Exhibit 10.41
AG. Contract D.C. Contract
No: KR 96-2426 No: DC-PO-PRIV-96/97-6790
STATE OF ARIZONA
DEPARTMENT OF CORRECTIONS
0000 Xxxx Xxxxxxxxx
Xxxxxxx, Xxxxxxx 00000
AGREEMENT
PROVISION, OPERATION AND MANAGEMENT OF A
PRIVATE SECURE PRISON
This Agreement is entered into between Correctional Services
Corporation, hereinafter referred to as CSC and the Director of the Arizona
Department of Corrections, hereinafter known as the Department.
This document, including the General Provisions, Scope of Services, Special
Provisions, attachments, including any amendments or modifications, shall
constitute the entire Agreement between the parties and supersedes all other
understandings, oral or written.
IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this
Agreement.
CORRECTIONAL SERVICES CORPORATION ARIZONA DEPT. OF
CORRECTIONS
Signature of Authorize Individual Date
Xxxxx X. Xxxxxxxx
Typed Name
President, Chief Executive Officer
Typed Title
0000 Xxxx, Xxxxx 0000
Xxxxxxxx, Xxxxxxx 00000
Address
Signature
Typed Name
Typed Title
Additional Signatures as Applicable
Date
Xxxxxxx X. Xxxx
Typed Name
Xxxxxxx X. Xxxx
Typed Name
Deputy Director, Prison Operations
Typed Title
Approved as to form this 7th day of November, 1996.
XXXXX XXXXX
The Attorney General
By:
Assistant Attorney General
XXXX XXXXXXXXX
GOVERNOR
Arizona Department of Corrections
0000 XXXX XXXXXXXXX
XXXXXXX, XXXXXXX 00000
(000) 000-0000
December 18, 1996
Xxxxx X. Xxxxxxxx, President
Correctional Services Corporation
0000 Xxxx Xxxxxx, Xxxxx 0000
Xxxxxxxx, Xxxxxxx 00000
RE: Contract Document DC-PO-PRIV-96/97-6790
Dear Xx. Xxxxxxxx:
Enclosed for your signature are two copies of the referenced contract between
the Department of Corrections and Correctional Services Corporation.
In the interest of avoiding any delay in processing this contract, you are
requested to make no changes in the enclosed documents. Any unauthorized
alterations to the enclosed will necessitate reprocessing through the Attorney
General's office for a second review and approval. The attendant delay can be
avoided by discussing any concerns or questions with me at 542-3245.
Contract award is made at the time the contract is fully executed and, as such,
the Department shall not be liable for any expense incurred in conjunction with
this contract prior to your notification by a representative of the Department
that services have been authorized.
Once the signed document has been returned and the Xxxxxxxxxx sealed survey with
the table of equivalent bearing is received, per attached letter to Xxxxxxx Xxx,
the contract shall be forwarded internally for final Department signatures.
For your information, the required insurance documentation received from CSC has
been approved per the attached letter from the Department of Administration's
Risk Management office.
A Notice to Proceed shall be issued once the Department has received and
reviewed the construction documents identified in Article III and V of the
Agreement.
Please sign both copies of the transmitted documents and return them to this
office at the following address:
Department of Corrections
Contracts Administration, M/C 802
0000 Xxxx Xxxxxxxxx, 0xx Xxxxx
Xxxxxxx, Xxxxxxx 00000
Page 2
Xx. Xxxxxxxx
December 18, 1996
When the contract has been fully executed, a copy will be forwarded for your
files.
If you should have questions or concerns please direct communications to me or
Xxxxx Xxxxxxxx at (000) 000-0000.
Sincerely,
Xxxxxxx Xxxxxx, Assistant Contract Administrator
cc: Xxxx Xxxx, Assistant Director, Prison Operations, Support
Services Division Xxxx Xxxx, Manager, Privatization
Contracts, Support Services Division Xxxxxxx Xxx, Senior
Vice President, Correctional Services Corporation
Contract File
Chrono File
XXXX XXXXXXXXX
GOVERNOR
Arizona Department of Corrections
0000 XXXX XXXXXXXXX
XXXXXXX, XXXXXXX 00000
(000) 000-0000
December 18, 1996
Xxxxxxx X. Xxx, Senior Vice President
Correctional Services Corporation
0000 Xxxxx Xxxxx, Xxxxx 00
Xxxxxxx, Xxxxx 00000
Re: Request for Sealed Proposals (RFP) No. 6702
Agreement #DC-PO-PRIV-96/97-6790
Dear Xx. Xxx:
Xxxxxxx Xxxxxxx, Lead Project Director in the Departments Facility Activation
Bureau, has examined the two surveys of the 18 acre land parcel and has advised
that the following information needs to be provided.
The Xxxxxxxxxx Survey Company, Inc., sealed survey #96-03649 (A) dated December
1996, and the accompanying legal description also sealed, have been reviewed
against the unsealed Arrinaton Xxxxxxx Architects (AWA) survey. The area and
location described by both are identical. The major difference is that the
Xxxxxxxxxx survey is based on the G7SRM and was not adjusted or rotated to match
the Pinal County Coordinate System (north side of property to match the north
line of the southeast quarter of section 36). CSC needs to direct the Xxxxxxxxxx
Survey Company to add a table of equivalent bearings to the survey for each side
of the property comparing the bearings shown on the survey with the equivalent
rotated bearing to match the Pinal County Coordinate System. This survey must be
sealed and an explanation describing the need for the table of equivalent
bearing needs to be evident on the survey.
This will provide clarity with the deed when it is compared to the AWA DNA
Survey which will become part of the "Contract Documents" for the project as
such documents are defined in the
Fourteenth Edition of the AIA Document A201 - General Conditions for contracts
for construction.
Please ensure the Xxxxxxxxxx sealed survey to include the table of equivalent
bearings is forwarded to my attention by no later than Tuesday, December 24,
1996.
In addition, please note that in accordance with terms of the referenced
contract, CSC must provide the Department with the following documentation
before the Department will issue the Notice to Proceed once the contract is
executed:
Page 2
Letter - Xxxxxxx X. Xxx
December 18,-1996
Contract documents for the construction project between Xxxxxxxxx Xxxxxxx
Architects, Dominion Leasing, Inc., and CSC. . Such contract documents are
defined in the Fourteenth Edition of the AIA Document A201 - General Conditions
for contracts for
construction.
Should you have any questions or concerns, please direct communications to Xxxxx
Xxxxxxxx or me at (000) 000-0000.
Sincerely,
Xxxxxxx X. Xxxxxx
Assistant Contracts Administrator
cc: Xxxx Xxxxxx, Assistant -Director, Administrative
Services VIA Xxxxxx Xxxxxx, Administrator, Bureau of
Business & Finance
Xxxx Xxxxxxxxx, Contracts Administrator -
Xxxx Xxxx, Assistant Director, Support Services, Prison
Operations
Xxxx Xxxx, Manager, Privatization Contracts, Support
Services
Contract File
Chrono File
Xxxxx Xxxxxxxx, President, Chief Executive Officer
Correctional Services Corporation
0000 Xxxx, Xxxxx 0000
Xxxxxxxx, Xxxxxxx 00000
ARIZONA DEPARTMENT OF ADMINISTRATION
RISK MANAGEMENT SECTION
MEMORANDUM
DATE: November 1, 1996
TO: Xxxx Xxxxxxxxx, Contracts Administrator Department
of Corrections
FROM: Xxxx Xxxxxx, Insurance Analyst
SUBJECT: RFP 6702 Correctional Services Corp.
Xxxx, this is to confirm our conversation today. We have received acceptable
documentation and evidence of insurance coverage from the above contractor and
can confirm they comply with the RFP Attachment #7 at this time.
As we proceed we will want to monitor two areas:
1) They must provide Risk Management with acceptable certificates of insurance
for Professional Liability coverage for those positions which they intend to
out- source, and are excluded from the CSC program, specifically, surgeons and
lawyers;
2) They must comply with your guidelines to submit public financial information
on an interim basis, with compliance of the contract subject to an ongoing
approval of their financial condition.
Xxxx, I appreciate your patience and support of Risk
Management through this process
TABLE OF CONTENTS
ARTICLE 1. Definitions ................................................ l-5
ARTICLE II. Term of the Agreement
A. Requirements for the Agreement to be Effective........... 5
B. Term .....................................................5
C. Renewal Term Option...................................... 6
ARTICLE III. Governing Law/Policies and Procedures
A. Compliance with Law, Department Policies/Procedures,
RFP 6702, etc. ........................................ 6
B. Department's Option to Purchase........................ 7
C. Construction Parameters................................ 7
D. Submittal and Approval of CSC's Procedures............. 10
E. Responsibilities of Department Staff................... 11
F. Classification/Disciplinary Actions
Guidelines for CSC's Staff............................. 11
ARTICLE IV. Recruitment/Hiring/Staff Training
A. Recruitment/Hiring ...................................... 11
B. Staff Training........................................... 19
ARTICLE V. Provision, Operation & Management of the Secure Facility
A. Construction/Renovation and Operation ................... 24
B. Inmate Management Services............................... 28
ARTICLE VI. Payment Obligations & Procedures/Financial Reports
A. Requirements Governing All Cost Increases................ 39
B. Per Diem................................................. 39
C. Invoices and Records..................................... 39
D. Inmate Wages/Disbursements/A.R.S. 31-255................. 40
E. Requirements of A.R.S. 31-201.01......................... 42
F. Costs To Be Paid by CSC.................................. 43
G. Costs To Be Paid by the Department....................... 45
H. A.R.S. 41-1609.01 D...................................... 46
I. A.R.S. 41-1609.01 E...................................... 46
J. Financial Reports........................................ 46
ARTICLE VII. Department Monitoring/Performance Evaluation
A. Monitoring............................................... 46
B. Performance Evaluation................................... 48
ARTICLE VIII. Performance Bond/Insurance/Indemnification
A. Performance Bond......................................... 48
B. Plan of Insurance........................................ 49
C. Indemnification.......................................... 51
Table of Contents Continued ...
ARTICLE IX. Notices & Amendments
A. Notices............................................. 53
B. Amendments..........................................
1. Process.......................................... 54
2. Annual Cost Adjustments......................... 55
3. Other Cost Adjustments/Modifications............. 56
ARTICLE X. Default
A. Default of CSC............................................ 56
B. Remedies of the Department................................ 58
C. Default of the Department................................. 60
D. Remedies of CSC........................................... 60
ARTICLE XI. Force Majeure
A. Explanation............................................... 60
B. Remedies.................................................. 60
C. Exceptions................................................ 61
ARTICLE XII. Termination
A. Department Funding........................................ 61
B. Annual Performance Bond-CSC............................... 62
GENERAL PROVISIONS
ATTACHMENTS:
1 CSC Staffing, Pattern
2 Position Description Form
3 Subcontractors
4 Pre-Service Security Training
5 Pre-Service Non-Security Training, - Required and
Optional Courses
6 Inmate Time Sheet - Payment detail that accompanies
the CSC deposit to the Alcohol Abuse Treatment Fund
7 Monthly Per Diem Invoice Forms Monthly Report for
Inmate Health Care Services
8 Insurance Requirements
9 Definitions - Types of written instructions required
by the Department, i.e. Department Orders, Technical
Manuals, Institutional Orders and Post Orders. Cross
Reference Index
10 Per Diem and Sliding Scale
11 Suspension or Debarment Status or Certification
12 Fee Schedule and Budget Narrative Forms
13 Legal Description for Secure Prison Site
14 Negotiation Parameters for Purchase of Secure Prison
D.C. Contract SCOPE OF SERVICES
No: 6790 Page 1
Procurement Authority: Authority to Contract Authority to Contract
A.R.S. 41-2534 D. C: A. R. S. Contractor: Expiration Date: Three
41-1604 et. seq. years from date of
receipt of first inmate.
WITINESSETH
WHEREAS, Arizona Remised Statutes 41-1609 and 41-1609.01, as amended by the
forty-first Legislature of the State of Arizona, First Regular Session, 1993,
authorized the Department to enter into contracts with private enterprise for
the operation and management of secure prison beds, and
WHEREAS, the Department issued Request for Sealed Proposal (RFP) Number
6702 for the construction, operation, management and maintenance of a secure 600
bed prison for the housing and treatment of 200 adult male releases who are
awaiting due process hearings for allegedly violating conditions of release and
400 adult male inmates committed to the Department under A.R.S. 28- 692.01 or
28-697 who have demonstrated a need for substance or alcohol abuse intervention,
and
WHEREAS, CSC (formerly known as Esmor Correctional Services, Inc.) did
respond to the solicitation and was subsequently determined to have the
expertise, experience and resources to provide such services, and
WHEREAS, public hearings were conducted in accordance with A.R.S.
41-1609.02 C. and the Town of Xxxxxxxx did subsequently authorize the selected
site to be used as a Level II, secure prison,
NOW, THEREFORE, the Department and CSC do hereby agree as set forth herein.
