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C014-0l 7 Amendment One
THIS AMENDMENT One to Agreement CO 14-017 for Inmate Communication and
Kiosk-Based Technology Access, dated October ~' 2014, is made by and between
CenturyLink Public Communications, Inc., (CenturyLink) and the Idaho Department of
Correction (IDOC}, collectively hereinafter referred to as the ''Parties".
WHEREAS, pursuant to the authority provided in Idaho Code §67-5717 and 67-5732
and Idaho Administrative Procedures Act (IDAPA) Rule 38.05.01.032, the IDOC entered into
the Agreement for the provision of inmate telephone and kiosk-based services in correctional
facilities in the State of Idaho.
NOW THEREFORE, for valuable consideration, the IDOC and CenturyLink mutually
agree to amend the Agreement as follows:
1. Section 5. Operating Standards and Applicable SOP is hereby amended to include the
following immediately after subsection (xii):
"(xiii)
Policy 201 Respectful Workplace
(xiv)
Policy 218 Non-Fraternization with Offenders
(xv)
Policy 219 Sexual Misconduct with Offenders
(xvi)
Policy 228 Drug Free Workplace
(xvii)
Policy 510 Searches of PersonsN ehicles Entering Correctional Facilities
(xviii)
SOP 301.04.03.001 Intake, Orientation and Personal Property: Community ReEntry Center Offenders"
2. Section 6.2 Training is hereby deleted and the following substituted therefor:
"6.2 Contractor Orientation Course (COC). All Service Personnel are required to attend
an all-day contractor orientation course provided by IDOC. This course is designed to
familiarize individuals with security requirements, how to safely interact with and engage
with Inmates, what to do in an emergency, grooming and manipulation, and other similar
topics. Service Personnel are required to attend COC just once during their course of
employment. There is no charge for Service Personnel to attend COC. CenturyLink is
responsible for all wages and expenses associated with Service Personnel's attendance at this
training. If PREA is included in the COC course curriculum then Service Personnel will not
also have to attend the initial PREA training as noted in §6.1 but will be required to attend
the PREA refresher training every two years."
3. Section 9.3 Background Check I Fingerprinting Fees is hereby amended to delete the final
two sentences of the second paragraph and substituted the following therefor:
"CenturyLink will be invoiced by IDOC on a monthly basis for all background I
fingerprinting completed for the prior month. Payment is due within 15 days of receipt of an
invoice."
4. Section 10.10 Call Details and Recordings from Outgoing System is hereby deleted in its
entirety.
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5. Section 13.1 (vii) Privileged, Do Not Record and /or Free of Charge Numbers is hereby
amended to deleted subsection (a) and substitute the following:
"a) CenturyLink will ensure that all current State of Idaho attorney telephone numbers are
listed in the then most current version of the Idaho State Bar Directory, are uploaded to the
ICS module, properly flagged as 'Privileged, Do Not Record' and functional as of the
Service Commencement Date. On a semi-annual basis, CenturyLink shall update the ICS
database to include any new attorneys and numbers and remove any attorney's and numbers
that no longer appear in the Idaho State Bar Directory."
6. Section 14.1 Pricing is hereby amended to add the following sentence to the end of the first
paragraph:
"All prices provided hereunder do not include any mandatory or applicable taxes.
CenturyLink will apply all required and applicable truces to ICS, IVS and POS module
pricing structures as required by law."
7. Appendix C is hereby deleted and replaced with the Replacement Appendix C, attached
hereto and incorporated herein.
8. Exhibit 1 - ICS Pricing is hereby modified to include the following sentence immediately
below the pricing table:
"Beginning November 1, 2014, calls to Canada will be treated as interstate calls and charged
at the rate of$0.14/minute."
This Amendment One shall be effective as of the date of the last authorized signature below.
IN WITNESS WHEREOF, the Parties have caused this Amendment One to be
executed by their respective duly authorized agents.
CenturyLink Public Communications, Inc.
<...J)~
By:
Paul N . Cooper, General Manager
THE STATE OF IDAHO
(Lal~WO
I a7J-J'
'I ·- I -7-----
Date:
THE STATE OF IDAHO
ent ~::lioo
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0
REPLACEMENT APPENDIX C - REPORTS
Report Description: Service Level Report
Report Format: Excel or other mutually acceptable, searchable format
Report Due: Monthly
Requirements: CenturyLink shall maintain in Excel or other mutually acceptable and searchable
format, documentation of Priority Level One, Priority Level Two and Chronic Failures and services
provided. Such report shall contain, at a minimum:
1.
11.
the type of service call requested;
the date I time received;
111.
the date I time CenturyLink's technician(s) responded;
iv.
the type of response (remote, on-site or both)
v.
the type of repair or problem found; and
vi.
when the repair or problem was corrected.
By the 15•h of each month, CenturyLink shall email the monthly Service Level Report to the Contract
Administrator for the prior month.
Report Description: Grievance Log
Report Format: Excel or other mutually acceptable, searchable format
Report Due: Monthly
Requirements: CenturyLink shall maintain auditable records documenting each grievance received and
responded to and shall include at a minimum:
i.
ii.
the name (first and last) and IDOC Inmate number;
the date I time received;
111.
generalized recap of the issue
iv.
CenturyLink's response; and
v.
the date returned to the Inmate
By the 15th of each month, CenturyLink shall email the Grievance Log to the Contract Administrator for
the prior month.
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Report Description: Inactivity Report
Report Format: Excel
Report Due: Monthly
Requirements: By the 15th of each month, CenturyLink will provide the Contract Administrator with an
Excel spreadsheet showing all Inmates who have made no financial transactions for services, phone calls
or purchases within the prior thirty (30) day period. IDOC will review those accounts and advise
CenturyLink which accounts may be swept, if any. CenturyLink shall sweep designated accounts within
fifteen ( 15) days of its notice from IDOC and such funds shall be remitted to IDOC by check or through
ACD I Direct Deposit transfer as mutually agreed.
Report: Attorney Number Certification
Report Format: Letterhead
Report Due: Quarterly
Requirements:
A letter signed by an authorized officer certifying that attorney numbers loaded in the
Technology Solution are up to date (based on the most current Idaho State Bar directory, as updated
semi-annually as set forth in §13.1) and are properly flagged as 'Privileged, Do Not Record.' Within
thirty (30) days of the end of each quarter, CenturyLink shall email the quarterly certification letter to the
Contract Administrator for the prior quarter.
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C014---017 AMENDMENT TWO
THIS AMENDMENT TWO to Agreement CO 14-017 for Inmate Communication and KioskBascd Technology Access, dated ~.t.b 9>J
, 2015, is made by and between CenturyLink
Public Communications, 1nc.. (CenturyLink) and the Idaho Department of Correction (IDOC),
collectively hereinafter referred to as the "Parties."
WHEREAS, pursuant to the authority provided in Idaho Code §67-5717 and §67-5732 ond Idaho
Administrative Procedures Act (IDAPA) Rule 38.05.01.032, IDOC entered into the Agreement for the
provision of inmate telephone and kiosk-based services in correctional Facilities within the State of Idaho;
WHEREAS, through Amendment One the Panics made adjustments to several sections
including §§6.2, 9.3, 10.10, 13. l(vii), 14. l, Appendix C and Exhibit I;
WHEREAS, as part of the Agreement and CSR response provided by CenturyLink, the Parties
agreed that over time IDOC may implement certain Additional Features, as mutually agreed, into IDOC
Facilities as it relales to kiosk-based services;
WHEREAS, the Parties desire to set forth the contractual obligations, roll-out schedule,
functionality requirements and perfonnance measures surrounding those certain Additional Features
identified herein; and
WHEREAS, the Parties are nearing completion of the kiosk installation and are moving forward
with the launch of kiosk-based commissary ordering as set forth in § 13.3 of the Agreement
NOW THEREFORE, for valuable consideration, IDOC and CenturyLink mutually agree to
amend the Agreement as follows:
1. Additional Features. Sections §3.2(ii), §3.2(viii), §3.2(xi) and §3.2(xiii) of the Agreement are
hereby amended to include a functional launch date as noted below:
Digital Players and Music through mini tablets or other similar device which have
functionality beyond being a simple music player. - May I, 2015"
"(viii) Posting and receiving secure photos. - May t, 2015"
"(xi) Sending and receiving secure electronic mail ~ May I, 20 IS"
"(xiii) VideoGrams are a 30-second video with audio sent through I-phones, Android and other
such mobile devices. - May 1, 201 S"
"(ii)
As of the functional launch dates noted in amended §§3.2(ii). §3.2(viii), §3.2(xi) and §3.2(xiii), IDOC
Inmates will have access to various fonns of electronic communications through the kiosk for secure
photos, sending I receiving secure electronic mail, VideoGrams, and digital music which are
collectively hereinafter referred to as ..electronic communication services" (ECS or ECS module).
2. Inmate Tutorials and Tools. A new section §8.8 is hereby added to the Agreement immediately
following §8.7 and shall read as follows:
"8.8 Inmate Tutorials and Tools. In addition to the provisions of §8. 7 of the Agreement,
CenturyLink shall provide electronic tutorials on how to access and utilize ECS functionality. Such
tutorials shall be available through digital players and/or the kiosks. Tutorials shall be interactive and
simple for an Inmate to learn and use, consisting of icons, pictures and simple text. In addition,
CenturyLink shall provide on-site and hands on training. as requested, for Inmates at every Facility to
ensure that Inmates understand how to:
(i)
register on the kiosk to establish an account;
(ii)
access I utilize self-help tutorials;
(iii) contact customer support via trouble tickets processed through the kiosks;
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(iv)
purchase e-stamps;
(v)
receive, create, send and save electronic communications; and
(vi)
purchase and download music.
Training shall be coordinated through the Contract Administrator and coordinated with other kioskbased services training, such as commissary ordering, as appropriate."
3. Staff Training. A new section §8.9 is hereby added to the Agreement immediately following the
new §8.8 and shall read as follows:
"8.9 Staff Training. CenturyLink shall provide on-site and hands on training as requested for IDOC
staff to ensure that staff members understand how:
(i)
the Inmate registration process works;
(ii)
to assist an Inmate in accessing I utilizing self-help tutorials;
(iii) subject to staff user profiles, to access various reports and reporting functions;
(iv)
subject to staff user profiles, to access and review an Inmate's electronic communications;
(v)
subject to staff user profiles, to establish, modify and remove alerts;
(vi)
subject to staff user profiles, to block communications for a particular Inmate, member of
the public, housing unit, or Facility as appropriate; and
(vii) subject to staff user profiles, to save I archive and print electronic communications for
future investigations, court proceedings and so forth.
Training shall be coordinated through the Contract Administrator and coordinated with other kioskbased services training, such as commissary ordering, as appropriate. Staff training may coincide
with Inmate training noted in §8.8."
4. Kiosk Signage. A new fourth paragraph is hereby added to the end of § 11.4 immediately following
the last paragraph of that section and shall read as follows:
"In addition, CenturyLink shall ensure that posted on or near each kiosk is a basic "Kiosk Guide" as
set forth on Exhibit 5, attached hereto and incorporated herein, as may be modified from time to time
as directed by IDOC. The Kiosk Guide is intended to be an interim document that will be provided
by CenturyLink until !DOC is able to develop, print, and post its ECS rules for Inmates."
5. ADA Compliance - ECS.
following new 1 l .6(iv):
Section 11.6, ADA Compliance is hereby amended to include the
"(iv) Provide kiosks and screens with large fonts and icons, with backscreen lighting that is sufficient
to allow Inmates with limited eyesight to utilize the equipment, and meet installation height
requirements."
6. Commissary Ordering. A new §13.3(viii) and a new §13.3(ix) are hereby added to the Agreement
immediately following § 13 .3(vii) and shall read as follows:
"(viii) CenturyLink acknowledges that Keefe Commissary Network (Keefe) is IDOC's commissary
provider. CenturyLink and Keefe have developed and tested the iFrame interface for the kiosk with
the Keefe system and CenturyLink represents that the POS Module will be a functional reality of
the Technology Solution as of January 7, 2015 for pilot testing as discussed more thoroughly in
Amendment Two, §9, and live for all Facilities no later than February 2, 2015. Notwithstanding the
foregoing, due to technical challenges and scheduling conflicts, CenturyLink, JPay, Keefe and
IDOC all mutually agreed to an extension of the go live date to February 16, 2015 with all Facilities
being live by February 21, 2015.
