Prison Phone Justice

Amendment #1
This is an amendment to the contract entered into by and between the Indiana Office of
Technology (hereinafter the "State") and T-NETIX, Inc. (hereinafter the "Contractor") which
contract commenced on August 17, 2001.
In consideration of the mutual undertakings and covenants hereinafter set forth, the parties agree
as follows:
Pursuant to IC 5-22-17-4 and the terms ofthe contract, the State exercises its option to renew its
contract with the Contractor under the same terms and conditions of the original contract dated
August 17, 200l. The entire contract shall commence on August 17, 2005, and shall terminate
on August 16, 2007.
The following clauses are being added to the original contract:
Ethical Obligation
The contractor and its agents shall abide by all ethical requirements that apply to persons who
have a business relationship with the State, as set forth in Indiana Code § 4-2-6 et seq., the
regulations promulgated thereunder, and Executive Order 04-08, dated April 27, 2004. If the
contractor is not familiar with these ethical requirements, the contractor should refer any
questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics Commission
website at <<<http://www.in.gov/ethics/>>>.. If the contractor or its agents violate any
applicable ethical standards, the State may, in its sole discretion, terminate this contract
immediately upon notice to the contractor. In addition, the contractor may be subject to penalties
under Indiana Code § 4-2-6-12.
Telephone Privacy Compliance
1. The Contractor and any principals of the Contractor certify that
A. The Contractor, except for de minimis and nonsystematic violations, has not violated
the terms of

(i)

IC 24-4.7 [Telephone Solicitation of Consumers],

(ii)

IC 24-5-12 [Telephone Solicitations], or

(iii)

IC 24-5-14 [Regulation of Automatic Dialing Machines] in the previous
three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by
federal law; and

B. The Contractor will not violate the terms ofIC 24-4.7 for the duration of the Contract,
even ifIC 24-4.7 is preempted by federal law.

2. The Contractor and any principals of the Contractor certify that an affiliate or principal of
the Contractor and any agent acting on behalf of the Contractor or on behalf of an
affiliate or principal of the Contractor:
A. Except for de minimis and nonsystematic violations, has not violated the terms ofIC
24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is
preempted by federal law; and
B. will not violate the tenns ofIC 24-4.7 for the duration of the Contract, even ifIC 244.7 is preempted by federal law.

Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for peIjury, that he/she is the contracting party,
or that he/she is the representative, agent, member or officer of the contracting party, that he/she
has not, nor has any other member, employee, representative, agent or officer of the firm,
company, corporation or partnership represented by him/her, directly or indirectly, to the best of
his/her knowledge, entered into or offered to enter into any combination, collusion or agreement
to receive or pay, and that he/she has not received or paid any sum of money or other
consideration for the execution of this agreement other than that which appears upon the face of
the agreement.
All other matters previously agreed to and set forth in the original agreement and not affected by
this amendment shall remain in full force and effect.

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In Witness Whereof, Contractor and the State of Indiana have, through duly authorized
representatives, entered into this agreement. The parties having read and understand the
foregoing terms of the contract do by their respective signatures dated below hereby agree to the
terms thereof
Contractor:

0.

(Where Applicable)

BY:~~

Printed Name: RIC.nord
Title: CEO
Date:
'1 - j 3 - 05

Attested By:_ _ _ _ _ _ _ _ __

Fttlcone

Chris W. Cotterill
General Couns ~~e Officer
Date:
~

Department of Administration

/l~~h tif42 Fo~
Earl A. Goode
Commissioner
i1-LIC c~
Date:

Office of the Attorney General

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V,

~tI.'~·F

Stephen Carter
Attorney General
Date: 8' -/ '7 -() 5"

30f3