Prison Phone Justice

CONTRACT AWARD
Date of Award:

February 19, 2013

Contract ID:
Event ID:

37806
EVT0001771

Replaces Contract:

Addendum of 10481

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

Brienne Wilkins
785/296-2770
brienne.wilkins@da.ks.gov
http://admin.ks.gov/offices/procurement-and-contracts

Item:

Offender Phone Service

Agency/Business Unit:

Department of Corrections – Division of Juvenile Services

Period of Contract:

Date of award through March 31, 2018
(Final renewal)

Contractor:

EMBARQ PAYPHONE SERVICES INC
dba CENTURYLINK
th
5454 W. 110 St
OVERLAND PARK, KS 66211
Vendor ID: 0000155806
Toll Free Telephone: 866-224-5139
Local Telephone: 816-351-3511
Fax: 913-397-3523
FEIN: 59-3268090
Contact Person: Skip Smith
E-Mail: skip.smith@centurylink.com

Amendments:

Amendment 1—Update contractor contact information
Amendment 3—Contract renewal through March 31, 2017. Additionally, the
Agreement has been amended to modify Period of Contract and Pricing,
Rate Structure and Commission and recognize Executive Reorganization
Order 42 abolishing Juvenile Justice Authority and transferring those duties
and functions to Department of Corrections.
Amendment 4—Contract renewal through March 31, 2018. Additionally, the
Agreement has been amended to modify Period of Contract and the
Specifications sectionof the

Contract Extension:

Amendment 2—Extend contract through March 31, 2016

Payment Terms:

Net 30

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.

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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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TERMS AND CONDITIONS
Contract Documents: In the event of a conflict in terms of language among the documents, the
following order of precedence shall govern:
o
o
o
o
o

Form DA 146a;
written modifications to the executed contract;
written contract signed by the parties;
the RFP, including any and all amendments; and
Contractor's written proposal submitted in response to the RFP as finalized.

Contract Formation: No contract shall be considered to have been entered into by the State until all
statutorily required signatures and certifications have been rendered and a written contract has been
signed by the contractor.
Notices:
All notices, demands, requests, approvals, reports, instructions, consents or other
communications (collectively "notices") that may be required or desired to be given by either party to the
other shall be IN WRITING and addressed as follows:
Kansas Department of Administration
Procurement and Contracts
800 SW Jackson St, Suite 600
Topeka, Kansas 66612-1216
RE: EVT1771
or to any other persons or addresses as may be designated by notice from one party to the other.
Termination for Cause: The Director of Purchases may terminate this contract, or any part of this
contract, for cause under any one of the following circumstances:
o
o
o
o

the Contractor fails to make delivery of goods or services as specified in this contract;
the Contractor provides substandard quality or workmanship;
the Contractor fails to perform any of the provisions of this contract, or
the Contractor fails to make progress as to endanger performance of this contract in accordance
with its terms.

The Director of Purchases shall provide Contractor with written notice of the conditions endangering
performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the
notice (or such longer period as State may authorize in writing), the Director of Purchases shall issue the
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.
Termination for Convenience: The Director of Purchases may terminate performance of work under
this contract in whole or in part whenever, for any reason, the Director of Purchases shall determine that
the termination is in the best interest of the State of Kansas. In the event that the Director of Purchases
elects to terminate this contract pursuant to this provision, it shall provide the 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. The Contractor shall continue to perform any part of the work that may have not been
terminated by the notice.
Rights and Remedies: If this contract is terminated, the State, in addition to any other rights provided for
in this contract, may require the 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.

