Prison Phone Justice

CONTRACT AWARD
Date of Award:

September 21, 2007

Contract Number:

10481

PR Number:

014621

Replaces Contract:

05221

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

Charles E. Miller
785-296-3125
chuck.miller@da.ks.gov
http://da.ks.gov/purch

Item:

Telephone Services - Inmate

Agency:
Location(s):

Dept. of Corrections
Various KDOC Facilities

Period of Contract:

December 17, 2007 through January 1, 2010
(With two (2) one (1) year renewal options)

Contractor:

EMBARQ Payphone Services, Inc.
9300 Metcalf Avenue
Overland Park, KS 66212
E-Mail: michael.p.hynes@embarq.com
Toll Free Telephone: 877-907-7774
Local Telephone: 913-534-5699
Fax: 913-397-3591
FEIN: 59-3268090
Contact Person: Mike Hynes
Telephone: 866-224-5139
Cell: 724-612-6249

Prices:

See Attached

Payment Terms:

Net 30

Political Subdivisions:
Procurement Cards:

Pricing is available to the political subdivisions of the State of Kansas.
Agencies may use State of Kansas Business Procurement Card for purchases
from this contract.
No Administrative Fee will be assessed against purchases from this contract.

Administrative Fee:

It shall be the vendor's responsibility to monitor this website on a regular basis for any
changes/addenda.
http://da.ks.gov/purch/contracts/ContractData/10481.doc

AGREEMENT FOR INMATE TELEPHONE SERVICE
BETWEEN
KANSAS DEPARTMENT OF CORRECTIONS
AND
EMBARQ PAYPHONE SERVICES
CONTRACT NO. 10481
AND NOW, on this 16th day of December, 2007, 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, a firm incorporated under the laws of the State of Kansas (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, as listed in Attachment B
of this Agreement, which may be increased or decreased by KDOC during the term of the contract; and
WHEREAS, State duly issued Request for Proposal No. 10481, on the date of June 13, 2007
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; and
WHEREAS, ensuing negotiations between a Procurement Negotiating Committee representing
KDOC, the Department of Administration, and the State of Kansas, and Contractor have resulted in a
determination by State that it is in the best interest of KDOC and the State to enter into an agreement with
Contractor for acquisition of inmate telephone service.
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
State grants Contractor the exclusive right and privilege to install and operate prison inmate
telephones and related telephone equipment at State’s Facilities listed in Attachment B of
this Agreement (hereafter, “Facilities). Contractor shall, at no cost to State, provide all inside
wiring for the inmate telephones, install the inmate telephones, and the related hardware and
software/firmware specifically identified herein, to enable inmates at the Facilities to make
auto-collect local and long distance calls, debit local, long distance and international calls,
and/or pre-paid local, long distance and international calls from the Facilities pursuant to the
terms set forth herein.
B. Agreement Formation
1. The Agreement between the parties consists of:

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a. Amendments to this Agreement;
b. This Agreement;
c. Request for Proposal No. 10481; and
d. Contractor’s written proposal to include the Best, Last and
Final cost proposal.
C. Agreement Term and Termination
1. Agreement Term. This Agreement shall commence upon December 16, 2007
(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
December 16, 2010 (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)
for a maximum extension of three (3) months 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.
2. 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. If Contractor is unable
to make the necessary repairs and/or restore service within this
ten (10) day period, State may immediately terminate this
Agreement upon providing written notice of termination to
Contractor. The transition period referred to in Section XI of
Attachment A of this Agreement will begin upon the
termination of this Agreement.

3

c. The Agreement between State and Contractor may be
terminated by State upon thirty (30) days written notice from
State to Contractor. The transition period referred to in
Section XI of Attachment A of this Agreement will begin
upon the termination of this Agreement. 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.
d. Should Contractor for any reason, except in the case of force
majeure (see Section I, Paragraph T), become unable to
complete the work required by this Agreement, State may, at
its sole discretion, call for the Surety Bond due, in full for such
non-performance,
and/or
as
liquidated
damages.
Notwithstanding the above, should State prevent Contractor
from entering the premises to complete repair work on the
inmate telephone equipment, Contractor shall have time to
complete said repairs using the provisions under Section XII,
Item D of Attachment A of this Agreement, after State allows
Contractor access to the inmate telephone equipment.
D. No Third Party Beneficiaries
The parties do not enter into this Agreement for the benefit of any person other than the
parties to this Agreement, nor do they intend that any person be or become a third party
beneficiary to this Agreement.
E. Assignment
Contractor may not assign or transfer this Agreement or the services described herein
without the express written consent of the State which consent will not be unreasonably
withheld or unduly delayed. Upon State’s written consent, any such purchaser,
assignee, successor, or delegate shall thereupon have all of the rights and
responsibilities of the Contractor. State may assign any and all of its rights and
obligations hereunder without the written consent but upon written notice thereof to the
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 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.
F. Transition Responsibilities of Contractor
Upon the expiration or termination of this Agreement, should 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 State and the new contracted vendor in
accomplishing an efficient and effective transfer of responsibilities.

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G. Notices
Any notice required by this Agreement shall be given in writing and delivered in person,
by courier, or by registered or certified mail addressed to the party’s address listed below.
Notice shall be presumed to have been received five (5) days after it is deposited in a
U.S. Postal Service Depository.
State:
Secretary of Corrections
900 S.W. Jackson, 4th Floor
Topeka, KS 66612-1284
ATTN: Chief Legal Counsel

Contractor:
Embarq Payphone Services
9300 Metcalf Ave.
Overland Park, KS 66212
ATTN: Paul Cooper

With a copy to:
Charles E. Miller
Division of Purchases
Department of Administration
900 S. W. Jackson, Room 102
Topeka, KS 66612-1286
H. Copyrights Reserved to State
No reports or other documents produced in whole or in part under this Agreement shall
be the subject of an application for copyright by or on behalf of Contractor, with all rights
reserved for State.
I.

Auditors’ Access to Records
Neither party to this Agreement shall prohibit or prevent the Legislative Division of Post
Audit from having access pursuant to K.S.A. 46-1101, et seq. to any records, documents,
or other information – confidential or otherwise – regarding or relating to the execution
and/or performance of this Agreement.

