Prison Phone Justice

INMATE TELEPHONE SERVICES AGREEMENT
This Inmate Telephone Services Agreement (•Agreemenr) is made by and between Inmate Calling
Solutions, LLC, d/b/a ICSolutlons ("JQS"), having its principal place of business at 2200 Danbury Street, San
Antonio, TX 78217, and Davis County, a political subdivision of the state of Utah (the "Countv") having its
principal address as set forth on Exhibit A, attached hereto. JCS and the County may be collectively referred
to as the •parties• herein or may be individually referred to as a "Party" herein.
1.

Term of Contract This Agreement shall commence upon the date Inmates within the County's
control begin placing telephone calls from the Equipment, which has been estimated to be July 1•
2016 (the "Cutover Date") based on this Agreement being fully executed not less than 45 days prior
to such date and shall remain In force and effect for five years from the Cutover Date.
Notwithstanding the foregoing or anything to the contrary In this Agreement, this Agreement may be
terminated by any of the following actions:
a. The mutual written agreement of the Parties;
b. By either Party:
1) After any material breach of this Agreement; and
2) Ten calendar days after the non-breaching Party sends a notice to the breaching Party to
cure such material breach(es), and the breaching Party falls to timely cure such material
breach; provided, however, the cure period shall be extended as may be required beyond
the ten calendar days, If the nature of the cure Is such that It reasonably requires more than
ten calendar days to cure the breach, and the breaching Party commences the cure within
the ten calendar day cure period and thereafter continuously and dlllgently pursues the cure
to completion.
c. By either Party, with or without cause, ninety calendar days after the terminating Party sends to
the other Party a written notice of termination of this Agreement;
d. By the County, If ICS:
1) Engages In or permits any unlawful or disruptive conduct or any activity not permitted by
appllcable law, rule, regulation, ordinance, this Agreement, and/or of the policies,
procedures, or practices of the County; and
2) Falls to Immediately cease such conduct or activity after receiving notification by the County,
law enforcement, or otherwise.
e. By the County, If the County, for any reason, Is unsatisfied with ICS' Insurance or the
records/documentation that !CS, its agent(s), or lnsurer(s) provlde(s) to the County regarding
ICS' Insurance, ten calendar days after the County has sent, by mall, ICS a written notice of
termination of this Agreement;
f. As otherwise set forth In this Agreement or as permitted by law, rule, regulation or otherwise.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THIS
AGREEMENT IS SUBJECT TO ANNUAL APPROPRIATIONS BY THE COUNTY AND THE
COUNTY SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT, AT ANY TIME UPON
WRITTEN NOTICE TO SERVICE PROVIDER, IF ANNUAL APPROPRIATIONS, AS PART OF THE
COUNTY'S ANNUAL PUBLIC BUDGETING PROCESS, ARE NOT MADE BY THE COUNTY TO
ADEQUATELY OR SUFFICIENTLY PAY FOR THE OBLIGATIONS UNDER THIS AGREEMENT TO
SERVICE PROVIDER WITHOUT FURTHER OBLIGATION OR LIABILITY TO THE COUNTY
UNDER THIS AGREEMENT.
Upon termination of this Agreement, the County shall Immediately cease the use of any Equipment
provided hereunder.

2.

Equipment. This Agreement applies to the provision of Inmate telephone services by ICS using
Equipment either centrally located or within space provided by the County at each of the •service
Locatfons" listed on Exhibit A, attached hereto. The term "Egulomenr Is defined herein as telephone

(Davis County, UT)

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Page 1of13

sets, computer systems and software, all as more fully described on Exhibit B, attached hereto. All
Equipment shall be Installed by properly trained personnel and In a good, workmanlike manner. Any
Equipment of ICS Installed upon the premises owned, leased or otherwise under the supervision of
the County, shall remain in all respects the property of ICS. ICS reserves the right to remove or
relocate any Equipment that Is subjected to recurring vandalism or Insufficient usage. ICS shall not
exercise such right of removal or relocation unreasonably and, in any case only after consulting with
the County and subsequent to at least thirty (30) days prior notice to the County. Upon removal of
Equipment by ICS, ICS shall restore the premise to Its original condition, ordinary wear and tear
excepted.

3.

Alteration and Attachmenta. The County shall not make alterations or place any attachments to
Equipment and Equipment shall not be moved, removed, rendered Inoperable or unusable, or made
Inaccessible to Inmates or users by the County without the express written permission of JCS.

