Prison Phone Justice

AMENDMENT
Amendment Date:

November 29, 2011

Amendment Number:

3

Contract ID:

10481

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

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

Agency:
Location(s):

Dept. of Corrections
Various KDOC Facilities

Period of Contract:

December 17, 2007 through December 16, 2012

Contractor:

CenturyLink Correctional Markets
Formerly (EMBARQ Payphone Services, Inc.)
SMART ID:
0000155806
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

Amendment: ??
Page 2

Amendment No. 3
to
No. 10481
Agreement Between
Kansas Department of Corrections (KDOC) and
CenturyLink Correctional Markets (CCM) for
Inmate Telephone Service
This Amendment is made this 14th day of October, 2011 by and between the KDOC and
CenturyLink Correctional Markets1.
WITNESSETH:
WHEREAS, the parties entered into an Agreement for Inmate Telephone Service
(Agreement) dated December 16, 2007; and,
WHEREAS, the parties entered into Amendment No. 1 to the Agreement dated January
15, 2009; and,
WHEREAS, the parties entered into Amendment No. 2 to the Agreement dated
September 9, 2010; and,
WHEREAS, the parties have determined that the Agreement requires further amendment;
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. All terms and conditions of the Agreement, Amendment No. 1, Amendment No. 2
and Agreement shall remain in full force and effect except as specifically amended
herein.
2. Section C. Agreement Term and Termination, Subsection 1. Agreement Term of
the Agreement is amended to reflect that the Agreement is extended through
December, 16, 2012, with the option to extend this Agreement on a month to
month basis thereafter.

1

Embarq Payphone Services changed its name to CenturyLink Correctional Markets effective June 1, 2009.

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:

Greg Davis
(New Procurement Officer)
785-296-2770
greg.davis@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 December 16, 2012

Contractor:

CenturyLink Correctional Markets
Formerly (EMBARQ Payphone Services, Inc.)
SMART ID:
0000155806
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:

(Updated November 29, 2011)

Contract Number: 10481
Page 2

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.

Contract Number: 10481
Page 3

B. Agreement Formation - The Agreement between the parties consists of:
a.
b.
c.
d.

Amendments to this Agreement;
This Agreement;
Request for Proposal No. 10481; and
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.
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.

Contract Number: 10481
Page 4

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 nonperformance, 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.
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:
Division of Purchases
Department of Administration
900 S. W. Jackson, Room 102
Topeka, KS 66612-1286
RE: Contract 10481
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.

Contract Number: 10481
Page 5

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 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

Contract Number: 10481
Page 6

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.
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.

Contract Number: 10481
Page 7

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.
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:
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).

Contract Number: 10481
Page 8

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 TwentyFive 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 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.

Contract Number: 10481
Page 9

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.
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

Contract Number: 10481
Page 10

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 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.

Contract Number: 10481
Page 11

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 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

Contract Number: 10481
Page 12

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 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.

Contract Number: 10481
Page 13

a. Calling rates shall be defined as the combined cost of surcharges, any additional
fees (other than taxes or regulatory 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 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.

Contract Number: 10481
Page 14

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.
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.

Contract Number: 10481
Page 15

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 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 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.

Contract Number: 10481
Page 16

ADDENDUM
June 8, 2009
Addendum Number:

1

Contract Number:

10481

PR Number:

014621

Item:

Telephone Services-Inmate

Agency:

Kansas Department of Corrections

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, Kansas 66212
Toll Free Telephone: 877.907.7774
Local Telephone: 913.534.5699
Fax: 913.397.3591
FEIN: 59.3268090
Mike Hynes
michael.p.hynes@embarq.com
Telephone: 866.224.5139
Cell: 724.612.6249

Contact Person:

Conditions:
Please see the attached
Charles E. Miller
Procurement Officer
CEM:nl

Contract Number: 10481
Page 17

Amendment No. 1
10

AgTeeme.nt #11H81 Bctweal
Kansas Department of Correctionl aDd
En:ab:u q Payphone S ervices for

hurulte Telephone Service

ThU Fint.Ameudmcnt (".Ameodment'j has lID e ffective date of JIIIIIWy IS, 2009 ("Ame:ndmcm
Effectiyc
by and betweo::o K.amas Dcpar1IllCl1l of Coa«::tioou with iu principal place of business
klcatcd at 900 SW JaclcIon Street. ... Floor, Topclca, K.S 66612 C'KIX>Cj and EmbarqPayphone
Servi<:el, Inc. with its principal place of blaine" loeaud at 9300 Metcalf Avenue. Overland hdc, K.S

Date,

~~.

