Prison Phone Justice

Contract Routihg Number 09CAA00153

CONTRACT
THIS CONTRACT, by and between the State of Colorado for use and benefit of the Colorado Department of
Corrections, P. O. Box 1010, Canon City, Colorado, 81215.;.1010, hereinafter "State or CDOC", and Value
Added Communications, Inc., 3801 East Plano Parkway, Suite 100, Plano, Texas, 75074, hereinafter
"Contractor" or "VACI".

RECITALS:
Pursuant to federal court order and Colorado Revised Statutes ("CRS") § 17-24-126 the state acts as
trustee for the inmate trust fund through which all monies handled under this Contract are managed, and
accordingly no State General fund dollars are expended or become obligated under this Contract; and

Since no state funds are obligated under this Contract it is exempt trom the State's Procurement Code as
well as the State's Fiscal Rules; and

Required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and

The parties intend that this Contract will replace the prior contract, Contract Routing number
07CAA00163 and will terminate that prior contract upon the signature of all parties; and

The State desires that VACI provide Inmate Telephone Services ("ITS") for the term of this Contract;
and

VACI desires to provide such services, subject to the terms conditions and provision of this Contract,
and to derive all of its revenue under this Contract from charges made to inmates for services provided; and

NOW, THEREFORE, it is hereby agreed that in consideration of and subject to the tenns, conditions,
provisions and limitations contained in this Contract, the sufficiency of which is hereby acknowledged, the
State and V ACI agree as follows:

Page 1 of17

TABLE OF CONTENTS

1.

Statement of Work .......................................................................................................................................... 3
1.1.
Inmate Telephone Services .................................................................................................................... 3
1.2.
Inmate Telephone Service (ITS) for Expanded eDOe Facilities and Privately-Managed eDoe
Facilities .............................................................................................................................................................. 3
Permits, Licenses, Rates and Commissions ............................................................................................ 3
1.3.
1.4
Performance Bond ................................................................................................................................... 3
2. Order of Precedence........................................................................................................................................ 4
3. Term ................................................................................................................................................................ 4
4. Payments and Rates ......................................................................................................................................... 4
4.1 RATES AND CHARGES ............................................................................................................................ 4
4.2 COMMISSIONS AND PAyMENTS: ......................................................................................................... 5
4.2.1.
Commissions on ITS Calls: ............................................................................................................. 5
4.2.2.
State Billing Procedures .................................................................................................................. 5
4.2.3.
ITS Commissionable Revenue ........................................................................................................ 6
5. Contractor's Staff. ........................................................................................................................................... 6
6. Security and Access ........................................................................................................................................ 6
7. Legal Authority............................................................................................................................................... 6
8. Warranty.......................................................................................................................................................... 6
9. Intellectual Property Indemnification............................................................................................................. 7
10.
Events ofDefault. ........................................................................................................................................ 8
11.
Remedies ..................................................................................................................................................... 8
12.
Termination................................................................................................................................................. 8
12.1.
Termination without Cause................................................................................................................. 8
12.2.
Termination for Cause ......................................................................................................................... 9
12.3.
Termination for Convenience ............................................................................................................. 9
13.
Transition of Services ................................................................................................................................. 9
14.
Contractor's Insurance Requirements ....................................................................................................... 10
15.
Representatives and Notice ....................................................................................................................... 10
16.
Disputes ..................................................................................................................................................... 11
17.
Assignlnent. ............................................................................................................................................... 11
18.
Force Majeure ........................................................................................................................................... 11
19.
Third Party Beneficiaries .......................................................................................................................... 12
20.
Limitation of State Liability...................................................................................................................... 12
21.
Severability............................................................................................................................................... 12
22.
Waiver ....................................................................................................................................................... 12
23.
Integration of Understanding .................................................................................................................... 12
24.
Survival of Certain Contract Tenns .......................................................................................................... 12
25.
Modification and Alnendment. ................................................................................................................. 12
26.
Confidentiality.......................................................................................................................................... 13
27.
Cooperation ............................................................................................................................................... 13
28.
Tax Exempt Status .................................................................................................................................... 13
29.
Tilne is of the Essence ............................................................................................................................... 13
30.
Compliance with Law ............................................................................................................................... 13
31.
Publicity.................................................................................................................................................... 14
32.
Litigation................................................................................................................................................... 14
33.
Non-exclusivity......................................................................................................................................... 14
34.
Equipment Ownership and Confidentiality of Records ............................................................................ 14

Page 2 of 17

1.

Statement of Work. Contractor agrees to provide ITS services as follows, and as set out in the
attached Exhibit A which is hereby incorporated by reference into this Contract:
1.1.
Inmate Telephone Services. Contractor agrees to provide the ITS by furnishing all work, labor
and materials and perfonning all work required, for the complete and prompt execution of everything
described or shown in the tenns, conditions, specifications and provisions of this Contract.
Inmate Telephone Service (ITS) for Expanded CDOC Facilities and Privately-Managed
1.2.
CDOC Facilities. For any expanded CDOC or privately-managed facilities during the tenn ofthis
Contract, Contractor agrees to bring those expanded facilities into compliance with this Contract as a
fully functioning part of the ITS network. .
1.3.

Permits, Licenses, Rates and Commissions.
1.3.1. Contractor will, at its own expense, obtain all necessary licenses to continue
operating a communication company within Colorado under FCC and Colorado PUC
guidelines, rules and regulations.
1.3.2. Contractor agrees to notify CDOC in writing within ten (l0) days upon detennining that
it may be precluded by a change in Federal, State or local law or regulations from providing the
ITS. Contractor further agrees that, in the event Contractor or any subcontractor is precluded by
applicable law from continuing to provide the ITS, Contractor will reasonably assist CDOC in
identifying another Contractor's system which provides substantially the same features and
functionality as the Contractor-provided system; provided, however, CDOC shall make its own
independent detennination of whether another Contractor's system meets DOC's requirements,
and Contractor shall have no further liability in connection with rendering any such assistance to
CDOC. Upon CDOC's selection of a replacement Contractor, at no cost to the State, Contractor
will reasonably assist CDOC with the conversion from Contractor's system or services, without
unnecessary interruption.
1.3.3. The Statement of Rates and Commissions, Section 4 below, sets forth the per minute
rates and per call surcharges that called parties will be charged (in the case of collect calls) and
calling parties (in the case of debit calls) will be charged under the Inmate Telephone Service.
Section 4 also sets forth the commissions the Contractor shall pay the State as a result of
providing the Services under this Contract. In the event of any law, order, rule, regulation or
other mandate of any Federal, State, or local government agency enacted during the tenn of this
Contract, including any extensions, including but not limited to any Colorado PUC rate caps or
flat fee requirement, which requires Contractor to charge less than Section 4 would otherwise
entitle Contractor to charge users of the ITS, then the Parties will negotiate in good faith 3n
equitable downward adjustment to the commissions payable by Contractor for the ITS, as well as
any other affected tenns, conditions or provisions ofthis Contract.

1.4
Performance Bond. Within ten (10) days after the Effective Date of this Contract, the
Contractor shall provide to the State, at the Contractor's cost, a duly executed perfonnance bond in the
penal sum of Five Hundred Thousand Dollars ($500,000), issued by a surety licensed to do business in
the State of Colorado, and shall maintain such perforn1ance bond for the tenn of this Contract, including
any extensions or renewals. Such bond shall include but not be limited to payment of all commissions
owed to the CDOC by the Contractor but not paid due to Contractor's default.

Page 3 of 17

2.
Order of Precedence. The provisions of this contract shall govern the relationship of the State and
Contractor. In the event of conflicts or inconsistencies between this contract and its exhibits or attachments,
such conflicts or inconsistencies shall be resolved by reference to the following documents, incorporated into
this contract, in the following order of priority:
A.
B.
C.
D.

Colorado Special Provisions, contract pages 16 to 17.
Remainder of this contract, page 1 to 15.
Exhibit A - Statement of Work: Specifications
Exhibit B - Option Letter

3.
Term. This contract shall become effective on March 1, 2009 (the "Effective Date") and shall terminate
on February 29,2012, unless earlier terminated by its tenns or extended per the renewal provision herein.

3.1 The State may require continued performance for a period of two (2) two (2) year options each, for
any services at the terms specified in this contract. The State may exercise its option to renew the
Contract by delivering to the Contractor a written notice, which shall be provided to the Contractor for
the next ensuing renewal period, by written notice to Contractor within sixty (60) days prior to the end
ofthe current contract tenn in a form substantially equivalent to Exhibit B. If the State exercises this
option, the extended contract will be considered to include this option provision. The total duration of
this contract, including the exercise of any options under this section, shall not exceed seven (7) years
plus the Holdover period set out in section 3.2. herein.
3.2. Holdover. In the event that the state agency desires to continue the services and a replacement
contract has not been fully executed by the ending term date of this contract, this contract may be
extended unilaterally by the State for a period of up to two months upon written notice to
Contractor under the same terms and conditions of the original contract including, but not limited
to commissions, rates, and service delivery requirements. However, this extension terminates when
the replacement contract becomes effective.
4.

Payments and Rates.

4.1 RATES AND CHARGES: Per minute rates and per call charges for Local, Intra-lata, Intra-state
Inter-lata and Inter-state collect and debit calls are set forth below. These rates and charges are fixed for the
term of the Contract, including any extensions or renewals, unless otherwise agreed by the parties. International
rates are subject to change and are not set by this contract. During the initial three year tenn of this Contract,
the State and Contractor will perform an annual rate review to determine if any adjustments are necessary.

ITS COLLECT CALLS
Page 4 of17

COLLECT CALL TYPE

PER CALL CHARGE

RATE PER MINUTE

Local

$2.75

$0.23 All Times

Intra-Lata

$2.75

$0.23 All Times

Intra-State Inter-Lata

$2.75

$0.23 All Times

Inter-State

$3.95

$0.89 All Times

ITS V-CONNECT ADVANCE PAY COLLECT CALLS
COLLECT CALL TYPE

PER CALL CHARGE

RATE PER MINUTE

Local

$2.75

$0.18 All Times

Intra-Lata

$2.75

$0.18 All Times

Intra-State Inter-Lata

$2.75

$0.18 All Times

Inter-State

$3.95

$0.59 All Times

ITS DEBIT CALLS
DEBIT CALL TYPE

PER CALL CHARGE

RATE PER MINUTE

Local

$1.25

$0.13 All Times

Intra-Lata

$1.25

$0.13 All Times

Intra-State Inter-Lata

$1.25

$0.13 All Times

Inter-State

$2.00

$0.13 All Times

4.2 COMMISSIONS AND PAYMENTS:
4.2.1. Commissions on ITS Calls: . The CDOC shall collect the revenue from the inmates for
calls made on behalf of the Contractor and for payment to the Contractor. Contractor shall be obligated
to pay to CDOC a percentage of such revenue as a commission equal to forty-three percent (43 %) of the
"ITS Commissionable Revenue" from all ITS Collect and Debit calls under this contract. The
commission due to the CDOC for any voice mail revenue would be 25%. Failure by Contractor to pay
such commission to the CDOC by the due date set out herein shall be deemed to be an event of default
under this Contract.
4.2.2. State Billing Procedures. Contractor shall submit to the State a monthly invoice which
shows the total revenue generated from debit calls and the total commission earned by the State on the
total billable debit and collect placed through the ITS. The obligation owed by or due to the eDOe
inmate trust fund will be the difference between the cost of the inmate phone calls and the commissions
earned for that month. All monthly payments made to the Contractor shall be made by Electronic Funds
Transfer.

