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CONTRACT AMENDMENT
Amendment # 2 (FY12)
Original Contract CMS #25902
(09CAA00153)
Amendment CMS # 40863
1) PARTIES
This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is entered into by
and between Value Added Communications, Inc., 3801 East Plano Parkway, Suite 100, Plano. Texas 75074,
(hereinafter called · Contractor" or ·VAGI"), and the STATE OF COLORADO (hereinafter caned the "State")
acting by and through the Colorado Department of Corrections, 2862 S. Circle Drive, Colorado Springs,
Colorado, 80906 (hereinafter called the "CDOC").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado Siale
Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to payor reimburse
Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound
by any provision hereof prior to the Effective Date.
3) FACTUAL RECITALS
The Parties entered into the Contract to provide Inmate Telephone Services (ITS) at all CDOC Correctional
facilities and all Privately-Managed CDOC correctional facilities. The parties agree to amend the contract
because of changed circumstances described below:
•
CDOC desires to renew the Contract for two (2) years;
•
Contractor has provided a proposal that reduces the calling costs for inmates and family, with a
minimal impact to the CDOC revenue flow, and CODe has accepted this proposal :
•
Contractor's proposal includes upgrades to the current inmate phone system;
•
Legislative changes since the effective date of the Contract require additional clauses to address the
insurance cancellation policy and public records disclosures.
4) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments
thereto, jf any, remain in full force and effect except as specifically modified herein.
5) MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
a.
Section 3. Term
Delete Section 3. Term of the Contract in its entirety (leaving sections 3.1 and 3.2 in place) and replace
with:
"3. Term . This contract shall become effective on March 1, 2009 (the "Effective Date") and shailierminate
on February 28. 20 14, unless earlier terminated by its terms or extended per the renewal provision herein .~
b . Section 3.1
Delete the first sentence of subsection 3.1 in its entirety and replace with:
-3.1 The State may require continued performance for a period one (1) two (2) year option for any services
at the terms specified in this contract.·
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page I of4
C. Section 4.1 RATES AND CHARGES
Delete the table in subsection 4.1 RATES AND CHARGES in its entirety and replace with:
ITS COLLECT CALLS
STANDARD COLLECT
local
Intra-Lata
Intra-State Inter-Lata
Inter-State
PER CALL CHARGE
$2.75
$2.75
$2.75
$3.00
RATE PER MINUTE
$0.15 All Times
$0.15 AU Times
$0.15 AU Times
$0.15 AU Times
ITS V·CONNECT ADVANCE PAY COLLECT CALLS
COLLECT CALL TYPE
Local
Intra-Lata
Intra-State Inter-lata
Inter-State
PER CALL CHARGE
$1.25
$1 .25
$1 .25
$1.50
RATE PER MINUTE
$0.13 All Times
SO.13 All Times
SO.13 All Times
$0.13 All Times
ITS DEBIT CALLS
DEBIT CALL TYPE
Local
Intra-Lata
Intra-State Inter-Lata
Inter-State
PER CALL CHARGE
$1 .25
$1 .25
$1 .25
$1.50
RATE PER MINUTE
SO.10AIITimes
SO.10 All Times
$0.10 All Times
SO.10AH Times
d . Subparagraph 4.2.1 Commissions on ITS Calls:
Delete the second sentence of subparagraph 4.2.1 in its entirety and replace with:
"Contractor shall be obligated to pay to CDOC a percentage of such revenue as a commission equal to
forty-nine percent (49%) of the "ITS Commissionable Revenue~ from all ITS Collect and Debit calls under
this contract."
e. Subsection 14.5. Insurance Cancellation
Delete subsection 14.5. in its entirety and replace with :
"14.5. The above insurance policies shall include provisions preventing cancellation or non-renewal
without at least 30 days prior notice to the Contractor and Contractor shall forward such notice to the State
in accordance with §15 (Representatives and Notice) within seven days of Contractors receipt of such
notice.-
f. Add a new section 36 to read:
" 36. CORA Disclosure.
"To the extent not prohibited by federal law, this Contract and the performance measures and standards
under CRS §24- 103.5-101, if any, are subject to public release through the Colorado Open Records Act,
CRS §24-72-101 . et seq."
g . Exhibit A . Statement of Work I Specifications for Inmate Telepho ne System (ITS)
Delete TABLE A- 1 EQU IPMENT BY SITE in its entirety from Exhibit A, and replace with TABLE A-1 (a)
EQUIPMENT BY SITE, a copy of which is attached hereto. All references to Table A-1 in the Original
Contract shall be deemed to refer to Table A-1 (a).
h. Exhibit A . Statement of Work I Specifications for Inmate Telephone System (ITS)
Add two new feature descriptions to Paragraph 1.0 . Basic VAC System, operational features and
performance specifications:
•
•
"Automated Phone Time Upload and Transfer. Move and Releases: Contractor will provide the process
for automated phone time upload and automated transfer concerning moves and releases.·
· Wolfhound Cell Delect: Contractor will provide one (1) Wolfhound Cell Detect product. including
appropriate training, to each CDOe and Privately-Managed CDOC Facility, for cell phone detection."
