2013 Kansas DOC Inmate Phone Contract Award

State DOC Contracts • Kansas

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CONTRACT AWARD
Date of Award:

February 1, 2013

Contract ID:
Event ID:

0000000000000000000037748
EVT0001446

Replaces Contract:

10481

Procurement Officer:
Telephone:
E-Mail Address:
Web Address:

Greg Davis
785-296-2770
greg.davis@da.ks.gov
http://da.ks.gov/purch

Item:

Inmate Telephone Services

Agency/Business Unit:

Department of Corrections

Period of Contract:

February 1, 2013 through January 31, 2016
(With the option to renew for two (2) additional one (1) year periods)

Contractor:

Vendor ID:
Local Telephone:
Fax:
FEIN:
Contact Person:
E-Mail:

EMBARQ PAYHONE SERVICES INC
dba CenturyLink
th
5454 West 110 Street
OVERLAND PARK, KS 66211
0000155806
913-534-6002
913-397-3523
59-3268090
Paul Cooper
Paul.N.Cooper@centurylink.com

Payment Terms:

Net 30 Days

Political Subdivisions: Pricing is not available to the political subdivisions of the State of Kansas.
Procurement Cards: Agencies may not use a P-Card for purchases from this contract.
Administrative Fee: No Administrative Fee will be assessed against purchases from this contract.

The above referenced contract award was recently posted to Procurement and Contracts website. The
document can be downloaded by going to the following website:
http://www.da.ks.gov/purch/Contracts/

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EVT0001446
Page 2

AGREEMENT FOR INMATE TELEPHONE SERVICE
BETWEEN
KANSAS DEPARTMENT OF CORRECTIONS
AND
EMBARQ PAYPHONE SERVICES, INC. DBA CENTURYLINK
CONTRACT NO. 0000000000000000000037748
st

AND NOW, on this 1 day of February, 2013, this Agreement is made by and between the
Kansas Department of Corrections, by and on behalf of the State of Kansas, and as approved by the
Kansas Department of Administration Division of Purchases, (hereafter, “State”) and Embarq Payphone
Services, Inc. dba CenturyLink, (hereafter, “Contractor”).
WITNESSETH:
WHEREAS, the Kansas Department of Corrections (KDOC) desires to acquire inmate telephone
service in order to replace an existing contract for its adult offender facilities (“Facilities”), as listed in
Attachment B of this Agreement, which may be modified by KDOC during the term of the contract; and
WHEREAS, State duly issued Request for Proposal No. EVT0001446, on the date of May 15,
2012 soliciting bids from vendors for inmate telephone service; and
WHEREAS, Contractor, a qualified provider of telecommunications services for the corrections
industry, submitted a proposal in response to the RFP.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises contained
herein, it is mutually agreed as follows:
I.

GENERAL TERMS
A.

Scope

Contractor shall provide a turnkey inmate calling solution which shall include, without limitation,
collect, pre-paid collect, debit and free calls. Contractor shall install and operate inmate
telephones and related equipment. Contractor shall, without cost to KDOC, provide all wiring for
the inmate telephones and related equipment, install the inmate telephones and the related
hardware and software specifically identified herein, to enable inmates at the Facilities to
complete without limitation, local, long distance and/or international collect, pre-paid collect, debit
and/or free calls from the Facilities.
B.

Agreement Formation

The Agreement between the parties consists of:
1.
2.
3.
4.
5.

DA146 (Attachment D)
Amendments to this Agreement;
This Agreement;
Request for Proposal No. EVT0001446; and
Contractor’s written proposal.

In the event of a conflict in terms of language among the documents, the above order of
precedence shall govern.

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Page 3

Notices
Any notice required by this Agreement shall be given in writing and delivered in person, by
registered, certified or overnight mail delivery service to the party’s address listed below.
State:
Secretary of Corrections
th
900 S.W. Jackson, 4 Floor
Topeka, KS 66612-1284
ATTN: Chief Legal Counsel

Contractor:
Embarq Payphone Services, Inc. dba
CenturyLink
th
5454 W. 110 Street
Overland Park, KS 66211
ATTN: Paul Cooper

With a copy to:
Kansas Department of Administration
Procurement and Contracts
800 SW Jackson St, Suite 600
Topeka, Kansas 66612-1286
RE: EVT0001446
D.

Agreement Term and Termination
This Agreement shall commence upon February 1, 2013(hereafter, “Effective Date”) and
remain in force for an initial term of three (3) years from the Effective Date stated above,
with an expiration date of January 31, 2016 (hereafter, “Initial Term”). The Agreement shall
not bind, nor purport to bind, State for any contractual commitment in excess of the Initial
Term. However, State, at its sole option, shall have the right to renew this Agreement for
two (2) additional one (1) year terms, with thirty (30) days written notice to Contractor prior
to expiration of the Initial Term or renewal term of the Agreement. In addition, the State
reserves the option to extend this Agreement on a month to month basis past the Initial
term or renewal term(s) to accommodate a transition of service for the Facilities. In the
event State exercises either of these rights, all terms and conditions, requirements, and
specifications of the Agreement shall remain the same and apply during the renewal and/or
month to month extension term(s). This Agreement will not automatically renew.
1.

Breach and Termination
a. In the event either party breaches the Agreement by failing to perform as agreed,
the non-breaching party shall give the breaching party written notice of the failure
stating what failure has occurred. The breaching party shall have thirty (30) days
after the receipt of such notice to remedy the failure. If the breaching party does
not remedy the failure in the allowed thirty (30) days, the non-breaching party
may cancel this Agreement.
b. Contractor is responsible for performing remote diagnostics, monitoring, and
maintenance on the inmate telephone system. In the event that State
experiences a service or equipment outage, Contractor shall repair any such
outage or otherwise restore service within ten (10) days after it receives notice of
or detects a service or equipment outage.

Termination for Cause
a. The State may terminate the Agreement, or any part of the Agreement, for cause
under any one of the following circumstances:

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1. Contractor fails to make delivery of goods or services as specified in this
Agreement;
2. Contractor provides substandard quality and/or workmanship;
3. Contractor fails to perform any of the provisions of this Agreement, or
4. Contractor fails to make progress as to endanger performance of this
Agreement in accordance with its terms.
b. The State shall provide Contractor with written notice of the conditions
endangering performance. If Contractor fails to remedy the conditions within ten
(10) days from the receipt of the notice (or such longer period as KDOC may
authorize in writing), the State shall issue Contractor an order to stop work
immediately. Receipt of the notice shall be presumed to have occurred within
three (3) days of the date of the notice.
3.

Termination for Convenience
a. The Director of Purchases may terminate performance of work under this
Agreement in whole or in part whenever, for any reason, the State shall
determine that the termination is in the best interest of the State. In the event
that the State elects to terminate this Agreement pursuant to this provision, it
shall provide Contractor written notice at least 30 days prior to the termination
date. The termination shall be effective as of the date specified in the notice.
Contractor shall continue to perform any part of the work that may have not been
terminated by the notice.
b. The transition period referred to in Section III of Attachment A of this
Agreement will begin upon termination. Contractor agrees that no penalty shall
be allowed as a result of State’s termination of this Contract prior to its expiration.
Should State terminate the contract for convenience only prior to the Agreement
anniversary date, State shall refund a portion of Contractor’s pre-paid Minimum
Annual Guarantee (described in Section III, Paragraph A, Item 2) on a daily
pro-rated basis.

Rights and Remedies
1.

If the awarded Agreement is terminated, the State, in addition to any other rights
provided for in the contract, may require Contractor to transfer title and deliver to the
State in the manner and to the extent directed, any completed materials. The State
shall be obligated only for those services and materials rendered and accepted prior
to the date of termination.
The rights and remedies of the State provided for in this Agreement shall not be
exclusive and are in addition to any other rights and remedies provided by law.

Force Majeure
Contractor shall not be held liable if the failure to perform under this Agreement arises out
of causes beyond the control of Contractor. Causes may include, but are not limited to,
acts of nature, fires, tornadoes, quarantine, strikes other than by Contractor's employees,
and freight embargoes, etc.

Waiver
Waiver of any breach of any provision in this Agreement shall not be a waiver of any prior
or subsequent breach. Any waiver shall be in writing and any forbearance or indulgence in
any other form or manner by the State shall not constitute a waiver.

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Independent Contractor
1.

Contractor and State, in the performance of the Agreement, shall be acting in their
individual capacity and not as agents, employees, partners, joint ventures or
associates of one another. The employees or agents of one party shall not be
construed to be the employees or agents of the other party for any purpose
whatsoever.
Contractor accepts full responsibility for payment of unemployment insurance,
workers compensation and social security as well as all income tax deductions and
any other taxes or payroll deductions required by law for its employees engaged in
work authorized by this contract.

Staff Qualifications
1.

Contractor shall warrant that all persons assigned by it to the performance of the
Agreement shall be employees of Contractor (or specified subcontractor) and shall
be fully qualified to perform the work required. Contractor shall include a similar
provision in any contract with any subcontractor selected to perform work under this
contract.
Failure of Contractor to provide qualified staffing at the level required by the proposal
specifications may result in termination of the Agreement and/or damages.

Subcontractors
Contractor shall be the sole source of contact for this Agreement. The State will not
subcontract any work under the Agreement to any other firm and will not deal with any
subcontractors. Contractor is totally responsible for all actions and work performed by its
subcontractors. All terms, conditions and requirements of this Agreement shall apply
without qualification to any services performed or goods provided by any subcontractor.

Conflict of Interest
Contractor shall not knowingly employ, during the period of this Agreement or any
extensions to it, any professional personnel who are also in the employ of the State and
who are providing services involving this Agreement or services similar in nature to the
scope of this contract to the State. Furthermore, Contractor shall not knowingly employ,
during the period of this contract or any extensions to it, any state employee who has
participated in the making of this contract until at least two years after his/her termination of
employment with the State.