Page 5 of 17

4.2.3. ITS Comrnissionable Revenue. "ITS Commissionable Revenue" is the total billable
revenue for all ITS collect and debit calls processed, less:
a.
Taxes, as applicable,
b.
Credits,
c.
Any amount the Contractor collects or otherwise pays to third parties in
support of programs mandated by governmental or quasi-governmental
authorities, such as the Universal Service Fund and the Carrier Access
Charge,
d.
Any amount the Contractor pays to payphone service providers pursuant to
Section 276 of the Telecommunications Act of 1996 ("Section 276") and
the regulations implementing Sections 276, and
e.
Any costs incurred by the Contractor in connection with such compensation
requirements in support of program mandated by governmental or quasigovernmental authorities, including without limitation those of Section 276.
5.
Contractor's Staff. Only designated and approved Contractor Personnel shall work on this contract.
Contractor personnel shall pass CDOC background checks before they will be allowed to work inside CDOC
facilities. Contractor shall screen all designated Contractor personnel to ensure that all such individuals are
fully qualified to work on this contract and, if required by law or ordinance, are validly licensed and/or have
obtained all requisite permits.
6.
Security and Access. Contractor shall provide physical and logical protection for State hardware,
software, applications and data that meet or exceed industry standards. Contractor shall provide the State with
access, subject to Contractor's reasonable access security requirement, seven (7) days a week, 24 hours a day,
for the purpose of inspecting and monitoring access and use of State data and maintaining State systems.
7.
Legal Authority.
Contractor warrants that it possesses the legal authority to enter into this contract and that it has taken all actions
required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this contract and to bind Contractor to its terms. The person(s) executing
this contract on behalf of the Contractor warrant(s) that such person(s) have full authorization to execute this
contract.
8.

Warranty. Contractor expressly warrants that in providing the ITS services:
8.1.

8.2.

8.3.

8.4.

Contractor shall strictly comply with the descriptions and representations as to services and
deliverables (including performance, capabilities, accuracy, completeness, characteristics,
specifications, configurations, standards, functions and requirements) set forth in this contract
and the exhibits hereto. Contractor and Contractor's employees shall perfonn the services and
deliver the deliverables in a timely manner;
The services to be perfonned hereunder shall be perfonned in a workmanlike manner, subject to
the supervision and instructions provided by the State, and consistent with that level of care and
skill ordinarily exercised by other providers of similar services under similar circumstances at
the time Services are provided;
Contractor is the lawful owner or licensee of all software, hardware, methods, methodologies and
any pre-existing Intellectual Property used in the performance of the services and the delivery of
the deliverables contemplated hereunder. The Contractor has the right to pennit the State access
to or use of such software, hardware, methods, methodologies and Intellectual Property;
All software and hardware used to provide the ITS will meet all specifications set forth in this
contract and any documents referenced therein.
Page 6 of17

8.5.

8.6

9.

Contractor will, without charge to the State, correct any defects and make any additions,
modifications or adjustments to any of its ITS equipment used under this Contract as well as
update or revise any software as may be necessary to keep the ITS in operating order in
accordance with specifications at all times during the term of the Contract and it is understood
that the software and equipment is only required to meet the functionality required by this
agreement. '
Contractor will, without charge to the State, provide and update as needed all voice scripting to
meet FCC, PUC and/or any other governing agency requirements.

Intellectual Property Indemnification. Contractor shall pay all applicable royalties and license fees
for any software or other intellectual property utilized in performance of this Contract. Contractor shall
defend, at its sole expense, any claim(s) or suites) brought against the State alleging that the use by the
State of any product(s), or any part thereof, supplied by Contractor under this contract constitutes
infringement of any patent, copyright, trademark, or other proprietary rights, provided that the State
gives Contractor written notice within twenty (20) days of receipt by the State of such notice of such
claim or suit, provides assistance and cooperation to Contractor in connection with such action, and
Contractor has sole authority to defend or settle the claim. Contractor shall consult the State regarding
such defense and the State may, at its discretion and expense, participate in any defense. Should the
State not choose to participate, Contractor shall keep the State advised of any settlement or defense. The
services shall not violate or in any way infringe upon the rights of third parties, including proprietary
information and non-disclosure rights, or any Intellectual Property rights.

Contractor shall have liability for all such claims or suits, except as expressly provided herein, and shall
indemnify the State for all liability incurred by the State as a result of such infringement. Contractor
shall pay all reasonable out-of-pocket costs and expenses, and damages finally awarded by a court of
competent jurisdiction, awarded or agreed to by Contractor regarding such claims or suits.
If the product(s), or any part thereof, become the subject of any claim, suit or proceeding for
infringement of any patent, trademark or copyright, or in the event of any adjudication that the
product(s), or any part thereof, infringes any patent, trademark or copyright, or if the sub-license or use
of the product(s), or any part thereof, is enjoined, Contractor, after consultation with the State, shall do
one of the following at Contractor's expense: (i) produce for the State the right under such patent,
trademark or copyright to use or sub-license, as appropriate, the product or such part thereof: or (ii)
replace the product(s), or part thereof, with other suitable products or parts confonning to the original
license and State specifications; or (iii) suitably modify the products, or part thereof or (iv) tenninate
provision of the affected Service(s) and/or tenninate this Contract.
Contractor shall have no obligation to defend against or to pay any costs, damages or attorney's fees
with respect to any claim based upon: (i) the use of an altered release if Contractor had not consented to
the alteration, or (ii) the combination, operation or use of the product(s) with programs or data which
were not furnished by Contractor, if such infringement would have been avoided if the programs or data
furnished by persons or entities other than Contractor had not been combined, operated or used with the
product(s), or (iii) the use of product(s) on or in connection with equipment or software not permitted
under this contract if such infringement would have been avoided by not using the product(s) on or in
connection with such other equipment or software.
If and to the extent such damage or loss as covered by this provision is covered by the State of Colorado
Tort Claims Fund (the "Fund"), Contractor agrees to reimburse the Fund. To the full extent pennitted by
the Constitution and the laws of the State of Colorado and the tenns of the Fund, Contractor and its
insureds waive any right of subrogation against the State of Colorado, the indemnities and the Fund and
insurers participating thereunder, to the full extent of this indemnification.
Page 7 of17

These provisions set forth the sole and exclusive remedy of the State, and the entire obligation and
liability of the Contractor, as to any claim or proceeding alleging infringement or misappropriation of
third party intellectual property or proprietary rights in connection with this Contract.

10.

Events of Default. Any of the following events shall constitute an event of default ("Event of Default")
hereunder: (i) Contractor's failure to pay any commission payment when due; (ii) Contractor's failure to
perform or observe any covenant, condition, or obligation to be performed or observed hereunder, or breach in
any document furnished to State in connection herewith, and such failure or breach continues unremedied for a
period of forty-five (45) days after written notice thereof from State; (iii) the State's determination that any
statement, representation, or warranty made by Contractor in this contract or in any other document by
Contractor in connection herewith is false, misleading or erroneous in any material respect; or (iv) the
institution of proceedings under any bankruptcy, insolvency, reorganization or similar legislation, by or against
Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, and such
proceedings or appointments are not vacated or fully stayed within sixty (60) days after the institution or
occurrence thereof; (v) default in the payment or performance of any other liability, indebtedness, contract, or
other obligation of Contractor, Contractor shall, within thirty (30) days of receipt of notice, cure such
performance; or (vi) the failure of Contractor or Contractor's employees to comply with any of the obligations
of Section 1 above; (vii) loss of total service affecting greater than or equal to 20% or more of one location or of
anyone area within a facility for more than 5 days; (viii) any system functionality or programming issue which
causes errors affecting inmate account balances or call rating for more than 24 hours.
11.
Remedies. In addition to any other remedies provided for in this contract, and without limiting its
remedies otherwise available at law, the State may exercise the following remedial actions if Contractor
substantially fails to satisfy or perform the duties and obligations in this contract. Substantial failure to satisfy
the duties and obligations shall be defined to mean significant insufficient, incorrect, improper performance,
activities, or inaction by Contractor. These remedial actions are as follows:
11.1. Suspend Contractor's perfonnance pending necessary corrective action as specified below by the
State without Contractor's entitlement to adjustment in price/cost or schedule; and/or
11.2. Withhold any payment due to Contractor until the necessary services or corrections in
performance are satisfactorily completed and/or acceptable goods are provided; and/or
11.3. Request the removal from work on this contract of employees or agents of Contractor whom the
State justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable, or whose continued employment on this contract the State deems to be contrary to
the public interest or not in the best interest ofthe State; and/or
11.4. Terminate this contract for default.
The above remedies are cumulative and the State, in its sole discretion, may exercise any or all
ofthem individually or simultaneously.
12.

Termination.
12.1. Termination without Cause. Either party shall have the right to terminate this Contract by
giving the other party ninety days notice by mail. If notice is so given, this Contract shall terminate on
the expiration of the ninety days, and the liability of the parties hereunder for the further perfonnance of
the terms of this Contract shall thereupon cease, but the parties shall not be relieved of the duty to
perfonn their obligations up to the date of tennination. Notwithstanding such tem1ination, all tenns and
conditions of this Contract which may require continued obligation or compliance beyond the
tennination date of the Contract shall survive such termination.
Page 8 of 17

12.2. Termination for Cause. If, through any cause, Contractor shall fail to fulfill, in a timely and
proper manner, its obligations under this contract, or if Contractor shall violate any of the covenants,
agreements, or stipulations of this contract, the State shall have the right to terminate this contract for
cause. The State shall notify Contractor of Contractor's unsatisfactory performance of any term or
condition of this contract by giving Contractor written notice of the specific obligation this contract has
performed unsatisfactorily. The State shall give such notice in accordance with the terms of the
applicable Perfonnance Bond. Contractor shall, within thirty (30) days of receipt of such notice, cure
such unsatisfactory performance. If Contractor fails to cure its unsatisfactory performance within such
thirty (30) day period, the State may, within its sole discretion, either extend the period within which
Contractor may cure its performance by providing written notice of the specific extension period to
Contractor, or immediately terminate this contract by providing written notice of termination to
Contractor. In the event of termination, all data to include call records, financial reports and anonymous
incident reporting server records and recording, and call recordings, become State property. This
provision shall in no way limit other remedies available to the State in this contract, or remedies
otherwise available at law.
Notwithstanding the above, Contractor shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of this contract by Contractor, and the State may withhold
any payment to Contractor for the purpose of mitigating its damages until such time as the exact amount
of damages due to the State from Contractor is determined.
The State may immediately terminate this contract by providing written notice of termination
Contractor if Contractor's representative furnished any statement, representation, warranty,
certification in connection with the solicitation or award of this contract which is materially false,
deceptive. The State will not be liable for any costs incurred by Contractor if termination is for any
these causes.

to
or
or
of

If after such termination it is determined, for any reason, that Contractor was not in default, or that
Contractor's action/inaction was excusable, such termination shall be treated as a tennination for
convenience, and the rights and obligations of the parties shall be the same as if this contract had been
terminated for convenience, as described herein.
Contractor's Duties: Notwithstanding termination of the Contract hereunder and subject to any directions
from the State, the Contractor shall take timely, reasonable and necessary action to protect and preserve
property in the possession of the Contractor in which the State has an interest. The parties acknowledge,
however, that this is not a purchase Contract, and no State general fund dollars are to be expended by
way of this Contract.
12.3. Termination for Convenience. The State may tenninate this Contract should circumstances
occur which remove the governmental power to fulfill the State's obligation under this Contract. The
State shall give not less than ninety (90) days prior written notice of the tennination to the Contractor
and specify the date upon which tennination becomes effective. Contractor shall remain liable to the
State for all commissions accruing up to the date Contractor's will cease.
Transition of Services. Upon expiration or earlier tennination of this contract or any Services provided
13.
hereunder, Contractor shall cooperate fully with the State or such replacement provider and promptly take all
steps required to assist in effecting a complete transition, including negotiating in good faith with the
replacement provider for the sale of the Contractor's ITS related equipment contained within the CDOC's
facilities. However, the Contractor shall not be obligated to sell any ITS related equipment which is the subject
of an IP infringement claim. All services related to such transition shall be performed at no additional cost to the
State.
Page 9 of17

14.
Contractor's Insurance Requirements.
Contractor shall obtain, and maintain at all times during the term of this contract, insurance in the following
kinds and amounts:
14.1. Workers' Compensation Insurance as required by state statute, and employer's Liability
Insurance covering all of Contractor's employees acting within the course and scope of their
employment.
14.2. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows:
a.
b.
c.
d.

