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Home My WebLink About20101033.tiff r SECURUS' • • ,[rCH1nLLGIL-s FIRST AMENDMENT TO MASTER SERVICE AGREEMENT This FIRST AMENDMENT("First Amendment")is effective as of the last date signed by either party("First Amendment Effective Date")and amends and supplements the Master Services Agreement by and between Weld County, Colorado ("you" or"Customer")and Evercom Systems, Inc., a Delaware corporation and a SECURUS Technologies, Inc. company ("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 Weld County Jail located at 2110 "O" Street, Greeley, CO 80631; WHEREAS, the Customer has opened an additional Community Corrections Center located at 1101 "H" Street, Greeley, CO 80631 (the"Community Corrections Center"); WHEREAS, the Customer desires and the Provider agrees to serve as the sole and exclusive provider of inmate-related communications to the Community Corrections Center; NOW, THEREFORE, as of the First Amendment Effective Date and in consideration of the mutual promises and covenants herein,the parties agree as follows with respect to Provider's provision of inmate-related communications at the Community Corrections Center: 1. TERM. This First Amendment shall commence on the First Amendment Effective Date and shall be coterminous with the Agreement. 2. APPLICATIONS. We will provide the following Applications to the Community Corrections Center: CALL MANAGEMENT SERVICE DESCRIPTION: Secure Call Platform: Secure Call Platform ("SCP") provides, through its centralized net centric, VOIP, digital transmitted system, automatic placement of calls by inmates without the need for conventional live operator services. In addition, SCP provides the capability to (a) monitor and record inmate calls, (b) mark certain numbers as private to disable the monitoring and recording function, (c) automatically limit the duration of each call to a certain period designated by us, (d) maintain call detail records in accordance with our standard practices, (e) automatically shut the System on or off, and (f) allow free calls to the extent required by applicable law. We will be responsible for all billing and collections of inmate calling charges but may contract with third parties to perform such functions. SCP will be provided at the Facilities specified in the chart below. COMPENSATION: Collect Calls. We will pay you commission (the "Commission") in the amount of the applicable Collect Commission Percentage(as specified in the chart below)of the applicable revenue base (as specified in the chart below)that we earn through the completion of collect calls placed from the Facilities. Gross Revenues shall mean all gross billed revenues relating to completed collect calls generated by and through the Inmate Telecommunications System. Regulatory required and other items such as federal, state and local charges, taxes and fees, including transaction funding fees, credits, and billing recovery fees are excluded from revenue to the Provider. We shall remit the Commission for a calendar month to you on or before the 30th day after the end of the calendar month in which the calls were made (the "Payment Date"). All Commission payments shall be final and binding upon you unless we receive written objection within sixty (60) days after the Payment Date. Your payment address is as set forth in the signature block below. You shall notify us in writing at least sixty (60) days prior to a Payment Date of any change in your payment address. FACILITIES AND RELATED SPECIFICATIONS: Facility Name and Address Type of Call Collect Revenue Payment Address Management Commission Base for Service Percentage Calculation of Commission Community Corrections Center P.O. Box 758 Weld County SCP 50% Gross Greeley, CO 80631 1101 "H" Street Attn: Accounts Payable Greeley, CO 80631 2010-1033 Schedule-Page 1 of 7 rLr `�J�,l�7-✓> . r�7 /`O f //��/� -C�J SECURUS e n es, Inc.