1-RFP 2026-14 - Inmate Communications.pdf

UTAH COUNTY

REQUEST FOR

PROPOSALS

INMATE COMMUNICATIONS FOR THE

UTAH COUNTY SECURITY CENTER

RFP# 2026-14

CLOSING DATE FOR

RECEIPT OF PROPOSALS: Wednesday, August 19, 2026

TIME: 3:00 pm MT

Proposals are to be submitted through the State U3P website, using the Bonfire (EUNA) eProcurement platform.

Privacy Notice: Pursuant to Section 63A-19-402 of Utah Code, personal data collected in documents that would be classified as a public record may be made available to the public as provided by

Section 63G-2-201.

I. REQUEST FOR PROPOSALS

Through this Request for Proposals (RFP), Utah County intends to evaluate qualified inmate communications services for inmates at the Utah County Jail located at the Utah County Security

Center in Spanish Fork, Utah. This RFP is providing an extensive Scope of Work, which is intended to detail the required and desired elements of an inmate communications system.

Requirements are included in a checklist (Attachment D). Offerors will need to confirm their ability to provide these requirements on the checklist. For those items requiring an explanation, the explanation needs to be included either on the checklist or on an accompanying sheet that references the checklist item. The Utah County Evaluation Committee will determine, at its discretion, whether any of these requirements may be waived.

II. BACKGROUND

Shown below is the setup for the current communication system in use:

III. TERM OF AGREEMENT

The term of the resulting agreement is anticipated to begin 1 January 2027, continuing through

31 December 2029, plus the option to renew for three additional one-year periods.

IV. SCOPE OF WORK

See Attachment B

V. CONTENT OF PROPOSAL

The proposal must include the following information:

Proposal:

1. Title Page. Include company name, local address, telephone number, e-mail address, and contact name. This page must be signed by a principal or authorized officer or representative of the company named thereon.

2. Table of Contents. Clearly identify location of information by section and page.

3. Executive Summary. The one-page executive summary is to briefly describe the Offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the Offeror. The reader should be able to determine the essence of the proposal by reading the executive summary. Any protected information requests should be identified in this section.

4. Detailed Response. This section should constitute the major portion of the proposal and must contain at a minimum the following information:

• A brief history of the company, including but not limited to ownership, date business started, mission statement, etc.

• A complete narrative of the Offeror's assessment of the work to be performed, the Offeror's ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the

Offeror's understanding of the desired overall performance expectations. Clearly indicate any options or alternatives proposed.

• A listing of any data or information which Offeror will require in order to undertake the project.

• A description of Offeror’s intended relationship with County staff, including the level of assistance anticipated in completing the work of this project.

• A description of any subcontracts and associations with other firms that Offeror proposes to utilize in the performance of this work. Fully describe the intended working relationships and responsibilities of each subcontracted firm and the number of past projects in which Offeror worked with each subcontracted firm.

• A specific point-by-point response to Scope of Work requirements (Attachment B).

5. Proposal Response Summary Page. Provide a signed Proposal Response Summary. All costs are to be enumerated in this section. In addition to materials, equipment, and direct labor, the stated cost should include any mark-up for fringe benefits, overhead, profit, and other direct expenses such as transportation, housing, and per diem. Identify all equipment/material lead time, and the time after delivery expected for completion of project. Also provide specific information related to commissions and purchase options for inmate telephone, email/messaging, tablets, law library application, educational applications, music and entertainment, off site mail and automated information system and investigative tools at the Utah County Security Center.

6. Commission Structure

Please provide information on the commission structure. Commission structure will be evaluated based on return to Utah County Security Center, and economy of rates for end users. Include the following within your response:

• The rate(s) your company will charge and the percentage of commission you will pay Utah

County Security Center for inmate telephone and inmate email service. Failure to state proposed commission percentage will result in rejection of proposal.

• Explain in detail the method used to calculate revenue to the County (e.g., gross revenue, adjusted gross revenue, net revenue).

• For each service, state applicable deductions from Gross Revenue before calculating the County's revenue (i.e., uncollectible calls, total calls, access lines charges, clearing house charges, RBOC, LIDB, etc.).

• Method of reporting the calculation of the County's commission payment. What types of reports are available to Utah County Security Center to audit commission payments? Provide report samples.

• Describe the procedure for handling uncollectible revenue. State whether this expense reduces

County commission and, if so, specify in what manner. Describe collection procedures. Describe the procedure for billing. Describe your billing process and who handles billing. What deductions are there from revenues, if any?

• Provide Offeror proposed rates for local, intraLATA, interLATA, and interstate calls, inmate telephone, email/messaging, tablets, law library application, educational applications, music and entertainment at the Utah County Security Center.

