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Master Services Agreement
(San Juan County Sheriff's Office (UT) - Site ID 08954)
This Master Services Agreement {this "Agreement") is by and between the San Juan County Sheriffs Office ("Customer")
.. and Evercom Systems, Inc., a Delaware corporation.and a wholly owned subsidiary of SECURUS Technologies, . lnc., . ~e,"
"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 either 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 ApplicatiMs. 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 terms and
conditions of this Agreement, Provider shall be the sole and exclusive provider of inmate related communications, induding
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 Applfcation, if any, and the applicable payment addresses are as stated in the
Schedules.
4. Tenn. The obligations of the parties under this Agreement are effective as of the Effective Date, but the "Term" of this
Agreement shall commence on April 14, 2010 and will continue for five (5) 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 successive periods of one (1) year each. 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 earlier 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 preinstall 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) permit 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
Software into any country, or use the Software in any manner prohibited by the export laws ·!~~Fnfre not
liable wlth regard to any Software that you use in a prohibited manner.
Jij~ill.J
Master Services Agreement - Page 1 of 14
© SECURUS Technologies, Inc. - Proprietaiy & Confidential - Form 7.07
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 period of time thereafter, we will provide you with reasonable access to the r~ords. 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.
Legality/limited License ~greement. 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 me5sages ("e-mail"); by providing the
Application, we make no representatiOil 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 ci:lmpile, 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 informatidn 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 purpeises. This license does not apply to recordings of inmate calls or e-mail mes8ages with
their attorneys or to recordings or e-mail messages protected from disclosure by other applicable privileges.
8.
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 infonnation 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.
1o. 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 CustbmEir'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 ahd 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 tight to defend any such claim, demand, or cause of
action at our sole cost and expense and within our sole and t!!xclusive 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 reeeipt of the notice of default, then the nondefaulting party shall have the right to terminate 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 Liabilfty.
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,
SHALL NOT EXCEED THE AMOUNT WE PAID YOU DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE
THE CLAIM AROSE.
Master Services Agreement - Page 2 of 14
© SECURUS Technologies, Inc. - Proprietary & Confidential - Form 7.07
14. Uncontrollable .Circumstance. We reserve the right to renegotiate or tetrhinate this Agreement upon sixty (60) days
advance written_notice if circumstances outside our control related to the Facilities (including, Without limitation, chahges in
rates, regulations, or operations mandated by law; material reduction in inmate population or capacity; material changes iri
jail policy or eeonomic conditions; acts of God; actions you take for security reasons (such as lock-downs)) negatively impact
our business: however, we shall not unreasonably exercise such right. Further, Customer acknowledges that Provider's
provision·ofthe·'Services is subjetMo certain federal, state or local-regulatory requirements and-restrictions·whieh ..are-subject·
to change from time-to-time and nothing contained herein to the contrary shall restrict Provider from taking any steps
necessary to perfonn in compliance therewith.
15. Injunctive, Relief. Both parties atJree that a breach of any of the obligations set forth in the sections entitled "Sbftware
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. Forte Majeure. Either party rt1ay 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 perfol'illanta,
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 ahd shall be given by personal delivery; registered or certified U.S. mail, postage prepaid; or cornrnercial 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. Misceliaf.leous. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
No waiver by either party of any event of defaulrunder this Agreement shall operate as a waiver of ariy subsequent default
under the terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the validity or
enforeeability 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 tier
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 tailhbt 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
tennination, cancellation, or expiration (including, without limitation, any payment obligations for seivices 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
niatter set forth herein and supersedes any prior or contemporaneous orator written agreements or guarantees regarding
the subject matter set forth herein.
Master Services Agreement - Page 3 of 14
© SECURUS Technologies, Inc. - Proprietary & Confidential • Fonn 7.07
EXECUTED as of the Effective Date.
Please return signed contract to:
14651 Dalfas Parkway
Sfxtli Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277-0410
Master Services Agreement - Page 4of14
© SECURUS Technologies, Inc. - Proprietary & Confidential- Form 7.07
SECURUS'"
Ta:HNOLOG l~S
Schedule
(San Juan County Sherifrs Office (UT) - Site ID 08954)
This Schedule is between Evercom Systems, Inc., a Delaware corporation and a wholly owned subsidiary of SECURUS
Technologies, lnG, {"we" or "Provider"); and the San Juan County-Sheriff's Office-{"you'.' or "Customer'').and is part ..of-aiid
governed by 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 (4Schedule
Effective Date").
