Prison Phone Justice

RESOLUTION

2012 857

BEFORE THE BOARD OF COMMISSIONERS OF BENTON COUNTY, WASHINGTON

IN THE MAITER OF THE PERSONAL SERVICE CONTRACT BETWEEN BENTON
COUNTY AND TELMATE LLC FOR INMATE PHONE SERVICES FOR THE BENTON
COUNTY SHERIFF'S OFFICE
WHEREAS, per resolution 2012 677, section 4.0 Services "the County need not advertise or
follow a formal competitive bidding procedure, for service contracts, but rather the county may
instead evaluate and utilize the procedures it deems best under the individual circumstances in
order to obtain services of the highest quality at the lowest cost."; and
WHEREAS, the Sheriffs Office has a contract with Telmate, LLC . for inmate telephone services
for the term of April 1, 2011 through December 31 , 2012 via Resolution 11-179; and
WHEREAS, the Sheriffs Office recommends entering into another personal service contract for
2013 and 2014; NOW, THEREFORE,
BE IT RESOLVED, the Board of Benton County Commissioners, Benton County, Washington
concurs with the Benton County Sheriffs Office recommendation and hereby awards the
personal service contract to Telmate LLC.; and
BE IT FURTHER RESOLVED , the Board authorizes the Chairman of the Board to sign the
attached personal service contract.
BE IT FURTHER RESOLVED, the term of the attached personal service contract commences
January 1, 2013 and expires on December 31,2014 .

() "1-1"
Dated this _.L.J_[1"'--_ _ day of

December 2012 .

"

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2~::;;;;t the Board

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Member

Member
Constituting the Board of Commissioners
of Benton County, Washington
Attest: -----"""""""'---____- - - i - - + . . r

Originals - Sheriffs Office, Telmate LLC., J. Thompson
Cc: Auditor, R Ozuna

Prepared by: R. Guerrero

BENTON COUNTY
PERSONAL SERVICES CONTRACT
TERMS AND CONDITIONS
THIS CONTRACT is made and entered into by and between BENTON
COUNTY, a political subdivision, with its principal offices at 620
Market Street, Prosser, WA 99350 (hereinafter "COUNTY"), and Telmate
LLC., with its principal offices at 234 Front Street, #2, San
Francisco, CA 94111, (hereinafter "CONTRACTOR").
In consideration of the mutual benefits and covenants contained
herein, the parties agree as follows:
1.

CONTRACT DOCUMENTS
This Contract consists of the following documents:
a.
b.
c.

2.

Terms and Conditions; and
Exhibit A, Schedule of Services; and
Exhibit B, Schedule of Charges and Payments.

DURATION OF CONTRACT
The term of this Contract shall begin January 1, 2013, and shall
expire on December 31, 2014.
The CONTRACTOR shall complete all
work by the time (s) specified herein, or if no such time is
otherwise specified, no later than the expiration date.

3.

SERVICES PROVIDED
The CONTRACTOR shall perform the following services:

4.

a.

A detailed description of the services to be performed by
the CONTRACTOR is set forth in Exhibit A, Schedule of
Services, which is attached hereto and incorporated herein
by reference.

b.

The CONTRACTOR agrees to provide its own labor and
materials.
Unless otherwise provided in this Contract, no
material, labor, or facilities will be furnished by the
COUNTY .

c.

The CONTRACTOR shall perform the work specified in this
Contract according to standard industry practice.

d.

The CONTRACTOR shall complete its work in a timely manner
and in accordance with the schedule agreed by the parties .

CONTRACT REPRESENTATIVES
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Each party to this Contract shall have a Contract representative.
Each party may change its representative upon providing written notice
to the other party. The parties' representatives are as follows:

5.

a.

For CONTRACTOR:

Kevin O'Neil, President
108 SE 6 th Street
Ontario, OR 97914
Phone: (253) 223-9871
Fax:
(208) 379-7498

b.

For COUNTY:

Jon Law, Commander
7122 W. Okanogan Pl. Bldg B
Kennewick, WA 99336
Phone: (509) 735-6555
Fax:
(509) 736-3895

COMPENSATION

For the services performed hereunder,
paid as follows:

the

CONTRACTOR

shall be

a. A detailed description of the commission to be paid by the
CONTRACTOR to COUNTY is set forth in Exhibit B, Schedule of
Charges
and
Payments,
which
is
attached
hereto
and
incorporated herein by reference.
COUNTY will receive 59%
commission on all revenues generated directly or indirectly
from the use of the inmate telephone system installed at the
Benton County jail as described in Exhibit B within 45 days of
the end of the month in which the call revenue was generated.
b. No payment shall be made for any work performed by the
CONTRACTOR, except for work identified and set forth in this
Contract.
c. The CONTRACTOR shall not be paid for services rendered under
this Contract unless and until they have been performed to the
satisfaction of the COUNTY.
d. In the event the CONTRACTOR has failed to perform any
substantial obligation to be performed by the CONTRACTOR under
this Contract and such failure has not been cured within ten
(10) days following notice from the COUNTY, the COUNTY may, in
its sole discretion, upon written notice to the CONTRACTOR,
withhold any and all monies due and payable to the CONTRACTOR,
without penalty, until such failure to perform is cured or
otherwise adjudicated.
"Substantial" for the purposes of this
Contract means
faithfully fulfilling
the
terms of this
Contract with variances only for technical or minor omissions
or defects.
e. Unless otherwise provided in this Contract or any exhibits or
attachments hereto, the CONTRACTOR wil l not be paid for any
2

billings or invoices presented for services rendered prior to
the execution of this Contract or after its termination.
6•

7.