$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 products and completed operations aggregate; and
$50,000 anyone fire.

If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Contractor
shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the
State a certificate or other document satisfactory to the State showing compliance with this
provision.
14.3. Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos)
with a minimum limit as follows: $1,000,000 each accident combined single limit.
14.4. The State of Colorado shall be named as additional insured on the Commercial General Liability
and Automobile Liability Insurance policies. Coverage required of this contract will be primary
over any insurance or self-insurance program carried by the State of Colorado.
14.5. The Insurance shall include provisions preventing cancellation or non-renewal without at least 45
days prior notice to the State by certified mail.
14.6. All policies evidencing the insurance coverages required hereunder shall be issued by
insurance companies satisfactory to the State.
14.7. Contractor shall provide certificates showing insurance coverage required by this contract to the
State within 7 business days of the effective date of this contract, but in no event later than the
commencement of the services or delivery of the goods under this contract. No later than 15 days
prior to the expiration date of any such coverage, Contractor shall deliver the State certificates of
insurance evidencing renewals thereof. At any time during the term of this contract, the State
may request in writing, and Contractor shall thereupon within 10 days supply to the State,
evidence satisfactory to the State of compliance with the provisions of this section.
15.

Representatives and Notice.
For the purpose of this contract, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in
writing new or substitute representatives without any requirement to amend this Contract. All
notices required to be given under this contract shall be hand delivered or sent by certified or
registered mail to the individuals at the addresses set forth below or to such other addresses
that the parties may specify in writing from time to time. Any such notice shall be deemed to
have been received when delivered, if delivered in person, or five days subsequent to deposit
in the U.S. mail, properly addressed to the recipient with appropriate postage affixed thereto.
Ifto the CDOC:

Colorado Department of Corrections
Colorado Correctional Industries
Page 10 of 17

Attn: Steve Smith
2862 South Circle Drive, Suite 400
Colorado Springs, CO 80906

If to the CDOC agency controller:

Dennis Diaz
Colorado Department of Corrections
P.O. Box 1010
Canon City, CO 81215-1010

If to the Contractor:

Value Added Communications, Inc.
Attn: Mark Turner, President
3801 East Plano Parkway, Suite 100
Plano, Texas, 75074

/ZG- JJIj" c..-rED

With email copy '0:

16.
Disputes. Except as herein specifica1ly provided otherwise, disputes concerning the performance of this
contract which cannot be resolved by the designated contract representatives shall be referred in writing to a
senior departmental management staff designated by the State and a senior manager designated by Contractor.
Failing resolution at that level, disputes are governed by the administrative process found in eRS § 24-109-101
et. seq. and as subsequently amended.
17.
Assignment. Contractor agrees not to assign rights or delegate duties under this contract or subcontract
any part of the perfonnance required under this contract without the express written consent of the State, which
shall not be unreasonably withheld. Such consent may include, at the State's sale discretion: 1) the execution by
the State, Contractor and the assignee of a Novation Agreement in a form prescribed by the State, which
Novation Agreement will become effective upon State approval or 2) verification by the State of the
assignment. Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns. This provision shall not be construed to prohibit
assignments of the right to payment to the extent permitted by CRS § 4-9~318, provided that written notice of
assignment of payment adequate to identify the rights assigned is received by the controller for the agency,
department, or institution executing this contract. Such assignment shall not be deemed valid until receipt by
such controller - as distinguished from the State Controller - at the address listed in paragraph 15 above.
Contractor assumes the risk that such written notice of assignment is received by the controller for the agency,
department, or institution involved.
18.
Force Majeure. Neither Contractor nor the State shall be liable to the other for any delay in, or failure
of performance of, any covenant or promise contained in this contract, nor shall any delay of failure constitute
default or give rise to any liability for damages if, and only to fue extent that, such delay or failure is caused by
fire, explosion, action of the elements, strike, interruption of transportation, government interference, rationing,
court action, illegality, or any other cause which is beyond the control of the party affected and which, by the
exercise of reasonable diligence, could not have been prevented by the party affected {"Force Majeure Event"}.
The existence of such causes of delay or failure shall extend the period for perfonnance to such extent as may
be necessary to enable the complete perfonnance in the exercise of reasonable diligence after the causes of
delay or failure have been removed. Nothing in this paragraph shall prevent the State from covering its
requirements from another Contractor during the period of delay. If a Force Majeure Event continues for more
than thirty (30) days, the State may terminate this contract in accordance with the provision of Section 12
hereof, without additional liability. Force majeure shall not relieve the Contractor's obligation to pay

Page 11 of1?

commissions to the CDOC as required in section 4 herein, but may be grounds to delay payment of such
commissions.
Third Party Beneficiaries. It is expressly understood and agreed that the enforcement of the terms and
19.
conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the
State and Contractor. Nothing contained in this contract shall give or allow any claim or right of action
whatsoever by any other third person. It is the express intention of the State and Contractor that any such person
or entity, other than the State or Contractor, receiving services or benefits under this contract shall be deemed an
incidental beneficiary only.
20.
Limitation of State Liability. Notwithstanding anything herein to the contrary, no term or condition
shall be deemed a waiver of any provision of the "Colorado Governmental Immunity Act, CRS § 24-10-101 et
seq., as now or hereafter amended ("Immunity Act"), nor of the Risk Management self-insurance statutes at
CRS § 24-30-1501, et seq., as now or hereafter amended ("Risk Management Act"), state employee Qualified
Immunity under federal law, the Eleventh Amendment of the U.S. Constitution, as well as any other applicable
state or federal law or regulation. The parties understand and agree that the liability of the State of Colorado, its
departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions
of the Immunity Act and the Risk Management Act. Any provision of this contract, whether or not incorporated
herein by reference, shall be controlled, limited, and otherwise modified so as to limit any liability of the State
to the above cited laws. In no event will the State be liable for any special, indirect, or consequential damages,
even ifthe State has been advised of the possibility thereof.
21.
Severability. To the extent that this contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of this contract, the terms of this contract are severable, and
should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or
failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term
hereof shall not be construed as a waiver of any other term, or the same tenn upon subsequent breach.
22.
Waiver. Any breach, default, or failure to perform any term or condition of this contract shall not be
deemed waived or released by a party's silence, and any such waiver or release shall not be effective unless
made in writing by an authorized representative of the party making the waiver. The waiver of any term or
provision of this contract shall not constitute waiver of a future breach, default or failure to perform for the
waived term or provision, unless expressly provided in the written waiver. The waiver of any tenn or provision
of this contract shall not constitute waiver of any other tenns or provisions of this contract not specifically
addressed in the written waiver.
23.
Integration of Understanding. This contract is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or effect unless embodied herein in writing. No subsequent novation, renewal, addition,
deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract
executed and approved pursuant to State Fiscal Rules.
24.
Survival of Certain Contract Terms. Notwithstanding anything in this contract to the contrary, the
parties understand and agree that all tenns and conditions of this contract which may require continued
perfonnance, compliance, or effect beyond the tennination date of this contract and shall survive such
termination date and shall be enforceable by the State as provided herein in the event of failure to perfonn or
comply by Contractor.
25.
Modification and Amendment. This contract is subject to such modifications as may be required by
changes in Federal or State law, or their implementing regulations. Any such required modification shall
automatically be incorporated into and be part of this contract on the effective date of such change as if fully set
Page 12 of17

forth herein. ExceJt as provided above, no modification of this contract shall be effective unless agreed to in
writing by both patties in an amendment to this contract that is properly executed and approved in accordance
with applicable laJ[
26.
Confidenti lity. Contractor acknowledges that it may come into contact with confidential infonnation
contained in the rebords of the State. Contractor shall provide and maintain a secure environment that ensures
confidentiality. ThJ confidentiality of all information will be respected, and no confidential information shall be
distributed or SOldr any third party nor used by Contractor or Contractor's assignees and / or subcontractors in
any way except as authorized by this contract. Confidential information shall not be retained in any files or
otherwise by Con actor. Disclosure of such information may be cause for legal action against Contractor.
Defense of any suc action shall be the sole responsibility of Contractor.
27.
cooperatiJn. In the event that the State has entered into or enters into agreements with other
contractors or gjernment institutions for additional work related to the Services provided hereunder,
Contractor agrees 0 cooperate fully with such other parties. Contractor shall not commit any act that will
interfere with the ork performed by any third party as set forth herein.

Exem~t

28.
Tax
Status. It is hereby recognized and acknowledged by Contractor that the State of
Colorado is tax-exlempt and is not liable for any sales, use, excise property or other taxes imposed by any
federal, state or lo¢al government tax authority. The State of Colorado's FEIN # is 840644739 . The State of
Colorado tax exenb.ption number is 98-02565 . The State is also not liable for any taxes of Contractor for
franchise or related to the income of Contractor. No taxes of any kind shall be charged to the State.
Time is of the Essence. Time is of the essence with regard to performance of any service or the
29.
delivery of any del verable under this contract, unless the parties agree otherwise in writing.
30.
Complianc with Law. Contractor shall adhere strictly to and comply with all applicable Federal,
State, and LocallaFs, statutes, regulations, and executive orders, as they currently exist and may hereafter be
amended, which are incorporated herein by this reference as terms and conditions of this contract. Contractor
also shall, and sha~l require its employees to, comply with all applicable State policies and standards in effect
during the perform~nce of this contract, including but not limited to policies and standards relating to personnel
conduct, security, ~afety, confidentiality and ethics. Contractor shall obtain and maintain, and shall cause its
subcontractors to bbtain and maintain all approvals, pennissions, pennits, licenses, and other forms of
documentation reqtired in order to comply with all applicable foreign or domestic laws, rules or regulations.
Certain equipment,1 software and technical data which may be provided hereunder may be subject to export and
re-export controls tnder the U.S. Export Administration Regulations and/or similar regulations of the U.S. or
any other country. I Contractor shall be responsible for complying with all export and re-export laws and
regulations includidg without imitation, (i) local license or permit requirements, (ii) export, import and customs
laws and regulatio~s (such as the export and re-export controls under US Export Administration Regulations
and/or similar regulations of the US or any other country) which may apply to certain equipment, software and
technical data provtded hereunder, and (iii) all applicable foreign corrupt practices acts.
This Contract is m de under and governed by the law of the State of Colorado, which shall be applied to the
interpretation, execttion and enforcement of this Contract. Any legal action commenced to enforce any right or
obligation of this Jontract shall only be commenced in Federal or State courts located in Denver cou.nty in. the
State of Colorado. The State recognizes that Contractor, in conducting its business in the manner set forth
herein, is also subj ct to the Communications Act of 1934, as amended, and as interpreted and applied by the
Federal Communicktions Commission (collectively, the Act). In the event any rates or charges set fOlih in or
contemplated by Sclction 4, above, require a tariff or other regulatory filing, such rates or charges shall not be
effective until the F C or State PUC, as applicable, grants any necessary approval.
Page 13 of 17

31.
Publicity. Contractor shall not release without the State's prior written approval any publicity regarding
the program or Services provided herein, including but not limited to, notices, information, pamphlets, press
releases, research, reports, signs and similar public notices prepared by or for Contractor, identifying the State
of Colorado, the State agency receiving goods or services under this contract; however, Contractor may
reference this contract in proposals for other contracts without the State's approval.
32.
Litigation. Contractor shall, as soon as possible but not later than five (5) business days after being
served with a summons, complaint, or other pleading in a case which directly involves Products or Services
provided by Contractor to the State under this contract and which has been filed in any Federal or State court or
administrative agency, deliver copies of such documentation to the State's representatives listed in section 15
above.
33.
Non-exclusivity.
This contract is entered into solely for the convenience of the State of Colorado, and in no way precludes the
State or any of its user agencies from obtaining like services from other suppliers.
34.

