Prison Phone Justice

CHANGE # 3
AMENDMENT
It is agreed by and between the State of Vermont, Department of Corrections (hereafter called “State”) and Public Communication
Services (PCS) of Los Angeles, CA (hereafter called “Contractor”) that contract #10314 dated October 1, 2006 between said State
and Contractor is hereby amended as follows:
To change Page 1, 4. Contract Term, from end on 9/30/09 to end on 9/30/10.
To include in Attachment A, #2. Inmate Commissary Services, 2.7.1: Weekly commissary spending limit, for general population
inmates, of $85.00 not to include telephone debit time. Individual spending limits and/or purchase restrictions may be implemented
based on housing unit and/or inmate status.
To replace Attachment B, 3. 1st sentence to read, “The Contractor agrees to pay the State 26% commission on commissary sales net of
sales tax, excluding postage stamps and debit telephone purchases made through commissary.” Additionally, for net commissionable
sales that exceed $1,000,000.00 in the 12 month contract period beginning October 1, 2009, PCS will pay an increased commission
rate of 30%. (ie. if net sales are $1,200,000.00 for the year, the $200,000.00 will be subject to the 30% commission rate). These
commissionable sales does not include postage sales, web debit sales, web service fees, deposits, or any sales generated from the
anticipated clothing/apparel catalog.
To replace 1st sentence of Attachment B, 4.sentence #1 to read, “Contractor agrees to pay the State 37% commission on all debit,
collect and pre-paid collect inmate telephone calls.”
To replace Attachment B, 6. to read, Contractor shall submit all commissions via wire transfer. All back up documentation will be
sent via E-mail to Penny Carpenter at penny.carpenter@ahs.state.vt.us or designee. All invoices and back-up to Agent listed below or
designee:
Penny Carpenter
AHS/Department of Corrections
103 South Main Street
Waterbury, VT 05671
INMATE TELEPHONE SERVICES – ADDITIONAL ITEMS included in Attachment B
PCS will implement telephone deposit capability at no cost to the State of Vermont.
To replace existing Attachment F with new Attachment F, revised April 6, 2009.
Except as modified by this above amendment, and any and all previous amendments to this contract, all provisions of this contract
#10314 dated 10/1/2006 shall remain unchanged and in full force and effect.
The effective date of this amendment is September 30, 2009.
APPROVED AS TO FORM

STATE OF VERMONT
AGENCY OF HUMAN SERVICES
DEPARTMENT OF CORRECTIONS

_______________________________
Andrew Pallito, Commissioner
Date:___________________________
CONTRACTOR: Public Communication Services
Signed:_________________________
_______________________________
(Please PRINT Signature)
Address: 11859 Wilshire Boulevard, Suite 600
Los Angeles, CA 90025
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Date:___________________________
ATTACHMENT F
AGENCY OF HUMAN SERVICES CUSTOMARY CONTRACT PROVISIONS

1.

Agency of Human Services – Field Services Directors will share oversight with the department (or field office) that is a
party to the contract for provider performance using outcomes, processes, terms and conditions agreed to under this contract.

2.

2-1-1 Data Base: The Contractor providing a health or human services within Vermont, or near the border that is readily
accessible to residents of Vermont, will provide relevant descriptive information regarding its agency, programs and/or
contact and will adhere to the "Inclusion/Exclusion" policy of Vermont's 2-1-1. If included, the Contractor will provide
accurate and up to date information to their data base as needed. The “Inclusion/Exclusion” policy can be found at
www.vermont211.org

3.

Medicaid Program Contractors:
Inspection of Records: Any contracts accessing payments for services through the Global Commitment to Health Waiver and
Vermont Medicaid program must fulfill state and federal legal requirements to enable the Agency of Human Services (AHS),
the United States Department of Health and Human Services (DHHS) and the Government Accounting Office (GAO) to:
Evaluate through inspection or other means the quality, appropriateness, and timeliness of services performed; and
Inspect and audit any financial records of such contractor or subcontractor.
Subcontracting for Medicaid Services: Having a subcontract does not terminate the contractor, receiving funds under
Vermont’s Medicaid program, from its responsibility to ensure that all activities under this agreement are carried out.
Subcontracts must specify the activities and reporting responsibilities of the contractor or subcontractor and provide for
revoking delegation or imposing other sanctions if the contractor or subcontractor’s performance is inadequate. The
contractor agrees to make available upon request to the Agency of Human Services; the Office of Vermont Health Access;
the Department of Disabilities, Aging and Independent Living; and the Center for Medicare and Medicaid Services (CMS) all
contracts and subcontracts between the contractor and service providers.
Medicaid Notification of Termination Requirements: Any contractor accessing payments for services under the Global
Commitment to Health Waiver and Medicaid programs who terminates their practice will follow the Office of Vermont
Health Access, Managed Care Organization enrollee notification requirements.
Encounter Data: Any contractor accessing payments for services through the Global Commitment to Health Waiver and
Vermont Medicaid programs must provide encounter data to the Agency of Human Services and/or its departments and
ensure that it can be linked to enrollee eligibility files maintained by the State.
4.

Non-discrimination Based on National Origin as evidenced by Limited English Proficiency. The contractor agrees to
comply with the non-discrimination requirements of Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d, et seq.,
and with the federal guidelines promulgated pursuant to Executive Order 13166 of 2000, which require that contractors and
subcontractors receiving federal funds must assure that persons with limited English proficiency can meaningfully access
services. To the extent the contractor provides assistance to individuals with limited English proficiency through the use of
oral or written translation or interpretive services in compliance with this requirement, such individuals cannot be required to
pay for such services.

5.

Voter Registration. When designated by the Secretary of State, the contractor agrees to become a voter registration agency
as defined by 17 V.S.A. §2103 (41), and to comply with the requirements of state and federal law pertaining to such agencies.

6.

Drug Free Workplace Act. The contractor will assure a drug-free workplace in accordance with 45 CFR Part 76.

7.

Privacy and Security Standards.
Protected Health Information: The contractor shall maintain the privacy and security of all individually identifiable health
information acquired by or provided to it as a part of the performance of this contract. The contractor shall follow federal and
state law relating to privacy and security of individually identifiable health information as applicable, including the Health
Insurance Portability and Accountability Act (HIPAA) and its federal regulations.
Substance Abuse Treatment Information: The confidentiality of any alcohol and drug abuse treatment information acquired
by or provided to the contractor or subcontractor shall be maintained in compliance with any applicable state or federal laws
or regulations and specifically set out in 42 CFR Part 2.
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Other Confidential Consumer Information: The contractor agrees to comply with the requirements of AHS Rule No. 08-048
concerning access to information. The contractor agrees to comply with any applicable Vermont State Statute, including but
not limited to 12 VSA §1612 and any applicable Board of Health confidentiality regulations. The contractor shall ensure that
all of its employees and subcontractors performing services under this agreement understand the sensitive nature of the
information that they may have access to and sign an affirmation of understanding regarding the information’s confidential
and non-public nature.
Social Security numbers: The contractor agrees to comply with all applicable Vermont State Statutes to assure protection and
security of personal information, including protection from identity theft as outlined in Title 9, Vermont Statutes Annotated,
Ch. 62.
8.

