Prison Phone Justice

SECURUS"~
lECHNOLOGlt=S

Master Services Agreement
OTERO COUNTY JAIL {CO)
SITE 08844

This Master Services Agreement (this "Agreemenf') is by and between the Otero County Jail ("Customer"}and Evercom
Systems, Inc., a Delaware corporation and a wholly owned subsidiary of SECURUS Technologies, Inc., ("we," "us," or
"Provider"). This Agreement supersedes any and all other agreements (oral, written, or otherwise) that may have been
made between the parties, and shall be effective as of the last date signed by a party (the "Effective Date/.
Whereas the Customer desires that Provider install an inmate telecommunication system, and provide telecommunications
and maintenance services according to the terms and conditions in this Agreement, and according to the Schedule and Work
Orders, which are incorporated by reference into this Agreement;
Whereas the Provider agrees to install the inmate telecommunications system and provide telecommunications and
maintenance services according to the terms and conditions in this Agreement, and according to the Schedule and Work
Orders, which are incorporated by reference into this Agreement;
Now therefore, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Applications. This Agreement specifies the general terms and conditions under which we will perform certain inmaterelated services and applications (the "Application(s)") for you. Additional terms and conditions with respect to the
Applications will be specified in the schedules entered into by the parties and attached hereto (the "Schedules"). The
Schedules are incorporated into this Agreement and are subject to the terms and conditions of this Agreement. In the event
of any conflict between this Agreement and a Schedule, the terms of the Schedule shall govern. In the event of any conflict
between any two Schedules for a particular Application, the latest in time shall govern.
2.
Use of Applications. You grant us the exclusive right and license to install, maintain, and derive revenue from the
Applications through our inmate systems (including, without limitation, the related hardware and software) (the "System")
located in and around the inmate confinement facilities identified on the Schedules (the "Facilities"). You are responsible for
the manner in which you use the Applications. Unless expressly permitted by a Schedule or separate written agreement with
us, you will not resell the Applications or provide access to the Applications (other than as expressly provided in a particular
Schedule), directly or indirectly, to third parties. During the term of this Agreement .and subject to the remaining tenns and
conditions of this Agreement, Provider shall be the sole and exclusive provider of inmate related communications, including
but not limited to voice, video and data (phone calls, video calls, messaging, prepaid calling cards, and e-mail) at the
Facilities in lieu of any other third party providing such inmate communications, including without limitation, Customer's
employees, agents or subcontractors.
3. Compensation. Compensation for each Application, if any, and the applicable payment addresses are as stated in the
Schedules.
4. Term. The obligations of the parties under this Agreement are effective as of the Effective Date but the "Term" of this
Agreement shall commence sixty (60} days thereafter [to allow for a reasonable installation period] and will continue for four
(4) years thereafter. Unless one party delivers to the other written notice of non-renewal at least ninety (90) days prior to the
end of the then current term, this Agreement shall automatically renew for a successive period of four (4) years.
Notwithstanding anything to the contrary, the terms and conditions of this Agreement shall continue to apply to each
Schedule for so long as we continue to provide the Application to you after the expiration or ear1ier termination of this
Agreement.
5. Service Level Agreement and Limited Remedy. We are committed to providing you with reliable, high quality
Applications, and we offer certain assurances about the quality of our Applications (the "Service Level Agreement"). The
Service Level Agreement for each Application is as set forth in the applicable Schedule. THE SERVICE LEVEL
AGREEMENT SETS FORTH THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OR DEFECT OF AN
APPLICATION. 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.
6. Software License. We grant you a personal, non-exclusive, non-transferable license (without the right to sublicense) to
access and use certain proprietary computer software products and materials in connection with the Applications (the
"Software"). The Software includes any upgrades, modifications, updates, and additions to existing features that we
implement in our discretion (the "Updates"). Updates do not include additional features and significant enhancements to
existing features. You are the license holder of any third-party software products we obtain on your behalf. You authorize us
to provide or preinstaH the third-party software and agree that we may agree to the third party End User License Agreements
on your behalf. Your rights to use any third-party software product that we provide shall be limited by the terms of the
underlying license that we obtained for such product. The Software is to be used solely for your internal business purposes
in connection with the Applications at the Facilities. You will not (i) pennit any parent, subsidiary, affiliated entity, or third
party to use the Software, (ii) assign, sublicense, lease, encumber, or otherwise transfer or attempt to transfer the Software
or any portion thereof, (iii) process or permit to be processed any data of any other party with the Software, (iv) alter,
maintain, enhance, disassemble, decompile, reverse engineer or otherwise modify the Software or allow any third party to do
so, (v) connect the Software to any products that we did not furnish or approve in writing, or (vi) ship, transfer, or export the
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Master Services Agreement - Page 1 of 8
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Software into any country, or use the Software in any manner prohibited by the export laws of the United States. We are not
liable with regard to any Software that you use in a prohibited manner.
7. Ownership and Use. The System, the Applications, and related records, data, and information shall at all times remain
our sole and exclusive property unless prohibited by law, in which event, we shall have the unlimited right to use such
records, data, and information for investigative and law enforcement purposes. However, during the term of this Agreement
and for a reasonable penoo Of time thereafter, we Will provide you with rea5oiiable access to the records~ we (Or our
