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CONTRACT AMENDMENT
Amendment #3
Original Contract CMS # 25902
Amendment CMS # 63957
1)
PARTIES
This Amendment to the above-referenced Original Contract (hereinafter called the “Contract”) is
entered into by and between Value-Added Communications, Inc., (hereinafter called “Contractor”),
and the STATE OF COLORADO, acting by and through the Department of Corrections, Division of
Correctional Industries, dba CCi Colorado Correctional Industries, (hereinafter called the “State”);
individually they are referred to as a “Party,” and collectively, as the “Parties.”
2)
EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado
State Controller or designee (hereinafter called the “Effective Date”). The State shall not be liable to
pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or
expenses incurred, or be bound by any provision hereof prior to the Effective Date.
3)
START DATE
This Amendment shall take effect on the later of its Effective Date or February 28, 2014 (hereafter, the
“Start Date”).
4)
FACTUAL RECITALS
The Parties entered into the Contract for/to provide inmate telephone services to offenders in the
custody of CDOC. The Parties wish to amend the contract:
a. to extend the term of the agreement;
b. to revise the pricing for telephone services;
c. to update contact information,
d. to add a new provision requiring Contractor to report out-of-state labor, pursuant to
recent legislative requirements;
e. to reconfigure the server environment from a decentralized to a centralized server;
f. to add “Data IQ,” a new investigative data analytical feature;
g. to implement “Offender Connect,” a new mechanism for funding offender
communication services on a pilot, or limited basis; and
h. to implement a TTY video relay solution on a trial, pilot, or limited basis.
5)
CONSIDERATION
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Amendment.
6)
LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments thereto, if any, remain in full force and effect except as specifically modified herein. The
Table of Contents in the Contract is updated to conform to the changes made herein.
7)
MODIFICATIONS.
As of the Start Date hereof, and with prospective effect, the Contract and all prior amendments thereto,
if any, are modified as follows:
a. Term
Delete Section 3. Term and subsection 3.1 of the Contract in their entirety (leaving section 3.2 in
place) and replace with:
“3. Term. This Contract shall become effective on March 1, 2009 (the “Effective Date”) and
shall terminate on February 28, 2016, unless earlier terminated by its terms or extended per
the Holdover provision at §3.2 herein.
“3.1 Reserved.”
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Amendment CMS #63957
b. Rates
Delete the table in subsection 4.1 “RATES AND CHARGES:” in its entirety and replace with:
“
ITS COLLECT CALLS
STANDARD COLLECT
Local
Intra-Lata
Intra-State Inter-Lata
Inter-State
PER CALL CHARGE
$1.50
$1.50
$1.50
$1.50
RATE PER MINUTE
$0.15 All Times
$0.15 All Times
$0.15 All Times
$0.15 All Times
ITS V-CONNECT ADVANCE PAY COLLECT CALLS
COLLECT CALL TYPE
Local
Intra-Lata
Intra-State Inter-Lata
Inter-State
PER CALL CHARGE
$1.25
$1.25
$1.25
$1.50
RATE PER MINUTE
$0.11 All Times
$0.11 All Times
$0.11 All Times
$0.11 All Times
ITS DEBIT CALLS
DEBIT CALL TYPE
Local
Intra-Lata
Intra-State Inter-Lata
Inter-State
PER CALL CHARGE
$1.25
$1.25
$1.25
$1.50
RATE PER MINUTE
$0.10 All Times
$0.10 All Times
$0.10 All Times
$0.10 All Times
”
c. Contact Information for CDOC
In section 15. “Representatives and Notice.”, delete the name “Dennis Diaz” from the section “If
to the CDOC agency controller:”, and replace with the name:
“Lenny Merriam”.
d. Contact Information for Contractor
In section 15. “Representatives and Notice.”, delete the contact information for Contractor,
including email copy information, from the section, and replace with:
“If to Contractor: Value Added Communications, Inc.
Jeffrey B. Haidinger
President and COO
12021 Sunset Hills Road #100
Reston Virginia 20190”.
e. Services Outside the State of Colorado
A new section 37 is added to the Contract, as follows:
“37. Performance Outside the State of Colorado or the United States
“[Not applicable if Contract Funds include any federal funds] Contractor shall provide
written notice to the Colorado State Purchasing Director, 1525 Sherman St., 3d Floor,
Denver, Colorado 80203, with a copy to the State, in accordance with §15 (Representatives
and Notice), within twenty (20) days of the earlier to occur of Contractor’s decision to
perform, or its execution of an agreement with a Subcontractor to perform, Services outside
the state of Colorado or the United States. Such notice shall specify the type of Services to be
performed outside the state of Colorado or the United States and the reason why it is
necessary or advantageous to perform such Services at such location or locations. All notices
received by the State pursuant to this section shall be posted on the Colorado Department of
Personnel & Administration’s website. Knowing failure by Contractor to provide notice to
the State under this section shall constitute a material breach of this Contract.”
f. Data IQ
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Amendment CMS #63957
A new feature is added to the list of ITS Tasks in Exhibit A, Section F. “ITS Tasks:”, to be
located after the “Web Shadow:” feature, as follows:
“Data IQ:
“• Data IQ is an analytical software application which allows investigation to consolidate
data from multiple sources, including inmate telephone calls, jail management system
data, financial transactions, and video visitation sessions, and presents visual and graphical
representations of activity, communications, interrelationships, and links.
