Okaloosa County BOCC — July 6, 2016 — Securus Third Amendment

THIRD AMENDMENT TO MASTER SERVICES AGREEMENT BETWEEN OKALOOSA COUNTY AND SECURUS TECHNOLOGIES, INC. C14-2012-COR This RENEWAL AND THIRD AMENDMENT (“Third Amendment”) is effective as of June 21, 2016 (“Third Amendment Effective Date”), hereby renews and amends contract C14-2012-COR, that addresses certain Master Services Agreement by and between the Okaloosa County (“County”) and Securus Technologies, Inc. (“Securus” or “Contractor”) with an Effective Date of October 16, 2013, as subsequently amended by that certain First Amendment dated February 11, 2014, and Second Amendment June 16,2015 (collectively, the “Agreement”). WHEREAS, on, October 16, 2013, the County and the Contractor entered into contract, C14- 2012-COR, which provides telecommunications services, and WHEREAS, the initial term of contract, C14-2012-COR, shall expire on October 1, 2016, however the contract provides for up to THREE ONE YEAR renewals, and WHEREAS, the parties desire to amend the contract to comply with the New FCC Order, as more fully set forth herein; and abide by Public Records requirements which have been amended by the Florida Legislature in the 2016 Laws of Florida chapter 20. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree to renew and amend contract, C14-2012-COR, as follows: 1. TERM. This Third Amendment shall commence on the above stated Effective Date and shall remain in effect through the Term of the Agreement. Further, Section 4 of the Agreement is hereby amended to reflect that the Term shall be renewed and extended with a modified end date of September 30, 2017 amended early due to FCC rulings. Thereafter, unless one party delivers to the other written notice of non-renewal at least ninety (90) days before the end of the then current term, this Agreement shall automatically renew for 2 successive periods of 12 months each. Notwithstanding anything to the contrary, the terms and conditions of the Agreement shall continue to apply for so long as we continue to provide the Applications to you after the expiration or earlier termination of this Agreement. 2. NEW FCC ORDER REQUIREMENTS. The following is hereby added to the Agreement: NEW FCC ORDER REQUIREMENTS On March 7, 2016, the U.S. Court of Appeals entered a Stay of the following portions of the new Rates for Inmate Calling Services; Final Rule [47 CFR Part 64 - WC Docket No. 12-375; FCC 15— 136] (the “New FCC Order”): § 64.6010 (setting caps on intrastate calling rates); and § 64.6020(b) (2) (setting caps on fees for single-call services). Effective June 20, 2016, the terms of the Agreement shall be hereby modified as follows to reflect the applicable portions of the New FCC Order that were not stayed: § 64.6080 Per-Call, or Per-Connection Charges. No Provider shall impose a Per-Call or Per-Connection Charge on a Consumer. § 64.6090 Flat-Rate Calling. & No Provider shall offer Flat-Rate Calling for Inmate Calling Services. m MRV )8 BUJUNT 5 9 Page 1 of 5 © SECURUS Technologies, Inc. - RY. ................ § 64.6100 Minimum and maximum Prepaid Calling account balances. (a) No Provider shall institute a minimum balance requirement for a Consumer to use Debit or Prepaid Calling. (b) No Provider shall prohibit a consumer from depositing at least $50 per transaction to fund a Debit or Prepaid Calling account § 64.6020 Ancillary Service Charge - Ancillary service fees are capped in some cases and banned in many others: (1) For automated payment by phone or website: $3 per use; (2) For payment through a live agent: $5.95 per use; (3) For paper/bill statement fee: $2 per use; (4) Third-party financial transaction fees, such as fees charged by MoneyGram or Western Union, may be passed through with no mark-up. All other ancillary service charges are now prohibited. 3. CALLING RATES: Calling rates for all interstate and intrastate calls (including all local and long distance calls) set forth in Section Il COMPE