• Describe applicable federal, state and local public regulatory bodies with jurisdiction over the services, their applicable rates, tariffs, rules and regulations and how Offeror will comply with the same.

• Offeror shall notify users of the cost of the service prior to providing the service.

7. Company Qualifications. Include the following documentation of qualifications:

• Copy of any license(s), certification(s), registration(s), etc. required by the local, state, and/or federal authorities having jurisdiction for the Offeror to perform the work of this project.

• Certification from telephone and video manufacturers that the installing contractor is authorized and trained to install their product. If your firm is not certified, provide a statement whether you intend to subcontract or affiliate with a certified firm and indicate the percentage of the work to be given to that firm.

8. Experience of Key Personnel. Include the following documentation of experience:

List 1-3 examples of comparable projects undertaken by the Project Manager your firm is proposing for this project. The Project Manager is defined as the person designated as having day-to-day responsibility to perform the work or to very closely supervise the work of others in the development of this project.

Include resumes of the key personnel who will be actively working on this project. Resumes should list related project experience and general duties for each.

9. References. Submit a minimum of three (3) references from projects where Offeror has provided services similar in size and scope to this project within the last two years. References shall include dates of service, company name, address, telephone, email address and contact person. The Offeror must agree to authorize its references to furnish any information requested by

Utah County Security Center to verify references provided and to determine the quality and timeliness of previous work performed.

10. Sample Reports. Detailing services provided, billing therefore, and periodic commission calculations.

10. Requirements Compliance Checklist (Attachment D). Completed checklist, with accompanying pages, if necessary.

Additional Required Documentation:

Certificate of Non-collusion (Attachment C)

VI. EVALUATION OF PROPOSALS

All proposals will be evaluated by authorized representatives of Utah County (the Evaluation

Committee). The following criteria will be used by the Evaluation Committee in creating a score for each of the proposals:

Demonstrated ability to meet all technical requirements: 30 points

Pricing and commissions: 30 points

Experience, technical offering, account support and maintenance: 30 points

Proposed project plan, scheduling, and implementation: 10 points

TOTAL: 100 points.

Evaluation Committee members shall not confer with any Proposer regarding this RFP during the evaluation process. If information or clarification is needed regarding the RFP, the prospective Proposers are to contact the Purchasing Manager as herein defined. All proposals received shall be evaluated and scored independently by each member of the Evaluation

Committee. The award recommendation will be based on the best evaluated proposal and shall constitute only a recommendation to the Board of Utah County Commissioners. Committee members may discuss the proposals together, but each committee member will privately score and/or rank their selection.

VII. INQUIRIES

All inquires relating to the proposal procedures should be submitted through the Bonfire eProcurement platform or directed to Robert Baxter, Utah County Purchasing Manager, at

RobertB@utahcounty.gov.

VIII. INSTRUCTIONS FOR PROPOSAL PREPARATION / PROPOSALS SUBMISSION

Proposals must be submitted through the Bonfire eProcurement platform by Wednesday, 19

August 2026 at 3:00pm.

IX. ACCEPTANCE OF PROPOSAL

Pursuant to this RFP a contract may be executed based on the terms and parameters of the RFP and the offer presented by the proposer. The contract period will be for the time indicated in Term of Agreement.

X. DISQUALIFICATION OF PROPOSAL

The occurrence of any of the following may result in disqualification of a respondent:

A. Failure to respond by the established submission deadline.

B. Failure to completely answer all questions posed in the RFP.

C. Failure to provide requested documentation at the time of proposal submission.

D. Illegible responses.

E. Failure to sign and return the Signature Page.

F. Failure to evidence a satisfactory record of integrity.

G. Failure to qualify legally to contract.

XI. PROCUREMENT RULES AND PROCEDURES

A. Procedure

The Procedure for the issuance of the RFP, evaluation of proposals, and selection of a

Contractor:

1. Interested entities will prepare and submit their proposals.

2. Utah County and/or its representatives will evaluate all submitted proposals to determine acceptance or rejection of the proposals.

3. If the County chooses to select a contractor, that entity will be required to sign a

Contract according to the terms found throughout this RFP.

B. Rules of Procurement

All materials submitted in response to this RFP become the property of Utah County and will not be returned. Proposals submitted may be reviewed and evaluated by any person at the discretion of Utah County.

Utah County has established certain requirements with respect to proposals to be submitted by respondents. The use of “shall”, “must”, or “will”, in this RFP indicates a requirements or condition from which a material deviation will not be approved by

Utah County.

The County reserves the right to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the County.

Utah County reserves the right to reject any or all proposals or waive irregularities when to do so would be in the best interests of Utah County. Minor irregularities are those which will not have a significant adverse effect on overall competition or performance levels.