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In the event of termination, the Contractor shall receive payment prorated for that portion of the contract
period services were provided to or goods were accepted by State subject to any offset by State for
actual damages including loss of federal matching funds.
The rights and remedies of the State provided for in this contract shall not be exclusive and are in addition
to any other rights and remedies provided by law.
Force Majeure: The Contractor shall not be held liable if the failure to perform under this contract arises
out of causes beyond the control of the 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.
Waiver: Waiver of any breach of any provision in this contract 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 State shall not constitute a waiver.
Independent Contractor: Both parties, in the performance of this contract, 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.
The Contractor accepts full responsibility for payment of unemployment insurance, workers
compensation, social security, 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: The Contractor shall warrant that all persons assigned by it to the performance of
this contract shall be employees of the Contractor (or specified Subcontractor) and shall be fully qualified
to perform the work required. The Contractor shall include a similar provision in any contract with any
Subcontractor selected to perform work under this contract.
Failure of the Contractor to provide qualified staffing at the level required by the contract specifications
may result in termination of this contract or damages.
Subcontractors: The Contractor shall be the sole source of contact for the contract. The State will not
subcontract any work under the contract to any other firm and will not deal with any subcontractors. The
Contractor is totally responsible for all actions and work performed by its subcontractors. All terms,
conditions and requirements of the contract shall apply without qualification to any services performed or
goods provided by any subcontractor.
Proof of Insurance: Upon request, the Contractor shall present an affidavit of Worker's Compensation,
Public Liability, and Property Damage Insurance to Procurement and Contracts.
Conflict of Interest: The Contractor shall not knowingly employ, during the period of this contract or any
extensions to it, any professional personnel who are also in the employ of the State and providing
services involving this contract or services similar in nature to the scope of this contract to the State.
Furthermore, the 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: The Contractor may have access to private or confidential data maintained by State to
the extent necessary to carry out its responsibilities under this contract. 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 contract. 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 contract shall be disseminated by either party
except as authorized by statute, either during the period of the contract or thereafter. Contractor agrees
to return any or all data furnished by the State promptly at the request of State in whatever form it is
maintained by Contractor. On the termination or expiration of this contract, Contractor will not use any of
such data or any material derived from the data for any purpose and, where so instructed by State, will
destroy or render it unreadable.

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Nondiscrimination and Workplace Safety: The Contractor agrees to abide by all federal, state and
local laws, and rules and regulations prohibiting discrimination in employment and controlling workplace
safety. Any violations of applicable laws or rules or regulations may result in termination of this contract.
Environmental Protection: The Contractor shall abide by all federal, state and local laws, and rules and
regulations regarding the protection of the environment. The Contractor shall report any violations to the
applicable governmental agency. A violation of applicable laws or rule or regulations may result in
termination of this contract for cause.
Hold Harmless: The Contractor shall indemnify the State against any and all loss or damage to the
extent arising out of the Contractor's negligence in the performance of services under this contract and for
infringement of any copyright or patent occurring in connection with or in any way incidental to or arising
out of the occupancy, use, service, operations or performance of work under this contract.
The State shall not be precluded from receiving the benefits of any insurance the Contractor may carry
which provides for indemnification for any loss or damage to property in the Contractor's custody and
control, where such loss or destruction is to state property. The Contractor shall do nothing to prejudice
the State's right to recover against third parties for any loss, destruction or damage to State property.
Care of State Property: The 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 contract. The Contractor shall reimburse State for such property's loss or
damage caused by Contractor, normal wear and tear excepted.
Prohibition of Gratuities: Neither the Contractor nor any person, firm or corporation employed by the
Contractor in the performance of this contract 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: Unless the State specifies in writing a different period of time, the Contractor
agrees to preserve and make available at reasonable times all of its books, documents, papers, records
and other evidence involving transactions related to this contract for a period of five (5) years from the
date of the expiration or termination of this contract.
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.
The Contractor agrees that authorized federal and state representatives, including but not limited to,
personnel of the using agency; independent auditors acting on behalf of state and/or federal agencies
shall have access to and the right to examine records during the contract period and during the five (5)
year post contract period. Delivery of and access to the records shall be within five (5) business days at
no cost to the state.
Antitrust: If the Contractor elects not to proceed with performance under any such contract with the
State, the 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 contract.
Modification: This contract shall be modified only by the written agreement and approval of the parties.
No alteration or variation of the terms and conditions of the contract 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: The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or
duties under this contract without the prior written consent of the State. State may reasonably withhold
consent for any reason.
This contract may terminate for cause in the event of its assignment, conveyance, encumbrance or other
transfer by the Contractor without the prior written consent of the State.

