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GEORGIA DEPARTMENT OF CORRECTIONS
LEGAL OFFICE
FIRST AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
THIS FIRST AMENDMENT to a contract for Inmate Telephone Services effective May
3, 2001 ("Original Agreement"), by and between MCI WORLD COM
COMMUNICATIONS, INC. ("WorldCom" or "Contractor") and the GEORGIA
DEPARTMENT OF CORRECTIONS ("GDC" or "Customer"), is made and entered into as
of,the date of the last signature set forth below ("Amendment Signature Date"). The
Effective Date for the rates set forth herein will be as set forth in paragraph 2 below.
WITNESSETH:
WHEREAS, heretofore, the GDC and WorldCom entered into the Original Agreement
effective as of May 3,2001, with respect to Inmate Collect-Only Telephone Services ("the
Services") to be provided by WorldCom at State correctional institutions, as more fully
described therein; and
WHEREAS, WorldCom agreed to pay the State a commission based on the revenue
generated by the Services; and
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WHEREAS, the Agreement provided that rates charged to end users for the Services
would not exceed the dominant carrier rates set forth in the carriers' tariffs; and
WHEREAS, the Georgia Public Services Commission ("PSC") initiated a generic
proceeding (Docket No. 14530-U) to review the rates charged for long distance telephone
services from.institutional facilities culminating in a hearing on January 16,2002; and
WHEREAS, on February 28, 2002, the Georgia PSC issued an Order, followed by a
Corrected Order issued on March 19, 2002, setting rates for all carriers for local, IntraLATA,
and InterLATA Intrastate Inmate Collect Telephone Service calls that were substantially
lower than the dominant carrier rates on which W orldCom had based its response to the
GDC's Request for Proposals to provide the Services; and
WHEREAS, the Agreement between the Parties provided that in the event the dominant
carrier rates were reduced during the life of the contract, the Parties would negotiate in good
faith a reduction in the commission percentage paid to the GDC under the Agreement; and
WHEREAS, WorldCom is willing to offer the commission structure described herein,
including a fixed commission for the fiscal year July 2002 through June 2003 provided that
GDC exercises the two (2) one (1) year options of the Agreement as of the dates set forth
below; and
WHEREAS, GDC intends to exercise the two (2) one (1) year options of the Agreement
provided that WorldCom is not in material default of the Agreement at that time in return for
the revised commission rates described herein with the fixed commission for the 2002-2003
fiscal year.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual
covenants and conditions hereinafter set forth, the parties hereto agree as follows:
1. Except as otherwise expressly set forth herein, the terms and conditions contained in
the Original Agreement are unchanged. The Original Agreement, including this
Amendment, shall be referred to as the "Agreement." All capitalized terms used in
this Amendment and not expressly defined herein shall have the respective meanings
given to such terms in the Agreement.
2. The Agreement is hereby amended to change the commission rate of sixty-five
percent (65%) to the following:
A.
For the period from April 1,2002, through June 30, 2002, WorldCom will pay
GDC an interim commission rate of forty nine percent (49%).
B.
For each fiscal year period (July 1 through June 30) beginning in 2002 and
continuing through 2006, the commission rate will vary based on the
commissionable revenue generated during the period as follows:
Fiscal Year Revenue
(in millions)
$0 - $19.3
$19.3+ - $23.(j), .
$23.0+
Commission Percentage
46%
51%
55%
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Commission payments will be made using the commission rate applicable to
2
the commissionable revenue generated during the prior six months. These
payments are subject to true up as described in paragraph 2.D below.
C.
Notwithstanding paragraph 2.B above, for the fiscal year July 1, 2002, through
June 30, 2003, only, WorldCom will pay GDC a commission of Thirteen
Million, One Hundred Thousand Dollars ($13.1M) to be paid in twelve (12)
equal monthly installments (even if that amount exceeds the commission due
pursuant to paragraph 2.B above) subject to the provisions of paragraphs 3 and
4 below.
D.
Beginning with fiscal year 2003 - 2004, the parties will perform a true up
every six months to adjust the commission rate for difference between the
projected and actual volume for the prior six month period and to determine
the amount of any overpayment or underpayment. The true up is calculated by
subtracting the commissions due based on the table in paragraph 2.B above
from the commission payments actually paid to GDC for the previous six
month period. Prior to true up the commission payments are calculated by
applying the projected commission rate to the actual commissionable revenue.
The projected commission rate is the rate applicable to commissionable
revenue generated during the previous six months based on the table set forth
in paragraph 2.B. To the extent commissions have been overpaid for the six
months prior to true up, WorldCom will deduct the overpayment from future
commission payments within sixty (60) days of the true up or longer if the full
amount is not recovered in sixty (60) days. To the extent there is an
underpayment, WorldCom will pay GDC the amount of the underpayment
within sixty (60) days of the true up.
3. It is the intent of GDC to exercise the two one year options to renew the contract
specified in paragraph 1.9.1 of the RFP, in consideration for the fixed commission
paid pursuant to paragraph 2.C above, unless WorldCom is in material breach of the
contract. GDC agrees to exercise the first option for fiscal year 2004-2005 no later
than November 3, 2003, and the second option for fiscal year 2005-2006 no later than
November 3,2004. The occurrence ofa "material breach" will be determined under
paragraph 7 of the Original Agreement.
4. IfGDC fails to exercise either of the option years as anticipated by the dates set forth
above in paragraph 3 or the Agreement is terminated prior to May 2,2006, for any
reason other than a material breach of the Agreement by WorldCom, commission
payments will be adjusted immediately. The adjustment will reduce commission
payments by an amount equal to the difference between the Thirteen Million, One
Hundred Thousand Dollars ($13.1M) commission payment for fiscal year 2002-2003
3
and what the actual annual commission would have been under the commission
structure set forth in paragraph 2.B above. The amount of reduction is calculated by
subtracting Thirteen Million, One Hundred Thousand Dollars ($13.1M) from the
actual commissions earned in fiscal year 2003. Actual commissions are calculated by
multiplying the commissionable revenue for fiscal year 2002-2003 times the
applicable commission percentage set forth in paragraph 2.B. In no case will this
adjustment require GDC to refund commission payments already received.
W orldCom intends to recover the full adjustment within six (6) months of the date of
notice of nonrenewal or of termination. This period of recovery will be extended only
if WorldCom is unable to recover the full amount in six (6) months.