ARTICLE I
DEFINITIONS
For the purposes of this Agreement, the following definitions as well as those
definitions provided in the General Provisions which do not conflict shall
apply:
ACA - The American Correctional Association
ACA STANDARDS - The standards for Adult Correctional Institutions as published
by ACA (third edition, Part Two, Physical Plant, January 1990) as may be
subsequently supplemented.
ADAAG - Americans with Disabilities Act Accessibility Guidelines provided by the
Americans with Disabilities Act and the Arizona's with Disabilities Act. The
guidelines are applicable to the
construction of the secure prison and any subsequent renovation, modifications
or additions made to the secure prison during the term of the Agreement.
Contract No: 6790
Continuation Sheet
ADDITIONAL SERVICES - Those operation or management services that may be
required to be furnished by CSC pursuant to Court Orders/Decrees or Department
written instructions that are in addition to those in effect as of the date of
execution of this Agreement and cause an increase in the cost of operating and
managing, the secure prison.
ALCOHOL ABUSE TREATMENT FUND (AATF) - A fund authorized by A.R.S. 31-255, as
amended, into which the Department deposits 67 % of wages received by DUI
inmates for work performed under inmate public work contracts. The remaining 33%
of wages earned is deposited in the inmate's individual trust account.
ARIZONA POST - Arizona Peace Officers Standards and Training. The council that
approves the correctional officer training curriculum, establishes minimum
standards for correctional officers and issues certificates of completion to
persons successfully complying with established standards and training.
A.R.S. - Arizona Revised Statutes.
ARIZONA STATE PRISON-XXXXXXXX XXXX (ASP-FW) - The official name of the
privatized prison to be constructed, owned, operated, maintained and managed by
CSC for the Department under the
authority of this Agreement and referred to herein as the Secure
Prison.
CAPITAL EQUIPMENT - Item(s) acquired by CSC with monies from the Welfare and
Benefits Fund with a unit cost of $5,000 or more and a useful life of at least
one year. Unit cost includes applicable sales tax, freight and other ancillary
costs to place the asset in its intended location.
CONTRACTS ADMINISTRATION OFFICE - Office within the Department of Corrections
charged with the responsibility of managing and maintaining professional
services contracts and, as such, serves as the official repository for all
professional service contracts entered into between the Department and private
entities.
XXXX - Correctional Officer Training(y Academy of the Department.
COURT ORDERS - Any orders or judgments issued by a court of competent
jurisdiction and any stipulations, agreements or plans entered into in
connection with litigation that are applicable to the operation, management or
maintenance of Department or privatized prisons and to the treatment or
custodial care of inmates.
CSC POST ORDERS - Orders related to CSC's procedures that have been prepared by
CSC and approved by the Department. Post Orders provide direction to CSC's staff
regarding responsibilities assigned to specific posts in the secure prison.
CSC PRISON WARDEN - Title of CSC employee charged with managing the daily
operations of the secure prison.
CSC INSTITUTIONAL ORDERS - Those procedures prepared by CSC and approved by the
Department that are based on Department Written Instructions. The procedures
provide broad direction to CSC's staff in the operation, management and
maintenance of the secure prison.
CSC PROPOSAL - Proposal dated November 15, 1995, submitted by CSC in response-to
the Department's Request for Sealed Proposals (RFP) Number 6702. The proposal is
inclusive of updated proposal information, to include additional information
dated February 15, 1995 and April 1, 1996, CSC's best and final offer dated July
17, 1996, additional clarifying information and Staffing Patterns provided on
August 5, 1996, CSC's second best and final offer date stamped November 7, 1996,
and clarifying information dated November 22, 1996.
DEPARTMENT - Arizona Department of Corrections.
DEPARTMENT MONITOR - Department employee who serves as the liaison between the
Department and CSC regarding matters that arise as a result of the daily
monitoring of the services authorized by this Agreement.
DEPARTMENT WRITTEN INSTRUCTIONS - Department regulations and management
directives issued by executive staff of the Department which govern the
administration and operation of the Department as a whole and the individual
institutions consistent with statutes, rules and sound correctional practices.
Unless otherwise specified, Department Orders or Manuals when used herein, shall
mean all forms of written instructions as identified in Attachment #9 and
applicable to the specific situation. Refer to Attachment #9 for definitions of
all types of written instructions used by the Department to include a table of
contents and cross reference index.
DEPUTY DIRECTOR. PRISON OPERATIONS (Deputy Director) Department employee charged
with managing this Agreement and providing direction to CSC relative to the
Agreement.
DIRECTOR - The Director of the Arizona Department of Corrections
DPS - Arizona Department of Public Safety. The State agency
responsible for licensing Security Agencies and Security Guards
(Officers).
DUI INMATE - An inmate committed to the Department under A.R.S.
28-692.01 or A.R.S. 28-697 for drivin- while under the influence
of intoxicating liquor or drugs.
EVENT OF DEFAULT - Events or circumstances relative to the failure of either
party hereto to perform a legal or contractual duty as set forth in this
Agreement.
GENERAL PROVISIONS - Those standard contract provisions required by the
Department and made a part of this Agreement.
INMATE - Any adult male committed to the Department who qualifies in accordance
with Department screening criteria for assignment to the privatized secure
prison operated under the authority of this Agreement.
INMATE DAY - Each calendar day, or part thereof, during which an inmate is
assigned to the secure prison. The Department shall pay for the day an inmate is
received at the secure prison, but not for the day an inmate is released from
the secure prison.
INMATE SCREENING CRITERIA - Department requirements for the assignment of an
inmate to the secure prison.
INMATE WAGES - Compensation that can be earned by inmates in
accordance with A.R.S. 31-254 and the Department's Work Incentive
Pay Plan (WIPP).
INMATE WELFARE AND BENEFIT FUND - Fund established and managed by CSC which
shall be used to the benefit of assigned inmates to pay for equipment or
services in accordance with the Department's policy regarding the Inmate
Activities and Recreation Fund. Monies for the fund shall be generated from
profits resulting from the sale of commissary inventory items and the revenue
received by CSC from the Department vendor for the inmate telephone system.
INMATE WORK AGREEMENTS - Multi-party agreements entered into between the
Department, CSC and other parties for the provision of inmate labor for work
activities with public or private entities as authorized by the Department.
IN-SERVICE TRAINING - Training required by the Department to be provided by CSC
on an annual basis to meet the recurring training needs of staff.
INVENTORIAL EQUIPMENT - Any item acquired by CSC with monies from the Inmate
Welfare and Benefits fund with a unit cost of $1,000.00 and a useful life of at
least one year.
JLBC - Joint Legislative Budget Committee of the State of
Arizona.
NON-APPROPRIATION - The failure by the Arizona Legislature, as part of its
budgetary process, to appropriate money requested by the Department for payments
due under this Agreement.
OPERATION AND MANAGEMENT SERVICES - Consulting, operation, management and
maintenance services necessary to provide for the care, custody, control and
treatment of inmates in accordance with Department written instructions and the
terms and conditions of this Agreement.
PHYSICAL FORCE - That degree of force that is directed toward the body of
another person that is not likely to result in death.
PRE-SERVICE NON-SECURITY TRAINING - Orientation training to be provided to all
nonsecurity staff, including volunteers, subcontractors, independent
contractors, as well as the employees, agents or representatives of
subcontractors or
independent contractors, who will work for or provide services to
CSC at the secure prison.
PRE-SERVICE SECURITY TRAINING - Training specified by the Department as
equivalent to that provided by the Department for security officers and required
to be provided by CSC to all staff designated by CSC as security officers. Such
training shall consist of 215 academy hours followed by at least 40 hours of
on-the-job (OJT) training under direct supervision of an experienced security
officer.
PROPERTY - All buildings, eighteen (18) acres of land, as described herein,
and all fixtures, fixtures, equipment and chattel located at the secure prison
90 days in advance of CSC's receipt of the Department's notice of its
intent to exercise its purchase option.
PUBLIC WORKS ACTIVITIES - Activities performed by inmates for other public
entities relevant to the maintenance, construction or adaptation of public land
or any building, structure, erection or improvement on public land including
roads, flood control projects and parks.
RETURN TO CUSTODY (RTC) INMATE - A convicted male felon committed to the
Department and awaiting due process hearing for allegedly violating conditions
of release.
RFP 6702 - Solicitation to include amendments and
modifications, issued by the Department of Corrections for the privatization of
200 Return to Custody and 400 DUI secure prison beds to be used for the housing
and treatment of inmates committed to the Department and assigned to the secure
prison.
SECURE PRISON - Level 2 privatized prison to be constructed, owned, operated,
maintained and managed by CSC for the Department under the authority of this
Agreement and officially named the Arizona State Prison-Xxxxxxxx Xxxx (ASP-FW).
SECURITY AGENCY - An agency to whom a license has been granted by the Arizona
Department of Public Safety in accordance with A.R.S.
Title 32, Chapter 26, Article 2.
SECURITY OFFICER - An employee of CSC to whom a "registration certificate" has
been issued by the Arizona Department of Public Safety in accordance with A.R.S.
Title 32, Chapter 26, Article 3.
SERVICE SPECIFICATIONS - The Service Specifications entitled "Secure Return to
Custody Prison" and "Secure DUI Prison, " included with RFP 6702 which set forth
the minimum requirements of the Department for delivery of services relative to
RTC and DUI inmates.
SPECIAL PURPOSE RECORDS - Department records that are transferred through the
correctional system with the inmate and provided to CSC for those inmates
assigned to the secure prison. Special Purpose Records include, at least, the
field file as well as medical and visitation records.
SPECIAL SERVICES FUND (Activities and Recreation Fund [A & R Fund]) -
Nonappropriated funds generated from such sources as sales from inmate stores
(canteen/commissary), contraband funds, vending machines sales and commissions,
donations, etc., that are to be used for the benefit of the inmates.
ARTICLE II
TERM OF THE AGREEMENT
2.1 This Agreement shall be fully executed when all signatures
are affixed.
2.2 The Agreement shall terminate three (3) years from the date CSC
receives the first Department inmate, unless terminated earlier as
permitted by the General Provisions or the terms set forth herein or
renewed, as indicated below.
2.3 At the Department's option, this -Agreement may be renewed
in accordance with A.R.S. 41-1609.01 J.,, K. and L.
2.3.1 Twelve (12) months after receipt of the first inmate, the Department
shall initiate a comparative analysis of the secure prison to Level
II units within the Department.
2.3.2 At least an analysis of those analytical factors listed in Article
VII of this Agreement shall be presented to -the Director and JLBC
relative to the performance of CSC during the previous period.
2.3.3 If it is determined by the Director that the option to renew the
Agreement shall be exercised, negotiations for cost or price
adjustments may be conducted by the Department with CSC relative to
the provision of contracted services superior in quality to service
provided by the State at essentially the same cost as the State.
2.3.3.1 If cost or price adjustments are recommended as a result
of negotiations, such recommendations shall be made in
accordance with A.R.S. 41-1609.01.
2.3.4 If the Agreement is to be renewed, a formal Amendment shall be
prepared and executed in accordance with Article IX prior to the
expiration date of the Agreement. The amendment shall reflect any
negotiated change in services and the amended expiration date as well
as authorized price or cost adjustments, if any.
2.3.4.1 If the Agreement is not renewed, the Department shall remove all
inmates from secure prison no later than the date of termination.
ARTICLE III
GOVERNING LAW/POLICIES AND PROCEDURES
3.1 This Agreement shall be construed in accordance with Arizona law,
including the Arizona Procurement Code along with its implementing
rules and the Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.
Each provision of law and any terms required by law to be in this
Agreement are a part of this Agreement as if fully stated herein.
3.2 CSC, a licensed security agency in accordance with A.R.S.
Title 32, Chapter 26, Article 2, Sections 32-2611 through
32-2615 shall remain licensed for the term of this
Agreement, including the ten-n of renewal, if exercised.
The requirements of A.R.S. Title 32, Chapter 26, Article 2,
Section 32-2613 C.2. shall not limit in any way the
requirements of this Agreement.
3.3 CSC shall construct the secure prison on 18 acres of land
within a 39.73 acre parcel of land owned by CSC and located
in Pinal County, within the city limits of Florence,
Arizona. The 18 acre secure prison site shall be located on
the 18 most westerly acres within the 39.73 acre parcel as
described in the legal description provided as Attachment
#13 of this Agreement. The legal boundaries of the entire
39.73 acres are described in the certified ALTA survey
completed preliminary to the CSC purchase of the land
parcel. The survey is on file with the Department and is
hereby made a part of this Agreement by reference.
3.4 The Department shall have the option, during the term of this
Agreement, to purchase the secure prison, the 18 acre site on which the
secure prison is located and all capital
equipment utilized in the daily operation of said prison. If the option
is exercised, the Purchase Agreement provided as Attachment #14 shall
be executed and shall occur within a time frame to ensure the
transaction is complete prior to the expiration of this Agreement. The
purchase price shall be negotiated in accordance with the formulas set
forth in Attachment #14.
