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Option A
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 dated April 28, 2006
("Agreemenq, by and between the Pottawattamie County Iowa Jail ("Customer" or "you") and Evercom Systems,
Inc. ("Evercom" or "we" or "Provider").
WHEREAS, Customer desires and Evercom agrees to upgrade the calling system to the Secure Call Platform, and
so amend the Agreement as described herein; and
NOW, THEREFORE, as of the First Amendment Effective Date and in consideration of the mutual promises and
covenants contained herein, the parties agree as follows:
1.
TERM. This First Amendment shall commence on the First Amendment Effective Date and shall remain in
effect through midnight April 25, 2014. 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.
2.
SCHEDULE. The following Schedule is effective on this First Amendment Effective date and supersedes
any and all other Schedules or agreements to the contrary (oral, written, or otheiwise) that may have been
made between the parties.
A.
APPLICATIONS. We will provide the following Applications:
. . Secure Call Platform: Secure Call Platform ("SCP") provides, through its centralized net centric, VOiP,
digital transmitted system,. autC>matic pla~rnent 1:1t~l!i;;,_ PY io.ritat~E; Wit!:t9llft!:t~ 6t:!E:l!l W tjlrjy~rj!iQri~Jliy~
operator services. In addition, SCP provides the capability to (a) monitor and record inmate calls, (b) mark
certain numbers as private to disable the monitoring and recording function, (c) automatically limit the
duration of each call to a certain period designated by us, (d) maintain call detail records in accordance with
our standard practices, (e) automatically shut the System on or off, and (f} allow free calls to the extent
required by applicable law. We will be responsible for all billing and collections of inmate calling charges
but may contract with third parties to perform such functions. SCP will be provided at the Facilities
specified in the chart below.
COMPENSATION:
Collect Calls. We will pay you commission (the "Commission") in the amount of the applicable Collect
Commission Percentage (as specified in the chart below) of the applicable revenue base (as specified in
the chart below) that we earn through the completion of collect calls placed from the Facilities. Gross
Revenues shall mean all gross billed revenues relating ta 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 Vendor. 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 aft.er 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.
Bonus Prepaid Calling Cards. On the first day of the month following the installation of the System, we will
provide you with prepaid calling cards with a total face value of twenty thousand and no/100 dollars
($20,000.00). Each prepaid calling card will be valid for no more than six (6) months from the date it is first
used. Prepaid calling cards are not returnable or refundable; all sales are final.
FACILITIES AND RELATED SPECIFICATIONS:
·.
Facllify ~anie and Address
of
. Type Call . . Collea Commission
Revenue Base,
·.· Management .· ··. ·• ·. ·.. P~rcenta:ge • · ·· for Calculation
· Service ·
ofCorrimi~sion
PaymeiltAddress ...· ·
Pottawattamie County Iowa Jail
1400 Big Lake Road
Council Bluffs, IA 51501
SCP
42% from this First
Amendment Effective
Date through
April 30, 2011
GROSS
-SAME-
Pottawattamie County Iowa Jail
1400 Big Lake Road
Council Bluffs, IA 51501
SCP
50% beginning
May 1, 2011
GROSS
--SAME--
CENTRALIZED NET CENTRIC, VOiP. DIGITAL TRANSMITTED CALL MANAGEMENT SYSTEM
DESCRIPTION:
S-ecure-6alling-Platform-l:;lser-lnterface;--We-will-provide-you-withihe-S-oftware--regardingihe-Secure-ealling
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 clock speed
recommended; Intel Pentium/Celeron family, or AMO K6/Athlon/Duron family, or
compatible processor recommended higher
WindowsXP
Microsoft Internet Explorer 6.0 or better
Operating System
Browser
......
Memory
Drive
Display
Peripherals
-·-~·:, ···:·'·
.
At least 128 megabytes (MB) of RAM: 256 MB for optimum speed
CD-ROM or DVD drive
Super VGA (1,024 x 768) or higher-resolution video adapter and monitor
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.
