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HomeMy WebLinkAbout20043593.tiff RESOLUTION RE: APPROVE CORRECTION TO FACILITY INMATE SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - EVERCOM SYSTEMS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on November 22, 2004, the Board approved a Facility Inmate Services Agreement, Document#2004-3363, between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Weld County Sheriffs Office, and Evercom Systems, Inc., and WHEREAS, the Board has been presented with a correction to said agreement, and WHEREAS, after review, the Board deems it advisable to approve said corrected agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Correction to Facility Inmate Services Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff's Office, and Evercom Systems, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said corrected agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 27th day of December, A.D., 2004. BOARD OF COUNTY COMMISSIONERS E llecz)�` COLORADO • 1861 0; -y Robert D. Masden, Chair r- : • `� lerk to the Board % a���I EXCUSED ll���dd William H erke, Pro-Tem . Deputy Clerk t• th- Board Qi,/.d M. ile VEDAS RM: � FC)( l Davi . Lon/l � //County A tor ey Glenn Vaad Date of signature: G'��J/l7r 2004-3593 SO0025 (I() ', SC; 1111 —.) EVERCOM Facility Inmate Services Agreement This Facility Inmate Services Agreement(this 'Agreement')Is by and between Weld County North Jail Complex ("Customer) located at 2110 O Street,Greeley, CO 80631 and Evercom Systems,Inc.("Evercom')located at 8201 Tristar Drive,Irving,Texas 75063. The parties agree that this Agreement shall govern the relationship between the parties at all of Customer's current and future facilities (collectively,the'Facility'). "Commencement Date'means(check one blank): "Commissions'means collectively: [j Date the Equipment is installed and ready in first Facility 'Collect Call Commission Percentage': (See Exhibit D) [I Lest date this Agreement is signed by a party 'Prepaid Card Discount': (See Exhibit 0) [X] Specific date: 1112005 'Debit Account Commission Percentage': (See Exhibit D) 'Term'means the period beginning on the Commencement Date and ending on the date that is three years thereafter. 1. Term. This Agreement shall be effective on the 60 days prior to a Payment Date of any change in Customer's Commencement Date(defined above)and shall remain in effect remittance address. during the Term. If, because of strikes, riots,wars, Of for any other reason, business operations at a Facility are interrupted, 5. Maintenance and Repair. During the Term, Evercom shall then the Term shall be extended for a period of time equal to the repair and maintain the Evercom hardware and software period of such business interruption. delivered and installed at the Facility(the "Equipment') in good operating condition(ordinary wear and tear excepted),including, 2. Exclusive Right. In consideration for the Commissions without limitation, furnishing all parts and labor. NI such (defined above) and for the services provided by Evercom as maintenance shall be conducted in accordance with the service described in Exhibit A (the 'Services'), Customer grants to level commitments in Exhibit B. Al such maintenance shall be Evercom the exclusive right and license to install,maintain,and provided at Evercom's sole cost and expense unless derive revenue from the Evercom inmate telecommunications necessitated by any misuse of, or destruction, damage, or system, as well as the related hardware,software and services vandalism to, the Equipment by Customer (not inmates at the provided by Evercom, including, without limitation, inmate Faculty), in which case, Evercom may recoup the cost of such telephone services (whether local or long distance collect, coin, repair and maintenance through either a Commission deduction prepaid, or debit calls). With regard to the Services, Evercom or direct invoicing, at Evercom's option. Customer must shall instal the equipment end other items listed on Exhibit A at promptly notify Evercom in writing after discovering any misuse the Facility. of, or destruction, damage, or vandalism to the Equipment. 3. Compensation. In consideration for the exclusive right Customer shall permit Evercom's employees and contractors granted to Evercom pursuant to this Agreement: access to the Facility for the purpose of installing, operating, a. Collect Calls. Evercom shall repairing, and maintaining the Equipment. If any Equipment Is $ pay Customer the interfaced with other devices or software owned or used by applicable Collect Call Commission Percentage of the Gross Customer or a third party,then Evercom shall have no obligation Revenue earned by Evercom through the completion of collect to repair or maintain such other devices or software. calls('Collect Calls')placed from the Facility. b. Inmate Prepaid Calling Cards. Upon written request 6. Liability Insurance. Evercom shall maintain comprehensive by Customer,Evercom shall provide inmate prepaid calling cards general liability Insurance having limits of not less than for resale to inmates by Customer. Customer shall pay Evercom $1,000,000.00 in the aggregate, naming Customer as an for the minutes designated on the prepaid cards at the Rates, additional named Insured on the policy. Customer shall provide less the Prepaid Card Discount. If Evercom has not received Evercom with reasonable and timely written notice of any claim, Customer's payment for the prepaid calling cards within 90 days demand, or cause of action made or brought against Customer after Customer's receipt of the cards,then Evercom reserves the arising out of or related to the utilization of the Equipment or right to deduct the cost of the cards from the Commissions until related services. Evercom shall have the right to defend any paid in full. such claim, demand, or cause of action at its sole cost and c. Debit Account Calls. Evercom shall pay Customer the expense and within its sole and exclusive discretion. Customer applicable Debit Account Commission Percentage of the Gross shall not compromise or settle any claim or cause of action Revenue earned by Evercom through the completion of calls arising out of or related to the utilization of the Equipment or placed from the Facility that are paid from designated prepaid related services without the prior written consent of Evercom. Evercom debit accounts,the records of which are stored in the Customer agrees to use good falh efforts to assist Evercom with Equipment('Debit Account Calls'). Its defense of any such claim,demand,or cause of action. d. Gross Revenue. 