5. The foregoing shall not be interpreted to alter or limit in any way WorldCom' s right
to dispute a finding of material breach in accordance with the terms of the Original
Agreement.
6. EXCEPT AS HEREIN MODIFIED OR AMENDED, THE PROVISIONS,
CONDITIONS AND TERMS OF THE AGREEMENT SHALL REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT. This Amendment sets forth
the entire understanding between the parties with regard to the subject matter hereof
and supersedes any prior or contemporaneous agreements, discussions, negotiations
or representations between the parties whether written or oral with respect thereto.
The Agreement, together with this Amendment, may not be amended except by the
mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by
their duly authorized representatives.
MCI WORLDCOM
COM UNICATIONS, INC.:
Name:
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Name: __~MmawrAk~E~G~lJzrl~_______
Commissioner's Designee
Title:
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Date:
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Title: ___________
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Date:
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SECOND AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
THrs SECOND AMENDMENT to a contract for Inmate Telephone Services
effective May 3, 2001 ("Original Agreement"), by and between MCr WORLDCOM
Communications, Inc. ("MCr" or "Contractor") and the GEORGIA DEPARTMENT OF
CORRECTIONS ("GDC" or "Customer"), is made and entered into as of November 3,
2004 ("Amendment Effective Date").
WITNESSETH:
WHEREAS, heretofore, the GDC and MCr entered into the Original Agreement
effective as of May 3, 2001, with respect to Inmate Collect-Only Telephone Services
("the Services") to be provided by MCr at State correctional institutions, as more fully
described therein; and
WHEREAS, heretofore, the GDC and MCr entered into the First Amendment to
the Original Agreement effective as of May 20, 2002, with respect to commission rate
MCr shall provide to GDC under the Original Agreement; and
WHEREAS, the Georgia Public Services Commission ("PSC") initiated a generic
proceeding (Docket No. I 7990-U) to review the commissions and rates associated with
inmate telephone services culminating in a hearing on July 20, 2004; and
WHEREAS, based upon the Georgia PSC's proceeding, both parties anticipate
the Georgia PSC to issue an Order setting new rates for all carriers for inmate telephone
services that may be substantially lower than the dominant carrier rates on which MCr
had based its response to the GDC's Request for Proposals to provide the Services and
First Amendment to the Original Agreement; and
WHEREAS, the Original Agreement between the Parties provides that in the
event the dominant carrier rates are reduced during the life of the contract, the Parties will
negotiate in good faith a reduction in the commission percentage paid to the GDC under
the Original Agreement; and
WHEREAS, the current Period of Performance of the Original Agreement ends
on June 30, 2005, and one option year remains exercisable for fiscal year 2005-2006; and
WHEREAS, both parties would like to extend the date by which GDC must
exercise the option year for fiscal year 2005-2006 under the First Amendment to allow
time for the parties to negotiate in good faith a new commission percentage based upon
any Georgia PSC Orders issued as a result of Docket No. 17990-U.
NOW, THEREFORE, in consideration of the foregoing premises and of the
mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows:
I
1. Except as otherwise expressly set forth herein, the terms and conditions contained
in the Original Agreement, as modified by the First Amendment are unchanged.
The Agreement, including the First Amendment and this Second Amendment,
shall be referred to as the "Agreement." All capitalized terms used in this
Amendment and not expressly defmed herein shall have the respective meanings
given to such terms in the Agreement.
2. The date ''November 3,2004" contained in paragraph 3 of the First Amendment
is hereby changed to "February 3, 2005".
3. The foregoing shall not be interpreted to alter or limit in any way MCl's right to
dispute a finding of material breach in accordance with the terms of the
Agreement.
4. EXCEPT AS HEREIN MODIFIED OR AMENDED, THE PROVISIONS,
CONDITIONS AND TERMS OF THE AGREEMENT SHALL REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT. This Amendment sets
forth the entire understanding between the parties with regard to the subject
matter hereof and supersedes any prior or contemporaneous agreements,
discussions, negotiations or representations between the parties whether written or
oral with respect thereto. The Agreement may not be amended except by the
mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be
executed by their duly authorized representatives.
MCI WORLDCOM
COMMUNICATIONS, INC.
GEORGIA DEPARTMENT OF
CORRECTIONS
BY:;'~
Name:_ _ _ _ _ _ _ _ __
Name:
Title:
Date:
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MARK E. GUZZI
Title: COMMISSIONERS DESIGNEE
Date: IIUtf/cJq
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THIRD AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
THIS THIRD AMENDMENT to a contract for Inmate Telephone Services
effective May 3,2001 ("Original Agreement"), by and between MCI WORLDCOM
Communications, Inc. ("MCI" or "Contractor") and the GEORGIA DEPARTMENT OF
CORRECTIONS ("GDC" or "Customer"), is made and entered into as of July I, 2005
("Amendment Effective Date").
WITNESSETH:
WHEREAS, heretofore, the GDC and MCI entered into the Original Agreement
effective as of May 3,2001, with respect to Inmate Collect-Only Telephone Services
("the Services") to be provided by MCI at State correctional institutions, as more fully
described therein; and
WHEREAS, heretofore, the GDC and MCI entered into the First Amendment to
the Original Agreement effective as of May 20,2002, with respect to the commission rate
MCI shall provide to GDC under the Original Agreement; and
WHEREAS, the Georgia Public Services Commission ("PSC") initiated a generic
proceeding (Docket No. 17990-U) to review the commissions and rates associated with
inmate telephone services culminating in a hearing on July 20, 2004; and
WHEREAS, based upon the Georgia PSC's proceeding, the Georgia PSC issue
an Order setting new rates for all carriers for inmate telephone services that are
substantially lower than the dominant carrier rates on which MCI had based its response
to the GDC's Request for Proposals to provide the Services and First Amendment to the
Original Agreement; and
WHEREAS, the Original Agreement between the Parties provides that in the
event the dominant carrier rates are reduced during the life ofthe contract, the Parties will
negotiate in good faith a reduction in the commission percentage paid to the GDC under
the Original Agreement; and
WHEREAS, the current Period of Performance of the Original Agreement ends
on June 30, 2005, and one option year remains exercisable for fiscal year 2005-2006; and
NOW, THEREFORE, in consideration of the foregoing premises and of the
mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows:
1. Except as otherwise expressly set forth herein, the terms and conditions contained
in the Original Agreement, as modified by the First and Second Amendments are
unchanged. The Agreement, including the First Amendment, Second
Amendment and this Third Amendment, shall be referred to as the "Agreement."
