Human Rights Defense Center
DEDICATED TO PROTECTING HUMAN RIGHTS

January 27, 2015

Submitted Online Only

The Honorable Tom Wheeler, Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554
Re: Reply Comment in the Matter of Rates for Inmate Calling Services
WC Docket No. 12-375 (Second Further Notice of Proposed Rulemaking)
Dear Chairman Wheeler:
The Human Rights Defense Center (HRDC) thanks the Commission for the opportunity to
submit this reply comment to the Second Further Notice of Proposed Rulemaking (Second
Further Notice) in WC Docket No. 12-375, concerning issues related to the comprehensive
reform of Inmate Calling Services (ICS).
After reviewing the comments filed in response to the Second Further Notice, we believe the
evidence in the record makes it even clearer that the time has come to cap the cost of all prison
and jail telephone calls in the range of $.05 to $.07 per minute, and to ban ICS site commissions
and ancillary fees to ensure just, reasonable and fair rates for the consumers who pay for phone
calls made by people housed in detention facilities. Further, it is clear these much-needed and
long overdue reforms cannot be postponed but must be implemented within 60 to 90 days after
the Commission’s order on the Second Further Notice becomes effective.
I. Introduction
“People don’t go to prison to be punished. They go to prison as a punishment.” 1
– Amy, Nevada
The Commission has heard loud and clear from some of this country’s most marginalized
consumers in response to the Second Further Notice: prisoners, their families and those who
support them. There are well over 100 entries in the record concerning the Second Further
1

Comment of the Campaign for Prison Phone Justice, WC Docket 12-375, filed January 5, 2015, at 2.

______________________________________________________________________________
P.O. Box 1151
Lake Worth, FL 33460
Phone: 561.360.2523 Fax: 866.735.7136
pwright@prisonlegalnews.org

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Notice, and the Campaign for Prison Phone Justice received comments from more than two
hundred people regarding the cost of prison and jail phone calls. 2 These comments detail the
positive impacts of the interstate rate caps in the Commission’s September 26, 2013 Order 3
in both economic and more importantly human terms as a result of increased communication
between prisoners and their loved ones, as well as the continued negative impact of exorbitant
intrastate ICS rates and ancillary fees.
II. Reply Comment for Second Further Notice of Proposed Rulemaking
A. Commission Payments
As the Commission has recognized and noted, the market for ICS does not function like most
other markets. 4 Verizon, a company that participated in the ICS industry for many years, could
not be any clearer about this fact in their Second Further Notice comment: “Because whichever
provider offered the highest percentage typically won the bid, intrastate rates are usually
inflated to cover the cost of these commissions” (emphasis added). 5 Not only does Verizon
confirm that ICS rates are inflated to cover site commissions, they indicate it is the intrastate
rates that are inflated – which is intuitive, as 92% of ICS calls are in-state rather than interstate. 6
Verizon confirms in their comment that “historical data suggests that the majority of inmate
calls are intrastate.” 7 HRDC agrees with Verizon’s position that “Intrastate rates should be cost
based,” 8 and with their conclusion that “To the extent current data reveal similar calling patterns,
this means that many inmates and their families are still waiting for the Commission to provide
any relief from today’s high inmate calling rates.” 9
Seventy comments primarily opposed to the elimination of commissions were filed by state
Departments of Corrections (DOCs), sheriffs and other county officials, of which 23 were a
standard form letter, some with minor modifications. 10 The form letters contain a long list of
“costs” allegedly incurred by facilities to provide ICS, but provide no specific cost data. The
crux of these letters is in a paragraph near the end of 17 of the 23 letters, which states:
We would like to make mention that a few inmate phone providers proposed
that the FCC eliminate commissions, but we feel that recommendation was in
their best interest and not in the best interest of the inmates and the jails.
The other six form letters contain modified versions of this same statement.

2

Id. at 9.
Rates for Interstate Inmate Calling Services, Report and Order and Further Notice of Proposed Rulemaking, 28
FCC Rcd. 14107 (2013).
4
Id. at ¶¶39-41.
5
Comment of Verizon and Verizon Wireless, WC Docket 12-375, filed January 12, 2015, at 3.
6
Comment of Prison Policy Initiative, WC Docket 12-375, filed January 12, 2015, at 1.
7
Id. at 4.
8
Id. at 1-2.
9
Id. at 4.
10
See generally WC Docket 12-375.
3

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Having reviewed the Joint Provider Reform Proposal submitted by Global Tel*Link, Securus
and Telmate, 11 the message is clear: ICS providers and correctional facilities realize that the
party is over with respect to gouging prisoners and their families through exorbitant ICS rates,
which stem largely from site commissions, 12 and they are trying to retain their cut of what will
likely be a reduced pool of money once the Commission acts to ensure that costs associated
with both interstate and intrastate ICS calls are just, reasonable and fair.
The remaining 57 DOCs, sheriffs and other county officials who submitted comments opposed
to banning commissions provided additional details; some supplied cost data, or information
about how commission payments are used, or both. Commissions received by the Tennessee
Department of Correction, for example, are deposited into the state’s general fund and some
unspecified portion of that money is used for programs that benefit prisoners. 13
The Los Angeles County Sheriff’s Department maintains that “inmates will be negatively
impacted by the reduction and/or elimination of critical rehabilitation programs and there will
be an increased burden on an already strained budget and system.” 14 Yet the Los Angeles jail
system spends the bulk of its ICS commissions on maintaining jail facilities and buying food
for prisoners – expenses that the San Francisco sheriff claims are prohibited in his letter to the
Commission. 15 HRDC included an expense account printout for the Los Angeles jail system’s
Inmate Welfare Fund in our comment in response to the Second Further Notice, and that
comment is incorporated by reference herein. 16
The Arizona Department of Corrections notes: “Although the FCC proposes that lower phone
rates will facilitate more familial contact and reduce recidivism, Arizona policy makers have
decided that allocating more funds to inmate education, community college partnerships, work
programs, and substance abuse programs better serves the inmates and the community in which
they re-integrated upon release.” 17 If that is correct, then Arizona policy makers should be
willing to allocate funds for those purposes even absent ICS commission revenue.
The County of Hemphill, Texas opposes the elimination of site commissions because they are
a “vital component of our budget to ensure that inmates have access to telephones which we
provide as a privilege.” 18 The Sheriff of Imperial County, California asks that the Commission
consider the impact of ICS reforms with respect to his county’s “high unemployment rate,” 19 and
the Colorado Jail Association, on behalf of its 238 members, states that ICS commissions paid to
jails help to support programs essential for re-entry which reduce recidivism, and that “without
these much needed funds, costs would be borne on the back of taxpayers, or worse, programs as
11

Joint Provider Reform Proposal, WC Docket 12-375, filed September 24, 2014.
July 9, 2014 ICS Workshop Transcript at 184-186 (Alex Friedmann, HRDC Associate Director).
13
Comment of Tennessee Department of Correction, WC Docket 12-375, filed January 12, 2015, at 2.
14
Comment of Los Angeles County Sheriff’s Department, WC Docket 12-375, filed January 9, 2015, at 2.
15
Comment of Office of the Sheriff, City and County of San Francisco, WC Docket 12-375, filed December 15,
2014, at 2-3.
16
Comment of Alex Friedmann, Human Rights Defense Center, WC Docket 12-375, filed January 13, 2015, at
Exhibit A.
17
Comment of Arizona Department of Corrections, WC Docket 12-375, filed December 31, 2014.
18
Comment of County of Hemphill, Texas, WC Docket 12-375, filed December 8, 2014.
19
Comment of Imperial County Sheriff’s Office, California, WC Docket 12-375, filed January 12, 2015, at 1.
12

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mentioned above would be eliminated altogether because of the lack of adequate funding.” 20
The Colorado Jail Association evidently does not understand that such costs already are borne
on the back of taxpayers – primarily prisoners’ family members, who are in fact taxpayers.
Time and space do not allow us to catalog the programs and services that corrections officials
purport to be funded by ICS commission kickbacks, or the horrendous consequences they claim
will result should commissions be eliminated; their mostly self-serving comments speak for
themselves. We will only note that this conversation, in its totality, has gotten off track and the
DOCs, sheriffs and other county officials have totally missed the point, which is that prisoners
and their families are not responsible for funding corrections agencies or any inmate
programs or services, regardless of how worthy they may be.
The government is responsible for the care and rehabilitation of prisoners and is required to fund
all aspects of incarceration, as imprisoning offenders is an inherently governmental function.
Charging prisoners and their family members to help pay for correctional programs is no more
appropriate than charging schoolchildren a fee every time they enter a classroom when school
districts face budget shortfalls. It subverts our democracy to impose the tax burden of funding
government agencies and programs on only certain taxpayers. If the programs currently being
funded by ICS commissions are worthy, then prison and jail officials can do what every other
government agency must do: go to the appropriate legislative body and ask for money.
ICS site commissions are a recent phenomenon that did not become widespread until the early
1990s. 21 Prisons and jails functioned perfectly well without commissions before then, and the
states that have eliminated commissions, such as New York and California, function perfectly
well without them today. Tellingly, there is no rule or law requiring prisons or jails to accept
commissions in exchange for monopoly ICS contracts that gouge consumers, yet it is readily
apparent that absent intervention by the Commission, correctional agencies will place their
financial interests before those of prisoners, their families and the public at large.
B. Interstate and Intrastate ICS Reforms
1. Rate Caps
As noted in our comment in response to the Second Further Notice, HRDC continues to fully
support the implementation of permanent rate caps and a unified rate structure for interstate and
intrastate ICS calls, as do Global Tel*Link, Securus and Telmate in their Joint Provider Reform
Proposal, 22 as well as ATN, Inc. dba AmTel, 23 CenturyLink 24 and Lattice, Inc. 25 Where we differ
significantly from ICS providers is the rate at which interstate and intrastate ICS calls should be
capped. HRDC supports a cap of $0.05 to $0.07 per minute; the Joint Provider Reform Proposal
suggests caps of $0.24/minute for collect calls and $0.20/minute for prepaid and debit calls. 26
20

Comment of Colorado Jail Association, WC Docket 12-375, filed January 5, 2015.
Comment of Alex Friedmann, Human Rights Defense Center, WC Docket 12-375, filed January 13, 2015, at 2.
22
Joint Provider Reform Proposal at 2.
23
ATN, Inc. dba AmTel, Rebuttal to September 15, 2014 ICS Vendor Proposal, WC Docket 12-375, at 1.
24
Thomas M. Dethlefs, CenturyLink, Rates for Interstate Inmate Calling Service, WC Docket 12-375, at 3.
25
Comment of Lattice Incorporated, WC Docket 12-375, filed January 12, 2015, at 2.
26
Joint Provider Reform Proposal at 2.
21

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HRDC’s comment in response to the Second Further Notice provides data that supports our
proposed rate caps, as do our previous comments filed in this proceeding. The evidence in the
record shows that actual costs to ICS providers to supply prison phone services are under $.04/
minute, inclusive of profit margin. 27 As another recent example, the Pennsylvania DOC’s 2014
contract with Securus includes a rate of $.059/minute for all types of calls with a commission of
35%. 28 Thus, Securus receives 65% of that rate, or $.038/minute, inclusive of profit margin.
2. ICS for the Deaf and Hard of Hearing
HRDC supports the position of Rosen Bien Galvan & Grunfeld that ICS providers must not be
allowed to allocate costs of accessing telecommunications devices to deaf and hard of hearing
prisoners or those with whom they communicate. 29 Additionally, ICS rates for such calls should
not be higher than those charged to other prisoners and their families. It is important to keep in
mind that this issue impacts not only prisoners who are deaf or hard of hearing, but also those
with whom they communicate outside of prison or jail who are deaf or hard of hearing.
3. International Calls
New Jersey Advocates for Immigrant Detainees and the NYU Law Immigrant Rights Clinic cite
a range of $18 to $45 for a 15-minute international ICS call from local jails in New Jersey. 30 A
15-minute international call from the Minnesota Department of Corrections costs up to $40.80
($2.72/minute for calls to Cambodia). See Exhibit A at 12. The Commission is well aware of
the importance of the support of family and friends during times of detention, but the impact of
exorbitant international ICS rates on legal proceedings must also be considered. According to
one study, 74% of immigrants facing deportation who were not detained (and thus not subject to
high international ICS phone rates) obtained relief in immigration proceedings and were able to
stay in the United States; however, only 3% of detained immigrants in deportation proceedings
(who were subject to high international ICS rates) achieved the same relief. 31
As stated by New Jersey Advocates for Immigrant Detainees and NYU Law Immigrant Rights
Clinic, “High ICS rates clearly impact the legal rights of immigrant detainees in New Jersey and
elsewhere.” 32 Exorbitant international ICS rates are a significant problem that must be addressed
by the Commission, if not in this proceeding then in a separate proceeding.
C. Reforms to Ancillary Fees
1. “Single Call” Services
HRDC agrees with the conclusions drawn by the Alabama Public Service Commission’s
investigation into single call services, as reported in a comment filed by the Prison Policy
Initiative (PPI) in response to the Second Further Notice:
27

Comment of Alex Friedmann, Human Rights Defense Center, WC Docket 12-375, filed January 13, 2015, at 5-8.
See www.prisonphonejustice.org/PA/PA-Contract-with-Securus-2014 (at pp.200-201).
29
Comment of Rosen Bien Galvan & Grunfeld, LLP, WC Docket 12-375, filed January 5, 2015, at 2.
30
Comment of New Jersey Advocates for Immigrant Detainees and NYU Law Immigrant Rights Clinic, WC Docket
12-375, filed January 12, 2015, at 2.
31
Id. at 8.
32
Id.
28

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. . . single payment services may be purposely diverted to third-party payment
processors where exorbitant unregulated rates are charged by the provider and
the revenues associated therewith are purposely concealed not only from
regulators but from the facility served by the provider.33
Described as “the next evolutionary step forward” and “a new product where fees constitute
almost the entirety of the charge to the customer,” PPI conservatively estimates that there are “16
million ‘single calls’ a year costing families $183 million.” 34 The fact that a “new” product could
be developed and marketed with such high volume is just another example of the ICS providers’
never-ending efforts to extract as much money as possible from prisoners’ families in a largely
unregulated environment.
Moreover, the ancillary fees for prison and jail phone services are unique to the ICS market. No
other consumer, given a free choice, chooses to pay ancillary fees for telephone services and,
most importantly, outside of the ICS monopoly context the telecom industry does not charge
consumers ancillary fees to fund their accounts, pay bills, seek refunds, etc. The Commission
should not allow ICS providers to do so where prisoners and their family members have no
alternative if they want to communicate by phone.
2. Bundling Services
As noted in PPI’s comment concerning Advanced Inmate Communications Services, 35 services
such as video visitation, voicemail, video voicemail and email are steadily making their way into
correctional facilities. While such advanced services address a real need, the Commission should
take special notice of the pricing of these services and should expressly prohibit the bundling of
regulated services with any services that the contracting parties consider to be unregulated, as
recommended by PPI. 36 Otherwise, ICS providers have an incentive to recoup loss of revenue
due to rate caps and other limits on ICS services by increasing the costs or fees associated with
unregulated advanced communications services.
3. Confiscation of Unclaimed Funds
We support PPI’s position that the Commission should take unclaimed funds into consideration
when implementing reforms related to ancillary fees. 37 While financial data is not yet available,
the dollar amounts involved in this practice “could easily be in the tens of millions of dollars” 38
according to PPI. FCC oversight and regulation of remainder funds in ICS accounts is critical
given that 95% of prisoners held in jails are released, as opposed to state or federal prisons. 39
33

Comment of Prison Policy Initiative, WC Docket 12-375, filed January 12, 2015, at 1-2 (re: ¶¶98-102 of Second
Further Notice, single call programs).
34
Id. at 3.
35
Comment of Prison Policy Initiative, WC Docket 12-375, filed January 12, 2015 (re: ¶¶145-151 of Second Further
Notice, Advanced Inmate Communications Services).
36
Id.
37
Comment of Prison Policy Initiative, WC Docket 12-375, filed January 12, 2015, at 5-6 (re: § III(C) of Second
Further Notice, ICS providers seizing unclaimed funds).
38
Id. at 1.
39
Id.

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The money in ICS accounts belongs to the consumer, not to ICS providers, and the practice of
seizing funds and not turning them over as unclaimed property should not be allowed. A recent
ICS contract between CenturyLink and the Idaho Department of Corrections generally prohibits
refunds for unused phone time: “Unused phone time will only be refunded when an Inmate has
been moved to a county jail, or an out-of-state facility or in the event the Inmate’s conviction
is vacated.” See Exhibit B at ¶12.2(ii). This issue was addressed by 51 former State Attorneys
General who filed a joint letter in support of action by the Commission with respect to ICS
reform. 40 As noted in their letter:
The record also reflects an additional practice that the FCC should address.
In some cases, telecoms are actually taking prepaid monies from prisoner
accounts if for whatever reason the account is “inactive” for a period of time.
Any action taken by the FCC should therefore include the elimination of this
practice. Additionally, the telecoms should not be allowed to charge refund
fees to return consumer funds. 41
Only a few ICS providers are turning over their customers’ unclaimed funds in the states in
which they provide ICS services. 42 This practice must cease immediately; ICS providers have
taken excessive amounts of money from prisoners and their families for decades in the form of
exorbitant prison and jail phone rates and ancillary fees; they should not be allowed to also take
funds directly from ICS accounts, whether based on account inactivity or otherwise.
D. Video Visitation
HRDC supports the recommendations made by PPI in their report on video visitation filed in
this proceeding, 43 in particular the recommendations against reducing or eliminating in-person
visitation and in favor of regulating the cost of video visits. There is ample evidence that ICS
providers and correctional agencies will monetize every form of human contact possible in their
efforts to extract as much money as they can from prisoners and their families. They have done
so with ICS and email services, and are now starting to expand into video visitation. Two recent
attempts (one successful) by Securus to require correctional facilities to eliminate all in-person
visits in order to increase the volume of video visitation – and thus associated revenue – were
documented in HRDC’s comment in response to the Second Further Notice. 44
While we continue to believe that the Commission has jurisdiction to review and regulate video
visitation services, we also believe that issue should be addressed in a separate proceeding using
PPI’s report as a primer – as well as other research studies released by The Sentencing Project, 45
Grassroots Leadership 46 and the U.S. Department of Justice, National Institute of Corrections. 47
40

Comment of 51 former State Attorneys General, WC Docket 12-375, filed January 9, 2015.
Id. at 2.
42
Comment of Prison Policy Initiative, WC Docket 12-375, filed January 12, 2015, at 3-4 (re: § III(C), ICS
providers seizing unclaimed funds).
43
Comment of Prison Policy Initiative, WC Docket 12-375, filed January 13, 2015, at 27-31 (video visitation report,
Screening Out Family Time: The For-Profit Video Visitation Industry in Prisons and Jails).
44
Comment of Alex Friedmann, Human Rights Defense Center, WC Docket 12-375, filed January 13, 2015, at 13.
45
http://sentencingproject.org/doc/publications/cc_Video_Visitation_White_Paper.pdf.
46
http://grassrootsleadership.org/sites/default/files/uploads/Video%20Visitation%20(web).pdf.
41

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Issues specifically related to video visitation should not delay the long-awaited implementation
of comprehensive ICS reforms.
E. Lack of Regulation by State Public Utility Commissions
HRDC previously submitted a comment regarding states that lack public utility regulation of
intrastate ICS rates, including Colorado, Tennessee and Virginia. 48 We can add Idaho to this list
based on the comment filed by the American Civil Liberties Union of Idaho, 49 as ICS is not a
basic local exchange service as defined in the Telecommunications Act of 1998 enacted by the
Idaho legislature. 50 The Idaho Department of Correction (IDOC) filed a comment disagreeing
with “the FCC’s assertion that commissions ‘are the primary reason ICS rates are unjust and
unreasonable.’” 51 While the IDOC supports caps on per-minute call rates, they maintain that
$0.07/minute is too low; a $0.14/minute ICS rate with no surcharges or connection fees became
effective for IDOC prisoners on October 1, 2014, when a new contract with CenturyLink went
into effect. 52 See Exhibit B at 57.
The commission kickback in the IDOC contract is called an “ADP fee,” and has nothing to do
with ICS revenue or call volume. Rather, the fee is based on IDOC’s average daily population
(ADP) – again demonstrating the creative ways that ICS providers and the government agencies
with which they contract can formulate revenue-sharing methods. CenturyLink pays IDOC a flat
rate of $20.00 per prisoner per month. Id. at 36-37. Using the sample calculation in the contract
based on the IDOC’s ADP for July 2013, Idaho prison officials would receive an annual ADP
fee from CenturyLink of $1,772,400 – paid by revenue from prisoners and their families.
Given the fact that Idaho is a state that cannot regulate intrastate ICS rates, the ACLU of Idaho
has urged the Commission “to exercise the full extent of its authority to regulate inmate calling
services, regardless of whether those services might otherwise be considered interstate or intrastate in nature.” 53 This demonstrates the need for the Commission to implement intrastate ICS
rate caps to ensure that consumers in Idaho, as well as in other states that are unable to regulate
intrastate calls, have access to just, reasonable and fair prison and jail phone rates.
The Arizona Corporation Commission (ACC) claims to regulate “Arizona’s public service
corporations, including telecommunications providers.” 54 The ACC further claims that “ICS in
Arizona is subject to the oversight of the ACC and the ADOC.” 55 Assuming this is correct, they
are doing a poor job of regulating ICS to protect consumers in Arizona. As noted in our comment
47

https://s3.amazonaws.com/static.nicic.gov/Library/029609.pdf.
Comment of Alex Friedmann, Human Rights Defense Center, WC Docket 12-375, filed December 20, 2013, at 78. See also, Reply Comment of Alex Friedmann, Human Rights Defense Center, WC Docket 12-375, filed January
13, 2014, at 3-6.
49
Comment of American Civil Liberties Union of Idaho, WC Docket 12-375, filed January 6, 2015, at 1.
50
Id. at 1-2.
51
Comment of Idaho Department of Corrections, WC Docket 12-375, FCC 13-113, FCC 14-158 (Further Notice of
Proposed rulemaking for Inmate Calling Services), at 2.
52
Id at 1.
53
Comment of American Civil Liberties Union of Idaho, WC Docket 12-375, filed January 6, 2015, at 1.
54
Comment of the Arizona Corporation Commission, WC Docket 12-375, filed January 12, 2015, at 1.
55
Id.
48

