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NV Contract with Embarq 2008-2011 Amendment 3 Extending to 2014

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CONTRACT SUMMARY

Jcr LI /f~orm must accompany all contracts submitted to the Board of Examiners (BOE) for review and approval)
I. DESCRIPTION OF CONTRACT
1. Contract Number:

CONV5465

Agency Name:
DEPARTMENT OF CORRECTIONS
Agency Code:
440
Appropriation Unit: 3708-00
Is budget authority
Yes
available?:
If "No" please explain : Not Applicable

Amendment
3
Number:
Embarq
Legal Entity
Name:
Contractor Name: Embarq
Address:
1401 Curry Pike
City/State/Zip

Harrodsburg, KY 40330

Contact/Phone:
Vendor No.:
NV Business 10:
2008-2014

Victoria L. Johnson 888.375.7318
T27013909
NV20051287760

To what State Fiscal Year(s) will the contract be charged?
What is the source of funds that will be used to pay the contractor? Indicate the percentage of each funding source if
the contractor will be paid by multiple funding sources.
General Funds
0.00 %
Fees
0.00 %
Bonds
0.00 %
0.00%
Federal Funds
100.00 % Revenue Contract
0.00 %
X
Other funding
Highway Funds
Agency Reference # :
7110
2. Contract start date:
a. Effective upon Board of
No
Examiner's approval?
Anticipated BOE meeting date
Retroactive?

or b. other effective date

02112/2008

01/2011

No

RECEI'v'ED

If "Yes":lease explain
licable

INot Ap

3. Previously Approved
Termination Date:
Contract term :

02/28/2011

4. Type of contract:
Contract description:

Revenue Contract
Professional Services

DEC 09 2010

6 years and 18 days

DEPARTMENT OF ACMINIITRAll0N
OFFice OF THE Dlrt§CTOR
BUDGET AND PLANNINCJ DIVI8IOM

5. Purpose of contract:
This is an amendment to the original contract, which provides telephone services for incarcerated inmates. This
amendment extends the termination date from February 28, 2011 to February 28, 2014 and increases the estimated
revenue amount from $7,200 OOOJ)8"to $14 400 000...,Q6:
6. CONTRACT AMENDMENT
The maximum amount of the original contract:
1.
Total amount of any previous contract amendments:
2.
3.
Amount of current contract amendment:
4.
New maximum contract amount:
and/or the termination date of the original contract has changed to:

$7,200,000.00
$0.00
$7,200,000.00
$14,400,000.00
02/28/2014

II. JUSTIFICATION
uire that this work be done?
The De artment of Corrections must rovide inmates within the Nevada correctional s stem access to tele hones.
The Department of Corrections does not have the capability to perform this type of service. There are no agencies within the
State of Nevada that erform this t e of function .
9. Were quotes or proposals solicited?
Contract #: CONV5465

Yes
Page 1 of 2

Was the solicitation (RFP) done by the Purchasing
Division?
a. If yes list the names of vendors that submitted proposals:
Embarq
Global Tel
Securus Technoloqies
b. Soliciation Waiver: Not Applicable

Yes

Embar was chosen b the evaluation team as havin the best tech nolo as well as uaranteed revenue Ian for the State.
09/07/2007
Anticipated re-bid date: 09/07/2013
d. Last bid date:
10. Does the contract contain any IT components?

No

III. OTHER INFORMATION
11 . a. Is the contractor a consultant that is providing an opinion or advice as defined in SAM . Chapter 300? (SAM . states "a
consultant is a person that provides information , an opinion, or advice for a fee")
No
b. Is the contractor a current employee of the State of Nevada?
No

compensatory time, sick leave, or on

c. Was the contractor formerly employed by the State of Nevada within the past one (1) year?
No
If "Yes", please provide employment termination date.
d. Is the contractor employed by any of Nevada's political subdivisions or by any other government?
No
If "Yes", please explain
Not Applicable

I

,

12. Has the contractor ever been engaged under contract by any State agency?
Yes
If "Yes", specify when and for which agency and indicate if the quality of service provided to the identified
a enc has been verified as satisfacto :
FY08 - current· NDOC. Service has been verified as satisfacto .
13. Is the contractor currently involved in litigation with the State of Nevada?
No
If "Yes"

roval of the contract:

14. The contractor is registered with the Nevada Secretary of State's Office as a:
Foreign Corporation
15. a. Is the Contractor Name the same as the legal Entity Name?
Yes
16. a. Does the contractor have a current Nevada State Business License (SBL)?
Yes
17. a. Is the legal entity active and in good standing with the Nevada Seeretary of State's Office?
Yes
18. Agency Field Contract Monitor:
19. Contract Status:
Contract Approvals:
Approval Level
Budget Account Approval
Division Approval
Department Approval
Contract Manager Approval

Contract #: CONV5465

User
dmartine
dreed
dreed
cphenix

Signature Date
10/27/2010 14:23:04
10/28/2010 16:59:26
10/28/2010 16:59:32
12/02/2010 11 :08:58

Page 2 of 2

PM
PM
PM
AM

AMENDMENT 3 TO CONTRACT
Between the State of Nevada
Acting By and Through Its
Nevada Department of Corrections (NDOC)
Agency Contact: Dawn Rosenberg
5500 Snyder Avenue, Bldg 89
Carson City, NY 89701
Phone: (775) 887-3219/ Fax: (775) 887-3225

And
Embarq
Contact: Victoria L. Johnson
1401 Curry Pike
Harrodsburg, KY 40330
Phone: (888) 375-7318/ Fax (859) 734-9425

AMENDMENTS. For and in consideration of mutual promises and/or their valuable consideration,
all provisions of the original contract, resulting from Request for Proposal #1628, dated February 12, 2008,
Amendment 1 dated June 25,2009 and Amendment 2 dated July 29, 2010, attached hereto as Exhibit A,
remain in full force and effect with the exception of the following:

1.

A. Extend the contract for an additional three (3) years; change termination date from February
28, 2011 to February 28, 2014.
B. Increase anticipated revenue amount by $7,200,000.00 for a new estimated revenue of

$14,400,000.00.

2. INCORPORATED DOCUMENTS. Exhibit A (Original Contract and Amendments) is attached hereto,
incorporated by reference herein and made a part of this amended contract.
3. REQUIRED APPRQVAL. This amendment to the original contract shall not become effective until and
unless approved by the Nevada State Board of Examiners.

Page 1 of 2

IN WITNESS WHEREOF, the parties hereto have caused this amendment to the original contract to
be signed and intend to be legally bound thereby.

EMBARQ

,

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Independent Contractor's Signature

(Date)

PAUL COOPER
Independent Contractor (print)
GENERAL MANAGER

APPROVED AS TO FORM BY:

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(Date)

Deputy Attorney General for Attorney General

NEVADA DEPARTMENT OF CORRECTIONS

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(Date)

APPROVEDB~;Z

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Signature - Board of Examiners

(Date)

Page 2 of 2

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