4.

Training. ICS shall provide on-site training plus Internet-based training at no cost to the County.
Additional training may be provided upon the County's request based on availability of JCS and at no
cost to the County.

5.

Call Rates. ICS shall provide collect calling services to End-Users, on both a pre-paid and postbllled basis, at the rates and charges set forth on Exhibit C, attached hereto. ICS reserves the right
to establish thresholds for the level of collect call credit to be allowed by the billed consumer. Rates
and charges may be subject to change based on an order or rule of a regulatory authority having
applicable jurisdiction.

6.

Commissions to the County. ICS will Install, operate and maintain Equipment at no charge to the
County. ICS will pay the County the commission amounts set forth on Exhibit D, attached hereto
(collectively the •eomm1ss1ons•), In consideration of the County granting ICS exclusive rights for the
Installation and operation of Equipment servicing the Service Locations. No Commissions shall be
paid to the County on amounts relating to taxes, regulatory surcharges, such as universal service
fund, or other fees and charges not applicable to the billed calls.
ICS will pay Commissions to the County on a monthly basis on or before the first business day
occurring 45 days following the end of the month in which such Commissions are earned or accrued.
Such Commissions shall be sent to the address designated by the County or wired to an account
designated In writing by the County for such purpose.
The Parties agree that all financial consideration for services hereunder Is predicated on the rates
and charges applicable at the time of execution and Is, therefore, subject to adjustment based on
any changes that may be required by any law, rule, tariff, order or policy (any of which, a "Regulatory
Change; of, or governed by, a regulatory body having jurisdiction over the public communications
contemplated herein. In the event that a Regulatory Change affects such rates and charges, the
Parties agree to enter Into good faith negotiations to amend this Agreement In a manner that
provides sufficient consideration to ICS for ongoing services, as well as complies with the Regulatory
Change. If the Parties cannot reach an agreement as to the amendment necessary within 30 days of
public notice of the Regulatory Change, then either Party may terminate this Agreement with an
additional 60 days' prior written notice.

7.

The County's Duties, ResponslbUltles, and/or Obligations. The County shall:

a. Advise ICS of any Service Locations or related premise that has been closed.
b. Throughout the term of this Agreement, Including any renewal terms, use ICS as Its exclusive
provider for all matters relating to Inmate telecommunication services.
c. Reasonably protect the Equipment against willful abuse and promptly report any damage,
service failure or hazardous conditions to ICS.
(Davis County, UT)

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d. Provide necessary power and power source, at no cost to JCS, and an operating environment
with reasonable cooling consistent with general office use.
e. Provide suitable space and accesslblllty for Inmates' use of telephone services.
f. Permit ICS to dlsplay reasonable signs furnished by JCS and not affix or allow to be affixed any
other signs, equipment or information to the Equipment.
g. Permit reasonable access by ICS to the County's Service Locations as reasonably necessary for
JCS to Install, support and maintain the Equipment.
h. Comply with all federal, state and local statutes, rules, regulations, ordinances or codes
governing or applicable to the telephone services offered by ICS.

a.

ICS' Duties, Responalbllltles, and/or Obligations. ICS shall at all times faithfully, Industrially, and
to the best of ICS' ability, experience, and talents, perform all of the duties, that may be required of
and from JCS pursuant to the express and Implicit terms of this Agreement, to the reasonable
satisfaction of the County.

9.

Choice of Law; Jurisdiction; Venue. This Agreement and all matters, disputes, and/or claims
arising out of, In connection with, or relating to this Agreement or Its subject matter, formation or
valldlty (Including non-contractual matters, disputes, and/or claims) shall be governed by, construed,
and Interpreted In accordance with the laws of the state of Utah, without reference to conflict of law
principals. The Parties Irrevocably agree that the courts located In Davis County, Utah (or Salt Lake
City, Utah, for claims that may only be lltlgated or resolved In the federal courts) shall have exclusive
jurisdiction and be the exclusive venue with respect to any suit, action, proceeding, matter, dispute,
and/or claim arising out of, in connection with, or relating to this Agreement, or Its formation or
validity. The Parties irrevocably submit to the exclusive jurisdiction and exclusive venue of the
courts located In the state of Utah as set forth directly above. Any Party who unsuccessfully
challenges the enforceability of this clause shall reimburse the prevailing Party for Its attorneys' fees,
and the Party prevailing In any such dispute shall be awarded Its attorneys' fees.