The County may not award a contract solely on the basis of this RFP and will not pay for the information solicited or obtained. The information obtained will be used in determining the proposal that best meets the County’s needs and is the most advantageous proposal received. No oral, or telephonic proposals or modifications will be considered.

The responding party agrees that Utah County may terminate this procurement procedure at any time, and Utah County shall have no liability or responsibility to the responding party for any costs or expenses incurred in connection with this RFP, or such party’s response.

ATTACHMENT A:

UTAH COUNTY STANDARD TERMS AND CONDITIONS FOR PRODUCTS AND

SERVICES

1. DEFINITIONS. The following terms shall have the meanings set forth below:

(A) The “Agreement” consists of the following documents:

(i) The Utah County Agreement cover page, which contains the signatures of Utah County and Contractor, or, an unsigned Purchase Order (PO);

(ii) This Attachment A: Utah County Standard Terms and Conditions for Products and

Services; and

(iii) Any other express written attachments that are incorporated by reference on the Utah

County Agreement cover page.

(B) “Contractor” means the individual or entity delivering the Products and Services identified in the Agreement. The term “Contractor” shall include the individual’s or entities’ agents, officers, employees, and partners.

(C) The “County” means Utah County, a political subdivision of the State of Utah, as directed and managed by a majority vote of the Board of County Commissioners of Utah County.

(D) “Products” means any products to be delivered to the County by Contractor as described in the Utah County Agreement cover page, including any products described in any attachments that are incorporated by reference on the Utah County Agreement cover page.

(E) “Services” means any services to be performed for the County by Contractor as described in the Utah County Agreement cover page, including any services described in any attachments that are incorporated by reference on the Utah County Agreement cover page.

(F) “Subcontractors” mean subcontractors or subconsultants that are under the direct or indirect control or responsibility of Contractor, and includes all independent contractors, agents, employees, or authorized resellers.

2. EXTRA WORK.

(A) Extra work shall be undertaken only when previously authorized in writing by the County and is defined as additional work which is neither shown nor defined in the Agreement or the attached Contractor’s proposal (if any) but determined by the County to be necessary to the project. Extra work is also defined as that additional effort necessary by reason of changed conditions which are radical and unforeseeable.

(B) Miscellaneous items normally associated with the major work items included in the

Agreement, but which may not be specifically identified, shall be furnished by Contractor as if they had been included in the Agreement, without additional cost to the County. After written prior authorization of the Board of County Commissioners of Utah County, payment for authorized extra work will be made in the previously authorized amount only.

3. PAYMENT. Payments from the County are normally made within thirty (30) days following the date an order is delivered, service is performed, or the date a correct invoice is received, whichever is later. All payments for the Agreement will be remitted electronically, by mail, or as otherwise determined by the County. Contractor shall accept payment by check or by

Purchasing Card without any additional fees.

4. OWNERSHIP IN INTELLECTUAL PROPERTY. The County and Contractor each recognize that each has no right, title, interest, proprietary or otherwise in the intellectual property owned or licensed by the other, unless otherwise agreed upon by the parties in writing. The County will have all rights, title, and ownership of all websites and social media accounts, including any passwords, usernames, or other pertinent login information or hosting credentials;

advertising materials, including any content or work product; images; newsletters; and intellectual property, including derivative works, created, or arising out of the performance of the Agreement, unless otherwise indicated in the Agreement. Contractor will give the County a list of all current passwords, usernames, and any other relevant information or credentials necessary for access and control of any property under the Agreement upon completion of the

Agreement or upon the County’s request.

5. INSURANCE.

(A) Contractor agrees to carry Commercial General Liability insurance coverage equal to or greater than three million dollars ($3,000,000) per occurrence, or in a lesser amount if explicitly authorized and identified on the Utah County Agreement cover page. This coverage shall provide liability insurance to cover the activities of Contractor and its subcontractors, all equipment and vehicles, public or private, used in the performance of the

Agreement, and to add the County as an additional insured for any Services in the contract.

Prior to commencement of work, Contractor shall furnish a Certificate of Insurance to the

County evidencing that Contractor has this insurance in place and that the County is an additional insured. An umbrella policy may be used to supplement the Commercial General

Liability insurance coverage if needed to reach the coverage requirement.

(B) Prior to commencement of Services, Contractor shall furnish a Certificate of Insurance to the County evidencing that Contractor has Workers Compensation Insurance for the

Contractor and Subcontractors.

6. DATA PRIVACY. If Contractor, as part of this agreement or transaction, will receive or work with County information, or if they will be gathering data on behalf of the County, Contractor will be required to comply with the following provisions as applicable.