-Proprie' ConfidentialyjaOJ� aOlt��2`I—)�:/vJ U . CENTRALIZED NET CENTRIC,VOIP, DIGITAL TRANSMITTED CALL MANAGEMENT SYSTEM DESCRIPTION: Secure Calling Platform User Interface. We will provide you with the Software regarding the Secure Calling Platform Interface("S-Gate User Interface")which may be used only on computers and other equipment that meets or exceeds the specifications in the chart below,which we may amend from time to time("Compatible Equipment"), for a total of licensed users as specified in the attached Customer Statement of Work. Customer represents that(i) it will be responsible for distributing and assigning licenses to its end users; (ii) it will use the SCP User Interface for lawful purposes and shall not transmit, retransmit or store material in violation of any federal or state laws or regulation; and (iii)it will monitor and ensure that its licensed end users comply as directed herein. WORKSTATION REQUIREMENTS Processor Personal computer(PC)with a minimum 1 gigahertz(GHz)or processor clock speed recommended; Intel Pentium/Celeron family, or AMD K6/Athlon/Duron family, or compatible processor recommended higher Operating Windows XP System Browser Microsoft Internet Explorer 6.0 or better Memory At least 128 megabytes(MB)of RAM; 256 MB for optimum speed Drive CD-ROM or DVD drive Display Super VGA(1,024 x 768)or higher-resolution video adapter and monitor Peripherals Keyboard and Microsoft Mouse or compatible pointing device INTERNET ACCESS REQUIREMENTS DSL or Cable Data Rate: 1.5 Megbits downstream and 384Kbits upstream, minimum Modem NOTE: You are required and responsible for obtaining and installing anti-virus and firewall protection software for connectivity to and from the Internet. SERVICE LEVEL AGREEMENT We agree to repair and maintain the System 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 service levels in Items 1 through 10 below. All such maintenance shall be provided at our sole cost and expense unless necessitated by any misuse of, or destruction, damage, or vandalism to any premises equipment by you (not inmates at the Facilities), 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 said equipment. If any portion of the System is interfaced with other devices or software owned or used by you or a third party, then we shall have no obligation to repair or maintain such other devices or software.This SERVICE LEVEL AGREEMENT does not apply to any provided Openworkstation(s) (see below). For the services contemplated hereunder, we may provide, based upon the facilities requirements, two types of workstations (personal computer/desktop/laptop/terminal): The "Openworkstation" is an open non-secured workstation which permits administrative user rights for facility personnel and allows the facilities an ability to add additional third party software. Ownership of the Openworkstation is transferred to the facility along with a three-year product support plan with the hardware provider. We have no obligation to provide any technical and field support services for an Openworkstation. CUSTOMER IS SOLELY RESPONSIBLE FOR THE MAINTENANCE OF ANY OPENWORKSTATION(S)." 1. Outage Report; Technical Support. If either of the following occurs: (a) you experience a System outage or malfunction or (b) the System requires maintenance (each a "System Event"), then you will promptly report the System Event to our Technical Support Department ("Technical Support"). 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@Evercom.net, or by facsimile at 800-368-3168. We will provide you commercially reasonable notice, when practical, prior to any Technical Support outage. For your calls to Technical Support, the average monthly call answer time is generally 120 seconds or less. 2. Priority Classifications. Upon receipt of your report of a System Event, Technical Support will classify the System Event as one of the following three priority levels: "Priority 30% or more of the functionality of the System is adversely affected by the 1" System Event. "Priority 5% - 29% of the functionality of the System is adversely affected by the System 2" Event. Schedule-Page 2 of 7 ©SECURUS Technologies, Inc.-Proprietary&Confidential- "Priority 5% or less of the functionality of the System is adversely affected by the System 3" Event. Single and multiple phones related issues. 3. Response Times. After receipt notice of the System Event,we will respond to the System Event within the following time periods: Priority 1 2 hours Priority 2 24 hours Priority 3 72 hours 4. Response Process. In the event of a System Event, where the equipment is located on Customer premises, Technical Support will either initiate remote diagnosis and correction of the System Event or 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. In the event of a System Event occurs in the centralized SCP system, technical support will initiate remote diagnosis and correction of the System Event. 5. Performance of Service. All of our repair and 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. Any requested modification or upgrade to the System that is agreed upon by you and us may be subject to a charge as set forth in the Agreement and will be implemented within the time period agreed by the parties. 