Confidentiality
Contractor may have access to private or confidential data maintained by the State to the
extent necessary to carry out its responsibilities under this Agreement. Contractor must
comply with all the requirements of the Kansas Open Records Act (K.S.A. 42-215 et seq.)
in providing services under this Agreement. Contractor shall accept full responsibility for
providing adequate supervision and training to its agents and employees to ensure
compliance with the Act. No private or confidential data collected, maintained or used in the
course of performance of this Agreement shall be disseminated by either party except as
authorized by statute, either during the period of this Agreement or thereafter. Contractor
must agree to return any or all data furnished by the State promptly at the request of the
State in whatever form it is maintained by Contractor. On the termination or expiration of
the Agreement, Contractor will not use any of such data or any material derived from the

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data for any purpose and, where so instructed by the State, will destroy or render it
unreadable.
M.

Nondiscrimination and Workplace Safety
Contractor agrees to abide by all federal, state and local laws, rules and regulations
prohibiting discrimination in employment and controlling workplace safety. Any violations of
applicable laws, rules and regulations may result in termination of this Agreement.

Environmental Protection
Contractor shall abide by all federal, state and local laws, rules and regulations regarding
the protection of the environment. Contractor shall report any violations to the applicable
governmental agency. A violation of applicable laws, rule or regulations may result in
termination of this Agreement for cause.

Hold Harmless
1.

Contractor shall defend, indemnify, and hold the State and its affiliates, agents,
employees, officers, directors, and successors harmless from loss, cost, expenses,
damages or liability (including reasonable attorney’s fees) resulting from actions,
causes of action or claims brought or threatened hereunder, for (a) any actual or
alleged negligence or dishonesty of, or any actual or alleged act of commission or
omission by, Contractor or any of its employees, agents or subcontractors; in
providing the equipment and services hereunder, (b) the operation of Contractor’s
business or Inmate Telephone System (ITS); (c) any breach by Contractor of its
obligations hereunder; or (d) any alleged patent, copyright or trademark infringement
or unauthorized use of trade secrets or other proprietary rights in connection with the
ITS, except where such claims, demands or liabilities are due to the negligence of the
State, its agents or employees.

The State agrees to provide Contractor with reasonable and timely notice on any
claim, demand or cause of action made or brought against the State arising out of or
related to the services rendered by Contractor. Contractor shall have the right to
defend any such claim at its sole cost and expense and with its exclusive discretion.
The State will promptly advise Contractor of any proposed agreement to compromise
or settle any claim and Contractor will have 10 days to respond to such proposal.

In the event an infringement claim is made or threatened against the State, or
injunctive relief is granted to a claimant, Contractor shall (a) obtain the right for the
State to continue use of the services; (b) substitute other services of like capability, or
(c) replace or modify the services to render them non-infringing while retaining like
capability. In the event Contractor is unable to perform any of the above, the State
may terminate this Agreement upon 60 days written notice to Contractor. The
remedies provided in this subsection are the State’s sole remedies for Contractor’s
failure to perform any obligation in this subsection.

These indemnities and remedies shall survive the expiration or other termination of
this Agreement.

Contractor shall not be responsible for any injury or damage occurring as a result of
any negligent act or omission committed by the State, including its agents,
employees, and assigns.

The State shall not be precluded from receiving the benefits of any insurance
Contractor may carry which provides for indemnification for any loss or damage to

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property in Contractor's custody and control, where such loss or destruction is to
state property. Contractor shall do nothing to prejudice the State's right to recover
against third parties for any loss, destruction or damage to State property.
P.

Care of State Property
Contractor shall be responsible for the proper care and custody of any State-owned
personal tangible property and real property furnished for Contractor's use in connection
with the performance of this Agreement, and Contractor will reimburse the State for such
property's loss or damage caused by Contractor, normal wear and tear excepted.

Prohibition of Gratuities
Neither Contractor nor any person, firm or corporation employed by Contractor in the
performance of this Agreement shall offer or give any gift, money or anything of value or
any promise for future reward or compensation to any State employee at any time.

Retention of Records
1.

Matters involving litigation shall be kept for one (1) year following the termination of
litigation, including all appeals, if the litigation exceeds five (5) years.

Unless the State specifies in writing a different period of time and in conjunction with
Section III, Paragraph D, Contractor agrees to preserve and make available all of its
books, documents, papers, records and other evidence involving transactions related
to this Agreement for a period of five (5) years from the date of the expiration or
termination of this Agreement.

Contractor agrees that authorized federal and state representatives, including but not
limited to, personnel of the using agency; independent auditors acting on behalf of
the State and/or federal agencies shall have access to and the right to examine
records during the Agreement period and during the five (5) year post contract
period. Delivery of and access to the records shall be at no cost to the State.

Antitrust
If Contractor elects not to proceed, Contractor assigns to the State all rights to and interests
in any cause of action it has or may acquire under the anti-trust laws of the United States
and the State of Kansas relating to the particular products or services purchased or
acquired by the State pursuant to this Agreement.

Modification
This Agreement shall be modified only by the written agreement of the parties with the
approval of the State. No alteration or variation of the terms and conditions of the
Agreement shall be valid unless made in writing and signed by the parties. Every
amendment shall specify the date on which its provisions shall be effective.

Assignment and Mergers/Acquisition
1.

The services to be performed under this Agreement shall not be assigned, sublet or
transferred without 30 days advance written notification to the State and then only
upon Contractor’s receipt of the State’s written consent.

Upon receipt of the State’s written consent, any such purchaser, assignee,
successor, or delegate shall thereupon assume all rights and responsibilities of

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Contractor. However, the State may assign any and/or all of its rights and obligations
hereunder without Contractor’s written consent but upon the State’s written notice
thereof to Contractor (1) to any Affiliate; (2) pursuant to any sale or transfer of all or
substantially all of its business or assets; (3) pursuant to any merger, acquisition or
reorganization; or (4) as part of a bona fide pledge to a third party lending institution
of collateral of the assignor’s rights hereunder.
3.

If Contractor merges or is acquired by another entity, the following documents must
be submitted to the State:
a. Corporate resolutions prepared by the Contractor and the new entity ratifying
acceptance of the Agreement terms, conditions and processes.
b. New Contractor’s Federal Identification Number (FEIN) if applicable.
c. Other documentation requested by the State.

Contractor expressly understands and agrees that it assumes and is solely
responsible for all legal and financial responsibilities related to the execution of this
Agreement. Contractor agrees that utilization of a subcontractor to provide any of the
products/services in this Agreement shall in no way relieve Contractor of the
responsibility for providing the products/services as described and set forth herein.

Third Party Beneficiaries
This Agreement shall not be construed as providing an enforceable right to any third party.

Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable to any extent, the remainder of the Agreement shall not be
affected and each provision of this Agreement shall be enforced to the fullest extent
permitted by law.

Governing Law
This Agreement shall be governed by the laws of the State of Kansas and shall be deemed
executed at Topeka, Shawnee County, Kansas.

Jurisdiction
Contractor and State shall bring any and all legal proceedings arising hereunder in the
State of Kansas District Court of Shawnee County, unless otherwise specified and agreed
upon by the State of Kansas. Contractor waives personal service of process, all defenses
of lack of personal jurisdiction and forum non conveniens. The Eleventh Amendment of the
United States Constitution is an inherent and incumbent protection with the State of Kansas
and need not be reserved, but prudence requires the State to reiterate that nothing related
to this Agreement shall be deemed a waiver of the Eleventh Amendment.

Mandatory Provisions
The provisions found in DA 146a (Contractual Provisions Attachment – Attachment D)
which is attached are incorporated by reference and made a part of this Agreement.

AA. Integration
This Agreement, in its final composite form, shall represent the entire agreement between
Contractor and State and shall supersede all prior negotiations, representations or

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agreements, either written or oral, between the parties relating to the subject matter hereof.
This Agreement between the parties shall be independent of and have no effect on any
other contracts of either party.
BB. Debarment of State Contractors
Any Contractor who defaults on delivery or does not perform in a satisfactory manner as
defined in this Agreement may be barred for up to a period of three (3) years, pursuant to
K.S.A. 75-37,103, or have its work evaluated for pre-qualification purposes. Contractor
shall disclose any conviction or judgment for a criminal or civil offense of any employee,
individual or entity which controls a company or organization or will perform work under this
Agreement that indicates a lack of business integrity or business honesty. This includes (1)
conviction of a criminal offense as an incident to obtaining or attempting to obtain a public
or private contract or subcontract or in the performance of such contract or subcontract; (2)
conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property; (3) conviction under state or
federal antitrust statutes; and (4) any other offense to be so serious and compelling as to
affect responsibility as a state Contractor. For the purpose of this section, an individual or
entity shall be presumed to have control of a company or organization if the individual or
entity directly or indirectly, or acting in concert with one or more individuals or entities, owns
or controls 25 percent or more of its equity, or otherwise controls its management or
policies. Failure to disclose an offense may result in termination of the Agreement.
CC. Immigration and Reform Control Act of 1986 (IRCA)
1.

Contractor is expected to comply with the Immigration and Reform Control Act of
1986 (IRCA), as may be amended from time to time. This Act, with certain limitations,
requires the verification of the employment status of all individuals who were hired on
or after November 6, 1986, by the Contractor as well as any subcontractor or subcontractors. The usual method of verification is through the Employment Verification
(I-9) Form.

Contractor certifies without exception that such Contractor has complied with all
federal and state laws relating to immigration and reform. Any misrepresentation in
this regard or any employment of persons not authorized to work in the United States
constitutes a material breach and, at the State's option, may subject the Agreement
to termination for cause and any applicable damages.

