CO Contract with Value Added Communications 2006

State DOC Contracts • Colorado

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Contract Routing Number

07CAAOO(b3
CONTRACT
THIS CONTRACT, made this 18th day of September 2006, by and between the State of Colorado
for use and benefit of the Colorado Department of Corrections, State of Colorado, P. O. Box 1010,
Canon City, Colorado, 81212, hereinafter "State or CDOC", and Value Added Communications,
Inc., 3801 East Plano Parkway, Suite 100, Plano, Texas, 75074, hereinafter "Contractor" or "VACI".
RECITALS:

Pursuant to federal court order and Colorado Revised Statutes ("CRS") § 17-24-126 the state
acts as trustee for the inmate trust fund through which all monies handled under this Contract are
managed, and accordingly no State General fund dollars are expended or become obligated under
this Contract; and
Since no state funds are obligated under this Contract it is exempt from the State's
Procurement Code as well as the State's Fiscal Rules; and
Required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
The State desires that VACI provide Imnate Telephone Services ("ITS") for the term of this
Contract; and
VACI desires to provide such services, subject to the terms conditions and provision of this
Contract, and to derive all of its revenue under this Contract from charges made to imnates on a percall basis; and

NOW, THEREFORE, it is hereby agreed that in consideration of the mutual covenants and
agreements set forth and for other goods and variable consideration, the sufficiency of which is
herby acknowledged, the State and Contractor agree to the following terms and conditions.

Page 1 of20

TABLE OF CONTENTS
1.

STATEMENT OF WORK
1.1 Inmate Telephone Services (ITS)
1.2 ITS for New or Expanded Facilities and Privately Managed Facilities
1.3 Permits, Licenses, Rates and Commissions
1.4 Performance Bond

ORDER OF PRECEDENCE

TERM
3.1 Renewal Options

PAYMENT AND RATES
4.1 Rates and Charges
4.2 Commissions and Payment
4.2.2 The State shall establish billing procedures
4.2.3 ITS Commissionable Revenue

CONTRACTOR'S STAFF

SECURITY AND ACCESS

LEGAL AUTHORITY

WARRANTY

INTELLECTUAL PROPERTY INDEMNIFICATION

10.

EVENTS OF DEFAULT

11.

REMEDIES

12.

TERMINATION
12.1 Termination without Cause
12.2 Termination for Cause
12.3 Termination for Convenience

13.

TRANSITION OF SERVICES

14.

CONTRACTOR'S INSURANCE REQUIREMENTS

15.

REPRESENTATIVES AND NOTICE

16.

DISPUTES

17.

ASSIGNMENT

Page 2 of20

18.

FORCE MAJEURE

19.

THIRD PARTY BENEFICIARIES

20.

LIMITATION OF STATE LIABILITY

21.

SEVERABILITY

22.

WAIVER

23.

INTEGRATION OF UNDERSTANDING

24.

SURVIVAL OF CERTAIN CONTRACT TERMS

25.

MODIFICATION AND AMENDMENT

26.

CONFIDENTIALITY

27.

COOPERATION.

28.

TAX EXEMPT STATUS

29.

TIME IS OF THE ESSENCE.

30.

COMPLIANCE WITH THE LAW

31.

PUBLICITY

32.

LITIGATION

33.

COOPERATION

34.

NON-EXCLUSIVITY

35.

EQUIPMENT OWNERSHIP AND CONFIDENTIALITY OF RECORDS

SPECIAL PROVISIONS
SIGNATURE PAGE
EXHIBITS
EXHIBIT A - Statement of Work: Specifications
EXHIBIT B - Option Letter

Page 3 of20

Statement of Work. Contractor agrees to provide ITS services as follows, and as set out
in the attached Exhibit A and Exhibit B which are hereby incorporated by reference into
this Contract:
1.1. Inmate Telephone Services. Contractor agrees to provide the ITS by furnishing all
work, labor and materials and performing all work required, for the complete and prompt
execution of everything described or shown in the terms, conditions, specifications and
provisions of this Contract.
1.2. Inmate Telephone Service (ITS) for Expanded CDOC Facilities and PrivatelyManaged CDOC Facilities. For any expanded CDOC or privately-managed facilities
during the term of this Contract, Contractor agrees to bring those expanded facilities into
compliance with this Contract as a fully functioning part of the ITS network.
1.3.

Permits, Licenses, Rates and Commissions.
1.3.1. Contractor will, at its own expenses, obtain all necessary licenses to continue
operating a communication company within Colorado under FCC and Colorado
PUC guidelines, rules and regulations.
1.3.2. Contractor agrees to notify CDOC in writing within ten (10) days upon
determining that it may be precluded by a change in Federal, State or local law or
regulations from providing the ITS. Contractor further agrees that, in the event
Contractor or any subcontractor is precluded by applicable law from continuing to
provide the ITS, Contractor will reasonably assist CDOC in identifying another
Contractor's system which provides substantially the same features and functionality
as the Contractor-provided system; provided, however, CDOC shall make its own
independent determination of whether another Contractor's system meets DOC's
requirements, and Contractor shall have no further liability in connection with
rendering any such assistance to CDOC. Upon CDOe's selection of a replacement
Contractor, at no cost to the State, Contractor will reasonably assist CDOC with the
conversion from Contractor's system or services, without unnecessary interruption.
1.3.3. The Statement of Rates and Commissions, Section 4 below, sets forth the per
minute rates and per call surcharges that called parties will be charged (in the case of
collect calls) and calling parties (in the case of debit calls) will be charged under the
Inmate Telephone Service. Section 4 also sets forth the commissions the Contractor
shall pay the State as a result of providing the Services under this Contract. In the
event of any law, order, rule, regulation or other mandate of any Federal, State, or
local government agency enacted during the term of this Contract, including any
extensions, including but not limited to any Colorado PUC rate caps or flat fee
requirement, which requires Contractor to charge less than Section 4 would otherwise
entitle Contractor to charge users of the ITS, then the Parties will negotiate in good
faith an equitable downward adjustment to the commissions payable by Contractor
for the ITS, as well as any other affected terms, conditions or provisions of this
Contract.

Page 4 of20

1.4 Performance Bond. Within ten (10) days afterthk, Effective Date ofthis Contract, the
Contractor shall provide to the State, at the COI\tractor's cost, a duly executed
perfonnance bond in the penal sum of Five Huhdred Thousand Dollars ($500,000),
issued by a surety licensed to do business in th~ State of Colorado, and shall maintain
such perfonnance bond for the tenn of this CoIltract, including any extensions or
renewals.
Such bond shall include but not be limited to payment of all connnissions
owed to the CDOC by the Contractor but not p&id due to Contractor's default.
,

2.
Order of Precedence. The provisions of this dontract shall govern the relationship of the
State and Contractor. In the event of conflicts or inconJistencies between this contract and its
exhibits or attachments, such conflicts of inconsistenci~sshall be resolved by reference to the
following documents, incorporated into tlris contract, the following order of priority:

A.
B.
C.
D.

Colorado Special Provisions, contract dages 18 to 19.
Remainder of this contract, page 1 to 17.
Exhibit A - Statement of Work: Specit1cations
Exhibit B - Option Letter
.

3.
Term. This contract shall become effective on ~ovember 1,2006 (the "Effective Date")
and shall terminate on October 31, 2008, unless sooner lenninated by its tenns or extended per
:
the renewal provision herein.
I
I

3.1 Tbe State may require continued perfonnan'ce for a period oftwo (2) one (1) year
options each, for any services at the tenns specified in this contract. The State may
exercise its option to armually renew the Contra~t by delivering to tbe Contractor a
written notice, whicb shall be provided to the Contractor for the next ensuing renewal
year, by written notice to Contractor with sixty (60) days prior to the end of the current
contract term in a fonn substantially equivalentlto Exhibit B. Ifthe State exercises this
option, the extended contract will be consideredlto include this option provision. The
total duration of this contract, including the exeIjeise of any options under this section,
i
shall not exceed four (4) years.
,
.,

3.2. Holdover. In the event that the state agen~ desires to continue the services and a
replacement contract has not been fully executed by the ending term date ofthis contract,
this contract may be extended unilaterally by th~ state for a period of up to two months
upon written notice to Contractor under the sam~ tenns and conditions ofthe original
contract including, but not limited to commissiohs, rates, and service delivery
requirements, However, this extension terminates when the replacement contract
becomes effective.

Payment and Rates.

4.1 RATES AND CHARGES: Per minute rates and per call charges for Local, lntralata, Intra-state Inter-lata and Inter-state collect and debitl calls, are set forth below. These rates
and charges are fixed for the term of the Contract, including any extensions or renewals, unless

Page 5 of20

otherwise agreed by the parties. International rates are subject to change and are not set by this
contract.
ITS COLLECT CALLS
COLLECT CALL TYPE

PER CALL CHARGE

RATE PER MINUTE

Local

$2.46

none

Intra-Lata

$2.11

$0.15 All Times

Intra-State Inter-Lata

$3.00

$0.24 All Times

Inter-State

$3.95

$0.89 All Times

ITS DEBIT CALLS
DEBIT CALL TYPE

PER CALL CHARGE

RATE PER MINUTE

Local

$1.25

none

Intra-Lata

$1.00

$0.15 All Times

Intra-State Inter-Lata

$1.25

$0.19 All Times

Inter-State

$1.25

$0.19 All Times

4.2.

COMMISSIONS AND PAYMENT:

4.2.1. Commissions on ITS Calls: The CDOC shall collect the revenue from the
inmates for calls made on behalf of the Contractor and for payment to the Contractor.
Contractor shall be obligated to pay to CDOC a percentage of such revenue as a commission
equal to forty-three percent (43 %) of the "ITS Commissionable Revenue" from all ITS
Collect and Debit calls under this contract. Failure by Contractor to pay such commission to
the CDOC by the due date set out herein shall be deemed to be an event of default under this
Contract.
4.2.2. The State shall establish billing procedures. Contractor shall submit to the
State a monthly invoice which shows the total revenue generated from debit calls and the
total commission earned by the State on the total billable debit and collect calls placed
through the ITS. The obligation owed by or due to the CDOC inmate nust fund will be the
difference between the cost of the inmate phone calls and the commissions earned for that
month. All monthly payments made to the Contractor shall be made by Electronic Funds
Transfer.
4.2.3. ITS Commissionable Revenue. "ITS Commissionable Revenue" is the total
billable revenue for all ITS Collect and Debit calls processed, less:
a.
Taxes, as applicable,
b.
Credits,
c.
Any amount the Contractor collects or otherwise pays to third parties in
support of programs mandated by governmental or quasi-governmental

Page 60f20

d.
e.

authorities, such as the Universal Service Fund and the Carrier Access
Charge,
Any amount the Contractor pays to payphone service providers pursuant to
Section 276 of the Telecommunications Act of 1996 ("Section 276") and
the regulations implementing Sections 276, and
Any costs incurred by the Contractor in connection with such compensation
requirements in support of program mandated by governmental or quasigovernmental authorities, including without limitation those of Section 276.

