administrators and assigns of the parties. Furthermore, neither the performance
of this Contract nor any portion thereof may be assigned by Contractor without the express written
consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this
Contract without the express written consent of County shall be invalid and shall constitute a breach of
this Contract.
J. Non-Discrimination: In the performance of this Contract,Contractor agrees that it will comply with the
requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors
to engage in discrimination in employment of persons because of the race,religious creed,color,national
origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such
persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties
pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, County has the right to
immediately terminate this Contract without penalty for cause or after 30 days' written notice without
cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any
misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the
Contract shall relieve County of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no
breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to
have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether
express or implied, shall not constitute consent to, waiver of, or excuse for any other different or
subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither
Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an
employee of County. Neither Contractor, its employees nor anyone working under Contractor shall
qualify for workers' compensation or other fringe benefits of any kind through County.
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps
and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the
professional quality,technical assurance,timely completion and coordination of all documentation and
other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work
diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor,
supervision,machinery,equipment,materials,and supplies,shall at its sole expense obtain and maintain
all permits and licenses required by public authorities, including those of County required in its
governmental capacity, in connection with performance of the work. If permitted to subcontract,
Contractor shall be fully responsible for all work performed by subcontractors.
O. Insurance Provisions: Prior to the provision of services under this Contract, the Contractor agrees to
purchase all required insurance at Contractor's expense, including all endorsements required herein,
necessary to satisfy the County that the insurance provisions of this Contract have been complied with.
Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on
deposit with the County during the entire term of this Contract. In addition, all subcontractors
performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the
same terms and conditions as set forth herein for Contractor.
Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this
Contract shall be covered under Contractor's insurance as an Additional Insured or maintain insurance
subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow
subcontractors to work if subcontractors have less than the level of coverage required by County from
Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance
requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor
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to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this
Contract for inspection by County representative(s)at any reasonable time.
All self-insured retentions(SIRS)shall be clearly stated on the Certificate of Insurance. Any self-insured
retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be
approved by the County's Risk Manager, or designee, upon review of Contractor's current audited
financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation of,
any other indemnity provision(s)in this Contract, agrees to all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all liability,
claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's
performance of this Contract, Contractor shall defend the County at its sole cost and expense
with counsel approved by Board of Supervisors against same; and
2) Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty to
indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which
the duty to defend stated above applies,and the Contractor's SIR provision shall be interpreted
as though the Contractor was an insurer and the County was the insured.
If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract,
the County may terminate this Contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure
A.M. Best's Rating) and VIII(Financial Size Category as determined by the most current edition of the
Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not
mandatory, that the insurer be licensed to do business in the state of California (California Admitted
Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's performance
and financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and
coverage as set forth below:
Coverage Minimum Limits
Commercial General Liability $2,000,000 per occurrence
Including Sexual Misconduct $4,000,000 aggregate
Automobile Liability including coverage $1,000,000 per occurrence
for owned,non-owned and hired vehicles
Workers Compensation Statutory
Employers Liability Insurance $1,000,000 per occurrence
Network Security&Privacy $1,000,000 per claims-made
Liability
29
Technology Errors&Omissions $1,000,000 per claims-made
$1,000,000 aggregate
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form
CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA
00 20, or a substitute form providing coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad
naming the County of Orange its elected and appointed officials, officers, agents and employees
as Additional Insured's, or provide blanket coverage, which will state AS REQUIRED BY
WRITTEN CONTRACT.
2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as
broad evidencing that the Contractor's insurance is primary and any insurance or self-insurance
maintained by the County of Orange shall be excess and non-contributing.
The Network Security and Privacy Liability policy shall contain the following endorsements which shall
accompany the Certificate of Insurance:
1) An Additional Insured endorsement naming the County of Orange, its elected and appointed
officials, officers, agents and employees as Additional Insured's for its vicarious liability.
2) A primary and non-contributing endorsement evidencing that the Contractor's insurance is
primary and any insurance or self-insurance maintained by the County of Orange shall be excess
and non-contributing.
3) The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving
all rights of subrogation against the County of Orange, its elected and appointed officials, officers,
agents and employees or provide blanket coverage,which will state AS REQUIRED BY WRITTEN
CONTRACT.
County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance with broader
coverage, higher limits, or both, than what is required under this Agreement, then the County requires
and is entitled to the broader coverage,higher limits, or both.
All insurance policies required by this Contract shall waive all rights of subrogation against the
County of Orange, its elected and appointed officials, officers, agents and employees when acting
within the scope of their appointment or employment.
Contractor shall notify County in writing within thirty(30)days of any policy cancellation and ten(10)
days for non-payment of premium and provide a copy of the cancellation notice to County. Failure
to provide written notice of cancellation may constitute a material breach of the Contract,upon which
the County may suspend or terminate this Contract.
If Contractor's Professional Liability, Technology Errors & Omissions and/or Network Security
& Privacy Liability are "Claims-Made" policy(ies), Contractor shall agree to maintain coverage for
two (2)years following the completion of the Contract.
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The Commercial General Liability policy shall contain a severability of interest's clause also known as
a"separation of insured's"clause(standard in the ISO CG 0001 policy).
Insurance certificates should be forwarded to the agency/department address listed on the solicitation.
If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of
notification by CEO/Purchasing or the agency/department purchasing division, award may be made to
the next qualified vendor.
County expressly retains the right to require Contractor to increase or decrease insurance of any of the
above insurance types throughout the term of this Contract. Any increase or decrease in insurance will
be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does
not deposit copies of acceptable Certificates of Insurance and endorsements with County incorporating
such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without
further notice to Contractor, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's
liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor
act in any way to reduce the policy coverage and limits available from the insurer.
P. Changes: Contractor shall make no changes in the work or perform any additional work without the
County's specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Contractor agrees that
if there is a change or transfer in ownership of Contractor's business prior to completion of this Contract,
the new owners shall be required under terms of sale or other instruments of transfer to assume
Contractor's duties and obligations contained in this Contract and complete them to the satisfaction of
County.
County reserves the right to immediately terminate the Contract in the event the County determines that
the assignees is not qualified or is otherwise unacceptable to the County for the provision of services
under the Contract.
In addition, Contractor has the duty to notify the County in writing of any change in the Contractor's
status with respect to name changes that do not require an assignment of the Contract. The Contractor
is also obligated to notify the County in writing if the Contractor becomes a party to any litigation against
the County, or a party to litigation that may reasonably affect the Contractor's performance under the
Contract, as well as any potential conflicts of interest between Contractor and County that may arise
prior to or during the period of Contract performance.While Contractor will be required to provide this
information without prompting from the County any time there is a change in Contractor's name,conflict
of interest or litigation status,Contractor must also provide an update to the County of its status in these
areas whenever requested by the County.
The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that
could result in a conflict with County interests. In addition to the Contractor,this obligation shall apply
to the Contractor's employees, agents, and subcontractors associated with the provision of goods and
services provided under this Contract. The Contractor's efforts shall include, but not be limited to
establishing rules and procedures preventing its employees,agents, and subcontractors from providing
or offering gifts, entertainment, payments, loans or other considerations which could be deemed to
influence or appear to influence County staff or elected officers in the performance of their duties.
R. Force Majeure: Contractor shall not be assessed or be found in breach during any delay beyond the time
named for the performance of this Contract caused by any act of God, war, civil disorder, employment
strike or other cause beyond its reasonable control,provided Contractor gives written notice of the cause
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of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any
available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County-related
records and information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this Contract. All such records and information
shall be considered confidential and kept confidential by Contractor and Contractor's staff, agents and
employees.
T. Compliance with Laws: Contractor represents and warrants those services to be provided under this
Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions,
ordinances,requirements,and regulations(collectively"laws"),including,but not limited to those issued
by County in its governmental capacity and all other laws applicable to the services at the time services
are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor
to ensure such compliance,and pursuant to the requirements of paragraph"Z"below, Contractor agrees
that it shall defend,indemnify and hold County and County INDEMNITEES harmless from all liability,
damages, costs and expenses arising from or related to a violation of such laws.
U. Intentionally left blank.
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid,void,or unenforceable,the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each
parry shall bear their own attorney's fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and
knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented
by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly
declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party
further acknowledges that they have not been influenced to any extent whatsoever in executing this
Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule
or law(including California Civil Code Section 1654)or legal decision that would require interpretation
of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived.
The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the
parties and this Contract.
Y. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal and
State statutes and regulations regarding the employment of aliens and others and that all its employees
performing work under this Contract meet the citizenship or alien status requirement set forth in Federal
statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder,
all verification and other documentation of employment eligibility status required by Federal or State
statutes and regulations including,but not limited to,the Immigration Reform and Control Act of 1986,
8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor
shall retain all such documentation for all covered employees for the period prescribed by the law. The
Contractor shall indemnify, defend with counsel approved in writing by County,and hold harmless,the
County, its agents, officers, and employees from employer sanctions and any other liability which may
be assessed against the Contractor or the County or both in connection with any alleged violation of any
Federal or State statutes or regulations pertaining to the eligibility for employment of any persons
performing work under this Contract.
Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by County,
and hold County, its elected and appointed officials, officers, employees, agents and those special
districts and agencies which County's Board of Supervisors acts as the governing Board ("County
Indemnitees") harmless from any claims, demands or liability of any kind or nature, including but not
32
limited to personal injury or property damage, arising from or related to the services,products or other
performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor
and County by a court of competent jurisdiction because of the concurrent active negligence of County
or County Indemnitees,Contractor and County agree that liability will be apportioned as determined by
the court. Neither party shall request a jury apportionment.
AA. Audits/Inspections: Contractor agrees to permit the County's Auditor-Controller or the Auditor-
Controller's authorized representative (including auditors from a private auditing firm hired by the
County) access during normal working hours to all books, accounts, records, reports, files, financial
records,supporting documentation,including payroll and accounts payable/receivable records,and other
papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance
under this Contract. The inspection and/or audit will be confined to those matters connected with the
performance of the Contract including, but not limited to,the costs of administering the Contract. The
County will provide reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Contractor's records before final payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three years after final
payment, unless a longer period of records retention is stipulated under this Contract or by law.
Contractor agrees to allow interviews of any employees or others who might reasonably have
information related to such records. Further, Contractor agrees to include a similar right to the County
to audit records and interview staff of any subcontractor related to performance of this Contract.
Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this
agreement shall be forwarded to the County's project manager.
BB. Expenditure Limit: The Contractor shall notify the County of Orange assigned Deputy Purchasing
Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the
Contract. The County will not be responsible for any expenditure overruns and will not pay for work
exceeding the dollar limit on the Contract unless a change order to cover those costs has been issued.
CC. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract
may be contingent upon state budget approval;receipt of funds from, and/or obligation of funds by,the
state of California to County;and inclusion of sufficient funding for the services hereunder in the budget
approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such
approval, funding or appropriations are not forthcoming, or are otherwise limited, County may
immediately terminate or modify this Contract without penalty.
DD. Revenue Contract: This is a revenue contract. The County shall not be responsible for any payments to
Contractor for the good/services provided to the County hereunder. Contractor payments to the County
shall be made in accordance with Attachment C "Revenue Sharing and Cost Recoupment." Payments
made to the County shall not preclude the right of the County from thereafter disputing any items or
services involved or billed under this Contract and shall not be construed as acceptance of any part of
the services.
Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies the contractual terms and conditions by which the County
will procure and receive services from Contractor as further detailed in the Scope of Services,identified
and incorporated herein by this reference as"Attachment A."
2. Term of Contract: This Contract shall commence upon execution of all necessary signatures, and
continue for three (3) calendar years from that date, unless otherwise terminated by County. This
Contract may be renewed as set forth in paragraph 3 below.
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3. Renewal: This Contract may be renewed by mutual written agreement of both Parties for seven (7)
additional one(1)year terms.The County does not have to give reason if it elects not to renew. Renewal
periods may be subject to approval by the County of Orange Board of Supervisors.
4. Adjustments—Scope of Work: No adjustments made to the Scope of Work will be authorized without
prior written approval of the County assigned Deputy Purchasing Agent.
5. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or
conditions of this Contract shall be a material breach of this Contract. In such event the County may,
and in addition to any other remedies available at law,in equity,or otherwise specified in this Contract:
a. Terminate the Contract immediately,pursuant to Section K herein;
b. Afford the Contractor written notice of the breach and ten calendar days or such shorter time
that may be specified in this Contract within which to cure the breach;
c. Discontinue payment to the Contactor for and during the period in which the Contractor is in
breach; and
d. Offset against any monies billed by the Contractor but yet unpaid by the County those monies
disallowed pursuant to the above.
6. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title
VI and Title VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of
1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with
Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting
discrimination on the basis of race, color, national origin, ethnic group identification, age, religion,
marital status, sex or disability.
7. Conflict of Interest — Contractor's Personnel: The Contractor shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the best interests of the
County. This obligation shall apply to the Contractor;the Contractor's employees,agents,and relatives;
sub-tier Contractors;and third Parties associated with accomplishing work and services hereunder. The
Contractor's efforts shall include,but not be limited to establishing precautions to prevent its employees
or agents from making, receiving, providing or offering gifts, entertainment, payments, loans or other
considerations which could be deemed to appear to influence individuals to act contrary to the best
interests of the County.
8. Conflict of Interest—County Personnel: The County of Orange Board of Supervisors policy prohibits
its employees from engaging in activities involving a conflict of interest. The contractor shall not,during
the period of this contract,employ any County employee for any purpose.
9. Contractor's Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct
the Contractor's efforts in fulfilling Contractor's obligations under this Contract. This Project Manager
shall be subject to approval by the County and shall not be changed without the written consent of the
County's Project Manager,which consent shall not be unreasonably withheld.
The Contractor's Project Manager and key personnel shall be assigned to this project for the duration of
the Contract and shall diligently pursue all work and services to meet the project time lines. Key
personnel are those individuals who report directly to the Contractor's Project Manager.
The County's Project Manager shall have the right to require the removal and replacement of the
Contractor's Project Manager from providing services to the County under this Contract. The County's
Project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish
the removal within five (5) business days after written notice by the County's Project Manager. The
County's Project Manager shall review and approve the appointment of the replacement for the
Contractor's Project Manager. The County is not required to provide any additional information,reason
34
or rationale in the event it requires the removal of Contractor's Project Manager from providing further
services under the Contract.
10. Contractor Personnel—Reference Checks: The Contractor warrants that all persons employed to provide
service under this Contract have satisfactory past work records indicating their ability to accept the kind
of responsibility anticipated under this Contract. Contractor's employees assigned to this project must
meet character standards as demonstrated by background investigation and reference checks,
coordinated by the agency/department issuing this Contract.
11. Contractor's Expense: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on County sites during the
performance of work and services under this Contract. The County will not provide free parking for any
service in the County Civic Center.
12. Contractor's Records: The Contractor shall keep true and accurate accounts, records, books and data
which shall correctly reflect the business transacted by the Contractor in accordance with generally
accepted accounting principles. These records shall be stored in Orange County for a period of three
years after final payment is received from the County. Storage of records in another county will require
written approval from the County of Orange assigned DPA.
13. Conditions Affecting Work: The contractor shall be responsible for taking all steps reasonably necessary
to ascertain the nature and location of the work to be performed under this contract and to know the
general conditions which can affect the work or the cost thereof. Any failure by the contractor to do so
will not relieve contractor from responsibility for successfully performing the work without additional
cost to the County. The County assumes no responsibility for any understanding or representations
concerning the nature,location(s)or general conditions made by any of its officers or agents prior to the
execution of this contract, unless such understanding or representations by the County are expressly
stated in the contract.
14. Data—Title To and Use: All materials, documents, data or information obtained from the County data
files or any County medium furnished to or accessible by the Contractor in the performance of this
contract("County Data")will at all times remain the property of the County. County Data also includes
user identification information and metadata which may contain County Data or from which County
Data may be ascertainable. Contractor acknowledges and agrees that, as between the Parties, County
owns all right,title, and interest in all County Data.
a. County Data may not be used or copied for direct or indirect use by Contractor,except as required
in connection with performance of Contractor's duties under this Contract or as specifically
directed by County in writing. Contractor shall not access County user accounts or County Data,
except: (1) in the course of the provision of services/operations of the Mobile Fingerprint ID
Solution systems, (2) in response to service or technical issues, (3) as required by the express
terms of this Contract, (4) as required by law. Nothing herein shall be construed to confer any
license or right to the Data, including user tracking and exception Data within the system, by
implication, estoppel or otherwise, under copyright or other intellectual property rights, to any
thirdparty unless the County gives prior express written consent and Contractor binds such third
party to confidentiality and non-disclosure terms that are at least as protective of Contractor's
and County's interests as the terms stated herein.
b. Unauthorized use of County Data by Contractor, its officers, directors,employees,or agents, or
third parties is prohibited. For the purposes of this requirement, the phrase "unauthorized use"
includes,but is not limited to:(1)using for any purpose other than as required under this Contract
in connection with providing the services hereunder; (2) disclosing, selling, assigning, leasing,
or otherwise providing to third parties; (3) modifying or merging it with other Data; (4) Data
mining or processing of Data for unrelated commercial purposes, advertising or advertising-
related purposes, or for any other purpose other than security or service delivery analysis that is
not explicitly authorized; (5) using the Data in any way after completion or termination of this
35
contract without the express written consent of the County; or (6) doing (or refraining from
doing) any other thing that may in any manner adversely affect the integrity, security, or
confidentiality of such County Data, other than as specified herein or as directed by County in
writing.
c. All County Data, including copies, must be promptly returned or delivered to County upon
County's written request or upon expiration or termination of this Contract,pursuant to Paragraph
24 of Additional Terms and Conditions ("Termination—Orderly"). Contractor shall provide a
notarized written statement to County certifying that all County Data has been returned or
delivered to County, and that no County Data has been retained by Contractor,unless permitted
by law.
15. Reprocurement Costs: In case of Contract breach by Contractor,resulting in termination by the County,
the County of Orange may procure the services from other sources. If the cost for those services is
higher than under the terms of the existing Contract,Contractor will be responsible for paying the County
the difference between the Contract cost and the price paid, and the County may deduct this cost from
any unpaid balance due the Contractor. The price paid by the County shall be the prevailing market
price at the time such purchase is made. This is in addition to any other remedies available under this
Contract and under law.
16. Disputes—Contract:
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the
dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a
reasonable period of time by the Contractor's Project Manager and the County's Project Manager,
such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the
following process:
1. The Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a
written demand for a final decision regarding the disposition of any dispute between the parties
arising under, related to, or involving this Contract, unless the County, on its own initiative,
has already rendered such a final decision.
2. The Contractor's written demand shall be fully supported by factual information,and, if such
demand involves a cost adjustment to the Contract, the Contractor shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith,that the supporting data are accurate and complete, and that the amount requested
accurately reflects the Contract adjustment for which the Contractor believes the County is
liable.
B. Pending the final resolution of any dispute arising under, related to, or involving this Contract,the
Contractor agrees to diligently proceed with the performance of this Contract,including the delivery
of goods and/or provision of services. The Contractor's failure to diligently proceed shall be
considered a material breach of this Contract.
Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be
signed by the County Deputy Purchasing Agent or his designee. If the County fails to render a decision
within ninety (90) days after receipt of the Contractor's demand, it shall be deemed a final decision
adverse to the Contractor's contentions. Nothing in this section shall be construed as affecting the
County's right to terminate the Contract for cause or termination for convenience as stated in section K
herein.
17. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor
shall be complete and shall be carefully checked by the professional(s)identified by Contractor as project
36
manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that
County review is discretionary and Contractor shall not assume that the County will discover errors
and/or omissions. If the County discovers any errors or omissions prior to approving Contractor's
reports, files and other written documents,the reports,files or documents will be returned to Contractor
for correction. Should the County or others discover errors or omissions in the reports, files or other
written documents submitted by the Contractor after County approval thereof, County approval of
Contractor's reports, files or documents shall not be used as a defense by Contractor in any action
between the County and Contractor, and the reports, files or documents will be returned to Contractor
for correction.
18. Equal Employment Opportunity: The Contractor shall comply with U.S. Executive Order 11246
entitled,"Equal Employment Opportunity"as amended by Executive Order 11375 and as supplemented
in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as
may now exist or be amended in the future. The Contractor shall not discriminate against any employee
or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital
status,political affiliation or physical or mental condition.
Regarding handicapped persons,the Contractor will not discriminate against any employee or applicant
for employment because of physical or mental handicap in regard to any position for which the employee
or applicant for employment is qualified. The Contractor agrees to provide equal opportunity to
handicapped persons in employment or in advancement in employment or otherwise treat qualified
handicapped individuals without discrimination based upon their physical or mental handicaps in all
employment practices such as the following: employment, upgrading, promotions, transfers,
recruitments,advertising,layoffs,terminations,rate of pay or other forms of compensation,and selection
for training,including apprenticeship. The Contractor agrees to comply with the provisions of Sections
503 and 504 of the Rehabilitation Act of 1973, as amended,pertaining to prohibition of discrimination
against qualified handicapped persons in all programs and/or activities as detailed in regulations signed
by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in
the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the
future.
19. Contractor Personnel — Drug-Free Workplace: The Contractor hereby certifies compliance with
Government Code Section 8355 in matters relating to providing a drug-free workplace. The Contractor
will:
a. Publish a statement notifying employees that unlawful manufacture, distribution,dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken
against employees for violations, as required by Government Code Section 8355(a)(1).
b. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2)
to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The organization's policy of maintaining a drug-free workplace;
iii. Any available counseling,rehabilitation and employee assistance programs; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide as required by Government Code Section 8355(a)(3) that every employee who works
under this Contract:
i. Will receive a copy of the company's drug-free policy statement; and
37
ii. Will agree to abide by the terms of the company's statement as a condition of employment
under this Contract.
Failure to comply with these requirements may result in suspension of payments under the Contract or
termination of the Contract or both,and the Contractor may be ineligible for award of any future County
Contracts if the County determines that any of the following has occurred:
a. The Contractor has made false certification, or
b. The Contractor violates the certification by failing to carry out the requirements as noted above.