Contractor is expected to be able to produce for the State any documentation or
other such evidence to verify Contractor's IRCA compliance with any provision, duty,
certification or like item under the Agreement.

DD. Worker Misclassification
Contractor and all lower tiered subcontractors under the Contractor shall properly classify
workers as employees rather than independent contractors and treat them accordingly for
purposes of workers' compensation insurance coverage, unemployment taxes, social
security taxes, and income tax withholding. Failure to do so may result in termination of the
Agreement.
EE.

Injunctions
Should the State be prevented or enjoined from proceeding with the acquisition before or
after contract execution by reason of any litigation or other reason beyond the control of the
State, Contractor shall not be entitled to make or assert claim for damage by reason of said
delay.

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FF.

Statutes
Each and every provision of law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and this Agreement shall be read and
enforced as though it were included herein. If through mistake or otherwise any such
provision is not inserted, or is not correctly inserted, then on the application of either party
the Agreement shall be amended to make such insertion or correction.

GG. Materials and Workmanship
1.

Contractor shall perform all work and furnish all supplies and materials, machinery,
equipment, facilities, and means, necessary to complete all the work required by this
Agreement, within the time specified, in accordance with the provisions as specified.

Contractor shall be responsible for all work put in under these specifications and shall
make good, repair and/or replace, at Contractor's own expense, as may be
necessary, any defective work, material, etc., if in the opinion of agency and/or
Procurement and Contracts said issue is due to imperfection in material, design,
workmanship or Contractor fault.

HH. Industry Standards
If not otherwise provided, materials or work called for in this agreement shall be furnished
and performed in accordance with best established practice and standards recognized by
the contracted industry and comply with all codes and regulations which shall apply.
II.

Confidentiality of Health Information
Contractor shall establish and maintain procedures and controls acceptable to the State to
protect the privacy of members’ health information. Unless Contractor has the member’s
written consent, Contractor shall not use any personally identifiable health information
obtained for any reason other than that mandated by this Agreement.

JJ.

Off-Shore Sourcing
If, during the term of the Agreement, Contractor or a subcontractor moves work previously
performed in the United States to a location outside of the United States, Contractor shall
immediately notify the State and the respective agency in writing, indicating the new
location the nature of the work to be moved and the percentage of work that would be
relocated. The Director of Purchases, with the advice of the respective agency, must
approve any changes prior to work being relocated. Failure to obtain the Director's approval
may be grounds to terminate the Agreement for cause.

KK. Price Adjustments
1.

Prices shall remain firm for the entire Agreement period. Any rate adjustments or
commission increases available during the Agreement period shall be offered to the
State. Failure to provide available rate adjustments or commission increases may
result in termination of the Agreement.

Any price changes will be governed by Section III, Paragraph B.

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LL.

Payment
1.

Payment Terms are Net 30 days. Payment date and receipt of order date shall be
based upon K.S.A. 75-6403(b). If applicable, this Statute requires state agencies to
th
pay the full amount due for goods or services on or before the 30 calendar day after
the date the State receives such goods or services or the bill for the goods and
services, whichever is later, unless other provisions for payment are agreed to in
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writing by Contractor and the State. NOTE: If the 30 calendar day noted above falls
on a Saturday, Sunday, or legal holiday, the following workday will become the
required payment date. Further requirements are specified in Section III, Paragraph
C.

Payment schedule shall be on a frequency mutually agreed upon by both the State
and Contractor and as detailed in Section III, Paragraph C.

MM. Upgrades
Contractor shall provide upgrades for any software, firmware, or hardware at no cost to the
State throughout the life of the Agreement and any renewal term(s).
NN. Acceptance
No contract provision or use of items by the State shall constitute acceptance or relieve
Contractor of liability in respect to any expressed or implied warranties.
OO. New Materials, Supplies or Equipment
Unless otherwise specified, all materials, supplies or equipment offered by the Contractor
shall be new, unused in any regard and of most current design. All materials, supplies and
equipment shall be first class in all respects. Seconds or flawed items will not be
acceptable. All materials, supplies or equipment shall be suitable for their intended purpose
and, unless otherwise specified, fully assembled and ready for use on delivery.
Notwithstanding the above, the parties agree that Contractor may utilize existing inmate
telephone instruments installed within KDOC facilities, provided that they are in good
working condition and Contractor performs monthly preventative maintenance checks on
this equipment. Nothing in this paragraph is meant to relieve Contractor of its obligations
under Section XII (General Maintenance) of this Agreement.
PP.

Transition Responsibilities of Contractor
Upon the expiration or termination of this Agreement, should the State award any
succeeding contract for inmate telephone service to a vendor other than Contractor,
Contractor agrees to cooperate fully and in all respects with the State and the newly
contracted vendor in accomplishing an efficient and effective transfer of responsibilities.

QQ. Access to Correctional Facilities; Training of Contractor’s Employees; compliance
with Applicable Law by Contractor and Any Approved Subcontractor
1.

Any civilian employee of Contractor or approved subcontractor shall be subject to an
initial and continuing security clearance by the Wardens of the respective correctional
facilities. A security clearance is required before entrance into the security perimeter
of the Facilities. Contractor shall submit the names of the civilian employees,
together with an authorization for the release of information signed by the employee
on forms provided by the State.

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In recognition of the sensitive nature of correctional facilities, Contractor agrees that
in the event that the Warden of any of the Facilities, in the Warden’s discretion, is
dissatisfied with any Contractor employee who is employed, whether full time or part
time, at that facility, KDOC, acting through the Warden, may deny access of such
employee to the Facility. The facility Warden shall give written notice to Contractor of
such fact and the reasons therefore, and Contractor shall promptly remove the
individual in question from employment at the facility and shall cover with other
appropriate personnel until an approved replacement is found. Contractor shall
include a provision of like effect in its agreement with any subcontractor providing
services on the premises of a correctional facility.

All civilian personnel employed by Contractor or any approved subcontractor
pursuant to this agreement shall attend an orientation program and annual training
designed by the Wardens of the respective Facilities. Contractor’s employees shall
promptly notify staff at the Facilities of any security problems that come to their
attention.

All personnel of Contractor and any approved subcontractor shall comply with the
published and written regulations and policies and procedures of KDOC, with general
orders from the Facility, and the laws of the State of Kansas and the United States of
America. Contractor’s personnel shall adhere to the same standards of personal
appearance as are applicable to non-uniformed staff of KDOC.
Contractor
specifically agrees that its employees will comply with KDOC’s policy regarding
sexual harassment and discrimination.

RR. Resolution of Problems and Disputes
In the event of an operational problem occurring at one or more of the Facilities, Contractor
shall notify the Warden of the particular Facility and KDOC’s Telecommunications Manager
of such problem. If either party believes the other party has violated the terms of this
Agreement, the party having such belief shall notify the other party, in writing, of the alleged
violation. The parties shall then meet and confer on the issue within five (5) days of receipt
of the written notice.
SS.

Captions
The captions and headings used herein are provided solely for purposes of convenience,
and are not intended to limit or define the meaning of the text to which they apply, or to be
used in construing or interpreting this Agreement.

II.

RESPONSIBILITIES OF CONTRACTOR
A.

General Responsibilities
Contractor shall agree to all terms and conditions set forth in this Agreement, and
Contractor shall agree to the specifications, including, but not limited to, the features and
functionalities of the ITS listed in Attachment A of this Agreement. If State designates an
agent, Contractor shall follow State’s direction in working with such Designated Agent.

Surety Bond
Contractor shall furnish a Surety Bond in the form of a bond issued by a Surety Company
authorized to do business in the State of Kansas, a Cashier’s Check, or Irrevocable Letter
of Credit payable to State within ten (10) calendar days after award of the contract and prior
to any installation work or equipment delivery. The Surety Bond must be made payable to

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State in the amount of Twenty-Five Thousand Dollars ($25,000.00) and will be retained
during the full term of the Agreement and/or renewal term(s). No personal or company
checks are acceptable. The Agreement number and the dates of performance must be
specified on the Surety Bond. In the event the State exercises its option to extend the
Agreement for an additional term, Contractor shall be required to maintain the validity and
enforcement of the Surety Bond for the said period term, pursuant to the provisions of this
paragraph, in an amount stipulated at the time of the Agreement renewal.
C.

Insurance
1.

During the period of this Agreement, Contractor, at its own expense, agrees to carry
and maintain the following minimum insurance policy of public liability and property
damage insurance, issued by a casualty company authorized to do business in the
State of Kansas, in standard form approved by the Board of Insurance
commissioners of the State of Kansas and with limits not less than those outlined
below. The insurance company should have a Best Rating of no less than A.
Coverage provisions should insure the State of Kansas and the public from any loss
or damage that may arise to any person or property by reason of services rendered
by Contractor.

Contractor shall provide the State with a 30 day advance written notice of
cancellation or material changes in said insurance.

Annual renewals for the term of this policy should be submitted prior to the expiration
date of any policy.

Contractor shall provide the State a Certificate of Insurance on an original ACORD
certificate, evidencing required coverage described below, within 10 days after
receipt of Notice of Award. Said certificate shall show the State of Kansas as an
additional insured and shall include a waiver of subrogation:
a. Automobile Liability:
 Bodily Injury (Each person)
 Bodily Injury (Each accident)

$250,000
$500,000

b. General Liability (Including Contractual Liability)
 Bodily Injury or Death (per person)
$1,000,000/
 Property Damage (per incident resulting in injury or destruction of property)
$100,000
c. Excess Liability
 Umbrella Form
$1,000,000
d. Workers Compensation

Statutory

The insurance required shall be on either an occurrence basis or on claims made
basis.

State agrees to provide Contractor with reasonable and timely notice on any claim,
demand or cause of action made or brought against State arising out of services
rendered by Contractor. Contractor shall have the right to defend any such claim at
its sole cost and expense and with its exclusive discretion.