3.4.1 The Purchase Agreement may be altered and amended prior to its
execution with the mutual agreement of the parties (CSC, DOA and the
Department), provided that any such alteration or amendment shall not
materially adversely affect the rights of the parties to this
Agreement.
3.4.2 CSC shall ensure that Property located at and used to operate the
secure prison at the time the first inmate is assigned to the secure
prison, shall remain available to the Department at the time of
purchase. The equipment shall be maintained in good working order,
outside of normal wear and tear, and shall be replaced as necessary
in accordance with CSC's replacement schedule.
3.4.3 The secure prison shall be constructed within the cost lines of the
per them as shown on the Fee Schedule submitted by CSC with
correspondence dated October 25, 1996.
3.4.4 CSC shall, during the construction phase of this Agreement,
provide to the Deputy Director, or designee copies of complete
construction documentation to include at least the below listed
items. As-built drawings and warranties applicable to the secure
prison shall be delivered to the Deputy Director within thirty (30)
days after CSC receives the Department's notice of intent to
purchase.
Architectural Drawings Structural Drawings and Calculations Electrical
Drawings Plumbing Drawings HVAC Drawings Mechanical Calculations
Domestic Water System Documentation Security Systems Drawings Fire
Protection System Drawings On-site Utilities Civil Plans Complete
Specifications All Addenda
All Architect's Supplemental Instructions
All Change Orders
All Requests for Information
A Complete Copy of all Operation and Maintenance Manuals
3.5 The secure prison to include any subsequent modifications or
additions to the secure prison, shall accommodate at least those
functional areas listed in Objective II of the Service Specifications,
provided as Attachment #1 of RFP 6702. The secure prison and associated
support systems shall be constructed in accordance with Department
requirements, applicable laws, rules, standards, codes, etc., to include
at least the following:
3.5.1 Department requirements:
3.5.1.1 Air Conditioning- (other than evaporative cooling) and carpeting
shall not be used for inmate living space.
3.5.1.2 Those items listed in Article V, Paragraph 5. 1.
3.5.2 Applicable laws, rules, standards, codes, etc.:
3.5.2.1 ACA Standards as defined herein.
3.5.2.2 Contract documents as defined in Paragraph 5.1.1 sealed
by a licensed registrant.
The site plan and construction design shall be as discussed on
November 5, 1996. Contract Documents, inclusive of the items listed in Paragraph
3.4.4 and an updated Table of Construction Costs - 600 Bed/Private Prison, shall
be reviewed by the Department prior to issuance of the Notice
to Proceed.
3.5.2.3 Applicable Federal, State and local building, health,
safety and fire codes.
3.5.2.4 All requirements and guidelines as provided by the Americans
with Disabilities Act and the Arizona's with Disabilities Act
as prescribed by the current version of Americans with
Disabilities Act Accessibility Guidelines (ADAAG) and any
subsequent versions issued before construction of the facility
is completed or, subsequent to completion, at the time
renovations, modifications or additions are made to the secure
prison. Initially, no inmates will be assigned to the secure
prison until the prison is determined to be in compliance with
all ADAAG relating to inmate accessibility to programs and
services or to public accessibility. This determination will
be made by independent inspection of the completed facility,-
as arranged by the Department.
3.5.2.5 Requirements of Federal and State regulatory agencies.
3.5.3 Failure to corn . ply with any of the above
requirements shall require remediation. and/or correction by
CSC at no cost to the State or the Department.
3.6 If, during the term of this Agreement (to include term of renewal), the
secure prison is sold by CSC, it shall be understood that the new
owner(s) shall be obligated by the terms and conditions of this
Agreement to include current schedules, i.e., Fee Schedule,
amortization schedule and depreciation schedule.
3.7 CSC shall operate the secure prison in compliance with all Federal,
State and local laws, rules, regulations and codes relative to fire,
health and safety issues and shall be responsible for all taxes
applicable to their use of the said facility.
3.7.1 CSC shall, during the term of this Agreement, ensure that the secure
prison provides full accessibility to all programs and services by
inmates as well as full public accessibility as specified by ADAAG.
3.7.2 CSC shall timely pay and discharge, without offset, deduction or
abatement for any cause, all duties, taxes, charges,
assessments, impositions and payments, extraordinary as well as
ordinary, unforeseen as well as foreseen, of every kind and
nature (under or by virtue of any current or subsequently
enacted law, ordinance, regulation, action or order of any
public or governmental authority), which during the term of this
Agreement are due, imposed upon, charged against, measured by or
become a lien on the secure prison or any improvements or
personal property therein.
3.8 This Agreement, which incorporates by reference the requirements of
RFP 6702, applicable Department written instructions and CSC's proposal
as each is defined herein, shall govern CSC's performance relative to
the construction, operation, management and maintenance of the secure
prison as well as govern the care, custody, treatment and supervision of
inmates assigned to the secure prison. The Department's written
instructions shall prevail over the Scope of Services unless
specifically addressed within the Scope of Services in which case the
Scope of Services shall prevail. The Agreement's Scope of Services shall
prevail over the Special Provisions, General Provisions or any
attachments hereto and the requirements of the RFP. The requirements of
R-FP 6702 shall prevail over CSC's proposal.
3.8.1 It shall be understood that throughout this Agreement, as
reference is made to numbers of specific Department written
instructions, e.g., Director's Instructions, Department Orders, or
Technical Manuals, CSC shall comply with the Department's
requirements relative to the subject matter, notwithstanding the
reference to a specific type of written instruction or document
number.
3.8.2 Unless otherwise specified herein, at least sixty
(60) days prior to receipt of the first Department inmates
3.8.2.1 CSC shall submit for Department approval written
institutional orders, post orders and manuals as specified in
RFP applicable Department written instructions and the
Service, Specification.
3.8.2.2 Commissioning, procedures for prison
activation
3.8.2.3 Preventative maintenance schedules to be used
for all capital equipment.
3.8.2.4 Capitalization policy.
3.9 During- the term of this Agreement, when changes occur to existing
Department written instructions, Administrative Rules, courses or
curriculum that are determined to be relevant to the operation of the
secure prison, the Department shall, via the Department Monitor, notify
CSC in writing.
3.9.1 After the Department's initial approval of CSC required institutional
orders and post orders, subsequent Department requested changes to CSC
documents shall be made within the time frames stipulated in the
Department issued document.
3.9.2 Requests initiated by CSC to change institutional orders or post
orders previously approved by the Department shall be directed to the
Department Monitor by CSC for approval or disapproval action by the
Deputy Director, or designee. Each request shall be accompanied by
written information that details the reason for the desired change(s)
and a description of the impact on the current operation if the
change(s) is or is not authorized.
3.10 When NEW Department written instructions or Administrative Rules
are issued, or if NEW Court Orders/Decrees are issued by a Court of
jurisdiction that have a bearing on this Agreement, the Department
shall provide CSC with a copy of the executed document.
3.10.1 CSC shall prepare new institution orders or post orders
for approval by the Department's Deputy Director, or designee, in
order to ensure implementation within the time frames stipulated in
the Department issued document.
3.10.2 Payment for costs relative to additional
services required of CSC as a result of Department written
instructions, Court Orders/Decrees or Administrative rules
implemented after execution of this Agreement shall only be
authorized if approved in accordance with the requirements
of A.R. S. 41-1609.01 and Article IX of this Agreement.
3.11 The following responsibilities shall be administered by
Department staff only:
3.11.1 Calculating inmate release and parole eligibility
dates.
3.11.2 Calculating and awarding sentence credits.
3.11.3 Approving inmate furloughs and work releases.
3.11.4 Granting, denying or revoking inmate sentence
credits.
3.11.5 Invoking. any disciplinary action.
3.11.6 Placing, an inmate under less restrictive custody
or more restrictive custody.
3.11.7 Accessing criminal background information
developed from the Arizona Criminal Justice Information
System (ACJIS).
3.11.8 Processing, Inmate grievances
3.12 Actions and activities provided by CSC staff in accordance with
Department written instructions regarding Inmate Classification, shall
require final signatory authorization from appropriate Department staff
prior to implementation. CSC shall submit recommendations for
classification actions to the Department Monitor for acquisition of
approval.
3.13 Actions and activities provided by CSC staff in accordance with
inmate disciplinary rules for the Department shall be submitted to the
Department's Discipline Coordinator. The Department shall conduct
disciplinary hearings and impose sanctions in accordance with the
Inmate
Rules of Discipline.
ARTICLE IV
RECRUITMENT/HIRING/STAFF TRAINING
Recruitment/Hiring
4.1 CSC shall comply and shall ensure that authorized subcontractors
comply, during the term of this Agreement, with all federal and state
laws, regulations, rules, executive orders, etc. relative to
recruitment and hiring practices.
4.1.1 All advertisements for employment issued by CSC and its authorized
subcontractors shall state that unless there is a bona fide
occupational qualification, all qualified applicants will receive
consideration for employment without regard to race, color, religion,
sex, national origin, age (except as provided by law), marital
status, political affiliation or disability status.
4.1.2 CSC shall conduct employee recruitment and hiring activities for all
positions, inclusive of security staff, in accordance with
information provided in Section 8 of CSC's Proposal.
4.1.2.1 Prior to CSC's selection of the final candidate for the position
of Warden, CSC shall permit the Deputy Director, or designee, to
review and provide comment regarding information pertinent to the
qualifications of the individual recommended by, CSC for the
position.
4.1.3 The Position Descriptions contained in Exhibit 8 C of
CSC's proposal provide descriptions of essential work'
tasks, responsibilities, skills, knowledge -and
abilities as well as minimum qualifications for each
type of position indicated on Attachment #1, Staffing
Pattern. Only those applicants who possess the required
minimum qualifications, licenses, certifications,
diplomas or degrees specified on the Position
Descriptions and who also pass the required background
investigation shall be hired by CSC or authorized
subcontractors.
4.1.3.1 Security officers hired by CSC shall be at
least 21 years of age and shall not have a
record of any felony convictions.
4.1.3.2 Personnel hired by CSC for the positions
listed below shall be registered by DPS as a
security guard (officer) in accordance with
the requirements of A.R.S. Title 32, Chapter
26, Article 3 prior to initiation of
service. Additionally, prior to assuming job
responsibilities, CSC shall ensure that each
security officer has received a passing,
score on all required physical and
psychological examinations as well as
attended and successfully completed required
pre-service security officer training, to
include non-lethal weapons training,
physical fitness training and 40 hours of
OJT.
CSC's designated security officer positions:
Chief of Security
Shift Supervisor
Housing Unit Officer
Intake/Release Officer
Recreation Officer
Central Control Center Officer
Public Works Supervision Officer
Visitation Officer
Transportation Officer
4.1.3.3 If applicable, CSC staff employed at other
secure facilities operated by CSC may submit
applications to be transfer-red to the secure
prison authorized herein provided that such
staff are qualified as indicated in this
Article. An applicant for transfer to a
security position must have at least one year
current experience equal to a Correctional
Officer, or experience that includes
custodial responsibilities for incarcerated
inmates and pass all requirements listed
below to be considered for employment as a
security officer authorized by this
Agreement.
A medical examination at the twenty-five
percent (25 %) level. (Employee must achieve
the fifty percent (50%) level at the
completion of training
A psychological examination.
Demonstrated proficiency in self-defense as
well as physical fitness at the fifty percent
(50%) level.
A competency exam based on the XXXX curriculum.
A background investigation.
4.1.3.4 All I health care professionals, to include
technicians, clinical I psychologists as well as
other mental health professionals, must be
licensed or certified in accordance with Arizona
Revised Statutes. The Department Monitor shall
obtain written approval from the Department's
Deputy Director, Health Services, or designee,
regarding acceptable qualifications of each
provider before initiation of services under this
Agreement.
CSC shall submit through the Department
Monitor, a current curriculum vitae for each
proposed physician and a current resume for
all other proposed health care professionals
along with verification of Arizona license
or certification.
4.1.3.5 Instructors of adult inmate education
courses as defined by Department written
instructions shall be certified as
instructors by the Arizona Department of
Education (DOE) prior to initiation of
services.
4.1.3.6 Qualifications of CSC personnel who serve as
chaplains must be approved by the
Department's Administrator of Pastoral
Activities whether such personnel are
employees, volunteers, subcontractors or
independent contractors. Department approval
of qualifications must be obtained prior to
initiation of services.
CSC shall submit through the Department
Monitor, a current resume from the proposed
service provider. The resume shall at least
indicate that the provider is a
representative of the professed faith system
who is either ordained or a lay person who
meets the approval of leaders in that faith
system. The proposed provider must have
experience in leading worship services, as
well as experience in teaching ceremonial or
meditation services and counseling services
of a non-medical Inmate.
