ISS Dale County Commission Commission Meeting Minutes = July 12, 2022 The Dale County Commission convened in a regular session Tuesday, July 12, 2022. The following members were present: Chairman Steve McKinnon; District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Chairman McKinnon called the meeting to order at 10:00am. Commissioner Wilson opened with the Pledge of Allegiance. Commissioner Carroll followed with prayer. APPROVED = AGENDA Commissioner Wilson made a motion to approve the agenda with the following additions: Ad purchase Inmate Communication Agreement County Engineer's Contract Appointing Authority Acting Emergency Engineer Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - MEMORANDUM OF WARRANTS Commissioner Gary made a motion to approve the following Memorandum of Warrants: Accounts Payable Check Numbers 93602-93722. Payroll Check Numbers: 154822- - 154825. Direct Deposit Check Numbers: 421505-421648. Commissioner Wilson seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes -July 12, 2022 Page 2of4 APPROVED - JUNE 28, 2022 MINUTES Commissioner Gary made a motion to approve the Minutes of the Commission Meeting on June 28, 2022. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - PERSONNEL Commissioner Carroll made a motion to approve the following: Sheriff - New Hire - Wesley Willy - Part-time Pilot Sheriff - New Hire - Michael Chadwick - Part-time Deputy Commissioner Grantham seconded the motion, all voted aye. Motion carried. APPROVED = AWARD BID - JAIL Commissioner Gary made a motion to approve the bid for architectural and engineering services oft the Jail renovation to PH&J Architects, Inc. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED = ARPA FUNDS EXPENDITURE - JAIL Commissioner Grantham made a motion to approve the expenditure of ARPA funds for the upgrade of ventilation and sewer systems in the Jail. See Exhibit1. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED = GIS AGREEMENT = BOARD OF REGISTRARS Commissioner Wilson made a motion to approve the agreement with Keet Consulting Services, Inc. (KCS) for GIS services for the Board of Registrars. See Exhibit 2. Commissioner Gary seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes -July 12,2022 Page3of4. APPROVED CORD344- ROAD & BRIDGE Commissioner Wilson made a motion to approve the permission to let project DCP 23-04-22 to Wiregrass Construction. See Exhibit 3. Commissioner Grantham seconded the motion, all voted aye. Motion carried. APPROVED = SURPLUS EQUIPMENT - ROAD & BRIDGE Commissioner Carroll made a motion to approve the request to surplus equipment. See Commissioner Grantham seconded the motion, all voted aye. Motion carried. Exhibit 4. APPROVED - BID AWARD CO RD 20 - ROAD & BRIDGE Commissioner Wilson made a motion to approve the awarding of the bid for road work on Co. Rd. 20, project number ST-023-888-009. See Exhibit 5. Commissioner Gary seconded the motion, all voted aye. Motion carried. APPROVED - AD PURCHASE Commissioner Carroll made a motion to approve the ad purchase, $450.00, for South Commissioner Wilson seconded the motion, all voted aye. Motion carried. Alabama Pro Rodeo Classic. APPROVED - INMATE COMMUNICATION SYSTEM Commissioner Gary made a motion to approve the inmate communication system Commissioner Wilson seconded the motion, all voted aye. Motion carried. agreement with ICSolutions. See Exhibit 6. Dale County Commission Commission Meeting Minutes -July 12,2022 Page4of4. APPROVED = COUNTY ENGINEER'S CONTRACT Commissioner Carroll made a motion to approve: Toe exercise Article 5, termination clause, oft the County Engineer's contract. Authorize our County attorney to prepare all paperwork. Engineer to be placed on administrative leave with pay until the date of the Due Process Hearing before the Commission. Due Process Hearing is set for Tuesday, July 19, 2022 at 1pm. Commissioner Grantham seconded the motion, all voted aye. Motion carried. APPROVED - APPOINTING AUTHORITY Commissioner Wilson made a motion to approve the Commission Chairman to be the Appointing Authority for all employees in the departments of Engineering, Road & Bridge, Maintenance, and Solid Waste. Commissioner Carroll seconded the motion, all voted aye. Motion carried. APPROVED - ACTING EMERGENCY ENGINEER Commissioner Carroll made a motion to approve the appointment of Andrew Faulk as emergency acting Engineer for Dale County according to Local Law 97-5-50, Section 12. Commissioner Wilson seconded the motion, all voted aye. Motion carried. ANNOUNCEMENT = NEXT REGULAR MEETING Chairman McKinnon announced that the next regular meeting of the Dale County Commission will be Tuesday, July 26, 2022 at 10:00am. ADJOURNMENT: CONFIRMATORY STATEMENT Commission Gary made a motion to adjourn the meeting. Commissioner Wilson seconded the motion. All voted aye. Motion carried. Itis hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions. Shh 5 Steve McKinnion, Chairman Exhibitl RESOLUTION FOR EXPENDITURE OF AMERICAN RESCUE PLAN ACT FUNDS FOR VENTILATION PROJECT WHEREAS, Dale County, Alabama (the "County") has received American Rescue Plan Act fiscal recovery funds ("ARPA funds") and is charged with ensuring that such funds are expended in accordance with state and federal law; and WHEREAS, under the Final Rule published by the United States Department of Treasury dated January 6, 2022, the County has the option to designate a standard allowance of up to $10,000,000 of its ARPA funds, not to exceed the County's total ARPA funds award, as revenue replacement ("Revenue Replacement funds"); and WHEREAS, the Final Rule provides that the designation oft this standard allowance is a one-time, irrevocable election that must be made for the period of performance of the ARPA funds award; and WHEREAS, the County has duly made this election; and WHEREAS, the County may expend designated Revenue Replacement funds for government WHEREAS, the County has determined that there is a need to provide appropriate county jail WHEREAS, the county has determined thatr renovations tot the existing jail, including, specifically, upgrades to its ventilation and sewage systems, is ar necessary, reasonable, and proportionate measure to services; and facilities; and facilitate the provision oft these government: services; and WHEREAS, the County issued a request for qualifications on May 24, 2022, for architectural and WHEREAS, PH&J Architects, Inc., and LaBella Associates submitted proposals in response to the WHEREAS, based upon the objective criteria in the request for qualifications, PH&J Architects, WHEREAS, the Commission desires toe enter into an agreement with PH&J Architects, Inc., to engineering services; and request for qualifications and were found to be the two most qualified; Inc., was determined to be the most qualified firm to complete the work; and perform architectural and engineering services for the project at the Dale County Jail. NOW, THEREFORE, BEI ITE RESOLVED BY THE COMMISSION as follows: 1) Jail; and 2) this project. The County may use ARPA funds to cover the cost of the renovation to the Dale County The Commission hereby appoints Chairman Steve McKinnon as the Project Manager for Exhibit 1 3) The Commission hereby directs the Project Manager to enter intor negotiations with PH&J Architects, Inc., including the negotiation of ar reasonable fee structure. If the Project Manager is not able to reach an agreement with PH&J Architects, Inc., the Project Manager may terminate negotiations and proceed with negotiations with LaBella Associates. obligation or expenditure of any funds. 