'Gross Revenue'means all charges (excluding taxes, if any) billed by Evercom relating to either 7• Indemnity. EVERCOM SHALL DEFEND,INDEMNIFY AND Collect Calls or Debit Account Calls. HOLD CUSTOMER, AND ITS AFFILIATES, AGENTS, e. Rates. Evercom shall charge telephone rates (the EMPLOYEES, OFFICERS, DIRECTORS, AND SUCCESSORS 'Rates') that are shown In the attached Exhibit E. The Rates HARMLESS FROM ANY LOSS,COST,EXPENSES,DAMAGE, may be amended from lime to time by the parties or in OR LIABILITY RESULTING FROM ANY THIRD PARTY accordance with Section 12(b). ACTION BROUGHT OR THREATENED AGAINST CUSTOMER f. Additional Service$. Evercom shell have the right to BASED ON ANY(I)NEGLIGENT FAILURE BY EVERCOM TO offer additional services and equipment feahres to County. The PERFORM A MATERIAL OBLIGATION UNDER THIS terms and conditions (including,without limitation, the cost)for AGREEMENT OR (II) ALLEGATION THAT THE SERVICES such additional services and equipment features shall be INFRINGE A PATENT, COPYRIGHT, TRADEMARK, OR ANY memorialized by a written addendum signed by both parties. OTHER PROPRIETARY RIGHTS OF A THIRD PARTY, PROVIDED THAT CUSTOMER PROVIDES EVERCOM WITH 4. Payment of Commissions, Evercom shall remit the PROMPT WRITTEN NOTICE OF THE SAME. IN THE EVENT Commissions to Customer on or before the 30th day after the ANY SUCH INFRINGEMENT CLAIM IS MADE OR end of the reporting month in which the revenues were THREATENED AGAINST CUSTOMER, OR INJUNCTIVE recognized by Evercom(the "Payment Date'). NI Commission RELIEF IS GRANTED TO A CLAIMANT,EVERCOM SHALL(a) payments shall be final and binding upon Customer unless OBTAIN THE RIGHT FOR CUSTOMER TO CONTINUE USE Evercom receives written objection within 60 days after the OF THE SERVICES; OR(b) SUBSTITUTE OTHER SERVICES Payment Date.Customer shall notify Evercom in writing at least OF LIKE CAPABILITY; OR (c) REPLACE OR MODIFY THE SERVICES TO RENDER THEM NON-INFRINGING WHILE Faculty Inmate Services Agreement-Page 1 of 8 a Cvarrnm fvefame Mr -Prnnrintanr 1 Cnnfidantial-Cnrm i t AS rnrnecl-RL190fRL4i1nnig_Ring 1 5 RETAINING LIKE CAPABILITY. IF EVERCOM IS UNABLE TO EVERCOM IS NOT RESPONSIBLE FOR ANY PERFORM ANY OF THE ACTIONS IN CLAUSE (a), (b), or(c) MANUFACTURER'S WARRANTIES. ABOVE, THEN CUSTOMER MAY TERMINATE THIS AGREEMENT UPON 30 DAYS PRIOR WRITTEN NOTICE TO 11. Notices. Any notice or demand made by either party under EVERCOM WITHOUT INCURRING ANY TERMINATION the terms of this Agreement or under any statute shall be in PENALTIES. INDEMNIFICATION BY EVERCOM PURSUANT writing and shall be given or made by mail, postage prepaid, I O THIS SECTiON SHALL BE CUSTOMER'S SOLE addressed to the respective part)'a setin introductory s forth the trodu_ory AGAINST EVERCOM FOR ANY DAMAGES ARISING OUT OF paragraph of this Agreement,or to such other address as a party OR RELATED TO THIRD PARTY CLAIMS. THE INDEMNITIES may designate by written notice in compliance with this Section. HEREIN SHALL SURVIVE THE EXPIRATION OR OTHER 12. Miscellaneous. TERMINATION OF THIS AGREEMENT. a. This Agreement shall be governed by and construed in 8. Default and Termination. If either party defaults in the accordance with the laws of the State of Texas. performance of any obligation under this Agreement, then the b. Notwithstanding anything to the contrary in this non-defaulting party shall give the defa::eing party written notice Agreement, the parties by written amendment may change the of its default setting forth with specificity the nature of the default. Rates or other terms set forth herein, provided that Evercom If the defaulting party fails to cure its default within 30 days after may change the Rates as necessary to comply with law without receipt of the notice of default,then the non-defaulting party shall Customer's consent. have the right to immediately terminate this Agreement and c. No waiver by either party of any event of default under pursue all other remedies available to the non-defaulting party, this Agreement shall operate as a waiver of any subsequent either at law or in equity. default under the terms of this Agreement. d. If any provision of this Agreement is held to be invalid 9. Force Majeure. Eimer party may be excused from or unenforceable, the validity or enforceability of the other performance under this Agreement to the extent that provisions shall remain unafectedr performance is prevented by any act of God, war, civil e. This Agreement shall be binding upon and inure to the disturbance, supply or market, failure of a third party's benefit of Evercom and Customer and their respective performance, failure, fluctuation or non-availability of electrical successors and assigns. power, heat light, air conditioning or telecommunications f. Customer acknowledges that the Equipment shall at equipment, other equipment failure or similar event beyond its all times remains the sole and exclusive property of Evercom reasonable control; provided, however that the affected party and that any software provided by Evercom in conjunction with shall use reasonable efforts to remove such causes of non- the Equipment and the Services is subject to the terms and Equipment performance. If any law or regulation prevents Evercom from conditions of the Master Proprietary Software Agreement providing services hereunder or if such law or regulation makes attached as Exhibit C. continuation of this Agreement impractical for economic reasons g. If Evercom, in its sole discretion, determines that the or otherwise,then Evercom,at its sole discretion, may terminate revenue generated by the Facility is insufficient to justify this Agreement without liability to Customer or any third party. continued service or that the Equipment requirements of the 10. Limitation of Liability and Disclaimer of Warranties. Facility were not contemplated under this Agreement, Evercom shall have the right to terminate or renegotiate this Agreement NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EVERCOM SHALL HAVE NO LIABILITY upon"s0 days'prior written notice to Customer. h. All information, software, equipment and related FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR services provided by Evercom hereunder ("Confidential INCOME, LOST OR CORRUPTED DATA, OR LOSS OF USE Information") shall at all times remain proprietary and OR OTHER BENEFITS ARISING OUT OF OR IN ANY WAY confidential to Evercom. Customer shall not disclose such RELATED TO ANY PRODUCT OR SERVICE PROVIDED Confidential Information to any third party without Evercom's PURSUANT TO THIS AGREEMENT. ANY LIABILITY OF prior written consent. EVERCOM UNDER THIS GREFMENT SHALL BF , .ITED i. This Agreement constitutes the entire agreement of TO THE AMOUNT PAID^TO CUSTOMER DURING THE tine patties and supersedes any prim or cuntempuraneuus mai of TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE written agreements. This Agreement cannot be modified orally and can only be modified by a written instrument signed by all CLAIM ARISES. EXCEPT AS SET FORTH ON EXHIBIT B, EVERCOM'S OBLIGATIONS UNDER THIS AGREEMENT ARE Parties. Each signatory to this Agreement warrants and IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED. represents that he or she has the unrestricted right and requisite authority to enter into and execute this