J. Sole and Exclusive Agreement; Modification.
This Agreement, together with any attachment(s) or exhibits(s), represents the sole and
exclusive agreement between State and Contractor (collectively “Parties”) with respect to
the subject matter hereof and supersedes all prior communications, agreements and
understandings relating thereto.
Only a written instrument executed by the Party
waiving compliance may waive or modify the terms of this Agreement. The failure of
either Party at any time to require performance of any provision hereof shall in no
manner affect the right at a later date to enforce the same. No waiver by either Party of
any term of this Agreement, whether by conduct or otherwise, in any one or more
instances, shall be deemed to be a further or continuing waiver of such term or of any
other term of this Agreement.
K. Governing Law; Jurisdiction and Venue for Contract Litigation
This Agreement shall be governed and construed under the laws of the State of Kansas,
without regard to its conflicts or choice of laws rules. Any litigation of this Agreement

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between the parties shall be commenced and maintained in Federal District Court,
District of Kansas, sitting at Topeka, or in Shawnee County District Court, the parties
waiving any objection that venue in any such forum is inconvenient or improper, and the
parties further consenting to, and waiving any objections to, jurisdiction (subject matter
or personal) of such courts.
L. Limitation of Liability and Disclaimer of Warranties
1. Limitation of Liability. Except as to claims brought by a third party against
State that are covered by Section II, Item M of this Agreement, in no event
shall State have any liability for indirect, incidental, special, or consequential
damages, loss of profits or income, lost or corrupted data, or loss of use or
other benefits (“Extraordinary Damages”) arising out of or in any way related
to any equipment, product, or service provided by Contractor pursuant to this
Agreement. In any event, Contractor’s liability for any damages shall be
limited to the direct actual damages proven by State, excluding any amounts
relating to State’s negligence or willful misconduct.
2. Disclaimer of Warranties. Contractor’s obligations under this Agreement are
in lieu of all warranties, express or implied. Contractor disclaims all
warranties, including, without limitation, any warranty of merchantability and
fitness for a particular purpose with regard to any equipment, product or
service provided by Contractor pursuant to this Agreement.
M. Indemnification
1. Contractor shall defend, indemnify, and hold 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 (hereafter
“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 State, its
agents or employees.
2. Contractor shall not be responsible for any injury or damage occurring as a
result of any negligent act or omission committed by State, including its
Agents, employees, and assigns.
3. Contractor agrees that State shall not be responsible for any liability incurred
by Contractor or Contractor’s agents, employees, or assigns arising out of the
performance of this Agreement. Subject to Item M.2 above, Contractor further
agrees to indemnify, defend, and hold State harmless from causes of action
arising out of or relating to the services rendered by Contractor under this
Agreement.

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4. 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
or related to the services rendered by Contractor. Contractor shall have the
right to defend any such claim as its sole cost and expense with its exclusive
discretion. State agrees not to compromise or settle any claim or cause without
the prior written consent of Contractor.
5. In the event any infringement claim is made or threatened against State, or
injunctive relief is granted to a Claimant, Contractor shall (i) obtain the right
for State to continue use of the services; (ii) substitute other services of like
capability, or (iii) 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, State may terminate Agreement upon prior written notice to
Contractor. The remedies provided in this subsection are State’s sole remedies
for Contractor’s failure to perform any obligation in this subsection.
N. Work Stoppages
In the event of a strike, slowdown or full or partial work stoppage of any kind by the
employees of Contractor, Contractor hereby acknowledges its responsibility to continue to
perform its obligations under this Agreement and will indemnify State for any reasonable
losses it may incur in the event of a strike, slowdown, full or partial work stoppage by
Contractor’s employees.
O. 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 State.
2. 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 form 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.
3. 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.

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4. 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.
P. 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. In the event of an operational problem that is not facility-based, or any
other problem concerning Agreement administration, Contractor shall notify the
Telecommunications Manager. 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.
Q. Unenforceability of Portion of Agreement and Separation of Other Provisions of
Agreement
If any provisions contained in this Agreement are held to be unenforceable by a court of law
or equity, this Agreement shall be construed as if such provision did not exist, and the
unenforceability of such provisions shall not be held to render any other provision or
provisions of this Agreement unenforceable.
R. Effect of Headings
Section and paragraph 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. .
S. Mergers/Acquisitions
1. Contractor expressly acknowledges that it is an independent contractor.
Nothing in this Agreement is intended nor shall be construed to create an
agency relationship, an employer/employee relationship, a joint venture
relationship, or any other relationship allowing State to exercise control or
direction over the manner or method by which the Contractor or its
subcontractors perform hereunder.
2. The services to be performed by the Contractor shall not be assigned, sublet, or
transferred without prior written approval of State which consent shall not be
unreasonably withheld or unduly delayed.
3. If the Contractor shall merge or be acquired by another firm, the following
documents must be submitted to State:

8

a. Corporate resolutions prepared by the Contractor and new entity
ratifying acceptance of the original contract, terms, conditions, and
process.
b. New Contractor’s Federal Identification Number (FEIN).
T. Force Majeure
Contractor shall not be held liable for any delay or failure in performance of any part of this
Agreement from any cause beyond its control and without its fault or negligence, such as acts
of God, acts of civil or military authority, embargoes, epidemics, war, terrorists acts, riots,
insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power
blackouts, volcanic action, other major environmental disturbances, or unusual weather
conditions.

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.
B. 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 the signing of the Agreement. The
Surety Bond must be made payable to 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 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 agrees to carry and maintain at
its expense a policy of public liability and property damage insurance
acceptable to State, 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 13.6. Coverage provisions should insure the public from any loss or
damage that may arise to any person or property by reason of services rendered
by Contractor.
2. Contractor agrees that State shall not be responsible for any liability incurred
by Contractor or Contractor’s employees, Agents, or assigns arising out of the

9

performance of this Agreement. Contractor further agrees to indemnify,
defend, and hold State harmless from any and all causes of action arising from
this Agreement.
With respect to required insurance, Contractor will be required to provide
State with a Certificate of Insurance naming State as an additional
insured. Annual renewals for the term of this policy should be submitted
prior to the expiration date of any policy.
Contractor shall:
a. Within ten (10) days after receipt of Notice of Award, provide State
with a Certificate of Insurance naming State as an additional insured.
b. Provide State a waiver of subrogation.
c. Provide State with a thirty (30) day advance written notice of
cancellation to said insurance.
3. Contractor shall at its own expense be required to carry the following minimum
insurance coverage and should submit a certificate of insurance reflecting
coverage as follows:
a. Automobile Liability:
(1) Bodily Injury (Each person)
(2) Bodily Injury (Each accident)

$250,000
$500,000

b. General Liability (Including Contractual Liability)
(1) Bodily Injury or Death
$1,000,000/$500,000
(2) Property Damage
$100,000
c. Excess Liability
(1) Umbrella Form
$1,000,000
d. Workers Compensation

Statutory

4. Contractor shall provide and maintain general liability insurance with policy
limits of $1,000,000 for damages resulting in bodily injury or death of one
person in any single accident. For damages resulting in bodily injury or death
of more than one person in any single accident - $500,000. Any single
accident resulting in injury to or destruction of property - $100,000. The
insurance required shall be on either an occurrence basis or on claims made
basis.
5. 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
or related to the utilization of equipment or 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. State agrees not to compromise or
settle any claim or cause without the prior written consent of Contractor.