All capitalized terms used in this Amendment and not expressly defined herein
shall have the respective meanings given to such terms in the Agreement.
2. GDC hereby exercises its option to renew the Agreement for an additional oneyear period to run from July I, 2005 through June 30, 2006. MCI and GDC agree
that the commission rate for this renewal period shall be 50.7%.
3. GDC and MCI hereby agree to extend the term of the Agreement for an additional
one-year period to run from July I, 2006 through June 30, 2007. MCI and GDC
agree that the commission rate for this extension period shall be 50.1 %.
4. At the conclusion ofthe one-year extension period (June 30, 2007), GDC shall, at
its discretion, have the option to renew the Agreement for two additional fiscal
years, exercisable in one-year increments (July 1 - June 30), upon the same terms
and conditions as agreed upon in the Agreement, with the exception of
commission rates. The commission rates for these final two option years shall be
negotiated and agreed upon by GDC and MCI six (6) months in advance of the
presumptive effective date of each of the renewal years. If commission rate
negotiations for either of the renewal years fail to produce a commission rate that
is acceptable to both GDC and MCI GDC is entitled to re-bid the contract for
inmate telephone services.
5. EXCEPT AS HEREIN MODIFIED OR AMENDED, THE PROVISIONS,
CONDITIONS AND TERMS OF THE AGREEMENT SHALL REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT. This Amendment sets
forth the entire understanding between the parties with regard to the subject
matter hereof and supersedes any prior or contemporaneous agreements,
discussions, negotiations or representations between the parties whether written or
oral with respect thereto. The Agreement, together with this Amendment, may
not be amended except by the mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed
by their ~uly authorized representatives.
MCI WORLDCOM
COMMUNICATIONS, INC.
GEORGIA DEPARTMENT OF
CORRECTIONS
N~u",. ___________~_____
MARK E. GUZZI
Title: _ _ _ _ _ _ _ _ _ __
Date:
=Z\1.,(/01'--
Titl~MMISSIONEFfS DESIGNEE
Date: ___----'1~~_'_13=_·_O-''Sc....-
____
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FOURTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
TIllS FOURTH AMENDMENT to a contract for Inmate Telephone Services
effective May 3,2001 ("Original Agreement"), by and between MCI WORLDCOM
Communications, Inc. (''MCr' or "Contractor") and the GEORGIA DEPARTMENTOF
CORRECTIONS ("GDC" or "Customer"), is made and entered into as of September 1,
2005 ("Amendment Effective Date").
WITNESSETH:
WHEREAS, heretofore, the GDC and Mcr entered into the Original Agreement
effective as of May 3,2001, with respect to Inmate Collect-only Telephone Services
(''the Services") to be provided by Mcr at State correctional institutions, as more fully
described therein; and
WHEREAS, pursuant to the. Original Agreement MCI agreed to provide refresher
training support to GDC staff:" and
WHEREAS, over,the life of the Original Agreement the need for refresher
training has become lessened due to GDC staffbecoming more knowledgeable of the
system; and
WHEREAS, the parties to the Original Agreement desire to alter the refresher
training requirement.
NOW, THEREFORE, in consideration of the foregoing premises and of the
mutual covel1l!l1ts and conditions hereinaftelset forth, the parties hereto agree as follows:
1. Except as otherwise expressly set forth herein, the terms and conditions contained
in the Original Agreement, as modified by the First, Second, and Third
Amendments are unchanged.
2. The parties hereby agree to delete Paragraph E of Section 3.0 on Page 3-51 of
Volume r of Contractor's Technical Proposal in its entirety and to replace said
paragraph with the following language:
"E. Refresher Training - Refresher training is available to
GDC at any time, upon request. All refresher training will
be coordinated through the MCr Operations Center in
Gainesville, Florida and shall be scheduled at times and
locations that are convenient to GDC in order to
accommodate the needs of GDC staff and administration.
The refresher training cUrriculum will be the same as the
training that was delivered at the time of system
installation. The refresher training sessions can, however,
be tailored for each audience to ensure the most appropriate
topics are covered. To request refresher training, GDC
shall contact the toll free number of the MCI Operations
Center located in Gainesville, Florida Once a request for
refresher training is received Contractor will work with
ODC staff in scheduling the refresher training. Contractor
will maintain one in-state trainer who shall be assigned to
and honsed at Telfair State Prison. This in-state trainer will
provide daily PIN and call list service to Telfair State
Prison."
3. The parties hereby agree to delete the paragraph titled ''Training contained on
Page 3-62 of Volume I of Contractor's Technical Proposal in its entirety and to
replace said paragraph with the following language:
"Training.' Worldcom will dedicate one full-time trainer to
do refresher training to ODC personnel over the life of the
contract. The trainer will be assigned to and work outof
Telfair State Prison."
4; In consideration ofODC agreeing to reduce Contractor's training requirements
under the Original Agreement, Contractor agrees to provide call list service to
Baldwin State Prison and, as needed, similar support to all other state prisons and
detention centers when the local system administrator is absent on sick or
scheduled leave. At these locations call lists will be updated by GDC faxing
changes to the MCI Operations Center located in Gainesville, Florida via a 1-800
line at no cost to ODC.
5. EXCEPT AS HEREIN MODIFIED OR AMENDED, THE PROVISIONS,
CONDmONS AND TERMS OF THE AGREEMENT SHALL REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT. This Amendment sets
forth the entire nnderstanding between the parties with regard to the subject.
matter hereof and supersedes any prior or contemporaneous agreements,
discussions, negotiations or representations between the parties whether written or
oral with respect thereto. The Agreement, together with this Amendment, may
not be amended except by the mutual written agreement of the parties.
IN WTINESS WHEREOF, the parties have caused this Amendment to be executed
by their duly authorized representatives.
Mel WORLDCOM
COMMUNICATIONS, INC.
GEORGIA DEPARTMENT OF
CORRECTIONS
Name:_ _---I.--_ _-'---'----_ _
Title:_ _ _-----,_ _ _ _ __
~--':~-I:l-<>:;-=-~--~
Date:,_ _ t-l
9.-'...'