20. EDD Independent Contractor Reporting Requirements: Effective January 1,2001,the County of Orange
is required to file federal Form 1099-Misc for services received from a"service provider"to whom the
County pays $600 or more or with whom the County enters into a contract for $600 or more within a
single calendar year. The purpose of this reporting requirement is to increase child support collection
by helping to locate parents who are delinquent in their child support obligations. (See Exhibit D.)
The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8,
subparagraph B.2 as "an individual who is not an employee of the service recipient for California
purposes and who received compensation or executes a contract for services performed for that service
recipient within or without the state." The term is further defined by the California Employment
Development Department to refer specifically to independent contractors. An independent contractor is
defined as "an individual who is not an employee of the ... government entity for California purposes
and who receives compensation or executes a contract for services performed for that ... government
entity either in or outside of California."
The reporting requirement does not apply to corporations, general partnerships, limited liability
partnerships, and limited liability companies.
Additional information on this reporting requirement can be found at the California Employment
Development Department web site located at http://www.edd.ca. og v/Payroll_Taxes/FAQ-
California Independent_Contractor Reporting htm
21. News/Information Release: The contractor agrees that it will not issue any news releases in connection
with either the award of this contract or any subsequent amendment of or effort under this agreement
without first obtaining review and written approval of said news releases from the County through the
County's project manager.
22. Notices: Any and all notices, requests demands and other communications contemplated, called for,
permitted,or required to be given hereunder shall be in writing,except through the course of the parties'
project managers' routine exchange of information and cooperation during the terms of the work and
services. Any written communications shall be deemed to have been duly given upon actual in-person
delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than
four calendar days after being mailed by US certified or registered mail,return receipt requested,postage
prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications
shall be addressed to the appropriate party at the address stated herein or such other address as the parties
hereto may designate by written notice from time to time in the manner aforesaid.
For Contractor: Global Tel*Link Corporation dba ViaPath Technologies
3120 Fairview Park Drive, Suite 300
Falls Church,VA 22042
Attention: Claudia Regen
3120 Fairview Park Drive, Ste 300
Falls Church,VA 22042
38
For County: County of Orange
Sheriff-Coroner Department/Purchasing Unit
320 N. Flower St
Santa Ana, CA 92703
Attention: Lorena Quirarte, Supervising PCS
Email: lguirartegocsheriff.gov
County of Orange
Sheriff-Coroner Department/Inmate Services Division
1530 S. State College Blvd
Anaheim, CA 92806
Attn: Buffy O'Neil
Email: boneil e,ocsd.ocsheriff.gov
23. Precedence: The Contract documents consist of this Contract and its attachments and exhibits. In the
event of a conflict between or among the Contract documents, the order of precedence shall be the
provisions of the main body of this Contract,i.e.,those provisions set forth in the articles of this Contract,
and then the exhibits and attachments.
24. Termination—Orderly: After receipt of a termination notice from the County of Orange,the Contractor
shall submit to the County a termination claim, if applicable. Such claim shall be submitted promptly,
but in no event later than sixty(60) days from the effective date of the termination, unless one or more
extensions in writing are granted by the County upon written request of the Contractor. Upon
termination County agrees to pay the Contractor for all services performed prior to termination which
meet the requirements of the Contract,provided,however,that such compensation plus previously paid
compensation shall not exceed the total compensation set forth in the Contract. Upon termination or
other expiration of this Contract,each Party shall promptly return to the other Party all papers,materials,
and other properties of the other held by each for purposes of execution of the Contract. In addition,
each Party will assist the other Party in orderly termination of this Contract and the transfer of all aspects,
tangible and intangible, as may be necessary for the orderly, non-disruptive business continuation of
each Party.
25. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract. Usage
figures, if provided, are approximate, based upon the last usage. The Contractor agrees to supply
services requested, as needed by the County of Orange, at prices listed in the Contract, regardless of
quantity requested.
26. Gratuities: The Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise,
were offered or given by the Contractor or any agent or representative of the Contractor to any officer
or employee of the County with a view toward securing the Contract or securing favorable treatment
with respect to any determinations concerning the performance of the Contract. For breach or violation
of this warranty,the County shall have the right to terminate the Contract,either in whole or in part,and
any loss or damage sustained by the County in procuring on the open market any goods or services which
the Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies
of the County provided in the clause shall not be exclusive and are in addition to any other rights and
remedies provided by law or under the Contract
27. County Cooperative Contract: The provisions and pricing of this Contract will be extended to other
California local or state governmental entities. Governmental entities wishing to use this Contract will
be responsible for issuing their own purchase documents/price agreements, providing for their own
acceptance, and making any subsequent payments. Contractor shall be required to include in any
Contract entered into with another agency or entity that is entered into as an extension of this Contract
39
a Contract clause that will hold harmless the County of Orange from all claims, demands, actions or
causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected
with the use of this contract. Failure to do so will be considered a material breach of this Contract and
grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all
certificates of insurance and bonds required. The Contractor is responsible for providing each
cooperative entity a copy of the Contract upon request by the cooperative entity. The County of Orange
makes no guarantee of usage by other users of this Contract.
The Contractor shall be required to maintain a list of the cooperative entities using this Contract. The
list shall report dollar volumes spent annually and shall be provided on an annual basis to the County,at
the County's request.
28. Reports/Meetings: The Contractor shall develop reports and any other relevant documents necessary to
complete the services and requirements as set forth in this contract. The County's project manager and
the Contractor's project manager will meet on reasonable notice to discuss the Contractor's performance
and progress under this contract. If requested, the Contractor's project manager and other project
personnel shall attend all meetings. The Contractor shall provide such information that is requested by
the County for the purpose of monitoring progress under this contract.
29. Security Requirements:
A. Contractor shall,with respect to all employees of Contractor performing services hereunder:
1. Perform background checks as to past employment history.
2. Inquire as to past criminal felony convictions.
3. Ascertain that those employees who are required to drive in the course of performing
services hereunder have valid California driver's licenses and no DUI convictions
within two(2)years prior to commencement of services hereunder.
4. Perform drug screening to determine that such employees are not users of illegal
controlled substances as defined by federal law.
B. Contractor shall not assign to County property any Contractor personnel as to whom the
foregoing procedures indicate:
1. Inability or unwillingness to perform in a competent manner.
2. Past criminal convictions for theft, burglary or conduct causing property damage or
mental or physical harm to persons.
3. Where such employee's duties include driving a vehicle, absence of a valid California
driver's license or a DUI conviction within the prior two (2)years.
4. Usage of illegal controlled substances as defined by federal law.
C. If any of the problems identified with respect to Contractor's employees are discovered after
assignment of an employee to County property, or if County otherwise reasonably deems an
assigned employee unacceptable, Contractor shall remove and replace such employee at the
County property.
D. Nothing herein shall render any employee of Contractor an employee of County.
E. The Contractor's Personnel Requirements — All employees must pass the County's
background check and meet all requirements as set forth below:
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1. All personnel to be employed in performance of the work under this Contract shall be
subject to security clearance. Clearance must be updated and renewed every twelve
(12)months from original date of clearance.
2. No person,who is required to enter a secured facility of the Sheriff, shall be assigned
to perform work under this contract that has not received prior clearance from the
Sheriff-Coroner Department.
3. Within fifteen(15)days of the effective date of this Contract,Contractor shall prepare
and submit a complete and accurate "Contractor Security Clearance" information
form for all Contractor's employee who will be working on or who will need access
to the Sheriff-Coroner's facilities to perform work covered by this Contract. County
project manager shall provide form(s)to Contractor's project manager. Contractor is
also responsible for ensuring that anytime an employee is assigned to work on Sheriff-
Coroner's facilities under this contract that a Security Clearance form is submitted
and approved prior to that employee requiring access to such premises for providing
services under this contract.
4. Contractor shall inform employees assigned to perform work within secured facilities
of the Sheriff-Coroner that the employee is required to inform Contractor if/when any
information provided on the security clearance form changes. Contractor shall submit
an updated security clearance form whenever there is a change in information
provided by an employee. Contractor shall be responsible for ensuring to submit
Security Clearance forms in order to renew the Security Clearance(s) every twelve
months. Renewal forms shall be submitted at least ten (10) County working days
prior to the expiration of an existing clearance; a security clearance is valid for 12
months from the date of issuance. If Contractor is submitting an updated form due to
a change in information, said form shall be submitted within in 10 county working
days of the employer becoming aware of the updated information.
5. Contractor Security Clearance information forms will be provided by County Project
Manager upon request and will be screened by the Sheriff-Coroner's Department.
6. Contractor Security Clearance information forms shall be thoroughly and accurately
completed. Omissions or false statements,regardless of the nature or magnitude,may
be grounds for denying clearance.
7. County will not give Contactor the reason an individual's clearance is denied,but will
provide explanation to individual affected via U.S.Mail.
E. General Security Requirement-At Worksite:
1. When performing work at a Sheriff-Coroner facility,all work areas shall be secured prior
to the end of each workday.
2. Workmen shall have no contact, either verbal or physical, with inmates in any facility
while preforming work under this contract. Specifically:
a. Do not give names or addresses to inmates.
b. Do not receive any names or addresses from inmates.
c. Do not disclose the identity of any inmate to anyone outside the facility.
d. Do not give any materials to inmates.
e. Do not receive any materials from inmates (including materials to be passed
to another individual or inmate).
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3. Contractor's personnel shall not smoke or use profanity or other inappropriate language
while on site.
4. Contractor's personnel shall not enter the facility while under the influence of alcohol,
illegal controlled substances as defined under federal law, or other intoxicants, and shall
not have such materials in their possession.
5. Failure to comply with these requirements is a criminal act and can result in prosecution.
6. Contractor's personnel shall plan their activities to minimize the number of times they
must enter and exit a facility, i.e.,transport all tools,equipment,and materials needed for
the day at the start of work and restrict all breaks to the absolute minimum.
7. Contractor's personnel shall follow any special security requirements issued by the on-
site contact person or escort Deputy.
8. Contractor's personnel shall report either to the on-site contact person when leaving the
facility,temporarily or at the end of the workday.
9. Contractor's personnel shall immediately report all accidents, spills, damage, unusual
conditions and/or unusual activities to the on-site contact person or any Sheriff's Deputy.
10. Contractor's personnel shall securely close and check all gates and doors to ensure that
they are tightly closed and locked as they enter and exit various areas of the County
facilities.
11. Contractor's personnel shall restrict all activities to the immediate work site and adjacent
assigned areas necessary to performing work under this Contract.
12. Contractor's personnel shall remain with the assigned escort at all times,unless otherwise
directed by the on-site contact person.
F. Potential Delays/Interruptions:
1. Contractor shall acknowledge that the primary purpose of the detention facilities is the
safe and secure operation of those facilities.
2. Contractor's personnel who enter a Sheriff facility but have not passed the security
screening, or who have falsified the security screening information are subject to
immediate removal from the facility. Contractor's personnel who are assigned to work in
a Sheriff facility who are determined to have outstanding wants or warrants may be
detained by the Sheriff.
3. Contractor's personnel shall immediately comply with all directions and orders issued by
Sheriff's personnel, other than changes regarding the quality or quantity of work, which
will be controlled by County's project manager.
4. Contractor's personnel may be delayed or denied access to the facility due to unforeseen
events that may affect the availability of security escorts.
5. Contractor's personnel may be ordered to leave a facility prior to the completion of their
work or the end of the workday by unforeseen incidents occurring within secure
environments. Such unforeseen incidents may also cause Contractor's personnel to be
held inside the facility until the incident is resolved by the Sheriff's personnel.
6. Contractor may be subject to an inventory requirement where the Contractor shall supply
an inventory list of all tools. The Facility will use this list for verification of tools entering
and exiting security. Any and all time required to comply with the tool inventory and
control program will not be considered a compensable delay and no requests for equitable
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adjustment in time or additional compensation for this time will be considered.
30. Liquidated Damages: It is agreed by and between Contractor and the County that if this Contract is not
correctly and completely performed on time and within the terms of the Contract, substantial injury and
damages will be sustained by the County. Said injury and damages include any additional costs resulting
from a delay in scheduled time frames by Contractor or inability of the goods and/or services to function
properly and/or in accordance with the requirements contained in this Contract. Since it is and will be
impractical and extremely difficult to quantify with certainty the actual injury and damages that the
County will sustain by reason of Contractor's failure to meet certain requirements correctly and on time,
it is therefore agreed that Contractor will pay to the County liquidated damages as set forth herein for
each and every day of delay or failure. Any liquidated damages will be invoiced by County to
Contractor. Payments for the invoiced amount(s) shall be due within thirty (30) days of Contractor's
receipt of the invoice.
In the event the liquidated damages as set forth herein are not paid by Contractor,the County will deduct
the amount of liquidated damages from any monies due Contractor under this contract.
This provision may be invoked at the sole option of the County by notification to the Contractor by
certified return receipt mail.
If this Contract is not correctly and completely performed within the times set forth herein, the County
shall have the right to increase the time for such performance and to waive the liquidated
damages. Nothing herein shall be construed as giving Contractor a right to extra time for performance.
LIQUIDATED DAMAGES
Description
ITS $350.00 per day from the day the
Any changes to the monthly collect call threshold; all unauthorized change was implemented
changes must be approved by County prior to through the date Contractor
implementation. discontinues the unapproved fees
and/or charges.
ITS $1,000.00 per occurrence
Instances where Contractor does not follow County's
direction for the configuration of private call numbers on
an individual or bulk basis or timely response and reporting
to County associated with private number requests.
Tablets $1,000 per occurrence
Any unauthorized applications,website accesses,or related
breach of security whereby inmates are able to access
unapproved networks,materials and/or content.
Tablets $1,000 per month after 60 days and
Failure to maintain adequate inmate to Tablet ratio for until the adequate ratio is met.
more than 60 days(2 months)under circumstances within
Contractor's control.
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All Inmate Communication Services $350.00 per day from the date the
With the exception of applicable taxes and fees required by additional charges/fees were first
law and/or regulation,any charges/fees added to the called added through the date the
party's bill or account or inmate without the express written charges/fees were discontinued.
consent of County.
All Inmate Communication Services $2.00 per completed,unauthorized
Unauthorized free calls,video visitation sessions or Tablet free call.
transactions completed by Contractor, including allowing
access to unauthorized wireless networks.
All Inmate Communication Services $500.00 per month for each user
Remote access to the ITS,WS or Tablet user application application not provided by the due
not provided at the time of initial implementation. date specified.
All Inmate Communication Services 5%per month of the revenue share
Revenue share payments, ITS traffic detail reports, billing amount due for any revenue payment
files, CDRs,WS detail reports, Tablet transaction reports not received by the due date.
and/or all other reports not containing the required fields,
received by the County after the date specified in $750.00 per month for each report not
Attachment A, Section A (General Conditions). If the received by the due date specified or
revenue share payment is late, reporting is late, and/or for each report that does not contain
reports do not contain all required fields, late all of the fields and information
charges/interest for all three shall apply. Revenue share identified in Attachment A, Section
payment discrepancies must be resolved by Contractor and A(General Conditions).
to County's reasonable satisfaction within thirty(30) days
of receipt of notification of a discrepancy from the County $100.00 per day for any daily CDR
and/or its Authorized Representative, or such discrepancy reports not submitted by Contractor or
is subject to late charges as described and/or termination of for each day where the CDR report
this Contract at the sole discretion of the County and/or any does not contain all of the fields and
legal course of action the County elects to pursue. information identified in Attachment
A, Section A(General Conditions).
All Inmate Communication Services $2.00 per completed call,video
Any changes to the rates without the express written visitation session or Tablet transaction
approval of County. Contractor must issue refunds to all which was rated/charged using the
overcharged end-users, to the extent, and after exertion of unauthorized rates(s).
commercially reasonable due diligence efforts, contact
information for such end-user is known to Contractor, or
inmates within five (5) business days; a list of the issued
credits must be provided to County as documentation.
County will not issue a refund of revenue-share or cost
recoupment for unapproved rate increases.
All Inmate Communication Services $500.00 per day for each day the bill
Any bill types, transactions, or applications implemented type,transaction, or applications is
or removed regarding the processing and/or completion of implemented or removed.
inmate telephone calls without the express written consent
of County.
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All Inmate Communication Services $500.00 per day for each day after the
Due to Contractor's action(s), if any installation, initial or agreed-upon date until the installation
additionally requested inmate communications equipment is complete.
is not completed within the timeframe allowed in the
agreed-upon implementation plan.
All Inmate Communication Services $500.00 for each day after the Cure
Contractor shall be responsible for resolving any reported Period and for each reported repair or
repairs or replacements within ten (10) days following the replacement that the Contractor fails to
date of notification of a service request or inmate resolve,until each reported repair or
communication service failure ("Cure Period"). Should replacement is resolved by
Contractor fail to resolve the reported repair or replacement Contractor.
within the specified Cure Period, Contractor may be liable
for liquidated damages.
All Inmate Communication Services $1,000.00 per occurrence.
When County suffers one or more lost, unrecoverable or
un-useable recording(s). County agrees to notify
Contractor of such instances and provide up to seven (7)
days per instance for Contractor to produce the call
recordings.
All Inmate Communication Services $500.00 per occurrence.
Contractor shall adhere to County's performance process
when upgrading each inmate communications service,
software, equipment, or performing any changes to the
inmate communications which affect the scope under this
Contract. Any deviation from the process may result in
liquidated damages incurred by Contractor.
31. Licenses and Adhereance to Laws: Contractor shall, at all times during the term of this Contract,
maintain in full force and effect such licenses as may be required by the State of California or any other
governmental entity for Contractor to perform the duties specified herein and provide the services
required pursuant to this Contract. Contractor shall strictly adhere to, and obey, all governmental rules
and regulations now in effect or as subsequently enacted or modified,as promulgated by any local,state,
or federal governmental entities.
32. Subcontractors: Any subcontractor selected for work associoated with this contract shall be licensed in
the State of California in his/her/its particular field. The Contractor is prohibited from entering into a
contract with any subcontractor if the subcontractor is ineligible to bid, work or be awarded a contract
pursuant to California Labor Code Sections 1777.1 or 1777.7. By an appropriate agreement, written
where legally required for validity,Contractor shall require each subcontractor,to the extent of the work
to be performed by subcontractor,to be bound to the Contractor in terms of the Contract,and to assume
toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract,
assumes toward the County. Contractor shall be fully responsible to County for the acts and omissions
of subcontractors and all persons directly or indirectly employed by them as it is for the acts and
omissions of itself and of persons directly or indirectly employed by it and shall pay each subcontractor
promptly the amount allowed Contractor on account of such subcontractor's work to the extent of such
subcontractor's interest therein.
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33. Bonds: Contractor shall furnish,at time of signing the Contract,one(1)surety bond which shall protect
the laborers and materialmen and shall be for one hundred percent(100%)of the value of the Contract,
and one (1) surety bond in the amount of one hundred percent (100%) of the value of the Contract,
guaranteeing the faithful performance of the Contract; said bonds to be first approved by the office of
the County Counsel and the CEO Risk Manager of Orange County. Such bonds shall be in the form
provided in the Contract (Attachment H) and issued and executed by an admitted surety insurer
(authorized to transact surety insurance in California)acceptable to the County. (E.g.,if bonds are issued
through a surplus line broker,both the surplus line broker and the insurer with whom he is doing business
for purposes of this project must be licensed in California to issue such bonds).
If any surety upon any bond furnished in connection with this Contract becomes unacceptable to County,
or if any such surety fails to furnish reports as to its financial condition from time to time as requested
by County,Contractor shall promptly furnish such additional security as may be required by the County
to protect the interests of County and of persons supplying labor or materials in the prosecution of the
work contemplated by this Contract.
34. Labor Code Requirements: Contractor and all subcontractors shall comply with all applicable
requirements of the Labor Code throughout the performance of the Contract. Contractor and all
subcontractors must comply with the requirements of labor code section 1771.1(a), pertaining to
registration of contractors pursuant to section 1725.5. Registration and all related requirements of those
sections must be maintained throughout the performance of the Contract. This project is subject to
compliance monitoring and enforcement by the Department of Industrial Relations. After award of the
contract,Contractor and each subcontractor shall furnish electronic payroll records directly to the Labor
Commissioner in the manner specified in Labor Code Section 1771.4.
Contractor and any subcontractor(s)shall comply with the provisions of California Labor Code Sections
1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates
of per diem wages and holiday and overtime wages in this locality as determined by the Director of
Industrial Relations. County has obtained the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of
worker needed to execute the Contract from the Director of the Department of Industrial
Relations. Copies of the prevailing wage rates are on file at County's principal office. Copies may also
be obtained from the State Office, Department of Industrial Relations or from the Department of
Industrial Relations website: http://www.dir.ca.gov. Contractor shall post a copy of these wage rates at
the job site for each craft,classification,or type of worker needed in the performance of this Contractor.
If the Contract is federally funded,Contractor and any subcontractor(s)shall not pay less than the higher
of these rates or the rates determined by the United States Department of Labor. Contractor and any
subcontractor(s) shall comply with the provisions of Labor Code Section 1775. Contractor and any
subcontractor(s) shall be subject to a penalty in an amount up to $200, or a higher amount as provided
by Section 1775, for each calendar day,or portion thereof, for each worker paid less than the prevailing
wage rates for any work done by the Contractor or subcontractor(s)under the Contractor.
Contractor shall comply with the provisions of Labor Code Sections 1775(penalties for prevailing wage
violations) and 1813 (forfeiture for overtime violations). Unless the Contract involves a dollar amount
less than that specified in Labor Code Section 1777.5 or does not meet the requirements of that section,
this Contrract is governed by the provisions of Section 1777.5 and Contractor shall comply with Labor
Code Section 1777.5 for all apprenticeable occupations.
As provided by Labor Code Section 1810, 8 hours of labor shall constitute a legal day's work, and 40
hours shall constitute a legal week's work. The time of service of any worker employed under the
Contract shall be restricted to 8 hours during any one calendar day,and 40 hours during any one calendar
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week, except as provided herein. Contractor shall forfeit to COUNTY $25, or a higher amount as
provided by Labor Code Section 1813, for each worker employed in the performance of this Contract
by Contractor or by any subcontractor(s)for each calendar day during which such worker is required or
permitted to work more than the legal day's or week's work, except as provided by Labor Code Section
1815. Contractor and any subcontractor(s) shall comply with the requirements of Labor Code Section
1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly
to the Labor Commissioner in an electronic format, or other format as specified by the Commissioner,
in the manner provided by Labor Code Section 1771.4.