10

6. Contractor agrees to carry and maintain Workers Compensation Insurance with
at least statutorily required limits. The following must be provided by the
Contractor and with any person or contractor with whom the Contractor enters
into a contract with to provide services on a project:
a. Provide coverage for its employees providing services on a
project, for the duration of the project based on proper
reporting of classification codes and payroll amounts and filing
of any coverage agreements.
b. Provide a certificate of coverage showing Workers
Compensation Coverage to State prior to provision of services
or installation of the inmate telephone system
c. Provide State, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the
coverage period shown on the contractor’s current certificate
of coverage ends during the duration of the project.
d. Obtain from each subcontractor providing services on a
project, and/or each person/company with whom contracts are
required to provide services on a project to State:
(1)

A certificate of coverage, prior to that subcontractor
beginning work on the project, so State will have on file
certificates of coverage showing coverage for all
persons providing services on the project; and

(2)

No later than seven days after receipt by the contractor, 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.

e. Retain all required certificates of coverage on file for the
duration of the project and for one year thereafter;
f. Notify State in writing by certified mail or personal delivery,
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.
g. Post a notice at the respective reporting work site of all persons
providing services informing them that they are required to be
covered and stating how a person may verify current coverage
and report failure to provide coverage. This notice does not
satisfy other posting requirements imposed by the act of other
State rules. This notice must be printed with a title in at least
thirty (30) point bold type and text in at least nineteen (19)
point normal type, and shall be in both English and Spanish
and any other language common to the worker population.
The text for the notices shall be the following text provided by

11

the commission on the sample notice, without any additional
words
or
changes:
REQUIRED
WORKERS
COMPENSATION COVERAGE. The law requires that each
person working on this site or providing services related to this
construction project must be covered by workers compensation
insurance. This includes persons providing, hauling, or
delivering equipment or materials, or providing labor or
transportation or other service related to the project, regardless
of the identity of their employer or status as an employee.
7. 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 State and
to ensure that 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.
8. Contractor expressly understands and agrees that it assumes and is solely
responsible for all legal and financial responsibilities related to the execution of
a subcontract. Contractor agrees that utilization of a subcontractor to provide
any of the products/services in the Agreement shall in no way relieve
Contractor of the responsibility for providing the products/services as described
and set forth herein. Contractor shall identify any subcontractors used by
Contractor.
D. Contractor Status
1. Contractor represents itself to be an independent contractor offering such
services to the general public and shall not represent itself or its employees to
be an employee of State. Therefore, Contractor shall assume all legal and
financial responsibility for taxes, FICA, employee fringe benefits, workers
compensation, employee insurance, minimum wage requirements, overtime,
etc., and agrees to indemnify, save, and hold State, its officers, Agents, and
employees, harmless from and against, any and all loss; cost (including
attorney fees); and damage of any kind related to such matters. Nothing in the
Agreement is intended nor shall be construed to create an agency relationship,
an employer/employee relationship, a joint venture relationship, or any other
relationship allowing State to exercise control or direction over the manner or
method by which Contractor or its subcontractors perform hereunder.
2. Contractor has the power to enter into the transaction contemplated by this
Agreement and to carry out its obligations hereunder, and is duly authorized or
licensed and in good standing as a corporation to do business in the State of
Kansas.
3. Contractor certifies that is has not been found guilty in a judicial or State
administrative agency proceeding of unfair business practices within the year
preceding the Effective Date of this Agreement. Contractor further certifies that
no other officer of Contractor has served, within the past year, as an officer of
another company which has been found guilty in a judicial or State
administrative agency proceeding of unfair business practices. Contractor

12

agrees that if the above certifications are false, then at the option of State, this
Agreement is subject to termination, such false certifications being a material
breach of this Agreement.

III.

CALLING RATES, BASIS, GUARANTEE, AND PAYMENT OF COMMISSIONS
A. Compensation
1. Collect, Pre-Paid and Debit
a. Contractor shall pay State a commission rate of forty-one and
three-tenths percent (41.3%) calculated on all Gross
Revenue generated by and through the ITS including but not
limited to all collect, debit and pre-paid inmate telephone calls.
Gross Revenue shall include, but not be limited to, all
surcharges, per minute fees and any additional fees to be paid
by the called party generated by the completion of all Local,
Intralata/IntraState, Interlata/IntraState, Interlata/ InterState
and International collect, debit and pre-paid inmate telephone
calls placed from Contractor’s equipment located at the
Facilities. Contractor shall not charge a billing fee (also
known as Bill Cost Recovery Fee) to the called party. In
addition, Contract shall not charge any set-up fees (also known
as processing or transaction fees) to the called party associated
with pre-paid calls. Any new or additional fees and/or charges
proposed by Contractor must be approved in advance by the
State. State and Contractor shall mutually agree on whether
the new or additional fees and/or charges shall be included in
Gross Revenues, and if so, the level of commission to be paid
on the additional fees and/or charges. Regulatory required
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 are excluded from the Gross
Revenue. Pre-paid calls include, but are not limited to, those
calls completed by using a pre-paid card as well as all calls
which have been pre-paid by any person or entity and by any
method of payment. Contractor shall pay commission on the
Gross Revenue before any deductions are made for unbillable
calls, bad debt, uncollectible calls, fraudulent calls, LEC
adjustments, or any other Contractor expenses. A collect call
is deemed to be complete and commission due when the called
party accepts the call regardless if Contractor can bill or collect
the revenue on the call. A debit call is deemed to be complete
and commission due when a connection is made between the
inmate and the called party, whether such connection be
established by positive acceptance or by live or automated
machine pick-up. Calls to telephone numbers that appear on
the free call list supplied by State shall not generate revenue
for Contractor and shall not be commissionable to State. Only