Abuse Registry. The contractor agrees not to employ any individual, use any volunteer, or otherwise provide reimbursement to
any individual in the performance of services connected with this agreement, who provides care, custody, treatment,
transportation, or supervision to children or vulnerable adults if there is a substantiation of abuse or neglect or exploitation
against that individual. The contractor will check the Adult Abuse Registry in the Department of Disabilities, Aging and
Independent Living. Unless the contractor holds a valid child care license or registration from the Division of Child
Development, Department for Children and Families, the contractor shall also check the Central Child Abuse Registry. (See 33
V.S.A. §4919(a)(3) & 33 V.S.A. §6911 (c)(3)).

9.

Child Abuse Reporting. Consistent with provisions of 33 V.S.A. §4913(a), any agent or employee of a contractor who, in
the performance of services connected with this agreement, has contact with clients and who has reasonable cause to believe
that a child has been abused or neglected as defined in Chapter 49 of Title 33 V.S.A. shall report the suspected abuse or
neglect to the Commissioner for the Department for Children and Families within 24 hours. The report shall contain the
information required by 33 V.S.A. §4914.

10.

Work Product Ownership. All data, technical information, materials gathered, originated, developed, prepared, or obtained
as a condition of this agreement and used in the performance of this agreement - including, but not limited to all reports,
surveys, plans, charts, literature, brochures, mailings, recordings (video or audio), pictures, drawings, analyses, graphic
representations, software computer programs and accompanying documentation and printouts, notes and memoranda, written
procedures and documents, which are prepared for or obtained specifically for this agreement - or are a result of the services
required under this contract - shall be considered "work for hire", and remain the property of the State of Vermont, regardless
of the state of completion - unless otherwise specified in this agreement. Such items shall be delivered to the State of
Vermont upon 30 days notice by the State. With respect to software computer programs and / or source codes developed for
the State, all the work shall be considered "work for hire,” i.e., the State, not the contractor or subcontractor, shall have full
and complete ownership of all software computer programs and/or source codes developed.

11.

Security and Data Transfers. The State shall work with the Contractor to ensure compliance with all applicable State and
Agency of Human Services' policies and standards, especially those related to privacy and security. The State will advise the
Contractor of any new policies, procedures, or protocols developed during the term of this agreement as they are issued and
will work with the Contractor to implement any required.
The Contractor will ensure the physical and data security associated with computer equipment - including desktops,
notebooks, and other portable devices - used in connection with this agreement. The Contractor will also assure that any
media or mechanism used to store or transfer data to or from the State includes industry standard security mechanisms such
as continually up-to-date malware protection and encryption. The Contractor will make every reasonable effort to ensure
media or data files transferred to the State are virus and spyware free. At the conclusion of this agreement and after
successful delivery of the data to the State, the Contractor shall securely delete data (including archival backups) from the
Contractor's equipment that contains individually identifiable records, in accordance with standards adopted by the Agency of
Human Services.

12.

Intellectual Property Ownership. All work products and items delivered or produced under this agreement will be the
exclusive property of the State of Vermont unless otherwise specified in this agreement. This includes, but is not limited to,
software, documentation, and development materials. The contractor shall not sell or copyright a work product or item
produced under this contract without explicit permission from the State. If the Contractor is operating a system or application
on behalf of the State of Vermont then the contractor shall not make information entered into the system or application
available for uses by any other party than the State of Vermont, without prior authorization by the State.

13.

Lobbying. No federal funds under this agreement may be used to influence or attempt to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, continuation, renewal, amendments other than federal appropriated
funds.

14.

Non–discrimination. The contractor will prohibit discrimination on the basis of age under the Age Discrimination Act of
1975, on the basis of handicap under section 504 of the Rehabilitation Act of 1973, on the basis of sex under Title IX of the
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Education Amendments of 1972, or on the basis of race, color or national origin under Title VI of the Civil Rights Act of
1964. No person shall on the grounds of sex (including, in the case of a woman, on the grounds that the woman is pregnant)
or on the grounds of religion, be excluded from participation in, be denied the benefits of, or be subjected to discrimination,
to include sexual harassment, under any program or activity supported by state and/or federal funds.
15.

Environmental Tobacco Smoke. Public Law 103-227, also known as the Pro-children Act of 1994 (Act), requires that
smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used
routinely or regularly for the provision of health, child care, early childhood development services, education or library
services to children under the age of 18, if the services are funded by federal programs either directly or through state or local
governments, by federal grant, contract, loan or loan guarantee. The law also applies to children's services that are provided
in indoor facilities that are constructed, operated, or maintained with such Federal funds.
The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or
alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities
where Women, Infants, & Children (WIC) coupons are redeemed.
Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for
each violation and/or the imposition of an administrative compliance order on the responsible entity.
Contractors are prohibited from promoting the use of tobacco products for all clients. Facilities supported by state and
federal funds are prohibited from making tobacco products available to minors.
Revised AHS -4-06-09

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CHANGE # 2

AMENDMENT
It is agreed by and between the State of Vermont, Department of Corrections (hereafter called “State”) and Public
Communication Services (PCS) of Los Angeles, CA (hereafter called “Contractor”) that contract #10314 dated October
1, 2006 between said State and Contractor is hereby amended as follows:
To change Page 1, 4. Contract Term, from end on 09/30/2008 to end on 09/30/2009.
Additionally, it is hereby agreed and understood that this contract has no minimum amount. The Contractors’ services
will be required on an “as needed” basis.
To replace existing Attachment C with new Attachment C, revised May 23, 2008.
To replace existing Attachment F with new Attachment F, revised April 11, 2008.

To replace page 1, number 7 to read, “This contract may be cancelled by either party by giving written notice at
least 180 days in advance.”
To replace 1st sentence of 1.7.2.3.6 to read, “Match Inmate ID’s and last name from import file to Inmate ID’s