Agreement,to bind his or EVERCOM MAKES NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF her respective party, and to authorize the installation and M` CHANTABILI AND WARRANTY OF FITNESS FOR i\ operation of the Equipment, This Agreement may be executed PARTICULAR PURPOSE, OR WARRANTY OF NON- in counterparts, each of which shall be fully effective as an original, and all of which together shall constitute one and the INFRINGEMENT WITH REGARD TO ANY PRODUCT OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. same instrument. EXECUTED as of the Commencement Date. Evercom Sy ttrir 1 ,Inc. Weld Coun orth Jai Complex f� �\60 By: \y, `'UUt.d'— Name: J .J VI UGsf Name: Robert 1) Maadan Ti,.., :' Title: Chair, Board of Cnfinry rnmmi csionerS Date: nmu ea or o se,o vercom ystems.o. Date: • p �� • 11,7"•%tb. TEST: L /4 1 ittir " . n .C- C LINT CU=RIO THE BOARD I r i r C _ ,, to lHE Bn�,:D Facility Inmate Ser'o. — t .,. I Page 2 of e i 2 ruarrnm Suctame inc _Ornnriafory A rnnfdantiol_Pnrm'1 1 net/nrncc\_Rid.onpdnanlnn3A_;Inc i 5 F ,tq- 3593 ® ,S E V E R C O M Exhibit A: Services and Equipment Centennial Work Release Facility 1. Applications. The parties agree that the Services checked below shall be provided at the costs below In accordance with and subject to the terms and conditions of the Master Proprietary Software Agreement attached to the Agreement as Exhibit C.UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING IN THIS AGREEMENT,NO SERVICES OTHER THAN THE SERVICES LISTED BELOW WILL BE PROVIDED;NO ORAL AGREEMENTS OR STATEMENTS ARE BINDING: Call Manager No Charge Com Plus No Charge Connections Plus No Charge Covert Investigator No Charge Easy Connect No Charge REV-UP Prepaid Calling Cards No Charge Secure Booking No Charge 2. Equipment. In connection with providing the Services,Evercom shall be obligated to provide only the following hardware and software. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING IN THIS AGREEMENT, NO EQUIPMENT OTHER THAN THE EQUIPMENT LISTED BELOW WILL BE PROVIDED;NO ORAL AGREEMENTS OR STATEMENTS ARE BINDING: NETWORK PRODUCTS Telephone and Other Equipment 4-PHONE 4-PAYPHONE,ASTRL 2 COIN PHN 3. Installation Specifications. Voice Prompt: You are receiving a collect call from Centennial Work Release Facility Languages: English,Spanish Traffic: Dedicated 0 of Collect Phones: 4 /of Coin Phones: 4 #of Inmate Phones: 3 Cord Length: 32in. Demark Point: DEMARK POINT Equipment Location: PHONE ROOM Connection to LAN/WAN Remote Access Capabilities 4. Instalation Dates. Subject to Section 7 of the Agreement,the following is the schedule of installation and turn-up of the Equipment: Installation Date: 12J31/2004(Required) 5. Special Reauirements. Pm-Bid Conference: 8/31/2004 Insurance: $500,000.00 Commission Reports on-sit,tech for 20 hours per week Facility Inmate Services Agreement-Page 3 of 8 a Fatorrnm Catatonia Inn .Mandatary It f:nnpdantial-Farm 11 na/nrneel.RIA 9rf t 1pll urns-runs 1 c • Weld County North Jail Complex 1. Applications. The parties agree that the Services checked below shall be provided at the costs below in accordance with and subject to the terms and conditions of the Master Proprietary Software Agreement attached to the Agreement as Exhibit C.UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING IN THIS AGREEMENT,NO SERVICES OTHER THAN THE SERVICES LISTED BELOW WILL BE PROVIDED;NO ORAL AGREEMENTS OR STATEMENTS ARE BINDING; Call Manager No Charge Com Plus No Charge Connections Plus No Charge Covert Investigator No Charge Easy Connect No Charge REV-UP Prepaid Calling Cards No Charge Secure Booking No Charge 2. Equipment. In connection with providing the Services,Evercom shall be obligated to provide only the following hardware and software. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING IN THIS AGREEMENT, NO EQUIPMENT OTHER THAN THE EQUIPMENT LISTED BELOW WILL BE PROVIDED;NO ORAL AGREEMENTS OR STATEMENTS ARE BINDING: NETWORK PRODUCTS Printer Red Robin 411/1 Telephone and Other Equipment 41-PHONE 4-PAYPHONE,ASTRL 2 COIN PHN 3. instalatlon Spedflcatlons. Voice Prompt: You are receiving a tolled call from Weld County North Jail Complex Languages: English,Spanish Traffic: Dedicated i of Collect Phones: 41 R of Coin Phones: 4 •of Inmate Phones: 38 Cord Length: 32in. Danark Point: DEMARK POINT Equipment Location: PHONE ROOM Connection to LAN/WAN Remote Access Capabilities 4. InstaHation Dates. Subject to Section 7 of the Agreement,the following is the schedule of Installation and turn-up of the Equipment: Installation Date: 12/31/2004(Required) 5. Special Requirements. Pre-BW Conference: 8/31/20O4 Insurance: $500,000.00 Commission Reports Facility Inmate Services Agreement-Page 4 of 8 Q Fverram Rvatam. in, -Pmnriatanr A Confidential-Fonn I 1 nl Inman\-nid.9rinane-InMA-Pins 1F Mtg.; E V E R C O M Exhibit B: Service Level Commitments 1. Outage Report:Technical Support. If either of the following occurs:(a)Customer experiences an Equipment outage or malfunction or (b)the Equipment requires maintenance(each a "System Event"),then Customer shall promptly report the System Event to Evercom's Technical Support Department ("Technical Support"). Customer may contact Technical Support 24 hours a day, seven days a week (except in the event of planned or emergency outages)by telephone at 866-558.2323,by email at TechnicalSupportcEvercom.net, or by facsimile at 800-368-3168.Evercom shall provide Customer commercially reasonable notice,when practical,prior to any Technical Support outage. For Customer's calls to Technical Support,the average monthly call answer time will be 120 seconds or less,provided however, that Everson,shall endeavor(but shall not be obligated)to achieve an average monthly call answer time of 30 seconds. 2. Priority Classifications. Upon receipt of Customer's report of a System Event,Technical Support shall classify the System Event as one of the following four priority levels: a. Priority 1"means that 60%or more of the functionality of the Equipment is adversely affected by the System Event. b. Priority 2'means that 30%-59%of the functionality of the Equipment is adversely affected by the System Event. c. "Priority 3"means that 5%-29%of the functionality of the Equipment is adversely affected by the System Event. d. "Priority 4°means that less than 5%of the functionality of the Equipment is adversely affected by the System Event. 3. Response Times. Alter receipt notice of the System Event, Evercom shall respond to the System Event within the following time periods with a 95%or greater rate of accuracy: a. Priority 1: 4 hours: b. Priority 2: 12 hours; c. Priority 3: 24 hours;and d. Priority 4: 36 hours. 4. Response Process. In all instances,Technical Support shall either initiate remote diagnosis and correction of the System Event or dispatch a field technician to the Facility (in which case the applicable regional dispatcher shall contact Customer with the technician's estimated time of arrival),as necessary. 