MARK E. GUZZI
Title: COMMISSIONERS DESIGNEE
FIFTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
TIDS FIFTIf AMENDMENT to the contract for Inmate Telephone Services that became
effective May 3,2001 ("Original Agreement"), by and between Verizon Business Network
Services Inc. on behalf ofMCI Communications Services, Inc. (formerly "MCI WORLDCOM
Communications, Inc.") d/b/a Verlzon Business ("Verizon" or "Contractor'') and the GEORGIA
DEPARTMENT OF CORRECTIONS ("GDC" or "Customer"), is made and entered into as of
March 1, 2007 ("Amendment Effective Date").
.
WITNESSETH:
WHEREAS, heretofore, the GDC and Verizon entered into the Original Agreement
effective as of May 3, 2001, with respect to Irimate Collect-Only Telephone Services ("the
Services") to be provided by Verizon at State correctional institutions, as more fully described
therein; and
WHEREAS, heretofore, the GDC and Verizon entered into the First Amendment to the .
Original Agreement effective as of May 20,2002, with respect fu the commission rate Verizon
shall provide to GDC under the Original Agreement; and
WHEREAS, the Georgia Public Services Commission (''PSC'') initiated a generic
proceeding (Docket No. 17990-U) to review the commissions and rates associated with inmate
telephone services culminating in a hearing on July 20, 2004; and
WHEREAS, based upon the GeorgiaPSC's proceeding, the GeorgiaPSC issue an Order
settingilew rates for all carriers for inmate telephone services that are substantially lower than
the dominant carrier rates on which Verizon had based its response to the GDC's Request for
Proposals to provide the Services and First Amendment to the Original Agreement; and
WHEREAS, the Original Agreement between the Parties provides that in the event the .
dominant carrier rates are reduced. during the life of the contract, the Parties will negotiate in
good faith a reduction in the commission percentage paid to the GDC under the Original
Agreement; and
.
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WHEREAS; the Parti~ have subsequently entered into a Second, Third, and Fourth
Amendment to the Original Agreement; and
WHEREAS, under the terms of the Third Amendment to the Agreement GDC was
granted the option to renew the Agreement for two additional fiscal years, beginning with fiscal
year 2007-2008, that are exercisable in one-year increments; and
WHEREAS, the current Period of Performance of the Original Agreement ends on June
30, 2007, and GDC wishes to exercise its option extend the Agreement for an additional fiscal
year.
1
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NOW, THERpFORE, in consideration of the foregoing premises and of the mutual
covenants and conditions hereinafter set forth, the parties hereto agree as follows: .
1. Except as otherwise expressly set forth herein, the terms and conditions contained in the
Original Agreement, as modified by the First, Second, Third, and Fourth Amendments
are unchanged. The Agreement, including all amendments shall be referred to as the
"Agreement." All capitalized tenns used in this Amendment and not expressly defined
herein shall have the respective meanings given to such tenns in the Agreement.
2. GDC hereby exercises its option to renew the Agreement for an additional one-year
period to run from July 1, 2007 through June 30, 2008. Verizon and GDC agree that the
commission rate for this renewal period shall be 49.5%.
3. At the conclusion of the one-year extension period (June 30, 2008), GDC shall, at its
discretion, have the option to renew the Agreement for one additional fiscal year upon
the same tenns and conditions as agreed upon in the Agreement, with the exception of
commission rates. The commission rate for the final option year shall be negotiated and
agreed upon by GDC and Verizon six (6) months iri advance of the presumptive effective
date of the renewal year. If commission rate negotiations for the renewal year fails to
produce a connnission rate that is acceptable to both ODC and Verizon GDC is entitled
to re-bid the contract for inmate telephone services.
4. EXCEPT AS HEREIN MODIFIED OR AMENDED, THE PROVISIONS,
CONDITlONSANDTERMSOFTHEAGREEMENTSHALLREMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT. This Amendment sets forth the
entire understanding between the parties with regard to the subject matter hereof and
supersedes any prior or contemporaneous agreements, discussions, negotiations or
representations between the parties whether written or oral with respect thereto. The
Agreement, together with this Amendment, may not be amended except by the mutnal
writteJi agreement of the parties.
+
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly
authorized representatives.
GEORGIA DEPARTMENT OF
CORRECTIONS
BY:.________~~________
Name:
-
Title:
MarkE.
Suleiman Hessami
VP PricingfContra<:t Maoagemeot
Date:,---,-..::::3,-~--,I,-&f':"'-_O-=---.LJ _ __
Title::~~~~~~!.fD~e~s1figl!n!§e~e
Date:----'L/'-!,/-=.L/.....,io"---'1<---_ __
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GEORGIA DEPARTMENT OF CORRECTIONS
LEGAL OFFICE
SIXTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
TIllS SIXTH AMENDMENT to the contract for Inmate Telephone Services that became
effective May 3,2001 ("Original Agreement"), by and between Global Tel*Link (formerly "Verizon
Business Network Services Inc." on behalf ofMCI Communication Services, Inc formerly "MCI
WORLDCOM Communications, Inc." d/b/a Verizon Business) and the GEORGIA DEPARTMENT OF
CORRECTIONS ("GDC" or "Customer"), is made and entered into July 1,·2008 ("Amendment
Effective Date").
WITNESSETH:
WHEREAS, heretofore, the GDC and Global Tel*Link ("GTL"), with respect entered into the
original Agreement effective as of May 3, 2001, with respect to Inmate Collect - Only Telephone
Services ("the Services") to be provided by GTL at State Correctional Institutions, as more fully
described therein; and
WHEREAS, heretofore, the GDC and GTL entered into the First Amendment to the Original
Agreement effective as of May 20, 2002, with respect to the commission rate Global Tel*Link shall
provide to GDC under the Original Agreement; and
WHEREAS, the Georgia Public Service Commission ("PSC") initiated a generic proceeding
(Docket No. 17990-U) to review the commissions and rates associated with telephone services
culminating in a hearing on July 30, 2004; and
WHEREAS, based upon the Georgia PSC's proceeding, the Georgia PSC issued an Order
setting new rates for all carriers for inmate telephone services that are substantially lower than the
dominant carrier rates on which GTL had based it's response to the GDC'sRequest for Proposal to
provide the Services and the First Amendment to the Original Agreement, and;
WHEREAS, the Original Agreement between the Parties provides that in the event the dominant
carrier rates are reduced during the life of the contract, the Parties will negotiate in good faith a
reduction in the commission percentage paid to the GDC under the Original Agreement, and;
WHEREAS, the Parties have subsequently entered into a Second, Third, Fourth, and Fifth
Amendment to the Original Agreement; and
1
WHEREAS, under the terms of the Third Amendment of the Agreement GDC was granted the
option to renew the Agreement for two additional fiscal years, beginning with fiscal year 2007-2008,
that are exercisable in one-year increments; and
WHEREAS, the current Period ofPerfonnance ends on June 30, 2008, and GDC wishes to
exercise its final remaining option to extend the Agreement for the fiscal year 2009.