available in the system.”
To replace 1.7.2.3.10 to read, Batch Verification Reports – the system will generate a Batch Report listing each
transaction posted, providing the inmate first and last names; inmate location, inmate account number; amount
of each corresponding transaction; transaction date; Batch number; total transaction amount and transaction
count.
To replace 2.12 Apparel and Clothing Catalogue Program to read, “It is the desire of the State to explore the
inclusion of such a service within the duration of this contract period.”
To replace 2.14 to read, Commissary orders will be placed using order forms supplied by the Contractor, until
March 31, 2009. On April 1, 2009, inmates will place commissary orders by inmate telephone. Contractor and
State will conduct monthly meetings to assess progress and should a mutual decision to postpone be made the
effective date may change, otherwise a penalty of $500.00 per day will be imposed and remitted to the Inmate
Recreation Fund, for every day order-by-phone is not operable.
To replace the 3rd sentence of 3.14 to read, “Archived recording data is kept for a minimum of three years.”
To replace Attachment A, 3.19.B last sentence to read, “If the parties fail to renegotiate the Contract and
successfully agree upon provisions reasonably acceptable to Contractor within sixty days from the date that
State first received Contractor's renegotiation notice, Contractor may at any time thereafter terminate the
Contract upon one hundred eighty (180) days notice to State.”
To replace Attachment B, 3. 1st sentence to read, “The Contractor agrees to pay the State 25% commission on
commissary sales net of sales tax, excluding postage stamps and debit telephone purchases made through
commissary.”
To replace 1st sentence of Attachment B, 4.sentance #1 to read, “Contractor agrees to pay the State 35%
commission on all debit, collect and pre-paid collect inmate telephone calls.”
To replace Attachment B, 6. to read, Contractor shall submit all commissions via wire transfer. All back up
documentation will be sent via E-mail to Sheila Ward at sheila.ward@ahs.state.vt.us or designee. All invoices
and back-up to Agent listed below or designee:
Sheila Ward, Inmate Accounts/Commissary System Administrator
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AHS/Department of Corrections
103 South Main Street
Waterbury, VT 05671
P 802.241.2382
F 802.241.2377
INMATE ACCOUNTING/COMMISSARY SERVICES – ADDITIONAL ITEMS
The accounting software provider will run all Vermont DOC inmate accounting/commissary services on an
SQL platform. The list will be developed into a scope of work that will be mutually created and agreed upon by
all parties to move forward to include the following:
1.
2.
3.
4.
5.
6.
7.

SQL server back-end will accommodate an unlimited number of users.
VT DOC will have ability to end existing session for all users concurrently
Connectivity will be accomplished through a standard VPN or VPN tunnel.
Printers will use standard SQL printing paths.
All processing will be handled through the server.
VT DOC will configure user access to individual menu items and fields.
Web Deposits will post to the inmate account within 24hours of purchase.

INMATE TELEPHONE SERVICES – ADDITIONAL ITEMS
Phone ordering will provide inmates with the following information:
1. Inmate account balance
2. Inmate debit calling account balance
PCS will implement quarterly business reviews with any sub contractors and the Vermont Department of
Corrections to review operations and functionalities.
Except as modified by this above amendment, and any and all previous amendments to this contract, all provisions of this
contract #10314 dated 10/01/2006 shall remain unchanged and in full force and effect.
The effective date of this amendment is September 30, 2008.

APPROVED AS TO FORM

STATE OF VERMONT
AGENCY OF HUMAN SERVICES
DEPARTMENT OF CORRECTIONS
_______________________________
Robert D. Hofmann, Commissioner
Date:___________________________
CONTRACTOR: Public Communication Services
Signed:_________________________
_______________________________
(Please PRINT Signature)
Address: 11859 Wilshire Boulevard, Suite 600
Los Angeles, CA 90025
Date:_________________________
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STATE OF VERMONT
ATTACHMENT C
CUSTOMARY STATE CONTRACT PROVISIONS
l.

Entire Agreement. This contract represents the entire agreement between the parties on the subject matter. All
prior agreements, representations, statements, negotiations, and understandings shall have no effect.

2.

Applicable Law. This contract will be governed by the laws of the State of Vermont.

3.

Appropriations.

4.

No Employee Benefits for Contractors.

5.

Independence, Liability. The contractor will act in an independent capacity and not as officers or employees of the
State. The contractor shall defend the State and its officers and employees against all claims or suits arising in
whole or in part from any act or omission of the contractor or of any agent of the contractor. The State shall notify
the contractor in the event of any such claim or suit, and the contractor shall immediately retain counsel and
otherwise provide a complete defense against the entire claim or suit. The contractor shall notify its insurance
company and the State within 10 days of receiving any claim for damages, notice of claims, pre-claims, or service
of judgments or claims, for any act or omissions in the performance of this contract.

If this contract extends into more than one fiscal year of the State (July l to June 30), and if
appropriations are insufficient to support this contract, the State may cancel at the end of the fiscal year, or
otherwise upon the expiration of existing appropriations authority.

The contractor understands that the State will not provide any individual
retirement benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers'
compensation or other benefits or services available to State employees, nor will the State withhold any state or
federal taxes except as required under applicable tax laws, which shall be determined in advance of execution of the
contract. The contractor understands that all tax returns required by the Internal Revenue Code and the State of
Vermont, including but not limited to income, withholding, sales and use, and rooms and meals, must be filed by
the contractor, and information as to contract income will be provided by the State of Vermont to the Internal
Revenue Service and the Vermont Department of Taxes.

After a final judgment or settlement the contractor may request recoupment of specific defense costs and may file
suit in Washington Superior Court requesting recoupment. The contractor shall be entitled to recoup costs only
upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission
of the contractor.
The contractor shall indemnify the State and its officers and employees in the event that the State, its officers or
employees become legally obligated to pay any damages or losses arising from any act or omission of the
contractor.
6.

Insurance. Before commencing work on this contract the contractor must provide certificates of insurance to show

that the following minimum coverage is in effect. The contractor must notify the State no more than 10 days after
receiving cancellation notice of any required insurance policy. It is the responsibility of the contractor to maintain
current certificates of insurance on file with the State through the term of the contract. Failure to maintain the
required insurance shall constitute a material breach of this contract.
With respect to all operations performed, the contractor shall carry workers'
compensation insurance in accordance with the laws of the State of Vermont.

Workers' Compensation:

With respect to all operations performed under the contract, the
contractor shall carry general liability insurance having all major divisions of coverage including, but not limited
to:

General Liability and Property Damage:

Premises - Operations
Products and Completed Operations
Personal Injury Liability
Contractual Liability

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The policy shall be on an occurrence form and limits shall not be less than:
$l,000,000 Per Occurrence
$l,000,000 General Aggregate
$l,000,000 Products/Completed Operations Aggregate
$ 50,000 Fire/Legal Liability
Automotive Liability: The contractor shall carry automotive liability insurance covering all motor vehicles,
including hired and non-owned coverage, used in connection with the contract. Limits of coverage shall not be
less than: $l,000,000 combined single limit.
Professional Liability: Before commencing work on this contract and throughout the term of this contract, the

contractor shall procure and maintain professional liability insurance for any and all services performed under this
contract, with minimum coverage of $ N/A per occurrence, and $ N/A aggregate.
No warranty is made that the coverage and limits listed herein are adequate to cover and protect the interests of the
contractor for the contractor's operations. These are solely minimums that have been established to protect the
interests of the State.
Contractor shall name the State of Vermont and its officers and employees as additional insured for liability arising
out of this contract.
All payments by the State under this contract will be made in reliance
upon the accuracy of all prior representations by the contractor, including but not limited to bills, invoices, progress
reports and other proofs of work.

7.

Reliance by the State on Representations:

8.