5. Performance of Service. All repair and maintenance of the Equipment performed by Evercom shall be done in a good and workmanlike manner at no cost to Customer except as may be otherwise set forth in the Agreement. My requested modification or upgrade to the Equipment that Is agreed upon by Customer and Evercom may be subject to a charge es set forth in the Agreement and shall be implemented within the time period agreed by the parties. 6. Escalation Contacts. Customer's account will be monitored by the applicable Territory Manager and Regional Service Manager. In addition, Customer may use the following escalation list it Evercom's response time exceeds 36 hours: first to the Technical Support Manager or Regional Service Manager,as applicable,then to the Director of Field Services,then to the Executive Director,Service. 7. Notice of Resolution. After receiving internal notification that a Priority 1 System Event has been resolved,a member of Evercom's management team will contact Customer to confirm resolution. For a Priority 2 or 3 System Event, a member of Evercom's customer satisfaction team will confirm resolution. 8. Monitorinq. Evercom shall monitor its back office and validation systems 24 hours a day,seven days a week. 9. End-User Billing Services and Customer Care. Evercom's Correctional Billing Services division shall maintain dedicated customer service representatives to handle end-user issues such as call blocking or unblocking and setting up end-user payment accounts. The customer service representatives shall be available during reasonable business hours Monday through Saturday by telephone at 800-844- 6591, by email at SupportarCorrectionalBillingServices.com, and by facsimile at 800-578-2627. In addition, Evercom shall maintain an automated Inquiry system on its toll-free customer service phone line that shall be available to end-users 24 hours a day,7 days a week to provide basic information and handle most routine activities. Evercom shall also accept payments from end-users by credit card,check,and cash deposit(such as by money order or Western Union transfer). 10. Reasonable Accommodation. If Evercom fails to meet the service commitments in this Exhibit A and such failure materially adversely impacts Customer,then Evercom shall promptly make a reasonable accommodation. To be eligible for the accommodation,Customer must submit written notice to Evercom within 10 days after Evercom's failure to meet a service requirement. Notwithstanding anything set forth in the Agreement to the contrary,this Section 11 sets forth Customer's sole remedy and Evercom's sole liability for Evercom's failure to meet a service commitment. Weld County North Jail Complex Initials: Faclity Inmate Services Agreement-Page 5 of 8 as Fvernnm Rvsfema In.' .Prnnriatnry R Cnnfidenaal-Form 11 ne rmneal-RidoNInAnRi1 WP1A-RIrlS' c i a ) E V E R C O M Exhibit C: Master Proprietary Software Agreement This Master Proprietary Software License Agreement(this'License Agreement')is attached to,and made a part of,that certain Facility Inmate Services Agreement. This License Agreement shall apply to any and all Software provided by Evercom to Customer (including,without limitation,Software provided pursuant to the Agreement). The terms and conditions of the Agreement are incorporated in this License Agreement by reference except to the extent expressly contradicted by this License Agreement. Any capitalized term used herein,but not defined,shall have the meaning set forth In the Agreement. 1. fap(. Subject to the terms and conditions of this License related to the license granted in this License Agreement or to Agreement,Evercom hereby grants to Customer,and Customer Customer's use of the Software, regardless of when such tax hereby accepts, a personal, non-exclusive, non-transferable liability is asserted. license (without the right to sublicense) to access and use certain proprietary computer software products and materials 6. Updates. All Updates to the Software provided by Evercom specified In Exhibit A to the Agreement(the "Software") and to will be subject to the terms and conditions of this License use any related user manuals, documentation, and any other Agreement and will be billed on a time and materials basis at supporting materials provided by Evercom, as such may be Evercom's then-current biting rates (unless otherwise agreed modified from time to time in Evercom's sole discretion (the upon by the parties in writing), Evercom shall support all 'Documentation'). Customer may reproduce the previous versions of the Software for six months (the 'Support Documentation, provided that Customer shall ensure that all Period') after Evercom has made an upgraded version of the relevant trademark and copyright information is maintained with Software commercially available. If Customer fails to upgrade its the copied Documentation. Software during the Support Period, Evercom shat have no obligation to support the previous versions of Software after the 2. Term. The term of this License Agreement shall begin on Support Period and shall not be liable for any errors,omissions the License Date and shall be coterminous with the Agreement. or other damages that occur as a result of Customer's use of 3. Restrictions on Use. Customer shall use the Software such previous versions. solely for Customer's Internal business purposes in connection 7. intellectual Property. with the Facility. Customer shall not (I) permit any parent, a. Customer acknowledges and agrees that Evercom(or subsidiary,affiliated entity,or third party to use the Software,(ii) its licensors, if any) have and will retain all right,title, interest, assign, sublicense. lease, encumber, or otherwise transfer or and ownership in end to(i)the Software and any copies,custom attempt to transfer the Software or any portion thereof, (III) versions, modifications, or updates of the Software, (ii) all process or permit to be processed any data of any other party Documentation, and (iii) any trade secrets, know-how, with the Software, (iv) alter, maintain, enhance, disassemble, methodologies, and processes related to Evercom's products or decompile,reverse engineer or otherwise modify the Software or services (the 'Licensor Materials'). Customer acknowledges allow any third party to do so,or(v)ship,transfer,or export the that the Licensor Materials constitute pro prietary pri, information and Software into any county, or use the Software in any manner trade secrets of Evercom and Its licensors, whether or not any prohibited by the export laws of the United States. portion thereof is or may be the subject of a valid copyright or patent. Customer shall have no right, title or Interest in such 4. Third Party Information. Customer acknowledges that through use of the Software Customer will be able to access proprietary rights b. om confidential information of third parties that is protected by Its Evercom may(I)place