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Smart <br />CRRRECTIONS SIMPLIFIED. } wwwsmartcommunications.us (P 800-253-5178 1fl 10491 72^'St. ( Seminole,. FL 33717 <br />intraLATA and interLATA carrier selections for the telephones subject to this Agreement and intended for <br />placement at Customer locations. <br />Smart Communications' Responsibilities (Inmate Telephone System) <br />6. Provider's telephone services and system are provided by way of Provider's Smart-EVO' ITS terminals, which <br />will -be installed in quantities and at locations that are mutually agreed upon by both parties. <br />7. Provider shall service and maintain its telephone system and Smart-EV0_ITS terminals at Provider's expense, <br />except as otherwise agreed upon herein. <br />S. Provider shall comply with the Americans with Disabilities Act (ADA) for all equipment it provides. <br />9. Provider shall provide the Customer an amoral review of revenue performance, facility service needs, and <br />expansion requirements and will discuss with the Customer the appropriate action to be taken by Provider at the <br />Customer's request. <br />Commissions and Payments <br />10. Provider agrees to pay Customer certain commissions collected from its inmate phone system. Said commission <br />is based upon Customer's grant to Provider exclusivity for the services described herein, including secure two-way <br />electronic messaging, video visitation, and entertainment. <br />11. Provider shall make monthly commission payments to Customer in the amount of sixty percent (60%) of <br />revenues generated from all phone calls made on its Inmate Telephone System, regardless of call type or call rate. <br />Provider shall additionally pay Customer 100% of revenue generated from inbound voicemail messages, which are <br />provided at a fixed rate of $ L00 per voicemail. <br />12. Starting the first month after Provider's system and services are installed and live, Provider will pay Customer <br />said commission payments on or before the 30th day of the month. <br />13. Commission schedule is based on rate caps as of the time Provider's proposal was made. To the extent the <br />Federal Communications Commission (FCC) or other governing body changes allowable rates, Provider shall have <br />the right to renegotiate commissions, which the parties agree to do in good faith. <br />Customer's Responsibilities (Inmate Phone System) <br />14. Customer agrees to provide adequate space for installation of Provider's Smart-EVO"ITS terminals, and easy <br />accessibility for inmate use during the normal operating hours. In the event Customer is not the owner of the <br />premises, Customer shall, where necessary, obtain permission from the building owner or owner's agent for the <br />placement of the ITS terminals, and shall be responsible for any fees for use of required riser cable and electric <br />power. <br />15. Customer agrees to maintain the area around the ITS terminals and ensure safe and ready access by inmates. <br />16. Customer agrees to allow Provider access to perform maintenance during the established hours of accessibility <br />as jointly agreed by the parties, except when access must be denied to ensure the safety of Provider service <br />personnel and/or to maintain institutional control. <br />17. Customer agrees to allow Provider, with prior written approval of Customer, access to and use of house cable <br />and inside wire at no cost, in order to install and provide telephone service. Any new house cable or inside wire <br />required during the contract term will be at the sole expense of the Provider, unless otherwise negotiated with <br />Customer. - <br />