For any person or contractor with whom Contractor enters into a contract to provide
the services defined in this Agreement, Contractor must:

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a. Provide a certificate of coverage for all persons providing services on a project,
showing coverage is being provided for the duration of the contract. Coverage
shall be based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements
of Kansas Labor Code.
b. Provide, a new certificate of coverage showing extension of coverage if the
coverage period shown on the current certificate of coverage ends during the
duration of the project.
c.

Retain all required certificates of coverage on file for the duration of the project
and for two years thereafter;

d. Notify State in writing, within ten (10) days after the contractor knew or should
have known, of any change that materially affects the provision of coverage of
any person providing services on the project.
8.

III.

Any subcontracts for the products/services described herein shall include appropriate
provisions and contractual obligations to ensure the successful fulfillment of all
contractual obligations agreed to by Contractor and the State and to ensure that the
State is indemnified, saved, and held harmless from and against any and all claims of
damage, loss, and cost (including attorney fees) of any kind related to a
subcontractor in those matters described in this Agreement.

CALLING RATES, BASIS, GUARANTEE, AND PAYMENT OF COMMISSIONS
A.

Compensation and Reporting
1.

Contractor shall pay State a commission rate of sixty-eight and two-tenths percent
(68.2%) on all Gross Revenue generated by and through the proposed ITS. Gross
Revenue consists of all compensation, earnings, gain, income, generated revenue,
payment, proceeds or receipts paid to or received by Contractor that are in any way
connected to the provision of service pursuant to this Agreement. Gross Revenue
includes, by way of example and not limitation, all the following: all surcharges, per
minute fees and any additional fees and/or charges generated by the completion of
all calls (including any combination of free, collect, debit, and pre-paid local,
intralata/intrastate, intralata/interstate, interlata/intrastate, interlata/ interstate and
international calls), additional fees and/or charges added to the total cost of a call or
added to the called party’s bill or any other compensation received by Contractor.

Contractor shall pay the State an up-front Minimum Annual Guarantee (“MAG”) of
two million three hundred and sixty thousand dollars ($2,360,000.00) for each
year of this Agreement and any renewal terms. The MAG shall be due and payable to
st
the State on February 1 of each year of this Agreement or any renewal terms. If the
sum of commissions calculated on the Gross Revenue (defined in Section III, Item
st
st
A.1 of this Agreement) from February 1 of the preceding year through January 31
of the current year is less than the MAG, the State shall not be responsible for
refunding any portion of the MAG to Contractor. If the sum of commissions
st
calculated on the Gross Revenue from February 1 of the preceding year through
st
January 31 of the current year is greater than the MAG, Contractor shall calculate
the additional commission due the State at the commission rate described in Section
III, Item A.1 of this Agreement. The additional commission shall be payable to the
State as outlined in Section III, Item C of this Agreement.

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Contractor shall pay the State a signing bonus of two-hundred fifty thousand
dollars ($250,000.00) payable within thirty (30) days of execution of this Agreement.

Contractor shall pay commission on total Gross Revenue (as defined above) before
any deductions are made for unbillable calls, bad debt, uncollectible calls, fraudulent
calls, LEC adjustments or any other Contractor expense.

Any additional fees to be added to the called party’s bill or paid by the calling or
called party (including those associated with establishing/funding pre-paid collect
accounts) for inmate telephone calls from the Facilities must be approved by KDOC
prior to implementation. KDOC and Contractor shall mutually agree on the method for
compensation associated with the additional charges/fees due to KDOC.

Any charges/fees added to the called party’s bill without the express written consent
of KDOC shall incur a fine of $350.00 per day from the date the additional
charges/fees were first added through the date the charges/fees were discontinued.
KDOC and Contractor shall mutually agree on charges to be imposed.
a. KDOC shall notify Contractor of any unapproved additional fees and/or charges
of which KDOC becomes aware of and shall provide Contractor with an invoice
for the total fine due, for which Contractor shall remit payment to KDOC within 30
days.
b. Should KDOC and Contractor mutually agree that the charges/fees will be
imposed, KDOC and Contractor shall mutually agree on a method for
compensation.
c.

Should KDOC and Contractor mutually agree that the charges/fees are to be
discontinued, Contractor shall refund each called party for the unapproved
charges/fees from the date the charges/fees were implemented until the date the
charges/fees were discontinued.

Notwithstanding the foregoing, Gross Revenue does not include:
a. Required regulatory charges and taxes that are intended to be paid by the called
party and then remitted 100% by the billing party to the appropriate governmental
agency.
b. A “Free” call shall be defined as a call not generating any revenue or
compensation for Contractor. Calls to telephone numbers that appear on the free
call list supplied by KDOC shall not generate revenue or compensation for
Contractor and shall not be commissionable to KDOC. Only those numbers
designated by KDOC on the free call list shall be marked as “Free” in the ITS and
designated as such in the Call Detail Records. In the event Contractor receives
revenue or compensation, notwithstanding the source, from any third party
related to a completed free call or completes free calls not approved by KDOC,
such calls or revenue shall be included in Gross Revenue and commissionable to
KDOC. KDOC reserves the right to enter a free number in the ITS as deemed
necessary by KDOC and without the assistance of Contractor.
c.

Promotional calls are not commissioned.

A call is deemed complete, and considered part of Gross Revenue (as described
above) , when a connection is made between the inmate and the called party,
whether such connection is established by positive acceptance or by live or
automated machine pick-up (i.e. when the ITS considers a tone from an answering

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machine, voicemail, etc. as acceptance). The call shall be deemed completed and
commissionable regardless if Contractor can bill or collect revenue on the call.
9.

Contractor agrees that it is entirely responsible for calculating, collecting and
remitting all fees and taxes, including sales tax where applicable on all services and
items provided to the inmates. This includes all taxes as applicable for collect, debit,
pre-paid and any other calls or services provided.

10.

Additionally it is expressly understood that KDOC is not responsible in any way,
manner or form for any of Contractor's costs, including but not limited to taxes
(including sales tax), shipping charges, network charges, insurance, interest,
penalties, attorney fees, liquidated damages, licenses, fees, tariffs or other costs
related to Contractor's services.

11.

Commission for debit calls shall be based upon total Gross Revenues (as defined
above) generated from debit call usage and is payable under Section III, Item C.
th

a. On the 5 day following the month of traffic, Contractor shall submit a monthly
invoice and corresponding debit funding report to KDOC for the full amount of the
debit purchases (less any issued refunds) for the prior traffic month.
12.

Any deviation from this process shall automatically cause Contractor to forfeit their
Surety Bond as defined in Section II, Item B.

Rate Requirements
1.

Contractor and State have mutually agreed upon the rates and fees for inmate
telephone calls as detailed in Attachment C. Calling rates shall be defined as the
per minute rate(s) charged to the called party or inmate. Any and all charges and
fees that will be assessed for all collect, debit and pre-paid inmate telephone calls
shall be identified in Attachment C.

Before any new calling rate increases or decreases are implemented, Contractor
must submit a written request to receive approval from KDOC. KDOC will respond in
writing to Contractor’s request.
a. If Contractor decreases the calling rates without the written approval of KDOC,
Contractor shall be responsible for paying commissions on the Gross Revenue
calculated by applying the calling rates prior to the unapproved change.
b. If Contractor increases the calling rates without the express written approval of
KDOC, Contractor shall be responsible for paying commission on the Gross
Revenue calculated by applying the increased rates. Contractor must also issue
refunds to all overcharged end-users or inmates within 5 business days; a list of
the issued credits must be provided to KDOC and its Designated Agent as
documentation. KDOC will not issue a refund of commission paid to Contractor
for unapproved rate increases. If Contractor is unable to issue refunds and/or
provide the required documentation, Contractor shall issue a payment to KDOC
as concession. The payment amount shall be in the amount of Contractor’s
portion of the Gross Revenue generated from the overbilled calls.

Contractor shall implement any rate adjustments requested by KDOC within 4 days
of said request, subject to regulatory approval.

Contractor shall calculate the raw duration of each inmate telephone call in seconds
based on the time the call is accepted and the time the call is terminated by the ITS

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(“Duration Rounding”). For calls where the duration is at least 10 seconds, the
duration, in seconds, shall be rounded up to the next whole minute increment and
shall be converted from rounded seconds to minutes before the calling rates are
applied.
5.

For call rating purposes, mileage calculations shall be completed using airline
distance between serving wire centers associated with the originating and terminating
points of a call (“Mileage Rounding”). The servicing wire centers shall be determined
by the area codes and exchanges of the origination and destination points. The
formula for calculating airline distance is as follows; “V” and “H” coordinates shall be
obtained for the wire centers serving Contractor and the destination point.

During the call rating process, Contractor shall round the raw calculated call amount
to the nearest hundredth decimal place (up or down) using normal accounting
practices (“Calling Rate Rounding”).

Should the number resulting from the formula be a fraction, Contractor shall round
the fraction value to the next higher whole number.

Payment and Reporting
1.

Contractor shall provide monthly commission payments and traffic detail reports to
th
KDOC on or before the 15 day of the month following the traffic month. NOTE: If the
th
15 calendar day noted above falls on a Saturday, Sunday, or legal holiday, the
following workday will become the required payment date. KDOC requests all
payments are sent via a wire transfer. KDOC requires the traffic detail reports be sent
electronically in an exploitable format.

Traffic detail reports shall include a detailed breakdown of all traffic, including but not
limited to, all collect, pre-paid and debit calls down to the inmate level and for each
inmate telephone at the Facilities:
a.
b.
c.
d.
e.
f.
g.
h.