WITNESSE1R:
WHERl!AS, 011 Do;ember 16, 2007, KDOC and Comractor entcrod. intO an Ajp"CeIIICUt for
Inmate Telephone Service ("Agn:cmc:ntj under which COntractOT agreed to in.staJl and opente prisoo
inmate tekpOOnc:a. related I!IqUipmeut and additional/optional sc:rvica funher de.::ribed in Secdoo n
upon tile premises oflCDOC's Facilities; and,
WHEREAS, the parties have determined tbar. !he Agrccmem cequU"es

Amcn~

-

<
NOW. TIiEREFORE, in contiideration of the: mutual COvenatllS herein, and !]hc:r ~
....luable cons.ideration, KpOC and CQotTactor (throufih itl IlUbcomractar, !Pay Inc.,) fij:reb~~
follows:
0
,
rn

?til
-

-

,
~
~
~
1. Attac:h.m..,at D, ContnK:tor Responsibilities COT Kiock Featwec and Functioualit§ and:pRcl~
Appli~ and Attac:h.m.eDt E, Required Eqwpmem. TnDsaetion Fees and Co§x:n~
baeby addec:I lO tile Agreement.
f;,
_

15

~

0

ATIACllMLVI'D

L

GeneraL R.equi.remeats

A.. Conlra::tOI" will provide all services desctibed in this AI1Kndmect
subcontracto.r, JPay , Inc. ("JPay'').

throu~

ils

Contract Number: 10481
Page 18

B. Con1taclof agrees to ill$.tall and operu.te primo inmate Irimlai and related applicaliODI III
no cost to KDOC. If KDOC daipates an. Agc:at, Cootm::tc.- sball follow KDOC'I
direction in workin& witn such Designated Agart.
I. The appJicatiOllf and ~ Ihall be provided in aecordancc with this IClCCiOl1
and to all of tbc KDOC Facilities liued in Attaclwaent B oftbe Agreement.
II. The applications and IJ«Vices (" Applicatioos") shall be impIemcmC(\ I i .spox.ified
in Sectioll D below and at .DO COSI to KIXX: The Applicatioru ihall include, but
.DO( be limited to the foUowina:

• • Ela::trollic Dc:pos:iu;
b. Trust AcoourIt Look-Up ,
~ Inbound Elcdrooie Melsaging w illi Attachments.
cL ~. of Inbound Eleetn:mie Mes~~ and Anacbmm!',
e. Outbound E1a:tnllllc Messaging with Attachments.
£. Storage GalJc:ry,
, . Inmate Pre-Pay/Dcbit AOCOlWI Purchasa,
h. Video Vi$itation,
I. Electronic Gric:vaIlOCll,
j . Elcc:t.roaic Calling L b l SubmissiOl1$, and
k. E1ec::tmoic Media.

c.

Corrtnctor shall notify KJX)C o f iIIlY IlC'IIi' IOftwue OJ" hardware upgrades available furinstallation for the A pplieatioUi witlWJ thirty (30) daYi of the introductiOli of the new
software 01" tJardy,'are into the ma:keI: by Corllnctor.

L Cootractor shIill provicie written detailed information about the change mdlor
1Ip(p'1lde. spccifu:al1y idmrifyiog a.dditional fean.a and fuoc:tioo.alities thai ihaU
be raade available and installed, if ~ desired by KDOC.
jJ.

Contractor Ihall n:ce:ivc written notification fino.,. KDOC andfor its Des:ignaled
~ before lICW,dingor procoeding with any chan&es.

iii. All up&nldeslchangei , hall be made by Contractor al no oost to KDOC.
D. Fai~ to pc:form under this Amrndmctlt Ihall noc constitute breach of tbe~.
Should JPay fail to ~Iy pedorro the IClVicct described, ConlJ"aClor will usc ill best
effort to identifY al'q)l"CtT'X"lI acrvi<:e with equivalent functionality for KDOC.

A. COr.lu1iIdcI" IIgr<>Ca to compl.ctc tho iDitial u.stallatioru. w ithin one hurnlred and twenty

(120) days of the Arne:odInent Effa:dve date ("Implanenlariotl Period''), and implemczlt
tho following Applications Kicctod by K.JX)C uud...- this Amcldmcnt f« KDOC
F acilitiew10cati0ns with existing data and power .DCtW«b (" Existing Wiring")'
ConlIlictor $hall work to complete tbe additional inslallatiooJ fur the KIXX::
F lli:iliticslloc.a1iona n:quiri.D.& data and power DCtWorb within thirty ( 30) days of the
oomplctiOll oftbe lmplCllJClJi3Zioa Period

,

Contract Number: 10481
Page 19

L Elettronic Dcpotits,
TIUfl Account Look·Up,
ill. lobound FJectron:ic Meo;uging with Attachments,
Iv. Printouts oflnbound EJa:tronic Messages and Attachments,
v. Outbound Electronic MeuagiDg with Attachments,
(I.

vi. Sl(>nIgcGallay, and
yfj.

Inmate Pre-PaylDebit Account Purohascs.

B. Upon lllUtual agr=ent between K.DOC and Contractor, ConItactor shall iJnplement
Iteros b - k O
fSectiOD J above within ninety (90) days.

C. Contractoc IgreQ 1 obWn KDOC's written ~on before proceedina wil:h llDy work
0
that r>:(J,uires cuttiJ:lg into or through beams, CODCl'de or tile tlooni. partir.ions or eeilings.
or any work that may i:rop&ir ftrcproOfing or moi.uure proofing, or poICIltially came fIlly
stn.ICtW1II damaiC.
D. KOOC IIgreeS 10 assist Contractor with t he file integralion, network .cI-.up, banldni
inleption and provide Comractor with pbysic.al acceu 10 the Facilities so thaI
Contracto!' can install and implement the Applicatimu within the lmpIementalioo Period.

