Prison Phone Justice

M uckRock News
DEPT MR 50863
41 lA Highland Ave
Somerville, MA 02144-2516
50863-99244033@requests.muckrock.com

Morgan County Sheriff
APRA Office
160 N. Park Avenue
Martinsville, IN 46151

March 15, 2018

To Whom It May Concern:
Pursuant to the Indiana Access to Public Records Act, I hereby request the following records:
A copy of the current contract between the County and the current vendor for inmate communication
services at the County Correctional I Detention Facility. This may encompass telecommunication, kiosk,
and mobile tablet services. I am requesting that the information provided contain the term and expiration
date of the current contract (including any optional contract extensions), as well as the current
telecommunications provider and the services currently being provided pursuant to the agreement.
The requested documents will be made available to the general public, and this request is not being made
for commercial purposes .
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance
of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or
CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your
response to this request within 7 business days, as the statute requires.

Sincerely,
Augie Torres
Filed via MuckRock.com
E-mail (Preferred): 50863-99244033@requests.muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 50863
41 lA Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE : This request is not filed by a MuckRock staff member, but is being sent through MuckRock

Page 1 of2

MuckRock News
DEPT MR 50863
41 lA Highland Ave
Somerville, MA 02144-2516
50863-99244033@requests.muckrock.com

by the above in order to better track, share, and manage public records requests . Also note that improperly
addressed (i.e ., with the requester's name rather than "MuckRock News" and the department number)
requests might be returned as undeliverable.

Page 2of2

AGREEMENT FOR INMATE TELEPHONE SERVICE SYSTEM
MORGAN COUNTY (IN)
Thi Agreement for Inmate Telephone ervice y tern (" Agreement") i entered into this 'l .J day of
2015, and hall begin no later than ten (I 0) day from the date Client igns (the
"Comme'llcement Date"), between the M rgan County herifr
ffice (" lient") and ecuru
Techn logie , Inc., a Delaware c rporation (" Provider").

J:4., 1..11. ,..,

l.

cope.

I. I Client herby authorizes Provider to in tall telephones equipment and software and to provi ion
local, intra LAT A, inter LATA and interstate telephone services from inmate telephone at C lient's
designated facility located at 160 N. Park Avenue, Martin ville, Indiana 46151.
1.2
uch telephones, equipment, software and service make up the inmate telephone ervice y tern
and are referred to in thi Agreement as the "System." During the term of thi Agreement and subject to
the remaining terms and conditions of this Agreement, Provider shall be the ole and exclu ive provider
of inmate related communications, including but not limited to voice, video and data (phone calls, video
calls, mes aging, prepaid calling cards, debit calling and email) at the all exi ting and future facilitie
under the authority of lient in lieu of any other third party providing uch inmate communication ,
including without limitation, Client' s employees, agent or ubcontractors.

2.

Term.

2.1 The initial term of thi Agreement shall begin on Commencement Date and terminate on December
31, 2018.
2.2 Notwith tanding ction 2.1 above, either party may terminate thi Agreement for failure of the
other party to perform the obligation herein . The non-defaulting party hall give the defaulting party
written notice of its default etting forth pecifically the nature of the default. If the defaulting party fails
to cure it default within thirty (30) days after receipt of the notice of default, then the non-defaulting
party may terminate thi Agreement upon ixty (60) days prior written notice to the other party. Pr vider
re erves the right to renegotiate or terminate this Agreement upon ninety (90) day prior written notice if
the Agreement b come unprofitable for Provider, however, Provider shall not unrea onably exercise
uch right.
2.3 The parties reserve the right to renegotiate or terminate this Agreement upon sixty (60) days
advance written notice if circum tance out ide of the partie ' control related to the Facility (including,
without limitation, change in rates, regulations, or operations mandated by law; material reduction in
inmate population or capacity; material change in jail policy or economic conditions; acts of God;
action you take for ecurity rea on ( uch as lock-down )) negatively impact either party' business;
however, the parties shall not unreasonably exercise such right. Further, leint acknowledges that
Provider' s provi ion of the ervices is ubject to certain federal, state or local regulatory requirements and
restriction , which are ubject to change from time-to-time, and nothing contained herein t the contrary
shall re trict Provider from taking any step neces ary to perform in compliance therewith.