5.
Contractor's Staff. Only designated and approved Contractor Personnel shall work on this
contract. Contractor personnel shall pass CDOC background checks before they will be allowed to
work inside CDOC facilities. Contractor shall screen all designated Contractor personnel to ensure
that all such individuals are fully qualified to work on this contract and, if required by law or
ordinance, are validly licensed and/or have obtained all requisite permits.
6.
Security and Access. Contractor shall provide physical and logical protection for State
hardware, software, applications and data that meet or exceed industry standards. Contractor shall
provide the State with access, subject to Contractor's reasonable access security requirement, seven
(7) days a week, 24 hours a day, for the purpose of inspecting and monitoring access and use of State
data and maintaining State systems.
7.
Legal Authority. Contractor warrants that it possesses the legal authority to enter into this
contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to
exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract
and to bind Contractor to its terms. The person(s) executing this contract on behalf of the Contractor
warrant(s) that such person(s) have full authorization to execute this contract.
8.

Warranty.
Contractor expressly warrants that in providing the ITS services:
8.1.
Contractor shall strictly comply with the descriptions and representations as to
services and deliverables (including performance, capabilities, accuracy,
completeness, characteristics, specifications, configurations, standards, functions and
requirements) set forth in this contract and the exhibits hereto. Contractor and
Contractor's employees shall perform the services and deliver the deliverables in a
timely manner;
8.2.
The services to be perfonned hereunder shall be performed in a workmanlike manner,
subject to the supervision and instructions provided by State, and consistent with that
level of care and skill ordinarily exercised by other providers of similar services
under similar circumstances at the time Services are provided;
8.3.
Contractor is the lawful owner or licensee of all software, hardware, methods,
methodologies and any pre-existing Intellectual Property used in the performance of
the services and the delivery of the deliverables contemplated hereunder. The
Contractor has the right to permit the State access to or use of such software,
hardware, methods, methodologies and Intellectual Property;
8.4.
All software and hardware used to provide the ITS will meet all specifications set
forth in this contract and any documents referenced therein.
8.5.
Contractor will, without charge to the State, correct any defects and make any
additions, modifications or adjustments to any of its ITS equipment used under this

Page 70f20

8.6

Contract as well as update or revise any software as may be necessary to keep the ITS
in operating order in accordance with specifications at all times during the term of the
Contract and it is understood that the software and equipment is only required to meet
the functionality required by this agreement.
Contractor will, without charge to the State, provide and update as needed all voice
scripting to meet FCC, PUC and/or any other governing agency requirements.

Intellectual Property Indemnification. Contractor shall pay all applicable royalties and
license fees for any software or other intellectual property utilized in performance of this
Contract. Contractor shall defend, at its sole expense, any claim(s) or suites) brought against
the State alleging that the use by the State of any product(s), or any part thereof, supplied by
Contractor under this contract constitutes infringement of any patent, copyright, trademark,
or other proprietary rights, provided that the State gives Contractor written notice within
twenty (20) days of receipt by the State of such notice of such claim or suit, provides
assistance and cooperation to Contractor in comlection with such action, and Contractor has
sole authority to defend or settle the claim. Contractor shall consult the State regarding such
defense and the State may, at its discretion and expense, participate in any defense. Should
the State not choose to participate, Contractor shall keep the State advised of any settlement
or defense. The services shall not violate or in any way infringe upon the rights of third
parties, including proprietary information and non-disclosure rights, or any Intellectual
Property rights.
Contractor shall have liability for all such claims or suits, except as expressly provided
herein, and shall indemnify the State for all liability incurred by the State as a result of such
infringement. Contractor shall pay all reasonable out-of-pocket costs and expenses, and
damages finally awarded by a court of competent jurisdiction, awarded or agreed to by
Contractor regarding such claims or suits.
If the product(s), or any part thereof, become the subject of any claim, suit or proceeding for
infringement of any patent, trademark or copyright, or in the event of any adjudication that
the product(s), or any part thereof, infringes any patent, trademark or copyright, or if the sublicense or use of the product(s), or any part thereof, is enjoined, Contractor, after consultation
with the State, shall do one of the following at Contractor's expense: (i) produce for the State
the right under such patent, trademark or copyright to use or sub-license, as appropriate, the
product or such part thereof: or (ii) replace the product(s), or part thereof, with other suitable
products or parts conforming to the original license and State specifications; or (iii) suitably
modify the products, or part thereof or (iv) terminate provision of the affected Service(s)
and/or terminate this Contract..
Contractor shall have no obligation to defend against or to pay any costs, damages or
attorney's fees with respect to any claim based upon: (i) the use of an altered release if
Contractor had not consented to the alteration, or (ii) the combination, operation or use of the
product(s) with programs or data which were not furnished by Contractor, if such
infringement would have been avoided if the programs or data furnished by persons or
entities other than Contractor had not been combined, operated or used with the product(s),
or (iii) the use of product(s) on or in connection with equipment or software not permitted
under this contract if such infringement would have been avoided by not using the product(s)
on or in connection with such other equipment or software.

Page 8 of20

If and to the extent such damage or loss as covered by this provision is covered by the State
of Colorado Tort Claims Fund (the "Fund"), Contractor agrees to reimburse the Fund. To the
full extent permitted by the Constitution and the laws of the State of Colorado and the terms
of the Fund, Contractor and its insureds waive any right of subrogation against the State of
Colorado, the indemnities and the Fund and insurers participating thereunder, to the full
extent of this indemnification.
These provisions set forth the sole and exclusive remedy of the State, and the entire
obligation and liability of the Contractor, as to any claim or proceeding alleging infringement
or misappropriation of third party intellectual property or proprietary rights in connection
with this Contract.

10.

Events of Default. Any ofthe following events shall constitute an event of default ("Event
of Default") hereunder: (i) Contractor's failure to pay any commission payment when due;
(ii) Contractor's failure to perform or observe any covenant, condition, or obligation to be
performed or observed hereunder, or breach in any document furnished to State in connection
herewith, and such failure or breach continues unremedied for a period of forty-five(45)
days after written notice thereof from State; (iii) the State's determination that any statement,
representation, or warranty made by Contractor in this contract or in any other document by
Contractor in connection herewith is false, misleading or erroneous in any material respect;
or (iv) the institution of proceedings under any bankruptcy, insolvency, reorganization or
similar legislation, by or against Contractor, or the appointment of a receiver or similar
officer for Contractor or any of its property, and such proceedings or appointments are not
vacated or fully stayed within sixty (60) days after the institution or occurrence thereof; (v)
default in the payment or performance of any other liability, indebtedness, contract, or other
obligation of Contractor, Contractor shall, within thirty (30) days of receipt of notice, cure
such performance; or (vi) the failure of Contractor or Contractor's employees to comply with
any of the obligations of Section 1 above; (vii) loss oftotal service affecting greater than or
equal to 20% or more of one location or of anyone area within a facility for more than 5
days; (viii) any system functionality or programming issue which causes errors affecting
inmate account balances or call rating for more than 24 hours.

11.

Remedies. In addition to any other remedies provided for in this contract, and without
limiting its remedies otherwise available at law, the State may exercise the following
remedial actions if Contractor substantially fails to satisfy or perform the duties and
obligations in tIus contract. Substantial failure to satisfy the duties and obligations shall be
defined to mean significant insufficient, incorrect, improper performance, activities, or
inaction by Contractor. These remedial actions are as follows:
I I. I. Suspend Contractor's performance pending necessary corrective action as specified
below by the State without Contractor's entitlement to adjustment in price/cost or
schedule; and/or
11.2. Withhold any payment due to Contractor until the necessary services or corrections in
performance are satisfactorily completed and/or acceptable goods are provided;
and/or

Page 9 of20

11.3.

11.4.

Request the removal from work on this contract of employees or agents of Contractor
whom the State justifies as being incompetent, careless, insubordinate, Wlsuitable, or
otherwise unacceptable, or whose continued employment on this contract the State
deems to be contrary to the public interest or not in the best interest of the State;
and/or
Terminate this contract for default.

The above remedies are cumulative and the State, in its sole discretion, may exercise any or
all of them individually or simultaneously.
12.

Termination.
12.1.
Termination without Cause. Either party shall have the right to terminate this
Contract by giving the other party ninety days notice by mail. If notice is so given, this
Contract shall terminate on the expiration of the ninety days, and the liability of the parties
hereunder for the further performance of the terms of this Contract shall thereupon cease, but
the parties shall not be relieved of the duty to perform their obligations up to the date of
termination. Notwithstanding such termination, all terms and conditions of this Contract
which may require continued obligation or compliance beyond the termination date of the
Contract shall survive such termination.

If, through any cause, Contractor shall fail to fulfill, in a
12.2. Termination for Cause.
timely and proper marmer, its obligations Wlder this contract, or if Contractor shall violate
any of the covenants, agreements, or stipulations of this contract, the State shall have the
right to terminate this contract for cause. The State shall notify Contractor of Contractor's
unsatisfactory performance of any term or condition of this contract by giving Contractor
written notice of the specific obligation this contract has performed Wlsatisfactorily. The
State shall give such notice in accordance with the terms of the applicable Performance
Bond. Contractor shall, within thirty (30) days of receipt of such notice, cure such
unsatisfactory performance. If Contractor fails to cure its unsatisfactory performance within
such thirty (30) day period, the State may, within its sole discretion, either extend the period
within which Contractor may cure its performance by providing written notice of the specific
extension period to Contractor, or immediately terminate this contract by providing written
notice of termination to Contractor. In the event of termination, all data to include call
records, financial reports and anonymous incident reporting server records and recording,
and call recordings, become State property. This provision shall in no way limit other
remedies available to the State in this contract, or remedies otherwise available at law.
Notwithstanding the above, Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of this contract by Contractor, and the
State may withhold any payment to Contractor for the purpose of mitigating its damages Wltil
such time as the exact amount of damages due to the State from Contractor is determined.
The State may immediately terminate this contract by providing written notice oftermination
to Contractor if Contractor's representative furnished any statement, representation,
warranty, or certification in connection with the solicitation or award of this contract of this

Page 10 of20

contract which is materially false, or deceptive. The State will not be liable for any costs
incurred by Contractor if termination is for any of these causes.
If after such termination it is determined, for any reason, that Contractor was not in default,
or that Contractor's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shaH be the same as
if this contract had been terminated for convenience, as described herein.
Contractor's Duties: Notwithstanding termination of the Contract hereunder and subject to
any directions from the State, the Contractor shall take timely, reasonable and necessary
action to protect and preserve property in the possession of the Contractor in which the State
has an interest. The parties acknowledge, however, that this is not a purchase Contract, and
no State general fund dollars are to be expended by way of this Contract.
12.3 Termination for Convenience. The State may terminate this Contract should
circumstances occur which remove the governmental power to fulfill the State's obligation
under this Contract. The State shall give not less than ninety (90) days prior written notice of
the termination to the Contractor and specify the date upon which termination becomes
effective. Contractor shall remain liable to the State for all commissions accruing up to the
date Contractor's will cease.
13.
Transition of Services. Upon expiration or earlier termination of this contract or any
Services provided hereunder, Contractor shall cooperate fully with the State or such replacement
provider and promptly take all steps required to assist in effecting a complete transition, including
negotiating in good faith with the replacement provider for the sale of the Contractor's ITS related
equipment contained within the CDOC's facilities. However, the Contractor shall not be obligated to
sell any ITS related equipment which is the subject of an IP infringement claim. All services related
to such transition shall be performed at no additional cost to the State.
14.
Contractor's Insurance Requirements. Contractor shall obtain, and maintain at all times
during the term of this contract, insurance in the following kinds and amounts:
14.1. Workers' Compensation Insurance as required by state statute, and employer's
Liability Insurance covering all of Contractor's employees acting within the course
and scope of their employment.
14.2. Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability, personal
injury, and advertising liability with minimum limits as follows:
a.
$1,000,000 each occurrence;
b.
$1,000,000 general aggregate;
c.
$1,000,000 products and completed operations aggregate; and
d.
$50,000 anyone fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid,
Contractor shall immediately obtain additional insurance to restore the full aggregate
limit and furnish to the State a certificate or other document satisfactory to tlle State
showing compliance with this provision.