4) The Commission reserves the right to approve the final contract with either firm prior to the IN WITNESS WHEREOF, the Dale County Commission has caused this Resolution to be executed ini its name and on its behalf byi its Chairman ont the 12th day of July, 2022. Sue Wfane Steve McKinnon Chairman, Dale County Commission Exhibit 2 2501 Meadowviewl Lane Suite 202 Pelham, AL 35124 KCSG Keet Consulting Services, LLC ASpatial. Solutions Company Dale County Board of Registrars VAM Proposal VOTER, REGISTPATION GIS Services and Support Description: Ini response to request of the Dale County, KCS is happy to provide this cost proposal addressing the following: District Creation (Mapping) Precinct Part Creation Processing Multi-Source Addressing Upload into ES&S (Registrar Office) GIS Maintenance & Support Services November 10, 2021 Page 1 Exhibit 2 KCS Keet Consulting Services, LLC District Creation (Mapping) KCS will manipulate district polygon boundaries to coincident boundary lines. These layers must bej provided to KCS in digital or paper format. Interaction with county staffn may be required during this process. Upon completion oft this critical initial step, all coincident boundary map lines must be approved by Dale County prior to initiating the GeoCoding Voter Registration process. GeoCoding Voter Registration Geocoding voters' addresses is the best way to maintain an accurate and up-to-date voter registration system. With the help ofGIS, the geocoding process assigns latitude and longitude coordinates to each address, thereby standardizing how voters' addresses are represented in a registered voter file. Addresses are then matched against streets on a digital map. KCS utilizes best practice techniques in the multi-source address process to ensure accuracy. After mapping voters' locations, precinct and district boundaries can be overlaid or redrawn while keeping an accurate account of voter assignments. Voter precinct parts auto generate from the district boundaries. KCS will assign each individual precinct part number. Addressing layer data will be provided by Dale County GIS. KCS will not manipulate the data. Results will be as accurate as the data provided. KCS will provide a general file toi import and override existing precinct parts. Interaction with the county's current voter registration The county's current vendor (ES&S) requires the following file format to be adhered software vendor will be required. to in order to import into their system: Tab-delimited txt file with the following data fields: City (25) Street pre-directional (2) Street name (30) Street Type Code (4). Street post-directional (2) Precinct Code (7) Group Code (3) Zip Code (5) Map ID number (10) Edit Code (1) District List (...) Once imported, logistics between the Board of Registrars' Office and the entities responsible for maintaining addresses for ongoing maintenance must be set forth. November: 10,2021 Page 2 Exhibit2 KCS Keet Consulting Services, LLC GIS Maintenance & Support Services GIS Maintenance and Support Services covers all aspects ofs support, management, upgrades and periodic updates related to the GIS component oft the ES&S Voter Registration software for the Board of Registrars' Office. This does not include any application design or development. GIS Services & Support-C COST Description District Creation/ GeoCoding *(One-time fee) GIS Maintenance & Support Services (Monthly) Price per Unit Units $10,000.00* Totals $10,000.00 $9,600.00 $19,600.00 1 $800.00 12 Total Conclusion --Itis KCS's goal to make this process as smooth and straightforward as possible. Within one month, KCS expects tol have the process completed for updating the street file in ES&S. Ifyoul have any questions, please do not hesitate to call or email. Thank you for the opportunity to provide you this proposal. Phill Nix Keep Consulting Services, LLC 2501 Meadowview: Lane, Suite 202 Pelham, AL 35124 pnix@kesgis.com www.kesgis.com Office: 205-620-9843 Mobile: 251-802-7047 November 10, 2021 Page 3 Exhibit2 2 AGREEMENT FOR GIS SERVICES AND SUPPORT THIS AGREEMENT ("Agreement") is made this 12thd day of, July, 2022, by and between KEET CONSULTING SERVICES, LLC, an Alabama limited liability company ("KCS"), and the DALE COUNTY COMMISSION ("the Client"). RECITALS WHEREAS, the Client, in its desire to make provision for GIS Services and Support, for WHEREAS, the Client has agreed to allow KCS to perform certain services in the benefit of the citizens ofI Dale County AL; and connection therewith. NOW, THEREFORE, in consideration oft the promises and covenants contained herein, and for good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound hereby, agree as follows: 1. Proposal. This Agreement includes the terms and conditions oft the "Proposal" attached hereto, all ofwhich, including but not limited to the description of GIS Services and Support for the Board of Registrars with cost overview, are incorporated herein by reference. 2. Term and Termination. (a) The contract period shall begin on the date this Agreement is formally approved by the Client and shall continue for a period of3 years, unless otherwise terminated or extended in accordance with the terms of this Agreement. (b). This Agreement may be terminated: (i) by either party upon one (1)year written notice; (ii) by the Client in the event KCS makes a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy or for reorganization or arrangement under the bankruptcy laws, ifaj petition in bankruptcy is filed against KCS, ori ifar receiver or trustee is appointed for all or any. part of the property or assets ofKCS; or (iii) by a written agreement executed by the parties. (c) Upon any termination or expiration of this Agreement, KCS shall immediately deliver to the Client all copies of confidential information in the possession, custody or control ofKCS. (d) In the event this Agreement is terminated, the Client shall pay KCS for all services and work undertaken in performance ofits obligations hereunder up to the date of termination. In addition, where applicable, there were discounts applied for multi-year terms of services and support fees are also subject to payment. Such payment is due and payable upon the submission to the Client of: (i)ap properly payable invoice; (ii) a detailed record that documents the extent to which performance of services was completed through such date oft termination; and (iii) written certification of compliance with Section 2(c). Exhibit 2 3. Performance of Services. During the term oft this Agreement and any extension or renewal thereof, KCS agrees to perform the services set forth herein and in the Proposal in accordance with the provisions thereof. 