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State of Washington DOC Contract-FSH Communications, LLC Amendment No. 7

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State of Washington
Department of Corrections

This Amendment

Contract No. CDOC6840
Amendment No. 7

is made by the state of Washington, Department of Corrections, hereinafter

referred to as Department, and Value-Added Communications, Inc., hereinafter referred to as the
Contractor, for the purpose of amending the above-referenced Contract, heretofore entered into between
the Department and the Contractor.
WHEREAS the purpose of this contract amendment is to update the contract to the most recent General
Terms & Conditions;
NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and
incorporated and made a part hereof, the Department and the Contractor agree as follows:
Section 1.02

APPENDICES, EXHIBITS AND ATTACHMENTS is amended, in part, as follows:

The appendices, exhibits and schedules to this Contract attached to this Contract are incorporated
by this reference into this Contract. Exhibit C., partially governing General Terms and Conditions, is
hereby incorporated and attached.
Additions to this text are shown by underline and deletions by ((strikeout)). All other terms and
conditions remain in full force and effect. The effective date of this amendment is July 1, 2017.

THIS CONTRACT AMENDMENT, consisting of one (1) page, and one (1) attachment, is executed by
the persons signing below who warrant that they have the authority to execute the contract.
VALUE-ADDED COMMUNICATIONS

DEPARTMENT OF CORRECTIONS

(Signature)

(Signature)
John R. Nispel

(Printed Name)
(Title)

(Printed Name)
Contracts Administrator
(Title)

(Date)

(Date)

Approved as to Form:
This amendment format was approved by the office of the Attorney General.
Approval on file.

State of Washington
Department of Corrections

CDOC6840(7)

Page 1 of 1
178360

EXHIBIT C
STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS
PARTIAL GENERAL TERMS AND CONDITIONS

PUBLIC RECORDS ACT
1.1

This Agreement and all records associated with the performance of this Agreement shall be available from the
Department for inspection and copying by the public when required by the Public Records Act, Chapter 42.56
RCW (the "Act").

1.2

If records in the custody of the Contractor are needed by the Department to respond to a request under the Act,
as determined by the Department, the Contractor agrees to make them promptly available to the Department.
Upon request by the Department, the Contractor further agrees to provide a detailed index of records associated
with its performance of the contract. This index will allow for more efficient and accurate identification of
potentially responsive records.

1.3

If the Contractor considers any portion of any record associated with the Contractor’s performance under this
Agreement to be protected from disclosure under law, the Contractor shall clearly identify the specific
information that it claims to be confidential or proprietary when the records are provided to the Department in
response to a public records request. The Department retains sole discretion in the appropriateness and
application of withholdings and redactions on all records.

1.4

If the Department receives a request under the Act to inspect or copy information identified by the Contractor as
confidential or proprietary and the Department determines that release of the information is required by the Act
or otherwise is appropriate, the Department’s sole obligation shall be to notify the Contractor (a) of the request
and (b) of the date that such information will be released to the requester unless the Contractor obtains a court
order to enjoin that disclosure pursuant to RCW 42.56.540. If the Contractor fails to timely obtain a court order
enjoining disclosure, the Department will release the requested information on the date specified with whatever
withholdings and redactions it deems proper.

1.5

The Department is not obligated to claim any exemption from disclosure under the Act on behalf of the
Contractor. The Department shall not be liable to the Contractor for releasing records not clearly identified by the
Contractor as confidential or proprietary. The Department shall not be liable to the Contractor for releasing any
records in compliance with this section, in compliance with the Act, or in compliance with an order of a court of
competent jurisdiction.

EQUALITY IN COMPENSATION
1.6

The contractor must ensure that similarly employed individuals in its workforce are compensated as equals,
consistent with the following:
Employees are similarly employed if the individuals work for the same employer, the performance of the job
requires comparable skill, effort, and responsibility, and the jobs are performed under similar working
conditions. Job titles alone are not determinative of whether employees are similarly employed;
Contractor may allow differentials in compensation for its workers based in good faith on any of the following:
i.

A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a
bona fide job-related factor or factors; or a bona fide regional difference in compensation levels.

State of Washington
Department of Corrections
Revised July 11, 2017

CDOC6840(7)
Exhibit C

Page 1 of 2

ii. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience,
that is: Consistent with business necessity; not based on or derived from a gender-based differential; and
accounts for the entire differential.
iii. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based
on or derived from a gender-based differential; and account for the entire differential.
1.7

This Contract may be terminated if the Department determines that the contractor is not in compliance with this
provision.

State of Washington
Department of Corrections
Revised July 11, 2017

CDOC6840(7)
Exhibit C

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