Page 11 of20

14.3.

14.4.

14.5.
14.6.
14.7.

15.

Automobile Liability Insurance covering any auto (including owned, hired and nonowned autos) with a minimum limit as follows: $1,000,000 each accident combined
single limit.
The State of Colorado shall be named as additional insured on the Commercial
General Liability and Automobile Liability Insurance policies. Coverage required of
this contract will be primary over any insurance or self-insurance program carried by
the State of Colorado.
The Insurance shall include provisions preventing cancellation or non-renewal
without at least 45 days prior notice to the State by certified mail.
All policies evidencing the insurance coverages required hereunder shall be issued by
insurance companies satisfactory to the State.
Contractor shall provide certificates showing insurance coverage required by this
contract to the State within 7 business days of the effective date of this contract, but
in no event later than the commencement of the services or delivery of the goods
under this contract. No later than 15 days prior to the expiration date of any such
coverage, Contractor shall deliver the State certificates of insurance evidencing
renewals thereof At any time during the term of this contract, the State may request
in writing, and Contractor shall thereupon within 10 days supply to the State,
evidence satisfactory to the State of compliance with the provisions of this section.

Representatives and Notice.
For the purpose of this contract, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in
writing new or substitute representatives without any requirement to amend this Contract. All
notices required to be given under this contract shall be hand delivered or sent by certified or
registered mail to the individuals at the addresses set forth below or to such other addresses
that the parties may specify in writing from time to time. Any such notice shall be deemed to
have been received when delivered, if delivered in person, or five days subsequent to deposit
in the u.s. mail, properly addressed to the recipient with appropriate postage affixed thereto.
If to the DOC:

Colorado Department of Corrections
Attn: Paul Lewin
2862 South Circle Drive, Suite 400
Colorado Springs, CO 80906

If to the CDOC agency controller:

Dennis Diaz
Colorado Department of Corrections
P.O. Box 1010
Canon City, CO 91215

If to the Contractor:

Value Added Communications, Inc.
Attn: Mark Turner, President
3801 East Plano Parkway, Suite 100
Plano, Texas, 75074

With email copy to:

Page 12 of20

Contracts
16.

Disputes. Except as herein specifically provided otherwise, disputes concerning the
perfonnance or this contract which cannot be resolved by the designated contract
representatives shall be referred in writing to a senior departmental management staff
designated the State and a senior manager designated by Contractor. Failing resolution at that
level, disputes are governed by the administrative process found in CRS § 24-109-10 I et seq
and as subsequently amended.

17.

Assignment. Contractor agrees not to assign rights or delegate duties under this contract or
subcontract any part of the perfonnance required under this contract without the express
written consent of the State, which shall not be unreasonably withheld. Such consent may
include, at the State's sole discretion: I) the execution by the State, Contractor and the
assignee of a Novation Agreement in a form prescribed by the State, wbich Novation
Agreement will become effective upon State approval or 2) verification by the State of the
assignment. Except as herein otherwise provided, this contract shall inure to the benefit of
and be binding upon the parties hereto and their respective successors and assigns. This
provision shall not be construed to prohibit assignments of the right to payment to the extent
pennitted by CRS § 4-9-318, provided that written notice of assignment of payment adequate
to identify the rights assigned is received by the controller for the agency, department, or
institution executing this contract. Such assigtmlent shall not be deemed valid until receipt by
such controller - as distinguished from the State Controller - at the address listed in
paragraph 15 above. Contractor assumes the risk that such written notice of assignment is
received by the controller for the agency, department, or institution involved.

18.

Force Majeure. Neither Contractor nor the State shall be liable to the other for any delay in,
or failure of perfonnance of, any covenant or promised contained in this contract, nor shall
any delay of failure constitute default or give rise to any liability for damages if, and only to
the extent that, such delay or failure is caused by fire, explosion, action of the elements,
strike, interruption of transportation, government interference, rationing, court action,
illegality, or any other cause which is beyond the control of the party affected and which, by
the exercise of reasonable diligence, could not have been prevented by the party affected
("Force Majeure Event"). The existence of such causes of delay or failure shall extend the
period for perfonnance to such extent as may be necessary to enable the Gomplete
perfonnance in the exercise of reasonable diligence after the causes of delay or failure have
been removed. Nothing in this paragraph shall prevent the State from covering its
requirements from another Contractor during the period of delay. If a Force Majeure Event
continues for more than thirty (30) days, the State may tenninate this contract in accordance
with the provision of Section 12 hereof, without additional liability. Force majeure shall not
relieve the Contractor's obligation to pay commissions to the CDOC as required in section 4
herein, but may be grounds to delay payment of such commissions.

19.

Third Party Beneficiaries. It is expressly understood and agreed that the enforcement of
the tenns and conditions of this contract and all rights of action relating to such enforcement,
shall be strictly reserved to the State and Contractor. Nothing contained in this contract shall
give or allow any claim or right of action whatsoever by any other third person. It is the
express intention ofthe State and Contractor that any such person or entity, other than the

Page 13 of20

State or Contractor, receiving services or benefits under this contract shall he deemed an
incidental beneficiary only.
20.

Limitation of State Liability. Notwithstanding anything herein to the contrary, no term or
condition shall be deemed a waiver of any provision of the "Colorado Governmental
Immunity Act, CRS § 24-10-IOI et seq., as now or hereafter amended ("Immunity Act"), nor
of the Risk Management self-insurance statutes at CRS § 24-30-1501, et seq., as now or
hereafter amended ("Risk Management Act"), state employee Qualified Immunity under
federal law, the Eleventh Amendment of the U.S. Constitution, as well as any other
applicable state or federal law or regulation. The parties understand and agree that the
liability of the State of Colorado, its departments, institutions, agencies, boards, officials and
employees is controlled and limited by the provisions of the Immunity Act and the Risk
Management Act. Any provision of this contract, whether or not incorporated herein by
reference, shall be controlled, limited, and otherwise modified so as to limit any liability of
the State to the above cited laws. In no event will the State be liable for any special, indirect,
or consequential damages, even if the State has been advised ofthe possibility thereof.

21.

Severability. To the extent that this contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of this contract, the terms of
this contract are severable, and should any term or provision hereof be declared invalid or
become inoperative for any reason, such invalidity or failure shall not affect the validity of
any other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.

22.

Waiver. Any breach, default, or failure to perform any term or condition of this contract
shall not be deemed waived or released by a party's silence, and any such waiver or release
shall not be effective unless made in writing by an authorized representative of the party
making the waiver. The waiver of any term or provision of this contract shall not constitute
waiver of a future breach, default or failure to perform for the waived term or provision,
unless expressly provided in the written waiver. The waiver of any term or provision of this
contract shall not constitute waiver of any other terms or provision of this contract not
specifically addressed in the written waiver.

23.

Integration of Understanding. This contract is intended as the complete integration of all
understanding between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect unless embodied herein in writing. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any
force or effect unless embodied in a written contract executed and approved pursuant to State
Fiscal Rules.

24.

Survival of Certain Contract Terms. Notwithstanding anything in this contract to the
contrary, the parties understand and agree that all terms and conditions of this contract which
may require continued performance, compliance, or effect beyond the termination date of this
contract and shall survive such termination date and shall be enforceable by the State as
provided herein in the event offailure to perform or comply by Contractor.

25.

Modification and Amendment. This contract is subject to such modifications as may be
required by changes in Federal or State law, or their implementing regulations. Any such

Page 14 of20

required modification shall automatically be incorporated into and be part of this contract on
the effective date of such change as if fully set forth herein. Except as provided above, no
modification of this contract shall be effective unless agreed to in writing by both parties in
an amendment to this contract that is properly executed and approved in accordance with
applicable law.
26.

Confidentiality. Contractor acknowledges that it may corne into contact with confidential
information contained in the records of the State. Contractor shall provide and maintain a
secure environment that ensures confidentiality. The confidentiality of all information will be
respected, and no confidential information shall be distributed or sold to any third party nor
used by Contractor or Contractor's assignees and / or subcontractors in any way except as
authorized by this contract. Confidential information shall not be retained in any files or
otherwise by Contractor. Disclosure of such information may be cause for legal action
against Contractor. Defense of any such action shall be the sole responsibility of Contractor.

27.

Cooperation. In the event that the State has entered into or enters into agreements with other
contractors or government institutions for additional work related to the Services provided
hereunder, Contractor agrees to cooperate fully with such other parties. Contractor shall not
commit any act that will interfere with the work performed by any third party as set forth
herein.

28.

Tax Exempt Status. It is hereby recognized and acknowledged by Contractor that the State
of Colorado is tax-exempt and is not liable for any sales, use, excise property or other taxes
imposed by any federal, state or local government tax authority. The State of Colorado's
FEIN # is 840644739 . The State of Colorado tax exemption number is 98-02565 . The State
is also not liable for any taxes of Contractor for franchise or related to the income of
Contractor. No taxes of any kind shall be charged to the State.

29.

Time is of the Essence. Time is of the essence with regard to performance of any service or
the delivery of any deliverable under this contract, unless the parties agree otherwise in
writing.

30.

Compliance with Law. Contractor shall adhere strictly to and comply with all applicable
Federal, State, and Local laws, statutes, regulations, and executive orders, as they currently
exist and may hereafter be amended, which are incorporated herein by this reference as terms
and conditions of this contract. Contractor also shall, and shall require its employees to,
comply with all applicable State policies and standards in effect during the performance of
this contract, including but not limited to policies and standards relating to persounel
conduct, security, safety, confidentiality and ethics. Contractor shall obtain and maintain, and
shall cause its subcontractors to obtain and maintain all approvals, permissions, permits,
licenses, and other forms of documentation required in order to comply with all applicable
foreign or domestic laws, rules or regulations. Certain equipment, software and techoical data
which may be provided hereunder may be subject to export and re-export controls under the
U.S. Export Administration Regulations and/or similar regulations of the U.S. or any other
country. Contractor shall be responsible for complying with all export and reexport laws and
regulations including without imitation, (i) locallicense.or permit requirements, (ii) export,
import and customs laws and regulations (such as the export and re-export controls under US
Export Administration Regulations and/or similar regulations of the US or any other country)
Page 15 of20

which may apply to certain equipment, software and technical data provided hereunder, and
(iii) all applicable foreign corrupt practices acts.
This Contract is made under and governed by the law of the State of Colorado, which shall
be applied to the interpretation, execution and enforcement of this Contract. Any legal action
commenced to enforce any right or obligation of this Contract shall only be commenced in
Federal or State courts located in Denver County in the State of Colorado. The State
recognizes that Contractor, in conducting its business in the manner set forth herein, is also
subject to the Communications Act of 1934, as amended, and as interpreted and applied by
the Federal Communications Commission (collectively, the Act). In the event any rates or
charges set forth in or contemplated by Section 4, above, require a tariff or other regulatory
filing, such rates or charges shall not be effective until the FCC or State PUC, as applicable,
grants any necessary approval.
31.