per proprietary ns re es thereto)of E o the certain federal and state ic rs Materials,ateer (Includinga hypertext or update p related noticon the privacy laws ('Third Party Licensor and(ii) change such notices from information"). Customer agrees that due to the vulnerability of time to time. In no event may Customer remove or alter any computer systems and software to unauthorized access via the Evercom proprietary notice from the Licensor Materials. Internet,Customer and its authorized employees will only access the Software with computer systems that have effective fkewall 8. Termination. Upon termination of this License Agreement, and anti-virus protection. During the term of this License Customer shall:(i)discontinue all use of the Software;(ii)deliver Agreement, Customer shall: (I) adopt and enforce such internal to Evercom all physical copies of the Software,if any,(iii)destroy policies, procedures end monitoring mechanisms as are the Software and all copies of the Software contained in any necessary to ensure that the Software Is used only In computer memory or data storage apparatus under the control of accordance with the terms of this License Agreement,(i)take all Customer, and(Iv)certify to Evercom within one week after the steps reasonably necessary to ensure that no person or entity termination of this License Agreement that Customer has will have unauthorized access to the Software, and (iii) treat complied with the provisions of this Section. Third Party Information In accordance with all applicable federal 9. Warranty and Disclaimer of Warranties. and state laws. To the extent allowed by applicable law, Customer shell Indemnify, defend, and hold harmless Evercom a. Evercom warrants that the Software will perform and its affiliates against all costs (including, without limitation, substantially as specified In the applicable user product manual, attorneys'fees)arising out of or related to Customer's breach of if any(as it may be updated from time to time in connection with the terms of this Section, including, without limitation, updates provided by Evercom),provided,however,that Evercom Customer's failure to maintain the confidentiality of all Third shall not be liable under this warranty if the Software has been Party Information in accordance with applicable federal and state modified or altered by anyone other than Evercom, if the laws. Notwithstanding any cure period for default in the Software has been abused or misapplied, or if Customer has Agreement, if Customer breaches its obligations in the sections failed to incorporate al updates provided to Customer by entitled 'Restrictions on Use' and 'Third Party Information,' Evercom. In the event of a breach of this warranty, Customer then Evercom shall have the right to terminate this License may return the defective Software to Evercom,and Evercom, at Agreement immediately. Evercom's option,will either:(i)refund any fee paid to Evercom by Customer for the specific piece of defective Software or (ii) 5. Fees. All fees related to Software receipts, updates, and correct or replace the Software without charge. Such refund, modifications thereto shall be set forth in Exhibit A to the correction, or replacement is Customer's sole and exclusive Agreement. Customer shall pay ail such fees in accordance with remedy for breach of this warranty. Evercom does not represent the terms set forth in the Agreement in addition,Customer shall or warrant that the Software will meet Customer's requirements pay all sales, use, and other taxes (excluding taxes on or that its operation will be uninterrupted or error-free. Evercom's income)imposed by any jurisdiction arising out of or Feciity Inmate Services Agreement-Page 6 of 8 a Fverrnm Ruaro,ne Inv -Drnndaran,ft Rnnedsntlal-Farm 11 N Inrnetl.Rid-9nnlfAalnnzA-QUIP 5 b. EXCEPT AS EXPRESSLY SET FORTH IN THIS those set forth herein. The Recipient wSl be responsible for any SECTION, EVERCOM DOES NOT MAKE ANY WARRANTIES, breach of any provision of this Agreement by the Recipient's EXPRESS OR IMPLIED,CONCERNING THE SOFTWARE OR affiliates, partners, directors, officers, employees, agents, and THE APPLICATION, OPERATION, OR USE THEREOF, THE advisors and those of the Recipients affiliates. Confidential DATA GENERATED BY THE OPERATION OR USE THEREOF, Information will be maintained in confidence indefinitely. Each OR ANY SUPPORT OR MAINTENANCE SERVICES party shall immediately notify the other in writing of any known or RENDERED WITH RESPECT THERETO. EVERCOM HEREBY perceived misappropriation of the Confidential Information, EXCLUDES ALL IMPLIED WARRANTIES TO THE EXTENT whether such misappropriation Is a result of a negligent or an PERMITTED BY LAW, INCLUDING, SPECIFICALLY, (I) ANY intentional act of the Recipient or a third party. For purposes of IMPLIED WARRANTY ARISING BY STATUTE OR this License Agreement, "Confidential Information" means(i)all OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR ideas, concepts, techniques or know-how tending to give the USAGE OF TRADE, (II) THE WARRANTIES OF Disclosing Party a commercial advantage (including, without MERCHANTABILITY AND FITNESS FOR A PARTICULAR limitation, any patentable inventions and original works of PURPOSE,AND(III)NONINFRINGEMENT. authorship, such as computer software, customer lists, 10. Limitation of Remedies. Customer assumes the entire specifications, business plans, trade secrets, and the like) and (IIrisk related to the use of the Software. In no event shall pr) any d other Iefor Recipient econ lab by "e Disclosing and Evercom's liability in connection with the Software or this Notwithstanding dito the ig, Evercom the have tth Party. to License Agreement exceed the fee paid to Evercom by Implement, u e the foregoing,ne, any lt o the st or Customer for the Software. In addition to the limitations of enhancements he , use, and Software a and all improvements thcrs of Evercom's liability set forth in the Agreement, neither Evercom this its developed in the course of nor its licensors shall have any obligation to Customer, or performance of License Agreement. otherwise be liable to Customer,for any third party claim based 12. Iniunctive Relief. Customer recognizes that Evercom will on: (i) Customer's operation of Software, (ii) Customer's be Irreparably harmed in the event of Customer's breach or combination of any of the Software with other products not threatened breach of the sections entitled 'Restrictions on Use,' furnished by Evercom,or(iii)Customer's use of a superseded or "Third Party Information,• 'Intellectual Property,' and altered version of the Software. THE REMEDIES DESCRIBED "Confidentiality," and that, notwithstanding anything contained IN SECTION 7 OF THE AGREEMENT STATE THE EXCLUSIVE herein to the contrary, Evercom shall be entitled,as a matter of LIABILITY OF EVERCOM AND THE EXCLUSIVE REMEDY OF right,to Injunctive relief, both temporary and permanent,without CUSTOMER WITH RESPECT TO