3.

Provider's Product and ervices.

Br:

.... ,".. ·················

expense, all industry standard upgrades and/or improvement of telephones, equipment, and oftware as
for the provi ioning of the inmate telephone service y tern within ninety (90) day of uch date generally
made available. For upgrade that are limited relea e, require additional hardware a ociated with the new
feature, contain feature offering new functionality or for third-party application or platform that are
made available by the Provider, these will be made available to Client at Provider's rea onable and
customary charges.
3.2 Provider shall maintain the ystem in good condition at all times. All maintenance or repair work,
whether performed remotely or on site, shall be performed in such a manner to minimize the di ruption of
the inmate telephone ervice y tern. The Provider will make available Provider' tandard po tinstallation training material a reque ted during the term of the Agreement at no co t to Client.
3.3

Provider will supply and maintain up to forty (40) inmate phones.

3.4 In addition to the inmate telephone ervice et forth herein, Provider will provide Automated
Information ervices (AJSTM) a de cribed in the Al TM ervice Order, attached hereto a xhibit D.

4.

ystem Feature and

rvices.

4.1 The ystem will provide an automatic "on/off feature.
monitored for on-line diagno tic and trouble hooting.

he ystem will have the capability of being

4.2
he y tern will provide for automatic billing and placing of collect call without the need for
conventional live operator services. Provider will be responsible for all billing and collections of inmate
calling, but may contract with third parties to perform this function.
4.3 The Sy tern will provide for detailed call record that will be retained by the Provider for a
minimum of five (5) year and Provider will provide acce to five years detailed call record and train
Client's designated per onnel to retrieve detailed call record .
4.4 Call recordings hall be available to the Client for sixty (60) days from the expiration or earlier
termination of this Agreement, or from the date the sy tern is upgraded or changed to another platform.
4.5 Provider will comply with and provide all item ubmitted in Provider' prop al for inmate
telephone ervice et forth in Exhibit A attached hereto, and pecifically incorporated herein.
4.6 Provider will provide, in tall and maintain the equipment and features set forth a Exhibit A
attached hereto and pecifically incorporated herein .
4.7

Provide

P with

ree call feature.

5.

Property Rights and Confidentiality.

5.1
oftware licen e. Provider grant Client a personal, non-exclusive, nontran ferable licen e (without
right to ublicen e) to acce and use certain proprietary computer oftware product and material in
connection with the Application (the " oftware"). The oftware include any upgrades, modifications,
updates, and addition to exi ting feature that Provider implements in its di cretion (the "Updates").
Updates do not include additional features and significant enhancements to existing features . The Client
is the license holder of any third party software products the Provider obtain on the Client's behalf. The
Client authorizes the Provider to provide or pre-install the third party oftware and agree that Provider

may agree to the third party End User License Agreements on the Client's behalf. Client's rights to use
any third-party oftware product that Provider provides shall be limited by the terms of the underlying
license that Provider obtained for uch product. The Software i to be used olely for Client's internal
bu iness purposes in connection with the System at the facilities. lient will not (i) permit any parent,
ubsidiary, affiliated entity, or third party use of the Software, (ii) a ign, sublicen e, lea e, encumber, or
otherwi e transfer or attempt to tran fer the oftware or any portion thereof, (iii) proce or permit to be
proce ed any data of any other party with the oftware, (iv) alter, maintain, enhance, di as emble,
decompile, reverse engineer or otherwi e modify the oftware or allow any third party to do o, (v)
connect the oftware to any product that Provider did not furni h or approve in writing, or (vi) hip,
transfer, or export the oftware into any country, or u e the oftware in any manner prohibited by the
export laws of the United tates. Provider is not liable with regard to any Software that Client may use in
a prohibited manner.
5.2 Ownership and U e. The System, and related records, data, and information (excepting recorded
communications for which Client retains ownership) shall at all times remain Provider's sole and
exclusive property unle s prohibited by law, in which event, Provider shall have the unlimited right to use
such records, data, and information for investigative and law enforcement purpo es. However, during the
term of this Agreement and for a reasonable period 9f time thereafter, Provider will provide Client with
reasonable access to the records. Provider (or its licensors, if any) have and will retain all right, title,
interest, and owner hip in and to (i) the Software and any copie , custom versions, modifications, or
updates of the Software, (ii) related to its System, and other product and service (the "Materials"). The
Materials con titute proprietary information and trade secrets of Provider and its licensors, whether or not
any portion thereof i or may be the ubject of a valid copyright or patent.
5.3 Provider's propriety System, Software, Application, training materials and other Materials are
confidential information of Provider. Client will use the same prudent care to safeguard the Provider's
confidential information and will not u e the Provider's confidential information for purpo es other than
tho e necessary to further the purpo e of this Agreement.
5.4 Client will in truct its employee of the confidentiality re triction et forth herein. lient will not
disclo e to third per on the confidential information without prior written con ent of Provider, unle
required under applicable law, rule or regulation, or pursuant to the order of any court or governmental
entity or legal process of any governmental entity.
5.5 Both partie agree that a breach of any of the obligations et forth in this ection 5 would
irreparably damage and create undue hardships for the other party. Therefore, the non-breaching party
hall be entitled to all remedies available pursuant to the law of the State of Indiana.

