Prison Phone Justice

CONTRACT AMENDMENT

I Ameadment #2

I Orlg!aal Contract CMS# 82140

I Amendmeat CMS #88542

This Amendment # 2 ("Amendment 2"), takes effect as of the date signed by all the parties listed in
this preamble ("Effective Date''), amends and revises that certain Original Contract CMS # 82140, dated July 29, 20 IS
as amended fiom time to time (the "Agreement"), by and between Global Tel•Link Corporation with an address of
12021 Sunset Hills Road, Suite I00, Reston, Virginia 20190 (hereinafter called "GTI." or "Contractor" or
"Company"), and the STATE OF COLORADO acting by and through the Colorado Department of Corrections, with
an address of Colorado Correctional Industries, 2862 South Circle Drive, Suite 400, Colorado Springs, CO 80906
(hereinafter called the "State" or "CDOC" or "Premises Provider") (Company and Premises Provider collectively, the
"Parties" and each a "Party"). All capitalized terms not defined herein shall have the definitions set forth in the
Agreement.
WHEREAS, the Federal Communications Commission ("FCC") issued its Second Report and Order and Third
Further Notice of Proposed Rulemaking in WC Docket No. 12-375 on November S, 2015 ("FCC Order"), which
mandated rates and charges for inmate telephone services, certain transaction fees, and other requirements; and
WHEREAS, the Parties have agreed to amend the Agreement in order to, among other things, recognize the FCC·
mandated rates, charges, fees, and other requirements, as further provided below.
NOW, THEREFORE, in consideration of the promises and covenants set forth in this amendment, and for good
and valuable consideration, the sufficiency of which is acknowledged by the Parties' signatures, the Parties agree as
follows:
(.

In accordance with Section 27.G.ii, the Agreement permits automatic modification of the Agreement upon
change of law or regulation. For the avoidance of any doubt, upon the date the rates, charges and fees
mandated by the FCC Order for prisons take effect, the rates and charges for interstate and intrastate inmate
telephone services ("ITS") calls and associated transaction fees ("Transaction Fees") set forth in Exhibit A to
the Agreement shall be deemed revised without further action by the Parties, and shall be implemented, as
follows:
lpmate Telephone Sen1cea.
Interstate and intrastate ITS calls, whether made using a collect, debit, prepaid/AdvancePay™ format: $ 0.11
per minute of use.

The rates charged are exclusive of taxes, and other amounts collected by Company on behalf of, or paid to,
third parties, including but not limited to payments in support of statutory or regulatory programs mandated by
governmental or quasi-governmental authorities, such as the Federal Universal Service Fee, and any costs
incumd by Company in connection with such programs.

Tnmactlon Feg. The Company may charge certain Transaction Fees in accordance with the following
amounts:
$3 .00 per use

Fee for automated payment for credit card, debit
card. and bill oroceasina fees
Fee for oavmant usina live onerator
Fee for paper bill/statement

SS.95 ner use
$2.00 per USC
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Global Tel•Unk CorJJOratlon

Fee for use of third-party money transmitter (e.g.,
MoneyOram, Western Union, credit card
processing, transfers from third-party commissary
accounts)

The exact fee from the third-party provider
passed through directly to customer with no
markup

Slggle-Pay BIU!gg Arraggements. The Company may permit consumers to purchase ITS on a collect call
basis through third-party billing llll'Bllgements that allow consumers to pay for a single ITS call using their
debit or credit card or to bill the cost of a single ITS call to their mobile phone account. When a consumer
chooses to pay for a single ITS call using either of these methods, the charge shall be any applicable
transaction and third-party provider fees and charges, plus the applicable ITS per-minute rate set forth above.
2.