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in response to the Second Further Notice, the ADOC recently entered into a new ICS contract
with CenturyLink that increased the site commission payable to the ADOC from 53.7% to an
astounding 93.9%. 56 Under the new contract, the cost of a 15-minute collect intrastate intraLATA call is $5.00, while the cost of a 15-minute collect intrastate interLATA call is $6.00 –
which ties for the third-highest intrastate ICS rate in the nation. 57 We submit that the increase in
the site commission was for the benefit of the ADOC, not the prisoners and their families who
are required to pay high intrastate rates to support a site commission of almost 94%.
As stated in a prior comment filed by HRDC in this proceeding, “According to a report by the
National Regulatory Research Institute, ‘Between 2010 and April 30, 2012, 21 state legislatures
enacted laws that limit what [Public Utilities Commissions] can regulate.... As of the end of
April 2012, deregulation legislation was pending in an additional 14 states.’ The report further
stated that ‘Many of the new laws cite competition as the reason for deregulation’; however, as
noted previously, the ICS market is largely non-competitive.” 58
It is readily apparent that even where state regulatory bodies have the authority and ability to
regulate the intrastate ICS market, they lack the political will or inclination to do so. After the
Commission issued its Order capping interstate ICS phone rates, that should have served as a
bellwether for state public utility commissions to take similar action to protect consumers from
high intrastate ICS rates and fees. With the exception of Alabama, 59 it appears that none have
chosen to do so. This highlights the need for the Commission to take action to protect consumers
nationally, as the past decades of exploitative ICS practices and profiteering indicate that absent
action by the Commission, nothing will be done at the state level in the vast majority of states.
As the Commission has recognized, “most states either cannot or will not act.” 60
F. Flat Rate Calls
We again stress the need for the Commission to clarify the intent of the interstate ICS rate caps
that went into effect on February 11, 2014, as well as any future rate caps, and require that ICS
providers cease rolling capped per-minute rates into a single flat rate. As noted in our initial
comment in response to the Second Further Notice, some ICS providers charge the maximum
allowable amount for interstate calls in the form of a flat per-call rate – $3.75 for collect and
$3.15 for prepaid/debit calls. 61
It is HRDC’s position that this practice is contrary to the intent of the Commission’s Order, and
our position is shared by prisoners and their families who have to pay the flat rate regardless of
call duration. Our Florida office recently received a call from Shantha Jayapathy, a Minnesota
DOC prisoner currently housed at the Mille Lacs County Jail. She called to notify us of flat-rate
ICS calls and to share her opinion that the flat rate violates the spirit of the Commission’s Order,
56

Comment of Alex Friedmann, Human Rights Defense Center, WC Docket 12-375, filed January 13, 2015, at 7.
Id. at Exhibit C.
58
Comment of Alex Friedmann, Human Rights Defense Center, WC Docket 12-375, filed December 20, 2013, at 8.
59
Final Order of Alabama Public Service Commission Adopting Revised Inmate Phone Service Rules, Docket
15957 (July 7, 2014); see also Rebuttal of Alabama Public Service Commission to ICS Vendor Proposal, WC
Docket 12-375, filed September 30, 2014.
60
Second Further Notice, ¶117.
61
Id. at 8.
57

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which set a maximum per-minute rate of $0.21 to $0.25 for interstate ICS calls. Ms. Jayapathy
accurately pointed out that when she calls her mother in Iowa and their call does not last a full 15
minutes, they pay well over the per-minute interstate rate caps. For example, a five-minute long
distance collect ICS call based on a flat rate of $3.75 effectively costs $0.75/minute – three times
the cap imposed by the Commission. No other consumer pays this type of rate for a 15-minute
call; rather, non-incarcerated persons pay for “flat rate” unlimited monthly calling plans.
G. Comment of Praeses, LLC
In reply to Praeses, LLC’s belief that “The FCC should defer to the expertise of facilities with
respect to issues of inmate welfare and security, including ICS regulation,” 62 we respectfully
submit that the lengthy history of exploitive price gouging and other abuses by ICS providers
and the government agencies with which they contract evidences why this proceeding was filed
in the first place. Correctional agencies and ICS providers have been given free reign for decades
with respect to ICS, and have only utilized their “expertise” to figure out how to maximize the
profit they can extract from prisoners and their family members. If ICS providers and corrections
officials truly cared about “issues of inmate welfare,” they would not exploit prisoners and their
loved ones, and would instead charge the lowest ICS costs possible to maximize communication
between prisoners and their families. Obviously that has not happened in most cases, because 41
state DOCs and all 3,160-plus local jails use the exploitive commission-based ICS model.
While the administration of a correctional facility is a complex undertaking, the regulation
of ICS is squarely within the Commission’s jurisdiction, and the Commission should use its
expertise relative to telecom services to ensure that Praeses and the correctional agencies with
which it consults do not continue to exploit prisoners and their families. It’s important to take
note of the parasitic relationship between Praeses and correctional agencies when considering
its comment in response to the Second Further Notice: Once correctional facilities no longer
receive large site commissions from ICS providers, their ability and willingness to pay for
consultant services such as those offered by Praeses will most likely decrease. Accordingly,
Praeses has a vested interest in maintaining the exploitive status quo with respect to ICS –
particularly the continuation of the commission-based ICS model.
H. Jurisdictional Issues
The Second Further Notice seeks “comment on the Commission’s legal authority to restrict
the payment of site commissions in the ICS context pursuant to sections 276 and 201(b) of the
Act,” 63 as well as “whether section 276 gives the Commission jurisdiction over charges that are
ancillary to ICS to the extent such services are considered IP-enabled services,” 64 and whether
the Commission has jurisdiction over “single call services to wireless phones.” 65 HRDC has
previously commented on the Commission’s jurisdiction over interstate and intrastate ICS
generally under sections 276 and 201(b), 66 and we adopt and endorse the joint comment of
62

Comment of Praeses, LLC, WC Docket 12-375, filed January 12, 2015, at 7.
Second Further Notice, ¶¶29 and 36.
64
Id. at ¶¶85-86.
65
Id. at ¶101.
66
Comment of Alex Friedmann, Human Rights Defense Center, WC Docket 12-375, filed December 20, 2013, at 67.
63

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the Petitioners, the D.C. Prisoners’ Legal Services Project, Inc. and CURE 67 with respect to the
Commission’s jurisdiction over issues related to intrastate ICS calls and ancillary fees.
Additionally, as stated above, it is HRDC’s position that if the Commission adopts per-minute
rate caps that are sufficiently low – such as the $.05 to $.07 per minute range that we suggest –
then problems related to site commissions will be effectively resolved without the Commission
having to explicitly prohibit site commissions or similar revenue-sharing practices, thereby
avoiding any potential jurisdictional issues.
III. Conclusion
This petition originally came before the Commission in November 2001 as a result of a lawsuit
filed in the United States District Court for the District of Columbia by lead petitioner Martha
Wright, an African American grandmother who had to choose between paying her rent and
medication bills or speaking with her incarcerated grandson due to the high cost of prison phone
calls. Mrs. Wright died on January 18, 2015, fourteen years after the petition was filed. Sadly,
she did not live to see the enactment of comprehensive ICS reform and an end to the abuse of
consumers who have loved ones in prison, whose very love, expressed through phone calls, has
been monetized and exploited by ruthless telecom companies and their government allies.
In memory of Mrs. Wright and the millions of consumers who have been financially exploited
for decades, we request that the Commission act promptly to cap the cost of all calls from ICS
providers, both interstate and intrastate, at between $.05 and $.07 per minute, to ban all ICS site
commissions and other revenue sharing with government agencies, and to ban all ancillary ICS
fees. Such rules should be implemented within 60 to 90 days after the Commission’s order on the
Second Further Notice becomes effective, as prisoners and their family members and supporters
have already waited too long for the just, reasonable and fair phone rates that other consumers
enjoy outside the captive ICS market.
If members of the Commission have questions or require any additional information, please do
not hesitate to contact us.

Sincerely,

Paul Wright
Executive Director, HRDC
Attachments

67

Comment of Martha Wright, et al., D.C. Prisoners’ Legal Services Project, Inc. and Citizens United for
Rehabilitation of Errants, WC Docket 12-375, filed January 13, 2015.

Exhibit A

Exhibit B

C014-017

CONCESSIONS SERVICES
AGREEMENT FOR
INMATE COMMUNICATION AND
KIOSK-BASED TECHNOLOGY
ACCESS

CenturyLINK

CONCESSIONS SERVICES
AGREEMENT FOR
INMATE COMMUNICATION AND
KIOSK-BASED TECHNOLOGY
ACCESS

CenturyLINK

TABLE OF CONTENTS:
1. INCORPORATION •••••••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.•.•••.•••.•••••••••.•••••••••••••••••••• 5
2. DEFINITIONS •.••••••..••.•••••.•••••••••••••••••••••••••••••••••••••••••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 5
3. BASE SERVICES AND ADDITIONAL FEATURES ••••••••••••••••••.•••••••••••••••••••••••..••.•••••••••.••••••••.••••. 5
3.1 BASE SERVICES ......................................................................................................... 6
3.2ADDfTIONALFEATURES ............................................................................................ 6
3.3 SUBCONTRACTORS .................................................................................................... 7

4. RISK ••••••.•••••••.••••••••••••••••••••••.••.•.•••••••••••••••••••••••.••••••••.•.•••••••.••••••••••••••••••.•.....••••••.•.•...•••.••.••••••. 7
5.

OPERATING STANDARDS AND APPLICABLE SOP •••••••••••••••••.••••••••••••••••••.••.•.••••••••••••••••••••.•••• 7

6.

TRAINING •••••••.•.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.••••••••.•••.•••••.••••.•.••••••.•••••••••••.••••• 8
6.1 PRISON RAPE ELIMINATION ACT (PREA) ................................................................ 8
6.2 CONTRACTOR TRAINING COURSE (CTC) ................................................................. 8

7.

FACILITIES ................................................................................................................................ 8

8.

OVERSIGHT •.••••.••••••••••••••.••••••.•••••••.••••••••••••••••••••••••••.••••••••••••••••.•.••.•.•••••..•.•.•••.••••••••••••••••••.••••• 9
8.1 !DOC CONTRACT ADMINISTRATOR ......................................................................... 9
8.2 CENTURYLINK PROGRAM MANAGER ....................................................................... 9
8.3 ON-SITE REPRESENTATIVE ....................................................................................... 9
8.4 MEETINGS AND COMMUNICATION ......................................................................... 10
8.5 REPORTING REQUIREMENTS ................................................................................... 10
8.6 REVENUE REPORTING ............................................................................................ 10
8.7 INMATE AND PUBLIC COMMUNICATION ................................................................. 10

9.

ACCESS TO FACILITIES •.••••••••••••••••.••.••••••••••••..••••••••••••.•••••••••••••••••.•.•.••••.•••.•••.•••••••••••••••••••••• 11
9.1 BACKGROUND CHECKS ........................................................................................... 11
9 .2 FINGERPRlNTING ..................................................................................................... 11
9 .3 BACKGROUND CHECK I FINGERPRJNTING FEES ..................................................... 12
9.4 UNIFORMS AND BADGES ......................................................................................... 12

10. INSTALLATION AND IMPLEMENTATION •••••••••••••••••••••.•••••••..•••••••••.••••••••••••••••••••••••••••••••••••••• 12
10.l SITE SURVEYS AND FINALPROJECTPLANS .......................................................... 12
10.2 WEB-BASED PLATFORM ........................................................................................ 13
10.3 lNTEGRATION, lNTERF ACE AND BRJDGE REQUIREMENTS .................................... 13
10.4 !DOC LIMITATIONS .............................................................................................. 14
10.5 INSTALLATION ...................................................................................................... 14
10.6 CLEANUP ............................................................................................................. 15
10.7 CIRCUITRY AND CONNECTIVITY ........................................................................... 15
10.8 OUTGOING SYSTEM I PROVIDER EQUIPMENT ...................................................... .16
10.9 CUTOVER, TESTING AND ACCEPTANCE ................................................................ 16
l 0.10 CALL DETAILS AND RECORDINGS FROM OUTGOING SYSTEM ............................ 17
10.11 SYSTEM HEALTH CHECKS AND POST-ACCEPTANCE UP-TIME .......................... .18
10.12 REMOTE ACCESS ................................................................................................. 18
10.13 DATA STORAGE, RETENTION AND REDUNDANCIES ........................................... 19
10.14 0RJGINAL SOURCE FILES .................................................................................... 19

11. EQUIPMENT AND S!GNAGE .................................................................................................... 20
11. l EQUIPMENT RATIOS .............................................................................................. 20

l:~cJ

19.9 COUNTERPARTS AND IMAGING ............................................................................ .42
19.10 END OF CONTRACT TRANSITION ....................................................................... .42
19.11 ENTIRE AGREEMENT ........................................................................................... 42
19.12 FORCEMAJEURE ................................................................................................ .42
19.13 GOVERNING LAW AND SEVERABILITY .............................................................. .43
19.14 HAZARDOUS MATERIALS .................................................................................. .43
19.15 HEADINGS ........................................................................................................... 43
19.16 IDOC PROPERTY AND OWNERSHIP OF DATA .................................................... .43
19.17 INSURANCE ........................................................................................................ .43
19.18 INTELLECTUAL PROPERTY REPRESENTATIONS, WARRANTIES
AND INDEMNIFICATION ........................................................................... 44
19 .19 INTENT TO SUPERSEDE ....................................................................................... .45
19.20 INTERPRETATION ............................................................................................... .45
19.21 NO WAIVER OF SOVEREIGN IMMUNITY ............................................................. .45
19 .22 OFFICIAL, AGENT AND EMPLOYEE OF THE STATE NOT PERSONALLY LIABLE .. .46
19 .23 PUBLIC RECORDS ................................................................................................ 46
19 .24 RELATIONSHIP OF PARTIES ................................................................................. 46
19.25 SAFETY ............................................................................................................... .46
19.26 SAVEHARMLESS ................................................................................................. 46
19.27 SUBCONTRACTING .............................................................................................. 47
19.28 SURVIVAL ........................................................................................................... 47
19.29TAXES ................................................................................................................ .47
19.30 TIME IS OF THE ESSENCE ..................................................................................... 47
19 .31 TOBACCO FREE ENVIRONMENT .......................................................................... 4 7
19.32 USE OF THE STATE OF IDAHO ORIDOC NAME.. ................................................ .47
19 .3 3 WARRANTIES ..................................................................................................... .4 7

APPENDIX A-DEFINITIONS ......................................................................................................... 50
APPENDIX B - FACILITIES ............................................................................................................ 52
APPENDIX C - REPORTS ............................................................................................................... 53
APPENDIX D - CERTIFICATE OF ACCEPTANCE .......................................................................... 56
EXHIBIT 1-ICS PRICING ............................................................................................................. 57
EXHIBIT 2 - IVS PRICING .......................................................•.•.•................................................. 58
EXHIBIT 3 - DEDUCTIONS, FEES AND CHARGES ......................................................................... 59
ATTACHMENT I -ESCALATION PLAN ......................................................................................... 60
ATTACHMENT 2 - IDOC END-USER TRAINING PARAMETERS .................................................. 62
ATTACHMENT 3 -CENTURYLINK REFUND POLICY .................................................................. 65

11.2 GENERAL EQUIPMENT SPECIFICATIONS .............................................................. .20
11.3 CORDLESS MOBILE PHONES AND KIOSKS ............................................................ 21
11.4 SIGNAGE ................................................................................................................ 22
11.5 INMATE NOTICE OF CHANGE ................................................................................ 22
11.6 ADA COMPLIANCE ............................................................................................... .22
12. FUNDING ................................................................................................................................. 23
12. l FUNDING SOURCES ............................................................................................... 23
12.2 PROTECTING FUNDS AND REFUNDS ...................................................................... 23
13. FUNCTIONAL REQUIREMENTS .............................................................................................. 23
13.l OUTBOUNDPHONECALLS .................................................................................... 23
13.2 INMATE VOICEMAIL .............................................................................................. 27
13.3 COMMISSARY ORDERING ...................................................................................... 28
13.4 GENERAL ............................................................................................................... 29
14. PRICING MATRIX AND DEDUCTIONS, FEES AND CHARGES ................................................. 33
14.1 PRICING ................................................................................................................. 33
15. SERVICE AND SUPPORT .......................................................................................................... 33
15.l CENTURYLINK'S CUSTOMER SERVICE CENTER ................................................... 33
15.2 CENTURYLINK'S CUSTOMER SUPPORT GROUP .................................................... 34
15.3 SERVICELEVELS ................................................................................................... 34
15.4 LIQUIDATED DAMAGES ........................................................................................ 36
16. FINANCIALS ..•........................................•.........•...................................................................... 36
16.1 ADPFEE ............................................................................................................... 36
16.2 INVOICING IDOC .................................................................................................. 37
16.3 NOTICES AND MAILING ADDRESS ........................................................................ 37
17. REGISTRATION, LICENSES AND PERMITS ...•......................................................................... 38
17.l REGISTRATION WITH SECRETARY OF STATE AND SERVICE OF PROCESS ............. 38
17.2 REGISTRATION WITH GOVERNING BODIES ........................................................... 38
17.3 MONEY TRANSMITTER LICENSE ........................................................................... 38
17.4 PROFESSIONAL AND BUSINESS LICENSES ............................................................. 39
18. TERM AND TERMINATION ..................................................................................................... 39
18.1 INITIAL TERM ........................................................................................................ 39
18.2RENEWAL TERM .................................................................................................... 39
18.3 TERMINATION RIGHTS .......................................................................................... 39
18.4 No RELIEF FOR BREACH ...................................................................................... .40
19. STANDARD TERMS AND CONDITIONS ................................................................................... 40
19 .1 ADEQUATE ASSURANCE OF FUTURE PERFORMANCE .......................................... .40
19 .2 ANTIDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CLAUSE ............... .40
19.3 ASSJGNMENT ......................................................................................................... 40
19.4 ATTORNEY'S FEES ............................................................................................... .41
19 .5 AUDITS AND REMEDIAL ACTION ......................................................................... .41
19.6 CHANGES/MODIFICATIONS ................................................................................... 41
19. 7 CONFIDENTIAL INFORMATION ............................................................................. .41
19.8 CONTROL OF CLAIMS ........................................................................................... .42
.

.

---------

CONCESSIONS SERVICES AGREEMENT FOR
INMATE COMMUNICATION AND KIOSK-BASED TECHNOLOGY ACCESS

THIS CONCESSION SERVICES AGREEMENT ("Agreement") for inmate communication
and kiosk-based services as further described herein is entered into this
day of May, 2014
("Agreement Commencement Date") and is made by and between CenturyLink Public Communications,
Inc. ("CenturyLink") whose primary address is 5454 West I JO'" Street, DF154L0302-302, Overland Park,
KS 66211 and the Idaho Department of Correction ("!DOC") whose primary address is 1299 N. Orchard
Street, Ste. 110, Boise, ID 83706. Collectively CenturyLink and !DOC are hereinafter referred to as the
"Parties.''
WHEREAS, IDOC is a government agency controlled by a three-member board appointed by
Idaho's Governor and is responsible for the care, custody, control and supervision of adult felony
offenders in Idaho; and
WHEREAS, Inmate phone and kiosk-based services are concession services as defined in
IDAPA Rule 38.05.01.032 of the Idaho Department of Administration, Division of Purchasing (DOP) and
!DOC has delegated authority to engage in purchasing activities for and to administer concession services
agreements related to such services; and
WHEREAS, CenturyLink responded to IDOC's Concession Services Request (CSR) for Inmate
Communications and Kiosk-Based Services and Technology Access; and
WHEREAS, CenturyLink was the vendor selected by IDOC to provide Inmate communication
and kiosk-based technology services, and certain portions of its CSR response are incorporated herein;
and
WHEREAS, !DOC desires to contract for the provision of an Inmate communication and kioskbased technology solution to include those services, features, functionality, enhancements and
applications as described herein, all of which meet or exceed functional needs, address all technical
requirements, is scalable, can interface with !DOC software programs, and can adapt to additional
functionality and expansion over time; and
WHEREAS, this Agreement sets forth terms and conditions under which CenturyLink will
provide the desired communication and kiosk-based technology solution to an incarcerated adult
population under the jurisdiction of IDOC who are housed in prison facilities and community work
centers located in Idaho ("Inmates").
NOW THEREFORE, the Parties hereto, and in consideration of the terms, conditions and
covenants contained herein, agree as follows.

1.

INCORPORATION

The above recitals are intended to be contractual in nature and not mere recitals.
2.

DEFINITIONS

Acronyms and definitions used in this Agreement are defined in context and/or set forth in Appendix ADefinitions, attached hereto and incorporated herein.
3.

BASE SERVICES AND ADDITIONAL FEATURES

CenturyLink and !DOC have entered into this Agreement for the purpose of providing the services set
forth herein.

5\Page

3.1

Base Services

CenturyLink will install, support, manage and maintain through its Operating Platform an Inmate
communications and kiosk-based technology solution, at no cost to IDOC, that is configured to support
standard outbound telephonic connnunications for prepaid, standard collect and conunissary calling, also
known as debit calling, methods for local, in-state, out-of-state and international calls, inmate voicemail,
and connnissary ordering, all as set forth in further detail in § 13 hereof (collectively "Base Services").

3.2

i\dditiona! Features

As part of the CSR response dated March 28, 2014, CenturyLink offered certain services, features, and
functionality as identified below and which are more fully explained herein and in CenturyLink's CSR
Response §§4.4; 4.4.1; 4.4.3; 4.6; 4.7 and 5.3, including all subsections therein, all of which are
'
incorporated herein ("Additional Features").
For purposes of this Agreement, Base Services and Additional Features, if any, are collectively referred to
as the "Technology Solution."
At IDOC's election, CenturyLink will provide the Additional Features, or their equivalent, pursuant to a
written amendment or amendments to this Agreement which will include the type of configuration of
Additional Features may be implemented throughout the Term, CenturyLink shall provide and configure
the Technology Solution to be able to support multiple and varied Inmate activities and functions.
The Parties agree that Additional Features, if deployed, will be free of charge to IDOC and will
automatically include all available security protocols.
(i)

Cellebrite Cell Phone Extraction Unit and services.

(ii)
Digital Players and Music through mini tablets or other similar device which have
functionality beyond being simple music players.
(iii)
DirectLink Cardless Debit solution, or its equivalent, integrated with an IDOC
selected inmate banking solution if IDOC's selected banking solution supports such an
integration.
(iv)

E-books, audio books, educational and training materials.

(v)

Emergency Auto-Dialer functionality.

(vi)

ICER™ -Inmate lnter-Connnunication Evaluation and Reporting.

(vii)

Integrated cardless debit functionality.

(viii)

Posting and receiving secure photos.

(ix)

PREA Pro™ Reporting Tool.

(x)

Remote (off-site) video visitation for personal visits with family and friends.

(xi)

Sending and receiving secure electronic mail (email).

(xii)

Video conferencing for privileged conferences with an Inmate's attorney.

(xiii) VideoGrams or other similar 'instant messaging' type service for short video chats
through I-Phones, Android and other such mobile devices.

6IPage

(xiv) The Communicator™ Paperless Offender Communications Portal for the creation,
tracking, submission, response, and retention of electronic forms* including but not limited
to:
•
•
•
•
•

Concern Forms
Grievances
Health Services Request Forms
Selective Diet Request Forms
Clergy/Religious Services Request Forms

*all electronic forms will be free of charge to all Inmates to use ..

3.3

Subcontractors

To meet the scope of this Agreement, CenturyLink will work with Subcontractors Inmate Calling
Solutions (ICSolutions), JPay and JLG Technologies. The use of any other Subcontractor by
CenturyLink must be approved by IDOC as set forth in §19.27. Prior to providing services hereunder,
CenturyLink will ensure that each Subcontractor enters into a written contract with CenturyLink to
provide certain functionality, services and features associated with the Technology Solution and will
ensure that the terms of such a contract comply with the terms of this Agreement.
Further, it is acknowledged that IDOC will deal directly with CenturyLink in all instances and
CenturyLink is responsible for coordinating and controlling each Subcontractor. References to any
Subcontractor individually throughout this Agreement are for clarity and shall not relieve CenturyLink of
any of its responsibilities hereunder. CenturyLink shall be solely and singularly responsible to IDOC for
the performance of this Agreement, for any of its Subcontractors, for any portion of the Technology
Solution a Subcontractor may support, and for the Technology Solution as a whole.
4.

