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CONTRACT BETWEEN
LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS,
CORRECTIONS SERVICES (DEPARTMENT)
AND
MCI WorldCom Communications, Inc.
CONTRACT # 579851
1) MAILING ADDRESS: Government
Markets, 100 S 4th Street, Suite 400
2) CITY, STATE, ZIP CODE:
St. Louis, MO 63012
3) FEDERAL TAX I.D. # OR SOCIAL
SECURITY #:
47-075-1768
4) LICENSE OR CERTIFICATE
NUMBER:
5) DESCRIPTION OF SERVICES TO BE PROVIDED: Include description of work to be
performed, objectives and measures of performance which should be time bound,
description of reports or other deliverables with dates for submission (if applicable). For
consulting services, a resume' of key contract personnel and amount of effort each will
provide under the terms of the contract should be attached.
Purpose of Contract:
To provide inmate telephone service for the Louisiana Department of Public Safety and
Corrections, Corrections Services as required by the Request for Proposal for Prison Pay
Telephone Service #H-91 876-YT Solicitation #2149487, Addendum 01, 02, 03, 04, and the
Contractor's Proposal dated May 14, 2001. In case of conflict, the Contract shall be
adhered to first, then the Request for Proposal and its addenda, and lastly, the Contractor's
Proposal.
Contract Objectives:
Provide the State with a prison inmate pay telephone service and prison inmate call control
system that offers inmates (including the hearing impaired) reasonable access to
telephone communication without overtaxing the institution's ability to properly maintain
security and to avoid abuse of this privilege on the part of any inmate. Provide the State
with a single statewide system, compatible across all adult and juvenile institutions, for
prison pay telephone and call control services. Provide the State with a reliable and easyto-use inmate call control system that shall aid in the security and orderly management of
the institution and protect trye public safety. Provide the State with a long-term, costeffective, and state-of-the art system and services that shall meet the Department's
changing needs and future changes in this technology.
Measures of Performance:
Performance will be measured by the Contractor's compliance with the requirements of the
Request for Proposal for Prison Pay Telephone Service #H-91876-YT Solicitation
#2149487, and Addendum 01, 02, 03, 04.
Monitoring Plan:
The monitoring of the Contractor's compliance will be done by Deputy Undersecretary and
Information Technology Director. Additionally, the Department's Office of Information
Services will validate monthly the call detail data provided by the Contractor as required in
the Request for Proposal for Prison Pay Telephone Servic€l #H-91876-YT So/;citation
#2149487, Section 6.2.7.2.2 (Call Detail Data). Validation will insure that the gross billed
revenue calculated from the call detail qata is equal to the gross billed revenue amount
used by the Contractor to determine the amount of the monthly commission check.
Louisiana Department of Public Safety and Corrections, Corrections Services
Contract Number: 579851
6) BEGINNING DATE: February 1, 2002
7) ENDING DATE: January 31, 2007
The Department has the option of renewing for two (2) additional twenty-four (24) month
periods. The total contract period shall not exceed one hundred eight (108) months with
the concurrence of the Contractor.
This contract is not effective until approved by the Director of the Office of State
Purchasing. It is the responsibility of the Contractor to advise the Department in advance
if contract funds or contract terms may be insufficient to complete contract objectives.
8) MAXIMUM CONTRACT AMOUNT:
Per Section 4.0 (Pricing
Specifications) of the Request for
Proposal for Prison Pay Telephone
Service #H-91876-YT Solicitation
#2149487
9) PAYMENT MADE ONLY UPON
APPROVAL OF:
Per Section 6.2.6 (Compensation and
Payment) of the Request for Proposal
for Prison Pay Telephone Service #H91876-YT Solicitation #2149487
10) TERMS OF PAYMENT:
All payments to the Department in accordance with Sections 8 and 9 above shall be mailed
to:
CHIEF FISCAL OFFICER
Louisiana Department of Public Safety & Corrections
Corrections Services
P. O. Box 94304
Baton Rouge, LA 70804-9304
or such other place as shall be designated by written notice from the Department.
11) SPECIAL PROVISIONS:
The Contractor understands and agrees that the following special conditions of the contract
exist for the benefit of the institution, the employees and the inmates and agrees to abide
by said special conditions contained herein and in Section 2 "Employee Rules" of the
Corrections Services Employee Manual which is attached. "Contractor" shall be
substituted for "Employee" throughout. Should the manual be modified or amended,
Contractor will be notified and shall comply with the rules as modified or amended.
Contractor understands and agrees that violation of any of the following special conditions
shall be cause for immediate cancellation of this contract without prior notice:
Warden's Policy
1.
While on the institutional grounds, the Contractor will strictly adhere to all federal,
state and local laws and institutional directives.
2.
Any person may be barred from the institution or removed from the institution if it is
in the best interest of the Department.
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Louisiana Department of Public Safety and Corrections, Corrections Services
Contract Number: 579851
.
3.
If requested to do so by the Warden, the Contractor must leave the institution
grounds immediately.