13

those numbers designated by State on the free call list shall be
marked as “Free” in the ITS.
b. Additionally, State shall not be liable for any of Contractor’s
costs including, but not limited to, taxes, shipping charges,
network charges, insurance, interest, penalties, termination
payments, attorney fees, or liquidated damages. Any deviation
from this process shall automatically cause the Contractor to
forfeit their Surety Bond.
2. Minimum Annual Guarantee. Contractor shall pay the State an up-front
Minimum Annual Guarantee (“MAG”) of One Million Fifty-Seven Thousand
Three Hundred and One dollars ($1,057,301.00) for each year of this
Agreement and any renewal terms. The MAG shall be due and payable to State
on December 16th 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 A.1.a of this Agreement) from December 16th of the preceding year
through December 15th 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 calculated on the Gross Revenue from December 16th of
the preceding year through December 15th of the current year is greater than the
MAG, Contractor shall calculate the additional commission due State as
described in Section III, Item A.1.a of this Agreement. The additional
commission shall be payable to the State as outlined in Section III, Item B of
this Agreement.
3. Pre-Paid Cards. Contractor shall pay State forty-one and three-tenths
percent (41.3%) of the face value of the pre-paid cards as commission.
Commission shall be due when State purchases the pre-paid cards but shall be
payable under Section II, Item B of this Agreement. All pre-paid cards
ordered and received by State shall be billed to State for the full amount of the
face value of the pre-paid cards. The pre-paid card invoice shall be payable
within thirty (30) days of State’s receipt. A pre-paid call is deemed to be
complete 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.
4. Rates. Contractor shall submit a request in writing to receive approval from
State for any rate increases and/or decreases for inmate telephone calls before
new rates are implemented. State will respond in writing to Contractor’s
request. Should Contractor decrease the calling rates without the express
written approval of State, the Contractor shall be responsible for paying
commissions on the Gross Revenue as determined by applying the calling rates
prior to the unapproved change. Should Contractor increase the calling rates
without the express written approval of State, Contractor must issue credits to
all customers that are overcharged. No commission refund shall be due from
State to Contractor for unapproved rate increases.
a. Calling rates shall be defined as the combined cost of
surcharges, any additional fees (other than taxes or regulatory

14

required charges), and per minute rates charged to the called
party.
b. Both parties have mutually agreed upon the rates for inmate
telephone calls, as detailed in Attachment C of this
Agreement. Any and all charges and fees that will be assessed
for all collect, debit and pre-paid inmate telephone calls shall
be shown in Attachment C of this Agreement.
c. For the life of the Agreement, any rate adjustments requested
by Contractor for inmate telephone calls must be requested by
Contractor in writing and approved by State in writing, prior to
implementation.
d. Rate adjustments requested by State will be implemented by
Contractor within four (4) days of said request, subject to
regulatory approval.
State shall have the option to review generated call volume and earned
commission based on the calling rates specified on Attachment C every six (6)
months throughout the life of the Agreement. The reviews shall be conducted
by State and/or its Designated Agent and shall cover the preceding six (6) to
twelve (12) months of traffic. If the commission earned by State exceeds the
MAG, (or is projected to exceed the MAG when evaluating only six (6) months
of traffic) State shall have the option, with Contractor’s mutual agreement, to
decrease the calling rates.
B. Payment and Reporting
1. Payments and reports due State or its Designated Agent hereunder shall be
made by Contractor no later than the twentieth (20th) day of the month
following the month of traffic. Commission payments shall be sent via wire
transfer and traffic detail reports shall be sent via electronic format to State or
its Designated Agent.
2. Traffic detail reports shall include a detailed breakdown of the traffic for all
collect, debit and pre-paid calls for each inmate telephone or inmate telephone
station. Traffic detail shall include, at a minimum, each of the following items
for each inmate telephone station broken down by collect, debit, and pre-paid
call types: (a) Facility Name; (b) Facility Identification Number; (c) Facility
Street Address, City, State, and Zip Code; (d) Automatic Number Identifier, or
Inmate Telephone or Inmate Telephone Station Number; (e) Total Gross Local
Revenue and Commission per Inmate Telephone or Inmate Telephone Station;
(f) Total Gross Intralata/IntraState Revenue and Commission per Inmate
Telephone or Inmate Telephone Station; (g) Total Gross Interlata/IntraState
Revenue and Commission per Inmate Telephone or Inmate Telephone Station;
(h) Total Gross Interlata/InterState Revenue and Commission per Inmate
Telephone or Inmate Telephone Station; (i) Total Gross International Revenue
per Inmate Telephone or Inmate Telephone Station; (j) Commission Rate; (k)
Total Commission Amount (including, but not limited to, Local,
Intralata/IntraState, Interlata/IntraState, and Interlata/InterState); (l) Period
Dates; (m) Total Minutes of use per Inmate Telephone or Inmate Telephone

15

Station for each call type; (n) Total Number of Calls per Inmate Telephone or
Inmate Telephone Station for each call type; (o) Total Debit Usage for each
call type; (p) Total Pre-Paid Usage for each call type.
3. Monthly raw Call Detail Records and Billing Files shall be delivered to State
and/or its Designated Agent no later than the twentieth (20th) day of the month
following the month of traffic.
a. The Billing Files shall contain all fields, with the contents of
said fields in the exact format and exact content as those files
prepared and submitted for billing to the called party. The
billing files shall be accompanied by a complete file map and
complete field legend. The billing files shall contain, but shall
not be limited to, the following fields: (a) Site ID; (b) Site
Name; (c) Batch ID; (d) Row ID; (e) From ANI; (f) To ANI;
(g) Begin Time; (h) End Time; (i) Duration; (j) Call Amount;
(k) Type of Call; (l) Originating City; (m) Bill City; (n) Bill
State; (o) Revenue Period.
b. The raw Call Detail Records shall contain all calls (both
attempted and completed) which originated from the Facilities
for each day and each time of the day for the period for which
said raw Call Detail Records are requested. The raw Call
Detail Records shall contain the unedited data including all
fields and all field content. When requested, these records shall
be accompanied by a complete file map and complete file
legend. The raw call detail records shall contain, but shall not
be limited to, the following fields: (a) Origination Number; (b)
Dialed Number; (c) Facility; (d) Facility Identifier; (e) Call
Date; (f) Call Time; (g) Status; (h) Status Code; (i) Trunk; (j)
Duration in Seconds; (k) Call Amount; (l) Route; (m) Station;
(n) Completion Status; (o) Inmate ID; (p) Call Type; (q)
Validation Result.
4. Commission discrepancies must be resolved by Contractor within thirty (30)
days of written notification of a discrepancy by State or its Designated Agent to
Contractor or such discrepancy is subject to late charges, as described below
and/or termination of the Agreement at the sole discretion of State, and/or any
other legal course of action State elects to pursue.
5. Payments and/or traffic detail reports received by State after the due date will
be subject to late charges. The due date for all payments and reporting is the
twentieth (20th) day of the month following the month of traffic. Late charges
for commission payments shall be equal to five percent (5%) per month of the
commission due. Late charges for traffic detail reporting shall be a fee of
$750.00 per month for each report not received by the twentieth (20th) day of
the month following the traffic month. If both the commission payment and
reporting are not received by the due date, the larger of the late charges will be
imposed.