A.
Applications. We will provide the following Applications:
CALL MANAGEMENT SERVICE
DESGRIPTION:
Secure Call Platform: Secure Call Platform ("SCPR) provides, through its centralized net centric, VOiP, digital transrriittE!d
$ystem, 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 cans, (b) mark certain numbers as private to disable the moriftorihg
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 Jtie exterit required by applicable law. We will be responsible for all billing and collections of inmate ea.Hing charges but
may contr~·qt with third parties to perform such functions. SCP will be provided at the Facilities specified in the cliart bel~w.
cdMPENSATION:
.~ - . ., -\ ::
Gollect 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 e·arn
through thei" C::cimpletion 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 3oth 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 Datt!:! of any change in your payment address.
\-
;
FACILITlES AND RELATED SPECIFICATIONS:
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San Juan County Sheriffs Office
297 South Main
SCP
Monticello, Utah 84535
50%
Gross Revenues
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 (iiQ it wiil monitor and ensure
that its licensed end users comply as directed herein.
Processor
Personal computer (PC) with a minimum 1 gigahertz (GHz) or processor clock speed
recommended; Intel Pentium/Celeron family, or AMO K6/Athlon/Duron family, or c:Ompatible
processor recommended higher
Operating System
WindowsXP
Browser
Microsoft Internet Explorer 6.0 or better
Memory
At least 128 megabytes. (MB) of RAM; 25_6 M~for optimum speed
Master Services Agreement - Page 5 of 14
© SECURUS Technologies, lnc. • Proprietary & Confidential • Form 7.07
..
QD.-~OM or DVD drive
Drive
Display
~uper Y.GA (1,024 ic 768) or higher-resolution video adapter ahd mqnitor
,.
Keyboard and Microsoft Mouse or compatible pointing device
P_erjpherals
-.... - .. . .... - ' ·. .
~ .:;
;.:. ~ ... ~r~·..~. ( ~ -~: ~·:
DSL or Cable Modem
+·:· ~ :: ·it'lJ~RNElAG'C~s~n~~Jf9J~~-~:E.NTS ...
~>··
:····~ ·.:·:.· .::) ~-~ ~~~ ~·,:i···~-:~~t;~-~~.~ -~ :~·~;·~-·:·--
- .. .
...
Data Rate: 1.5 Megbits downstream and 384Kbits upstreii"m·;· minimum .
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 accordanee with the service
levels in Items 1 through 1O below. All such maintenance shall be provided at our sole cost and expense unless
neeessitated 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, o.r 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 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 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
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.
a
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 1•
3Q% or more of the functionality of the Systern is adversely affected by the System Event.
"Priority 2·
5% - 29%% of the fun~onality of the System is adversely affected by the System Event.
"Priority 3"
5% or less of the functionality of the System is adversely affected by the System Event.
Single and multiple phones related issues . . .
3. Resoohse 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
Master Services Agreement - Page 6 of 14
© 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 !GR. You are responsible for providing a dedicated isolated grounded receptacle r1GR") 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; 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 trucing 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 tenninates 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:
.. :, .'., ..f.~fc;'llifY.' Nan:i~· and'· Address. · ' , .·: ! :: <':·. ·, : ; ···""pr§.~citil:ff R~~~ntag~ · ~
San Juan County Sheriffs Office
297 South Main
Monticello, Utah 84535
40%
Master Services Agreement- Page 7of14
© SECURUS Technologies, Inc. - Proprietary & Confidentiaf - Form 7.07
.' ·...
AUTOMATED INFORMATION SERVICES
DESCRIPTJON: See Exhibit B
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 8 of 14
© SECURUS Technologies, Inc. -Proprietary & Confidential- Form 7.07
International rates, if
Exhibit A: Customer Statement of Work
(San Juan County Sheriff's Office (UT) - Site ID 08954)
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 Tecilnologies ,. Inc. company rwe" or
"Provider"), and the San Juan County Sheriff's Office ("you" or "Customer''). The terms and conditions of sald Agreement are
incorporated herein by reference . This Customer Statement of Work shall be coterminous 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 wili provide the equipmenUApplications in connection with the SCP services needed to support the
required number and type of phones and other components, up to two (2) VPM sets, up to five (5) 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 Effective Date.