6.

Call Duration.

6. I

At the commencement of this Agreement there is call duration 15 minutes. The System shall have

the capability to automatically limit call duration. The Client reserves the right to institute a limit on call
duration in the future.
6.2 The ystem will have the capability to allow free calls as may be designated, from time to time, by
Client; provided however, the number of free calls will be limited to one hundred (I 00) per year.

7.

Use of Space; Right of Access.

7.1 Client shall make available to Provider sufficient space within the facilitie for the System and to
allow for Provider's perfonnance of ervices required herein. The space hould have appropriate heating.
ventilation and air conditioning for the Sy tern. Prior to in tallation Provider will inform Client of
pecificarions for uch facilitie and for the heating, ventilation and air conditioning.
7 .2 Client shall afford Provider' personnel or contractors' access to the y tern in order to perform
ervice described herein . Rea onable security during acce will be provided by lient. Client reserve
the right to conduct background check on Provider' per onnel or contractors and deny acce at Client'
ole di cretion to Client' facilitie if a background check i failed . Provider will thereupon obtain
ubstitute personnel or contractors that will pass a background check to perform the required service.

8.

Commissions.

8.1 Provider will pay lient a commt s1on (" ommi ion") of ixty-five percent (65%) of ros
Revenue for all completed collect and debit call , excluding interstate. " ro Revenue " mean all
charges billed by Provider relating to collect and debit call placed from the Facilitie .
ro Revenue
may be verified by the detailed call records maintained by Provider without any deduction or credit for
bad debt or for billed call that for any reason are not collected. Regulatory required and other items uch
as federal , state and local charge and taxe and fee , including tran action funding fees, credits, and
billing recovery fee are excluded from revenue to the Provider.
8.2

Commis ion stratification report shall accompany each commission payment a de cribed in 8.3 .

8.3 Commission payments hall be payable by the 30th day of each month (" Payment Date") for the
preceding months call volume and shall be made payable to:
Morgan County herifr Office
160 N. Park Ave.
Martinsville, Indiana 46151
8.4 Notwith tanding anything to the contrary contained in this Agreement,
Communications Commi sion 47 CFR Part 64 [W Docket No. 12-375;
Inter tate Calling ervice - effective February 11 , 2014, no commission hall
through the completion of interstate calls of any type placed from the Facility(

9.

in accordance with Federal
F
13-113] - Rate for
be paid on revenue earned
).