4. Payment Terms. (a) The Client shall pay KCS for the services hereunder the amounts set forth (b) The amounts stated in the Proposal attached hereto include all taxes, duties on the Proposal attached hereto and levies of any governmental entity, exclusive oft taxes on KCS's net income, and KCS shall be solely responsible for any such taxes, duties or levies. (c) The Client agrees that amounts of all properly payable invoices shall be due and payable within thirty (30) days after receipt. In the event the Client disputes the amount charged, services completed, or whether such invoice is properly payable, the amount of such invoice will not be due and payable until the parties resolve the dispute. 5. Warranties. (a) KCS Warranty. KCS warrants to the Client that: (i) KCS has the right and authority to enter into and perform its obligations under this Agreement; (ii) KCS shall perform the services in a workmanlike manner; (iii) the services, throughout the term ofthis Agreement shall conform substantially to the provisions of this Agreement and as set forth in the Proposal attached hereto; and (iv) the services and materials provided shall not contain any content, data, work, materials, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person. (b) The Client represents and warrants to KCS that: (i) the Client has the power and authority to enter into and perform its obligations under this Agreement; and (ii) the content oft the Client's application does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person. 6. LIMITATION OF LIABILITY. NOTWITSTANDING ANY OTHER PROVISION HEREOF, NEITHER PARTY SHALL BE LIABLE TOTHE OTHER PARTY OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALOR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. General. 2 Exhibit 2 (a) The parties and their respective personnel, are and shall be independent contractors and neither party by virtue oft this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf oft the other party. (b) Neither party may assign any ofi its rights, duties or obligations under this Agreement to any person or entity, in whole or inj part, and any attempt to do sO shall be deemed void and/or a material breach ofthis Agreement. (c) No waiver ofany provision hereof or ofany right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought tol be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise ofany right or remedy hereunder shall constitute a waiver ofany other right or remedy, or future exercise thereof. (d) Ifany provision of this Agreement is determined to be invalid under any applicable statute or rule ofl law, it is to that extent to be deemed omitted, and the balance ofthe Agreement shall remain enforceable. (e) All notices shall be in writing and shall be deemed to be delivered when received by certified mail, postage prepaid, return receipt requested, or when sent by facsimile or e-mail confirmed by call back. All notices shall be directed to the parties at their respective addresses or to such other address as either party may, from time to time, designate by notice to the other party. (f) No amendment, change, waiver, or discharge hereof shall be valid unless (g) This Agreement shall be governed in all respects by the laws oft the State (h) The respective rights and obligations of the parties under Sections 2(c), (1) This Agreement, together with the Proposal which is incorporated by in writing and signed by both parties. of Alabama without regard to its conflict ofl laws provisions. 2(d) and 7 shall survive any termination or expiration hereof. reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to the subject matter hereof, superseding all prior or contemporancous proposals, communications and understandings, oral or written. 3 Exhibit2 2 IN WITNESS WHEREOF the parties hereto have executed this Agreement as oft the date first set forth above. KEET CONSULTING: SERVICES, LLC t Byl L.Ethan Southem,Owner DALE COUNTY,AL she Mbn By Dale County Chairman, Steve McKinnon 4 Exhibit3 Dale County Road and Bridge 202 S. Hwy 123, Suite A Ozark, Alabama 36360 Telephone (334).774-5875 Fax (334)774-6899 Derek S. Brewer, P.E. County Engineer Drew Meacham, P.E. Assistant Engineer MEMORANDUM Date: To: From: Subject: July 12, 2022 Dale County Commission Derek S. Brewer County Engineer County Road 344 Improvements DCP 23-04-22 Dale County Road and Bridge is requesting permission to contract with Wiregrass Construction Company, Inc. for the leveling of County Road 344 (East side of County Road 20), approximately 1.7 miles for under $50,000 per the Public Works Agreement Law. Exhibit4 Dale County Road and Bridgre 202 S. Hwy 123, Suite A Ozark, Alabama 36360 Telephone (334) 774-5875 Fax (334)774-6899 Derek S. Brewer, P.E. County Engineer Drew Meacham, P.E. Assistant Engineer MEMORANDUM Date: To: From: Subject: July 12,2 2022 Dale County Commission Derek S. Brewer County Engineer Surplus Equipment (to be sold on govdeals.com) Asset No: Description Model/Serial Number HGR7-3K/D11S710 HGR7-3K/D146668 2402 Champion Air Compressor w/ Kohler Engine 2420 Champion Air Compressor w/ Kohler Engine Commission Approved: Date Exhibit5 Dale County Road and Bridge 202S. Hwy 123, Suite A Ozark, Alabama 36360 Telephone (334) 774-5875 Fax (334)774-6899 Derek S. Brewer, P.E. County Engineer Drew Meacham, P.E. Assistant Engineer MEMORANDUM Date: July 12,2022 To: Dale County Commission From: Derek Brewer County Engineer Re: Project No.: ST-023-888-009 Patching, widening, spot leveling, resurfacing, striping on CR-20 from CR-18 to CR-59 After a careful review of the bids, it is the recommendation of the Dale County Engineering Department to award the County Road 20 resurfacing project to the lowest responsive and responsible bidder: Wiregrass Construction Company, Inc. PO Box 48 Ariton, AL 36311 Exhibit 5 6/28/2022 2022 Bid on County Road 20 Project ST-023-888-009 Company Bid Amount $779,939.25 $696,313.24 Midsouth Paving, Inc. Wiregrass Construction, Inc. Exhibit C 6 AGREEMENT TERMS FOR INMATE COMMUNICATION SERVICES Dale County Commission INTRODUCTION INMATE COMMUNICATION SERVICES AGREEMENT Inmate Calling Solutions, LLC d/b/a/ICSolutions, with its principal place of business located at 220 Danbury Street, San Antonio, TX 78217 (hereinafter "Vendor") and the Dale County Commission, with its principal place of business at 202 Highway 123 South, Suite C, Ozark, Alabama 36360 (hereinafter "Customer") hereby agrees to execute this Inmate Communication: Services Agreement ("Agreement"), effective August 1, 2022 ("Effective Date"). 