Publicity. Contractor shall not release without the State's prior written approval any
publicity regarding the program or Services provided herein, including but not limited to,
notices, information, pamphlets, press releases, research, reports, signs and similar public
notices prepared by or for Contractor, identifying the State of Colorado, the State agency
receiving goods or services under this contract; however, Contractor may reference this
contract in proposals for other contracts without the State's approval.

32.

Litigation. Contractor shall, as soon as possible but not later than five (5) business days after
being served with a summons, complaint, or other pleading in a case which directly involves
Products or Services provided by Contractor to the State under this contract and which has
been filed in any Federal or State court or administrative agency, deliver copies of such
documentation to the State's representatives listed in section 15 above.

33.

34.

Non-exclusivity. This contract is entered into solely for the convenience of the State of
Colorado, and in no way precludes the State or any of its user agencies from obtaining like
services from other suppliers.

35.

Equipment Ownership and Confidentiality of Records.
35.1. The CDOC agrees and acknowledges that all telephone instruments, system
equipment, recording equipment, software and fixtures, including printers, modems,
computers (as inventoried to Contractor) and supplies installed or furnished by
Contractor in order to perform the Services, shall remain the sole and exclusive
property of the Contractor, third party manufacturers, or the contractor's
subcontractor(s) or Licensor(s), as applicable. The Contractor agrees to provide and
maintain computer hard drive space in such size and quantity, as is necessary to hold
ITS call recordings including completed calls for a maximum of two years and

Page 16 of20

incomplete calls for sixty days. Such recordings shall be accessible on site at the server
or on hard disk. The Contractor acknowledges that the content of such recordings, and
the recording media on which the recordings are located, shall be the property of
CDOC and the tapes or other recording media will be turned over to CDOC upon the
expiration or termination of the Contract, with no claim from Contractor. Any
intellectual property contained on such media which belongs to the Contractor shall
remain the property of the Contractor even though the Contractor will allow possession
of the intellectual (proprietary) property to remain with the CDOC and the CDOC shall
not disclose or attempt to provide a license or otherwise transmit this property to any
other third party. Call Detail Records (CDR) will be stored and accessible to CDOC
for two years.
35.2.

In the event the Contractor shall obtain access to any records or files of the
State in collection with this Contract, or in collection with the performance of its
obligations under this Contract, which records, files or other information are
designated as confidential by the State, by markings, written notice to the
Contractor, or other appropriate means, then the Contractor shall keep such
records and information confidential and shall-comply with all laws and regulations
concerning the confidentiality of such records. The Contractor shall notify its
employees that they are subject to the confidentiality requirements as set forth
above, and shall provide each employee with a written explanation of the
confidentiality requirements before the employee is permitted access to confidential
data.

35.3

Nothing herein is intended or shall operate as a waiver of any applicable law
governing disclosure of records, including the Colorado Open Records Act, CRS §
24-72-101 et seq. The State agrees to provide the Contractor with prompt written
notice of requests for disclosure under such laws of any Contractor information
within the scope of this clause.

Page 17 of20

SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics,
1.
CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State
Controller or designee.

2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
3.

INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,

damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by
Contractor, or its employees, agents, subcontractors, or assignees pursuant to the tcnns of this contract.
{Applicable Only to Intergovernmental Contracts] No teon or condition ofthis contract shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-10 I et
seq., or the Federal Tort Claims Act, 28 U.S.c. 2671 et seq., as applicable, as now or hereafter amended.

4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perfonn its duties hereunder as an independent contractor and not as an
employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee ofthe state. Contractor
shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract.
Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party
provides such coverage and that the state does not pay for or othetwise provide such coverage. Contractor shall have no authorization, express or
implied, to bind the state to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force
workers' compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurancc in the amounts
required by law and shall be solely responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in thc interpretation,
execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for
arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and
void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in
part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or othelWise. Any provision rendered null
and void by tile operation of this provision will not invalidate tlte remainder of this contract, to the extent that this contract is capable of execution. At
all times during the perfonnance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that
have been or may hereafter be established,
7.
[Not Applicable to IntergovernmentoJ Contrac~] VENDOR OFFSET. CRS 24-30-202 (1) and 24-30-202.4. The State Controller may
withhold payment of certain debts owed to State agencies under the vendor offset intercept s.ystem for: (a) unpaid child support debt or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (0) unpaid loans due to the Student
Loan Division ofthe Department of Higher Education; (d) amounts rcquired to be paid to the Unemployment Compensation Fund; and (e) other
unpaid debts owing to the State or its agencies, as a result of final agency determination or reduced to judgment, as certified by the State Controller.

8. SOFTWARE PIRACY PROHmITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract
shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions, Contractor hereby certifies that, for the tenn of this contract and any extensions, Contractor has in place appropriate systems and controls
to prevent such improper use of public funds. If the State detennines that Contractor is in violation of this paragraph, the State may exercise any
remedy available at law or equity or under this contract, including, without limitation, immediate tennination oftbis contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS24-18-201 and 24-50~S07. The signatories aver that to their knowledge, no employee of the State
has any personal or beneficial interest whatsoever in the service or property described in this contract.
10.

[NOI Applicable 10 Intergovernmenlal Conlracts]. ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS

ON PUBLIC BENEFITS. eRS 8-17.5~101 and 24~76.5-101. Contractor certifies that it shall comply with thc provisions ofCRS 8-17.5~1 01 ct seq.
Contractor shall not knowingly employ or contract with an illegal alien to ~rm work under this contract or cnter into a contract with a subcontractor
that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract.
Contractor represents, warrants, and agrees that it (i) has verified Olat it does not employ any illegal aliens, through participation in the Basic Pilot
Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (li) otherwise shall
comply with the requirements of CRS 8-17.5-102(2)(b). Contractor shall comply with all reasonable request'! made in the course of an investigation
under CRS 8-17.5-102 by the Colorado Dcpartment of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8·
17.5-101 et seq., shall be cause for termination for breach and Contractor shall be liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affinns under penalty of perjury that he or she (i) is a citizen or
otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions ofCRS 24-76.5~101 et seq., and (iii) shall
produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this. contract.

Revised October 25, 2006

Effective Date of Special Provisions: August 7, 2006

Page 18 of20

STATE OF COLORADO FISCAL RULES
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
STATE OF COLORADO:

CONTRACTOR:

GOVERNOR

/;fzh.e-lldcled (/lrTIf71W1it-a6bT6, 7/!c,

By_-+.--=:::----,,-=-_---,.,..,...
Executive Director

Legal Name 01 Contracting Entity

Department 01,

Social Security Number or FEIN
LEGAL REVIEW: Signature 01 Authorized Officer

ATIORNEY GENERAL

~~rP:-fJL21~~LLJ~[§:b'52;Z;;8b1~",=::~/IfI~/

. Ie 01 Authorized Officer

CORPORATIONS: (A corporate attestation is required.)

Attest (Seal) By.
Clerk) (Place corporate seal here, if available)

(Corporate Secretary or Equivalent, or Town/City/County

ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER

CRS 24·30·202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below, the State 01 Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:

Issued by the State Controller's Office Date Issued: 7/104 Rule 3·1 Date Revised: 811105

Page 19 0120

Page 20 of20

Contract Routing Number

EXHIBIT A
STATEMENT OF WORK
SPECIFICATIONS FOR
INMATE TELEPHONE SYSTEM (ITS)

ITS EQUIPMENT FEATURES AND SPECIFICATIONS
A.
Base System Overview. The Contractor will provide all ITS equipment currently
installed, replacing or upgrading as necessary equipment, software, or any other necessary
component to provide functionality of at minimwn the quality and quantity as is currently in
place in the CDOC facilities and privately-managed correctional facilities. The Contractor
shall also install the ITS in all currently constructed but uninstalled privately-managed
correctional facilities (Bent County Correctional Facility [BCCF], Crowley County
Correctional Facility [CCCF], Huerfano County Correctional Facility [HCCF], Kit Carson
Correctional Facility [KCCF]) as directed by CDOC, with equipment and functionality of at
minimum the quality and quantity comparable to the CDOC facilities. Equipment that
cannot be exactly duplicated will be replaced by any equipment and functionality
components necessary to provide a minimum of the same standard and quality the CDOC
expects from the existing system and equipment. Due to changes in facilities, facility
expansions configurations and system usage, some sites will require more or less equipment
than is currently installed at certain sites. See Table A-I, below, for current installation.
The Contractor will continue to provide the VAC System 100 and VAC Focus System, as
currently installed. The VAC System 100 and VAC Focus System, collectively ITS, will
both offer hybrid functionality, providing Collect and Debit calling platforms; Local,
IntraLata, InterLata, InterLata InterState and InterState calling capability as well as Debit
International calling capability.
If the performance of any component of the ITS at any time consistently performs at below
acceptable CDOC and/or industry standards due to usage or age, or any other cause, that
component will be replaced or upgraded, as necessary, by the Contractor to meet acceptable
CDOe and/or industry standards.

Page 1 of25

TABLE A-1 EQUIPMENT BY SITE
MINIMUM
LINES

WORKSTATIONS

Arkansas Valley IAVCF!

Arrowhead

SITE

CAMPUS

LINE
EXPANSION

NOTES

Territorial (CleF)
Centennial (CCF

EGAN
123

Cheyenne Mountain (CMRC)
Colorado Women's (CWCF

Sels owned bY VAG

EGAN

Golden Ieee)

9 outside Dhone booths

Denver IDRDC)
DRDC
EGAN
ECAN

Pueblo (PMC)

s~
S> -,

""'

I
I

PMC

EGAN

135

144

CTCF

PMC

Youth Offender (yOS)

I
I

PMC

Page 2 of25

5 sets State Hospital

INSTALLATION
SCHEDULE

B.
Centralized Database Server Configuration. The VAC System 100 ITS platform,
and VAC Focus System where applicable, will provide redundant database servers and
related equipment to be housed and maintained at the Central Operations Facilities (COF)
located in Canon City and Colorado Springs, Colorado, and Plano, Texas, for all COOC and
designated privately-managed correctional facilities.
The servers are capable oflong-term sustainable performance and are scalable to
accommodate system expansions.
The servers have redundancy capabilities incorporated within the dcsign to store inmate
database and call records. Inmate database and caIl records include, but are not limited to,
inmate PIN/allowed call list, databases, history of accounts and call detail record reports of
all traffic.
The database for each server wiIl be configured with a maximum storage of two years inmate
information and call records. This information will be stored on a RAID array. RAID
storage technology shall also be used where critical data (e.g., financial reports, banking
records) will be securely maintained and retrievable in case of disk failure. Any other
proposed storage methods for this infonnation must meet the approval of CDOC.
Each database will be connected to the on-site System 100 ITS and Focus Systems, as
applicable, as well as the administrative, investigative and monitoring workstations, via
Contractor-provided and maintained close secure Frame Relay wide area network (WAN).
C.
On-Site Inmate Telephone System (ITS) Servers. ITS inmate call processing,
recording and monitoring servers will be located at pre-determined COOC and privatelymanaged correctional facilities. The on-site ITS servers will provide the facilities call
processing, local inmate information storage, and the recording and monitoring functions.
All inmate telephones (to include TTY units and cordless phones, as required by COOC)
administrative and investigation workstations, outgoing voice and data circuits will be
networked through the ITS servers. Each ITS server will store a minimum of two years of completed call
recordings and six months of call attempt recordings for rapid access aud retrieval by CDOC personnel and two
years of call detail records, as follows:
The servers that VAC will be replacing or upgrading will be built to hold two years worth of completed call
recordings and six month of call attempt recordings. The CDR's will be kept for the same period.
The hard drive space for each is:

Site Name
2 Years Online
COVCI078FS
COVCII40FS
COAVCF MFS

Total HD
1704

COBVCF MFS
COCCC MFS

723
1561
1456
444

COCTCF MFS
CODCC MFS

962
1122

Page 3 of25

CODRDC MFS
COECAN MFS
COFLCF MFS
COLCF MFS
COPMC MFS
CORce MFS
COSCF MFS
COTCF MFS

2677
4791
763
1162
1321
404
3771
843
This is in ME or

TB If 1000 or
more

Each unit has its own battery backup uninterruptible power supply (UPS) incorporated into
the design, which allows for a period oftime that the system can be shutdown systemically in
the event power is not immediately restored.
On-site ITS servers will be located at pre-determined CDOC and privately-managed facilities
as noticed in Table A-Ion page 2 of this Statement of Work. Each ITS site server will be
connected to the centralized database servers via the Contractor provided Frame Relay
WAN. Each server will be configured for sufficient input and output capacity to handle the
anticipated level of validation and call processing transactions imposed by the inmate
population for that specific site. If the input and/or output capacity is found to be insufficient
to provide, a commercially reasonable standard the Contractor will make the necessary
adjustments to meet CDOC's commercially reasonable expectations. Each on-site ITS will
function independently and not be dependent on the centralized database servers to process
calls except as agreed to by both parties.
The follo~ing equipment will comprise the on-site ITS server configurations, at a
minimum, or as each site requires:
•
•
•
•
•

Digital Network eXchange (DNX) or Equivalents
Charmel Bank, where applicable
Routers
Intelligent Switches or Huhs
Surge Protectors and UPS

On-site Equipment Summary, at a minimum or as each site requires:
•
•
•
•
•

Controller (Mag Pro or Focus)
Site Server: to include RAID Storage for CDR
Network Switch or Hub
Routers as applicable
Administrative and Investigative Workstations (to include at a minimum: Intel
Pentium Processors, writeable CD-ROM, Sound Cards, Speakers, Keyboard,
Mouse, Headphones, Printer, Floppy Drive, 10/100 Network Card).

Page 4 of25

•
•
•
•
•
•
•
•
•
•

Admin HQ Networked Printer ofsufficient size to handle printing of
Reconciliation Reports
Admin HQ Network Analyzer of sufficient display size for long distance
viewing
UPS/Surge Protector
Remote Power Boots
Modem Switch Box
Remote Access Dialing (where available)
Media Converters, where applicable
T-l's
Adtrans T-l's
Analog Lines, as applicable

D.
Basic VAC System, operational features and performance
specifications:
•

•
•

•

•
•
•

•

On-Site Recording: Automatic recording of all calls made from the inmate
telephone system unless specified by the CDOC. Recording begins at no later
than the moment the call connects to the outside Public Service Telephone
Network (PSTN) line.
Call Blocking: System will allow CDOC the ability to block recording of select
calls, such as pre-approved attorney telephone numbers.
Inmate Debit Records: complete compatibility with the CDOC DCIS Canteen
program to process and print a report of the upload of Canteen phone time
purchases to inmate phone accounts.
On-site Call Recording Storage: The ITS will be configured to provide on-site
system storage of all calls, inclusive of incomplete calls for 60 days and
completed calls for not less than two years, accessible from the on-site server.
Recorded Call Lock: System will allow CDOC the ability to lock recorded calls
permanently onto the hard drive and the ability to remove the locked calls. The
ability to do call locking or unlocking will be controIled by user permissions.
Writeable CD: Authorized users will have the ability to burn recorded calls to
CD for storage and investigative purposes. CD burners will be installed on
every ITS workstation.
Call Detail Record Storage: System will be configured to provide a two years
accessible from the on-site or central server.
Storage Management: System will provide automatic deletion of call attempt
recordings exceeding 60 days.
Hard Drive Recovery: System will be configured with the ability to contain a
duplicate copy of all completed recorded calls less than 31 (thirty-one) days and
or all locked recorded calls, in the event of a complete failure of the RAID
Array.
Live Monitoring: System will monitor calls active within the System platform.
Authorized users can monitor active calls from any workstation on the network,

Page 5 of25

on the LAN and the WAN. Numbers which have been blocked from call
recording, such as pre-approved attorney numbers, will not be sUbject to live
monitoring.
• Grouping: Authorized users will have the ability to organize inmate account
information by PINs into groups to enable profiling, tracking and controlling the
account/PIN if desired.
• CDR or Web Browser, as applicable: Authorized users will be able, Ad Hoc, to
query call records and bum CD's of call recordings by facility, imnate(s),
telephone numbers(s), living unites), inmate phone set(s), specifying range of
dates, etc.
• Automated Attendant: The System platform will be completely automated and
will not require the use of a live operator.
• Voice Scripting/Languages: The system will be configured with the option to
play voice message announcements in English or Spanish to the imnate, to the
called party, or to both. Additional language options will be added if they are
available or as they become available as both parties agree.
• Generic Blocking: The system will block all generic numbers such as 911, 411,
etc.; 800, 888, 866, 877 or other toll free numbers; NPA specific; NPANXX
combination, 10XXX and any other numbers and ranges as required.
• Branding: Prior to call acceptance, the system will automatically play to the
called party the recording of the irunate name and lUillounce the call is from a
Colorado Correctional Facility. The specific facility will not be identified. The
system will then play to the called party the required FCC recordings stating
who the service provider is, what number to dial to get the cost of a collect call
and how to block thesc calls. The announcement recording will also state that
all calls except 90-series attorney calls (90-series attorney calls are unmonitored
and unrecorded) are subject to monitoring and recording.
• Recording and Monitoring Warning/Voice Overlays: all calls, cxccpt
unmonitored and unrecorded attorney debit calls, will be announced to both
parties that the call is, except for 90-series attorney calls, subject to monitoring
and recording. Randomly during the call, at intervals determined by the CDOC,
no more than three times in a 20-minute phone call, an overlay announcement
will advise the call originates from a Colorado Correctional Facility.
• Incoming Calls: The system will block all incoming calls.
• Caller ID: An originating ANI will be associated with all lines to allow calls to
persons with unidentified-caller-type blocks.
• Answer Supervision: The system will provide answer supervision to allow the
system equipment to detect when an outbound call is answered by the called
party or answering device.
• Called Party Requested Call Blocking Feature: The system call announcement
recording will include an option to deny, accept or block all future imnate call
attempts to the number. If the called party selects the call block option, the
system will provide the called party with a toll-free number. This toll-free
number will be to the Contractor who will provide an operator to block collect
Dr all calls to the number. This will not affect the owner of the telephone from
receiving general collect calls.

Page 6 of25

•

Call Scripting: CDOC will detennine and approve the scripting to be played to
the inmate and the called party. Scripting will include any FCC, or other
governing agency, required announcements/features, etc. Changes will be
worked in good faith with the CDOC. See paragraph H., below.
Electronic Shutdown: System will be programmed to allow authorized users to
disable the phone system by facility or facilities, living unites), phone set(s), or
inmate phone account(s) from any system workstation via a software defined
"cut-off' or "cut-off after current call" feature in the system. The only
exception is facilities utilizing the Focus system, only Focus system
workstations (located at the Focus installed facilities, Admin HQ, CDOC HQ
[Inspector General's office and the Private Prison Monitoring Unit] or any
future location of Focus required workstations).
Pre-Programmed Shutdown: The system will be programmed to allow for
system-wide or facility or living unit/phone set specific on/off time periods for
all inmate phones. This feature will allow for on/off time period in 3D-minute
increments by days of the week as well as holiday, stalting at 00:00 hours
through 23:59 hours.

Specific ITS Features. In addition to the features stated above, the system
will include at a minimum any and all features, tasks and reports, currently
being utilized at the time of this Contract:

ITS Features:
To include all features currently being utilized:

•

•
•
•
•
•
•
•

•
•
•

All transactions are sent to the main server at CDaC Admin HQ
and VAC server, then replicate back to the site, then replicate to the
back up server
3-way Call Detect (flags call)
Extra Dialed Digit Detect (flags call and cuts-off if more than
allowed number [4] is detected)
Approved attorney numbers not subject to live-monitoring or
recording
Call Branding (all calls announced as coming from a Colorado
correctional facility)
Random Overlay Call Branding, at intervals determined by CDOC
Warning that call has I-minute and then 3D-seconds remaining
The time used for call setup and any call recordings are not
included in the active time of the call that the inmate or the called
patty must pay for or are allowed
Call prompts for inmate and/or called party can be set for English
or Spanish, or any currently available language option
Inmate name recording stored in the on-site equipment
Inquiry: inmates may check their debit balance or cost of their last
debit call
Page 70f25

•

•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

•

Calls require positive acceptance on debit as well as collect calls,
except for 90 series pre-approved attorney debit calls as designated
byCDOC
All inmate access to the anonymous incident reporting line 800
number, without cost, recording
or call record (to meet Federal PREA requirement)
Network Analyzer at CDOC Admin HQ
Back-up of primary server at CDOC Admin HQ
Redundant Server at CDOC HQ
Real-time deduction of debit call costs
Minimum allowed call 3-minutes, or any minimum time
determined by CDOC
Frequently Dialed Number Reports
Staff user permissions, also allows CDOC Inspector General's
office to manage the user accounts
Calls, recordings or live, available on the LAN or across the WAN
Call recordings can be stored or burned to CD, for investigative or
court use
Inmate accounts available on the LAN or across the WAN to
approved users
Tum phones off and on remotely by approved users
Remote system user administration
Monitoring of network (servers, routers, switches, etc) remotely
All call processing recordings and prompts
Call announcement and carrier identification (as required by FCC,
PUC, etc)
o
Call cost quotes including applicable fees and taxes, etc. (as
required by FCC or other governing agencies)
o
Number for citizens to call to block their number from
inmate(s) calls
o
How to accept the call, how to decline the call
Real Time movement of accounts and application of
deposits/withdrawals
RAD. Remote Access Dialing, feature available currently only on
Focus that allows calls to made through the ITS from any location
by authorized users utilizing the proper access codes, to
determine/resolve/test functionality or other ITS issues.