RISK

Because this Agreement is for concession services, no IDOC or State funds can be expended and
absolutely no fees or charges of any kind can be imposed on IDOC or the State of Idaho. Only the
Imnates and their family and friends can pay for services associated with the Technology Solution.
CenturyLink assumes any and all risks, liability and costs associated with providing the Technology
Solution. CenturyLink is solely responsible for any and all billing disputes, claims, or liabilities that may
arise. IDOC and the State of Idaho shall have no responsibility or liability for any funds lost, including
but not limited to, billing, charges, payments, uncollectible charges, fraud, or theft. CenturyLink hereby
releases IDOC and the State of Idaho from any and all liability associated with the cost of non-billable,
incomplete, uncollectible, or fraudulent activities of any sort.
5.

OPERATING STANDARDS AND APPLICABLE SOP

Operating Standards are (i) all applicable federal, state, and local laws and regulations; (ii) all applicable
case law, consent decrees, and court orders; and (iii) all applicable IDOC policy and SOP as provided
herein, or which may be made applicable to the Agreement at a later date. IDOC shall notify
CenturyLink in writing through an amendment of any additional included policy or SOP section and
CenturyLink will have thirty (30) days to familiarize itself, implement or otherwise comply with same.
The following applicable policies and SOP, as may be amended from time to time, are incorporated
herein:
(i)

211 v.4.2 Hiring and Probation

(ii)

SOP 114.04.02.001 Funds: Imuate

(iii)

SOP 316.02.01.001 Grievance and Informal Resolution Procedure for Inmates

7[Page

6.

(v)

SOP 325.02.01.001 Prison Rape Elimination

(vi)

SOP 406.02.01.001 Commissary

(vii)

SOP 147.06.06.001 Contract Management: General

(viii)

SOP 503.00.01.001 Telephone Monitoring, Call Recording, and Call Rules: Inmate

(ix)

SOP 510.02.01.001 Facility Access

(xJ

SOP 509.02.01.001 Tool Control

(xi)

SOP 510.02.01.001 Facility Access

(xii)

SOP 606.02.01.001 Volunteer Services in Correctional Facilities

TRAINING
6.1

Prison Rape Elimination Act (PREA)

All Service Personnel are required to attend a PREA training course as provided by IDOC, the Police
Officers Standards and Training Academy (POST) or other PREA training course consisting of a
curriculum recognized and approved by IDOC. IDOC will not charge CenturyLink a fee for attendance at
au lDOC-sponsured PR.bA course; .huweve1, PUS'l <lv1;;:;s (.;,l1a.rge lUr oui:s1de petrty part1c1µaLiv11 cu1U
payment of such must be negotiated and coordinated by CenturyLink directly with POST. In the event
CenturyLink provides substantially similar training to its Service Personnel or where Service Personnel
have attended PREA courses through a third party, CenturyLink may submit the PREA course curriculum
presented to IDOC for approval. If the course curriculum is approved, Service Personnel will not be
required to attend IDOC or POST sponsored PREA training as a condition of servicing IDOC Facilities.
In such cases, CenturyLink will provide documentation to the Contract Administrator, as defined in §8.1,
that the approved PREA course curriculum was provided to by all Service Personnel. All Service
Personnel must receive PREA training within the first six (6) months of hire. All Service Personnel are
required to attend refresher training every two (2) years thereafter. CenturyLink is responsible for all
wages and expenses associated with Service Personnel's participation in PREA training. Failure to attend
PREA training will require the removal of that employee from all Facilities until such time as the training
is attended and proper documentation is received by IDOC.
6.2

Contractor Training Course (CTC)

All Service Personnel are required to attend a forty (40) hour contractor training course designed to
familiarize individuals with security requirements, how to safely interact with and engage with Inmates,
what to do in an emergency, grooming and manipulation, and other such courses. This training is
typically offered by POST on a quarterly basis and Service Personnel will be required to attend the next
available course after the Agreement is executed. POST charges a fee for outside party participation in
the CTC course and payment must be coordinated by CenturyLink directly with POST. Service
Personnel are only required to attend CTC once during their course of employment. CenturyLink is
responsible for all wages and expenses associated with Service Personnel's attendance at this training. If
PREA is included in the CTC course curriculum then Service Personnel will not also have to attend the
initial PREA training as noted in §6.1 above but will be required to attend the refresher training every two
(2) years.

7.

FACILITIES

Inmates are housed in Facilities that are both publicly and privately managed and only those Facilities
listed in Appendix B - Facilities, attached hereto and incorporated herein, are governed by the terms of
this Agreement. Any newly acquired location will automatically be covered by this Agreement unless
such newly acquired location is governed by another contract !DOC is unable to terminate. Unless

8 IP age

otherwise mutually agreed to through a written amendment, the addition of a new location or the removal
of a Facility from this Agreement will not adjust the Term or the pricing matrix.

8.

OVERSIGHT
8.1

IDOC Contract Administrator

IDOC shall monitor CenturyLink's performance using an assigned "Contract Administrator."
Contract Administrator has the authority and responsibility, without limitation, to:

The

(i)
Detennine if CenturyLink's practices or those of any Subcontractor compromise or
adversely impact Facility or hunate safety or security and work with CenturyLink to adjust
those practices.
(ii)
Detennine if applicable IDOC policies and SOP provisions are being followed by
Service Personnel.
(iii)
Detennine if contractual requirements are being satisfactorily performed and
deliverables are being met.
(iv)

Facilitate corrective actions for any deficiencies or defaults.

(v)
Monitor and administer all aspects of the Agreement, including any and all
amendments.
The Contract Administrator and other authorized State and/or IDOC staff shall have unobstructed access
at all times, with or without notice, to the Technology Solution and all associated records and documents
maintained in the normal day-to-day course of business. CenturyLink shall permit the Contract
Administrator and other designated State and/or IDOC staff to make and remove copies of records and
documentation relating or pertinent to the Technology Solution or CenturyLink shall provide copies of
any requested records or documentation to the Contract Administrator.
CenturyLink shall not accept nor act upon any instructions, directions, and/or modifications concerning
its performance under this Agreement that would alter the tem1s of this Agreement. Aoy commitments or
changes that affect pricing or fee structures, Base Services or Additional Features, or add additional
equipment, must be memorialized in an amendment signed by an Authorized Representative of each
Party.

8.2

CenturyLink Program Manager

CenturyLink will provide a Program Manager (PM) who will have overall responsibility for maintaining
agreement compliance and will be the primary corporate liaison for IDOC followed by the On-Site Rep,
as defined in §8.3 below. The PM will directly manage the On-Site Rep. The PM shall be the first point
of contact for contractual or unresolved issues that may arise and the Parties shall follow the escalation
plans set forth on Attachment 1 - Escalation Plan, attached hereto and incorporated herein.
8.3

On-Site Representative

CenturyLink shall assign at least one (1) full-time employee ("On-Site Rep") to the South Boise complex
(Boise I Kuna Facilities). IDOC will provide office space at one Facility for the On-Site Rep's use. The
On-Site Rep will work directly with the PM and Contract Administrator and has the authority and
responsibility, without limitation, to:
(i)
Be the primary contact for the Contract Administrator and IDOC End-users for dayto-day assistance and will service and maintain the Technology Solution.

Provide day-to-day maintenance and service for equipment located at the South Boise
(ii)
complex and oversight for Service Personnel who provide repair and maintenance services to
·······outlyingFactlilies-(Nampa;·Orofmo;Cottonwood;PocaleHo;·Idaho·Falls;and·Slc·Anlheny}c·-··
9IPage

(iii)
On at least a monthly basis, or more often if equipment needs dictate, visit each
Facility to make repairs, change out equipment, replace I update signage, make test calls and
otherwise service the Technology Solution at each Facility.
(iv)
Answer all Inmate concern forms and grievances related to the Technology Solution
in accordance and compliance with !DOC SOP 316.02.01.001.
(v)
Provide initial and on-going refresher training to !DOC End-users on the Technology
Solution a.'ld its features and fi.mctions on a schedule that is mutually acceptable to the
Parties. Such training shall include but is not limited to, those elements set forth on
Attachment 2 - !DOC End-users Training Parameters, attached hereto and incorporated
herein. Refresher training sessions shall be conducted as requested by !DOC.
(vi)
In coordination with the Contract Administrator, the PM and On-Site Rep will ensure
that Inmates are properly and timely informed about the project, timelines and any anticipated
service impact they may experience, the services and functionality they have access to, and
associated pricing structures and fees.
All Service Personnel shall have adequate supplies of common replacement component parts readily
available to effect repairs or replace equipment as needed.
8.4

Meetings and Communication

The PM and/or On-Site Rep shall proactively communicate with the Contract Administrator and keep the
Contract Administrator informed of challenges, issues, needs, improvements and adjustments to the
Technology Solution through email, personal conversation, meetings and various reports. Either Party
may request and facilitate a meeting at any time to review the status of the implementation, installation,
and on-going usage of the Technology Solution and address any challenges, issues, needs, improvements
and adjustments necessary to continually provide a state-of-the-art Technology Solution and address and
remedy failures or needs.
8.5

Reporting Requirements

CenturyLink will ensure that, through its Technology Solution, the PM, On-Site Rep and/or Customer
Support Group as defined in §15.2, all reports listed and described in Appendix C - Reports, attached
hereto and incorporated herein, are sent to the Contract Administrator as required. CenturyLink shall
ensure that authorized !DOC End-users have access to generate event detail records, financial reports,
documents and other report-generation capabilities that are consistent with their user profile. In addition,
CenturyLink will work with the Contract Administrator to develop any other report generation
capabilities necessary to meet !DOC needs for permanent, ad hoc and temporary project reports.
8.6

Revenue Reporting

CenturyLink shall maintain anditable and verifiable records for tracking revenue and usage volumes for
Base Services and Additional Features, if any. In addition, CenturyLink will work with the Contract
Administrator to develop any other report generation capabilities necessary to meet !DOC needs for
permanent, ad hoc and temporary financial project reports.
All reports will be exportable to the Microsoft® Suite for advanced sorting and analysis and will be able
to be printed in Excel or PDF format.
8. 7

Inmate and Public Commnnication

Any and all signage, brochures and content in printed, written, or audio form must be reviewed and
approved by the Contract Administrator before dissemination. Throughout the transition, CenturyLink,
the PM, On-Site Rep and the Contract Administrator will work together and with each Facility to ensure
that Imnates are properly and timely informed about the project, timelines, and any anticipated service

10 I P a g e

CenturyLink shall provide multiple communication points and methods for hunates and the public to
ensnre these users of the Technology Solution enjoy a smooth transition to the new system and a
continual enjoyment of the services, features and functionality available through the Technology Solution.
As part of the initial setup and transition, approximately three (3) weeks before the Service
Commencement Date,
(i)
CenturyLink will coordinate with the Contract Administrator and each Facility to
arrange for CenturyLink personnel to introduce educational posters into Inmate housing areas
and public lobby areas. CenturyLink will also distribute brochures and informational
pamphlets in public lobby areas. Posters and brochures will identify the upcoming transition
date, the Base Services available, and the agreed upon pricing structure for Base Services.
(ii)
CenturyLink will activate prepaid account functionality through its Customer Care
Center to allow friends and family to set up accounts ahead of the Service Commencement
Date. Each poster and brochure shall include CenturyLink's name and toll-free Customer
Care Center (as defined and set forth in §15.1) number for friends and family to set up
prepaid accounts.
(iii)
CenturyLink will provide a secure public website where customers can create,
manage, and add funds to their prepaid accounts online; view answers to frequently asked
questions; find contact information for the Customer Care Center; and view information
about the products and services available.
9.

ACCESS TO FACILITIES

CenturyLink shall obtain security clearance from IDOC for all Service Personnel requiring access to
IDOC Facilities. IDOC reserves the right to adjust access rules as operations and circumstances dictate
and a Facility may restrict access or refuse to allow access for any reason, threat or purpose at any time.
CenturyLink will ensure that all Service Personnel are familiar with and comply with all applicable IDOC
policies and SOP as set forth in §5 above.
9.1

Background Checks

Background checks must be conducted on all Service Personnel prior to entering any Facility.
Background checks require a minimum of thirty (30) business days to be completed. All required
information shall be provided on the appropriate IDOC form and faxed to IDOC's Office of Professional
Standards at 208/327-7433 at least thirty (30) business days in advance of the need for access.
CenturyLink shall provide the Contract Administrator with written notice of all background checks
submitted by providing the date submitted and the individual's first and last name. Once background
checks have been completed, IDOC will notify CenturyLink of all clearances and denials. All Service
Personnel are subject to re-backgrounding every three (3) years or sooner if IDOC deems it appropriate.
If CenturyLink becomes aware of any Service Personnel individual who is arrested for any reason,
CenturyLink shall immediately notify the Contract Administrator. IDOC will review the situation and
determine if that individual can continue to service IDOC Facilities or if access privileges will be
revoked.
9.2

Fingerprinting

Service Personnel who clear their background check are required to have their fingerprints taken within
thirty (30) days of receiving background clearance approval. Fingerprints are obtained at specific IDOC
Facilities and must be coordinated in advance with the Contract Administrator. Any Service Personnel
who do not obtain fingerprinting within thirty (30) days of background clearance approval will have
access privileges revoked until such time as fingerprints are obtained.

lljPage

Background Check I Fingerprinting Fees

9.3

Pursuant to 28 C.F.R §20.33.(a)(l), CentwyLink does not become a criminal justice agency merely
because it is servicing a law enforcement agency. IDOC will charge CentwyLink the then-current rate
for each background check I fingerprint processed on its behalf.
As of the Agreement Connnencement Date background checks are $25.00 each as set forth in IDOC SOP
510.02.01.001 and charges for fingerprinting are $45 per set through Idaho State Police and are charged
on a pass through basis to CenturyLink. Idaho State Police may adjust the fingerprinting rate at any time
and if this occurs, IDOC will notify CentnryLink in writing and amend the Agreement accordingly.
CenturyLink will be invoiced by IDOC on a quarterly basis for all backgrounds I fingerprinting
completed for the prior quarter. Payment is due within 15 days of receipt of invoice.
9.4

Uniforms and Badges

When working on-site at any Facility, Service Personnel shall be in company uniform which will consist
at a minimum of a shirt with their company logo. In addition, all Service Personnel must wear an !DOC
issued badge that identifies the individnal by picture, name and company.
(i)

!DOC issued badges are the property of IDOC, are issued at no cost to CenturyLink,

(ii)
All badges must be worn around the neck on breakaway lanyards or clipped directly
to the left breast pocket or collar of the shirt and be clearly visible at all times.
(iii)
Any badge that is lost shall be immediately reported to the Facility in which the
individual was working at the time it was lost, if known, and subsequently to the Contract
Administrator. A replacement badge must be obtained before futnre access can be granted.
Replacement badges will be coordinated through the Contract Administrator.

10.

INSTALLATION AND IMPLEMENTATION
10.1

Site Surveys and Final Project Plans

In preparation of installation, CentwyLink will conduct a detailed site engineering survey for each
Facility. These surveys can be conducted any time after the Agreement Commencement Date and after
the survey crew has completed the background check process. The site engineering survey schedule must
be coordinated in advance with the Contract Administrator.

Each site engineering survey will determine the unique infrastructure, installation and equipment needs
for each Facility and will include, but is not limited to, network diagrams, power and rack requirements,
wiring and cabling requirements, equipment needs, phone/kiosk to Inmate configuration, server and/or
Adtran hardware, site & building design, environmental needs and any other elements as may be required.
Unless otherwise required based on Facility location or topography and distinctly specified in the Final
Project Plan, CenturyLink will install a power-over-Ethernet, or its equivalent or better, backbone with
sufficient bandwidth to support streaming voice I data I video traffic for each Facility.
The information and site detail obtained through the site engineering survey will be used to create a Final
Project Plan for each Facility. Each Final Project Plan will contain all pertinent information and project
timelines for installation of all elements necessary to support a fully functional Technology Solution. All
work and installation timelines set forth in the Final Project Plan must ensnre cutover on the Service
Commencement Date.
The Final Project Plan for each Facility is due to the Contract Administrator within sixty (60) calendar
days of the Agreement Commencement Date. Each Final Project Plan becomes an integral part of this
Agreement and each is incorporated herein by reference.

12 IP a g c

Once Final Project Plans have been developed, submitted and approved, installation work can begin at all
Facilities except the Idaho State Correctional Center (ISCC). Installation work at ISCC cannot
conunence until after July 1, 2014, which date shall be reflected on the Final Project Plan for this Facility.

10.2

Web-based Platform

CenturyLink will provide, support and maintain a state-of-the-art Technology Solution consisting of
software applications that can be accessed by way of any standard web browser program based on
graphical user interface (GUI) methodology. CenturyLink is responsible for ensuring that the Technology
Solution includes and supports robust and progressive network security protocols such as firewalls,
system monitoring, and virus protection, to ensure system integrity and stability. CenturyLink will ensure
that the Technology Solution employs continuous system checks that constantly safeguard the system and
all Stored Information. CenturyLink shall restrict access to the Technology Solution utilizing user
permissions, firewalls, data encryption, and access reporting logs to protect against unauthorized access
and other fraudulent activities.
CenturyLink will provide an interface consisting of a standard Application Programming Interface (AP!)
that sets the rules to transfer certain data points and information between !DOC and CenturyLink.
CenturyLink will ensure that the Technology Solution and !DOC systems work seamlessly through
flexible parameters using a platform that parses data based on pre-set fields in a push/pull data
environment.

10.3

Integration, Interface and Bridge Requirements

As of the Service Conunencement Date, the Technology Solution will meet or exceed stated functional
needs, address all technical requirements, be scalable and flexible, interface with current IDOC software
systems, and be able to adapt to Additional Features, expansion and changes over time. CenturyLink's
system shall run independent of IDOC's network and be a self-contained, closed network including all
connectivity for Internet and/or outside connections as required. For purposes of this Agreement, a closed
network shall provide for and allow any required gateways, routers or other means necessary, managed
and administered by IDOC to connect the Technology Solution to IDOC's software systems for the
purpose of and to facilitate the transfer of necessary data and information related to Inmate financial
accounts, housing locations and other similar data fields maintained within CIS and/or Reflections.
CenturyLink will provide its own network via its own carrier network. This network will consist of
dedicated internet access ports delivered via Tl s as well as appropriate fiber connections utilizing VPN
tunnels to connect to CenturyLink's remote platform, all of which will be designed to ensure sufficient
bandwidth, speed, and system stability, and promote clear conununications.
Within sixty (60) calendar days of the Agreement Conunencement Date, CenturyLink will submit to
designated IDOC information technology personnel the Extensible Markup Language (XML) and/or
Simple Object Access Protocol (SOAP) interface protocols and/or RESTful interface, as directed by
IDOC, including a full technical explanation of the Technology Solution, provide access to the XML
and/or SOAP and/or RESTful web service interface WebService Definition Language (WSDL), and
provide documentation of interface method calls (inputs, outputs, method description etc.). CenturyLink
will ensure that the WSDL is stable at the time IDOC is provided access for testing.
IDOC's information technology personnel will review, validate and proof the set up and configuration of
the integration, interface and bridge methodologies and protocols provided by CenturyLink to ensure that
it has been configured properly and will conununicate with IDOC software and systems. Based on IDOC
feedback, CenturyLink will adjust integration, interface and bridge methodologies and protocols as
needed to ensure seamless integration with IDOC systems.
IDOC information technology group will provide feedback and guidance to CenturyLink; however,
. .... . ...... ..... i11t_egration, jnte,rf,<tce a11c! l:>.rLdg.,_c()11figur~!i.CJ11s "'ilLl:>"-~y"l()p(:gL \J11ilt,_ 'lllcl Jil()11i1()IS'cl_~()J§lY_by _ _ -~---· .

13IPage

CentwyLink. CentwyLink is responsible for all network translation, integration, interface and bridge
development as well as issue resolution and CenturyLink cannot impose any financial or time limitations
on the amount of integration, interface or bridge development services required to make the Technology
Solution a reality.
The XML and/or SOAP web and/or RESTful interface must support opening and closing Inmate accounts
on the system (e.g. originating from IDOC) and recording purchases (e.g. originating from the
commissary system). As Additional Features are deployed, if any, CenturyLink will work with IDOC's
information technology group to identify any additional information fields that may be required.
The Parties will test and troubleshoot the integration, interface and bridge communication points prior to
the Service Commencement Date. All methodologies and protocols will be finalized thirty (30) days
prior to the Service Commencement Date.