(ix) The Parties recognize and acknowledge that the kiosks and CenturyLink network are merely
the conduit for Inmates to access the Keefe commissary system and that all financial transactions
and orders are processed, retained and stored in the Keefe network. CenturyLink shall ensure that
the kiosk network, firewalls and access tunnels are active, sound, secure and functional. Except as
it relates to the network, CenturyLink has no liability or responsibility to IDOC or the Inmate as it
relates to the Keefe-based commissary ordering process, delivery or payment thereof."
7. JPay Digital Players. A new section §13.5 is hereby added to the Agreement immediately following
the existing§ 13.4 and shall read as follows:
"13.S Digital Players. Beginning on March 1, 2015, CenturyLink shall offer through JPay the JPay
digital player v.2 which is the current model available, hereinafter referred to as the JP4. As other
digital player models (e.g. the JPS) become available, IDOC shall have the ability but not the
obligation to allow the introduction of said newer models into Facilities. Throughout the life of the
Agreement, CenturyLink shall ensure that JPay supports all digital player model(s) sold in Idaho
Facilities.
Inmates shall not be required to purchase a JP4 to utilize the kiosks or ECS functionality.
(i)
Specifications. Any introduced JPay digital player shall be a personal digital mini-tablet
device constructed with a correctional grade, reinforced clear plastic casing, internal shock
absorbers to make it impact resistant, with an enhanced thickness, shatter-resistant display
utilizing touch screen technology and be wireless capable though not enabled. Each JP4
purchased shall come standard with the following minimum accessories:
•
•
•
•
•
•
•
•
one rechargeable lithium battery (no access by the Inmate)
one USB cable- clear cord
one NC power adaptor - clear case
FM Radio
one set of ear buds - clear cord
one clear soft plastic case covering ~ removable
one Quick Start Guide
90 day manufacturer's warranty covering defects and workmanship issues from
the date of purchase on the player and all accessory items
Each JP4 shall automatically be enabled to and capable of connecting with and syncing to
the kiosks.
(ii)
Pre-orders. The JP4 will be available for pre-order purchases by friends and family by
March 1, 2015. Any pre-order processed by JPay on or before April 1, 2015 will have a
guaranteed delivery date to the Facility of no later than May 1, 2015. Thereafter, any JP4
ordered will be delivered to the Facility within thirty (30) days after the order is placed.
(iii) Inmate Purchases. Inmates may begin to purchase the JP4 through the kiosks on May 1,
2015. JP4's purchased by Inmates will be delivered to the Facility no later than thirty (30)
days after an order is placed.
a. Each Inmate may purchase one (1) JP4 unit through the kiosk
b. Except for approved upgrades as noted in 13.5(iv) below, each Inmate can own only
one ( 1) digital player at a time.
c. Each purchased JP4 shall be configured specifically for the Inmate to include within
its programing the appropriate Inmate's name and IDOC ID number.
d. Each purchased JP4 will be programmed, packaged and sent by JPay to the Inmate
through the appropriate Facility's property officer. Upon receipt of a JP4, IDOC
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property officers will ensure the JP4 is properly documented in IDOC property logs
and engraved and will then deliver the JP4 and authorized standard accessories to the
Inmate.
e.
Subject to housing restrictions, Inmate sanctions and ECS module access limitations
as set forth below, Inmates will have the ability to download emails, VideoGrams and
photos as often as desired to the JP4, transfer them back to the kiosk and adjust the
configuration of their saved media directly between the JP4 and kiosk.
Access Limitations:
•
•
•
(iv)
Maximum of thirty (30) minutes per session (login to exit)
Minimum of thirty (30) minutes between sessions (exit to login)
Maximum of ten (10) logins per Inmate per day
Upgrades. If upgraded digital player models are introduced by JPay, and the upgraded
model is approved by IDOC, Inmates will be allowed to upgrade their current digital
players to the upgraded model. Inmates can elect to purchase an upgraded model at their
expense. CenturyLink shall ship upgraded, replacement or warranty players to the
appropriate IDOC Facility's Property officer. Such shipment shall contain the digital
players plus a complete list of the Inmates who should receive them.
8. Electronic Communications. A new section § 13.6 is hereby added to the Agreement immediately
following the new § 13 .5 and shall read as follows:
"13.6 ELECTRONIC COMMUNICATIONS
CenturyLink shall ensure that the ECS module is properly configured to ensure proper creation and
retention of emails, photos and VideoGrams as Stored Information.
(i)
Funding. In preparation for the statewide rollout of the ECS functionality on May 1, 2015,
CenturyLink shall allow the public to place funds used specifically for the purchase of
kiosk-based services ("JPay Credits") into individual Inmate prepaid accounts ("JPay
Media Accounts") no later than March 1, 2015. CenturyLink will ensure that friends and
family have the ability to purchase JPay Credits on-line via the internet or by phone
through a Customer Care Center.
Friends and family shall have the ability to make deposits into an Inmate's JPay Media
Account so that the Inmate can make purchases. When supported by IDOC systems and
infrastructure, CenturyLink shall ensure that Inmates are also able to make purchases using
funds from their IDOC Inmate trust account directly through the kiosk to pay for e-stamps,
music and other Additional Features as they are made available, if any.
CenturyLink is solely responsible for ensuring that JPay's accounting system and processes
are compliant with the tenns of the Agreement, including but not limited to, § 12 thereof.
(ii)
Services. CenturyLink shall ensure that the ECS module can be accessed and utilized
through the kiosks and, subject to inherent technological limitations, on an Inmate's JP4.
CenturyLink shall ensure that the ECS module consists of a minimalist design that is
simple for an Inmate to learn and use, utilizing icons, pictures and simple text. All ECS
transactions are subject to recording, retention and review and there shall be no privileged
or protected communications.
a. Email: Inmates and their friends and family shall be able to communicate via written
text through the ECS module. The Inmate shall be able to compose and send emails
directly from the kiosk or draft an email on the JP4 which will then send said email the
next time the Inmate connects the JP4 to the kiosk.
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1) CenturyLink will ensure that the process of composing, forwarding and sending
an email is similar to the experience of composing, forwarding and sending an
email through any mainstream platform and that the secure email platform.
CenturyLink shall ensure that Inmates are not able to forward any email, photo or
VideoGram.
2) Features such as spell check and word count will be provided and available.
3) Subject to housing restrictions or Inmate sanctions, Inmates shall have the ability
to send the same email to more than one outside recipient.
b. Photo Attachments: The ECS module shall provide a means whereby the public can
attach digital photos to an email and send them to an Inmate via the ECS module.
I) CenturyLink shall ensure that the maximum number of photos that can be
attached to any single email is three (3).
2) Subject to housing restrictions or Inmate sanctions, the ECS module shall allow
the same digital photo(s) to be received by more than one Inmate.
3) Inmates shall have the ability to respond to an email with photos, if any, but the
photos will be removed from the reply.
c.
VideoGrams: A VideoGram is a message containing both audio and video and shall
be no more than 30-seconds in duration.
1) CenturyLink shall ensure that VideoGrams are inbound only and Inmates shall
not be able to create, post, or forward VideoGrams.
2) CenturyLink shall ensure that friends and family are able to utilize their iPhone I
Android, using the free JPay smartphone App, to create and send a VideoGram to
an Inmate.
3) Inmates shall have the ability to respond to an email that the VideoGram was
attached to, if any, but the VideoGram will be removed from the reply.
(iii)
Opt-In Methodology. For the ECS module, IDOC elects to utilize JPay's "opt-in
methodology" wherein members of the public initiate contact with IDOC Inmates.
CenturyLink: shall ensure that the ECS module is configured to allow Inmates to receive an
email from a member of the public who desires to communicate with them once that
member of the public completes the opt-in and registration process with JPay and the
Inmate has registered with the ECS module.
Once the Inmate receives the first communication from a member of the public, the Inmate
will be able to respond to and receive additional incoming emails, including photo
attachments and VideoGrams, from that individual. CenturyLink shall ensure that Inmates
have the ability to block any JPay customer from contacting them.
Neither CenturyLink nor IDOC will require any kind of pre-authorization or visitation
application from the public to exchange emails with or send VideoGrams or photos to an
Inmate. As long as that member of the public has completed the opt-in and registration
process with JPay, he or she will be able to send emails to one or more Inmates.
a. Affirmative Acceptance Notice I Branding: CenturyLink shall develop, provide,
maintain and electronically deliver appropriate affirmative acceptance notices to
Inmates and the public that are similar in content to those of the inmate phone system
as set forth in CSR and consistent with the intent of §4, and more specifically §4.4B
and4.6B thereof.
1) Inmates must affinnatively accept the Kiosk Tenns of Use upon initial
registration at the kiosk as well as on annual basis. The Inmate can also access
the most current Tenns of Use through the kiosk FAQ.
2) The public (inmate friends and family) must affinnatively accept the JPay Terms
of Service upon initial registration for an online or mobile app JPay account.
Additional ECS-based affinnative acceptance is required as follows:
i. Email Terms of Service - prior to each purchase of e-stamps.
ii. Digital Media Player Terms and Conditions - prior to purchasing a
Digital Player for an Inmate
m. JPay Media Account Tenns and Conditions - prior to placing funds on
an Inmate's JPay Media Account.
3) Infonnation contained in and acknowledged, as set forth in 1) and 2) above by
the public and the Inmates will include the following:
ALL FORMS OF ELECTRONIC COMMUNICATION AND INFORMATION YOU
SEND, RECEIVE, PURCHASE, OR DOWNLOAD ARE RECORDED AND
ARCHIVED BY THE KIOSK SYSTEM INDEFINITELY. ELECTRONIC
COMMUNICATIONS MAY BE MONITORED AND REVIEWED BY IDOC STAFF
AT ANY TIME. Restrictions on Inmate Access. CenturyLink shall ensure that:
1) Inmates will only be able to communicate with the public through JPay's
restricted and closed secure email platform. No Inmate access to outside
mainstream platforms will be allowed.
2) Inmates will only be able to correspond with members of the public who have
completed the opt-in and registration process with JPay and linked the Inmate to
their account. Inmates will receive a generic notice through the kiosk when the
public has (A) placed funds on the Inmates JPay Media Account; (B) added the
Inmate as a contact; or (C) purchased prepaid e-stamps, media, music or the JP4
for the Inmate.
3) Inmates will have the option to block any JPay customer from contacting them at
any time.
4) Inmates will not be able to communicate using the ECS module with other
Inmates within their own Facility or any other Facility.
(iv)
ECS for Inmates: CenturyLink shall ensure that Inmates are able to log into the kiosk
using their PIN to set up and access kiosk-based services and participate in approved forms
of kiosk-based services. For every Inmate, their user name shall be their Inmate ID number
and their initial PIN shall be their 4-digit birthday month and day (e.g. 1022).
Inmates shall be able to access the ECS module from any kiosk in their housing area or,
subject to any limitations inherent within the Technology Solution, through their JP4.
Features of the ECS module for Inmates shall include the ability to:
1) view and save inbound email;
2) view and save photo attachments;
3) view and save VideoGrams;
4) reply to an email message;
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5) compose a new email to a member of the public who has completed the opt-in
and registration process;
6) utilize JPay's "Photo" app that allows Inmates to save and view all of their
pictures and VideoGrams in one location on their JP4 and the kiosk;
7) review, select, purchase and download digital music;
8) automatically sync the JP4 when connected to the kiosk and allow the Inmate to
adjust the stored material on their JP4 and kiosk with their entire library of
content as maintained in the Technology Solution; and
9) establish and maintain, as required in CSR §4.6.4, their own self-learned PAC list
without any kind of manual entry by CenturyLink or IDOC staff. The ECS
module shall accommodate a minimum of twenty (20) active email addresses per
Inmate.
(v)
Access for Friends and Family: CenturyLink shall ensure that friends and family are able
to set up accounts that allow the individual to participate in approved fonns of ECS with
Inmates. CenturyLink shall ensure that friends and family have the ability to:
1) download the JPay iPhone or Android smartphone or other similar digital device
app, free of charge;
2) purchase electronic stamps (e-stamps) through the JPay app, the web or through
the Customer Care Center and receive an emailed receipt of each e-stamp
purchase;
3) review their purchase history;
4) update payment methods and contact information;
5) access on-line self-help tutorials;
6) contact the Customer Care Center;
7) view privacy policies, system rules and regulations (this is in addition to the
required affirmative acceptance notice discussed in§ 13.S(iii) above);
8) search for an Inmate using the Inmate ID number;
9) send one email to multiple Inmates, subject to IDOC the right to require
configuration limitations and restrictions;
I 0) add or delete an Inmate to their contact list; and
11) compose, send and receive emails, attach and send photos, and create and send
VideoGrams.