10.

Notices. Any notice or demand required hereunder shall be given or made by mall, postage prepaid,
addressed to the respective Party at the address first set forth above unless otherwise
corrvnunlcated In writing.

11.

Entire Agreement. This Agreement constlMes the entire Agreement between the Parties and may
not be modified or amended other than by a written Instrument executed by both Parties. Any orders
placed by the County hereunder shall be Incorporated herein by mutual consent of the Parties and
shall supplement but not supersede the provisions of this Agreement. The County represents and
warrants that it has the legal authority to make decisions concerning the provisions of space for
telephones placed by ICS at the Service Locations covered by this Agreement and that ICS may rely
thereon. This Agreement supersedes any prior written or oral understanding between the Parties.

12.

Risk of Losa. ICS shall relieve the County of all risk of loss or damage to Equipment during the
periods of transportation and Installation of the Equipment. However, the County shall be
responsible for any loss or damage to Equipment located on the premise caused by fault or
negligence of the County, Its employees or others under the County's supervision.

13.

Governmental Immunity. The Parties recognize and acknowledge that the County Is covered by
the Governmental Immunity Act of Utah, codified at Section 636-7-101 , et seq., Utah Code
Annotated, as amended, and nothing herein Is Intended to waive or modify any and ail rights,
defenses or provisions provided therein. The County's officers and employees performing services
pursuant to this Agreement shaD be deemed officers and employees of the County, even If
performing functions outside of the territorial llmlts of the County, and shall be deemed officers and
employees of the County under the provisions of the Utah Governmental Immunity Act.

(Davis County, UT)

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14.

Assignment. This Agreement may be transferred or assigned, In whole or In part, by ICS to any
parent, successor, subsidiary, or affiliate of ICS. ICS may sub-contract any portion of Its duties
hereunder provided, however, It shall remain at all times responsible for such sub-contracted duties.
This Agreement may otherwise only be transferred or assigned by a Party with the written consent of
the other Party, which consent shall not be unreasonably wlthheld or delayed.

15.

Waivers or Modification. No waiver or failure to enforce one or more parts or provisions of this
Agreement shall be construed as a continuing waiver of any part or provision of this Agreement,
which shall preclude the Parties from receMng the full-bargained-for benefit under the terms and
provisions of this Agreement. A waiver or modification of any of the provisions of this Agreement or
of any breach thereof shall not constitute a waiver or modification of any other provision or breach,
whether or not similar, and any such waiver or modification shall not constitute a continuing waiver.
The rights of and available to each of the Parties under this Agreement cannot be waived or
released verbally, and may be waived or released only by an Instrument In writing, signed by the
Party whose rights wlll be diminished or adversely affected by the waiver.

16.

Rights and Remedies Cumulative. The rights and remedies of the Parties under this Agreement
shall be construed cumulatively; and none of the rights and/or remedies under this Agreement shall
be exclusive of, or In lieu or limitation of, any other right, remedy or priority allowed by law, unless
speclflcally set forth herein.

17.

Time Is of the Essence. Time Is of the essence In respect to all parts or provisions of this
Agreement, which specify a time performance or otherwise, and the Parties agree to comply with all
such times.

18.

Relationship. The Parties hereto are Independent contractors and this Agreement shall not be
construed as a contract of agency or employment. Each Party shall be solely responsible for
compliance with all laws, rules and regulations and· payment of all wages, unemployment, social
security and any taxes applicable to such Party's employees. Each Party represents and warrants
that: (a) It Is duly organized, validly existing and In good standing under the laws of the jurisdiction of
Its formation; (b) the execution, delivery and performance of this Agreement has been duly
authorized by all necessary corporate actions; and (c} Its performance hereunder shall be In
compliance with applicable state and federal legal and regulatory requirements.

19.

lndemnHicatlon. Each Party shall Indemnify, defend and hold harmless the other Party from and
against any and all claims, losses, Injuries, or demands asserted by third parties (collectively
"~")arising from the material breach, neglgent acts or misconduct of such Indemnifying Party,
Its agents or employees, In the performance of any of its obligations hereunder. Except for the
foregoing express Indemnification, each Party shall bear Its own liability and costs of defense for any
third party claims. No term or condition of this Agreement, including, but not limited to, Insurance
required under this Agreement, shall llmlt or waive any liability that a Party may have arising from, In
connection with, or relating to the Claims.