ANY CLAIM, INCLUDING, the necessity of providing actual damages or posting bond or WITHOUT LIMITATION, CLAIMS OF PATENT, COPYRIGHT, other security. If Evercom is required to post bond or other OR TRADE SECRET INFRINGEMENT. CUSTOMER SHALL security,the parties hereby stipulate that$1,000 is sufficient for MAKE NO CLAIM AGAINST ANY OF EVERCOM'S such bond or other security. The right to injunctive relief shall be LICENSORS ON ACCOUNT THEREOF. cumulative with any other remedies available to Evercom and 11. Confidentiality.This Section supplements the confidentiality includes, without limitation, the right to pursue a temporary obligations in the Agreement. The parties acknowledge that reimbursestraining order, whether es pose or not.expenses Customel shall each party hereto, its employees, agents, affiliates, or withreimburse Evercom o ,attorneys'for e teas, )incuts, end (In to iing subcontractors(collectively,the "Recipient')may be exposed to such ct ulirth action, fees)equitable relief. elied by Evercom in taking certain Confidential Information of the other party (the such court action to obtain 'Disclosing Party). Any Confidential Information of the 13. Independent Contractors. Nothing in this License Disclosing Party disclosed pursuant to this License Agreement Agreement shall be deemed or construed by the parties or any may be used only for the purpose related to this License other entity to create an agency, partnership, or joint venture Agreement. The Recipient (i) will hold the Disclosing Party's between Customer and Evercom. Confidential Information in strict confidence; (ii)will not disclose the Confidential Information to any third party without the written 14. Miscellaneous. This License Agreement,together with all consent or the Disclosing Party and will take all reasonable steps schedules and exhibits attached hereto, constitutes the entire to prevent such disclosure (which steps will include, without agreement between the parties hereto with respect to the subject limitation, at least the same degree of care, but not less thane matter hereof and supersedes all prior agreements and reasonable degree of care, and security precautions that the understandings,oral or written,between the parties with respect Recipient uses to protect its own confidential information); and to the subject matter hereof. No amendment of this License (iii)will only use or disclose such Confidential Information within Agreement shall be effective without the written consent of both the Recipient's own organization on a need-to-know basis. Parties. Customer represents and warrants that Customer has Moreover, the Recipient agrees to transmit Confidential the power and authority to enter into and perform its obligations Information only to the Recipient's partners, directors, officers, under this License Agreement.The parties'obligations under the employees, agents, advisors, and affiliates or those of the sections entitled 'Restrictions on Use,' "Third Party Recipients affNiates only on a need-to-know basis and who are Information," 'Intellectual Property,' •Termination," "Limitation informed by the Recipient of the confidential nature of the of Remedies,' 'Confidentiality,' •Injunctive Relief," and this Section 14, shall survive the termination of this License Confidential Information and who agree to be bound by a confidentiality agreement with terms at least as restrictive as Agreement. Weld County North Jail Complex Initials: Facility Inmate Services Agreement-Page 7 of 8 ®Cverrnm Cu temu In,- -Prnnrie/an,A r:nn(xlenlial-Corm'1 1 f t inrnael-Rh i.rinenRil nMA-Ri1g 1 5 5 ) E V E R C O M Exhibit D: Commissions Centennial Work Release Facility 'Collect Call Commission Percentage': 52% 'Prepaid Card Discount': 30% 'Debit Account Commission Percentage': 52% Well County North Jail Complex 'Collect Call Commission Percentage": 52% 'Prepaid Card Discount': 30% 'Debit Account Commission Percentage': 52% Facility Inmate Services Agreement-Page 8 of 8 e Fusrrnm R'nt.me Inr _Prnnri.tary R rtnnfdsntlal-Fnrm i 1 Ili terrace)-nid?flntflnilnnix-nlns i S Evercom Systems, Inc. * Weld Co. RI p STATE: CO (Rates shown are based on current Weld Co.rates) LOCAL STATION TO STATION SURCHARGE $ 2.46 DAY EVENING NIGHT/WEEKEND RATE EACH EACH EACH MILEAGE CALL CALL CALL 0-99999 0.0000 0.0000 0.0000 INTRALATA STATION TO STATION SURCHARGE $ 2.11 DAY EVENING NIGHT/WEEKEND EACH EACH EACH RATE INITIAL ADD'L INITIAL ADD'L INITIAL ADD'L MILEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD 0-99999 0.2000 I 0.2000 0.1100 I 0.1100 0.1100 I 0.1100 INTERLATA STATION TO STATION SURCHARGE $ 1.85 DAY EVENING NIGHT/WEEKEND EACH EACH EACH RATE INITIAL ADD'L INITIAL ADD'L INITIAL ADD'L MILEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD 0-99999 0.2000 I 0.2000 0.1100 I 0.1100 0.1100 I 0.1100 INTERSTATE STATION TO STATION SURCHARGE $ 3.95 DAY EVENING NIGHT/WEEKEND EACH EACH EACH RATE INITIAL ADD'L INITIAL ADD'L INITIAL ADD'L MILEAGE PERIOD PERIOD PERIOD PERIOD PERIOD PERIOD 0-99999 0.8900 I 0.8900 0.8900 I 0.8900 0.8900 I 0.8900 '•PNs applicable taxes and other government fees 12/20/2004 IIRI;)G PROPOSAL SPECIFICATIONS/INMATE COLLECT CALLING PHONE SERVICES OO GENERAL SPECIFICATIONS 1. The period for which inmate collect calling phone services shall be provided in accordance with these specifications is twelve (12) months commencing on January 1,2005 and concluding on December 31, 2005, but automatically renewable by both parties subject to necessary cost adjustments mutually agreed upon for a period not to exceed three(3)years. There shall be no charges whatsoever to the County for inmate phone services. The successful bidder assumes responsibility for monthly lines fees, billing and collections, and fraudulent billing and uncollectible charges. There shall be no rate changes without approval of the County. Bidders shall explain in detail the method used to calculate revenue to the County. Describe what effect toll free calls will have on revenue and commission figures and how toll free calls are figured in establishing gross revenue and commission revenue to the County. Telephone rates and charges shall comply with Federal Communications Commission and Colorado Public Service rate and tariff rules, regulations and schedules. 2. The successful bidder (Hereinafter called `contractor) shall execute an appropriate contract with Weld County for a term of three years (36 months) which shall be subject to and incorporated by reference all bid documents including the invitation, conditions and instructions, and specifications within 10 days after the date of award of the bid. 3. The contractor shall furnish a performance bond in a sum not less than 100% of the Contract. 