12) STANDARD PROVISIONS:
Any alterations, variations, modifications, waivers of provisions or amendments to this
contract shall be valid only when they have been reduced to writing, dUly signed by both
parties and when required, approved by the Division of Administration and attached to the
original of this contract.
No contract or written order or proceeds thereof may be assigned, sublet or transferred
without prior written consent of the Commissioner of Administration for the State of
Louisiana.
The Contractor agrees to abide by the requirements of the following as applicable:
Americans with Disabil,ities Act of 1990, Title VI and VII of the Civil Rights Act of 1964 as
amended by Equal Opportunity Act of 1972, La. R.S. 15:574.12, Confidentiality, Vietnam
Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments
of 1972, the Age Act of 1972, Federal Executive Order 11246 and the Federal
Rehabilitation Act of 1973, as amended. Contractor agrees not to discriminate in its
employment practices, and will render services under this contract without regard to race,
color, religion, sex, national origin, veteran status, political affiliation, or disabilities. Any
act of discrimination committed by Contractor, or failure to comply with these statutory
obligations when applicable shall be grounds for termination of this contract.
Should Contractor or any of its employees become an employee of the classified or
unclassified service of the State of Louisiana during the effective period of the contract,
Contractor or its employees must notify the appointing authority of the State agency for
which he has become employed of any existing contract with the State of Louisiana. The
Department reserves the right to cancel the contract should a conflict of interest or a
violation of state law occur as a result of employment with the State.
The State Legislative auditor, federal auditors and internal auditors of the Division of
Administration, or others so designated by the DOA, shall have the option to audit all
accounts directly pertaining to the contract for a period of five (5} years from the date of the
last payment made under this contract. Records shall be made available during normal
working hours for this purpose.
Contractor shall not enter into any subcontract for work or services contemplated under this
agreement without obtaining prior written approval of the Department. Any subcontracts
approved by the Department shall be subject to the conditions and provisions that the
Department may deem necessary. Such prior written approval, unless otherwise provided
in this agreement, shall not be required for the purchase by Contractor of supplies and
services which are incidental but necessary for the performance of the work required under
this agreement. No provisions of this clause and no such approval by the Department of
any subcontract shall be deemed in any event or manner to provide for the incidence of
any obligation of the Department beyond those specifically set forth herein. No
subcontract shall relieve the Contractor of responsibility for the performance under this
contract.
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Louisiana Department of Public Safety and Corrections. Corrections Services
Contract Number: 579851
Contract modifications may result from technological enhancements, manufacturer
discontinuance. or obsolescence. If an item meets or exceeds original specifications and
the price is equal to or lower than the original bid price, a contract modification may be
requested in writing by the Contractor to the OTM Contracts Administrator. The Office of
Telecommunications Management and Corrections Services shall review the request and
make a written recommendation to the Ottice of State Purchasing.
Contractor shall have no liability for delays. failure in performance, Joss or damage due to
earthquake. volcanic action, flood, lightning, the elements of war, civil or military
disturbances, acts of God, or other causes beyond Contractor's control.
Contractor will not be liable for any special, incidental, indirect, punitive or consequential
damages or for any loss of profit, revenue, software or data. or computer viruses
regardless of the form of action, whether in contract. tort, strict liability or otherwise, even
if Contractor shall have been notified of the possibility of such potential loss or damage.
In the event of any claim under Section 6.3.1 (Indemnity and Liability Limitations/Exclusive
Remedies) of the ReqlJest for Proposal for Prison Pay Telephone Service H-91876-YT
Solicitation #2149487. Contractor agrees that it shall indemnify and hold harmless the
Department against any claim, damages, judgments, or expenses resulting from a claim
that any service, eqUipment, or other material provided by Contractor under its proposal
and the contract documents infringes a U.S. copyright, U.S. patent, U.S. trademark. or
other proprietary right recognized under U.S. law, or constitutes misuse of a trade secret
or confidential information belonging to a third party and shall defend at its own expense
any suit or proceeding brought against the Department alleging such infringement or
misuse, provided that the Department shall promptly notify Contractor of any claims and
shall cooperate with Contractor in the defense of any such claim. Contractor shall have
the exclusive right to defend or settle any such claim. suit or proceeding and to collect all
such damages, costs, fees, and other charges awarded from any such claim, suit or
proceeding.
The State reserves the right to cancel with cause any contract entered into as a result of
this bid document with thirty (30) days written notice.
Upon completion or termination of this contract all records, reports, worksheets or any
other materials related to this contract shall become the property of the Department and
shall, upon request, be returned at Contractor's expense to the Department. The
Department shall retain ownership of all work product and documentation in whatever form.
This agreement contains or has attached hereto all the terms and conditions agreed upon
by the contracting parties. In witness Whereof, this agreement is signed and entered into
on the date indicated below.
~6~
J"J:UdlEl( L. Stalder, Secretary
..H·t.
Date
V'La. Department of Public Safety
and Corrections, Corrections Services
Jerry Ed erton
Senior Vi e President
Government Markets Division
MCI WorldCom Communications, lnc.
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