Eo KDOC avecs 10 alJow ConlnIcIOr the use of KDOC '. Existing Wiring available ~ the
Facilities.. Existing Wiriog ~b.all include aU data connectivity from. the dMa ports to the
Coob:ao::tor'l SCM:rs iDcI.uding all switcbc:a and rcqWrcd POWC!'. CooIBctor sball be
responsible for m.tallilli additional networlt circuits III no cost to JCIXlC, IS determined
necessary, to support the provilioo of the outlined Sl:l'VicesfappLicaLiool.

i. Ownership of any wiring OJ conduit placed at the flIcililiea undCl' lhii
Ameodmc:ot by ConmIctor beoomef KDOC's propeny upon the Icrminatioo
and/or exp iratioo. of the Agreement.
ii Contractor agreca that if any C3bling work is required, all new eablCl shall be
uiCd and UlllIkod clearly and legibly at both eods and must roec.'Call applicable
EWl1A wiring d&Ddanh for oommereial buildings.

•'. Contractor may be. upon receipt of Mittcc approval from KDOC, allowed 10 \WI inmate
labor to auia with any cabl~ imtaIIltion; howeva, Contr.ctor ahaU be
responsible for utilWni its own CfeWIi for the D05D and olbc:r hardware equiprnent.

G. Installation of ali equiptneDI shall be acannplb ha:! durini nortllal business bours III each
FaciJity Of as directed by !he individual Facility's WIl!'den..

--

II. CoDtractor shall clcan. and remove an debris and packaging material resu1ting from work

L Contractor sball re8tocc to oriifnal condition lily dallUlg<: 10 KDOC', property ulIIcd by
maUrteoance or i.nsta11ation by personneIlSIOcialed with Contractor, includina repairs to
wall,. noon. oeiIings. etc~ ~ble wear and lear excepted..

J. Contractor ~ 10 innal~ repair and mainWn all Conuac:kIr pmvldcd equipmcnt ~ no
00II to KDOC. All Contractor provided equ.ipmeut, installation. maintenance, and repair

,

Contract Number: 10481
Page 20

ca.u as well U

OOlh 01" losses due to normal wear and tear 1IDdI0I" VUJdaliam &ba.Il be the
total ~ibility of the Contntctor.

K. Upoa the oompletion of the ioitial installatiOll. mel ODaoiDg installalioos, Contractor IIl\l.II
provide KDOC with a list of all serial Durnben aDd idartificn for eae.b installed kiosk.
m .

Specific:.riooa for Sen1ces Provided
A. Elec:trollie Ikposlu
I. ElectroDic: dc:polit functioD.ality shall be made available 10 me Jcncn.I public via
tbD iIIlemet. I~ (U'Ie repte&cot3th·e), lobby kioUJ · iostallcd al the
Facilities, and walk·in IocatioDL The electronic deposit f'unctiooality will enable:
lbe ge:nenl public to subtoit funds to Contrac«x- or- Contntctor-'s dcsigocc. Thc
ContnIctor or Comractoc' . De:signoc shall then submit fu.od.I; 10 KDOC for
JXl"tinJ: 10 the oom:sponding iDmate' , In1St fuod acc:ouoL

agree; to inlerliJce wilb. KDOC's innWe booki.Dgloff~
managemmt $)'$tent and u:ntnl baoIdn.g syalem at no CO$!. 10 KDOC 10 facilitate
and complete the Electronic Deposit service.

u. Comractor

liL The tralWICIion fees clwJed. 10 the general public fur Elcctrooic Deposita arc
outlined in Attachment E .

tv.

KDOC reWDI; the rigbt kI cootinue ilS ~ C>OUpOD progr..m to allow the
general public to submit deposits 10 inmate accmllllS.

". Contr3aor agz-ees that all <kposiled fundt duriag a 24 boll[" pe:riod. will be
initiated vis ACH \0 KDOC ' , banking instituti<xl w ithin one (I) banking day of
Cont1scUx"' , or Contrador designee's rec.eipt of aaid fundi and .. no COIl to

KDOC.
vi. Conuactor shal..l provide KJXX: a daily report indtnrifying all .fimd5 !hat were
depoRted for each IC.DCK:: banking RICticm. Except
lobby k:ios.k deposits. the
name and billing address (mcIo.>ding the Up code) of the penon makinS the
dqK)li.t as well 81 the name: of the inmate and ~ng KDOC ruunber
rec::eiving the deposit sball be provided by Cootnctor, at a minimwn. in the rcpo;n
p rovided to KlX)C. 0I:hcr specific inionnalion included in. the daily rqxm &ba.Il
be agrc:o:l. upon. by Comractor and KDOC.

rc.-

v:Ii.

assume responsibility for al l funds depos;ilcd b y tbe geDC!l"aJ
public. K.DOC Jhall not be held respooaible ror any charJe-bacia (K fraud.

CootnlctOl" shall

viii. Contractor 8hal1 ooDflgure ita Fla:trooic Deposit application in acco:dance with

KDOC's depolitlbanking rules and regulatiollS.
b.. At a minimum. Contractor man be rupomible fot obtainina aod \'8lidating ~
ll/I..Ille and billing IIoddn:sII (mcluding the zip code) of the party dcpOOtin, the
fimds as wcll as the name and KDOC IUlI:IIbeI- of the inmate for which the geocnI.
public is depositing funds.

•

Contract Number: 10481
Page 21

l

CootnoctOl" aar- to blstall tampec-rc$Mant and durable Icio5k Wliu suitable for a
eolTOCtional mvironment. Each kiosk. at a minimum, shall be cquippc:d with a
monitor 1Io'ith tcmpaed gIus and a built-in keyboard and mouse, at DO cost" to
KDCIC. However, c,ntractot" may inAtaIl a "I()ft-msk" model at sclect
minimum KICllrity Iocatiom dcsia:;nawd by JCDOC and only upon KDOC',
request/approval.