NOW, TIIEREFORE, in consideration of the foregoing premises and of the mutual covenants
and conditions hereinafter set forth, the parties hereto agree as follows:
1. Except as otherwise expressly set forth herein, the terms and conditions set forth in the
Original Agreement, as modified by the First, Second, Third, Fourth, and Fifth Amendments
are unchanged. The Agreement, including all amendments, shall be referred to as the
"Agreement". All capitalized tenns used in this Amendment and not expressly defined herein
shall have the respective meanings given to such terms in the Agreement.
2. GDC hereby exercises its option to renew the Agreement for an additional one-year period to
run from July 1, 2008 through June 30, 2009. GTL and GDC agree that the commission rate
for this renewal period shall be 49.5%.
3. At the conclusion of the one-year extension period (June 30, 2009), GDC shall re-bid the
contract for inmate telephone services.
4. EXCEPT AS HEREIN MODIFIED OR AMENDED, THE PROVISIONS, CONDITIONS
AND TERMS-OF THE AGREEMENT SHALL REMAIN UNCHANGED AND IN FULL
FORCE AND EFFECT. This Amendment sets forth the entire understanding between the
parties with regard to the subject matter hereof and supersedes any prior or
contemporaneous agreements, discussions, negotiations or representations between the
parties whether written or oral with respect thereto. The Agreement, together with this
Amendment, may not be amended except by the mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Amendmentto be executed by their duly
authorized representatives.
.
GEORGIA DEPARTMENT OF
CORREC ON
Mark E Guzzi
Assistant General COblnsei
Title:
2
Comm'.,s;"'!,!@!,,~ b?siqflee
SEVENTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
THIS SEVENTH AMENDMENT to the contract for Inmate Telephone Services
that became effective May 3, 2001 ("Original Agreement"), by and between Global
Tel*Link Corporation ("GTL" or "Contractor"), formerly "Verizon Business Network
Services Inc. on behalf of MCI Communication Services, Inc. formerly "MCI
WORLDCOM Communications, Inc." d/b/a Verizon Business, and the GEORGIA
DEPARTMENT OF CORRECTIONS ("GDC" or "Customer"), is made and entered into
as of January
, 2009 ("Amendment Effective Date").
WITNESSETH:
WHEREAS, GDC and GTL entered into the Original Agreement effective as of
May 3,2001, with respect to Inmate Collect-Only Telephone Services ("the Services") to
be provided by GTL at State correctional institutions, as more fully described therein; and
WHEREAS, GDC and GTL entered into the First Amendment to the Original
Agreement effective as of May 20, 2002, with respect to the commission rate GTL shall
provide to GDC under the Original Agreement; and
WHEREAS, the Georgia Public Services Commission ("PSC") initiated a generic
proceeding (Docket No. 17990-U) to review the commissions and rates associated with
inmate telephone services culminating in a hearing on July 20, 2004; and
WHEREAS, based upon the Georgia PSC's proceeding, the Georgia PSC issued
an Order setting new rates for all carriers for inmate telephone services that are
substantially lower than the dominant carrier rates on which GTL had based its response
to the GDC's Request for Proposals to provide the Services and First Amendment to the
Original Agreement; and
WHEREAS, the Original Agreement between the Parties provides that in the
event the dominant carrier rates are reduced during the life of the contract, the Parties will
negotiate in good faith a reduction in the commission percentage paid to the GDC under
the Original Agreement; and
WHEREAS, the Parties have subsequently entered into a Second, Third, Fourth,
Fifth, and Sixth Amendment to the Original Agreement; and
WHEREAS, under the terms ofthe Third Amendment to the Agreement GDC
was granted the option to renew the Agreement for two additional fiscal years, beginning
with fiscal year 2007-2008, that are exercisable in one-year increments; and
WHEREAS, the current Period of Performance of the Original Agreement ends
on June 30, 2009.
NOW, THEREFORE, in consideration of the foregoing premises and of the
mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows:
I. Except as otherwise expressly set forth herein, the terms and conditions contained
in the Original Agreement, as modified by the First, Second, Third, Fourth, Fifth,
and Sixth Amendments are unchanged. The Agreement, including all
amendments shall be referred to as the "Agreement." All capitalized terms used
in this Amendment and not expressly defined herein shall have the respective
meanings given to such terms in the Agreement.
2. GDC and GTL hereby agree to retroactively change the GDC Commission rate to
56% effective December 1,2008.
3. GDC and GTL hereby agree to extend the term of the Agreement for an
additional one-year period to run from July 1,2009 through June 30, 2010. GTL
and GDC agree that the commission rate for this extension period shall be 58%.
4. At the conclusion of the one-year extension period (June 30, 2010), GDC shall, at
its discretion, have the option to renew the Agreement for two additional fiscal
years, exercisable in one-year increments (July 1,2010 to June 30, 2011 and July
1,2011 to June 30, 2012.), upon the same terms and conditions as agreed upon in
the Agreement with exception of the commission rate for fiscal year 2012.
5. Atthe conclusion of the one-year extension period (June 30, 2011), GDC shall, at
its discretion, have the option to renew the Agreement for fiscal year 2012 (
Julyl, 2011 to June 30, 2012) with the commission rate of 59.5%.
6. GDC and GTL hereby agree to modify the requirements of paragraph 3.2.1 "Call
Recording" of Volume I: Techuical Proposal to require 12 months of recording
available on hard disk at no additional cost to GDC.
7. GDC and GTL hereby agree to increase the current VPN access count from 20
users to 35 users at no additional cost to GDC.
8. GDC and GTL hereby agree to migrate Dodge State Prison and Central Probation
Detention Center to the GTL Services under the same terms and conditions as
agreed upon in the Agreement at no additional cost to GDC.