There shall be no limit on the number of Inmates a member of the public can
communicate with.
(vi)
Digital Music: Beginning May 1, 2015, CenturyLink shall allow Inmates to search for,
preview, purchase and download digital music to their JP4 through the kiosks.
a. All such purchases will be retained indefinitely within the Technology Solution and
available to Inmates.
b. Once digital music is purchased, Inmates may download purchased music to their JP4
and the kiosks and thereafter, there shall be no cost to move that purchased music
between the JP4 and kiosks.
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i.:
c. CenturyLink understands that IDOC will allow Inmates who purchase a JP4 to retain
their current MP3/MP4 players until the phased-out digital music program reaches its
sunset date of April 30, 2018. No new music will be able to be purchased by Inmates
for the out-going players as of April 30, 2015.
d. IDOC will notify Inmates that, due to licensing and platform restrictions, music from
their current MP3/MP4 players cannot be transferred to the JP4.
(vii)
Security Features: CenturyLink shall ensure that all communications via the ECS module
are managed by Inmate name and ID number, retained indefinitely as Stored Information,
and available for review at an time b authorized IDOC staff. In addition to applicable
security features as provided
, CenturyLink shall ensure
that the following security features are functional on or before May 1, 2015 and operate
continuously as long as the ECS module is provided hereunder.
a. Inmate to Inmate Contact. CenturyLink shall ensure that Inmate to Inmate
communication via ECS is strictly prohibited.
b.
Cent
Link shall ensure that Inmates
Once the watch word list is established, the ECS module will
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3) Onl authorized IDOC staff and authorized Centu
4)
5)
e.
Inmate/Public Watch Lists. Centu Link will ensure that onl authorized IDOC staff
1)
2) When an electronic communication is made or another action
91p •i g c
9. Pilot Site, ECS Testing, and Statewide Rollout. A new section §13.7 is hereby added to the
Agreement immediately following the new § 13.6 and shall read as follows:
"13.7 Notwithstanding any other section in this Amendment Two, IDOC and CenturyLink agree to
test the POS module, and if requested by IDOC the ECS module, at one (1) pilot Facility, the South
Boise Women's Correctional Center (SBWCC). SBWCC is hereinafter referred to as the "Pilot Site."
a. IDOC and CenturyLink will conduct a pilot of the POS module at the Pilot Site,
beginning January 7, 2015 through January 27, 2015 ("POS Pilot Period").
b. During the POS Pilot Period, CenturyLink shall work with Keefe to ensure that
commissary features, security protocols and functionality are fully functional.
CenturyLink and Keefe will work diligently to address any defect, anomaly, or
hardware/system that may come up during the Pilot Period. CenturyLink shall ensure
that any identified defect, anomaly, or hardware/system issue is addressed and resolved
by the February 2, 2015 launch of kiosk-based commissary ordering as noted in §13.3(vi)
hereof.
c.
In preparation for the statewide rollout for kiosk-based commissary ordering on
February 2, 2015, CenturyLink shall provide on-site, hands on training for staff and
inmates for all Facilities between February 2 and February 6, 2015. As each Facility
receives their training, kiosks at that location will have the POS module enabled. This
will provide a rolling start for the kiosks with the final Facility being enabled on or before
February 6, 2015. Notwithstanding the foregoing, due to technical challenges and
scheduling conflicts, CenturyLink, JPay, Keefe and IDOC all mutually agreed to an
extension of the go live date to February 16, 2015 with all Facilities being live by
February 21, 2015, consistent with the rolling start discussed herein.
10 IP.1
~ , ..
d. IDOC and CenturyLink may, at IDOC's request, conduct a pilot test of the ECS module
at the Pilot Site not more than two (2) weeks prior to the May I, 2015 launch.
1.
If a defect or failure is identified that impacts all ECS functionality or if funding
services as discussed in § 13.6(i) are not functional as expected, the statewide
ECS module launch may be delayed until the defect or failure is addressed and
the Parties agree in writing upon another launch date.
ii. If a defect or failure is identified in one ECS area (e.g. VideoGrams) but the
other ECS functionality is not affected, the Parties may proceed as planned with
the launch of ECS functionality that is not impacted by the defect or failure.
CenturyLink will correct the identified failure or defect of the impacted ECS
functionality and the Parties will identify in writing another launch date for the
impacted ECS functionality.
10. Pricing. A new section 14.1 (iv) is hereby added to the existing section and shall read as follows:
"(iv) Electronic Communication Services. Inmates will have access to the ECS module to receive,
compose, review, send and retrieve messages, and to view save and view photos and VideoGrams.
Subject to IDOC housing restrictions, all Facilities will have equal access to ECS and will enjoy the
same pricing structure. Only the party sending the electronic communication will be charged for the
transaction. Inmates will be charged for sending emails they create or respond to. CenturyLink will
provide all electronic communication services with no connection fees or surcharges of any sort. The
pricing matrix for ECS is set forth on Exhibit 4 - ECS Pricing, Fees and Deductions, attached hereto
and incorporated herein."
11. Liquidated Damages. A new § 15.4 (iv) is hereby added to the Agreement immediately following
§ l 5.4(iii) and shall read as follows:
"(iv) Performance Failure - ECS. Time is of the essence in the performance of the work specified
herein. If an identified defect or failure as noted in §§13.7 (b) or 13.7 (d) of this Amendment Two
delays the launch, liquidated damages shall accrue to IDOC in the amount of Five Hundred Dollars
and no/I 00 ($500.00) per calendar day per Facility and will continue to accrue until such time as all
ECS functionality is working at all Facilities. Any Time of Performance liquidated damages are due
within ten (10) business days from the date ECS functionality goes live."
12. Applicable Sections. In addition to those elements specifically called out in this Amendment Two,
CenturyLink shall ensure that the ECS module complies with and functions within the scope of this
Amendment Two and the Agreement, has substantially similar staff access controls, accommodates
restrictions, sanctions and suspensions with automatic reinstatement, has Inmate access controls, and
has the same or substantially similar investigation, intelligence tools and reporting capabilities as are
available for Base Services. If there is a conflict between this Amendment Two and the Agreement,
this Amendment Two shall control.
<the balance ofthis page was intentionally left blank>
This Amendment Two shall be effective as of the date of the last authorized signature below.
IN WITNESS WHEREOF, the Parties have caused this Amendment Two to be executed by
their respective duly authorized agents.
CenturyLink Public Communications, Inc.
~Jl...
By:
S,._
~
Paul N. Cooper, General Manager
Date:_
~y,,/~rs_.._c__ _ _____~-
THE STATE OF IDAHO
Idaho Department of Correction
By:_.~~
---·~------------
Date:
L-'l,1-- l ~
Kevin H. Kempf, Director
THE STATE OF IDAHO
Date:._ _dh/'tJOr~
_ _ _ _ _ _ _ __
d-/
12 1p "s c
EXHIBIT 4- ECS PRICING, FEES AND DEDUCTIONS
There shall be no cost to the Inmate or the outside third party to retrieve/view an email. There shall be no
cost to the Inmate to retrieve, save, download or view a photo or VideoGram or to save them to/from the
JP4 or access via the kiosk.
A.
Usage Pricing: The following table represents the number of e-stamps required to send an email,
photo and VideoGram:
ECS Function
Email
Photo Attachment
Videogram
Public Initiated
(inbound)
One (1) e-stamp/email
One ( 1) e-stamp/email
Two (2) e-stamps/email
Inmate Initiated
<outbound)
One (I) e-stamp/email
n/a
n/a
ECS functionality is cumulative based on functionality used. By way of example, if a member of the
public sends an email to an Inmate with one photo and one VideoGram attached, the public would spend
four (4) e-stamps in total for the one communication (1 for the email, 1 for the photo and 2 for the
VideoGram).
The paying party will be charged the appropriate number of e-stamps for each recipient the email, photo
or VideoGram is sent to. By way of example, if Mrs. Jones sends one email to three Inmates, she will be
charged for three (3) e-stamps.
VideGgrams may be sent without being attached to an email.
B.
Purchase Pricing: The following table represents the cost to buy e-stamps under the Agreement
and represents a volume discount. E-stamps have a minimum 5-e-stamp purchase threshold.
Item
Inmate Purchased
Public Purchased
E-stamps .......................... $2.45 for 5 e-stamps ................................... $2.45 for 5 e-stamps
......................................... $4.70 for 10 e-stamps ................................. $4.70 for 10 e-stamps
......................................... $6.75 for 15 e-stamps ................................. $6.75 for 15 e-stamps
......................................... $8.60 for 20 e-stamps ................................. $8.60 for 20 e-stamps
......................................... $20.00 for 50 e-stamps ............................... $20.00 for 50 e-stamps
JP4 Digital Device ........... $49.99 plus applicable taxes ...................... $49.99 plus applicable taxes
Digital Music ................... $1.29 - $1.99/song ...................................... $1.29 - $1.99/song
......................................... Discounted for full albums ......................... Discounted for full albums
Future Offerings in 2015•
JPS Digital Device .......... $99.99 plus applicable taxes ...................... $99.99 plus applicable taxes
•ifapproved by !DOC
C.
Fees and Charges: The following table represents those fees and charges that can be charged to
any Inmate or friend or family member and no other fees, charges or deductions are authorized:
Description
Amount
Type/Frequency
Who Pays
E-starnp purchase
none
($2.45 min. purchase for 5 e-stamps)
none
n/a
JP4 Purchase
none
n/a
none
Friends & family paid fee for funding an Inmate JPay account:
Web based purchases
$3.50
per transaction
Customer Service purchases
$4.50
per transaction
friends & family
friends & family
EXHIBIT 5 - KIOSK GUIDE
CenturyLink will poste the following text, in signage approved by IDOC, on or near each kiosk, as
pennitted by each Facility until such time as IDOC posts is fonnal ECS rules.
•
•
•
•
•
•
Absolutely NO food or drinks are allowed around the kiosks.
NEVER spray the kiosks directly with any kind of cleaner! Wipe down the kiosks by spraying cleaner
LIGHTLY on a rag and wiping down kiosk surfaces.
You can only use the kiosks associated with your housing unit.
The kiosk system allows you to log into the kiosk up to ten (10} times per day (subject to facility
restrictions).
Each session is a maximum of 30 minutes.
You must wait a full 30 minutes between sessions. You cannot log in again until 30 minutes has
passed from the time you exited your last session.
PROTECT YOUR ACCOUNT AND YOUR FUNDS!
•
•
•
Do not walk away from the kiosk until you have completely exited out of the system (you should see
the nonnal log in screen}.
Never give your password to or share your security questions with anyone else.
You are STRONGLY encouraged to change your password from the default and continue to change it
from time to time.
/DOC a11d Ce11t11ryLi11k are NOT respo11sible for lost or stole11 fimds
IF YOU HAVE A QUESTION OR PROBLEM, TRY THE FOLLOWING (IN THIS ORDER):
•
•
Use the kiosk self-help guides and tutorials to try to find a solution yourself
Ask a staff member
IF YOU DON'T FIND AN ANSWER OR GET THE HELP YOU NEED:
•
•
For kiosk-related issues (connectivity issues, kiosk repairs, password resets, frozen screen, etc.),
submit a "trouble ticket" electronically using a kiosk.
For Commissary I Property issues (missing menu items, incorrect order, refund requests, warranty
issues etc.) send a normal hand-written "concern fonn" (also known as a kite) to Keefe.
NOTICE: ALL FORMS OF ELECTRONIC COMMUNICATION AND INFORMATION YOU SEND,
RECEIVE, PURCHASE, OR DOWNLOAD ARE RECORDED AND ARCHIVED BY THE KIOSK
SYSTEM INDEFINITELY. ELECTRONIC COMMUNICATIONS MAY BE MONITORED AND
REVIEWED BY IDOC STAFF AT ANY TIME.