4.1.4 If CSC or an authorized subcontractor desires to
establish a position(s) in addition to those identified on
Attachment #1, a Position Description form provided with this
Agreement as Attachment #2 shall be completed and submitted to
the Department Monitor along with a letter stating- the reason
for the proposed position(s). Completed Fee Schedule and
Budget Narrative forms (Attachment #12) must be included which
clearly identify: (i) expense categories impacted by adding
the position(s), and (ii) the proposed per them rates.
4.1.4.1 The Department Monitor shall forward requests
from CSC for additional position(s) to the
Deputy Director, or designee, for
approval/disapproval.
4.1.4.2 Approved changes shall not be implemented
unless authorized in accordance with Article IX
of this Agreement.
4.1.5 If CSC or an authorized subcontractor desires to reallocate
a position(s) identified on Attachment #1 and the proposed
reallocation shall result in a decrease in per them rates
shown on Attachment #10, CSC shall submit to the Department
Contract Monitor a description of the proposed action(s), a
revised Attachment #1 to reflect the reallocation,
completed Budget Narrative forms identifying expense
categories impacted by the reallocation of the position(s),
and a revised Fee Schedule reflecting the reduced per them
rates as a result of the proposed reallocation(s).
4.1.5.1 The Department Contract Monitor shall forward information
received from CSC to the Deputy Director, or designee, for
approval/disapproval.
4.1.5.2 If approved, the revised Attachment #1 Staffing Pattern and a
revised Attachment #10 reflecting- the reduced per them rates
will replace the existing Attachments #1 and #10. The former
Attachments shall be kept on file to indicate the previous
agreement. A formal written Amendment shall not be required.
4.1.6.If CSC or an authorized subcontractor desires to reallocate positions
identified on Attachment #1 which do not result in a decrease or
increase in the per them rates shown on Attachment #10, CSC shall
submit a request for such proposed reallocation to the Department
Monitor. Such requests shall be accompanied by information that: (i)
thoroughly describes the reason and purpose for such changes, and
(ii) that the proposed chances will not
negatively impact the mission of the secure prison as set forth in
this Agreement, and (iii) that the changes shall permit all
Department requirements to be met. A revised Attachment #1 indicating
the reallocation of the position(s) shall be attached to the
information submitted by CSC.
4.1.6.1 The Department Monitor shall forward all such requests to the
Deputy Director, or designee for approval/ disapproval.
4.1.6.2 If requested changes are approved, the Department's
Contracts Administration Office shall incorporate the revised
Attachment #1 Staffing Pattern, into this Agreement by replacing
the existence, Attachment. The former Attachment #1 shall be
maintained on file to reflect the previous agreement. The revised
Attachment #1 shall be effective on the date of approval by the
Deputy Director. A formal written amendment shall not be
required.
4.1.7 CSC shall conduct recruitment and hiring activities to ensure, staff
vacancies, including subcontractor staff vacancies, are filled within
thirty (30) days after the date the vacancy occurs. CSC shall ensure
that authorized subcontractors have plans to actively recruit and
fill vacant positions within the specified time frame.
4.1.7.1 Positions required to be registered as security
officers as well as positions that provide food
services and health services are deemed critical
positions and shall be filled at all times. All posts
classified , as critical posts shall be staffed at all times
consistent with the Department approved schedule.
4.1.7.2 If unforeseen or unavoidable circumstances
prevent hiring of positions within thirty
(30) days after the vacancy occurs, CSC shall
provide documentation to the Contract Monitor
which reflect due diligence on the part of
CSC or the subcontractor to fill the vacant
position(s) from time of vacancy until the
position(s) is filled.
4.1.7.3 Failure by CSC to hire positions or fill
post vacancies as described above may result
in an Event(s) of Default being- declared in
accordance with Article X.
4.2 Those positions listed on Attachment #1 of this Agreement reflect the
staffing- pattern for all positions funded by per them to include
security, non-security, food service, substance abuse treatment
services, medical, dental, mental
health services as well as positions to be provided by the
subcontractor(s) authorized by this Agreement. Prior to CSC's receipt
of the first Department inmate, staff hired for the listed positions
shall have attended and successfully completed pre-service training
required by this Agreement as applicable to each type of position,
e.g., security/non-security.
4.2.1 Staffing patterns for providers of medical (to include
optometric), dental and mental health services shall be
continent upon patient waiting times to be seen by the
respective health professional. Medical, to include
optometric, dental and mental health providers shall be
available for scheduled appointments a minimum of two days
per week and shall be on-call and available within 30
minutes of the secure prison, 24 hours per day, 7 days per
week for coverage in emergency situations. If waiting
times are determined by the Department to be excessive, CSC
shall increase the availability of the providers to ensure
that waiting times are at acceptable levels, as approved by
the Department's Deputy Director, Health Services, or
designee. Any costs associated with increased availability
of health providers shall be borne by CSC.
4.2.2 CSC shall ensure that mental health services/evaluations shall be
provided a minimum of two days per week by a licensed clinical
psychologist. A licensed psychiatrist shall be provided as needed or
required.
4.3 Services and benefits similar to those identified in CSC's proposal in
Section 8 under Personnel Policies and Procedures, shall be available
to CSC's employees during the term of this Agreement.
4.4 CSC shall ensure that ACIC/NCIC background investigations as well as ,
reference checks are conducted and completed prior to hiring any
employee, subcontractor, independent contractor or volunteer assigned
to the secure prison.
4.4.1 CSC shall be responsible for all costs related to licensure as a
security agency and registration of staff as security officers (see
paragraph 4.1.4.2) in in accordance with the requirements of A.R.S.,
Title 32, Chapter 26, Articles 2, 3 and 4, Sections 32-2611 through
32-2637.
4.4.2 The Department shall conduct ACIC/NCIC background investigations for
CSC's security and non-security positions at a cost to CSC of $4 per
investigation.
4.4.3 The Department shall supply fingerprint cards for CSC non-
security positions at no cost to CSC.
4.4.4 CSC shall be responsible for the cost of fingerprinting non- security
staff, to include potential employees, volunteers, subcontractors,
independent contractors and the employees and agents of
subcontractors and independent contractors who will work at the
secure prison.
4.4.5 The Department shall process fingerprint cards for non- security
positions at a cost to CSC of $8 per card.
4.4.6 Total cost to CSC for the Department to conduct ACIC/NCIC background
investigations and process fingerprint cards for CSC's staff shall be
$12 per individual.
4.4.6.1 The Department shall send CSC an invoice documenting each
background investigation charge at the end of each month. CSC
shall render payment in accordance with Article VI.
4.4.7 The processing of information for non-security positions
shall be coordinated by the Department Monitor.
4.4.7.1 The Department Monitor shall provide CSC with approval or
disapproval for each name submitted, based on ACIC/NCIC results.
If subsequent criminal information is obtained as a result of
research relative to the fingerprint card, the Department Monitor
shall advise CSC that the individual is disqualified and cannot
be employed at the secure prison.
4.4.8 CSC shall ensure that security and non-security positions to include
subcontractor positions complete the forms listed below. CSC shall
provide the completed forms and information to the Department
Monitor. Originals of Form #30400005 and #70501097 shall be provided
to CSC by the Department. CSC shall be responsible for duplicating
the forms as necessary.
4.4.8.1 Completed fingerprint card, Form FD-258
4.4.8.2 Department Background Investigation Supplement 33, Form
#30400005
4.4.8.3 Consent to Search Form #70501097
4.5 CSC staff shall attend Periodic Department meetings
to include but not limited to the following:
Meeting Frequency Required Attendance
Administrators Quarterly Warden
Corporate Prison Admin Monthly Warden
Business Managers Quarterly Business Manager
Security Managers Monthly Chief of Security
Records Managers Quarterly Records Supervisor
Food Service Managers Quarterly Food Service Manager
4.6 From time of execution of this Agreement until one year after
receipt of the first inmate, CSC shall not be permitted to
subcontract any service not authorized by Attachment #3.
Subsequent to the prescribed period, if CSC proposes to use a
subcontractor in addition to or other than the subcontractor
shown on Attachment #3, CSC shall follow the steps prescribed
below. The aforementioned time restriction does not preclude
CSC from taking necessary corrective action, to include
terminating the existing subcontract agreement, if the
subcontractor fails to perform adequately. CSC remains
responsible for the provision of all services required by
this Agreement.
4.6.1 Prior to submittal of information to the Deputy Director, or designee
CSC shall ensure that the proposed subcontractor has the staff and
resources within its own capabilities to provide the specified
services, further subcontracting shall not be permitted.
4.6.1.1 Each proposed subcontractor, must be able to provide, if
requested, appropriately executed documents to reflect the legal
formation of their business structure and must remain in good
standing with respective entities where business documents are
filed. If the subcontractor is incorporated, good standing with
the Arizona Corporation Commission must be maintained.
Out-of-state firms who are incorporated must file necessary
documents with the Arizona Corporation Commission to conduct
business in Arizona and ensure a statutory agent is identified in
said documents.
4.6.1.2 Each proposed subcontractor must be in good standing with
any state, federal or local agency that has a contracting
relationship with the subcontractor. If, during the previous 12
months, any contractor has terminated or otherwise ended the
contracting relationship in a manner other than expiration of the
contract, the subcontractor may not be approved by the
Department.
4.6.2 CSC shall submit all required documentation as indicated
below at least 90 calendar days prior to the projected
initiation of services in order to acquire Department approval of the
proposed subcontracting entity as well as the proposed subcontract
agreement. Services shall not be initiated unless approved by the
Department. Each request to use a subcontractor shall be accompanied
by the following:
4.6.2.1 A statement signed by authorized signatories of CSC and
the 'proposed subcontractors reflecting that the
subcontractor(s) has read RFP 6702, as well as applicable
Department written instructions, the CSC proposal, as
defined herein and this Agreement, as each document
pertains to the service to be subcontracted. The
statement shall indicate that the subcontractor arrears
to comply with all requirements to include all security
requirements relative to access to the secure prison and
completion of employment and criminal history checks for
each employee, agent or representative of the
subcontractor who will require such access.
4.6.2.2 Documentation to reflect the qualifications of the
proposed subcontracting- entity to include the business name,
business address, telephone number, type of service to be
provided and the name of a contact person for the proposed
subcontractor. Additional information shall include i) written
personnel procedures addressing that personnel information listed
on page 37 of RFP 6702, ii) a signed statement acknowledging good
standing with any Federal, State or local agency as indicated in
Paragraph 4.6.1.2 above and, iii) the name of contracting
entities who have received services from subcontractor within the
last five years; types of services provided for each identified
contracting entity; number of clients served for each contracting
entity, name of contact person with each contractor who would
have first hand knowledge regarding the operation of the services
provided by the proposed subcontractor.
4.6.2.3 The proposed subcontractor must complete Attachment #1 1
Suspension or Debarment Status Certification provided with this
Agreement. If the proposed subcontractor has been debarred,
suspended or otherwise lawfully precluded from participating in
any public procurement activity, the subcontractor shall disclose
that information. Failure to provide such information or to
complete Attachment #1 I shall result in lack of approval of the
subcontractor by the Department.
4.6.2.4 Certificates of insurance (XXXXX Form) reflecting
insurance coverages as required by Attachment #8 of this
Agreement as well as certified copies of each policy as directed
by Article VIII of this Agreement.
4.6.3 CSC shall provide a revised Fee Schedule and Budget
Narrative using the forms as provided by Attachment #12 to
indicate the costs of the subcontracted services and a
revised Attachment #1, Staffing Pattern, listing positions
to be provided by the subcontractor(s). If a per them cost
adjustment (increase) is required, a formal amendment must
be executed in accordance with Article IX of this
Agreement. If a cost decrease is required, Attachment #1,
3 and 10 shall be revised. The former Attachments shall be
maintained on file to reflect the former Agreement.
4.6.3.1 If a cost adjustment is not required and the subcontractor is by
the Department, Attachment #1 Staffing Pattern and Attachment #3
Subcontractors shall be updated to reflect approved chanaes
without requiring a formal amendment to the Agreement. The former
Attachments shall be maintained on file to reflect the previous
agreement.
Staff Training
4.7 CSC shall be required to provide staff training as follows:
4.7.1 Pre-service security officer training for personnel hired for
designated security officer positions (See Paragraph 4.1.4.2).
4.7.1.1 Attachment #4 of this Agreement lists the Functional Areas and
Course Titles to be contained in the pre-service training for
security officers. All courses, except those marked with an
asterisk shall be taught in accordance with Department
provided curricula and lesson plans. Those Course Titles
marked with an asterisk may be taught utilizing CSC's
curricula and lesson plans, subject to approval by the
Department's Administrator, Staff Development/Training Bureau
or designee.
4.7.2 Required and optional pre-service non-security training courses
(New Employee Orientation [NEO]) are listed in Attachment #5.
Department curricula and lesson plans shall be utilized for the
required courses. Curricula for optional courses may be
developed by CSC, subject to content being approved by the
Department's Administrator, Staff Development/Training Bureau.