9. GDC and GTL hereby agree to modify the requirements of paragraph 2.1.2 of
Volume I: Technical Proposal to include the provision of the capability for
inmates to make secured collect calls to cellular phones from Inmate phones
under the same terms and conditions as agreed upon in the Agreement at no
additional cost to GDC. Secured call completion to cellular phones must meet the
requirements of the direct remit billing process as presented in October 2008 by
GTL to GDC. GTL agrees to disclose billing account information as requested, on
an as needed basis, by GDC.
10. EXCEPT AS HEREIN MODIFIED OR AMENDED, THE PROVISIONS,
CONDITIONS AND TERMS OF THE AGREEMENT SHALL REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT. This Amendment sets
forth the entire understanding between the parties with regard to the subject
matter hereof and supersedes any prior or contemporaneous agreements,
discussions, negotiations or representations between the parties whether written or
oral with respect thereto. The Agreement, together with this Amendment, may
not be amended except by the mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by
their duly authorized representatives.
GLOBAL TEL*LINK
CORPORATION
BY:__
~~~~~~· _
__~____
Name:
St:ffW-{ S. w.t~~
GEORGIA DEPARTMENT OF
CORRECTIONS
BY:~~~
Name:
Title: (12.t.":>'G>eoUT-~~\)ltr~
Title:
Date:_---->.(+/,.,,''It'{D't' -'-___________
Date:
Yurie Y. Bae
ASsistant Counsel
Commissioner's Designee
Clio I () 1
EIGHTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
THIS EIGHTH AMENDMENT to the contract for Inmate Telephone Services
that became effective May 3, 2001 ("Original Agreement"), by and between Global
Tel*Link ("GTL" or "Contractor"), formerly "Verizon Business Network Services Inc."
on behalf ofMCI Communication Services, Inc. formerly "MCI WORLDCOM
. Communications, Inc." d/b/a Verizon Business, and the GEORGIA DEPARTMENT OF
CORRECTIONS ("GDC" or "Customer"), is made and entered into as of February / V,
2010 ("Amendment Effective Date").
WITNESSETH:
WHEREAS, heretofore, GDC and GTL entered into the Original Agreement
effective as of May 3, 2001, with respect to Inmate Collect-Only Telephone Services
("the Services") to be provided by GTL at State correctional institutions, as more fully
described therein; and
WHEREAS, GDC and GTL entered into the First Amendment to the Original
Agreement effective as of May 20, 2002, with respect to the commission rate Global
Tel*Link shall provide to GDC under the Original Agreement; and
WHEREAS, the Georgia Public Services Commission ("PSC") initiated a generic
proceeding (Docket No. 17990-U) to review the commissions and rates associated with
inmate telephone services culminating in a hearing on July 20, 2004; and
WHEREAS, based upon the Georgia PSC's proceeding, the Georgia PSC issued
an Order setting new rates for all carriers for inmate telephone services that are
substantially lower than the dominant carrier rates on which GTL had based its response
to the GDC's Request for Proposals to provide the Services and First Amendment to the
Original Agreement; and
WHEREAS, the Original Agreement between the Parties provides that in the
event the dominant carrier rates are reduced during the life of the contract, the Parties will
negotiate in good faith a reduction in the commission percentage paid to the GDC under
the Original Agreement; and
WHEREAS, the Parties have subsequently entered into a Second, Third, Fourth,
Fifth, Sixth, and Seventh Amendment to the Original Agreement; and
WHEREAS, under the terms of the Seventh Amendment to the Agreement GDC
was granted the option to renew the Agreement for two additional fiscal years, beginning
with fiscal year 2010-2011, that are exercisable in one-year increments; and
WHEREAS, the current Period of Performance of the Original Agreement ends
on June 30, 2010.
Page 1 of2
EIGHTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
NOW, THEREFORE, in consideration of the foregoing premises and ofthe
mutnal covenants and conditions hereinafter set forth, the parties hereto agree as follows:
1. Except as otherwise expressly set forth. herein, the terms and conditions contained
in the Original Agreement, as modified by the First, Second, Third, Fonrth, Fifth,
Sixth and Seventh Amendments are unchanged. The Agreement, including all
amendments shall be referred to as the "Agreement." All capitalized terms used
in this Amendment and not expressly defined herein shall have the respective
meanings given to such terms in the Agreement.
2. GDC and GTL hereby agree to extend the term of the Agreement for an
additional one-year period to run from July 1, 2010 through June 30, 2011. GTL
and GDC agree that the commission rate for this extension period shall be 58%.
3. At the conclusion of the one-year extension period (June 30, 2011), GDC shall, at
its discretion, have the option to renew the Agreement for one additional fiscal
year, (July 1,2011 - June 30, 2012), upon the same terms and conditions as
agreed upon in the Agreement. GTL and GDC agree that the commission rate for
this FY 2012 extension period shall be 59.5%.
4. EXCEPT AS HEREIN MODIFIED OR AMENDED, THE PROVISIONS,
CONDITIONS AND TERMS OF THE AGREEMENT SHALL REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT. This Amendment sets
forth the entire understanding between the parties with regard to the subject
matter hereof and supersedes any prior or contemporaneous agreements,
discussions, negotiations or representations between the parties whether written or
oral with respect thereto. The Agreement, together with this Amendment, may
not be amended except by the mutnal written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by
their du1y authorized representatives.
GLOBAL TEL *LINK
GEORGIA DEPARTMENT OF
CORPJ~~_
BY:_~<-bf.lL-----'------'---~----Ilc-----
Title :_?l.J"L<'' ' ' ..udLOW''-+4-1~:,,,,<-,,-vv~i-,,-a,,,s,,--_ __
Title:
Z,---'(':i-\,CI:.::O'-_ _ _ _ __
Date: __ __
Date:,_~------'-(I_<X_I--"'/O _ __
_
Page 2 of2
NINTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
THIS NINTH AMENDMENT to the contract for Inmate Telephone Services that
became effective May 3, 2001 ("Original Agreement"), by and between Global Tel*Link
("GTL" or "Contractor"), formerly "Verizon Business Network Services Inc." on behalf
ofMCI Communication Services, Inc. formerly "MCI WORLDCOM Communications,
Inc." d/b/a Verizon Business, and the GEORGIA DEPARTMENT OF CORRECTIONS
("GDC" or "Customer"), is made and entered into as of August
2010
("Amendment Effective Date").