AMENDMENTS AND CHANGES IN WORK

a.

In the event of any errors or omissions by the CONTRACTOR
in the performance of any work required under this
Contract, the CONTRACTOR shall make any and all necessary
corrections without additional compensation.
All work
submitted by the CONTRACTOR shall be certified by the
CONTRACTOR and checked for errors and omissions.
The
CONTRACTOR shall be responsible for the accuracy of the
work, even if the work is accepted by the COUNTY.

b.

No amendment or modification shall
Contract, unless set forth in a written
signed by both parties .
Work under a
shall not proceed until the Contract
executed by the COUNTY.

be made to this
Contract Amendment
Contract Amendment
Amendment is duly

HOLD HARMLESS AND INDEMNIFICATION

a.

The CONTRACTOR shall hold harmless, indemnify and defend
the COUNTY, its officers, officials, employees and agents,
from and against any and all claims, actions, suits,
liability, loss, expenses, damages, and judgments of any
nature
whatsoever,
including
reasonable
costs
and
attorneys' fees in defense thereof, for injury, sickness,
disability or death to persons or damage to property or
business, arising in connection with the work performed
under this Contract, or caused or occasioned in whole or in
part by reason of the presence of the CONTRACTOR or its
subcontractors or their property upon or in the proximity
of the property of the COUNTY.
PROVIDED,
that the
CONTRACTOR'S obligation hereunder shall not extend to
injury, sickness, death or damage caused by or arising out
of the sole negligence of the COUNTY,
its officers,
officials, employees or agents.

b.

In any and all claims against the COUNTY, its officers,
officials, employees and agents by any employee of the
CONTRACTOR, subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of
them may be liable, the indemnification obligation under
this Section shall not be limited in any way by any
limitation on the amount or type of damages, compensation,
or
benefits
payable
by
or
for
the
CONTRACTOR
or
subcontractor under Workers Compensation acts, disability
benefit acts, or other employee benefit acts, it being
clearly agreed and understood by the parties hereto that
the CONTRACTOR expressly waives any immunity the CONTRACTOR
might have had under such laws, including but not limited
3

to Title 51 of the Revised Code of Washington. By executing
this
Contract,
the
CONTRACTOR acknowledges
that
the
foregoing waiver has been mutually negotiated by the
parties and that the provisions of this Section shall be
incorporated, as relevant, into any Contract the CONTRACTOR
makes with any subcontractor or agent performing work
hereunder. CONTRACTOR'S obligations under this Section [7]
shall survive termination and expiration of this Contract.
c.

The CONTRACTOR S obligations hereunder shall include, but
are not limited to, investigating, adjusting and defending
all claims alleging loss from action, error or omission, or
breach of any common law, statutory or other delegated duty
by the CONTRACTOR, the CONTRACTOR S employees, agents or
subcontractors.
I

I

8.

INSURANCE
a.
Workers Compensation:
CONTRACTOR shall comply with all
State of Washington workers compensation statutes and
regulations.
Prior to the start of work under this
Contract, workers compensation coverage shall be provided
for all employees of CONTRACTOR and employees of any
subcontractor or sub-subcontractor.
Coverage shall include
bodily injury (including death) by accident or disease,
which arises out of or in connection with the performance
of this Contract.
CONTRACTOR shall submit a copy of its
certificate of coverage from the Department of Labor and
Industries prior to commencement of work.
Except as
prohibited by law,
CONTRACTOR wai ves
all
rights of
subrogation against the COUNTY for recovery of damages to
the extent they are covered by workers compensation,
employers liability, commercial liability or commercial
umbrella liability insurance. If CONTRACTOR, subcontractor,
or sub-subcontractor fails to comply with all State of
Washington workers compensation statutes and regulations
and COUNTY incurs fines or is required by law to provide
benefits
to or obtain coverage
for
such employees,
CONTRACTOR shall indemnify the COUNTY.
Indemnity shall
include all fines, payment of benef i ts to CONTRACTOR or
subcontractor
employees,
or
their
heirs
or
legal
representatives, and the cost of effecting coverage on
behalf of such employees .
Any amount owed to COUNTY by
CONTRACTOR pursuant to the indemnity agreement may be
deducted from any payments owed by COUNTY to CONTRACTOR for
performance of this Contract.
b.

Commercial
General
Liability
and
Employers
Liability
Insurance:
Prior to the start of work under this Contract,
CONTRACTOR shall maintain commercial general liability
coverage (policy form CGOOOI or equivalent) to protect the
CONTRACTOR from claims for wrongful death, bodily injury,
personal injury and property damage, which may arise from
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any actions or inactions under this Contract by CONTRACTOR
or by anyone directly employed by or Contracting with
CONTRACTOR.
The minimum commercial general liability
insurance limits shall be as follows:
$2,000,000
$1,000,000
$1,000,000
$1,000,000

General Aggregate
Products/Completed Operations Aggregate
Personal Injury and Advertising Injury
Each Occurrence

The commercial general liability policy will contain an
endorsement naming the COUNTY, its elected and appointed
officials, employees and agents as an Additional Insured
and
an
endorsement
that
specifically
states
that
CONTRACTOR's commercial general liability policy shall be
primary
and not contributory, wi th any other insurance
maintained by the COUNTY.
I

The CONTRACTOR will provide commercial general liability
coverage that does not exclude any activity to be performed
in fulfillment of this Contract and does not exclude
liability pursuant to the indemnification requirement under
Section [7].
CONTRACTOR'S commercial general liability
policy shall provide cross liability coverage, indicating
essentially that except with respect to the limits of
insurance and any rights or duties specifically assigned i n
this coverage part to the first named insured,
this
insurance applies as if each named insured were the only
named insured, and separately to each insured against whom
claims are made or suit is brought .
CONTRACTOR shall also provide Stop Gap Employer's Liability
Insurance coverage with minimum limits as follows:
$1,000,000 Each Accident
$1,000,000 Policy Limit for Disease
$1,000,000 Each Employee for Disease
c.

