Prison Phone Justice

STANDARD CONTRACT FORI.
Goods and Non-Professional Services
1. Agency Contract Number

2. Contract Tille

3. Financial Coding

4. Agency Assigned Encumbrance Number

Inmate Telephone System

DOC106

6. Project/Case Number

5. Vendor Number

7. Alaska Business Ucense Number
286878

2008·2000-7549
This contract Is between the State of Alaska,
Division

8. Department of

Corrections

Administrative Services

hereafter the State, and

9. Contractor
Evercom Systems, Inc.,

a wholly owned

Street or P.O. Box

Mailing Address

hereafter the
Contractor

subsidiary of Securus Technologies. Inc
City

~51 Dallas Parkway, Sixth Floor

State

ZIP+4

TX

750254-7476

Dallas

10.
ARTICLE

1. Appendices: Appendices referred to In this contract and attached to it are considered part of it.

2. PerfomJance of Contract:

ARTICLE

2.1
2.2
2.3
2.4
2.5

1

Appendix A (General Conditions), Items 1 through 17. govern contract performance.
Appendix B sets forth the liability and Insurance provisions of1his contract.
Appendix C sets forth the scope of work/services to be performed by the contractor.
Appendix D sets forth the provisions for payment of commissions to the Department of Corrections.
All terms and conditions contained in Request For Proposals 2008-2000-7549 are considered to be a part of this contract.

ARTICLE

, and
3. Period.of Perfonnance: The period of performance for this contract begins March 15, 2008
endS June 30. 2011 with the option to renew for five addlUona! one year periods. All renewal options to be exercised solely at the
dlsemtlon of tM State of Alaska.

ARTICLE

4. Consfderatlom;:
4.1 The contractor shall pay the State of Alaska, Department of Correctlons(OOC), a commission as outlined in Appendix D of this contract.
4.2 When submitting commission payments to the DOC, the contractor shall refer to the Agency Contract Number and provide a detailed
summary of the payment being made. Commission payments shall be sent to the address in block 11 of this contract document.
Attention: Division of

11. Department of

Administrative SeNices

Corrections
Mailing Address

Attention:

P. O.

Mary Engdahl

Box 112000, Juneau, AK 99811-2000

CONTRACTOR

13.

CONTRACTING AGENCY

DeparlrnentlOlvision
Corrections/Administrative Services

Jack Gregson
Date .

3-/I-Otf
SCF.OOC

(02104106)

~

68/29/2668

11:26

PAGE 62/62

SECURUS TECHNOLOGIES

9722776469

'J

)
1. Agcncrt ContIct Number
IlOC10tll00a-2000-1&4O

STATE OF ALASKA

2. Canlmal T1t~

BILATERAL AMENDMENT TO STANDARD CONTRACT FORM
Goods and Non-Professional services

JDmat.eTelcphona ~

II No

3. Opllonal Renewal? I:J Vet
Roncawal OptIon_of_

4. PlMMitI COding
S. Agency Aasigned Enl:unlbrance NumblIr
&. Amenclmelll No.
ODe

iThII aareement " belWeen the StD of AIrIakL
~. DeperttnefIt CSf

Oornctlaa.. J)J.vWms of~ ~

hefnfterh ala, Mel

a. ContnaeIot

or

EftftlOm .... ~ Inc.. a wbonY o1mllll eu1JldcH8ry 80curua '1'echM1otdee.1'Dc.
lStrItd. at P.O. Bene
IMIRlngMlhl&
14851 DalIu PukwIy. Sid Ploor

9.

~ tile

CIly
DtlDu

Conn_

stata

Z1PCOCIe

TX

'1D84-'7478

TI1II Amendment serves TO:
A. AcId the !oDowiDgGODtnIct lanpl8'll: All calls to the State otAJasa. Publfe Ddmder ApIlCY. 0fIke otPubJic AdvOCllC)' amd
ombwIsmm'lI Ot!IcewiD he '6'eeea114.

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...ALL.Cm:l!ss..:ID_aw:u;&~Iml.BEleumlEJisWIl_
11.

10.

Name Of Arb
Bvercom Syama, &Ie•• wbal110wn0d
• lise.

8Ul»d"" otSeeotaa

J:1epllltmefttlDivision
~rlAdmw~SenieK

4 ••

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...........