I>age 2 of 4
i.
Exhibit A . Statement of Work J Specifications for Inmate Telephone System (ITS)
Add a new task to Paragraph 1.F. ITS Tasks, under the task heading ~Automaled Deposits:"
•
j.
phone time upload and automated transfer concerning moves and releases:
Exhibit A . Statement of Work J Specifications for Inmate Telephone System (ITS)
Add a new component to Paragraph 1.G. Contractor Provided System Components:
•
k.
~Automated
~V·Track
Investigative Software Suite"
Exhibit A . Statement of Work I Specifications for Inmate Telephone System (ITS)
Add new sentences to the end of the fifth subparagraph under Paragraph 1.K. Contractor Maintenance and
Responsibility:
"Contractor wili reimburse CDOC for the actual cost of cell phones and pagers that the State provides to instate technicians. COOC will submit a monthly invoice to Contractor for actual cost of cell phone and pager
usage by Contractor's in-state technicians, and Contractor will submit payment to CDOC w ithin 30 (thirty)
days of receipt of invoice."
I.
Exhibit A . Statement of Work I Specifications for Inmate Telephone System (ITS)
Add a new subparagraph 7 at the end of paragraph 1.R. to read:
"7. Contractor shall provide TIY software for the State owned kiosks located at the Centennial
Correctional facility - South , immediately upon request by CDOC."
m . Exhibit A . Statement of Work J Specifications for Inmate Telephone System (ITS)
Add a new sentence to the end of Paragraph 1.W. Credit Limits to read:
"The collect call credit limit shall be Fifty Dollars and Zero Cents ($50.00)."
6) STARTDATE
This Amendment shall take effect on the later of its Effective Date or March 1, 2012 .
7) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency , variance, or contradiction between
the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment
shall in all respects supersede, govern , and control. The most recent version of the Special Provisions
incorporated into the Contract or any amendment shall always control other provisions in the Contract or any
amendments.
8) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, or otherwise made available.
THE REST OF THIS PAGE INTENTIONAllY lEFT BLANK
)lage 3 of 4
9)
SIGNATURES
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
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.
STATE OF COLORADO
CONTRACTOR
Value Added Communications, Inc.
T~ ,JS .1i4-'iKoJ6e1L
Titie: ftu,~ /»tn<k- ~"""l
John W. Hickenlooper, GOVERNOR
Colorado Department of Corrections
Tom Clements, Executive Director
By·
By:
~
Date
B~d:~~eSi9nee
z.{.r.[.....
Date
qy<Sl3ft'~
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
eRS §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
obliaated to Day Contractor for such Derformance or for any goods and/or services_provided hereunder.
STATE CONTROLLER
D~ort' CPA
By :
Dennis P. Diaz, CDOC ~Onj~ lIer, Designee
I
")
Date:
I>age 4 of4
~
TABLE A-1
SITE
CAMPUS
Arkansas Valley (AVCF)
Arrowhead (ACe) (eMe)
ECAN
Bent County (Bee F)
Buena Vista (BVCF)
Canon Admin HQ
CTCF
ero
CTCF
Calion
eooc Colorado Springs HQ
Centennia l (CCF)
Centennia l (CCF) South I CSPII
ECAN
ECAN
Cheyenne Mountain (CMRC)
CMHIP
Pueb lo
Co lo Co rrectio nal Center (Golden)
Co lorado State Pen itentiary (eS P)
ECAN
Crowley County (CCCF)
Delta (DCC)
Denver Reception (DROC)
OR DC
Denver Women's (OWCF)
DRDe
Fou r Mile (FMC C) (eMe)
ECAN
Fremont (FCF)
ECAN
Ft. Lyon (FLCF)
Kit Carson (KCCF)
limon (LCF)
LaVista (LVCF)
Pueblo
Pueb lo cle
Pueblo
Rifle (Ree)
San Carlos
(sec F)
Skyline (SCC) (CMC)
Pueblo
ECAN
(al EQUIPMENT BY SITE
PHONE
SETS
MINIMUM
LINES
WORK
STATIONS
73
26
56
54
0
0
0
21
73
26
56
52
1
1
0
21
4
1
3
3
6
4
7
1
0
123
4
9
48
123
28
34
85
26
67
31
37
55
12
0
10
19
13
0
123
0
9
24
123
32
56
96
27
70
31
37
56
12
0
16
19
13
Page I of2
2
2
0
1
2
3
2
3
2
1
1
3
3
3
2
3
2
1
1
LINE
EXPANSION
NOTES
10
VO IP lin es and soft phone
software on each COOC·
owned kiosk
9 outside phone booths
88 pedestals I 5 rolling
12
10
15
4 5 sets State Hospital
SITE
CAMPUS
Sterling (SCF)
Territorial (CleF)
CTCF
Trinidad (TeF)
Youthful Offender (YOS)
Pueblo
PHONE
SETS
MINIMUM
LINES
WORK
STATIONS
135
47
144
22
64
56
6
1
1
1
56
48
ECAN = East Canon
CTeF = Territorial
=
DRDC Denver
Pueblo = Pueblo Complex
Page 2 of2
LINE
EXPANSION
NOTES