14 11' a
;!.
c
C014-0l 7 AMENDMENT THREE
THIS AMENDMENT THREE to Agreement C014-017 for Inmate Communication
and Kiosk-Based Technology Access, dated
6~ I
, 2015, is made by and
between CenturyLink Public Communications, Inc.,enturyLink) and the Idaho Department of
Correction (IDOC), collectively hereinafter referred to as the "Parties."
WHEREAS, pursuant to the authority provided in Idaho Code §67-5717 and §67-5732
and Idaho Administrative Procedures Act (IDAPA) Rule 38.05.01.032, IDOC entered into the
Agreement for the provision of inmate telephone and kiosk-based services in correctional
Facilities within the State of Idaho;
WHEREAS, through Amendment One the Parties made adjustments to several sections
including §§6.2, 9.3, 10.10, 13.l(vii), 14.1, Appendix C and Exhibit l;
WHEREAS, as part of the Agreement and CSR response provided by CenturyLink, the
Parties agreed that over time IDOC may implement certain Additional Features, as mutually
agreed, into !DOC Facilities as it relates to kiosk-based services;
WHEREAS, the Parties desire to set forth the contractual obligations, roll-out schedule,
functionality requirements and performance measures surrounding those certain Additional
Features identified herein; and
WHEREAS, the Parties are nearing completion of the kiosk installation and are moving
forward with the launch of kiosk-based commissary ordering as set forth in § 13 .3 of the
Agreement; and
WHEREAS, the parties have memorialized through Amendment Two the introduction
and launch of kiosk-based services through the ECS module.
NOW THEREFORE, for valuable consideration, IDOC and CenturyLink mutually
agree to amend the Agreement as follows:
1. Operating Standards and Applicable SOP. Section 5 of the Agreement is hereby amended
to include the following immediately after subsection (xviii) as set forth on Amendment One:
"(xix) Policy I 04 Tobacco Free Environment
(xx) Policy 122 Security Staff and Non-Security Staff Grooming Standards and Dress
Code
2. Privileged, Do not Record Numbers and/or Free of Charge Numbers. Section 13. l (vii),
as amended through Amendment One, is hereby further amended to include the following
sub-paragraph b) immediately following the current sub-paragraph a):
"b) IDOC will obtain an electronic copy of the Idaho State Bar's active attorney directory
via electronic means and forward same to CenturyLink to upload and properly flag in the
Enforcer system. The Idaho State Bar charges $100.00 annually for these electronic files.
IDOC will remit payment to the Idaho State Bar upon receipt and will subsequently invoice
CenturyLink for reimbursement of the $100.00. CenturyLink shall remit payment within
thirty (30) days of receipt of invoice."
llPog.e
3. Protecting Funds and Refunds. For purposes of the Agreement, the following revision will
be retroactively applied to the Services Commencement Date. Section 12.2 (ii) Refunds for
Unused Phone Time is deleted in its entirety and the following substituted therefor:
"(ii) Refunds for Unused Phone Time - Inmates. CenturyLink shall facilitate any requested
refund from any Inmate who has been released from an IDOC facility or moved to a county
jail or out-of-state housing facility or in the event of an inmate's death. Only refunds
consisting of $3.00 or more will be processed.
Inmates shall be required to utilize the most current version of the Inmate Telephone Debit
Refund Form (the "Refund Form") provided and maintained by CenturyLink. The Refund
Form can be obtained through the Inmate's IDOC release packet and/or on-line through the
following website: http://www.centurvlink.com/corrections/IDOC/fag.html#fag5.
Except as noted in Attachment 3 of the Agreement, CenturyLink will not process refund
requests made by any inmate who remains housed in an IDOC facility.
4. Protecting Funds and Refunds. A new Section 12.2 (iii) Refunds for Unused Phone TimePublic is hereby added immediately following the new Section 12.2 (ii):
"(iii) Refund for Unused Phone Time - Public. In accordance with its own internal policies
and with Attachment 3 of the Agreement, CenturyLink shall process refunds for the public.
Only refunds consisting of $3.00 or more higher will be processed."
5. Unclaimed Property. As of the effective date of this Amendment Three, IDOC no longer
retains any funds on behalf of any Inmate and therefore has no further obligation to the State
of Idaho as it may relate to unclaimed property laws.
As of the date of this Amendment Three, Century Link assumes any and all liability for all
funds it holds on behalf of Inmates, for all refunds processed and for any funds CenturyLink
may retain which go unclaimed by Inmates or the public. CenturyLink is solely responsible
for determining if it is subject to Idaho Code 14, Chapter 5, as applicable, for processing any
unclaimed funds through the Idaho State Treasury's escheatment process, and if so, for
abiding by the requirements thereof. IDOC has no liability for any unclaimed funds
CenturyLink may hold and CenturyLink shall indemnify, defend and hold the IDOC
harmless for any claim related thereto.
<the balance of this page was intentionally left blank>
2 1Page
This Amendment Three shall be effective as of the date of the last authorized signature below.
IN WITNESS WHEREOF, the Parties have caused this Amendment
executed by their respective duly authorized agents.
'¥o to
be
1hru.. --t}
CenturyLink Public Communications, Inc.
_~
_~_"' _-:>tA-_.·-· - - --
By:_""C"__,f.__
....
6_
· 2_cf._2ar~Date:_ _
_ _ _ __
Paul N. Cooper, Vice President & General Manager
THE STATE OF IDAHO
Idaho Department of Correction
By:~~___.....,_____ _
/~J·_....}J_ _
Date:--+]__
•
Kevin H. Kempf, Director
THE STATE OF IDAHO
Idaho Department of Correction
By=-----~
----
1{tg/ Zot!'
Date:_ _ _ _ _ _ _ _ __
3 1P ng e
..
C014----017 AMENDMENT FOUR
THIS AMENDMENT FOUR to A eement C014-0l 7 for Inmate Communication and
Kiosk-Based Technology Access, dated
t
, 2015, is made by and between
CenturyLink Public Communications, Inc., · CenturyLink) and the Idaho Department of
Correction (IDOC), collectively hereinafter referred to as the "Parties."
WHEREAS, pursuant to the authority provided in Idaho Code §67-5717 and §67-5732
and Idaho Administrative Procedures Act (IDAPA) Rule 38.05.01.032, 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 made adjustments to several sections
including §§6.2, 9.3, 10.10, 13.l(vii), 14.1, Appendix C and Exhibit 1; and
WHEREAS, as part of the Agreement and CSR response provided by CenturyLink, the
Parties agreed that over time IDOC may implement certain Additional Features, as mutually
agreed, into IDOC Facilities as it relates to kiosk-based services; and
WHEREAS, the Parties desire to set forth the contractual obligations, roll-out schedule.
functionality requirements and performance measures surrounding those certain Additional
Features identified herein; and
WHEREAS, the Parties have memorialized through Amendment Two the introduction
and launch of specific kiosk-based services through the ECS module; and
WHEREAS, the Parties through Amendment Three have amended applicable SOP
sections, addressed attorney number upload challenges and modified inmate refund processes;
and
WHEREAS, the Parties desire to introduce another Additional Feature for kiosk-based
services commonly referred to as eCards.
NOW THEREFORE, for valuable consideration, IDOC and CenturyLink mutually
agree to amend the Agreement as follows:
1. eCards. A new section 13.7 is hereby added to the Agreement immediately following the
existing §13.6 that was added in Amendment Two. This new §13.7 shall read as follows:
"13.7 eCards. Beginning September 1, 2015, CenturyLink will offer through the kiosks an
electronic greeting card program known as eCards. eCards will be made available to IDOC
Inmates via the JPay kiosk system and to the general public via www. jpay.com or the JPay
mobile app. eCard categories will include, but are not limited to:
Anniversary I wedding
Birthday
Days of the week
Fun with food
Get well/ encouragement
I love you
I miss you
Just for Fun
Love
Memes
Motivational
Thank you
Popular Holidays such as Easter,
Mother's Day, Father's Day, Valentine's
Day, Christmas, etc.
..
(i)
IDOC may require the removal I deletion of any eCard at any time for any
articulatable security or safety reason.
(ii)
JPay will ensure that eCards cannot be altered or adjusted in any way by the
sender.
(iii)
Inmates and the general public will be able to send and receive eCards, subject to
the following conditions:
a. Any external JPay account customer will have access to eCards to send to
Inmates incarcerated with the IDOC;
b. eCards will be available only to IDOC Inmates who have access to wall-based
kiosks;
c. If through technology and programming JPay can make eCards available to
Inmates who are allowed to access the system using wireless connectivity,
JPay will do so at its earliest opportunity without an additional amendment.
(iv)
eCards will follow the same guidelines and restrictions as digital photos within
the JPay system including the following:
a. eCards must be attached to an email to be sent;
b. the same eCard may be sent to or received by multiple recipients;
c. three (3) are the maximum number of photo and/or eCard attachments that
may be added to any single email..
(v)
An email with an eCard attachment that clears all filters and security protocols
will be delivered to its intended recipient without additional review by IDOC
staff.
(vi)
An email with an eCard attached that is flagged by filters or security protocols
will be held within the JPay system until it can be reviewed by IDOC security
personnel and its disposition detennined.
(vii)
Each eCard will cost one (1) e-stamp. This is in addition to the e-stamp(s)
required for the email itself and for any other photo attachments."
<the balance of this page was intentionally left blank>
2 1Pagc
..
This Amendment Four shall be effective as of September 1, 2015.
IN WITNESS WHEREOF, the Parties have caused this Amendment Four to be
executed by their respective duly authorized agents.
CenturyLink Public Communications, Inc.
By:_~
_\_~-~
-~
------
Date:
Paul N. Cooper, Vice President & General Manager
----------
THE STATE OF IDAHO
Idaho Department of Correction
By:
hY 9
Date:_~_/'J_o_}
\ J_ _
Kevin H. Kempf, Director
THE STATE OF IDAHO
Idaho Department of Correction
By:--+-~......._~
-1 _TL
_ _ _ __
Date:
----------
3 IP a g
~
•
•
C014-0l 7 AMENDMENT FIVE
THIS AMENDMENT FIVE to A~eement C014-017 for Inmate Communication and
Kiosk-Based Technology Access, dated U rt
cS8' , 2015, is made by and between
CenturyLink Public Communications, Inc., (CenturyLink) and the Idaho Department of
Correction (IDOC), collectively hereinafter referred to as the "Parties."
WHEREAS, pursuant to the authority provided in Idaho Code §67-5717 and §67-5732
and Idaho Administrative Procedures Act (IDAPA) Rule 38.05.01.032, 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 made adjustments to several sections
including §§6.2, 9.3, IO.IO, 13.l(vii), 14.1, Appendix C and Exhibit 1; and
WHEREAS, as part of the Agreement and CSR response provided by CenturyLink, the
Parties agreed that over time IDOC may implement certain Additional Features, as mutually
agreed, into IDOC Facilities as it relates to kiosk-based services; and
WHEREAS, the Parties desire to set forth the contractual obligations, roll-out schedule,
functionality requirements and performance measures surrounding those certain Additional
Features identified herein; and
WHEREAS, through Amendment Two the Parties have memorialized changes to several
sections of the Agreement, including §§3.2, 8.8, 8.9, 11.4, 11.6, 13.3, 13.S, 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 have amended several SOP
provisions of the Agreement, including §§5, 12.2, and 13.1, which addressed attorney number
upload challenges and modified inmate refund processes; and
WHEREAS, through Amendment Four the Parties have 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 this Amendment Five the Parties desire to add a new §13.8 to the
Agreement, which will introduce an Additional Feature for kiosk-based services commonly
referred to as the Game Store that will provide video games for purchase and download.
NOW THEREFORE, for valuable consideration, IDOC and CenturyLink mutually
agree to amend the Agreement as follows:
1. The Game Store. A new section 13.8 is hereby added to the Agreement immediately
following the existing §13.7 that was added in Amendment Four. This new §13.8 shall read
as follows:
"13.8 The Game Store. Beginning November 1, 2015, CenturyLink will offer the Game
Store through the wall-based kiosks through which Inmates can preview, purchase and
download video games to their JPS. The Game Store will be made available to IDOC
Inmates via the JPay kiosk system only. The general public will not be able to purchase
video games through the Game Store.
Inmates who received their JP5 player after September 29, 2015 will be provided the Game
Store by simply plugging the device into the wall kiosk and activating the Game Store icon.
For all Inmates who received their player prior to September 29, 2015, JPay will make the
necessary firmware update to allow inmates to purchase, download and play such video
games available through the kiosks. In the event any download is unsuccessful, JPay will
ensure Inmates are made whole through other methods (i.e. replacing the Inmate's player).