The requirements of Labor Code Section 1776 provides in part:
A. Contractor and any subcontractor(s) performing any portion of the work under this Contract
shall keep an accurate record, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week,and the actual per
diem wages paid to each journeyman, apprentice, worker, or other employee employed by
Contractor or any subcontractor(s) in connection with the work. Each payroll record shall
contain or be verified by a written declaration that it is made under penalty of perjury, stating
both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Labor Code Sections 1771,
1811, and 1815 for any work performed by his or her employees in connection with
the Contract.
B. The payroll records shall be certified and shall be available for inspection at the principal
office of Contractor on the basis set forth in Labor Code Section 1776.
C. Contractor shall inform County of the location of the payroll records, including the street
address, city and county, and shall,within five working days,provide a notice of any change
of location and address of the records.
D. Pursuant to Labor Code Section 1776,Contractor and any subcontractor(s)shall have 10 days
in which to provide a certified copy of the payroll records subsequent to receipt of a written
notice requesting the records described herein. In the event that Contractor or any
subcontractor fails to comply within the 10-day period, he, she or it shall, as a penalty to
County, forfeit$100, or a higher amount as provided by Section 1776, for each calendar day,
or portion thereof, for each worker to whom the noncompliance pertains, until strict
compliance is effectuated. Contractor acknowledges that, without limitation as to other
remedies of enforcement available to County, upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement of the California
Department of Industrial Relations, such penalties shall be withheld from progress payments
then due Contractor. Contractor is not subject to a penalty assessment pursuant to this section
due to the failure of a subcontractor to comply with this section. In the performance of the
terms of this Contract and pursuant to Labor Code Section 1735, Contractor agrees that
he/she/it will not engage in nor permit such subcontractors as he/she/it may employ to engage
in discrimination against any employee or applicant for employment on the basis of race, sex,
color, religion, ancestry, national origin, marital status, age or as an otherwise qualified
physically disabled individual. This prohibition shall pertain to employment, upgrading,
demotion, or transfer; recruitment advertising; layoff or termination; rates of pay and other
forms of compensation; selection for training, including apprenticeship; and any other action
or inaction pertaining to employment matters.
35. State Funds- Audits: When and if state funds are used in whole or part to pay for the goods and/or
services under this Contract, the Contractor agrees to allow the Contractor's financial records to be
audited by auditors from the state of California, the County of Orange, or a private auditing firm hired
by the state or the County. The County or state shall provide reasonable notice of such audit.
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Pursuant to and in accordance with Section 8546.7 of the California Government Code,in the event that
this Contract involves expenditures of Public funds aggregating in excess of Ten Thousand Dollars
($10,000),the parties shall be subject to the examination and audit of the Auditor General of the State of
California for a period of three(3)years after final payment under this Contract.
The Contractor shall maintain records for all costs connected with the performance of this Contract
including,but not limited to,the costs of administering the Contract,materials,labor,equipment,rentals,
permits, insurance, bonds, etc., for audit or inspection by County, State, or any other appropriate
governmental agency during the three(3)year period.
36. Contractor Responsibility: Contractor shall be responsible for having taken steps reasonably necessary
to ascertain the nature and location of the work,and the general,specific and local conditions which can
affect the work or the cost thereof. Any failure by Contractor to do so will not relieve him/her/it from
responsibility for successfully performing the work without additional expense to County. County
assumes no responsibility for any understanding or representations concerning conditions made by any
of its officers, employees or agents prior to the execution of this Contract,unless such understanding or
representations by County are expressly stated in the Contract.
Contractor shall carefully study and compare all drawings, specifications, and other instructions to
identify any errors, inconsistencies, omissions, ambiguities, interference, etc., and shall, at once,report
to the County any and all errors, inconsistencies, omissions, ambiguities, interference, etc., in a timely
manner, before it is a problem. Contractor is responsible for all such problems which are known or
should have discovered by a reasonably diligent review, and performance which are known or should
have known is inconsistent with the general design concept or with industry standards.
38. Data Protection: Protection of personal privacy and Data shall be an integral part of the business
activities of the Contractor to ensure there is no inappropriate or unauthorized use of County Data at
any time. Contractor shall safeguard the confidentiality, integrity, security, and availability of County
Data. To this end, Contractor shall comply with the following conditions:
a. In addition to any other rights and obligations set forth in the Contract in Paragraph S
("Confidentiality") and Paragraph T ("Compliance with Laws") of the General Terms and
Conditions, and in the Scope of Work,the Contractor shall comply as required with:
i. The California Information Practices Act(Civil Code Sections 1798 et seq).
ii. NIST Special Publication 800-53 Revision 4 or its successor.
iii. Privacy provisions of the Federal Privacy Act of 1974.
iv. PCI DSS
b. Contractor must keep and maintain Data in strict confidence, using such degree of care as is
appropriate and consistent with its obligations as further described in this Contract and
applicable law to avoid unauthorized access, use, disclosure, or loss, and Contractor may not
otherwise use, disclose,modify,merge with other Data, commercially exploit,make available
or make any other use of County Data or take, or refrain from taking, any other action that
might, in any manner or form, adversely affect or jeopardize the integrity, security, or
confidentiality of County Data, except as expressly permitted herein or as expressly directed
by County in writing.
c. Excluding uses related to Contractor's performance herein, at no time shall any Personal Data
and Non-Public Data or processes which either belong to or are intended for the use of County
or its officers, agents or employees be copied, disclosed or retained by the Contractor or any
party related to the Contractor for subsequent use in any transaction without the express written
consent of the County except as permitted in Paragraph 14 ("Data—Title To and Use
39. Security Incident,Data Breach, Technical Failure,Human Error:
a. Notwithstanding any other obligations Contractor may have under applicable law,Contractor
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agrees to notify the County within the earlier of either forty-eight(48)hours after discovery
or reasonable belief of any security incident, data breach, technical failure, or human error
(collectively "Incident(s)"), or two (2) hours after Contractor's validation of an actual or
suspected Incident(s). Notification must be given in the most expedient time possible and
without unreasonable delay. Verbal notification may be followed by a written report.
Contractor's notification shall identify:
i. The nature of the Incident(s);
ii. Any Data accessed,used, lost,modified, or disclosed;
iii. Any other impact the Incident(s)may or will have on County or individuals;
iv. The person(s) who accessed, used, lost, modified, or disclosed and/or received
Data(if known);
V. What Contractor has done or will do to quarantine and mitigate the Incident(s),
provided, however, that if the resolution path is unknown at the time notice is
provided, Contractor shall promptly advise County that the resolution path is
unknown and Contractor shall immediately work to determine the resolution path;
vi. Expected resolution time, if known at the time of notice;and
vii. What corrective action Contractor has taken or will take to prevent future
Incident(s).
b. Contractor will provide daily updates, or more frequently if required by the County,
regarding findings and actions performed by Contractor until the Incident(s) has been
effectively resolved to the County's satisfaction.
c. Contractor shall quarantine the Incident(s),ensure secure access to Data,and repairthe system
as needed.
d. If the Contractor causes or knowingly experiences a breach of the security of the Data containing
personal information, as defined by Civil Code Section 1798.3, Contractor shall immediately
report any breach of security of such system to the County's Project Manager,County's Security
Contact,and County Counsel following discovery or notification of the breach in the security of
such Data. The County shall determine whether notification to the individuals whose Data has
been lost or breached is appropriate. If personal information of any resident of California was,
or is reasonably believed to have been acquired by an unauthorized person as a result of a security
breach of such system and Data that is not due to the fault of the County or any person or entity
under the control of the County, Contractor shall bear any and all costs associated with the
County's notification obligations and other obligations set forth in Civil Code Section 1798.29
(d) as well as the cost of credit monitoring, subject to the dollar limitation, if any. These costs
may include,but are not limited to staff time,material costs,postage,media announcements,and
other identifiable costs associated with the breach of the security of such personal information.
e. Contractor shall conduct an investigation of the Incident(s) and shall share the report of the
investigation with the County. The County and/or its authorized agents shall have the right to
lead(if required by law)or participate in the investigation. Contractor shall cooperate fully with
the County,its agents and law enforcement.
f. After any significant Data loss or as a result of any disaster or catastrophic failure that results in
significant Data loss or extended loss of access to Data or services, Contractor shall notify
County by fastest means available and in writing, within the earlier of either twenty-four (24)
hours after Contractor reasonably believes there has been such a Data loss,Data Breach,disaster,
or catastrophic failure, or two (2) hours after Contractor's validation of an actual or suspected
disaster or catastrophic failure. Contractor shall conduct an investigation of the disaster or
catastrophic failure and shall inform County of its preliminary assessment of the scale and
quantity of County Data loss, Contractor's intended actions to recover County Data from
backups and mitigate any deleterious effect of County Data and Services loss, and corrective
action Contractor will take to prevent future loss. Contractor will, at its expense, have an
independent,industry-recognized,County-approved third party perform an information security
audit. The audit results shall be shared with the County within seven (7) days of Contractor's
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receipt of such results.Upon Contractor receiving the results of the audit,Contractor will provide
the County with written evidence of planned remediation within thirty (30) days and promptly
modify its security measures in order to meet its obligations under this Contract.Contractor shall
cooperate fully with County,its agents and law enforcement related to this failure.
40. Incident Resources: In addition to the other obligations that Contractor may have under the Contract,
including Contractor's responsibilities for certain costs in connection with Incidents as provided in
Paragraph 41 of Additional Terms and Conditions ("Incident Costs"), Contractor shall, consistent
with County's reasonable instructions, if any, which will be based on County's assessment of each
Security Incident and that any harm that County reasonably anticipates may result therefrom:
a. Assist in the identification of affected Persons and relevantjurisdictions;
b. Allocate resources and training to manage inquiries;
c. Provide affected Persons with such assistance (e.g., as to the availability and use of credit
monitoring, etc.) as County deems reasonable under the circumstances;
d. Promptly assist County with the delivery of electronic, hard copy, and telephone
notifications to affected individuals, as provided to Supplier by County;and,
e. Undertake a procedural review and audit to determine any appropriate corrective measures to
avoid the recurrence of a similar situation, and promptly report to County all correction actions
taken.
£ Supplier shall not many any announcement or publish or otherwise authorize any broadcast of
any notice or information about an Incident without the prior written consent of and prior written
Approval by the County of the content,media and timing of any such announcement,publication,
or broadcast.
41. Incident Costs: If an Incident results from Contractor's acts or omissions and County determines notice
of the Incident is required to be provided to affected persons, Contractor shall provide the notification
assistance described in Paragraph 40 of Additional Terms and Conditions("Incident Resources")at no
cost to County,including actions necessary to provide notices as required by law. Contractor will bear
all reasonable costs and expenses for mitigation actions incurred as a result of such Incident primarily
caused directly or indirectly by Contractor, including the mitigation costs incurred in connection with
opening and closing accounts, printing new checks, embossing new cards, providing notice, printing
and mailing notices, answering inquiries by affected individuals, and obtaining credit monitoring
services and identity theft insurance for no longer than a one(1)year period or such timeframe as may
be required by applicable Law for those individuals who have been affected by such Incident. In the
event there are damages and/or expenses, including attorney's fees, which Contractor is obligated to
pay and pays under this section, and it is finally determined that liability for such damages and/or
expenses, including attorney's fees, is attributable to acts or omissions by the County, County shall
reimburse Contractor for such damages and/or expenses, including attorney's fees,paid by Contractor
in proportion to the percentage of liability for such damages and/or expenses,including attorney's fees,
finally determined to be attributed to the County.
42. Security Processes: The Contractor shall disclose its non-proprietary security processes and
technical limitations to the County such that adequate protection and flexibility can be attained
between the County and the Contractor. The County and the Contractor shall share responsibilities,
as set forth in Attachment [TBD].
43. Security Failures: County has the right to immediately terminate this Contract with cause pursuant to
Paragraph K ("Termination") of General Terms and Conditions if County in its sole discretion
determines there is a Security Failure.A Security Failure means Contractor or its subcontractors,or the
employees or agents of the foregoing, does not meet the security requirements of this Contract,
including any backup, disaster recovery, or other policies,practices, or procedures related to security
of County Data and County Resources. The remedy provided in this paragraph is not exclusive and is
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in addition to any other rights and remedies provided by law or under this Contract.
44. Inspection,Acceptance, Testing and Reporting:
a. Contractor and its subcontractors will provide and maintain a quality assurance system
acceptable to the County covering goods and/or services under this Contract and will tender to
the County only those goods and/or services that have been inspected and found to confirm to
this Contract's requirements. The Contractor will keep records evidencing inspections and their
result and will make these records available to the County during Contract performance and for
three(3)years after final payment.The Contractor shall permit the County to review procedures,
practices, processes and related documents to determine the acceptability of the Contractor's
quality assurance system or other similar business practices related to performance of the
Contract.
b. Monthly Inspections/Testing: The Contractor shall be required to schedule and conduct monthly
quality assurance inspections and/or testing on all equipment, as outlined in Attachment A,
Section C(Customer Service),to ensure that: (a)the recorded messages played during telephone
calls are functioning properly and are heard by both the inmate and the call recipient; (b)the list
of private call numbers is up-to-date and such calls are not being monitored or recorded; and (c)
the PIN features are working properly.
c. Monthly Reporting: As outlined in Attachment A, Section C(Customer Service),a description
of the actions taken by Contractor during the monthly inspection and/or testing, as well as the
results thereof, shall be documented in a written and/or verbal report to the County Project
Manager, as may be requested by the County,no later than the 10'day of each month.
d. All goods and/or services may be subject to inspection and test by the County or its
authorized representatives. The Contractor shall furnish to inspectors all information and
data as may be reasonably required to perform their inspection. Final inspection, test and
acceptance by the County may be made at destination, notwithstanding any payment or
inspection at the source. County may rely on Contractor's existing quality assurance system
as a substitute for County inspection and testing.
45. Compatibility of Resources: All Services, software, assets, hardware, equipment, and other resources
and materials provided by Contractor to County, otherwise utilized by Contractor, or approved by
Contractor for utilization by County, in connection with this Contract, (collectively, the "Contractor
Resources") must be successfully and fully integrated and interfaced by Contractor and must be
compatible with all applicable County software,hardware, systems, items, andother resources owned
by or leased or licensed to County or that are provided to County by third party contractors
(collectively,the"County Resources"). To the extent any interfaces need to be developed or modified
in order for the Contractor Resources to integrate fully and successfully and be compatible with the
County Resources, Contractor is responsible for the development or modification of such interfaces
and for such integration, and all such activities are deemed to be Services within the scope of this
Contract.
46. Documentation:
a. The Contractor agrees to provide to the County, at no charge, all Documentation as described
within Attachment A, Scope of Work, and updated versions thereof, which are necessary or
useful to the County in its use of the goods and/or services provided hereunder.At no additional
charge to County, Contractor shall provide County with electronic copies of Documentation
developed for County pursuant to this Contract(or otherwise required to be provided to County
under this Contract and which Contractor is authorized to provide) in an editable format, as
requested by County, to enable County to fully utilize, as permitted under this Contract, the
goods and/or services. The Contractor agrees to provide additional Documentation at prices not
in excess of charges made by the Contractor to its other customers for similar Documentation.
b. The Contractor agrees that the County may reproduce Documentation for its own use in
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maintaining the goods. If the Contractor is unable to perform maintenance, the Contractor
agrees to license any other Contractor that the County may have hired to maintain the goods to
use the above noted Documentation. The County agrees to include the Contractor's copyright
notice on any such Documentation reproduced,in accordance with copyright instructions to be
provided by the Contractor.
47. Corrective Action: In the event any goods and/or services provided by the Contractor in the performance
of the Contract should fail to conform to the requirements in this Contract, it shall become the duty of
the Contractor to immediately advise the County of the failure and correct the goods or performance of
services without expense to the County. If corrective action (including but not limited to patches, bug
fixes, updates) is taken by the Contractor in the provision of similar goods or services in other
jurisdictions, such corrective action shall be provided to the County at no additional cost if such
corrective action is needed for the Contractor to meet its obligations under this Contract.
48. Notice Regarding Other Jurisdictions: Contractor shall promptly notify the County Project Manager and
County Counsel upon discovery or reasonable belief of the following: (a) Incident(s) known or
reasonably known to have occurred in the provision of similar inmate/prisoner telecommunication
services in another jurisdiction; (b) any claim or action against, or any loss by, Contractor that involves
or may reasonably be expected to involve similar inmate/prisoner communication services; (c) the
initiation of any government investigation that may result in a finding that Contractor is not in
compliance with all applicable federal, state and local laws.
Notice to County Counsel shall be provided to:
Leon Page
Orange County Counsel
333 W. Santa Ana Blvd., Ste. 407
P.O. Box 1379
Santa Ana, CA 92702
49. Legal Requests and Appearances
a. Responding to Legal Requests: Contractor shall promptly notify the County upon receipt of any
legal requests, including but not limited to subpoenas, court or administrative agency orders,
service of process,or requests by any person or entity(other than Contractor's employees),which
in any way might reasonably require access to the County's Data. Contractor shall notify the
County by the fastest means available and also in writing,unless prohibited by law from providing
such notification. Contractor shall provide such notification within one business day after
Contractor receives the request. Thereafter,Contractor shall comply with such legal requests only
to the extent required by applicable law. In responding to legal requests, Contractor shall take
measures to protect Personal Data or Non-Public Data, the disclosure of which would violate
Contract terms,court orders,and/or applicable state or federal law. Such protective measures may
include,but are not limited to, seeking protective orders or filing the Data under seal. Contractor
shall not respond to legal requests directed to the County unless authorized in writing to do so by
the County.
b. Personal Appearances: Upon request by the County,Contractor shall make appropriate employees
or agents available to appear in court, submit to examination under oath, and cooperate in the
investigation or settlement of a claim. This applies in criminal, civil or administrative legal
proceedings in response to requests or demands for testimony or records concerning information
acquired in the course of an employee or agent performing official duties or because of the
employee's or agent's official status regardless of whether the person would otherwise be subject
to service of a subpoena or other legal process in the State of California.
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50. Cyber Security Audits:
a. Every Contract year, County may audit the Contractor's security standards, via a
security questionnaire and corresponding written verification of the questionnaire with
supporting documentation by Contractor(an"Audit").
b. Contractor will provide to County upon request the most recent third-party SOC 2 Type 2 report.
County may also have the right to review Plans of Actions and Milestones (POA&M) for any
outstanding items identified by the SOC 2 Type 2 report requiring remediation as it pertains to the
confidentiality,integrity, and availability of the County Data.
c. In the event of a Level 1 Security Incident, Contractor's obligations to County under subsection
(f)of paragraph 39,supra, shall apply.
-Signature Page to Follow-
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CONTRACT SIGNATURE PAGE
The Parties hereto have executed this Contract#MA-060-21011490 for Irunate Communication Services on
the dates shown opposite their respective signatures below
Contractor*: Global Tel*Link Corporation dba ViaPath Technologies
By: %I//-�C Title: President and Chief Executive Officer
Print Name: Deb Alderson Date: March 21, 2022
Contractor*: Global Tel*Link Corporation dba ViaPath Technologies
By: - - _ Title: Chief Financial Officer and Treasurer
Print Narn— )hn Pitsenberger Date: March 21, 2022
*If the contracting party is a corporation, (2) two signatures are required: (1) signature by the Chairman of
the Board, the President or any Vice President;and one(1)signature by the Secretary,any Assistant Secretary,
the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind
a corporation, as long as he or she holds corporate offices in each of the two categories described above. For
County purposes,proof ofsuch dual office holding will be satisfied by having the individual sign the instrument
twice, each time indicating his or her office that qualifies under the above described provision.
In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution
demonstrating the legal authority of the signature to bind the company.
County Of Orange
A political subdivision of the State of California
Sheriff-Coroner Department
A
By. - _ I't- , Title:
Print Name: s? "i L � f�t�-L-�Date:
Approved by the Board of Supervisors:
Approved as to Form
Office of the County Counsel
Orange County,California
By
Deputy
Countv of Orange Page 32 of 87
Sheriff Coroner Department Inmate Communication Services Fite No.:CO21597
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ATTACHMENT A
SCOPE OF WORK
Contractor shall provide comprehensive Inmate Communication Services that will include state of the art
technology and will adhere to all industry standards, best practices, and applicable laws. Contractor shall
provide, install and maintain various inmate communication solutions inclusive of an inmate and visitation
telephone system (ITS), video visitation solution (VVS), correctional-grade tablets (Tablets) and payment
kiosks. ITS services will be provided for the Sheriff and Probation; VVS, Tablets and payment kiosks will be
provided for the Sheriff only.
One of the key objectives is to enable inmates to communicate with family,friends and others in the community
while also controlling inmate usage and limiting the use of the ITS, VVS, and Tablets for illicit activity. A
necessary part of the service is to ensure the safety and security of staff, inmates, and the public through the
use of current technology.
Contractor shall provide the services in County facilities at no cost to the Sheriff,Probation or the County. All
cost for services shall be the responsibility of the Contractor, including but not limited to, equipment,
installation, connectivity, maintenance, storage, hardware, software, security, training, and any other
implementation services necessary to furnish the County with state of the art technology and equipment to
meet the specification herein.
CONDITIONSSECTION A - GENERAL
REQUIREMENT SUBSECTION I -PROJECT SCOPE
NUMBER DESCRIPTION
Contractor shall provide a turn-key inmate calling solution which shall include,without
limitation, collect, pre-paid collect, pre-paid card, debit and free calls and visitation
sessions. Contractor shall install and operate all inmate and visitation telephones, and
related equipment. Contractor shall, without cost to County,provide all wiring for the
1.001 inmate and visitation telephones, install the inmate and visitation telephones and the
related hardware and software specifically identified herein, to enable inmates at the
Facilities to complete,without limitation,local,long distance and/or international,pre-
paid collect,pre-paid card,debit and free calls and visitation sessions from the Facilities.
Contractor shall provide a turn-key video visitation solution(VVS)which shall include,
without limitation, automated scheduling software and the completion of remote video
visitation sessions at the County's Sheriff Facilities. Contractor shall install and operate
all video visitation stations and related equipment. Contractor shall, without cost to
1.002 County, provide all wiring for the video visitation stations, install the video visitation
stations and related hardware and software specifically identified herein, to enable
visitors/end-users to schedule and complete onsite and remote video visitation sessions
with inmates at the Sheriff Facilities.