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Third Party Beneficiaries: This contract shall not be construed as providing an enforceable right to any
third party.
Captions: The captions or headings in this contract are for reference only and do not define, describe,
extend, or limit the scope or intent of this contract.
Severability: If any provision of this contract is determined by a court of competent jurisdiction to be
invalid or unenforceable to any extent, the remainder of this contract shall not be affected and each
provision of this contract shall be enforced to the fullest extent permitted by law.
Governing Law: This contract shall be governed by the laws of the State of Kansas and shall be
deemed executed in Topeka, Shawnee County, Kansas.
Jurisdiction: The parties 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 Contractual Provisions Attachment (DA 146a) are
incorporated by reference and made a part of this contract.
Integration: This contract, in its final composite form, shall represent the entire agreement between the
parties and shall supersede all prior negotiations, representations or 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.
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 the
termination of the contract.

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Immigration and Reform Control Act of 1986 (IRCA): All contractors are 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 sub-contractors. The
usual method of verification is through the Employment Verification (I-9) Form.
The contractor hereby 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 contract to termination for cause and any applicable damages.
Unless provided otherwise herein, all contractors are 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 contract.
Worker Misclassification: The 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 contract termination.
Injunctions: Should Kansas 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.
Statutes: Each and every provision of law and clause required by law to be inserted in the contract shall
be deemed to be inserted herein and the contract 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 contract shall be amended to make such insertion or correction.
Federal, State and Local Taxes: Unless otherwise specified, the price shall include all applicable
federal, state and local taxes. The Contractor shall pay all taxes lawfully imposed on it with respect to
any product or service delivered in accordance with this Contract. The State of Kansas is exempt from
state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included
in the price. Upon request, the State shall provide to the Contractor a certificate of tax exemption.
The State makes no representation as to the exemption from liability of any tax imposed by any
governmental entity on the Contractor.
Accounts Receivable Set-Off Program: If, during the course of this contract the Contractor is found to
owe a debt to the State of Kansas, agency payments to the Contractor may be intercepted / setoff by the
State of Kansas. Notice of the setoff action will be provided to the Contractor. Pursuant to K.S.A. 756201 et seq, Contractor shall have the opportunity to challenge the validity of the debt. If the debt is
undisputed, the Contractor shall credit the account of the agency making the payment in an amount equal
to the funds intercepted.
K.S.A. 75-6201 et seq. allows the Director of Accounts & Reports to setoff funds the State of Kansas
owes Contractors against debts owed by the Contractors to the State of Kansas. Payments setoff in this
manner constitute lawful payment for services or goods received. The Contractor benefits fully from the
payment because its obligation to the State is reduced by the amount subject to setoff.