On the first day of employment, new employees, volunteers,
subcontractors, independent contractors, etc. shall receive at
least Phase I of the required training, i.e., Initial Orientation and
Occupational Safety. Phase 11 of the required training shall be
presented within sixty (60) days after the initial training.
Employees who will have significant contact with inmates shall be
scheduled for Communicable Disease, Basic Life Support and First Aid
training within sixty (60) days after their date of hire.
4.7.3 The Department shall provide to CSC, at no cost, copies of video
tapes developed by the Department for staff training purposes. CSC
shall purchase direct from identified vendors any other video tapes
required for staff training. The Department shall provide CSC with
the address and telephone number of designated vendors.
4.7.4 Refresher training shall be provided annually to all staff to
include subcontractor(s) and their employees, agents or
representatives. Security Officers shall be required, as part of the
annual training to receive the below listed refresher training at the
frequencies indicated. Basic Life Support and First-Aid refresher
training shall be provided as indicated to all staff who have
continual contact with inmates.
4.7.4.1 Non-Lethal Weapon Certification (annually)
4.7.4.2 Basic Life Support (every 2 years)
4.7.4.3 First-aid (every three years)
4.7.4.4 Use of Force (annually)
4.8 All Department training information (curricula, lesson plans, computer
disks, etc.) provided to CSC is proprietary information and CSC shall
utilize the information only for purposes of this Agreement. CSC shall
not disseminate the information to others for any purpose.
4.8.1 If, during the term of this Agreement, the Department makes
subsequent chances to the curriculum, copies of said changes shall be
provided to CSC. CSC shall return all media, to include any copies
made by CSC, no longer applicable as a result of the change within
thirty (30) days after the change is implemented.
4.8.2 Within 45 days after termination of this Agreement, all
documents, computer disks, manuals, etc. provided to CSC by the
Department as well as all copies made by CSC shall be returned to the
Department.
4.9 CSC's instructors must be certified by one of the following
before providing training.
4.9.1 Arizona POST (Peace Officer Standards and Training)
Staff Instructor
4.9.2 Arizona Department of Corrections Staff Instructor
4.9.3 Other - as approved by the Department
4.10 The Department, if requested, may provide instructor certification
training for CSC in the following areas. Participation by CSC staff
shall remain at the discretion of the Department.
4.10.1 Staff Instructor - Instructors who must attend and
successfully complete a 16 hour instructor training
program conducted by a senior instructor in order to
be recommended for certification. An evaluation by a
Senior Instructor is required every three years to
maintain certification.
4.10.2 Senior Instructor - Instructors who are required
to attend and successfully complete an initial 40
hour training program conducted by a professional
trainer. Completion of the program will qualify
senior instructors to conduct training and
recommend certification for regular instructors.
Senior Instructors must complete an 8 hour
professional instructor training course every
three years and are required to teach 36 hours
each year to maintain their certification.
4.10.3 Specialty Instructors - Instructors who have received
additional training in specialty areas, e.g., Basic
Life Support (BLS), Firearms Qualifications training,
First Aid, Cultural Diversity, Incident Management
System, etc. In addition to maintain staff Instructor
certification, Specialty Instructors must maintain
certification in their specialty area, depending on course
requirements.
4.11 CSC shall submit the following information to the Department Monitor
within sixty(60) days prior receipt of the first inmate. Any changes to
the initial training plan after approval by the Department shall be
submitted by CSC at least 30 days prior to a scheduled training,
session.
4.11.1CSC's plan for the provision of security and non-security
pre-service training to include at least the following
information:
4.11.1.1 Location where training will be
provided, including OJT training.
4.11.1.2 Time frames for presentation of the training,
4.11.1.3 A description of the instructional methods to be
used, e.g., lecture, video tape, workbooks, etc.
4.11.1.4 A description of CSC recordkeeping methods
relative to staff training to include samples of
forms, computer data, etc.
4.11.1.5 Curricula and lesson plans for required courses of
non-security preservice training as well as
curricula and lesson plans for any other courses
CSC may provide at their option.
4.11.1.6 A description of how and where medical, physical
and psychological examinations shall be
provided.
4.11.1.7 Curricula and lesson plans for those course titles
marked with an asterisk as shown on Attachments #4
and #5.
4.11.1.8 Identification of the instructors that will be
used to teach each course to include:
The name of each instructor.
Qualifications of each instructor by type of
certification.
Date certification was received and
subsequent refresher courses completed, if
any (applies to law enforcement training
only).
List of course topics each instructor will
teach.
4.12 CSC shall submit to the Department Monitor an Annual
Training Work Plan for inservice training within sixty (60)
days prior to the need to deliver in-service training.
Subsequently the Annual Training Work Plan shall be provided
no later than May 15 of each year of the term of the
Agreement and period of renewal, if any. The Annual
Training Work Plan shall be submitted in the following format:
4.12.1 Work plan introduction
4.12.2 Institutional demographics
4.12.3 Needs assessment
4.12.3.1 Line staff needs.
. 4.12.3.2 Supervisor/Manager needs.
4.12.3.3 Department needs and mandates, including
required training
4.12.3.4 Institutional needs and mandates.
4.12.4 Annual calendar for trail
4.12.5 List of certified instructs
4.12.6 Training recommendation
4.12.7 Approval/signature page
4.13 The Deputy Director, or designee, in conjunction with the Department's
Administrator, Staff Development/Training Bureau, shall respond in
writing to CSC indicating approval or disapproval within thirty (30)
days after receipt of the
information.
4.13.1 If any proposed training segment is disapproved, reasons for
such disapproval shall be stated and CSC shall be allowed to make
required changes and resubmit the proposed training segment within
thirty (30) days after receipt of the disapproval.
4.14 The Department shall provide two components of training to
CSC staff prior to the assignment of the first inmate to the
secure prison, as listed below. CSC positions with duties
assigned relative to the specialty training topics are
critical to the successful operation of the secure prison.
CSC staff in positions with duties assigned relative to the
inmate systems shall be expected to develop a basic
understanding of the various systems and to be knowledgeable
of the role each position shall serve relative to each
inmate system.
4.14.1 Specialty Training
4.14.1.1 Management Information Services: Training on the Department's
Adult Information Management System (AIMS), i.e., system access,
data entry requirements, system security. The Department will
provide any refresher training resulting from changes made to the
system.
4.14.1.2 Inmate Records: Training on the requirements and
processes for maintenance of inmate records as well as
responsibilities of record-keeping personnel.
Inexperienced CSC records staff shall be required to
participate in six [6] weeks of training in an ADC prison prior
to receipt of the first inmate. The trainer may then spend up to
an additional week at the CSC facility with the trainee(s).
4.14.1.3 Inmate Accounting System: Training specific to the management of
inmate funds, i.e., deductions from inmate wages, discharge and
clothing allowances, and Work Incentive Pay Plan (WIPP). CSC's
Inmate Accounting System staff shall be required to participate
in one week of training- in an ADC prison prior to receipt of the
first inmate.
4.14.1.4 Case I work Management Training: This training is specific to the
duties and responsibilities equivalent to those performed by the
position of a Correctional Officer III with the Department. Staff
assigned case management duties will be required to participate
in four (4) weeks of on-the-job training in a Department
institution.
4.14.2 Inmate Systems
4.14.2.1 Inmate classification system: This training will
provide staff with the basic understanding of the
Department's Inmate Classification system.
4.14.2.2 Inmate disciplinary system: This training,, will provide staff
with an understanding of the inmate disciplinary process, the
rules of discipline, and their role in the enforcement of the
rules of discipline.
4.14.2.3 Inmate grievance system: The training will provide staff with an
understanding of the inmate grievance process and their role in
the process.
4.14.3 Initial training for the specialty training and inmate systems
as well as supplemental training required due to the introduction by
the Department of procedural revisions shall be provided by the
Department at no cost to CSC. The Department shall furnish to the CSC
Warden at the conclusion of each training, technical manuals or
curriculum for use by CSC in the provision of training to replacement
staff or as refresher training, except for training for the Inmate
Accounting System. Technical manuals relative to the Inmate
Accounting System shall be used by CSC staff relative to required
procedures. The Department shall not provide further no cost training
to CSC staff.
4.14.3.1 CSC shall not be required to train staff relative to the In-
mate Accounting System. Department Central Office staff shall
provide initial training and necessary supplemental training
to those CSC staff assigned responsibilities for inmate
accounting activities. The Department shall charge CSC as
described below if requested to repeat Inmate Accounting System
training for the same CSC staff within six months after a
training session has been conducted.
4.14.4 CSC requests to the Department for training relative
Specialty Training or Inmate Systems in excess of what is described
above shall require, if approved, CSC to reimburse the Department
for staff time and any other associated costs, e.g., travel
expenses and overtime (as such costs are applicable). The
Department shall, within thirty (30) days after training is
provided, invoice CSC based on actual costs as determined from
travel receipts, Positive Attendance Reports (PAR) and salary for
each employee providing training. CSC shall submit payment to the
Department within ten (10) days after receipt of invoice at the
following address:
Arizona Department of Corrections
Attention: Administrator, Bureau of Business & Finance
1601 West Jefferson Mail Code 210
Xxxxxxx, Xxxxxxx 00000
4.14.5 A CSC staff vacancy in a position providing- services
required by the specialty training topics will severely
impact the management of the assigned inmate population.
CSC shall ensure that adequate numbers of CSC staff are
trained and have the knowledge, skills and ability to
complete daily tasks required for the specialty training
topics. CSC shall be responsible for the adequacy of the
CSC provided training, e.g., qualifications of trainers,
timeliness of each training segment and presentation,
based on Department provided technical manuals and
curriculum. Failure on the part of CSC to provide the
required staff or the required training may result in an
Event of Default being declared in accordance with Article
X.
4.15 CSC staff, approved by the Department, may participate in the
Department Train-theTrainer program to allow CSC staff to provide
on-going training in technical areas as authorized by this Agreement.
4.16 CSC shall hold the Department, harmless from liability claims of third
parties arising recruitment/hiring/staff training,, processes set forth
in this Article.
ARTICLE V
PROVISION, OPERATION AND MANAGEMENT
OF THE SECURE PRISON
5.1 CSC shall construct the secure prison's infrastructure and
support systems as soon as possible in accordance with the
segments of time specified in CSC's milestone chart as
submitted on November 6, 1996. The Department may declare
an Event of Default, as permitted by Article X of this
Agreement, if any time segment specified in CSC's milestone
chart is not met and a Force Majeure occurrence has not been
declared.
5.1.1 The secure prison shall be constructed by CSC's architect
and construction contractor in accordance with the Contract
Documents for the project as defined in the Fourteenth
Edition of the AIA Document A201 - General Conditions for
contracts for construction, as well as Department
requirements and applicable laws, rules, standard, codes,
etc., as specified in Article III, Paragraph 3.5. 1.
Simultaneous submission of the Contract Documents by CSC to
the local planning and zoning office and to the Deputy Director shall
occur. The secure prison shall be located on an 18 acre site in Pinal
County within the city limits of Florence, Arizona as described in
Article III and shall have,, at least:
5.1.1.2 One 14 foot loop top perimeter fence with "no-climb" (1/4 inch
hardware cloth) at the top six (6) feet of the fence on the
inside. The mesh at the bottom of the fence shall be embedded in
a concrete base.
5.1.2.3 Eighteen inch (18") razor wire on the top of the
fence at feast at , those points where the perimeter fence
abuts to a building and where. fences adjoin the
perimeter.
5.1.3.4 Adequate security to ensure that inmates remain within the
perimeter and to prevent access by the general public.
5.1.4.5 Secure locks on all outside doors.
5.1.5.6 A par course.
5.2 Notwithstanding the milestone chart referenced in Paragraph 5.1 above,
CSC shall, after receipt of notice to proceed from the Department, use
due diligence to construct the secure prison within the stated time
frames.
5.2.1 It is understood that the CSC proposal was submitted and
contract award was made with the understanding that the
Town of Xxxxxxxx sewer system would serve the secure prison. On
November 5, 1996 CSC and the Department received notice from the Town
of Xxxxxxxx that there was not adequate capacity within the existing
sewer lines to accommodate the secure prison as well as other users
and, that until the problem was resolved by the Town of Xxxxxxxx, the
secure prison could not be connected to the sewer system. It is
mutually agreed that it is critical to both parties for this project
to progress in a timely manner. CSC will work with the Town of
Xxxxxxxx toward a solution that allows the secure prison to be
connected to the Xxxxxxxx sewer system. There shall be no costs to
the Department for CSC to rectify this problem.
5.2.2 The secure prison shall be constructed solely for the
purpose of housing and the treatment of inmates assigned to
the secure prison by the Department. CSC shall not house
other jurisdictions within the secure prison and shall not
in any way alter the size, configuration or mission of the
secure prison nor allow the perimeter fence of the secure
prison to be adjoined to another facility without a formal
amendment to this Agreement.