As ofNovember 1, 2015, authorized video game offerings include the following:
Game Title
Sudoku
-
Genre
Puzzle
Price
Free
Board
Puzzle
$5.99
$4.99
Casual
$1.99
I
.
~
\
I
I
'
Chess--
-
2048-Fun Puzzle Grune
-- - - -
II
-
11
,,
Rock-Paper-Scissor
I
MiilfW0r1'ciut' ·-----~--·
-
-
-
~
-
Educational $2.99
-
Indy SOCfArcade RaciJig.(JPay Edition)
ExZeus 2 ~JPay .Edition)
~
_.w
4fr
__
·-
·--
--
$7.99
Arcade
$7.99
Strategy
$7.99
Simulation
$6.99
Puzzle
$5.99
_...~
1942 Racific
lii'ont
-
©lbu<ls&Slieep
I
Racing
I
I
- ..
Save tlie ·PUP'Pies
II
(i)
-
-.,.,
_,,.,_-- --·--·
Description
Sudoku is a logic-based, combinatorial numberplacement puzzle game. The objective is to fill a
9x9 grid with digits so that each column, each
row, and each of the nine 3x3 sub-grids that
compose the grid contains atl of the digits from I
to 9.
Chess
Brain training game.
Swipe(Up,Down,Left,Right) to move the titles.
When two tiles with the same number touch, they
merge into one. When 2048 tile is created, the
player wins!
The tablet user plays against the computer by
selecting which option he/she feels will beat what
the computer has. It is a simple and fun j?ame.
This is an educational game which atlows the user
to practice addition, subtraction, multiplication,
and division.
This is a 30 game that atlows the user to race cars
by tilting the player to move the proper direction.
It is fun and allows the user to select their car and
race course.
It is a fantasy based game that requires the user to
direct robots in their efforts to save the planet
from darkness/alien war machines.
This is another strategy game where the user must
direct their troops and naval equipment to beat the
enemy.
The user must take care of their flock of sheep by
controlling the weather, planting and growing
food, and exercise their sheep. If the sheep are
not taken care of, the user will lose their sheeo.
The user must save the puppies from the mean
dogcatcher. They can do this by collecting
needed items for points and making their way
through the maze to free the puoov at the end.
!DOC may require the removal I deletion of any video game at any time for any
security or safety reason.
2 11' a g.:
.
(ii)
As additional video games are developed and ready for deployment by JPay, JPay
may present such new games to IDOC for review and if approved by IDOC in
writing, JPay may launch such games via the Game Store on a date determined by
JPay without additional need of an amendment.
(iii)
Inmates will be able to preview, purchase and download video games, subject to
the following conditions:
a. Games will be available only to IDOC Inmates who have access to wall-based
kiosks;
b. If through technology and programming or some alternative means acceptable
to IDOC, JPay can make the Game Store available to Inmates who are
allowed to access the system using wireless connectivity, JPay will do so at its
earliest opportunity without an additional amendment.
c. Except for inherent JP5 memory limitations, there shall be no limitations on
the number of games an Inmate can purchase."
This Amendment Five shall be effective as of November 1, 2015.
IN WITNESS WHEREOF, the Parties have caused this Amendment Five to be
executed by their respective duly authorized agents.
CenturyLink Public Communications, Inc.
By.
~ a.(L:
Date:
28 Oct 2015
Date:
)\-)-If
Paul N. Cooper, Vice President & General Manager
THE STATE OF IDAHO
Idaho Deparm : .orrectlon
By:
b)
.
Kevin H. Kempf, Director
C014-017 AMENDMENT SIX
THIS AMENDMENT SIX to Agreement CO 14-017 for Inmate Communication and
Kiosk-Based Technology Access, is dated March 17, 2016, is made by and between CenturyLink
Public Communications, Inc., (CenturyLink) and the Idaho Department of Correction (IDOC),
collectively hereinafter referred to as the "Parties."
WHEREAS, pursuant to the authority provided in Idaho Code §67-5717 and §67-5732
and Idaho Administrative Procedures Act (IDAPA) Rule 38.05.01.032, 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 including
§§ 6.2, 9.3, 10.10, 13.l(vii), 14.1, Appendix C and Exhibit l; 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 SOP provisions of
the Agreement, including §§ 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, the Parties through this Amendment Six desire to correct section reference
errors in Amendment Four and Amendment Five; and
WHEREAS, in order to ensure compliance with Federal Communications Commission
Order 15-136 in WC Docket No. 12-375, 80 Fed Reg. 79136 (Dec. 18, 2015) ("FCC Order"),
through this Amendment Six the Parties will modify the approved call types as set forth in
Sections 13.1 and 14.l(i) of the Agreement, adjust the ADP Fee as noted in Section 16.1 of the
Agreement, add an adjustment matrix for the ADP Fee based on calling minutes used, adjust the
per minute calling rate for all call types as set forth on Exhibit I, and adjust applicable
deductions fees and charges as set forth on Exhibit 3.
NOW THEREFORE, for valuable consideration, the Parties mutually agree to further
amend the Agreement as follows:
1. Removal of Collect Calling Option. Section 13.1 of the Agreement is hereby modified to
remove the requirement to offer a standard collect calling option for outgoing calls, effective
as of July 1, 2016. The JCS module will continue to support prepaid collect and inmate debit
calling options as set forth in Section 13. l of the Agreement. The collect calling option will
be removed on July 1, 2016 even if the FCC Order is stayed or otherwise becomes
unenforceable.
l l Page
2. Correction -Amendment Four. The new Section 13.7 eCards as set forth in Amendment
Four is listed incorrectly and is hereinafter corrected to read 13.8 eCards.
3. Correction Amendment Five. The new Section 13.8 The Game Store as set forth in
Amendment Five is listed incorrectly and is hereinafter corrected to read 13.9 The Game
Store.
4. JCS module offerings. Section 14.l(i) of the Agreement is hereby modified to remove the
requirement to offer a standard collect calling option for outgoing calls, effective as of
July 1, 2016. The ICS module will continue to support prepaid collect and inmate debit
calling options as set forth in Section 14.1(i) of the Agreement.
5. ADP Fee. Section 16. l of the Agreement is hereby amended to reflect a new ADP Fee of
$13.65 per Inmate per month. The new ADP Fee rate is effective as of July 1, 2016 and will
be applied to the July, 20 16 ADP Fee payment (paid in August, 2016).
6. ADP Fee Adjustment. A new Section 16.4 is hereby added to the Agreement immediately
following the existing Section 16.3 and shall read as follows:
"16.4 ADP Fee Adjustment. Beginning July 1, 2016, the Parties will monitor the average
phone minutes used per month and review such volume every four months to determine if an
ADP Fee adjustment is required. The per month phone minute average is determined by
taking the total number of billed minutes divided by the average daily population for the
month. If the per month phone minute average for four consecutive months is equal to or
greater than 340 minutes, the ADP fee will automatically be raised to $14.91 per Inmate per
month beginning the next month. If the per month phone minute average drops below 340
for four consecutive months, the ADP fee will return to $13.65 beginning the next month.
By way of example only, if the ADP Fee is $13 .65 and the Parties review of
the per month phone minute average for June at 345, July at 330, August at
350 and September at 342, the ADP Fee would be raised beginning in October
to $14.91 because the four month average is 341.75.
The ADP Fee will be reviewed and adjusted, if appropriate, once every four months
throughout the term of the Agreement; and will follow this pattern: Jul-Oct, Nov-Feb and
Mar-Jun."
7. Exhibit 1 - JCS Pricing. Exhibit 1 - ICS Pricing as set forth in the Agreement is hereby
deleted and shall be replaced by the Revised Exhibit 1 - JCS Pricing, attached hereto and
incorporated herein, effective as of June 1, 2016.
8. Exhibit 3 - Deductions, Fees and Charges. Exhibit 3 - Deductions, Fees and Charges as
set forth in the Agreement is hereby deleted and shall be replaced by the Revised Exhibit 3 Deductions, Fees and Charges, attached hereto and incorporated herein, effective as of
March 17, 2016.
[the balance ofthis page was intentionally left blank}
2 jPagc
IN WITNESS WHEREOF, the Parties have caused this Amendment Six to be executed
by their respective Authorized Representative.
CcnturyLink Public Communications, Inc.
---- \,_______________
~ CTL_--;,-By:___
_
Paul N . Cooper, Vice President & General Manager
THE STATE OF IDAHO
Idaho Department of Correction
By.~A~•
-Kevin
II. Kempf, Bi1ectm
;/t;,uo; A~~~o 1 Dt.f"'~ ~ ''tt:1•,..
{"_(_i_o_(2_-c
_f£
__ _
Date: _ _
REVISED EXHIBIT 1 - ICS PRICING
Effective as of June 1, 2016
Phone Call Pricing for All Facilities
Call Type
Local
In-state
State-to-State
International
p repa1.d
per minute
set up
fee
rate
$$0.11
$0.11
$$$0.11
$$0.80
Inmate Debit
(commissary or
Collect
(collect will NOT be
offered after June 30,
D"irectL"nkT
I
rus t)
setup
fee
$ $ $ $ -
per minute
rate
$0.11
$0.11
$0.1 1
$0.80
set up
fee
$ $ $ $ -
2016)
per minute
rate
$0.1 4
$0.14
$0.14
$0.80
I
REVISED EXHIBIT 3 - DEDUCTIONS, FEES AND CHARGES
Only those fees and charges set forth below can be charged to any Inmate or any friend or family member
with whom the Inmate communicates.
Fees and Charges
Descrmtion
Amount
Account Funding FeeConvenience Fee LIVE AGENT
5.95
TVl>C /Frequcncv
Per prepaid collect funding event
where the public uses an ICS
employee to process payment
Per prepaid collect funding event
where the public uses the ICS
automated interactive voice
response (IVR) system to process
oavment
Per prepaid collect funding event
where the public uses the Internet to
process payment
Traditional collect only - per
monthly billing statement. Single
charge no matter how many calls
are received in any given month
Wh0 p avs.?
friends and family
Account Funding Fee Convenience Fee - IVR
$3.00
Account Funding Fee Convenience Fee WEB
$3 .00
Bill Statement Fee
$2.00
Account Funding
through 3rd parties
(Western Union)
5.50 (WU Swift
Pay)
$9.95 (WU Quick
Collect)
Per funding event. These are
negotiated rates with WU and are
passed through with no
CenturyLink upcharge.
friends and family
Government-Mandatory
Taxes and Fees
Charged to
customer as passthrou!!h only
Per call as applicable
friends and family
friends and family
friends and family
friends and family
SUMMARY OF FEES AND POLICIBS C
CenturyLink's fees are meant to offset certain costs of billing, not create unreported profits. CenturyLink
commits to not charging for:
•
"Regulatory Cost Recovery" surcharges, which are actually not required by regulation
•
Account administration fees
•
Per-call "enhanced billing program" (e.g. text collect, pay now) fees
•
Any fees not allowed by law or regulation
•
Any fees not explicitly stated in the Agreement
In addition, CenturyLink shall not impose any minimum funding requirements nor set any maximum
funding ceilings on any deposit or payment transaction
s I r a g i:
C014-017 AMENDMENT SEVEN
THIS AMENDMENT SEVEN to Agreement C014-017 for Inmate Communication
and Kiosk-Based Technology Access, is dated March 17, 2017, is made by and between
CenturyLink Public Communications, Inc., {CenturyLink) and the Idaho Department 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, 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 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 SOP provisions of
the Agreement, including §§ 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
Inm~tes 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 Sections 13.1and14.l(i) of the
Agreement, adjusted the ADP Fee as noted in Section 16.1 of the Agreement, added an
adjustment matrix for the ADP Fee based on calling minutes used, 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 this Amendment Seven the Parties desire to {i) correct a Standard
Operating Procedure ("SOP") reference in §5; (ii) amend §I 0.11 to establish a health check
report; (iii) provide for tax exempt status for certain inmates at the ICI-0 Facility; (iv) amend the
reporting requirements set forth on Appendix C of Amendment One; and (v) amend the stamp
e- stamp price set forth on Exhibit 4 of Amendment Two.