Liability:
The CONTRACTOR shall maintain,
during the life of this Contract, Commercial Automobile
Liability Insurance (CA0001), or equivalent coverage, in
the
amount
of
not
less
than
one
million
dollars
($1,000,000) per accident for Bodily Injury and Property
Damage to protect CONTRACTOR from claims which may arise
from the performance of this Contract,
whether such
operations be by the CONTRACTOR or by anyone directly or
indirectly employed by the CONTRACTOR.
Commercial Auto
Liability Insurance shall include coverage for owned, nonowned and hire autos.
Covered auto shall be designated as
"Symbol 1" any auto. CONTRACTOR waives all rights against
the COUNTY for the recovery of damages to the extent they
are covered by Commercial Auto Liability Insurance.

Automobile

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d.

Other Insurance Provisions:
1. The CONTRACTOR'S liabi lity insurance provisions shall be
primary with respect to any insurance or sel f - insurance
programs covering the COUNTY, its elected and appointed
officers, officials, employees and agents.
2. The CONTRACTOR'S
liability insurance policies shall
contain no special limitations on the scope of protection
afforded to the COUNTY as an additional insured.
3. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the
COUNTY, its officers, officials, employees or agents.
4. The CONTRACTOR'S insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's
liability.
5. The CONTRACTOR shall include all
subcontractors as
insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractors.
All coverage for subcontractors shall be subject to all
of the requirements stated herein.
6. The insurance limits mandated for any insurance coverage
required by this Contract are not intended to be an
indication of exposure nor are they limitations on
indemnification .
7. The CONTRACTOR shall maintain all required policies in
force from the time services commence until services are
completed .
Certificates, policies,
and endorsements
expiring before completion of services shall be promptly
replaced .
All liability i nsurance required under this
Contract shall be written on an Occurrence Policy form.

e.

Verification of Coverage and Acceptability of Insurers:

All insurance required under this Contract shall be issued by
companies authorized to do business under the laws of the State of
Washington and have an A. M. Best's rating of at least A-VII or
better in the most recently published edition of Best's Reports.
Any exception to this requirement must be reviewed and approved in
writing by the Benton COUNTY Risk Manager.
If an insurer is not
admitted to do business within Washington State, all insurance
policies and procedures for issuing the insurance policy must comply
with Chapter 48.15 RCW and 284-15 WAC.

6

1.

All insurance to be maintained by the CONTRACTOR, other
than Professional Liability, Auto Liability and Workmen's
Compensation, shall specifically include the COUNTY as an
\\Additional Insured" and shall not be reduced or canceled
without thirty (30) days written prior notice to the
COUNTY. Any insurance or self-insurance maintained by the
COUNTY, its elected and appointed officials, employees
and agents shall be excess of the CONTRACTOR's insurance
and shall not contribute to it.
2. Certificates

of Liability Insurance and all written
notices under this Section (8) and notice of cancellation
or change of required insurance coverages shall be mailed
to:
Benton COUNTY Sheriff's Office
Attn: Julie Thompson
7122 W. Okanogan Place, Bldg. B
Kennewick, WA 99336
(509)735-6555 ext 3273

3. The CONTRACTOR or its broker shall provide a copy of any
and all insurance policies specified in this Contract
upon request of the Benton COUNTY Risk Manager at the
following address:
Benton COUNTY Risk Manager, 7122 W.
Okanogan Place, Bldg. A, Kennewick, WA 99336.
9.

TERMINATION

a.

The COUNTY may terminate this Contract in whole or in part
whenever the COUNTY determines, in its sole discretion,
that such termination is in the best interests of the
COUNTY.
The COUNTY may terminate this Contract upon giving
ten (10) days written notice by certified mail to the
CONTRACTOR.
In that event, the COUNTY shall pay the
CONTRACTOR for all cost incurred by the CONTRACTOR in
performing the Contract up to the date of such notice.
Payment shall be made in accordance with the Compensation
Section of this Contract.

b.

In the event that funding for this project is withdrawn,
reduced or limited in any way after the effective date of
this Contract, the COUNTY may summarily terminate this
Contract notwithstanding any other termination provision in
this Contract.
Termination under this paragraph shall be
effective upon the date specified in the written notice of
termination sent by COUNTY to the CONTRACTOR.
After the
effective date, no charges incurred under this Contract
shall be allowed.

c.

If
the
CONTRACTOR
breaches
any
of
its
obligations
hereunder, and fails to cure the breach within ten (10)
days of written notice to do so by the COUNTY, the COUNTY
7

may immediately terminate this Contract by so notifying the
CONTRACTOR,
in which case the COUNTY shall pay the
CONTRACTOR only for the costs of services accepted by the
COUNTY, in accordance with the Compensation Section of this
Contract.
Upon such termination,
the COUNTY,
at its
discretion, may obtain performance of the work elsewhere,
and the CONTRACTOR shall bear all costs and expenses
incurred by the COUNTY in completing the work and all
damage
sustained
by
the
COUNTY
by
reason
of
the
CONTRACTOR'S breach.
10.