411.••--,. . . .

DGC1q612008-2000·7549

APPENDIX Al
GENERAL CONDmONS

I. Inspection and Reports:
The department may inspel:t, in the In/UIftel& aueasonable times it coosiders appropriate, all of the conlraclor's facilities and activities under this contract. The
conlraclor shall make progress and other reports in the manner and at the times the department reasonably requires.
2. Suitable Materials, Ele.:
Unless otherwise speciflCd,all materials, supplies Of equipment offercd-by the contractor shall be new, unused, and of the latest edition, version, model or crop and ofrecent
manufacture.

J. Disputes:
Any dispute arising out ofthis agreement shall be resolved under the laws of Alaska. Any appeal of an administrative order Of any original action to enforce any provision
ofthis agreement or to obtain any relief from or remedy in connection with this agreement may be brought only in the superior court for the State of Alaska.

4. Default:
In case ofdefault by the conttaetor, for any reason whatsoever, the State of Alaska may procure the goods or services from another source and hold the conttaetor
responsible for any resulting excess cost and may seek other remedies under law or equity.
5. No Assignment or Delegation:
The contracror may not l'SSign or delegate this contract, or any part of it, or any right to any of the money to be paid under it, except with the written consent ofthe
Procurement Officer.

6. No Additional Work or MAterial:
No claim for additionaJ supplies or services, not specifICally provided in this contract, performed or furnished by the contractor, will be allowed, nor may the contractor do
any work or furnish any material not coveml by the contract unless the work or material is ordered in writing by the Procurement Officer.
7. Indepeadent Coatnelor:

The contractor and any agents and employees oflbe contractor act in an independent capacity and are not officers or employees or agents ofthe State in the performance of
this contract.
8. Payment of TaleS:
As a condition of performance ofthis conttaet, the contractor shall pay all federal, State, and local taxes incurred by the contractor and shall require their payment by any
Subconttaetor or any other persons in the performance ofthis contract. Satisfactory performance ofthis paragraph is a condition precedent to payment by the State under
this contract.
9. Compliance:

In the performance of this contract, the contractor must comply with all applicable federal, state, and borough regulations. codes, and laws; and be liable for all required
insurance, licenses, penpits and bonds.
10. Coametlng Provisions:
Unless specifically amended and approved by the DepaJ1Jnent of Law the General Conditions of this contrael supersede any provisions in other appendices.
II. Officials Not to RenoOt:

Conttaetor must comply with all applicable federal or State laws regulating ethical conduct of public officers and employees.
12. Connet Prices:

Contrael prices for commodities must be in U.S. funds and include applicable federal duty, brokerage fees, packaging, and transponation cost to the FOB point so that upon
transfer oftille the commodity can be utilized without further cost. Prices for services must be in U.S. funds and include applicable federal duty, brokerage fee. packaging,
and transportation cost llO that the services can be provided without further cost.
13. Contnet Funding:
Contractors are advised that funds are available for the initial purchase and/or the filst term ofthe contract. Payment and performance obligations for succeeding purtbases
and/or additional terms pfthe contract are subject to the aVailability and appropriation ofrunds.
14. Force MAjenre:
(Impossibility to perform) The contractor is not liable for the consequences ofany failure to perform, or default in performing, any of its obligations under this Agreement,
if that failure or default is capsed by any unforeseeable Force MlUeure, beyond the control of. and without the fault or negligence of, the contnlctor. For the purposes of this
Agreement, Force MajeW'll wiD mean war (whether declared or not); revolution; invasion; Insurrection; riot; civil commotion; sabotage; military or usurped power;
lightning; explosion; fire; storm; drought; flood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or
indirectly prohibiting or restricting the fUrnishing or use ofmaterials or labor required; ioability to secure materials, machlnay, equipment or labor because of priority,
allocation or other regulatiom of any governmental awhorities.
15. Contnct Eztenslon:
Unless otherwise provided, the State and the contractor agree: (I) that any holding over ofthe contract excluding any exercised renewal options, will be considered as a
month-to-month extension, and all other terms and conditions shall remain in full force and effect, and (2) to provide written notice to the other party of the intent to cancel
such month-to-month ~ion at least thirty (30) days before the desired dale ofcancellation.
16. Snenablllty:
If any provision of the contract is declared by a court to be illegal or in conflict with any law, the validity ofthe remaining terms and provisions will not be affccaed; and,
the rights and obligations ofthe plU1ies will be construed and enforced as if the contract did not contain the particular provision held to be invalid.
17. Condnulng Obllgadon of Contractor:
Notwithstanding the expiration date ofthis contract, the contractor is obligated to fulfill its responsibilities until warranty, guarantee, maintenance and parts availability
requirements have completely expired.