20.

Survival of Tenns, Provisions, Promises, or Otherwise. Termination of this Agreement shall not
extinguish or prejudice either Party's right to enforce this Agreement, or any term, provision, or
promise under this Agreement, regarding Insurance, Indemnification, defense, save or hold
harmless, or damages, or with respect to any uncured breach or default of or under this Agreement.

21.

Force Majeure. Either Party may suspend all or part of its obligations hereunder and such Party
shall not otherwise be held responsible for any damages, delays or performance failures caused by
acts of God, events of nature, cMI disobedience, military action or slmllar events beyond the
reasonable control of such Party.

22.

Severablllty. If any of the provisions of this Agreement shall be deemed Invalid or unenforceable
under the laws of the appllcable jurisdiction, such Invalidity or unenforceablllty shaft not Invalidate or

(DavlS County, UT)

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render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as If
not containing the particular lnvaUd or unenforceable provision or provisions. and the rights and
obligations of JCS and the County shall be construed and enforced accordingly.
23.

Special ADA. ICS will install Equipment In accordance with the Americans with Dlsabllltles Act and
any related federal, state and local regulations In effect at the time of lnstallatlon. ICS shall make any
alterations to the Equipment as necessary for Its correct operation and/or compliance with applicable
laws at no cost to the County.

24.

Limitation of LlabUlty. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES REGARDLESS OF THE FORM OF ANY CLAIM, WHETHER
IN CONTRACT OR IN TORT OR WHETHER FROM BREACH OF THIS AGREEMENT,
IRRESPECTIVE OF WHETHER SUCH PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF
THE POSSIBILITY OF SUCH DAMAGES.

25.

Warranty. Subject to the County's compliance with Its obligations hereunder, Equipment shall be
free from defects In workmanship and material, shall conform to ICS' published specifications In
effect on the date of delivery or as otherwise proposed to the County In writing, and shall not Infringe
any patent or trademark. This warranty shall continue while Equipment Is In operation at each of the
Service Locations. The County shall provide ICS with prompt written notification as to the specifics of
any nonconformity or defect and ICS shall have a commercially reasonable tlmef rame to Investigate
such nonconformity or defect As the County's sole and exclusive remedy, ICS shall, at ICS' sole
option and expense, either: (a) correct any nonconformities or defects which substantially Impair the
functionality of the Equipment In accordance with the aforesaid specifications; (b) use reasonable
efforts to provide a work-around for any reproducible nonconformities or defects which substantially
Impair the functionality of the Equipment In accordance with the aforesald specifications; (c) replace
such nonconforming or defective Equipment; or (d) promptly refund any amounts paid to ICS by the
County with respect to such nonconforming or defective Equipment upon ICS' receipt of such
nonconforming or defective Equipment ICS does not warrant that the operation of the Equipment
shall be uninterrupted or error-free. No warranty Is made With respect to the use of Equipment on or
In connection with equipment or software not provided by ICS. Equipment may contain recycled,
refurbished or remanufactured parts which are equivalent to new parts. JCS makes no warranties or
representations that It will solve any problems or produce any speclffc results.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THERE ARE NO OTHER EXPRESS OR IMPLIED
WARRANTIES AND JCS HEREBY DISCLAIMS ANY OTHER WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR ANY PARTICULAR PURPOSE. THE FOREGOING SHALL BE THE SOLE ANO EXCLUSIVE
REMEDY WITH RESPECT TO NONCONFORMING OR DEFECTIVE EQUIPMENT AND
SERVICES. NOTHING CONTAINED HEREIN SHALL OBLIGATE ICS TO ENHANCE OR MODIFY
THE SERVICES OR EQUIPMENT BEYOND THE SUBSTANTIAL FUNCTIONALITY INTIALLY
ACCEPTED BY FACILITY, WHICH ACCEPTANCE SHALL BE DEEMED TO HAVE OCURRED
UPON THE GENERATION OF CALL REVENUE.

26.

No Hire/No Solicit. During the term of this Agreement, and for a period of six (6) months thereafter,
neither Party shall solicit or hire the other Party's employees, agents or representatives engaged by
such Party to perform work relating to this Agreement, without the express written consent of the
other Party.

27.