5.2.3 During the construction phase, CSC shall provide to the Department's
Contracts Administration Office via the assigned Department Monitor,
one copy of each approval required by statute or regulation received
from a regulatory agency and one
copy of each waiver granted.
5.2.4 When notified in writing by CSC that the secure prison is ready to
receive inmates, the Department shall transport a mutually agreed
number of inmates to the secure prison at agreed upon intervals.
CSC's written notice shall be directed to the Deputy Director, or
designee with a copy to the Department's Contracts Administration
Office.
5.2.4.1 The number of inmates delivered shall be determined by the Department
with consideration of the capability of CSC and the secure prison to accept the
inmates, e.g., receipt of certificate of substantial completion from CSC's
architect, prison capacity, adequate staffing levels, adequate security systems
and - inmate management services to accommodate the inmates.
5.2.5 Subsequent to initial occupancy, the Department shall deliver inmates
as CSC notifies the Department Monitor of availability of beds.
5.3 CSC shall maintain the secure prison in accordance with
existing federal, state and/or local building,, health,
safety and fire codes. The secure prison shall meet ACA Standards and
ADAAG as each is defined herein.
5.3.1 The Department shall not assume any expense for the maintenance of the
physical structure or any tangible personal property attached to or
contained within the secure boundaries and physical plant of the
prison.
5.3.1.1 If the secure prison is damaged or destroyed by fire or
acts of nature during the term of this Agreement, CSC shall be
responsible for all costs to rebuild, restore or repair the
secure prison, including costs to relocate and manage the
assigned inmates during repair or restoration. CSC relocation and
management of the assigned inmates shall be subject to Department
approval.
5.3.2 CSC shall be responsible for all costs to correct potential or real
risks as such relate to the secure prison structure or the secure
perimeter.
5.4 CSC shall provide buildings equipment, materials and personnel necessary for
the housing of assigned inmates as well as for the maintenance and repair of the
secure prison.
5.5 The Department shall have sole authority to determine: (i) which
inmates shall be assigned to the secure prison; and (ii) whether an
inmate shall be removed from the secure prison after initial
assignment. Such determinations may be based on, among other things,
the Department's inmate classification system, the screening criteria
relative to the secure prison, the committing- offense and the inmate's
ability to participate in CSC treatment program as each factor is
applicable to RTC or DUI inmates.
5.6 CSC's security manual, procedures and post orders as
required by Department Service Specifications, Objective
III. E. shall include at least:
5.6.1 A "secure" armory, i.e., hardened walls and ceiling, to store
non-lethal weapons, ammunition and chemical agents in compliance with
Department written instructions. Plans for hardening the armory shall
be subject to review by the Deputy Director prior to issuance of a
notice to proceed.
5.6.2 In accordance with the Department's Incident Management System, CSC
shall remain in control of the situation until relieved by the
Department.
5.6.2.1 Agreements with local law enforcement authorities may
be executed. The Agreements shall stipulate that such
authorities shall assist in providing outside perimeter security, but shall not
enter the secure prison to assist in controlling the inmate population. Such
Agreements shall be submitted to the Deputy Director, or designee; for review
and approval prior to execution.
5.6-2.2 Providers of firefighting and emergency medical services shall
have access to the secure prison during emergency situations as
requested by CSC and in accordance with CSC's security
requirements.
5.6.3 Direction to staff regarding the use of restraints and physical
force in accordance with the Department's Use of Force Policy in
relation to at least the following circumstances:
5.6.3.1 On the grounds of the secure prison
5.6.3.2 Supervising inmates outside the secure prison
5.6.3.3 At times of an escape
Inmate Management Services
5.7 CSC's institutional orders and post orders shall address each category
listed under Objectives III through VI of the Service Specifications.
Institutional orders and post orders regarding the inmate management
services identified below shall incorporate the requirements herein as
well as the requirements of Department written instructions.
5.8 Transportation - Eligible inmates shall be transported to
the secure prison by the Department. The Department shall
also transport any inmate(s) being returned to the
Department. CSC may be required to transport inmates who
are returned to the Department if the transportation does
not correspond to the Department's normal transportation
schedule.
5.8.1 Department or County Sheriff personnel shall transport inmates to the
appropriate Court jurisdiction relative to detainees for new charges.
5.8.2 Department staff shall transport inmates who are transferred from the
secure prison to increased custody within the Department prison
system.
5.8.3 CSC shall provide all other transportation services for inmates
assigned to the secure prison to include operational support of the
secure I e prison and transportation services described below:
5.8.3.1 Delivery and pick up of inmates assigned to outside work
assignments, unless the Department is able to negotiate alternate
transportation arrangements in agreement with outside entities.
5.8.3.2 Delivery and pick up of inmates for outside court, hospital,
medical, dental, mental health appointments, etc.
5.8.3.3 Emergency medical transportation.
5.8.3.4 Any other transportation needs of the secure prison.
5.9 Management Information System (communicating, inmate records, data
processing and information services). CSC shall emulate existing
Department computer equipment as described in the computer equipment as
authorized staff shall allow CSC Computerized Adult Information Men
(AIMS) relative to those inmates assigned to the secure prison. CSC's
computer hardware shall be located in a secure area of the prison to
ensure access only by personnel authorized by the Department. CSC shall
provide, at no cost to the Department: (i) one dedicated printer and
one check protector for the purposes of inmate banking,-; (ii) at least
one computer terminal to be used exclusively for inmate banking.
5.9.1 Prior to system access, CSC shall submit a listing of staff names for
security password clearance. Identified staff shall be required to
attend training provided by the Department relative to the basics of
AIMS. Only authorized staff of CSC shall be permitted to use AIMS.
5.9.1.1 Department MIS staff shall perform periodic audits
relative to system access.
5.9.2 Data contained in the Department's AIMS System shall not be
downloaded to CSC's independent information system.
5.9.3 The Department shall deliver special purpose records to the secure
prison at the time each inmate is delivered. Any document or
information maintained in the special purpose records which is also
maintained in the Department's official Master File is subject to the
same privacy and security regulations as the Department's Master
File.
5.9-3.1 CSC shall maintain confidentiality in accordance with
A.R.S. 31-221, Master Record File: information from other
agencies; confidentially of files as well as Paragraph 7 of the
General Provisions of this Agreement.
5.9-3.2 Special purpose records provided by the Department are to
be maintained in a locked and secure area with limited access in
accordance with Department written instructions.
5.9.4 The Department's special purpose records are transferred
through the correctional system with the inmate; therefore, CSC is
required to maintain such records in good order and in the format
required by Department written instructions. Upon an inmate's release
from the secure prison either by transfer to another Department shall
be returned to the Department.
5.9.5 CSC shall be required to maintain electronic data as well as manual
inmate records in accordance with Department written instructions.
The establishment and maintenance of inmates files (electronic or
hard copy), other than those specifically authorized by Department
written instructions, is prohibited.
5.9.6 CSC shall utilize the Department's Inmate Accounting System and shall
be accountable for inmate banking transactions from the date of
receipt of an inmate until the date the inmate is released from the
secure prison and the account is closed.
5.9.7 It is expressly understood that pursuant to Paragraphs 7
and 8 respectively of the General Provisions provided with
this Agreement and the requirements of A.R.S. 35-214, CSC
shall be required to ensure confidentiality of information
maintained. All source documents and other relevant hard
copy records relating to in-mate banking transactions shall
be maintained by CSC during the term of this Agreement, and
for five (5) years after the date of termination or
expiration of this Agreement.
5. 10 Inmate Work Activities
5.10.1 Prison Work Activities - Inmates assigned to the secure
prison shall be required to work in compliance with A.R.S. 31-251
Hard labor require of prisoners; labor classification; definition.
All prison work activities shall be performed within the perimeter of
the secure prison, except that the Department may consider,
consistent with Department written instructions, allowing selected
inmates to work outside the secure perimeter of the prison. CSC shall
comply with A.R.S. 31-251 by implementing a Prison Work Program
whereby jobs within the secure prison will be created for RTC and DUI
inmates.
5.10.1.1 The Department Monitor shall approve the jobs
identified in CSC's Prison Work Program and the allocation of
said jobs by skill level to ensure that each is in compliance
with Department objectives
regarding pay and work assignments. After initial approval of
jobs, skill levels and wages, changes shall not be initiated by
CSC without prior written approval of the Department Monitor.
5.10.1.2 Wages earned by inmates participating in the Prison Work Program
shall be in compliance with Department written instructions,
regarding inmate wages.
5.10.1.3 During the term of this Agreement, CSC shall process inmate
payroll sheets for payment of inmate wages on a bi-weekly basis
and in accordance with the inmate accounting system. All payroll
sheets are to be processed through the Department's Contract
Monitor for verification of payroll charges prior to submittal
to the CSC inmate banking technician.
5.10.1.4 Each month, during the term of this Agreement, a list of all jobs
within the CSC Prison Work Program shall accompany the second inmate payroll
request. The list shall indicate which jobs have been filled during the last
thirty-day period, total inmate wages earned for each job, and the average wage
earned for the thirty-day period. The list shall also identify any problems or
concerns CSC may have regarding the Prison Work Program in any given thirty-day
period. The Department Contract Monitor may request CSC to provide additional
information to verify that the CSC Prison Work Program is meeting the intent of
A.R.S. 31-251 and the mission of the secure prison.
The Department Monitor shall immediately advise the CSC Warden of concerns
identified in review of the monthly listing of inmate jobs, average pay or level
of work activity based on the content of the report or based on observation of
inmate performance as part of the routine monitoring of inmate activity within
the secure prison.
5.10.2 Inmate Work Agreements - Work activities authorized by multiparty
agreements between and among the Department, CSC and other entities
that will allow provision of inmate labor off the grounds of the
secure prison (A.R.S. 31252 or A.R.S 41-1624.01).
5.10-2.1 Entities interested in using DUI labor shall be
identified. Negotiations conducted by the Department
regarding such agreements shall include concerns of CSC.
The Department shall be responsible for preparation,
finalization and maintenance of all DUI inmate work
agreements generated in support of the secure prison. This does
not restrict CSC from seeking and developing work arrangements
for Department consideration.
5.10.2.2 CSC shall be responsible, if required by the terms of each inmate
work agreement, for providing security supervision,
transportation, lunches, etc., for such work activities.
5.10.2.3 CSC shall be responsible for ensuring the provision of medical
services for injuries or illnesses incurred by inmates while
participating in a work program, contracted or other-wise, unless
otherwise specified in an agreement.
Emergency medical services required due to an injury or illness that occurs at a
contracted work site may be provided or arranged for by the work Contractor in
order to protect the life or limb of an inmate.
5.11 Inmate Education Services shall be provided in accordance with
Department written instructions and the requirements set forth in the
Secure DUI Service Specification provided as Attachment #1 to RFP 6702.
5. 11. CSC shall ensure the availability of a certified GED
tester at no extra cost to the Department.
5.11.2 CSC shall be required to comply with the requirements of
A.R.S. 31-229, Functional Literacy Program: Evaluation;
Certificate: Exemptions; Wages; Definition
5.11.2.1 The Department shall administer an educational
evaluation in accordance with the requirements of A.R.S.
31-229, to include a standardized assessment test, prior
to assignment of an inmate to the secure prison.
5.11.3 CSC's education services for DUI inmates shall include, in addition
to the Functional Literacy Program, the following educational
components:
5.11.3.1 GED Preparation - To be provided to DUI inmates who do
not have a high school diploma or GED. The classes shall
be conducted by a DOE certified instructors
5.11-3.2 Life Skills - Classes shall be open-entry/exit and self-
paced.
5.11.3.3 Release Preparation - Classes shall be open-
entry/exit and self-paced.
5.11.4 During the term of this Agreement, CSC shall endeavor
to utilize the resources of a local Community College
District via contract or grant to enable District
instructors to provide the educational services described
herein, thereby affording more economical service to the
Department. CSC shall provide information as required by
Article IV, Paragraph 4.1.6 and Paragraphs 4.6 through
4.6.3.1 on all positions.
5.11.4.1 Any per them rate reduction as a result of utilizing Community
College District instructors shall not require a written
amendment.
5.11.5 Inmates shall not be paid for participation in the
Functional Literacy Program or any other educational program
provided by CSC.
5.12 shall be provided for all assigned inmates by CSC in accordance
with Department written instructions. An institutional chaplain or
equivalent shall be on duty eight (8) hours each Saturday and Sunday.
The chaplain shall be hired in accordance with the requirements of
Article IV, Recruitment Hiring
5.13 Inmate Clothing, including replacement clothing, shall be provided
by CSC in accordance with Department written instructions. Personal
clothing consistent with the referenced policy can be worn by assigned
Inmates.
5.13.1 The Department shall provide discharge allowance for clothing to
eligible inmates in accordance with Department written
instructions.
5.14 Food Services shall be provided. by CSC in accordance
with the requirements contained in RFP 6702.