IL The kiOflIa shall be: vidco-viritation-ready al no COst to KDOC. The JOoskI shall
include a cxmn«:!inn for a bandset should KDOC choose to implema:Jt the video
visitation applicatioa at a later lime.
a.

KDOC acknowlcdge:a tIw Contractor'. primary line of busiDc:ss is
inmate telephone service, and that video visitati<Ju hu the poteDtial to
negatively iwpact that business. BcfoR implementinS vWIeo visitation,
KDOC and c,n1nIctOr agree to work together to develop a written,
murually aiRed upoo. 9IXlpC of sefVices that meets 1he neods of both
parties and maintains 1he ecoDOlllic benefits of the Agrecmc:Dt for both
partie..

1i.L The kioda sha.U noc include any removable paru.
Iy.

~OI" agrees to install the quaolily of kioek =ill specified in AHachmeJlt
Eo Contractor agrees to instal.l additional. Jdosks and DCCC:SJary cablingl~
at DO cost in locations apecified. by JCDOC [tnduding outdoon) tbrwg.bout 1he

life of the Agreement and/or any renewal terms. .
Y The: lciosic:s shall be eonfigured to only allow innlat.etI aeeen to the App1ic.ariOllI
.
approwod by KIXlC. Irunatcs &hall be prohibited fivt:n having any 1UX:es5 to the
internet or any oternal. application., unles. specified in thJ. section. The kiosb
WUSI communicate with pre-defined applicatioru and servcn; only.

vI. The kiocks shall not. compromise raxx;'1 network 01 secw1ty provided that the
kioU$ are placed 00. • vil1uaI. o r separale ru::twork with port locks and firew3ll
n1\c:s in place.
vii Each kiosk unit she.l.I. include: & card reader meclIanisJn to allow for the inmate'.
ID card to be swiped fOl" ..-.::ri6catioa of the inmate's Xkntity. In additiao,
Vendor'. ')!lItem sball be capable: of l\rto--gmen.tiJ'lg. unique pusword fOl" elCh
inmale upoo iIlitiallogin to be used in coo,j\lOClioo. with the inmate'. ID can:I..

\iil. "The 1ciocb sb..all be: capable: of allowina a K! number of loi\n seslioru p er
inmate,. per Jtiod: or group of kiosks. The duration fer each IcssiOll is
coofigura\ll.eand shall be des.ignatcd by K.IX>C.
iL The kiosks shall be capable: of allowing a ICI number of login .:Isions per day,
week, m001h (l(" year.

,

Contract Number: 10481
Page 22

s. 1hc kiosks IhaIl be coo1igwed to dilOl)<!ti!)I.>C llU inmate'a session afttt teD (IO)
seconds of inectivity during login and after one (1) minute of inactivity while
utiliWl3 the ApplicatkJns outlined in this Amendment..
xl. The kiO$b shall be: eonfigured tIIith III autom.alic sc:be<1ule dictating the time of
day the lriollb are availab le for Ule. The schedule shall be oonfisur.able per Idosk
o:w group of kiosb.

Jii. The kioskl shal l haw !be capability to allow
mer.saging.
..

incomina and outccJing electronic

E.c:b mcI9aII.plftamp dIaI..I be limited 10.ix thnI_nd (6.(100) charactcn if
the message is xnI in medium fonl (cIcfault ). Addltionally, iomales lJlI.y

a pDntOUl of a !DeSAge via the kios.1t and wbile logged into
hislha individual account. 1bc transaction feci p er mcsaagelstamp and
JDe$sagdstamp printout an outfuxd iD Attac.lll:ellt E.

TCql1ett

1.

Message printouu &han be processed through the Facility's
mallroom, following KDOC'. proce!ISC8 lind procedures far mail
nxe:ivcd by the facility.

1.

Each message priutout,..a1 a roinitnl lm, shall include the inmate' .
first and last name., wd.l u the inmate'. KDOC number.

b. Incoming messages lJlIIy inclw;Ie an aruct.nent. The file W.c pee
attaehment shall not excoro one (I) mc:gabyte (Ma). Each message shall
be limited to a mllXinlwn of five (S) attacbmc:ots. Additionally, tmnate6
may =tuest a primout of a r«:cived anacbmeOl. 1bc tranPCtion fUl'l
charged to !be gcncnl public for each att3Chmcm and mmsaction C""",
c:bare<::d to the inmaIes for each attac:hme:nt priDtoul are outlined in
Atuchment F_ 1nmatc:s &hili nor incur I cost for viewm., .an attacluncu..
1. Attachmalt printoutll shall be processed through the Facil.ity's
maiJ.roon:J fol1owioj: KDOC' . processes .and procedures for mail
l'eedved. by the facility.

1. Each llUdnnalt printout, at a IlIinimum. shall include tbe
~Ie 'a fu;a and lasl name as well a.s tbe illUlllte's KJXJC

"""""".

c. Tbc Contrac::toI' shan submit a request in writing 10 uccive approval6vm
KDOC for any transaction fee increases am::IIor decreases for any
appliealioa supplied by Comracu:rr plio<" 10 any DeW tramadioa foes
being implanmtai K.DOC win respond in writina to Contraetor'.