11.

ASSIGNMENT, DELEGATION AND SUBCONTRACTING

a.

The CONTRACTOR shall perform the terms of this Contract
using only its bona fide employees or agents, and the
obligations and duties of the CONTRACTOR under this
Contract shall not be assigned, delegated, or subcontracted
to any other person or firm without the prior express
written consent of the COUNTY.

b.

The CONTRACTOR warrants that it has not paid nor has it
agreed to pay any company, person, partnership, or firm,
other than a bona fide employee working exclusively for
CONTRACTOR, any fee, commission, percentage, brokerage fee,
gift, or other consideration contingent upon or resulting
from the award or making of this Contract.

NON-WAIVER OF RIGHTS

a.

12.

The parties agree that the excuse or forgiveness of
performance, or waiver of any provision(s) of this Contract
does not constitute a waiver of such provision(s) or future
performance, or prejudice the right of the waiving party to
enforce any of the provisions of this Contract at a later
time.
All waivers of any provision (s) of this Contract
shall be in writing and in the absence of such, no action
or inaction shall be construed to be such a waiver.

INDEPENDENT CONTRACTOR

a.

The CONTRACTOR'S services shall be furnished by the
CONTRACTOR as an independent CONTRACTOR and not as an
agent, employee or servant of the COUNTY.
The CONTRACTOR
specifically
has
the
right
to
direct
and
control
CONTRACTOR'S
own activities
in providing
the
agreed
services in accordance with the specifications set out in
this Contract.

b.

The CONTRACTOR acknowledges that the entire compensation
for this Contract is set forth in Section [5] of this
Contract, and neither the CONTRACTOR nor its employees are
entitled to any COUNTY benefits, including, but not limited
8

to: vacation pay, holiday pay, sick leave pay, medical,
dental, or other insurance benefits, fringe benefits, or
any
other
rights
or
privileges
afforded
to
COUNTY
employees.

13.

c.

The
CONTRACTOR
shall
have
and
maintain
complete
responsibility and control over all of its subcontractors,
employees, agents, and representatives.
No subcontractor,
employee, agent, or representative of the CONTRACTOR shall
be or deem to be or act or purport to act as an employee,
agent, or representative of the COUNTY .

d.

CONTRACTOR shall pay for all taxes, fees, licenses, or
payments required by federal, state or local law which are
now or may be enacted during the term of this Contract.

e.

The CONTRACTOR agrees to immediately remove any of its
employees or agents from their assignment to perform
services under this Contract upon receipt of a written
request to do so from the COUNTY'S Contract representative
or designee.

COMPLIANCE WITH LAWS
The CONTRACTOR shall comply with all applicable federal, state
and local laws,
rules and regulations in performing this
Contract.

14.

INSPECTION OF BOOKS AND RECORDS
The COUNTY may, at reasonable times, inspect the books and
records of the CONTRACTOR relating to the performance of this
Contract. The CONTRACTOR shall keep all records required by this
Contract for six (6) years after termination of this Contract for
audit purposes.

15.

NONDISCRIMINATION
The CONTRACTOR, its assignees, delegates, or subcontractors shall
not discriminate against any person in the performance of any of
its obligations hereunder on the basis of age, sex, marital
status,
sexual
orientation,
race,
creed,
religion,
color,
national origin , honorably discharged veteran or military status,
disability, or any other protected status.

16.

OWNERSHIP OF MATERIALS/WORKS PRODUCED
a.

All reports, drawings, plans, specifications, all forms of
electronic media, and data and documents produced in the
performance of the work under this Contract shall be "works
for hire" as defined by the U. S. Copyright Act of 1976 and
9

shall be owned by the COUNTY.
Ownership includes the right
to copyright, patent, register, and the ability to transfer
these rights.
The COUNTY agrees that if it uses any
materials prepared by the CONTRACTOR for purposes other
than those intended by this Contract, it does so at its
sole risk and it agrees to hold the CONTRACTOR harmless
there from to the extent such use is not agreed to in
writing by the CONTRACTOR.
b.

17.

An electronic copy of all word processing documents shall
be submitted to the
COUNTY upon request or at the end of
the job using the word processing program and version
specified by the COUNTY.

PATENT/COPYRIGHT INFRINGEMENT

The CONTRACTOR shall hold harmless, indemnify and defend the
COUNTY , its officers, officials, employees and agents, from and
against any claimed action, cause or demand brought against the
COUNTY, where such action is based on the claim that information
supplied by the CONTRACTOR or subcontractor infringes any patent
or copyright.
The CONTRACTOR shall be notified promptly in
writing by the COUNTY of any notice of such claim.
18.

DISPUTES

Disputes between the CONTRACTOR and the COUNTY, arising under and
by virtue of this Contract, shall be brought to the attention of
the COUNTY at the earliest possible time in order that such
matters may be settled or other appropriate action promptly
taken.
Any dispute relating to the quality or acceptability of
performance and/or compensation due the CONTRACTOR shall be
decided by the COUNTY'S Contract Representative or designee. All
rulings, orders, instructions and decisions of the COUNTY'S
Contract Representative shall be final and conClusive, subject to
CONTRACTOR'S right to seek judicial relief.
19.