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Indefinite Quantity Contract: This is an open-ended contract between the Contractor and the State to
furnish an undetermined quantity of a good or service in a given period of time. The quantities ordered
will be those actually required during the contract period, and the Contractor will deliver only such
quantities as may be ordered. No guarantee of volume is made. An estimated quantity based on past
history or other means may be used as a guide.
HIPAA Confidentiality: Per the Health Insurance Portability and Accountability Act (1996) (HIPAA), the
agency is a covered entity under the act and therefore Contractor is not permitted to use or disclose
health information in ways that the agency could not. This protection continues as long as the data is in
the hands of the Contractor.
The Contractor shall establish and maintain procedures and controls acceptable to the agency to protect
the privacy of members' information. Unless the Contractor has the member's written consent, the
Contractor shall not use any personally identifiable information obtained for any reason other than that
mandated by this agreement
Prices: Prices shall remain firm for the entire contract period and subsequent renewals. Prices shall be
net delivered, including all trade, quantity and cash discounts. Any price reductions available during the
contract period shall be offered to the State of Kansas. Failure to provide available price reductions may
result in termination of the contract for cause.
Payment: Payment Terms are Net 30 days. Payment date and receipt of order date shall be based
upon K.S.A. 75-6403(b). This Statute requires state agencies to pay the full amount due for goods or
services on or before the 30th calendar day after the date the agency 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 writing by the Contractor and the state agency. NOTE: If the 30th calendar day noted above falls on a
Saturday, Sunday, or legal holiday, the following workday will become the required payment date.
Shipping and F.O.B. Point: Unless otherwise specified, prices shall be F.O.B. DESTINATION,
PREPAID AND ALLOWED (included in the price), which means delivered to a state agency's receiving
dock or other designated point as specified in this contract or subsequent purchase orders without
additional charge. Shipments shall be made in order to arrive at the destination at a satisfactory time for
unloading during receiving hours.
Materials and Workmanship: The 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 Contract, within the time specified, in accordance with the provisions as specified.
The contractor shall be responsible for all work put in under these specifications and shall make good,
repair and/or replace, at the 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.
Industry Standards: If not otherwise provided, materials or work called for in this contract 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.
Ownership: All data, forms, procedures, software, manuals, system descriptions and work flows
developed or accumulated by the Contractor under this contract shall be owned by the using agency. The
Contractor may not release any materials without the written approval of the using agency.
Data: Any and all data required to be provided at any time during the contract term shall be made
available in a format as requested and/or approved by the State.

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Contract Price: Contracts are awarded by Procurement and Contracts to take advantage of volume
discount pricing for goods and services that have a recurring demand from one or more agencies.
However, if a state agency locates a vendor that can provide the identical item at a lower price, a waiver
to "buy off state contract" may be granted by Procurement and Contracts.
Transition Assistance: In the event of contract termination or expiration, Contractor shall provide all
reasonable and necessary assistance to State to allow for a functional transition to another vendor.

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Amendment No. 2
To
No. 37806
Agreement Between
Kansas Juvenile Justice Authority
(Kansas Department of Corrections—Division of Juvenile Services)
and
CenturyLink Public Communications, Inc. dba CenturyLink for
Juvenile Offender Phone Services
st

This Amendment No. 2 is made this 1 day of April 2016, by and between the Kansas
Department of Corrections—Division of Juvenile Services, successor to Kansas Juvenile Justice
Authority, by and on behalf of the State of Kansas, and as approved by the Kansas Department of
Administration Division of Purchases, (“State”) and CenturyLink Public Communications, Inc., formerly
Embarq Payphone Services, Inc. dba CenturyLink, (“Contractor”).
WITNESSETH:
WHEREAS, the parties entered into an Agreement for Juvenile Offender Phone Services
(“Agreement”) dated February 28, 2013; and,
WHEREAS, the parties have agreed to amend the Agreement by modifying Period of Contract
of the Agreement dated February 28, 2013; and,
WHEREAS, the parties have agreed to amend the Agreement by modifying Pricing, Rate
Structure and Commission; and,
WHEREAS, As of July 1, 2013, the Juvenile Justice Authority was abolished per Executive
Reorganization Order 42 and jurisdiction, powers, functions and duties of the Juvenile Justice Authority
and the Commissioner of Juvenile Justice were transferred and imposed upon the Department of
Corrections and the Secretary of Corrections.