0_

rcqucat within • realJlODllble tiInefra...... Sh",,,I" c.:..tT»d.Ol" incnue the
transaction feq without the express writteo approval of KIX>C, the
C<lntnlctor sball issue cn:di.Lt to all cusromera and inmatel that Il'el"e

d.. lnmatCl Wll be limited 10 responding to received messages Of writing
new messages 10' party from wbich an inmate bas previolaly roceival. a

•

Contract Number: 10481
Page 23

-mes:uge.
customeI"

Inmales shall be prohibited from iDitiating a meqage to a
from whom the inmate hu DI:'Va received a message.

e.

The kiosks shall aiJow for e:lcdronic mc:saaielo from staff to the iIunates
or a group of imnates 11& designaled by K.JX>C; inmalel 5hall not be
allowed to rcpJy/respood to the: staff messaaea via the kiow. Any
messages from the: staff to the: inmate: or group of imnata .ball not be
charpd the pa- 5tamj) lee aod $hal.l DOt be commissionablc: to KIXX: but
s.ball be reported to KIX>C 00 \be monthly b'to&aCtian report. •

f.

Tbc DOlI!: units shan allow il:ma.te8 al the FIIcilitie. 10 retain aD inbox of
received messages. The inhox limit for rCDd and unread messages is
~ble and shall be desianated by KDOC. Upoo an inrMte:'s
release or tnnsIezo out of KD9C (;U$tJ)dy, the inmate's acc:ouo! must be
cleaai\'l.led (or aocess; through \he: kiosb. Roweva, the: imnatc' .lIdivity
and data sball be stored u specified ill Sedio. C, item v 10 allow fix
monitorin8 and administration by KDOC.

g. A chart o( all transactiol1 !ceil sball be created and posted by each Do5k
by tbe Cootractor.
xllJ. Colll.ractor shall int.c:J£tce with XDOC' s oc:ntnI1 banidn, .ystmn for the pwpoce
ofwlidaliDg inmale acxowu balances.

kiosk. upon each login, ,hall provide the iomate w1th lID optioD to obeain
hislher accaunt bIIlaoco. Contractor &hall work with lCDOC to configw-e the
acoow.rt balance wiDdow to min'or KOOC'5 inmate b~ screen.

Jiv. The

Sl'.

If an inmate: does not have sufficient fimds to Jl"OI=' a tr.msac:lioa, tbe JcioI,k
,hall provide !he iuruate w ith a decline: mc:ssage natin& tbc:re are insuffieiClll
funds in the: accoUlll to pn;lCC$S a tranlaCtion.

C. Moaltorla& and AdmWistntioB of KioIkllFntured Applieatioo,
I.

~ shall provide: KDOC and its Dc:signated Ageol wilh remote.:cess to
its centnilized I)'Stem for !he: purpOIe of /!dm iniS!erin& monilorin&. ovenee:inr:
and =-iewin& transac:6oml auoeia1c:d To'ith the IIJlPlicationsf5e1"\1ice5 pnwidc:d in
tlU Amendment Remote accc:sl shall be provided by Contractor It no 00II to
KIXX.: or its Desi8D5tOO Agent.

iL Comracto.- shaU provide and imtaU the number o r WorkstatiODS and color printet$
specified ill AttaclImeot E for each Facility mailroorn. COIltraCXOl" shall be
responsible for providing the 5UppI.y of papco: IIDd lODCI" at no cost to KDOC'
throughc:g tbc life of lhe: AgrcemcnI: and any rcnewaltenn(.).

W. Access to CODtnIctor' . system shallnoquIn:: the use o( a \l.5CnIal:Ile I!lld p&Uword.
The access level. shall be designated by KDOC and/or its Desigoated Agent.
Iv. 1bc: kiosk !ihall have: the: capabOity to record all activit)' of the UKr in an
auditable f(lntW which may be track£d through Contn.ctor's system.

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Contract Number: 10481
Page 24

v. ContnetOT shall store all messagea, reports and data online for a period of 3
moolhs and offline for a period of six (6) months bo;yond the lMt date of seryjce
under the Agreement and any exte!lSW Archived and/or offline messages,
reports and data shall be retrieval and provided by Contractor to KDOC within
two (2) business days upon receipt of !he requested messages, reports and/or

""-'.
vi. Each ineomi.ng and each OUlgoing message and/or anacbmeru. shall be rouled by
CoDtractor' s SystlClll to the Fa<.:ility's mailroom workstation(s) for revie'f and
approval in acoordaoce wjih KDOC's cc:mOBbip's rolcs and regulations.
Contractor shall eou;ure no messages can be viewed by the inmates prior 10
approval by KOOC and/or the maihoom mfr.
a. Should KDOC reject R message audlor aD attacbtnelll, Contractor's
system shall transmit a notification message 10 the party initiating the
message aodIOI' attachment that the UleiSage and/or auacluncnt has not
been approved foc delivery as well as the reason for which the message
and/or attachmeDt was not approved.
vii. Contractor' s system shall have the capability to view all stored pa5swords for
inmate kiosks accounls as well as the capability to reset an individual ~ord.
viii. Contractor' s S)'SICIIl shall haw the capability 10 allow KIX.:C to query all
messages., attachments and data stored for the Facilities.
0.. Contractor's system shall have the capability to aim KDOC pcrsOllIlel o f specific
activity based on prc-5et criteria in Contmctor's system. through ewail.
L