5.14.1 CSC shall evaluate the food service delivery operation
within 60 days after the close of the first year of this
Agreement. The evaluation shall include an analysis, on a
monthly basis, of at least the following: number of meals
prepared, number of meals served, amount of waste, economy
of food usage, inmate complaints regarding food service,
quality of food content, menu content and the per meal
costs. The completed evaluation shall be provided to the
Department Monitor.
5.14-1.1 If the evaluation demonstrates the need for a
cost increase relative to the provision of food services,
said change shall be made in accordance with A.R.S. 41-
1609.01 E. and Article IX of this Agreement. If a need for a cost
decrease is presented, CSC shall provide the Department Monitor
with completed Fee Schedule and Budget Narrative forms provided
as Attachment #12 to this In Agreement, along with an explanation
of the decrease and the proposed reduced per them rates. The
Department Monitor shall forward the request to the Deputy
Director for approval/disapproval. A formal amendment shall not
be required for a cost decrease.
5.14.2 Meals shall be provided which follow the Department's six week
cyclical menus and that meet the Department's Standard Menu
Nutritional Guidelines. Department shall be used for all raw foods
used in preparation of meals. Changes relating to food specifications
and the cyclical menu must be approved by the Department in writing
prior to implementation excepting those infrequent situations where
unavoidable delays in shipments of food products require innovative
short-term actions by CSC. In these situations a report shall be
submitted to the Department Monitor for review. The Department's
specifications and menu shall be updated to reflect any approved long
term change. The Deputy Director shall approve/disapprove any
chances.
5.14.3 The Department reserves the right to require CSC to effect
changes in the food service operation at any time during the term of
this Agreement, if provided services are determined by the Department
to be inadequate.
5.15 earth Services shall be provided by CSC, to include medical,
optometric, dental, pharmaceutical and mental health
services. Health services shall be provided by the
subcontractor shown on Attachment #3 in accordance with: (i)
existing community standards of care and the requirements
contained herein; (ii) those requirements specified in RFP
6702; and (iii) Department written instructions relative to
the provision of Health Services which CSC has received from
the Department.
5.15.1 CSC shall provide Registered Nurses, to serve as the Head Nurse who shall
work 40 hours per week, on-site at the secure prison and shall be available on
call, 24 hours per day, 7 days per week to provide coverage of the secure prison
for emergency situations. Shift nurses may be Registered Nurses or Licensed
Practical Nurses. Nurses shall be trained in emergency First-Aid and possess Red
Cross, certification to perform Basic Life Support.
5.15.1.1 CSC shall ensure inmate access to non-emergency health
care a minimum of five (5) days per week. Inmates in detention
status shall have non-emergency health care available seven (7)
days per week.
5.15.1.2 Staffing patterns for providers of medical, optometric, dental
and mental health services shall be in accordance with Attachment
#1 and requirements set forth in Article IV of this Agreement,
Recruitment and Hiring. CSC shall provide a licensed clinical
psychologist to provide Mental Health Services.
5.15.1.3 CSC shall ensure that health service staff shall not be used to
collect urine samples for the purpose of testing for illegal
substances as part of the institution monitoring and surveillance
program.
5.15.1.4 CSC shall identify any inmate(s) who becomes seriously mentally
ill after assignment to the secure prison and advise the
Department Monitor who shall coordinate appropriate action with
Department health staff-relative to the identified inmate(s).
5.15.2 CSC shall ensure that, whenever possible, medications prescribed by
health providers shall comply with the Department's formally.
5.15.2.1 Medications shall be packaged either in unit dose, daily dose or
weekly amounts, depending upon the type of medication.
5.15.3 CSC shall enter into contracts with hospitals located within 30
minutes transport time from the secure prison in order to ensure the
availability of emergency services 24 hours per day, 7 days per week.
CSC shall ensure availability of services with a hospital capable of
providing a secure xxxx to house inmates in need of in-patient care
and treatment.
5.15.3.1 CSC shall, consistent with Departmental written instructions, be
responsible for providing security staff coverage at the hospital
for inmates transferred for in-patient or out-patient care.
5.15.4 CSC shall ensure availability of emergency medical
transportation to handle emergencies as they occur.
5.15.5 Medical records provided by the Department to CSC shall be
maintained in a secure, locked area.
5.15.5.1 CSC shall duplicate Department medical record forms for
inclusion in the inmate medical record while the inmate is
assigned to the secure prison.
5.15.5.2 Information contained in a medical record shall not be
released to I anyone who is not legally authorized to receive
it. Health and mental health records shall not be made available
to security staff.
5.15.6 Except for assigned RTC inmates, the Department shall
assume high cost health care in cases where CSC has
incurred costs which exceed $10,000 for a single diagnosis
per inmate per contract year. As used herein, "diagnosis"
shall mean the determination of the nature of a disease or
injury. Multiple diseases or injuries arising, from the
same event or root cause shall be considered a single
diagnosis, whether such diseases or injuries occur at the
same time or at separate times. An inmate whose health
care costs fall into the category of high cost shall be
returned to a Department institution or contracted medical
care facility after CSC has incurred cost in excess of
$10,000 as described above, or as soon thereafter as
feasible.
5.15.6.1 CSC shall pay for an inmate's "high cost health care"
(defined in Paragraph 5.15.6) up to $10,000 and return an invoice
reflecting any balance over $10,000 to the medical provider to
forward to the Department for payment.
5.15.6.2 Any non-emergency medical care for an inmate which
requires hospitalization shall require compliance with
the Department's outside review committee procedures and
meet the Constitutional mandate of the 8th and 14th
amendments. Prior to initiation of service delivery,
CSC's primary medical care provider shall participate in
the Department's Health Services Provider Orientation
Program.
5.15.6.3 Regarding RTC inmates, the Department shall pay for
costs of hospitalization of RTC inmates admitted after emergency
medical treatment and for medical costs of RTC inmates with
chronic conditions requiring regular medical examinations and/or
treatment. The Department shall assume supervision of RTC inmates
admitted to the hospital within eight (8) hours after admission.
For the purpose of this Agreement, the following conditions are
considered chronic: Cancer, Insulin Dependent Diabetes, Seizure
Disorders, Heart Disease, Respiratory Disease, Tuberculosis,
HIV/AIDS, Serious Mental Illness (as
defined by Department written instructions). The inmate's health
condition shall be determined by the Department's Health Service
staff.
5.15.7 CSC shall provide quality assurance and utilization review activities and
processes relative to the delivery of inmate health services as described in
Section 11 of CSC's proposal, Quality Assurance Program, page 16 of 18.
5.15.7.1 Statistical data relative to the utilization of health services shall
be -maintained by CSC who shall prescribe the collection of basic health, mental
health and dental service information, utilization, summary, program cost and
time distribution data.
5.15.8 CSC shall charge inmates for Healthcare services in accordance with
A.R.S.31-201.01 and Department written instructions.
5.16 Substance Abuse Treatment Services shall be provided by CSC.
Services shall be provided by qualified staff in accordance with the
guidelines and requirements stated in RFP 6702. Bilingual counselors
capable of providing services in Spanish and English using materials
provided in both languages shall be available in numbers required to be
effective with a 400 bed DUI prison population.
5.17 Inmate Welfare and Benefits Fund (W&B Fund) - the secure prison
shall have a W&B Fund managed by CSC to be used for the benefit of
assigned inmates. The account shall be funded from profits resulting
from the sale of commissary goods and from revenues received by CSC
from the Department's vendor for use of the inmate telephone system.
5.17.1 CSC shall manage the W&B Fund in a manner identical to the
manner in which the Special Services Fund is managed by the
Department and consistent with the provisions of written instructions
which govern the Special Services Fund.
5.17.1.1 Monies earned by CSC from the inmate telephone system shall be
forwarded from the vendor of the Department's inmate telephone
system directly to CSC for deposit in the W&B Fund.
5.17.1.2 Net income from the sale of commissary goods is to be
distributed to the W&B Fund as shown under Inmate commissary,
Paragraph 5.19.2.
5.17.1.3 At the conclusion of this Agreement, whether due to
expiration or termination, all remaining capital and inventorial
equipment which was purchased with W&B funds shall be transferred
to the Department.
5.17.2 CSC shall, at least ninety (90) days prior to acceptance of
the first inmate, submit for Department approval written
institutional orders supporting the management of the W&B Fund to
include directions relative to the use of a competitive bidding
procedure for purchases from the W&B Fund.
5.17.3 During the term of this Agreement, the Department shall review
all proposed CSC expenditures from the W&B Fund relative to
compliance with all related Department written instructions and to
assure that security and safety issues are not compromised by a
proposed purchase. Such review by the department shall not be
considered to be an approval of any purchase or of any fiscal issues
relating to the W&B Fund or purchases therefrom.
5.17.3.1 Costs for the operation of the inmate commissary may be paid by CSC
from the W&B Fund, e.g., salary costs of a Commissary Manager, equipment
required to provide commissary goods to inmates such as ice machines, freezer
boxes, etc.
5.17.3.2 Major purchases by CSC with W&B Funds shall require the use of
competitive sealed bidding processes that conform to standard
procurement practices. Major purchases are defined as:
Purchases estimated to cost in excess of $5,000, which shall
require multiple written quotations.
Purchases estimated to cost from $1,001 to $5,000 which shall
require multiple verbal or written quotations.
5.17.3.3 Purchases made with monies from the W&B Fund must conform to and
be consistent with the types of items authorized for purchase
from the Department's Special Services Fund.
5.17.4 After one year of operation, the financial status of the W&B Fund
shall be reviewed by CSC and the Department to determine whether
adequate funds are available to accommodate per them expenses in
the form of costs for recreational and library supplies and
equipment. If it is mutually agreed that adequate monies are
available within the W&B Fund to accommodate such expenses, the per
them
rates shown on Attachment #10 shall be reduced to reflect the
transfer of the expenses to the W&B Fund.
5.17.4.1 Any reduction in per them shall be verified by
submittal by CSC of revised Fee Schedule and Budget
Narrative forms, as provided by Attachment #12, to
reflect removal of such expense items from the per diem.
The completed Fee Schedule and Budget Narrative forms
shall be submitted to the Deputy Director, or designee
with a copy provided to the Contracts Administration
Office in accordance with time frames stipulated by the
Department.
5.17.4.2 The Deputy Director or designee shall review the CSC documents
and request, if necessary, additional information. A revised
Attachment #10 shall be prepared by the Contracts Administration
Office to reflect the mutually agreed
reduced per them rates.
5.17.4.3 The revised Attachment #10 shall replace the existing
Attachment; however, the former Attachment shall be
retained on file to reflect the former agreement. A
formal written amendment shall not be required to
accommodate a reduction in per them due to transfer of
expenses from per them to the W&B Fund, unless such
reduction impacts programmatic aspects of required
services. If required services are impacted, a formal
amendment as required by Article IX shall be required.
5.17.5 CSC shall provide to the Department's Administrator, Bureau of
Business & . Finance, all financial reports required by Department
written instructions. A copy of each report shall be provided to the
Department Monitor.
5.17.6 In the event this Agreement is terminated as permitted herein,
CSC shall return all funds deposited in the secure prison's W&B Fund
along with the close-out Special Services (A&R) Fund Report to the
Department at the following address:
Department of Corrections
Attn: Administrator, Bureau of Business & Finance
0000 Xxxx Xxxxxxxxx, X/X 000
Xxxxxxx, Xxxxxxx 00000
5.18 Inmate Telephone System - Inmates assigned to the secure prison shall
have access to an inmate telephone system. For reasons of security, the
same in-mate telephone system and vendor as used by the Department
shall be used by CSC.
Inmate telephone services shall be made available in a manner identical
to that described in Department written instructions.
5.18.1 Revenues earned as a result of CSC use of the inmate telephone
system shall be directed from the Department's vendor to CSC for
deposit in the W&B Fund to be used for the benefit of the assigned
inmates.
5.18.2 CSC shall, at least ninety (90) days prior to acceptance of
the first inmate, submit for Department approval written
institutional orders regarding the provision and use of the inmate
telephone system to include use of revenues received as a result of
use of the telephone system.
5.19 Inmate Commissary - Inmates shall have access to a commissary for
purchase of goods. Items sold in the commissary shall include items as
described in Department written instructions, but for reasons of
security, may not include any additional items.
5.19.1 The maximum allowable xxxx-up of goods for sale in the
commissary may not exceed ten percent (10%).
5.19.2 Net income from the sale of commissary goods shall be distributed as
follows:
5.19.2.1 Fifty percent (50%) for reimbursement to CSC for
initial commissary capitalization.
5.19.2.2 Fifty percent (50%) to the W&B Fund.
5.19.2.3 Upon reimbursement of CSC's initial commissary,
capitalization, 1 00 % of the net income earned. from the
sale of commissary goods shall be deposited to the W&B
Fund.
5.19.3 CSC may have access, through the Department's Central Office Purchasing
Manager, to State contracts for goods to be sold in the commissary. Use of State
contracts is not required and CSC may negotiate directly with suppliers in
accordance with Department written instructions and guidelines provided herein.