Please retum signed contract to:
14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277 -041
o
Master Services Agreement - Page 9 of 14
© SECURUS Technologies, Inc. - Proprietary & Confidential- Form 7.07
EXHIBIT B: Automated Information Services
(San Juan County Sheriff's Office (UT) - Site ID 08954)
This Exhibit Bis made part hereto and governed by the Master Services Agreement (the "Agreemenf") executed betWeen
Evercom Systems, Inc., a Delaware corporation and a SECURUS Technologies, Inc. company ("we" or "Provider"), and the
San Juan County Sheriffs Office ("you" or "Customer"). The terms and conditions of said Agreement are incorporated herein
by reference. This Customer Statement of Work shall be coterminous with the Agreement. We will provide the Automated
Information Services through our third party vendor, Tererus, as described herein.
DESCRIPTION:
AUTOMATED INFORMATION SERVICES (AISTM). The AJSn.f application is designed to automate internal inquiries
from detainees and outside calls from friends and family members on one single platfonn. In addition, the application is
designed to allow inmates' friends & families the ability to open or fund a pre-paid telephone account as well as fund an
inmate's trust account. The application is accessed through a telephone IVR system that is available to all callers. Once
facility staff has uploaded all required information, the system is able to automate information such as:
•
•
•
•
•
•
Comtnissary Balances"
Charge Information
Court Appearance Dates, Times, Locations
Bond Amounts, Types
Projected Release Dates
Visitation Eligibility, Times
•pending MIS system data flow
Automated Information Services 2.0 is configurable to meet the specific needs of your facility. The standard option
includes automation of inmate and facility information to constituents who call your existing main telephone number
and to inmates at your facility. You can also choose to add any of the following additional options (check all that
apply):
...f
Automation of inmate and facility information to constituents (standard)
-'1
-'1
-'1
Ability to open or fund a Securus pre-paid telephone account
Automation of inmate and facility information to inmates (standard)
Ability to fund an inmate trust account
The application provides all information automatically without staff intervention 24!7 from any standard day-room or
outside telephone with no new wiring required. Facility staff personnel must maintain informaMn on the system.
The Customer shall be responsible for any/all integration fees incurred by their JMS/MIS system provider in order
for AlS to receive inmate data.
2.
PAYMENT:
Monthly payment fee is determined by facilities ADP on record and Automated Information Services configuration
(options) chosen above.
ADP:
~I_as___
Price per ADP:
I $4.71
Monthly Fee:
I ~400.00 I
Customer shall pay a one-time set up charge to Evercom in the amount Gf
and not100 Elollar:s (AIS™
Set up Fee) WAIVED. Customer shall pay a monthly fee in the amount of four hundred and no/100 dollars
($400.00) ("AISTM Fee"). In no event shall the monthly AIS™ Fee be less than four hundred and no/100 dollars per
month ($400.00).
Monthly and one time fees shall be payable through a Commission deduction, which shall be deducted on the
sooner of (i) the month following the Alsw installation, or (ii) sixty (60) days following the date the Customer signs
this Amendment. If the AIS™ Fee exceeds 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.
Notwithstanding anything to the contrary, the parties acknowledge that the AIST~ monthly fee is based on
Customer's estimated Average Daily Population ("ADP") count. Therefore, on January 1st of every year during the
Master Services Agreement - Page 1o of 14
© SECURUS Technologies, Inc. - Proprietary & Confidential - Form 7.07
term of service, Customer will provide its average ADP count so that the per inmate charge for AIS™ may be
adjusted aecordingly for the following year . The AIS ™ Fee is calculated using a minimum Fee based on the
Facility's ADP . It is the Customer's responsibility to provide the ADP numbers, and request a modification iri the
price of AIS™ Fee. Provider will modify the AIS™ Fee per year based on a comparison of any three (3)
consecutive months' ADP levels. If the ADP levels have fluctuated by more than fifteen percent (15%), Provider Will
modify-the AIS™ Fee on a going forward basis.
Compensation (Set-up Charge and Monthly Fee) is detennined by AIS features chosen. Securus has the rights to
modify and increase compensation if feature set is modified or changed by the facility after contract execution.
3.
