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STATE OF ILLINOIS
CONTRACT AMENDMENT
The lIndersluned Agency and Vendor, Securus Technologies Inc., (the Parties) agree that the following shall amend the
Conl,..cl referenced herein. All terms and conditions set forth In the original Contract, not amended herein, shall
remain in lull force and effect as written. In the event of conflict, the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the Agency and the Vendor cause this Amendment to be executed on the dates shown below by
represent,tlves authorized to bind the respective PARTIES.
VEND Oil
-
- .-
Address: 14651 N. Dallas Parkway, Suite 600 Dallas, TX
75254
Vendor Name : Securus Technologies, Inc.
------Signature:
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Printed Name : Robert E. Pickens
-
Phone: 972-277·0300
Fax: 977-277-0514
----
Title: Chief Op crating Officer
Email: bplckens@secllrllstech.net
-
--_ ..
Date:
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STA'fF. 01' ILLINOIS
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Agency: Department of Central
Street Address: 801 Stratton
CItYI State ZIP:
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Fax: Clld; hem to enter tC)(1.
IL62706 ~
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Official Signature:
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Phone: 217-557-2412
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Printed Name: I\undra Williams
Orrlcial's Title: Chief Operating Orricer, OOSS
Legal Signalure:
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Date:
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Date:
9/3'/1,,2
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I.egol Printed Name: Kevin Connor
legal's Title: General Counsel
riscal Signature;
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flsco l's Printed Name: Pall I Rondtl
fiscal's TIlle: Chief Financial Officer
SI.)lc oll1linoh Chief Proc.oremen\ OUice
Contract /lmrndmenl wHhout oIS(lO!Uf('S
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STATE OF ILLINOIS
CONTRACT AMENDMENT
The undersigned Agency and Vendor, Securus Technologies Inc., (the Parties) agree that the following shall amend the
Contract referenced herein. All terms and conditions set forth in the original Contract, not amended herein, shall
remain in full force and effect as written. In the event of conflict, the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the Agency and the Vendor cause this Amendment to be executed on the dates shown below by
representatives authorized to bind the respective PARTIES.
VENDOR
Vendor Name: Securus Technologies, Inc.
Signature:
/Zv•.A ;i',-"
Address: 14651 N. Dallas Parkway, Suite 600 Dallas, TX
75254
Phone: 972-277-0300
Printed Name: Robert E. Pickens
Fax: 977-277-0514
Title: Chief Operating Officer
Email: bpickens@securustech.net
Date:
STATE OF ILLINOIS
Procuring Agency: Department of Central Management
Services
Phone: 217-557-2412
Street Address: 801 Stratton Building
Fax: Click here to enter text.
City, State ZIP: Springfield, IL 62706
Official Signature:
Date:
Printed Nam e: Aundra Williams
Official's Titl e: Chief Operating Officer, BOSS
Legal Signature:
Date:
legal Printed Name: Kevin Connor
legal's Title: General Counsel
Fisca l Signature :
Fiscal's Printed Name: Paul Romiti
Fiscal's Title: Chief Financial Officer
State of IllinoisChi ef Procurement Office
Contrac.t Am endment without Disclosures
V.B.S
Date:
NOT PART OF CONTRACTUAL PROVISIONS
STATE USE ONLY
PBC#
Project Title
Contract #
Procurement Method (lFB, RFP, Small, etc):
IPB Ref. #
IPB Publication Date:
Subcontractor Utilization? rYes r No
Subcontractor Disclosure? rYes r No
Funding Source
Obligation #
Award Code:
CPO 33 - General Counsel Approval:
Signature
State of illinois Chief Procurement Office
Contract Amendment wIthout Disclosures
V.13.S
Printed Name
Date
2
1.
CONTRACT DESCRIPTION (including Original Purchase Order or Contract Number): Inmate Collect Calling
Contract No. CMC3670940.
2.
DESCRIPTION OF AMENDMENT (Check all that apply, complete blanks and explain as necessary):
0
0
I:8l remain the same.
2.1.
The completion date will be
2.2.
The method of determining compensation (e.g., hourly rate, fixed fee, etc.) will
extended,
shortened or
0
stay the same or
I:8l
change as follows: See Amendment No.1 to Contract #CMC3670940, attached as Exhibit 1, and incorporated herein.
2.3.
The cost will be
2.3.1.
0
increased,
I:8l decreased or 0
remain the same.
Original cost: Commission Rate 87.1%
Rate in $ set Charges per call - Domestic (c) $4.10 (Four Dollars and Ten Cents)
Rate in $ set Charges per call-International (c) $4.10 (Four Dollars and Ten Cents)
2.3.2.