licensors, if any) have and will retain all right, title, interest, and ownership in and to (i) the Software and any copies, custom
versions, modifications, or updates of the Software, (ii) all related documentation, and (iii) any trade secrets, know-how,
methodologies, and processes related to our Applications, the System, and our other products and services (the "Materials").
The Materials constitute proprietary information and trade secrets of Provider and its licensors, whether or not any portion
thereof is or may be the subject of a valid copyright or patent.
8. Legality/Limited License Agreement. For services related to Applications which may allow you to monitor and record
inmate or other administrative telephone calls, or transmit or receive inmate electronic messages ("e-mail"); by providing the
Application, we make no representation or warranty as to the legality of recording or monitoring inmate or administrative
telephone calls or transmitting or receiving inmate e-mail messages. Further, you retain custody and ownership of all
recordings, and inmate e-mail messages; however you grant us a perpetual limited license to compile, store, and access
recordings or inmate calls and access inmate e-mail messages for purposes of (i) complying with the requests of officials at
the Facility, (ii) disclosing information to requesting law enforcement and correctional officials as they may require for
investigative, penological or public safety purposes, (iii) performing billing and collection functions, or (iv) maintaining
equipment and quality control purposes. This license does not apply to recordings of inmate calls or e-mail messages with
their attorneys or to recordings or e-mail messages protected from disclosure by other applicable privileges.
9. Confidentiality. The System, Applications, and related call records and information (the "Confidential Information") shall
at all times remain confidential to Provider. You agree that you will not disclose such Confidential Information to any third
party without our prior written consent. Because you will be able to access confidential information of third parties that is
protected by certain federal and state privacy laws through the Software and Applications, you shall only access the
Software with computer systems that have effective firewall and anti-virus protection.
10. Claims. To the fullest extent allowed by applicable law, each party agrees to be responsible for any loss, cost, claim,
liability, damage, and expense (including, without limitation, reasonable attorney's fees and expenses) (collectively "Claims")
arising out of (i) a breach of its own representations, warranties and/or covenants contained herein or (ii) the gross
negligence or willful misconduct of, or intellectual property infringement or alleged intellectual property infringement by itself
and/or its employees, agents, or contractors in the performance of this Agreement. .
Furthermore, the parties understand and agree that each one is subject to federal, state, and local laws and regulations, and
each party bears the burden of its own compliance. The Provider agrees to install and implement the Inmate Telephone
System according to the law governing the Provider, the instruction it receives from the Customer as to the Customer's
requirements under the law, and according to the Customer's facility's demographics. The Provider agrees to indemnify the
Customer against any and all damages, loss, cost, claim, liability, injury (to persons and property) and expense brought or
claimed by third parties or the Customer's Facility (collectively, "Claims") arising out of or related to the Provider's failure to
comply with the instruction it receives from the Customer, and all laws and regulations governing the Provider.
11. Insurance. We maintain comprehensive general liability insurance having limits of not less than $2,000,000.00 in the
aggregate. You agree to provide us with reasonable and timely written notice of any claim, demand, or cause of action
made or brought against you arising out of or related to the utilization of the Applications and the System in which the
Provider is brought in as a co-defendant in the Claim. We have the right to defend any such claim, demand, or cause of
action at our sole cost and expense and within our sole and exclusive discretion. You agree not to compromise or settle any
claim or cause of action arising out of or related to the utilization of the Applications or System without our prior written
consent, and you are required to assist us with our defense of any such claim, demand, or cause of action.
12. Default and Termination. If either party defaults in the performance of any obligation under this Agreement, then the
non-defaulting party shall give the defaulting party written notice of Its default setting forth with specificity the nature of the
default. If the defaulting party fails to cure its default within thirty (30) days after receipt of the notice of default, then the nondefaulting party shall have the right to tenninate this Agreement upon thirty (30) days written notice and pursue all other
remedies available to the non-defaulting party, either at law or in equity. Notwithstanding the foregoing, the thirty (30) day
cure period shall be extended to ninety (90) days if the default is not reasonably susceptible to cure within such thirty (30)
day period, but only if the defaulting party has begun to cure the default during the thirty (30) day period and diligently
pursues the cure of such default. Notwithstanding the foregoing, if you breach your obligations in the section entitled
"Software License· or the section entitled "Confidentiality", then we shall have the right to terminate this Agreement
immediately.
13. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER
PARTY SHALL HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS
OF PROFITS OR INCOME, LOST OR CORRUPTED DATA, OR LOSS OF USE OR OTHER BENEFITS, HOWSOEVER
CAUSED AND EVEN IF DUE TO THE PARTY'S NEGLIGENCE, BREACH OF CONTRACT, OR OTHER FAULT, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO
YOU RELATING TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE,
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Master Services Agreement - Page 2 of 8
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SHALL NOT EXCEED THE AMOUNT WE PAID YOU DURING THE lWELVE (12) MONTH PERIOD PRIOR TO THE DATE
THE CLAIM AROSE.
14. Uncontrollable Circumstance. We reserve the right to renegotiate or terminate this Agreement upon sixty (60) days
advance written notice if circumstances outside our control related to the Facilities (including, without limitation, changes in
rates, regulations, or operations mandated by law; material reduction in inmate population or capacity; material changes in