(A) Cyber Insurance. Contractor agrees to purchase and maintain throughout the term of this

Agreement a technology and professional liability insurance policy, including coverage for network security and data protection liability insurance (also called “cyber liability”) covering liabilities for financial loss resulting or arising from acts, errors, or omissions, in rendering technology or professional services or in connection with the specific services described in violation or infringement of any right of privacy, including breach of security and breach of security or privacy laws, rules or regulations globally, now or hereinafter constituted or amended; data theft, damage, unauthorized disclosure, destruction, or corruption, including without limitation, unauthorized access, unauthorized use, identity theft, theft of personally identifiable information or confidential government, corporate, or public information in whatever form; transmission of a computer virus or other type of malicious code; participation in a denial of service attack on third party computer systems;

loss or denial of service; with no cyber terrorism exclusion; with a minimum limit of three million dollars ($3,000,000) for each and every claim and in the aggregate. Such coverage must include technology and professional liability including breach of contract, privacy and security liability, privacy regulatory defense and payment of civil fines, payment of credit card provider penalties, and breach response costs (including without limitation, notification costs, forensics, credit protection services, call center services, identity theft protection services, and crisis management and public relations services). Such insurance must explicitly address all of the foregoing without limitation if caused by an employee of the

Contractor or an independent contractor working on behalf of the Contractor in performing services under this Agreement. Policy must provide coverage for wrongful acts, claims, and lawsuits anywhere in the world. Such insurance must include affirmative contractual liability coverage for any data breach indemnity in this Agreement, for all damages, defense costs, privacy regulatory civil fines and penalties, and reasonable and necessary data breach notification, forensics, credit protection services, public relations and crisis management, and other data breach mitigation services resulting from a confidentiality or security breach by or on behalf of the Contractor. Contractor shall furnish evidence of coverage at the time of any bid or proposal, and upon request at any time during the term of the Agreement.

(B) Protecting Personal Identifying Information. Utah Code Title 63A, Chapter 19requires governmental agencies follow specific standards to protect personal data privacy. Consistent with Utah Code § 63A- 19-401(4), Contractor acknowledges that Contractor and any

Subcontractor, are also required to comply with the relevant requirements of this chapter regarding the personal data processed or accessed by Contractor or Subcontractor as part of

Contractor’s duties under the Agreement to the same extent as required of the governmental entity.

7. GOVERNING LAW AND VENUE. The Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Utah and Utah County. Any action or proceeding arising from the Agreement shall be brought in a court of competent jurisdiction in the State of Utah. Venue shall be in Provo, in the Fourth Judicial District Court for Utah County.

8. COMPLIANCE WITH LAWS AND REGULATIONS. At all times during the Agreement, Contractor and all Products and Services performed under the Agreement shall comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements. Any violation by Contractor of applicable law shall constitute an event of default under the Agreement and Contractor shall indemnify the

County from and against any and all liability arising out of or connected with the violation, to include all attorney fees and costs incurred by the County as a result of the violation. Contractor is responsible, at its expense, to acquire, maintain, and renew all necessary permits and licenses required for its lawful performance of its duties and obligations under the Agreement during the term of the Agreement. To the extent that Contractor uses, stores, transfers, or manipulates any data in the performance of its obligations, Contractor will further comply with all applicable privacy and data laws and regulations, including but not limited to General Data Protection

Regulation 2016/679 of the European Union (“GDPR”) and similar provisions from any jurisdiction in the United States and any locations where data is or may be stored.

9. EMPLOYMENT STATUS VERIFICATION. Contractor shall register and participate in the

Status Verification System and comply with Utah Code § 63G-12-302 of the Identity Documents and Verification Act. Contractor shall require an affidavit verifying compliance with Utah Code

§ 63-G-12-302 from each of its contractors and subcontractors.

10. INDEPENDENT CONTRACTOR. Contractor’s legal status is that of an independent contractor, and in no manner shall Contractor be deemed an employee or agent of the County, and therefore is not entitled to any of the benefits associated with such employment. As an independent contractor, Contractor shall have no express or implied authority to bind the County to any agreements, settlements, liabilities, or understandings whatsoever, and agrees not to perform any acts as an agent for the County. Contractor shall remain responsible for all applicable federal, state, and local taxes, and all FICA contributions.

11. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the County, its officers, employees, and agents, from and against any and all claims, demands, causes of action, orders, decrees, judgements, losses, risks of loss, damages, expenses, and liabilities arising out of or related to the Agreement. Contractor shall also pay any litigation expenses that the County incurs, including attorney’s fees, arising out of or related to the Agreement. As between the parties to the Agreement, Contractor shall assume sole liability for any injuries or damages caused to a third party as a result of fulfillment of the

Agreement. The County reserves the right to conduct, control, and direct its own defense for any claims, demands, causes of action, orders, decrees, judgements, losses, damages, expenses, and liabilities arising out of or related to the Agreement.

12. INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY. Contractor shall indemnify and hold the County harmless from and against any and all damages, expenses

(including reasonable attorney’s fees), claims, judgments, liabilities, and costs in any action or claim brought against the County for infringement of a third party’s copyright, trademark, trade secret, or other proprietary right arising from this Agreement.

13. GOVERNMENTAL IMMUNITY. The County is a corporate and political subdivision of the

State of Utah, subject to the Governmental Immunity Act of Utah (the “Act”). The County does not waive any procedural or substantive defense or benefit provided or to be provided by the Act or any comparable legislative enactment. The parties agree that the County shall only be liable within the parameters of the Act. Nothing contained in the Agreement shall be construed in any way to modify the limits set forth in that Act or the basis for liability as established in the Act.

14. NON-FUNDING CLAUSE. The County intends to request the appropriation of funds to be paid for the services provided by Contractor under the Agreement. The Agreement shall create no obligation on the County as to succeeding annual budget cycles and if funds are not available beyond December 31 of any effective annual budget cycle of the Agreement, or if the budget is amended and such funds are no longer available, the County’s obligation for performance of the

Agreement shall be null and void. This termination shall not be construed as a breach of the

Agreement or any event of default under the Agreement and the termination shall be without penalty, and no right of action for damages or other relief shall accrue to the benefit of Contractor, its successors, or its assigns, as to the Agreement. If funds are not appropriated for a succeeding annual budget cycle to fund performance by the County under the Agreement, or if the budget is amended to make such funds no longer available, the County shall attempt to notify Contractor of non-funding and the termination of the Agreement.

15. SALES TAX EXEMPTION.

a. Service Contract: If Contractor is providing services (e.g., building a road, remodeling a building, cleaning up waste, consulting, interpreting, providing medical or financial services, etc.), the Contractor may not use the County’s tax exempt number to purchase goods necessary for the execution of this Agreement.

b. Goods Contract: If the Contractor is providing goods, the County’s sales and use tax exemption number is 11748944 002 STC. The tangible personal property or services being purchased are to be paid from the County’s funds and used in the exercise of that entity’s essential functions. As such, Contractor shall not charge the County any sales tax for the product(s) purchased under the Agreement.

16. CONFIDENTIALITY. Materials, information, data, reports, plans, analyses, budgets, and similar documentation provided to or prepared by Contractor in performance of the Agreement shall be owned by the County and shall be held confidential by Contractor. In addition, all information provided to Contractor by the County for the purposes of Contractor’s performance of the Products or Services, whether provided in writing or any other form, shall be held in confidence by Contractor and Contractor shall not release any of the information to any third party, any member of Contractor’s firm who is not involved in the performance of Products or

Services, or to any representative of the news media without prior written consent of the County.

The County shall have the sole obligation or privilege of releasing such information as required by law. Any employee or member of Contractor’s firm, subcontractor, or agent with whom

Contractor shares any information as described in this section will be under the same obligations of confidentiality, and Contractor is required to secure and provide to County written commitments to that effect from each such recipient of information.

17. TERMINATION. Unless otherwise stated in Attachment C: Special Provisions, the Agreement may be terminated with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. If the violation is reasonably subject to cure, the party in violation will be given 10 working days after notification to correct and cease the violation, after which the Agreement may be terminated for cause. Time allowed for cure will not diminish or eliminate Contractor’s liability for damages. The Agreement may be terminated without cause, in advance of the specified expiration date, by the County upon 30 days prior written notice being given to Contractor. On termination of the Agreement, all accounts and payments will be processed according to the financial arrangements in the Agreement for approved services rendered prior to the date of termination, subject to any offsetting claims by the County.

18. FORCE MAJEURE. The County will not be held liable for delay or default caused by fire, riot, acts of God, State or Utah County declared state of emergency, or war. The County may terminate the Agreement after determining such delay or default will reasonably prevent successful performance of the Agreement.

19. SEVERABILITY OF AGREEMENT. The invalidity of any portion of the Agreement shall not prevent the remainder from being carried into effect.

20. LEGAL SUPPORT. Contractor shall be responsible to provide all legal support for the project including but not limited to the preparation of contracts with subcontractors.

21. NO PRESUMPTION. Should any provision of the Agreement require judicial interpretation, the Court interpreting or construing the same shall not apply a presumption that the terms in the

Agreement shall be more strictly construed against the party, by reason of the rule of construction that a document is to be construed more strictly against the person who himself or through his agents prepared the same, it being acknowledged that all parties have participated in the preparation hereof.