Equipment Ownership and Confidentiality of Records.
34.1. The CDOC agrees and acknowledges that all telephone instruments, system equipment, recording
equipment, software and fixtures, including printers, modems, computers (as inventoried to
Contractor) and supplies installed or furnished by Contractor in order to perform the Services, shall
remain the sole and exclusive property of the Contractor, third party manufacturers, or the
contractor's subcontractor(s) or Licensor(s), as applicable. The Contractor agrees to provide and
maintain computer hard drive space in such size and quantity, as is necessary to hold ITS call
recordings including completed calls for a minimum of tenn of the contract and incomplete calls
for sixty (60) days. Such recordings shall be accessible on site at the server or on hard disk. The
Contractor acknowledges that the content of such recordings, and the recording media on which
the recordings are located, shall be the property of CDOC and the tapes or other recording media
will be turned over to CDOC upon the expiration or tennination of the Contract, with no claim
from Contractor. Any intellectual property contained on such media which belongs to the
Contractor shall remain the property of the Contractor even though the Contractor will allow
possession of the intellectual (proprietary) property to remain with the CDOC and the CDOC shall
not disclose or attempt to provide a license or otherwise transmit this property to any other third
party. Call Detail Records (CDR) will be stored and accessible to CDOC for a minimum of term
of the contract.
34.2. In the event the Contractor shall obtain access to any records or files of the State in connection
with this Contract, or in connection with the performance of its obligations under this Contract,
which records, files or other information are designated as confidential by the State, by markings,
written notice to the Contractor, or other appropriate means, then the Contractor shall keep such
records and infonnation confidential and shall comply with all laws and regulations concerning the
confidentiality of such records. The Contractor shall notify its employees that they are subject to
the confidentiality requirements as set forth above, and shall provide each employee with a written
explanation ofthe confidentiality requirements before the employee is permitted access to
confidential data.
34.3 Nothing herein is intended or shall operate as a waiver of any applicable law goveming disclosure
of records, including the Colorado Open Records Act, CRS § 24-72-101 et seq. The State agrees
to provide the Contractor with prompt written notice of requests for disclosure under such laws of
any Contractor infonnation within the scope of this clause.

Page 14 of 17

SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.

1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has
been approved by the Colorado State Controller or designee.

2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations ofthe State payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims
Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent
contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed
to be an agent or employee ofthe State. Contractor and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance
benefits will be available to Contractor and its employees and agents only if such coverage is made available by
Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes
and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein.
Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (b) provide proofthereofwhen requested by the State, and (c) be
solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State
laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void.
Any provision incorporated herein by reference which purports to negate this or any other Special Provision in
whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint,
defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not
invalidate the remainder ofthis contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding
arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated
herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other
public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of
computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby
certifies and warrants that, during the tenn of this contract and any extensions, Contractor has and shall
maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Contractor is in violation of this provision, the State may exercise any remedy available at law
or in equity or under this contract, including, without limitation, immediate termination of this contract and any
remedy consistent with federal copyright laws or applicable licensing restrictions.

Page 15 of17

9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and
24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Contractor's services and Contractor shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to
intergovernmental agreements] Subject to CRS §24..,30-202.4 (3.5), the State Controller may withhold payment
under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support
debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS
§39-2l-l 01, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to
the State as a result of final agency detennination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer,
issuance, or sale of securities, investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and services] Contractor certifies,
warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this
contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this contract, through participation in the E-Verify Program or the Department program
established pursuant to CRS §8-17.5-1 02(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job
applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within.
three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for
work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with
the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the
course of an investigation, undertaken pursuant to CRS §8-17.5-1 02(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State
agency, Institution of Higher Education or political subdivision a written, notarized affirmation,affirming that Contractor has
examined the legal work status of such employee, and shall comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-1 01 et seq., the contracting
State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so
terminated, Contractor shall be liable for damages.
12.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen
(18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise
lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et
seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this
contract.

Revised 1-1-09
Contract Routing Number

09CAA00153

THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
~ Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.

Page 16 of 17

CONTRACTOR
Value Added Communications, Inc
By: Mark Turner
Title: President/COO

~i/z75/Q

STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
Colorado Department of Corrections

,-,2...
7

~.

.>

.p.~~" By: Ari Zavaras, Executive Director

~ ~gnature

Date:

3/2-/'7
i

Date:

(/

LEGAL REVIEW
John W. Suthers, Attorney General

2nd Contractor Signature if Needed
By: N arne of Authorized Individual
Title: Official Title of Authorized Individual
By:

Signature - Assistant Attorney General

*Signature
Date:
Date:

ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER

CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated
below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor
begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any
goods and/or services provided hereunder.

STATE CONTROLLER

By: __________~~~~~~~~--------------

Page 17 of 17

Contract Routing Number 09CAAOOI53

EXHIBIT A
STATEMENT OF WORK
SP,ECIFICATIONS FOR
INMATE TELEPHONE SYSTEM (ITS)

1.

ITS EQUIPMENT FEATURES AND SPECIFICATIONS

A.
Base System Overview. The Contractor will provide all ITS equipment at all sites
where ITS is currently installed, replacing or upgrading as necessary equipment, software, or
any other necessary component to provide the most current version of the VACI Focus
System in the CDOC facilities and privately-managed correctional facilities. The Contractor
shall also during the initial term of this contract install the ITS in all new or expanded
facilities as directed by CDOC. Due to changes in facilities, facility expansions
configurations and system usage, some sites will require more or less equipment than is
currently installed at certain sites. See Table A-I, below, for current installation.
The Contractor will continue to provide the V AC Focus System where currently installed and
install the V AC Focus System at all CDOC and privately-managed correctional facilities as
directed by the CDOC. The VAC Focus System, ITS, will both offer hybrid functionality,
providing Collect and Debit calling platfonns; Local, IntraLata, InterLata, InterLata
InterState and InterState calling capability as well as Debit Intemational calling capability.
If the performance of any component of the ITS at any time consistently performs at below
acceptable CDOC and/or industry standards due to usage or age, or any other cause, that
component will be replaced or upgraded, as necessary, by the Contractor to meet acceptable
CDOC and/or industry standards.

Page I of28

TABLE A·1 EQUIPMENT BY SITE

SITE

CAMPUS

Arkansas Valley (AVCF)
Arrowhead (ACC) [CMC]

East Canon (ECAN)

PHONE
SETS

MINIMUM
LINES

WORK·
STATIONS

73

73

4

26

26

1

Bent County (BCCF)

56

56

3

Buena Vista (BVCF)

54

52

3

Brush (BCF)

11

11

2

Territorial (CTCF)

0

1

4

ECAN

21

21

1

Canon CID
Centennial (CCF)
Cheyenne Mountain (CMRC)
Colorado Women's (CWCF)

123

123

2

ECAN

11

21

1

9

9

1

CTCF
Pueblo Complex
ECAN

0

1

6

48

24

2

Golden (CCC)
Canon Admin HQ
CMHIP
Colorado State Penitentiary (CSP)

LINE
EXPANSION

INSTALLATION
SCHEDULE

NOTES

10

9 outside phone booths
....;;;

....

CSPII

ECAN

;. ;

Crowlev County (CCCF)

123

123

3

Delta (DCC)

28

32

2

Denver Reception (DRDC)

Denver (DRDC)

34

56

3

Denver Women's (DWCF)

DRDC

85

96

2

0

0

7

DOC Colo Spgs HQ
Four Mile (FMCC) rCMC]

ECAN

26

27

1

Fremont (FCF)

ECAN

67

70

1

Ft Lvon (FLCF)

31

31

3

Huerfano County (HCCF)

45

45

3

Kit Carson (KCCF)

37

37

3

Limon (LCF)
LaVista (LVCF) [old YOS/PMC]
PuebioCID

55

56

3

Pueblo (PMC)

12

12

2

PMC

0

0

3
2

Rifle (RCC)
San Carlos (SCCF)
Skvline (SCC) rCMCl

10

16

PMC

19

19

1

ECAN

13

13

1

135

144

6

47

48

1

Sterling (SCF)
Territorial (CTCF)

CTCF

Page 2 of28

88 Dedestals/5 rollinQ

12

10

15

4

5 sets State Hospital

---------

I--t--

-f--

I--t--

B.
Centralized Database Server Configuration. The VAC FOCUS ITS platfonn will
provide redundant database servers and related equipment to be housed and maintained at the
Central Operations Facilities (COF) located in Canon City and Colorado Springs, Colorado,
and Plano, Texas, for all CDOC and designated privately-managed correctional facilities.
The servers are capable oflong-tenn sustainable perfonnance and are scalable to
accommodate system expansions.
The servers have redundancy capabilities incorporated within the design to store inmate
database and call records. Inmate database and call records include, but are not limited to,
inmate PIN/allowed call list, databases, history of accounts and call detail record reports of
all traffic.
The database for each server will be configured with a maximum storage of a minimum of
tenn of the contract inmate infonnation and call records. This infonnation will be stored on
a RAID array. RAID storage technology shall also be used where critical data (e.g., financial
reports, banking records) will be securely maintained and retrievable in case of disk failure.
Any other proposed storage methods for this infonnation must meet the approval of CDOC.
Each database will be cOlmected to the on-site Focus Systems, as well as the administrative,
investigative and monitoring workstations, via Contractor-provided and maintained close
secure Frame Relay wide area network (WAN), local area network (LAN) or private virtual
network (PVN).

C.
On-Site Inmate Telephone System (ITS) Servers. ITS imnate call processing,
recording and monitoring servers will be located at pre-detennined CDOC and privatelymanaged correctional facilities. The on-site ITS servers will provide the facilities call
processing, local inmate infonnation storage, and the recording and monitoring functions.
All inmate telephones (to include TTY units and cordless phones, as required by CDOC)
administrative and investigation workstations, outgoing voice and data circuits will be
networked through the ITS servers. Each ITS server will store a minimum of tenn of the
contract of completed call recordings and six months of call attempt recordings for rapid
access and retrieval by CDOC personnel and two years of call detail records, as follows:
The servers that VAC will be replacing or upgrading will be built to hold tenn of the
contract of completed call recordings and six months of call attempt recordings. The CDR's
will be kept for the same period.
Each unit has its own battery backup uninterruptible power supply (UPS) incorporated into
the design, which allows for a period of time that the system can be shutdown systemically in
the event power is not immediately restored.
On-site ITS servers will be located at pre-detennined CDOC, privately-managed facilities
and new or expanded facilities as noted in Table A-Ion page 2 of this Statement of Work.
Each ITS site server will be connected to the centralized database servers via the Contractor
provided Frame Relay WAN. Each server will be configured for sufficient input and output

Page 3 of28

capacity to handle the anticipated level of validation and call processing transactions imposed
by the inmate population for that specific site. If the input and/or output capacity is found to
be insufficient to provide, a commercially reasonable standard the Contractor will make the
necessary adjustments to meet CDOC's commercially reasonable expectations. Each on-site
ITS will function independently and not be dependent on the centralized database servers to
process calls except as agreed to by both parties.
The following equipment will comprise the on-site ITS server configurations, at a
minimum, or as each site requires:
•
•
•
•
•

Digital Network eXchange (DNX) or Equivalents, where applicable
Channel Bank, where applicable
Routers
Intelligent Switches or Hubs
Surge Protectors and UP S

On-site Equipment Summary, at a minimum or as each site requires:
•
•
•
•
•

•
•
•
•
•
•
•
•
•
•

Controller (Focus)
Site Server: to include RAID Storage for CDR
Network Switch or Hub
Routers as applicable
Administrative and Investigative Workstations (to include at a minimum: Intel
Pentium Processors, writeable CD-ROM, Sound Cards, Speakers, Keyboard,
Mouse, Headphones, Printer, Floppy Drive, 1011 00 Network Card).
Admin HQ Networked Printer of sufficient size to handle printing of
Reconciliation Reports
Admin HQ Network Analyzer of sufficient display size for long distance
viewing
UPS/Surge Protector
Remote Power Boots
Modem Switch Box
Remote Access Dialing (where available)
Media Converters, where applicable
T-I's
Adtrans T-I 's
Analog Lines, as applicable

D.
Basic VAC System, operational features and performance
specifications:
•

On-Site Recording: Automatic recording of all calls made from the inmate
telephone system unless specified by the CDOC. Recording begins at no later
than the moment the call connects to the outside Public Service Telephone
Network (PSTN) line.