Jaff policy-i:ir economic conaitions:--aclS of Goa; actions You ta!Ce ror-seciiiitY- reasons (sucn as 1c1a~downs)) negative1y-frnpaci
our business; however, we shall not unreasonably exercise such right. Further, Customer acknowledges that Provider's
provision of the services is subject to certain federal, state or local regulatory requirements and restrictions which are subject
to change from time-to-time and nothing contained herein to the contrary shall restrict Provider from taking any steps
necessary to perform in compliance therewith.
15. Injunctive Relief. Both parties agree that a breach of any of the obligations set forth in the sections entitled "Software
License,• "Ownership and Use,· and "Confidentiality" would irreparably damage and create undue hardships for the other
party. Therefore, the non-breaching party shall be entitled to immediate court ordered injunctive relief to stop any apparent
breach of such sections, such remedy being in addition to any other remedies available to such non-breaching party.
16. Force Majeure. Either party may be excused from performance under this Agreement to the extent that performance is
prevented by any act of God, war, civil disturbance, terrorism, strikes, supply or market, failure of a third party's performance,
failure, fluctuation or non-availability of electrical power, heat, light, air conditioning or telecommunications equipment, other
equipment failure or similar event beyond its reasonable control; provided, however that the affected party shall use
reasonable efforts to remove such causes of non-performance.
17. Notices. Any notice or demand made by either party under the terms of this Agreement or under any statute shall be in
writing and shall be given by personal delivery; registered or certified U.S. mail, postage prepaid; or commercial courier
delivery service, to the address below the party's signature below, or to such other address as a party may designate by
written notice in compliance with this section. Notices shall be deemed delivered as follows: personal delivery - upon
receipt; U.S. mail -five days after deposit; and courier -when delivered as shown by courier records.
18. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. No waiver by either party of any event of default under this Agreement shall operate as a waiver of any
subsequent default under the terms of this Agreement If any provision of this Agreement is held to be invalid or
unenforceable, the validity or enforceability of the other provisions shall remain unaffected. This Agreement shall be binding
upon and inure to the benefit of Provider and Customer and their respective successors and permitted assigns. Except for
assignments to our affiliates or to any entity that succeeds to our business in connection with a merger or acquisition, neither
party may assign this Agreement without the prior written consent of the other party. Each signatory to this Agreement
warrants and represents that he or she has the unrestricted right and requisite authority to enter into and execute this
Agreement, to bind his or her respective party, and to authorize the installation and operation of the System. Provider and
Customer each shall comply, at its own expense, with all applicable laws and regulations in the performance of their
respective obligations under this Agreement and otherwise in their operations. Nothing in this Agreement shall be deemed
or construed by the parties or any other entity to create an agency, partnership, or joint venture between Customer and
Provider. This Agreement cannot be modified orally and can only be modified by a written instrument signed by all parties.
The parties' rights and obligations, which by their nature would extend beyond the termination, cancellation, or expiration of
this Agreement, shall survive such termination, cancellation, or expiration (including, without limitation, any payment
obligations for services or equipment received prior to such termination, cancellation, or expiration). This Agreement may be
executed in counterparts, each of which shall be fully effective as an original, and all of which together shall constitute one
and the same instrument. This Agreement, together with the exhibits and Schedules, constitutes the entire agreement of the
parties regarding the subject matter set forth herein and supersedes any prior or contemporaneous oral or written
agreements or guarantees regarding the subject matter set forth herein.

