Prison Phone Justice

SECOND AMENDMENT TO CONTRACT PURCHASE ORDER #01083
This Second Amendment ("2 nd Amendment") is made and entered into by and between
MCI WORLDCOM Communications, Inc., on behalf of itself and its U.S.-based affiliates and
their respective successors (together, "MCr'), with its Government Markets business unit offices
at 1945 Old Gallows Road, Vienna, VA 22182, and the State ofldaho ("State" or "Customer").
MCI and Customer are sometimes referred to in this 2nd Amendment individually as a "Party" and
collectively as the "Parties."
WHEREAS, on December 12,2001 the State issued Contract Purchase Order #010083 to
MCI, under which MCI provides inmate telephone services to the State's Department of
Corrections, and the Parties have once before amended said Contract Purchase Order by First
Amendment effective December 14,2004 (the original Contract Purchase Order as amended by
said First Amendment are together referred to herein as the "CPO"); and
WHEREAS, the Parties mutually desire to amend the CPO further in the particulars set
forth in this 2nd Amendment;
NOW THEREFORE, in consideration of these premises and other good and valuable
consideration, the Parties agree as follows:
1.
Survival: Except as otherwise expressly set forth in this 2nd Amendment, the tenns and
conditions of the CPO are unchanged and in full force and effect. All capitalized terms used in
this 2nd Amendment and not otherwise defmed herein shall have the meaning set forth in the
CPO. In the event of any conflict or inconsistency between this 2 nd Amendment and the CPO,
this 2ad Amendment shall control.

2.
Effective Date. This 2 nd Amendment shall be effective upon the date of the last signature
by an authorized representative of each Party below ("2nd Amendment Effective Date").
3.
Rates. The following rates and charges for inmate collect and debit calls shall apply,
effective as of the later of (1) April1, 2005 or (2) MCI's filing of any modifications to its State or
Federal tariff(s) or their successor(s) as required by applicable law and MCl's receipt of any
necessary regulatory approvals (the "Rate Effective Date"):

CALL TYPE

Local
IntraLATA
IntraStatelInterLATA
Interstate
International*

CALL SET-UP CHARGE
51.50
51.75
52.25
53.95
53.95

PER MINUTE RATE
50.10
SO.15
S0.30
SO.89
50.89

·These rates & charges shall be effective for International Debit Calls immediately upon implementation of Debit
CaJling per Amendment #1, even if prior to April I, 2005.

4.
Commissions. Commencing with inmate collect and debit calls during April 2005, MCI
will pay the State a commission equal to Forty-two percent (42%) of Commissionable Revenue.
5.
Entire Agreement: The CPO as amended by this 2 nd Amendment constitutes the entire
agreement between the Parties with respect to the services MCI provides under the CPO and

PRIVILEGED &. CONFIDENTIAL DRAFT - 020205
FOR MCiINTERNAL REVIEW ONLY

supersedes all other representations, understandings or agreements that are not expressed herein,
whether oral or written, concerning the subject matter hereof. No further amendments to this
CPO shall be valid unless in writing and signed by a duly authorized representative of each Party.

MCI WORLDCOM

STATE OF IDAHO

Comm

:~Air

Title: Di~c.tor

J

Date:

j,

hr I

I

I

l&fh ofe-rr«.~

,2005

ications, Inc.

Name: Jeny Egerton
Title: Sr. Vice Pre;¢ent

Date:

'7~ (~

. 2005

FIRST AMENDMENT TO CONTRACT PURCHASE ORDER #01083
This First Amendment ("1 5t Amendment") is made and entered into by and between MCI
WORLDCOM Communications, Inc.• on behalf of itself and its U.S.-based affiliates and their
respective successors (together. "MCI"). with its Government Markets business unit offices at
1945 Old Gallows Road, Vienna. VA 22182. and the State of Idaho ("State" or "Customer").
MCI and Customer are sometimes referred to in this 151 Amendment individually as a "Party" and
collectively as the "Parties."
WHEREAS. on December 12. 200 I the State issued Contract Purchase Order #0 I0083
("CPO") to MCI. under which MCI provides inmate telephone services to the State's Department
of Corrections. all as set forth in MCl's November 1. 2001 bid in response to the State's Request
for Proposal #ITBOI163. as amended; and
WHEREAS. the initial three-year term of the CPO expires on December 14.2004 and the
Parties mutually desire to extend the term of the CPO and to amend the CPO in the other
particulars set forth in this 151 Amendment;
NOW THEREFORE. in consideration of these premises and other good and valuable
consideration. the Parties agree as follows:
I.
Survival: Except as otherwise expressly set forth in this 151 Amendment. the terms and
conditions ofthe CPO are unchanged and in full force and effect. All capitalized terms used in
this 15t Amendment and not otherwise defined herein shall have the meaning set forth in the CPO.
Except in the name "MCI WORLDCOM Communications, Inc.... all references in the CPO to
"WORLDCOM" or "WorldCom" are hereby deleted and replaced with "MCl" In the event of
any conflict or inconsistency between this I 51 Amendment and the CPO. this 15t Amendment shall
control.
2.
Effective Date. Upon signature by an authorized representative of each Party. this 15t
Amendment shall be effective as of December 14.2004 ("1 st Amendment Effective Date"). The
term of the CPO is hereby extended for one (1) year, through December 14.2005.
3.
Commissions. In lieu ofthe Franchise Fee that MCI has paid in equal monthly
installments under the CPO. commencing with inmate collect calls during January 2005. MCI
will pay the State a commission equal to Thirty percent (30%) of "Commissionable Revenue."
defined as gross billed revenue (with no deduction for fraudulent or uncollectible calls) from
inmate collect calls generated by the telephones covered under the CPO. handled by MCI
Operator Services and carried on the MCI network, but excluding: (i) Taxes (as defmed in MCl's
Service Publication and Price Guide (the "Guide" and its applicable state tariff(s»; (ii)
international calls; (iii) credits/refunds that MCI issues to called parties (in the case of collect
calls) or inmates (in the case of debit calls); and (iv) amounts MCI is required or permitted by
governmental or quasi-governmental authorities to collect from or pay to others in support of
statutory or regulatory programs ("Governmental Charges" as defined in the Guide). including
but not limited to Federal Universal Service charges and Carrier Access Charges. MCI will
exercise all commercially reasonable efforts to pay the State the applicable commissions within
forty-five (45) days after the calendar month to which they apply. When Inmate Debit Calling is
implemented per Section 4 below. MCI will pay commissions at the same rate. on
Commissionable Revenue from such calls as well.

4.
Inmate Debit Calling. Upon a date to be mutually agreed by the Parties, MCI will
implement a Maximum Security Inmate Debit Calling System, as described in the Statement of
Work attached to this 1SI Amendment as Attachment I, and made part hereof. Rates for Debit
Calling shalJ be at the same rates as currently (i.e., as of the 1sl Amendment Effective Date) being
charged for Collect Calling except that International Debit Calls shall be at a per-eall Surcharge
of$3.95 and a per minute charge of$0.89.
5.
Notices. The address and addresses for all notices required or permitted to be given by
the State to MCI under the CPO are hereby changed to:
MCI
11080 White Rock Road, Suite 100
Rancho Cordova, CA 95670
Attn: Michael K. Patterson, Sr. Acct. Mgr. - Govt. Markets
Tel: 916-779-1922
with contemporaneous fax copy to:
MCI
5055 North Point Parkway
Alpharetta, GA 30022
Attn: Law & Public Policy - Govt. Markets
FAX: 678-259-1185
6.
Entire Agreement: The CPO as amended by this 1sl Amendment constitutes the entire
agreement between the Parties with respect to the services MCI provides under the CPO and
supersedes alJ other representations, understandings or agreements that are not expressed herein,
whether oral or written, concerning the subject matter hereof. No further amendments to this
CPO shall be valid unless in writing and signed by a duly authorized representative of each Party.
STATE OF IDAHO

MCI WORLDCOM
Comm ications, Inc.

Title: Sr. Vice President

Date:

..2-;:
7

7

, 2005

,., \./1- /'

Date: ~,2005