NOW THEREFORE, for valuable consideration the Parties hereto mutually agree as
follows:
1)
Standard Operating Procedures: The Parties hereto correct the reference to
the SOP identified in subpart 5.(ii), by deleting the term "SOP 114.04.02.001 Funds: Inmate"
and substituting therefor the tenn "SOP 114.03.03.24 Funds: Inmate."
2)
System Health Checks and Post-Acceptance Up-Time. Section 10.11 of the
Agreement is hereby deleted in its entirety and the following substituted therefor:
"10.11 System Health Checks and Post-Acceptance Up·Time. CenturyLink will
regularly and routinely perform system health checks which monitor the overall
Technology Solution to ensure it is functioning as intended. CenturyLink will, subject to
events of Force Majeure, ensure that the Technology Solution per Facility shall not be
unavailable for more than fifty-three (53) minutes per year per Facility ("PostAcceptance Up-Time").
To help identify Post-Acceptance Up-Time, and in addition to those reports listed in
Section 8.5, Reporting Requirements, CenturyLink. shall provide the Contract
Administrator with a "Network Report" that provides the circuit availability percenta~e
and the bandwidth utilization percentage for each circuit supporting the Technology
Solution. Reporting requirements for the Network Report are set forth on Appendix C Reports. Other reports may be developed and provided over time as requested by IDOC
and mutually agreed to by the Parties."
1)
Tax Exempt. A new Section 12.3 Tax Exemption is hereby added to the
Agreement immediately following the § 12.2 and shall read as follow:
"12.3 Tax Exemption. Under current state law, as set forth in IDAPA 35.01.02.091,
Native Americans "may make sales tax free purchases if these purchases are made within
the boundaries of an Indian Reservation. The retailer must insist upon proof of the fact
that a purchaser is an enrolled member of an Indian tribe." The ICI-0 Facility is located
within Nez Perce reservation boundaries; therefore, when required by state law, JPay
shall not collect from enrolled members of Indian tribes who are housed at the ICI.O
Facility any state sales tax on JPay purchases.
Inmates claiming this exemption will provide IDOC with paperwork supporting their
claim as a registered Native American (i.e., member of an Indian tribe) and compJete the
proper Idaho State Tax Commission Form Exemption Certificate (ST-101). The Contract
Manager will provide JPay with a current list of Inmates claiming the sales tax
exemption, with all completed ST-101 forms. Upon detennining eligibility for tax
exempt status, JPay will cease charging state sales tax to those inmates. In the case of an
eligible inmate's request for repayment of prior sales tax collected by JPay, JPay will
promptly refund any paid state sales tax to the inmate through the irunate's JPay account.
JPay shall maintain all retailer records required to confirm tax-exempt status, respond to
tax inquiries and audits, and comply with all applicable tax laws."
4)
Appendix C, as amended through Amendment One, is hereby deleted in its
entirety and replaced with the Replacement Appendix C, attached hereto and incorporated
herein.
5)
Exhibit 4. as created through Amendment Two, is hereby deleted in its entirety
and the replaced with the Replacement Exhibit 4, attached hereto and incorporated herein.
2 ! Page
IN WITNESS WHEREOF, the Parties have caused this Amendment Seven to be
executed by their respective Authorized Representative and effective as of the last signature
noted below.
CenturyLink Public Communications, Inc.
By:
<?rn
\ ~~
Paul N. Cooper, Vice President & General Manager
THE STATE OF IDAHO
Idaho Department of Correction
+1-"'1 ~a•
By:
Henry Atencio, Director
Date:
a~ / os / z-bt7
3 IPa gc
Appendix C - Reports
Report Description: Service Level Report
Report Format: Excel or other mutually acceptable, searchable fonnat
Report Due: Monthly
Requirements:
CenturyLink shall maintain in Excel or other mutually acceptable and searchable
fonnat, documentation of Priority Level One tickets. Such report shRU contain, at a minimum:
i.
the type of service call requested;
ii.
the date I time received;
iii.
the date I time CenturyLink's technician(s) responded:
iv.
the type of response (remote, on-site or both)
v.
the type of repair or problem found; and
vi.
when the repair or problem was corrected.
111
By the 15 of each month, CenturyLink shall email the monthly Service Level Report to the Contract
Administrator for the prior month.
Report Description: Grievance Log
Report Format: Excel or other mutually acceptable, searchable format
Report Due: Monthly
Requirements:
CcnturyLink shall maintain auditable records documenting each concern form or
grievance received and responded to and shall include at a minimum:
i.
the name (first and last) and IDOC Inmate number;
ii.
the date/ lime received;
iii.
generalized recap of t11e issue
iv.
CenturyLink's response; and
v.
the date returned to the Inmate
By the l 511t of each month, CenturyLink shall email the Monthly Concern I Grievance Log to the Contract
Administrator for the prior month.
Report Description: Network Report
Report Format: Excel or other mutually acceptable, searchable format
Report Due: Quarterly as follows
•
•
•
•
Jan-Mar due by April 15th
Apr-Jun due by July 15th
Jul-Sep due by Oct 15th
Oct-Dec due by Jan 15th
4 [Page
Requirements:
CentwyLink shall maintain in Excel or other mutually acceptable and searchable
fonnat, a network Report shall contain information substantially similar to that noted in the table
below and shall include a cumulative average at the bottom totaling all Facilities.
Circuit ID
Facility
Circuit
Availability %
Bandwidth
Utilization %
DS tIT-17189828
CAPP
~9.66
9.53
DS lIT-17189819
ISCI
98.75
9.43
-
5 1Page
EXHIBIT 4 - ECS PRICING, FEES AND DEDUCTIONS
There shall be no cost to the Irunate or the outside third party to retrieve/view an email. There shall be no
cost to the hunate to retrieve, save, download or view a photo or VideoGram or to save them to/from the
digital device or access via the kiosk.
Usage Pricing: The following table represents the number of e-stamps required to send an email,
photo and VideoGram:
A.
ECS Function
Email
Photo Attaclunent
Videogram
eCard (one)
Inmate Initiated
(outbound)
One (1) e-stamp/email
n/a
n/a
One (1) e-stamp plus email
Public Initiated
(inbound)
One (1) e-stamp/email
One (1) e-stamp/photo plus email
Two (2) e-starnps plus email
One (1) e-stamp plus email
ECS functionality is cumulative based on functionality used. By way of example, if a member of the
public sends an email to an Inmate with one photo and one VideoGram attached, the public would spend
four (4) e-stamps in total for the one communication - 1 for the email, 1 for the photo and 2 for the
VideoGram). The sender will be charged the appropriate number of e-stamps for each recipient the email,
photo or VideoGram is sent to. By way of example, if Mrs. Jones sends one email to three Inmates, she
will be charged three (3) e-stamps. VideoGrams may be sent without being attached to an email. Photos
must be attached to an email however if no text is included, the sender is charged only one e-stamp for the
photo.
One e-stamp will send one page of text (approximately 6,000 characters) and for each additional page
sent the sender will be charged one additional e-stamp.
B.
Purchase Pricing: The following table represents the cost to buy e-stamps under the Agreement
and represents a volume discount. E-stamps have a minimum 5-e-stamp purchase threshold.
Item
Inmate Purchased
Public Purchased
E-stamps .......................... $2.35 for S e-stamps ................................... $2.35 for 5 e-stamps
......................................... $4. 70 for 10 e-stamps ................................. $4. 70 for 10 e-stamps
......................................... $6. 7S for 15 e-stamps ................................. $6. 7S for 15 e-stamps
......................................... $8.60 for 20 e-stamps ................................. $8.60 for 20 e-stamps
......................................... $20.00 for SO e-stamps ............................... $20.00 for SO e-stamps
JPS Mini Tablet ............... $49.99 plus applicable taxes ...................... $49.99 plus applicable taxes
Digital Music ................... $1.29 - $1 .99/song...................................... $1.29 - $1 .99/song
......................................... Discounted for full albums ......................... Discounted for full albums
JPS-S Tablet .................... $129.99 plus applicable taxes .................... $129.99 plus applicable taxes
C.
Fees and Charges: The following table represents those fees and charges that can be charged to
any Irunate or friend or family member and no other fees, charges or deductions are authorized:
Description
Amount
Type/Freguency
Who Pays
E-stamp purchase
none
($2.3S min. purchase for Se-stamps)
none
n/a
JPS Purchase
none
n/a
none
Friends & family paid fee for funding an Inmate JPay account:
Web based purchases
$3.SO
per transaction
Customer Service purchases
$4.50
per transaction
friends & family
friends & family
61Pa g
I!
Document Name:
C014-017 Amendment Seven
Contractor:
Centurylink
J.McKay
K.Frashier
P.Donaldson
Legal (E.MacMaster)
Comments/Notes
sAt/tz
(i) correct a Standard Operating Procedure ("SOP") reference in §5; (ii) amend
§ 10.11 to establish a health check report; (iii) provide for tax exempt status for
certain inmates at the ICl-0 Facility; (iv) amend the reporting requirements set forth
on Appendix C of Amendment One; and (v) amend the e-stamp price set forth on
Exhibit 4 of Amendment Two
C014-017 AMENDMENT EIGHT
THIS AMENDMENT EIGHT to Apeement C014-017 for Inmate Communication and
Kiosk-Based Technology Access, dated ~~\~ I
, 2017 is made by and between
CenturyLink Public Communications, Inc., ( enturyLink) and the Idaho Department 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, 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 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 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.l and 14.l(i) of the
Agreement; adjusted the ADP Fee as noted in § 16.1 of the Agreement added an adjustment
matrix for the ADP Fee based on calling minutes used; 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 Standard Operating
Procedure ("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 this Amendment Eight the Parties desire to (i) add SOP 315 to the
list of applicable operating standards; (ii) replace §§ 9.1 and 9.3 to reflect proper procedures for
backgrounds and fingerprints; (iii) add a new digital device offering and promotional purchase
opportunity; and (iv) update the ADP Fee section and provide the applicable payment tiers.
I
I p ;1 ..;
~·
NOW THEREFORE, for valuable consideration the Parties hereto mutually agree as
follows:
1)
Standard Operating Procedures:
Section 5, Operating Standards and
Applicable SOP, as previously amended through Amendment One and Amendment Three, is
hereby amended to include the following SOP immediately following subsection (xx):
"(xxi) SOP 315.02.01.001 Suicide Risk Management and Intervention"
2)
Background Checks: Section 9.1 Background Checks of the Agreement is
hereby deleted in its entirety and the following substituted therefor:
"9.1 Background Checks
IDOC requires a minimum of thirty (30) business days from IDOC's receipt of required
information to complete background checks. CenturyLink shall provide all required
information on the then-current IDOC background form and email it to IDOC's Office of
Professional Standards at backgrounds@idoc.idaho.gov or hand deliver it to 1299 N.
Orchard Street, Suite 110, Boise, Idaho, at least thirty (30) business days in advance of
the need for access. Each submission must include the appropriate submittal form.
CenturyLink shall provide the Contract Administrator with written notice of all
background checks submitted by providing the date submitted and the individual's first
and last name. Once the background check has been completed, IDOC will notify
CenturyLink of each clearance or denial.
All Service Personnel are subject to re-backgrounding every three (3) years or sooner if
IDOC deems it appropriate. If CenturyLink becomes aware of any Service Personnel
individual who is arrested for any reason, CenturyLink shall immediately notify the
Contract Administrator. IDOC will review the situation and determine if that individual
can continue to service IDOC Facilities or if access privileges will be revoked."
3)
Background Check I Fingerprinting Fees: Section 9.3 Background Check I
Fingerprinting Fees of the Agreement is hereby deleted in its entirety and the following
substituted therefor:
"9.3 Background Check I Fingerprinting Fees
CenturyLink will be charged for each background check I fingerprint processed on its
behalf or for any approved Subcontractor. Background fees are charged at the thencurrent IDOC rate. Charges for fingerprinting are made on a pass through basis to
CenturyLink as charged to IDOC by Idaho State Police. CenturyLink will be invoiced by
IDOC on a monthly basis for all backgrounds I fingerprinting completed for the prior
month, payable net 30 days of receipt of invoice. Payment can be made by check or by
electronic transfer (e.g. ACH I EFT) as mutually agreed in writing. Pursuant to 28 C.F.R.
§ 20.33 CenturyLink shall not be entitled to the dissemination of any criminal history
record information obtained as part of the backgrounding process."
4)
13.5 Digital Players. References to the "JP4" in Section 13.5 as set forth in
Amendment 2 are hereinafter changed to read "JP5 mini".