Amount of change: Commission Rate decreased 11.1% .
Rate in $ set Charges per call- Domestic (c) decreased $.55
Rate in $ set Charges per call-International (c) } decreased $.55
2.3.3.
Revised cost: Commission Rate 76%.
Rate in $ set Charges per call- Domestic (c) $3.55 (Three Dollars and Fifty- Five Cents)
Rate in $ set Charges per call- International (c) $3.55 (Three Dollars and Fifty-Five Cents)
2.4.
3.
The supplies or services to be provided willl:8l stay the same or
0
be changed as follows.
EFFECTIVE DATE OF AMENDMENT: This amendment is effective as of the date of the last signature to this
contract amendment.
4.
WHY IS CHANGE NEEDED? (Check all that apply and explain.)
4.1.
I:8l The circumstances said to necessitate the change in performance were not reasonably foreseeable
at the time the contract was signed.
4.2.
lSI The change Is germane to the original contract as signed.
4.3.
0
The change order is in the best interest of the State and authorized by law.
State of Illinois Chief Procurement Office
Contract Amendment without Disclosures
V.13.S
3
Explanation of why change is needed: On or about April 9, 2013, the Illinois Commerce Commission
(ICC) entered its Order at Docket No. 12-0413 finding that inmate-only telephone service is now
subject to, among other things, the maximum rates and charges provided for in Section 770.40 of Part
770 of Title 83 of the Illinois Administrative Code. Further, on or about December 5, 2012, the ICC
entered its order at Docket No. 12-0661 establishing the current operator service provider maximum
rates and charges provided for in 83 III. Adm. Code 770-40(c) & (e). Finally, the parties hereto desire to
amend the Contract to modify the Pricing provision in consideration of the ICC's Orders cited herein.
5.
WHAT PROVISION OF THE CONTRACT, PROCUREMENT CODE OR OTHER LAW AUTHORIZED THIS
CHANGE? Compliance with the law, Section 4.12.
State of lIIino!s Chief Procurement Office
Contract Amendment without Disclosures
V.13.5
4
6.
STANDARD CERTIFICATIONS
Vendor acknowledges and agrees that compliance with this subsection in its entirety for the term of the contract
and any renewals is a material requirement and condition of this contract. By executing this contract Vendor
certifies compliance with this subsection in its entirety, and is under a continuing obligation to remain in
compliance and report any non-compliance_
This subsection, in its entirety, applies to subcontractors used on this contract. Vendor shall include these
Standard Certifications in any subcontract used in the performance of the contract.
If this contract extends over multiple fiscal years, including the initial term and all renewals, Vendor and its
subcontractors shall confirm compliance with this section in the manner and format determined by the State by
the date specified by the State and in no event later than July 1 of each year that this contract remains in effect.
If the Parties determine that any certification in this section is not applicable to this contract it may be stricken
without affecting the remaining subsections.
6.1.
As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors
provide false information, or fail to be or remain in compliance with the Standard Certification
reqUirements, one or more of the following sanctions will apply:
•
the contract may be void by operation of law,
•
the State may void the contract, and
•
the Vendor and it subcontractors may be subject to one or more of the following: suspension,
debarment, denial of payment, civil fine, or criminal penalty.
Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does
not waive imposition of other sanctions or preclude application of sanctions not speCifically identified.
6.2.
Vendor certifies it and its employees will comply with applicable provisions of the United States Civil
Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act, and
applicable rules in performance of this contract.
6.3.
Vendor, if an individual, sole proprietor, partner or an individual as member of a LLC, certifies he/she is
not in default on an educational loan. 5 ILCS 385/3.
6.4.
Vendor, if an individual, sole proprietor, partner or an individual as member of a LLC, certifies It he/she
has not received (i) an early retirement incentive prior to 1993 under Section 14-108.3 or 16-133.3 of
the Illinois Pension Code or (ii) an early retirement incentive on or after 2002 under Section 14-108.3 or
16-133.3 of the Illinois Pension Code. 30 ILCS 105/15a; 40 ILCS 5/14-108.3; 40 ILCS 5/16-133.
6.5.
Vendor certifies that it Is a legal entity authorized to do business in Illinois prior to submission of a bid,
offer, or proposal. 30 ILCS 500/1-15.80,20-43.
State of Illinois Chief Procurement Office
Contract Amendment without Disclosures
V.13.5
5
6.6.