Contractor shall provide a correctional-grade mobile device/tablet solution("Tablets")
for Sheriff Facilities at no cost the County. The Tablets shall, at a minimum, have the
1.003 capability to access various content to applications including VVS, mobile calling,
electronic messaging, education, instructional material, entertainment, media, inmate
requests, medical requests, inmate grievances/requests, commissary ordering, law
library, and religious content.
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Contractor shall provide booking and lobby/payment kiosks ("Kiosks") for Sheriff
1.004 Facilities at no cost the County. The kiosks shall, at a minimum,have the capability to
load funds to an inmate's debit and commissary/trust accounts and receive court
fines/fees from the public.
SUBSECTIONREPORTING
2.001 Gross Revenue generated by and through the ITS consists of all compensation,earnings,
gain, income, generated revenue, payment, proceeds or receipts paid to or received by
Contractor that are in any way connected to the provision of ITS service pursuant to this
Contract. Gross Revenue includes, by way of example and not limitation, all the
following: all surcharges; per minute fees and any additional fees and/or charges
generated by the completion of all calls (including any combination of free, collect,
debit, and pre-paid Local, Intralata/Intrastate, Intralata/Interstate, Interlata/Intrastate,
Interlata/Interstate and International calls); additional fees and/or charges added to the
total cost of a call or added to the called parry's bill;or any other compensation received
by Contractor.
2.002 Contractor shall not reduce total Gross Revenue (as defined above) for any deductions
associated with fees, adjusted durations, unbillable calls, bad debt, uncollectible calls,
taxes, fraudulent calls, or any other Contractor expense.
2.003 Any additional fees to be added to the called parry's bill or paid by the calling or called
party (including those associated with establishing/funding pre-paid collect accounts)
for inmate telephone calls from Sheriff Facilities must be approved by County prior to
implementation.
2.004 County shall notify Contractor of any unapproved additional fees and/or charges
associated with ITS of which County becomes aware are. The unapproved fees and/or
charges are subject to liquidated damages as specified in Additional Terms and
Conditions#30.
2.005 Should County and Contractor mutually agree that the charges/fees are to be
discontinued, Contractor shall refund each called party for the unapproved charges/fees
from the date the charges/fees were implemented until the date the charges/fees were
discontinued.
2.006 For ITS, Contractor shall pay the greater of$83,333.33 MMG($999,999.96 annually),
or the monthly revenue share amount of 64%, calculated on Gross Revenue as defined
in this section as specified in Attachment A, Section L (Rates, Fess, and Revenue
Share). The MMG/Revenue Share payments shall be due and payable on or before the
15th of each month following the month of traffic.
2.007 County shall recoup from Contractor$50,000.00 monthly for certain administrative and
operational expenses("Administration Fee")in connection with the provision of inmate
communication services as specified in Attachment A. Section L (Rates, Fees, and
Revenue Share).The Administration Fee shall be due and payable on or before the 15th
of each month.
2.008 Should a federal,state or local regulatory agency issue a ruling that significantly lowers
the calling rates or fees in the Contract, Contractor shall adjust the calling rates and
make them in compliance with the calling rates implanted by the regulatory agency or
terminate the Contract without penalty to County so that County may select another
Contractor.
2.009 Notwithstanding the foregoing, Gross Revenue does not include the following items:
2.010 Required regulatory charges and taxes that are intended to be paid by the called
party or inmate and then remitted 100%by the billing party to the appropriate
governmental agency.
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2.011 A"Free"call shall be defined as a call not generating any revenue or
compensation for Contractor. Calls to telephone numbers that appear on the free
call list supplied by County or from inmate telephones approved by County to
process free calls shall not generate revenue or compensation for Contractor and
shall not be eligible for revenue-share to County. Only those numbers
designated by County on the free call list and inmate telephones approved by
County to process free calls shall be marked as"Free"in the ITS and designated
as such in the call detail records. In the event Contractor receives revenue or
compensation,notwithstanding the source,from any third party related to a
completed free call, such revenue shall be included in Gross Revenue and
eligible for revenue-share to County. Unauthorized free calls are subject to
liquidated damages asspecified in Additional Terms and Conditions#30.
2.012 Complimentary calls associated with Contractor's pre-paid collect program are
not included in Gross Revenue and revenue share is not payable by Contractor.
2.013 Pre-Paid Collect Funding Fees -Pre-paid collect funding fees are defined as
fees imposed on called parties who set up or fund a pre-paid collect account
with Contractor or a third party(i.e.,Western Union)to accept calls. The pre-
paid collect funding fee shall not be applied on a per-call basis. All pre-paid
collect fees must be approved by County and are subject to liquidated damages
asspecified in Additional Terms and Conditions#30.
2.014 A call is deemed complete,and considered part of Gross Revenue(as described above),
when a connection is made between the inmate and the called party, whether such
connection is established by positive acceptance or by live or automated machine pick-
up (e.g. when the ITS considers a tone from an answering machine, voicemail as
acceptance). The call shall be deemed complete and eligible for revenue-share
regardless if Contractor can bill or collect revenue on the call.
2.015 Contractor agrees that it is entirely responsible for calculating, collecting and remitting
all fees and taxes, including sales tax where applicable, on all services and items
provided to the inmates, including but not limited to any and all taxes as applicable for
the ITS services such as collect, debit,pre-paid and any other calls.
2.016 Revenue-share for pre-paid cards shall be based on the face value of the pre-paid cards
purchased by County. Revenue-share shall be due to County in the traffic month County
placed the pre-paid card order and payable as described in Section A (General
Conditions).
2.017 Contractor shall invoice County the full amount of the pre-paid cards purchased within
15 days of receipt of the pre-paid cards.
2.018 Should County cancel the pre-paid card services at the Facilities, Contractor shall
deactivate any unused pre-paid cards which have a full balance at the time of the
cancellation of the pre-paid card program. The final pre-paid card invoice shall include
a credit for all unused pre-paid cards which have a full balance.
2.019 Revenue share for debit calls shall be based upon total Gross Revenues (as defined
above) generated from debit call purchase or usage and is payable as described in this
Section A(General Conditions).
2.020 On the 5th day of the month following the month of traffic, Contractor shall submit a
monthly invoice and corresponding debit purchase or usage report to County for the full
amount of the debit purchased or used (less any issued refunds) for the prior traffic
month.
2.021 Payments and reports for ITS are due to County on or before the 15th day of the month
following the traffic month.
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2.022 Contractor shall provide monthly revenue share and Administration Fees and traffic
detail reports to County via these methods:
2.023 County requests that all payments be sent via wire transfer; and
2.024 Contractor shall send the traffic detail reports electronically in Comma Separated
Values(CSV)format.
2.025 Traffic detail reports shall include a detailed breakdown of all ITS activity, including
but not limited to all collect, pre-paid and debit calls for each inmate telephone at the
Facilities:
2.026 Facility Name;
2.027 Facility Identification Number;
2.028 Facility Address (Street, City, State and Zip);
2.029 Automatic Number Identifier;
2.030 Inmate Telephone Station Port/Identifier;
2.031 Inmate Telephone Location Name;
2.032 Local Calls,Minutes,Gross Revenue(Per Inmate Telephone);
2.033 Intralata/Intrastate Calls,Minutes,Gross Revenue(Per Inmate Telephone);
2.034 Interlata/Intrastate Calls,Minutes, Gross Revenue(Per Inmate Telephone);
2.035 Intralata/Interstate Calls,Minutes,Gross Revenue(Per Inmate Telephone);
2.036 Interlata/Interstate Calls,Minutes,Gross Revenue(Per Inmate Telephone);
2.037 International Calls,Minutes Gross Revenue(Per Inmate Telephone);
2.038 Revenue Share Rate(%);
2.039 Total Calls,Minutes, Gross Revenue and Revenue Share Amount(Per Inmate
Telephone); and
2.040 Traffic Period and Dates.
2.041 Contractor shall supply a report of all pre-paid card orders processed during the traffic
month to include (at a minimum) the order date, invoice number, invoice date, gross
amount of the order,revenue-share rate and revenue-share total.
2.042 Contractor shall provide daily raw Call Detail Records (CDRs) the next business day
following the day of traffic and monthly billing files to County no later than the 15th
day of the month following the month of traffic.
2.043 The daily raw CDRs shall contain all calls (both attempted and completed) which
originate from Sheriff facility(s) for each day and each time of the day for the period
said raw CDRs are requested. The raw CDRs shall contain the unedited data including
all fields and all field content which is legally permitted to be released. The CDRs shall
be accompanied with a complete file map and complete file legend.The raw CDRs shall
include(without limitation)the following fields:
2.044 Facility Name;
2.045 Facility Identification Number;
2.046 From ANI;
2.047 To ANI;
2.048 Batch Number/ID;
2.049 From City;
2.050 From State;
2.051 To City;
2.052 To State;
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2.053 Station Port/Identifier;
2.054 Phone Name or Location;
2.055 Inmate Name;
2.056 Inmate Identification Number;
2.057 Personal Identification Number;
2.058 Pre-Paid Card Identification Number;
2.059 Revenue Period;
2.060 Call Start(yymmdd;mmss);
2.061 Call End(yymmdd;mmss);
2.062 Seconds;
2.063 Call Type(e.g. local,etc.);
2.064 Bill Type(e.g. free,collect, etc.);
2.065 Call Cost;
2.066 Tax;
2.067 Validation Result;
2.068 Termination Reason;
2.069 LIDB Status/Code; and
2.070 Completion/Accept Indicator.
2.071 Contractor shall provide a miscellaneous charges/fees report which shall include a
breakdown of all charges and fees applied to (without limitation) calls and accounts
from the Facilities covered under the Contract, including but not limited to: single call
fee(s), pre-paid collect funding fee(s), collect billing fee(s) regardless of whether the
charge/fee was assessed directly by Contractor or a third party. The miscellaneous
charges/fees report shall contain without limitation the following information:
2.072 Facility Identification Number;
2.073 Date;
2.074 County Identification Number;
2.075 To ANI;
2.076 Billed Account;
2.077 Transaction Type;
2.078 Bill Type;
2.079 Fee Type;
2.080 Instance Type; and
2.081 Fee Amount.
2.082 Revenue share payments, usage detail reports, or reports not containing the required
fields, received by County after the date specified above are subject to liquidated
damages as specified in Additional Terms and Conditions#30.
SUBSECTIONPAYMENT
59
VVS Gross Revenue consists of all compensation, earning, gain, income, generated
revenue,payment,proceeds or receipts paid to or received by Contractor and in any way
connected to the provision of video visitation service pursuant to this Contract. Gross
3.001 Revenue includes, by way of example and not limitation, the following: all costs,
charges, and fees added to the total cost to visitors or inmates for the
completion/scheduling of all remote video visitation sessions, or any other
compensation received by Contractor for the completion of all remote video visitation
sessions.
3.002 Notwithstanding the foregoing, Gross Revenue does not include the following items:
A "Free"video visitation session defined as a video visitation session not
generating any revenue or compensation for Contractor. Approved video
visitation sessions included on the free video visitation list shall not generate
any revenue or compensation for Contractor and shall not be eligible for
3.003 revenue share to County. Only those visitors or inmates designated by County
to process free video visitation sessions shall be marked as "Free" in the VVS
and designated as such in the VVS detail records.
Required regulatory charges and taxes that are intended to be paid by the visitor
3.004 or inmate and then remitted 100%by the billing party to the appropriate
overnmental agency.
If Contractor receives revenue or compensation, notwithstanding the source, from any
3.005 third party related to a completed video visitation session between an inmate and a
visitor, such revenue shall be included in Gross Revenue and revenue share shall be
payable to County.
Any additional fees to be charged to inmates or visitors for video visitation sessions
3.006 from the Facilities must be approved by County prior to implementation. County and
Contractor shall mutually agree on the method of revenue share due to County
associated with the additional charges/fees.
County shall notify Contractor of any unapproved fees and/or charges associated with
3.007 the VVS of which County becomes aware.Unapproved fees and/or charges are subject
to liquidated damages as specified in Additional Terms and Conditions#30.
Should County and Contractor mutually agree that the charges/fees are to be
3.008 discontinued, Contractor shall refund each visitor or inmate for the unapproved
charges/fees from the date the charges/fees were implemented until the date the
charges/fees were discontinued.
A video visitation session is deemed complete and considered part of Gross Revenue
3.009 (as described above),when the video visitation session is scheduled and a connection is
made by both parties.
Payments and reports for video visitation sessions are due to County on or before the
3.010 15th day of the month following the activity/session month.
Contractor shall provide monthly video visitation detail records, in CSV format,which
3.011 shall include a detailed breakdown of activity for all video visitation sessions,including
but not limited to:
3.012 Facility Name;
3.013 Facility Identification Number/Site Identification Number;
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3.014 VVS Station Identifier;
3.015 VVS Station Location Name;
3.016 Free Video Visitation Sessions,Minutes(Per VVS Station);
3.017 Remote Video Visitation Sessions,Minutes and Gross Revenue(Per VVS
Station);
3.018 Revenue Share(Per VVS Station);
3.019 Total Video Visitation Sessions,Minutes Gross Revenue; and
3.020 Traffic Period and Dates.
Contractor shall pay 25%, calculated on Gross Revenue as defined in this section as
specified in Attachment A, Section L (Rates, Fess, and Revenue Share). Revenue
3.021 share payments, usage detail reports, or reports not containing the required fields,
received by County after the date specified above are subject to liquidated damages as
specified in Additional Terms and Conditions#30.
SUBSECTIONi REVENUE SHARE, PAYMENT AND REPORTING
Gross Revenue generated by and through the proposed Tablet solution consists of all
compensation,earning, gain, income,generated revenue,payment,proceeds or receipts
paid to or received by Contractor in any way connected to the provision of Tablets
4.001 pursuant to the terms of this Contract. Gross Revenue includes,by way of example and
not limitation, all of the following: all per minute fees, application charges, equipment
costs and any additional fees/charges generated by the accessibility of Tablets and all
additional per-minute fees charged to the inmate and any other compensation received
by Contractor.
Contractor shall absorb all costs of providing Tablets, including the provision of
4.002 support,maintenance,necessary hardware, software,bandwidth,wiring,infrastructure,
fee collection and accounting.
4.003 Notwithstanding the foregoing, Gross Revenue does not include the following items:
A'Tree"transaction or application defined as a transaction or application not
generating any revenue or compensation for Contractor. Approved Tablet
transactions or applications shall not generate any revenue or compensation for
Contractor and shall not be eligible for revenue share to County. Only those
4.004 transactions or applications designated by County as "free" shall be marked as
"Free" in the Tablet solution and designated as such in the Tablet detail records.
Required regulatory charges and taxes that are intended to be paid by the end-
4.005 user or inmate and then remitted 100%by the billing party to the appropriate
governmental agency.
If Contractor receives revenue or compensation, notwithstanding the source, from any
4.006 third party related to Tablets, such revenue shall be included in Gross Revenue and
Contractor shall pay a revenue share to County.
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Any additional fees to be charged to end-users or inmates for the use of Tablets or Tablet
4.007 applications at the Facilities must be approved by County prior to implementation.
County and Contractor shall mutually agree on the method for revenue share due County
associated with the additional charges/fees.
County shall notify Contractor of any unapproved additional fees and/or charges
4.008 associated with the use of Tablets of which County becomes aware. The unapproved
fees and/or charges are subject to liquidated damages as specified in Additional Terms
and Conditions#30.
Should County and Contractor mutually agree that the charges/fees are to be
4.009 discontinued, Contractor shall refund each end-user or inmate for the unapproved
charges/fees from the date the charges/fees were implemented until the date the
charges/fees were discontinued.
4.010 Should County and Contractor mutually agree that the charges/fees will remain,County
and Contractor shall mutually agree on a method for compensation.
Contractor shall pay 25%, calculated on Gross Revenue as defined in this section as
4.011 specified in Attachment A, Section L (Rates, Fess, and Revenue Share). Payments
and reports for Tablets are due to County on or before the 15th day of the month
following the month of activity.
Contractor shall provide monthly Tablet detail reports/records,CSV format,which shall
include a detailed breakdown of the activity for all transaction types, including but not
4.012 limited to, electronic messages,photos, attachments,videos, media, application usage,
for each Tablet. Tablet detail records shall include,at a minimum,each of the following
items for each Tablet and each transaction or application type:
4.013 Facility Name;
4.014 Facility Identification Number/Site Identification Number;
4.015 Facility Address, Street, City, State, and Zip;
4.016 Tablet Identifier(where applicable);
4.017 Number to Transactions for Each Transaction Type(Per Tablet);
4.018 Minutes of Usage for Each Application Type (Per Tablet);
4.019 Gross Revenue for Each Transaction/Application(Per Tablet);
4.020 Revenue Share Rate;
4.021 Total Revenue Share(Per Tablet);
4.022 Total Transactions/Applications,Minutes of Usage, Gross Revenue and
Revenue Share; and
4.023 Traffic Period and Dates.
RATE REQUIREMENTS
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Contractor must agree to provide the required calling rates,video visitation rates,Tablet
rates and all related fees specified in found in Attachment A- Section L(Rates,Fees
5.001 and Revenue Share/Cost Recoupment) and must be in compliance with California
state laws and applicable regulations, including, but not limited to, Board of State and
Community Corrections BSCC Title 15 Minimum Standards.
Before any new rate increases or decreases are implemented for any of the inmate
communication services required in this Contract, Contractor must submit a written
5.002 request to receive approval from County.County will respond in writing to Contractor's
request. Unapproved adjustments implemented without the prior written approval from
County are subject to liquidated damages as specified in Additional Terms and
Conditions#30
In the event Contractor increases the usage rates for any of the inmate communication
services required in this Contract without the prior written approved of County,
5.003 Contractor must issue refunds to all overcharged end-users,visitors or inmates within 5
business days; a list of the issued credits must be provided to County as documentation.
County will not issue a refund of revenue-share or cost recoupment for unapproved rate
increases.
Contractor will implement any rate adjustments for any and all inmate communication
5.004 systems requested by County within 10 calendar days of said request, subject to
regulatory approval,as applicable.
Contractor shall be capable of accommodating multiple rate structures to accommodate
5.005 the types of inmates housed at the Facilities. Contractor shall be capable of assigning
rates at the inmate,group of inmate telephones,visitation stations or Tablets and Facility
levels.
Contractor's ITS shall rate all calls to U.S.Territories including but not limited to:Puerto
Rico, U.S. Virgin Islands, Guam, American Samoa and Saipan/Mariana Islands as
5.006 Domestic International or Interstate. Calls to all other countries shall be rated as
International. The calling rates for both Domestic International/Interstate and
International are specified in Attachment A - Section L (Rates, Fees and Revenue
Share/Cost Recou went).
5.007 Contractor shall calculate the raw duration of each inmate telephone call, video
visitation session and Tablet usage (if applicable)in seconds based on the time the call
is accepted, video visitation session is completed or Tablet usage begins and the time
the call, session or usage is terminated by the ITS, VVS or Tablets respectively. For
calls,video visitation sessions or Tablet usage where the duration is at least 10 seconds,
the duration, in seconds, shall be rounded up to the next whole minute increment and
shall be converted from rounded seconds to minutes before the rates are applied.
5.008 During the rating process, Contractor shall round the raw calculated amount to the
nearest hundredth decimal place (up or down)using normal accounting practices.
SECTION B - USER BILLING AND PAYMENTS
SUBSECTION1 & DEBIT
REQUIREMENT DESCRIPTION
NUMBER
The pre-paid and/or debit application shall allow for pre-payment for a specific end-
user,visitor,telephone number or an inmate.
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Contractor shall issue refunds to end-users of any inmate communication services for
any pre-paid funds remaining in any pre-paid account upon the end-user's request
whether the account is active or inactive. Should an account be deactivated by
1.002 Contractor and the end-user requests to reactivate the account and utilize inmate
communication services from inmates at the Facilities,the funds shall be made available
to the end-user by Contractor. No fees shall be charged to the end-user for refunds or
reactivation of funds associated with a pre-paid account.
Should Contractor adjust the rates in order to complete a call, Contractor shall incur
1.003 liquidated damages as specified in Additional Terms and Conditions #30. County
shall notify Contractor of any approved adjustments in the rates of which County
becomes aware.
Contractor shall not prevent the completion of a pre-paid collect call if the end-user's
1.004 pre-paid collect balance is less than the average cost of a call (regardless of call type)
from the Facilities.
1.005 The pre-paid and/or debit application shall be internal to Contractor's ITS, WS or
Tablet.
1.006 Contractor shall provide the inmate with the balance of the pre-paid or debit account at
the time of the call or Tablet application.
1.007 The ITS and WS shall provide the called party with the balance of their pre-paid collect
account at the time of the call or scheduling of a video visitation session, as applicable.
1.008 The pre-paid and/or debit application shall allow international calls.
1.009 Contractor shall be capable of configuring pre-paid cards for use outside of the
Facilities.
County's commissary is self-administered. The ITS,WS, and Tablets shall be capable
of interfacing with the County's commissary application or JMS for ease of transferring
money from the inmate's trust account to the ITS debit account upon inmate request for
1.010 the use of all inmate communication services,as well as refunding any unused funds to
the trust account upon the inmate's release.All commissary and/or JMS interfaces will
need to be activated during the initial implementation. Method for transferring funds
shall be through either file transfer or interactive voice response (IVR), at County's
election. County does not currently utilize inmate-funded debit.
It is Contractor's responsibility to initiate and establish a business relationship and
1.011 necessary interface(s) with County for debit application. The contact information is
found in Section I(Facility Specifications). County shall not be responsible for paying
any amounts associated with the required interface(s).
Contractor shall supply, at County's request, signage, brochures, flyers regarding the
1.012 ITS, VVS and Tablets and/or Contractor's pre-paid and debit applications at no cost to
County.
SUBSECTION1 ' VIDEO VISITATION SYSTEM SESSIONS
Contractor shall refund all visitation fees if the video visitation session is dropped due
2.001 to Contractor related issues. Such refunds shall not be deducted from Gross Revenue as
defined in Section A(General Conditions).
2.002 Contractor shall provide an option for an itemized receipt for all transactions, charges
and fees for all video visitation sessions.