1. AGREEMENT 1.1. Pursuant to Request for Proposal #2021-09-07 ("RFP"), Customer hereby awards this Agreement to Vendor and provides Vendor the exclusive right and privilege to install and operate all inmate communication: services (Inmate Telephone Services and Video Visitation Services) and related equipment at Customer's facility ("Facility"). Attachment 1 - Mandatory Requirements of the RFP is hereby incorporated into the Agreement and attached hereto as Attachment 1 Mandatory Requirements. Details surrounding Customer's Facility and required equipment is found in Attachment 1, Section H (Facility 1.2. Vendor shall provide a turn-key inmate telephone system (ITS) which shall include inmate telephones and audio recording of visitation sessions. Vendor: shall, at no cost to Customer, provide all wiring for the inmate and visitation telephones, install the inmate andy visitation telephones and the related hardware and software specifically identified herein, to enable inmates at the Facility to make free, collect/direct bill, pre-paid and/or debit local, long distance and international calls and conduct visitation sessions from the Facility pursuant to Specifications). the terms set forth herein. 1.3. Vendor shall provide ai turnkey video visitation solution (VVS) which shall include, without limitation, automated scheduling software, and completion of video visitation sessions. Vendor shall install and operate all video visitation stations and related equipment. Vendor shall, without costt to Customer, provide all wiring fort the video visitation stations, install the video visitation stations and related hardware and software specifically identified herein, to enable visitors/end-users to schedule and complete video visitation sessions with inmates from the Facility. 2. TERM 2.1. This Agreement shall commence upon the Effective Date above and remain in force for an initial term of 3 years with an expiration date of July 31, 2025 ("Initial Term"). This Agreement shall not bind, nor purport to bind, Customer for any contractual commitment in excess of the Initial Term. This Agreement will not automatically renew. Page1of12 Exhibit 6 3. VENDOR RESPONSIBILITIES 3.1. Vendor shall agree to all terms and conditions setf forthi int this Agreement, and' Vendor shall agree to the specifications, including, but not limited to, the features and functionalities of ITS and VVS listed in Attachment 1-1 Mandatory Requirements. IfCustomer designates an agent to act on Customer's behalf ("Designated Agent"), Vendor shall follow Customer's direction in working with such Designated Agent. NEGOTIATEDTERMS 4. MINIMUM ANNUAL GUARANTEE 4.1. Vendor shall pay Customer al Minimum Annual Guarantee (MAG) ini the amount of $25,000 for each year under this Agreement. Ifthe total revenue share paid to Customer for Gross Revenues from August 1:through. July 30th ofeachy year of the Agreement, and any renewal terms, are less than the MAG, the difference shall be due to Customer or its Designated Agent on or before August 30th ofe each year. 5. UPFRONT SUPPLEMENTAL PAYMENT 5.1. Vendor shall pay Customer an upfront supplemental payment in the amount of $5,000 within! 5 days of the date the Agreement is executed by both parties. 6. REVENUE SHARE, PAYMENT AND REPORTING 6.1. Pursuant to Vendor's Proposal to RFP #2021-09-07, 7.1. Vendor shall pay Customer 70% revenue share on Gross Revenue generated by inmate telephones and the completion of inbound voicemail messages generated by and through the ITS. ITS Gross Revenue is defined in Attachment 1, Section I (RATES, FEES AND REVENUE SHARE), Subsection 1 (ITS RATES, 6.2. Pursuant to Vendor's Proposal to RFP #2021-09-07, 7.2. Vendor shall pay Customer 50% revenue: shared on VVS Gross Revenue generated byt the completion of scheduled remote video visitation sessions generated by and through the VVS as defined in Attachment 1, Sectionl (RATES, FEES AND REVENUE SHARE), Subsection 2 (WVS RATES, FEES ANDI REVENUE SHARE). 6.3. Customer reserves the right to recoup from Vendor certain administrative and operational expenses ("Cost Recoupment Payment") in connection with the provision of inmate communication: services. Such Cost Recoupment Payment may take the formofaper-minute rate, flat monthly payment, or other fee structure. The Cost Recoupment Payment shall be due and payable upon receipt of thei invoice by Vendor. Customer may accompany the Cost Recoupment Payment invoice with a supporting report documenting the administrative and operational expenses incurred by Customer in association with inmate communication services covered by the Cost Recoupment Payment. Customer does not require a Cost Recoupment Payment upon execution of the Agreement. In the event Customer wishes to utilize its option to implement the Cost Recoupment Payment, then, at Customer's request, Customer and Vendor shall negotiate in good faith an amendment to the Agreement reasonably acceptable to Customer to document Customer-imposed Cost Recoupment Payment. If Vendor and Customer are unable to mutually agree on such an agreement amendment within 30 days of Customer's request, then Customer may terminate the Agreement at its sole discretion and without penalty or liability to Customer, and Customer FEES ANDI REVENUE SHARE). may select another provider. Page2of12 Exhibit 6 7. RATESANDI FEES 7.1. Unless specifically stated otherwise, both parties herein mutually agree upon the rates and fees for inmate telephone calls and video visitation sessions as detailed in Attachment 1, Section/(Rates, Fees and Revenue Share). 8. ADDITIONAL TECHNOLOGY 8.1. Vendor shall supply the following additional technologies that shall have all of the features and requirements as specified Attachment 1, Section E (ITS Requirements): 8.1.1. 8.1.2. Voice biometrics and data analytics; and Inbound Voicemail. 8.2. Vendor shall supply the following additional services and/or technologies, to be available on thei inmate VVSH kiosks with thei initial implementation, includingalfeaturesandrequirements as specified Attachment 1, Section F( (VVS Requirements): 8.2.1. 8.2.2. Electronic messaging via WS stations; and. Electronic submission of requests and grievances via WVS stations. 8.3. Vendor shall supply the following additional technologies that shall have all of the features and requirements as specified Attachment 1, Section G (Additional Technology): 8.3.1. Lobby kiosk. 9. RECONCILIATION 9.1. Customer, or its Designated Agent, shall have the right from the Effective Date of this Agreement and for a period of 2 years after the termination date oft this Agreement, upon 10 business days' written notice, to fully reconcile or examine any and all of Customer information pertaining to this Agreement. Customer retains the right to have another independent Agency of Customer's exclusive choice, perform any or all reconciliations and 9.2. Vendor shall maintain accurate, complete and reconcilable records, in an electronic format, detailing the Gross Revenues from which revenue. share payments can be determined for both the ITS and VVS. The records shall include all CDRS, direct-bill billing files and associated invoices, debit purchase or usage reports and associated invoices and commissioning reports during the term of this Agreement and for no less than 2 years after the term of this 9.3. Vendor shall pay resolved and agreed upon amounts due plus, in the event the foregoing reconciliation reveals an amount due Customer at least 5% above the amount otherwise paid for the period reconciled, Customer's reasonable cost of reconciliation, all within 30 days of the resolution date. If the agreed upon amounts are not paid within 30 days, the amounts