Page 4 of28

•
•

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Call Blocking: System will allow CDOC the ability to block recording of select
calls, such as pre-approved attorney telephone numbers.
Inmate Debit Records: complete compatibility with the CDOC DCIS Canteen
program to process and print a report of the upload of Canteen phone time
purchases to inmate phone accounts.
On-site Call Recording Storage: The ITS will be configured to provide on-site
system storage of all calls, inclusive of incomplete calls for 60 days and
completed calls for not less than the minimum contract term, accessible from
the on-site server:
Recorded Call Lock: System will allow CDOC the ability to lock recorded calls
pennanently onto the hard drive and the ability to remove the locked calls. The
ability to do call locking or unlocking will be controlled by user permissions.
Writeable CD: Authorized users will have the ability to bum recorded calls to
CD for storage and investigative purposes. CD burners will be installed on
every ITS workstation.
Call Detail Record Storage: System will be configured to provide a two years
accessible from the on-site or central server.
Storage Management: System will provide automatic deletion of call attempt
recordings exceeding 60 days.
Hard Drive Recovery: System will be configured with the ability to contain a
duplicate copy of all completed recorded calls less than 31 (thirty-one) days and
or all locked recorded calls, in the event of a complete failure of the RAID
Array.
Live Monitoring: System will monitor calls active within the System platform.
Authorized users can monitor active calls from any workstation on the network,
on the LAN and the WAN. Numbers which have been blocked from call
recording, such as pre-approved attorney numbers, will not be subject to live
monitoring.
Grouping: Authorized users will have the ability to organize imnate account
infonnation by PINs into groups to enable profiling, tracking and controlling the
account/PIN if desired.
Shadow Web Browser: Authorized users will be able, Ad Hoc, to query call
records and bum CD's of call recordings by facility, inmate(s), telephone
numbers(s), living unites), inmate phone set(s), specifying range of dates, etc.
Automated Attendant: The System platfonn will be completely automated and
will not require the use of a live operator.
Voice Scripting/Languages: The system will be configured with the option to
play voice message announcements in English or Spanish to the imnate, to the
called party, or to both. Additional language options will be added if they are
available or as they become available as both parties agree.
Generic Blocking: The system will block all generic numbers such as 911,411,
etc.; 800, 888, 866, 877 or other toll free numbers; NPA specific; NPANXX
combination, 10XXX and any other numbers and ranges as required.
Branding: Prior to call acceptance, the system will automatically play to the
called party the recording of the imnate name and announce the call is from a
Colorado Correctional Facility. The specific facility will not be identified. The
Page 5 of28

system will then play to the called party the required FCC recordings stating
who the service provider is, what number to dial to get the cost of a collect call
and how to block these calls. The announcement recording will also state that
all calls except 90-series attorney calls (90-series attorney calls are unmonitored
and unrecorded) are subject to monitoring and recording.
• Recording and Monitoring Warning/Voice Overlays: all calls, except
unmonitored and unrecorded attorney debit calls, will be announced to both
parties that the call is, except for 90-series attorney calls, subject to monitoring
and recording. Randomly during the call, at intervals determined by the CDOC,
no more than three times in a 20-minute phone call, an overlay announcement
will advise the call originates from a Colorado Correctional Facility.
• Incoming Calls: The system will block all incoming calls.
• Caller ID: An originating ANI will be associated with all lines to allow calls to
persons with unidentified-caller-type blocks.
• Answer Supervision: The system will provide answer supervision to allow the
system equipment to detect when an outbound call is answered by the called
party or answering device.
• Called Party Requested Call Blocking Feature: The system call announcement
recording will include an option to deny, accept or block all future inmate call
attempts to the number. If the called party selects the call block option, the
system will provide the called party with a toll-free number. This toll-free
number will be to the Contractor who will provide an operator to block collect
or all calls to the number. This will not affect the owner of the telephone from
receiving general collect calls.
• Call Scripting: CDOC will determine and approve the scripting to be played to
the inmate and the called party. Scripting will include any FCC, or other
governing agency, required announcements/features, etc. Changes will be
worked in good faith with the CDOC. See paragraph H., below.
• Electronic Shutdown: System will be programmed to allow authorized users to
disable the phone system by facility or facilities, living unites), phone set(s), or
imnate phone account(s) from any system workstation via a software defined
"cut-off' or "cut-off after current call" feature in the system.
• Pre-Programmed Shutdown: The system will be programmed to allow for
system-wide or facility or living unit/phone set specific onlofftime periods for
all imnate phones. This feature will allow for onlofftime period in 30-minute
increments by days of the week as well as holiday, starting at 00:00 hours
through 23:59 hours.
E.

Specific ITS Features. In addition to the features stated above, the system
will include at a minimum any and all features, tasks and reports, currently
being utilized at the time of this Contract:
1.

ITS Features:
To include all features currently being utilized:

Page 6 of28

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•

All transactions are sent to the main server at CDOC Admin HQ
and V AC server, then replicate back to the site, then replicate to the
back up server
3-way Call Detect (flags call)
Extra Dialed Digit Detect (flags call and cuts-off if more than
allowed number [4] is detected)
Approved attorney numbers not subject to live-monitoring or
recording
Call Branding (all calls announced as coming from a Colorado
correctional facility)
Random Overlay Call Branding, at intervals determined by CDOC
Warning that call has I-minute and then 30-seconds remaining
The time used for call setup and any call recordings are not
included in the active time of the call that the imnate or the called
party must pay for or are allowed
Call prompts for inmate andlor called party can be set for English
or Spanish, or any currently available language option
Inmate name recording stored in the on-site equipment
Inquiry: inmates may check their debit balance or cost of their last
debit call
Calls require positive acceptance on debit as well as collect calls,
except for 90 series pre-approved attorney debit calls as designated
byCDOC
All inmate access to the anonymous incident reporting line 800
number, without cost, recording
or call record (to meet Federal PREA requirement)
Network Analyzer at CDOC Admin HQ
Back-up of primary server at CDOC Admin HQ
Redundant Server at CDOC HQ
Real-time deduction of debit call costs
Minimum allowed call 3-minutes, or any minimum time
determined by eDoe
Frequently Dialed Number Reports
Staff user pennissions, also allows CDOC Inspector General's
office to manage the user accounts
Calls, recordings or live, available on the LAN or across the WAN
Call recordings can be stored or burned to CD, for investigative or
court use
Inmate accounts available on the LAN or across the WAN to
approved users
Tum phones off and on remotely by approved users
Remote system user administration
Monitoring of network (servers, routers, switches, etc) remotely
All call processing recordings and prompts
Call announcement and carrier identification (as required by FCC,
Page 7 of28

•
•

F.

PUC, etc)
o
Call cost quotes including applicable fees and taxes, etc. (as
required by FCC or other governing agencies)
Number for citizens to call to block their number from
o
inmate( s) calls
o
How to accept the call, how to decline the call
Real Time movement of accounts and application of
deposits/withdrawals
RAD. Remote Access Dialing, feature that allows calls to made
through the ITS from any location by authorized users utilizing the
proper access codes, to determine/resolve/test functionality or other
ITS issues.

ITS Tasks:
To include all features currently being utilized:
Imnate Account Features/Controls:
•
Create/update inmate phone accounts
•
PIN auto-generated
•
Ability to:
o
Change PIN
o
Change CDOC #
o
Alert
o
Suspend
o
Suspension beginning and Ending Date/Time auto-applied
•
Select inmate heard prompts/recordings to play in EnglishiSpanish
•
Comments Field, 250+ characters
•
View History (calls, deposits, withdrawals, transfers, releases,
suspensions, inquiries, running account balance)
o
Sort by Ascending/Descending
o
Select Display MonthlYear
•
View Call Records (calls, call types, duration, charge, call result,
Alerts)
o
Sort by Ascending/Descending
o
Select Display MonthlYear
•
Telephone List
o
Enter, delete or change speed dials and numbers
o
Remove disallowed numbers (victims, staff, etc)
o
Allow Debit or Collect
o
Alert
o
RecordlNot Record for approve attorney numbers
o
Comments
o
Called Party Language (English or Spanish)
o
Allowed Extra Dialed Digits (to negotiate attorney
automated attendants)
Page 8 of28

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o
Allowed Active Telephone Numbers
o
Allowed Maximum Active Telephone Numbers
o
Allowed Declined Calls
Call Limit Status
o
Number of Allowed Collect/Debit Calls, Minutes and
Inquiries by Week/Month
Telephone Assignment (restricts imnate use by telephone set)
Access Control
o
Inmate Class of Service (allowed calling levels)
o
Call Schedule (allowed calling days and times)
o
Require Approved List
o
Allow Special Number List
Use Call Branding
o
Use Intennittent Message
o
o
Allowed Maximum Telephone Numbers
o
Allowed Inquiries
Canteen Controls
o
Not currently in use, with programming would allow
inmates to make purchases/withdrawals through Imnate
Banking

Multiple Telephone List Update:
•
Update speed dial list
o
Add, change or delete phone numbers and/or speed dials
o
Comments
o
Allow/Disallow Debit or Collect
o
Alerts
o
Allow Extra Dialed Digits
RecordlNot Record
o
o
Allowed number of Active Telephone Numbers
Automated Deposits:
•
Downloads phone time purchases from Canteen/DCIS
o
Applies deposits at the imnate's current location
o
Prints report of inmates who do not have active accounts for
manual deposits/credits
Manual Financial Transactions:
•
Manually applied deposits or withdrawals (Real Time)
•
Transfer accounts between facilities (Real Time)
•
Release (inactivate) inmate accounts (Real Time)
Enable/Disable Telephones:
•
Tum off/on inmate phone sets by set, multiple sets, living unit or
units, facility
•
Option to Disable After Current Call or Cut-Off
Page 9 of28

•

Reset Inmate Name Recording

View Calls in Progress:
•
Shows calls currently in progress at selected facility (Alerts,
CDOC, Name, Duration, Set, Line, Number)
Web Shadow:
•
Used by Intel and Investigators for archived call
monitoring/recording/burning calls, etc.
SNITCH
Calls placed by alerted imnates and/or to alerted phone numbers
will call or page the investigator who can then listen to the call remotely.
System Administration:
•
Class of Service Maintenance, multiple Classes of Services can be
created, changed, deleted
o
Inmate COS
o
Allowed Debit and/or Collect calls by Day, Week or Month
o
Allowed Minutes Between Calls
o
Maximum Minutes Per Call
o
Maximum Declined Calls
o
Allowed Inquiries
o
Canteen Controls (not currently in use)
•
Telephone COS
o
Call Schedule (Days of Week/Time)
o
Holiday Schedule
•
Living Unit Maintenance
o
Create, Change Delete Classes of Service by Living Unit
•
Telephone Location Maintenance
o
Assign phone set name, living unit, location, record channel,
Phone COS, Holiday Override
Facility Telephone Number Control
•
o
To manage telephone numbers from being called from that
facility
o
Can select Block, Debit, Collect, Maximum Number Digits,
Alert, Number of Days, Comments, International
•
System Wide Telephone Number Control
o
To manage telephone numbers from being called by any
CDOC facility
o
Can select, Block, Debit, Collect, Maximum Number Digits,
Alert, Number of Days, Comments, International
•
Facility Default Maintenance
o
Assign facility default (debit, collect, class of service,
originating ANI, language, Alert, Extra Dialed Digits,
Maximum Allowed Numbers