5)
Digital Player Upgrades. Section 13.5 Digital Players, subpart (iv) Upgrades is
hereby deleted and the following substituted therefor:
"(iv) As pennitted under Section 13.S Digital Players of the Second Amendment, the
IDOC has approved the introduction of another JPay digital device commonly referred to as the
JP5s 7" tablet; hereinafter the "JPSs". The JPSs shall sell for $129.99 plus tax and will be
available to all IDOC inmates as of July 1, 2017. The JPS mini remains available at $49.99 plus
tax. IDOC inmates can own one JPay digital device at a time.
6)
13.S{v) Promotional Opportunity - JPSs: A new Section 13.S(v) Promotional
Opportunity is hereby added to the Agreement immediately following Section 13.S(iv) Upgrades
and shall read as follows:
"(v) Promotional Opportunity: From July I, 2017 through August 30, 2017 IDOC
inmates shall have the opportunity to purchase the JPSs at a discounted rate of $80.00.
(a) Inmates who currently own a JP5 mini will be able to purchase a JPSs tablet
for $80.00 plus tax during a 60 day promotional period (July 1 - Aug 31, 2017)
and such JPSs shall replace the inmate's JPS mini. After the 60 day promotional
period all inmates will pay $129.99 plus tax for the JP5s.
(b) First time buyers (those who do not own a JPS mini) will pay $129.99 plus
tax for the JP5s.
(c) All accessories are compatible with JPSs except for the power adaptor, the
screen protector and ann band. The JPSs comes with a separate power adaptor.
Inmates can purchase a screen protector from JPay for the JP5s. Annbands are
not available for the JP5s.
(d) JPay will ensure that all content from the JP5 mini is automatically
transferred to the JP5s tablet once it is credentialed (set up) at the kiosk.
(e) It is acknowledged that under the JPay system, inmates are pennitted only one
active digital device at any given time. Therefore, inmates who currently own a
JP5 mini and elect to purchase the JPSs tablet will have their JP5 mini
malfunctioned (shut down) by JPay.
•
•
•
During the 60 day promotional period, IDOC Property staff will collect
the JP5 mini (plus the power adaptor and USB) when the JPSs tablet is
delivered and will subsequently send the collected players back to JPay at
JPay's cost and expense. Inmates must also mail out, at their expense, the
annband and any screen protectors they may have for the JPS mini.
After the 60 day promotional period, inmates who elect to purchase a JPSs
are responsible for mailing their JPS mini, power adaptor, USB, armband
and screen protectors out of the facility to friends or family at the inmate's
expense.
JPay will ensure that its customer service representatives have the
necessary infonnation to assist friends or family on how to have the
security features removed from the JP5 mini."
7)
ADP Fee: Section 16.1 ADP Fee of the Agreement, as amended through
Amendment Six, is hereby deleted in its entirety and the following substituted therefor:
"16.1 ADP Fee
Beginning July 1 2017, the ADP Fee will be raised to $16.19/inmate/month.
3 11'
,1 ~ .:
Throughout the term the Parties will monitor the average phone minutes used per month
and review such volume every four months to determine if an ADP Fee adjustment is
required. The per month phone minute phone average is determined by taking the total
number of billed minutes divided by the average daily population for the month.
If the per month phone minute average for four consecutive months is lower than 340 the
ADP fee will automatically be adjusted based on the table below:
Minutcs/Inmatc/Month ....................ADP Fee
=I> 340 .............................................$16.19
330.0 to 339.9 ....................................$15.42
320.0 to 329.9 ....................................$14.32
<320 ................................................... renegotiate in good faith
The ADP Fee will be reviewed and adjusted, if appropriate, once every four months
throughout the term of the Agreement; and will follow this pattern: Jul-Oct, Nov-Feb
and Mar-Jun."
8)
Exhibit 4 - ECS Pricing, Fees and Deductions: The statement under "Future
Offerings in 2015*" on Exhibit 4, ECS Pricing, Fees and Deductions as added through
Amendment Two is deleted in its entirety and the following substituted therefor:
"Future Offerings
JP5s Digital Tablet
July 1, 2017"
$129.99 plus applicable taxes (public and inmates) - available
No other changes to Exhibit 4 are being made.
[the balance of this page was intentionally left blank}
4 I"
i .! ••
IN WITNESS WHEREOF, the Parties have caused this Amendment Eight to be executed by their
respective Authorized Representative and effective as of the last signature noted below.
CenturyLink Public Communications, Inc.
By:
~a____
Paul N. Cooper, Vice President & General Manager
THE STATE OF IDAHO
Idaho Department of Correction
By: _
_.7.,..-~.__..~_':)_l L_-"'-'-" " '- -•- - - .....
Henry Atencio, Director
Date: 0
i { O (,j ZtJt7
'
I
C014-017 AMENDMENT NINE
THIS AMENDMENT NINE to Agreement C014-017 for Inmate Communication and
Kiosk-Based Technology Access, dated
.iuAf c:9-S
, 2018 is made by and between
Century Link Public Communications, Inc., (CenturyLink) and the Idaho Department 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, 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 including
§§ 6.2, 9.3, 10.10, 13.l(vii), 14.1, Appendix C and Exhibit l; 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 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 Standard Operating
Procedure ("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.l to provide for ADP Fee payment tiers; and
WHEREAS, through this Amendment Nine, the Parties desire to (i) launch 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.
NOW THEREFORE, for valuable consideration the Parties hereto mutually agree as
follows:
1)
Additional Features - Video Calls. The existing§ 3.2(x) is hereby deleted in its
entirety and the following substituted therefor:
"(x) Remote (off-site) video calls for personal visits with family and friends: Pilot sites
(NICI, ICIO, PWCC and SAWC): approx. June 26 through July 31, 2017. State-wide
launch begins August 1, 2018 and will be a rolling start based on a scheduled developed
by IDOC."
2)
Additional Features-Outbound VideoGrams. A new§ 3.2 (xv) is hereby added
to the Agreement immediately following the current§ 3.2 (xiv) and shall read as follows:
"(xv) Outbound (inmate) VideoGrams or other similar "instant messaging" type service
for short videos sent by the inmate through the kiosk to friends and family who may access
such videos on their mobile devices through JPay's mobile application for iOS and Android
devices. - August 1, 2018"
3)
Contractor Training Course (CTC). Section 6.2, as amended through
Amendment One, is hereby deleted in its entirely and the following substituted therefor and
includes a section title change:
"6.2
New Employee Orientation (NEO)
All Service Personnel are required to attend an IDOC New Employee Orientation (NEO}
training session within six (6) months of hire. This course is designed to familiarize
individuals with the IDOC and the correctional environment, security requirements, how
to safely interact with and engage with Inmates, what to do in an emergency, grooming and
manipulation, and other similar topics. Service Personnel working in IDOC facilities who
attended the !DOC-sponsored training prior to September 201 7 are exempt. Service
Personnel hired after September 2017 are required to attend NEO just once during their
course of employment. There is no charge for Service Personnel to attend NEO; however,
CenturyLink is responsible for all wages and expenses associated with Service Personnel's
attendance at this training. PREA is included in NEO course curriculum so Service
Personnel will not also have to attend an initial PREA training as noted in §6.1 but will be
required to attend an in-person IDOC PREA refresher training every two years."
4)
Cordless Mobile Phones. Section 11.3(i) is hereby deleted in its entirety and the
following substituted therefor:
"(i} Cordless Mobile Phones. Cordless phones introduced into IDOC facilities can be of
whatever make or model CenturyLink determines works best with the deployed inmate
phone system. CenturyLink acknowledges that any cordless phone that is not correctional
grade may require much more frequent replacement or repair at its sole cost and expense.
Any cordless phone introduced into any facility housing unit must have the auto redial and
memory or recall features disabled before deploying into the unit. The On-Site Rep shall
ensure that Inmates are not able to see or access another Inmate's calling information. The
cordless mobile phone solution may utilize an unlicensed portion of the 900 MHz
bandwidth and cannot interfere in any way with radios or other communication equipment
used by Facilities. CenturyLink will ensure that each cordless mobile phone has a
minimum of six (6) hours of active talk time plus 50 hours of standby battery power.
CenturyLink will promptly replace any battery and/or cordless mobile unit that does not
meet this minimum talk time level or any cordless phone which is damaged or otherwise
nonoperational."
5)
JPay purchases and Refunds. A new Section 12.2(iii) is hereby added to the
Agreement immediately following the existing§ 12.2(ii) and shall read as follows:
"(iii) JPay purchases and Refunds. Purchased media content (e.g. music, games, news,
etc.) shall be delivered to the purchasing inmate within 72 hours of purchase confirmation.
In the event the purchased media content is not performing as designed, as determined by
JPay, JPay shall rectify the problem within thirty (30) business days of JPay's first
determination that such content is not performing as intended (the "Correction Period"). If
the problem is not resolved within the Correction Period, JPay shall refund the inmate the
purchase price of the non-performing media content, which may include partial amounts,
if applicable (such as the refunding of non-performing single track in a full album), within
fifteen (15) calendar days following the Correction Period."
6)
Insurance:
substituted therefor:
Section 19.17 is hereby deleted in its entirety and the following
"19.17 Insurance
The insurance requirements set forth below apply to CenturyLink. CenturyLink shall
ensure that any service level agreement or other similar contract with any Subcontractor
providing services, support or hardware/software associated with the Technology Solution
contains insurance and indemnification requirement appropriate for the types of services,
support or hardware I software being provided under the Agreement.
(i)
Insurance
a. Employer's Liability Insurance in the amount of five million dollars
($5,000,000.00) per occurrence.
b. Workers Compensation - CenturyLink shall comply with all Workers
Compensation requirements in the State ofldaho. For worker's compensation
insurance, CenturyLink shall provide either a certificate of worker's
compensation insurance issued by a surety or insurance carrier licensed to write
worker's compensation insurance in the state of Idaho or an extraterritorial
certificate approved by the Idaho Industrial Commission from a state that has a
current reciprocity agreement with the Industrial Commission. Coverage shall
include a waiver of subrogation in favor of the State, its officers, employees,
agents, and volunteers, and the IDOC and its board, officers, employees, agents
and volunteers for losses caused by and to the extent of CenturyLink's
negligence.
c. Commercial General Liability Insurance to include premises and operations,
personal and advertising injury, products and completed operations, liability
assumed under an insured contract, and independent contractors with bodily
injury liability and property damage liability in the amount of five million
dollars ($5,000,000.00) per occurrence. Coverage shall include additional
insured status and a waiver of subrogation in favor of the State, its officers,
directors, employees, agents, and volunteers and the IDOC and its board,
officers, employees, agents and volunteers for losses caused by and to the extent
of CenturyLink's negligence.
d. Commercial Automobile Liability for bodily injury and property damage
including coverage for all owned, hired, and non-owned automobiles with
combined single limit amount of five million dollars ($5,000,000.00) per
occurrence. Coverage shall include additional insured status in favor of the
State, its officers, directors, employees, agents, and volunteers and the IDOC
and its board, officers, employees, agents and volunteers for losses caused by
and to the extent of CenturyLink's negligence.
e. Employee Dishonesty coverage in the amount of one million ($1,000,000) per
occurrence listing the State and the IDOC as Joint Loss Payee.
f. Cyber Liability and Security Insurance covering Stored Information,
Confidential Information, or Cyber Data accessed, created, or received by
Century Link or its Subcontractors with minimum liability limits of $5,000,000
per occurrence and provide coverage for the following risks (collectively,
"cyber-security liabilities"):
1.
Liability arising from theft, dissemination, and/ or use of Stored
Information, Confidential Information, or Cyber Data
11.
Liability arising from the introduction of a computer virus into, or
otherwise causing damage to, a customer's or third person's computer,
computer system, network, or similar computer-related property and the
data, software, and programs thereon
111.
Information or identity theft, misuse of, or unauthorized disclosure of
Stored Information, Confidential Information, or Cyber Data;
iv. Loss of, denial of access to, outages, spread of viruses, and attacks on,
damage to, alteration of or destruction of Stored Information,
Confidential Information, or Cyber Data;
v. Infringement of intellectual property, including but not limited to,
copyright, trademark, multimedia/media, or trade dress infringement or
violations;
vi. Invasion of privacy or the unauthorized release of private information;
and
vu. Extortion or threats of extortion.