10.4

IDOC Limitations

IDOC's software systems, CIS and/or Reflections, run on IDOC's network in a Client/Server environment
where the CIS servers are a clustered Linux REDHAT environment using HPUX and IBM Informix 11. 7
for back-end database transactions. The clients for CIS are currently running Windows XP and Windows
7 as the operating system to connect to the service via web browser IE7/IES software. Reflections is its
own software usmg a telnet style connection with rts own built-m software to talk with existmg HPUX
and IBM Informix Databases.
IDOC is currently able to extract data fields from Reflections but is presently unable to make
programming changes to the Reflections' 4GL database. Implementation of services under this
Agreement is dependent upon the data IDOC is able to push I pull to CenturyLink. !DOC and
CenturyLink shall make whatever temporary allowances or modifications as may be required to the
overall scope of this Agreement to accommodate the temporary challenges associated with the
Reflections software database. Once !DOC is able to npgrade I update the Reflections software platform
to a more current banking solution, IDOC and CenturyLink shall determine the scope and pace of the
transition to ensure deployment of all desired services, features and functionality hereunder.
The Parties acknowledge that CentwyLink will only receive once daily batch transfers containing Inmate
trust fund and housing information and as such real time transactions will not be possible until such time
as Reflections is updated. Once Reflections is updated and to avoid overruns or other financial
challenges, the interface configuration provided by CenturyLink will be reconfigured to support and
capture real time transactions.
10.5

Installation

CenturyLink shall provide all infrastructure, cabling and wiring, conduit, hardware, firmware, software,
equipment, installation, labor, operation, maintenance, support, materials, supplies, transportation, and
other items as may be necessary for, or incidental to, a fully functional and managed Technology
Solution, all at no cost to !DOC. CenturyLink is responsible for unpacking, uncrating, and installing
equipment and other elements incidental to and required to make the system operational. CenturyLink
shall perform all services and labor necessary to ensure proper operation of the Technology Solution in
accordance with industry-accepted standard practices and procedures including, without limitation, the
installation, setup, and configuration/testing of all necessary hardware, firmware, and software,
preparation of any and all necessary computer and modem components and necessary interfaces,
coordination and installation of all cabling and power, installation and configuration of the operating
system(s) and application software, as well as final integration testing.
Installation work will generally be performed Monday through Friday, exclusive of IDOC recognized
holidays. Subject to Facility needs, !DOC shall allow Service Personnel reasonable access to work areas
during the hours of 0800 and 1600, Monday through Friday, or as otherwise agreed to for off-hour or

141Page

weekend installation, testing and cutover needs. During the installation process, CenturyLink will ensure
that current phone services provided to Inmates are not disrupted.
(i)
Cabling, Wiring and Conduit. All wiring, cabling, networking, power runs and other
infrastructure associated with the installation, cutover, implementation and continuous
operation of the Technology Solution shall be installed, grounded, secured, housed and
maintained in accordance with applicable federal, state and local building codes and in a
professional and workman-like manner. All wiring, cabling, and conduit installed within a
Facility as part of the Technology Solution becomes the property of IDOC but will be
maintained, serviced, repaired and paid for by CenturyLink. Any lines, cabling, wiring,
infrastructure, and all labor shall be coordinated in advance with appropriate Facility
personnel and the Contract Administrator.
Newly installed conduit within chase ways in the walls, under the floor or in the ceiling that
is not accessible to Inmates can be standard conduit. Any newly installed conduit attached to
walls, ceilings or flooring of any housing unit, in a hallway or which is otherwise in a
location that is viewable and accessible to Inmates must be rigid, tamper resistant conduit.
Newly installed surface mounted raceways are to be rigid GRC with malleable iron boxes.
(ii)
Toggle I Cut Off Switches. CenturyLink will update and replace existing toggle I
cutoff switches and associated wiring for each Facility, and if requested by a Facility, install
new toggle I cutoff switches where none previously existed. CentnryLink shall configure
toggle I cutoff switches to shut down Inmate phones and kiosks and shall ensure they function
as intended.
Any damage to any Facility as a result of installation or ongoing, maintenance, service, or repairs shall be
the sole responsibility of CenturyLink and CentnryLink shall repair or replace such damage, at its sole
cost and expense, to the reasonable satisfaction ofIDOC.
CenturyLink's PM will direct all performance activities and with the On-Site Rep will coordinate the
services and functional performance of Service Personnel and each Subcontractor.
10.6

Cleanup

CentnryLink is responsible for the cleanup of any waste, extraneous or used material, packing material,
shipping support structures, spillage, and byproduct resulting from the delivery, unloading, and/or
installation of equipment. On a daily basis, CentnryLink will clean up and remove from the work site all
tools and equipment, leaving all work areas clean and clear of all obstruction. CenturyLink is liable and
in all respects responsible for all costs of clean up and remedial action required on account of the release
of any hazardous substance or regulated substance that is brought on premises by CenturyLink to the
extent CentnryLink is the cause of any such release. CenturyLink is responsible for penalties, fines, costs,
and expenses or claims that may be assessed against IDOC or for which IDOC may become liable as a
direct result of personal injury or property damage resulting from any such release caused by
CenturyLink.
10. 7

Circuitry and Connectivity

CenturyLink is responsible for all aspects of circuit control and connectmty required to make the
Technology Solution accessible to and function with the outside communications environment.
CenturyLink shall pay for all line set-up and/or transfer fees, monthly access fees and all other such
charges associated with converting the existing lines, service and equipment, setting up new and
continuing services after cutover and all expenses involved with the monthly usage, and maintenance of
such lines.
Any new cable I wiring run shall be direct with no splices in between termination ends and each end shall
···tenninate··irrapprovedelectricalcode··boxes; ·Each··cable/wirirrg·runshaltbeproperlysuppmtedwhether·
15 I P a g e

in the ceiling, walls or under the building. Cable I wiring cannot be attached to existing conduit or pipes
and there shall be no exposed cabling or wiring, including low voltage, such that all wiring and cabling
must be contained in conduit. Each cable I wiring run shall be labeled on each end with a unique
identifier using permanent marker, riveted labels or other means as approved by each Facility's
maintenance supervisor. All electrical wiring shall be dedicated circuitry.
CenturyLink will configure the Technology Solution to provide surplus and backup capacity with failover
in the event of an anomaly. Should a trnnk fail or develop problems, it must be able to be busied out so
that communications will be automatically routed to alternative trunks. In addition, CenturyLink will
ensure that all lines provide simultaneous service at all times, with no blockages at the network level due
to insufficient access, processing capacity, database interaction, or any other limitation.
CenturyLink will provide and maintain at least a P.01 Grade of Service for all usage meaning that less
than 1 call in 100 would be denied even during the busiest usage times. CenturyLink represents that it is
a Tier 1 network provider and will ensure that the Technology Solution is over-provisioned relative to the
bandwidth dedicated to !DOC to ensure at least a P.01 Grade of Service for all usage and will
automatically adjust bandwidth access at the Facility level and at CenturyLink's main central site as
needed.
network, CenturyLink will add additional units and expand the Internet access devices as needed to
accommodate the growth.
10.8

Outgoing System I Provider Equipment

CenturyLink is responsible for coordinating the return of servers, telephones and other equipment owned
by the outgoing provider to a destination designated by the outgoing provider. CenturyLink will, at its
sole cost and expense, physically swap out, palletize and coordinate the removal of all outgoing
equipment from each !DOC Facility within two (2) days of deinstallation. CenturyLink is solely
responsible for returning or coordinating the return of the outgoing provider's equipment.
10.9

Cutover, Testing and Acceptance

(i)
Cutover. Cutover for all Facilities will begin at 12:0la.m. on the Service
Commencement Date and continue until complete. Cutover from the outgoing system shall
be planned and coordinated to minimize and mitigate as much as possible any degradation or
loss of service.
(ii)
Cutover Calls. CenturyLink may, at its option, offer Inmates free calls for a specified
period of time to test the system and ensure that it is functioning and processing calls and data
normally. CenturyLink may offer shorter call times (not less than five (5) minutes) and may
limit free calls to in-state numbers only. If free calls are offered at one Facility, CenturyLink
will offer free calls at all Facilities.
(iii)
Testing and Acceptance. Once a Facility has completed its cutover, a testingacceptance period will be conducted to ensure that all hardware, software and other
components are free from defects that adversely affect the operating condition of the
Technology Solution. CenturyLink will have Service Personnel readily available to each
Facility for the duration of the testing-acceptance period who are qualified to respond to
issues or challenges that arise. The testing-acceptance period consists, at a minimum, of the
following:
a) Beginning at cutover, each Facility's reliability test will run for a period of thirty
(30) consecutive days on a 24-hour per day basis. During the testing-acceptance
time period, the Technology Solution may not be brought down for routine

16 IP a g c

- --------------- -- ----

maintenance or software push-outs. Down Time that occurs during the reliability
test period constitutes a basis for starting the reliability test over.
b) Failure of individual components that do not materially affect overall Technology
Solution performance or render the Technology Solution inoperable will not be
construed as a system failure or counted as Down Time.
c) Part of the testing-acceptance process includes the production and receipt of
invoices as well as financial and auditing reports consistent with the information
and format acceptable to IDOC's Fiscal Department.
A successfully completed testing-acceptance period will be achieved when the Technology
Solution has been fully functional for thirty (30) consecutive days for each Facility with no
Down Time. If successful completion of the testing-acceptance period for each Facility is not
attained within forty-five (45) calendar days of cutover IDOC retains the right, at its sole
discretion, of canceling the Agreement or may allow CenturyLink to continue the testingacceptance process until successful completion for all Facilities has been achieved.
(iv)
Correction of Defects. If for any reason before testing-acceptance is complete, a
defect is found then CenturyLink shall correct such defective equipment, software, or system
within a reasonable time, as defined by IDOC. In the event of such an occurrence, the
testing-acceptance period in progress shall be suspended or stopped as appropriate, at the sole
option of the IDOC, until the defective equipment, software or system has been corrected, at
which time the testing-acceptance period shall be restarted from the beginning or resumed at
the point of suspension, depending upon the nature and seriousness of the defect.
(v)
Acceptance. Final acceptance by IDOC of the Technology Solution at each Facility
will be documented through the execution of a Certificate of Acceptance as set forth on
Appendix D - Certificate of Acceptance, attached hereto and incorporated herein. Within
thirty (30) calendar days of the issuance of a Facility's Certificate of Acceptance,
CenturyLink will provide to the Contract Administrator one (1) complete hard copy set and
two (2) electronic CD-ROMs of current/comprehensive technical and system schematic and
wiring diagrams, and material parts listings for each Facility. CenturyLink will make proper
annotations as any substantive changes to the schematics, wiring, or diagrams are made and
issue a replacement hard copy set and CD-ROMs to the Contract Administrator.
10.10

Call Details and Recordings From Outgoing System

Call detail records (CDR's) and recordings stored within the outgoing system are the property of IDOC
and IDOC requires continued access to these records after cutover. Under CenturyLink's current
reciprocal transition agreement with the outgoing provider, CenturyLink will coordinate with the
outgoing provider to obtain such CDRs and recordings in a usable and retrievable format. CenturyLink
recognizes that IDOC and its outgoing provider have been under contract for several years and that there
are hundreds of thousands of CDRs and recordings that need to be captured and imported. CenturyLink
represents and warrants that it is able to accommodate at least eight (8) years' worth of CDRs and
recordings. CenturyLink will upload CDRs, recordings and all data and information from the outgoing
system and have such records become an integral part of the Technology Solution or, at CenturyLink's
election, provide and maintain a separate data base that contains these records which IDOC End-users
will be able to access. No matter which method CenturyLink utilizes to obtain and maintain the CDRs
and recordings from the outgoing system, CenturyLink will use all reasonable best efforts to have such
CDRs and recordings made available to IDOC within ninety (90) calendar days of the Service
Commencement Date.

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10.11

System Health Checks and Post-Acceptance Up-Time

CenturyLink will regularly and routinely perform system health checks which monitor the overall
Technology Solution to ensure it is functioning properly and maintains a Mean Times to Failure and
Mean Times to Repair (MTTF and MTTR) within the 99.999% range. Further, CenturyLink will, subject
to events of Force Majeure, provide post-acceptance up-time of 99.999% such that the accepted
Technology Solution shall not be unavailable for more than fifty-three (53) minutes per year per Facility
("Post-Acceptance Up-Time").
10.12 Remote Access
CenturyLink will establish and maintain remote access capabilities for updates, up!,>rades and
troubleshooting. CenturyLink will provide automatic upgrades I updates to software and firmware as
needed and utilize proactive upgrade I update management practices that work to ensure system stability.
Non-emergent upgrades I updates may only be pushed out and completed between 2200 and 0700 local
Facility time. For any upgrade I update or back-end configuration changes that materially or significantly
alter the look, functionality, accessibility or parameters of the Technology Solution, CenturyLink will
ensure that !DOC End-users receive in a timely manner any training or information necessary to ensure
!DOC End-users are familiar with and know how to utilize the new functionality and can efficiently
CenturyLink will maintain a centralized architecture platform with all data sessions, call processing and
call data housed off-site at the CenturyLink data center in San Antonio, TX with identical back-up
redundancies in St. Louis, MO and/or Atlanta, GA. New software releases and enhancements will be
distributed through an IP connection remotely with no on-site disruption.
(i)
Upgrade I Update. Whenever an upgrade I update and/or enhancement to
Technology Solution finishes testing and is ready for wide release, CenturyLink will advise
the Contract Administrator of the new release and provide documentation of the features and
functions of the upgrade I update and/or enhancement.
(ii)
Diagnostics and Troubleshooting. CenturyLink will utilize its own network
monitoring application and real-time status monitoring, which is overseen by CenturyLink
Technical Services Center (TSC) personnel. TSC personnel will routinely conduct an array
of non-intrusive remote diagnostic tests designed to pin-point a problem and expedite
resolution.
CentnryLink will constantly and automatically monitor trunk and station connections and will
reallocate resources to avoid non-working stations at Facilities.
(iii)
Real Time Status Monitoring. Continuous monitoring is a fundamental component
of the contracted Technology Solution. CenturyLink shall ensure that all key applications,
systems and programs send heartbeat messages to CenturyLink's central monitoring system,
Enforcer™ Real Time Status (ERTS). All critical interface programs will be configured to
send both heartbeat and event messages to the ERTS system. Each system heartbeat will be
recorded in an appropriate status database in ERTS and monitored in real time. ERTS shall
monitor all heartbeats and trigger an event message, should a heartbeat become overdue. In
the event a heartbeat is overdue based on system configuration, CenturyLink will evaluate
and take appropriate action to correct the error.
(iv)
ADTEST Utility. In addition to the passive ERTS monitoring, CenturyLink will
utilize its ADTEST utility which proactively connects to each analog phone media gateway
and completes a backend test call to ensure that the media gateway is functioning properly.
CenturyLink will configure the ADTEST utility to run approximately one time per honr. Test
calls will be done for both station-side testing and trunk-side testing to ensure there are no

18 I 1' a g e

problems with the terminating carriers. All negative results from these test calls will be sent
as events to ERTS for appropriate handling.
10.13

Data Storage, Retention and Rednndancies

CenturyLink will provide substantial long-term data storage and retention in a secure, cloud-based storage
medium for all Stored Information. The Technology Solution will maintain and retain all Stored
Information in a platform neutral environment (e.g. MP3 or WAV file format) indefinitely.
Notwithstanding the foregoing, if the VVS module is deployed as an Additional Feature, VVS videos I
audio tracks shall be retained for a minimum of sixty (60) days (rolling). CenturyLink shall ensure that
all Stored Information is retained in a fully redundant network and shall include redundant records
collection to promote resiliency, facilitate continuous operation of the Technology Solution, guard against
data loss and aid in disaster recovery.
(i)
Network Redundancy: For each supported Facility, CenturyLink will ensure that its
Subcontractor obtains service from at least two (2) different network carriers in support of the
JCS module so that if one carrier experiences an outage, the JCS module will instantly fail
over to the second carrier.
(ii)
Storage Redundancy: CDRs and recordings will be stored digitally on internally
redundant RAID storage devices for the entire Term, in two separate geographic locations to
ensure that, even if a disaster were to completely destroy one data center, additional copies
would still be available for disaster recovery purposes.
CenturyLink will continually monitor all key system areas and automatically assign TSC personnel and/or
dispatch the On-Site Rep or other qualified field technicians as needed to ensure optimal operations. All
monitoring systems will actively monitor communication channels, call processors, disks, messages, and
servers to ensure optimal operations at all times utilizing those diagnostic and remote access services
discussed in §10.12 above.
In the event of a disaster or large scale event at a Facility, IDOC's first and foremost objective is to ensure
the safety and security of the Inmates entrusted to our care and the safety of our staff members and the
general public. Restoring Inmate phones or kiosk services will be prioritized relative to other needs at
each impacted Facility. !DOC follows the national standardized incident command system structure and
applicable SOP and policies for incidents in and around Facilities. Upon request CenturyLlink shall
provide !DOC with a copy of its internal Disaster Recovery Plan.

10.14

Original Source Files

CenturyLink warrants that that all Stored Information, regardless of the format by which it is generated,
created or stored, including uploaded CDRs, recordings, video and data from the outgoing system, is
write protected so that it cannot be accidently overwritten, deleted or lost. CenturyLink shall never purge
or delete from the Technology Solution any Stored Information, so there is no possibility that the "wrong"
files could be accidentally deleted during a purging process. Further, CenturyLink will ensure that the
system is configured such that no user has the ability to modify original source files.
To ensure court-verifiable integrity of call recordings, the ICS module shall utilize a Pikamux call
processing program to generate the call recording in a raw proprietary format. The system shall then
utilize its AU Comp program to decode the Pikamnx raw file and convert the recording into a Speex
compressed format, which supports playback utilizing various utilities. CenturyLink will continually
deploy AU Comp to create an MDS checksum of the audio file for each and every recording. The MDS
checksum will be stored in the database's log file for that recording and will be duplicated with the
recording to both data centers. Each recording and checksum is time-stamped and date-stamped as it is
written to each individual NAS and is protected thereafter.

19 IP age

Stored Information is the property of !DOC and !DOC retains full ownership of same. CenturyLink will
not to transfer, disclose, and/or use any Stored Information derived from and/or collected in connection
with the Technology Solution for any purpose, except as specified in the Agreement or as may otherwise
be required by law, without obtaining IDOC's written permission.
11.

EQUIPMENT AND SIGNAGE
11.1

Equipment Ratios

The number, style and type of equipment instaiied at any Facility, such as waii or floor mount, wireless,
cordless, or roll-around units, shall be approved in advance by !DOC for each Facility through the site
engineering surveys and must take into account the number and classification of Inmates housed at the
Facility, with safety and security being the primary consideration. Through the site engineering surveys,
CenturyLink and !DOC will identify the optimal phone and kiosk ratios.
Space permitting, phones and kiosks shall be installed in such a way as to maximize the opportunities for
Inmates to utilize each piece of equipment simultaneously. Any housing unit which has a caged area for
Inmates to utilize the phone will have a fully-functional kiosk placed in or next to the cage as space
allows.
Thereafter call volume totals will be compared on a daily basis for variances of 15% or more outside of
the defined range. A variance of 15% or more will be researched to ensure there are no malfunctioning
systems or parts and corrections will be made as needed.
On a weekly basis, CenturyLink shall monitor equipment usage and volume for all Facilities. If any
housing unit is consistently at or above 80% usage volume during the hours of 0800 and 2200 for any
consecutive three (3) week period, CenturyLink shall notify the Contract Administrator and the Parties
will work together to determine if there is space and Facility support to warrant additional phones and/or
kiosks being installed in such housing units. Notwithstanding the foregoing, !DOC reserves the right to
require the installation of additional phones or kiosks or the removal of one or more units at any Facility
at any time.
11.2

General Equipment Specifications

All Inmate-accessible equipment must be hardened, correctional grade and meet or exceed specifications
provided herein. CenturyLink will provide equipment that accommodates and accepts both pulse and
tone prompts and functions seamlessly between landlines, cordless phones, computers, laptops, cell
phones, and other such mobile devices.
(i)

No installed equipment will have parts that can be removed by an Inmate.

(ii)
CenturyLink will utilize equipment that is constructed and mounted in such a way as
to minimize and mitigate misuse, vandalism or destruction.
(iii)
All equipment must be water-resistant, flame resistant, shock and impact resistant,
and shatterproof, all with paint and/or finishes that are mar and scratch resistant.
(iv)
Any and all equipment of whatever type must be new. Demonstrators, refurbished or
reconditioned components or equipment are not permitted at any time.
(v)
No equipment with serial numbers or any other manufacturer's identifying label or
mark that has been removed, obliterated, or changed in any way can be installed.
(vi)
Fourteen (14) gauge steel or better phone boxes and kiosks are required unless
alternate styles are offered by CenturyLink and approved by !DOC.
(vii)

Chrome plated Dual Tone Multi-Frequency (DTMF) dial pads (touch-tone) are

20IPage

il

(viii) All handsets will be echo cancelling with armored lanyards. Lanyard lengths shall be
no less than 20" and no more than 32" with a heavy 14 gauge steel or better retainer. Each
Facility reserves the right to dictate the lanyard length, within the 20" to 32" range.
(ix)

Magnetic or micro-switch switch hooks are required.

An independent Uninterruptible Power Supply (UPS) source for each Facility with at
(x)
least 15-minutes of dedicated power.
(xi)
For outdoor units CenturyLink will provide the necessary outdoor rated enclosures to
fully protect the equipment.
(xii)
CenturyLink will offer to Inmates for purchase a handheld portable mini tablet. This
mini tablet will be reinforced with a high grade clear plastic casing, shock absorbers and an
enhanced thickness display with touch screen technology and will be capable of connecting to
the tablet kiosks to download music, emails, photos, ebooks and other similar services as may
be deployed under this Agreement.
With the exception of handheld, mobile or roll-around devices, all equipment accessible to Inmates must
be securely mounted utilizing hardened, high security, tamper resistant correctional grade apparatus and
proven techniques. CenturyLink will ensure that each phone or kiosk is mounted on proper fitting
fiberglass or metal backboards or other correctional grade mounting apparatus. All backboards or other
mounting apparatus shall be securely and properly mounted to the walls or flooring using brackets or
internal mounting hardware not accessible to Inmates. All exposed wiring and cabling, including low
voltage, must be properly protected in conduit and securely attached to the wall, ceiling or flooring as
appropriate.
11.3

Cordless Mobile Phones and Kiosks

Any approved cordless mobile phone, kiosk or mobile, wireless handheld and/or roll-around solution will
be maintained, serviced, repaired and replaced by CenturyLink. CenturyLink will ensure that proper
signal strength is maintained to ensure connectivity and reliability. Boosters, modems or repeaters may
be installed as needed with the location of such being approved by the Facility. All exposed wiring and
cabling, including low voltage, must be properly protected in conduit and securely attached to the wall,
ceiling or flooring as appropriate.
(i)
Cordless Mobile Phones. Cordless mobile phones introduced into Facilities must be
shatter I impact resistant, submersible, and otherwise suitable for the correctional
environment. Before being placed into service every cordless mobile phone must have
memory I redial functionality removed or disabled by the On-Site Rep so that Inmates are not
able to see or access another Inmate's calling information. The cordless mobile phone
solution may utilize an unlicensed portion of the 900 MHz bandwidth and cannot interfere in
any way with radios or other communication equipment used by Facilities. CenturyLink will
ensure that each cordless mobile phone has a minimum of six (6) hours of active talk time
plus 50 hours of standby battery power. CenturyLink will promptly replace any battery
and/or cordless mobile unit that does not meet this minimum talk time level.
(ii)
Kiosks and mobile, wireless handheld and/or roll-around solutions. CenturyLink will
provide a wall-mounted kiosk consisting of a l O" touchscreen hardened behind a steel
enclosure with shatter-resistant touchscreen glass to include a handset mounted to the side of
the kiosk. Full color monitors protected by shatter resistant touch screen panels and high
resolution (470+) color cameras are required. For Inmates in administrative segregation or
other such restrictive housing, CenturyLink will provide kiosks that are mobile, wireless
handheld and/or roll-around solutions to allow !DOC to provide the equipment to Inmates to
... l!Se\Vit.h()l!tJeavi11g tg"ir_ce!ls., ..

2llPage

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11.4

Signage

CenturyLink shall provide, replace and update all Inmate signage as needed. Signage shall be provided in
English and Spanish, and or other languages as requested by IDOC, and shall include, at a minimum:
•
•
;;
•
•
•

a statement that all communications and access will be logged, recorded and may
be monitored;
instructions on how to register with the system;
general usage instructions;
IPUC and FCC complaint contact information;
PREA hotline instructions; and
Other information as Additional Features are deployed, if any.

Signage can be affixed to floor- or wall-mounted equipment, affixed to a wall and/or included in a
bulletin board, as approved and authorized by each Facility. Signage not contained within a bulletin
board will be covered with some kind of protective covering or housing (e.g. hard laminate) to minimize
damage, destruction and vandalism. Any protective covering or housing must be approved in advance by
!DOC and maintained, repaired and replaced by CenturyLink as needed.
ViAol,
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simple on-screen instructions to Inmates and will include appropriate prompts, tutorials, and
informational/help messages. All messages will be built-in throughout the system to help Iumates
navigate the kiosk easily and efficiently and will be provided in text, icon and/or audio form as
appropriate.

11.5

Inmate Notice of Change

CenturyLink will provide at least thirty (30) days prior written notice to the Inmate population of any upcoming change to pricing, services, functionality and access.

11.6

ADA Compliance

CenturyLink will ensure that the Technology Solution meets all applicable state and federal requirements
concerning accessibility and services for the disabled as set forth in the Americans with Disabilities Act
(ADA). All circuits provided must be compatible with TDD/TTY, Hearing Carry Over (HCO) and Voice
Carry Over (VCO) equipment and work seamlessly with voice or video relay centers/systems. In addition
to complying with all ADA requirements, CenturyLink shall:
(i)
Provide at least one (1) TDD/TTY machine or similar system to each Facility. The
TDD/TTY machine shall be maintained, serviced, repaired and replaced by CenturyLink as
needed.

(ii)
Ensure that security features designed into any standard access practice for Iumates
are incorporated into the features utilized by Inmates using relay centers or TDD/TTY
equipment.
(iii)
Maintain a centrally managed database with all known voice and video relay centers'
contact information.
If the VVS module is deployed as an Additional Feature, CenturyLink will ensure that kiosks deployed as
part of the Technology Solution are able to accommodate and adjust for Inmates who utilize sign
language as their preferred method of communicating with family and friends. CenturyLink will provide
kiosk equipment with an adjustable camera to allow for full view of the Inmate from the waist up in order
to facilitate this communication method.