STATEMENT OF WORK:
a) Specifications and Assumptions
The system will contain two primary applications. The first application will automate answering of incoming
calls from the public or "friends and family;" the second will automate inmate information requests via
existing inmate phones.
i.
Outside "Friends and Family" Application
•
Speech (Voice) Recognition including inmate identification by first and last name.
•
Date of birth "tailback" to inmate name recognition.
•
Text-to-Speech.
•
Spanish Interface.
•
Inmate Trust/Commissary deposits by major credit card.
•
Securus Pre-paid Phone account funding by major credit card (available for Securus phone
customers only).
•
Charges.
•
Bond Amounts and Types.
•
Court Dates, Times, and Locations.
•
Visitation eligibility and times including times by inmate name, housing location.
•
Visits remaining for the week.
•
Inmate location (if multiple addresses).
•
Projected Release Dates.
•
ldentmcation of detainers and holds.
•
Support for inmate types such as regular, federal, juvenile.
•
Blocking of sensitive (sex, child crime charges) inmates.
•
General Facility lnfonnation including facility location, directions, hours, mailing policies,
visitation policies, money deposit policies, medication/prescriptions polices, inmate phone
system information, and commonly requested phone numbers.
•
Porting of existing facility phone numbers to secure hosting facility. No limit - as many
numbers as desired can be pointed to AIS.
•
Transfers of exception callers back to facility staff members for personal assistance.
•
Queuing with hold music and updates for transferred callers when facility staff members are
unavailable.
ii. Inmate Application
•
Seamless integration with provider's Inmate Phone System, IE: gPress •11 for
Automated Inmate Information."
•
Spanish Interface.
•
Commissary Balances.
Master Seivices Agreement - Page 11 of 14
@
SECURUS Technologies, Inc. - Proprietary & Confidential - Form 7.07
iii.
b)
•
Charges.
•
Court Dates and Locations .
•
Bond Amounts and Types .
•
Visitation eligibility and times including times by inmate naine, housing location:
•
•
•
•
Visits remaining for the week .
Inmate location (if multiple addresses) .
Identification of detainers and holds .
Projected Release Dates .
Overall
•
JMS integration for the Outside Application and the Inmate Application will be through flatfile, FTP imports. Imports take place in pre-determined intervals; fifteen minutes is standard.
Customer will push Pipe, Comma, or Tab Delimited formatted data to a password protected
FTP site.
•
Hosting from Class Ill data center located in Denver, CO,_including features such as multiple
power redundancies, climate control, biometric security, and raised floors.
•
Unlimited usage per month included (no cap on minutes).
•
Call Summary and Port Usage Reports emailed or faxed on weekly or monthly basis.
Implementation Overview (timeline, roles, responsibilities):
•
Week 1, Project Kickoff Call: Conference call to identify points of contact, review
implementation plan, confirm system features, goals, and confirm specific dates of the
timeline. Participants: Telerus, Provider, and Facility.
•
Week 2, Configuration Planning: Completion of online survey by facility administrative
representative. Review and processing of responses by Telerus. Meeting with technical
representation (Facility IT and/or JMS Provider) to discuss data export. Participants:
Telerus, Provider, and Facility.
•
Week 3, User Demo Round 1: Based on the responses to the online survey, Telerus
drafts and records general information scripts with a professional voice talent. The voice
files are demonstrated for facility personnel prior to public access. Participants: Telerus
and Facility.
•
Week 4, Lobby Go Live: "Did you Know" signs are posted in the facility lobby advising
them of the availability of general facility information by phone. Participants: Telerus,
Provider and Facility.
•
Week 5, Data Export: Telerus consults with Facility IT and/or JMS provider to initiate
FTP data stream and validate export file contents. Participants: Telerus and Facility.
•
Week 6, QA: Teferus QA staff identifies applicable test cases and simulates calls from
the public and inmates. Development and configuration changes are executed as
necessary. Participants: Telerus and Facility.
•
Week 7, User Demo Round 2: Full feature demonstration, including inmate specific data
lookups for both public and inmates, conducted for facility. Participants: Telerus and
Facility.
•
Week 8, Spanish Translation and Recording: With the English scripts finalized for go
live, Spanish transfation and recording is performed. Participant: Telerus.
•
Week 9, Telecom Integration and Full Go live: With assistance from Facility Telecom
and/or appropriate vendor(s), phone system integration is executed. Lobby "Did You
Know" signs are updated and inmate side signs posted. Participant: Telerus and
Facility.
