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

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 COMPENSATION of the Agreement are hereby amended and revised as follows (first column is first minute and third column is per minute): Okaloosa County, Florida Basic Rates without Separate and Distinct Per-Call Fees Rates Before June 20,2016 Rates Beginning June 20,2016 additional Type and Destination 1st minute minute 1st minute additional minute Collect / Direct Bill Local 1.99 - 210 011 IntralATA.__ | 219 030 | 23 04 InterLATA 219 0.30 2.30 0.41 Interstate 0.25 0.25 0.25 0.25 Advance Connect / Debit Local 1.99 2.10 0.11 IntraLATA 2.19 0.30 2.30 0.41 InterLATA 2.19 0.30 2.30 0.41 Interstate 0.21 0.21 0.21 0.21 International Varies by Country Varies by Country Funding Transaction Fee $9.95 All types $3.00 Web / $5.95 (live agent) Plus applicable taxes and other governmental fees. International rates vary by country. Billing adjustment. Provider will exclude from commissions $0.1165 per minute for all calls (excluding interstate) beginning June 20, 2016. 4. APPLICATIONS. In addition to the Applications currently offered under the Agreement, provider will offer Investigator Pro™ and the below Applications through the ConnectUs Inmate Service Platform. a. Investigator Pro™: Page 2 of 5 © SECURUS Technologies, Inc. - Investigator Pro™ is a telephone safety, security, and investigative feature of SCP. Investigator Pro™ uses continuous voice identification technology to determine what inmate(s) are speaking on the call, detect certain three-way call violations, and help investigators find correlations between calls that might otherwise go undetected. Inmates must participate in a supervised voice print enrollment process. This inmate voice print enrollment process will be the responsibility of Customer. Investigator Pro will be offered at no cost to Customer. b. ConnectUs Inmate Service Platform Applications. The following Applications for the ConnectUs platform will be offered at no cost to Customer. i. Law Library. The ConnectUs Law Library Application allows inmates to perform legal research through a comprehensive collection of state and federal laws, including resources pertaining to constitutions, statutes, cases and more. The ConnectUs Law Library Application will be offered at no cost to Customer. ii. Grievance. The Inmate Forms (Grievance) Application facilitates the systematic receipt, routing and categorization of grievance situations and offers a tracking system that improves response times and metrics useful in assessments and resource allocations. Provider will retain and provide Customer access to the data for the term of the Agreement. iii. Inmate Handbook. The ConnectUs Inmate Handbook Application publishes common PDF documents to inmates (e.g., the Inmate Handbook) for up-to-date access to Customer information. iv. Sick Call. The ConnectUs Sick Call Application allows inmates to report symptoms to Customer health officials by completing a “sick form” that identifies the inmate’s symptoms. Notwithstanding anything to the contrary contained in the Agreement, in accordance with Federal | S: 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 placed from the Facility(s) and the discount percentage for prepaid calling cards, if any, shall be reduced by the applicable percentage attributable to interstate calling revenue from County’s Facility.. 6. Except as expressly amended by this Third Amendment, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect, including, the County’s current commission percentage. 7. Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977 riskinfo@co.okaloosa.fl.us. Contractor must comply with the public records laws, Florida Statute chapter 119, specifically Contractor must: a. Keep and maintain public records required by the County to perform the service. Page 3 of 5 © SECURUS Technologies, Inc. - b. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119 Florida Statutes or as otherwise provided by law. ¢. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the Third Amendment Effective Date by their duly authorized representatives. Okaloosa County Securus Technologies, Inc. By: By: Aj /é/z./fi Name: — Charles K. Windes,Jr. ~ ~ Name: Robert Pickens ~— — Title: Chairman Title: President Date: Date: te /5 -[e ATTEST WITNESS: BY: J.D. Peacock II, Clerk BY: Approved As To Form Please return signed contract to: 14651 Dallas Parkway Sixth Floor Dallas, Texas 75254 Attention: Contracts Administrator Page 4 of 5 © SECURUS Technologies, Inc. - Phone: (972) 277-0300 Page 5 of 5 © SECURUS Technologies, Inc. - Proprietary & Confidential T