due to Customer will accrue interest at the rate of 1.5% per month, or the highest rate examinations pertaining to this Agreement. Agreement. permitted byl law (whicheveri is less) until such monies are paid. 10. ASSIGNMENT AND MERGERS/ACQUISTION 10.1. The services to be performed under the Agreement shall not be assigned, sublet, or transferred without 30-days advance written notification to Customer and then only upon Vendor'sreceipt of Customer'swritten consent. Page3of12 Exhibit 6 10.2. Upon receipt of Customer's written consent, any such purchaser, assignee, successor, or delegate shallt thereupon assume: allr remdirpmaiasanen. However, Customer may assign any and/or all of its rights and obligations hereunder without Vendor's written consent but upon Customer'swritten: notice thereof to Vendor (i) to any affiliate; (ii) pursuant to any sale or transfer of all or substantially all of its business or assets; (ii) pursuant to any merger, acquisition, or reorganization; or (iv) as part of a bona fide pledge to a third-party 10.3. If during the Agreement term and any renewal term(s), Vendor merges or is acquired by 10.3.1. Corporate resolutions prepared by Vendor and the new entity ratifying lending institution of collateral of the assignor's rights hereunder. another entity, the following documents must be submitted to Customer. 10.3.2. New Federal Identification Number (FEIN) ifapplicable; and, 10.3.3. Other documentation requested by Customer. acceptance of all of the Agreement and its terms, conditions and processes. 10.4. Vendor expressly understands and agrees that it assumes andi is solely responsible for all legal and financial responsibilities related to the execution of a subcontract. Vendor agrees that utilization of a subcontractor to provide any of the products/services in the Agreement shall in no way relieve) Vendor of the responsibilityt for providingt the products/services as described and set forth herein. 11. TERMINATION/DEFAUIT 11.1. Int the event Vendor fails to perform anyt terms or conditions of the Agreement, Customer may consider Vendor in default of the Agreement and supply Vendor written notice of such default. Ini the event said default isi notr remedied to the satisfaction and approval of Customer within 30 calendar days of receipt of such notice, Customer may terminate the Agreement. Upon termination, Vendor shall adhere to the transition requirements as outlined in 11.2. The Agreement between Customer and' Vendor may be terminated by Customer upon 90- days written notice from Customer to Vendor without penalty. Upon termination, Vendor shall adhere to the transition requirements as outlined in Attachment 1, Section D (General Installation Requirements). In the event that Customer terminates the contract for convenience prior to completion of the base contract term, then Customer shall reimburse Vendor for a pro-rata portion of the video visitation system's cost for each month that would 11.3. Shouldamaterial. change int the rules or policies of the FCCorother regulatory! body applicable to inmate communication services occur following the execution of this Agreement, which change affects (1) the rates permitted to be charged by Vendor to inmates under the Agreement; (i) the right of Customer to recover its costs; or (ii) the ability for Vendor to pay to Customer the revenue share, fees (including but not limited to the cost recoupment payment) or other cost recovery mechanisms, then, at either party's request, Vendor and Customerwill negotiate in good faitha ana amendment tot the Agreementreasonably acceptable to both parties while remaining compliant with the change in the FCC's (or other regulatory body's) rules or policies. If Vendor and Customer are unable to mutually agree on such an amendment within 30 days of the request, then either party may terminate the Agreement at its sole discretion and without penalty or liability to the other party, and Customer may Attachment 1, Section D (General Installation Requirements). have otherwise remained ini thet full 3-year term. select another inmate communication services provider. Page4of12 Exhibit 6 INDEMNIFICATION 11.4. Vendor shall defend, indemnify, and hold Customer and its affiliates, agents, employees, officers, directors, and successors harmless from loss, cost, expenses, damages or liability (including reasonable attorney's fees and court costs) resultingf from actions, causes ofa action orc claims brought or threatened under the Agreement, for (i)a anya actual ora alleged negligence or dishonesty of, or any actual or alleged act of commission or omission by, Vendor or any of its employees, agents or subcontractors in providing the equipment and services hereunder; (i)t the operation of Vendor's business or thei inmate communication services; (iii) any breach by Vendor of its obligations hereunder; or (iv) any alleged patent, copyright or trademark infringement or unauthorized use of trade secrets or other proprietary rights in connection with thei inmate communication: services, except where such claims, demands or liabilities are 11.5. Customer agrees to provide Vendor with reasonable and timely notice of any claim, demand, or cause of action made or brought against Customer arising out of or related to the services rendered by Vendor shall have the right to defend any such claim ati its sole cost ande expense and with its exclusive discretion. Customer will promptly advise Vendor of any proposed agreement to compromise or settle any claim and Vendor will have 10 days to respond to 11.6. In the event any infringement claim is made or threatened against Customer, or injunctive reliefi is granted to a claimant, Vendor shall ati its sole cost and expense (i) obtain the right for Customert to continue use of the services; (i) substitute other services ofl like capability, or (ii) replace or modify the services to render them non-infringing while retaining like capability. In the event Vendor is unable to perform any of the above, Customer may terminate this Agreement upon providing 60 days written notice to Vendor and Vendor shall be responsible fora all of Customer's costs and expenses of whatever nature or kind in connection therewith. 11.7. These indemnities and remedies shall survive the expiration or other termination of the due to the negligence of Customer, its agents or employees. such proposal. Agreement. 12. INSURANCE 12.1. During the period of the Agreement, Vendor at its own expense agrees to carry and maintain the following minimum insurance policy of public liability and property damage issued by a casualty company authorized to do business in the State of Alabama and in a standard form approved by the Board of Insurance Commissioners in the State of Alabama. The insurance company should have a Best Rating of no less than A. Coverage provisions should insure Customer from any loss or damage that may arise to any person or property as aresult of the services rendered by Vendor subject to insurance policy terms and conditions. 