Prison Phone Justice

Nov

,
-

14 2008 4:19PM

DEPT OF TECHNOLOGY & INFO

3027392947

,

Contract Numbeli: lik"'I~ClOO'j
Title: Irlrfliit\rIP.t.lQIlC;eo1llrSlMf~ <
THIS AGREEMENT, made and executed in duplicate, shall be effective this 1st day of January, 2005.
BY AND BETWEEN

Verizon Delaware, Inc.
1st Floor
2510 Riva Road
Annapolis, MD 21401

(Hereinafter designated as "Contractor"), party of the first part, and the DEPARTMENT OF TECHNOLOGY
AND INFORMATION, created under the laws of the State of Delaware (hereinafter designated as OTI), party
of the second part.
WITNESSETH that the Contractor in consideration of the covenants and agreements herein
contained and made by DTI, agrees with said DTI as follows:
ARTICLE ONE: The Contractor shall provide and furnish all supplies, materiel, machinery,
implements, appliances, tools and labor and perform the work and/or services required to comple1e the
contract requirements. The work, as set forth in OTI's request for proposal, and/or specifications and the
Contractor's proposal, excluding any and all exceptions taken by the Contractor, is identified by the signature
of Ule Contractor and the Chief Operating Officer (COO) of the said DT! and become hereby a part of this

contract.
ARTICLE TWO: It is understood and agreed by and between the parties hereto that all items and/or
work included in this contract is to be done under the direction of the said COO and that the COO decision as
to ihe meaning of the said propos ai, and/of specifications shali be final.
It is understood and agreed by and between the parties hereto that such additional specifications as
may be necessary to illustrate the items to be furnished or work to be done are to be submitted by said
Contractor and they agree to conform to and abide by the same so far as it may be consis1ent with the
purpose and intent of the original proposal, and specification referred to in Article One.
ARTICLE THREE: If the work to be done under this contract shall be abandoned, or if the contract,
or any part thereof shall be sublet without the previous written consent of DTI, or if the contract shall be
assigned by the Contractor otherwise than as herein specified, or if at any lime the Director shall be of the
opinion and shall certify in writing to OTI that the work, or any part thereof, is unnecessarily Or unreasonably
delayed or that the Contractor has violated any provision of this contract or that the Contractor fails to provide
all supplies, materiel, machinery, implements, appliances, tools and labor or fails to perform the Work and/or
services as set forth in the proposal and specifications, in whole or in part, oTI notify the Contractor to
discontinue all work or any part thereof: and thereupon the Contractor shall discontinue such work or such
part thereof as OTI may designate and OTI may thereupon, by a contract or otherwise, as it may determine,
complete the work, or suqh part thereof, and charge the entire expense of so completin 9 the work, or part
thereof, to the Contractor.
All costs and charges that may be incurred under this article or any damages that should be borne
by the Contractor shall be withheld or deducted from any moneys then due, or 10 become due to the
Contractor under this contract, or any part thereof; and in such accounting the OTI shall not be held to obtain
the lowest cost for the work or completing the contract or any part thereof, but all sums actually paid therefore
shall be charged to the Contractor. In case the costs and charges incurred are less than the sum which
would have been payable under the contract if the same had been completed by the Contractor, the
Contractor shall be entitled to receive the difference and in case such costs and charges shall exceed the
said sum, the Contractor shall pay the amount of excess to OTI for the completion of the work.

DTI
COpy

p. 1

Nov

14 2008 4:19PM

DEPT OF TECHNOLOGY & INFO

3027392947

p.2

ARTICLE FOUR: It is further mutually agreed oetween the parties hereto that no payment made
under this contract shall De conclusive evidence of the performance of this contract either wholly or in part
and that no payment shall De construed to De an acceptance of defective work.
IN WITNESS WHEREOF: the said parties to these presents have duly executed this agreement in
duplicate the day and year written oelow:
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF

CONT:~OR:

r ~a

~ture)

----~
(Seal)

NAME: Itat:hy Koelle

TITLE:

Senior Vice President

K

Witness:,

_

verizon Delaware Inc.
(Contractor Company Name)

-----------_._-------.---------,...------------------_ .......

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...----_.. _---------------

DEPARTMENT OF TECHNOLOGY AND INFORMATION:

A

BY

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NAME:
TITLE:

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P

J

IJ/J

l.Qrd&d., Wr C&Jt!I,
(signature)

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Witness:

1./

~DATE:

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£0\<.\£

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------_._----_._----_.__. _----------~----------------_ ..

Note: In the case of a corporation, firm, or partnership, this contract must De Signed oy the
appropriate officials of such corporation, firm or partnership and their corporate seal must De affixed hereto.

:mjs
:\DTICONTRACT.DOC
Rev. 1012612004

DTI
COpy