Master Services Agreement - Page 12of14
© SECURUS Technologies, Inc. - Proprietary & Confidential - Form 7.07
c)
Equipment. Since AIS™ will be hosted, no new equipment will be installed at the Customer Facility in
connection with this solution; however, the Customer will be required to push (through secure FTP) flat file
imports in 15 minute intervals, which will require resources of a server class machine with a stable and
continuous Internet connection.
d)
Service Level Agreements
•
Uptime availability: 99%, apart from scheduled downtime, tracked and reset on a monthly basis.
Seven days a week, 24 hours/day coverage.
•
800-number phone/pager and email access to the ProviderfTelerus support team.
One-hour, or better, response to support calls.
•
Assignment of trouble ticket tracking number to each incident with resolution plan communicated
within 24 hours.
•
One-business day, or better, response to support emails.
•
Remote diagnostics and resolution of software issues.
•
Voice file re-recordings not to exceed 1 hour per month.
•
New releases of product documentation.
•
Quarterly system review teleconferences including recaps of all incidents and resolutions.
EXECUTED as of the Effective Date.
Please return signed contract to:
14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: ·Contracts Administrator
Phone: (972) 277-0410
Master Services Agreement - Page 13of14
© SECURUS Technologies, Inc. - Proprietary & Confidential - Form 7.07
Master Services Agreement - Page 14 of 14
© SECURUS Technologies, Inc. - Proprietary & Confidential - Fonn 7.07
FIRST AMENDMENT TO
MASTER SERVICES AGREEMENT
This FIRST AMENDMENT ("First Amendment") is effective as of the last date signed by a party ("First Amendment
Effective Date") and amends and supplements that certain Master Services Agreement with an Effective Date
of April 21, 2010 ("Agreement") by and between the San Juan County Sheriffs Office ("Customer") and Securus
Technologies, Inc. f/k/a Evercom Systems, lnc. 1 ("Provider").
WHEREAS, Customer desires and Provider agrees to implement Inmate Debit Accounts, Commissary
Order by Phone, and E-imports;
WHEREAS, Customer desires and Provider agrees to a twelve (12) month commission deduction to offset
the cost of E-imports implementation;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
agree as follows :
1.
li.BM.
2.
INMATE DEBIT ACCOUN TS. In addition to the Applications currently provided under the Agreement,
Customer shall implement Inmate Debit Accounts.
This First Amendment shall commence on the First Amendment Effective Date and shall remain in
effect through the term of the Agreement.
DESCRIPTION:
---------~
A~
P~e_
b~
it~a~o~c~o_
un
~t~is~a
-.RmPaid
inmate-owned._ account used to pay for ioma1.a...1e.lephone....caUs A Dab.,.l~
t _ _ _ _ __
account is funded by transfer of inmate's facility trust/commissary account funds to inmate's Debit account.
Provider will also allow inmate Friends & Family members to fund an inmate's Debit account via multiple
points-of-sale. Funds deposited by Friends & Family members into an inmate's Debit account become
property of the inmate. Provider establishes inmate Debit accounts which are associated with the inmate's
Personal Identification Number ("PIN"). Provider requires inmate to key in his/her PIN at the beginning
of every Debit call in order to complete the call and pay for the call using the inmate's Debit account.
Customer agrees to have the Debit module of Provider's SCP Call Management System enabled for
the Facilities to offer Debit account to inmates. Customer agrees to use Provider's SCP User Interface
or utilize integration with Customer's trust account system to process inmate's fund transfer requests.
Notwithstanding, Provider will not be responsible for any delays due to (i) Customer's failure to perform any
of its obligations for the project; (ii) any of Customer's vendors' failure to perform any of its obligations for the
project; or (iii) circumstances outside of Provider's control.
INVOICING AND COMPENSATION:
Provider shall invoice Customer on a weekly basis for all funding amounts transferred from inmates' facility
trusVcommissary accounts to Inmate Debit accounts. The invoice will be due and payable upon receipt.
Provider shall pay Customer the commission percentage that Provider earns through the completion of Debit
calls placed from Customer's Facilities as specified in the chart below. Provider reserves the right to deduct
call credits from usage. Provider shall remit the commission for a calendar month to Customer on or before
the 30th day after the end of the calendar month in which the Debit calls were made (the "Payment Date").
