HomeMy WebLinkAbout20111119 "SECURUS • •
1N° o l s SECOND AMENDMENT TO
MASTER SERVICE AGREEMENT
This SECOND AMENDMENT("Second Amendment")is effective as of the last date signed by either party("Second
Amendment Effective Date")and amends and supplements the Master Services Agreement by and between Weld County,
Colorado("you"or"Customer")and Secures Technologies, Inc. (f/k/a Evercom Systems, Inc.)("we,""us,"or"Provider")with
an Effective Date of February 20,2008.
WHEREAS, Provider is the sole and exclusive provider of inmate-related communications to the Community Corrections
Center located at 1101 "H"Street,Greeley,CO 80631 (the"Community Corrections Center");
WHEREAS,the Customer desires and Provider agrees to install a Prepaid Calling Card Vending Machine("Vending
Machine")pursuant to the terms and conditions set forth below.
NOW,THEREFORE,as of the Second Amendment Effective Date and in consideration of the mutual promises and
covenants herein,the parties agree as follows;
1. TERM. This Second Amendment shall commence on the Second Amendment Effective Date and shall be
coterminous with the Agreement.
2. VENDING MACHINE. You agree to grant us the exclusive right to install a Prepaid Calling Card Vending Machine
("Vending Machine")at the Facilities described in the chart below, and we reserve the right in our sole discretion to
remove the Vending Machine(s) at any time upon 60 day prior notification to you. You agree to purchase and
dispense Prepaid Calling Cards exclusively from Provider at the discount described in the chart below. You will
furnish the necessary space,janitorial services, security, and utilities to permit the proper installation and operation
of the Vending Machine(s). We agree to install, maintain, and service the Vending Machine(s) in accordance with
industry standards and all federal, state,and local laws. At our sole expense,we will train your staff in the stocking
and operation of the Vending Machine(s), and thereafter, you will be solely responsible for keeping the Vending
Machine(s) stocked and removing any and all cash from the machine(s). Prepaid Calling Cards are not returnable
or refundable; all sales are final. Each Prepaid Calling Card will be valid for no more than six(6) months from the
date it is first used. The Cards are subject to applicable local, state, and federal taxes plus any applicable per call
surcharge fee. Provider will invoice Customer for each order of Prepaid Calling Cards. You agree to pay the
invoice within thirty (30) days, including all applicable sales taxes and other regulatory charges. You may provide
us a Sales and Use Tax Resale Certificate stating that you are responsible for charging the applicable taxes to the
end-users and for remitting the collected taxes to the proper taxing jurisdictions. If we receive a Sales and Use Tax
Resale Certificate from you, we will not charge applicable sales taxes on the invoices for Prepaid Calling Cards
purchases. You will retain all income derived from cards sold through the Vending Machine(s), and will be solely
responsible for end-user complaints and refunds. You will assume the risk of loss for the cards and will be
responsible for failure/loss rate exceeding two percent (2%) of the total order value. Customer agrees to hold
Provider harmless against loss of income or profits.
3. FACILITIES AND RELATED SPECIFICATIONS:
Facility Name and Address Discount Percentage
Weld County Community Corrections
1101 H Street 40%
Greeley, CO 80631
4. WARRANTY. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING
FROM A COURSE OF DEALING OR USAGE OF TRADE, AND NONINFRINGEMENT. Notwithstanding, we will
pass through to you any applicable manufacturer warranties,and agree to repair and maintain the vending machine
in good operating condition (ordinary wear and tear excepted), including, without limitation, furnishing all parts and
labor. All such maintenance shall be conducted in accordance with the priority level number 3 listed in the
SERVICE LEVEL AGREEMENT. An authorized representative of Customer must be present and oversee all
service and maintenance visits by the Provider. All maintenance will be provided at our sole cost and expense
unless necessitated by any misuse of,or destruction,damage,or vandalism to the vending machine by you(not the
public), in which case, we may recoup the cost of such repair and maintenance through either a Commission
deduction or direct invoicing, at our option. You agree to promptly notify us in writing after discovering any misuse
of,or destruction, damage, or vandalism to the vending machine. For a vending machine service request, you may
contact Technical Support 24 hours a day, seven days a week (except in the event of planned or emergency
outages) by telephone at 866-558-2323, by email at TechnicalSupport@securustech.net, or by facsimile at 800-
368-3168. After receipt notice of a vending machine service request, we will respond within 36 hours. In all
instances Technical Support will dispatch a field technician to the Facility (in which case the applicable regional
dispatcher will contact you with the technician's estimated time of arrival), as necessary. All of our repair and
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maintenance of the System will be done in a good and workmanlike manner at no cost to you except as may be
otherwise set forth in the Agreement. A member of our customer satisfaction team will confirm resolution.
5. CALLING RATES: Provider will charge rates that are in compliance with state and federal regulatory requirements.
International rates, if applicable,will vary by country.
All terms and conditions of the Agreement not amended by this Second Amendment remain in full force and effect
Capitalized terms not defined herein shall have the meaning set forth in the Agreement
EXECUTED as of the Second Amendment Effective Date.
CUSTOMER: PROVIDER:
Weld County, Colorado [[ Evercom Systems, Inc.
By: ,'1iLi_a__ a�� p� By: l�-teD ���-
Name: Barbara Kirkmeyer Name: Robert Pickens
Title: Chair, Board of County Commissione$6le: Chief Marketing Officer
Date: 5/9/2011 Date: Y/IZ-I it
Please return signed contract to:
14651 Dallas Parkway
Sixth Floor
Dallas,Texas 75254
Attention: Contracts Administrator
Phone: (972)277-0410
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®SECURUS Technologies,Inc.-Proprietary&Confidential-
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