22. WARRANTY. To the maximum extent permitted under Utah State law, Contractor warrants to the County that all services and materials furnished under the Agreement will be of the highest quality, consistent with the degree of skill and care ordinarily exercised by similarly situated members of Contractor’s profession, and in conformance with the terms hereof.

Contractor warrants and assumes responsibility for all products (including hardware, firmware, and software products) that it licenses, contracts, or sells to the County under the Agreement for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in the Agreement or Contractor’s proposal, attached hereto (if any).

Contractor (seller) acknowledges that all warranties granted to the buyer by the Uniform

Commercial Code of the State of Utah apply to the Agreement. Product liability disclaimers and warranty disclaimers from the seller are not applicable to the Agreement unless otherwise specified and mutually agreed upon elsewhere in the Agreement. In general, Contractor warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable for any special purposes that the County has relied upon Contractor’s skill or judgment to consider when it advised the County about the product, (5) the product has been properly designed and manufactured, and (6) the product is free of defects or unusual problems about which the

County has not been warned in writing prior to entering into the Agreement. Remedies available to the County include, without limitation, the following: Contractor will repair or replace (at no charge to the County) the product whose nonconformance is discovered and made known to Contractor in writing. If the repaired or replaced product proves to be inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies the County may otherwise have under the Agreement.

23. TIME IS OF THE ESSENCE. The County and Contractor recognize that time is of the essence here and the County will suffer financial loss if any Products or Services are not delivered and performed within the time specified in the Agreement, plus any extensions approved in writing by the County. Contractor shall be liable for all reasonable damages to the County and to anyone whom the County may be liable to as a result of Contractor’s failure to timely deliver and perform the Products and Services.

24. DELIVERY. Unless otherwise specified in this contract, all deliveries will be F.O.B. destination with all transportation and handling charges paid by Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to the County except as to latent defects, fraud, and Contractor’s warranty obligations, if applicable.

25. CONDITION AND TITLE. The products delivered by Contractor to the County shall be new and free of all faults and defects. Upon payment of the purchase price by the County to

Contractor, Contractor shall provide the County with clear title, free and clear of all liens and encumbrances, if applicable.

26. INTERPRETATION OF AGREEMENT. Whenever the context of any provision shall require it, the singular number shall be held to include the plural number, and vice versa, and the use of any gender shall include all genders. The paragraph and section headings in this Agreement are for convenience only and do not constitute a part of the provisions hereof.

27. NOTICES. All notices, demands and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been properly given if delivered by hand or by certified mail, return receipt requested, postage paid, to the parties at their respective places of business, or at such other addresses as may be designated by notice given hereunder, including by email to the contact person for Contractor at the email address identified on the

Utah County Agreement cover page.

28. COUNTERPARTS AND FACSIMILE SIGNATURES. The Agreement may be executed in counterparts, each of which when executed and delivered shall be deemed to be an original, binding between the executing parties, and all of which together constitute one and the same instrument.

Original, facsimile, emailed, texted, electronic, or power of attorney signatures shall be binding upon the executing party.

29. AMENDMENTS. No oral modifications or amendments to the Agreement shall be effective.

The Agreement may be modified or amended by a written agreement signed by the parties.

30. ASSIGNMENT. The parties to the Agreement shall not assign the Agreement without the prior written consent of the other party to the Agreement. No assignment shall relieve the original parties from any liability arising out of or related to the Agreement.

31. SUCCESSORS IN INTEREST. The Agreement shall be binding upon the heirs, successors, administrators, and assigns of each of the parties.

32. WAIVER. A waiver of any right, power, or privilege shall not be construed as a waiver of any subsequent right, power, or privilege. Any waiver must be in writing and signed by the party making the waiver.

33. SURVIVAL. The provisions of this Agreement which by their terms call for performance subsequent to termination of the Agreement shall so survive such expiration or termination, such as but not limited to: Section 4. Ownership of Intellectual Property, Section 11.

Indemnification, Section 12. Indemnification Relating to Intellectual Property, and Section

16. Confidentiality.

34. ENTIRE AGREEMENT. The Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of the

Agreement shall not be binding upon either party except to the extent incorporated in the

Agreement.

Revised January 28, 2026

ATTACHMENT B: SCOPE OF WORK

It is the intent of these specifications is to obtain information from vendors and their systems to provide inmate telephone services, inmate email services, video visitation, automated information systems, and investigative tools. Telephone services will include but are not limited to local and long-distance telephone service, including a recording and monitoring system and equipment for the inmates at the Utah County Security Center. Email/messaging services will be included as an option for family members and others to correspond with inmates through written electronic mail. Automated information systems (AIS) and Investigative Tools will also be required as part of the scope of work. All components of the proposed ITS must interface with County’s present internet, phone, computer and other County systems and must be provided and installed by Offeror at no cost to Utah County Security Center.