Page 10 of28

User Administration:
•
Security Level Access (available by user permissions)
o
Creates/assign security levels to view, add, change or delete
by selected features
•
User Alerts (available by user permissions)
o
Creates Alert User Levels

G.
Contractor Provided System Components. The Contractor will provide all services,
hardware, software, maintenance and features that are currently part ofthe CDOC ITS, and any
additional components that would be needed to provide the no less than same quality and quantity of
service, to include but not limited to:
•
•
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Network and all associated hardware
T -1 's and phone trunks as necessary
Analog lines as necessary
Adtrans T -1, where applicable
LARS COM, if applicable
Main and back up servers and servers at all sites
Trouble ticket manager (single point of contact for repair and development)
Colorado Customer Service Center (citizen contact for collect calling
issues and block requests)
V AC Focus ITS
phone sets, phone set maintenance, including TTY units, equal access TTY
units and cordless phones, type and number of all types of sets determined
by CDOC in good faith with the Contractor
Local, IntraLata, InterLata, InterState, InterLata IntraState and
International calls
Workstation (administrative, monitoring and investigative PC's),
accessories and printers
A project manager and three in-state technicians
Call validation and LIDB
Anonymous Incident Reporting Server (See Section 0., below)
All Collect call management (billing, collections, blocking, etc)
Direct Bill service for citizens with unbillable phone numbers
Call Blocking service for citizens
V-Connect

H.
System Scripting
Contractor will provide and maintain all ITS scripting as required by the Contractor, CDOC, the
FCC and any other governing agencies. Any scripting currently part of the ITS at the time of this
contract will remain in place, regardless if it is listed here or not, and will not be altered without the
written consent of the CDOC. Any scripting that is applied to any new or expanded facilities,
including the four privately-managed facilities to be installed, will confonn to the scripting in place

Page 11 of28

at all DOC facilities. The Focus version ofthe ITS offers some additional scripting options.
Scripting will offer no less than the following:
1.

2.

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9.

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10.

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11.

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Inmate goes off-hook, receives dial tone
Inmate inputs DOC number, PIN and one ofthe speed dial numbers assigned to the
inmate's phone account
If no response within 30 seconds for any prompt, the system will error out, return to
dial tone and erase recorded file
<TONE>
The system will create a recording no later than when a call goes out on a trunk
If an invalid CDOC number, PIN or speed dial is entered, the system prompts
"The PIN you have entered is invalid. Please hang up and try your call again."
The system plays the same recording in Spanish.
<DISCONNECT SIGNAL>
If information entered is correct, the system prompts:
"For a Debit call dial I , for a Collect call dial 2"
The system will then play this same recording in Spanish
If this is the first time an inmate is attempting a call on this call processing unit, the
inmate would be prompted:
"At the tone please state your name"
<TONE>
If the infonnation entered is correct, the name recorded, sufficient funds are available
for a minimum 3-minute debit call OR the called number validates as good for
collect, the system prompts:
"Your call is being processed"
For a Debit call, if the inmate has insufficient funds, the system prompts:
You have insufficient funds to place this call"
<DISCONNECT SIGNAL>
For a Collect call, if the called number does not validate as good for collect the
system prompts:
"This number you are calling is blocked by (Contractor name)"
Other possible blocked call scripting:
"The number you have called is blocked by the correctional facility"
"Your phone account has been restricted by the correctional facility"
"The system is not available for debit (or collect) calling. Please try your call again
later."
"Your PIN is already active"
Once the call has been delivered to an out-going trunk, but the call does not
successfully connect, the inmate may receive one of the following responses:
"Your call has not been answered, please try your call again later"
"Your call cannot be completed as dialed. Please check the number and dial again"
"All lines are busy. Please try your call again later"
If the system detects the called party did answer a debit call, the system prompts the
called party:

Page 12 of28

•

12.
•

"VAC. Except for 90-series attorney calls, this call maybe monitored or recorded. I
have a prepaid call from
(plays inmate name recording) at a Colorado State
Correctional Facility. To accept dial 5 and wait for connection, to refuse hang up."
If the system detects the called party did answer a collect call, the system prompts
the called party:
[Local or IntraLata] "VAC has a collect call for you. Except for 90-series attorney
calls, this call maybe monitored or recorded. I have a collect call from
(plays
inmate name recording) at a Colorado State Correctional Facility. If you wish to
accept and pay for this call dial 5 now. If you wish to block any future collect calls
dial 7-7. To refuse this call, hang up.
o If 7 is pressed, the system prompts the called party:
• "Are you sure you want to block future calls of this type from this
inmate? Dial 6 to confirm."
.
[InterLata or InterState] in addition to the above Local and IntraLata collect
recording, the system will also prompt the called party to "to hear the cost of this call
by 8 now". Or whatever is required to meet FCC and any PUC requirements.
Once the call has been answered and the system prompts begin to play, the inmate
and called party will be unable to hear each other until the called party presses 5 and
the call is connected. Both sides will be able to hear the system prompts.
Every six to eight minutes, but no more than 3 (three) times per call, to be determined
by the CDOC, the system plays a random overlay recording:
"This call is from a Colorado State Correctional Facility"
At 1 (one) minute and again at 30 (thirty) seconds before the call will terminate, the
system will prompt both the inmate and called party:
<TONE> or "you have one minute remaining" and/or "you have thirty seconds
remaining" .
.

•

13.

13.
•
14.
•

I.
Service and Maintenance. For overall ITS maintenance, Contractor will provide four fulltime on-site technicians as well as a full time project manager. If necessary, Contractor will
subcontract with other Contractors to provide service and maintenance, with CDOC's approval
which will not be unreasonably denied. On-site technicians will be officed out ofthe CDOC ITS
Admin HQ office in Canon City and will work at the direction ofthe CDOC ITS Coordinator, or
designee. Contractor will act as the CDOC's single point of contact for all service and maintenance
issues related to the ITS, regardless of the responsible subcontractor or carrier.
J.
On-Site Personnel/Security. Each Contractor employee or subcontractor employee
assigned to provide on-site support of the ITS will be required to have and pass a background check
by the CDOC. Contractor understands that upon any such person(s) entering a eDOC or privatelymanaged correctional facility, additional security screening will/maybe required. Contractor further
understands that CDOC reserves the right to approve, disapprove, or suspend an individual's
security clearance at any time. Any Contractor employee or subcontractor must meet any dress code
requirements and follow all CDOC rules and regulations at all times.

Contractor will provide a complete list of the technicians, supervisors, and managers who will have
the responsibility of supporting the ITS. The list will be kept up-to-date and CDOC will be notified

Page 13 of28

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of any changes within twentY-foJ hours and at least forty-eight hours prior to entry of any new
personnel.
I
I

C~OC

Contractor understands that the
reserves the right to reject any Contractor employee or
subcontractor employee which ma~ be considered for any part of this contract. Contractor
understands the CDOC may reject any contractor employee or subcontractor employee without
cause.
Contractor understands that CDod policy requires that all permanently assigned maintenance and
ITS equipment personnel who wil~ be working within the correctional facilities ofthe CDOC and the
privately-managed correctional fadilities are required to attend and pass the CDOC basic training
course. Maintenance and ITS equ~pment repair personnel, who are not permanently assigned but are
subcontractors serving as the designated repair persons, will apply for and obtain a CDOC
Contractor ID.
I,

I

K.

Contractor Maintenance kesponSibility. Contractor, and any subcontractors, is
responsible for the following:
II

i,

•

Providing all necesSary labor, transportation, parts, tools, installation, movement and
materials to maintaih the ITS, including telephones, TTY units, cordless phones, the
complete system call control, recording, monitoring equipment and platform, lines,
circuits, frame relay~ and any associated hardware or software, or any other necessary
component of the rES. All ITS telephones and associated equipment will be
maintained in such ~ manner that they are in good working order as well as in
compliance with thd manufacturers' specifications and any preventative maintenance,
and sufficient telepHones .and associated equipment to provide the ITS service and
meet ADA requiren1ents.
I

•

Prior to any work to l be performed either on-site or remotely, Contractor will
coordinate the schedule and plan with the CDOC ITS Coordinator or designee, or
CDOC CIPS on-cali duty officer.

•

Contractor will maJtain and warehouse, at a central location in Colorado, an
inventory of spare phrts for each component of the ITS. If a necessary repair
component cannot bile obtained from the in-state inventory, Contractor wi11locate the
necessary component and have it shipped priority overnight.
I

•

CDOC will maintaiJ all inside and outside plant cable within CDOC facilities to
support the ITS platform equipment and the imnate telephones. Privately-managed
correctional facilitie~ will maintain all inside and outside plant within privately
managed correction~l facilities to support the ITS platfonn equipment and the imnate
telephones.
II

•

All Contractor techJical, technical support and account management personnel will
carry a cellular phonle and pager. All Contractor permanently assigned technical staff
will carry cellular pHones and pagers that are compatible with the CDOC; the CDOC

Page 14 of28

I

will handle the purJhasing and payments for the cellular phone and pager equipment
purchase and montily statements, to be reimbursed in full by the Contractor upon the
Contractor's receipt from the CDOC of paperwork requesting payment.
I

•

The Contractor wil~ utilize a technical support center which will remotely and
constantly monitor kll functions of the ITS, proactively reporting and responding to
any observed issueJ. The CDOC and Contractor in-state technicians will be kept
advised of any ITS issues.
I

•

Any and all ITS upkades necessary to maintain functionality, repair problems, meet
FCC or other goverhing agency requirements or implement software changes.

•

The Contractor willi submit a Software Change Notice (SWCN) to the CDOC for
prior approval for ahy software changes or modifications made to the ITS. SWCN's
will be completed b~ the Contractor, stating the problem to be corrected, the
anticipated result if~1he SWCN is not completed, the estimated dates of
implementation andl.places for signature of the CDOC responsible person (inmate
phone system coordinator or designee).

•

Call scripting is actrate, appropriate and current.

L.
Trouble and MaintenancJ Reporting Processes. Contractor will provide the CDOC with
toll-free access to the Contractor's ~rouble reporting center. The trouble reporting center will be
operational 24 hours a day, 365 dats a year. The trouble reporting center will be responsible for
receiving reports of trouble, notifyi6g the appropriate repair center or person, escalation as necessary
and providing updates to the CDO~ ITS Coordinator or designee. See Table L-3-1 for trouble ticket
priority and response times.
I

Contractor will provide the CDOC IWith a technical support team to constantly monitor the
CDOC ITS, along with any associated systems, call processing,
performance and functionality
circuits, frame relays, etc., to ensurb optimal performance. This includes the technical support and
trouble reporting center accepting ihcoming service requests to ensure that all requests for service
are immediately responded to and tFsolved appropriately with minimal impact.

of~e

Upon being contacted by the CDO~ or Contractor technician, the trouble reporting center will open
a ticket. Reports can include, but ate not limited to, reports of system or call processing
malfunctions, requests for site visit$, preventative maintenance requests or scheduling, site surveys,
or moves, adds and changes. The trouble reporting center will then dispatch the appropriate area or
team member to either resolve the ilssue remotely or on-site. The trouble reporting center notifies the
account/technical manager of all isJues with the ITS. If the issue cmIDot be resolved remotely and/or
on-site assistance is necessary, the iliecessary staff or equipment will be dispatched to the CDOC
location. Maintenance technicians kre available 24 hours a day, 365 days a year.
II

Page 15 of28

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The trouble reporting center or cJtractor technician addressing the trouble ticket, will immediately
respond back to the customer acknowledging receipt of the issue. The trouble reporting center will
keep the customer advised of the status of the ticket. Response times and reporting times will be
dependant on the priority of the tidket. Access to any facility will be coordinator through the CDOC
ITS Coordinator or designee, or thF CIPS on-call duty officer.
It is understood that CDOC's perslnnel may on occasion contact or submit requests for service
directly to the Contractor's sUbcontractor(s), if any are utilized by the Contractor, but CDOC must
also contemporaneously inform th~ Contractor's trouble reporting center of all such service issues
and requests.
I

1.