Minimum Annual Guarantee ("MAG")

o long a the inmate p pulation (expres ed a average daily population, or ADP) i n t le than 288
inmate , the Client's MA commi sions will not fall below $144,000.00 for the twelve (12) month period
following the Commencement Date. Each year thereafter, Provider will adju t the MAG upward or
downward to reflect eighty percent (80%) of the actual Commissions earned in the prior twelve ( 12)
month . If, at the end of any given term year, the actual Commissions earned are less than the MAG, then
Provider will pay Client the difference within ixty (60) days of the end of the term year. All
omm1 ion payment hall be final and binding upon Client, unless Provider receive written objection
within sixty (60) days after the Payment Date. NOTWTIHSTANDING ANYTHING TO THE
CONTRARY, PROVIDER SHALL HA VE THE RJGHT THROUGHOUT THE INITIAL TERM
AND ANY RENEW AL TERMS OF THIS AGREEMENT, BUT NOT MORE OFTEN THAN

ONCE PER CALENDAR YEAR, TO FULLY AUDIT OR EXAMINE ANY AND ALL
INFORMATION PERTAINING to THE CU TOMER' AVERAGE DAJLY POPULATION.
10.

Signing Bonus

Within thirty (30) day of contract signing Securu Technologie will pay lient a one-time igning b nu
ofone hundred ixty thou and dollar ($160,000.00). If the Agreement i terminated ti r any rea on, other
than a et forth in ection 2.3, before the end of the Initial Term, then Client will refund to Provider an
amount equal to the igning Bonus time a fraction , the numerator of which i the number of month
between the date of termination and the end of the Initial Term, and the denominator of which i the
number of months in the Initial Term . Client hall pay any uch refund within ten (I 0) days after any
uch termination, or at Provider' s election, Provider may deduct the refund from any Commi ion
Provider owes Client upon mutual agreement. All igning bonus payments shall be final and binding
upon C lient, unless Provider receives written objection within ixty (60) day after the igning bonu ha
been paid to Client. Client acknowledges and under tands that the signing bonu is a one-time payment,
not a recurring or annual payment.
The igning Bonus will be paid to the following addre s:
Morgan County Sheriff's Department
160 N.Park Ave.
Martinsvi lie, IN 4615 I

11.

Call Rates:

I I. I o t of call (call rate ) hall be implemented a
except by mutual agreement between both Partie .
12.

et forth in Exhibit

. all rate cannot be changed

Notices.

12. 1 Unle otherwi e provided herein, all notice and communication concerning thi Agreement hall
be in writing and addre sed to lient at the addres in ection 8.3 above and to Provider a follows:
ecurus Technologie , Inc.

14651 Dalla Parkway, ixth Floor
Dallas, TX 75254
Attn: General

oun el

Or to such other address as either Party may designate from time to time in writing to the other Party.

12.2 Unless otherwi e provided herein, notice shall be ent by (i) hand delivery, (ii) registered or
certified U.S. mail, (iii) commercial courier delivery ervice, or (iv) upon receipt at the address for notice
pecified above when hand delivered, (v) when delivered after being sent by courier delivery service, or
(vi) five (5) days after deposit in the mail when sent by registered or certified U.S. mail.
13. Indemnification . To the fullest extent allowed by applicable law but ubject to the limitation in
thi Agreement, each party (the " Indemnifying Party") will, and does hereby agree to, defend , indemnify
and hold harmle s the other party (the " Indemnified Party" ) from and again t any lo , co t, claim,
liability, damage, and expen e (including without limitati n, reasonable att rney ' fee and expen e )
brought or claimed by third partie or by the Indemnified Party (collectively,' laim " ) ari ing out of (i) a
breach of either party' repre entation , warrantie and/or covenant contained herein or (ii) the gro

negligence or willful mi conduct of, or intellectual property infringement or alleged intellectual property
infringement by, the Indemnifying Party and/or its employees, agents, or contractor in the performance
of this Agreement. The Indemnified Party shall notify the Indemnifying Party promptly in writing of any
Claims for which the Indemnified Party alleges that the Indemnifying Party i respon ible under this
section and the Indemnifying Party shall hereupon tender the defen e of such Claim to the Indemnifying
Party. The Indemnified Party shall cooperate in every reasonable manner with the defense or settlement
of uch Claims at the Indemnifying Party' s expen e. The Indemnifying Party shall not be liable under
this section for ettlements of Claims finalized solely by the Indemnified Party unle the fndemnifying
Party has approved such ettlement in advance or unless the defense of such Claims ha been tendered to
the Indemnifying Party in writing and the Indemnifying Party ha failed to promptly undertake the
defense.
The partie understand and agree that each one is subject to federal , tate, and local law and regulation ,
and each party bears the burden of its own compliance.