The Offeror must propose the ITS at no cost to the Utah County Security Center including but not limited to:

• full design, programming and installation.

• programming of all inmate specific information such as PIN’s, call/visiting privileges, access times.

• post installation maintenance.

• all network services (local, long distance, international).

• all network services for administration and investigative reporting of the system.

The Offeror will provide and install the ITS, at no cost to Utah County Security Center, and provide all documentation for the ITS within 60 days of award and agreement execution. The

Offeror shall oversee and perform the initial installation and set-up of the ITS.

The Offeror shall be responsible for all costs associated with the ITS, including but not limited to, purchase of equipment, installation, service, maintenance, data network, and day-to-day operations. The County shall have no responsibility for any costs associated with the ITS or the installation of the system. This includes any additional equipment associated with any future expansion of housing units while the Agreement is in effect.

The Offeror is responsible for determining and providing all wiring and software requirements and costs associated with the conversion of service from the current inmate system provider to the Offeror ITS. The Offeror shall coordinate all details of switching out services with the current service provider with little or no down time during switch over. All information must be transferred from the current provider in approximately the same format, showing all line items that were listed before.

The Offeror will provide at no cost to Utah County Security Center training on the ITS to members of the Security Center, Information Systems Division and Sheriff’s Office Department of Finance. The proposal must specify the scope and content of the training to be provided.

The Offeror shall be responsible for maintenance, repair, replacement and support on a twenty-four (24) hour, seven (7) day per week basis. The Offeror shall respond, in person, to a telephone request for maintenance, repair, or replacement as provided in the Equipment/System

Maintenance section below.

The Offeror will describe in the proposal, in detail, their company’s service and maintenance program including remote access, diagnostics, downloading and troubleshooting. Offeror should be capable of using a secure virtual private network (VPN) to diagnose and troubleshoot systems. All costs for maintenance, support, repair and replacement of all software and equipment will be borne by the Offeror and will not be deducted from any commissions. During the term of the Agreement, the Offeror agrees to provide maintenance, to diagnose problems, determine proper solutions and provide:

• The implementation of any required solutions, changes, modifications, updates or other services which are necessary to allow the software, hardware and any other ITS equipment to perform in accordance with the specifications as set forth in the RFP.

• Upgrade the software and/or hardware to its required performance standards as required in the RFP.

• Support provided via an 800 number over which we speak with a person.

• The number of support facilities and their location.

• The number of employees and the percentage of total employees who provide technical support.

The Offeror will provide a narrative description of standard operating procedures for normal system administration tasks specific to the Offeror’s software. This description should include/identify any specialized technical skills that will be required by County personnel and recommended guidelines for file backup.

Remote access is to be coordinated through the County’s Information Systems Division. The

Offeror is responsible for maintaining remote access to appropriate systems.

When recommending or performing future software upgrades and/or fixes, the Offeror is responsible for informing County of potential impacts on existing hardware and operating system configurations. Specifically, the Offeror must notify the County in advance that software enhancements will require modifications to workstation configurations. Future software upgrades and/or fixes shall not adversely impact existing hardware/operating system configurations or operation.

Various levels of security shall be present in the software ITS (i.e., normal user, inquiry, managerial, auditing, and diagnostic). Security levels shall have the ability to be customized by the County, including password control and tracking of transactions by individuals or stations.

Software updates shall be provided free of charge to Utah County Security Center for the length of the Agreement.

This is essentially summed up in the next section of saying it is a web-browser application. That is the nature of the platform. This could be removed without any impact.

All hardware necessary for the performance of this Agreement will be provided by the Offeror for the length of the Agreement. Maintenance or replacement of said hardware shall be the responsibility of the Offeror. Offeror will bear the cost of all hardware, maintenance and replacement.

The Offeror shall be able to restrict inmate phones, email and video visitation by location and/or inmate based on facility-imposed restrictions as deemed necessary for the effective, safe, and secure operation of the Security Center and management of inmates.

DETAILED SCOPE OF WORK INMATE TELEPHONE SYSTEM REQUIREMENTS

The ITS proposed for the Utah County Security Center must include the following components, but is not limited to:

• The proposed system shall allow outgoing calls only.

• The system shall be a secure Web-Browser-based application with full functionality using industry standard browsers including Google Chrome and Microsoft Edge.

• If there are additional programs or plug-ins required for full functionality, these additional dependencies must be operable in the Microsoft Windows operating system.