ITS Tasks:
To include all features currently being utilized:
Inmate Account Features/Controls:
•
Create/update inmate phone accounts
•
PIN auto-generated

Page 8 of25

•

•
•
•

•

•
•
•

•

Ability to:
o
Change PIN
o
Change CDOC #
o
Alert
o
Suspend
o
Suspension beginning and Ending Daterrime auto-applied
Select inmate heard prompts/recordings to play in English/Spanish
Comments Field, 250+ characters
View History (calls, deposits, withdrawals, transfers, releases,
suspensions, inquiries, running account balance)
o
Sort by Ascending/Descending
o
Select Display MonthlYear
View Call Records (calls, call types, duration, charge, call result,
Alerts)
o
Sort by Ascending/Descending
o
Select Display MonthlYear
Telephone List
o
Enter, delete or change speed dials and numbers
o
Remove disallowed numbers (victims, staff, etc)
o
Allow Debit or Collect
o
Alert
o
RecordlNot Record for approve attorney numbers
o
Comments
o
Called Party Language (English or Spanish)
o
Allowed Extra Dialed Digits (to negotiate attorney
automated attendants)
o
Allowed Active Telephone Numbers
o
Allowed Maximum Active Telephone Numbers
o
Allowed Declined Calls
Call Limit Status
o
Number of Allowed Collect/Debit Calls, Minutes and
Inquiries by WeekIMonth
Telephone Assignment (restricts inmate use by telephone set)
Access Control
o
Inmate Class of Service (allowed calling levels)
o
Call Schedule (allowed calling days and times)
o
Require Approved List
o
Allow Special Number List
o
Use Call Branding
o
Use Intermittent Message
o
Allowed Maximum Telephone Numbers
o
Allowed Inquiries
Cantcen Controls
o
Not currently in use, with prograrmning would allow
inmatcs to make purchases/withdrawals through Inmate
Banking
Page 90f25

Multiple Telephone List Update:
•
Update speed dial list
o
Add, change or delcte phone numbers and/or speed dials
o
Comments
o
AlIowlDisallow Debit or Collect
o
Alerts
o
Allow Extra Dialed Digits

o
o

Record~otRecord

Allowed number of Active Telephone Numbers

Automated Deposits:
•
Downloads phone time purchases from CanteenlDCIS
o
Applies deposits at the inmate's current location
o
Prints report of iurnates who do not have active accounts for
manual deposits/credits
Manual Financial Transactions:
•
Manually applied deposits or withdrawals (Real Time)
•
Transfer accounts between facilities (Real Time)
•
Release (inactivate) imnate accounts (Real Time)
EnablelDisable Telephones:
•
Turn off/on imnate phone sets by set, multiple sets, living unit or
units, facility
•
Option to Disable After Current Call or Cut-Off
•
Reset Inmate Name Recording
View Calls in Progress:
•
Shows calls currently in progress at selected facility (Alerts,
CDOC, Name, Duration, Set, Line, Number)
CDR Browser (System 100) or Web Browser (Focus):
•
Used by Intel and Investigators for archived call
monitoringlrecordinglburning calls, etc.
System Administration:
•
Class of Service Maintenance, multiple Classes of Services can be
created, changed, deleted
o
Imnatc COS
o
Allowed Debit and/or Collect calls by Day, Week or Month
o
Allowed Minutes Between Calls
o
Maximum Minutes Per Call
o
Maximum Declined Calls
o
Allowed Inquiries
o
Canteen Controls (not cUiTently in use)

Page 10 of25

•

•
•

•

Telephone COS
o
Call Schedule (Days ofWeekITime)
o
Holiday Schedule
Living Unit Maintenance
o
Create, Change Delete Classes of Service by Living Unit
Telephone Location Maintenance
o
Assign phone set name, living unit, location, record channel,
Phone COS, Holiday Override
Facility Telephone Number Control
o
To manage telephone numbers from being called from that
facility
o
Can select Block, Debit, Collect, Maximum Number Digits,
Alert, Number of Days, Comments, International
System Wide Telephone Number Control
o
To manage telephone numbers from being called by any
CDOC facility
o
Can select, Block, Debit, Collect, Maximum Number Digits,
Alert, Number of Days, Comments, International
Facility Default Maintenance
o
Assign facility default (debit, collect, class of service,
originating ANI, language, Alert, Extra Dialed Digits,
Maximum Allowed Numbers

User Administration:
•
Security Level Access (available by user permissions)
o
Creates/assign security levels to view, add, change or delete
by selected features
•
User Alerts (available by user permissions)
o
Creates Alert User Levels

G.
Contractor Provided System Components. The Contractor will provide all services,
hardware, software, maintenance and features that are currently part of the CDOC ITS, and any
additional components that would be needed to provide the no less than same quality and quantity of
service, to include but not limited to:
•
•
•
•
•
•
•
•

Network and all associated hardware
T-1's and phone trunks as necessary
Analog lines as necessary
Adtrans T-I, where applicable
LARSCOM, if applicable
Main and back up servers and servers at all sites
Trouble ticket manager (single point of contact for repair and development)
Colorado Customer Service Center (citizen contact for collect calling
issues and block requests)

Page II of25

•
•

•
•
•
•
•
•
•
•
•
•

VAC System 100 or Focus ITS
phonc sets, phone set maintenance, including TTY units and cordless
phones, type and number of all types of sets determined by CDOC in good
faith with the Contractor
Local, IntraLata, InterLata, InterState, InterLata IntraState and
International calls
Workstation (administrative, monitoring and investigative PC's),
accessories and printers
Upgrade of fifty (50) ITS workstations
A project manager and three in-state technicians
Call validation and LIDB
Anonymous Incident Reporting Server (See Section 0., below)
All Collect call management (billing, collections, blocking, etc)
Direct Bill service for citizens with unbillable phone numbers
Call Blocking service for citizens
V-Connect

System Scripting

Contractor will provide and maintain all ITS scripting as required by the Contractor, CDOC, the
FCC and any other governing agencies. Any scripting currently part of the ITS at the time of this
contract will remain in place, regardless if it is listed here or not, and will not be altered without the
written consent of the CDOC. Any scripting that is applied to any new or expanded facilities,
including the four privately-managed facilities to be installed, will conform to the scripting in place
at all DOC facilities. The Focus version of the ITS offers some additional scripting options.
Scripting will offer no less than the following:
1.
2.

•

•
•
•
•

•
•
•

•

Imnate goes off-hook, receives dial tone
Imnate inputs DOC number, PIN and one of the speed dial numbers assigned to the
inmate's phone account
If no response within 30 seconds for any prompt, the system will error out, retum to
dial tone and erase recorded file
<TONE>
The system will create a recording no later than when a call goes out on a hunk
If an invalid eDOC number, PIN or speed dial is entered, the system prompts
"The PIN you have entered is invalid. Please hang up and try your call again."
The system plays the same recording in Spanish.
<DISCONNECT SIGNAL>
If information entered is correct, the system prompts:
"For a Debit call dial I, for a Collect call dial 2"
The system will then play this same recording in Spanish
Ifthis is the first time an inmate is attempting a call on this call processing unit, the
inmate would be prompted:
"At the tone please state your name"
<TONE>

Page 12 of25

•
7.
•
•
8.
•
9.
•
•
•
•
10.
•
•
•
11.
•

12.
•

•

13.

13.
•

If the infonnation entered is correct, the name recorded, sufficient funds are available
for a minimum 3-rninute debit call OR the called number validates as good for
collect, the system prompts:
"Your call is being processed"
For a Debit call, if the inmate has insufficient funds, the system prompts:
You have insufficient funds to place this call"
<DISCONNECT SIGNAL>
For a Collect call, if the called numbcr does not validate as good for collect the
system prompts:
"This number you are calling is blocked by (Contractor name)"
Other possible blocked call scripting:
"The number you have called is blocked by the correctional facility"
"Your phone account has been restricted by the correctional facility"
'The system is not available for debit (or collect) calling. Please try your call again
later."
"Your PIN is already active"
Once the call has been delivered to an out-going trunk, but the call does not
successfully counect, the inmate may receive one of the following responses:
"Your call has not been answered, please try your call again later"
"Your call cannot be completed as dialed. Please check the number and dial again"
"All lines are busy. Please try your call again later"
If the system detects the called party did answer a debit call, the system prompts the
called party:
"VAC. Except for 90-series attorney calls, this call maybe monitored or recorded. I
have a prepaid call from
(plays inmate name recording) at a Colorado State
Correctional Facility. To accept dialS and wait for connection, to refuse hang up."
If the system detects the called party did answer a collect call, the system prompts
the called party:
[Local or IntraLata] "VAC has a collect call for you. Except for 90-series attorney
calls, this call maybe monitored or recorded. I have a collect call from
(plays
inmate nanle recording) at a Colorado State Correctional Facility. If you \\~sh to
accept and pay for this call dial 5 now. If you wish to block any future collect calls
dial 7-7. To refuse this call, hang up.
o If 7 is pressed, the system prompts the called party:
• "Are you sure you want to block future calls of this type from this
inmate'? Dial 6 to confinn."
[InterLata or InterState] in addition to the above Local and IntraLata collect
recording, the system will also prompt the called party to "to hear the cost of this call
by 8 now". Or whatever is required to meet FCC and any PUC requirements.
Once the call has been answered and the system prompts begin to play, the inmate
and called party will be unable to hear each other until the called party presses 5 and
the call is connected. Both sides will be able to hear the system prompts.
Every six to eight minutes, but no more than 3 (three) times per call, to be determined
by the CDOC, the system plays a random overlay recording:
"This call is from a Colorado State Correctional Facility"

Page 13 of25

14.

•

At 1 (one) minute and again at 30 (thirty) seconds before the call will tenninate, the
system will prompt both the inmate and called party:
<TONE> or "you have one minute remaining" and/or "you have thirty seconds
remaining".

I.
Service and Maintenance. For overall ITS maintenance, Contractor will provide three
full-time on-site technicians as well as a full time project manager. If necessary, Contractor will
subcontract with other Contractors to provide service and maintenance, with CDOC's approval
which will not be unreasonably denied. On-site technicians will be officed out of the CDOC rTS
Admin HQ office in Canon City and will work at the direction of the CDOC ITS Coordinator, or
designee. Contractor will act as the CDOC's single point of contact for all service and maintenance
issues related to the ITS, regardless of the responsible subcontractor or carrier.
On-Site PersonnellSecurity. Each Contractor employee or subcontractor employee
assigned to provide on-site support of the ITS will be required to have and pass a background check
by the CDOC. Contractor understands that upon any such person(s) entering a CDoe or privatelymanaged correctional facility, additional security screening will/maybe required. Contractor further
understands that eDoe reserves the right to approve, disapprove, or suspend an individual's
security clearance at any time. Any Contractor employee or subcontractor must meet any dress code
requirements and follow all CDOe rules and regulations at all times.
J.

Contractor will provide a complete list of the technicians, supervisors, and managers who will have
the responsibility of supporting the ITS. The list will be kept up-to-date and CDOC will be notified
of any changes within twenty-four hours and at least forty-eight hours prior to entry of any new
personnel.
Contractor understands that the CDOC reserves the right to reject any Contractor employee or
subcontractor employee which may be considered for any part of this contract. Contractor
understands the CDOC may reject any contractor employee or subcontractor employee without
cause.
Contractor understands that eDOC policy requires that all pennanently assigned maintenance and
ITS equipment personnel who will be working within the correctional facilities of the eDOC and the
privately-managed correctional facilities are required to attend and pass the CDoe basic traiuing
course. Maintenance and ITS equipment repair personnel, who are not permanently assigned but are
subcontractors serving as the designated repair persons, will apply for and obtain a eDOC
Contractor ID.