NOW, THEREFORE, the parties herby agree to amend the Agreement as follows:
1. The Agreement shall be between the Kansas Department of Corrections – Division of Juvenile
Services (“KDOC – JS”) and CenturyLink Public Communications, Inc., formerly known as Embarq
Payphone Services, Inc. dba CenturyLink (“Contractor”).
2. Period of Contract is hereby deleted in its entirety and replaced with the following:
The State and Contractor entered into an Agreement on February 28, 2013, for an initial term of 3
years with an expiration date of December 15, 2015 (“Initial Term”), and renewed at the same terms
and conditions on a month to month basis through March 31, 2016. The State exercises its right to
renew the Agreement for an additional 1-year term which shall begin April 1, 2016 and remain in force
throughout the renewal term, with an expiration date of March 31, 2017 (“Renewal Term”). This
Agreement shall not bind, nor purport to bind, the State for any contractual commitment in excess of
the Renewal Term. This Agreement shall not automatically renew. The State shall have the option
for 1 additional 1-year renewal period.
3. Pricing, Rate Structure and Commission is hereby deleted in its entirety and replaced with the
following:

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Collect
Call Type

Rate Per Minute

Commission

Local

$0.45

34%

Intralata

$0.45

34%

Interlata/Intrastate

$0.45

34%

Interlata/Interstate

$0.25*

34%

International

$0.75

34%

Pre-paid Collect
Call Type

Rate Per Minute

Commission

Local

$0.45

34%

Intralata

$0.45

34%

Interlata/Intrastate

$0.45

34%

Interlata/Interstate

$0.21*

34%

International

$0.75

34%

Debit
Call Type

Rate Per Minute

Commission

Local

$0.40

34%

Intralata

$0.40

34%

Interlata/Intrastate

$0.40

34%

Interlata/Interstate

$0.21*

34%

International

$0.75

34%

*Calls to Canada included in Interlata/Interstate rate
plan
Fees
Fee

Amount

Pre-paid Collect Account Funding (online/IVR)

$0

Pre-paid Collect Account Funding (live agent)

$5.95

Western Union

All other fees

$5.50 "SwiftPay"
$9.95 "QuickCollect"
(no additional fees added
by CenturyLink)
$0

4. Except as expressly modified by this Amendment No. 2, the provisions and conditions of the original
Agreement are unchanged and remain in full force and effect. The original Agreement, as expressly
modified by Amendment No. 1 and this Amendment No. 2 is the complete agreement of the parties
and supersedes all prior or contemporaneous agreements and representations, whether written or
oral, concerning its subject matter. The original Agreement may not be further modified or amended
except by written amendment in accordance with the original Agreement.

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SPECIFICATIONS
Background and Scope: The Kansas Juvenile Justice Authority (JJA) operates two juvenile correctional
facilities housing approximately 350 youth between the ages of 13 and 22. This contract is for juvenile
offender phone services at the two facilities.
Services to be Provided: Contractor shall provide a fully operational, secure and reliable juvenile offender
phone system which provides:
•
•
•
•

Juvenile offenders with reasonable access to monitored communication with family members and
friends who have been authorized by the facility to receive calls from juvenile offenders.
Juvenile offenders with reasonable access to privileged communications with authorized
attorneys and the Kansas Department for Children and Families hotline.
Monitoring capabilities for use in investigations.
Reporting capabilities for management analysis.

As the sole provider of juvenile offender phone services, Contractor shall provide a commission on a
monthly basis to each facility.
Services are to be provided at the following locations:
Kansas Juvenile Correctional Complex
1430 NW 25th Street
Topeka, Kansas 66618-1499
(785) 354-9799
Larned Juvenile Correctional Facility
1301 K 264 Hwy
Larned, Kansas 67550-9365
(620) 285-0300
The Kansas Juvenile Correctional Complex shall serve as the hub for the phone system.
Specifications:
System must process all calls on an outgoing, station-to-station basis. All calls will be made via collect or
prepaid collect calls. Offenders will not be afforded the opportunity to purchase prepaid phone cards. Coin
operated phones are not acceptable. All services shall be compliant with Americans with Disabilities Act.
Phones must be of a sturdy, tamper and vandal resistant design appropriate for a correctional
environment and compliant with the ADA. Phones shall be installed in a manner that satisfies the ADA.
Telecommunications Devices for the Deaf capability may be required and shall be provided at no
additional charge. Labels shall be affixed to phones stating in English and Spanish that calls are
monitored and recorded.
Contractor shall provide training to facility staff at no additional charge.
Software upgrades shall be provided as such software becomes available. Such upgrades shall be made
within 90 days, unless otherwise agreed to by both parties.
System must allow only one call per connection.
Contractor shall identify any technology available that can reliably detect and terminate three-way calls.
This feature is not a requirement but the ability to provide this service will be preferred.
System must process all calls by an automated operator and not allow access to a live operator at any
time.
Offenders shall be placed on hold after making a call until the recipient positively accepts the call. During