CONFIDENTIALITY

The
CONTRACTOR,
its
employees,
subcontractors,
and
their
employees shall maintain the confidentiality of all information
provided by the COUNTY or acquired by the COUNTY in performance
of this Contract, except upon the prior written consent of the
COUNTY or an order entered by a court of competent jurisdiction.
The CONTRACTOR shall promptly give the COUNTY written notice of
any judicial proceeding seeking disclosure of such information.
20.

CHOICE OF LAW, JURISDICTION AND VENUE

a.

This Contract has been and shall be construed as having
been made and delivered within the State of Washington, and
it is agreed by each party hereto that this Contract shall
10

be governed by the laws of the State of Washington, both as
to its interpretation and performance.
b.

21.

Any action at law, suit in equity, or judicial proceeding
arising out of this Contract shall be instituted and
maintained only in any of
the
courts
of
competent
jurisdiction in Benton COUNTY, Washington.

SUCCESSORS AND ASSIGNS

The COUNTY, to the extent permitted by law, and the CONTRACTOR
each bind themselves, their partners, successors, executors,
administrators, and assigns to the other party to this Contract
and to the partners, successors, administrators, and assigns of
such other party in respect to all covenants to this Contract.
22.

23.

SEVERABILITY

a.

If a court of competent jurisdiction holds any part, term
or provision of this Contract to be illegal, or invalid in
whole or in part, the validity of the remaining provisions
shall not be affected,
and the parties'
rights and
obligations shall be construed and enforced as if this
Contract did not contain the particular provision held to
be invalid.

b.

If it should appear that any provision of this Contract is
in conflict with any statutory provision of the State of
Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it
may be in conflict therewith, and shall be deemed modified
to conform to such statutory provision.

ENTIRE AGREEMENT

The parties agree that this Contract is the complete expression
of its terms and conditions. Any oral or written representations
or
understandings
not
incorporated
in
this
Contract
are
specifically excluded.
24.

NOTICES

Any notices shall be effective if personally served upon the
other party or if mailed by registered or certified mail, return
receipt requested, to the addresses set out in the Contract
Representatives Section of this Contract .
Notice may also be
given by facsimile with the original to follow by regular mail.
Notice shall be deemed to be given three days following the date
of mailing or immediately, if personally served .
For service by
facsimile, service shall be effective at the beginning of the
next working day.
11

25.

SURVIVABILITY

All Contract terms , which by their context are clearly intended
to survive the termination and/or expiration of this Contract,
shall so survive .
These terms include, but are not limi ted to,
indemnification provisions (Sections [7] and [17]) i extended
reporting
period
requirements
for
professional
liability
insurance (Section [8(a)]) i inspection and keeping of records and
books (Section [14]); litigation hold notice (Section [26] ) i
Public Records Act (Section (27)) and confidentiality (Section
[1 9 ] ) .

2 6.

LITIGATI ON HOLD NOTICE
In the event the COUNTY learns of circumstances leading to an
increased likelihood of litigation regarding any matter where the
records kept by CONTRACTOR pursuant to Section [1 4] of this
agreement may be of evidentiary value, the COUNTY may issue
written notice to CONTRACTOR of such circumstances and direct the
CONTRACTOR to hold such records .
In the event that CONTRACTOR
receives such written notice , CONTRACTOR shall abide by all
directions therein whether or not such written notice is received
at a time when a Contract between CONTRACTOR and the COUNTY is in
force . Such directions will include , but will not be limited to,
instructions to suspend the six (6) year purge schedule as set
out above in Section [14] .

27 .

PUBLIC RECORDS ACT
CONTRACTOR hereby acknowledges that the COUNTY is a governmental
entity and as such is subject to the requirements of the Public
Re cords Act,
RCW 42.56 et seq.
Accordingly,
CONTRACTOR
understands that to the extent a proper request is made, the
COUNTY may be required by virtue of that Act to disclose any
records actually in its possession or deemed by judicial
determination to be in its possession, which may include records
provided to the COUNTY by CONTRACTOR that CONTRACTOR might regard
as confidential or proprietary.
To the extent that CONTRACTOR
provides
any
records
to the COUNTY that
it
regards as
confidential or proprietary, i t agrees to conspicuously mark the
records as such .
CONTRACTOR also hereby waives any and all
claims or causes of action for any injury it may suffer by virtue
of COUNTY'S release of records covered under the Publ i c Records
Act.
COUNTY agrees to take al1 reasonable steps to not i fy
CONTRACTOR in a timely fashion of any request made under the
Public Records Act which will require disclosure of any records
marked by CONTRACTOR as confident i al or proprietary, so that
CONTRACTOR may seek a judicial order of protection if necessary.

