Commonwealth of Mass-Standard Contract -Inmate Calling Solutions 2024
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Commonwealth of Massachusetts Standard Contract Form Instructions and Contractor Certifications This form is jointly issued and published by the Office of the Comptroller (CTR), the Executive Office for Administration and Finance (ANF), and the Operational Services Division (OSD) as the default contract for all Commonwealth Departments when another form is not prescribed by regulation or policy. The Commonwealth deems void any changes made on or by attachment (in the form of addendum, engagement letters, contract forms or invoice terms) to the terms in this published form or to the Standard Contract Form Instructions and Contractor Certifications _________________________________________________, the ___________________________________________________ Commonwealth Terms and Conditions for Human and Social Services or the ___________________________________ which are incorporated by reference herein. Additional non-conflicting Commonwealth IT Terms and Conditions terms may be added by Attachment. Contractors are required to access published forms at CTR Forms: ___________________________. Forms are also posted at OSD Forms: ____________________________. https://www.mass.gov/lists/osd-forms https://www.macomptroller.org/forms Contractor Legal Name Commonwealth Department Name MMARS Department Code Contractor D/B/A Name Commonwealth Department Mailing Address Contractor Legal Address City Number, street and apartment or suite number Number, street and apartment or suite number (Form W-9, W-4) City State Contract Manager Phone Zip Code State Zip Code Commonwealth Department Billing Address Number, street and apartment or suite number (If different) City State Zip Code Commonwealth Department Billing Email Address E-Mail Fax Contract Manager Phone Contractor Vendor Code E-Mail Fax Vendor Code Address ID DOC Code AD______ MMARS Doc ID(s) MMARS Doc ID(s) (e.g. “AD001”) Note: The Address ID must be set up for EFT payments. RFR/Procurement or other ID Number CT MMARS Version Number Budget Fiscal Year - Page 1 of 4 - DOC Code Commonwealth of Massachusetts Standard Contract Form Instructions and Contractor Certifications Should this Contract go to the Office of the Comptroller? MMARS Doc ID _____ Yes ______ No Is this a new contract or a contract amendment? ______ New Contract ______ Contract Amendment Complete the “FOR NEW CONTRACTS” section below. Complete the “FOR CONTRACT AMENDMENTS” section below FOR NEW CONTRACTS FOR CONTRACT AMENDMENTS Procurement or Exception Type Current Contract End Date Prior to Amendment Check only one option. ______ Statewide Contract Amendment Amount OSD or an OSD-designated Department. ______ $ __________________ Collective Purchase Attach OSD approval, scope, and budget. 815 CMR 2.00 ______ Check if there is no change to the contract amount. Department Procurement Includes all Grants – Solicitation Notice or RFR, and Response or other procurement supporting documentation. ______ Amendment Type Check one option only. Attach details of amendment changes. ______ Amendment to Date, Scope or Budget Emergency Contract Attach updated scope and budget. Attach justification for emergency, scope, and budget. ______ ______ Interim Contract Contract Employee Attach justification for Interim Contract and updated scope/budget. Attach Employment Status Form, scope, and budget. ______ Contract Employee ______ Attach any updates to scope or budget. Other Procurement Exception Attach authorizing language, legislation with specific exemption or earmark, and exception justification, scope, and budget. ______ Other Procurement Exception Attach authorizing language/justification and updated scope and budget. The Standard Contract Form Instructions and Contractor Certifications and the following Commonwealth Terms and Conditions document are incorporated by reference into this Contract and are legally binding. Check ONE option. ____ Commonwealth Terms and Conditions ____ Commonwealth Terms and Conditions for Human and Social Services ____ Commonwealth IT Terms and Conditions Compensation Check ONE option. The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported in the state accounting system by sufficient appropriations or other non-appropriated funds, subject to intercept for Commonwealth owed debts under 815 CMR 9.00 ____ Rate Contract (No Maximum Obligation) Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended. ____ Maximum Obligation Contract Enter total maximum obligation for total duration of this contract (or new total if Contract is being amended). $_______________________________ - Page 2 of 4 - Commonwealth of Massachusetts Standard Contract Form Instructions and Contractor Certifications MMARS Doc ID Prompt Payment Discounts (PPD) Commonwealth payments are issued through Electronic Funds Transfer 45 days from invoice receipt. Contractors requesting accelerated payments must identify a Prompt Payment Discount as follows: Payment issued within 10 days ________% PPD; Payment issued within 15 days ________ % PPD; Payment issued within 20 days ________% PPD; Payment issued within 30 days ________ % PPD. If PPD percentages are left blank, identify reason: _ __ Agree to standard 45-day cycle _ __ Statutory/legal or Ready Payments _ __ Only initial payment (Subsequent payments scheduled to support standard EFT 45-day payment cycle. See. Brief Description of Contract Performance or Reason for Amendment Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications. Anticipated Start Date Complete ONE option only. The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations: _____ 1. may be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred prior to the Effective Date. _____ 2. may be incurred as of ___________________ a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date. _____ 3. were incurred as of ___________________ a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior to the Effective Date are authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are attached and incorporated into this Contract. Acceptance of payments forever releases the Commonwealth from further claims related to these obligations. Contract End Date Contract performance shall terminate as of __________ ___ with no new obligations being incurred after this date unless the Contract is properly amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments. Certifications Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified above, subject to any required approvals. The Contractor certifies that they have accessed and reviewed all documents incorporated by reference as electronically published and the Contractor makes all certifications required under the Standard Contract Form Instructions and Contractor Certifications under the pains and penalties of perjury, and further agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the applicable Commonwealth Terms and Conditions, this Standard Contract Form, the Standard Contract Form Instructions and Contractor Certifications, the Request for Response (RFR) or other solicitation, the Contractor’s Response (excluding any language stricken by a Department as unacceptable, and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor’s Response only if made using the process outlined in in incorporated herein, provided that any amended RFR or Response terms result in best value, lower costs, or a more cost effective Contract. Authorizing Signature for the Contractor Authorizing Signature for the Commonwealth Signature and Date Must Be Captured at Time of Signature Signature and Date Must Be Captured at Time of Signature X . X Date _________________ Date ____________________ Print Name _________________________ Print Name _________________________ Print Title _________________________ Print Title _________________________ - Page 3 of 4 - . Commonwealth of Massachusetts Standard Contract Form Instructions and Contractor Certifications MMARS Doc ID Certifications, Terms and Conditions URL (below URL’s can be viewed in PDF) Standard Contract Form Instructions and Contractor Certifications http://www.macomptroller.org/wp-content/uploads/instructions_standard-contract-form.pdf Commonwealth Terms and Conditions for Human and Social Services https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-human-and-socialservices.pdf Commonwealth Terms and Conditions https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions.pdf Commonwealth IT Terms and Conditions https://www.macomptroller.org/wp-content/uploads/form_commonwealth-terms-and-conditions-for-informationtechnology.pdf Prompt Payment Discounts Policy https://public.powerdms.com/MAComptroller/documents/1779666 Office of the Comptroller: Forms Website https://www.macomptroller.org/forms Operational Services Division: Forms Website https://www.mass.gov/lists/osd-forms 801 CMR 21.07 https://www.mass.gov/law-library/801-cmr 815 CMR 2.00 https://www.mass.gov/law-library/815-cmr 815 CMR 9.00 