To the extent there was a current Vendor providing the services covered by this contract and the
employees of that Vendor who provided those services are covered by a collective bargaining
agreement, Vendor certifies (i) that it will offer to assume the collective bargaining obligations of the
prior employer, including any existing collective bargaining agreement with the bargaining
representative of any existing collective bargaining unit or units performing substantially similar work to
the services covered by the contract subject to its bid or offer; and (ii) that it shall offer employment to
all employees currently employed in any existing bargaining unit who perform substantially similar work
to the work that will be performed pursuant to this contract. This does not apply to heating, air
conditioning, plumbing and electrical service contracts. 30 ILCS 500/25-80.
6.7.
Vendor certifies it has neither been convicted of bribing or attempting to bribe an officer or employee of
the State of illinois or any other State, nor made an admission of guilt of such conduct that is a matter of
record. 30 ILCS 500/50-5.
6.8.
If Vendor has been convicted of a felony, Vendor certifies at least five years have passed after the date
of completion of the sentence for such felony, unless no person held responsible by a prosecutor's office
for the facts upon which the conviction was based continues to have any involvement with the business.
30 ILCS 500/50-10.
6.9.
If Vendor or any officer, director, partner, or other managerial agent of Vendor has been convicted of a
felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities
Law of 1953, Vendor certifies at least five years have passed since the date of the conviction. Vendor
further certifies that it is not barred from being awarded a contract and acknowledges that the State
shall declare the contract void If this certification Is false. 30 ILCS 500/50-10.5.
6.lD.
Vendor certifies it is not barred from having a contract with the State based upon violating the
prohibitions related to either submitting/writing specifications or providing assistance to an employee of
the State of illinois by reviewing, drafting, directing, or preparing any invitation for bids, a request for
proposal, or request of information, or similar assistance (except as part of a public request for such
information). 30 ILCS 500/50-10.5(e), amended by Pub. Act No. 97-0895 (August 3,2012)
6.11.
Vendor certifies that It and Its affiliates are not delinquent In the payment of any debt to the State (or if
delinquent has entered Into a deferred payment plan to pay the debt), and Vendor and its affiliates
acknowledge the State may declare the contract void if this certification Is false or if Vendor or an
affiliate later becomes delinquent and has not entered into a deferred payment plan to payoff the debt.
30 ILCS 500/50-11, 50-60.
6.12.
Vendor certifies that it and all affiliates shall collect and remit illinois Use Tax on all sales of tangible
personal property into the State of Illinois in accordance with provisions of the Illinois Use Tax Act and
acknowledges that failure to comply may result in the contract being declared void. 30 ILCS 500/50-12.
6.13.
Vendor certifies that it has not been found by a court or the Pollution Control Board to have committed
a willful or knowing violation of the Environmental Protection Act within the last five years, and is
therefore not barred from being awarded a contract. 30 ILCS 500/50-14.
6.14.
Vendor certifies it has neither paid any money or valuable thing to induce any person to refrain from
bidding on a State contract, nor accepted any money or other valuable thing, or acted upon the promise
of same, for not bidding on a State contract. 30 ILCS 500/50-25.
6.15.
Vendor certifies it is not in violation of the "Revolving Door" provisions of the Illinois Procurement Code.
30 ILCS 500/50-30.
State of illinois Chief Procurement Office
Contract Amendment without Disclosures
V.13.S
6
6.16.
Vendor certifies that it has not retained a person or entity to attempt to influence the outcome of a
procurement decision for compensation contingent in whole or in part upon the decision or
procurement. 30 ILCS 500/50-38.
6.17.
Vendor certifies that if it has hired a person required to register under the Lobbyist Registration Act to
assist in obtaining any State contract, that none of the lobbyist's costs, fees, compensation,
reimbursements, or other remuneration were billed to the State. 30 ILCS 500\50-38.
6.18.
Vendor certifies it will report to the Illinois Attorney General and the Chief Procurement Officer any
suspected collusion or other anti-competitive practice among any bidders, offerors, contractors,
proposers, or employees of the State. 30 ILCS 500/50-40, 50-45, 50-50.
6.19.
Vendor certifies steel products used or supplied in the performance of a contract for public works shall
be manufactured or produced in the United States, unless the executive head of the procuring
Agency/University grants an exception. 30 ILCS 565.
6.20.
Drug Free Workplace
6.20.1. If Vendor employs 25 or more employees and this contract is worth more than $5,000, Vendor
certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act.
6.20.2. If Vendor is an indiVidual and this contract is worth more than $5000, Vendor certifies it shall
not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a
controlled substance during the performance of the contract. 30 ILCS 580.
6.21.
Vendor certifies that neither Vendor nor any substantially owned affiliate is participating or shall
participate In an International boycott in violation of the U.S. Export Administration Act of 1979 or the
applicable regUlations of the United States. Department of Commerce. 30 ILCS 582.
