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C014--017 AMENDMENT ELEVEN
THIS AMENDMENT ELEVEN to Agreement CO 14-017 for Inmate Communication
and Kiosk-Based Technology Access, dated ~lCtMSU. 2-'f
, 2018 is made by and
between CenturyLink Public Communications, Inc., (CenturyLink) and the Idaho Deparbnent of
Correction (IDOC), collectively hereinafter referred to as the "Parties".
WHEREAS, pursuant to the authority provided in Idaho Code §67-5717 and §67-5732
(recodified at and superseded by Idaho Code § 67-9205 (2016)) and Idaho Administrative
Procedures Act (IDAPA) Rule 38.05.01.032, on May 19, 2014, IDOC entered into the Agreement
for the provision of inmate telephone and kiosk-based services in correctional Facilities within the
State of Idaho; and
WHEREAS, through Amendment One the Parties amended several sections of the
Agreement, including§§ 6.2, 9.3, 10.10, 13.l(vii), 14.1, Appendix C and Exhibit 1; and
WHEREAS, through Amendment Two the Parties memorialized changes to several
sections of the Agreement, including§§ 3.2, 8.8, 8.9, 11.4, 11.6, 13.3, 13.5, 13.6, 13.7, 14.1, and
15.4, addressing the introduction and launch of specific kiosk-based services through the ECS
module; and
WHEREAS, the Parties through Amendment Three amended several Standard Operating
Procedure ("SOP") provisions of the Agreement, and amended §§ 5, 12.2, and 13.1, which
addressed attorney number upload challenges and modified the inmate refund processes; and
WHEREAS, through Amendment Four the Parties added a new §13.7 to the Agreement,
which allows for the provision of electronic greeting cards (also known as eCards) as an electronic
offering available to Inmates who have access to wall-based kiosks; and
WHEREAS, through Amendment Five the Parties added a new §13.8 to the Agreement,
which introduced the Game Store application to the offerings available to Inmates through which
Inmates can purchase and download approved video games; and
WHEREAS, through Amendment Six the Parties corrected section reference errors in
Amendment Four and Amendment Five; ensured compliance with Federal Communications
Commission Order 15-136 in WC Docket No. 12-375, 80 Fed Reg. 79136 (Dec. 18, 2015) ("FCC
Order"); modified the approved call types as set forth in§§ 13.1and14.l(i); adjusted the ADP Fee
as noted in § 16.1; adjusted the per minute calling rate for all call types as set forth on Exhibit 1;
and adjusted applicable deductions fees and charges as set forth on Exhibit 3; and
WHEREAS, through Amendment Seven the Parties corrected a SOP reference in §5;
amended § 10.11 to establish a health check report; provided for tax exempt status for certain
inmates at the ICI-0 Facility; amended the reporting requirements set forth on Appendix C of
Amendment One; and amended the e-stamp price set forth on Exhibit 4 of Amendment Two; and
WHEREAS, through Amendment Eight the Parties added a new SOP to the list of
applicable operating standards; replaced§§ 9.1 and 9.3; added the JP5s 7" tablet as an approved
digital device; and updated § 16.1 to provide for ADP Fee payment tiers; and
WHEREAS, through Amendment Nine, the Parties added (i) video telephone calls and
outbound VideoGrams; (ii) replace the former contractor training course with a new NEO course;
(iii) update the cordless phone requirements; (iv) add a refund requirement for JPay; (v) add cyber
liability and security insurance and indemnification requirements; (vi) update and add definitions
in Appendix A; and (vii) replace Appendix C,
WHEREAS through Amendment Ten the parties added the EDOVO Educational Platform
to the services provided.
NOW THEREFORE, for valuable consideration the Parties hereto mutually agree to
further amend the Agreement as follows:
1)
Exercise of the First Renewal Term.
The Parties mutually agree to exercise the First Renewal Term, which will extend the Term
of the Agreement for one year, as authorized in section 18.2 of the Agreement. As a result,
Section 18.1 of the Agreement is changed to read as follows: "The Agreement shall
commence on the Agreement Commencement Date and shall continue in full force and
effect up through 11 :59 p.m. June 30, 2020 (after being extended for "First Renewal
Term") unless othenvise terminated as provided herein.
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IN WITNESS WHEREOF, the Parties have caused this Amendment Eleven to be executed by
their respective Authorized Representative and effective as of the last signature noted below.
CenturyLink Public Communications, Inc.
By:'?~~
Paul N. Cooper, Vice President & General Manager
THE STATE OF IDAHO
Idaho Department of Correction
Date:
29 Dec 2018