EXECUTED as of the Effective Date.
PROVIDER:
Evercom Systems, Inc.

By:
Name:

Name: Robert Pickens

Title:

Title:

Chief Marketing Officer

Date:

Date:

'-f ( I :S / ti>

Customer's Notice Address and Phone Number :

Provider's Notice Address:

222 E. 2nc1 Street
La Junta, Colorado 81050

14651 Dallas Parkway, Suite 600
Dallas, Texas 75254
Attention: General Counsel

Phone: (719) 384-5941

Phone: (972)277--0300

Provider's PaymentAddress:
14651 Dallas Parkway, Suite 600
Dallas, Texas 75254
Attention: Accounts Receivable

Please return signed contract to:

14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277-0410

Master Services Agreement - Page 4 of 8
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SECURUS'~
TECHNOLOGIES

Schedule
OTERO COUNTY (CO)
SITE 08844

This Schedule is between Evercom Systems, Inc., a Delaware corporation and a wholly owned subsidiary of SECURUS
Technologies, Inc: ("We{ or "Providei"), aMtlie Otero County Jail ("You· or ·customer"} and is-part ofaiid i'.fovemed oy the·
Master Services Agreement (the "Agreement") executed by the parties. The terms and conditions of the Agreement are
incorporated herein by reference. This Schedule shall be coterminous with the Agreement ("Schedule Effective Datej.

A.