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this period the offender shall not be allowed to monitor call progress or communicate with the recipient.
System must be able to inform the call recipient the amount that will be billed for the call prior to positive
acceptance of the call. Voicemail recordings, answering machines, busy signals, and voice recognition is
not considered positive acceptance.
All calls shall begin with pre-recorded message announcing the name of the facility, name of the juvenile
offender initiating the call and that the call is being monitored or recorded.
System shall have, at a minimum, multi-lingual capabilities for English and Spanish.
System must not require facility staff to identify which numbers should be blocked. Rather, the system
should require that authorized numbers be entered directly into the system by facility staff. The system
should allow global numbers authorized for offenders and offender-specific numbers.
System must allow offenders to call numbers identified by the facility, such as the Department for Children
and Families hotline (DCF), free of charge and without the use of a PIN number. The system must be
configured to ensure that all calls to the DCF hotline and any other number designated by the facility be
confidential unless authorized personnel activate the recording capabilities. Such override shall be for
DCF calls only.
System must limit calls to 10 minutes, with time starting when the call is accepted. Hotline calls shall be
limited to 30 minutes.
System must provide monitoring and recording capabilities. All recordings must be retained for the life of
the contract and be easily and quickly retrievable by facility staff. Recordings must begin as soon as the
receiver is taken off the hook; recording shall not be contingent on the call recipient accepting the call.
Recording shall end when the call is terminated. In the event of contract termination the Contractor shall
provide JJA all recordings on CD or other storage device. System must have safeguards designed from
preventing accidental or intentional monitoring or recording of conversations between offenders and their
attorneys.
Authorized facility staff shall have the ability to remotely access the system from any desktop or laptop.
Such access shall include report generation, call monitoring, and recording retrieval and playback.
Reports and audio playback shall be accessible using standard Mircrosoft Office software.
System must include the following reports as well as the capability to develop ad hoc reports:
a.
b.
c.
d.
e.
f.
g.
h.
i.

Calls by facility
Calls by offender
Calls by station
Calls by number
Calls by billing type
Authorized numbers, globally allowed numbers, and attorney numbers.
Three-way call attempts
Remote call forwarding attempts
Call attempts to restricted numbers

System must be capable of assigning various roles or permissions to facility staff based on individual
employee needs and responsibilities.
System must have the ability to be shut down entirely or by individual station by facility staff using an
electronic disconnect. Manual disconnects must be available as a backup to the electronic disconnect.
At a minimum, the following data shall be collected on each call. All data collected during the term of the
contract must be transferred to JJA upon termination of the contract.
a. Offender Name
b. Offender Number

Contract ID: 37806
Event ID: EVT1771
Page 14

c.
d.
e.
f.
g.
h.

Station ID
Billing start time and date
Duration of call (minutes and seconds)
Prepaid collect or collect
Call type (local, interstate,etc.)
Termination reason (three-way call, staff disconnect, power outage, met time limit, etc.)