SUBSECTION
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To complete the reporting and revenue share process outlined in Section A (General
Conditions), Contractor shall,by the 5th day of the month following the traffic month,
submit an inmate transaction fee invoice to County for payment by County. The invoice
3.001 shall contain all transaction fees for Tablet applications and usage collected by County
from the inmates for the Tablet applications and usage associated with Contractor's
Tablet solution at the Facilities for the previous calendar month. In no case shall County
be independently responsible for payment of transaction fees not collected previously
from inmates.
CONTRACTOR RETENTION1 ' ACCOUNT
INFORMATION
For the purpose of aiding in investigations, the Contractor must retain ITS, WS, and
Tablet account information pertaining to an end-user's pre-paid collect, direct bill, and
4.001 similar accounts for a period of 3 years after the expiration/termination of the Contract.
The information shall include,but not be limited to,the end-user's billing name,address
and telephone number.
The County shall have access to such account information upon request, to the extent
4.002 permissible by law. Contractor shall provide the requested information within two (2)
business days upon receipt of the request from County.
SECTION C - CUSTOMER SERVICE
SUBSECTION 1 -MAINTENANCE
REQUIREMENT T DESCRIPTION
NUMBER
Contractor shall respond to repair requests from County by arriving at the site promptly
1.001 after reasonable notice has been given on a 24-hours a day, 7-days a week, 365-days a
year basis.
Repairs or replacement of nonworking or damaged equipment or software shall be
started by a qualified technician within 4 hours following notification of a service
1.002 request or system failure. Contractor shall maintain an adequate amount of
supplies/materials on hand in order to meet these requirements and ensure there is no
prolonged period of downtime.
1.003 Contractor must exhibit to County a best effort approach to the completion of the repairs
or replacement during the first 24-hours following notification of a problem.
Contractor shall provide County with 3 dedicated technicians for County's Facilities.
Contractor's technicians shall conduct weekly scheduled preventative maintenance
1.004 visits as directed by the County. Contractor's technicians shall provide a preventative
maintenance log to the County upon the completion of each preventative maintenance
visit for the purposes of documenting actions taken and repairs made.
Should a technician position become vacant, Contractor shall obtain prior approval
1.005 from County for any personnel filling the position of the dedicated technician. All
applicants shall pass all background checks and training seminars as requested by the
County.
If at any time during the term of the Contract the position for the dedicated technician
becomes vacant,Contractor shall provide an interim dedicated technician or alternative
technician support within 10 business days, subject to County's background check
1.006 process,and fill the position on a full-time basis within 60 days. Should Contractor fail
to take reasonable steps to fill the interim or full-time dedicated technician position
within the required timeframes, Contractor may incur liquidated damages as specified
in Additional Terms and Conditions#30.
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1.007 County shall be notified of progress and/or delays in progress with repairs or
replacements until the problems are resolved.
1.008 Contractor shall notify County any time a technician will be dispatched to the Facilities
and prior to the technician's arrival.
Additionally,the County may cancel the Contract if Contractor has not cured a service
problem within 10 days of Contractor receiving notice of the problem from the County.
1.009 County, at its sole option, may elect to pursue Liquidated Damages, as outlined in
Additional Terms and Conditions#30,if a service problem is not resolved within the
specified cure period.
1.010 Each party shall report to the other party any misuse,destruction,damage,or vandalism.
Contractor will assume liability for any and all such damages.
1.011 All operation,maintenance and repair issues regarding the ITS,VVS,Tablet, or Kiosk
services shall be reported by Contractor to County promptly.
Contractor shall provide County with ITS,VVS,Tablet and Kiosk technology software
1.012 upgrades as they become available. All upgrades must be provided to County at no
additional cost.
SECTION1 - GENERAL INSTALLATION REQUIREMENTS
SUBSECTION1 • 1
REQUIREMENT
DESCRIPTION
NUMBER
Inmate communication services are to be provided and shall comply with all applicable
1.001 Federal Communication and/or Public Service Commission regulations relating to
inmate communication services in correctional facilities.
Contractor shall comply with all applicable laws, rules, regulations, and orders of any
1.002 authorized agency, commission, unit of the federal government, or state, county, or
municipal government.
1.003 Contractor shall comply with the BSCC Title 15 Minimum Standards.
SUBSECTIONIMPLEMENTATION
Contractor shall submit an updated implementation plan for all inmate communications
2.001 services, which shall include an installation schedule, for each Facility, including ITS,
VVS,Tablets and Kiosks within 10 days of the execution of this Contract.
Initial installations for the ITS must be completed within 60 days of the execution of the
Contract between County and the selected Contractor; this includes additional inmate
2.002 telephones required by County as outlined in Section I (Facility Specifications).
Implementation plan(s) has been incorporated as Attachment E of this Contract and
must be followed.
Initial installations for the Tablets and VVS must be completed within 120 and 180 days
2.003 respectively of the approval of the Implementation plan(s)by execution of the Contract
between County and the selected Contractor.Implementation plan(s)will become a part
of the Contract and must be followed.
SUBSECTION TRANSITION REQUIREMENTS
Upon expiration, termination, or cancellation of the Contract, Contractor shall accept
3.001 the direction of the County to ensure all inmate communication services are smoothly
transitioned. At a minimum,the following shall apply:
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At no cost to the County, Contractor shall supply 1 workstation(s), per Facility
which shall become the property of the County after expiration, cancellation or
3.002 termination of the Contract to allow the County access to all CDRs, call and
visitation recordings, documentation, reports, data contained in the inmate
communication applications/systems. County shall maintain the same level of
remote access for up to 3 years after Contract termination.
Contractor shall discontinue providing service or accepting new assignments
under the terms of the Contract, on the date specified by County. Contractor
agrees to continue providing all services in accordance with the terms and
3.003 conditions, requirements and specifications of the Contract for a period not to
exceed 90 calendar days after the expiration, termination or cancellation date of
the Contract. Revenue share/Administration Fees will be due and payable by
Contractor to County at the percentage provided in the Contract until inmate
communication services are no longer handled by Contractor.
Contractor agrees to remove its equipment at the conclusion of the Contract in a
3.004 manner that will allow the reuse of wiring/cabling associated with all inmate
communication services.
SUBSECTION • .
Contractor shall be responsible for all costs associated with the installation of the inmate
communication services including but not limited to ITS,VVS,and Tablets which shall
include but not be limited to, the necessary labor, parts, materials, transportation,
4.001 purchase of equipment, wiring, new electrical circuits, cables, installation,
racks/cabinets, service, maintenance, voice network and transmission, data network,
and day-to-day operation to maintain all proposed system components in good working
order and in compliance with the equipment manufacturer's specifications.
Contractor shall install the quantity of inmate telephones,standard visitation telephones,
4.002 video visitation stations,and Tablets detailed in Section I(Facility Specifications).
Contractor shall install a separate, dedicated network to accommodate all inmate
4.003 communication services. Contractor's inmate communication services shall not be
configured to reside on or use the County's network.
Contractor shall install/mount all inmate communication services equipment in
4.004 accordance with the County's requirements.
Use of existing conduit,raceways,cable,wiring,switches,circuits,and terminals within
the Facilities is at the risk of Contractor.Exposed wiring is not permitted.Ownership of
4.005 any wiring or conduit installed under the Contract by Contractor becomes the County's
property upon termination and/or expiration of the Contract.
Contractor agrees that if any cabling work is required as part of any installation,all new
4.006 cables shall be used and marked clearly and legibly at both ends,and meet all applicable
cabling/wiring standards for commercial buildings and must be approved by the
Facilities maintenance personnel.
Contractor shall be responsible for installing all new wiring, cabling and network
4.007 circuits at no cost to the County to support the provision of the outlined inmate
communication services at no cost to the County.
Contractor agrees to obtain the County's written approval before making any physical
4.008 changes to the Facilities, such as drilling into walls,floors,ceilings or any other portion
of the Facilities. This includes existing,newly constructed and/or expanded Facilities.
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Contractor shall provide, install, maintain, replace and upgrade adequate surge and
4.009 lightening protection equipment to protect all lines, circuits and equipment used for the
inmate communication services.
Contractor shall provide, install, maintain, replace and upgrade an Uninterruptible
4.010 Power Supply (UPS) back-up power for the inmate communication services to ensure
there is no loss of call, video or transaction processing and data storage in the event of
a power failure.
A separate power source shall not be required for the inmate communication services
4.011 equipment. A power source will be made available by County for the inmate
communication services upon confirmation of equipment specifications.
Installation of all cabling, telephones, video visitation stations, Tablets, and related
4.012 equipment shall be accomplished during normal business hours at the Facilities or as
otherwise specified by the County.
Contractor shall install, repair, and maintain all Contractor-provided equipment,
including but not limited to, any wiring or cable work required from the demarcation
4.013 throughout the Facilities.All Contractor-provided equipment,installation,maintenance,
repair costs, and all costs or losses due to vandalism shall be the total responsibility of
the Contractor.
Contractor shall clean-up and remove all trash and packaging materials resulting from
4.014 work performed.Unless otherwise specified by the County,no equipment,inventory or
spare parts shall be stored by Contractor at the Facilities.
Contractor shall correct any damage to the County's property caused by maintenance or
4.015 installation associated with the inmate communication services, including repairs to
walls and ceilings.
Contractor shall provide written documentation indicating that all circuits and network
4.016 have been tested and all cables,pairs, fiber strands,blocks are legibly marked after the
completion of each installation associated with the inmate communication services.
Contractor shall maintain a reasonable supply of the parts needed under this contract
4.017 and maintain a reasonable supply system for the acquisition of additional parts, either
immediately or with minimal delay.
SUBSECTION 5 - SECURITY
All Contractor employees shall obtain, at Contractor's cost, the appropriate personnel
5.001 background security clearance prior to arrival at the Facilities.
5.002 All Contractor employees will comply with County's policies and procedures.
5.003 Entry to the Facilities is subject to the approval of the County.
SUBSECTION 6 - TRAINING
Contractor shall provide onsite training for each inmate communication service to the
County's staff.Additional training(onsite or via the web) shall be provided to new staff
6.001 at no cost to the County. Training manuals shall be provided to the County's staff at all
training meetings and will become the property of the County. At County's request,
Contractor shall provide a downloadable version of all user manuals and training
materials.
When requested by the County, informational pamphlets shall be available to inmates
6.002 and end-users and shall describe the applicable features and f inctionalities of each
inmate communication service.
Contractor will also provide full documentation for all inmate communication services
6.003 features and documentation for any and all added technology features that result from
this Contract.
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UPGRADES AND PERFORMANCEPROCESS
Contractor shall provide the County with written notice,including detailed information,
7.001 of any new inmate communications service software upgrades or additional features to
be added to either system, within 30 days of the introduction of the new software or
features into the industry.
Contractor shall provide the County with inmate communication services software
7.002 upgrades as they become available.All upgrades must be within 1 release of the newest
operating system and provided to County at no additional cost.
Contractor shall adhere to the following performance process when upgrading the ITS,
7.003 WS and Tablet software,equipment,or performing any changes to either system at the
Facilities. Any deviation from this process may result in liquidated damages incurred
by Contractor as described in Additional Terms and Conditions#30.
Contractor shall perform extensive testing on all system changes or upgrades to any of
7.004 the inmate communication services, prior to introducing them to the County. At a
minimum,this shall include the following:
7.005 Circuit/network testing;
7.006 Configuration/setting preservation testing;
7.007 ITS: call processing, debit/pre-paid availability,international calling,private
call number database and settings;
7.008 WS: video visitation session quality and scheduling application;
7.009 Tablets: access to all transactions,applications and applicable purchase
rocesses; and
7.010 Access to all inmate communication service user applications.
Contractor shall provide the County with written details regarding any change to voice
7.011 prompts,dialing or video visitation procedures or processes impacting inmates and end-
users/visitors.
Contractor shall receive written permission from the County, before scheduling or
7.012 proceeding with any functionality changes to the inmate communication services at the
Facilities,especially if the changes will cause an interruption in service.
County,at its option,shall have a minimum of 2 weeks to notify inmates at the Facilities
7.013 of any inmate communication services changes that affect the inmates or end-
users/visitors.
Contractor shall work with the Facilities to schedule all changes and/or upgrades during
7.014 a time when the inmate communication services are not being used regularly by the
inmates. Contractor shall coordinate a convenient time and day with the County to
implement the changes or upgrades to avoid an interruption in service.
At the request of County,Contractor shall coordinate the presence of a technician at the
7.015 Facilities on the day of implementation to place test calls, video visitation session and
Tablet transactions and ensure all inmate communication services are functioning
properly.
Contractor shall reconcile and validate the private call numbers database and associated
7.016 configuration after each upgrade and report results within 3 business days of the
upgrade.
7.017 All said changes shall be made by Contractor at no cost to the County.
SECTIONREQUIREMENTS
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SUBSECTION 1REQUIREMENTS
REQUIREMENT REQUIREMENT TYPE
NUMBER
All telephone equipment provided shall be fully operational at the time of the initial
1.001 installation.
The telephone sets shall be suitable for a correctional environment, stainless steel,
1.002 sturdy, non-coin, vandal and tamper resistant; the cord length for the inmate and
visitation telephones is specified in Section I(Facility Specifications).
1.003 Contractor shall install all new telephone equipment even if the selected Contractor is
the incumbent inmate telephone service provider.
1.004 All telephone equipment shall be powered by the telephone line, not require an
additional power source.
1.005 The telephones must not contain any exterior removable parts.
1.006 All telephone sets shall include volume control.
Contractor shall place placards containing dialing instructions in English, Spanish,
Vietnamese,Cantonese,Portuguese,French,Armenian,Mandarin,and Braille on each
telephone. Placards shall also contain a notice in the same languages that will advise
1.007 inmates of telephone monitoring and recording. This notice will be prominently posted
in the area next to all inmate telephones. The notice will read: "NOTICE! Telephone
calls will be recorded and may be monitored." Placards shall be replaced each time
an inmate telephone set is replaced and/or when damaged or defaced so that the
instructions and notice are no longer legible.
At no cost to the County, Contractor shall install additional telephones (inmate and
1.008 visitation), monitoring and recording equipment as needed, within 30 days of request.
This includes newly constructed or expanded buildings and Facilities.
If the installation of the additional telephones (inmate and visitation) is not completed
1.009 within 30 days, Contractor may incur liquidated damages as described in Additional
Terms and Conditions#30.
SUBSECTION AND APPLICATION SPECIFICATIONS
The ITS shall be capable of providing all operational features and system requirements
2.001 applicable to all calls placed through the system, including local, long distance, and
international calling and visitation sessions.
The ITS shall be configured to process all or any combination of the following bill
2.002 types, without limitation; collect, free, pre-paid collect, pre-paid card, debit and/or
speed dial.
Contractor shall provide a sufficient number of bandwidth ensure inmates are allowed
to place calls 99.9%of the time.County reserves the right to require Contractor to revise
2.003 its configuration to County's reasonable satisfaction to resolve any inmate complaints
of reception degradation or unavailable service which arise as a result of Contractor's
ITS configuration. Such changes shall be completed by Contractor at no cost to County.
2.004 At County's request, Contractor shall provide a report documenting the completion
ratio on a monthly basis or other frequency designated by County.
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The reception quality shall meet telecommunication industry standards and shall be at
2.005 least equal to the quality available to the general public. Contractor shall accept
County's reasonable decision regarding whether the reception quality is acceptable.
Call acceptance by the called party shall be accomplished for all calls through Dual-
2.006 Tone Multi-Frequency (DTMF) confirmation ("positive acceptance"). Voice
recognition is not an acceptable method for positive acceptance.
The ITS shall be capable of recognizing and distinguishing standard or irregular busy
2.007 signals, standard or irregular ringing signals, answering machines, voicemail, cellular
telephones,ring-back tones, chain dialing.
The ITS shall be configured to monitor the switch hook on the telephone sets. If the
switch hook is pushed down or moved from its idle position, the call must be
2.008 disconnected immediately and the call prompts must come on to prevent fraud or
unauthorized dialing. Contractor must assume all responsibility for fraud or
unauthorized dialing occurring as a result of the ITS failing to meet this requirement.
With each call, the ITS must provide an automated message to advise both the innate
and the call recipient that the call is coming from a correctional facility, the call is
2.009 coming from a specific inmate, and the call is being recorded and may be monitored.
The automated message must be free of any charges. County reserves the right to
request Contractor to modify/revise the recordings at any time during the Contract at
no cost to County and within 30 days of the request.
2.010 The automated message will be available in English, Spanish, Vietnamese,
Cantonese,Portuguese,French,Armenian,and Mandarin.
Except with private call numbers, the innate and the call recipient are required
to "acknowledge"the recording and possible monitoring of the calls by pressing
2.011 "1" before the call will proceed. Neither the inmate nor the call recipient are
required to make this acknowledgment for private call numbers as calls to these
numbers shall not be recorded.
2.012 If either the inmate or the call recipient fails to press "1", the call will be
terminated.
2.013 With each call,the ITS shall clearly identify the type of call being placed to the called
parry: collect,pre-paid, free. This recording must be free of any charges.
2.014 The ITS shall be able to accommodate any of the following options for recording and
playback of an inmate's name to the called party:
The inmate may record a name each time a call is placed. Contractor shall
2.015 provide no more than 2 seconds be allowed for the inmate to record a name;
this setting shall be configurable in the ITS;
The innate may record a name only once(with the first call attempted);the
recorded name will be stored in the ITS and shall be played back with all
2.016 subsequent call attempts. Contractor shall provide no more than 2 seconds be
allowed for the innate to record a name; this setting shall be configurable in the
ITS; or
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No name is recorded. If County selects this option,the announcement to the
2.017 called party shall not include silence or an interruption where the name
recording would normally be included.
For calls that are not completed, the ITS shall play a recorded message to the inmate
2.018 detailing why the call was not completed. County reserves the right to request
Contractor to modify/revise the recordings at any time during the Contract at no cost to
County and within 30 days of the request.
2.019 ITS shall allow free local telephone calls from the intake/booking inmate telephones at
Central Jail Complex at the initial time of booking only.
Once the inmate has been transferred out of intake/booking, the ITS shall process all
2.020 subsequent calls from the inmate as collect or pre-paid unless the telephone number is
configured as free in the ITS.
2.021 Following the dialing sequence, Contractor shall configure the ITS to either:
2.022 Allow inmates to remain muted while still being able to hear the call progress
(ex: ringing on the line,voicemail pick-up); or
2.023 Place the inmate on-hold and not permit the inmate to hear the call progress.
2.024 In no event shall the inmate be allowed to communicate with the called party until the
call is positively accepted.
2.025 The ITS shall be capable of processing and completing international prepaid collect
calls.
2.026 The ITS user application shall allow the following search criteria and filters (without
limitation)to be applied to the CDR queries:
2.027 Inmate Name(First,Last);
2.028 Inmate Personal Identification Number;
2.029 Record Identifier;
2.030 Date Range(Start Date/Time and End Date/Tim);
2.031 Facility;
2.032 Called Number;
2.033 Originating Number;
2.034 Station Name;
2.035 Call Type;
2.036 Bill Type;
2.037 Duration;
2.038 Call Amount;
2.039 Flagged Calls;
2.040 Monitored Calls;
2.041 Recording Type;
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2.042 Completion Type;
2.043 Termination Type;
2.044 Validation Result;
2.045 Pre-Paid Card Number;
2.046 Phone Group(s);
2.047 Visitation Phone(s); and
2.048 Custom Search.
2.049 The ITS user application shall allow CDR query results to be exported in a format
selected by County(.csv,PDF,Microsoft Excel 2016 or greater).
2.050 At a minimum, the ITS user application shall be equipped to generate the following
standard reports in addition to the CDRs:
2.051 Call Statistics by Date Range;
2.052 Frequently Called Numbers;
2.053 Frequently Used Personal Identification Numbers;
2.054 Commonly Called Number;
2.055 Call Detail Report;
2.056 Gross Revenue Report by Date Range;
2.057 Facility Totals and Statistics;
2.058 Called Party/Number Accepting Report;
2.059 Fraud/Velocity Report;
2.060 Total Calls;
2.061 Personal Allowable Numbers(PAN)Report;
2.062 Pre-Paid Card Report;
2.063 Debit Usage Report;
2.064 Debit Balance and Funding Report;
2.065 Pre-Paid Card Balance Report;
2.066 Bill and Call Type Distribution;
2.067 Phone Usage;
2.068 Reverse Look-Up;
2.069 User Audit Trail; and
2.070 Voice Verification.
2.071 The ITS user application shall allow County to export the reports in a format selected
by County(.csv,PDF,Microsoft Excel 2016 or greater).
Contractor shall provide the County with the capability to search,query and export end-
user pre-paid account information for investigative purposes. County shall be capable
of validating account holder status, number of pre-paid deposits and associated
2.072 amounts, generating reports identifying, at a minimum, associated telephone numbers,
method of payment, inmates from which calls are accepted, the number of completed
calls with an associated date and time, any pre-paid funding fees and other applied
charges and taxes.
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2.073 The ITS shall have the capability to customize reports in a form mutually agreed upon
by County and Contractor.
2.074 Contractor's ITS user application shall at a minimum allow:
2.075 Report generation to include the reports listed above;
2.076 The creation,modification and deactivation of user accounts;
2.077 The creation,modification and deactivation of inmate accounts;
2.078 The creation and modification of telephone numbers in the ITS including entry
of free and privileged telephone numbers without the assistance of Contractor;
2.079 Assignment of inmates or an inmate type to an agency, inmate telephone or a
group of inmate telephones;
2.080 Locating and accessing a specific recording by utilizing a unique recording/call
identifier;
2.081 Block/unblock telephone numbers without the assistance of Contractor;
Configure an alert that will detect and prohibit a call made to a restricted
2.082 number, a call using a restricted Personal Identification Number, or a call made
from a restricted telephone.
Program a specific speed dial code to selected telephone numbers as
2.083 determined by County and at no cost to County and without the assistance of
Contractor; and
Query the CDRs for inmate activities and calling patterns, including the
2.084 provision of reverse look-up at no cost to County. The reverse look-up feature
shall include,at a minimum,the end-user's name and billing address for all
collect and pre-paid calls.
2.085 The ITS shall have the capability to allow County to create, view and track service
tickets associated with the ITS or Facilities.