14. Limitation of Liability. NOTH WITH ST ANDlNG ANYTHING TO TH
ONTRARY IN THI
AGREEMENT, NEITHER PARTY HALL HAVE ANY LIABILITY FOR INDIR CT, lN !DENTAL,
SPECIAL, OR CONS QUENTIAL DAMAGES, LOSS OF PROFITS OR IN OM , LO T OR
CORRUPTED DATA, OR LOSS OF USE OR OTHER BENEFfTS, HOWSO V R CAU D AND
EVEN IF DUE TO TH PARTY'S N GLIGENCE, BREACH OF CONTRACT, OR OTH R FAU T,
EVEN IF SU H PARTY HA BEEN ADVISED OF THE PO IBILITY OF U H DAMAG
EXCEPT FOR CLAIMS WHICH MAY BE INDEMNLFIABLE A REFERENCED H R IN,
PROVIDER'S AGGR GATE LIABILITY TO CLIENT RELATING TO OR ARI ING OUT OF THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, HALL NOT EXCEED THE
AMOUNT PROVIDER PAfD CLIENT DURING THE TWELVE (12) MONTH P RIOD PRIOR TO
THE DATE THE CLAIM ARO E.

15. Legality Limited License Agreement. For services related to System which may allow Client to
monitor and record inmate or other administrative telephone calls, or transmit or receive inmate electronic
me sages ("e-mail"); by providing the Sy tern, Provider make no repre entation or warranty as to the
legality of recording or monitoring inmate or administrative telephone calls or tran mitting or receiving
inmate email messages. Further, Client retains custody and ownership of all recordings, and inmate e-mail
mes ages; however Client grant Provider a perpetual limited license to compile, tore, and acce
recordings or inmate calls and access inmate e-mail mes ages for purpo e of (i) complying with requests
of officials at the Facility, (ii) disclosing information to requesting law enforcement and correctional
official a they may require for inve tigative, penological or public afety purpo e , (iii) performing
billing and collection function , or (iv) maintaining equipment and quality control purpo e . Thi licen e
does not apply to recordings of inmate calls or e-mail messages with their attorneys or to recordings oremail me age protected from di closure by od1er applicable privileges.
16. General. Thi Agreement hall be interpreted con trued and enforced pur uant to the law of the
State of Indiana. No waiver by either party of any event of default under thi Agreement shall operate a a
waiver of any ubsequent default under the term of this Agreement. If any term, covenant or condition
contained herein hall be invalid or unenforceable to any extent and in any respect under any laws
governing this Agreement, the remainder of this Agreement shall not be affected thereby, and each term,
covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by
applicable law. This Agreement hall not be binding upon either Party until accepted in writing by an
authorized representative of Provider as indicated by the signature below. This Agreement may not be
assigned or transferred to any other per on or entity without the prior written mutual agreement of the
Parties. Notwith tanding the above, Provider may assign this Agreement upon mutual agreement of Client
to any person acquiring all or substantially all of its assets or to any person or entity with or into which
Provider merge ; provided, however, that in any such case, all terms and conditions hereof will be

binding upon and inure to the a signee or merged surviving entity as though uch entity was an original
party to this Agreement. Provider and Client each ha.II comply, at its own expense, with all applicable
laws and regulation in the performance of their re pective obligation under this Agreement and
otherwi e in their operation . Nothing in thi Agreement hall be deemed or con trued by the partie or
any other entity to create an agency, partner hip, or joint venture between Client and Provider.