6. Escalation Contacts. Your account will be monitored by the applicable Territory Manager and Regional Service Manager. In addition, you may use the following escalation list if our response time exceeds 36 hours: first to the Technical Support Manager or Regional Service Manager, as applicable, then to the Director of Field Services, then to the Executive Director, Service. 7. Notice of Resolution. After receiving internal notification that a Priority 1 System Event has been resolved, a member of our management team will contact you to confirm resolution. For a Priority 2 or 3 System Event, a member of our customer satisfaction team will confirm resolution. 8. Monitoring. We will monitor our back office and validation systems 24 hours a day, seven days a week. 9. Required IGR. You are responsible for providing a dedicated isolated grounded receptacle ("IGR")for use in connection with the primary System. Upon request we will provide you with the specifications for the IGR. If you are unable to or do not provide the IGR, then we will provide the IGR on a time and materials basis at the installer's then-current billing rates, provided that we are not responsible for any delay caused by your failure to provide the IGR. 10. End-User Billing Services and Customer Care. Our Correctional Billing Services department will maintain dedicated customer service representatives to handle end-user issues such as call blocking or unblocking and setting up end-user payment accounts. The customer service representatives will be available during reasonable business hours Monday through Saturday by telephone at 800-844-6591, by email at Support@CorrectionalBillingServices.com, and by facsimile at 800-578-2627. In addition, we will maintain an automated inquiry system on a toll-free customer service phone line that will be available to end-users 24 hours a day, 7 days a week to provide basic information and handle most routine activities. We will also accept payments from end-users by credit card, check, and cash deposit(such as by money order or Western Union transfer). FIELD SERVICE TECHNICIAN We will provide one(1)dedicated field service technician to perform twenty-four(24)hours per week at Customer's facilities. DEBIT ON SCP DESCRIPTION: Debit on SCP is a secure inmate owned phone account that allows inmates to use funds from their commissary/trust accounts to make phone calls. Inmates transfer funds as required into their debit phone account to place calls. This account can be funded manually by the Facility or via an automated file transfer from the Customer's JMS or Commissary system. The Debit on SCP calling product operates using PINs, and offers an easy to use user-interface to Facilities for investigative and reporting tasks, which allows the Customer to track detailed financial reporting, as well as inmate phone usage and calling habits. Schedule-Page 3 of 7 ©SECURUS Technologies, Inc. -Proprietary&Confidential- PREPAID CALLING CARDS DESCRIPTION: Upon receipt of your written request, we will provide you with inmate prepaid calling cards for resale to inmates at the Facilities specified in the chart below. 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. If you authorize us, we will deal with your third party commissary operator ("Commissary Operator") for the sole purpose of selling prepaid calling cards to you. If that is the case, you shall notify us in writing of any change in the identity of the Commissary Operator, which change shall be effective on the date that we receive the notice. Notwithstanding anything to the contrary, you will remain primarily liable for the payment for prepaid cards sold to Commissary Operator on your behalf. TAXES: The face value of the Prepaid Calling Cards does not include any taxes or other fees. Customer agrees to pay all taxes levied by a duly constituted taxing authority against or upon the charges hereunder or on this Agreement, except, however, any taxes based on Provider's income, which taxes shall be paid by Provider. Customer agrees to provide to Provider the Customer's applicable State Sales and Use Tax Resale Certificate. Unless Provider receives a Sales and Use Tax Resale Certificate from Customer, Provider will charge Customer's appropriate and applicable taxes on the sale of the Prepaid Calling Cards. COMPENSATION: The face value of the cards less the applicable percentage specified in the chart below plus any applicable sales tax shall be due and payable within thirty (30) days after the invoice date. After such thirty (30) day