Contractor's system &ball have the capability to translate messages. 1be preferred
Ianguagell Ille Spanish and English.
Contractor's system shall have the ClIpabiliry to disable and/or shut off service to
a kiosk OT group of kiosb based on the USC'r levd and pusword.

xii. Contractors system shall have the capability to track certain activities and
patterns. The following repoiU (at R minimum) shaD be made available for
woWlOring and invc:stig.uivc pmpc:oes. New rcport.a, as ~cd. by KDOC,
shall be produced by Contrack:lr at 00 <XIst t o KOOC.
Dcpo.sits by inmate;
b . Deposllll by 5eIlder,
Co Messages by inmates;
d. Messages by scnda";
f. Messages by kiosk or group ofposb;
f. Unified inmate data sets;
K. Daily, wcd:1y and monthly statistiCS;
h. Totals by inmate;
I. Totals by kiosk;
j. Tocals by Facili ty;
k. Totals by transaction type;
R.

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Contract Number: 10481
Page 25

sili. Colltrac:tcw-'s system sbalI provide the capability 10 ctUlOUli.%e reportS in a fOfIllat
mut\.Ially agreo1 Upo:1 by KDOC andfor its Dc:sipod Agent and CQmrxmr .
.Dv. Comract<r', system shaD bave the capability to capture
pcrli:mDed by each system user.

lV.

aU activity

and

tasb

COlDpea5lltioO, t.voldng, P.yment JJld Reportiag

A.

Com~Dlatio D

i. Contractor shall p-y KDOC eomTDission at tho rate specified in Attac:ment E
foc all transactions generated by IIDd through ContnlC:tQl"" kioIib, internet, live
operotOn, CMh locations. and featured applicatioas. Transactions shall include,
but lI(Jt be limited to, all deposits 10 inmate aocowns, i.ncom.i.na ~sages and

altacllln mll, outgoing messages. printout$; oC IDCftllge& IIDd prinwutll of
Utac hmmts. Any new 0<" additional fCC3 and/or charges proposed by CoIltraetor
nam be approved in advance by KDOC. KDOC and C(lDtrado;r shall ·mutually
agree on the iDcreased conu:a.inion to KDOC relative to the Dew or additiou;al
fees added to ea.ch of the ~ice!ll8pplicatioo.s.

pay commission on each completed transaction before any
deductiOtl$ are made for uobillable trarulaetiona, bad debl, rejected messages,
rejected attachments rejcctc:d printouts. tmeo1Jeetible transaction.. fiaudulent
tnulSaCtions, rocn:ba.Dt adjustmc:nts. or any othec Contnr.eto!" c:xpcmcs. A
completed transaction shan be defined as the transmittal of fuod$ by tho! go::nera1
public to Conlractot, rcec:ipt ofmcssagesfattaehmentl by Conlnlaor', system fOl"
processing to the FaWity workstatiOlU, sending an outgoing I"DCUage by the
inmate 10 the facility maiIroor:n, requc:!It by the inmate via the kioU Cor a printout
of the message and request by the inmate via ·the kiosk fur a printout of tbe
anac:bmenJ.(s).

ii. Contractc." shaD

ill. Additionally. KDOC sball not be liable lOt My of Coatradot' , costs iocludin&,
but not liIlIited to, axe., shipping~, n«worX char&et-, insuranoe, i..uI:erest,
penalties, temJination payments. attorney fees, or liquidated datna&es.
B.

r..vo.ici.ne
To oomplete the n;pQrting and coounissiDrriDa: proeeues a. outllncd in Section IV,
Comrac::tQl" lball, by the IS· day o f the: month following the activity mooIh, lubmit an
inmate transaction fee invoice for p&)'!"IlCDt by XDOC. This invoice will be iwcmed by
and received directly from JPay. The invoice sball contain all transaction fees for inmate
meaagel, printours DC messages and prinrolll' of anaclu:nenu collected by KDOC' from
the inm.'Ita for the usage associated with Contractor"s kiOilks at the F&eilities for the
prevfOtll caJc:ndar month. "The: invoice shall be due and payable by KDOC within thiJty
(30) da)'$ of receipt of tile invoiCe:. KIX>C sball make luch paymenl' ocly from II speciaJ
tnnsactic:m. fees account atablished for this purpose, and in DO ease slWl KDOC be
independently responsible for paymem of tnnsacrion f ees.

C. .Payme.t aad Reportlag
L Paymentt and reports due KDOC or itS Desipaulli Agent bereunder shall be
received by KDOC and/or ill Designated Aaem 110 lata" thaa the: twentieth (20")
day of the mood! following the month of acti vity. Commissioo plyrnc:nt5 shall be
&etJt via w~ transfer and tnmIaCtion detail rqxJrtlI shall be sent via d.octroaic