17. Force Majeure. Neither Party will be liable to the other for delay or inability to perform their
obligation if such failure results from a Force Majeure event, which will include any Act of God, acts of
government, acts of terrori m, riot , war , strike , fire , weather, delays in tran portation, hortage of
material , the unavailability of equipment or od1er matter beyond the rcas nable control of the Party.
Any such Force Majeure event will extend the time for such performance for a period equal to the period
of delay; provided however, that the Party who e performance is prevented or delayed by such Force
Majeure will take all reasonable steps to avoid or remove such cause of nonperformance and will
continue its performance whenever, and to the extent such causes are removed.
18. System Problem Notification . Client shall have the capability to report problems with the System
via a toll free number twenty-four (24) hours a day, even (7) days a week, three-hundred sixty-five (365)
days a year. Upon the reporting of a problem by the Client to the Provider, the Provider shall repair the
problem pursuant to the Repair Procedures as et forth in Exhibit B attached hereto, and specifically
incorporated herein. THE ERVICE LEVEL AGREEMENT IN EXHIBIT B SETS FORTH THE SOLE
AND EXCLUSIVE REMEDIES FOR FAILURE OR DEFECT OF AN APPLICATION . THE
PROVfDER DISCLAIMS 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
NON INFRINGEMENT.

19. Entire Agreement; Amendments.
Thi
Agreement repre ent the entire Agreement
between the Partie with re pect to the matter addre ed herein and uper ede all prior negotiation , ·
representations or agreements between the Parties, when written or oral, on the subject matter hereof. This
Agreement may not be amended, modified, altered, or rescinded except upon a written in trument
designated as an amendment to this agreement an executed by all Parties hereto
20.

Exhibits: This Agreement includes Exhibits attached hereto as indicated below.
Exhibit A, Equipment and applications
Exhibit B, Repair Procedures
Exhibit C, Call Rates
Exhibit D, AIS™ Service Order

lN WITNESS WHEREOF, the parties have executed thi s Agreement by their duly authorized
representatives.

SECURUS TECHNOLOGIES, INC.

By:

By:

Name:

Name:

Title:

itle:

Date:

Date:

;e:y.!J.Robert Picken
Pre ident
/ ... 'l 7"/ (

Exhibit A
Equipment and oftware

MORGAN COUNTY HERIFF'S OFFICE
Equipment and Features
A. Applications. The partie agree that the Applications listed below shall be provided and in
accordance with the ervice Level Agreement in
hibit B. Provider will give Client thirty (30) day
notice of any operational change to the Application currently provided at Facility.
B. Equipment. We will provide the equipment/Applications in connection with the CP ervice needed
to upport the required number and type of phone and other component and storage for 2 Year I Purge.
Additional equipment or application will be in tailed only upon mutual agreement by the parties, and
may incur additional charge .

CALL MANAGEMENT SERVICE
D

CRIPTION:

Provider will be responsible for all billing and collection of inmate calling charge but may contract with
third partie to perform uch functions . SCP will be provided at the Facilitie specified in the chart
below.
FACILITIES AND RELATED SPECIFICATIONS:
Facility Name and Addre
Morgan County herifrs Office
160 N. Park Ave.
Martinsville, Indiana 46151

Type of Call
Management
Service

Collect
Commi sion
Percentage

Revenue Base
for Calculation
of Commis ion

Payment
Addre

SCP

65%

Gro s Revenue

--SAME--

SCP DEBIT
DE CRIPTION:
A Debit account i a prepaid, inmate-owned account u ed to pay for inmate telephone call . A Debit
account i funded by tran fer of inmate' facility tru t/commi ary account fund to inmate' Debit
account. Pr vider e tabli he inmate Debit account which are a ciated with the inmate' Per onal
Identification Number (" PIN"). Provider require inmate to key in hi /her PJN at the beginning of every
Debit call in order to complete the call and pay for the call using the inmate's Debit account. Client
agrees to have the Debit module of Provider' s SCP Call Management Sy tern enabled for the Facilities to
offer Debit account to inmate . lient agree to use Provider' s CP er Interface or utili ze integration
with Client's tru t account sy tern to process inmate' fund transfer reque t . Notwith tanding, Provider
will not be responsible for any delays due to (i) C lient' failure to perform any of its obligations for the
project; (ii) any of C lient' s vendor failure to perform any of its obligation for the project; or (iii)
circumstance outside of Provider' control.