Contractor shall ensure continuous diagnostics and supervision for call processing and
2.086 call recording. Contractor shall be capable of performing remote diagnostics to the ITS
to determine if a problem exists with the telephone, station port,channel,line.
The ITS shall comply with the Americans with Disabilities Act (ADA) requirements
2.087 including, but not limited to, providing telephones which are accessible to persons in
wheelchairs and providing devices that are compatible with Telephone Devices for the
Deaf(TDD) and Video Relay Services(VRS)and meet these requirements:
2.088 Contractor shall provide the number of TDD telephones and ports and VRS units
specified in Section I(Facility Specifications); and
2.089 TDD telephones shall be able to work with the ITS at the Facilities.
2.090 The ITS must offer the called party an option to receive a rate quote during the call
acceptance process.
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The ITS shall be able to accommodate pro bono calls to consulates for all countries
2.091 Which may be required for ICE detainees.This option,when requested by County,shall
be provided at no cost to County. Contractor shall accept County's direction for how
pro bono calling services are configured via the ITS.
Contractor shall be able to establish an informant line at no cost to County. Calls to the
2.092 informant line shall be free and shall be routed via the ITS to a destination designated
by County. Contractor shall accept County's direction for how the informant line is
configured through the ITS.
Contractor shall work with County to implement a reporting line which complies with
2.093 the Prison Rape Elimination Act (PREA) of 2003. Contractor shall accept County's
direction for how the PREA line is configured through the ITS. At a minimum,
Contractor shall:
2.094 Provide an option for PREA calls to be processed via the ITS without the use of
a PIN to ensure anonymity.
2.095 Route free calls via the ITS to a destination provided and designated by County
which may be the same as that used for the County informant line.
2.096 At no cost to County,provide a telephone line to County dedicated for PREA
calls to which the calls will be routed as free.
Contractor shall have the capability to allow County to maintain the same
2.097 telephone number currently in place at all Facilities and/or utilize any telephone
number specified by the County.
SUBSECTION 3 - ITS SECURITY FEATURES
3.001 The ITS shallprohibit:
3.002 Direct-dialed calls of an e;
3.003 Access to a live operator for any type of calls;
3.004 Access to"411"information services;
3.005 Access to 800, 866, 888, 877, 900, 911, and any other 800 or 900 type services
unless pre-approved by the County; and
3.006 Access to multiple long-distance carriers via 950, 800 and 10 10-XXX
numbers.
3.007
The ITS shall prevent call collision or conference calling among telephone stations.
3.008 The ITS shall be able to shut down and/or disable an individual telephone or telephone
group(s) quickly and selectively without affecting other telephones or telephone
group(s). County must be able to shut down the ITS via a workstation, the ITS user
application and/or by cut-off switches at several locations including,but not limited to:
3.009 At demarcation location;
3.010 Central control; and
3.011 By select housing units.
3.012 The ITS shall not accept any incoming calls. Contractor shall work with the LEC to
ensure such control.
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The ITS, upon detection of a three-way call, forwarded call, conference call shall be
3.013 able to flag and/or terminate the call immediately. These calls shall be flagged in the
CDRs as such.
3.014 The ITS shall allow the called party to block their telephone number during the call
acceptance process.
3.015 As specified by County, the ITS shall have the capability to allow calls to specific
numbers at specified times during the day.
The ITS shall be capable of limiting the length of a call,providing service at specified
3.016 times of the day and allowing a maximum number of minutes or seconds per inmate,
per month.The current call time limit for the Facilities is specified in Section I(Facility
Specifications).
SUBSECTIONPERSONAL IDENTIFICATION
The Personal Identification Number(PIN)application shall work with the ITS allowing
4.001 inmates to use PINS to complete calls via the ITS and include all of the following
features and functionalities:
4.002 The capability to provide collect,pre-paid and debit, free and speed dial calling
utilizing a PIN;
The capability to interface with County's JMS to allow for inmate PINS to be
automatically transferred to the ITS. The JMS contact information is provided
in Section I(Facility Specifications). It is the Contractor's responsibility to
4.003 contact the JMS provider, establish a working business relationship and
identify the requirements necessary to interface with the JMS to ensure
Contractor will be able to meet the PIN requirements listed below with the
initial implementation. County shall not be responsible for paying any amount
associated with the required interface.
4.004 The capability to receive,accept and apply alphanumeric characters in an
inmate's ID.
4.005 The capability of accommodating any of the following options for how PINS
are received and/or generated by the ITS:
JMS generates and sends to the ITS an inmate ID. The ITS stores the inmate ID
4.006 and generates an additional unique identifier to be added to the inmate ID. The
combination of the inmate ID and the additional unique identifier shall be the
PIN;
JMS generates and sends to the ITS an inmate ID along with additional inmate
4.007 data. The ITS stores the inmate ID and utilizes the additional inmate data to
create the complete PIN;
4.008 JMS generates and sends the complete PIN to the ITS. The ITS stores the
complete PIN; or
4.009 The ITS,without an interface with the JMS, auto-generates the complete PIN;
4.010 The ITS shall be capable of accepting a bulk data import of existing PIN information
from the incumbent Contractor.
4.011 The ITS shall be capable of accepting a manually entered PIN.
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If applicable, the interface between the JMS and ITS shall automatically update the
4.012 status of the PIN in the ITS based on the inmate's status in the JMS(e.g.newly booked,
transferred,released).
County currently utilizes a 11-digit PIN comprised of a 7-digit inmate ID and a unique
4.013 4-digit identifier(the inmate DOB-mmdd)as generated by the JMS.This configuration
is the default and shall be active upon the initial implementation.
4.014 PINS shall not be required for booking/intake phone(s)at the Sheriff Facilities.
4.015 PINS shall not be required for the Probation Facilities.
4.016 Once a PIN has been activated in the ITS, the inmate shall only be allowed to place
calls from a designated Facility or group of inmate telephones located at the Facility.
4.017 when an individual PIN is added or modified in the system,the ITS shall document the
date/time and the user making the change.
SUBSECTION1ALLOWABLE NUMBER LISTS (PANs)
5.001 The ITS shall have the capability to store a list of Personal Allowed Numbers (PAN)
associated with each PIN. PANS are not a requirement with the initial implementation.
5.002 The ITS shall allow authorized users to set a universal quantity of PANS at the inmate
level or override the default quantity of PANS for an inmate.
5.003 The quantity of approved telephone numbers within a PAN shall be configurable.
5.004 PANS shall allow authorized users to set a universal quantity of approved telephone
numbers for each PIN.
The ITS shall have the capability to track PAN changes based on a frequency required
5.005 by County. The ITS shall have the capability to notify the user if a PAN change is
requested to be made outside of the allowed timeframe(e.g.,every 90 days).
5.006 The proposed ITS shall document all updates, modifications and/or details for a PAN
(e.g.,user name,modification made,time/date stamp).
ITS shall be capable of storing the following information (at a minimum) for each
5.007 telephone number on the PAN: telephone number, called party name, address and
relationship to inmate.
SUBSECTIONMONITORING 1 RECORDING REQUIREMENTS
The ITS shall be capable of monitoring and recording all inmate calls, including VRS
and TDD/TTY calls completed from inmate telephones and/or wall mounted devices,
6.001 and visitation sessions from any telephone within the Sheriff Facilities unless there are
restrictions that prohibit the recording and monitoring of certain calls and visitation
sessions such as attorney-client privilege. The ITS shall not be configured to record
calls at the Probation Facilities.
The ITS shall be capable of completing pro-per calls as directed by County. Pro-per
6.002 inmates and/or telephone numbers identified by County may be restricted from
recording and monitoring upon request by County. The ITS shall be capable of
providing a report of all pro-per activity to County at a frequency specified by County.
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The ITS shall be able to exclude all private,blocked,or free calls and visitation sessions
6.003 and clearly designate non-recorded calls/visitation sessions within the ITS user
application.
Contractor shall perform bi-annual (June 1 st and December 1 st) reconciliations of all
private call numbers and provide results to the County within 7 days of the start of the
6.004 reconciliation. Reconciliations shall include the current list of private call numbers
saved within the ITS,confirmation of any recordings(both prior to and after entry into
the ITS),and confirmation of any ITS user that has accessed any potential recordings.
6.005 The ITS shall allow designated users at the Facilities to play back a recorded
call/visitation session in progress (e.g.,live monitoring)via the ITS user application.
6.006 The ITS shall be capable of recording calls/visitation sessions in a manner allowing
designated users to isolate the inmate or the end-user side of the recording for playback.
6.007 The ITS shall provide simultaneous playback and continuous recording of calls and
visitation sessions.
The live monitoring feature shall display a list of calls in progress to allow County to
scan through all calls in progress or to listen to a specific call.At minimum,the default
6.008 view shall sort calls in chronological order. Private calls, such as attorney calls, shall
be indicated as such in the display window and shall not have the capability to be live
monitored or recorded. For the purpose of call monitoring,the County prefers that the
ITS display the fields below.
6.009 Call Start Time;
6.010 Facility;
6.011 Phone Location Name;
6.012 Inmate Name;
6.013 Inmate PIN;
6.014 Called Number;
6.015 Private/Attorney Call;
6.016 Called City, State;
6.017 Call Status; and
6.018 Alert.
All CDRs, including all attempted and completed calls, shall be stored online for the
6.019 life of the Contract. A copy of all CDRs shall be stored offline by the Contractor for a
minimum period of 3 years following the expiration of the Contract.
All call recordings shall be stored online for the life of the Contract. A copy of all
recordings shall be stored offline by the Contractor for a period of 3 years following
6.020 the expiration or termination of the Contract and any renewal terms. In the event
County requests call recordings, Contractor shall provide the requested information
within two(2)business days upon receipt of the request from County.
6.021 Contractor shall be responsible for supplying all storage media (CDs/DVDs, USB
drives)at no cost to County throughout the life of the Contract and any renewal terms.
6.022 Contractor shall provide remote access to the ITS at no cost to County.
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The provision of remote access shall allow County the same features and
6.023 functionalities, permitted by the user's level of access, available on a Contractor-
provided workstation.
6.024 For the term of the Contract,County shall have access to all CDRs from all workstations
and remote access computers,based on the user's access level.
The ITS shall be capable of providing alerts for certain calling events and, at a
6.025 minimum, allow designated users to receive or be forwarded a live call/visitation
session to a specified destination.
6.026 The ITS user application shall copy/export recordings with no loss in quality and shall
be capable of placing an audio and visual date/time stamp with the recording.
The ITS shall be capable of emailing and copying recorded calls and visitation sessions
6.027 onto a CD/DVD or other storage medium in audio or MP3/data format with tamper free
capabilities.
6.028 The copying/burning application shall be internal to the ITS.
SUBSECTION
7.001 Contractor shall implement inbound automated voicemail messaging up to 1 minute per
message through the ITS to allow inmates to receive voicemails from friends and family.
7.002 Funding for inbound voicemail shall be through a pre-paid account setup by the end-
user.
7.003 In addition, Contractor shall provide internal voicemail to allow inmates to leave
messages for County staff and for County staff to return a voicemail or leave a voicemail
message to an inmate, group of inmates or the entire Facility. There shall be no charge
to County or the inmates for internal messaging. Internal messaging for inmates
includes:
7.004 Grievances;
7.005 Medical/dental requests;
7.006 File telephone complaints; or
7.007 Other requests options as determined by County(i.e. haircuts).
7.008 Fees and revenue share for inbound voicemail messaging are specified in Attachment
B,Rates and Fees.
7.009 The ITS shall record and store all voicemail messages, in the ITS. All recordings shall
be maintained as described in Section E (ITS Requirements). Voicemail messaging
shall preserve the call controls configured in the ITS.
SECTIONREQUIREMENTS
SUBSECTION 1 -VIDEO VISITATION SERVICE
REQUIREMENT
NUMBER
1.001
The WS shall consist of hardware, firmware and software designed to enable the
County to initiate,monitor,record, and retrieve video visitation sessions.
1.002 The proposed WS shall provide all operational features and system requirements
applicable to all video visitation sessions placed through the VVS.
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The VVS shall interface with the County's JMS/ITS to allow for inmate and visitor
information to be automatically transferred between the JMS and VVS.County will not
1.003 be responsible for paying any amount(s) associated with the required interface(s).
County prefers the inmate identifier utilized for the ITS is the same inmate identifier
for the VVS.
1.004 Contractor shall provide internet test capability to remote video visitors.
The VVS must be able to shut down and/or disable an individual video visitation station
1.005 or group of video visitation stations quickly and selectively without affecting other
video visitation stations.
The VVS shall be capable of limiting the length of a video visitation session providing
1.006 service at certain times of the day/week/month and allowing a maximum number of
video visitation sessions per inmate per week or month.
Contractor must have the capability to provide remote monitoring access to the VVS at
1.007 no additional cost. The provision of remote access shall allow the County the same
features and functionalities, permitted by the user's level of access, available on a
control workstation.
SUBSECTION 2 -VVS SPECIFIC INSTALLATION REQUIREMENTS
Contractor shall provide the County the number of VVS control workstation(s)
specified in Section I (Facility Specifications). The workstations shall work in real-
2.001 time with the VVS,for monitoring,recording and reporting.The workstation shall each
include a CD/DVD burner, 2 flat screen monitors,built in speakers,mouse, keyboard,
data/audio burning software, laser printer and a licensed copy of Microsoft Office (or
equivalent).
VVS stations shall be suitable for a correctional environment, stainless steel, sturdy,
2.002 vandal and tamper resistant with a shatter proof screen. VVS stations shall include the
cord length requirements as those for telephone sets as described in Section I(Facility
Specifications).
2.003 The VVS stations shall not include any removable parts.
2.004 The VVS stations shall include volume control.
2.005 VVS stations shall include picture-in-picture viewing.
Upon installation of the VVS, Contractor will be responsible for providing all labor,
2.006 equipment, supplies, materials, software, configuration (hardware, software,
networking and bandwidth), documentation, testing and training necessary for the
completion of the installation.
2.007 The VVS must provide high-quality, stereo audio and broadcast-quality video while
meeting the industry quality standards.
Upon completion of the initial installation and any ongoing installations, Contractor
2.008 shall provide County with a list of inmate and visitor video visitation stations,
specifications, and location of each unit.
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Contractor shall place placards containing video visitation use instructions in English,
Spanish,Vietnamese,Cantonese,Portuguese,French,Armenian,Mandarin and Braille
2.009 on or near each station. The placards shall be replaced each time a VVS station is
replaced and/or when damaged or defaced so that the instructions and notice are no
longer legible.
2.010 Video visitation rate use flyers and/or additional video visitation related information
shall be provided by Contractor upon County's request and at no cost.
At no cost to County, Contractor shall install additional VVS stations, including
monitoring and recording equipment as needed,within 45 days of request.If Contractor
fails to provide and install the additional visitation units within 45 days the Contractor
shall be liable for liquidated damages as described in Additional Terms and
2.011 Conditions #30. Both parties agree that delays in manufacturing and/or shipping are
outside of the Contractor's control and supply chain delays will not be counted against
the Contractor when evaluating Liquidated Damages. Contractor may need to provide
proof of such delays upon County request to avoid liability for liquidated damages.For
newly constructed or expanded Sheriff Facilities, the parties shall agree on a timeline
for installation or implementation.
SUBSECTION1 SCHEDULING
The VVS shall include a web-based scheduling application allowing visitors (public
3.001 and professional)to register,schedule,fund and/or cancel standard and video visitation
sessions using an internet browser and internet connection.
3.002 The VVS shall prohibit the scheduling of video visitation sessions for any visitor who
has not been approved by County following the registration process.
3.003 The VVS shall have the capability to allow smart phone scheduling.
3.004 The VVS shall allow visitors to log in using a unique visitor ID or an email address and
password.
The VVS shall be capable of requiring the general public to acknowledge and agree to
3.005 the terms and conditions associated with County's visitation policies as part of the
registration process and with each scheduled visitation session.
3.006 At a minimum,the VVS shall obtain and store the following information for the visitor
as part of the registration process:
3.007 First Name;
3.008 Last Name;
3.009 Email;
3.010 Telephone Number/Cell Phone;
3.011 Username; and
3.012 Password.
3.013 At a minimum,the VVS shall obtain and store the following information for the
visitor as part of the scheduling process:
3.014 First Name;
3.015 Middle Name;
3.016 Last Name;
3.017 Credit Card;
3.018 Email;
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3.019 Physical Address(Street Address, City, State,Zip);
3.020 Telephone Number;
3.021 Identification Type;
3.022 ID Number;
3.023 Username; and
3.024 Password.
The VVS shall have the capability to track all inmate housing unit assignments,
3.025 movements, and releases. The VVS shall automatically cancel all sessions associated
with an inmate if the inmate gets released.
3.026 The VVS shall be capable of sending the general public an email or text notification
confirming the scheduled or canceled visit.
3.027 The VVS shall have the capability to display upcoming daily video visitation session
information on one or multiple inmate station screens (i.e. inmate name,time of visit).
3.028 The VVS shall be capable of accommodating different sets of rules for onsite standard
visitation, onsite video visitation and remote video visitation sessions.
The VVS shall allow authorized users at the Sheriff Facilities to approve visitors before
3.029 video visitation sessions can be scheduled;the VVS shall only allow the scheduling of
sessions for approved visitors.
The VVS user application must provide specific information for tracking inmate and
visitor activities and patterns by,at a minimum,the following criteria.In the event these
4.001 criteria are not available within the user application at initial implementation,
Contractor shall be liable for liquidated damages as described in Additional Terms
and Conditions#30.
4.002 Inmate ID number;
4.003 Inmate name;
4.004 Visitor name;
4.005 Date and time of visit;
4.006 Inmate video visitation station; and
4.007 Daily,weekly and monthly visit statistics.
4.008 The VVS shall have the capability to allow authorized County staff to create the
following restrictions with customizable durations:
4.009 Restrict a visitor from visiting certain inmate(s);
4.010 Restrict an inmate from visiting ALL visitors;
4.011 Restrict a visitor from visiting ALL inmates;
4.012 The VVS user application shall have the capability to support the following functions:
4.013 Set user ID;
4.014 Set/reset password;
4.015 Capture the user's first,middle and last name;
4.016 Manually terminate standard or video visitation sessions;
4.017 Report status of all standard and video visitation sessions(online or idle);
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4.018 Stop,pause and restart any running visit;
4.019 Allow the County to enter comments or add notes to a visit;
4.020 Allow for station reassignment during any running visit;
4.021 Allow for visitation time extension during any running visit;
Customize the number of visits per the monitoring screen and the page rotation
4.022 duration;
4.023 Designate a visitor as being an attorney or other professional entitled to
confidential visits to prevent the visit from being recorded or monitored;
4.024 Manually schedule standard or video visitation sessions for a particular inmate,
station, and date and time, on behalf of visitor(s);
4.025 Allow authorized users the ability to mandate specific visits,visitors and/or
inmates to be recorded;
4.026 Allow authorized users to download,share and/or view recordings; and
Include an audit trail function and the capability to track users who have
4.027 viewed and/or downloaded the recording files(s).
SUBSECTIONMONITORING 1 RECORDING REQUIREMENTS
The VVS must permit the County to fully record and monitor all standard and video
visitation sessions from any standard or video visitation station within the Sheriff
5.001 Facilities unless there are restrictions that prohibit the recording and monitoring of
certain sessions such as attorney-client restrictions.
The VVS shall automatically start each video visitation session at the designated start
5.002 time.
The VVS shall allow County to determine if a visit is to be cancelled if the visitor does
5.003 not check-in on time or after a set amount of time, and if the visitation session will
count against the inmate's visitation quota.
The VVS shall automatically attempt to reconnect a video visitation session if
5.004 connectivity is lost.
The VVS shall include an alert system that will detect visitation sessions made by a
5.005 particular inmate or visitor.
The VVS shall have the capability to display an onscreen countdown clock timer on the
5.006 inmate and the visitor stations.
The Contractor shall retain video visitation sessions online for a minimum of 90 days,
5.007 but may require retention up to 1 year.
Contractor shall store all video visitation sessions offline for the life of the Contract
5.008 plus 3 years after the termination of the contract.In the event County requests visitation
session recordings, Contractor shall provide the requested information within two (2)
business days upon receipt of the request from County.
SECTIONREQUIREMENTS
SUBSECTIONSPECIFICATIONS
REQUIREMENT DESCRIPTION
NUMBER
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Tablets shall interface with the County's JMS, commissary, ITS, and/or VVS, at no
cost to the County allowing inmates to access Tablet services; County prefers the same
1.001 inmate identifier is used for Tablets as the inmate identifier for ITS and VVS. The
County will not be responsible for paying any amount(s) associated with the required
interface(s).
Tablets shall be configured to only allow inmates access to the services and applications
approved by the County. Additional applications shall be mutually agreed upon by the
1.002 County and Contractor. Inmates shall be prohibited from having any access to any
external applications. Tablets must communicate with pre-approved applications and
dedicated networks only.
Tablets shall be restricted to Contractor wireless access points only and shall be unable
1.003 to connect to other wireless network access points.In the event tablets are able to access
outside websites, networks, or applications, Contractor shall be liable for liquidated
damages as described in Additional Terms and Conditions#30.
Contractor shall provide the County with remote access to Tablets at no cost to the
County for the purpose of administering, monitoring, overseeing and reviewing
transactions and activity associated with the applications and services offered. The
following reports (at a minimum) shall be made available for each Sheriff Facility as
1.004 applicable for monitoring and investigative purposes. In the event remote access and/or
requested reporting is not available by implementation, Contractor shall be liable for
liquidated damages as described in Additional Terms and Conditions #30. New
reports, as requested by County, shall be developed and provided by Contractor at no
cost to County:
1.005 Transactions by inmate;
1.006 Application usage by inmate;
1.007 Totals by inmate;
1.008 Totals by Tablet;
1.009 Daily,weekly and monthly statistics.
Contractor's user application for the Tablet solution shall provide the capability to
1.010 export the reports in a mutually agreed upon format agreed to by County and
Contractor.
1.011 Contractor shall have the capability to disable and/or shut off services to a single Tablet
or group Tablets based on the user level and password, and not interrupt other Tablets.
Tablets shall be provided to the County with access to approved application content
1.012 including a variety of games, music and entertainment, free applications / services,
including law library and educational programs.