Section 21 of the Agreement is hereby deleted in its entirety and replaced with the following:
"Assignment. This Agreement shall inure to the benefit of and be binding upon the Parties and their
respective pennitted successors and assigns, including but not limited, to any new administration or
head of Premises Provider. Neither Party shall assign any right and/or obligation under this
Agreement without the other Party's prior written consent, which shall not be Ullre8SOnably withheld
or delayed, except that the Company shall have the right to assign some or all its rights and/or
obligations under this Agreement at any time to any parent, successor (including an acqulror of all or
substantially all of the assets of the Company), subsidiary, or affiliate of the Company without the
consent of the Premises Provider; provided, further, that the Company shall remain liable for any
failure of any of its assignees to perform any assigned obligations. For the avoidance of doubt, a
merger involving (i) the Company or (ii) a permitted assignee of all or some of the rights and/or
obligations under this Agreement shall not constitute an assignment requiring consent of the Premises
Provider for purposes of this Agreement."

3.

The following new Section is hereby added to the Agreement as Section 27.T:
"Service Schedules. Any GTL Affiliate may sign in its own name a schedule for the delivery of
services ("Service Schedule"), and such Service Schedule shall be considered a separate, but
associated, contract incorporating this Agreement. For purposes of this Agreement, the term "GTL
Affiliate" means any entity that controls, is controlled by or is under common control with Global
Tel•Link Corporation."

4.

The last sentence of Section 111.b.ii of Exhibit B (Mobility Service), implemented in Amendment #I
(Amendment CMS# 86708) to the Agreement, is hereby deleted in its entirety and replaced with the following:

"Company shall work in good faith to supply educational content through the Tablets that is generally
suitable for the inmate population based on industry standards and Premises Provider requirements,
except, however, Company shall not be required, and Premises Provider shall assume, any cost of
delivering such content to inmates. Reference to the educational content delivery cost in excess of
$500,000.00 annually is hereby suspended until such time as it can be re-negotiated pending any new
FCC mandates or call volume increases which are determined enough to offset costs."
Reference to the educational content delivery cost in excess of $500,000.00 annually is hereby
suspended until such time as it can be re-negotiated pending any new FCC mandates or call volume
increases which are determined enough to offset costs.
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Global Tel*Unk CorporaHon

S. In the event of any inconsistencies between the terms and conditions contained in the Agreement and the tenns
and conditions contained herein, the tenns and conditions contained herein shall control. Except as set fonh in
Amendment I and this Amendment 2, the Agreement remains in full force and effect, without modification or
amendment. and is hereby ratified and conftmted. This Amendment may be executed in multiple counterparts.
each of which shall be an original, and all of which shall be one and the same contract. Original signatures
transmitted by facsimile or electronic mail shall be effective to create such counterparts. Each person whose
signature appears below warrants and represents that they have the requisite authority to execute this
amendment on behalf of the entity for which they are signing.

THE REMAINDER OF TIIIS PAGE INTENTIONALLY LEFI' BLANK

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Global ret•Unk CorporaUon

IN WITNESS WHEREOF, the foregoing Amendment bas been executed by the Parties, effective as of the latest
date listed below.
Company
Global Tel*Llnk Corporation
Jeffery B. Haidinger, President and COO

Premises Provider
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Corrections
Rick Raem~ Dlreelor

~RA14U~mc=By: Dennis Dunsmoor, Director

By: Joffi'oy B. Heidinger, President and COO
Date:

3 7 /I-

Date:

Colorado Correctional Industries
()

ALL CONTRACTS REQUIRE APPROYAL BY DIE SJ'ATE CONTROLLER
CRS §24-30..202 requires the State Controller to approve all State contracts. This Amendment ls not valid
until sl&ned and dated below by the State Controller or delegate. Contractor Is not authorized to begin
performance untll 1ucb time. It Contractor begins perfonnlng prior thereto, the State or Colorado ls not

obllaAtcd to oav Contractor for such oerformance or ror any Roods and/or servlcet provided hereunder.

STATE CONTROLLER
Robert Jaros, CPA, MBA, JD

ct

By:
L.__:__
Lenny Meniam, Controller, Delegate
Date:

J/rd,

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Global Tel•Unk Corporation