This text is machine-read, and may contain errors. Check the original document to verify accuracy.
CONTRACT AMENDMENT
Amendment # 1 Original Contract Routing Number: 07CAA00163
1. PARTIES:
This Amendment to the above-referenced Original Contract (hereinafter called
the Contract) is entered into by and between Value Added Communications. Inc
(hereinafter called "Contractor" or "VACI"). and the STATE OF COLORADO
(hereinafter called the "State") acting by and through the Department of
Corrections. (hereinafter called the "State or CDOC").
2. EFFECTIVE DATE AND NOTICE OF NONLIABllITY:
This Amendment shall not be effective or enforceable until it is approved and
signed by the Colorado State Controller or their designee (hereinafter called the
"Effective Date"), but shall be effective and enforceable thereafter in accordance
with its provisions. The State shall not be liable to payor reimburse Contractor
for any performance hereunder, including, but not limited to costs or expenses
incurred. or be bound by any provision hereof prior to the Effective Date.
3. FACTUAL RECITALS:
a. Pursuant to federal court order and Colorado Revised Statutes ("CRS t') § 1724-126 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
b. Since no state funds are obligated under this Contract it is exempt from the
State's Procurement Code; and
c. Required approval. clearance. and coordination has been accomplished from
and with appropriate agencies; and
d. The Parties entered into the Contract for the provision of Inmate Telephone
Services ("ITS"). VACI now desires to provide such services, subject to the
terms. conditions and provisions of the Contract, and to drive all of its revenue
under this Contract from charges made to inmates on a per-call basis. and this
change benefits the eDOe in that provides parity for the inmate phone pricing.
4. CONSIDERATION:
Consideration for this Amendment consists of the payments to be made
hereunder and the obligations. promises. and agreements herein set forth
5. LIMITS OF EFFECT:
This Amendment is incorporated by reference into the Contract, and the Contract
and all prior amendments thereto.
6. AMENDMENTS:
The Contract and all prior amendments thereto, if any, are amended as follows:
a. Section 4.1, RATES AND CHARGES: Per minute rates and per call
charges for allIn-State and Inter-State debit and collect calls, are set forth
below. These rates and charges are fixed for the term of the Contract,
including any extensions or renewals, unless otherwise agreed by the
parties. International rates are subject to change and are not set by this
Contract.
ITS COLLECT CALLS
PER CALL CHARGE
COLLECT CALL TYPE
RATE PER MINUTE
In-State
$2.75
$0.23 All Times
Inter-State
$3.95
$0.89 All Times
ITS DEBIT CALLS
PER CALL CHARGE
I DE~IT CALL TYPE
..
RATE PER MINUTE
-._-
In-State
$1.25
$0.13
Inter-State
$2.00
$0.13
7. EFFECTIVE DATE OF AMENDMENT:
Upon approval of the State Controller or their designee, the effective date of this
Amendment is July 1, 2008.
8. ORDER OF PRECEDENCE:
Except for the Special Provisions, in the event of any conflict, inconsistency,
variance, or contradiction between the provisions of this Amendment and any of
the provisions of the Contract, the provisions of this Amendment shall in all
respects supersede, govern, and control. The most recent version of the Special
Provisions incorporated into the Contract or any amendment shall always control
other provisions in the Contract or any amendments.
9. AVAILABLE FUNDS:
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.
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
*SPP 1. Persons signing for Contractor hereby swear and affirm that they
are authorized to act on Contractor's behalf and acknowledge that the State
is relying on their representations to that effect. *
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
CONTRACTOR
Legal Name of Contractor
By: Mark Turner
Title: President, Value Added
Communications, Inc.
By: Ari Zavaras,
Colorado Department of Corrections
/
~/
L~
- ////J.
~
-;<-/YJ"pt
1U0v1 __
V
'b5~/,
*Signature
+:v-
*Signature
Executive Director
ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER
Spp 2. CRS §24-30-202 requires the State Controller to approve all State
Contracts. This Amendment is not valid until signed and dated below by
the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If Contractor begins performing prior thereto,
the State of Colorado is not obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
By:
cit«'~
Date:
- /
.
H/~''OB