16

C. Audit Rights
1. State, or its Designated Agent, shall have the right from the Effective Date of
the Agreement and for a period of two (2) years after the termination date of
the Agreement, upon ten (10) days written notice, to fully audit or examine any
and all Contractor information pertaining to this Agreement one time per year.
2. Contractor shall maintain accurate, complete and auditable records fully
reflecting the Gross Revenues from which commissions can be determined,
including all call detail, Billing Files, pre-paid card and/or debit purchases, and
commission reports during the term of the Agreement and for no less than two
(2) years after the term of the Agreement covered thereby in accordance with
generally accepted accounting principles. Failure by Contractor to comply
with this full audit rights provision will be grounds for termination of the
Agreement at State’s sole discretion.
3. State may also employ at its cost and discretion any Agent or subcontractor of
its choosing in the performance of such audits. If an audit reveals a shortage
State and Contractor shall be notified promptly and the shortage will be paid
immediately. Further, if a shortage occurs that is greater than 5% of the annual
commission due, Contractor agrees to pay the reasonable cost for the annual
audit.

IV. MISCELLANEOUS TERMS
A. Interpretation. This Agreement shall be interpreted under, and governed by, the Laws
of the State of Kansas. The parties hereto agree that any action relating to this Agreement
shall be instituted in the State of Kansas.
B. Severability. If any part of this Agreement is contrary to any Federal, State or Local
law, it is not applicable and such invalidity shall not affect the other provisions or
applications of this Agreement which can be given effect without the invalid provision or
applications. To that end, the provisions of this Agreement are declared to be severable.
If any provision hereof is held invalid by a Court of competent jurisdiction, that provision
shall be automatically deleted and all remaining provisions shall remain in full force and
effect.
C. Discrepancy. Should there be a discrepancy in the Agreement, the RFP, and the RFP
response, the terms and conditions contained in the Agreement and its amendments will
prevail over the RFP, and the RFP will prevail over the responses to the RFP. However,
in the event of any conflict, forms DA-45 and DA-146a shall control over all other
documents.
D. Dispute Resolution
Resolution by Executives. All disputes will first be submitted for resolution to a top
executive of each Party. Each such executive shall have authority to bind the Party in all
matters in connection herewith. Within thirty (30) days of such submission, the
executives will meet to resolve the dispute and may decide to hear additional arguments

17

that a party may wish to make in connection therewith. If the executives reach agreement
on the disposition of the dispute, they will promptly issue their joint written decision
resolving the dispute. Any dispute dealt with in this manner will be considered
conclusively resolved and may not be the subject of any arbitration or litigation between
the Parties. Any dispute that cannot be promptly decided in this manner by the
executives may be taken by the aggrieved party to arbitration as described below.
In Witness Whereof, the Parties have set their hands as on the day and year written below, acting through
their authorized representatives.
Kansas Department of Corrections:

Embarq Payphone Services:

Authorized Signature

Authorized Signature

Typed or Printed Name

Typed or Printed Name

Title

Title

Date

Date

18

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

General Requirements
Contractor shall furnish, install and maintain telephones for use by inmates at the Facilities
operated by State shown in Attachment B of this Agreement. Contractor shall provide all
telephone services to the inmates utilizing Contractor’s ITS in accordance with those
requirements and provisions set forth in this section.
A.

B.

II.

Contractor shall notify State of any new software upgrades within thirty (30) days of the
introduction of the new software into the market by Contractor. Contractor shall upgrade
the ITS with new software versions and new hardware as required by State at no cost to
State.
Contractor shall comply with all applicable laws, rules, regulations, and orders of any
authorized agency, commission, unit of the federal government, State, county, or
municipal government at no cost to State. The Contractor shall be authorized by the
appropriate governing body and/or regulatory agency to be an Inmate Telephone Service
Provider.

Security
All Contractor employees shall obtain, at Contractor’s cost, the appropriate personnel background
security clearances prior to arrival at the Facilities. All Contractor employees will comply with
State policy and procedures. Entry to the Facilities is subject to the approval of State and/or the
individual Facility Wardens.

III.

Single Point of Contact
Contractor shall appoint an Account Executive (“AE”) who will act as a single point of contact
for all inmate telephone-related activities, inquiries, service requests and issues. Contractor will
provide a toll free telephone number for inmate telephone service issues. Contractor shall also
provide a fax number and an Internet email address.

IV.

Initial and Ongoing Installations
A. For each installation, Contractor shall submit an implementation plan that shall include an
installation schedule. Any initial installations must be completed within seventy-five (75)
days of the date Customer awards the Facilities to the Contractor. This implementation plan
will become a part of the Agreement and must be followed.
B. Contractor agrees to obtain State’s written permission before proceeding with any work that
requires cutting into or through girders, beams, concrete or tile floors, partitions or ceilings,
or any work that may impair fireproofing or moisture proofing, or potentially cause any
structural damage. State does not anticipate that such work will be required for the initial
installation of the ITS.

19

C. Contractor agrees to assume responsibility for all installation of equipment in accordance
with the specifications contained in the manufacturer's installation instructions.
D. The Contractor shall provide a signed Statement indicating that all circuits have been tested,
and that all cables, pairs, blocks, frames, and terminals are legibly marked after completion of
each installation.
E. Use of existing or in-place conduit, raceways, cable ways, cable, inside wiring, telephone set
mountings, switches, terminal boxes, enclosures, and terminals within the Facilities are at the
risk of the Contractor. No exposed wiring will be permitted. Ownership of any wiring or
conduit placed under this Agreement by the successful Contractor becomes State’s property
upon termination and/or expiration of the Agreement.
F. Contractor agrees that if any cabling work is required as part of any installation, all new
cables shall be used and marked clearly and legibly at both ends, and must meet all applicable
EIA/TIA wiring standards for commercial buildings.
G. Contractor shall install additional telephones and monitoring and recording equipment as
needed at no cost to State. This includes expansion to the existing Facilities and any newly
constructed Facilities. This shall be done throughout the Agreement period and all subsequent
renewal terms.
H. Contractor shall provide and install adequate surge and lightning protection equipment on all
lines used for the ITS.
I.

Installation of all telephones and related equipment shall be accomplished during normal
business hours at each Facility or as directed by the individual Facility’s Warden.

J.

Contractor shall clean up and remove all debris and packaging material resulting from work
performed.

K. Contractor shall restore to original condition any damage to State’s property caused by
maintenance or installation by personnel associated with the Contractor, including repairs to
walls, ceilings, etc.
L. Contractor agrees to install, repair and maintain all Contractor provided equipment and lines
at no cost to State. All Contractor provided equipment, installation, maintenance and repair
costs as well as all costs or losses due to vandalism shall be the total responsibility of the
Contractor.
M. Upon completion of initial installation and ongoing installations, Contractor must provide
State with a list of telephone numbers, serial numbers, and the location of each unit.
V.