Coverage shall include a waiver of subrogation in favor of the State, its officers,
directors, employees, agents, and volunteers and the IDOC and its board,
officers, employees, agents and volunteers for losses caused by and to the extent
of Century Link's negligence.
g. Breach response and sublimit of a minimum of $5,000,000 of the Cyber
Liability and Security Insurance which must cover all reasonable breach
response costs and expenses for cyber-security liabilities, including but not
limited to, investigation, remediation, or victim notification, call management,
credit monitoring and credit checking, legal costs, court attendance and
regulatory fines.
The !DOC shall be notified in writing whenever there are any terminations of insurance
coverages, herein and shall promptly replace such coverage in accordance with the terms
hereof, providing the !DOC with new certificates as appropriate. Notwithstanding the
foregoing, if CenturyLink maintains broader coverage or higher limits than the minimums
shown above, CenturyLink shall ensure that the IDOC and State of Idaho are covered by
the broader coverage or higher limits. Limits of insurance required herein may be any
combination of primary and excess policies.
By requiring insurance herein, IDOC does not represent that coverage and limits shall
necessarily be adequate to protect CenturyLink or any Subcontractor and such coverage
and limits shall not be deemed as a limitation on any of the indemnities granted to !DOC
in this Agreement.
7)
Cyber Breach Notification. A new section 19.34 is hereby added to the
Agreement immediately followings the current Section 19.33 and shall read as follows:
"19.34 Cyber Breach Notification. In the event of a known or suspected breach, hack or
loss (collectively "Cyber Breach") of Stored Information, Confidential Information, or
Cyber Data, CenturyLink must provide the IDOC with written notice within twenty-four
(24) hours of any known or reasonably suspected Cyber Breach. Such notice shall include
the date(s) of the suspected Cyber Breach and a delineation of the type of data or
information which was or which may have been targeted, compromised, or stolen, or which
may have been compromised due to unauthorized disclosure or improper use. Within five
business days of the notification, CenturyLink shall provide the IDOC with a written and
time bound corrective action plan to correct identified failures and a proof copy of the
proposed public and/or stakeholder communication response plan for IDOC review and
approval."
(i)
Stored Information. The Parties hereby delete in its entirety the definition of
Stored Information as set forth on Appendix A and substitute the following therefor:
"Stored Information - Any and all data, information, call details, emails, photos, videos,
and all records and media, regardless of its source of origination or medium, customer
financial transactions and personal information, and all other content, confidential or
otherwise, however obtained, captured, maintained, recorded, retained, stored or archived
through the Technology Solution."
(ii)
Cyber Data: The Parties hereby add the following definition to Appendix A:
"Cyber Data - Any and all electronically based data and financial information related to
Inmate or customer accounts."
8)
Appendix C, as amended through Amendment One and Amendment Seven, hereby
deleted in its entirety and replaced with the Replacement 2 Appendix C, attached hereto and
incorporated herein.
9)
Exhibit 4, as created through Amendment Two and modified by Amendment Seven
is hereby deleted in its entirety and replaced with the Replacement Exhibit 4.1, attached hereto
and incorporated herein.
IN WITNESS WHEREOF, the Parties have caused this Amendment Nine to be executed by their
respective Authorized Representative and effective as of the last signature noted below.
CenturyLink Public Communications, Inc.
r-:>\~<l~ --
By:_ _____.;._ _ _ _ _ _ _ _ _ _ _ __
Paul N. Cooper, Vice President & General Manager
THE STATE OF IDAHO
Idaho Department of Correction
By:~4~
Henry Atencio, Director
~1 ~ f l.O i<I
Date:_ _ _ _ _ _ _ _ _ __
REPLACEMENT 2 - APPENDIX C
Appendix C - Reports
Report Description: Service Level Report
Report Format: Excel or other mutually acceptable, searchable format
Report Due: Monthly
Requirements: Century Link shall maintain in Excel or other mutually acceptable and searchable
format, documentation of Priority Level One tickets. Such report shall contain, at a minimum:
1.
11.
the type of service call requested;
the date I time received;
m.
the date I time CenturyLink's technician(s) responded;
1v.
the type of response (remote, on-site or both)
v.
v1.
the type of repair or problem found; and
when the repair or problem was corrected.
By the l 51h of each month, CenturyLink shall email the monthly Service Level Report to the
Contract Administrator for the prior month.
Report Description: Grievance Log
Report Format: Excel or other mutually acceptable, searchable format
Report Due: Monthly
Requirements: CenturyLink shall maintain auditable records documenting each concern form
or grievance received and responded to and shall include at a minimum:
i.
11.
the name (first and last) and IDOC Inmate number;
the date I time received;
iii.
generalized recap of the issue
1v.
CenturyLink's response; and
v.
the date returned to the Inmate
By the 15th of each month, CenturyLink shall email the Monthly Concern I Grievance Log to the
Contract Administrator for the prior month.
Report Description: Attorney Number Certification
Report Format: Letterhead
Report Due: Semi-Annual (within 30 days of uploads in Nov and May)
Requirements: A letter signed by an authorized officer certifying that attorney numbers loaded
in the Technology Solution are up to date (based on the most recent upload and are properly
flagged as 'Privileged, Do Not Record.'
Report Description: Network Report
Report Format: Excel or other mutually acceptable, searchable format
Report Due: Quarterly as follows
•
Jan-Mar due by April 15th
•
Apr-Jun due by July 15th
•
Jul-Sep due by Oct 15th
•
Oct-Dec due by Jan 15th
Requirements: CenturyLink shall maintain in Excel or other mutually acceptable and searchable
format, a network Report shall contain information substantially similar to that noted in the table
below and shall include a cumulative average at the bottom totaling all Facilities.
Circuit ID
Facility
Circuit
Availability %
Bandwidth
Utilization %
DSlIT-17189828
CAPP
99.66
9.53
DSlIT-17189819
ISCI
98.75
9.43
Replacement EXHIBIT 4.1 - ECS PRICING, FEES AND DEDUCTIONS
There shall be no cost to the Inmate or the outside third party to retrieve/view an email. There
shall be no cost to the Inmate to retrieve, save, download or view a photo or VideoGram or to save
them to/from the digital device or access via the kiosk.
A.
Usage Pricing: The following table represents the cost, in e-stamps to use the kiosk
system:
Inmate Initiated
Public Initiated
ECS Function
(outbound)
(inbound)
Email
One (1) e-stamp/email
One (1) e-stamp/email
Photo Attachment
n/a
One (1) e-stamp/photo plus email
Videogram
Two (2) e-stamps
Two (2) e-stamps
eCard (one)
One ( 1) e-stamp plus email
One (1) e-stamp plus email
ECS functionality is cumulative based on functionality used. By way of example, if a member of
the public sends an email to an Inmate with one photo and one VideoGram attached, the public
would spend four (4) e-stamps in total for the one communication - 1 for the email, 1 for the photo
and 2 for the VideoGram). The sender will be charged the appropriate number of e-stamps for
each recipient the email, photo or VideoGram is sent to. By way of example, if Mrs. Jones sends
one email to three Inmates, she will be charged three (3) e-stamps. VideoGrams may be sent
without being attached to an email. Photos must be attached to an email however if no text is
included, the sender is charged only one e-stamp for the photo.
One e-stamp will send one page of text (approximately 6,000 characters) and for each additional
page sent the sender will be charged one additional e-stamp.
B.
Purchase Pricing: The following table represents the cost to buy e-stamps under the
Agreement and represents a volume discount. E-stamps have a minimum 5-e-stamp purchase
threshold.
Item
Inmate Purchased
Public Purchased
E-stamps ........................$2.35 for 5 e-stamps..............................$2.35 for 5 e-stamps
.......................................$4.70 for 10 e-stamps ............................ $4.70 for 10 e-stamps
.......................................$6.75 for 15 e-stamps ............................ $6.75 for 15 e-stamps
.......................................$8.60 for 20 e-stamps ............................ $8.60 for 20 e-stamps
.......................................$20.00 for 50 e-stamps .......................... $20.00 for 50 e-stamps
Digital Music ................$1.29 - $ l .99/song.................................$1.29 - $1.99/song
....................................... Discounted for full albums....................Discounted for full albums
Video Phone Call ..........n/a ..........................................................$4.99 ( 15 minutes max time)
JPS Mini Tablet.............$49.99 plus applicable taxes .................$49.99 plus applicable taxes
JP5-S Tablet.. ................$129.99 plus applicable taxes ............... $129.99 plus applicable taxes
C.
Fees and Charges: The following table represents those fees and charges that can be
charged to any Inmate or friend or family member and no other fees, charges or deductions are
authorized:
Description
Amount
Type/Frequency
Who Pays
E-stamp purchase
none ............................ none ............................... n/a
($2.35 min. purchase for 5 e-stamps)
JPS Purchase
none ............................ none ............................... n/a
Friends & family paid fee for funding an Inmate JPay account:
Web based purchases
Customer Service purchases
$3.50 .................... per transaction ...............friends & family
$4.50..................... per transaction ...............friends & family
C014-0l 7 AMENDMENT TEN
THIS AMENDMENT TEN to Agreement C014-017 for Inmate Communication and
Kiosk-Based Technology Access, dated zC\ oc.'f
2018 is made by and between
CenturyLink Public Communications, Inc., (CenturyLink) and the Idaho Department 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, 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 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 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. l and 14.1 (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 Standard Operating
Procedure ("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 launched video telephone calls and
outbound VideoGrams; replaced the former contractor training course with a new NEO course;
updated the cordless phone requirements; added a refund requirement for JPay; added cyber
liability and security insurance and indemnification requirements; updated and added definitions
in Appendix A; and replaced Appendix C.
WHEREAS, through this Amendment Ten, the Parties desire to add an educational
offering through Jail Education Solutions, Inc (dba Edovo) for a limited number of facilities and
to include Jail Education Solutions, Inc (dba Edovo) as an approved Subcontractor hereunder.
NOW THEREFORE, for valuable consideration the Parties hereto mutually agree as
follows:
I)
Edovo Educational Platform. A new § 13.10 Edovo Educational Platform is
hereby added immediately following the existing 13.9 Game Store, as added through
Amendment Five, and shall read as follows:
"13.10 Edovo Educational Platform
CenturyLink shall make available to IDOC as an Additional Feature the Edovo
educational platform ("Edovo"), inclusive of all available security protocols in
accordance with §3.2 of the Agreement. Equipment, wiring, configuration and all
installation needs associated with Edovo will be managed, installed, maintained and
Edovo will be provided to the following Facilities as set forth below:
(i) Facilities: .............................. IMSI and ISCC
(ii) Tablets: ............................ .... 120 total to be divided as determined by IDOC
(iii) Charging Stations: .............. 7 total
(iv) Wireless Access Ports: .. .... 7 total, one in each of the following units:
IMSI A-block, Tier 2
IMSI B-block, Tier 1
IMSI J-block, Tier 2
ISCC B-block, Tier 5
ISCC D-block, Tier 2
ISCC F-block, Tier 3
ISCC G-block, Tier 3
Edovo will provide its full education platform to IDOC. Edovo may be utilized by IDOC
and IDOC inmates free of charge as long as the Agreement remains in full force and
effect, including any renewals thereof, and may be expanded to other Facilities or units as
mutually agreed."
2)
Approved Subcontractor. In accordance with Section 19.27 of the Agreement,
the Parties hereto agree that Jail Education Solutions, Inc (dba Edovo) is hereinafter an approved
Subcontractor and permitted to provide and support the Technology Solution.
[the balance of this page was intentionally left blank]
IN WITNESS WHEROF, the Parties have caused this Amendment Twelve to be executed by their
respective Authorized Representatives and effective as of the last signature noted below.
CenturyUnk Public Communications, Inc.
By:
Date: 12 Oct 2018
Paul N. Cooper, Vice President and General Manager
THE STATE OF IDAHO
Idaho Department of Correction
Date:
Henry Atencio, Director
C014--017 AMENDMENT ELEVEN
THIS AMENDMENT ELEVEN to Agreement CO 14-017 for Inmate Communication
and Kiosk-Based Technology Access, dated ~tct ..... su. 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 otherwise terminated as provided herein.
[The balance ofthis page was i11te11tio11al/y left blank.]
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:?~~
Date:
29 Dec 2018
Paul N . Cooper, Vice President & General Manager
THE STATE OF IDAHO
Idaho Department of Correction
Date:
\ Io:? ( "'2..0l 'J