Records Available for Audit. The contractor will maintain all books, documents, payroll, papers, accounting records
and other evidence pertaining to costs incurred under this agreement and make them available at reasonable times
during the period of the contract and for three years thereafter for inspection by any authorized representatives of
the State or Federal Government. If any litigation, claim, or audit is started before the expiration of the three year
period, the records shall be retained until all litigation, claims or audit findings involving the records have been
resolved. The State, by any authorized representative, shall have the right at all reasonable times to inspect or
otherwise evaluate the work performed or being performed under this contract.

9.

Fair Employment Practices and Americans with Disabilities Act: Contractor agrees to comply with the requirement of
Title 2l V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable.
Contractor shall also ensure, to the full extent required by the Americans with Disabilities Act of l990, that qualified
individuals with disabilities receive equitable access to the services, programs, and activities provided by the
contractor under this contract. Contractor further agrees to include this provision in all subcontracts.

l0.

Set Off: The State may set off any sums which the contractor owes the State against any sums due the contractor
under this contract; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in
accordance with the procedures more specifically provided hereinafter.

ll.

Taxes Due to the State:

a. Contractor understands and acknowledges responsibility, if applicable, for compliance with State tax laws,
including income tax withholding for employees performing services within the State, payment of use tax on
property used within the State, corporate and/or personal income tax on income earned within the State.

b. Contractor certifies under the pains and penalties of perjury that, as of the date the contract is signed, the
contractor is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the
State of Vermont.

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c. Contractor understands that final payment under this contract may be withheld if the Commissioner of Taxes
determines that the contractor is not in good standing with respect to or in full compliance with a plan to pay any
and all taxes due to the State of Vermont.
d. Contractor also understands the State may set off taxes (and related penalties, interest and fees) due to the State of
Vermont, but only if the contractor has failed to make an appeal within the time allowed by law, or an appeal has
been taken and finally determined and the contractor has no further legal recourse to contest the amounts due.
l2.

Child Support. (Applicable if the contractor is a natural person, not a corporation or partnership.) Contractor states
that, as of the date the contract is signed, he/she:
a. is not under any obligation to pay child support; or
b. is under such an obligation and is in good standing with respect to that obligation; or
c. has agreed to a payment plan with the Vermont Office of Child Support and is in full compliance with that plan.

Contractor makes this statement with regard to support owed to any and all children residing in Vermont. In
addition, if the contractor is a resident of Vermont, contractor makes this statement with regard to support owed to
any and all children residing in any other state or territory of the United States.
l3.

Subcontractors. Contractor shall not assign or subcontract the performance of this agreement or any portion thereof

to any other contractor without the prior written approval of the State. Contractor also agrees to include in all
subcontract agreements a tax certification in accordance with paragraph l1 above.
Notwithstanding the foregoing, the State agrees that the contractor may assign this contract, including all of the
contractor's rights and obligations hereunder, to any successor in interest to the contractor arising out of the sale of
or reorganization of the contractor.
l4.

Contractor shall not give title or possession of any thing of substantial value (including
property, currency, travel and/or education programs) to any officer or employee of the State during the term of this
contract.

l5.

Copies. All written reports prepared under this contract will be printed using both sides of the paper.

16.

Certification Regarding Debarment. Contractor certifies under pains and penalties of perjury that, as of the date that
this contract is signed, neither contractor nor contractor's principals (officers, directors, owners, or partners) are
presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in federal
programs or programs supported in whole or in part by federal funds.

No Gifts or Gratuities.

Revised AHS -5/23/08

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ATTACHMENT F
Agency of Human Services
Customary Contract Provisions

1.

Agency of Human Services – Field Services Directors will share oversight with the department (or field office)
that is a party to the contract for provider performance using outcomes, processes, terms and conditions agreed to
under this contract.

2.

2-1-1 Data Base: The Contractor providing a health or human services within Vermont, or near the border that is
readily accessible to residents of Vermont, will provide relevant descriptive information regarding its agency,
programs and/or contact and will adhere to the "Inclusion/Exclusion" policy of Vermont's 2-1-1. If included, the
Contractor will provide accurate and up to date information to their data base as needed. The
“Inclusion/Exclusion” policy can be found at www.vermont211.org

3.

Medicaid Program Contractors:
Inspection of Records: Any contracts accessing payments for services through the Global Commitment to Health
Waiver and Vermont Medicaid program must fulfill state and federal legal requirements to enable the Agency of
Human Services (AHS), the United States Department of Health and Human Services (DHHS) and the
Government Accounting Office (GAO) to:
Evaluate through inspection or other means the quality, appropriateness, and timeliness of services
performed; and
Inspect and audit any financial records of such contractor or subcontractor.
Subcontracting for Medicaid Services: Having a subcontract does not terminate the contractor, receiving funds
under Vermont’s Medicaid program, from its responsibility to ensure that all activities under this agreement are
carried out. Subcontracts must specify the activities and reporting responsibilities of the contractor or
subcontractor and provide for revoking delegation or imposing other sanctions if the contractor or subcontractor’s
performance is inadequate. The contractor agrees to make available upon request to the Agency of Human
Services; the Office of Vermont Health Access; the Department of Disabilities, Aging and Independent Living;
and the Center for Medicare and Medicaid Services (CMS) all contracts and subcontracts between the contractor
and service providers.
Medicaid Notification of Termination Requirements: Any contractor accessing payments for services under the
Global Commitment to Health Waiver and Medicaid programs who terminates their practice will follow the
Office of Vermont Health Access, Managed Care Organization enrollee notification requirements.
Encounter Data: Any contractor accessing payments for services through the Global Commitment to Health
Waiver and Vermont Medicaid programs must provide encounter data to the Agency of Human Services and/or
its departments and ensure that it can be linked to enrollee eligibility files maintained by the State.
4.

Non-discrimination Based on National Origin as evidenced by Limited English Proficiency. The contractor
agrees to comply with the non-discrimination requirements of Title VI of the Civil Rights Act of 1964, 42 USC
Section 2000d, et seq., and with the federal guidelines promulgated pursuant to Executive Order 13166 of 2000,
which require that contractors and subcontractors receiving federal funds must assure that persons with limited
English proficiency can meaningfully access services. To the extent the contractor provides assistance to
individuals with limited English proficiency through the use of oral or written translation or interpretive services
in compliance with this requirement, such individuals cannot be required to pay for such services.

5.

Voter Registration. When designated by the Secretary of State, the contractor agrees to become a voter
registration agency as defined by 17 V.S.A. §2103 (41), and to comply with the requirements of state and federal
law pertaining to such agencies.

6.

Drug Free Workplace Act. The contractor will assure a drug-free workplace in accordance with 45 CFR Part 76.

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7.