Escalation

1

If CDOC or the Co tractor determines escalation of an issue is required to resolve an
issue, including inatlequate response to service calls, frequent repetition of the same
service problem arid/or inadequate repairs to the ITS. CDOC may contact any
member of the COl~tractor service and management team if it wishes to express a
concern or discuss In issue.

Contact LisJ for the VAC Customer in Regards to any
TAe Related Issues
I

For matters regardinlg a technical nature CDOC may request a list of contact
information which includes names, ~elephone numbers and email addresses.
I

For matters regardinlg a service or business nature CDOC may request a list of contact
information which includes names, ~elePhone numbers and email addresses.
I

I

2.

Contractor Troubll Reporting Center
I

As referenced throJghout this section, the Contractor will utilize a trouble ticket
management systecl accessible to the CDOC by phone or email. The trouble
reporting center wih maintain the following but not limited to: list of facilities,
facility point of cdntact and call back numbers, Contractor technicians/account
management personhel assigned to this account, escalation contact list, CDoe BTCommunications od-call duty officer contact numbers, circuit ID numbers, Qwest
ANI numbers and arly subcontractor or service provider contact numbers.

Page 16 of28

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The trouble reportibg center will utilize a trouble ticket management system which
will contain informktion to report, track and produce reports of trouble issues.
I

Page 17 of28

3.

Priority Levels.

Table L-3-1. Priority Le~els Description:
I
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PRIORITY
LEVEL
Priority 1
(Major Emergency
Service Request)

CLEARANCE
OBJECTIVE
4 business h( ~urs

Priority 2
(Routine Service
Request)

8 business horrs
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I
'I

Priority 3

72 business hfurs
I
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I

MAC (Move-AddChange)

TBD

I

DESCRIPTION

The highest priority level, this classification
indicates a loss of service, or serious
impairment to service, which cannot be
circumvented. Examples:
• Circuit outages
• Location has loss of service affecting
greater than or equal to 20% of total
service
• High error rates or disconnected calls
• Inability to complete calls to or from a
particular location
• Failure of a local or remote processor,
its common equipment or power
supplies which render the system
incapable of performing its normal
functions
• Failure of the recording equipment or
any of its components
• Failure of20% or more of the inmate
telephone at anyone area within a
facility
• Failure ofthe ITS functions that result
in the ability of inmates to place calls
without use of PINs or to reach a live
operator
Service-impacting events not classified as
Major Outages. Examples:
• Location has loss of service affecting
less than 20% of total service
• Failure ofless than 20% of the inmate
stations in anyone area within a
facility
Indicates a non-service affecting issue such as
an informational ticket or a ticket opened for
monitoring circuits with no current
impairments
Requests for moves, adds or changes to the
ITS at any location
Page 18 of28

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US~d

Tickets are also
to identity recurring service issues reported against the same
service element. A recurring service issue is defined as "chronic" when three or mote
tickets are opened qn the same service element within a rolling, 30-day period.
I

I

Once identified, a Jhronic ticket is opened to address the issue to determine its root
cause. This activit~ may involve extensive testing, review by a second level support
group and other actions deemed appropriate to ensure resolution. The Contractor is
responsible for coqrdinating this analysis. When necessary, a Contractor meeting
maybe scheduled iflthe issue may involve more than one service provider ofthe ITS.
i

4.
Remote DiJgnostic and Proactive Monitoring. The ITS will be configured
to provide for proa~tive system and perfonnance monitoring. The Network Analyzer
is a read-only access application that monitors the 'real-time' status of the WAN and
certain ITS applicJtions. Network Analyzers will be located at the Contractor's
technical support cbnter as well as at the CDOC ITS Admin HQ in Canon City,
Colorado.
I

If a malfunction octurs, the proactive monitoring system will notify the Contractor.
After notification al Contractor technician will remotely access the system via the
WAN or dial-up mbdem to investigate and correct the malfunction. If the trouble
cannot be corrected remotely, the Contractor will dispatch the appropriate technician
to the site where thelmalfunction is occurring.
I

The Network AnalJer will provide a screen shot of Ping, Connection and Replicator,
I
as follows:
I

Ping: The ping is tle physical connection to the machine. A 'P' identifies the ping
column, which is th~ first column of boxes. Green boxes in this column indicate that
the connection fromlihe COF in Canon City to network nodes is functioning properly.
A red box in the 'P' Icolumn indicates an outage at that particular facility; therefore no
connection has been established.
Connection: The Ifonnection the link to the database. A 'C' identifies the
connection column,1 which is the second column of boxes. Green boxes in this
column indicate that database access for each site server has been established. If
there is a site row that has a red box in the 'C' column, this indicates no database
access is available f~r the site.

r~licator

Replicator: The
accesses the count of records located in the XACTION
Tables. The replica~or has two designated field, the 'R' identifies the replicator
column, which is th~ third column, and the blue numbers immediately to the right of
the third column. The blue number is the 'real time' count of records for each site.
Green boxes in thislcolumn indicate that the replicator is active and operational. A
yellow box indicate. a warning to the user that a large volume of records are being

Page 19 of28

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!

created and could Icause a backup if the count on the "Thru-Put" graph does not
decrease. A red bot indicates that there is a problem with the replicator. If the box in
this column is not ~een for a site, the blue number is not a valid record count.
M.
Disaster Recovery.
Contingency Plan.

collitractor's will develop and maintain a Disaster Recovery and

N.
ITS Implementation PlaJs and Schedules. The Contractor will ensure all circuits and lines
are assigned to the Contractor. The Contractor will ensure any equipment required by the ITS and
this Contract is installed, tested ahd fully functional by the contract effective date at the existing
CDOC and privately-managed corlectional facilities.
I

The CDOC will provide the datJ network, either on the CDOC WAN or by VLAN. The BTCommunications Network Mana~er will liaison with the Contractor network staff to ensure full
functionality and network protectidn. In the event the CDOC network is not available, the Contractor
will provide the necessary Wide Atea Network.
Each workstation will consist of ~he PC, minimum 17" monitor, CD Burner, speakers, headset or
cordless headset, mouse, keyboar~1 ' printer and any necessary software and license required for
access to the ITS.
I
The equipment necessary to suPJort additional or expanded CDOC sites and privately-managed
facilities outside of this Contract, ~d ill be incorporated into the Contract as mutually agreed upon by
CDOC and the Contractor. Call s ripting at any newly installed privately-managed facilities will be
the same as the call scripting for cboc facilities.
New facilities in schedule for the dDOC will be provided a FOCUS ITS and the inmate handsets per
the requirements of the CDOC. fhere will be no cost to the CDOC with regard to new systems
being engineered and installed within the new facilities. Contractor will work directly with the
CDOC to detennine system siling with regard to the number of inmate telephones and
communication links.
I

I

REPORTING. The ITS ~nd workstations have been configured by user pennissions to
provide DOC with the ability to generate real time reports for investigative and management
purposes.

O.

I

I

1. ITS Reports
All Reports allow selection ~y user of facility or facilities, All Inmates, Selected
Inmate or Inmates, Active or Inactive Imnates or Both, Start/Ending range of
Dates/Times, Print or Previ~w, completed calls or attempted calls or both, debit or
collect or both, Wild Cards ban be used. To include but not limited to:
!

I

Financial:
•
Call Refund
Daily Call Charges
•
Facility Debit Balanbe Report
•
Financial Transactioh Report (deposits, withdrawals)
•
Inmate Deposit
•
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I

Page 20 of28

I
•

Reconciliation Replrt (used monthly to provide inmates with accounting of
debit transactions, Jsed daily to verify no outstanding balances or calls
prior to releasing inbate accounts, also functions as "true-up" for all
inmate accounts bylperfonning a reconciliation of all accounts)

1

M"
I
amtenance:
•
City by NPA-NXX Search
•
Local Exchanges
•
Non Area Code/Ex hange Attempts
•
Percentage Grade ofI Blocking
State by NPA Search
•
I

Investigative:
•
Account Telephone Number List
•
Alert Notification
Approved TelephollF Numbers (active numbers on a list or lists)
•
Call Detail, will conltain at a minimum:
•
•
Inma~e CDOC ID number
•
Origibating telephone station
•
Timd of call
•
T~, line or station
•
Date bf call
•
Durafion of call
•
TeleJhone number called
•
Call ~ompletion code
•
Cost bf call, if debit
Calls From PIN Notlat Facility
•
Chronological List dfCalls
•
Currently Suspended Telephone Accounts
•
Extra Dialed Digits
•
Facility Blocked Telephone Numbers
•
Inmate Directory
•
Inmate History
•
Inmate Transfers I
•
Invalid PIN Attemp~f
•
New Inmate( s)
I
•
Quantity
of
Calls
PlJced
•
Quantity of Minutes IPlaced
•
Released Inmates I
•
Speed Dial Search (search for numbers called)
•
SystemWide Blockett Telephone Numbers
•
Telephone Numbers~called by More Than One Inmate
•
Telephone Numbers Listed in More Than One Account
•
Telephone Number . sage (by telephone number)
•
II

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Page 21 of28

I

•
•
•

Toll Free Numbers lealled by Inmates
Toll Free Phone Ntlmbers on Inmates List
3 Way Call Detect I
I

2.
Reports Generate~ by the Contractor, Available to CDOC on Demand or by
CDOC Pre-determined S~hedule.
On-demand reports will indlude but not limited to:
I

•

Monthly Revenue Repdrts: Reports listing for a specified period by facility, call type,
duration and cost. The IMonthly Revenue Reports will be sent to CDOC by call type:
debit or collect, and by Ilcarrier (if more than one). These reports will include the debit
and collect call costs. These reports will have the option to provide CDOC with a
breakdown by facility ~y day as well as a summary report. The summary reports will be
provided to CDOC witllin 7 days of the end of the month to be reported. This report will
correspond to the bi11in~ tapes sent to the Contractor by any telephone carrier associated
with the CDOC inmate phone contract. This report will include an average, by call type
and by carrier as applicable, for each call type, of revenue, number of calls and duration.

•

Debit Sales by CDOC Report: Summary of debit call revenue generated by facility or
facilities. The report will contain fiscal year average inmate population, total debit
revenues and annualize~ average total debit revenue per inmate. The report will contain
revenue, annualized avdrage revenue per inmate and number of active inmate accounts
with no debit activity dJring selected period for each debit call type (local, long distance
and international).

I

I

•

•

Cumulative Usage for ~Iiscal Year Report: Report, for each call type (debit and collect;
local, long distance and Iinternational) of percentage of total call minutes, with totals and
I
averaged for each.
Frequently Dialed Number Report: Report detailing by debit or collect or both, phone
numbers called with pa~lameters settable to date range and number of calls, showing
facility, number of calls number of minutes and total cost.
I

3.
Ad Hoc Reporting. I
In the event that CDOC reqeires any additional reports, the Contractor agrees to consult with
CDOC, in an effort to meet Ithese additional requirements and requested information.
P.
Anonymous Incident Rep10rting Server. The anonymous incident reporting server is an
interactive voice mailbox-type se~er to be designed to the specifications of the CDOC Inspector
General's office for Interdiction/Ciime Reporting/Prison Rape Elimination Act. Server must allow
anonymous calls from DOC inmatds as well as the public utilizing by a toll-free number provided by
CDOC. CDOC inmates will be aBle to call the anonymous incident reporting server from the ITS;
no call record or recording will bell created; there will be no cost to inmate for calls to anonymous
incident reporting server. Inmates Will be able to leave a one-time message or imnates will have the
option to create a PIN to be able tolleave and retrieve messages from the Inspector General's Office
(lGO) authorized staff. Workstati~ns, as necessary, will be provided for authorized staff to access

Page 22 of28

I
I

I

the anonymous incident reporting I server. The Contractor shall provide all necessary hardware and
software; CDOC shall provide th~ in-house wiring and the toll-free number. The equally accessible
TTY units in the living units or ~ods will have equal access to the Anonymous Incident Report

I'

System.