12

The parties have caused this Contract to be aigned by their duly
constituted legal representatives.
DATED:

December /8/ .;)01)_

BENTON COUNTY

~

James R. Beaver, Chairman
(Print Name)

Approved as to Form:

13

EXHIBIT A
SCHEDULE OF SERVICES

1. GENERAL

a. Provide installation, continuous operation and support of
the inmate phone system (system).
b. The system shall include equipment designed for the
correctional environment, and is subject to approval by the
COUNTY. Equipment must be non-coin operated, collect call
capable and constructed of durable and tamper-free
equipment that is suitable for a jail environment.
Equipment must contain no removable parts.
c. CONTRACTOR will install and maintain phones in a manner and
at a time that does not interfere with the safe operation
of the Benton County Jail.
d. The installation, troubleshooting, maintenance and regular
operation of the system, including but not limited to all
customer service and financial transactions, will be the
responsibility of the CONTRACTOR .
e. Upon expiration or termination of this Contract the parties
agree that the CONTRACTOR will work with any service
provider needing to integrate with the system and provide
this integration service at no cost to the COUNTY. This
includes ensuring a smooth transition, including but not
limited to, providing data (e.g . 'do not record' phone
numbers, inmate account information, recorded call data)
from the existing system at no cost to the COUNTY.
2. SYSTEM PERFORMANCE SPECIFICATIONS
a. CONTRACTOR shall comply with all Federal Communications
Commission (FCC) and state and local requirements and
tariffs.
b. The system shall permit outgoing and station-to-station
calls that can be billed to the called party (a.k.a.
collect calls) or billed through a phone call prepayment
system.
c. The system shall not allow any incoming calls except those
sent from inside the facility by staff during an emergency.
These calls would be to facilitate contact with inmates
during a disturbance situation.
d. The system shall have the capability of providing a limited
number of free local calls. These calls will be at no cost
to the COUNTY.
e. The system shall allow specific non-recorded calls such as
to the Public Defender's Office and other agencies. The
COUNTY will work with the vendor to determine these
telephone numbers. The CONTRACTOR will preload all known

f.
g.

h.
i.
j.

k.
1.
m.

n.

o.

p.

q.
r.

s.

non-recordable destination call numbers prior to inmate
use.
Each phone shall provide an immediate response to the
inmate when the handset is off the hook.
The system shall provide the option to identify, flag, and
allow three-way or conference calling. The Benton COUNTY
Jail staff shall determine if the calls will be allowed or
blocked. The CONTRACTOR shall perform 100% suspected three
way call screening and report results to the COUNTY within
24 hours of the suspected call having occurred.
The system shall prevent call forwarding.
The system must run on an automated operator platform.
The system shall provide prompts in two (2) languages,
including English and Spanish with additional languages
added upon request at no charge to the COUNTY.
Call blocking shall be provided by specific number.
Blocking functions must be programmable on-site.
The called party shall be able to accept or reject a call
from a rotary dial or pulse dial telephone.
The system shall be capable of programmed call duration
limits. The system would automatically terminate a call at
the time limit set giving at least a thirty-second and
fifteen second warning. The capability of providing
different time limits for different blocks of inmate phone
numbers shall be available. The time limit shall be
controllable and adjustable.
The system shall be capable of providing call completion to
any point within the continental United States, Alaska,
Hawaii, and internationally for all local and interexchange carrier calls.
The system shall be capable of announcing to the called
party that the collect call is from a correctional
institution.
The system shall provide call recording for each and every
call made from an inmate phone including those that provide
free calls but excepting attorney conversations and other
calls deemed confidential by the Benton County Jail. The
system shall provide on-line instant access to those
recordings via the COUNTY's countywide Area Network.
The system shall provide/allow for access to any
investigators the COUNTY authorizes outside the network.
The system shall store all recordings over the term of the
Contract, which must be accessible instantly. The system
must be compatible with the COUNTY's Wide Area Network and
the MS Windows 2000, NT, XP, VISTA and Windows 7 operating
systems that will access the recordings, download them for
playing, play them, and store them locally.
The system shall include a case management function that
will allow grouping calls, annotating the records with
pertinent information for a criminal case, and verifying

the accuracy of the recordings. The COUNTY may, at its
option, permit other agencies, such as the District
Attorney's Office, to use the client software to access our
recordings. The COUNTY may charge other agencies for this
service.
t. The system shall integrate an announcement with the phone
system, announcing to both the caller and the called party
that the call will be recorded and monitored. The system
shall require positive acceptance by both parties to
monitoring and recording prior to allowing connection.
u. The system shall provide on-line access to billing name and
address records for investigative purposes.
v. All products offered by the CONTRACTOR, as well as third
party components, must be current products approved by the
COUNTY.
w. The system will include an alert system that will detect
calls made to restricted numbers, calls made by restricted
PINs, or calls made from restricted phones. The system will
have the capability of automatically calling investigators
and offering live monitoring of such calls.
x. The system shall have an inmate voice recognition feature
used at the start of each call to ensure the identity of
the inmate prior to connecting a call.
y. The CONTRACTOR shall keep the facility up-to-date on
customer and technical support issues via E-mail
notification.
z. The system will issue an inmate PIN automatically on
detainee intake through a link to the COUNTY's existing
CASE management system. CONTRACTOR will provide the link to
the CASE system and no COUNTY staff time will be required
to administer the issuance of the PIN. The system will also
close or inactivate the detainee's account upon release.
aa.
The system must provide for the immediate
disconnection of a call that is being monitored by simple
point and click from monitoring interface.
bb.
The system must be self-diagnostic and automatically
create "trouble tickets." These "trouble tickets" must be
automatically delivered to support centers within two
minutes of detected trouble.
cc.
The recording system shall allow investigators to
attach notes to each recorded call record.
3. MANDATORY VENDOR COSTS
a. The CONTRACTOR shall be responsible for all carrier-related
cost and performance issues, including but not limited to
inter-exchange carriers (IEC) , long distance carriers, and
primary inter-exchange carriers (PIC).
b. All equipment and labor necessary to fulfill the
requirements of this Contract shall be provided by the
CONTRACTOR at no cost to the COUNTY. This includes, but is
not limited to, all items necessary for proper