12.2. Vendor shall provide Customer with 30 days advance written notice of cancellation or 12.3. Annual renewals for the term of this policy should be submitted prior to the expiration date 12.4. Vendor shall provide Customer a Certificate of Insurance, on an original ACORD certificate, evidencing required coverage described below, within 10 days after receipt of notice of award. Said certificate shall show Customer as an additional insured and shall include a material changes ins said insurance. of any policy. waiver of subrogation. Page5of12 Exhibit 6 Automobile Liability General Liability Bodily Injury - Each Person Bodily Injury- - Each Accident Bodily Injury or Death - Each Person Property Damage - Per Incident (Resulting in Injury/Destruction of Property) $250,000.00 $500,000.00 $1,000,000.00 $500,000.00 $1,000,000.00 Statutory Excess Liability Umbrella Form Worker's Compensation 12.5. Customer agrees to provide Vendor with reasonable and timely notice on any claim, demand or cause of action made by or brought against Customer arising out of the service provided by Vendor. Vendor shall have the right to defend any: such claim at its sole cost and expense 12.6. Fora any person or contractor with whom' Vendor enters into a contract to provide the services and with its exclusive discretion. defined ini this Agreement, Vendor must: 12.6.1. Provide a certificate of coverage, for all persons providing the services defined in this Agreement. Coverage shall be based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets showing extension of coverage if the coverage period shown on Vendor current certificate of coverage ends during the duration of the project. the statutory requirements of Alabama Labor Code. 12.6.2. Provide a new certificate, prior to the end of the coverage period, of coverage 12.6.3. Retain all required certificates of coverage for the duration of the project and for 12.6.4. Notify Customer in writing, within 10 business days after Vendor knew or should 2 years thereafter; and have known, of any change that materially affects the provision of coverage of any person providing services on the project. 13. DISCREPANCY 13.1. Should a discrepancy or conflict among the specific provisions of this Agreement and its attachments, RFP #2021-09-07 and its attachments, and' Vendor's Proposal, the discrepancy 13.1.1. The specific provisions of the Agreement Terms (and its attachments) will prevail 13.1.2. The RFP and its attachments will prevail over) Vendor's Proposal. or conflict shalll be resolved as follows. over the RFP: and its attachments. 13.2. Exceptions or objections to specific RFP provisions in Vendor's Proposal that have not been explicitly accepted by Customer in writing shall not bei included in this Agreement and shall be given no weight or consideration. Page6of12 Exhibit 6 14. SUBCONTRACTS 14.1. Any subcontracts for the products/services described herein shall include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by' Vendor and Customer and to ensure that Customer is indemnified, saved and held harmless from and against any and all claims of damage, loss and cost (including attorney fees) of any kind related to a subcontractor int those matters described in 14.2. Vendore expressly understands and agrees that it assumes andi is solely responsible for all legal and financial responsibilities related to the execution of a subcontract. Vendor agrees that utilization of a subcontractor to provide any oft the products/services ini this Agreement shall in no way relieve Vendor ofther responsibilityi for providing the products/services as described and set forth herein. Vendor shall identify any subcontractors used to provide services under 14.3. In the event of unsatisfactory performance, as determined by Customer, Customer may request to substitution of a subcontractor utilized by Vendor to fulfill the obligations under this Agreement. this Agreement. this Agreement. 15. FORCE MAJEURE 15.1. Neither party shall be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such asacts ofGod, acts ofo civil ormilitaryauthoritly,: govermentreguations, embargoes, epidemics,war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanicaction, olhermaprenwtonmental. disturbances, or unusual weather conditions. 16. NOTICE 16.1. Any notice required byt this Agreement shall bes supplied inv writing in electronic format and/or delivered in person or by registered or certified mail addressed to the party's address listed below. Notice shall be presumed to have been received 5 business days after it is deposited inal U.S. Postal Service depository. FOR CUSTOMER: Dale County Commission Attn: Cheryl Ganey 202 Highway 123 South, Suite C Ozark, AL 36360 FOR VENDOR: Inmate Calling Solutions, LLC Attn: Chris Markham 2200 Danbury! Street San Antonio, TX: 78217 17. ADDITIONAL REQUIREMENTS. AND: SPECIFICATIONS 17.1. Vendor shall provide any and all notices as may be required under the Drug-Free Workplace Act of 1998, 28 CFR Part 67, Subpart F, and any applicable Alabama state laws, to the employees and all subcontractors to ensure the Facility maintains a drug free workplace. Customer reserves the right to review drug testing results of Vendor's personnel assigned to work at the Facility. Customer may require, at Vendor's expense, drug testing of Vendor's personnel if no drug testing records exist or ifs such test results are older than 61 months. Page7of12 Exhibit 6 17.2. Vendor does not and shall not during the performance of this Agreement knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of1 1986. 17.3. Vendor shall comply with Alabama State Law Act No. 2011-535. 18. MISCELLANEOUS TERMS 18.1. Independent Vendor Nothing in this RFP is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship or any other relationship allowing Customer to exercise control over the manner or method by which Vendor or its subcontractor perform under the Agreement. 18.2. Interpretation This Agreement shall be interpreted under, and governed by, the Laws of the State of Alabama. The parties hereto agree that any action relating to this Agreement shall be Ifany part oft this Agreement is contrary to any Federal, State or Local law, iti is not applicable and such invalidity shall not affect the other provisions or appliçations of this Agreement which can be given effect without the invalid provision or applications. To that end, the provisions of this Agreement are declared to be severable. If any provision hereof is held invalid by a Court of competent jurisdiction that provision shall be automatically deleted, and instituted in a Federal Court in Dale County, Alabama. 18.3. Severability allr remaining provisions shall remain ini full force and effect." 18.4. Entirety, Waiver, and Modification This Agreement, together with any attachments, represents the entire understanding between Customer and Vendor (collectively "Parties") with respect to the subject matter hereof and supersedes all prior communications, agreements and understandings relating thereto. Only a written instrument executed by the Party waiving compliance may waive or modify the terms of this Agreement. The failure of either Party at any time to require performance of any provision hereof shall in no manner affect the right at a later date to enforce the same. No waiver by either Party of any term of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be a further or continuing waiver of such term or of any other term of this Agreement. 