1.

Server and ASSOcIated Hardware and Software. Contractor shall detennine and
provide the server dnd any associated hardware and software necessary to provide the
anonymous incident reporting server at the CDOC Headquarters office in Colorado
Springs.
11

2.

Workstations. Co tractor shall provide workstations and any required software
licenses for IGO authorized staff to access the anonymous incident reporting server.
I

3.

Training. Contracior shall provide training necessary for Contractor on-site staff to
be able to maintain the server and software. Contractor shall provide training for the
IGO staff authorized to access the server.

4.

Site Location, Wiring and PBX Connectivity. CDOC shall provide the
location at DOC Hekdquarters office in Colorado Springs, any necessary in-house
wiring, the toll-free bumber and the connectivity to the staff phone system.

5.

Server Scripting. JcriPting will be as follows. Changes will be made as
necessary to meet cboc requirements, fonnat, volume or quality.
I,

Step

1.
1.1
1.2
1.3
1.4

Step

2.
2.1

Step

3.
3.1
3.2
3.3

3.4
3.5

Receive an incoming call
Get ahd check the DNIS.
"PreJs one for English, (in Spanish) press two for Spanish."
Play bither English or Spanish for all prompts below
Ifthe call is from Inspector General Office (IGO), go to step 6.
PlaYI greeting:
"Thm1k you for calling the Colorado Department of Corrections Prison
TIPSl All interactions you have with this system are completely
anontmous. This system is for past and on-going criminal activity. It
is no~ designed for grievance issues. If you have a grievance issue,
follo~ the designated procedure for those complaints. If your feel your
situat~on is an emergency, contact a staff member immediately."
Play ~ain menu:
"Main menu: Please listen to all of the following options:
"Ify~u are calling to leave a one-time tip press 1 (go to step 4)
"If ydu are calling to leave a TIP and interested in receiving a response
from ~our infonnation, you must open a voice mailbox for messaging
betwJen you and the Inspector Generals Office. Please have a pen and
paperl available and press 2. (go to step 5)
"If ydu are calling to check an existing voice mailbox please have a
pen ~d paper available and press 3" (go to step 6)
If preksed 0, repeat this menu.
l

l

III!

Page 23 of28

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I

Step

Step

Step

Step

3.6
Othclrwise, go to step 8 to exit.
4.
Inm~te leaves one-time message:
4.1
"Yo~ have chosen to leave a one time message. Leave a clear and
concise mes'sage with as much detail about the crime you are calling about.
You will hare 3 minutes to leave this message. At the tone leave your
message whfn you are finished press #"
4.2
<Tone>
4.3
The hstem records and saves the message.
4.4
"Th9 Department and the State of Colorado appreciate your help in
protecting all our families."
4.5
(go Hack to step 2)
5.
Inmhte opens a new mailbox:
5.1
"Yo~ have chosen to open a voice mailbox to leave your tip and
corr~spond anonymously with the Inspector Generals Office.
5.2
"If you wish to continue press 1"
5.3
"ifnbt please hang up. " (go to step 8 to exit.)
5.4
The hstem generates and tells the caller the first available mailbox
and rl random four digit pass code.
5.5
"To ~epeat, please press 1." (go back to step 5.1) repeatedly telling
the mailbox humber and passcode).
5.6
"To dontinue, please press two."
5.7
"Pledse speak clearly and give as much information as possible about
the ctime you are reporting. You will have 3 minutes to leave your
mess~ge. Please call back in and check your mailbox for messages
ever~ 3 days. At the tone leave your message when you are finished
pressl#."
<Torte>
5.8
The ~ystem records and saves the message in the mailbox.
5.9
5.10 "ThelDepartment and the State of Colorado appreciate your help in
protebting all our families."
5.11 Go b~ck to step 2.
J
• mail s:
6.
VOIce
R etrIeve
The dystem asks the caller to enter the mailbox number and associated
6.1
pass tode. If the mail box exists and is active, the system retrieves all
new 4nd saved voice messages left by the 100, start from the latest
one. then play:
"Youl will have 3 minutes to leave your message. At the tone leave
your tnessage when you are finished, press #."
6.2
The s~stem records and saves the message in the mailbox.
6.3
00 b~ck to step 2.
7.
IGO leaves message:
7.1.
The s~stem asks 100 to enter the mailbox number to leave the tip
mess*ge.
7.2. "At the pne leave your message when you are finished press #."
After the lOw leaves the message,
7.3. "To senti this message to the mail box, please press one,"

Page 24 of28

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Step

Save this ti~ message into this mailbox. (go to step 7.4)
• "Tolreview
the message, please press two," (The system
plays the
I
.
recordmg, and back to step 7.3).
• "To te-record the message, please press three," (The system deletes
this mkssage and goes back to step 7.2).
• "To aelete the message, please press four," (go back to step 7.4) .
• "To ~kip the message when reviewing, please press zero." (The system
retriev~s the next message).
I
7.4.
I
• "If y~u would like to record another message, please press one" (go
back td step 7.1)
• "Othrrwise, please press two or simply hang up." (go to step 8 to exit)
8.
Tetminate this call
I

6.

Server Storage. RJcordings will be maintained and accessible for the tenn of
the contract.
Ii

II

7.

Server Maintenante and Support. The Contractor shall provide all maintenance
and repair. The Codtractor
shall provide any upgrades necessary to provide complete
I
maintenance and reI/air.
I,

a.

All AnonvrllOus Incident Reporting Server related functionality issues
reported t; the
Contractor will be considered Priority 1 Repair issues, unless
I
the CDOC d~tennines otherwise.
i

Q.
V-CONNECT. Contractor will provide the V-Connect program which assists inmate
outside contacts with collect calling and billing issues.
i
I

1. V-Connect will be avai11ble to members of the public who wish to resolve collect billing
or payment issues by a Contractor provided toll-free number.
I
I

2. Contractor will supply s~fficient staff and resources to provide customer service and
responsiveness to member 9fthe public who need assistance.
3. Any issues CDOC may llave with V-COlmect perfonnance will be addressed through the
Contractor provided ProjectlManager for this contract.
I,

R.

TTY (Teletypewriter: textll telephone for the hearing impaired). Contractor will provide
TTY units as directed by the CDOC.
I,

1. Contractor will install hpproximately thirty-three (33) kiosks for the purpose of TTY
communication for the hekring impaired before the end of April 2009. Engineering,
installation and support of the TTY kiosks will be at no charge to the CDOC. Contractor
intends to utilize the ven40r that has recently supplied eight (8) units to the CDOC;
specifications will meet dDOC requirements. Contractor will provide any necessary

Page 25 of28

hardware, software, development, installation, maintenance, repmr except for in-house
facility wiring which will be provided by the CDOC.
2. Equal access TTY units will have the same functionality, security and features as the
regular ITS phones.
3. Contractor will supply the necessary hardware, software and training too allow the same
access by CDOC staff for live call monitoring and archived call recordings.
4. Length of TTY calls will determined by the CDOC.
5. Offenders allowed to use the equal access TTY units will also have access to the regular
ITS phones.
6. Equal access TTY units will have the ability for TTY to TTY or TTY to TRS (Relay
Service), as applicable for the call placed.

s.

Inmate Banking. Contractor will provide a program allowing offenders to access their
general banking account using the inmate phone.

1. Contractor will provide any necessary hardware or software associated with this program
associated with implementing, maintaining and supporting this program except for any
necessary in-house wire that will be provided by the CDOC.
2. Contractor will work with CDOC BT programmers to set up controls that are needed
between Inmate Bank and ITS.
3. Offender will use same ITS PIN for general banking access. The feature will allow
controls such as the number of times a balance check can be done per day, per week, per
month to control volume.
4. Upon release, balance of ITS account will be transferred back to offender's General
Banking account.
5. At the CDOC's discretion,charges may be applied for excess balance fund checking.
T.

Canteen Ordering. Contractor will provide program allowing offenders to do automated
Canteen orders using the imnate phones.

1. Contractor will engineer, develop and install an Interactive Voice Response (IVR) system
at no cost to the CDOC. Contractor will program each of the CDOC facilities with a speed
dial number for IVR access.
2. Contractor will provide any necessary hardware or software associated with implementing,
maintaining and supporting this program except for any necessary in-house wire.
3. Contractor will work with CDOC BT to setup controls and connectivity that are needed
between the Canteen and ITS.
4. An automatic data feed will be provided to the CDOC on a daily basis in a format
requested by the CDOC. The Contractor has an Application Program Interface (API) which
will set up controls that are necessary between the Contractor's Commissary IVAR and the
CDOC Canteen.
5. All offender ordering times and any additional restrictions will be provided to the
Contractor by the CDOC in addition to any changes in the product numbering.
6. Interface would be driven by an IVR and menu tree.

Page 26 of28

U.

Offender Voice Mail. Contractor will make available a program which allows and offender
to leave a voice mail to be retrieved by the called party.
1. CDOC will determine if and when the Contractor will implement the VACl Voice Mail
program. CDOC will determine the access, features, options and controls to be implemented.
2. Contractor will provide any necessary engineering, hardware and software associated with
implementing, maintaining and supporting this program to the specifications ofthe CDOC.
3. Offenders would be able to leave voice mail messages for numbers on the offender's
approved phone list.
4. Voice mail messages would be retrieved by the persons at the numbers on the offender's
approved phone list.
5. Voice mail would Outbound and Inbound/Outbound options.
5. All voice mail messages would be subject to monitoring and recording and have the same
security methods as completed offender phone calls.
6. The amount of each transaction is $1.00.
7. The commission due to the CDOC for any voice mail revenue would be 25%.

V.

ITS Rate Specials. At times and rates agreed upon by CDOC and the Contractor, the
Contractor may reduce the calling rates to offer offenders and called parties a reduced rate
for an agreed upon period of time.

W.

Credit Limits. Contractor may impose credit limits on phone numbers that are considered
high use for collect calling to control bad debt. Credit Limits to be determined in agreement
withCDOC.

END OF EXHIBIT A

Page 27 of28

Contract Routing Number 09CAA00153

EXHIBIT B
OPTION LETTER
Date: __________________________ State Fiscal Year: ________ Option Letter No. ____________
SUBJECT: (Please indicate purpose by choosing one of the following)
1 - Option to renew only (for an additional term)
2 - Change in the amount of goods within current term
3 – Change in amount of goods in conjunction with renewal for additional term
4 – Level of service change within current term
5 – Level of service change in conjunction with renewal for additional term
In accordance with Paragraph(s) __________ of contract routing number (FY) (Agency) (Routing #),
between the State of Colorado, Colorado Department of Corrections, and (contractor’s name) the state
hereby exercises the option for an additional term of (include performance period here) at a cost/price
, AND/OR an increase/decrease in the amount of
specified in Paragraph/Section/Provision
goods/services at the same rate(s) as specified in Paragraph/Schedule/Exhibit

The amount of the current Fiscal Year contract value is increased/decreased by ($ amount of change) to
) to satisfy services/goods under this contract for the current fiscal year
a new contract value of ($
is hereby modified
(indicate Fiscal Year). The first sentence in Paragraph/Section/Provision
accordingly.
The total contract value to include all previous amendments, option letters, etc. is ($

).

The effective date of this Option Letter is upon approval of the State Controller or__________whichever
is later.

APPROVALS:
State of Colorado:
Bill Ritter, Jr., Governor
By: ______________________________ Date:__________________
Executive Director or designee
Colorado Department of Corrections

ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all State contracts. This contract is
not valid until signed and dated below by the State Controller or delegate. Contractor is not
authorized to begin performance until such time. If Contractor begins performing prior thereto,
the State of Colorado is not obligated to pay Contractor for such performance or for any goods
and/or services provided hereunder
State Controller
David J. McDermott, CPA

By: ___________________________________
Date:__________________________________