Okaloosa County BOCC — March 4, 2014 — Securus First Amendment — reading text

SECURUS'M TECHNOLOGIES SECURUS FIRST AMENDMENT FIRST AMENDMENT TO TO MASTER MASTER SERVICES AGREEMENT SERVICES AGREEMENT This FIRST AMENDMENT ("First Amendment") is effective as of February 11, 2014 ("First Amendment Effective Date") and amends and supplements that certain Master Services Agreement by and between Okaloosa County Department of Corrections ("you" or "Customer") and Securus Technologies, Inc. ("we," "us," or "Provider"), dated October 16, 2013 (the "Agreement") . WHEREAS, in accordance with Federal Communications Commission 47 CFR Part 64 [WC Docket No. 12-375; FCC 13-113) - Rates for Interstate Calling Services ("FCC Order"), effective February 11, 2014, Provider and Customer agree to modify the calling rates charged under the current Agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Effective February 11, 2014, the Calling Rates Table set forth in the Schedule to the Agreement shall be modified to reflect that the interstate call rates shall not exceed the rate caps set forth in the FCC Order. 2. Notwithstanding anything to the contrary contained in the Agreement, in accordance with Federal Communications Commission 47 CFR Part 64 [WC Docket No. 12-375; FCC 13-113) - Rates for Interstate Calling Services - effective February 11, 2014, no commission shall be paid on revenues earned through the completion of interstate calls of any type received from the Agreement 3. Further, the Minimum Annual Guaranteed Commission "MAG" provision set forth on page 6 of 17 of the Agreement is hereby extracted in its entirety and replaced with the following revised provision: On the first day of the month following this Schedule Effective Date and for the first year of this contract, we will prepay you an annual Commission in the total amount of $310,000.00 (MAG). If this Agreement is terminated for any reason other than our default, then you shall, within fifteen (15) days of the termination date, refund any unearned portion of the MAG for the contract year in question. MAG payments shall be final and binding upon you unless we receive written objection within sixty (60) days after the payment has been paid to you . After the first year of this Agreement and on an annual basis thereafter, we will pay you a MAG that is based on 80% of the prior year's earned commission, and so on, through the duration of this Agreement. All monies paid to the county except for Prepaid Cards will go to fulfilling the MAG. Should commissions on revenues exceed the MAG for the year in question, we will pay you additional commission revenues pursuant to the compensation structure set forth herein. 4. Except as expressly amended by this First Amendment, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect. EXECUTED as of the First Amendment Effective Date. Okaloosa County Department of Corrections Securus Technologies, Inc. By: By: ~.~ Name: Name: Robert Pickens Title: Title: Chief Operating Officer Date: Date: a-/..;,,/t'f Please return signed amendment to: 14651 Dallas Parkway Sixth Floor Dallas, Texas 75254 Attention: Contracts Administrator Phone: (972) 277-0300