System must be able block calls to parties with prepaid collect accounts with insufficient minutes
available. In such situations the system should notify the offenders the reason why the call cannot be
completed.
Contractor must provide refunds for unused prepaid collect minutes upon request and without penalty or
fee.
Call recipients shall have access to toll-free customer service 24-hours a day, seven days a week.
Facility staff shall have access to telephone technical support 24 hours a day, seven days a week, and
on-site technical support from 8:00 to 5:00 PM (CST), Monday through Friday.
The cost of all equipment, installation, and wiring shall be the responsibility of the Contractor and will not
be deducted from commissions. All wiring installed by the Contractor shall become the property of JJA
upon termination of this contract.
Contractor shall receive permission from the facility prior to making any cuts or holes into the physical
plant. Any damages made by the Contractor to the physical plant must be repaired to its original
condition.
Pricing:
Any proposed changes in rates shall be provided to and approved by JJA prior to implementing any
changes.
Commissions shall be based on gross revenue. Commission shall not be collected on taxes and
regulatory fees. All taxes and regulatory fees shall be paid directly by the Contractor to the collecting
authority.
Commissions shall be paid monthly directly to each facility. A detailed report shall be submitted to each
facility containing, at a minimum, the following:
a.
b.
c.
d.
e.
f.
g.
h.

Total calls
Total minutes
Total gross revenue
Total commission
Total calls by type (local, intralata, intralata/intrastate, interlata/interstate, international)
Total minutes by type (local, intralata, intralata/intrastate, interlata/interstate, international)
Total gross revenue by type (local, intralata, intralata/intrastate, interlata/interstate, international)
Total commission by type (local, intralata, intralata/intrastate, interlata/interstate, international)

Commission shall be paid by the 20th day following the calendar month for which payment is being
rendered.
JJA's primary goal is to provide offenders and their families with affordable phone services.

Contract ID: 37806
Event ID: EVT1771
Page 15

Pricing
Rate Structure and Commission
Collect and Prepaid Collect

Call Type

Connect Fee

Commission
(percent)

Cost/Minute

Local

$0.00

$0.45

34.0%

Intralata

$0.00

$0.45

34.0%

Interlata/Intrastate

$0.00

$0.45

34.0%

Interlata/Interstate

$0.00**

$0.45**

34.0%

International

$1.00

$0.75

34.0%

Inmate-Paid (Debit)*

Call Type

Connect Fee

Commission
(percent)

Cost/Minute

Local

$0.00

$0.40

34.0%

Intralata

$0.00

$0.40

34.0%

Interlata/Intrastate

$0.00

$0.40

34.0%

Interlata/Interstate

$0.00**

$0.40**

34.0%

International

$1.00

$.75

34.0%

*
**

Separate section for Inmate-Paid (Debit) rates added to original table. Rates for Collect and Prepaid
Collect calling are identical.
Calls to Canada included in Interlata/Interstate rate plan.

List any fees, charges, or assessments that may be levied against call recipients and when such fees,
charges, or assessments would be levied here.
Note these fees would not be included in commissionable revenue calculations, as is the case today.
-

Prepaid Collect Account Funding (online)

$0 (any amount, no minimum)

-

Prepaid Collect Account Funding (by phone, $50 or more)

$0

-

Prepaid Collect Account Funding (by phone, $0 - $49.99)

$5.95 (no minimum)

-

Western Union

$5.50 “SwiftPay”, $9.95
“QuickCollect” (these are WU
fees only - no fees added by
CenturyLink)

-

Collect Billing Fees (aka Bill Statement, Bill Processing Fees)

$0

-

All other fees (Account Maintenance, Account Refund,
Regulatory Assessment, Cost Recovery, etc.)

None

Contract ID: 37806
Event ID: EVT1771
Page 16

State of Kansas
Department of Administration
DA-146a (Rev. 06-12)
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. 06-12), 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_____.

1.

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.

2.

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.

3.

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.

4.

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.).

5.

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.

6.

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

7.

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.

8.

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
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.

Contract ID: 37806
Event ID: EVT1771
Page 17

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 State of Kansas 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.