Upon inmate's release, Provider shall administer refunds to inmate through Western Union retail locations.
Refunds made available through Western Union are subject to a $3.00 fee. Unless dictated otherwise by
state regulation, inmate refunds administered through Western Union that are not collected by inmate within
ninety (90) days of release shall expire and shall not be collectable by inmate. All commission payments
shall be final and binding upon Customer unless Provider receives written objection within sixty (60) days
alter the Payment Date.
FACILITIES AND RELATED SPECIFICATIONS:
San Juan County Sheriff's Office
297 South Main
Monticello, Utah 84535
3.
1
50%
E-IMPORTS. In addition to the Applications currently provided under the Agreement, Customer shall
Evercom Systems, Inc. has changed its name to Securus Technologies, Inc.
implement E-lmports._
DESCRIPTION:
"E-imports" is an application that offers automated PIN Management and eliminates the need for detention
facility personnel to enter inmate profile information from the jail management system (JMS) into the
inmate telephone system in cases where the use of a PIN for inmate calling is desired. With E-lmports, the
SCP system imports inmate profile information from a detention facility's JMS when an inmate is booked,
transferred, updated, or released.
COMMISSION DEDUCTION. To offset the cost of E-lmports, Provider will deduct $84 per month for 12
rnontt1s from Customer's commission payments.
4. COMMISSARY ORDER BY PHONE. In addition to the Applications currently provided under the
Agreement, Provider will implement Commissary Order by Phone.
DESCRIPTION.
Commissary Order by Phone allows an inmate to order and purchase commissary items using the inmate
phone system by selecting an additional menu option on the phone system. The Customer's commissary
opc:r<•lor provides an interactive voice response system (''JVR") and a speed-dial number (800#) into the
commissary's IVR. The Customer hereby requests that the Provider work with its commissary operator
iclt:r1tified below to set up and activate Commissary Order by Phone at the Facility named in the chart below:
f/\Cll !TIES AND RELATED SPECIFICATIONS:
-
·.-.o f acilifv.iName .a~nc:fAodresir· . ' .. -- ,,,?:. ·.
San Juan County Sheriff's Office
297 South Main
Monticello, Utah 84535
All terms
effect.
,1 ii d
:· ~or'fim ls~nerator
1
.,
..
' .!'" ~
Swanson Services Corporation
conditions of the Agreement not amended by this First Amendment remain In full force and
Any capitofi7 0rf term used but not defined herein shall have the meaning set forth in the Agreement.
IN WITNE s s WHERE OF, the parties have executed this First Amendment as of the First Amendment Effective Date
by their dui; ault1orized representatives.
SAN JUAN COUNTY SHERIFF'S OFFICE
SECURUS TECHNOLOGIES, INC.
By:
By:
Name:
Name:
Robert Pickens
Title:
Title:
Chief Operating Officer
Date:
Date:
Please rc twn signed amendment to:
14651 Dall:i s Parkway
Sixth Floo '
Dallas, Te> :i s 75254
Attention: Contracts Administrator
Phone: (9 72) 277-0300
2
,W ft..:5L
:;; /
2-/
I?._
Securus Technologies, Inc.
UT_San Juan County jail
Rate Chart
Prepared: June 8, 2018
Existin.t: Rates*
No. Destination Class
1
Local
Customer Type
Collect (Direct Bill)
2
lntraLATA Intrastate Collect (Direct Bill)
3
lnterLATA Intrastate Collect (Direct Bill)
4
lnterLATA Interstate Collect (Direct Bill)
5
lntraLATA Interstate Collect (Direct Bill)
6
Local
7
lntraLATA Intrastate AdvanceConnect
8
lnterLATA Intrastate AdvanceConnect
9
lnterLATA Interstate AdvanceConnect
AdvanceConnect
10
lntraLATA Interstate AdvanceConnect
11
Local
12
lntraLATA Intrastate Debit
13
lnterLATA Intrastate
Debit
14
lnterLATA Interstate
Debit
Debit
15
lntraLATA Interstate Debit
16
International
*
Plus applicable taxes and other governmental fees.
