Item 22 - Santa Ana Jail Inmate Communication and Digital Services

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Page 2 of 9 Schedule of Services Agreement | City of Santa Ana intraLATA and interLATA carrier selections for the telephones subject to this Agreement and intended for placement at Customer locations. Smart Communications’ Responsibilities (Inmate Telephone System) 6. Provider’s telephone services and system are provided by way of Provider’s Smart-EVO™ ITS terminals, which will be installed in quantities and at locations that are mutually agreed upon by both parties. 7. Provider shall service and maintain its telephone system and Smart-EVO™ ITS terminals at Provider’s expense, except as otherwise agreed upon herein. 8. Provider shall comply with the Americans with Disabilities Act (ADA) for all equipment it provides. 9. Provider shall provide the Customer an annual review of revenue performance, facility service needs, and expansion requirements and will discuss with the Customer the appropriate action to be taken by Provider at the Customer’s request. Commissions and Payments 10. Provider agrees to pay Customer certain commissions collected from its inmate phone system. Said commission is based upon Customer’s grant to Provider exclusivity for the services described herein, including secure two-way electronic messaging, video visitation, and entertainment. 11. Provider shall make monthly commission payments to Customer in the amount of sixty percent (60%) of revenues generated from all phone calls made on its Inmate Telephone System, regardless of call type or call rate. Provider shall additionally pay Customer 100% of revenue generated from inbound voicemail messages, which are provided at a fixed rate of $1.00 per voicemail. 12. Starting the first month after Provider’s system and services are installed and live, Provider will pay Customer said commission payments on or before the 30th day of the month. 13. Commission schedule is based on rate caps as of the time Provider's proposal was made. To the extent the Federal Communications Commission (FCC) or other governing body changes allowable rates, Provider shall have the right to renegotiate commissions, which the parties agree to do in good faith. Customer’s Responsibilities (Inmate Phone System) 14. Customer agrees to provide adequate space for installation of Provider’s Smart-EVO™ ITS terminals, and easy accessibility for inmate use during the normal operating hours. In the event Customer is not the owner of the premises, Customer shall, where necessary, obtain permission from the building owner or owner’s agent for the placement of the ITS terminals, and shall be responsible for any fees for use of required riser cable and electric power. 15. Customer agrees to maintain the area around the ITS terminals and ensure safe and ready access by inmates. 16. Customer agrees to allow Provider access to perform maintenance during the established hours of accessibility as jointly agreed by the parties, except when access must be denied to ensure the safety of Provider service personnel and/or to maintain institutional control. 17. Customer agrees to allow Provider, with prior written approval of Customer, access to and use of house cable and inside wire at no cost, in order to install and provide telephone service. Any new house cable or inside wire required during the contract term will be at the sole expense of the Provider, unless otherwise negotiated with Customer.