installation, phone jacks, conduit, cabling, and related
labor. Upon termination of the Contract, all wiring and
added equipment (other than phones) shall become the
property of the COUNTY.
c. The CONTRACTOR is responsible for the full cost of
installing, providing, and maintaining tariffed telephone
line access services for all inmate phone service.
d. The CONTRACTOR shall be responsible for all costs to ship
and transfer the equipment/services supplied for initial
installation, and any subsequent preventative and repair
maintenance. All equipment shall be properly packaged or
otherwise protected during shipment.
e . The CONTRACTOR shall add additional inmate telephones to
the system during the term of the Contract upon receipt of
request from the COUNTY . Additions will be at no cost to
the COUNTY.
f. The CONTRACTOR shall move or disconnect inmate telephones
at the request of the COUNTY at no charge to the COUNTY.
g. The vendor shall provide to the COUNTY an annual financial
audit at the CONTRACTOR's expense to ensure that revenues
and compensation associated with the system have been
accurately reported and paid. The audit shall be provided
to the COUNTY within 30 days of the end of the COUNTY's
fiscal year.
4. EQUIPMENT SPECIFICATIONS
a. Telephones as designated and installed shall be Americans
with Disabilities Act (ADA) and Title 24 compliant.
b. All telephones shall be surface mount compatible with
standard telephone company mountings.
c. All telephone instruments shall be approved by the COUNTY
and comply with FCC regulations.
d. All telephone instruments shall be equipped with a metallic
tamperproof keypad.
e. Each telephone instrument shall have touch-tone keypads.
f. All telephone instruments shall be equipped with an armored
handset cord. The length of the cord is to be eighteen (18)
inches with steel cable on the inside, unless noted
otherwise by the COUNTY.
g. Each telephone instrument shall be equipped with an on and
off shutoff capability to be located at each local control
room or area as designated by the COUNTY. System shall
allow remote access to shut down individual phones and
phones by regions within the facility.
h. All telephone instruments are to be specifically designed
for their resistance to the abuse found in correctional
facilities.
5. MAINTENANCE SPECIFICATIONS
a. The CONTRACTOR shall provide all necessary labor, parts,
materials, and transportation to maintain all proposed
telephones and related services equipment in good working

b.

c.
d.

e.

f.

g.

h.

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k.

1.

order, and in compliance with the equipment manufacturer's
specifications throughout the term of the Contract. No
charge may be made to the COUNTY for maintenance of the
system.
The CONTRACTOR shall provide telephone equipment personnel
who have been fully trained, manufacturer certified, and/or
qualified on the equipment and software to be serviced .
The CONTRACTOR shall be responsible for all ongoing and
routine maintenance of the system hardware and software.
The CONTRACTOR shall maintain a log for phone inspections
and maintenance work performed, and shall submit the log
annually or as required by the COUNTY.
Maintenance service representatives shall be available for
the COUNTY's site where the CONTRACTOR's equipment,
services, and/or software are installed.
Maintenance personnel supporting the equipment, services,
and/or software shall have at least six (6) months
experience servicing the equipment, services, and/or
software provided .
An adequate inventory of spare parts shall be kept to be
immediately available for emergency repairs to allow for
the necessary operation of the proposed equipment,
services, and/or software.
Maintenance personnel shall respond and resolve normal
repair requests within six (6) hours from time of
notification and, if necessary, be on - site within six (6)
hours, Monday through Friday, 0800 to 1700 hours.
For normal repair requests on weekends, 1700 hours Friday
to 0800 hours Monday, COUNTY ho l idays, and for Monday
through Friday from 1700 to 0800 hours, the vendor shall
isolate and correct any problem within twelve (12) hours.
In the event that a problem cannot be solved within the
twelve-hour period, the CONTRACTOR must contact the COUNTY
and propose a plan to correct the problem. The proposed
solution must meet with the satisfaction and agreement of
the COUNTY.
Maintenance personnel shall respond to an emergency request
and be on-site , if necessary, within four (4) hours from
the time of notification from t h e COUNTY . An "emergency
request" will be limited to events that cause the nonoperation of over 50% of the phones, the lack of ability to
record or conference in third parties, any single site
becoming non-operational, or any other failure that
severely limits the proper use of the phone system.
CONTRACTOR shall maintain a toll-free customer service
telephone number which shall be answered 24 hours a day, 7
days a week by a live operator capable of responding to the
COUNTY's customer service needs.
The CONTRACTOR shall notify the COUNTY at least five (5)
working days prior to any planned occurrence that may