SERVICE LEVEL AGREEMENT
We agree to repair and maintain the System in good operating condition (ordinary wear and tear excepted),
including, without limitation, furnishing all parts and labor. All such maintenance shall be conducted in
accordance with the service levels in Items 1 through 10 below. All such maintenance shall be provided at
our sole cost and expense unless necessitated by any misuse of, or destruction, damage, or vandalism to
any premises equipment by you (not inmates at the Facilities), in which case, we may recoup the cost of
such repair and maintenance through either a Commission deduction or direct invoicing, at our option. You
agree to promptly notify us in writing after discovering any misuse of, or destruction, damage, or vandalism
to, the said equipment. If any portion of the System is interfaced with other devices or software owned or
used by you or a third party, then we shall have no obligation to repair or maintain such other devices or
software. This SERVICE LEVEL AGREEMENT does not apply to any provided Openworkstation(s) (see
below). For the services contemplated hereunder, we may provide, based upon the facilities requirements,
two types of workstations (personal computer/desktop/laptop/terminal):
The "Openworkstation" is
an open non·secured workstation which permits administrative user rights for facility personnel and allows
the facilities an ability to add additional third party software. Ownership of the Openworkstation is
transferred to the facility along with a three.year product support plan with the hardware provider. We have
no obligation to provide any technical and field support services for an Openworkstation. CUSTOMER IS
SOLELY RESPONSIBLE FOR THE MAINTENANCE OF ANY OPEMIVORKSTATION(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 Supportj. 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 1"
I 30% or more of the functionality of the System is adversely affected by the System Event.
2
"Priority 2n
"Priority 3n
5% - 29%% of the functionality of the System is adversely affected by the System Event.
5% or less of the functionality of the System is adversely affected by the System Event.
Single and multiple phones related issues.
- - 1 - - - - - - - 3 - .----Reseense-l'.imes;;--After--r-eseipt-netice-of-the-System-Event,we-will-respond-te-the-System-Even~,__----1--
within the following time periods:
2 hours
24 hours
72 hours
Priority 1
Priority 2
Priority 3
4.
Response Process. 1n the event of a System Event, where the equipment is located on Customer
premises, Technical Support will either initiate remote diagnosis and correction of the System Event or
dispatch a field technician to the Facility (in which case the applicable regional dispatcher will contact you
with the technician's estimated time of arrival), as necessary. In the event of a System Event occurs in the
centralized SCP system, technical support will initiate remote diagnosis and correction of the System Event.
5.
Performance of Service. All of our repair and maintenance of the System will be done in a good
and workmanlike manner at no cost to you except as may be otherwise set forth In the Agreement. Any
requested modification or upgrade to the System that is agreed upon by you and us may be subject to a
charge as set forth in the Agreement and will be implemented within the time period agreed by the parties.
6.
Escalation Contacts. Your account will be monitored by the applicable Territory Manager and
Regional Service Manager. In addition, you may use the following escalation list if our response time
exceeds 36 hours: first to the Technical Support Manager or Regional Seivice Manager, as applicable, then
to the Director of Fie!d Services, then to the Executive Director, Seivice.
-
•••
rn
•••
--1.
. -- Notice of Resolution. After receivfrig intemalriolification-thafaPifontY fSyStem Event has beeri
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.
week.
Monitoring. We will monitor our back office and validation systems 24 hours a day, seven days a
9.
Required !GR. You are responsible for providing a dedicated isolated grounded receptacle ("IGR")
for use in connection with the primary System. Upon request we will provide you with the specifications for
the IGR. If you are unable to or do not provide the !GR, 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 seivice 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}.
B.
E-IMPORTS
DESCRIPTION:
"E-importsn 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.
C.
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
3
surcharge fee. If you authorize us, we will deal with your third party commissary operator ecommissary
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. 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:
-- Pottawattamie county Iowa Jail - - - - ---- - - -- ----- - - ------- - ---- --- -1400 Big Lake Road
Council Bluffs, IA 51501
D.