.oeC106l2ooa-2000-7549
APPENDIXa 1
INDEMNITY AND INSURANCE

Article 1. Indemnification
The Contractor shall indemnifY, hold hannless, and defend the contracting agency from and against any claim of, or liability for
error, omission or negligent act of the Contractor under this agreement. The Contractor shall not be required to indemnifY the
contracting agency for a claim of, or liability for, the independent negligence ofthe contracting agency. If there is a claim of, or
liability for, the joint negligent error or omission ofthe Contractor and the independent negligence of the Contracting agency,
the indemnification and hold hannless obligation shall be apportioned on a comparative fault basis. "Contractor" and
''Contracting agencY', as used within this and the following article, include the employees, agents and other contractors who are
directly responsible, respectively, to each. The term "independent negligence" is negligence other than in the Contracting
agency's selection, administration, monitoring, or controlling of the Contractor and in approving or accepting the Contractor's
work.

Article 2. Insurance
Without limiting Contractor's indemnification, it is agreed that Contractor shall purchase at its own expense and maintain in
force at all times during the performance of services under this agreement the following policies of insurance. Where specific
limits are shown, it is understood that they shall be the minimum acceptable limits. If the Contractor's policy contains higher
limits, the state shall be entitled to coverage to the extent of such higher limits. Certificates of htsurance must be furnished to
the Contracting Officer prior to beginning work and must provide for a 30-day prior notice of cancellation, nonrenewal or
material change ofconditions. Failure to furnish satisfactory evidence of insurance or lapse ofthe policy is a material breach of
this contract and shall be grounds for termination of the Contractor's services. All insurance policies shall comply with, and be
issued by insurers licensed to transact the business of insurance under AS 21.

2.1 Workers' Compensation Insurance: The Contractor shall provide and maintain, for all employees
engaged in work vnder this contract, coverage as reqvired by AS 23.30.045, and; where applicable, any other
statutory obligations Including but not limited to Federal U.S.L. & H. and Jones Act requirements. The policy
must waive subrogation against the State.
2.2 Commercial General Liability Insurance: covering all business premises and operations used by the
Contractor In the ~rformance of services under this agreement with minimum coverage limits of $300.000.
combined single limit per occurrence.
2.3 Commercial ~utomobile Liability Insurance: covering all vehicles used by the Contractor in the
performance of seryices under this agreement with minimum coverage limits of $300,000. combined single limit
per occurrence.

DOCI06I2008-2000-7549

AppendixC
Scope of Work

Evercom Systems, Inc., a wholly owned subsidiary of Securus Technologies, Inc., will provide an Inmate Telephone System
(ITS) to State of Alaska correctional facilities as specified in Request For Proposals (RFP) 2008-2000-7549. All terms and
conditions contained in RFP 2008-2000-7549 and EverconlSecurus Technologies proposal dated January 24, 2008, are
considered to be a part ofthis contract document. In any case where contents of the EvercomlSecurus proposal conflict with the
terms and conditions ofthe RFP, the terms & conditions ofthe RFP and this contract supersede any other provisions (See
Article IO. Append~ A).
The initial contract period will be from March 15, 2008, until June 30, 20 II. with the option to renew for an additional five one
year terms. All terms and conditions will remain the same throughout all contract renewal periods. All renewal options are to
be exercised solely at the discretion of the State of Alaska, Department of Corrections.
The Department of Corrections contracting officer for this contract is Jack Gregson. He can be contacted by phone at 907-4653399. fax at 907-465-2006 or via e-mail atjack.gregson@alaska.gov.

Appendix D
Contract Commission Payments
Commission payments made to the Department of Corrections under this contract will be in computed in accordance with the
commission offer and calculation/payment method outlined on Page 4 of the cost proposal submitted by EvercomlSecurus as a
part oftheir proposal dated January 24. 2008.