Privacy and Security Standards.
Protected Health Information: The contractor shall maintain the privacy and security of all individually
identifiable health information acquired by or provided to it as a part of the performance of this contract. The
contractor shall follow federal and state law relating to privacy and security of individually identifiable health
information as applicable, including the Health Insurance Portability and Accountability Act (HIPAA) and its
federal regulations.
Substance Abuse Treatment Information: The confidentiality of any alcohol and drug abuse treatment information
acquired by or provided to the contractor or subcontractor shall be maintained in compliance with any applicable
state or federal laws or regulations and specifically set out in 42 CFR Part 2.
Other Confidential Consumer Information: The contractor agrees to comply with the requirements of AHS Rule
No. 96-23 concerning access to information. The contractor agrees to comply with any applicable Vermont State
Statute, including but not limited to 12 VSA §1612 and any applicable Board of Health confidentiality
regulations. The contractor shall ensure that all of its employees and subcontractors performing services under
this agreement understand the sensitive nature of the information that they may have access to and sign an
affirmation of understanding regarding the information’s confidential and non-public nature.
Social Security numbers: The contractor agrees to comply with all applicable Vermont State Statutes to assure
protection and security of personal information, including protection from identity theft as outlined in Title 9,
Vermont Statutes Annotated, Ch. 62.

8.

Abuse Registry. The contractor agrees not to employ any individual, use any volunteer, or otherwise provide
reimbursement to any individual who provides care, custody, treatment, services, or supervision to children or
vulnerable adults if there is a substantiation of abuse or neglect or exploitation against that individual. The contractor
will check the Adult Abuse Registry in the Department of Disabilities, Aging and Independent Living. Unless the
contractor holds a valid child care license or registration from the Division of Child Development, Department for
Children and Families, the contractor shall also check the Central Child Abuse Registry. (See 33 V.S.A. §4919 & 33
V.S.A. §6911).

9.

Child Abuse Reporting. Notwithstanding the provision of 33 V.S.A. §4913(a) any agent or employee of the
contractor who has reasonable cause to believe that a child has been abused or neglected as defined in Chapter 49
of Title 33 V.S.A. shall report the suspected abuse or neglect to the Commissioner of the Department for Children
and Families within 24 hours. The report shall contain the information required by 33 V.S.A. §4914.

10.

Work Product Ownership. All data, technical information, materials gathered, originated, developed, prepared,
or obtained as a condition of this agreement and used in the performance of this agreement - including, but not
limited to all reports, surveys, plans, charts, literature, brochures, mailings, recordings (video or audio), pictures,
drawings, analyses, graphic representations, software computer programs and accompanying documentation and
printouts, notes and memoranda, written procedures and documents, which are prepared for or obtained
specifically for this agreement - or are a result of the services required under this contract - shall be, and remain,
the property of the State of Vermont, regardless of the state of completion. Such items shall be delivered to the
State of Vermont upon 30 days notice by the State. With respect to software computer programs and / or source
codes developed for the State, the work shall be considered "work for hire,” i.e., the State, not the contractor or
subcontractor, shall have full and complete ownership of all software computer programs and/or source codes
developed.

-7-

11.

Security and Data Transfers. The State shall work with the Contractor to ensure compliance with all applicable
State and Agency of Human Services' policies and standards, especially those related to privacy and security. The
State will advise the Contractor of any new policies, procedures, or protocols developed during the term of this
agreement as they are issued and will work with the Contractor to implement any required.
The Contractor will ensure the physical and data security associated with computer equipment - including
desktops, notebooks, and other portable devices - used in connection with this agreement. The Contractor will
also assure that any media or mechanism used to store or transfer data to or from the State includes industry
standard security mechanisms such as continually up-to-date malware protection and encryption. The Contractor
will make every reasonable effort to ensure media or data files transferred to the State are virus and spyware free.
At the conclusion of this agreement and after successful delivery of the data to the State, the Contractor shall
securely delete data (including archival backups) from the Contractor's equipment that contains individually
identifiable records, in accordance with standards adopted by the Agency of Human Services.

12.

Intellectual Property Ownership. All work products and items delivered or produced under this agreement will
be the exclusive property of the State of Vermont. This includes, but is not limited to, software, documentation,
and development materials. The contractor shall not sell or copyright a work product or item produced under this
contract without explicit permission from the State. If the Contractor is operating a system or application on
behalf of the State of Vermont then the contractor shall not make information entered into the system or
application available for uses by any other party than the State of Vermont, without prior authorization by the
State.

13.

Lobbying. No federal funds under this agreement may be used to influence or attempt to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any federal contract, continuation, renewal, amendments
other than federal appropriated funds.

14.

Non–discrimination. The contractor will prohibit discrimination on the basis of age under the Age
Discrimination Act of 1975, on the basis of handicap under section 504 of the Rehabilitation Act of 1973, on the
basis of sex under Title IX of the Education Amendments of 1972, or on the basis of race, color or national origin
under Title VI of the Civil Rights Act of 1964. No person shall on the grounds of sex (including, in the case of a
woman, on the grounds that the woman is pregnant) or on the grounds of religion, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination, to include sexual harassment, under any program
or activity supported by state and/or federal funds.

15.

Environmental Tobacco Smoke. Public Law 103-227, also known as the Pro-children Act of 1994 (Act),
requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by
an entity and used routinely or regularly for the provision of health, child care, early childhood development
services, education or library services to children under the age of 18, if the services are funded by federal
programs either directly or through state or local governments, by federal grant, contract, loan or loan guarantee.
The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or
maintained with such Federal funds.
The law does not apply to children's services provided in private residences; portions of facilities used for
inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or
Medicaid; or facilities where Women, Infants, & Children (WIC) coupons are redeemed.
Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to
$1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity.
Contractors are prohibited from promoting the use of tobacco products for all clients. Facilities supported by state
and federal funds are prohibited from making tobacco products available to minors.
- Revised AHS -4/11/08-

-8-

AGENCY OF HUMAN SERVICES
103 South Main Street
Waterbury, Vermont 05676

AFFIRMATION OF UNDERSTANDING STATEMENT

As a Contractor for the State of Vermont, I affirm that I have read the Agency of Human Services (AHS) Rule No.
96-23 concerning Access to Information, and that I agree to comply with the requirements of AHS Rule No. 96-23.

I shall require all of my employees performing services under this contract, to sign an affirmation of
understanding statement. Employee statements need not be sent to the State. However, they shall remain in
Contractor’s personnel records. The State can request copies of such documents if necessary.

Public Communication Services
_________________________________

__________________

Name of Company (Print or type)

Date

_________________________________
Authorized Signature
_________________________________
Title

-9-

CHANGE # 2

AMENDMENT
It is agreed by and between the State of Vermont, Department of Corrections (hereafter called “State”) and Public
Communication Services (PCS) of Los Angeles, CA (hereafter called “Contractor”) that contract #10314 dated October 1,
2006 between said State and Contractor is hereby amended as follows:
To change Page 1, 4. Contract Term, from end on 09/30/2008 to end on 09/30/2009.
Additionally, it is hereby agreed and understood that this contract has no minimum amount. The Contractors’ services will
be required on an “as needed” basis.
To replace existing Attachment C with new Attachment C, revised May 23, 2008.
To replace existing Attachment F with new Attachment F, revised April 11, 2008.