Station Equipment Specifications
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.

20

A.

Each call, having been identified as being placed through the Contractor’s ITS, shall be
delivered to the called party as a collect call, pre-paid and/or a debit call, if the pre-paid
and/or debit application is in effect and chosen as the means to place the call.

B.

Telephone station equipment shall be powered by the telephone line and require no
additional power source. A power source will be available at the demarcation location at
each Facilities.

C.

The ITS shall comply with all Federal Communication and/or Utility Commissions
regulations. The ITS and telephone stations shall be sturdy, non-coin, tamper-free,
durable, vandal resistant, steel armored and suitable for a detention environment. The
equipment must contain no removable parts.

D.

Contractor shall provide a sufficient number of telephone lines to the ITS to prevent
inmates from receiving busy signals more than 0.5% of the time.

E.

Contractor shall provide telephone reception quality at least equal to the toll quality
offered to the general public and shall meet telecommunication industry standards for
service quality. A minimum of twenty (20%) percent of the telephone sets must be of the
“amplified” or volume controlled sort. Contractor shall accept State’s decision regarding
whether the reception quality meets industry quality standards.

F.

Call acceptance by the called party shall be accomplished for all collect, debit, and prepaid calls through caller confirmation (positive acceptance). Voice recognition is not an
acceptable method for positive call acceptance. The ITS shall be able to recognize and
distinguish standard or irregular busy signals, standard or irregular ringing signals,
answering machines, cellular telephones, pagers, operator intercepts, quick disconnects,
chain dialing, no voice from called party, etc.

G.

Contractor must assume all responsibility for fraud.

H.

During the call set up process, the ITS shall provide a pre-recorded announcement
identifying that the call is coming from a specific inmate at the Facilities listed in
Attachment B of this Agreement. All calls must be clearly identified as collect, debit or
pre-paid calls to the called party. The announcement heard by the called party must be
free of any toll charges and shall also include: "This call may be recorded and may be
subject to monitoring.”

I.

The ITS shall process calls on a selective bilingual basis: English and Spanish. The
inmate must be able to select the preferred language utilizing a simple code. Written
dialing instructions in both English and Spanish must be permanently and prominently
displayed on each inmate telephone.

J.

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

K.

The ITS shall provide a recording back to the inmate which details why a call was not
completed.

21

L.

The ITS shall have the capability to allow free, local telephone calls per inmate as
required by State.

M.

The ITS shall have the capability to program a specific speed dial code to selected
numbers as determined by State.

N.

The ITS shall, upon request by State, provide specific information for tracking inmate
calling activities and calling patterns by individual telephone numbers. The following
reports shall be available for monitoring and billing purposes:
1.

Monitoring reports that can be provided or sorted by any or all of the following
criteria:
a.
Daily statistical reports;
b.
Facilities name;
c.
Originating number;
d.
Terminating number;
e.
Date of call;
f.
Time of day;
g.
Length of call;
h.
Type of call;
i.
PIN number;
j.
Frequently called numbers (for all numbers called more than 5 times in
one day);
k.
Common numbers called (for all numbers called by more than one
inmate);
l.
Originating station;
m.
Reason for call termination; and
n.
Bill type

2.

Billing reports that can be provided or sorted by any or all of the following
criteria:
a.
Call detail report;
b.
Amount charged per call;
c.
Gross revenue;
d.
Daily statistics;
e.
Monthly statistics;
f.
Called party/number accepting report;
g.
Fraud/velocity report;
h.
Separate Facilities totals and statistics;
i.
All Facilities totals and statistics;
j.
Total calls;
k.
Calls by date;
l.
Time of day; and
m.
Length of a call.

O.

The ITS shall also provide the capability to customize reports in a form mutually agreed
upon by State and/or its Designated Agent and Contractor.

P.

The call detail records shall be stored in a minimum of three (3) locations to avoid any
possibility of call detail records being lost.

22

Q.

R.

Contractor shall have the ability to perform remote diagnostics to the ITS to determine if
a problem is with the telephone unit or with the telephone line.

S.

The ITS shall be TCP/IP compatible and allow multiple operators simultaneous access
while maintaining adequate security to prevent unauthorized use and access.

T.

Contractor shall provide accommodations necessary to comply with Americans with
Disabilities Act (ADA) requirements, including but not limited to providing telephones
which are accessible to persons in wheelchairs and providing systems that are compatible
with Telephone Devices for the Deaf (TDD). Contractor shall ensure security and control
of all calls placed with the TDD units provided under this RFP. Contractor shall provide
the requested number of TDD units as specified in Attachment B of this Agreement.

U.

The ITS must offer the called party an option to receive a rate quote at the time of the
call.

V.

Pro bono calls to Consulates of all countries are required for ICE detainees and shall be
provided at no cost to State.

W.

VI.

The ITS shall store all call detail records, including all attempted and completed calls
from the Facilities for the life of the agreement including all additional terms. State shall
have access to all call detail records from the workstations or remote computers. The
workstations shall provide the capability to print a call detail report and/or copy the call
detail records onto a Compact Disc (CD).

Contractor shall have the capability to establish an “informant” line. Calls to the
“informant” line shall be free and shall be routed via the ITS to a destination designated
by State. If so requested by State, the destination for the “informant” line may be an
automated voicemail box.

Security Features
A.

The ITS shall prohibit direct-dialed calls of any type.

B.

The ITS shall prohibit access to "411" information service.

C.

The ITS shall prohibit access to 800 and 900 type services.

D.

The ITS shall prohibit access to multiple long distance carriers via 950, 800 and 10 10XXX numbers.

E.

The ITS must be able to be shutdown quickly and selectively. State must be able to
shutdown the ITS by cut-off switches at several locations including, but not limited to:
1.
2.
3.

F.

At demarcation location - total Facilities telephones;
By central control center - select telephones; and,
By select housing units - control center.

The ITS shall be able to take an individual station out of service without affecting other
stations or units.

23

G.

H.

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

I.

The ITS, upon detection of a three way call (call forwarding and conference calls, etc.),
shall have the capability to terminate the call immediately.

J.

Contractor shall notify State once the ITS has the capability to detect and terminate
Remote Call Forwarding calls.

K.

The ITS shall have the ability of answer detection.

L.

The ITS shall be capable of denying certain telephone numbers from inmate dialing.

M.

The inmate's call shall be muted until the called party has positively accepted the collect,
debit or pre-paid call.

N.

The ITS shall be capable of limiting the length of a call, providing the dial tone at certain
times of the day and allowing a maximum number of minutes per inmate, per month.