Facility Name;
Facility Identification Number/Site Identification Number;
Facility Address (Street, City, State and Zip);
Automatic Number Identifier;
Inmate Telephone Station Port/Identifier;
Inmate Telephone Location Name;
Local Call, Minutes, Gross Revenue and Commission (per inmate telephone);
Intralata/Intrastate Call, Minutes, Gross Revenue and Commission (per inmate
telephone);
i. Interlata/Intrastate Calls, Minutes, Gross Revenue and Commission (per inmate
telephone);
j. Intralata/Interstate Calls, Minutes, Gross Revenue and Commission (per inmate
telephone);
k. Interlata/Interstate Calls, Minutes, Gross Revenue and Commission (per inmate
telephone);
l. International Calls, Minutes Gross Revenue and Commission (per inmate
telephone);
m. Commission Rate (%);

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n. Total Calls, Minutes, Revenue and Commission Amount (per inmate telephone);
and
o. Traffic Period and Dates.
3.

The Billing Files, in EMI format, shall contain all fields which are legally permitted to
be released, with the contents of said fields in the exact format and exact content as
those files prepared and submitted for billing to the billing company and ultimately
delivered to the called party. The Billing Files shall be accompanied by a complete
file map and complete field legend. The billing files shall include, without limitation,
the following fields:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
aa.
bb.
cc.

Record ID;
Facility Name
Facility ID
From ANI;
To ANI;
Batch Number/ID;
Seconds;
Revenue Period;
Date (yymmdd);
Connect Time (hhmmss);
Billable Time (mmmmss);
Multiple Rate Indicator;
PIN Digits;
Originating City;
Originating State;
Bill City;
Bill State;
Rounded Bill Time Indicator;
Bill Number
LATA ID;
Settlement Code;
Message Type;
Charge Amount
Addition Fees and Line Surcharges
Specialized Calling Indicator
Validation Indicator
Tax Exempt Indicator;
Rate Period; and
Rate Class.

The raw CDRs shall contain all calls (both attempted and completed) which originate
from the Facilities for each day and each time of the day for the period said raw
CDRs are requested. The raw CDRs shall contain the unedited data including all
fields and all field content which is legally permitted to be released. The CDRs shall
be accompanied with a complete file map and complete file legend. The raw CDRs
shall include, without limitation, the following fields:
a.
b.
c.
d.
e.
f.
g.
h.

Facility Name;
Facility ID;
From ANI;
To ANI;
Batch Number / ID;
From City;
From State;
To City;

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i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.

To State;
Station ID;
Phone Name or Location;
Inmate ID;
PIN
Pre-Paid Calling ID;
Revenue Period
Call Start (yymmdd; mmss);
Call End (yymmdd; mmss);
Seconds
Call Type (i.e. local, ect.);
Bill type (i.e. free, collect, ect.)
Cost
Tax
Validation Result
Termination Reason;
LIDB Status; and
Completion Indicator

Contractor shall provide monthly system platform Call Detail Records (“CDRs”) and
Billing Files to KDOC no later than the 15th day of the month following the month of
th
traffic. NOTE: If the 15 calendar day noted above falls on a Saturday, Sunday, or
legal holiday, the following workday will become the required delivery date.
Contractor shall adjust the format of the CDRs and/or Billing Files as requested by
KDOC or its Designated Agent at no cost and throughout the life of the Agreement
and any renewal term(s).

Commission discrepancies must be resolved by Contractor, and to KDOC’s
reasonable satisfaction, within 30 days of receipt of discrepancy notification from
KDOC. If not resolved satisfactorily, such discrepancy will be subject to late charges
described below and/or the contract may be terminated at the discretion of KDOC.
KDOC further retains the right to pursue any other legal remedies it deems
necessary.

Commission payments, traffic detail reports, billing files, CDRs and/or reports not
containing the required fields, received by KDOC after the specified date are subject
to late charges and/or fines.
a. Late charges and/or fines for commission payments shall be equal to 5% per
month of the commission due.
b. Late charges and/or fines for reporting shall be a fee of $750.00 per month for
th
each report not received by the 15 day of the month following the traffic month
or for each report that does not contain all of the fields and information identified
th
above. NOTE: If the 15 calendar day noted above falls on a Saturday, Sunday,
or legal holiday, the following workday will become the required payment date.
c.

If the commission payment is late, reporting is late and/or reports do not contain
all required fields, late charges and/or fines for all three shall apply.

Reconciliation
1.

From the Effective Date of the Agreement and for a period of 5 years after the
termination of the Agreement, with 10 business day’s written notice, KDOC will have
the right to examine and/or reconcile Contractor’s information (records, data,
compensation records) pertaining to the Agreement. KDOC will have the right to

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allow a State Agency or outside entity/consultant of KDOC's choice, perform any or
all audits and examinations pertaining to the contract.
2.

KDOC requires Contractor to maintain accurate, complete and reconcilable records,
in electronic format, detailing the Gross Revenues from which commissions can be
determined. The records shall include all CDRs, EMI billing files, pre-paid card sales
and associated invoices, debit usage reports and associated invoices and
commissioning reports during the term specified.

All CDRs, including all attempted and completed calls, shall be stored online for a
minimum period of 3 years and stored offline for a minimum period of 5 years
following the expiration of the contract. Contractor shall provide detailed information
of its offline storage process. The system CDRs shall be stored in a minimum of 3
locations to avoid any possibility of CDRs being lost.

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ATTACHMENT A
CONTRACTOR RESPONSIBILITIES & INMATE TELEPHONE SYSTEM FEATURES AND
FUNCTIONALITIES
I.

Standards
Inmate telephone services are to be provided and shall comply with all applicable Federal
Communication and/or Utility Commissions regulations relating to inmate telephone service
in correctional facilities.

II.

Installation Requirements
A.

For each installation, Contractor shall submit an implementation plan, which shall
include an installation schedule, for each facility. Initial installations must be
completed within 75 days from the date the State provides written notification that the
RFP has been awarded to Contractor. The implementation plan will become a part of
the Agreement and must be followed.
1. If any portion of the installation is not completed within the timeframe allowed in
the agreed-upon implementation plan, Contractor may incur liquidated damages
in the amount of $500.00 per day for each day beyond the installation date that
the installation is incomplete. However, Contractor shall not incur liquidated
damages if the cause of the delay is beyond the Contractor’s reasonable control.
2. Should Contractor incur liquidated damages, KDOC will invoice Contractor.
Payment of the invoice shall be made to KDOC within 30 days of Contractor’s
receipt of the invoice.

Contractor shall be responsible for all costs associated with the ITS which shall
include but not be limited to, the necessary labor, parts, materials, transportation,
purchase of equipment, wiring, new electrical circuits, cables, installation, service,
maintenance, voice network and transmission, data network, and day-to-day
operation to maintain all proposed telephones in good working order and in
compliance with the equipment manufacturer’s specifications.

Contractor’s ITS shall not be configured to reside on or use KDOC’s network.

Contractor agrees to obtain KDOC’s written approval before making any physical
changes to the facility, such as drilling into walls, floors, ceilings or any other portion
of the Facilities. This includes existing, newly constructed or expanded Facilities.

Contractor shall install the telephones, pedestals, enclosures and ITS equipment and
software in accordance with the manufacturer’s specifications.

All telephone equipment provided shall be fully operational at the time of the initial
installation.

The telephone sets shall be suitable for a correctional environment, stainless steel,
sturdy, non-coin, vandal and tamper resistant; the cord length for the inmate
telephones is specified in Attachment B. Placards containing dialing instructions in
both English and Spanish shall be placed on each phone and shall be replaced each
time an inmate telephone set is replaced. The telephones must not contain any
exterior removable parts.

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Contractor shall post calling rates near each inmate telephone or group of inmate
telephones. Calling rate flyers and/or additional inmate telephone related information
shall be provided by Contractor upon KDOC’s request and at no cost.

Use of existing conduit, raceways, cable, wiring, switches and terminal within the
Facilities is at the risk of Contractor. Exposed wiring is not permitted. Ownership of
any wiring or conduit installed under the Agreement by Contractor becomes KDOC’s
property upon termination and/or expiration of the Agreement.

Contractor agrees that if any cabling work is required as part of any installation, new
cables shall be used and marked clearly and legibly at both ends, and meet all
applicable Electronic Industries Alliance/Telecommunications Industry Alliance
(“EIA/TIA”) wiring standards for commercial buildings and must be approved by the
Facilities maintenance personnel.

At no cost to KDOC, Contractor shall install additional telephones and monitoring and
recording equipment as needed, within 30 days of request. This includes newly
constructed or expanded Facilities.
1. If the installation is not completed within 30 days, Contractor may incur liquidated
damages in the amount of $500.00 per day for each day beyond the installation
date that the installation is incomplete. However, Contractor shall not incur
liquidated damages if the cause of the delay is beyond the Contractor's
reasonable control.
2. Should Contractor incur liquidated damages, KDOC will invoice Contractor.
Payment of the invoice shall be made to KDOC within 30 days of Contractor's
receipt of the invoice.

Contractor shall provide, install, maintain, replace and upgrade adequate surge and
lightening protection equipment on all lines used for the ITS.

All telephone equipment shall be powered by the telephone line, not require an
additional power source and shall have an Uninterruptible Power Supply (“UPS”)
back-up power. A separate power supply shall not be required. A power source will
be available at the demarcation location. Contractor shall provide the UPS back-up
power source to ensure there is no loss of recordings or real time call data in the
event of a power failure.

Installation of all telephones and related equipment shall be accomplished during
normal business hours at the Facilities or as otherwise specified by KDOC.

Contractor shall clean-up and remove all trash and packaging materials resulting
from work performed. Unless otherwise specified by KDOC, no equipment, inventory
or spare parts shall be stored by Contractor at the Facilities.