To replace page 1, number 7 to read, “This contract may be cancelled by either party by giving written notice at
least 180 days in advance.”
To replace 1st sentence of 1.7.2.3.6 to read, “Match Inmate ID’s and last name from import file to Inmate ID’s available in

the system.”
To replace 1.7.2.3.10 to read, Batch Verification Reports – the system will generate a Batch Report listing each
transaction posted, providing the inmate first and last names; inmate location, inmate account number; amount of
each corresponding transaction; transaction date; Batch number; total transaction amount and transaction count.
To replace 2.12 Apparel and Clothing Catalogue Program to read, “It is the desire of the State to explore the
inclusion of such a service within the duration of this contract period.”
To replace 2.14 to read, Commissary orders will be placed using order forms supplied by the Contractor, until
March 31, 2009. On April 1, 2009, inmates will place commissary orders by inmate telephone. Contractor and
State will conduct monthly meetings to assess progress and should a mutual decision to postpone be made the
effective date may change, otherwise a penalty of $500.00 per day will be imposed and remitted to the Inmate
Recreation Fund, for every day order-by-phone is not operable.
To replace the 3rd sentence of 3.14 to read, “Archived recording data is kept for a minimum of three years.”
To replace Attachment A, 3.19.B last sentence to read, “If the parties fail to renegotiate the Contract and
successfully agree upon provisions reasonably acceptable to Contractor within sixty days from the date that State
first received Contractor's renegotiation notice, Contractor may at any time thereafter terminate the Contract upon
one hundred eighty (180) days notice to State.”
To replace Attachment B, 3. 1st sentence to read, “The Contractor agrees to pay the State 25% commission on
commissary sales net of sales tax, excluding postage stamps and debit telephone purchases made through
commissary.”
To replace 1st sentence of Attachment B, 4.sentance #1 to read, “Contractor agrees to pay the State 35%
commission on all debit, collect and pre-paid collect inmate telephone calls.
To replace Attachment B, 6. to read, Contractor shall submit all commissions via wire transfer. All back up
documentation will be sent via E-mail to Sheila Ward at sheila.ward@ahs.state.vt.us or designee. All invoices and
back-up to Agent listed below or designee:
Sheila Ward, Inmate Accounts/Commissary System Administrator
-1-

AHS/Department of Corrections
103 South Main Street
Waterbury, VT 05671
P 802.241.2382
F 802.241.2377
INMATE ACCOUNTING/COMMISSARY SERVICES – ADDITIONAL ITEMS
The accounting software provider will run all Vermont DOC inmate accounting/commissary services on an SQL
platform. The list will be developed into a scope of work that will be mutually created and agreed upon by all
parties to move forward to include the following:
1.
2.
3.
4.
5.
6.
7.

SQL server back-end will accommodate an unlimited number of users.
VT DOC will have ability to end existing session for all users concurrently
Connectivity will be accomplished through a standard VPN or VPN tunnel.
Printers will use standard SQL printing paths.
All processing will be handled through the server.
VT DOC will configure user access to individual menu items and fields.
Web Deposits will post to the inmate account within 24hours of purchase.

INMATE TELEPHONE SERVICES – ADDITIONAL ITEMS
Phone ordering will provide inmates with the following information:
1. Inmate account balance
2. Inmate debit calling account balance
PCS will implement quarterly business reviews with any sub contractors and the Vermont Department of
Corrections to review operations and functionalities.
Except as modified by this above amendment, and any and all previous amendments to this contract, all provisions of this
contract #10314 dated 10/01/2006 shall remain unchanged and in full force and effect.
The effective date of this amendment is September 30, 2008.

APPROVED AS TO FORM

STATE OF VERMONT
AGENCY OF HUMAN SERVICES
DEPARTMENT OF CORRECTIONS
_______________________________
Robert D. Hofmann, Commissioner
Date:___________________________
CONTRACTOR: Public Communication Services
Signed:_________________________
_______________________________
(Please PRINT Signature)
Address: 11859 Wilshire Boulevard, Suite 600
Los Angeles, CA 90025
Date:_________________________
-2-

STATE OF VERMONT
ATTACHMENT C
CUSTOMARY STATE CONTRACT PROVISIONS
l.

Entire Agreement. This contract represents the entire agreement between the parties on the subject matter. All
prior agreements, representations, statements, negotiations, and understandings shall have no effect.

2.

Applicable Law. This contract will be governed by the laws of the State of Vermont.

3.

Appropriations.

4.

The contractor understands that the State will not provide any individual
retirement benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers'
compensation or other benefits or services available to State employees, nor will the State withhold any state or federal
taxes except as required under applicable tax laws, which shall be determined in advance of execution of the contract.
The contractor understands that all tax returns required by the Internal Revenue Code and the State of Vermont,
including but not limited to income, withholding, sales and use, and rooms and meals, must be filed by the contractor,
and information as to contract income will be provided by the State of Vermont to the Internal Revenue Service and the
Vermont Department of Taxes.

5.

Independence, Liability. The contractor will act in an independent capacity and not as officers or employees of the
State. The contractor shall defend the State and its officers and employees against all claims or suits arising in whole
or in part from any act or omission of the contractor or of any agent of the contractor. The State shall notify the
contractor in the event of any such claim or suit, and the contractor shall immediately retain counsel and otherwise
provide a complete defense against the entire claim or suit. The contractor shall notify its insurance company and the
State within 10 days of receiving any claim for damages, notice of claims, pre-claims, or service of judgments or
claims, for any act or omissions in the performance of this contract.

If this contract extends into more than one fiscal year of the State (July l to June 30), and if
appropriations are insufficient to support this contract, the State may cancel at the end of the fiscal year, or
otherwise upon the expiration of existing appropriations authority.

No Employee Benefits for Contractors.

After a final judgment or settlement the contractor may request recoupment of specific defense costs and may file suit
in Washington Superior Court requesting recoupment. The contractor shall be entitled to recoup costs only upon a
showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the
contractor.
The contractor shall indemnify the State and its officers and employees in the event that the State, its officers or
employees become legally obligated to pay any damages or losses arising from any act or omission of the contractor.
6.

Insurance. Before commencing work on this contract the contractor must provide certificates of insurance to show that
the following minimum coverage is in effect. The contractor must notify the State no more than 10 days after receiving
cancellation notice of any required insurance policy. It is the responsibility of the contractor to maintain current
certificates of insurance on file with the State through the term of the contract. Failure to maintain the required
insurance shall constitute a material breach of this contract.
Workers' Compensation: With respect to all operations performed, the contractor shall carry workers' compensation
insurance in accordance with the laws of the State of Vermont.
General Liability and Property Damage: With respect to all operations performed under the contract, the contractor

shall carry general liability insurance having all major divisions of coverage including, but not limited to:
Premises - Operations
Products and Completed Operations
Personal Injury Liability
Contractual Liability

-3-

The policy shall be on an occurrence form and limits shall not be less than:
$l,000,000 Per Occurrence
$l,000,000 General Aggregate
$l,000,000 Products/Completed Operations Aggregate
$ 50,000 Fire/Legal Liability
Automotive Liability: The contractor shall carry automotive liability insurance covering all motor vehicles, including
hired and non-owned coverage, used in connection with the contract. Limits of coverage shall not be less than:
$l,000,000 combined single limit.
Professional Liability: Before commencing work on this contract and throughout the term of this contract, the
contractor shall procure and maintain professional liability insurance for any and all services performed under this
contract, with minimum coverage of $ N/A per occurrence, and $ N/A aggregate.