K.
Contractor Maintenance Responsibility. Contractor, and any subcontractors, is
responsible for the following:
•

Providing all necessary labor, transportation, parts, tools, installation, movement and
materials to maintain the ITS, including telephones, TTY units, cordless phones, the
complete system call control, recording, monitoring equipment and platform, lines,
circuits, frame relays and any associated hardware or software, or any other necessary
component of the ITS. All ITS telephones and associated equipment will be

Page 14 of25

maintained in such a manner that they are in good working order as well as in
compliance with the manufacturers' specifications and any preventative maintenance,
and sufficient telephones and associated equipment to provide the ITS service and
meet ADA requirements.
•

Prior to any work to be performed either on-site or remotely, Contractor will
coordinate the schedule and plan with the CDOC ITS Coordinator or designee, or
CDOC BT-Communications on-call duty officer.

•

Contractor will maintain and warehouse, at a central location in Colorado, an
inventory of spare parts for each component ofthe ITS. If a necessary repair
component cannot be obtained from the in-state inventory, Contractor will locate the
necessary component and have it shipped priority overnight.

•

CDOC will maintain all inside and outside plant cable within CDOC facilities to
support the ITS platform equipment and the imnate telephones. Privately-managed
correctional facilities will maintain all inside and outside plant within privately
managed correctional facilities to support the ITS platform equipment and the imnate
telephones.

•

All Contractor technical, technical support and account management personnel will
carry a cellular phone and pager. All Contractor permanently assigned technical staff
will carry cellular phones and pagers that are compatible with the CDOC; the CDOC
will handle the purchasing and payments for the cellular phone and pager equipment
purchase and monthly statements, to be reimbursed in full by the Contractor upon the
Contractor's receipt from the CDOC of paperwork requesting payment.

•

The Contractor will utilize a technical support center which will remotely and
constantly monitor all functions of the ITS, proactively reporting and responding to
any observed issues. The CDOC and Contractor in-state technicians will be kept
advised of any ITS issues.

•

Any and all ITS upgrades necessary to maintain functionality, repair problems, meet
FCC or other governing agency requirements or implement software changes.

•

The Contractor will submit a Software Change Notice (SWCN) to the CDOC for
prior approval for any software changes or modifications made to the ITS. SWCN's
will be completed by the Contractor, stating the problem to be corrected, the
anticipated result if the SWCN is not completed, the estimated dates of
implementation and places for signature ofthe CDOC responsible person (imnate
phone system coordinator or designee).

•

Call scripting is accurate, appropriate and current.

Page 15 of25

L.
Trouble and Maintenance Reporting Processes. Contractor will provide the coac with
toll-free access to the Contractor's trouble reporting center. The trouble reporting center will be
operational 24 hours a day, 365 days a year. The trouble reporting center will be responsible for
receiving reports of trouble, notifYing the appropriate repair center or person, escalation as necessary
and providing updates to the coac ITS Coordinator or designee. See Table L-3-1 for trouble ticket
priority and response times.
Contractor will provide the coac with a technical support team to constantly monitor the
performance and functionality of the coac ITS, along with any associated systems, call processing,
circuits, frame relays, etc., to ensure optimal performance. This includes the technical support and
trouble reporting center accepting incoming service requests to ensure that all requests for service
are immediately responded to and resolved appropriately with minimal impact.
Upon being contacted by the coac or Contractor technician, the trouble reporting center will open
a ticket. Reports can include, but are not limited to, reports of system or call processing
malfunctions, requests for site visits, preventative maintenance requests or scheduling, site surveys,
or moves, adds and changes. The trouble reporting center will then dispatch the appropriate area or
team member to either resolve the issue remotely or on-site. The trouble reporting center notifies the
account/technical manager of all issues with the ITS. If the issue cannot be resolved remotely andlor
on-site assistance is necessary, the necessary staff or equipment will be dispatched to the coac
location. Maintenance technicians are available 24 hours a day, 365 days a year.
The trouble reporting center or Contractor technician addressing the trouble ticket, will immediately
respond back to the customer acknowledging receipt of the issue. The trouble reporting center will
keep the customer advised of the status ofthe ticket. Response times and reporting times will be
dependant on the priority of the ticket. Access to any facility will be coordinator through the coac
ITS Coordinator or designee, or the BT-Communications on-call duty officer.
It is understood that CDaC's persOlmel may on occasion contact or submit requests for service
directly to the Contractor's subcontractor(s), if any are utilized by the Contractor, but coac must
also contemporaneously inform the Contractor's trouble reporting center of all such service issues
and requests.

Escalation
If coac or the Contractor determines escalation of an issue is required to resolve an
issue, including inadequate response to service calls, frequent repetition of the same
service problem and/or inadequate repairs to the ITS. coac may contact any
member of the Contractor service and management team if it wishes to express a
concern or discuss an issue.

Contact List for the VAC Customer in Regards to any
TAC Related Issues
For matters regarding a technical nature:

Page 16 of25

1. TAC - The Standard (24-7) Access Lines (Should always be called first)

:==:::

Phone
Phone E
2. Bernadette Hagemier - TAC Manager

•••
Vice-~ent
-==:::~•••

I:=:::~ . 7 -

Phone
Email:
3. Fred Kesterson - TAC
Phone
Email

For matters regarding a service or business nature:
1. Toni Long - Service Manager

a:====~.

Email: •
Phone
2. Brian Galke - Service Director

••

'===:::::~

Phone
Email: •
3. Mark Turner - President
Phone
7
Email:

Contractor Trouble Reporting Center
As referenced throughout this section, the Contractor will utilize a trouble ticket
management system accessible to the CDOC by phone or email. The trouble
reporting center will maintain the following but not limited to: list of facilities,
facility point of contact and call back numbers, Contractor technicians/account
management personnel assigned to this account, escalation contact list, CDOC BTCommunications on-call duty officer contact numbers, circuit ID numbers, Qwest
ANI numbers and any subcontractor or service provider contact numbers.
The trouble reporting center will utilize a trouble ticket management system which
will contain information to report, track and produce reports of trouble issues.

Page 17 of25

Priority Levels.

Table L-3-1. Priority Levels Description:

PRIORITY
LEVEL

CLEARANCE
OBJECTIVE

DESCRIPTION

Priority I
(Major Emergency
Service Request)

4 business hours

The highest priority level, this classification
indicates a loss of service, or serious
impairment to service, which cannot he
circumvented. Examples:
• Circuit outages
• Location has loss of service affecting
greater than or equal to 20% of total
service
High error rates or disconnected calls
• Inability to complete calls to or from a
particular location
• Failure of a local or remote processor,
its common equipment or power
supplies which render the system
incapable ofperforming its normal
functions
• Failure of the recording equipment or
any of its components
Failure of20% or more of the inmate
telephone at anyone area within a
facility
• Failure of the ITS functions that result
in the ability of inmates to place calls
without use of PINs or to reach a live
operator

•

Priority 2
(Routine Service
Request)

8 business hours

Priority 3

72 business hours

MAC (Move-AddChange)

IBD

Service-impacting events not classified as
Major Outages. Examples:
• Location has loss of service affecting
less than 20% of total service
• Failure ofiess than 20% of the inmate
stations in anyone area within a
facility
Indicates a non-service affecting issue such as
an informational ticket or a ticket opened for
monitoring circuits with no current
impairments
Requests for moves, adds or changes to the
ITS at any location
Page 18 of25

Tickets are also used to identify recurring service issues reported against the same
service element. A recurring service issue is defined as "chronic" when three or mote
tickets are opened on the same service element within a rolling, 3D-day period.
Once identified, a chronic ticket is opened to address the issue to determine its root
cause. This activity may involve extensive testing, review by a second level support
group and other actions deemed appropriate to ensure resolution. The Contractor is
responsible for coordinating this analysis. When necessary, a Contractor meeting
maybe scheduled if the issue may involve more than one service provider of the ITS.

4.
Remote Diagnostic and Proactive Monitoring. The ITS will be configured
to provide for proactive system and performance monitoring. The Network Analyzer
is a read-only access application that monitors the 'real-time' status of the WAN and
certain ITS applications. Network Analyzers will be located at the Contractor's
technical support center as well as at the CDOC ITS Admin HQ in Canon City,
Colorado.
If a malfunction occurs, the proactive monitoring system will notify the Contractor.
After notification a Contractor technician will remotely access the system via the
WAN or dial-up modem to investigate and correct the malfunction. If the trouble
carmot be corrected remotely, the Contractor will dispatch the appropriate tedmician
to the site where the malfunction is occurring.
The Network Analyzer will provide a screen shot of Ping, Connection and Replicator,
as follows:

Ping: The ping is the physical connection to the machine. A 'P' identifies the ping
column, which is the first column of boxes. Green boxes in this colwnn indicate that
the connection from the COF in Canon City to network nodes is functioning properly.
A red box in the 'P' colunUl indicates an outage at that particular facility; therefore no
connection has been established.
Connection: The connection the link to the database. A 'c' identifies the
connection column, which is the second column of boxes. Green boxes in this
column indicate that database access for each site server has been established. If
there is a site row that has a red box in the 'c' column, this indicates no database
access is available for the site.
Replicator: The replicator accesses the count of records located in the XACTION
Tables. The replicator has two designated field, the 'R' identifies the replicator
column, which is the third column, and the blue numbers immediately to the right of
the third column. The blue number is thc 'real time' count of records for each site.
Green boxes in this column indicate that the replicator is active and operational. A
yellow box indicates a warning to the user that a large volume of records are being

Page 19 of25

created and could cause a backup if the count on the "Tbm-Put" graph does not
decrease. A red box indicates that there is a problem with the replicator. If the box in
this column is not green for a site, the blue number is not a valid record count.
M.
Disaster Recovery.
Contingency Plan.

Contractor's will develop and maintain a Disaster Recovery and

N.
ITS Implementation Plans and Schedules. The Contractor will ensure all circuits and lines
are assigned to the Contractor. The Contractor will ensure any equipment required by the ITS and
this Contract is installed, tested and fully fimctional by the contract effective date at the existing
CDOC and privately-managed correctional facilities.
The CDOC will provide the data network, either on the CDOC WAN or by VLAN. The BTConununications Network Manager will liaison with the Contractor network staff to ensure full
fimctionality and network protection.
Each workstation will consist of the PC, minimum 17" monitor, CD Burner, speakers, headset or
cordless headset, mouse, keyboard, printer and any necessary software and license required for
access to the ITS.
The Contractor will submit to CDOC for coordination and scheduling an implementation plan for
ITS at the privately-managed correctional facilities not currently on the ITS (Bent County, Kit
Carson County, Crowley County and Huerfano County Correctional Facilities). Installation of ITS
at the privately-managed correctional facilities will be completed by the following schedule:
Kit Carson Correctional Facility
Bent County Correctional Facility
Huerfano County Correctional Facility
Crowley County Correctional Facility

11/27/06
12/04/06
12/04/06
12/11/06

The equipment necessary to support additional or expanded CDOC sites and privately-managed
facilities outside of this Contract, will be incorporated into the Contract as mutually agreed upon by
CDOC and the Contractor. Call scripting at any newly installed privately-managed facilities will be
the samc as the call scripting for CDOC facilities.
REPORTING. The ITS and workstations have been configured by user permissions to
O.
provide DOC with the ability to generate real time reports for investigative and management
purposes.