221Pagc

12.

FUNDING
12.1

Funding Sources

CenturyLink will provide a network that is compliant with then current Payment Card Industry Data
Security Standards (PCI-DSS) and protocols. CenturyLink represents and warrants that all financial
transactions related to credit and debit card transactions will be conducted, processed, recorded and
maintained within a PCI-DSS compliant network. Failure to maintain a PCI-DDS compliant network is
grounds for immediate termination.
CenturyLink will provide multiple real-time payment alternatives for outside parties through a secure
website to an Inmate's commissary, media and/or phone accounts. CenturyLink will accept and process
funding through a variety of sources, including but not limited to third party commissary purchases, also
known as debit purchases, and deposits using credit and debit cards through its managed website and
through its Customer Care Center. CenturyLink will impose no funding minimums on accounts
regardless of the funding source.
CenturyLink shall ensure that the Technology Solution is configured such that, at the time an attempted
call is blocked due to funding or calling method, the called party will be instantly connected with a
Customer Care Center representative who will explain the prepaid program, establish a prepaid account,
and facilitate a variety of payment methods.
CenturyLink shall ensure that friends and family can make deposits utilizing secure website or mobile
. application, by speaking with a Customer Care Center representative, via an automated voice prompt
system or by sending a money order that identifies the Inrnate and/or account or through external money
transmitter companies such as MoneyGram®.
12.2

Protecting Funds and Refunds

CenturyLink shall constantly work to protect Inrnate funds from theft, loss and fraudulent activities.
CenturyLink shall ensure that the Technology Solution is configured to require that Inrnates enter their
Personal Identification Number (PIN) to initiate each and every call, commissary order, or kiosk
transaction. CenturyLink will continuously deploy multiple methods to counteract PIN fraud, including
but not limited to reporting features, voice verification, and continuous voice biometrics as applicable to
Base Services and Additional Features, if any.
(i)
Refunds for Drooned Calls and Services I Ouality Issues. Any refund request
received from Inrnates and the general public will be objectively and fairly reviewed by
CenturyLink's On-Site Rep or Customer Care Center personnel on a case-by-case basis.
Except as provided in §12.2(ii) below, refund requests will be processed by CenturyLink in
accordance with its internal refund policies and guidelines as set forth on Attachment 3,
attached hereto and incorporated herein. Any refunds granted may not be deducted from the
ADP Fee or otherwise assessed to IDOC in any way.
(ii)
Refunds for Unused Phone Time. IDOC does not allow phone account refunds for
unused phone time except as specifically set forth in !DOC SOP §114.04.02.001. Unused
phone time will only be refunded when an Inrnate has been moved to a county jail, or an outof-state facility or in the event the Inmate's conviction is vacated. IDOC will initiate and
facilitate refunds to Inrnates in such cases.
13.

FUNCTIONAL REQUIREMENTS
13.1

Outbound Phone Calls

As a Base Service and in addition to the general functional requirements discussed throughout this
Agreement, the Technology Solution shall support standard outbound inmate calls through ICSolutions'
Enforcer® solutionthat--will support-multiple· calling··· options-for· Inrnates which include; -but are· not
23IPage

necessarily limited to, standard collect, direct bill, prepaid collect I advance pay, and commissary calling,
also known as debit calling, methods for outgoing calls only for all local, in-state, out-of-state and
international numbers ("JCS module"). The maximum call duration for all call types, unless otherwise
administratively set by IDOC, shall be thirty (30) minutes.
CenturyLink is responsible for the connectivity and call quality at each Facility and will constantly work
to ensure that communications are free from static, cross-talk, disruption, buffering and other such
degraded services.
(i)
Tip Lines, Hotlines and PREA. The JCS module will accommodate and support tip
lines and hotlines that connect to either an outside trunk or an inside extension for internal
confidential informant (CI) lines, PREA, CRIMESTOPPERS and other such numbers. The
On-Site Rep and IDOC End-users with administrative-level profiles will manage tip lines and
hotlines.
CenturyLink will configure the JCS module to support multiple tip lines and hotlines within a
Facility and/or single lines that bridge across all Facilities. Each tip line and hotline will be
individually managed and allow specific IDOC End-users to receive an alert notice when the
tip line I hotline is contacted.
lip Imes and hotimes will always be ·free of Charge' to aii inmates. Tip iines and hotlines
are not privileged and will be recorded, archived and logged as any standard contact except
for certain PREA calls to an !DOC-designated outside rape crisis center, if any, that requires
Inmates be allowed to make anonymous calls to report incidents of sexual abuse or rape. The
JCS module shall restrict access to CDRs and recordings for tip lines and hotlines to IDOC
End-users with administrative and investigative level profiles.
(ii)
Call Branding. The JCS module will provide 'call branding' for each and every
connected call through the use of automatic announcements. The Contract Administrator will
review and approve all branding announcements.
a) At the inception of each call, the !CS module will provide an announcement to
the contacted party that includes the Inmate's name and Facility being called
from.
b) Before a call is connected, the JCS module will advise the Inmate and the
contacted party simultaneously that, if communication is privileged, it is
incumbent upon the Inmate and/or the contacted party to end the communication
and notify the appropriate IDOC staff.
c) Before a call is connected, the !CS module will advise the Inmate and the
contacted party simultaneously the amount that will be billed or charged for the
call.
d) Using the standard 30-minute call length, before a call is connected and again at
the 15 minute mark of the call, the !CS module will inform the Inmate and the
contacted party simultaneously that all calls are recorded and may be monitored.
e) Using the standard 30-minute call length, at least one (I) minute prior to the end
of each call, the JCS module will advise the Inmate and the contacted party
simultaneously of the time remaining.
f)

The !CS module will automatically disconnect each call after the preset time
expires with a message of "Your Call Time Has Expired, Thank You." or
something similar.

24IPage

(iii)
Two-Channel Recordings. CenturyLink and IDOC recognize that high audio quality
is essential to successful investigations and evidentiary admissibility and CenturyLink will
ensure that the JCS module is configured to support and provide two-channel recordings
where each party on the call can have his/her voice isolated as to a single party's side of the
conversation.

(iv)
Personally Authorized Numbers (P ANs). Inmates will establish their own PAN list
within the ICS module without any kind of manual entry by !DOC staff. Each Inmate will
be allowed a minimum of 250 active PANs at any given time.
(v)
Number Validation. The JCS module will provide immediate number validation for
third party collect calls, blocked calls, and other restrictions and no call will be connected
until that validation is complete. As part of the validation process, each dialed number will
be checked against the Line Infonnation DataBase (LIDB) as well as CenturyLink's
proprietary database. The Inmate mnst know the complete telephone number, limited to a
ten-digit dialing sequence, excluding international numbers. Any partial dialed or
misdirected calls shall be terminated and the Inmate will not be charged for the attempt.
Partial dialed or misdirected calls will not be referred to an operator.
(vi)
Affirmative Acceptance. Except as otherwise noted for attorneys in §13.l(viii)
below and other !DOC approved numbers, a positive or affirmative response from the
contacted party is required before a call can be connected.
a) The JCS module will not allow any communication between the Inmate and
contacted party before the contacted party affirmatively accepts
communication. If the contacted party does not respond to prompts
communication will be disconnected and neither party will be charged for
attempt.

the
the
the
the

b) The ICS module will automatically detect the difference between an accepted
call, an answering machine, a busy signal, or any other telephonic activity.
Except in the case of an attorney's phone tree or message center, the JCS module
will automatically disallow connection with an answering machine, a busy signal,
or any other telephone activity and neither party shall be charged for the attempt.
(vii)
Privileged, Do Not Record Numbers and/or Free of Charge Numbers. The ICS
module will allow specific telephone numbers to be set up as 'Privileged, Do Not Record'
and/or 'Free of Charge.'
a) CenturyLink will ensure that all current State of Idaho attorney telephone
numbers as listed in the then most current version of the Tucker Legal Directory
("Tuckers"), are uploaded to the JCS module, properly flagged as 'Privileged, Do
Not Record' and functional as of the Service Commencement Date. On an
armual basis, CenturyLink shall update Idaho attorney numbers in the ICS
module using the most current version of Tuckers.
b) CenturyLink shall ensure that the following !DOC-approved numbers are
properly loaded in the JCS module, are marked as 'Free of Charge' and
functional as of the Service Commencement Date:
•

*Federal Defender Services ofldaho (208-331-5500, extensions 55015525 and 208-331-5530, extensions 5531-5550)

•

All consulates located within the boundaries of the 9th Circuit Court

•

*Local ACLU Office (208-344-9750)

25 IP a g e

•

*Washington DC ACLU office (202-457-0800)

•

Boise Crime Stoppers (208/343-2677 and 1-800-222-8411)

•

Idaho's Department of Veterans Services (1-800-827-1000)

•

PREA hotline

*shall also be flagged as 'Privileged, Do Not Record.'
c) As of the Service Commence111ent Date, CenturyLink shall ensure that any and

all numbers marked as 'Free of Charge' from the outgoing system are captured
and functional within the JCS module.
(viii) Attorney Calls. Many attorneys utilize phone trees or message centers that require
Inmates to press an extension to connect to an attorney or leave a message without the JCS
module receiving an affirmative acceptance of the call.
a) The JCS module will recognize when the calling party reaches an attorney's
phone tree and, subject to proper settings within the JCS module, allow Inmates
to input additional digits in order to transfer to an attorney's extension.
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funds, also known as debit funds, to pay for the call to be completed without
affirmative acceptance when calling an attorney phone tree or when connecting
to an attorney's message center.
c) The ICS module will allow attorneys who allow/accept collect calls or who do
prepaid accounts to generally reqnire positive acceptance for calls to connect.
Attorneys will have the ability to opt out of affirmative acceptance calls if they so
choose.
When placing a call to an attorney, the contact detail will be captured to include information
on the Imnate who initiated the call, the date and time of the call or attempt, and the number
called but the phone call itself will not be recorded and must be restricted from live
monitoring.
(ix)
Restricted I Blocked Numbers. With the exception of special group profiles for
limited purposes (e.g. outside law enforcement agency access), all user profile groups will be
able to add, remove and modify restricted I blocked numbers. The ICS module will manage
restrictions/blocks that can be imposed on any number, a single Inmate, for a specific Facility
or for all Facilities. The ICS module will allow a contacted party to automatically block all
future communication attempts and such an action must automatically block communications
from all Facilities. The ICS module will also include 'soft block' and 'automatic blocking'
features where the system, based on established rules and calling parameters, automatically
blocks a number after multiple refused calls. CenturyLink will ensure that the ICS module
does not allow any communication from any Facility to a restricted/blocked number.
a) Except for certain numbers approved by IDOC, the ICS module shall
automatically block 1+800, 1+866, 1+888, 1+877, 1+900, and l+AC+976
numbers.
b) Directory or information services calls (e.g. 411, 511, et al), l+ calls, or calls
billed to third party numbers or direct billed to credit cards are prohibited.
c) CenturyLink shall transfer, upload and integrate all phone numbers from the
outgoing system into the ICS module and any phone number marked as

261 Page

blocked/restricted will be blocked I restricted in the ICS module as of the Service
Commencement Date.
d) Any number set up as restricted/blocked by any IDOC End-user shall include a
mandatory notes/comment field.
(x)
Imnate Suspensions. The ICS module will manage suspensions for individual
Imnates and automatically restore privileges when the suspension period is up. CenturyLink
will ensure that individual Inmates on restriction are able to place calls to properly configured
attorney numbers, the PREA hotline and CI lines but restrict access to all other numbers until
the Imnate comes off suspension. CenturyLink will ensure that the Technology Solution is
configured to accommodate multiple customization options for restricting Imnate access
including but not limited to:
a) Full and partial suspension where full suspension means the Inmate cannot utilize
the phone at all or partial suspension where an Imnate can place calls to attorney
numbers, free numbers and hotlines.
b) Restrict calling to specific Facilities or from individual phones or groups of
phones.
c) Restrict the number of calls an Inmate can place in a specific timeframe (days,
weeks, months).
d) Restrict calling to a specific set of phone numbers through managed PAN lists.
e) Restrict the number of free calls an Inmate can make.
(xi)
Live Monitoring and Archive Reviews. The ICS module will support live monitoring
from multiple computers for any non-privileged real time communication in progress, allow
the review of any non-privileged archived communication, and continue to process multiple
other transactions and services simultaneously all without detection by Inmates or any
contacted party. The ICS module will support playback of archived communications using
standard multimedia players.
13.2

Inmate Voicemail

As a Base Service, CenturyLink shall provide Inmate voicemail (NS module) as part of the overall
Technology Solution.
The NS module will allow families and friends to leave voicemail messages for Inmates. Messages are
paid for by the party leaving the message, and no fee will ever be charged to the Inmate to retrieve a
voicemail message. Voicemail messages will be recorded, captured, and archived and the NS module
will support administrative functionality, investigative tools and other similar elements similar to those
associated with the res module.
(i)

Duration. The maximum message duration shall not be less than two (2) minutes.

(ii)
Future Access. CenturyLink will configure the IVS module to allow Imnates access
to re-listen to a previously listened to voicemail for thirty (30) consecutive days following the
first time the message was listened to.
(iii)
Voicemail Capture. Each voice mail message will result in the creation of a CDR,
which will be stored along with the voicemail recording. These records will be readily
searchable and retrievable online by authorized IDOC End-users, just like any standard
telephone CDR or recording.
(iv)

Facility to Inmate Messaging. CenturyLink will configure the NS module to allow

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271 P age

of charge. Authorized Facility personnel will type the desired message into the appropriate
Technology Solution application, which will then convert the message to synthesized speech
and deliver it to the designated Inmates' voice mailboxes.
13.3

Commissary Ordering

As a Base Service, CenturyLink shall provide kiosk-based connnissary ordering (POS Module) as part of
the Technology Solution. In addition, CenturyLink will provide supplemental commissary ordering
access by allowing for commissary ordering and balance checking via the JCS module. ICS commissary
access is designed to ensure Inmates have widespread, nearly constant access to connnissary ordering
during times when kiosks are in high demand and for those Inmates who do not have ready access to the
kiosks. All commissary purchases are subject to !DOC policy 406 and SOP 320.02.01.001, any unique
Facility authorized or restricted items, and funds availability.
CenturyLink shall not impose or charge any sort of surcharge or transaction fee on Inmates for kioskbased connnissary orders through POS module or for connnissary orders placed through the !CS module.
The actual date of the roll-out date of the POS module and ICS connnissary ordering will be determined
by !DOC and communicated to CenturyLink at least sixty (60) calendar days in advance of the roll-out
date. Once active, the POS module and ICS connnissary ordering functionality. will permit !DOC
Jnmates to place and track connnissary orders and make refund requests of a 3'" party connnissary
provider. Interface requirements with !DOC systems and the 3ro party connnissary provider will be
developed, tested and implemented by CenturyLink with assistance from IDOC's commissary provider
and shall be tested and stable at least thirty (30) days in advance of the roll-out date.
The following identifies functional services contained within the POS module for kiosk orders:
(i)
Browsing. Inmates will be able to browse commissary items by categories or use the
text search to look for items and see pictures and prices of available product offerings.
CenturyLink will work with IDOC's 3rd party commissary provider to obtain the proper
menus, pricing, and pictures to be uploaded to the kiosks.
(ii)
Shopping Cart. Products in the shopping cart will be saved until the Inmate is ready
to finalize and submit the order. CenturyLink will include periodic checks to ensure that
orders do not exceed pre-defined and configurable limits per !DOC SOP, inventory available,
category thresholds, or the Inmate's trust account balance (subject to Reflections being able
to provide real time financial data). If a limit is reached, the Inmate will be advised by the
POS module to make changes before the order can be submitted and processed. When an
order is submitted, Inmates will be required to review and agree to a standardized purchase
agreement. This purchase agreement is customizable and will be mutually developed by the
Parties. Processing of connnissary orders only occurs after acceptance of the purchase
agreement.
(iii)
Automatic Adjustments. CenturyLink will ensure that the POS module is configured
to remove items based on priority if the total order amount exceeds the Inmate's available
balance. This Priority List will be based on IDOC's Partial Order Fill List as set forth in SOP
406.02.01.001.
(iv)
Order Confinnation. Upon completion of an order, an email confirmation will be
sent to the commissary provider to be included in the Inmate's commissary order.
(v)
Order Fulfillment. Once an order has been placed, the Inmate name (first and last),
Inmate ID number and order information will be added to the fulfillment file and sent to the
3'' connnissary provider for fulfillment each day.

281Page

(vi)
Back Office Administration. CenturyLink, will provide administrative access to the
POS module for authorized IDOC End-users and the 3'' party commissary provider to
administer all of the POS services to include, but not necessarily limited to:
a)
b)
c)
d)
e)

Edit times for order processing
Activate or remove commissary ordering on the kiosk
Enable or disable order processing
Manually adjust catalog items
Review past order details

Ordering schedules will be set at the Facility or housing unit level. The POS module will
accommodate daily, weekly, or monthly ordering cycles, with multiple processing times
throughout the day.
(vii)
Integration with the Banking System. Subject to IDOC software capabilities,
CenturyLink will debit and credit inmate commissary accounts by integrating with CIS and
Reflections. CenturyLink will receive an Inmate roster on a daily basis via FTP, and return a
daily file containing all credits and debits to the appropriate Inmate account. Reflections will
upload the transactional data and populates each Inmate account with appropriate credits or
debits.

13.4

General

Cent'uryLink will configure the Technology Solution in such a way as to ensure that there is no IDOC
personnel involvement relative to establishing an Inmate's account, access, registration, set up, or PIN
creation. As of the Service Commencement Date, CenturyLink will ensure that the Technology Solution
is configured to support and provide the following general functional elements.
(i)
System Access. The Technology Solution will be fully managed and accessed
through separate local desktop computers through any operating system, including but not
limited to Windows, Mac and Linux systems, by multiple authorized users at once and
through a secure Internet portal for remote access, requiring a secure network integration
model. CenturyLink shall utilize its own dedicated IP address and establish a secure firewall
to ensure system integrity on both the Facility local area network (LAN) and the system
LAN. Further, the overall Technology Solution will be protected by perimeter and secondary
firewalls. Access to the wide area network (WAN) will be accomplished only by IDOC IP
addresses registered with the system. Any domain/IP address that is not registered will be
denied access to the Technology Solution. CenturyLink shall provide its customary secure
firewall which will automatically log all denied connection requests. These logs are
accessible to CenturyLink network monitoring staff and will be provided to the Contract
Administrator upon request.
CenturyLink will ensure that security clearance to gain access to CDRs, recordings, video,
data, monitoring and reporting is managed through a series of usemames, passwords, and
account privileges within the Technology Solution. The Technology Solution will be
protected by a Multiprotocol Label Switching (MPLS) network over which communications
will be processed and data sessions will travel, all of which will be a private, dedicated,
managed and firewalled network that is paid for, supported, managed and maintained by
CenturyLink.
All access points to the Technology Solution database and application will be password
protected and will occur only through a Secure Sockets Layer (SSL) exchange. CenturyLink
will ensure that any data accessible to application users will be encrypted per SSL standards
and that the MPLS network over which data travels is also encrypted. Each nsemame must
be associated·with aprecconfrgured set ofprivileges withinthe GUI and access to any records
29] P a g c

for retrieval requires specifically assigned privileges from an authorized CenturyLink or
!DOC Administrator.
Access to any Inmate information, billing records, payment information or client information
will be granted for CenturyLink employees only on a need-to-know basis and requires signed
authorization from CenturyLink management before CenturyLink systems administrators
may grant any such access. Access to all Stored Information is saved as read-only for all
users.
!DOC will utilize the standard user profile groups established by Century Link. Century Link
will ensure that among its standard profiles there is an administrative-level user profile that
provides administrative access to the Technology Solution with permissions that include, but
are not limited to, access to all financial records, the ability to set and adjust Facility and
Inmate access times, the ability to add I delete other !DOC End-users to any other profile
group, and uurestricted access to all data, event detail records, media, investigative functions
and information, usage schedules and all other similar functionality. CenturyLink will ensure
that the Technology Solution is configured in such a way as to allow CenturyLink or !DOC
administrators the ability to create and modify the profile groups to meet !DOC' s needs
relative to customized role settings and privileges.
(ii)
Reports and Logs. The Technology Solution shall support and provide varied
reporting capabilities that can be compiled through adjustable search pattern criteria. All
search pattern criteria and any available logs, activity reports, audit features, financial reports,
and other similar data reporting functionality shall be exportable into standard Excel format
and all available reports and logs will be configured, loaded, and printed from local !DOC
network computers. Access to certain logs, activity reports, audit features, financial reports,
and other similar data reporting functionality will be based on user profile.
Available reports and logs must be configured to contain, at a minimum:
•
•
•
•
•
•

Inmate name (first and last)
!DOC Inmate number
Transaction or event's unique identifier,
Inmate housing area and phone I kiosk used (e.g. ISCI 15 Port 3)
Transaction type
Date I Time

Every financial, accounting and reconciliation report must be configured to contain, at a
minimum:
• Inmate name (first and last)
• !DOC Inmate number
• Transaction or event's unique identifier
• Inmate housing area and phone I kiosk used
• Requested transactional detail
• Date I Time
(iii)
Investigation and Intelligence. CenturyLink will utilize and deploy throughout the
Technology Solution robust intelligence analysis tools such as CenturyLink's Link Analysis
data mining solution, Call Analysis solution, Gang Affiliation Tracking tool, Graphical
Mapping tool, Router Detection tools, integrated watch lists, and customized alerts. All
investigative and intelligence tools may be utilized by !DOC End-users, based on user profile,
to identify and investigate suspicious associations and patterns between Inmates, contacted