30%
CALLING RATES
COLLECT
LOCAL
RATE
MILEAGE
0-99999
PER
PER
PER
CALL
CALL
0.00
0.00
SURCHARGE
DAY
0-99999
EACH
ADD'L
MINUTE
INITIAL
MINUTE
0.2000
I
0.2000
INTERLATAINTRASTATE
DAY
RATE
MILEAGE
INITIAL
MINUTE
0-99999
o.4000
EACH
ADD'L
MINUTE
I
0.4000
EVENING
EACH
INITIAL
ADD'L
MINUTE
MINUTE
0.1600
I
0.1600
EVENING
EACH
INITIAL
ADD'L
MINUTE
MINUTE
0.4000
4
I
0.4000
2.25
NIGHT/WEEKEND
CALL
0.00
INTRALATAINTRASTATE
RATE
MILEAGE
$
SURCHARGE
EVENING
DAY
$
2.80
NIGHT/WEEKEND
EACH
INITIAL
ADD'L
MINUTE
MINUTE
0.1600
I
0.1600
SURCHARGE
$ 2.80
NIGHT/WEEKEND
EACH
INITIAL
ADD'L
MINUTE
MINUTE
0.4000
I
0.4000
"
.;
INTERLATAINTERSTATE
DAY
RATE
MILEAGE
0-99999
EACH
ADD'L
MINUTE
INITIAL
MINUTE
l
0.7120
0.7120
EVENING
EACH
INITIAL
ADD'L
MINUTE
MINUTE
I
0.1120
0.7120
SURCHARGE $ 3.16
NIGHT/WEEKEND
EACH
INITIAL
ADD'L
MINUTE
MINUTE
I
0.7120
0.7120
* Plus applicable taxes and other government fees
PREPAID CALLING CARDS
LOCAL
DAY
···-· .......
RATE
MILEAGE
INITIAL
MINUTE
Q..99999
0.0000
EACH
ADD'L
MINUTE
I
0.0000
EVENING
EACH
INITIAL
ADD'L
MINUTE
MINUTE
0.0000
I
0.0000
SURCHARGE
$
2.00
NIGHT/WEEKEND
EACH
INITlAL
ADD'L
MINUTE
MINUTE
0.0000
I
0.0000
SURCHARGE
INTRALATA INTRASTATE
$
1.00
DAY
EVENING
NIGHT/WEEKEND
··EACH
EACH
EACH
............................................. ............ RATE
................ Abbt
. lNitlAL ········AoiYL . ·· 1NifiAC ·····Aot>t ......... iNlfiAL
MILEAGE
MINUTE
0-99999
0.5000
MINUTE
MINUTE
0.5000
0.5000
l
I
MINUTE
MINUTE
0.5000
0.5000
INTERLATAINTRASTATE
DAY
RATE
MILEAGE
INITIAL
MINUTE
0-99999
0.5000
EACH
ADD'L
MINUTE
l
0.5000
INTERLATAINTERSTATE
DAY
RATE
MILEAGE
INITIAL
MINUTE
0-99999
0.5000
EACH
ADD'L
MINUTE
l
0.5000
EVENING
EACH
INITIAL
ADD'L
MINUTE
MINUTE
0.5000
I
0.5000
EVENING
EACH
INITIAL
ADD'L
MINUTE
MINUTE
0.5000
I
0.5000
MINUTE
I
0.5000
SURCHARGE
1.00
$
NIGHT/WEEKEND
EACH
INITIAL
ADD'L
MINUTE
MINUTE
0.5000
I
0.5000
SURCHARGE
1.00
$
NIGHT/WEEKEND
EACH
INITIAL
ADD'L
MINUTE
MINUTE
0.5000
I
0.5000
* Plus applicable taxes and other government fees
3.
EXHIBIT A. The following Exhibit A, Customer Statement of Work, is effective on this First Amendment
Effective date and supersedes any and all other statements of work or agreements to the contrary (oral,
written, or otherwise) that may have been made between the parties:
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.
Eguipment. We will provide the equipment/Applications in connection with the SCP services needed
to support the required number and type of phones, up to 5 S-Gate licenses, and storage for one (1)
year/purge.
5
All terms and conditions of the Agreement not amended by this First Amendment remain in full force and
effect.
---l------1N-wFFNESS-WHEREGF,ttle-parties-have-exeeuteEl-this-Fir-st-AmenElmeRt-as--af-the-Fir-st-AmenElment-E--ffootive-Gat...- - - - - •
by their duly authorized representatives.
POTTAWATTAMIE COUNTY IOWA JAIL
EVERCOM SYSTEMS, INC.
By:
By:
Name:
Name:
Robert Pickens
Title:
Title:
Chief Marketing Officer
Date:
7-
Date:
2-/.c:>
Please return signed amendment to:
14651 Dallas Parkway
Sixth Floor
_________ IJ'iill~~. T~){a~ 7~254
· ---- ·· ·· -- ·- - - Attention: Contracts Administrator
Phone: (972) 277-0410
6
'8 I :rr
a Dt6