INVOICING, TAXATION & COMPEN ATION:
Provider hall invoice Client on a monthly ba i for Debit call u age le s the applicable commi ion
percentage pecified in the chart below plu any applicable ale tax. The invoice will be due and payable
within thirty (30) day after the invoice date. After uch thirty (30) day period, Provider re erve the right
to charge intere t 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 d1e unpaid invoice balance plu any accrued intere t fr m
any amount owed to Client by Provider until Provider i paid in full. Client may provide a ales and U
Tax Re ale Certificate to Provider tating that lient hall be responsible for charging the applicable taxe
to the end-u er and for remitting the collected taxe to the proper taxing juri diction . If Provid r
receives a Sales and Use Tax Resale Certificate from Client, Provider shall not charge applicable ales
taxe on Client invoice .
FACILITIE AND RELAT D PECIFICATIONS:
Facility Name and Address
Morgan County Sheriffs Office
160 N. Park A venue
Martin ville, Indiana 46151

Debit Commission Percentage
65%

Exhibit B
Repair Procedures

Priority Classifications
The following classifications apply once a trouble report is is ued and received by Securus
Technical Support. A ticket number will be given to the Client at the time of the report.
Priority One condition occurs when 50% of any single cell block's inmate telephones are nonfunctioning.
Priority One condition occurs when any monitoring/taping function is not fully operation.
Priority Two condition occurs when system outage is less than 50% but impacts at least I 0% of
the phone .
Priority Two condition occurs when any other system event not a priority one condition occurs
that adver ely affect the operation of the system or any component thereof.

Response Times
The following response times must be met or a fine can be biJled.
Priority One condition shall have a four (4) hour response time to work on remotely and to have
a technician on site if needed.
Priority Two condition shall have a twenty-four (24) hour response and all due diligence shall be
used to repair the problem as soon as possible,
Any single phone outage shall have a twenty- four (24) response time to and all due diligence
shall be used to repair the problem as soon as possible,
A seventy two (72) hour response time will be given for single phone outage for repair before a
fine can be bi lied.
Failure to Comply
Failure to comply with the above stated Repair Procedures will result in a fine of $100.00
billed to the Provider for failure to meet the response time per report. This fine shall be
paid to the Client no later than 60 days from receipt of invoice from the Client. Client
reserves the right not to bill the Provider.

.. EXHIBlTC
Call Rates
--

Destination Class
Local

Customer Type
Collect (Direct Bill)

Connect Charae
4.75

Per Minute

2

IntraLA TA Intrastate

Collect (Direct Bill)

3.00

0.45

3
4

Collect (Direct Bill)
Collect (Direct Bill)

3.00

0.59

5

lnterLATA Intrastate
lnterLATA Interstate
lntraLAT A Interstate

-

0.25
0.25

6
7

Local
lntraLATA Intrastate

8
9
10

lnterLAT A Intrastate
lnterLATA Interstate
lntraLATA Interstate

12
13

Local
lntraLATA Intrastate

Debit
Debit

14
15

lnterLATA Intrastate
lnterLATA In terstate

Debit
Debit

16
17

lntraLAT A Interstate
International

Debit
Debit

No.
I

Collect (Direct Bill)