L
WITNESSETH:
WHEREAS, heretofore, GDC and GTL entered into the Original Agreement
effective as of May 3, 2001, with respect to Inmate Collect-Only Telephone Services
("the Services") to be provided by GTL at State correctional institutions, as more fully
described therein; and
WHEREAS, GDC and GTL entered into the First Amendment to the Original
Agreement effective as of May 20,2002, with respect to the commission rate Global
Tel*Link shall provide to GDC under the Original Agreement; and
WHEREAS, the Georgia Public Services Commission ("PSC") initiated a generic
proceeding (Docket No. 17990-U) to review the commissions and rates associated with
inmate telephone services culminating in a hearing on July 20, 2004; and
WHEREAS, based upon the Georgia PSC's proceeding, the Georgia PSC issued
an Order setting new rates for all carriers for inmate telephone services that are
substantially lower than the dominant carrier rates on which GTL had based its response
to the GDC's Request for Proposals to provide the Services and First Amendment to the
Original Agreement; and
WHEREAS, the Original Agreement between the Parties provides that in the
event the dominant carrier rates are reduced during the life of the contract, the Parties will
negotiate in good faith a reduction in the commission percentage paid to the GDC under
the Original Agreement; and
WHEREAS, the Parties have subsequently entered into a Second, Third, Fourth,
Fifth, Sixth, Seventh, and Eighth Amendment to the Original Agreement; and
WHEREAS, the current Period of Performance of the Original Agreement ends
on June 30, 2011.
P~OP
1
nf~
NINTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
NOW, THEREFORE, in consideration of the foregoing premises and of the
mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows:
I. Except as otherwise expressly set forth herein, the terms and conditions contained in
the Original Agreement, as modified by the First, Second, Third, Fourth, Fifth, Sixth,
Seventh, and Eighth Amendments are unchanged. The Agreement, including all
amendments shall be referred to as the "Agreement." All capitalized terms used in
this Amendment and not expressly defmed herein shall have the respective meanings
given to such terms in the Agreement.
2. GDC and GTL hereby agree to an immediate reduction in contractually required six
(6) field technician positions to a quantity of five (5) field technician positions for the
remaining term of the Agreement. However, GDC shall, at its discretion, require a
return to six (6) field technician positions or provision of other additional resources at
any time due to an increase in trouble tickets, an increase in category outages, an
increase in facility outages or an increase in system downtimes over the previous
quarter's uptime statistics. In addition, GDC will work to expand inmate phone
operating hours at the sole discretion of the GDC Corrections Division. These
considerations will be granted in exchange for the provision of four (4) CelleBrite
Universal Forensic Extraction Devices as described in Quote Number: m7273 from
CelleBrite USA, Corp. GDC will order the devices from CelleBrite with
reimbursement payable by GTL in the amount of$32,339.96 within 30 days of
receipt of devices by GDC. Parties agree that GTL's sole responsibility related to the
four (4) Cellebrite Universal Forensic Extraction Devices as described in Quote
Number: m7273 is to provide the reimbursement of$32,339.96 to GDC within 30
days of receipt of devices by GDC. GTL shall not be responsible for maintenance,
repairs, damage to the Cellebrite equipment, or damage or injury caused by the
Cellebrite equipment. GTL offers no warranties, including any implied warranties of
merchantability or fitness for a particular purpose, or guarantees of replacement of the
equipment. GTL shall assume no liability that may arise from the Cellebrite
equipment.
3. At the conclusion of the one-year extension period (June 30, 2011), GDC shall, at its
discretion, have the option to renew the Agreement for one additional fiscal year,
(July 1,2011 - June 30, 2012), upon the same terms and conditions as agreed upon in
the Agreement. GTL and GDC agree that the commission rate for this FY 2012
extension period shall be 59.5%. The continuation of five (5) field technician
positions will be granted if uptime report statistics remain at an acceptable level to
GDC.
4. EXCEPT AS HEREIN MODIFIED OR AMENDED, THE PROVISIONS,
CONDITIONS AND TERMS OF THE AGREEMENT SHALL REMAIN
UNCHANGED AND IN FULL FORCE AND EFFECT. This Amendment sets forth
the entire understanding between the parties with regard to the subject matter hereof
and supersedes any prior or contemporaneous agreements, discussions, negotiations
or representations between the parties whether written or oral with respect thereto.
NmTHAMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
The Agreement, together with this Amendment, may not be amended except by the
mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by
their duly authorized representatives.
GLOBAL TEL *LINK
CORPORATION
GEORGIA DEPARTMENT OF
CORRECTIONS
BY:~
Name:_Jeffrey B. Haidinger_ _ __
Title:_President, Services_ _ _ __
Mark E. Guzzi
. Assistant General Counsel
TItle: CommiSS!9ner@l D@@lgfl1~e
Date:_-=-!+=&::..,!rf.l."'-O_ _ _ _ __
Date:
Name.
WI/!(J
EXECUTIVE SUMMARY
SCOPE OF SERVICES: (Make this information brief, but descriptive enough so that it may be easily understood.)
To extend contract for Inmate Telephone Services
PI ease c h eck approprIate b ox:
D
D
D
D
D
D
CONSULTANT CONTRACT, NEW
CONSULTANT CONTRACT, RENEWAL
LEITER OF AGREEMENT, NEW
LETTER OF AGREEMENT, RENEWAL
LEASE AGREEMENT
MEMORANDUM OF UNDERSTANDING
CONSULTANT/CONTRACTOR:
ORIGINATING UNIT:
TELEPHONE:
INTERGOVERNMENTAL AGREEMENT
INTERAGENCY AGREEMENT
WORK DETAIL, NEW
WORK DETAIL, RENEWAL
CONSTRUCTION CONTRACT, NEW
D
D
D
D
D
~
CONTRACT AMENDMENT
I Global Tel*Link
I Administration
CONTACT NAME:
TODAY'S DATE:
1478-992-6326
Scott Poitevint
June 27, 2011
Effective Date
July 1,2011
Termination Date
Renewal Option
Yes
Organization Number
Purchase Order Number
Subclass
Amount Of Amendment
June 30th, 2012
Project Number
Amendment Number
Program Number
10
GSFIC Project Number
Account Number
Payment Terms
Total Contract Amount
Is this a Minority Vendor?
NO
Is this a Non-Profit Organization?
NO
Was Competitive Bidding Sought?
()
'--U
C""""t.-~;;;j-/'< ~
YES
~
If competitive Bidding h .. not been ,oughyfuplain:
(
The ["1""'''#0'' I" tid, box is T",e a"d
</
'<,..