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Contract Number: 10481
Page 26

format to KDOC and/or its Designated A&enl- KDOC rmdIor its Designattd
Agent will rcccive commission peymmtl dircaly from SPay.
lL Transaction ddail reportS IbaII inelude a delailed bf'ca.kdowD of the adiYiry for
all tnnsactioo type5, including but not limited to. elo:::trooie dq!osiU, doetronic
m=sa~, attacb:inenu aDd mcso.agelatlllChtneot printouli fur <*h kiosk unit.
Tr&Il5IIdioo detail shall indudc. ti a minirmun, each of the followina items for
each kiosk audfoc each tranI.:Uoo type: (a) Facility Name; (b) Facility
ldeutifieatioo Number, (e) Facility Street Addres&. City, State, and Lip Code; (d)
Kimk Identifia (when: !!pplie.\ble) (e) Tr.nsac:tioD Period Datet; (f) Gross
Revenue Pet Transaction TyPe, Per Inmate. Per Kiolk W ~ioD Rate (JJ.)
Total Commission. Amount Tnn&lCtioo Type, Per Kiosk pet Inmate (i) Total
Number of Transactions per Trausac:tioo Type, Per IGosk, Per Inmate.
III Coll1llliuion, invoicing aruVor reporti.ua: di!lCl'ql&OCies musl be resolved by

Contrnclor within lhirty (30) days of written notlficalion o f a d iscrepancy by
KDOC or its Designated Ageot to Contractor or such di5erepancy is subjecl to
laiC c.hargc&, as described below andlor len:ninatioo of the Agreemeo.l at the $Ole
disaetion of KDOC, and/or any other legal COUISe of action KDOC elecu to
pursue. 'The partie$: agree that any DOn-pCrfomwx:e by Contractor under !his
Amendment sball nQt comtitute a breach o f the Agn:e:nent.
Iy. Payme:nu and/or traIlSaCtion detail i1:pOIU reedwd by KDOC and/or i ...
Designated Agent after the due date spoeified above ....tIL be Iub;ea. to lale
charges. Late clwgcs for collllXlillSioa JIB)'JIlallS shall be equal to two perce:ol
(2"_) per month of !he COTlIltIiJ:$ioo due. l...a1e chargeI for tRDSaCtioa d euil
rqxWng shall be a fee of 5250.00 per IDOIllb forcac.h report not received by the
rwc::otieth (20"') day of the DJOlJlb folJowU!&!he activity IllODlh. Late charges for
resolWion of all invoicing dixrepancy Jball be • fee o f $25.00 ror each day that
the ~ remains 1.JIl£CSOM:d past the initW thirty (30) cay period..

A.

Con~ ihall provide the mocessary LaboI-, parts, mau:ri&b am trm.I]XltUlion 10
maintain all proposed Iriosb in pxl workina orda and in eompliane.e with the
equipment manufacturer's specitiatiom tbrougbout the life oftheA~ Nocbarge
Ihal.I be made to KDOC for maintenanoe of the Idon. or featured applicatiooJ.

B. Cootraelor sha.II have the capability to perfonn remote diag:ooRiei to determine if a
problem is &SlOciflied with the kiosle urot, network or featured application.

. C. Contr&etor m\l$1 exhibil 10 KDOC a best effort approach towards 1he completion of
IOl'twaIe service issues within one (I) biuinc::sl day of the trouble reported and two (2)
bu.iness days if the letVice is$UC requin:s repairlreplacement to the hardwll'elld05k.
D. X.DOC shall be notified of proifCSS muIIar delays =til thc:re i. • resolulion of the
problem. Contractor 5halI notify KDOC or ill Designated A&eIlI any time a technician
will bedispalcbed to the Facilities.

E. Either party sball n:port to the other party any misuse, deI:\lUClion. damage, yandaHsm,
etc. 10 the kiosk uni.... ConI:raaor must assume .U liability for any and all !iUclI dama.gu.

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Contract Number: 10481
Page 27

In addition, Cotl1nK:lor shall ~ure that all kiosks are operable at least 98% of Ihe time
on a daily, weekly and monthly basis. This -requirement excludes down-time associated
with regularly scheduled maintenancelupgrades or facility lock-downs which Tequil-e the
kiO&lcs to be shut-off. Conlnlclor shall cooperate with KDOC to ensure
mairucoanc:dupgrades do DOt take ail kiosks out of service at one time unless the W()rk is
CQlJlpleted at a time when inmates are not allowed access to the kiosks.
F. All issues surrounding the kiosks and featured applications shan be reported by
Contractor to KOOC and/or its Designated Agent promptly.
G . Contractor shall provide KDOC or its Designated Agcm a monthly report identifyiog the
repair and maintenance items for each kiosk.

B. KDCX: may cancel this Amendrnt::nt with Contractor if Contractor has not cun.xI a service
problem whicb reo<kf~ the IGosl ioopc:rablc witllln filkro (15) daya of Contractor
receiving ootice of the problem from KDOC 01 its Designated Agent

VI.

T r ansition
A. Colltractor shaIl work with KDOC. its Designated Agent. and the new Contractor 10
an onierly mmsition of services and respomibilities under the Agreement and this
.Ame:ndment and to ensure the cominuity of the setVices required by KOOC.

=

B. Upon expiration, termination, or cancellation of the A.gre~, Contractor shall
cooperate in an orderly transfer of responsibility and/or the continuity of the Sc::rvK:c:s
required Wldet the terms of the Agr=ent and this Amendment to an organization
designated by KDOC. KDOC shaU provide an4Ior perform any or all of the follo wing
responsibilities:
L Contractor acknowledges that all me8$ages, reports and data are the property of
KDOC. Further, the messages, reports and data, shall be provided to KOOC by
Contractor in a workable, roftware.oompe.uble format at DO COli! to KDOC.

ii. COntractor maU discontinue providing scMce or accepting new assigmnentli
under the tenDS of the AgroenlcnI and this Amendment, on the date specified by
KDOC. Coctractor agrees to continue providing all of the sCl'Vices in accordance
with the terms and conditions, requirements and specifications of the Agreement
and this Amendment for a period not to exceed Ili.nety (90) ca1c:ndar days after
the expiration, tcrmill/ltion or cancellation date. CDIllIllissiollS will be due ADd
payable by Contractor to KDCX: at !he compensation rate specHled ill
Attachment E until the ApplicatiollS and services outlined in this Amendment
are no longer handled by Contractor.

va.