Debit
First
Minute
Each Additional
Minute
4.06
3.46
3.46
0.25
0.25
4.06
3.46
3.46
0.21
0.21
4.06
3.46
3.46
0.21
0.21
0.11
0.51
0.51
0.25
0.25
0.11
0.51
0.51
0.21
0.21
0.11
0.51
0.51
0.21
0.21
varies by country
varies by country
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SECOND AMENDMENT TO
MASTER SERVICES AGREEMENT
This SECOND AMENDMENT ("Second Amendment") is effective as of the last qate signed by a party
("Second Amendment Effective Date") and amends and supplements that certain ·inmate Master Service
Agreement with an Effective Date of April 21, 2010, as amended ("Agreement") by and between San
Juan County Sheriffs Office ("Customer") and Securus Technologies, Inc., f/k/a Evercom Systems, Inc.
("Provider").
WHEREAS, Customer desires and Provider agrees to deploy ·certain new features pursuant to
the terms and conditions outlined below; and
·
WHEREAS, Customer and Provider agree to extend the term of their Agreement by one year;
NOW, THEREFORE, as of the Second Amendment Effective Date and in consideration of the
mutual promises and covenants contained herein, the parties agree as follows:
TERM. This Second Amendment will commence on the Second Amendment Effective Date and
will remain in effect through the term of the Agreement, which term is extended by one year as set forth
herein.
APPLICATIONS. In addition to the Applications currently being provided to you pursuant to the
Agreement, Provider will deploy the features described below.
TERM OF AGREEMENT EXTENDED BY ONE YEAR
Section 4 of the parties' Agreement is modified such that the term of thereof shall extend six (1) years from April 14,
2010, rather than five (5); or stated otherwise, the parties add one year to the initial term of their Agreement. All other
provisions on Section 4 shall remain intact. Thus, the initial term of the agreement expires on April 14, 2016.
SECURUS VIDEO VISIJATION
Provider will deploy a Video Visitation system at the Facility named in the chart below during the Initial Term of the
Ag~ement, consistent wi.th the terrn.s below an.d in .Attachment 1.,
~:
The parties acknowledge that Securus Video Visitation sessions shall be limited to thirty (30) minute sessions. A
session fee of $20.00 plus applicable taxes/fees/surcharges will apply to each paid remote Video Visitation session.
As used in this section , a ' rem ote' Video Visitation session means any sessions where Video Visitati on traffic is
routed over the internet. If Customer wishes to offer free remote session(s) for any reason·, a session fee ·of $20.00;
plus applicable taxes/fees/surcharges, will be deducted from the monthly commission payments made to Customer.
During the Term of this Agreement, Customer will utilize its best efforts to allow the full utilization of the Video
Visitation System at the Facility, including without limitation:
1.
Customer agrees that Video Visitation must be available for a minimum of eighty (80) hours per Video
Visitation terminal per week.
2.
Customer will allow inmates to conduct. remote visits without quantity limits other than for punishment for
individual inmate misbehavior.
3.
Customer will allow Provider to market and promote the use of the Video Visitation System to the inmates,
in-person visitors, phone call participants and potential friends and family end users of the System by
allowing Provider to (a) distribute Securus' promotional literature in the Facility's visitation lobby; and (b)
issue a joint press release regarding the execution of this agreement by both parties.
If applicable, all recorded Video Visitation sessions will have a standard retention of thirty (30) days from the
recording date. It is the responsibility of Customer to remove any desired recordings from the housing location for
permanent storage within thirty (30) days of their recordings as they may be pennanently deleted by Provider after
that time. Provider is not responsible for the loss or quality of any such recordings or the deletion of such recordings
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after thirty (30) days.
COMPENSATION:
Provider shall pay Customer the comm1ss1on percentage that Provider earns through the completion of paid
remote Video Visitation sessions placed to Customer's Facilities as specified in the chart below ("Video Visitation
Commission"). Provider shall remit the commission for a calendar month to Customer on or before the 301h day of
the following calendar month in which the paid remote Video Visitation sessions were held (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.