30 I P a g e

outside parties, telephone numbers I emails, high interest groups, and other data to identify
possible criminal or illicit activity or fraud.
(iv)
'Alerts' and Flagged Contact Points. The Technology Solution will allow identified
telephone numbers, tip lines, hotlines (including the PREA hotline), identified email accounts
or any means of contacting the outside communication world, to be flagged for monitoring
and other investigative purposes. CenturyLink will ensure that real time and archived media
is immediately accessible by the alerted IDOC End-users.
CenturyLink shall configure the Technology Solution to monitor all contact points and send
an email or text message alert notice to designated IDOC End-user(s). Alert notices to IDOC
End-users will contain, at a minimum, the following data elements:
• · Inmate's first and last name
• Date and time
• Facility
The Technology Solution will silently connect the alerted IDOC End-user to a
communication event in progress without a tone, click or other notification to the Imnate or
the contacted party and allow for multiple IDOC End-users to monitor the communication
event in real time. The Technology Solution will also allow multiple IDOC End-users to
access CDRs, recordings, data, information, and all records and media, regardless of its
source of origination or medium, from multiple computers at once all while simultaneously
completing all real time transactions and usages without detection by Imnates or contacted
parties.
(v)
Imnate Usage. The Technology Solution as a whole will be functional and available
for use 24/7/365. Outside communication services and access times will vary by Facility and
housing area (e.g. restricted 2400 to 0800, available 24/7/365, available daily from 0800 to
1500 and again from 1900 to 2200) as established by Facility rules and schedules. Imnate
access times may also vary by function such as the ICS module may be available different
times than the POS module.
a) CenturyLink will load the current schedules for each Facility and housing unit
into the Technology Solution such that on the Service Commencement Date, the
Technology Solution will automatically turn outside communication access
services on and off for phones and kiosks in accordance with Facility rules and
schedules. The On-site Rep, other designated CenturyLink personnel, if any, and
those IDOC End-users with administrative-level profiles shall manage access
times and will be able to adjust access times within the Technology Solution as
needed.
b) CenturyLink will configure the Technology Solution to allow IDOC End-users
with administrative-level access to adjust call length for specific phone numbers,
up or down, on a case-by-case basis.
c) The Technology Solution will allow Inmates to engage in outside communication
services (including commissary ordering), disconnect, and promptly engage in
another contact without any kind of forced delay or minimum 'on-hook' time.
Subject to Facility rules and schedules and if deployed as Additional Features,
CenturyLink will ensure that Imnates are able to utilize non-fee based kiosk
services, including commissary ordering, as frequently as desired.
d) CenturyLink will offer call recipients whose phones cannot accept collect calls
.one free.two . . (2).minute caltat.least.one.time every.three . (3) . . months . to make
311Pege

connections before they are automatically transferred to a live Customer Care
Center representative to explain the options available and help with account
setup.
(vi)
Linking Inmates to Housing Areas. CenturyLink shall configure the Technology
Solution to link each Inmate to his/her current housing unit and prohibit the use of that
Inmate's information from another housing unit or Facility. To assist in this process, IDOC
uses specific field codes in CIS to track an Inmate's transfer I housing movements which are
commonly known as 'out of facility' designators, and include: (a) transfers out of Facility;
(b) transfers between Facilities, and (c) transfers to a different housing unit within a Facility.
If a real time feed from CIS can be established, the Technolob'Y Solution will automatically
temporarily disable accounts for Inmates who are flagged as 'out of facility' and
automatically re-establish access when the Inmate is logged back into his/her housing unit in
CIS.
(vii)
Transferred Inmates. IDOC will on occasion house inmates at county facilities
throughout the State or with other DOC's in other states (collectively "Outside Housing
Facility"). In the event an Inmate is transferred to an Outside Housing Facility serviced by
CenturyLink and then transferred back to au IDOC Facility, upon IDOC changing that
Inmate's 'out of facility' housmg code m ClS to a specific Faciiity's housing umt,
CenturyLink will ensure that the Technology Solution is configured to grant that Inmate
access to only those Base Services and Additional Features, if any, approved and active
within the IDOC Technology Solution. By way of example only, if Bonner County Jail
offers on-line periodicals to be purchased by their inmate population through kiosks and
IDOC Inmates have access to that functionality while incarcerated in the Bonner County
facility, then when that Inmate comes back to an IDOC Facility, CenturyLink will ensure that
such functionality is not available to that Inmate unless and until IDOC elects to add it as au
Additional Feature.
(viii) Languages. The Technology Solution will, at a minimum, communicate all prompts
and information, written or 'spoken' through computer voice generation, in English and
Spanish. CenturyLink will include other languages as requested by IDOC at no charge.
(ix)
Shut-down. At any given time, the Technology Solution will be configured to allow
IDOC End-users to shut down or disable phones and kiosks on an individual basis, by
housing unit, or by individual Facility utilizing the software and programming associated
with the system and/or the physical toggle I cutoff switches.
(x)
Included Kiosk Information and Tutorials. CenturyLink will provide a powerful and
flexible solution that allows the inclusion of Inmate accessible information tabs embedded
within the programming of the Technology Solution for kiosks and tablets that will allow
Inmates to access certain IDOC policies, procedures, rules and regulations, provide access to
Base Services and Additional Features as they may be rolled out, calendars and schedules,
commissary and food service menus, and training or tutorial aides. CenturyLink will design,
set up and maintain all information and tutorials and shall display such features and all other
menu items through text, icons or pictures as appropriate.
Indigent Inmate Contacts. In June and December each year, CenturyLink shall
provide at least one (!) free communication point to each Indigent Inmate. This
communication can be telephone or, if implemented, video visitation, at CenturyLink's
election, Free calls or video visitations are not cumulative and carmot be carried over or
banked for future use. IDOC will provide the list of Indigent Inmates to CenturyLink on or
before the l" of June and I" of December and CenturyLink will upload the free
.communication...point. . forJhose. . .Indigerrt ln.rniltes by.Jli.e... s'" gf)ll!l~ 3Jlcl5'h of . .P".c"111ber,
(xi)

32 IP age

CenturyLink will allow Indigent Inmates access to their free communication point between
June 1O'" and July 1o"' and between December 1o"' and January 101" each year.

14.

PRICING MATRIX and DEDUCTIONS, FEES and CHARGES

CenturyLink represents and warrants that the pricing, fees and charges of whatever type that may be
imposed on Inmates and their families and friends for any service, function, enhancement or feature
utilized through the Technology Solution are lawful, equitable, fair and reasonable for the services
provided.

14.1

Pricing

Unless otherwise approved in advance by IDOC and memorialized in an amendment to this Agreement,
all pricing structures for Base Services are fixed for the Term. Any change in rates up or down that is not
approved by !DOC in writing in advance of the change is grounds for termination of the Agreement.
Further, if CenturyLink increases rates without the express written approval of !DOC, then CenturyLink
will issue credits to all customers who were overcharged.
ICS module.
Inmates will have access to. standard outbound telephonic
(i)
communications for prepaid, standard collect and commissary calling, also known as debit
calling, methods for local, in-state, out-of-state and international numbers as of the Service
Commencement Date. CenturyLink will provide a fully-burdened postalized (per minute)
pricing model for all approved call types for all calling areas with no connection fees or
surcharges of any sort. All Facilities will have equal access to all call types and calling areas,
have thirty (30) minute maximum call time per call and will enjoy the same pricing structure.
The pricing matrix for the ICS module is set forth on Exhibit 1 - ICS Pricing, attached hereto
and incorporated herein.
IVS module. Inmates will have access to voicemail services to retrieve messages.
(ii)
All Facilities will have equal access to voicemail services and will enjoy the same pricing
structure. Only the party leaving the message will be charged for the transactions and
Inmates will never be charged to retrieve and listen to voicemail messages. CenturyLink will
provide all voicemail services with no connection fees or surcharges of any sort. The pricing
matrix for the IVS module is set forth on Exhibit 2 - IVS Pricing, attached hereto and
incorporated herein.
POS module. CenturyLink will not charge any transaction or processing fees of any
(iii)
sort for commissary purchases or refund requests of the POS module or ICS ordering feature
by Inmates.

14.2

Deductions, Fees and Charges

All deductions, fees and charges of whatever type or naming methodology must be disclosed by
CenturyLink to Inmates and the general public through its website and signage in an easily understood
structure, itemizing any and all deductions, fees and charges of whatever sort for all transaction types that
could be incurred by, imposed on, or deducted from an Inmate or his/her family and friends. All
deductions, fees and charges permitted under this Agreement are set forth on Exhibit 3 - Deductions, Fees
and Charges, attached hereto and incorporated herein. Only those deductions, fees and charges set forth
on Exhibit 3 may be imposed or charged by CenturyLinke

15.

SERVICE AND SUPPORT
15.1

CenturyLink's Customer Care Center

CenturyLink shall establish and maintain a call center tasked with servicing the general public and
Inmates as it relates to using the Technology Solution, posting funds, answering questions, resolving

33 IP age

issues and other similar services. Any requests or questions by Inmates and the general public will be
addressed by the On-Site Rep or the Customer Care Center.
CenturyLink will address customer issues and complaints proactively through a 24/7/365 automated and
live customer service representatives, complemented by approved Subcontractor websites. At a
minimum, the Customer Care Center will maintain live customer support services for the public of at least
0800 to 1700, seven (7) days a week. CenturyLink shall provide bi-lingual customer service
representatives who are fluent in English and Spanish.
Customer service representatives will have the ability and authority to address customer inquiries and
complaints in real time, including but not limited to:
(i)

Ability to transfer funds from a prepaid account to another telephone number and/or

Inmate account;

(ii)

Ability to add another telephone number to their prepaid account;

(iii)
Visibility to all payments made to the prepaid account and the status of these
payments;
(iv)

Ability to provide the customer with the balance on their account; and

(v)

Ability to block or unblock phone numbers.

Customer Care Center supervisors shall be available 24/7/365 to resolve any issues that require
escalation.
15.2

CenturyLink's Customer Support Group

CenturyLink shall establish and maintain a call center which is staffed 24/7/365 and tasked with servicing
IDOC and its Facilities as it relates to the Technology Solution, issuing work orders and handling
technology and service I repair issues, and answering !DOC End-user questions. CenturyLink shall
provide day-to-day support and emergency response for !DOC and its Facilities using the On-Site Rep
and TSC personnel.
Due to the sophisticated nature of Technology Solution, TSC personnel will routinely conduct an array of
non-intrusive remote diagnostic tests designed to pin-point the problem and expedite resolution, using
remote access to effect repairs and system adjustments whenever possible. CenturyLink will provide
TSC personnel who are professionally trained and experienced in the operations of the Technology
Solution and who can provide technical support and perform remote diagnostics, or dispatch the On-Site
Rep or other qualified field technician to the Facility ifthe problem cannot be fixed remotely.
TSC personnel will utilize and follow the same service level requirements noted in §15.3 below and the
Escalation process and plans contained in Attachment 1.
The CenturyLink Mantis or equivalent trouble ticketing system will be used to enter ticket-specific data
and to automatically update the Contract Administrator and On-Site Rep on repair progress via email.
CenturyLink will maintain a complete account of all trouble tickets issued by the TSC for the life of the
Agreement.
15.3

Service Levels

CenturyLink acknowledges and understands that Technology Solution reliability and Post-Acceptance
Up-Time is critical to the security and safety of each Facility and that prompt responses for emergency
outages, general maintenance and repairs is required. Service level response times are determined based
on CenturyLink's receipt of notice of failure through the TSC, Customer Support Group or On-Site Rep.
Priority Level One (Pl), Critical Failures require a minimum remote response time
(i)
minutes of CenturyLin]c's notification for all Facilities or an on-site
within

·······························

34] P age

response by qualified technical support within one (1) hour of notification for the South Boise
Complex and two (2) hours for all other Facilities. The following situations shall be
considered Priority Level One, Critical Failures:
•

Failure or shutdown such that Inmates are unable to access the Technology
Solution as a whole or any singular module, such as the VVS module; or

•

Failure where Inmate calls are being repeatedly or consistently dropped or access
is unavailable or denied at one or more Facilities; or

•

More than twenty percent (20%) of the equipment is not working for any given
Facility; or

•

Loss of monitoring I retrieval access or data; or

•

Loss of access for IDOC End-users; or

•

Power failure, loss or interruption not involving power for the entire Facility.

CenturyLink will apprise the Contract Administrator of all Priority Level One, Critical
Failures, either by email or phone, within thirty (30) minutes of CenturyLink's notice of
same. Such notice to the Contract Administrator shall include details of the failure, as much
as is known at the time, and the steps currently underway to correct it. Confirmation that the
failure has been corrected or regular updates containing details of the extended corrective
action plan in place to address the failure shall be provided to the Contract Administrator as
needed until the issue is corrected.
(ii)
Priority Level Two (P2), Localized Failures require a minimum remote response
time within two (2) hours of CenturyLink's notification for all Facilities or an on-site
response by qualified technical support within four (4) hours of notification for the South
Boise Complex and six (6) hours for all other Facilities. The following situations shall be
considered a Priority Level Two, Localized Failure:
•

Equipment in localized housing units within a given Facility is not functioning
properly or down completely. If the number of non-working equipment reaches
20% of the total pieces of equipment for that Facility then the outage rises to a
Priority Level One, Critical Failure.

CenturyLink will apprise the Contract Administrator of all Priority Level Two, Localized
Failures, either by email or phone, within one (1) hour of CenturyLink's notice of same.
Such notice to the Contract Administrator shall include details of the failure, as much as is
known at the time, and the steps currently underway to correct it. Confirmation that the
failure has been corrected or regular updates containing details of the extended corrective
action plan in place to address the failure shall be provided to the Contract Administrator as
needed until the issue is corrected.
Priority Level Three (P3), Routine Repairs/Maintenance requires an on-site
(iii)
response by qualified technical support within twenty-four (24) hours of CenturyLink's
notification, excluding holidays and weekends, unless other arrangements are made. The
following situations shall be considered Priority Level Three, Routine Repairs I Maintenance:

=

Routine day-to-day maintenance, service or repairs for all equipment

(iv)
Chronic Failures: Chronic failures are failures that result in continued intermittent
or sporadic errors and failures of a substantially similar nature that occur time and time again.
In the event of a Chronic Failure, CenturyLink shall work diligently to identify and resolve
suchfailure as expeditiously as possible. CentmyLink shall keep the Contract Administrator
35 IP age

informed of corrective action steps currently underway to address Chronic Failures and
provide regular updates as needed until the issue is corrected.

15.4

Liquidated Damages

Inasmuch as the actual loss and/or inconveniences to IDOC and its Facilities, Inmates and the public are
difficult to ascertain, CeuturyLink agrees, as a condition of this Agreement, that it shall be liable for and
shall pay to IDOC certain fixed, agreed, and liquidated damages as set forth herein. The assessment of
liquidated damages for service level failures shall be in addition to, and not in lieu of other ren1edies
available to IDOC and nothing in this Agreement shall preclude IDOC from recovering damages or
exercising any other remedy at law or in equity; nor shall IDOC be precluded from terminating the
Agreement for breach.
1

IDOC is not required to invoice for liquidated damages and CenturyLink may accomplish payment
through ADP Fee adjustments with proper documentation. Notwithstanding anything herein to the
contrary, IDOC shall not impose liquidated damages when the failure arises out of events of Force
Majeure or are due to the actions or inactions of !DOC.
(i)
Performance. Time is of the essence in the performance of the work specified herein.
If CenturyLink fails to meet the installation and cutover timelines established and agreed to
through the Pinal Project Plans, liquidated damages shali accrue to ID0C m the amount of
One Thousand Dollars and no/100 ($1,000.00) per calendar day per Facility and will continue
to accrue until such time as the project is back on schedule for each Facility. Any Time of
Performance liquidated damages are due within 10 days from the date the project is back on
schedule or cutover, whichever occurs first.
Service Level Failures. Failing to meet minimum service level requirements
(ii)
compromises daily operations as well as Facility safety and security. If CenturyLink fails to
meet the service levels as set forth in §15.3, CenturyLink shall pay IDOC the following
liquidated damages:
•

Priority Level One, Critical Failure: $500.00/day per impacted Facility

•

Priority Level Two, Localized Failure: $250.00/day per impacted Facility

On a monthly basis, CenturyLink shall provide a comprehensive Service Level Report as
more thoroughly described in Appendix C to the Contract Administrator recapping all P 1 and
P2 failures from the prior month. If service levels are not met, liquidated damages may be
imposed by !DOC for every out-of-compliance event and shall be paid witlrin thirty (30) days
of CenturyLink's receipt of notice of non-compliance of from the Contract Administrator.
(iii)
Chronic Failures. CenturyLink is not subject to liquidated damages for Chronic
Failure situations unless and until such failures cause CenturyLink to drop to a PostAcceptance Up-Time of 95% or lower for at least three (3) consecutive months. In such an
instance CenturyLink is subject to liquidated damages in the amount of Five Hundred Dollars
and no/100 ($500.00) per month that Chronic Failures continue to impact Post-Acceptance
Up-Time. Chronic Failures liquidated damages shall be paid until the issues are resolved.
16.

FINANCIALS
16.1

ADP Fee

CenturyLink shall pay IDOC a flat fee that utilizes IDOC's average daily population (ADP) as the basis
for the calculation ("ADP Fee"). The ADP Fee is used by IDOC to fund the Inmate Management Fund
(IMF) which promotes the welfare of Inmates through services, programs and physical purchases. The
ADP Fee is calculated by multiplying the prior month's ADP for all Facilities by twenty dollars and

361 P '1 g e

no/100 ($20.00). By way of example, IDOC's ADP for July 1, 2013 through July 31, 2013 was 7385 so
the calculation for the July 2013 ADP Fee is: 7385 x 20 = $147,700.00.
By the 5th of each month the Contract Administrator shall provide CenturyLink with the ADP for the
prior month. CenturyLink will remit payment of the ADP Fee on or before the 15"' of that month to
IDOC by check sent to the address noted in § 16.3) below or by A CH/Direct Deposit as mutually
agreed. Since IDOC provides the ADP, and the calculation matrix is set at $20.00, no reconciliation
reports are required to accompany the ADP Fee payment.
The ADP Fee is paid in arrears and is based on actual ADP for the prior month so it is earned at time of
payment and is not subject to a refund at any time.
CenturyLink acknowledges and agrees that it has a remaining liability, once the Agreement is ended, for
the final month's ADP Fee payment. If the Agreement is terminated for breach the ADP Fee for the
current month, up to the date of termination, becomes immediately due. If the Agreement expires
naturally or is not renewed, then the ADP Fee would be due by the normal due date on or before the 15'"
as set forth above.
16.2

Invoicing IDOC

IDOC holds all Inmate trust accounts and will remit payment to CenturyLink for purchases made by
Inmates. By the 5"' of each month CenturyLink will invoice IDOC for the prior month for all Inmate trust
account transactions for phone and kiosk services. Invoicing shall include detailed reports I reconciliation
documentation in Excel format that includes, but is not limited to, (i) Facility name, street address, city,
state, and zip code; (ii) period dates; (iii) total and summary transactions for each service, and (iv) the
total due. IDOC will remit payment within sixty (60) days from receipt of invoice; however, payment is
contingent upon CenturyLink providing a proper invoice with all required supporting documentation.
Payment can be made by check or A CH/Direct Deposit as mutually agreed.
16.3

Notices and Mailing Address

All notices and other communication required to be given to or made upon any party hereunder, other
than payment requirements herein, shall be in writing and shall be deemed given immediately upon
personal service or facsimile transmission (with confirmation printout), the day after deposit for overnight
courier or forty-eight (48) hours after deposit in the United States' mail. Either party may change its
address or facsimile number by giving written notice of the change to the other party.
For CenturyLink:
CenturyLink Public Communications, Inc.
Attn: Paul Cooper, General Manager
5454 W. 110th Street
Overland Park, KS 66211
Fax: 720-264-8121
With a copy to:
CenturyLink Public Communications, Inc.
Attn: Wholesale Legal Department
1801 California Street, 9th Floor
Denver, CO 80202
Fax: 888-778-0054

37 I P a g e

ForIDOC:
Idaho Department of Correction
Attn: Business Support Manager, Contract Services Bureau
1299 N. Orchard Street, Suite 110
Boise, ID 83706
Fax#: 208/658-2 J 60
For IDOC, all invoices, liquidated damages payments, if any, and the ADP Fee if it is mailed, shall be
mailed I delivered to the address listed below, which may be changed by IDOC at any time upon written
notice.
Idaho Department of Correction
Attn: Fiscal Department
J299 N. Orchard St., Ste. 110
Boise, ID 83706

17.

REGISTRATIONS, LICENSES AND PERMITS

CenturyLink shall comply with all requirements of federal, state, and local laws and regulations
applicable to CenturyLink or to the property/services provided under this Agreement. CenturyLink is
responsible for and expected to stay infOrmed of any anci all changes in fecieral, state, and locai laws, case
law, consent decrees, and court orders at its own expense and shall ensure fuat fue Technology Solution
and all related services hereunder are in full compliance with same.
For the duration of the Agreement, CenturyLink shall maintain in effect and bave in its possession all
licenses and certifications required by federal, state, and local laws and rules and shall provide proof of
such registrations, licenses and certifications upon demand.

17.1

Registration with Secretary of State and Service Of Process

Century Link must independently verify whether it is required by Idaho law to register its business entity
or assumed business name wifu the Idaho Secretary of State and, if required to do so, must remain in good
standing throughout the Term. Regardless of its registration with the Idaho Secretary of State, and in
addition to any mefuods of service allowed by Idaho law, CenturyLink hereby consents to service of
process upon it by registered or certified mail, return receipt requested, at its last known address.
CenturyLink must notify !DOC in writing of any change of address to which service of process can be
made. Service shall be completed upon CenturyLink's actual receipt of process or upon IDOC's receipt
of the return thereof by the United States Postal Service as refused or undeliverable.

17.2

Registration with Governing Bodies

CenturyLink shall maintain current registrations with the Federal Communications Commission (FCC)
and with the Idaho Public Utility Commission (!PUC) and will comply with all applicable orders, rulings,
and mandates from those governing bodies. CenturyLink shall, at its own cost and expense, stay
informed on any and all applicable federal, state, and local laws, case law, consent decrees, and court
orders and any changes thereto and shall ensure that fue Technology Solution and all related services
deployed at !DOC Facilities are in full compliance with same. Failure to maintain proper registrations
with the FCC or IPUC is grounds for immediate termination.

17.3

Money Transmitter License

CenturyLink shall maintain, or shall cause its approved Subcontractor to maintain, in good standing an
Idaho Money Transmitter License. Upon written request, CenturyLink shall provide, or shall cause its
approved Subcontractor to provide, proof of its current license to the Contract Administrator. Failure to
maintain an Idaho Money Transmitter License is grounds for immediate termination.

38]Page

17.4

Professional and Business Licenses

CenturyLink and all Service Personnel shall maintain in good standing any and all registrations, licenses
and permits as may be required by applicable federal, state, and local laws, codes, rules, mandates and
regulations. Upon written notice from IDOC, CenturyLink shall provide proof of such registrations,
licenses and certifications. Failure to maintain required professional and business registrations, licenses
and permits is grounds for immediate termination.

18.

TERM AND TERMINATION

18.1

Initial Term

The Agreement shall commence on the Agreement Commencement Date and shall continue in full force
and effect up through 11 :59p.m. June 30, 2019 ("Initial Term") unless otherwise terminated as provided
herein.

18.2

Renewal Term

The Agreement may be extended for three (3) additional one (!)year periods ("First Renewal Term"
"Second Renewal Tenn" as appropriate) as mutually agreed upon by the Parties in writing. IDOC shall
provide CenturyLink with not more than nine (9) months written notice of any exercised renewal option.
For purposes of the Agreement, the Initial Term and renewal terms, if any, are collectively referred to as
the "Term."

18.3

Termination Rights

This Agreement may be terminated for convenience as provided below.
(i)
During the Initial Term, IDOC may terminate the Agreement, without cause, upon
written notice to CenturyLink with such notice being issued not less than ninety (90) calendar
days' prior to end of the Initial Term.
(ii)
During any Renewal Term, IDOC may terminate the Agreement at any time, without
cause, upon not less than 90 calendar days' written notice to CenturyLink, specifying the date
of termination.
The Agreement may be terminated for cause as provided below.
(i)
The Agreement may be terminated immediately by IDOC if CenturyLink
(a) becomes insolvent or unable to pay its debts as they mature within the meaning of the
United States Bankruptcy Code or any successor statute; (b) makes an assigrnnent for the
benefit of its creditors; (c) files or has filed against it, voluntarily or involuntarily, a petition
under the United States Bankruptcy Code or any successor statute unless such petition is
stayed or discharged within ninety (90) calendar days; or (d) has a receiver appointed with
respect to all or substantially off of its assets.
(ii)
The Agreement may be terminated by IDOC upon thirty (30) calendar days' written
notice to CenturyLink if judicial interpretation of applicable federal or state laws, regulations,
or rules render fulfillment of the Agreement infeasible, impractical or impossible.
(iii)
The Agreement may be terminated upon thirty (30) calendar days' prior written
notice if one party fails to fulfill any material obligation on its part to be performed under the
Agreement, or is determined to be in breach of its representations or warranties in the
Agreement in any material respect. The breaching party shall have thirty (30) calendar days
to cure the breach to the reasonable satisfaction of the non-breaching party. Notwithstanding
the foregoing, there shall not be a breach within the meaning of this §19.3(v) ifthe breaching
party promptlycommences to cure such breach within the thirty (30) calendarday cure

39 I P a g e

period and thereafter diligently pursues such cure to completion; provided, however that the
total cure period shall not exceed sixty (60) calendar days.
If IDOC terminates the Agreement for default or breach, IDOC reserves the right to take any action it
may deem necessary including, without limitation:

(i)

Exercise any remedy provided by law or equity;

(ii)

Terminate any related contracts or portions thereof;

(iii)

Suspend CenturyLink from receiving future bid solicitations;

(iv)

Suspend CenturyLink's performance hereunder;

(v)

Withhold payment until the default is remedied;

(vi)

Offset of damages against payment due.