Contractor shall correct any damage to KDOC’s property caused by maintenance or
installation associated with the ITS, including repairs to walls, ceilings, etc.

Contractor shall install, repair and maintain all Contractor provided equipment and
lines, including but not limited to, any wiring or cable work required from the
demarcation throughout the Facilities. All Contractor-provided equipment, installation,
maintenance, repair costs and all costs or losses due to vandalism shall be the total
responsibility of Contractor.

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Contractor shall provide written documentation indicating that all circuits have been
tested and all cables, pairs, fiber strands, blocks, etc. are legibly marked after
completion of each installation.

Contractor shall
requirements.

III.

Upon completion of the initial installation and any ongoing installations, Contractor
shall provide KDOC with a list of telephone numbers, equipment specifications and
locations of each device/unit.

With the initial installation, Contractor shall transition all segregation phones at El
Dorado Correctional Facility (EDCF) to be on a 1:1 phone-to-station port ratio and to
each be connected to the cutoff switches at no cost to KDOC.

install/mount

its

equipment

accordance

with

KDOC’s

Transition
A.

Upon expiration, termination, or cancellation of the Agreement, Contractor shall
accept the direction of KDOC to ensure inmate telephone services are smoothly
transitioned. At a minimum, the following shall apply:
1. Contractor acknowledges that the CDRs, call recordings, documentation, reports,
data, etc., contained in the ITS are the property of KDOC. KDOC acknowledges
the ITS hardware and software are the property of Contractor.
2. At no cost to KDOC, Contractor shall supply the requested number of
workstation(s) as specified in Attachment B. which shall become the property of
KDOC after expiration, cancellation or termination of the Agreement to allow
KDOC access to all CDRs, call recordings, documentation, reports, data, etc.
contained in the ITS.
3. Contractor shall discontinue providing service or accepting new assignments
under the terms of the Agreement, on the date specified by KDOC. Contractor
agrees to continue providing all services in accordance with the terms and
conditions, requirements and specifications of the Agreement for a period not to
exceed 90 calendar days after the expiration, termination or cancellation date.
Commissions shall be due and payable by Contractor to KDOC at the
percentage provided in the Agreement until collect, debit and/or pre-paid calls
are no longer handled by Contractor.

IV.

Contractor agrees to remove its equipment at the conclusion of the Agreement in a
manner that will allow the reuse of wiring/cabling associated with the ITS.

ITS and User Application Specifications
A.

The ITS shall be capable of providing all operational features and system
requirements applicable to all calls placed through the system, including local, long
distance, and international calling.

The ITS shall be configured to process all or any combination of the following bill
types, without limitation: collect, free, pre-paid collect, pre-paid card, debit and/or
speed dial.

Contractor agrees to install the quantity of telephones, pedestals, enclosures, booths,
etc. required by KDOC as outlined in Attachment B.

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Contractor shall provide a sufficient number of lines, ports, channels, etc. to ensure
inmates are allowed to place calls 99.5% of the time. KDOC reserves the right to
require Contractor to revise its configuration to a 1:1 (telephone to line, port, etc.)
ratio should the configuration installed by Contractor result in inmate complaints for
busy signals or unavailable prompts. Such configuration changes shall be completed
by Contractor at no cost to KDOC.

The reception quality shall meet telecommunication industry standards and shall be
at least equal to the quality available to the general public. All telephone sets
installed must include volume control. Contractor shall accept KDOC’s reasonable
decision regarding whether the reception quality is acceptable.

Call acceptance by the called party shall be accomplished for all calls through DualTone Multi-Frequency (“DTMF”) confirmation (“positive acceptance”). Voice
recognition is not an acceptable method for positive acceptance.

The ITS shall be capable of recognizing and distinguishing standard or irregular busy
signals, standard or irregular ringing signals, answering machines, digital voicemail,
cellular telephones, ring-back tones, chain dialing, etc.

The ITS shall be configured to monitor the switch hook on the telephone sets. If the
switch hook is pushed down or moved from its idle position, the call must be
disconnected immediately and the call prompts must come on to prevent fraud or
unauthorized dialing. Contractor must assume all responsibility for fraud or
unauthorized dialing occurring as a result of the ITS failing to meet this requirement.

With each call, the ITS must provide an automated message to advise the called
party that:
1. The call is coming from a correctional facility;
2. The call is coming from a specific inmate; and
3. The call may be monitored and recorded.

The ITS shall play the call acceptance information to the called party a maximum of
two (2) times. With each call, the ITS shall clearly identify the type of call being
placed to the called party: collect, free, etc. This recording must be free of any
charges.

The ITS shall allow the inmate to record a name only once (with the first call
attempted); the recorded name will be stored in the ITS and shall be played back with
all call attempts. KDOC requires that no more than 2 seconds be allowed for the
inmate to record a name; this setting shall be configurable in the ITS.

The ITS shall process calls on a selective bilingual basis: English and Spanish. The
inmate must be able to select the preferred language at the time the call is initiated.

Contractor shall subscribe to the LEC Line Information Data Base (“LIDB”).
Contractor shall query this database for each collect inmate call and process only
those calls which do not have Billed Number Screening (“BNS”). Contractor must
assume all responsibility for the cost and accuracy of validation.

For calls that are not completed, the ITS shall play a recorded message to the inmate
detailing why the call was not completed. KDOC reserves the right to request
Contractor to modify/revise the recordings at any time during the Agreement at no
cost to KDOC and within 30 days of the request.

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In no event shall the inmate be allowed to communicate with the called party until the
call is positively accepted.

The ITS shall be able to program a specific speed dial code to selected numbers as
determined by KDOC and at no cost to KDOC.

The ITS user application shall allow KDOC to query the CDRs for inmate activities
and calling patterns.

The ITS user application shall allow the following search criteria and filters to be
applied to the CDR queries:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.

Inmate Name (First, Last);
Inmate PIN;
Record Identifier;
Date Range (Start Date/Time and End Date/Tim);
Facility(s);
Called Number;
Originating Number;
Station Port;
Station Name;
Call Type;
Bill Type;
Duration (minimum and maximum);
Call Amount;
Flagged Calls;
Monitored Calls;
Recording Type;
Completion Type;
Termination Type;
Validation Result;
Pre-Paid Card ID Number;
Phone Group; and
Custom Search.

The ITS user application shall allow CDR query results to be exported in a format
selected by KDOC (.csv, PDF, Excel, etc.).

The ITS user application shall be equipped, at a minimum, to generate the following
standard reports in addition to the CDRs:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

Call Statistics by Date Range;
Frequently Called Numbers;
Frequently Used PINs;
Commonly Called Number;
Call Detail Report;
Gross Revenue Report by Date Range;
Facility Totals and Statistics;
Called Party/Number Accepting Report;
Fraud/Velocity Report;
Total Calls;
Calling List (PAN) Report;
Pre-Paid Card Report;
Debit Usage Report;
Debit Balance and Funding Report;
Pre-Paid Card Balance Report;

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16.
17.
18.
19.

Bill and Call Type Distribution;
Phone Usage;
Reverse Look-Up; and
User Audit Trail.

The ITS shall have the capability to customize reports in a form mutually agreed upon
by KDOC and Contractor.

Contractor’s ITS user application shall at a minimum allow:
1.
2.
3.
4.

The creation, modification and deactivation of user accounts;
The creation, modification and deactivation of inmate accounts;
The creation and modification of telephone numbers in the ITS;
Assignment of inmates or an inmate type to an agency, inmate telephone or a
group of inmate telephones;
5. Locating and accessing a specific recording by utilizing a unique recording/call
identifier; and
6. Block/unblock telephone numbers without the assistance of Contractor.
7. Configure an alert that will detect and prohibit a call made to a restricted number,
a call using a restricted PIN, or a call made from a restricted telephone.
W.

Contractor shall ensure continuous diagnostics and supervision for call processing
and call recording. Contractor shall be capable of performing remote diagnostics to
the ITS to determine if a problem exists with the telephone, station port, channel, line,
etc. Remote diagnostic tests will be, at a minimum, run one time each day on each
telephone.

The ITS shall comply with Americans with Disabilities Act (ADA) requirements
including, but not limited to, providing telephones which are accessible to persons in
wheelchairs and providing devices that are compatible with Telephone Devices for
the Deaf (TDD). Contractor shall provide the number of TDD telephones and ports
specified in Attachment B and shall configure the ITS and TDD units for use as
directed by KDOC. At a minimum the following shall apply:
1. Contractor shall provide a speed dial to the Kansas Relay Center at no cost to
KDOC. For such calls, the ITS shall apply near real-time DTMF translation in a
manner mutually agreed upon by the Parties.
2. The ITS shall record and convert to text each TDD call placed through the ITS.
The text shall be searchable and stored with each call recording.
3. Call controls, such as inmate and telephone number validation shall be applied to
TDD to TDD calls.

The ITS must offer the called party an option to receive a rate quote during the call
acceptance process.

The ITS shall be able to accommodate pro-bono calls to Consulates for all countries
which may be required for ICE detainees. This option, when requested by KDOC,
shall be provided at no cost to KDOC. Contractor shall accept KDOC’s direction for
how pro bono calling services are configured via the ITS.

AA. Contractor shall be able to establish an informant line at no cost to KDOC. Calls to
the informant line shall be free and shall be routed via the ITS to a destination
designated by KDOC. Contractor shall accept KDOC’s direction for how the informant
line is configured through the ITS.