Current minimum windows version is 11.

• All hardware necessary for the performance of this Agreement will be provided by the

Offeror for the length of the Agreement. Maintenance, repair or replacement of said hardware shall be the responsibility of the Offeror. No third-party involvement will be allowed.

• The proposed system shall have the capability of processing pre-paid, debit and collect inmate calls, video visits and emails depending on the facility and unique needs of the

Utah County Security Center. The proposed system must interface with the inmate accounting program currently being used.

• The system must keep all call, video visit and email processing and rating information current. This information includes, but is not limited to, local exchanges, area codes, country codes, vertical & horizontal coordinates and any other information necessary to accurately process and rate calls, video visits and emails. The Offeror must provide the

Utah County Security Center with any and all rate information for all calls, video visits and emails upon request by the Utah County Security Center at any time during the term of this Agreement. Rates shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and shall not be changed without prior written approval of Utah County Security Center.

• The proposed system must allow free calls out of the inmate intake processing area, “Booking”.

• The proposed system must block all calls made to any of the following:

o 900, 972, 976, 550, telephone numbers incurring excess charges;

o long distance carrier access codes (e.g., 101-XXXX);

o local toll-free numbers (e.g., 950-XXXX);

o directory assistance numbers (e.g., 411, 555-1212, etc.);

o toll free numbers (e.g., 800, 888, 877, 866, 855, etc.) unless authorized by the Utah County Security Center; and o any other numbers requested by Utah County Security Center.

• The proposed system should also be able to handle attorney/legal calls/visits where the phone call/visit will not be recorded.

• The proposed system must not provide a second opportunity to dial a number or complete a three-way call without the inmate hanging up the telephone receiver after the first call is complete.

• The proposed system must allow for a maximum “ring time” prior to disconnecting the inmate call.

• The proposed system must provide notification to an inmate of the call status (e.g., busy, no answer, etc.). This notification must have appropriate recorded messages for each type of call status. This requirement must be implemented for all calling methods and all available languages.

• The proposed system shall notify the party responsible for the charges of the charges and rate before the call/video visit/email is connected or completed.

• The proposed system shall not allow the inmate to speak to the contacted party until the contact has been positively accepted. This requirement must be implemented for all contact methods.

• The proposed system must not allow the inmate to hear the contacted party prior to the actual positive acceptance (via touch tone entry) of the contact.

• Provide a Centralized System Database located outside of the Utah County Security

Center facilities and maintained by the Offeror. The Centralized System Database must be located in a secure location resistant to local disasters and also include processes to backup and restore data for disaster recovery.

• The system should, but is not required, to provide an API or other method of returning all data elements related to inmate phones and video visitation that can be used or parsed outside and independently from the web-browser based application. The preferred format for this data is in the standard JSON format.

• The ITS must be proposed with its own unique Local Area Network (LAN). Use of or integration with the Utah County Security Center ’s existing LAN is not permitted including but not limited to VPN access.

• Access should be controlled so deputies only have access to functions they are authorized to use, and a log should record those deputies using the system and the data they reviewed.

• The proposed system should provide an option for quick and selective shut down.

• The proposed system must allow Utah County Security Center personnel to temporarily restrict service to an individual inmate, inmate telephone, a group of phones or entire facility.

• The system must be proposed with a solution that allows the Utah County Security

Center to completely restrict inmate access to outside network services/housing units/facilities. The Offeror must describe, in its response, how this restriction is accomplished with the proposed system.

• The proposed system must allow for the Utah County Security Center to program times when the system will be available or unavailable to inmate contacting.

• The proposed system must provide a function that prevents 3-Way or Conference Calling while minimizing the possibility of “false disconnects”. The Offeror must explain, in its response, how this will be accomplished with the proposed system.

• The proposed system must provide a function that prevents call forwarding while minimizing the possibility of “false restrictions”. The Offeror must explain, in its response, how this will be accomplished with the proposed ITS.

• The proposed system must provide a Call Alert feature including e-mail notification.

This feature will provide real time live monitoring for Utah County Security Center personnel that a designated inmate is simply placing a call or is placing a telephone call to a specific number that has been assigned alert status.

• The Offeror must describe, in its response, how the proposed system operates when the inmate call is to a cellular telephone. This description must include how calls are placed to cellular telephones and how billing of the call is processed.

• Each contact placed through the system must be electronically identified by the system as being a contact originating from the Utah County Security Center. The system shall also be capable of announcing to the called party the name of the calling inmate.

• If a contact is not accepted by the contacted party, or if no one answers the call/contact, the system must inform the inmate of the situation prior to disconnecting the contact.

• Record and…