period, then we reserve the right to charge interest on the overdue amount at the lower of(a)fifteen percent(15%) per annum or(b)the maximum rate allowed by law and to deduct the invoice price of the cards plus any accrued interest from any amounts we owe you until paid in full. If you authorize us in writing we will deduct amounts owed from your earned Commissions. If the amounts owed exceed the Commission for the relevant month or if, for any reason, the Agreement terminates or expires during the relevant month, then we will invoice you for the balance which shall be due within thirty (30)days after the date of the invoice. The All applicable sales taxes will be charged on the invoiced amount of the Prepaid Calling Card sale, unless customer provides us a valid reseller's certificate prior to the time of sale. FACILITIES AND RELATED SPECIFICATIONS: Facility Name and Address Discount Percentage Community Corrections Center Weld County 40% 1101 "H"Street Greeley, CO 80631 MESSAGING DESCRIPTION: The Messaging application provides a secure, password protected, 2-way communication vehicle for inmates and friends & family members, with which they can leave voice messages. The application uses the existing phone system and all voice messages can be recorded and reviewed in the same manner as the other phone services provided. The messaging service can be terminated at will for particular inmates. No additional equipment is provided with this application. COMPENSATION: A$0.75 transaction fee plus applicable taxes will be charged to the end-user for each message delivered. The Customer will receive$0.25 for each transaction fee collected by Provider. All Messaging payments shall be final and binding upon you unless we receive written objection within sixty(60)days after the signing bonus has been paid to you. 3. CALLING RATES: Provider will charge rates that are in compliance with state and federal regulatory requirements. International rates, if applicable, will vary by country. 4. EXHIBIT A: Customer Statement of Work All terms and conditions of the Agreement not amended by this Fourth Amendment remain in full force and effect. Schedule-Page 4 of 7 ©SECURUS Technologies, Inc. -Proprietary&Confidential- Capitalized terms not defined herein shall have the meaning set forth in the Agreement. EXECUTED as of the First Amendment Effective Date. CUSTOMER: PROVIDER: Weld County, Colorado Evercom Systems, Inc. By: 1 By: Name: Dougla Rademacher Name: Robert Pickens Title: Chaff r, Board of County Commissione₹itie: Chief Marketing Officer Date: MAY 1 7 2010 Date: N 44 I Please return signed contract to: 14651 Dallas Parkway Sixth Floor Dallas, Texas 75254 Attention: Contracts Administrator Phone: (972)277-0410 Schedule-Page 5 of 7 L)SECURUS Technologies.Inc. -Proprietary&Confidential- a /D /a-43 Exhibit A: Customer Statement of Work (Weld County, CO -Site ID 90174) This Customer Statement of Work is made part hereto and governed by the Master Services Agreement(the"Agreement") executed between Evercom Systems, Inc., a Delaware corporation and a SECURUS Technologies, Inc. company ("we" or 'Provider"), and Weld County, Colorado ("you" or "Customer"), as amended by the First Amendment. The terms and conditions of said Agreement are incorporated herein by reference. This Customer Statement of Work shall be coterminous with the First Amendment. A. Applications. The parties agree that the Applications listed in the First Amendment shall be provided to the Community Corrections Center located at 1101 "H" Street, Greeley, CO 80631 in accordance with the Service Level Agreements as described therein. B. Equipment. We will provide the equipment/Applicafions in connection with the SCP services needed to support the required number and type of phones and other components, up to eighteen (18)S-Gate licenses, and storage for one (1) year. Additional equipment or applications will be installed only upon mutual agreement by the parties, and may incur additional charges. EXECUTED as of the First Amendment Effective Date. CUSTOMER: PROVIDER: Weld County, Colorado Evercom Systems, Inc. By: Otn9.. w'u By: J�-✓, �� Name: Do glas ademacher Name: Robert Pickens Title: Chair, Board of Weld County Title: Chief Marketing Officer Commissioners H/1'/7J Please return signed contract to: 14651 Dallas Parkway Sixth Floor Dallas, Texas 75254 Attention: Contracts Administrator Phone: (972)277-0410 Schedule-Page 6 of 7 ©SECURUS Technologies, Inc. -Proprietary 8 Confidential- Schedule-Page 7 of 7 C�)SECURUS Technologies. Inc.-Proprietary&Confidential- Hello