O.

VII.

The ITS shall prevent any inmate telephone from receiving any incoming calls.
Contractor agrees that no inmate telephone shall be capable of receiving an incoming call
and Contractor shall work with the local exchange carriers (LECs) to ensure such control.

In all circumstances, the service shall limit the inmate to a single call request. The
service shall always require the inmate to disconnect and initiate another call.

Personal Identification Number (PIN) Application
This application may or may not be implemented by State.
A.

The PIN application shall work with the ITS using all the features and functionalities
described herein.

B.

The ITS shall have the capability to provide collect, debit and pre-paid station-to-station
calling utilizing a PIN.

C.

The ITS shall provide Personal Allowed Numbers (PANs) associated with each PIN.
These PANs shall store a set quantity of allowed telephone numbers for each inmate.

D.

The ITS shall be capable, upon request by State, to provide specific information for
tracking inmate calling activities and calling patterns by individual telephone numbers.
The following reports shall be available for monitoring purposes:
1.
2.

E.

PANs per inmate or identifying number;
Calls by PIN or other identifying number.

The ITS shall have the capability to generate PINs for inmates through the inmate
telephones by randomly generating some number unique to the inmate.

24

F.

G.

The PIN numbers shall be stored in a database that is accessible to designated users,
depending upon the user’s password level.

H.

The ITS shall include, at a minimum, an alert system that will detect and prohibit an
attempted call made to a restricted number, an attempted call using a restricted PIN, or an
attempted call made from a restricted telephone.

I.

The ITS shall be capable of transferring inmate information (PINs, PANs, etc.) from one
Facility to another Facility without requiring manual re-entry of the inmate information.

J.

VIII.

The ITS shall have the capability to interface with the State booking system so that the
inmate PIN will be automatically transferred to the ITS. If State elects the interface
option, the Facilities shall not be responsible for entering PIN numbers into the ITS when
new inmates are added.

Once an inmate’s account has been activated in the ITS, the inmate shall be allowed to
place calls from any of the Facilities listed in Attachment B of this Agreement.

Monitoring and Recording Requirements
A.

The ITS shall allow State staff at the Central Office in Topeka, KS to remotely monitor
live conversations and to access call recordings for all of the Facilities listed in
Attachment B of this Agreement.

B.

The ITS shall be capable of permitting full monitoring and recording of all calls from any
telephone within the Facilities unless there are restrictions that prohibit the recording and
monitoring of certain calls such as attorney-client restrictions. The ITS shall have the
capability to exclude those calls.

C.

The ITS shall comprehensively record all calls. At a minimum, the Facilities and State
shall have the capability of playing back a recorded call. All call recordings shall be
stored online for the life of the contract and any additional terms and shall be stored
offline indefinitely. Contractor will be responsible for supplying all CDs/media for the
storage of call recordings at no cost to State throughout the life of the Agreement and any
renewal terms.

D.

The monitoring and recording of calls shall be selectively programmable by one or all of
the following:
1.
Housing Unit;
2.
Start and Stop Time and Date of Call;
3.
Called Number; and
4.
PIN.

E.

The ITS shall be capable of showing real time call activity on a workstation. This
activity shall be detailed by date of call, start time of call, stop time of call, originating
telephone station number and called number.

F.

The ITS shall allow the manual set up of the monitoring and recording connection on an
as needed basis on the workstations provided by Contractor and located at the Facilities.

25

The ITS shall have the ability to select a particular telephone number for recording or
monitoring while a call is in progress.
G.

H.

The ITS shall provide for simultaneous playback of recorded calls and continuous
recording of live conversations. It is mandatory that the playback of any selected channel
must be accomplished while continuing to record all input channels.

I.

The ITS shall provide for continuous on-line diagnostics and continuous supervision, as
well as local remote offline system control access for advanced programming and
diagnostics. Access to the built-in advanced diagnostics and program control shall be
accessible via modem by service center personnel and shall provide failure reports,
service history and other diagnostics.

J.

The ITS shall provide the capability to copy call recordings onto a compact disc (CD) or
other storage media in audio or MP3/data format. The storage device shall be provided
by Contractor and located with the recording equipment in the area designated by State.
The storage device shall be capable of transferring recordings with virtually no loss in
quality and shall be capable of placing either a visual or an audio time and date stamp
within the recording or call record. The storage device shall have a monitor amplifier and
speaker so that the system user may confirm accurate transfers of the recorded
information.

K.

Time and date entries for each recorded conversation shall be displayed on a per channel
basis. The ITS shall display all conversations in chronological order to facilitate research
and playback.

L.

Contractor shall provide the requested number of workstations as specified in
Attachment B of this Agreement, working real-time with the ITS, for such monitoring,
recording, and reporting. The workstations shall include a CD burner and printer. At the
request of State, Contractor shall provide remote access to the ITS. The provision of
remote access shall allow State the same features and functionalities, permitted by the
user’s level of access, available on the workstations supplied by Contractor under this
Agreement.

M.

Contractor must describe how alarms and printed information will be provided.

N.

IX.

The ITS shall have the capability of automatically calling and alerting investigators and
offering live monitoring of calls. Contractor shall include detailed information on its
alert application detail, at the minimum, the types of alerts available (cell phone, pager,
email, etc.), required security PIN for accessing the real-time call, etc.

Contractor shall provide an uninterrupted power supply source to ensure there is no loss
of recordings or real time call data in the event of a power failure.

Inmate Based Pre-Paid or Debit Application
State plans to implement an inmate based pre-paid and/or debit application at each of the
Facilities. The application must include, but not be limited to, the following:
A.

The inmate based pre-paid and/or debit application shall work with the ITS provided.

26

B.

C.

The inmate based pre-paid or debit application shall allow for prepayment to a specific
inmate’s account by an inmate or a member of inmate’s PAN.

D.

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

E.

The inmate based pre-paid or debit application shall allow international calls.

F.

The inmate based pre-paid or debit application shall have the capability to terminate a
debit account and refund income to the inmate or participant on the inmate’s allowed
PAN.

G.

X.

The debit application shall interface with the current Commissary System for ease of
transfer of money from the commissary account to the Inmate ITS account.

The inmate based pre-paid or debit calling rates are specified in Attachment C of
this Agreement.

Training
A.

B.

XI.

Contractor shall provide training to State’s staff and the Facilities as directed by State.
Additional training shall be provided during the Agreement period at no cost to State.
Training manuals shall be provided to State at all training meetings and will become the
property of State.
Informational pamphlets shall be available for inmates relative to the applicable features
and functionalities of the ITS, when requested by State.

Transition or Responsibilities of Contractor
A.