No warranty is made that the coverage and limits listed herein are adequate to cover and protect the interests of the
contractor for the contractor's operations. These are solely minimums that have been established to protect the interests
of the State.
Contractor shall name the State of Vermont and its officers and employees as additional insured for liability arising out
of this contract.

7.

Reliance by the State on Representations: All payments by the State under this contract will be made in reliance upon

the accuracy of all prior representations by the contractor, including but not limited to bills, invoices, progress reports
and other proofs of work.
The contractor will maintain all books, documents, payroll, papers, accounting records
and other evidence pertaining to costs incurred under this agreement and make them available at reasonable times
during the period of the contract and for three years thereafter for inspection by any authorized representatives of the
State or Federal Government. If any litigation, claim, or audit is started before the expiration of the three year period,
the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The
State, by any authorized representative, shall have the right at all reasonable times to inspect or otherwise evaluate the
work performed or being performed under this contract.

8.

Records Available for Audit.

9.

Fair Employment Practices and Americans with Disabilities Act: Contractor agrees to comply with the requirement of

Title 2l V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. Contractor
shall also ensure, to the full extent required by the Americans with Disabilities Act of l990, that qualified individuals
with disabilities receive equitable access to the services, programs, and activities provided by the contractor under this
contract. Contractor further agrees to include this provision in all subcontracts.
l0.

ll.

Set Off: The State may set off any sums which the contractor owes the State against any sums due the contractor under
this contract; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance
with the procedures more specifically provided hereinafter.
Taxes Due to the State:

a. Contractor understands and acknowledges responsibility, if applicable, for compliance with State tax laws, including
income tax withholding for employees performing services within the State, payment of use tax on property used
within the State, corporate and/or personal income tax on income earned within the State.

b. Contractor certifies under the pains and penalties of perjury that, as of the date the contract is signed, the contractor
is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont.

-4-

c. Contractor understands that final payment under this contract may be withheld if the Commissioner of Taxes
determines that the contractor is not in good standing with respect to or in full compliance with a plan to pay any and
all taxes due to the State of Vermont.
d. Contractor also understands the State may set off taxes (and related penalties, interest and fees) due to the State of
Vermont, but only if the contractor has failed to make an appeal within the time allowed by law, or an appeal has been
taken and finally determined and the contractor has no further legal recourse to contest the amounts due.
l2.

Child Support. (Applicable if the contractor is a natural person, not a corporation or partnership.) Contractor states
that, as of the date the contract is signed, he/she:
a. is not under any obligation to pay child support; or
b. is under such an obligation and is in good standing with respect to that obligation; or
c. has agreed to a payment plan with the Vermont Office of Child Support and is in full compliance with that plan.

Contractor makes this statement with regard to support owed to any and all children residing in Vermont. In addition,
if the contractor is a resident of Vermont, contractor makes this statement with regard to support owed to any and all
children residing in any other state or territory of the United States.
l3.

Subcontractors. Contractor shall not assign or subcontract the performance of this agreement or any portion thereof to
any other contractor without the prior written approval of the State. Contractor also agrees to include in all subcontract
agreements a tax certification in accordance with paragraph l1 above.

Notwithstanding the foregoing, the State agrees that the contractor may assign this contract, including all of the
contractor's rights and obligations hereunder, to any successor in interest to the contractor arising out of the sale of or
reorganization of the contractor.
Contractor shall not give title or possession of any thing of substantial value (including
property, currency, travel and/or education programs) to any officer or employee of the State during the term of this
contract.

l4.

No Gifts or Gratuities.

l5.

Copies. All written reports prepared under this contract will be printed using both sides of the paper.

16.

Certification Regarding Debarment. Contractor certifies under pains and penalties of perjury that, as of the date that this
contract is signed, neither contractor nor contractor's principals (officers, directors, owners, or partners) are presently
debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in federal programs or
programs supported in whole or in part by federal funds.

Revised AHS -5/23/08

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ATTACHMENT F
Agency of Human Services
Customary Contract Provisions

1.

Agency of Human Services – Field Services Directors will share oversight with the department (or field office)
that is a party to the contract for provider performance using outcomes, processes, terms and conditions agreed to
under this contract.

2.

2-1-1 Data Base: The Contractor providing a health or human services within Vermont, or near the border that is
readily accessible to residents of Vermont, will provide relevant descriptive information regarding its agency,
programs and/or contact and will adhere to the "Inclusion/Exclusion" policy of Vermont's 2-1-1. If included, the
Contractor will provide accurate and up to date information to their data base as needed. The “Inclusion/Exclusion”
policy can be found at www.vermont211.org

3.

Medicaid Program Contractors:
Inspection of Records: Any contracts accessing payments for services through the Global Commitment to Health
Waiver and Vermont Medicaid program must fulfill state and federal legal requirements to enable the Agency of
Human Services (AHS), the United States Department of Health and Human Services (DHHS) and the Government
Accounting Office (GAO) to:
Evaluate through inspection or other means the quality, appropriateness, and timeliness of services
performed; and
Inspect and audit any financial records of such contractor or subcontractor.
Subcontracting for Medicaid Services: Having a subcontract does not terminate the contractor, receiving funds under
Vermont’s Medicaid program, from its responsibility to ensure that all activities under this agreement are carried out.
Subcontracts must specify the activities and reporting responsibilities of the contractor or subcontractor and provide
for revoking delegation or imposing other sanctions if the contractor or subcontractor’s performance is inadequate.
The contractor agrees to make available upon request to the Agency of Human Services; the Office of Vermont
Health Access; the Department of Disabilities, Aging and Independent Living; and the Center for Medicare and
Medicaid Services (CMS) all contracts and subcontracts between the contractor and service providers.
Medicaid Notification of Termination Requirements: Any contractor accessing payments for services under the
Global Commitment to Health Waiver and Medicaid programs who terminates their practice will follow the Office of
Vermont Health Access, Managed Care Organization enrollee notification requirements.
Encounter Data: Any contractor accessing payments for services through the Global Commitment to Health Waiver
and Vermont Medicaid programs must provide encounter data to the Agency of Human Services and/or its
departments and ensure that it can be linked to enrollee eligibility files maintained by the State.
4.

Non-discrimination Based on National Origin as evidenced by Limited English Proficiency. The contractor
agrees to comply with the non-discrimination requirements of Title VI of the Civil Rights Act of 1964, 42 USC
Section 2000d, et seq., and with the federal guidelines promulgated pursuant to Executive Order 13166 of 2000,
which require that contractors and subcontractors receiving federal funds must assure that persons with limited
English proficiency can meaningfully access services. To the extent the contractor provides assistance to individuals
with limited English proficiency through the use of oral or written translation or interpretive services in compliance
with this requirement, such individuals cannot be required to pay for such services.