https://www.mass.gov/law-library/815-cmr M.G.L. c. 29, § 23A https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter29/Section23A - Page 4 of 4 - Inmate Telephone System. Provide, install, and maintain per RFR C08 and Bidder’s response. Commission of 85% with no minimum annual guarantee. Additionally the Department agrees to be invoiced for 12 10-minute free calls per inmate at $.018 per minute. Both commission and 12 10-minute calls will be effective through 11/30/2023. Effective 12/1/2023 system to allow unlimited free calling time for all inmates and residents. This will be at no charge to the inmates and/or family & friends. Effective 12/1/2023 Contractor shall invoice the Department at a rate of $0.016 per minutes used per month. Additionally Textbehind offsite scan mail for Managed Plus Service will be implemented at the following rates: Offsite physical non-privileged mail processing for up to 2,000 letters per month across all 4 Department facilities are included in software and service monthly fee of $1,800 ($450/facility). Volume in excess of 2,000 will be invoiced at $1.59 per letter. Content page limit rule applied. Mail review, approval, investigations, etc… and legal mail solution/software license per facility included. Mail shipping and handling costs to be invoiced monthly and at cost. Start date to be determined. THIS AGREEMENT WILL BE IN EFFECT FROM October 1, 2023 THROUGH AND INCLUDING September 30, 2024 AND MAY BE RENEWED FOR 1 ADDITIONAL 1-YEAR PERIODS SUBJECT TO THE SOLE DISCRETION OF HAMPDEN COUNTY PURCHASING. WHEN EXERCISING ONE-YEAR OPTIONS PRICING MAY BE ADJUSTED, INCREASED OR DECREASED, AT THE DEPARTMENT DISCRETION Certificate Of Completion Envelope Id: 64476FBC639B4480AEEF6F25BBADB525 Status: Sent Subject: DocuSign: Initiate Standard Contract Form for Michael Kennedy Document Type: SCF Source Envelope: Document Pages: 5 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Massachusetts Office of the Comptroller AutoNav: Enabled 1 Ashburton Place 9th Floor EnvelopeId Stamping: Enabled Boston, MA 02108 Time Zone: (UTC-05:00) Eastern Time (US & Canada) CTR.DocuSign.SCF@mass.gov IP Address: 170.63.192.1 Record Tracking Status: Original 12/13/2023 8:15:24 AM Holder: Massachusetts Office of the Comptroller Location: DocuSign CTR.DocuSign.SCF@mass.gov Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Massachusetts Office of the Comptroller Location: DocuSign Signer Events Signature Timestamp Ann Speziali Completed Sent: 12/13/2023 8:15:26 AM ann.speziali@sdh.state.ma.us Security Level: DocuSign.email ID: 1 12/13/2023 8:15:27 AM Viewed: 12/13/2023 8:15:38 AM Signed: 12/13/2023 8:28:04 AM Using IP Address: 170.63.192.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign Ann Speziali ann.speziali@sdh.state.ma.us Completed Director of Purchasing Security Level: Email, Account Authentication (Optional) Sent: 12/13/2023 8:28:07 AM Viewed: 12/13/2023 8:29:54 AM Signed: 12/13/2023 8:30:11 AM Using IP Address: 170.63.192.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign Michael Kennedy Sent: 12/13/2023 8:30:12 AM mkennedy@icsolutions.com Viewed: 12/20/2023 10:40:26 AM VP Sales and Marketing Signed: 12/20/2023 10:41:01 AM Security Level: Email, Account Authentication (Optional) Signature Adoption: Drawn on Device Using IP Address: 66.177.79.76 Electronic Record and Signature Disclosure: Not Offered via DocuSign Ann Speziali Sent: 12/20/2023 10:41:03 AM ann.speziali@sdh.state.ma.us Viewed: 12/21/2023 8:03:30 AM Director of Purchasing Signed: 12/21/2023 8:04:58 AM Security Level: Email, Account Authentication (Optional) Signature Adoption: Drawn on Device Using IP Address: 170.63.192.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Ann Speziali Completed Sent: 12/21/2023 8:05:00 AM ann.speziali@sdh.state.ma.us Director of Purchasing Security Level: Email, Account Authentication (Optional) Viewed: 12/21/2023 8:05:41 AM Signed: 12/21/2023 8:05:47 AM Using IP Address: 170.63.192.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Ann Speziali Sent: 12/13/2023 8:28:06 AM ann.speziali@sdh.state.ma.us Viewed: 12/13/2023 8:29:03 AM Director of Purchasing Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign CTR Contracts Team CTRDIGITALCONTRACTS@mass.gov Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/13/2023 8:15:26 AM Envelope Updated Security Checked 12/13/2023 8:28:05 AM Certified Delivered Security Checked 12/21/2023 8:05:41 AM Signing Complete Security Checked 12/21/2023 8:05:47 AM Payment Events Status Timestamps