1.013 Tablets provided by Contractor shall be configured to provide certain"free"services to
the inmate population at no charge. Such"free"services shall include:
1.014 Clock;
1.015 Calendar;
1.016 Dictionary;
1.017 Calculator;
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1.018 PDF documents approved by County;
1.019 PDF viewer;
1.020 Electronic submission of inmate requests;
1.021 Commissary purchases;
1.022 Debit purchases;
1.023 Trust account look-up;
1.024 Inmate handbook;
1.025 Inmate notices/bulletins; and
1.026 Court date/release information.
1.027 The reports shall be available to County and its agency partners from all control
workstations and remote access computers depending on the user's access level.
SUBSECTION 2 - TABLET SPECIFIC INSTALLATION REQUIREMENTS
Contractor shall provide a minimum of a 2:1 inmate to tablet ratio at all times,excluding
requisite spares,in select housing units as dictated by the County.County shall provide
Contractor with the prior months Average Daily Population (ADP) by the fifteenth
(15th) calendar day of each month. Any additional required Tablets to meet this ratio
and mutually agreed upon onsite back up inventory, will be delivered to the County
within fifteen (15) days of notification of ADP. In the event Contractor does not
2.001 maintain the required inmate to Tablet ratio, under normal circumstances within the
Contractor's control, Contractor may be liable for liquidated damages as described in
Additional Terms and Conditions #30. Both parties agree that delays in
manufacturing and/or shipping are outside of the Contractor's control and supply chain
delays will not be counted against the Contractor when evaluating Liquidated Damages.
Contractor may need to provide proof of such delays upon County request to avoid
liability for liquidated damages.
Contractor shall be provided with the ADP for the month prior to execution of
2.002 this Agreement and shall use this ADP as the number of Tablets expected to be
installed during initial installation.
Replacement Tablet(s)that have been subjected to intentional damage, as
determined and mutually agreed upon by both parties,requested or required to
maintain a contractual inmate-to-tablet ratio will be provided at a rate of up to
2.003 $249.99 per tablet,which includes shipping,processing,maintenance, and the
software license for the use of the tablets. Contractor will invoice County only
for tablets returned due to intentional damage. Contractor will retain ownership
of the tablets and all licensed software.
2.004 Tablets shall be suitable for a correctional environment, sturdy, vandal and tamper
resistant and shall be enclosed in a durable, sealed case.
Tablets shall not utilize external speakers. Contractor shall ensure earbuds are clear
2.005 and designed in accordance with standard correctional security and environmental
concerns,including suicide prevention.
2.006 Tablets shall be capable of restricting inmate usage to the specific housing units to
which the inmate is assigned.
Contractor shall provide informational flyers/posters in English, Spanish,Vietnamese,
2.007 Cantonese, Portuguese, French, Armenian, and Mandarin outlining all Tablet
services/offerings, and the cost of those services to post at the Sheriff Facilities at no
cost to County.
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Upon completion of the initial installation and any ongoing installations, Contractor
2.008 shall provide County with a list of all Tablets, charging stations, equipment
specifications and locations of each device.
2.009 Contractor shall provide County with the number of mobile charging stations as
outlined in Section I(Facility Specifications).
SUBSECTION
Contractor shall provide touchscreen payment kiosks at the Sheriff Facilities to allow
3.001 the newly booked inmates to deposit funds into their trust account during the booking
process at no cost to County.
Upon each completed transaction,the booking kiosk(s) shall print receipts and
3.002 take a picture of the inmate. The booking kiosk shall be capable of providing
(2)two copies of a receipt for every completed transaction-one to be provided
to the inmate and one for the Facility.
During the life of the Contract, Contractor shall ensure no fees/charges are
implemented for deposits made by inmates through the booking kiosk(s).
3.003 County shall notify Contractor of any unapproved additional fees and/or
charges associated with the kiosks of which County becomes aware of. The
unapproved fees and/or charges are subject to liquidated damages as specified
in Additional Terms and Conditions#30.
Contractor shall provide lobby payment kiosks at the Sheriff Facilities, as
identified in Section I (Facility Specifications) for use by visitors to the
3.004 Facilities as a supplement to the current cashier processes for receiving trust fund
payments. The kiosks shall be no cost to the County. The kiosk payment services
shall include, but not be limited to, deposits into an inmate trust, commissary,
pre-paid collect or debit account.
Contractor shall be responsible for all maintenance, collections,accounting,
3.005 reporting and remitting of funds back to County for deposit into the appropriate
inmate accounts.
Contractor agrees to provide cash collection services for the Kiosks at no cost
3.006 to County and at a frequency approved by County. County prefers Contractor
utilized armed personnel for collection of funds. Such armed personnel service
must comply with County security policies and entry to the Sheriff Facilities.
Contractor shall be capable of providing authorized users with access to
3.007 transaction history and inmate photos as well as the option to print additional
receipts.
Contractor shall provide to County a detailed weekly ACH reconciliation report
3.008 that includes all credit and debit card and cash transactions for the preceding
week(Monday-Sunday).
3.009 Contractor shall be responsible for any costs associated with an interface if one
is required to implement any of the technologies associated with the kiosks.
3.010 County will not be responsible for any costs associated with the installation and
ongoing maintenance,repair or replacement of the kiosks.
3.011 All fees/charges associated with the kiosks in Attachment B,Rates and Fees.
3.012 Contractor shall be responsible for all maintaining and properly securing all
tools and keys associated with the kiosks.
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Before any changes to the fees/charges associated with deposits through the
lobby kiosks are implemented, Contractor must submit a written request to
3.013 receive approval from County. County will respond in writing to Contractor's
request. Unapproved adjustments implemented without the prior written
approval from County are subject to liquidated damages as specified in
Additional Terms and Conditions#30.
SUBSECTION ' O ' DEPOSIT
4.001 The lobby kiosk shall have the capability to record all activity of the user in an auditable
format which may be tracked through Contractor's system.
Contractor shall provide multiple funding methods to allow users to fund inmate trust
4.002 accounts. These methods shall include, but not be limited to, telephone funding (both
live agent and automated) and online funding through Contractor's website and mobile
application.
Contractor shall provide County and its Designated Agent with remote access to its web
based user application for the purpose of administering, monitoring, overseeing and
4.003 reviewing transactions associated with the applications/services provided under this
Contract. Remote access shall be provided by Contractor at no cost to County or its
Designated Agent.
At no cost to County,Contractor shall provide analytical features,including searchable
4.004 interfacing in order to establish funding relationships of all "linked" people making
similar transactions.
4.005 Access to Contractor's system shall require the use of a username and password. The
access levels shall be designated by County.
Contractor shall store all reports and data online for the life of the Contract. A copy of
all reports and data shall be stored offline by Contractor for a minimum period of two
4.006 (2) years following the expiration or termination of the Contract. Archival and/or
offline transactions, reports, and data shall be retrieved and provided by Contractor to
County within two(2)business days upon receipt of the requested transactions,reports,
and/or data.
4.007 Contractor's system shall have capability to allow County to query all transactions and
data stored.
4.008 Contractor's system shall have the capability to alert County staff of specific activity
based on pre-set criteria in Contractor's system via email.
Contractor's system shall have the capability to track certain activities and patterns.The
4.009 following reports(at a minimum) shall be made available as applicable for monitoring
and investigative purposes.New reports, as requested by County, shall be produced by
Contractor at no cost to County.
4.010 Deposits by inmate;
4.011 Deposits by sender;
4.012 Daily,weekly, and monthly statistics;
4.013 Totals by inmate;
4.014 Totals by kiosk;
4.015 Totals by Facility; and
4.016 Totals by transaction type.
4.017 Contractor's system shall provide the capability to customize reports in a format
mutually agreed upon by County.
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4.018 Contractor's system shall have the ability to capture all activity and tasks performed by
each system user.
4.019 These services shall be provided to County at no cost.
- ADDITIONALSECTION H
SUBSECTION1 INFORMATION
REQUIREMENT DESCRIPTION
NUMBER
1.001 At the request of the County, Contractor shall provide its automated information
technology system(AITS) at no cost to County as part of Contract which shall include
integration with County's JMS. County shall not be responsible for any costs associated
with an interface.
1.002 The AITS shall make certain basic jail information and inmate-specific information
available to the general public,including,but not limited to:
1.003 Location;
1.004 Directions;
1.005 Visitation hours;
1.006 Inmate lookup;
1.007 Release dates;
1.008 Upcoming court dates; and
1.009 Bond inquiries.
1.010 The AITS shall make certain information available to inmates, including, but not be
limited to:
1.011 Commissary balances;
1.012 Charges;
1.013 Court dates, including time and location; and
1.014 Bond amounts and types.
1.015 All information shall be made available at County's discretion.
1.016 Contractor's AITS shall be configured to update the AITS system from County's JMS
data every 15 minutes, at minimum.
1.017 Contractor's AITS shall provide the public and inmates information in both English and
Spanish. County shall have the ability to request additional languages at no cost to
County
1.018 The AITS shall have 7-days a week, 24-hours a day availability with a 99% uptime
(with the exception of downtime for repair or upgrade that is pre-scheduled with
Contractor and County). Availability shall be tracked and reset on a monthly basis.
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Contractor shall resolve all reported AITS service issues within 48 hours after receipt
of service request from County.
1.019 County reserves the right to add or remove AITS at any time during the term of Contract.
SECTION1 DETECTION
2.001 Contractor shall provide 10 number of portable cellular phone detection units ("Cell
Phone Detectors")as required or requested by County at no cost to County.
2.002 Cell Phone Detectors shall be capable of detecting contraband cellular phones in both
on and off positions and anywhere on the inmate's body or in an inmate's body cavity.
2.003 Cell Phone Detectors shall be capable of detecting other dangerous contraband such as
weaponized metal objects anywhere on the inmate's body or in an im-nate's body cavity.
SECTIONVOICE-TO TECHNOLOGY
3.001 At County's request, Contractor shall implement and maintain a voice-to-text
transcription feature for the ITS. The voice-to-text transcription feature shall have 7-
days a week, 24-hours a day availability with a 99% uptime (with the exception of
downtime for repair or upgrade that is pre-scheduled with Contractor and County).
Contractor shall resolve all reported voice-to-text transcription service issues within 48
hours after receipt of service request from County.
3.002 The voice-to-text feature shall allow authorized users to select recorded calls for
transcription and shall also have the capability for authorized users to establish criteria
tied to the voice biometric engine/keyword search engine to automatically identify calls
for transcription.
3.003 Contractor's voice-to-text transcription software shall have the capability to transcribe
in both English and Spanish. County shall have the ability to request additional
languages at no cost to County.
3.004 Contractor's voice-to-text transcription software shall have an internal translation
feature to allow authorized users to select the language into which the selected call shall
be translated.
3.005 Contractor's transcription feature shall include a spoken word search to allow
investigators to select all calls which meet the investigator's criteria to be transcribed
and sent via email to their own account or to multiple email accounts.
DEBIT 1
SUBSECTION 4 - VOICE BIOMETRICS
4.001 Contractor shall provide its initial voice biometric technology through its ITS at no cost
to County. County reserves the right to add or remove voice biometrics at any time
during the term of the Contract.
4.002 Contractor's voice biometric technology must be integrated into Contractor's ITS,
provide investigative and analytic tools and reporting,and be accessible via the ITS user
application.
4.003 Contractor's voice biometric feature shall allow for both supervised and covert
enrollment of the inmate's voice print. Contractor shall work collectively with County
on enrollment process
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4.004 County shall have access to all voicemails via the ITS user application.
4.005 Contractor's voice biometric feature shall enable authorized users to have an inmate
create a new voice print without assistance from Contractor.
DATA ANALYTICS
5.001 Contractor shall provide its investigative, data mining and analysis tools as part of the
ITS services and at no cost to County.
5.002 Data analysis tools shall be integrated into Contractor's ITS and provide data mining
tools in order to make reports available in real time to authorized Facility staff.
5.003 At County's request,Contractor shall make available its Call IQ-Inmate-to-Inmate Call
Detection at no cost to County.
ComplexCentral Jail Theo Lacy Facility Western Medicall
i
Average Daily Population 1,334 2,028 11
(ADP):
Number of Beds: 1,813 3,442 11
Facility Type: Sheriff Facility Sheriff Facility Sheriff Facility
Inmate Type: County County County
Call Time Limit: 30 Minutes 30 Minutes 30 Minutes
Hours of Availability for Inmate 12:00 a.m. - 11:59 12:00 a.m. - 11:59 12:00 a.m. - 11:59
Telephones: p.m. p.m. p.m.
Hours of Availability for 12:00 a.m. - 11:59 12:00 a.m. - 11:59 12:00 a.m. - 11:59
Booking Telephones: p.m. p.m. p.m.
Inmate Telephones Required: 316 302 0
Required Telephone Cord 18" 18" N/A
Length(Inmate Telephones):
Visitation Telephones Required: 182 (91 stations) 212 (106 stations) 0
Required Telephone Cord 32" 32" N/A
Length(Visitation Telephones):
Portable-Phones Required: 3 3 2 Cordless
TDD Devices Required: 1 2 1
VRS Units Required: 1 1 0
Inmate Video Visitation 87 63 0
Stations Required:
Required Cord Length(Inmate 18" 18" N/A
Video Visitation Stations):
Required VVS Control 3 2 N/A
Workstations:
Required Tablets at capacity
(2:1 ratio as outlined in Section 907 1,721 0
G—Tablet Requirements):
Initial Number of Tablets
Required at Installation 734 1,115 0
(including 10%backstock :
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Remaining Number of Tablets
installed based on ADP 264 778 0
capacity:
Required Charging Stations: 36 69 0
Required Kiosks(Lobby): 1 1 0
Cell Phone Detector Units: 5 5 N/A
Required Kiosks(Booking): 1 1 N/A
Required Kiosks(Registration) I 1 N/A
Youth Guidance
Data Categoryand
Leadership Academy
Average Daily Population 110 65
ADP):
Number of Beds: 325 325
Facility Type: Probation Facility Probation Facility
Inmate Type: County County
Call Time Limit: 30 Minutes 30 Minutes
Hours of Availability for Inmate 07:00 p.m. -08:30 07:00 p.m. -08:30
Telephones: p.m. p.m.
Hours of Availability for N/A N/A
Booking Telephones:
Inmate Telephones Required: 72 72
Required Telephone Cord 18" 18"
Length(Inmate Telephones):
Visitation Telephones Required: 0 0
Required Telephone Cord TENTIONALLY
Length(Visitation Telephones): N/A N/A LEFT BLANK
Portable-Phones Required: N/A N/A
TDD Devices Required: 1 1
VRS Units Required: 0 0
Inmate Video Visitation 0 0
Stations Required:
Required Cord Length(Inmate N/A N/A
Video Visitation Stations):
Required VVS Control N/A N/A
Workstations:
Required Tablets: 0 0
Required Charging Stations: 0 0
Required Kiosks(Lobby): 0 0
Cell Phone Detector Units: TBD TBD
Required Kiosks(Booking): N/A N/A
Required Kiosks(Registration) N/A N/A
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ATTACHMENT B
RATES AND FEES
Any additional fees to be charged to inmates or visitors must be approved by County prior to implementation.
County and Contractor shall mutually agree on the method of revenue share due to County associated with the
additional charges/fees. Unapproved fees and/or charges are subject to liquidated damages as specified in the
Contract,Additional Terms and Conditions,#30.
CategoryITS REQUIRED CALLING RATES
Ma imum Cost of Call
I
Local/In-State,and Interstate
Collect/Direct Bill/Debit/Pre- $ 0.07 $ 2.10
Paid Collect
International
$0.14+applicable international $ 4.20+
Collect/Direct Bill/Debit/Pre- wholesale carrier charges. Pass-through Only(No Mark
Paid Collect International collect is not supported. U Allowed
Inbound Voicemail $ 1.00 . N/A
TDD Calls $ 0.00 N/A
ITS REQUIRED FEES
Fee Type 7 Amount Frequency
Pre-Paid Collect Funding Fee
Third Party Not to exceed$6.95 Pass Through Only
REQUIRED WS RATES
goCost/Visit
I Minutes
30-Minute Remote Video $ 0.30 $ 9.00
Visitation Session:
All Other Fees: Not Allowed
TABLET CONTENT ACCESS RATES
Fee Amount
Category Fee Name
Educational Content N/A $ 0.00
Religious Content N/A $ 0.00
Inmate Grievances/Requests N/A $ 0.00
Law Library N/A $ 0.00
Commissary Ordering N/A $ 0.00
Electronic Messages(End- Per-Message Fee $ 0.25
User
Video Messages(End-User) Per-Message Fee $ 0.25
Entertainment Media-Games Per-Minute Fee $ 0.05
Entertainment Media-Movies Per-Minute Fee $ 0.05
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Entertainment Media-Music Per-Minute Fee $ 0.05
Entertainment Media- Per-Minute Fee $ 0.05
Streamin
Cash Deposits (Lobby Kiosk) IF
$0.01-$50.00 $2.49
$50.01-$200.00 $2.95
Web/Mobile/IVR Deposits
$0.014100.00 $3.99
$100.014200.00 $4.99
Cash Walk-in-Retail
$0.01-$200.00 1 $3.95
* Cost recovery only and not factored into revenue share
93
ATTACHMENT C
REVENUE SHARING AND COST RECOUPMENT
This is a Revenue Sharing Contract between the County and the Contractor for service provided in Attachment
A, Scope of Work. Contractor shall pay revenue to the County as follows:
Contractor shall pay,on a monthly basis,the greater of a Minimum Monthly Guarantee("MMG")or a revenue
share calculated on Gross Revenue, as defined in Attachment A, Scope of Work, Section A (General
Conditions),by the 15'of the month immediately following the month in which the revenue was earned.
In addition, Contractor shall pay the County $50,000.00 per month s an administrative payment to recover
County's internal and external costs associated with management of inmate communications,which is due and
payable on the 15t'of each month concurrently with the monthly revenue.
Contractor and County shall evaluate Gross Revenue generated through all communications services annually,
or more frequently if requested by the County,to identify fluctuations in Gross Revenue.Both parties agree to
negotiate additional revenue share amounts in response to identified increases in Gross Revenue, but at no
point throughout the life of the Contract shall the Revenue Share amounts fall below those identified below
without written approval from the County. Upon execution of the Contract, Contractor and County shall
establish a mutually agreed upon baseline of Gross Revenues for which to base subsequent annual evaluations
off of.
Revenue Share and Administration Fee Payment
Category
ITS Revenue Share(%) 64% Monthly
Inbound Voicemail Revenue Share(%) 50% Monthly
VVS Revenue Share(%) 25% Monthly
Tablet Media Revenue Share(%) 25% Monthly
Monthly Administration Fee Payment $ 50,000.00 Monthly
ITS Monthly Minimum Guarantee $ 83,333.33 Monthly
Revenue share and administrative payments shall be sent by Contractor to the County at the following address:
County of Orange
Sheriff-Coroner/Financial Services Division
320 N Flower St., Suite 108
Santa Ana, CA 92703
Attn: Cindy Vuong
Ph: 714.834.6787
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ATTACHMENT D
COUNTY SUPPLIED ITEMS AND ASSISTANCE
1. At County's sole discretion, County will furnish Contractor the following:
a. County will mail copies of the applicant's complete background packet.
2. The following items will be discussed in detail with County representatives in initial project kick-off
meeting. These are in addition to general personnel support needs (e.g., participation in Project
Planning meetings) included in the Implementation Plan. Since GTL ITS is already installed and
functioning in Sheriff Facilities,the information and other support required from the County is greatly
reduced from a new installation.
Pre-Installation Logistics
For each facility,the Sheriff will provide the following information:
• What clearance process must be completed for a site survey?
• What clearance process must be completed for an installation crew?
• What clearance process must be completed for a training/go-live crew?
• What hours are the installation crew permitted to be onsite?
• Does the facility permit overnight tool storage in a secure location within the facility?
• Does the facility permit parking of installation trailers in a secure location at the facility?
• What is the receiving and storage process of GTL-provided equipment? Can the Sheriff
store equipment the week before and for the duration of the installation?
LAN(Network Install and Testing)
For each facility,the Sheriff shall provide the following information(in relation to new
systems to be installed):
• Whether County has dark fiber or available copper from MDF to all IDF
• IDF locations along with space&power available and environmental conditions
• Whether IDF is within 300' cable run feet of the WAP and In-Pod Kiosk placements
• If existing cabling from IDF to living pods will be reused,what CAT specification is in
place and how far fromIDF?
• Whether Wireless Access Points&Flex Link in-pod kiosks can be installed with Power-
Over-Ethernet(POE)provided from the switch in the IDF
In-pod installation
• Housing unit list with ADP,Bed Count,Classification,and relevant device(Kiosk,Tablet)Counts
• IDF will provide data and power via ethernet cabling to WAP and KiosksAny security requirements
for installing WAP and Kiosks?
• Any customer requirements for installing new or using existing devices?
• Union requirements for cabling or for equipment install?
• Code requirements?
3. Contractor does not require any County furnished equipment,materials or facilities other than the
aforementioned applicant background packets and information.
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3. ATTACHMENT E
IMPLEMENTATION PLAN
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ATTACHMENT F
SERVICE EXCALATION MATRIX
50%or more of the service at a single site or housing unit is out of service,any call processor or node
failure, any failure in call restriction functions,any data and/or security breach incidents,any system
failure resulting in the recording of calls previously set as private/do not record,or any other condition
' that renders the system incapable of performing all its normal functions.
• Response time is less than one(1)hour.
• Resolution time is less than three(3)hours without site visit.
• Resolution time is less than six 6 hours with a site visit.
25%-50%of the service at a single site or housing unit is out of service or any device that has an
impact on the site's ability to conduct normal business. The sequestration of call recordings to
i
private call numbers not previously verified as private/do not record,but who have since been
verified as belonging to an attorney.
• Response time is less than two(2)hours.
• Resolution time is less than six(6)hours without site visit.
• Resolution time is less than ten 10 hours with a site visit.
0%-25%of the service at a single site or housing unit is out of service, local exchange or area code
issues or PIN administrative issues that have a limited impact on ability to conduct normal business
• Response time is less than two(2)hours.
• Resolution time is less than six(6)hours without a site visit.
• Resolution time is less than fourteen(14)hours with a site visit.