Applications. We will provide the following Applications:
CALL MANAGEMENT SERVICE

DESCRIPTION:
Secure Call Platform: Secure Call Platform ("SCPj 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 speci'fied 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. "Net Revenue· means all charges billed and collected by us
relating to collect calls placed from the Facilities, less all local and long distance charges, billing and validation costs, and a
reserve for bad debt. Regulatory required and other items such as federal, state and local charges and taxes and fees are
excluded. 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

Otero County Jail
222 E. 2nd Street
La Junta, CO 81050

Type otCaH
Management
Service

Collect
Commission
Percentage

Revenue Base
for Calculation
of Commisskm·

Payment Address

SCP

35%

NET

-SAME-

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 Equipmenf'), 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 dock speed
recommended; Intel Pentium/Celeron family, or AMO K6/Athlon/Duron family, or compatible
processor recommended higher

Operating System

WindowsXP

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
Master Services Agreement - Page 5 of 8
© SECURUS Technologies, Inc. - Proprietary & Confidential- Fonn 7.07

Display

Super VGA (1,024 x 768} or higher-resolution video adapter and monitor

Peripherals

Keyboard and Microsoft Mouse or compatible pointing device

DSL or Cable Modem

Data Rate: 1.5 Megbits downstream and 384Kbits upstream, minimum
NOTE: You are required-and responsible-for obtaining-and installing anti-virus and firewall
protection software for connectivity to and from the Internet.

INTERNET ACCESS REQUIREMENTS

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. AU 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 Openwork.station(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 uopenworkstationn 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
Openwork.station 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 Openwork.station. 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 Evenr), then you will promptly report the System Event to our
Technical Support Department ("Technical Suppo~)- 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 1n

30% or more of the functionality of the System is adversely affected by the System Event.

uPriority 2n

5% - 29%% of the functionality of the System is adversely affected by the System Event.

uPriority 3n

5% or less of the functionality of the System is adversely affected by the System 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 rem9t1'!
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
Master Services Agreement - Page 6 of 8

© SECURUS Technologies, Inc. - Proprietary & Confidential- Form 7.07

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 ("IGRD) 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).
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: an 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 appticable percentage specified in the chart below plus any applicable sates 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. lf 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 AU 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

Otero County Jail
222 E. 2nd Street
La Junta, CO 81050

30%

CALLING RATES

Provider will charge rates that are in compliance with state and federal regulatory requirements.
applicable, will vary by country.

Master Services Agreement - Page 7 of 8

© SECURUS Technologies, Inc. - Proprietaiy & Confidential - Form 7.07

International rates, if

Exhibit A: Customer Statement of Work
OTERO COUNTY (CO)
SITE 08844
··This Custom-er StatementofWork is made parthereto and governed-by the Master Services-Agreement-(the "Agreemenf)
executed between Evercom Systems, lnc., a Delaware corporation and a SECURUS Technologies, Inc. company ("we" or
~Provider"), and the Otero County Jail ("you" or "Customer"). The terms and conditions of said Agreement are incorporated
herein by reference. This Customer Statement of Work shall be cotenninous with the Agreement.
A. Applications. The parties agree that the Applications listed in the Service Schedule or below shall be provided and in
accordance with the Service Level Agreements as described in the applicable section of the Service Schedule to the
Agreement.

B. Equipment. We will provide the equipment/Applications in connection with the SCP services needed to support the
required number and type of phones and other components, up to 5 VPM sets, up to 5 S-GATE licenses, and storage for
one (1) year/purge. Additional equipment or applications will be installed only upon mutual agreement by the parties, and
may incur additional charges.

EXECUTED as of the Schedule Effective Date.

PROVIDER:
Evercom Systems,

Inc~

By:

By:

Name:

Name:

Robert Pickens

Title:

Title:

Chief Marketing Officer

Date:

Date:

<( ( t 'J / 0

Please return signed contract to:
14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277-0410

Master Services Agreement - Page 8 of 8
© SECURUS Technologies, Inc. -Proprietary & Confidential- Form 7.07