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BB. Contractor shall be responsible for handling restrictions/suspensions associated with
an inmate’s telephone account based on KDOC policy and at no cost. Each facility
has different criteria for restrictions; the ITS shall be capable of accommodating the
following configurations. Contractor shall accept KDOC’s direction for any
modifications to the specified configuration at any time during the Agreement and any
renewal term(s).
1. A restriction shall not allow any telephone calls to be processed by the inmate for
a designated time period;
2. A restriction shall allow an inmate to process a privileged/attorney telephone call
for a designated time period;
3. A restriction shall allow an inmate to make a single call for a designated duration
per week;
4. A restriction shall allow an inmate a single telephone call once placed on a
restricted status for a designated time period.
CC. Contractor shall work with KDOC to implement a reporting line which complies with
the Prison Rape Elimination Act (PREA) of 2003. Contractor shall accept KDOC’s
direction for any modifications to the specified configuration at any time during the
Agreement and any renewal term(s). At a minimum, Contractor’ shall:
1. Route free calls via the ITS to a destination provided and designated by KDOC
and which may be the same as that used for the KDOC informant line.
2. At no cost to KDOC, provide a telephone line to KDOC dedicated for PREA calls
to which the calls will be routed as free.
3. The ITS shall be capable of limiting access to PREA recordings. Only designated
users as defined by KDOC shall have access to the PREA recordings.
4. The ITS shall be capable of accommodating calls with and without a PIN.
V.

Security Features
A.

The ITS shall prohibit:
1.
2.
3.
4.
5.

Direct-dialed calls of any type;
Access to a live operator for any type of calls;
Access to “411” information service;
Access to 800, 888, 877, 900, 911, and any other 900 type services; and
Access to multiple long distance carriers via 950, 800 and 10 10-XXX numbers.

The ITS shall prevent call collision or conference calling among telephone stations.

The ITS shall be able to be shut down and/or disable an individual telephone or
telephone groups quickly and selectively without affecting other telephones or
telephone groups. KDOC must be able to shut down the ITS via a workstation, the
ITS user application and/or by cut-off switches at several locations including, but not
limited to:
1. At demarcation location;
2. Central control; and

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3. By select housing units.
D.

The ITS shall have a fraud prevention feature. This feature will randomly interject
pre-recorded announcements throughout the duration of the conversation to the
called party indicating the source of the call. The inmate will not be able to interfere
with these announcements.

The ITS, upon detection of a three-way call, forwarded call, conference call and etc.
shall be able to flag and/or terminate the call immediately. These calls shall be
flagged in the CDRs as such.

The ITS shall allow the called party to block their telephone number during the call
acceptance process.

As specified by KDOC, the ITS shall have the capability to allow calls to specified
numbers at specified times during the day.

The ITS shall be capable of limiting the length of a call, providing service at specified
times of the day and allowing a maximum number of minutes or seconds per inmate,
per month. The current call time limit for the Facilities is specified in Attachment C.
During the life of this Agreement and any renewal terms, KDOC reserves the right to
modify the call time limit as mutually agreed upon by both parties.

VI.

The ITS shall not accept any incoming calls. Contractor shall work with the LECs to
ensure such control.

For a period of ninety (90) days following implementation of the rates specified in
Attachment C, Contractor shall configure the ITS such that inmates and called
parties will hear an announcement after every fifteen (15) minute interval of talk time.
The announcement shall be mutually agreed upon by the parties and shall state that
fifteen (15) minutes has elapsed and the cost of the call shall be rated. The ITS shall
exclude the pre-recorded announcements from the cost of a call.

Personal Identification Number (PIN) Application
A.

The PIN application shall work with the ITS and include all of the following features
and functionalities:
1. The capability to provide collect, pre-paid, debit and free calling utilizing a PIN.
2. The capability to interface with the KDOC booking system so that inmate PINs
will be automatically transferred to the ITS. In utilizing the interface option, the
ITS shall be capable of accommodating any of the following options for inmates
to use PINS to complete calls via the ITS.
a. KDOC booking system generates and sends to the ITS an inmate ID. The
ITS shall store the inmate ID and generate an additional unique identifier to
be added to the inmate ID. The combination of the inmate ID and the
additional unique indenter shall be the PIN.
b. KDOC booking system generates and sends to the ITS and inmate ID along
with an additional inmate data. The ITS shall store the inmate ID and utilize
the additional inmate data to create the complete PIN.
c.

KDOC booking system generates and sends to the complete PIN to the ITS.
The ITS shall store the complete PIN.

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d. The ITS, without an interface with the KDOC booking system, auto-generates
the complete PIN.
e. The ITS shall accept a manually entered PIN.
3. The interface between the KDOC booking system and ITS shall automatically
update the status of the PIN in the ITS based on the inmate’s status in the KDOC
booking system (i.e. newly booked, transferred, released, etc.).
4. Once a PIN has been activated in the ITS, the inmate shall only be allowed to
place calls from the facility in which the inmate is housed.
5. The ITS shall be capable of documenting the date/time when an individual PIN
was added or modified in the ITS and by the user making the change.
B.

The ITS shall have the capability to store a list of Personal Allowed Numbers (PANs)
associated with each PIN.
1. PANs shall allow a set quantity of approved telephone numbers for each PIN.
2. The quantity of approved telephone numbers within a PAN shall be configurable;
the current limit is 20 telephone numbers, not including privileged/attorney
telephone numbers.
3. ITS shall be capable of documenting all updates, modifications and/or details for
a PAN (i.e.: user name, modification made, time/date stamp, etc.).
4. ITS shall be capable of storing the following information (at a minimum) for each
telephone number on the PAN: telephone number, called party name, address
and relationship to inmate.
5. ITS shall be capable of auto-enrolling PANs to avoid manual entry. Should
KDOC utilize the auto-enrollment option, ITS shall be capable of capturing the
following information (at a minimum) for each telephone number on the PAN:
telephone number, called party name, address and relationship to inmate.
6. Contractor shall be responsible for providing a supply of KDOC-approved PAN
forms to the Facilities on an as-needed basis and at no cost to KDOC.

VII.

Monitoring and Recording Requirements
A.

The ITS shall be capable of monitoring and recording all inmate calls from any
telephone within the Facilities unless there are restrictions that prohibit the recording
and monitoring of certain calls such as attorney-client privilege. The ITS shall be able
to exclude restricted or privileged calls and clearly designate non-recorded calls
within the ITS user application.

The ITS shall allow designated users at the Facilities to play back a recorded call or a
call in progress (aka live monitoring) via the ITS user application.

The ITS shall be capable of recording calls in a manner which allows designated
users to isolate the inmate or the end-user side of the recording for playback.

The ITS shall provide simultaneous playback and continuous recording of calls.

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Live monitoring shall allow KDOC to view, at a minimum, the following information in
chronological order.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Call Start Time;
Facility(s);
Phone Location Name;
Inmate Name;
Inmate PIN;
Called Number;
Called City, State;
Call Type;
Bill Type;
Call Status; and
Duration.

All call recordings under this Agreement shall be stored online indefinitely and offline
for a period of three (3) years.

Contractor shall be responsible for supplying all storage media (CDs/DVDs, flash
drives, etc.) at no cost to KDOC throughout the life of the Agreement and any
renewal terms.

Contractor shall pay KDOC liquidated damages in the amount of $300.00 per each
instance wherein KDOC suffers one or more lost, unrecoverable or un-useable
recording(s). KDOC agrees to notify Contractor of such instances and provide up to 7
days per instance for Contractor to produce the call recordings. Contractor shall be
notified of the total amount due via written notice from KDOC. KDOC will invoice
Contractor and payment shall be due within 30 days of Contractor’s receipt of
invoice.

Contractor shall provide KDOC with the requested number of workstations as
specified in Attachment B, working real-time with the ITS, for such monitoring,
recording and reporting. The workstations shall each include a CD/DVD burner, flat
screen monitor, speakers (built in or external), mouse, keyboard, data/audio burning
software, laser printer and a licensed copy of Microsoft Office (or equivalent). In
addition to Contractor-provided workstations, and at the request of KDOC, Contractor
shall provide remote access to the ITS at no cost to KDOC.

Access to the ITS shall be completely web-based for real-time, anywhere, anytime
access to the ITS user application at no cost to KDOC. The provision of remote
access shall allow KDOC the same features and functionalities, permitted by the
user’s level of access, available on a Contractor-provided workstation.

Contractor shall provide a mechanism and/or router, at no cost to KDOC, so each
Contractor-provided workstation or remote access computer can connect to the ITS
to perform daily activities such as debit entries, monitor live calls, listen to recorded
calls, etc. without leaving the Facilities Local Area Network (“LAN”) or without
residing on KDOC’s network. If necessary, Contractor shall provide KDOC with a
KDOC–approved firewall to secure the connectivity between the networks. The
firewall will be set up and managed by KDOC.

For the term of the Agreement, KDOC will have access to all CDRs from all
workstations and remote access computers, based on the user’s access level.

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The ITS user application shall transfer/copy/export recordings with no loss in quality
and shall be capable of placing an audio and visual date/time stamp with the
recording.

VIII.

The ITS shall be capable of providing alerts for certain calling events and (at a
minimum) allowing designated users to receive or be forwarded a live call to a
specified destination.

The ITS shall be capable of emailing and copying recorded calls onto a CD/DVD or
other storage medium in audio or MP3/data format with tamper free capabilities.

Pre-Paid / Debit Application
A.

The ITS shall provide the inmate with the balance of the pre-paid or debit account at
the time of the call.

The ITS shall provide the called party with the balance of their pre-paid collect
account at the time of the call.

The pre-paid and/or debit application shall allow international calls.

The ITS shall be capable of interfacing with the KDOC’s booking system and kiosk
service provider for the ease of transferring money from the inmate’s trust fund
account to the ITS debit account. It is Contractor’s responsibility to initiate and
establish a business relationship and necessary interfaces prior to the initial
installation. KDOC shall not be responsible for paying any amounts associated with
the required interface.

IX.

The pre-paid and/or debit application shall allow for pre-payment to a specific
telephone number or an inmate’s account.