6.22.
Vendor certifies it has not been convicted of the offense of bid rigging or bid rotating or any similar
offense of any state or of the United States. 720 ILCS 5/33 E-3, E-4.
6.23.
Vendor certifies it complies with the Illinois Department of Human Rights Act and rules applicable to
public contracts; which include providing equal employment opportunity, refraining from unlawful
discrimination, and having written sexual harassment policies. 775 ILCS 5/2-105.
6.24.
Vendor certifies it does not pay dues to or reimburse or subsidize payments by its employees for any
dues or fees to any "discriminatory club." 775 ILCS 25/2.
6.25.
Vendor certifies that no foreign-made equipment, materials, or supplies furnished to the State under
the contract have been or will be produced in whole or In part by forced labor of indentured labor under
penal sanction. 30 ILCS 583.
6.26.
Vendor certifies that no foreign-made equipment, materials, or supplies furnished to the State under
the contract have been produced in whole or in part by the labor of any child under the age of 12. 30
ILCS 584.
6.27.
Vendor certifies that any violation of the Lead Poisoning Prevention Act, as it applies to owners of
residential buildings, has been mitigated. 410 ILCS 45.
State of illinois Chief Procurement Office
Contract Amendment without Disclosures
V.13.5
7
6.28.
Vendor warrants and certifies that it and, to the best of its knowledge, its subcontractors have and will
comply with Executive Order No.1 (2007). The Order generally prohibits Vendors and subcontractors
from hiring the then-serving Governor's family members to lobby procurement activities of the State, or
any other unit of government in Illinois induding local governments if that procurement may result in a
contract valued at over $25,000. This prohibition also applies to hiring for that same purpose any
former State employee who had procurement authority at any time during the one-year period
preceding the procurement lobbying activity.
6.29.
Vendor certifies that information technology, induding electronic information, software, systems and
equipment, developed or provided under this contract comply with the applicable requirements of the
Illinois Information Technology Accessibility Act Standards as published at (www.dhs.state.il.us/iltaa).
30 ILCS 587.
6.30.
Vendor certifies that it has read, understands, and is in compliance with the registration requirements of
the Elections Code (10 ILCS 5/9-35) and the restrictions on making political contributions and related
requirements of the Illinois Procurement Code. 30 ILCS 500/20-160 and 50-37. Vendor will not make a
political contribution that will violate these requirements.
In accordance with section 20-160 of the Illinois Procurement Code, Vendor certifies as applicable:
o
Vendor is not required to register as a business entity with the State Board of Elections.
or
o
Vendor has registered with the State Board of Elections. As a registered business entity, Vendor
acknowledges a continuing duty to update the registration as required by the Act.
6.31.
Vendor certifies that if it is awarded a contract through the use of the preference required by the
Procurement of Domestic Products Act, then it shall provide products pursuant to the contract or a
subcontract that are manufactured in the United States. 30 ILCS 517.
6.32.
A person (other than an individual acting as a sole proprietor) must be a duly constituted legal entity and
authorized to do business In Illinois prior to submitting a bid or offer. 30 ILCS 500/20-43. If you do not
meet these criteria, then your bid or offer will be disqualified.
Vendor must make one of the following four certifications by checking the appropriate box. If C or D is
checked, then Vendor must attach to this form the requested documentation.
A.
Vendor certifies it is an individual acting as a sole proprietor and is therefore not subject to the
requirements of section 20-43 of the Procurement Code.
o
B.
Vendor certifies that it is a legal entity, and was authorized to do business in Illinois as of the
date for submitting this bid or offer. The State may require Vendor to provide evidence of
compliance before award.
c.
Vendor certifies it is a legal entity, and is a foreign corporation performing activities that do not
constitute transacting business in Illinois as defined by Illinois Business Corporations Act (805
8
State of Illinois Chief Procurement Office
Contract Amendment Without Disclosures
V.13.S
IlCS 5/13.75}. A vendor claiming exemption under the Act must include a detailed explanation
of the legal basis for the claim with its bid or offer and must provide additional detail upon
request. If Vendor fails to provide the mandatory documentation with the bid or offer, or does
not provide additional detail upon request within the timeframe speCified in said request, then
the State may deem the Vendor as being non-responsive or not responsible and may disqualify
the Vendor.
o
D.