-

AdvanceConnect

4.75

-

AdvanceConnect
Ad vanceConnect

3.00
3.00

0.45

AdvanceConnect

-

0.59
0.21

AdvanceConnect

-

0.2 1

*Plu applicable taxe and governmental fees

4.75

-

3.00
3.00

0.45

Vary by Country

0.59
0.21
0.2 1
Vary by Country

SECURUS'M

ll;CHNOLOGI S

Exhibit D: AIS ™ SERVICE ORDER
Morgan County Sheriffs Office (IN)
This AISTM SERVICE ORDER shall be effective as of the last date signed by either party ("Service Order Effective Date")
and is made part of and governed by the Agreement for Inmate Telephone Service System (the "Agreemenr) executed
between Securus Technologies, Inc. ("we" or "Provider"), and Morgan County Sheriffs Office ("you· or "Customer"). The
terms and conditions of said Agreement are incorporated herein by reference. This AIS™ SERVICE ORDER shall be
coterminous with the Agreement, unless otherwise agreed by both parties.
DESCRIPTION .
Provider will provide the Automated Information Services (AIS™) as described herein through its wholly owned subsidiary,
Telerus. The AIS™ application is designed to automate internal inquiries from detainees and outside calls from friends and
family members on one single platform, as well as allow inmates' friends and families the ability to open or fund a pre-paid
telephone account, an inmate phone account, an inmate trust account or leave a voicemail. The application is accessed
through a telephone IVR system. Once Facility staff has uploaded all required information, the system is able to automate
information such as Commissary Balances (pending MIS system data flow); Charge Information; Court Appearance Dates,
Times, Locations; Bond Amounts, Types; Projected Release Dates; and Visitation Eligibility, Times.
Automated Information Services 2.0 is configurable to meet the specific needs of Customer's Facility. The standard option
includes automation of inmate and Facility information to constituents who call Customer's existing main telephone number
and to inmates at Customer's Facility. The following are options and requirements available for AIS .
. / Automation of inmate and Facility information to constituents (standard)
. / Automation of inmate and Facility information to inmates (Securus ITS Customers only))
. / Ability to open or fund a Securus pre-paid telephone account (Required)
. / Ability to fund an inmate phone account (Required)
. / Ability to fund an inmate trust account (Required)
. / Ability to leave a voice mail (Required)
. / Ability to provide for inmate information and trust funding via lnmatelnfo.com
The application provides all information automatically without staff intervention 24n.
With the assistance of the Customer's staff, Provider will create a report that accesses the Customer's Jail Management
System (JMS) to obtain the required data for the AIS service, so that no integration or associated fee assessed by the JMS
vendor is required. In the event Provider is unable through no fault of its own to generate the required report, Customer has
the option of either (i) paying any/all integration fees incurred by Customer's JMS/MIS system provider or (ii) opting out of
this AIS Service Order without any further obligation with respect thereto by either Customer or Provider.
The AIS™ Jail Voicemail feature is a one-way communication product that allows friends and family members calling a
facility to leave a 45-second voicemail for an inmate providing a quick way for friends and family to initiate communication or
deliver timely information to an inmate prior to a scheduled phone call or visitation . Friends and family will pay up to a $3.95
usage fee for each voicemail they leave, 20% of which Customer will receive each month as a commission payment. AIS™
Jail Voicemail is not subject to any other compensation.
lnmatelnfo.com provides the features and benefits of AIS™ on the Web. lnmatelnfo.com allows friends and family members
to search by facility and inmate to find the same inmate Information AIS™ provides as well as giving them the opportunity to
fund an inmate's trust account over the Web.
Customer agrees to implement all Required features above and to allow Provider to expand the AIS™ services offering at
any time during the Term of the Agreement upon thirty (30) days advance written notice to include additional constituent
notification services provided through the AIS™ application. If Required features are not implemented or maintained during
the Term of the Agreement, AIS pricing will revert to $960.00 per month.
PAYMENT (check all that apply):

D Customer shall pay a one-time set up charge to Provider in the amount of $!NOT APPLICABLE) ("AIS™ Set Up Fee").

J

The AIS™ Set Up Fee shall be payable through a Commission deduction, which shall be deducted on the sooner of (i)
the month following the AIS™ installation, or (ii) sixty (60) days following the date Customer signs this Service Order,
until paid in full. If the Agreement is terminated for any reason before the end of the Initial
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for the balance, if any, which shall be due within thirty (30) days after the date of the invoice.

0

Customer shall pay a monthly fee in the amount of $!NOT APPLICABLE) ("AIS™ Fee"). The monthly AIS™ Fee shall
be payable through a Commission deduction, which shall be deducted on the sooner of (i) the month following the AIS™
installation, or (ii) sixty (60) days following the date Customer signs this Service Order. 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 AIS™ monthly fee is based on Customer's
estimated Average Daily Population ("ADP") count. If the ADP levels have fluctuated by more than fifteen percent
(15%), Provider reserves the right to renegotiate or terminate this AIS Service Order upon sixty (60) days advance
written notice to Customer.

EXECUTED as of the Service Order Effective Date.
CUSTOMER:

PROVIDER:
Securus Technologies, Inc.

tL+/y-

By:

By:

Name:

Name:

Robert Pickens

Title:

Title:

President

Date:

Date:

T'

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