Contractor shall supply, at KDOC’s request, signage, brochures, flyers regarding the
ITS and/or Contractor's pre-paid and debit programs at no cost to KDOC.

Security
All Contractor employees shall obtain, at Contractor’s cost, the appropriate personnel
background security clearance prior to arrival at the Facilities. All Contractor employees
shall comply with KDOC’s policy and procedures. Entry to the Facilities is subject to the
approval of KDOC.

Training
A.

Contractor shall provide onsite training to KDOC’s staff. Additional training (onsite or
via the web) shall be provided to new staff at no cost to KDOC. Training manuals
shall be provided to KDOC’s staff at all training meetings and will become the
property of KDOC.

When requested by KDOC, informational pamphlets shall be available to inmates and
shall describe the applicable features and functionalities of the ITS.

Contractor shall provide full documentation for all of the ITS features.

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XI.

ITS Upgrades and Performance Process
A.

Contractor shall provide KDOC with written notice, including detailed information, of
any new ITS software upgrades or features, within thirty (30) days of the introduction
of the new software or features into the industry.

Contractor shall adhere to this Performance Process when upgrading the ITS,
software, equipment, or performing any changes to the ITS at the Facilities. Any
deviation from this process may result in liquidated damages incurred by Contractor.
Such liquidated damages will be equal to $300.00 per occurrence. Contractor shall
be notified of the total amount due via written notice from KDOC. KDOC will invoice
Contractor and payment shall be due within thirty (30) days of Contractor’s receipt of
invoice.

Contractor shall perform extensive testing on all system changes or upgrades prior to
introducing them to KDOC. At a minimum, this shall include the following:
1.
2.
3.
4.
5.
6.

Extensive testing on a system identical to the ITS at the Facilities;
Circuit testing;
Configuration / setting preservation testing;
Call processing;
International calling; and
Debit calling.

Contractor shall provide KDOC with written details regarding any change to voice
prompts or dialing procedures.

KDOC, at its option, shall have a minimum of two (2) weeks to notify inmates at the
Facilities of any ITS changes that affect the inmates.

Contractor shall work with the Facilities to schedule changes and/or upgrades during
a time when the telephones are not being used regularly by the inmates. Contractor
shall coordinate a convenient time and day with KDOC to implement the changes or
upgrades to the ITS to avoid an interruption in service.

Contractor shall coordinate the presence of a technician at the Facilities on the day of
implementation to place test calls and ensure the ITS is functioning properly.

I.
XII.

Contractor shall receive written permission from KDOC, before scheduling or
proceeding with any functionality changes to the ITS at the Facilities, especially if the
changes will cause an interruption in service.

All said changes shall be made by Contractor at no cost to KDOC.

General Maintenance
A.

Contractor shall respond to repair requests from KDOC by arriving at the site
promptly after reasonable notice has been given on a 24-hours a day, 7- days a
week basis, 365-days a year.

Repairs or replacement of nonworking or damaged equipment or software shall be
started by a qualified technician within 4-hours following notification of a service
request or ITS failure. Contractor must exhibit to KDOC a best effort approach to the
completion of the repairs or replacement during the first 24-hours following
notification of a problem. KDOC shall be notified of progress and or delays in

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progress until the problems are resolved. Contractor shall notify KDOC or its
Designated Agent, any time a technician will be dispatched to the Facilities and prior
to the technician’s arrival.
C.

All operation, maintenance and repair issues regarding the ITS service shall be
reported by Contractor to KDOC promptly.

E.
XIII.

Each party shall report to the other party any misuse, destruction, damage,
vandalism, etc. to the ITS. Contractor shall assume liability for any and all such
damages.

No charge shall be made to KDOC for maintenance of the ITS.

Offsite Administrative Requirements
A.

At no cost to KDOC, Contractor shall provide KDOC with a part-time offsite
administrator.

Contractor shall perform , at a minimum, the duties and responsibilities listed below:
1. Enter daily inmate telephone account restrictions per Facility;
2. Provide electronic copies of individual inmate PANs requested by KDOC;
3. Provide details associated with specified inmates account’s and associated prepaid collect accounts; and
4. Work with KDOC or its Designated Agent to provide any additional ITS related
activities.

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ATTACHMENT B
Main Facilities:

Satellite Facilities:

El Dorado Correctional Facility
1737 SE Hwy 54, PO Box 199
El Dorado, KS 67042-8264

El Dorado Correctional Facility
North Unit
Rt. 3, Box 45A
El Dorado, KS 67042

Ellsworth Correctional Facility
1607 State Street
Ellsworth, KS 67439-1628
Hutchinson Correctional Facility
Central Unit
500 Reformatory Road
Hutchinson, KS 67501-1628
Lansing Correctional Facility
301 E. Kansas
Lansing, KS 66043-1619
Larned Correctional Mental Health Facility
1318 Highway 264
Larned, KS 67550

El Dorado Correctional Facility
South East Medium Unit
th
2501 West 7
Oswego, KS 67356
El Dorado Correctional Facility
South East Minimum Unit
1022 Fordyce
Oswego, KS 67356
Ellsworth Correctional Facility
East Unit
1655 Avenue K.
Ellsworth, KS 67439

Norton Correctional Facility
11130 Road E-4
Norton, KS 67654

Hutchinson Correctional Facility
East Unit
500 Reformatory Road
Hutchinson, KS 67501-1628

Topeka Correctional Facility
815 SE Rice Road
Topeka, KS 66607

Stockton Correctional Facility
1210 E. Cedar
Stockton, KS 67669

Wichita Work Release Facility
401 S. Emporia
Wichita, KS 67202
Winfield Correctional Facility
1806 Pinecrest Circle
Winfield, KS 67156

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ATTACHMENT B (Continued)
Inmate Telephones Required

Facility Name

# of Inmate
Telephones

El Dorado Correctional Facility (including North & South East Units)
Ellsworth Correctional Facility (including East Unit)
Hutchinson Correctional Facility
Hutchinson Correctional Facility – East Unit
Lansing Correctional Facility
Larned Correctional Mental Health Facility
Norton Correctional Facility
Stockton Correctional Facility
Topeka Correctional Facility
Wichita Work Release Facility
Winfield Correctional Facility

425
80
85
50
192
32
60
8
54
29
64

Handset Cord Length: 24”
Workstations Required

Facility Name

# of Workstations

2
1
2
1
5
1
1
0
1
1
1
1

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ATTACHMENT B (Continued)
Portable and TDD Telephones Required

Facility Name

# of Portable
Telephones and TDD
Units (each)

2
2
2
1
2
1
1
1
2
1
1

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ATTACHMENT C

CALLING RATES

CALL TYPE

COLLECT
Surcharge

Local
Intralata/Intrastate
Interlata/Intrastate
Interlata/Interstate
International

$0.00
$0.00
$0.00
$0.00
N/A

Per Minute
Rate
$0.18
$0.18
$0.18
$0.18
N/A

PRE-PAID COLLECT
Surcharge
$0.00
$0.00
$0.00
$0.00
$0.00

Per Minute
Rate
$0.18
$0.18
$0.18
$0.18
$0.60

INMATE BASED PREPAID/DEBIT
Per Minute
Surcharge
Rate
$0.00
$0.17
$0.00
$0.17
$0.00
$0.17
$0.00
$0.17
$0.00
$0.60

Rates above exclude applicable taxes.
Commission
 Up-Front MAG - $2,360,000.00
 Commission Percentage – 68.2%
Approved Fees
 Collect
o Bill Statement Fee: $0.00
 Pre-Paid Collect
o Account Funding Fee by telephone or internet: $0.00
o Account Funding Fee through Western Union: $5.50 (WU Swift Pay)
$9.95 (WU Quick Collect)
o Account Funding Fee through lobby kiosks (if implemented): TBD by mutual agreement
o Refund Fee: $0.00
Call Time Limit
 60 Minutes

Implementation of new rates
Both parties acknowledge that a thirty (30) day notification period is necessary prior to modifying KDOC’s
current calling rates to those above, and that this notification period will begin on February 1, 2013.
During this thirty-day period, the previous contracted rates will remain in place. The MAG and commission
percentages above will apply to all gross revenue generated during this notification period.

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ATTACHMENT D
State of Kansas
State of Kansas
Department of Administration
DA-146a (Rev. 10-11)

CONTRACTUAL PROVISIONS ATTACHMENT
Important:

This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any
contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be
altered to contain the following provision:
"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 10-11), which is attached hereto,
are hereby incorporated in this contract and made a part thereof."
The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and
made a part thereof, said contract being the
day of
20_____.

Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment
shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the
contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment
are nullified.

Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of
Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of
Kansas.

Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports,
Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and
for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State
agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give
such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice
shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such
fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular
contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such
equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the
State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be
charged to the agency or the contractor.

Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its
agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State
of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 441001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of
the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of
race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or
employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal
opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to
include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor;
(e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of
such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may
be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of
Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute
a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state
agency or the Kansas Department of Administration.
Contractor agrees to comply with all applicable state and federal anti-discrimination laws.
The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a
contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting
State agency cumulatively total $5,000 or less during the fiscal year of such agency.

Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily
required approvals and certifications have been given.

Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find
that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of
Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the
Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim
or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to
the implied warranties of merchantability and fitness for a particular purpose.

Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents
that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor

Contract ID: 0000000000000000000037748

EVT0001446
Page 39
agrees to be bound by the provisions thereof.
9.

Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for,
any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to
property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance"
fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et
seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.
11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from
having access to information pursuant to K.S.A. 46-1101 et seq.
12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and
need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a
waiver of the Eleventh Amendment."
13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in
exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to
influence or attempt to influence an officer or employee of any agency or a member of the Legislature regarding any pending
legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant,
loan, or cooperative agreement

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