18.4

No Relief for Breach

The expiration or termination of the Agreement shall not relieve either party of any liability for a breach
of its obligations hereunder or for any misrepresentation or failure to comply with any provision or
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he:eif!_

_A~~~.' si.1~h 1:~·x:pir?ti0!! 0!' ti:'!!!:!in_8J-i0n Qh~l_l_ n_ot hP c1P.f';rnerl

:::i

W::llver of ::iny ::p;r::ril:::ihle

remedy for any such breach, misrepresentation or failure to comply.
19.

STANDARD TERMS AND CONDITIONS

19.1

C_j

Adequate Assurance of Future Performance

If IDOC has reasonable grounds to question CenturyLink's ability to perform the Agreement, IDOC may
demand adequate assurance from CenturyLink. CenturyLink shall respond within thirty (30) calendar
days of such demand.

19.2

Antidiscrimination/Equal Employment Opportunity Clause

Acceptance of this Agreement binds CenturyLink to the terms and conditions of Section 601, Title VI,
Civil Rights Act of 1964 in that "No person in the United States shall, on the grounds of race, color,
national origin, or sex, be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity receiving Federal financial assistance." In addition, "No
otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be
excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance" (Section 504 of the Rehabilitation Act of 1973).
Furthermore, for Agreements involving federal funds, the applicable provisions and requirements of
Executive Order 11246 as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance
Act of 1974, Section 701 of Title VII of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1967 (ADEA), 29 USC Sections 621, et seq., the Age Discrimination Act of 1975,
Title IX of the Education Amendments of 1972, U.S. Department of Interior regulations at 43 CFR Part
17, and the Americans with Disabilities Action of 1990, are also incorporated into this Agreement.
CenturyLink must include this provision in every subcontract to ensure that subcontractors and vendors
are bound by this provision.
19 .3

Assignment

No performance, service, or any interest herein shall be transferred by CenturyLink to any other party
without the prior, written approval of IDOC. Transfer of this Agreement without approval shall cause the
armulment of the agreement so transferred, at the option of IDOC. All rights of action, however, for any
breach ofthis Agreement are reserved to IDOC.

401Page

19.4

Attorney's Fees

In the event of a legal proceeding of any kind instituted under this Agreement or to obtain performance of
any kind under this Agreement, the prevailing party shall be entitled to recover reimbursement for
reasonable attorney's fees, court costs, costs of investigation, and other related expenses incurred in
connection herewith in addition to any other available remedies.

19.5

Audits and Remedial Action

On a monthly basis, the Contract Administrator will conduct a Contract Compliance Audit and provide a
subsequent report. Upon completion of such audit, IDOC shall provide written notice regarding areas of
partial compliance or non-compliance. CenturyLink must submit to IDOC a corrective action plan within
ten (10) calendar days of notification by IDOC. The corrective action plan shall include time frames and
action to be taken to achieve full compliance. The !DOC shall either agree to the corrective action plan as
proposed, or shall notify CenturyLink of those areas of the plan that are not acceptable. CenturyLink
must then submit changes to those areas considered to be not acceptable to IDOC within five (5) calendar
days from the date of such notification.
All corrective action items based upon an audit must be remedied by CenturyLink within thirty (30)
calendar days of approval of the corrective action plan by IDOC. If CenturyLink fails to address areas of
partial compliance or non-compliance based upon an audit, IDOC reserves the right to pursue Liquidated
Damages and remedies, up to and including termination for cause, as provided for in this Agreement and
as allowed by law or in equity. At any time during an audit process, IDOC reserves the right to cease its
efforts in working with CenturyLink on a corrective action plan, and issue written notice of
default/breach.

19.6

Changes/Modifications

Any changes or modification to this Agreement must be through written amendment to this Agreement as
issued through the Contract Administrator and signed by Authorized Representatives of the Parties to be
valid.

19.7

Confidential Information

Pursuant to this Agreement, CenturyLink may collect, or !DOC may disclose to CenturyLink, fmancial,
personnel, Inmate, or other information that IDOC regards as proprietaiy or confidential ("Confidential
Information"). CenturyLink specifically recognizes that certain data concerning criminal history
information and other such information is of a highly sensitive nature and classified as confidential
information by State and Federal law appropriate to the subject. CenturyLink, notwithstanding any other
provisions herein, agrees to maintain the confidentiality of any computerized or hard copy information
made available to it in the performance of the Agreement. Confidential Information shall belong solely to
IDOC. CenturyLink shall use such Confidential Information only in the performance of its services under
this Agreement and shall not disclose Confidential Information to any third party, except with IDOC's
prior written consent or under a valid order of a court or govermnental agency of competent jurisdiction
and then only upon timely notice to !DOC. The IDOC may require that CenturyLink's officers,
employees, agents or subcontractors agree in writing to the obligations contained in this section.
Confidential Information shall be returned to IDOC upon termination of this Agreement. The
confidentiality obligation contained in this section shall survive termination of this Agreement.
Confidential Information shall not include data or information that:
(i)
Is or was i11 tl1e possession of CenturyLink before being furnished by IDOC,
provided that such information or other data is not known by CenturyLink to be subject to
another confidentiality agreement with or other obligation of secrecy to IDOC or State of
Idaho;

411Page

(ii)
Becomes generally available to the public other than as a result of disclosure by
CenturyLink; or
(iii)
Becomes available to CenturyLink on a non-confidential basis from a source other
than !DOC, provided that such source is not known by CenturyLink to be subject to a
confidentiality agreement with or other obligation of secrecy to !DOC.
19.8

Control of Claims

In the event that CenturyLink indemnifies !DOC for a third party ciaim against IDOC, CenturyLink may
not take control of the defense of any claim against !DOC without IDOC's written consent. If
CenturyLink promptly and reasonably investigates and defends any third party claim, it shall have control
over the defense and settlement of it, subject to the approval and written consent of the Idaho Attorney
General, provided that when substantial principles of government or public law are involved, when
litigation might create precedent affecting future !DOC operations or liability, or when involvement of
!DOC is otherwise mandated by law, !DOC may participate in such action at its own expense with respect
to attorneys' fees and costs but not liability.
19.9

Counterparts and Imaging

which taken together shall constitute one and the same instrument. Provider acknowledges that !DOC
may maintain a copy of these documents in electronic form and agrees that a copy reproduced from such
an electronic copy or by any other reliable means (e.g. photocopy, image or facsimile) shall in all respects
be considered equivalent to the original.
19.10 End of Contract Transition
Upon notice to either party that the Agreement will be terminated or not renewed, CenturyLink will
continue to provide quality services through the date of termination or expiration in a professional and
workmanlike manner and will continue to provide and support all Base Services and Additional Features,
if any, up through the date of termination or expiration, consistent with the level of service and support
afforded !DOC during the prior twenty-four (24) month period. CenturyLink will cooperate with IDOC
and any replacement vendor to ensure a smooth and timely transition.
(i)
Stored Information Transition. Stored Information is the property of !DOC and
IDOC retains full ownership of same. Stored Information shall be managed as an information
asset throughout the Term and transferred in a readily usable format to any replacement
vendor identified by !DOC or to IDOC upon termination or expiration of this Agreement.
All Stored Information will be provided to any replacement vendor or !DOC without charge.
(ii)
Removal of Equipment. CenturyLink agrees that at the expiration or termination of
this Agreement, it shall cause to be removed its equipment (e.g. phones, kiosks, servers) in a
professional and workmanlike manner such that wiring and cabling referred to in §4(a) may
be reused by any replacement vendor. Any damage to the Facility caused by Service
Personnel or equipment shall be promptly repaired by CenturyLink, at its sole cost and
expense, to the reasonable satisfaction of !DOC.
19.11 Entire Agreement
This Agreement, and any and all exhibits or attachments, constitute the entire agreement between the
Parties with respect to the subject matter hereof.
19.12 Force Majenre
Neither party shall be liable or deemed to be in default for any Force Majeure delay in shipment of
necessary equipment or performance herennder occasioned by unforeseeable canses beyond the control
and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public
42 IP a g c

enemy, fires, floods, epidemics, quarantine, restrictions, strikes or riots, freight embargoes, or unusually
severe weather, provided that in all cases CenturyLink shall promptly notify IDOC Agreement
Administrator in writing of any cause for delay and IDOC concurs that the delay was beyond the control
and without the fault or negligence of CenturyLink. Matters of CenturyLink's or its Subcontractor's
finances shall not be considered an event of Force Majeure.
Neither contract disputes with
Subcontractor's nor termination of any subcontracts shall constitute and event of Force Majeure.

19.13 Governing Law and Severability
This Agreement shall be construed in accordance with and governed by the laws of the State of Idaho.
Any action to enforce the provisions of this Agreement shall be brought in State district court in Ada
County, Boise, Idaho. In the event any Term of this Agreement is held to be invalid or unenforceable by
a court, the remaining terms of this Agreement will remain in force. The failure of any party, at any time,
to enforce a provision of this Agreement shall in no way constitute a waiver of that provision, nor in any
way effect the validity of this Agreement, any part hereof, or the right of such party to enforce each and
every provision hereof.

19.14 Hazardous Materials
CenturyLink shall not place, hold or dispose of any hazardous materials on, under or at any Facility.
CenturyLink shall have its own plan for the storage, use, retention and disposal of all such allowable
materials, consistent with applicable laws, rules and regulations. CenturyLink shall not cause or allow
any asbestos to be incorporated into any improvements or alterations made to the Facility in relation to
the proposed Technology Solution. For purposes of the Agreement, "hazardous materials" means and
includes any hazardous substance or any pollutant or contaminant defined or referenced in the
Comprehensive Enviromnental Response, Compensation and Liability Act, the Toxic Substances Control
Act, or any other federal, state or local statute, law, act, ordinance, code, rule, regulation, order, or decree
relating to any hazardous, toxic, or dangerous waste, substance or material.

19.15 Headings
Titles or section headings of the various provisions ofthis Agreement are intended solely for convenience
and ease of reference and shall not in any manner simplify, limit, modify or otherwise be used in the
interpretation of such provisions.

19.16 IDOC Property and Ownership of Data
CenturyLink acknowledges and understands that all Stored Information recorded and maintained in the
normal course are the exclusive property of IDOC provided, however, that CenturyLink retains the right
to Stored Information to respond to legal requests, and to provide the services under the Agreement.
Notwithstanding the foregoing, absent a court order, subpoena or other legal ruling, CenturyLink will
refer all requests for copies of CDRs, call recordings or Stored Information recorded and maintained
hereunder to IDOC's Contract Administrator.

19.17 Insurance
Insurance coverage required under this Agreement shall be obtained from insurers rated A-VII or better in
the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho. For
worker's compensation insurance, CenturyLink shall provide either a certificate of worker's compensation
insurance issued by a surety or insurance carrier licensed to write worker's compensation insurance in the
state of Idaho or an extraterritorial certificate approved by the Idaho Industrial Commission from a state
that has a current reciprocity agreement with the Industrial Commission. CenturyLink shall be financially
responsible for all deductibles, self-insured retention's and/or self-insurance included hereunder. The
coverage provided by such policy shall be primary to any coverage of IDOC on or related to this
Agreement and shall provide that the insurance afforded applies separately to each insured against whom
a claim is made, except with respect to the limitation of liability. All policies shall contain waivers of
43 IP "g e

subrogation. CenturyLink waives all rights against IDOC and its officers, employees, and agents for
recovery of damages to the extent these damages are covered by the required policies. Policies may
contain deductibles but such deductibles shall not be deducted from any damages due to IDOC.
(i)
Commercial General Liability Insurance with Bodily Injury Liability and Property
Damage Liability Combined Single Limit: five million dollars ($5,000,000.00) per
occurrence and one million dollars (1,000,000.00) per person.
(ii)
Employer's Liability Insurance: five million doll"rs ($5,000,000.00) per occurrence
and one million dollars (1,000,000.00) per person.
(iii)
Commercial Automobile Liability: Combined Bodily Injury and Property Damage
Single Limit: five million dollars ($5,000,000.00) combined single limit for each occurrence
and one million dollars (1,000,000.00) per person.
(iv)
Workers Compensation: CenturyLink shall comply with all Workers Compensation
requirements in the State of!daho.
The CGL and Automobile Liability insurance coverages required shall include IDOC as additional
insureds.
tiy reqmring insurance herein, iDOC does not represem 1hm coverage and iirrnls shaii neceosanly be
adequate to protect CenturyLiiik and such coverage and limits shall not be deemed as a limitation on any
of the indemnities granted to IDOC in this Agreement.
19.18 Intellectual Property Representations, Warranties and Indemnification

To the extent CenturyLink utilizes or relies upon the Intellectual Property Rights of a third party in
fulfilling its obligations under this Agreement, Contractor shall provide IDOC with whatever assurance
IDOC deems necessary that the use of such third party Intellectual Property Rights is permissible.
CenturyLink represents and warrants that IDOC and its Inmates may, under CenturyLink's contract with
any Subcontractor or other third party, use any software or equipment provided as part of the Technology
Solution. In addition, in the event of failure to perform or breach of this Agreement, CenturyLink shall
ensure continued right of use of licensed intellectual property by IDOC.
CenturyLink shall defend, indemnify and hold harmless IDOC and its officers, agents, and employees
("Indemnified Party") from and against claims, damages or causes of action including without limitation,
claims against an Indemnified Party by a third party, reasonable attorneys' fees, and related costs arising
out of the claim that the deliverable or its use, infringes a patent, copyright, or other proprietary right, or
misappropriates a trade secret ("Intellectual Property Claim").
With respect to claims arising from computer hardware or software manufactured by a third party and
sold by CenturyLink as a reseller, CenturyLink will pass through to IDOC such indemnity rights as it
receives from such third party ("Third Party Obligation") and will cooperate in enforcing them; provided
that if the third party manufacturer fails to honor the Third Party Obligation, CenturyLink will provide
IDOC with indemnity protection equal to that called for by the Third Party Obligation.
CenturyLink's obligations under this section shall not extend to any combination of the deliverable with
any other product, system or method, unless it would be reasonably expected to use the deliverable in
combination with such product, system 01: method, or the deliverable, system or method is: (i) provided
by CenturyLink or CenturyLink's subsidiaries or affiliates; (ii) specified by CenturyLiiik to work with the
deliverable; or (iii) reasonably required, in order to use the deliverable in its intended manner, and the
infringement could not have been avoided by substituting another reasonably available product, system or
method capable of performing the same function.
The Indemnified Party shall notify CenturyLink within a reasonable time after receiving notice of an
Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice,
44ll'oge

CenturyLink shall not be relieved from its obligations unless CenturyLink can demonstrate that it was
prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to
CenturyLink.
If CenturyLink promptly and reasonably investigates and defends any Intellectual Property Claim, it shall
have control over the defense and settlement of it, subject to the approval and written consent of the Idaho
Attorney General, provided that when substantial principles of government or public law are involved,
when litigation might create precedent affecting future State operations or liability, or when involvement
of IDOC is otherwise mandated by law, IDOC may participate in such action at its own expense with
respect to attorneys' fees and costs but not liability.

The Indemnified Party must consent in writing for any money damages or obligations for which it may be
responsible. The Indemnified Party shall furnish, at CenturyLink's reasonable request and expense,
information and assistance necessary for such defense. If CenturyLink fails to vigorously pursue the
defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or
settlement of it and CenturyLink shall be liable for all costs and expenses, including reasonable attorneys'
fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim.
Should the Technology Solution or the operation thereof, become, or in CenturyLink's opinion are likely
to become, the subject of a claim of infringement or violation of an Intellectual Property Claim, IDOC
shall permit CenturyLink at its option and expense either to procure for IDOC the right to continue nsing
the Technology Solution, or to replace or modify the same so that they become non-infringing. If none of
these options can reasonably be taken, or if the use of such Technology Solution by IDOC shall be
prevented by injunction, CenturyLink agrees to take back such infringing element( s) and make every
reasonable effort to assist IDOC in procuring substitute elements. If, in the sole opinion of IDOC, the
return of such infringing elements makes the retention of the Technology Solution acquired from
CenturyLink under this Agreement impractical, IDOC shall then have the option of terminating such
Agreement, or applicable portions thereof, without penalty or termination charge. CenturyLink agrees
remove the Technology Solution, excluding wiring, cabling and infrastructure.

19.19 Intent to Supersede
This Agreement is intended to supersede any and all existing agreements between CenturyLink and
IDOC, if any, for the services described herein; however, this Agreement is not intended to supersede
liabilities arising under any indenmification requirement of any prior agreements or any payment
obligations from one party to the other.

19.20 Interpretation
Article, section, clause, schedule, exhibit, preamble, recital and party references in this Agreement, if any,
are to this Agreement only unless otherwise specifically noted.

19.21 No Waiver of Sovereign Immunity
In no event shall this Agreement or any act by IDOC, be a waiver of any form of defense or immunity,
whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to
the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. If
a claim must be brought in a federal forum, then it must be brought and adjudicated solely and
exclusively within the United States District Court for the District of Idaho. This section applies to a
claim brought against the State only to the extent Congress has appropriately abrogated the state's
sovereign immunity and is not consent by the State to be sued in federal court, or a waiver of any forn1 of
immunity, including but not limited to sovereign immunity and immunity based on the Eleventh
Amendment to the Constitution of the United States.

45

IP age

19.22 Official, Agent, and Employees of the State not Personally Liable
In no event shall any official, officer, employee or agent of !DOC be in any way personally liable or
responsible for any covenant or agreement herein contained whether expressed or implied, nor for any
statement, representation or warranty made herein or in any connection with this Agreement.
19.23 Public Records
Pursuant to Idaho Code Section 9-337, et seq., information or documents received from CenturyLink is
open to pubiic inspection and copying unless exempt from disclosure. CenturyLink shali cieariy
designate individual documents as "exempt" on each page of such documents and shall indicate the basis
for such exemption. !DOC will not accept the marking of an entire document as exempt. fu addition,
!DOC will not accept a legend or statement on one (1) page that all, or substantially all, of the document
is exempt from disclosure. CenturyLink shall indemnify and defend !DOC against all liability, claims,
damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or
for CenturyLink's failure to designate individual documents as exempt. CenturyLink's failure to
designate as exempt any document or portion of a document that is released by !DOC shall constitute a
complete waiver of any and all claims for damages caused by any such release. If !DOC receives a
request for materials claimed exempt by CenturyLink, CenturyLink shall provide the legal defense for
~,.~l~ ~1~~~
' " " ' ' ' '•!<\!.!•·

19.24 Relationship of Parties
It is distinctly and particularly understood and agreed between the Parties hereto that !DOC is in no way

associated or otherwise connected with the performance of any service under this Agreement on the part
of CenturyLink or with the employment of labor or the incurring of expenses by CenturyLink.
CenturyLink is an independent contractor in the performance of each and every part of this Agreement,
and solely and personally liable for all labor, taxes, insurance, required bonding and other expenses,
except as specifically stated herein, and for any and all damages in connection with the operation of this
Agreement, whether it may be for personal injuries or damages of any other kind. CenturyLink shall
exonerate, defend, indemnify and hold !DOC harmless from and against and assume full responsibility for
payment of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security, workman's compensation and income tax laws with respect to CenturyLink or
CenturyLink's employees engaged in performance under this Agreement. The State of Idaho and !DOC
do not assume liability as an employer.
19.25 Safety
CenturyLink shall be familiar with and shall ensure that all Service Personnel who do any work related to
the Technology Solution or provide any services hereunder are familiar with and at all times operate
within the guidelines set forth by OSHA and will perform all services in a professional and workmanlike
manner.
19.26 Save Harmless
CenturyLink shall exonerate, indemnify, defend, and hold harmless !DOC and IDOC's board members,
officers, agents, and employees from and against any and all lawsuits, claims, or legal causes of action of
any type arising from or in any manner connected with CenturyLink's performance (or failure to perform)
under this Agreement. The right to indemnification shall be in addition to, and not in lieu of, any remedy
otherwise available to !DOC. Any indemnification obligation is not diminished or limited in any way by
the total limits of insurance required to be held by CenturyLink. fudemnification of !DOC shall not be
construed to deny the State any of the benefits of any law that limits exposure to liability or damages and
!DOC does not waive any immunity or limitation on liability otherwise extended by law.

46IPnge

19.27 Subcontracting
Except for those Subcontractor's set forth in §33, CenturyLink shall not, without written prior approval
from IDOC, enter into any subcontract relating to the performance of this Agreement or any part thereof.
Approval by IDOC of CenturyLink's request to subcontract or acceptance of or payment for
subcontracted work shall not in any way relieve CenturyLink of any responsibility under this Agreement.
The terms of such an agreement with a Subcontractor must comply with the terms of this Agreement,
including but not limited to all insurance, licensing and indemnification requirements. CenturyLink shall
be and remain liable for all damages to IDOC caused by negligent performance or non-performance of
work under the Agreement by any Subcontractor or its sub-Subcontractor.

19.28 Survival
All covenants, conditions and indemnifications contained herein that may involve performance
subsequent to any termination ofthis Agreement, or which cannot be ascertained or fully performed until
after termination of this Agreement shall survive.

19.29 Taxes
IDOC is generally exempt from payment of state sales and use taxes and from personal property tax for
property purchased for its use. The State of Idaho is generally exempt from payment of federal excise tax
under a permanent authority from the District Director of the Internal Revenue Service (Chapter 32
Internal Revenue Code [No. 82-73-0019K]). Exemption certificates will be furnished as required upon
written request by CenturyLink. If CenturyLink is required to pay any taxes incurred as a result of doing
business with IDOC, it shall be solely and absolutely responsible for the payment of those taxes.

19.30 Time is of the Essence
Time is of the essence to this Agreement; therefore, all times for performance stated herein or as
reasonably requested by IDOC will be strictly followed by the Parties.

19.31 Tobacco Free Environment
IDOC operates tobacco and smoke free Facilities. CenturyLink will ensure that all Service Personnel
who work in connection with the Technology Solution do not bring in or utilize tobacco products of any
kind while on site. Electronic cigarettes, vapor products and other such similar devices are also
prohibited.

19.32 Use of the State Ofldabo or IDOC Name
CenturyLink shall not, prior to, in the course of, or after performance under this Agreement, use the
State's name or IDOC in any advertising or promotional media, including press releases, as a customer or
client ofCenturyLinkwithout the prior written consent of the State or IDOC.