Confidentiality. During the term of this Agreement, each Party may disclose to the other certain
proprietary information Including, without limitation, trade secrets, know how, software, source code,
techniques, future product plans, marketing plans, inventions, discoveries, Improvements, financial
data, and/or business strategies (collectively, "Confidential Information") of a character Identified by
the disclosing Party as confidential and that should reasonably have been understood by recipient,

(Davis County, UT)

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because of legends or markings, the circumstances of disclosure or the nature of the information
Itself, to be proprietary and confidential to the disclosing Party. Each Party and each of its
employees or consultants to whom disclosure Is made shall hold all Confidential Information In
confidence, and shall not disclose such Information to any third party or apply It to uses other than in
connection with the performance of this Agreement Each Party shall use the same degree of care
that It utilizes to protect Its own Information of a slmllar nature, but In any event not less than
reasonable duty of care, to prevent the unauthorized use or disclosure of any Confidential
Information. A recipient may not alter, decompile, disassemble, reverse engineer, or otherwise
modify any Confidential lnformaUon received hereunder and the mingling of the Confidential
Information with Information of the recipient shall not affect the confldentlal nature or ownership of
the same as provided hereunder. The obligations of this paragraph shall survive termination of this
Agreement for a period of three (3) years.
This Agreement shall Impose no obllgatlon of confidentiality upon a recipient with respect to any
portion of the Confidential Information received hereunder which Is: (a) now or hereafter, through no
unauthorized act or failure to act on recipient's part, becomes generally known or available; (b)
lawfully known to the recipient without an obligation of confidentiality at the time recipient receives
the same from the disclosing Party, as evidenced by written records; (c) hereafter lawfully furnished
to the recipient by a third party without restriction on disclosure; or (d) Independently developed by
the recipient without use of the disclosing Party's Confidential lnfonnatlon.
Nothing In this Agreement shall prevent the receMng Party from disclosing Confidential lnfonnation
to the extent the receMng Party Is legally compelled to do so by any governmental or judicial agency
having jurisdiction.
Notwithstanding anything herein to the contrary, the Parties understand, acknowledge, and agree
that the County is a political subdivision of the state of Utah and subject to federal, state, and local
records laws. Therefore, the Parties understand, acknowledge, and agree that the County will
disclose all records as required by appllcable law, Including, but not limited to, this Agreement
28.

License to Use Software. With respect to the Equipment provided under this Agreement, JCS
hereby grants to the County a nontransferable, nonexctuslve license to Install, store, load, execute,
operate, utilize and display (collectively, Muse•) the runtime versions of the Enforce~ software In
performance of this Agreement Including, where applicable to the purposes hereunder, such Use on
computers owned by the County. Such license is specific to the County and the Service Locatton(s)
for which the ICS Services are provided and may not be transferred other than through an
aUthorlzed assignment of this Agreement. Upon the termination hereof, this license and all rights of
the County to Use the Enforcer' software wlll expire and tennlnate. The County will not transform,
decompile, reverse engineer, disassemble or In any way modify any of the Enforce,- software or
otherwise determine or attempt to determine source code from executable code of any elements of
the Enforce,- software.

29.

Third Party Software. Third-party software licenses may be contained In certain software Included
with equipment and may therefore require a click-through acceptance by any users. Such software
licenses are incorporated herein by reference and can be made avallable upon request

30.

Taxes. Except as expressly provided for herein, each Party shall bear responsibility for Its own taxes
and such other costs and expenses arising in connection with the performance of their respective
obligations hereunder.

31.

Insurance. At all times during the Tenn of this Agreement, ICS shall maintain In effect the following
types and amounts of insurance:
a. A valid occurrence form commercial general liability Insurance policy, which either covers
contractual agreements for hold harmless, defense, and Indemnification costs, expenses, or

(Davis County. UT)

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otherwise such as the Indemnification, defense, and hold harmless provision set forth In this
Agreement or whereby "Davis County" Is endorsed by the Insurer as an •additional Insured" to
the Insurance policy, with minimum limits as follows: $1,000,000 per occurrence; $1,000,000
personal Injury; $2,000,000 general aggregate; $2,000,000 products/completed operations.
b. A valid Corrvnerclal Automobile Liability Insurance policy with minimum limits of $1,000,000
Combined Single Limit.
c. A valid Workers Compensation and Employers' Liability Insurance policy with minimum limits as
required by appllcable Utah law. If any proprietor, partner, executive, officer, member, or
otherwise Is excluded from the Workers Compensation and Employers' Liability Insurance policy,
Service Provider shall provide County with the applicable state Issued waiver relating to any and
all proprietors, partners, executives, officers, members, or otherwise of Service Provider Where
the Workers Compensation and Employers' Liability Insurance has been waived.
ICS shall provide certificates evidencing the above coverage amounts on an annual basis to the
County.