San Juan County Sheriff's Office
f97 South Main
Monticello, UT 84535
Remote Paid
20% (commencing 24
months after the Effective
Date)•
San Juan County Sheriff's Office
297 South Main
Monticello, UT 84535
•ouring the first twenty-four (24) months following the deployment of the Video Visitation System, Provider will pay
the 20% commission percentage for only those months during which the Facility has achieved 135 remote paid visits
or greater. For any months where the Facility does not achieve the 135 remote paid threshold during this first 24month period, Customer will receive no commission payment hereunder. Commencing upon the 24th month following
deployment of the Video Visitation System, Provider shall pay twenty percent (20%) each month during the Term
of the Agreement. Commissions are paid in one-month arrears and are not subject to retro-active payments or
adjustments for notice delays. It is Customer's responsibility to notify Provider in writing to effect the Video Visitation
Commission payment Changes will take effect on the first day of the month following receipt of written notice by
Customer. Notice must be signed by a person who has binding authority for Customer and a copy delivered to:
SECURUS TECHNOLOGIES, INC.
CHIEF FINANCIAL OFFICER
14651 DALLAS PARKWAY, SIXTH FLOOR
DALLAS, TEXAS 75254
Notwithstanding anything to the contrary, the parties acknowledge that the provision of the Video Visitation services
hereunder is based on Customer's estimated Average Daily Population ("ADP" count) and a minimum of one (1)
remote paid visit per inmate per month. Therefore, if the number of remote paid visits averages less than 90 per
. momh, Provider reserves the right, ne> soon~r than twelve (12) months after the execution _of this Agreement. to
renegotiate payment hereunder or discontinue the services.
Customer is responsible for any and all Jail Management System (JMS) and Commissary integration fees as well as
electrical installation, unless otherwise specified on Attachment 1.
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Attac hmen t1
I I n1:1
1 eo V'IS ita ti on Pre
- s ecurus V'd
Description
One Time/
Recurrlna
QTY
Total
Responsible
Partv
Network Wiring lnstallalion
One time
0
$0.00
Customer
$1,500.00
Electrical Wirln!'.1 lnslallallon
Onetime
$0.00
Customer
$1,500.00
Tvoe
JMS .Provider Fees
Installation and
Implementation
One lime
Securus Video Visitation
APPllcatlon Setup
Onetime
Inmate Information Appllcatlon
Setup
Commissary Ordering
Aoolicatlon Setup
1
$5.875.00
$5.875.00
Onetime
$0.00
$3.975.00
Orie time
$0.00
$3,"975.00 '
Sick Form APPiication Setuo
Onetime
$0.00
$3,975.00
Video Visitation Terminals slnale handset (Inmate side}
One lime
1
$4,000.00
$4,000.00
Video Visitation Terminals sinale handset (visitor side)
Onetime
0
$0.00
$4.000.00
$0.0D
$250.00
Recordino
Software
Customer
Software Application Setup,
includina JMS imoort mapping
Video Visitation Terminals dual handset (visitor side)
Hardware
Unit prlclnQ
Onetime
30 Day
Purae
Total Video Visitation Tenninal
Installation
Annual Terminal Extended
Hardware Maintenance
(option al)
Onetime
1
$500.00
$500.00
Recurring
1
$199.00
$199.00
Software Llcensina Fee
Recurrlna
1
$360
$360.00
Securus Video Visitation
Recurring
$0.00
Inmate Information
Recurring
$0.00
Commlssarv Orderlna
Recurrino
$0.00
Sick Form
Recurring
$0.00
Software Maintenance Fee
Recurrino
$0.00
Miscellaneous
Traininci
Misc.
Mobile Cart, Including UPS
Batterv Back Uo
Term
Per Dav
2
$4 000.00
$2 000.00
One Ume
$0.00
$1,440.00
Re-occurrinQ
3
$1 ,677
Total Value:
$16,052 .00
Securus Discount
$16.052.00
Customer Pavs:
If the Agreement is terminated for any reason before the end of the Initial Term, Customer will refund to Provider the
prorated amount of the Video Visitation system expense. You shall pay any such refund within ten (10) days after
any.such termination, or at our election, we may deduct the refund from any commission we owe you.
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IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the Second
Amendment Effective Date by their duly authorized representatives.
SAN JUAN COUNTY SHERIFF'S OFFICE
SECURUS TECHNOLOGIES, INC.
By:
By:
Name:
Name: Robert Pickens
Title:
Title:
Chief Operating Officer
Date:
Date:
1 - () ·- /:.:>~
Please return signed amendment to:
14651 Dallas Parkway
Sixth Floor
Dallas, Texas 75254
Attention: Contracts Administrator
Phone: (972) 277-0300
~{--=-e