19.33 Warranties
CenturyLink warrants that its performance shall be in accordance with sound professional standards and
workmanlike manner and in accordance with the requirements of this Agreement including but not
limited to compliance with the applicable federal, state, and local laws. CenturyLink further warrants
and represents that: (i) CenturyLink has the right to enter into the contract; (ii) CenturyLink has not
entered into any other contracts or employment relationships that restrict CenturyLink's ability to pe1form
the contemplated services herein; (iii) CenturyLink shall observe and abide by all applicable laws, rules
and policies, including those of IDOC pertaining to IDOC's Facilities; and (iv) CenturyLink has good and
marketable title or legal right to use any property to be used under this Agreement.
CenturyLink warrants that all material and workmanship shall be free from defects at the time of
acceptance. All hardware and operating software and CenturyLink-provided software is warranted to

471Pagc

conform to the functional specifications provided by CenturyLink for the entire Term of this Agreement.
CenturyLink shall act as IDOC's single point of contact for all hardware and software warranty issues.
Each Party represents and warrants to the other party it has the authority to enter into this Agreement,
thereby creating a contract legally binding upon it, and to authorize the installation and operation of
equipment at Facilities. The representative executing this Agreement on behalf of each party is
empowered to do so and thereby binds his, her, or its respective party. CenturyLink further represents
and warrants that it is licensed to do business in the State of Idaho, and has satisfied all requirements of
the Idaho Public Utility Commission ofldaho and the Federal Communications Commission.
CenturyLink represents and warrants that it has the necessary and requisite skill to perform the work
required under this Agreement and warrants that the personnel assigned by CenturyLink to perform all
work, services and performance requirements hereunder will be fully qualified to perform such.

THE BALANCE OF TIDS PAGE WAS INTENTIONALLY LEFT BLANK

48 IP age

IN WITNESS WHEREOF, the Parties have executed this Agreement by their respective duly
Authorized Representative.

CenturyLink Public Communications, Inc.

'(--YG-~

By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

->(1> /~ 11

Date: _ _ _ _ _ _ _ _ _ _ __

Paul N. Cooper, General Manager

THE STATE OF IDAHO
Idaho Department of Correction

Date:

1 /(.,_,/ }(, (

THE STATE OF IDAHO
Idaho Department of Correction

49 IP age

APPENDIX A - DEFINITIONS

2417/365 - Twenty-four (24) hours a day, seven (7) days a week, and 365 days a year (including the 366th
day in a leap year).
Authorized Representative - Any person or entity duly authorized and designated in writing to act for and
on behalf of a party to the Agreement, which designation has been furnished to all the Parties herein.
Corrections Integrated Systems (CIS) - Computer databases used for the tracking of Inmates and Inmate
information by !DOC. CIS consists of pertinent information for every Inmate housed in !DOC facilittes
including but not limited to arrest history, housing and movement information, alerts, trust account
balances, hot sheets and other similar information.
Down Time - The time when, for reasons of hardware or software failure, the Technology Solution is not
fully operational or is not meeting the perfonnance requirements.
Facility(ies) - Those prisons, work camps and community work centers set forth in Appendix B, attached
hereto and incorporated herein.
Final Project Plan - A document developed by CentnryLink that sets forth the various elements, timelines
and needs of each Facility necessary to obtain a fully functional Technology Solution and will include
those elements more thoronghty described in ill 0. i.
ICS module -the inmate phone call module as part of the overall Technology Solution which supports
ontbonnd telephonic communication for local, in-state, out-of-state and international calls to nonrestricted numbers.
IDOC End-nsers - !DOC staff members who utilize the Technology Solution, based on nser profile, to
obtain information, conduct investigations, assist Inmates, and generate reports.
Indigent Inmate - An incarcerated individual who has maintained a zero balance in his/her Inmate trust
account with !DOC and who has had no deposits for thirty (30) consecutive days.
Intellectual Property Rights - Those rights arising from and out of copyright, trademark, trade dress, trade
secret, or patent, whether based upon the laws of the State of Idaho, the United States, or one or more
foreign countries.
IVS module -the inmate voicemail module as part of the overall Technology Solution which supports
voicemail communication between Inmates and the outside world.
Operating Platform -Any and all of CenturyLink's equipment, hardware, firmware, software and
functionality which is designed, developed and deployed to provide the technology, services, features,
functionality, enhancements or applications discussed herein.
OSHA - Occupational Safety and Health Administration.
Prison Rape Elimination Act (PREA) -Public Law No: 108-79 as published in 28 CRF Part 115.
Reflections - Computer database used to manage, among other things, Inmate trust accounts.
Service Commencement Date - October 1, 2014
Service Personnel - Any and all employees, workers, personnel, agents, individuals and Subcontractors
who, at the direction of CenturyLink, provide any services related to or associated with the Technology
Solution.
SOP (Standard Operating Procedure) - An IDOC written document that establishes process or policy
guidance in a given area.
Stored Information - Any and all data, information, call details, and all records and media, regardless of
its source of origination or medium, financial transactions and all other information, confidential or

so I P a g c

otherwise, however obtained, maintained, recorded, retained, stored or archived through the Technology
Solution and which is owned by and property ofIDOC.
Subcontractor - Any third party who, at the direction of CenturyLink, provides software, services and/or
supplies to accomplish some of the requirements of the Agree~ent.
Up Time - The time during testing-acceptance period when the Technology Solution is fully operational
and functioning normally.
VVS module - if implemented as an Additional Feature, VVS module is the video visitation I
conferencing solution module that is part of the overall Technology Solution which supports off-site,
remote video visitation and video conferencing.

5llPage

'l
l

l

APPENDIX B - FACILITIES

Prisons:

1)

Idaho Correctional Institution-Orofino (ICI-0), 381 West Hospital Drive, Orofino, Idaho

2)

North Idaho Correctional Institution-Cottonwood (NICI), 236 Radar Road, Cottonwood, Idaho

3)

Idaho Maximum Security Institution (IMSI), 13400 S. Pleasant Vailey Road, Kuna, Idaho

4)

Idaho State Correctional Institution (ISCI), 13500 S. Pleasant Valley Road, Kuna, Idaho

5)

South Idaho Correctional Institution (SICI), 13900 S. Pleasant Valley Road, Boise, Idaho

6)

South Boise Women's Correctional Center (SBWCC), 13200 S. Pleasant Valley Road, Kuna, Idaho

7)

Pocatello Womeu's Correctional Center (PWCC), 1451 Fore Road, Pocatello, Idaho

8)

Idaho State Correctional Center (ISCC), 14601 S. Pleasant Valley Road, Kuna, Idaho (IDOC
assumes operational control on July 1, 2014)

9\

So int Anthony Work r"m!' !SA WC:\ 1 ?.'i N Rth We,<t S"int Anthonv Trl"ho

Community Work Centers:

10)

Nampa Community Work Center (N-CWC), 1640 11th Ave. North, Nampa, Idaho

11)

South Idaho Correctional Institution Community Work Center (SICI-CWC), 14195 S. Pleasant
Valley Road, Boise, Idaho

12)

Idaho Falls Community Work Center (IF-CWC), 3955 Bombardier Ave., Idaho Falls, Idaho

13)

East Boise Community Work Center (EB-CWC), 2366 Old Penitentiary Road, Boise, Idaho

3rd Party Privately Operated Facilities (included):

14)

Correctional Alternative Placement Program (CAPP), 15505 S. Pleasant Valley Road, Kuna, Idaho

52 j P a g e

APPENDIX C - REPORTS

Report Description: Service Level Report
Report Format: Excel or other mutually acceptable, searchable format
Report Due: Monthly
Requirements:
CenturyLink shall maintain in Excel or other mutually acceptable and searchable
format, documentation of Priority Level One, Priority Level Two and Chronic Failures and services
provided. Such report shall contain, at a minimum:

1.

the type of service call requested;

11.

the date I time received;

m.

the date I time CenturyLink's technician(s) responded;

1v.

the type of response (remote, on-site or both)

v.

the type of repair or problem found; and

v1.

when the repair or problem was corrected.

By the 15'" of each month, CenturyLink shall email the monthly Service Level Report to the Contract
Administrator for the prior month.

Report Description: Concern Forms I Grievance Log
Report Format: Excel or other mutually acceptable, searchable format
Report Due: Monthly
Requirements:
CenturyLink shall maintain auditable records documenting each concern form or
grievance received and responded to and shall include at a minimum:

1.

the name (first and last) and IDOC Inmate number;

ii.

the date I time received;

m.

generalized recap of the issue

1v.

CenturyLink's response; and

v.

the date returned to the Inmate

By the 15 1" of each month, CenturyLink shall email the Monthly Concern I Grievance Log to the Contract
Administrator for the prior month.

53 IP age

Report Description: Refunds
Report Format: Excel
Report Dne: Monthly
Requirements: CenturyLink shall maintain auditable records documenting each refund requested and
the final disposition of that request.

For Inmate refunds, such
i.

11.
111.

1v.

0

report shall contain, at

8

minimum:

the name (first and last) and IDOC Inmate number;
the amount of the refund;
the date the refund was issued; and
the reason for the refund (using the table below)

For family and friend refunds, such a report shall contain, at a minimum:
i.

11.
111.
v.

the name of the individual
the service, functionality, feature or enhancement utilized
the amount of the refund;
the reason for the refund (using the table below)

CentmyLink shall provide a summary report for refunds utilizing the following refund reason categories:
•
•
•
•
•
•
•
•

customer relations refund
3rd party provider dropped call
Parties on line but unable to communicate
hardware issue (bad handset etc)
no contact I connection (but charged)
poor call quality (static, cross talk etc)
Technology Solution drop I Technology Solution failure
other (details required)

By the 15"' of each month, CenturyLink shall email the monthly Refund Report to the Contract
Administrator for the prior month.

Report Description: Inactivity Report
Report Format: Excel
Report Due: Monthly
Requirements: By the IS'" of each month, CenturyLink will provide the Contract Administrator with an
Excel spreadsheet showing all Inmates who have made no financial transactions for services, phone calls
or purchases within the prior thirty (30) day period. IDOC will review those accounts and advise
CenturyLink which accounts may be swept, if any. CentmyLink shall sweep designated accounts within
fifteen (15) days of its notice from IDOC and such funds shall be remitted to IDOC by check or through
ACD I Direct Deposit transfer as mutually agreed.
Report: Attorney Number Certification
Report Format: Letterhead
Report Due: Quarterly

54 I P a g e

Requirements: A letter signed by an authorized officer certifying that attorney numbers loaded in the
Technology Solution are up to date (based on the then-current Tucker's list) and are properly flagged as
'Privileged, Do Not Record.' Within thirty (30) days of the end of each quarter, CenturyLink shall email
the quarterly certification letter to the Contract Administrator for the prior quarter.

55 I P a g e

APPENDIX D - CERTIFICATE OF ACCEPTANCE

The Technology Solution has been installed, tested, approved and accepted. This Certificate of
Acceptance covers the following Facility(ies) and is effective as of the signature date noted below:

The following are outstanding items that constitute exceptions to acceptance, if any:

STATE OF IDAHO
Idaho Department of Correction

By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Date: _ _ _ _ _ _ _ _ __

Juliet McKay, Grants I Contracts Officer
Contract Services Bureau

56 IP a g e

EXHIBIT 1 - ICS PRICING
Phone Call Pricing for All Facilities

Call Type
Local
In-state
State-to-State
International

Pren aid
per minute
setup
fee
rate
$$$$-

$0.14
$0.14
$0.14
$0.80

Collect
set up
per minute
fee
rate
$0.14

$ $ $ -

$0.14
$0.14

n/a

n/a

Inmate Debit
(commissarv)
set up
per minute
fee
rate
$ $ $ -

$0.14
$0.14

-

$0.80

$

$0.14

57 IP age

EXHIBIT 2 - IVS PRICING

Service

Inmate Voicemail Pricing for All Facilities
Price
Unit

In-bound voicemail, family-toimnate

WhoPavs?

Family or friend leaving the
per voicen1ail left

$1.00

IY1essage as paid through a prepaid
collect account.

58 IP a g e

EXHIBIT 3 - DEDUCTIONS, FEES AND CHARGES
Only those fees and charges set forth below can be charged to any Inmate or any friend or family member
with whom the Inmate communicates.
Fees and Charges
T1vne /Fireauencv

Wh0 P avs.?

D escr1ption

A monnt

Account Funding Fee Convenience Fee

$6.95

per prepaid collect funding event
using telephone or internet services

friends and family

$2.49

Traditional collect only - per
monthly billing statement. Single
charge no matter how many calls
are received in any given month

friends and family

Account Funding
through 3rd parties
(Western Union)

5.50 (WU Swift Per funding event. These are
Pay)
negotiated rates with WU and are
$9.95 (WU Quick passed through with no
CenturyLink upcharge.
Collect)

friends and family

Government-Mandatory
Taxes and Fees

Charged to
customer as passthrough only

friends and family

Bill Statement Fee

Per call as applicable

SUMMARY OF FEES AND POLICIES CJ
CenturyLink's fees are meant to offset certain costs of billing, not create unreported profits. CenturyLink
commits to not charging for:
•

"Regulatory Cost Recovery" surcharges, which are actually not required by regulation

•

Account administration fees

•

Per-call "enhanced billing program" (e.g. text collect, pay now) fees

•

Any fees not allowed by law or regulation

•

Any fees not explicitly stated in the Agreement

59 IP a g e

Attachment 1 - Escalation Plan
Complementary to §15.3 and SOP 147.06.06.001, the following table sets forth the contact tree and
escalation plan the parties will follow. The severity level can trigger an escalation. This happens by a
TSC report, by one of the systems monitoring the Technology Solution or through the Contract
Administrator. Escalations can also be triggered by lower severity levels remaining in that state past the
pre-determined threshold.
Following are the hasic criteria for escalation at each level:
Priority Level 1 - Critical Failures (Pl) - Issues are escalated to CenturyLink's VP Technology
level immediately. Status updates are provided to that level hourly with corresponding updates to
the Contract Administrator.
Priority Level 2 - Localized Failures (P2) - Issues that are not solved within the standard four
or six hour timeframes are escalated to Pl. P2 issues that are not solved within the timeframe
allowed are escalated to the VP Technology Level. This level will be provided with status
updates daily with corresponding updates to the Contract Administrator.
Priority Level 3 - Routine Repairs I Maintenance (P3) - Issues that are not solved within the
st~~d2rd '.?.~- hal!r ti!!lef!'~me ~!'e 2ut0rr._2Hi::21ly es~~lated t0 P2. P3 iss~1i:-s th9,t ~!'e ~0+ s0!-veCI
within 24 hours are escalated to the VP Technology level. The VP Technology will receive status
updates daily with corresponding updates the Contract Administrator.
For!DOC:
The primary contact will be the Contract Administrator Monday through Friday during business hours.
For after-hours Pl events, the contact will be the on-duty officer at the Facility.
Name & Position

Contact Info

Juliet McKay,
Contract
Administrator

j n1cka :'ll u ·' i doc .iclaho. gov;
208/658-2176

Kim Frashier,
Business Support
Manager

kfrashi er(l_{ idoc. idaho. gov:
208/658-2127

Pat Donaldson,
Chief Management
Services

Pdonaldson(ai icloc. idaho. gov;
208/658-2108

Shirley Audens,
Fiscal, Offender
Accounts
Lisa Robinson, Sr.,
Database Analyst
Michele Tomlinson,
IT Applications
Manager
Randy Turner,
Operations Manager
John Rigby, IT
Manager, Sr.

1

Area of Responsibility
Implementation/transition; contract compliance; all
services; escalates issues in accordance with IDOC
SOP 147.06.06.001 and applicable Contract
Oversight Manual
Implementation/transition; contract compliance; all
services; escalates issues in accordance with IDOC
SOP 147.06.06.001 and applicable Contract
Oversight Manual
Implementation/transition; contract compliance; all
services; escalates issues in accordance with IDOC
SOP 147.06.06.001 and applicable Contract
Oversight Manual

sa udens(lilidoc. idaho. gov;
208/658-2004

Inmate trust accounts; ADP Fee payments;
accounting reconciliations

lrobinson(ividoc.idaho.gov;
208/658-2085

Database management for CJS and Reflections

Mtominlson(cuidoc.idaho.gov;
208/658-2076

Information Technology; integration; system
support

Rturner(fYidoc. ida ho. gov~
208/658-2082
jrizbvClUidoc. idaho. gov·
208-658-2087

Information Technology; integration; system
support
Information Technology; integration; system
support

601Pagc

For CenturyLink
Name & Position

Contact Info

TBD, IDOC On-Site
Rep

Debra Lambe,
Program Manager

Debra.d.lambe@centurylink.c
om
702/244-6762

Barry Brinker,
Director, Operations

Barry. e. brinker@centurylink. c
om
503/990-6466

Darryl Lynn,
National Sales
Director

Darryl.w.lynn@centurylink.co
m
913/345-6343

Paul Cooper,
Director and General
Manager

Paul.n.cooper@centurylink.co
m
913/345-6002

Area of Responsibility

Day to day operations and services; Facility support,
services and repairs;
Notifies personnel and supervisors of strategy for
problem resolution.
Keeps the DOC and management involved in
progress of problem resolution. Escalates as
necessary.
Responsible for seeing problem through to
resolution.
Contacts Manager -Operations within eight hours of
missed performance standard.
Operations Director resolves trouble/issue or
escalates further if necessary.
Contacts additional resources (CenturyLink,
Vendors, LECs, IXCs, etc.) as necessary.
Keeps the DOC informed of ongoing activities
involving problem resolution.
Contacts Director - General Manager within 24
hours if issue is not resolved
Keeps the agency informed of ongoing activities
involving problem resolution.
Contacts General Manager within 24 hours if issue is
not resolved
Escalates further as necessary

611Page

Attachment 2 - IDOC End-User Training Parameters
CentnryLink recognizes that different user groups will sometimes have different training needs and agrees
that classes and training sessions offered will be customized to fit the participants and their assigned user
roles. Training sessions shall include appropriate written materials and take-home instruction sheets I
guides and all training and related materials shall be provided as requested throughout the Term at no cost
to !DOC.
1.

Phase l -

P~e

Cntover Wehinar - 30 Days Before Install

Each identified !DOC End-user will receive a printable copy of CenturyLink's user guide via email in
PDF format. Online training ("Webinar") will be provided in several sessions to all participants
beginning one month prior to the cutover of !DOC. There is no maximum number of attendees for
Webinar training and CenturyLink will schedule as many sessions as needed based on the role of the user.
Each participant must have access to a personal computer, workstation, or laptop with access to the
Internet. The online class ("Webinar") will serve as a presentation of the Base Services and preparation
for the cutover process. The goal of Phase 1 Training is an introduction and high level overview of the
Base Services offered. These sessions typically last 30-45 minutes. Participants will be able to ask
questions during the training session.

2.

Phase 2 - Formal Training - Two Weeks Before Install

Fonnal training will be provided to address in detail how to utilize the various features and functionality
of the Base Services to include managing hnnates, global numbers, monitoring, and the retrieval of call
recordings. These classroom training sessions will be offered at centralized training locations at the
discretion of !DOC. This will allow multiple users an opportunity to see the system details with live
data. The training will be conducted utilizing a laptop and projector and the training location must have
internet access. Scheduled sessions will be based on the number of users and the needs of !DOC and will
include as many sessions as is required in sites throughout the state. The goal of Phase 2 training is to
fully prepare !DOC personnel to utilize the Technology Solution and will typically last approximately one
hour depending on the user level. Participants will be able to ask questions during the training session.
3.

Phase 3 - Post Cutover Webinars/Follow Up Training

Follow up training will be provided no more than thirty (30) days after all platform cutovers have been
completed and users have had a chance to start using the Technology Solution. This training can be
conducted onsite or via webinar at IDOC's discretion. The training method and the locations will be
scheduled by !DOC. The goal of Phase 3 Training is to answer any questions the users may have after
working in the system. Phase 3 sessions typically lasts one hour depending on the needs of the users and
the questions they may have.
The standard training curriculum is detailed below.
customized for !DOC.
A.

This is a typical training agenda which can be

Day-to-Day System Administration

•
•
•

•
•

•
•

•
•
•

Logging In
User Access Control Settings
Record Search
Allowed Number/Party Administration
Inmate Editor Function
Create a new account
Alerts on hnnate Accounts
Disable Account
Search for Imnate Account
Print Account Information
62 IP age

•
B.

Investigative Functions
•
•
•
•
•
•
•
•

C.

Initiating a Call/Visit
Collect Call Process
Debit Call Process
PrePaid Collect

Service & Maintenance
•
•
•
•

E.

Monitoring
Call Disrupt Function
Recording
Recording Exempt Numbers/Parties
Setting Alerts (email, pager and phone)
Recording Search, Retrieval & Reporting
Recording Export to CD
Report Generation

Automated Calling/Visiting Process
•
•
•
•

D.

Interface functionality for phones and kiosk services

Receiving Trouble Reports
Information Gathering & Preliminary Trouble-shooting
Trouble Reporting Instructions
Email updates on trouble tickets

Reference Tools

•
•
•
•
•

Quick Reference Guide
User Guide
Report Synopsis
Inmate Information Pamphlets in English & Spanish
Support Center

In addition to IDOC staff training, CenturyLink shall provide training and information to IDOC Inmates
and their families and friends as needed throughout the Term.

1.

Inmate Population

Inmate training shall include but is not limited to:
• Placement of posters in day rooms and common areas as approved by IDOC
• New calling and kiosk usage procedures
• Account information for family members on things they need to do such as close out previous
phone accounts
• Placement ofleaflets at visitation for families
• Production of pamphlet for intake packet (if desired)

63 IP a g e

2.

Friends and Family

Information for friends and family is equally as important. Upon an inmate's first call to a number
following cutover, prepaid account holders are automatically routed to a live representative to initiate an
account set up and provide explanations relative to the transition and the new offerings available, prices
and services available. CenturyLink representatives are specially scripted to explain policies during
account setup, including providing information on how to close out accounts and receive refunds from the
previous provider. !DOC wiii provide information on its external website that corresponds with the
information provided by CenturyLink and will direct family and friends to CenturyLink's customer
service center.

64]Page

Attachment 3 - CenturyLink Refund Policy

Except as otherwise provided in §12.2, the following refund policy will apply to Inmates and friend and
family refunds as reviewed, authorized and processed by CenturyLink.
lnmate Refund Policy
Inmates can request refunds for calls placed through their debit account from the On-Site Rep or by filing
a concern form using the paperless inmate communications and grievance reporting portal, The
Communicator through the kiosk. The On-Site Rep will research the refund request by accessing call
detail records and recordings for that particular Inmate and determine whether a refund is warranted. For
dropped calls to landlines, CenturyLink will investigate and typically issue an adjustment (refund) to the
Inmate's debit account ifthe call is dropped due to an error or issue with the Technology Solution.
Called Party Refund Policy
Customers may contact CenturyLink's Customer Care Center toll free number 2417/365 to request a
refund. A live, bi-lingual customer service operator will be available to assist with prepaid account issues
any time of day. The customer service operator processes the refund in real time, and if the original
payment was made via debit or credit card, the refund will be applied back to that customer's credit or
debit card in real time. For dropped calls to landlines, CenturyLink will investigate and typically issue an
adjustment (refund) ifthe call is dropped due to our system.
Calls to Cell Phones
Upon account setup, we advise call recipient that CenturyLink will not be responsible for dropped voice
or video calls to cell phones. If a call to a cell phone is dropped and the call recipient contacts the
CenturyLink Customer Care Center, CenturyLink will investigate the incident to determine the cause of
the dropped call and refund any call which is dropped due to an error or issue with the Technology
Solution.
Video Visitation I VideoGram Refunds
Refunds will be given for dropped video visitants if the Technology Solution was not functioning
properly during the visit. Refunds are never given if either party does not show up or log in for the visit.

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