32.

Counterparts; Electronically Transmitted Signatures. This Agreement may be executed In
counterparts, each of Which shall be deemed an original, and all such counterparts shall constitute
one and the same Agreement Signatures transmitted by facsimile and/or e-mail shall have the
same force and effect as original signatures.

{Remainder of page Intentionally left blank. Slgnaturs pags and Exhibits follow.)

<Davis County.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly authorized
representatives on the dates set forth below, and represent and warrant that they have full authority to
execute this Agreement on behalf of their respective Parties:

Inmate Calling Solutions, LLC

~t/&f!L~

~SIQnatUf9)

~'~/JP/i/f/ ?f//L-3/AI

(Printed Name)

Ide~
(Title)

(Date)

Ptlg;p;.:p r

Davis County

(~
(Printed Name)

Q_ 0 (\'\.{¥\_ ~ s i0 (\_ Qha.'\ \

(Title)

~

1t-lo1/16
r I

ATTEL7
Curtis Koch, Davis County Clerk/Auditor

(Davis County, UT)

Page8of 13

I

Exhibit A - County Addresses
Principle Business Address (used for all notices hereunder):

Davis County
Attn: Sheriff's Office
P.O. Box 618
Fannington, UT 84025

Davis County
Attn: Civil Division
P.O. Box 618
Farmington, UT 84025

Facllltles & Service Locations:

Facility Name

Service Locations

Davis County Correctional Facility

800 West State Street
Farmington, UT 84025

Equipment to be shipped to:

Davis County Sheriff's Office J
800 West State Street
'
Farmington, UT 84025
Commissions to be paid to:

Davis County
Attn: Sheriff's Office
P.O. Box 618
Farmington, UT 84025

(Davis County. un

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Exhibit B - Equioment
Centralized Enforcer Call Processing

•
•
•
•
•
•

62 x Inmate Housing Telephones
4 x Attorney Visitation Phone Sets (Not Recorded)
o Remove 33 Visitation Phone Sets that are no longer required
3 x Public Payphones
1 x TDD\TTY Unit
1 x Workstation & Printer
Unlimited Enforcer User Licenses

•

Interface to JMS platfonn

•

Enforcer Technology Suite

o The Verifier - Biometric Inmate Identity Verification
o The Informer - PREA Module
o The Communicator - Inmate Request Portal
o The Attendant - Informational IVR
o Word Detective- Phonetic Word Search Technology
o Data Detective - Data Mining & Link Analysis
•

Interface to Banking & Commissary

o Automated Cardless Debit Calling
o Over·the·Phone Commissary Ordering
•

Inmate Voicemail

o Inbound messaging for friends and family
•

Site Admlnlstrator\Techniclan

o ICS employee shall dedicate to the County at least 20 hours per week
•

Inmate Tablet Program (60 Day Trial Period)

o 40 x Ruggedized Inmate Tablets from JES
o 1 x Mobile Charge Cart
o Mobile charge cart equipped for secure storage\chargilg of tablet devices plus carrying
cases for easy transport
o 2 x WIFi hotspots to provide wireless access coverage in the single housing areas.
o Edovo Educational Content
• Library of content focusing on educational, treatment and vocational courses.
o Rewards-Based Leaming Approach with Free access to entertainment
(Music\Movies\Games)
• Equipped with data tracking for course\module completion
o Access to fee-based content (music, movies, games etc.)
• Equipped with data tracking for investigative and security measures
o Local content hosting such as inmate handbook, religious services etc.
o Access to educational suite for released inmates to complete course work.
o At end of the 60 Day trial period, the Inmate Tablet Program will automatically terminate,
and ICS shall pick up the corresponding equipment, unless the County, through written
notification, elects to:
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(1) Continue with the 40 Tablet program and pay ICS $1,300.00 per Month for the

remaining 58 Months. This amount will be offset from commissions otherwise
due to County; or
(2) Expand the program to include additional tables and coverage areas. The total
cost to expand the program would be determined following a detailed site survey
and project scope discussions with County.