T rairuDg
A. Contractor ~balI provide trnining to KDOC s!8ff and the Facilities as directed by XDOC.
Additional tntining shaU be provided dwing the Agm:meut period and any renewals lit
no coSlta JQ)()C. Traicing manuals shan be provided to KIX>C aI all training meetings
and will become the property oflCDOC.

"

Contract Number: 10481
Page 28

B. Cmrtractor shall provide informational pamphlets and mar:keting materials for inmates
and the general public relative to Contractol'"'s applications/services under this
Amen<lment as requCSlcd by KDOC.

"

Contract Number: 10481
Page 29

ATIACHMEl\'T E
Requim:! Equipment TnlPMctjpn Fees and ConmallotiOn

Inmate Kiosh Rcqujm:l

Facility Name

"

Contract Number: 10481
Page 30

ATTACHMENT E
(CODriDUed)

Transactio n F ees a nd Conm ensation

Eleetrollk Paymentl- Tnuuadio. ~'ees to be charged to the Depositor
F~ internet

Fee - Uve
Reprl:Sl:ntative

Fee - Lobby

Fee - Cau
Locations

Kio~k

Electronk Payment - Compeasation to be p ldd to KDOC

Number of

Coounln;loD

Morrtbly
Tr••sactiOIlll

AmouD''''-

0-2,500

TraDsadio..
$0.30

2,501 - 5,000

$0.35

5,001 - 7,500

$0.40

CNet-7,500

$0.45

ElectroDk MeuagiDg .ad Attaclunents - Transaction Feet! to be charged to the inmate or person
mes.age a..ndJor attaeh.menL

SCDcUJli thc

Col.JlJllif;sio.. to be paid ti:> KDOC.
~

I Application Name

Each Message with or without an
. ,Attacl!ment W AttaciuD"'"
:&cb Messa Primou<
Color Printout

---

FlI'c Amount

CommissioD AmoUB. Per

Tnasacdo.

$0.43

$0.05

$0.43

$0.05
$0.05

$}.OO

"

Contract Number: 10481
Page 31

1. Complete ~t. Except lIS expressly lOOdified by thia A.mendment, the: tenll!l and wndilionl or
the OrigiIlal Aueemmt are unchanged and remain in full foree II!ld effect The Original Agreemem,
as amended bc:rcby, is the complete agreement or the perlic:s concerning il6 subject matter and
supersedes all prior or OOIlternpol1UlCOUS agreement& I!lld representations, whether written or oral.
OOllCo::mlni iu sllbjecl matter. The Original Agreement may not be further modified or IUIlCIlded
except by written amendmeot in accordance with the Original Agrccment.

IN WITNESS WHEREOF, and wtcndwg to be bound as of the Amendment Effi:ctivc Date:, each ~ftlu:
parties has call5C>d thiJ Amc:odmau to be signed by its duly awborizaI. rcprescnlative., in duplicate
origiu.al, on the datc(l) lbown below. .
.

Kansas Departmelll or Corroctioni

B y:

~/
.

Rog:cJilOI0i

Embarq Payphone Services, Inc.

B,

<?0..9~.

Paul N . Coope.rhl Manager& Assistant Seaolary

Da te:

1!l/lUlry 22. 2009

"

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.

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

Contract Number 10481
Attachment A, B C
Page 2

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.
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 pre-paid 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

Contract Number 10481
Attachment A, B C
Page 3

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.

A.

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.”

B.

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.

C.

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.

D.

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

E.

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

F.

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

G.

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:

II.

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;

Contract Number 10481
Attachment A, B C
Page 4

i.
j.
k.
l.
m.

All Facilities totals and statistics;
Total calls;
Calls by date;
Time of day; and
Length of a call.

H.

I.

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

J.

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).

K.

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.

L.

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

M.

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.

N.

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

O.

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

P.

VI.

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.

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 10-XXX
numbers.

E.

The ITS must be able to be shut down 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.

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

Contract Number 10481
Attachment A, B C
Page 5

F.

G.

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.

H.

The ITS shall have a fraud prevention feature. This feature will randomly interject pre-recorded
announcements throughout the duration of the conversation to the called party indicating the source
of the call. The inmate 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 be able to take an individual station out of service without affecting other stations or
units.

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.

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

E.

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

F.

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.

Contract Number 10481
Attachment A, B C
Page 6

G.

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

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

G.

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.

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.

Contract Number 10481
Attachment A, B C
Page 7

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.

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.

IX.

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.
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.
F.

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

XI.

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

Contract Number 10481
Attachment A, B C
Page 8

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 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 twenty-four (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.

Contract Number 10481
Attachment A, B C
Page 9

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.

Contract Number 10481
Attachment A, B C
Page 10

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

Contract Number 10481
Attachment A, B C
Page 11

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

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

Contract Number 10481
Attachment A, B C
Page 12

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