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INMATE TELEPHONE AGREEMENT <br />This Inmate Telephone Agreement (the "Agreement") is made as of the by and between <br />Jefferson County Sheriffs Office and BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON (collectively, <br />the "Customer") and Consolidated Telecom, Inc. ("CTEL Telecom"). <br />1. Utilization of Facility. The Customer, for and in consideration of the payment of the Commission (as hereinafter <br />defined) and the services to be provided by CTEL, grants CTEL the exclusive right and license to install and maintain an <br />Inmate Telephone System and inter related hardware and software, inmate pay telephones and inter -related <br />equipment (collectively, the "Equipment") within all facilities owned, operated, or controlled by the customer during <br />the term of this agreement (collectively the "Facility"), upon the terms and conditions set forth in this Agreement. The <br />Customer covenants and agrees to make the Facility available to CTEL for complete installation and operation of the <br />Equipment as soon as possible after the date hereof. <br />During the term of this Agreement, CTEL shall have the right, from time to time, to replace any portions of the <br />Equipment installed at the Facility, or to increase or decrease the number of items of Equipment within the Facility as <br />is mutually agreed upon by the Customer and CTEL The Customer shall provide appropriate locations within the living <br />quarters and day rooms of the Facility for installation of the Equipment, to insure the inmates within the Facility have <br />ready access to the Equipment to allow maximum daily usage thereof. The Customer agrees not to take any action of <br />any kind that would adversely affect the inmates' accessibility to the Equipment and usage thereof, other than as <br />required for the security and operation of the Facility. <br />2. Compensation. In consideration of the right to install and operate the Equipment within the Facility, CTEL agrees to <br />pay the Customer 67.5% commission on all revenue based upon true gross or usage from utilization of the <br />Equipment through calls made by inmates within the Facility (the "Commission"). Gross billable calls are defined as all <br />of the completed billable calls. The Commission shall be paid by CTEL to the Customer on a monthly basis, as set forth <br />in Section 3 below. (See section; item G for specific payment details). <br />3. Payment and Accounting. CTEL agrees to pay the Customer the Commission on a monthly basis, but in no event later <br />than Sixty (60) days following the month in which revenue was generated from the Equipment during the term of this <br />Agreement. Each payment made by CTEL to the Customer will be accompanied by a report showing dates of <br />collection and amounts collected from each pay telephone comprising the Equipment. All commission payments shall <br />be final and binding upon the Customer unless written objection thereto is received by CTEL within thirty days of <br />mailing of the commission payment to Customer by CTEL. <br />4. Licenses. All Licenses required by any state, county, city or other governmental authority shall be secured by CTEL, at <br />its sole cost and expense. <br />5. Title to Equipment. During the term of this Agreement, the Equipment installed in the Facility pursuant to this <br />Agreement shall remain the sole and exclusive property of CTEL. <br />6. Maintenance and Repair. During the term of this Agreement, CTEL shall repair and maintain the Equipment in good <br />operating condition, including without limitation, furnishing all parts and labor, at its sole cost and expense. The costs <br />shall include repairs to Equipment caused by any misuses, destruction, damage, vandalism, criminal actions or facility <br />failures. CTEL will provide continuing and ongoing maintenance to the Equipment at its sole cost and expense, and all <br />such maintenance services will be conducted in a timely manner. The Customer shall permit employees or contractors <br />of CTEL reasonable access to the Facility at all times, in order to service, repair and maintain the Equipment. The <br />Customer shall notify CTEL in writing of any misuse, destruction, damage or vandalism to the Equipment, as soon as <br />practicable after ascertaining same. <br />Liability. In no event shall the Customer be liable for any damage or destruction to any item of Equipment. <br />Initiated by CTEL and Jefferson County Sheriff's Office Page 1 of 3 <br />