•

Inmate Email provided by Access Corrections
o 1 x Dell H826 - Multifunction Color Printer
• Printer will be connected to designated County workstation
o Printer delivered with ink cartridge and paper
o Replacement ink cartridge & paper provided upon request
o Full Administrative Suite
• Word Watch scanning enabled
• Activity Data Mining Enabled
• Extensive Reporting menu
o Email service priced at $0.60 per message sent
o Photo service priced at $0.60 per photo sent
o Revenue Share
• County will receive $0.20 per email message
• County will receive $0.05 per photo
• Earned Commissions will be distributed to County by Access Corrections
• Commission paid monthly, 45 days following the activity month.

(Davis County, UT)

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Exhibit C - Call Rates

The following rates apply to calls from the Davis County Correctional Facility

camn

Rates
Per call

can rvoe

I LocaL-

_

~

----

Intrastate/IntraLA~ ~

1

Intrastate/lnterLATA
Interstate
International Debit Onl

Per Mjnyte
.Qiargg

0.00
0.00
J.2.:..00
$0.00
0.00

NOTES: Domestic interstate rates apply for calls to U.S. territories including American Samoa, Guam,
Northern Mariana Jsland.'i, Puerto Rico and U.S. Virgin lsland.'i. All non-U.S. destinations are rared as
intemaJional.
Call rates shown do not include local, county, state and federal taxes. regulmoryfees and billing fees
Billing Fees:
Payment Processing Fee (Live Agent) ......................... $5.95
Payment Processing Fee (IVA or Internet) ................... $3.00
(All other fees free or waived)
Inmate Volcemail:
Fee per message.................................................... $1.00

(Davis Counly. UT)

Page 12ol13

Exhibit D - Commissions
ICS shall pay to the County a Commission of 70.1% of the gross revenue for all call types generated
from the County's Service Locations.
Additionally, a Minimum Annual Guarantee ("MAG") of $300,000 shall apply to Commissions payable to
the County, which shall be reconciled on an annual basis with any shortfall paid to the County within 30
days of the end of each Term year.
In addition to the foregoing, ICS shall pay to the County 50% of any services fees collected with respect
to inmate voicemail services.

li!2J§.:

Commissions shall be made payable and sent to the address so designated on Exhibit A to this Agreement.

l

(Davis County, UT)

Page 13 of 13

AMENDMENT No. 1 to the
INMATE TELEPHONE SERVICES AGREEMENT
This Amendment No. 1 to the Inmate Telephone Services Agreement dated 7/ 1/2016 (the "Agreement") is
made by and between Inmate Calling Solutions, LLC, d/b/a ICSolutions ("ICS") and Davis County, a
political subdivision of the state of Utah ("County") effective as of April 15, 2017 ("Amendment Date").
Whereas, the parties agree as follows:
1.

The 'Inmate Tablet' segment of the Equipment, as more fully described on Exhibit 8 of the
Agreement, is r:ereby amended to read as follows:
•

Inmate Tablet Program
o 200 x Ruggedized Inmate Tablets from JES
o 5 x Mobile Charge Carts (equipped for secure storage\charging of tablet devices plus
carrying cases for easy transport
o 22 x WiFi hotspots for wireless access coverage in the housing areas (A,B,C,D,E,G,H,l,J,K).
o Edovo Educational Content
•
Library of content focusing on educational, treatment and vocational courses.
o Rewards-Based Learning Approach with Free access to entertainment
(Music\Movies\ Games)
•
Equipped with data tracking for course\module completion
o Access to fee-based content (music, movies, games etc.)
"
Equipped with data tracking for investigative and security measures
o Local content hosting such as inmate handbook, religious services etc.
o Access to educational suite for released inmates to complete course work.
o Increase WAN bandwidth to accommodate additional tablets and deploy by 7/1/2017.

2.

The Commission rate, set forth on Exhibit D to the Agreement, is hereby amended to be 55.1%
effective with the revenue period of July, 2017. In addition, the MAG defined on Exhibit D shall be
reduced to $240,000 effective with the Term year commencing 7/1 /2017.

3.

Except as amended herein , the Agreement shall remain in full force and effect.

the parties hereto have executed this Amendment by their duly authorized
representatives effective as of the Amendment Date first set forth above:

IN WITNESS WHEREOF,

Davis County, Utah

Inmate Calling Solutions, LLC
d/b/a ICSolutions

~daJ~
Brendan Philbin, Vice President

(Date)//

Attest:

(DateM
Curtis Koch, Davis county Clerk/Auditor

(Date)

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