1. ITS Reports
All Reports allow selection by user offacility or facilities, All Inmates, Selected
Inmate or Inmates, Active or Inactive Inmates or Both, Start/Ending range of
DateslTimes, Print or Preview, completed calls or attempted calls or both, debit or
collect or both, Wild Cards can be used. To include but not limited to:
Financial:

Page 20 of25

•
•
•
•
•
•

Call Refund
Daily Call Charges
Facility Debit Balance Report
Financial Transaction Report (deposits, withdrawals)
Inmate Deposit
Reconciliation Report (used monthly to provide inmates with accounting of
debit transactions, used daily to verify no outstanding balances or calls
prior to releasing inmate accounts, also functions as "true-up" for all
inmate accounts by perfonning a reconciliation of all accounts)

Maintenance:
•
City by NPA-NXX Search
•
Local Exchanges
•
Non Area CodefExchange Attempts
•
Percentage Grade of Blocking
•
State by NPA Search
Investigative:
•
Account Telephone Number List
•
Alert Notification
•
Approved Telephone Numbers (active numbers on a list or lists)
•
Call Detail, will contain at a minimum:
•
Inmate CDOe ID number
•
Originating telephone station
•
Time of call
•
Trunk, line or station
•
Date of call
•
Duration of call
•
Telephone number called
•
Call completion code
•
Cost of call, if debit
•
Calls From PIN Not at Facility
•
Chronological List of Calls
•
Currently Suspended Telephone Accounts
•
Extra Dialed Digits
•
Facility Blocked Telephone Numbers
•
Inmate Directory
•
Inmate History
•
Inmate Transfers
•
Invalid PIN Attempts
New Inmate(s)
•
•
Quantity of Calls Placed
•
Quantity of Minutes Placed
•
Released Inmates

Page 21 of25

•
•
•
•
•
•
•
•

Speed Dial Search (search for numbers called)
SystemWide Blocked Telephone Numbers
Telephone Numbers Called by More Than One Inmate
Telephone Numbers Listed in More Than One Account
Telephone Number Usage (by telephone number)
Toll Free Numbers Called by Inmates
Toll Free Phone Numbers on Inmates List
3 Way Call Detect

2..
Reports Generated by the Contractor, Available to CDOC on Demand or by
CDOC Pre-determined Schedule.
On-demand reports will include but not limited to:

•

Monthly Revenue Reports: Reports listing for a specified period by facility, call type,
duration and cost. The Monthly Revenue Reports will be sent to CDOe by call type:
debit or collect, and by carrier (if more than one). These reports will include the debit
and collect call costs. These reports will have the option to provide CDaC with a
breakdown by facility by day as well as a summary report. The summary reports will be
provided to eDae within 7 days of the end of the month to be reported. This report will
correspond to the billing tapes sent to the Contractor by any telephone carrier associated
with the eDae inmate phone contract. This report will include an average, by call type
and by carrier as applicable, for each call type, of revenue, number of calls and duration.

•

Debit Sales by eDOe Report: Summary of debit call revenue generated by facility or
facilities. The report ",-ill contain fiscal year average inmate population, total debit
revenues and annualized average total debit revenue per inmate. The report will contain
revenue, annualized average revenue per inmate and number of active inmate accounts
with no debit activity during selected period for each debit call type (local, long distance
and international).

•

Cumulative Usage for Fiscal Year Report: Report, for each call type (debit and collect;
local, long distance and international) of percentage of total call minutes, with totals and
averaged for each.

•

Frequently Dialed Number Report: Report detailing by debit or collect or both, phone
numbers called with parameters settable to date range and number of calls, showing
facility. number of calls, number of minutes and total cost.

3.
Ad Hoc Reporting.
In the event that eDOC requires any additional reports, the Contractor agrees to consult with
eDOe, in an effort to meet these additional requirements and requested information.

Anonymous Incident Reporting Server. The anonymous incident reporting server is an
interactive voice mailbox-type server to be designed to the specifications of the eDae Inspector
General's office for Interdiction/Crime ReportinglPrison Rape Elimination Act. Server must allow
anonymous from Dae inmates as well as the public utilizing by a toll-free number provided by
Page 22 of25

COOC. COOC inmates will be able to call the anonymous incident reporting server from the ITS;
no call record or recording will be created; there will be no cost to inmate for calls to anonymous
incident reporting server. Inmates will be able to leave a one-time message or inmates will have the
option to create a PIN to be able to leave and retrieve messages from the Inspector General's Office
(IGO) authorized staff. Workstations, as necessary, will be provided for authorized staff to access
the anonymous incident reporting server. The Contractor shall provide all necessary hardware and
software; COOC shall provide the in-house wiring and the toll-free number.
1.

Server and Associated Hardware and Software. Contractor shall determine and
provide the server and any associated hardware and software necessary to provide the
anonymous incident reporting server at the CDOC Headquarters office in Colorado
Springs.

Workstations. Contractor shall provide workstations and any required software
licenses for IGO authorized staff to access the anonymous incident reporting server.

Training. Contractor shall provide training necessary for Contractor on-site staff to
be able to maintain the server and software. Contractor shall provide training for the
IGO staff authorized to access the server.

Site Location, Wiring and PBX Connectivity. COOC shall provide the
location at DOC Headquarters office in Colorado Springs, any necessary in-house
wiring, the toll-free number and the connectivity to the staff phone system.

Server Scripting. Scripting will be as follows. Changes will be made as
necessary to meet COOC requirements, format, volume or quality.
Step

Step

1.
Receive an incoming call
1. I Get and check the DNIS.
1.2
"Press one for English, (in Spanish) press two for Spanish."
1.3
Play either English or Spanish for all prompts below
1.4
If the call is from Inspector General Office (!GO), go to step 6.
2.
Play greeting:
"Thank you for calling the Colorado Department of Corrections Prison
2.1
TIPS. All interactions you have with this system are completely
anonymous. This system is for past and on-going criminal activity. It
is not designed for grievance issues. If you have a grievance issue,
follow the designated procedure for those complaints. If your feel your
situation is an emergency, contact a staff member immediately."
3.
Play main menu:
3.1
"Main menu: Please listen to all of the following options:
"Ifyou
are calling to leave a one-time tip press 1 (go to step 4)
3.2
"If you are calling to leave a TIP and interested in receiving a response
3.3
from your information, you must open a voice mailbox for messaging
between you and the Inspector Generals Office. Please have a pen and
paper available and press 2. (go to step 5)

Page 23 of25

3.4

"If you are calling to check an existing voice mailbox please have a
pen and paper available and press 3" (go to step 6)
If pressed 0, repeat this menu.
3.5
3.6
Otherwise, go to step 8 to exit.
Step 4.
Inmate leaves one-time message:
4.1
"You have chosen to leave a one time message. Leave a clear and
concise message with as much detail about the crime you are calling about.
You will have 3 minutes to leave this message. At the tone leave your
message when you are finished press #"
4.2
<Tone>
4.3
The system records and saves the message.
4.4
"The Department and the State of Colorado appreciate your help in
protecting all our families."
4.5
(go back to step 2)
Step 5.
Inmate opens a new mailbox:
5.1
"You have chosen to open a voice mailbox to leave your tip and
correspond anonymously with the Inspector Generals Office.
5.2
"If you wish to continue press 1"
"if not please hang up. " (go to step 8 to exit.)
5.3
5.4
The system generates and tells the caller the first available mailbox
and a random four digit pass code.
5.5
"To repeat, please press 1." (go back to step 5.1) repeatedly telling
the mailbox number and passcode).
5.6
"To continue, please press two."
5.7
"Please speak clearly and give as much information as possible about
the crime you are reporting. You will have 3 minutes to leave your
message. Please call back in and check your mailbox for messages
every 3 days. At the tone leave your message when you are finished
press #."
5.8
<Tone>
5.9
The system records and saves the message in the mailbox.
5.10 "The Department and the State of Colorado appreciate your help in
protecting all our families."
5.11 Go back to step 2.
Step 6.
Retrieve voice mails:
6.1
The system asks the caller to enter the mailbox number and associated
pass code. If the mail box exists and is active, the system retrieves all
new and saved voice messages left by the IGO, start from the latest
one. Then play:
"You will have 3 minutes to leave your message. At the tone leave
your message when you are finished, press #."
6.2
The system records and saves the message in the mailbox.
6.3
Go back to stcp 2.
Step 7.
IGO leaves message:
7.1.
The system asks 100 to enter the mailbox number to leave the tip
message.

Page 24 of25

Step

7.2. "At the tone leave your message when you are finished press #."
After the 100 leaves the message,
7.3. "To send this message to the mail box, please press one,"
Save this tip message into this mailbox. (go to step 7.4)
• "To review the message, please press two," (The system plays the
recording, and back to step 7.3).
• "To re-record the message, please press three," (The system deletes
this message and goes back to step 7.2).
• "To delete the message, please press four," (go back to step 7.4).
• "To skip the message when reviewing, please press zero." (The system
retrieves the next message).
7.4.
• "If you would like to record another message, please press one" (go
back to step 7.1)
• "Otherwise, please press two or simply hang up." (go to step 8 to exit)
8.
Terminate this call

Server Storage. Recordings will be maintained and accessible for the term of
the contract.

Server Maintenance and Support. The Contractor shall provide all maintenance
and repair. The Contractor shall provide any upgrades necessary to provide complete
maintenance and repair.
a.

All Anonymous Incident Reporting Server related functionality issues
reported to the Contractor will be considered Priority I Repair issues, unless
the CDOC determines otherwise.

Q.
V-CONNECT. Contractor will provide the V-Connect program which assists inmate
outside contacts with collect calling and billing issues.
1. V-Connect will be available to members of the public who wish to resolve collect billing

or payment issues by a Contractor provided toll-free number.
2. Contractor will supply sufficient staff and resources to provide customer service and
responsiveness to member of the public who need assistance.
3. Any issues CDOC may have with V-Connect performance will be addressed through the
Contractor provided Project Manager for this contract.

END OF EXHIBIT A

Page 25 of25

Exhibit B
OPTION LETTER
Exhibit
Date:

_
_

State Fiscal Year:

Option Letter No.

SUBJECT: (Please indicate purpose by choosing one of the following)
1 -Option to renew only (for an additional term)
2 - Change in the amount of goods within current term
3 - Change in amount of goods in conjunction with renewal for additional term
4 - Level of service change within current term
5- Level of service change in conjunction with renewal for additional term
In accordance with Paragraph(s)

of contract routing number (ill (Agency) (Routing

1tb between the State of Colorado, Oepartment of Corrections, (division name), and (contractor's
name) the state hereby exercises the option for an additional term of (Include oerformance period here)
at a cost/price speCified in Paragraph/Section/ProviSion
, AND/OR an increase/decrease in the
amount of goods/services at the same rate(s) as speCified in Paragraph/Schedule/Exhibit
The amount of the current Fiscal Year contract value is increased/decreased by ($ amount of change) to a
new contract value of ($
) to satisfy services/goods ordered under the contract for the
current fiscal year (Indicate Fiscal Year), The first sentence in Paragraph/Section/Provision
is
hereby modified accordingly.
The total contract value to include all previous amendments, option letters, etc. is ($

APPROVALS:

State of Colorado:
Bill Owens, Governor
By:

Date:

Executive Director
Colorado Department of Corrections
AbL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER

CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior
to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided.

State Controller

Leslie M. Shenefelt
By:
Date:

CO Contract with Value Added Communications 2006

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