5.

Voter Registration. When designated by the Secretary of State, the contractor agrees to become a voter registration
agency as defined by 17 V.S.A. §2103 (41), and to comply with the requirements of state and federal law pertaining
to such agencies.

6.

Drug Free Workplace Act. The contractor will assure a drug-free workplace in accordance with 45 CFR Part 76.

-6-

7.

Privacy and Security Standards.
Protected Health Information: The contractor shall maintain the privacy and security of all individually identifiable
health information acquired by or provided to it as a part of the performance of this contract. The contractor shall
follow federal and state law relating to privacy and security of individually identifiable health information as
applicable, including the Health Insurance Portability and Accountability Act (HIPAA) and its federal regulations.
Substance Abuse Treatment Information: The confidentiality of any alcohol and drug abuse treatment information
acquired by or provided to the contractor or subcontractor shall be maintained in compliance with any applicable
state or federal laws or regulations and specifically set out in 42 CFR Part 2.
Other Confidential Consumer Information: The contractor agrees to comply with the requirements of AHS Rule No.
96-23 concerning access to information. The contractor agrees to comply with any applicable Vermont State Statute,
including but not limited to 12 VSA §1612 and any applicable Board of Health confidentiality regulations. The
contractor shall ensure that all of its employees and subcontractors performing services under this agreement
understand the sensitive nature of the information that they may have access to and sign an affirmation of
understanding regarding the information’s confidential and non-public nature.
Social Security numbers: The contractor agrees to comply with all applicable Vermont State Statutes to assure
protection and security of personal information, including protection from identity theft as outlined in Title 9,
Vermont Statutes Annotated, Ch. 62.

8.

Abuse Registry. The contractor agrees not to employ any individual, use any volunteer, or otherwise provide
reimbursement to any individual who provides care, custody, treatment, services, or supervision to children or
vulnerable adults if there is a substantiation of abuse or neglect or exploitation against that individual. The contractor
will check the Adult Abuse Registry in the Department of Disabilities, Aging and Independent Living. Unless the
contractor holds a valid child care license or registration from the Division of Child Development, Department for
Children and Families, the contractor shall also check the Central Child Abuse Registry. (See 33 V.S.A. §4919 & 33
V.S.A. §6911).

9.

Child Abuse Reporting. Notwithstanding the provision of 33 V.S.A. §4913(a) any agent or employee of the
contractor who has reasonable cause to believe that a child has been abused or neglected as defined in Chapter 49 of
Title 33 V.S.A. shall report the suspected abuse or neglect to the Commissioner of the Department for Children and
Families within 24 hours. The report shall contain the information required by 33 V.S.A. §4914.

10.

Work Product Ownership. All data, technical information, materials gathered, originated, developed, prepared, or
obtained as a condition of this agreement and used in the performance of this agreement - including, but not limited
to all reports, surveys, plans, charts, literature, brochures, mailings, recordings (video or audio), pictures, drawings,
analyses, graphic representations, software computer programs and accompanying documentation and printouts,
notes and memoranda, written procedures and documents, which are prepared for or obtained specifically for this
agreement - or are a result of the services required under this contract - shall be, and remain, the property of the State
of Vermont, regardless of the state of completion. Such items shall be delivered to the State of Vermont upon 30 days
notice by the State. With respect to software computer programs and / or source codes developed for the State, the
work shall be considered "work for hire,” i.e., the State, not the contractor or subcontractor, shall have full and
complete ownership of all software computer programs and/or source codes developed.

-7-

11.

Security and Data Transfers. The State shall work with the Contractor to ensure compliance with all applicable
State and Agency of Human Services' policies and standards, especially those related to privacy and security. The
State will advise the Contractor of any new policies, procedures, or protocols developed during the term of this
agreement as they are issued and will work with the Contractor to implement any required.
The Contractor will ensure the physical and data security associated with computer equipment - including desktops,
notebooks, and other portable devices - used in connection with this agreement. The Contractor will also assure that
any media or mechanism used to store or transfer data to or from the State includes industry standard security
mechanisms such as continually up-to-date malware protection and encryption. The Contractor will make every
reasonable effort to ensure media or data files transferred to the State are virus and spyware free. At the conclusion of
this agreement and after successful delivery of the data to the State, the Contractor shall securely delete data
(including archival backups) from the Contractor's equipment that contains individually identifiable records, in
accordance with standards adopted by the Agency of Human Services.

12.

Intellectual Property Ownership. All work products and items delivered or produced under this agreement will be
the exclusive property of the State of Vermont. This includes, but is not limited to, software, documentation, and
development materials. The contractor shall not sell or copyright a work product or item produced under this contract
without explicit permission from the State. If the Contractor is operating a system or application on behalf of the
State of Vermont then the contractor shall not make information entered into the system or application available for
uses by any other party than the State of Vermont, without prior authorization by the State.

13.

Lobbying. No federal funds under this agreement may be used to influence or attempt to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any federal contract, continuation, renewal, amendments other than
federal appropriated funds.

14.

Non–discrimination. The contractor will prohibit discrimination on the basis of age under the Age Discrimination
Act of 1975, on the basis of handicap under section 504 of the Rehabilitation Act of 1973, on the basis of sex under
Title IX of the Education Amendments of 1972, or on the basis of race, color or national origin under Title VI of the
Civil Rights Act of 1964. No person shall on the grounds of sex (including, in the case of a woman, on the grounds
that the woman is pregnant) or on the grounds of religion, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination, to include sexual harassment, under any program or activity supported by state
and/or federal funds.

15.

Environmental Tobacco Smoke. Public Law 103-227, also known as the Pro-children Act of 1994 (Act), requires
that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and
used routinely or regularly for the provision of health, child care, early childhood development services, education or
library services to children under the age of 18, if the services are funded by federal programs either directly or
through state or local governments, by federal grant, contract, loan or loan guarantee. The law also applies to
children's services that are provided in indoor facilities that are constructed, operated, or maintained with such
Federal funds.
The law does not apply to children's services provided in private residences; portions of facilities used for inpatient
drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid;
or facilities where Women, Infants, & Children (WIC) coupons are redeemed.
Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to
$1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity.
Contractors are prohibited from promoting the use of tobacco products for all clients. Facilities supported by state
and federal funds are prohibited from making tobacco products available to minors.
- Revised AHS -4/11/08-

-8-

AGENCY OF HUMAN SERVICES
103 South Main Street
Waterbury, Vermont 05676

AFFIRMATION OF UNDERSTANDING STATEMENT

As a Contractor for the State of Vermont, I affirm that I have read the Agency of Human Services (AHS) Rule No. 9623 concerning Access to Information, and that I agree to comply with the requirements of AHS Rule No. 96-23.

I shall require all of my employees performing services under this contract, to sign an affirmation of understanding
statement. Employee statements need not be sent to the State. However, they shall remain in Contractor’s personnel
records. The State can request copies of such documents if necessary.

Public Communication Services
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Name of Company (Print or type)

Date

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Authorized Signature
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Title

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