18.5. Confidentiality 18.5.1. The Parties hereto shall keep confidential any and all information which either Party states to be confidential or proprietary and so advises the other Party or labels thei information as such( ("Confidential Information"). Suchi information shall remain the property of the Party owning such information and, when in tangible form shall be returned to the respective party or otherwise disposed of as directed by the appropriate Party. Any violation of this provision by either Party shall be actionable. However, notwithstanding the foregoing, neither Party shall be under any obligation to maintain in confidence any portion of the information it has received which (i)i is now, or which becomes hereafter through no act or failure to act on the part of the receiving Party, generally known or available to the public; (i) is already known by the receiving Party at the time of the disclosure of such information and was not under any obligations of confidence; (ii) is hereafter furnished to the receiving Party! by a source other than the owner, provided such source is not known by the receiving Party to be prohibited from disclosing such information by a contractual, legal or fiduciary obligation; (iv) has been Page8of12 Exhibit 6 independently developed byt thereceiving Patywitoutbeneltothe: confidential or proprietary information of the other; or, (v) is required to be disclosed by any applicable law or regulation or by order of any governing body or court of competent jurisdiction; provided however, that the Party being required to disclose the confidential or proprietary information of the other must promptly notify the owner of same of the demand for such disclosure and such disclosure to a government entity pursuant to law, order or regulation shall not provide a basis for any additional disclosure of such information by either Party. 18.5.2. Each Party including its agents and representatives shall: () follow reasonable procedures to protect and maintain the confidentiality of the Confidential Information; (ii) not disclose, or allow to be disclosed, the Confidential Information to any party other than to its employees, contractors, officers, or directors who have a need to know in order to perform the services contemplated under this Agreement, and are under the same binding obligation of confidentiality provided herein with respect to any such information; (ii) not use the Confidential Information for any purpose other thani to perform under this Agreement; and, (iv) treat all Confidential Information of the other Party with the same degree of care to avoid disclosure to third parties as it uses with respect to the recipient Party's own Confidential Information, but not less than a reasonable degree ofcare. 18.6. Dispute Resolution The parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between senior executives of the parties who have authority to settle the same. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach aj just and equitable solution satisfactory to both parties. Disputes or controversies related to this Agreement not resolved through negotiation within a period of 60 days shall be governed by and interpreted in accordance with the laws of Alabama without regard to its conflicts of law provisions. In the event of litigation relating to this Agreement, the parties agree to submit said dispute to the jurisdiction of Alabama courts. 18.7. Limitation of Liability. In no évent shall either party be liable hereunder for loss of profits, loss of goodwill, consequential or punitive damages of any kind regardless of the form or theory of any claim and irrespective of whether such party has been advised of the possibility of such damages. Itis expressly understood that Customer is not responsible in any way, manner, or form for any of Vendor's costs, including but not limited to, taxes (including sales tax), shipping charges, network charges, insurance, interest, penalties, attorney fees, liquidated damages, licenses, fees, tariffs, or other costs related to any and all Vendor's services. Vendor agrees that it is entirely responsible for calculating, collecting and remitting all fees and taxes, including sales tax where applicable, on all services and items provided to the inmates. Including, but not limited to, any and all taxes as applicable for the inmate communication servicessuch: as collect/direct bill, debit, pre-paid and any other calls, videovstationsesions 18.8. Vendor Costs and Taxes and Fees on Services and' Tablet applications and transactions. 19. LIQUIDATED DAMAGES 19.1. Vendor's failure to meet Agreement requirements both correctly and on time may result in substantial injury to Customer; the amount of damages resulting from such failure may not always be quantified with certainty. Each failure to meet ar requirement, both correctly and Page9of12 Exhibit6 6 on time, may be subject to fines and liquidated damages as outlined herein. Any enforced fines/liquidated damages will be invoiced by Customer to Vendor. Payments due Customer for the invoiced amount(s) shall be due within 30 days of Vendor'sreceipt of the invoice. LIQUIDATED DAMAGES Description Amount AIII Inmate Communication: Services $350.00 per day from the date the Any charges/fees addedt to the called partysblloraccount additional charges/fees were first or inmate without the express written consent of added through the date the Customer. Any changestothefes/hargesappledtoend. charges/fees were discontinued. express written approval of Customer. Vendor must issue $5.00 per kiosk deposit transaction refunds to all overcharged end-users within 5 business with unauthorized fees/charges days; a list of the issued credits must be provided to applied to end-user's bill plus refund of Customer as documentation. Vendor shall issue refunds the overcharged amount to end-user's for overcharges on cash deposits by crediting the amount credit/debit card or to inmate's of the overcharge to the inmate account for which the account for cash deposits. user's bill for deposits on the Lobby Kiosks without the deposit was made. All Inmate Communication Services $2.00 per completed, unauthorized Unauthorized free calls, free video visitation sessions or free call, video visitation session or other authorized paid transactions completed by Vendor other transaction. Revenue share payments, ITS traffic detail reports, CDRS, amount due. WSdetail reports, Kioskstransaction detail reports and/or without charge. All Inmate Communication: Services 5% per month of the revenue share all other reports not containing the required fields, $750.00 per month for each report not received by Customer after the date specified in received by the due date specified or Attachment 1, Section A (General Conditions). If the for each report that does not contain revenue share payment is