Vendor certifies it is a legal entity, and is an entity otherwise recognized under Illinois law as
eligible for a specific form of exemption similar to those found in the Illinois Business
Corporation Act (805 ILCS 5/13.75). A vendor claiming exemption under a specific law must
provide a detailed explanation of the legal basis for the claim with Its bid or offer and must
provide additional detail upon request. If Vendor fails to provide the mandatory documentation
with the bid or offer, or does not provide additional detail upon request within the timeframe
specified in said request, then the State may deem the Vendor as being non-responsive or not
responsible and may disqualify the Vendor.
o
State of illinois Chief Procurement Office
Contract Amendment without Disclosures
V.13.s
9
STATE OF ILLINOIS
TAXPAYER IDENTIFICATION NUMBER
I certify that:
The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued
to me), and
I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been
notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all
interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
I am a U.S. person (including a U.S. resident alien).
•
If you are an individual, enter your name and SSN as it appears on your Socia l Security Card.
•
If you are a sole proprietor, enter the owner's name on the name line followed by the name of the
business and the owner's SSN or EIN.
•
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the
owner's name on the name line and the D/B/A on the business name line and enter the owner's SSN or
EIN.
•
If the LLC is a corporation or partnership, enter the entity's business name and EIN and for corporations,
attach IRS acceptance letter (CP261 or CP277).
•
For all other entities, enter the name of the entity as used to apply for the entity's EIN and the EIN.
Name:
Business Name: Securus Technologies, Inc.
Taxpayer Identification Number:
Social Security Number:
or
Employer Identification Number: 75-2722144
Legal Status (check one):
o Individual
o
Sale Proprietor
o Partnership
o
o
Tax-exempt
o Corporation providing or billing
medical and/o r health care services
IZI Corporation NOT providing or billing
medical and/or health care services
Date: Tuesday, August 13, 2013
State of illinoIs ChIef Procurement Office
Ta)(payer Identification Number
v.n.s
Nonresident alien
o
Pharmacy (Non-Corp.)
Governmental
o Estate or trust
Legal Services Corporation
Signature of Authorized Representative:
o
o
o
o
Pharmacy/Funeral Home/Cemetery (Corp.)
Limited Liability Company
(select applicable tax classification)
o
o
o
D = disregarded entity
C = corporation
P = partnership
--'~=:""::'-'-L;C."':·~=-===-__________
AMENDMENT NO.1
TO
CONTRACT #CMC3670940
This Amendment No.1 ("Amendment") is effective as of the last date signed by either party ("Amendment Effective
Date") and amends and supplements that certain Contract dated October 19, 2012 (the "Contract") by and between
the State of Illinois acting through the undersigned Agency (collectively the "State") and Securus Technologies, Inc.
("Vendor") for inmate calling services.
WHEREAS, on or about April 9, 2013, the Illinois Commerce Commission ("ICC") entered its Order at Docket No. 120413 finding that inmate·only telephone service is now subject to, among other things, the maximum rates and
charges provided for in Section 770.40 of Part 770 of Title 83 of the Illinois Administrative Code; and
WHEREAS, on or about December 5,2012, the ICC entered its Order at Docket No. 12·0661 establishing the current
operator service provider maximum rates and charges provided for in 83 III. Adm. Code 770.40(c) & (e);
WHEREAS, the parties hereto desire to amend the Contract to modify the Pricing provision in consideration of the
ICC's Orders cited herein;
NOW, THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration,
the State and Vendor hereby agree as follows:
1.
The Pricing table set forth in Section 3 PRICING, Subsection 3.1, is hereby deleted in its entirety and replaced
with the following:
Rate in $ per minute - domestic (collect and pre· paid) (c)
Rate in
$ per minute - international (pre·paid only) (c)
Commission Rate
$0.00 (No Charge)
$0.00 (No Charge)
76% (Seventy Six Percent)
(Vendor will compensate the State - in % of gross revenue)
$0.00 (No Charge)
Rate in $ per pre·paid account set up fee
Rate in
$ per fund transfer into pre-paid account
$0.00 (No Charge)
Rate in
$ set Charges per call- Domestic (c)
$3.55 (Three Dollars and Fifty-Five Cents)
Rate in $set up charges per call- International (c)
$3.55 (Three Dollars and Fifty-Five Cents)
(c) Indicates that item is commissionable.
2. If the maximum rates and charges andlor applicability of laws to the inmate calling services are changed by the
ICC or by court order, the parties agree to renegotiate in good faith the Pricing hereunder.
3. Except as expressly modified by this Amendment, the terms and conditions of the Contract are unchanged, and
remain in full force and effect. The Contract as expressly modified by this Amendment is the complete agreement of
the parties and supersedes all prior or contemporaneous agreements and representations, whether written or oral.
The Contract as expressly modified by this Amendment may not be further modified or amended except by written
amendment in accordance with the Contract.
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