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AMENDMENT # 2 / RENEWAL # 2
This is an amendment/renewal to the Contract (the "Contract") entered into by and between the Indiana
Office of Technology (the "State") and T -Netix, Inc. (the "Contractor") dated August 17, 2001.
In consideration of the mutual undertakings and covenants hereinafter set forth, the parties agree as
follows:
The Contract is hereby renewed for an additional period of Twenty-four months. It shall terminate on
August 16, 2009.
The following clause in the Contract is amended as follows and replaces the clauses in Amendment #1,
Ethical Obligation (refer to the following paragraph B) and Telephone Privacy Compliance (refer to the
following paragraph H).
Compliance with Laws. Paragraph 28 relating to compliance with laws is hereby amended to read as
follows:
A. The Contractor shall comply with all applicable federal, state and local laws, rules,
regulations and ordinances, and all provisions required thereby to be included herein
are hereby incorporated by reference. The enactment or modification of any
applicable state or federal statute or the promulgation of rules or regulations
thereunder after execution of this Contract shall be reviewed by the State and the
Contractor to determine whether the provisions of this Contract require formal
modification.
B. 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 IC § 4-2-6 et
seq., IC § 4-2-7, et. seq. , the regulations promulgated thereunder, and Executive
Order 04-08, dated April 27, 2004. Ifthe 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 IC §§ 4-2-6, 4-2-7, 35-44-1-3, and under any other
applicable laws.
C. The Contractor certifies by entering into this Contract that neither it nor its
principal(s) is presently in arrears in payment of taxes, permit fees or other statutory,
regulatory or judicially required payments to the State. The Contractor agrees that
any payments currently due to the State may be withheld from payments due to the
Contractor. Additionally, further work or payments may be withheld, delayed, or
denied and/or this Contract suspended until the Contractor is current in its payments
and has submitted proof of such payment to the State.
D. The Contractor warrants that it has no current, pending or outstanding criminal, civil,
or enforcement actions initiated by the State, and agrees that it will immediately
notify the State of any such actions. During the term of such actions, the Contractor
agrees that the State may delay, withhold, or deny work under any supplement,
amendment, change order or other contractual device issued pursuant to this
Contract.
E. If a valid dispute exists as to the Contractor's liability or guilt in any action initiated
by the State or its agencies, and the State decides to delay, withhold, or deny work to
the Contractor, the Contractor may request that it be allowed to continue, or receive
work, without delay. The Contractor must submit, in writing, a request for review to
the Indiana Department of Administration (IDOA) following the procedures for
disputes outlined herein. A determination by IDOA shall be binding on the parties.
Any payments that the State may delay, withhold, deny, or apply under this section
shall not be subject to penalty or interest, except as permitted by IC § 5-17-5.
F. The Contractor warrants that the Contractor and its subcontractors, if any, shall obtain
and maintain all required permits, licenses, registrations, and approvals, and shall
comply with all health, safety, and environmental statutes, rules, or regulations in the
performance of work activities for the State. Failure to do so may be deemed a
material breach of this Contract and grounds for immediate termination and denial of
further work with the State.
G. The Contractor affirms that, if it is an entity described in IC Title 23, it is properly
registered and owes no outstanding reports to the Indiana Secretary of State.
H. As required by IC 5-22-3-7:
(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 iflC 24-4.7 is preempted by
federal law; and (B) the Contractor will not violate the terms oflC 24-4.7 for the
duration of the Contract, even iflC 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 oflC 24-4.7 in the previous three
hundred sixty-five (365) days, even iflC 24-4.7 is preempted by federal law; and (B)
will not violate the terms oflC 24-4.7 for the duration of the Contract, even iflC 244 .7 is preempted by federal law.
All other matters previously agreed to and set forth in the original Contract and not affected by this
Amendment / Renewal shall remain in full force and effect.
THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.
Non-Collusion and Acceptance
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The undersigned attests, subject to the penalties of perjury, that he/she is the Contractor, or that he/she is
the duly authorized representative, agent, member or officer of the Contractor, that he/she has not, nor has
any other member, employee, representative, agent or officer of the Contractor, to the best ofhislher
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 Amendment other than that which appears upon the face hereof.
In Witness Whereof, Contractor and the State of Indiana have, through duly authorized
representatives, entered into this Amendment. The parties having read and understand the foregoing
terms of this Amendment do by their respective signatures dated below hereby agree to the terms thereof.
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Title: -........:.- - ---":.....---=-----'--- - -- - - - - Date: _ _- L_ _---"~_~~_
_ _ _ __ __
Indiana Office of Technology
_
Department of Administration
BY: _ ~'~
Dated:
"3 \ - .:r iA.-\ - 0-0 c
Carrie Rend
7
Dated: _ _
s'{~_I_O__'_7_
on, CommISSIOner
_ _ _ __ __
Approved as to Form & Legality:
Office f the Attorney General
State Budget Agency
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By: -4M
Christopher A. RuW, Director
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T' A~o-r
Date:
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Stephen Carter,
Page 3 of3
ttorney General
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