late, reporting is late and/or all of the fields and information reports do not contain all required fields, late identified in Attachment 1, Section A charges/interest for all three shall apply. Revenue share (General Conditions). Customer's reasonable satisfaction, within 30 days of $100.00 per day for any daily CDR receipt of notification of a discrepancy from Customer reports not submitted by Vendor, for and/or its Designated Agent or such discrepancyissi subject each day where the CDR report does to late charges, as described and/or termination of this not contain all of the fields and Agreement at the sole discretion of Customer and/or any information identified in Attachment Any changes to the rates/fees for ITS, WVS, electronic visitation session, electronic message messaging or touchscreen payment kiosks fees without or touchscreen which was the express written approval of Customer, may make rated/charged using the unauthorized payment discrepancies must ber resolved by Vendor and to legal course of action Customer elects to pursue. All Inmate Communication Services 1,Section A General Conditions). $2.00 per completed call, video Vendor liable for liquidated damages. Vendor must issue rates(s). refunds to all overcharged end-users or inmates within 5 business days; al list of thei issued credits must be provided to Customer as documentation. Customer will noti issue a refund of revenue-share for unapproved rate increases. Page 10of12 Exhibit 6 LIQUIDATED DAMAGES (Continued) Description Amount AII Inmate Communication Services $500.00 per day for each day the bill Any bill types, transactions or applications implemented or type, transaction or applications is removed regarding the processing and/or completion of implemented or removed. inmate telephone calls, video visitation sessions or messaging transmission without the express written consent of Customer. All Inmate Communication Services $500.00 per day for each day the after Due to Vendor's action(s), if any installation, initial or the agreed-upon date until the additionally requested inmate communications installation is complete. equipment isnot completed within thet timeframeallowed int the agreed-upon implementation plan. AllI Inmate Communication: Services $500.00 for each day after the Cure Vendor shall be responsible for resolving any reported Period and for each reported repair or repairs, replacements or service quality issues within 10 replacement that Vendor fails to days following the date of notification ofa a service request resolve, until each reported repair or ori inmate communication service failure ("Cure Period"). replacement is resolved by' Vendor. Should Vendor fail to resolve the reported repair or replacement within the specified Cure Period, Vendor may When Customer suffers one or more lost, unrecoverable, or un-useable inmate call, video visitation session recording(s), or electronic messages. Customer agrees to notify) Vendor of such instances and provide up to 7 days per instance for Vendor to produce the call recordings. AlI Inmate Communication Services Vendor shall adhere to Customer's performance process when upgrading each inmate communications service, software, equipment, or performing any changes to the inmate communications that affect the scope under this Agreement. Any deviation from the process may result in liquidated damages incurred by Vendor. All Inmate Communication Services Vendor shall adhere to Attachment 1, Section D (General Installation Requirements) when transferring attorney telephone numbers from the incumbent's system to Vendor's system. Calls to attorney telephone numbers shall not be recorded. Should an attorney call be recorded due to Vendor's failure to properlytransfer: and format the inmate numbers or Vendor enters the attorney number without formatting the number as privileged or do not record, may result in liquidated damages incurred by be liable for liquidated damages. AlII Inmate Communication: Services $1,000.00 per occurrence. $500.00 per occurrence. $1,000.00 per occurrence Vendor. Page 11of12 Exhibit 6 In Witness Whereof, the Parties have set their hands as ont the day andy year written below, acting through their authorized representatives. Dale County Commission fh - Z Authorized Signature Inmate Calling Solutions, LLC Authorized Signature She Mta Typed or Printed Name Phaisotal Typed or Printed Name Title Title A71222 Date Date Page 12of12 ATTACHMENT 1- MANDATORY REQUIREMENTS SECTIONI- RATES, FEES AND REVENUE SHARE SUBSECTION1 - ITS RATES, FEES AND REVENUE SHARE Exhibit 6 ITS REQUIRED CALLING RATES Avg Cost/Call: 15 Minutes Category Per Minute Rate Local Collect/Direct Bill Pre-Paid Collect Pre-Paid Card/Debit Collect/Direct Bill Pre-Paid Collect Pre-Paid Card/Debit Collect/Direct Bill Pre-Paid Collect Pre-Paid Card/Debit Collect/Direct Bill Pre-Paid Collect Pre-Paid Card/Debit Collect/Direct Bill Pre-Paid Collect Pre-Paid Card/Debit Inbound $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 0.25 $ 0.21 $ 0.21 $ 0.25 $ 0.21 $ 0.21 $ 0.25 $ 0.21 $ 0.21 $ 0.25 $ 0.21 $ 0.21 $ 0.24 $ 0.24 $ 0.24 $ 3.75 3.15 3.15 3.75 3.15 3.15 3.75 3.15 3.15 3.75 3.15 3.15 3.60 3.60 3.60 Intralata/Intrastate Interlata/Intrastate Interlata/Interstate and Domestic International International"* Voice Mail 1.00 Up to 60 seconds *The FCC is limiting the maximum per minute rate for all international calls to the interstate rate cap whilel allowing Vendor to apply additional costs to the calling rate that are deemed recoverable costs. Each quarter Vendor can adjust the recoverable cost to reflect any changes based off the average international destinations being called during that time period. ITS PRE-PAID FUNDING FEES Fee Type Amount Frequency Per Transaction Per Transaction Per Transaction N/A N/A Frequency Monthly Annually Collect Billing Fee Pre-Paid Collect Funding Fee VR/Automated Live Representative Third Party Western Union Third Party Money Gram Third Party (Insert Name) Not Allowed 3.00 5.95 5.50 $ $ $ N/A N/A Amount ITS REVENUE SHARE Category Revenue Share (%) ITS Minimum Annual Guarantee 70% $25,000.00 Page1 1of2 ATTACHMENT 1-MANDATORY REQUIREMENTS SECTIONI- RATES, FEES AND REVENUE SHARE SUBSECTION 2 -VVS RATES, FEES AND REVENUE SHARE Exhibit6 Supplemental Payment $5,000.00 One Time Cost/Visit REQUIRED VVSRATES Per Minute Rate Category Remote Video Visitation (30-Minute Visit) Inmate-initiated Video Visitation Onsite Video Visitation Other VVS Fees $0.25 $ $0.25 $ Free Not Allowed Amount 50% 7.50 7.50 VVS REVENUE SHARE Category VVS Revenue Share (%) SUBSECTION 3 - ADDITIONAL TECHNOLOGY RATES, FEES AND REVENUE SHARE Technology Category Rates/Fees No Cost to Customer or Inmate No Cost to Customer or Inmate Rates/Fees $0.25Per Message or Photo Rates/Fees $4.00 Per Transaction $4.95 Per Transaction Frequency N/A N/A Revenue Share 25% Frequency Cash (Kiosk Deposit) Credit Card (Kiosk Deposit) Voice Biometrics & Data Analytics Electronic Inmate Requests/Grievances Electronic Messages (via VVS Kiosks): Electronic Messages (via VVS Kiosks) Lobby Deposit/Payment Kiosks: $0.01 to $300.00 $0.01t to $19.99 Page2of2