Items that are on a software fix list or related to administrative issues that are informational or non-
service affecting conditions or not business critical.
• Response time is less than four(4)business hours.
• Resolution time is less than twenty-four(24)business hours w/o site visit.
• Resolution time is less than twenty-four(24)business hours with site visit.
Severity Work Order Update
P-1 Every 2 hours
P-2 Every 4 hours
P-3 Every 6 hours
P-4 Every 8 hours
N/A As Needed
Priority of any service escalation can be lowered with County's written approval.
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Trouble Escalation Path/Authority Levels
Escalation Level Escalation Personnel
Level I On-Site Technicians
Edward Hamrick
Level 2 Field Services
Manager
Eric Hoffinan
Level 3 Field Service
Director
Ken McNiel
Level 4 Associate Vice President of Field Services
Aaron Webster
Level 5 SVP, Service Excellence
Rick White
Level 6 Chief Operations Officer
Deb Alderson
Level 7 Chief Executive
Officer
Security Incidents
All of Contractor's employees are part of the security team and therefore are expected to monitor for
and report any suspicious activities to the Information Security Department. This includes strange
emails, unexpected results from applications/servers (e.g., locked accounts, server reboots, memory
allocation errors, etc.), suspicious individuals on site, etc. The Information Security Department will
evaluate potential cyber security incidents in relation to current and potential technical effect,
business impact and criticality of the affected resources. Below are the four unique severity levels
and criteria related to Security Incidents. The Severity Level for a specific incident, may be lowered
with approval from the County.
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Severity Level Criteria
Level 1 —High/Critical 1) An active attack has been discovered on the
system or network. (e.g., denial of service or
rapidly spreading malicious code)
2) Serious attempt or actual breach of security
(e.g., multi-pronged attack, denial of service
attempt, virus infection of a critical system or the
network, successful buffer/stack overflow, or
where a perpetrator maliciously attacked our
systems and as a result obtained sensitive data.
3) Components compromised that store or
process such data(e.g., broken lock, stolen papers)
or a second, recurring Level 2 attack.
4) It has been determined that other
organizations' systems are affected, such as
business partners or outside organizations.
5) It has been determined that the resources
involved are in the critical or high categories. (This
would include any system in one of the secure
Contractor network segments.)
6) The incident has an impact or potential
impact of
a Financial loss;
b Loss or compromise of data;
c Violation of legislation/regulation;
or
d Damage to the integrity or delivery
of critical goods, services, or information
Level 2 - Medium 1) One instance of a clear attempt to obtain
unauthorized information or access (e.g.,
attempted download of secure password files,
attempt to access restricted areas, single computer
successful virus infection on a non-critical
system,unauthorized vulnerability scan) or a
second, recurring Level 3 attack.
2) Any Level 3 incident relating to systems storing
sensitive or confidential data or originating from
unauthorized internal systems should be re-
classified as a Level 2.
3) It has been determined that the data involved is
classified as publicly available.
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4) The breach has been contained and downgraded
from a Level 1 attack, but the vulnerability that
caused the incident has not been determined or
mitigated.
Level 3 - Low 1) One instance of potentially unfriendly activity
(e.g., finger, unauthorized telnet,port scan,
corrected virus detection, unexpected performance
peak).
2) The breach has been contained or the incident has
been resolved, resulting in no risk to the company.
Level 4 -Unknown 1) Should be used when none of the other severity levels
or criteria can be met or determined.
2) Any attempted attack or unauthorized intrusion that
was unsuccessful/blocked by a security control or
process.
Requirements for notifications,updates, and mitigation after an Incident are more fully set forth
below and in Additional Terms and Conditions, Paragraphs 39 through 41.
Trouble Escalation Path/Authority Levels
Reporting Requirements
Reporting The employee that detected the security incident is
Requirement responsible for notifying the Contractor's VP of
Information Security within thirty (30) minutes of
detection.
Escalation If the security incident is deemed a threat by the Contractor's
VP of Information Security, the security team will begin
remediating the vulnerability immediately and will inform the
Contractor's COO within 30 minutes of being reported of the
potential security incident.
Escalation Based on the determined risk of the incident, the
Level Contractor's COO may make the Contractor's CEO aware of
Involvement the Security Incident.
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Attorney Recordings
The identification of a recorded attorney telephone call is a high priority incident, even if it's one
call. Below is the escalation path to raise awareness of the recorded call and ensure it is dealt with
promptly and appropriately to the County's satisfaction. There will be parallel communication with
the Legal department to engage once the alleged recording is identified.
Escalation • Personnel
Edward Hamrick
Level 1 Field Services
Manager
Eric Hoffinan
Level 2 Field Service
Director
Ken McNiel
Level 3 Associate Vice President of Field Services
Aaron Webster
Level 4 SVP, Service Excellence
Rick White
Level 5 Chief Operations Officer
Upon the confirmed identification of a previously unidentified recorded attorney call, a ticket
will be raised with Technical Support to sequester the call(s) in question. Technical Support
will sequester the call(s) within 24 hours of receipt of the ticket. County's authorized
personnel shall be notified immediately,but no later than one business day after identification
of the alleged recording.
Data Breach
Contractor uses a Security Information and Event Management (SIEM) tool to centrally
capture and protect the logs of critical production assets. The employee that detects a
Security Incident,is responsible for notifying Contractor's VP of Information Security within
thirty (30) minutes of detection. Contractor's Security Department will immediately report
any resulting Data Breach to, and work together with, the County's authorized personnel to
provide appropriate information in understanding the impact of the Data Breach, including
ongoing reports as is set forth in Additional Terms and Conditions, Paragraph 39.
If the Security Department reasonably believes that a Security Incident has resulted in data
being accessed by unauthorized persons, the incident will be classified as Level 1 and in
addition to carrying out the tasks described below and in Additional Terms and Conditions,
Paragraph 39,the Security Department will immediately notify the Chief Operations Officer
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("COO"). The COO will then designate an incident response team comprised of personnel
from both the Information Security and, as well as any other personnel that the VP of
Information Security deems appropriate.
Under the management of the COO, this incident response team will work to make certain
that Contractor's response to an incident involving a Data Breach is consistent with any
applicable state and federal laws related to these types of incidents, including any security
breach notification laws.
1. Contain, Eradicate, Recover, and perform Root Cause Analysis
2. Complete the Incident Response Form(See Standard Operating Procedure(SOP)
SEC-004003)
3. If the incident involved credit card systems, the Acquirer and applicable card
associations must be notified.
4. Individuals whose personal data was, or is reasonably believed to have been,
acquired by unauthorized persons shall be notified pursuant to CA Civil Code
section 1798.82 and all other applicable laws.
5. Contain the intrusion and decide what action to take. Consider unplugging the
network cables, applying highly restrictive ACLs, deactivating, or isolating the
switch port, deactivating the UserID, terminating the User's session/change
password etc.
6. Collect and protect information associated with the intrusion via offline methods.
If forensic investigation is required, the Information Security Department will
work with the Legal Department and management to identify appropriate,
independent, industry-recognized forensic specialists.
7. Notify Contractor's senior management of the situation and maintain notification
of progress at each following step.
o Eliminate the intruder's means of access and any related vulnerabilities.
o Research the origin of the connection.
o Contact ISP and ask for more information regarding attempt and intruder,
reminding them of their responsibility to assist in this regard.
o Research potential risks related to or damage caused by intrusion method
used.
//
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Trouble Escalation Path/Authority Levels
Reporting Requirements
Reporting The employee that detected the data breach is responsible for
Requirement notifying the Contractor's VP of Information Security within
thirty (30) minutes of detection.
Escalation If the data breach is deemed a threat by the Contractor's VP of
Information Security,the security team will begin remediating
the vulnerability immediately and will inform the Contractor's
COO within 30 minutes of being reported of the potential data
breach.
Escalation Based on the determined risk of the incident,the Contractor's
Level COO may make the Contractor's CEO aware of the Data
Involvement Breach.
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ATTACHMENT G
TOOL CONTROL POLICY
Orange County Sheriff's Department Tool Control Policy
Tool Control Guidelines for Contractors Working in Correctional Facilities
The Orange County Sheriff's Department has implemented a Tool Control Program at all jail facilities. The
purpose of the program is to increase the safety at the facilities by keeping dangerous tools out of the hands of
inmates. All contractors entering one of these facilities will be required to comply with the program
requirements.The security staff at these facilities will make every effort to minimize any inconvenience caused
by this program. We are providing you these guidelines so you can prepare the necessary documentation in
advance to minimize any delay entering the facility.
All contractors performing work inside the security area of the facilities will be required to have their tools
inventoried upon entry to, and exit from the facility.
Instructions for persons entering the facility:
• Complete the attached inventory form listing all of the tools you will need to take inside (preferably
prior to arrival at the facility). Limiting the number of tools needed, will speed your entry and
departure.
• Present the written inventory at the entrance to the facility at which you are working.
• A member of the security staff will compare the tools you are taking into the facility to your written
inventory and return the form to you after signing it.
• A member of the security staff will repeat the inventory on your way out of the building to make sure
you have not left any tools at the job site.
• The security staff will retain the original inventory,but will make you a copy if you need one.
• Contractors performing regular work at these facilities should prepare advance inventories for each
toolbox with a few blank lines at the bottom and store the inventories on a computer.When you need
to come to a facility,you can print the appropriate pages to take with you and handwrite any additional
special tools at the bottom.
• If needed,you will be allowed entry to the facility to look at the work to be done prior to determining
what tools you will need to minimize the number of tools subject to the inventory requirement.
Instructions for vehicles entering the facility:
• All vehicles entering the secured parking area of any correctional facility operated by the Orange
County Sheriff's Department will be subject to search and will be logged in and out at the gate.
• Vehicles entering the Intake Release Center or Theo Lacy Facility will not need to have the tools
inventoried. You will only need to inventory the tools to be carried inside the facility.
• Vehicles entering the James A.Musick Facility will need to be inventoried prior to entering and exiting
the facility.
Contact Information if you have questions about this policy or need more information:
James A. Musick Facility• (949) 855-7777
Intake Release Center• (714) 647-6120
Theo Lacy Facility• (714) 935-6216
JOB TOOL INVENTORY LIST
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Date: Name: WO#
*Security staff must initial and write down their badge number for both the in and out inventory.
Tool/Id# In Out
1) ❑ ❑
2) ❑ ❑
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4) ❑ ❑
5) ❑ ❑
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26) ❑ ❑
27) ❑ ❑
28) ❑ ❑
105
ATTACHMENT H
LABOR AND MATERIAL PAYMENT BOND/PERFORMANCE BOND
0 ` 0 County of Orange
Orange County Sheriff-Coroner Department
��LIF08�~Q'
FAITHFUL PERFORMANCE BOND
BOND NO.
(The premium charged on this bond is $ ,being at the rate of$ per thousand of the
Contract price.)
KNOW ALL MEN BY THESE PRESENTS:
THAT,WHEREAS,the COUNTY OF ORANGE, State of California,entered into a contract dated
reinafter called"Contract," with
(Name and Address of Contractor)
hereinafter called"Principal," for the work described as follows:
and
WHEREAS,said Principal is required under the terms of said Contract to furnish a bond for the faithful
performance of said Contract, and,
NOW, THEREFORE,WE,the Principal, and
(Name and Address of Surety(ies))
duly authorized to transact business under the laws of the State of California,as Surety(ies),hereinafter called
"Surety(ies),"are held and firmly bound unto COUNTY OF ORANGE in the penal sum of
Dollars ($ ),
lawful money of the United States,for the payment of which sum,well and truly to be made,we bind ourselves,
our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
106
THE CONDITION OF THIS OBLIGATION is such that, if the Principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to, and abide by, and well and truly keep and perform
the covenants,conditions and agreements in the said Contract,and in any alteration thereof made as therein provided,
on his or its part to be kept and performed, at the time and in the manner therein specified, in all respects according
to their true intent and meaning, and shall indemnify, defend with counsel approved in writing by COUNTY, and
save harmless the COUNTY OF ORANGE, its officers and agents, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and virtue. As part of the obligation secured
hereby and in addition to the face amount specified therefore, there shall be included cost and reasonable expenses
and fees incurred by COUNTY in successfully enforcing such obligation, all to be taxed as cost and included in any
judgment rendered. And the said Surety (ies), for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or to
the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby
waive notice of any such change,extension of time,alteration or addition to the terms of the Contract,or to the work,
or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
APPROVED AS TO SURETY AND LIMITS CONTRACTOR
By By
CEO/Risk Management Name & Title (see footnote)
By
APPROVED AS TO FORM Name & Title (see footnote)
Office of the County Counsel
Orange County, California
SURETY (ies)
By By
Deputy
Dated
Footnote: Pursuant to the requirements of California Corporations Code section 313, one of the following two
methods must be used by a corporation when it enters into a contract with the County:
1) Two people must sign the document. One of them must be the chairman of the board,the president or
any vice president. The other must be the secretary, any assistant secretary,the chief financial officer
or any assistant treasurer.
2) One corporate officer may sign the document,providing that written evidence of the officer's authority
to bind the corporation with only his or her signature must be provided. This evidence would ideally
be a corporate resolution.
Signature of Surety(ies)representative must be notarized. Attach certificate of notarization to this document.
Name of Surety(ies)Company must be typed or stamped above signature line of surety(ies)representative.
107
.J OF 0�9 County of Orange
Orange County Sheriff-Coroner Department
LABOR AND MATERIAL PAYMENT BOND
BOND NO.
KNOW ALL MEN BY THESE PRESENTS:
THAT,WHEREAS COUNTY OF ORANGE has awarded to
(Contractor's Name and Address)
hereinafter called"Contractor," a contract for the work described as follows:
hereinafter called"Contract"; and,
WHEREAS, said Contractor is required by the provisions of Sections 9550 et. seq. of the Civil Code to furnish a
bond in connection with said Contract, as hereinafter set forth; and,
NOW,THEREFORE,WE,the undersigned Contractor, as Principal, and
[Name and Address of Surety(ies)]
duly authorized to transact business under the laws of the State of California, as Surety(ies), hereinafter called
"Surety(ies)," are held and firmly bound unto COUNTY OF ORANGE in the penal sum of
Dollars ($ ), lawful
money of the United States, said sum being not less than the estimated amount payable by the said COUNTY OF
ORANGE under the terms of the Contract, for the payment of which sum, well and truly to be made, we bind
ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
108
BOND NO.
THE CONDITION OF THIS OBLIGATION is such that,if said Contractor,his or its heirs,executors,administrators,
successors,and assigns,or subcontractors,shall fail to pay for any materials,provisions,provender or other supplies,
or teams,implements or machinery,used in,upon, for or about the performance of the work under the Contract to be
done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, as required by the provisions of California Civil Code 9550 et. seq.,and provided
that the claimant shall have complied with the provisions of said Civil Code,the Surety(ies)shall pay for the same in
an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is
brought upon this bond, the said Surety (ies) will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by COUNTY in successfully enforcing this
obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein
rendered. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file
claims under Section 9100 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought
upon this bond,and shall also cover payment for any amounts required to be deducted,withheld,and paid over to the
Employment Development Department from the wages of employees of the Contractor or his or its subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code. And the said Surety(ies),for value received,hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
work to be performed thereunder, or to the specifications accompanying the same, shall in anywise affect its
obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition
to the terms of the Contract, or to the work,or to the specifications.
IN WITNESS WHEREOF,we have hereunto set our hands and seals this_day of
APPROVED AS TO SURETY AND LIMITS CONTRACTOR
By By
CEO/Risk Management Name & Title (see footnote)
By
APPROVED AS TO FORM Name & Title (see footnote)
Office of the County Counsel
Orange County, California
SURETY(IES)
By By
De u
Dated
Footnote: Pursuant to the requirements of California Corporations Code section 313, one of the following two
methods must be used by a corporation when it enters into a contract with the County:
1) Two people must sign the document. One of them must be the chairman of the board,the president or any
vice president. The other must be the secretary, any assistant secretary, the chief financial officer or any
assistant treasurer.
2) One corporate officer may sign the document, providing that written evidence of the officer's authority to
bind the corporation with only his or her signature must be provided. This evidence would ideally be a
corporate resolution.
Signature of Surety(ies)representative must be notarized. Attach certificate of notarization to this document.
Name of Surety(ies)Company must be typed or stamped above signature line of surety(ies)representative.
109
Appendix E
PREA Addendum
110
Appendix E
IFF oe p
FRESNO COUNTY SHERIFF'S OFFICE
POLICY ACKNOWLEDGEMENT
PREA—SEXUAL MISCONDUCT AND ABUSE
F+en4li..h<A,x5
As part of the National Standards to Prevent, Detect, and Respond to Prison Rape, the Sheriff's
Office is required to ensure that all employees, contractors, and volunteers who have contact
with incarcerated people are aware of their responsibilities under the Sheriff's Office sexual
abuse prevention, detection, and response policy and procedure.
ZERO-TOLERANCE
The Fresno County Sheriff's Office maintains a ZERO-TOLERANCE policy regarding sexual
abuse and sexual harassment. Not only does this include incarcerated person-on-incarcerated
person sexual assault, but also sexual abuse, sexual misconduct, and sexual harassment of an
incarcerated person by a staff member, contractor, or volunteer.
SEXUAL ABUSE - IMMEDIATE RESPONSE
If the incarcerated person was sexually abused within a time period that still allows for the
collection of physical evidence, request that the victim not take any actions that could destroy
the evidence (e.g., showering, brushing teeth, changing clothes, using the restroom, eating,
drinking), and then immediately notify correctional staff.
REPORTING ALLEGATIONS
An incarcerated person may report sexual abuse* to any employee, volunteer, or contractor. If
the incarcerated person reports the sexual abuse to you, you are required to immediately notify
your supervisor and report the information to the on-duty Jail Watch Commander (600-8440).
'Incarcerated people may report any aspect of sexual abuse, sexual misconduct, and sexual harassment; retaliation by other
incarcerated people or staff for reporting sexual abuse and sexual harassment; and staff neglect or violation of responsibilities
that may have contributed to an incident of sexual abuse.
Any allegation is a very serious situation and shall be treated with discretion and confidentiality.
Apart from reporting to your supervisor and the Jail Watch Commander, do not reveal any
information related to the sexual abuse to anyone other than those who "need to know" (i.e.,
those who need to make treatment, investigation, and other security and management
decisions).
SENSITIVITY
Victims of sexual abuse may be seriously traumatized both physically and mentally. You are
expected to be sensitive to the incarcerated person during your interactions with them.
SEXUAL DISORDERLY CONDUCT
By choosing to work in a jail environment, you have accepted the possibility that you may face
inappropriate and socially deviant behavior. While it is not possible to stop all obscene
comments and conduct by incarcerated people, neither shall it be accepted; acts of indecent
exposure, sexual disorderly conduct and exhibitionist masturbation will not be tolerated. Any
incarcerated person who engages in indecent exposure or sexual disorderly conduct shall be
reported immediately to correctional staff, with a follow-up advisement to your supervisor.
Sexually hostile conduct shall not be ignored.
If you have any questions, please contact
Please sign and return the attached Policy Acknowledgement form to your supervisor.
111
FRESNO COUNTY SHERIFFS OFFICE
JAIL DIVISION
POLICY ACKNOWLEDGEMENT
PREA- SEXUAL MISCONDUCT AND ABUSE
I hereby acknowledge that I received a copy of the Sexual Misconduct and Abuse policy for the
Custody Division of the Fresno County Sheriff's Office and that I have read it, understand its
meaning, and agree to conduct myself in accordance with it.
Signed: Date:
Print Name:
Name of Employer:
Name of Supervisor:
112
Appendix F
No Hostage Policy
113
Appendix F
COUNTY OF FRESNO
SHERIFF'S OFFICE
GUEST, OBSERVER, VOLUNTEER, OR NON-EMPLOYEE
AGREEMENT ASSUMING RISK OF INJURY OR DAMAGE
WAIVER AND RELEASE OF CLAIMS
Whereas the undersigned, not being a member, employee, or agent of any law
enforcement department, has made a voluntary request for permission to act as an
observer, guest or volunteer in the Fresno County Detention Facilities and has
requested permission to accompany and/or work with the assigned personnel of the
Fresno County Jail Division during the performance of their official duties;
And, whereas, the undersigned acknowledges that the work and activities of said
Fresno County Jail Division at any time can be dangerous involving possible risk of
injury, damage, expense, or loss to person or property. It is understood that the Fresno
County Sheriff's Office has a strict "No Hostage" policy, which means that no inmate will
be allowed to leave a detention facility because of the taking of a hostage. Force may
be necessary to rescue hostages. This policy will be applied in all cases without regard
to the sex, age, or status of any hostage.
Now, therefore, be it understood that the undersigned hereby agrees that the County of
Fresno, the Fresno County Sheriff's Office and members of the Fresno County Sheriff's
Office Jail Division and each of them shall not be held liable or responsible under any
circumstances whatsoever by the undersigned, his or her estate, or heirs, for any injury,
damage, expense, or loss to the person or property of the undersigned, incurred while
acting as a guest-observer within the confines of the Fresno County Detention Facilities
or while accompanying a staff member of the Fresno County Jail Division during the
active performance of his/her official duties.
*READ THIS DOCUMENT COMPLETELY BEFORE SIGNING*
SIGNATURE: DATE:
PARENT/GUARDIAN:
ADDRESS:
HOME PHONE: WORK PHONE:
COMPLETE BACK OF FORM
J-180
114
FRESNO COUNTY
SHERIFF'S OFFICE
GUEST, OBSERVER, VOLUNTEER, OR NON-EMPLOYEE
NAME: SEX: M F
Last First Middle (Circle one)
ADDRESS:
Number Street Apt.#
City State ZIP
DRIVER'S LICENSE #: STATE:
BUSINESS/OCCUPATION/SCHOOL:
RACE: HAIR: EYES: HEIGHT: WEIGHT:
PLACE OF BIRTH: BIRTHDATE:
City State
IN CASE OF EMERGENCY/ACCIDENT (Nearest relative, parent/guardian):
NAME: PHONE #:
ADDRESS:
Number Street Apt.#
City State ZIP
FAMILY DOCTOR/MEDICAL SERVICES REQUESTED BY OBSERVER IF INJURED
OR ILL:
Received by: Computer#:
Date of Tour:
115