Signature of Contact Person
FOR CENTRAL OFFICE USE ONLY
DIVISION DIRECTOR APPROVAL
BUDGET OFFICE APPROVAL
______________~~~----_ Date.-____________
CONTRACT ADMINISTRATION APPROVAL
--------~+_~~4_------
LEGAL OFFICE APPROVAL
-----/l'--""----'-1,----------;r--
Revised 6/27/11
[p,,' ,}7 - )J
Date 6 -16 - I !
Date
TENTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
THIS TENTH AMENDMENT ("Amendment") to the contract for Inmate Telephone
Services originally entered into on May 3, 2001 ("Original Agreement") is entered into as of
the date it has been fully executed by the parties to this Amendment, by and between the
Georgia Department of Corrections ("Department"), an agency of the State of Georgia, and
Global Tel*Link Corporation ("Contractor"), the assignee of "MCI WorldCom
Communications, Inc." d/b/a! Verizon Business, a company duly authorized by law to
transact business in the State of Georgia.
The purpose of this amendment is to extend the agreement through fiscal year 2012.
NOW, THEREFORE, in consideration ofthese premises and the mutual promises and
agreements hereinafter set forth, the parties hereby agree as follows:
1. Except as otherwise expressly set forth herein, the terms and conditions contained in
the Original Agreement, as modified by the First, Second, Third, Fourth, Fifth, Sixth,
Seventh, Eighth, and Ninth Amendments are unchanged. The Agreement, including
all amendments shall be referred to as the "Agreement." All capitalized terms used in
this Amendment and not expressly defined herein shall have the respective meanings
given to such terms in the Agreement.
1. The Department shall exercise its option to renew the Agreement for one (1)
additional fiscal year commencing on July 1,2011 and terminating at 11:59 p.m. on
June 30, 2012. The Department and Contractor agree that the commission rate during
the term provided for in the Amendment shall be 59.5%. The Department and
Contractor may extend or modifY the Agreement by mutual written agreement as
cellphone detection technology is identified, tested, and approved.
2. Except as herein modified or amended, the provisions, conditions, and terms of the
Agreement shall remain unchanged and in full force and effect. This Amendment sets
forth the entire understanding between the parties with regard to the subject matter
hereof and supersedes any prior or contemporaneous agreements, discussions,
negotiations, or representations between the parties whether written or oral with
respect thereto. The Agreement, together with this Amendment, may not be amended
except by the mutual written agreement of the parties.
4. This Amendment may be executed in multiple counterparts, each of which shall be an
original but all of which shall constitute one agreement. No party shall be bound by
this Amendment until each party has executed it.
IN WITNESS WHEREOF, the parties have caused the authorized representatives of
each to execute this Amendment on the day and year first above written.
GEORG~ARTMENTOF
CORREl
S:
fit.
BY: ~~------~~~~--
GLOBAL TEL *LINK
CORPORATION:
BY:~
NAME:
TITLE:
Ieffi£.,"\ B . BaA O\rg:c
TITLE: ~(-eS\~,,
5e{"v,'cC-?r-
_~+(_"t___________
DATE:. ___{g-+-(_z
ELEVENTH AMENDMENT TO CONTRACT FOR
INMATE TELEPHONE SERVICES
THIS ELEVENTH AMENDMENT ("Amendment") to the contract for Inmate
Telephone Services originally entered into on May 3,2001 ("Original Agreement") is entered
into as of the date it has been fully executed by the parties to this Amendment, by and
between the Georgia Department of Corrections ("Department"), an agency of the State of
Georgia, and Global Tel*Link Corporation ("Contractor"), the assignee of"MCI WorldCom
Communications, Inc." d/b!a! Verizon Business, a company duly authorized by law to
transact business in the State of Georgia.
The purpose of this amendment is to extend the agreement through fiscal year 2013,
increase the commission rate to 60%, and require Contractor to reimburse the Department for
ten (10) CellSense Search Systems.
NOW, THEREFORE, in consideration ofthese premises and the mutual promises and
agreements hereinafter set forth, the parties hereby agree as follows:
1. Except as otherwise expressly set forth herein, the terms and conditions contained in
the Original Agreement, as modified by the First, Second, Third, Fourth, Fifth, Sixth,
Seventh, Eighth, Ninth and Tenth Amendments are unchanged. The Agreement,
including all amendments shall be referred to as the "Agreement." All capitalized
terms used in this Amendment and not expressly defined herein shall have the
respective meanings given to such terms in the Agreement.
2. The Department and Contractor hereby agree to extend the term of the Agreement for
one (1) additional fiscal year commencing on July 1, 2012 and terminating at 11 :59
p.m. on June 30,2013. The Department and Contractor agree that the commission
rate during the term provided for in the Amendment shall be 60%. Additionally, the
Contractor agrees to reimburse Department for the purchase of ten (10) CellSense
Search Systems in the amount of $95,320.00 within 30 days of receipt of the
CellSense Search System devices by Department. Contractor shall not be responsible
for the maintenance, repairs, damage to the CellSense devices, or damage or injury
caused by the CellSense devices. Contractor offers no warranties, including any
implied warranties of merchantability or fitness for a particular purpose, or guarantees
of replacement of the devices. Contractor shall assume no liability that may arise
from the use of the CellSense devices.
3. Except as herein modified or amended, the provisions, conditions, and terms of the
Agreement shall remain unchanged and in full force and effect. This Amendment sets
forth the entire understanding between the parties with regard to the subject matter
hereof and supersedes any prior or contemporaneous agreements, discussions,
negotiations, or representations between the parties whether written or oral with
respect thereto. The Agreement, together with this Amendment, may not be amended
except by the mutual written agreement of the parties.
4. This Amendment may be executed in multiple counterparts, each of which shall be an
original but all of which shall constitute one agreement. No party shall be bound by
this Amendment until each party has executed it.
IN WITNESS WHEREOF, the parties have caused the authorized representatives of
each to execute this Amendment on the day and year first above written.
GEORGIA DEPARTMENT OF
CORRECT NS:
GLOBAL TEL*LINK
CORPORATION:
BY:
TITLE: _ _ _ _ _ _ _ __
DATE: _ _ _ _ _ _ _ __
~_(
DATE: _ _f,-+1
f-')t"-'v"'---_ _ _ __