4 . Responsibility of Contractor: (a) The Contractor shall assume full responsibility for and shall indemnify the County for any damage to or loss of County property, including buildings, fixtures, furnishings, equipment, supplies, accessories, or parts resulting in whole or part from negligent acts or omissions of the Contractor, and any subcontractor, or any employee, agent, or representative of the Contractor or the subcontractor. (b) The Contractor shall defend, hold harmless, and indemnify the County against any and all liability, claims, costs of whatsoever kind and nature for injury to or death of any person or persons and for loss of damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this Contract, resulting in whole or in part from the negligent acts of omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor. 5. Insurance - The Contractor shall provide the County not later than the date of commencement of service under the contract with certificates of insurance for the foregoing coverage which designate Weld County as an additional insured with respect to the Contractor's participation in the contact and which include a provision that the coverage shall not be canceled, terminated, or otherwise modified without a 60-day prior written notice provided to Weld County. The Contractor shall maintain continuously during the life of the contract the following minimum limits of insurance: (a) Workman's Compensation coverage as required by law. (b) Comprehensive general bodily injury insurance coverage in amount not less than $500,000 per occurrence. (c) Comprehensive property damage liability insurance in an amount not less than $300,000 per occurrence. (d) Comprehensive automobile bodily injury and property damage liability insurance with combined single liability nor not less than $250,000. 6. Contractor's Failure to Perform - The Contractor shall commence performing the work in accordance with the specifications on January 1, 2005. Failure to perform the work provided herein may result in written notice to the Contractor terminating its right to proceed as to the whole or any part of the contact. In the event such termination, the County may have the services performed by other means and the Contractor shall be liable to the County for any excess costs for such services. 7. Contracting officer's - The Sheriff of Weld County or his designee shall be the contracting officer(s) who shall act as the agent of Weld County for the purpose of serving as the County' s contract person(s) for the Contractor, overseeing performance and completion of the contract pursuant to its terms and receiving, reviewing and processing billings from the Contractor, conducting periodic inspections of the collect calling service. 6. Compliance with Laws and Regulations - The Contractor shall fully comply with all federal, state, and local rules and regulations which may be applicable to the work performed by the Contractor. 9. Taxes, Licenses, and Permits - The Contractor shall pay all applicable taxes including sales and excise taxes and shall obtain and keep current all necessary licenses and permits. 10.This contact may be terminated by either party provided a sixty (60) day written notice is given to the other party. Written notice to the County must be sent to the Weld County Board of County Commissioners, with copies to the Sheriff and Director of Finance. 11.The bidder shall provide a clear, complete, concise, and accurate technical description of the proposed system. The package shall include, but not limited to, descriptions of all services required by the specifications. Describe all telephone hardware and software provided. 12 .The Contractor shall be prepared to make both verbal and written presentations to County representatives. 13.The Contractor will provide with his bid, outlines of the structure of his organization and of the personnel to the employed to provide said contacted services along with individual job descriptions and levels of responsibility to the Contracting officer. (Span of control, chain-of- command, management philosophy, harmony of operation with contacting entity. ) 14. The Contractor will include with the proposal, one copy of the latest published annual report for the company or submit satisfactory written evidence of the financial stability of the organization. SERVICE SPECIFICATIONS 1. GENERAL INFORMATION (a) These specifications cover inmate collect calling phone services for the term of the contract. All services to be performed under the contract shall be performed within facilities supervised by the Weld County Sheriff's Office. (b) Services performed under this contact shall be subject to inspection and approval of the Contacting Officer(s) or their designate. (c) Electrical power will be furnished by the County at existing power outlets for the Contractor's use to operate such equipment as is necessary in the conduct of its work. (d) Storage space will be provided for use by the Contractor for storing supplies and equipment. The County will not be responsible for any loss of or damage to, the Contractor's supplies, materials, equipment, or the personal belongings of its employees caused by fire, theft, accident, or otherwise. 2 . GENERAL CONTRACTOR REQUIREMENTS The Contractor will : (1) Provide the name, address, and date-of-birth for each employee to be assigned to work at the Sheriff's Office for the purpose of a Sheriff's Office security check prior to the employee reporting to work at the Sheriffs Office. (2) Immediately notify the Sheriff when a Contractor employee working at the Sheriff's Office is charged with a criminal offense or engaged in conduct that could threaten the safety and security of the jail. (3) Prohibit its employees from personal use of telephone or office equipment provided for official county business. (4) Insure its employees receive instructions in jail security procedures, rules, and regulations and require compliance. (5) Require its employees to obtain a photo-identification card from the Sheriff's Office and prominently wear the photo-identification card whenever an employee is within the Sheriffs Office. The Contractor will require issued photo-identification cards to be returned to the Sheriff's Office when the employee is no longer at the Sheriff's Office. (6) Provide supervision of inmate collect calling phone services by a staff member who is experienced with the operation of the required equipment, to deliver the services specified in the contract and bid specifications. (7) Provide a staff member to respond to inmate problems with the calling system. This person will need to pick up inmate request forms in a timely fashion (at least three (3) times per week) and respond back to the inmate in a timely fashion. These Inmate Request Forms will need to be picked up at the Centennial Work Release and the North Jail complex. (8) Respond, in writing, to inmate grievances regarding collect calling services related complaints within 72 hours of receipt, excluding weekends and holidays, distribute photocopies of responses according to jail procedure. The Contractor will provide a monthly report to the Contracting Officer documenting the