result in a service interruption to any inmate phone or
service that lasts in excess of fifteen (15) minutes. The
CONTRACTOR shall perform any work required at a time
mutually agreeable with the COUNTY.
m. The CONTRACTOR shall provide a point of contact for
handling complaints, and shall provide escalation names and
phone numbers to the COUNTY within ten (10) working days
after award of Contract. The CONTRACTOR shall provide the
COUNTY with regular updates to this information over the
course of the Contract.
n. All service requests, other than repair or emergency
requests shall be completed within two (2) weeks from the
time the request is made to the CONTRACTOR unless otherwise
requested or negotiated.
o. Upgrades shall be kept current with other correctional
agency upgrades. When another agency's system is upgraded
during the term of the COUNTY's Contract, then the COUNTY's
system shall be upgraded to the same level as the other
institution. These upgrades will be at no cost to the
COUNTY.
6. REPORTING, TRAINING and MONITORING REQUIREMENTS
a. CONTRACTOR shall provide monthly management reports on
inventory, revenues, and compensations on a per-telephone
number basis to be delivered to the COUNTY by the 15th day
of the month following the previous month's billing.
b. Vendor shall provide training as needed throughout the
course of the Contract at no cost to the COUNTY. Training
shall be conducted by professional instructors, be targeted
to the needs of the staff in the training session, and
include useful reference materials.
c. The system shall provide live monitoring of any call made
from any phone within the detention facility, except those
excluded by attorney client privilege or other calls deemed
private by Jail staff.
d. Calls excluded from monitoring shall be identical to those
excluded from recording. Excluded calls shall be
automatically blocked from monitoring by anyone using the
system.
e. This system shall allow call monitoring from computers
within the detention facilities and from any remote phone
access that Jail staff approve, and shall allow Benton
COUNTY Jail staff to deny access to individuals or from
locations that it chooses.
f. Each control station within the facility will be provided a
mechanical 'kill switch' which will instantly terminate a
call. The switch will be provided and maintained by the
vendor. This switch will be in addition to any software
functionality that provides the same function.
7. CHARGES,REFUNDS and COMPENSATION REQUIREMENTS

a. The CONTRACTOR shall be responsible for the collection of
charges for fraudulent or otherwise uncollectable calls.
b. The CONTRACTOR shall be responsible for any and all billing
disputes, claims, or liabilities that may arise in regard
to its provision of services under this Contract.
c. Billing charges shall begin no sooner than the time the
calling party is connected to and the called party accepts
the call. Charges shall be terminated when the call ends.
Incomplete calls, such as network intercept recordings,
busy signals, no answers, refusal of calls, etcetera, shall
not be billed.
d. In instances where a call is terminated by means other than
one of the calling parties hanging up or the call timing
out, the CONTRACTOR will investigate the terminated call
upon inmate or customer request and refund the full charges
associated with the call to the paying party if the call
was billed as a fixed duration prepaid call or the
connection fee if the call was a connection their
representatives will be refunded only after approved by the
Benton COUNTY Jail staff. Under no circumstances will the
COUNTY be financially liable for refunds on terminated
calls.
e . The CONTRACTOR will be fully responsible for providing
refunds on prepaid accounts to any and all system
customers. All payments to and refunds from the system
accounts will occur without any COUNTY employee
participation.
f. The CONTRACTOR shall prepare mandatory monthly reports
which are to be sent every month to the COUNTY employee
listed in Exhibit B and contain the following information:
i. Customer account number
ii. Total calls by telephone number
iii. Total minutes for local exchange service by telephone
number
iv . Total minutes for inter-exchange service by telephone
number
v. Total station revenue by telephone number
vi. Total revenue by account
vii. Compensation paid by account
viii. Billing time period covered
ix. One-page monthly summary report that includes the
following:
1. Each account number
2. Each account name
3. Total calls per account
4 . Total minutes per account
5. Total revenue per account
6. Total compensation paid per account
7. Billing time period covered
8. OTHER REQUIREMENTS

a. Operating Guidelines
i. COUNTY accepts the Products (defined below) subject to
the terms and conditions contained in this Contract.
b) "Products" for purposes of this Agreement, shall
include the following:
1. Inmate Communication Services
2 . Kiosk Products
3. Commissary ordering units
4. Facility Information System
5. Any and all other products marketed and/or
distributed by Telmate for Customer
b. Provide integration with other software and hardware units
such as Intergaph I/Leads, commissary ordering kiosks such
as Keefe, COUNTY banking service provider and COUNTY
network.

EXHIBIT B
SCHEDULE OF CHARGES AND PAYMENTS
In exchange for the exclusive right to install and maintain a secure
inmate telephone and call monitoring system in the Benton County Jail,
the CONTRACTOR agrees to reimburse the COUNTY at the below cited
commission rate for all revenues generated directly or indirectly from
the use of the inmate telephone system installed at Benton County
Jail. The only permissible exclusions to commissionable revenues are
State and Local taxes if they are passed through to the billed parties
without markup.
TERM COMMISSION RATE 59%
CONTRACTOR agrees to the following initial Prepaid and Collect call
rates:
Prepaid and collect (shared rate)
Call Category

Connect
Fee

Local
Intra LATA

$4.75
$4.75

$0.00
$0.00

$4.75
$4.75

Inter LATA

$4.75
$6.75
$10.00
$1. 25

$0.00
$0.00
$0.00
$0.00

$4.75

InterState
International
Voicemail

Per Minute
Rate

Price for a 15 Minute
call

$6.75
$10.00
n/a

COUNTY and CONTRACTOR agree that prepaid and collect call rates may be
changed by mutual written consent over the term of the Contract.
Both parties agree that changes to the commission rate, other than
those described herein, will require an amendment to this Contract,
but adjustments to the Prepaid and Collect call rates alone will not
require an amendment.
The COUNTY and CONTRACTOR must agree in writing on any vendor
marketing incentives or discounts before they are offered to the
inmates or the called parties. These incentives may include but are
not limited to promotional discounts or free minutes.
Compensation payments on gross revenues for a calendar month shall be
paid monthly within forty-five (45) days of the end of the month in
which call revenue was generated. Payments and reports shall be mailed
to:
Benton County Sheriff's Office
Attn: Julie Thompson
7122 W. Okanogan Place, Building B
Kennewick, WA 99336