“• Training. Contractor shall provide training necessary for Contractor on-site staff to be
able to maintain the Data IQ software. Contractor shall provide training for the IGO staff
authorized to access the Data IQ application.
“• Beginning March 1, 2014, Contractor shall begin implementing Data IQ. Contractor
shall complete the implementation on or before August 31, 2014, including training.”
g. Server Consolidation
A new section 2 is added to Exhibit A of the Contract, as follows:
“2. Centralized Server Environment
“Beginning March 1, 2014, Contractor shall begin centralizing its server operations in one
location, at Contractor’s main server location in Plano, Texas, in lieu of the decentralized
server systems described in Section 1, above. Contractor shall complete the server
centralization on or before December 31, 2015, including providing CDOC staff with any
necessary training on the use of the centralized ITS system.”
h. Offender Connect
A new section 3 is added to Exhibit A of the Contract, as follows:
“3. Offender Connect
“A. Offender Connect is a web-based means for offender friends and family to create
and fund a communications service account managed by Contractor. Offenders then use
the funds in the account to pay for communications services; this mechanism is separate
from existing CDOC managed inmate accounts. Several issues need to be addressed
before pilot implementation on or before December 31, 2014.
“B. CDOC desires to implement Offender Connect in conjunction with the ITS system
functionality, in order to provide offenders with another mechanism for funding their
communication services.
“C. On or before May 31, 2014, CDOC shall provide Contractor with its full list of
functionality requirements for Offender Connect, including restitution accounting and
means of detecting and refunding prohibited funding.
“D. On or before July 31, 2014, Contractor shall provide CDOC with its full list of
specifications for implementing Offender Connect functionality, including CDOC’s
functionality.
“E. Thereafter, the Parties shall confer on implementing Offender Connect on a pilot
basis, with limited functionality or accessibility. Implementation of the pilot shall require
the Parties to amend this Contract to provide for scope, deliverables, and milestones.
“F. Contractor shall provide Offender Connect at no cost to the State.”
i. TTY Video Relay Trial
A new section 4 is added to Exhibit A of the Contract, as follows:
“4. TTY Video Relay
“A. Contractor’s TTY video relay solution functions by transmitting visual and oral
communications between most home or personal PCs, laptops, and tablets (Android or
Apple iOS devices), and Contractor’s TTY video relay equipment placed in a prison
facility, through Contractor’s systems. The Parties expect the TTY video relay to serve
as an effective means of communication as required by or in compliance with federal
law. CDOC intends to utilize TTY video relay for any offender incarcerated within
CDOC to communicate with an outside party approved to communicate with that
offender, where one or both parties utilize sign language as their primary means of
effective communication. The offender can receive the visual and oral communications
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Amendment CMS #63957
by use of receiving, display, and transmitting equipment in the secured prison
environment. All communications are secured. Contractor offers stationary and mobile
TTY video relay equipment for use in the prison facility. The TTY video relay system
includes security functionality to allow CDOC staff to monitor, interrupt, terminate,
track, and record communications.
“B. CDOC intends to implement Contractor’s TTY video relay solution on a trial or
pilot basis, with the installation of one (1) stationary and (1) mobile TTY video relay
station, to be located in Cell House 7, Colorado Territorial Correctional Facility (CTCF),
identified in Contract Table A-1 in Exhibit A, Section 1.A. Several issues need to be
addressed before trial or pilot implementation on or before December 31, 2014.
“C. On or before May 31, 2014, CDOC shall provide Contractor with its full list of
functionality requirements for TTY video relay, including ADA compliance.
“D. On or before July 31, 2014, Contractor shall provide CDOC with its full list of
specifications for implementing TTY video relay system functionality, including
CDOC’s functionality, site requirements, and CDOC hardware obligations (e.g. cabling,
power, etc.).
“E. Thereafter, the Parties shall confer on implementing Contractor’s TTY video relay
solution on a trial or pilot basis in CTCF Cell House 7, with limited functionality or
accessibility. Implementation of Contractor’s TTY video relay solution on a trial or pilot
basis shall require the Parties to amend this Contract to provide for scope, deliverables,
and milestones.
“F. Contractor shall provide the TTY video relay solution at no cost to the State.”
8)
ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the Contract, the
provisions of this Amendment shall in all respects supersede, govern, and control. The most recent
version of the Special Provisions incorporated into the Contract or any amendment shall always
control other provisions in the Contract or any amendments.
9)
AVAILABLE FUNDS
Financial obligations of the State payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, or otherwise made available.
10) COUNTERPART SIGNATURES
This Amendment may be executed in one or more identical original counterparts, each of which is
deemed an original, but all of which together shall constitute one and the same instrument. Further,
each Party agrees to accept signature pages communicated or delivered by electronic means as
originals.
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