number of grievances, nature of complaints, and corrective actions, if any. (9) Install and maintain all system related equipment. Replacement of faulty system components must be handled on-site by the Contractor. (10)Response time for system failures will be no more that two (2) hours, and failures of single phones will be no more than 24 hours. (11)Contractor will resolve problems with equipment, line service, or fraud. (Describe any Help Desk Support, remote diagnostics, or other services that are provided.) (12)Payments of revenues will be on a monthly basis within thirty days or the previous month-end. (13)Contractor will provide training necessary for Sheriff's Office and or Phone Services staff to use proposed software and hardware. (Describe amount of training provided, frequency, content, and location. ) 3 . GENERAL SYSTEM REQUIREMENTS (1) Eliminates the necessity for correctional officer intervention when placing calls. (2) Provides the capability for controlling conversation durations with the flexibility for changing durations on-site. (3) Allows for programmable call restrictions for Selected Number Call Blocking to be done by Sheriff's Office staff on site. (4) Eliminates switch hook dialing. (5) Prevents calls to alternate long distance networks, credit card calls, and third party calls. (6) Deny in-coming calls. (7) Emergency disconnect via a manual switch located in the housing units. (8) Allows "caller free" calls to specific telephone numbers for legal consultation. (Includes calls to attorneys and bonds persons outside the local calling area.) (9) System management functions are secured by at least password level security. (l0)Call detail collecting and recording capabilities. (11)Local review of call records in a real-time, flexible manner. (12)Voice announcing for total talk time allowed. (13)Multi-lingual prompts. (Minimums are English and Spanish. ) Include any others that are available and how they are accessed. (14)System configuration allows simultaneous out-going calls on all associated phones. (15)Phone sets shall have connector type installation for ease of repairing. (16)Telephone sets that are provided must have 36" to 42" steel cable type line cords and must be able to withstand mistreatment. Handsets must be hearing aid compatible, and volume adjustable. One set in each housing unit must meet ADA requirements for TDD services. (17)System must be auditable to verify accuracy of commissions. (18)System must be connected to an uninterruptible power supply. UPS shall be included with system. (19)The system shall provide a method for county employees to enter restricted (blocked) numbers, prefixes, and area codes. The system must be capable of blocking international, 800, 888, 877, 900 and 1+AC+976 calls. (20)System must have remote access via dial-up modem for monitoring, programming, and remote diagnostics. (21)System adheres to N.E.C. , O.S.H.A. , and local Building Code regulations. (22) System must have capability to Record inmate conversations. (23)System must have 3-way call disconnect and call forward disconnect. (24)The space requirements are expected to be no greater than a 23" by 84" rack. (25)All software operating systems and data shall be periodically saved to a backup medium. The backup shall be performed in an automated and unattended manner. The system shall have a minimum of one-year archived-recorded phones calls. Current State Average Inmate Population: 440 at North Jail, 216 at Work Release Average length of stay: 18 days Present Equipment Provider: T-Netix Present Local Carrier: Qwest Present Long Distance Carrier: AT&T Present number of phone sets: 38 (All at North Jail Complex except 3 at Work Release at 915 10th Street) Call History for 2003 : # of local calls 119,008, # of minutes 1,081,256 Call History for 2003: # long distance calls 5743, # of minutes 51,614 4. SYSTEM CAPABILITIES: (1) Automatically disconnects all phone sets or selected sets, by housing units, at a preset time which is maintainable on-site with existing staff (2) Automatically reconnects phone sets at a preset time which is maintainable on-site with existing staff (3) Ability to identify individual making call. 5. Define annual revenue projections for your proposed system and the assumption you made in making them. Include any associated costs to Weld County that would be necessary to generate the projected revenues. Describe rate compliance with Colorado Tariff and FCC Regulatory requirements. Collect call rates need to reflect that of community of similar service. 6. Provide the following information concerning your organization: (a) Location of corporate headquarters and a list of corporate officers. (b) Location(s) of additional offices within Colorado. (c) Length of time your organization has been in the inmate calling services business. (d) Description of service area in which Greeley is located, the number of service personnel assigned to this area, and the location of their office. (e) Number of inmate calling service systems that are installed. (f) Proposed Contract. (g) Provide five references, two (2) of which must be within Colorado, for the system you have proposed. Current Stets Average Inmate Population: 440 at North Jail, 216 at Work Release Average length of stay: 18 days Present Equipment Provider: T-Netix Present Local Carrier: Qwest Present Long Distance Carrier: AT&T Present number of phone sets: 38 (All at North Jail Complex except 3 at Work Release at 915 10th Street) Call History for 2003 : # of local calls 119, 008, # of minutes 1, 081,256 Call History for 2003 : # long distance calls 5743, # of minutes 51, 614 4 . SYSTEM CAPABILITIES: (1) Automatically disconnects all phone sets or selected sets, by housing units, at a preset time which is maintainable on-site with existing staff (2) Automatically reconnects phone sets at a preset time which is maintainable on-site with existing staff (3) Ability to identify individual making call. 5. Define annual revenue projections for your proposed system and the assumption you made in making them. Include any associated costs to Weld County that would be necessary to generate the projected revenues. Describe rate compliance with Colorado Tariff and FCC Regulatory requirements . Collect call rates need to reflect that of community of similar service. 6 . Provide the following information concerning your organization: (a) Location of corporate headquarters and a list of corporate officers. (b) Location(s) of additional offices within Colorado. (c) Length of time your organization has been in the inmate calling services business. (d) Description of service area in which Greeley is located, the number of service personnel assigned to this area, and the location of their office. (e) Number of inmate calling service systems that are installed. (f) Proposed Contract. (g) Provide five references, two (2) of which must be within Colorado, for the system you have proposed. Hello