Contractor shall work with Customer, its Designated Agent, and the new Contractor to
ensure an orderly transition of services and responsibilities under the Agreement and to
ensure the continuity of the services required by Customer.

B.

Upon expiration, termination, or cancellation of the Agreement, Contractor shall
cooperate in an orderly transfer of responsibility and/or the continuity of the services
required under the terms of the Agreement to an organization designated by State.
Contractor shall provide and/or perform any or all of the following responsibilities:
1. Contractor acknowledges that the call records, call recordings, documentation,
reports, data, etc., contained in the ITS are the property of State. Further, the call
detail records, documentation, reports, data, etc. shall be provided to State by
Contractor in a workable, software-compatible format at no cost to State.
2. Contractor shall discontinue providing service or accepting new assignments under
the terms of the Agreement, on the date specified by State. Contractor agrees to
continue providing all of the services in accordance with the terms and conditions,
requirements and specifications of the Agreement for a period not to exceed ninety
(90) calendar days after the expiration, termination or cancellation date.
Commissions will be due and payable by Contractor to State at the compensation rate

27

provided in the Agreement until collect, debit and/or pre-paid calls are no longer
handled by Contractor.
3. All ITS inside wiring shall become the property of State at the conclusion of the
Agreement. The Contractor agrees to remove its equipment at the conclusion of the
Agreement in a manner that will allow the reuse of that wire distribution.
XII.

General Maintenance
A.

Contractor shall provide the necessary labor, parts, materials, and transportation to
maintain all proposed telephones in good working order and in compliance with the
equipment manufacturer's specifications throughout the life of the Agreement. No charge
shall be made to State for maintenance of the ITS.

B.

Contractor shall maintain all cable related to the ITS, whether reused or newly installed.

C.

Contractor shall respond to repair requests from State or its Designated Agent by arriving
at the site promptly after reasonable notice has been given on a twenty-four (24) hours a
day, seven (7) days a week basis, 365 days a year.

D.

Repairs or replacement shall be started by a qualified technician within four (4) hours
following notification of a service request or ITS failure. Contractor must exhibit to State
a best effort approach to completion of the repairs or replacement during the first twentyfour (24) hours following notification of a problem for normal maintenance and within
twelve (12) hours following notification of a problem for emergency outages. State shall
be notified of progress and/or delays in progress until there is resolution of the problem.
Contractor shall notify State and/or its Designated Agent any time a technician will be
dispatched to the Facilities.

E.

State may cancel the Agreement with Contractor if Contractor has not cured a material
service problem within ten (10) days of Contractor receiving notice of the problem from
State or its Designated Agent.

F.

A complete list of contractors/subcontractors, managers, administrators, technicians, etc.
must be provided to State. This includes a complete list of business, cellular and beeper
numbers; the Contractor’s management home and emergency telephone numbers must
also be furnished. Provide a copy of the current repair procedure policy for both normal
maintenance and emergency outages.

G.

Either party shall report to the other party any misuse, destruction, damage, vandalism,
liability, etc. to the ITS. Contractor will assume liability for any and all such damages.
In addition, Contractor shall ensure that all inmate telephones are operable and
maintained at an acceptable level.

H.

All issues surrounding the ITS service shall be reported by Contractor to State or its
Designated Agent promptly.

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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
Toronto Correctional Facility
Route 1, Box 41
Toronto, KS 66777

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

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

Lansing Correctional Facility
301 E. Kansas
Lansing, KS 66043-1619

Osawatomie Correctional Facility
Carmichael Bldg.
Osawatomie, KS 66064

Norton Correctional Facility
Route1, PO Box 546
Norton, KS 67654

Stockton Correctional Facility
1210 E. Cedar
Stockton, KS 67669

Winfield Correctional Facility
1806 Pinecrest Circle
Winfield, KS 67156

Wichita Work Release Facility
401 S. Emporia
Wichita, KS 67202

Ellsworth Correctional Facility
1607 State Street
Ellsworth, KS 67439-1628
Larned Correctional Mental Health Facility
Route 3, PO Box E
Larned, KS 67550
Topeka Correctional Facility
815 SE Rice Road
Topeka, KS 66607

29

ATTACHMENT B (Continued)

Inmate Telephones Required

Facility Name

# of Inmate Telephones

El Dorado Correctional Facility (including North Unit)
Ellsworth Correctional Facility
Hutchinson Correctional Facility (including East Unit)
Lansing Correctional Facility
Larned Correctional Mental Health Facility
Norton Correctional Facility
Osawatomie Correctional Facility
Stockton Correctional Facility
Topeka Correctional Facility
Toronto Correctional Facility
Wichita Work Release Facility
Winfield Correctional Facility

418
78
113
150
23
56
6
7
35
4
28
63

Workstations Required

Facility Name

# of Workstations

El Dorado Correctional Facility (including North Unit)
Ellsworth Correctional Facility
Hutchinson Correctional Facility (including East Unit)
Lansing Correctional Facility
Larned Correctional Mental Health Facility
Norton Correctional Facility
Osawatomie Correctional Facility
Stockton Correctional Facility
Topeka Correctional Facility
Toronto Correctional Facility
Wichita Work Release Facility
Winfield Correctional Facility
KDOC Central Office

2
1
2
2
1
1
0
0
1
0
1
1
1

30

ATTACHMENT B (Continued)
Portable and TDD Telephones Required

Facility Name

# of Portable
Telephones

TDD Units

El Dorado Correctional Facility (including North Unit)
Ellsworth Correctional Facility
Hutchinson Correctional Facility (including East Unit)
Lansing Correctional Facility
Larned Correctional Mental Health Facility
Norton Correctional Facility
Osawatomie Correctional Facility
Stockton Correctional Facility
Topeka Correctional Facility
Toronto Correctional Facility
Wichita Work Release Facility
Winfield Correctional Facility

2
2
2
2
1
1
1
1
2
1
0
1

2
2
2
2
1
1
1
1
2
1
0
1

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ATTACHMENT C

CALLING RATES

CALL TYPE

COLLECT
Surcharge

Local
Intralata/Intrastate
Interlata/Intrastate
Interlata/Interstate
International

$2.61
$2.30
$1.96
$1.70
N/A

Per Minute
Rate
$0.00
$0.10
$0.41
$0.40
N/A

PRE-PAID COLLECT
Surcharge
$2.19
$1.86
$1.27
$1.30
$1.30

Per Minute
Rate
$0.00
$0.09
$0.38
$0.35
$0.35

INMATE BASED PREPAID/DEBIT
Per Minute
Surcharge
Rate
$1.96
$0.00
$1.73
$0.07
$1.47
$0.31
$1.28
$0.30
$1.28
$0.30

32