It is the expectation of the Department that commissary inventory shall be
purchased at the lowest possible cost.
5.19.4 At the conclusion of this Agreement, whether due to expiration or
termination, the remaining inventory in the commissary shall be
sold and the proceeds shall be directed to any remaining balance of
the initial
commissary capitalization. Revenues remaining from the inventory
liquidation shall be deposited in the W & B Fund, with the final
closing, balance of the W & B Fund to be transferred to the
Department's Central Office A&R Fund.
5.19.5 CSC shall, at least ninety (90) days prior to acceptance of
the first inmate, submit for Department approval written
institutional orders regarding inmate commissary operations to
include directions relative to the use of a competitive bidding
procedure for purchase of commissary goods.
5.20 Investigations of all alleged criminal activity involving
--------------
Department inmates assigned to the secure prison shall be
conducted by representatives of the Department's Inspections
and Investigations Division. The Department Monitor shall
be notified immediately by CSC of suspected criminal
activity. The Department Monitor shall be responsible for
subsequently notifying appropriate Department authorities
regarding the alleged activity.
5.20.1 All allegations of criminal activity relating to the
operation of the secure prison
or Department operations shall be investigated by the
Department in accordance
with A.R.S. 41-1604, et seq.
5.20.2 The Department shall conduct any investigation it deems
necessary involving Department inmates.
ARTICLE VI
PAYMENT OBLIGATIONS AND PROCEDURES/FINANCIAL REPORTS
6.1 Requirements Governing All Cost Increases
6.1.1 During the initial term of this Agreement (three [3]
years), price or cost adjustments may be made as
authorized by A.R.S. 41-1609.01 A. D., or E., and the
requirements set forth in Article IX.
6.1.2 If this Agreement is renewed as permitted by A.R.S. 41-
1609.01 L, any negotiated price or cost adjustment must be
authorized in accordance with A.R.S. 41-1609.01 D or E and
shall be formalized by written amendment as required by
Article IX.
6.2 Per Diem
6.2.1 The amount of per them paid per inmate shall be as
shown on Attachment #10.
6.2.1.1 The per them rate per RTC inmate shall be paid
for 200 beds regardless of the level of
occupancy.
6.2.1.2 The . amount of per them paid per DUI inmate shall be determined by
'a sliding scale as shown on Attachment #10 which is based on the @
average daily population during each billing cycle.
6.2.1.3 There shall be two billing cycles each month. The first cycle
shall cover the time period between the first of the month to the
15th day of that month. The second cycle shall be from the 16th
of the month to the last day of that month.
6.2.2 Per them shall be paid for the day an inmate is received by CSC, but
shall NOT be paid for the day an inmate is released from the secure
prison.
6.2.3 The Department receives separate appropriations for the privatization
of RTC and DUI prison beds. Therefore, during the term of the
Agreement, separate invoices requesting per them payment for RTC and
DUI inmates must be submitted within the time frames indicated below.
6.3 Invoices and Records
6.3.1 Twice each month within two (2) workdays after the end
of each billing cycle, CSC shall submit to the
Department separate invoices for payment of per them for RTC
and DUI inmates. If the two-day time period falls on a
weekend or holiday, the next workday shall be used. For the
purposes of this Agreement, workdays shall be Monday through
Friday, 8 a.m. to 5 p.m.
6.3.1.1 CSC shall use the invoice format entitled Per Diem Invoice as
shown in Attachment #7 to request payment of per diem.
Original invoices submitted by CSC shall be legible and in the appropriate
format as directed herein, otherwise they shall be returned to CSC to correct or
clarify. In such cases, the Department shall be under no obligation to adhere to
established time frames for payment set forth herein.
6.3.1.2 CSC shall forward the invoices and supporting detail to
the Department Monitor for verification.
6.3.1.3 The Department Monitor shall verify CSC's invoices and supporting
detail and forward all information to the Deputy Director, or
designee, for payment authorization, within two (2) working days
after receipt.
In the event of a discrepancy between the records of CSC and the Department, the
Department Monitor shall notify CSC of said discrepancy immediately after
verifying CSC's invoices and supporting detail. CSC and the Department shall
resolve the discrepancy by comparison and reconciliation of records. If
resolution cannot be achieved, the undisputed amount shall be paid. The disputed
amount shall not be paid until -mutual agreement is reached relative to the
discrepancy. The time period for payment of the disputed amount shall be waived
until the dispute is resolved.
6.3.1.4 The Deputy Director. or designee, shall authorize payment
within fifteen days after receipt and approval of CSC's
invoices, contingent upon services having been
satisfactorily provided. Warrants shall be made payable
to Correctional Services Corporation and sent to CSC at
the following- address:
Correctional Services Corporation
0000 Xxxx, Xxxxx 0000
Xxxxxxxx, Xxxxxxx 00000
6.4 Payment of Inmate Wages for Work Performed in CSC's Prison
Work Program
6.4.1 Inmate wages shall be paid in accordance with the
Department's written instructions. RTC and DUI wages for
prison work activities shall be tracked and invoiced
separately by CSC in order to develop an accurate wage
history for each population.
6.4.2 Prison Work Activities
6.4.2.1 For two years after CSC's receipt of the first inmate,
the Department shall, via WIPP appropriation, pay the
cost of wages earned by inmates assigned to the secure
prison and participating in the CSC prison work program.
After the first two years, CSC shall assume payment for
inmate wages.
Prior to the end of the second year of Department payment of inmate wages, the
Department and CSC shall negotiate an annual cost for inmate wages, based on the
wage history since CSC's receipt of the first inmate.
CSC shall submit a revised Fee Schedule and Budget Narrative forms as provided
by Attachment #12 to reflect the negotiated annual cost for CSC to pay wages for
inmates participating in the prison work program.
The increase in RTC and DUI per them rates shall be acknowledged by formal
written amendment iii accordance with Article IX of this Agreement. The increase
in per diem rates shall be effective two years after the anniversary date that
the first inmates was received by CSC, but shall not be initiated until after
the Amendment is executed. Any costs incurred by the Department for inmates
wages during the third year after CSC's receipt of the first inmate, shall be
taken as a monthly- credit
from per them payments to CSC after the amendment is executed and
the per them is adjusted.
Inmates are entitled to have wages earned posted to their account in accordance
with Department written instructions.
6.4.3 Inmate Work Agreements
6.4.3.1 Private Sector
- Contract entity(ies) shall pay for DUI labor
services at the rate specified by each inmate work
agreement per inmate hour worked. Procedures and
time frames related to payment shall be delineated
in each Agreement.
CSC shall receive payment from each contracting entity for wages earned for
inmate labor. Payments received shall be verified by CSC. If CSC finds a
discrepancy in the amount of payment, CSC shall resolve the discrepancy with the
contracting entity in accordance with the terms of the agreement.
Inmates are entitled to have wages earned posted to their account in accordance
with the Department's written instructions.
6.4.3.2 Public Sector
- In accordance with A.R.S. 31-255, as amended, DUI inmates may
keep a portion of wages earned from all work activities, i.e.,
labor provided to public entities via inmate work agreements.
An amount equal to thirty-three (33 %) percent of each inmate's wage shall be
deposited in the inmate's spendable account.
Public entities shall pay for DUI labor services at the rate
specified by each agreement per inmate hour worked. Procedures
and time frames related to payment shall be delineated in each
agreement.
CSC shall receive payment from public entities for wages earned for inmate
labor. Payments received shall be verified by CSC. If CSC finds a discrepancy in
the amount of payment, CSC shall resolve the discrepancy with the public entity
in accordance with the terms of the agreement. If no discrepancy is found, CSC
shall within ten (10) days after receipt of payment from a Contractor, send a
check equal to the entire amount of the payment to the Department made payable
to the "Arizona
Contract No: 6790
Continuation Sheet
Page 42
. Department of Corrections - Alcohol Abuse Treatment Fund".
Checks shall be sent to:
Department of Corrections
Health Services Business Xxxxxx
000 Xxxxx Xxxxx Xxxxxx, X/X 000
Xxxxxxx, Xxxxxxx 00000
CSC shall immediately notify the Department in writing when payments to assigned
inmates and the AATF will be delayed due to a discrepancy in payment from a
public entity.
CSC shall provide a payment detail shown by Attachment #6, entitled Inmate Time
Sheet, which shall accompany each check for deposit in the Fund. CSC may
computerize Attachment #6, but shall ensure that all required information is
provided.
CSC shall provide a copy of the Inmate Time Sheet to the Department Monitor on a
monthly basis.
6.5 Requirements of A.R.S. 31-201.01
6.5.1 In accordance with A.R.S. 31-201.01, inmates shall pay
a fixed fee for health care services received as
determined by the Department, but not to exceed $5.
Department written instructions, stipulates the current
charge inmates shall pay for health care. CSC shall
comply with the requirements of the referenced statute
and written instructions in charging, assigned inmates
for health services.
6.5.2 By the tenth (10th) workday each month, CSC shall send a check made
payable to the Department of Corrections Health Care Services for
monies paid by inmates for health care services received during the
preceding month. CSC shall ensure the Monthly Health Care Fees Report
provided in Attachment #7 accompanies each check to reflect monies
received and debited as required by the referenced policy.
Checks shall be sent to:
Department of Corrections
Attn: Administrator, Bureau of Business & Finance
0000 Xxxx Xxxxxxxxx, X/X 000
Xxxxxxx, Xxxxxxx 00000
6.6 Requirements of A.R.S. 31-239, Utility fees
6.6.1 A.R.S. 31-239, requires inmates who possess at least one
major electrical appliance to pay a fixed fee of $2.00 per
month for electricity usage. When Department written
instructions are executed, CSC shall comply with the
requirements of the referenced statute and Department
written instructions in charging assigned inmates for
electricity usage.
6.6.2 By the tenth,(10th) workday each month, CSC shall send a check
made payable to the. Department of Corrections for monies paid by
inmates for electricity usage incurred the previous month.
Department required reporting forms shall accompany each check to
reflect monies received and debited. Checks shall be sent to:
Department of Corrections
Attention: Administrator, Bureau of Business & Finance
0000 Xxxx Xxxxxxxxx, X/X 000
Xxxxxxx, Xxxxxxx 00000
6.7 CSC shall invoice the Department quarterly for reimbursement of
discharge allowance paid to eligible inmates in accordance with
Department written instructions.
6.7.1 Invoices requesting reimbursement shall be submitted by CSC
to the Department's Contract Monitor by the tenth work day
of October, January, April and July during the term of the
Agreement. Each invoice shall indicate the following,,
information relative to each inmate who received discharge
allowance: name of each inmate, Department assigned inmate
number, amount paid, purpose of payment (clothing,-, or
transportation) and date of discharge.
6.7.1.1 The Department Monitor shall verify the invoiced information and
submit the invoice to the Deputy Director, or designee for
authorization of payment.
6.7.2 The Department shall reimburse CSC for discharge allowance within
fifteen (15) workdays after receipt of invoice and verification of
supporting detail from the Department Monitor. Warrants for
reimbursement shall be made out to Correctional Services Corporation
and shall be sent to CSC at the address shown in Paragraph 6.3.1.4.
6.8 Costs To Be Paid By CSC
6.8.1 All costs incur-red in the acquisition, construction and
maintenance of the secure prison, including the
infrastructure, support systems and signage on roadways and at
the entrance to the secure prison regarding prison name,
warning to public, proper prison identification, etc.
All costs related to
tangible personal property attached to or contained
within the secure prison. (Refer to Articles
III. and V.)
6.8.2 All costs for remediation and/or correction to modify the secure
prison in order to comply with Department requirements and applicable
laws, rules, standards, codes and guidelines as specified in Articles
III and V.
6.8.3 All costs involved in the acquisition of an appropriately
executed performance bond. (Refer to Article VIII.) -
Contract No: 6790
Continuation Sheet
Page 44
6.8.4' All costs for personnel necessary to staff the secure prison in
accordance with the requirements of this Agreement.
(Refer to Article IV.)
6.8.5 All costs for housing inmates in accordance with the
requirements of this Agreement. (Refer to Article V.)
6.8.6 All costs to deliver services to the assigned inmate population
(Refer to Article V and the Service Specifications).
6.8.7 All costs relative to licensure as a security agency and
registration of staff as security officers. (Refer to
Article IV.)
6.8.8 The cost for fingerprinting non-security positions, to
include potential employees, volunteers, subcontractors,
independent contractors and the employees and agents of
subcontractors and independent contractors who will work at the
secure prison. (Refer to Article IV.)
6.8.9 All costs to duplicate or obtain Department forms used in
special purpose records.
6.8. 1 0 Department charges, as invoiced monthly, for the
following: (Refer to Article
IV.)
6.8.10.1 ACIC/NCIC background investigations for CSC's staff at
$4 per investigation.
6.8.10.2 Processing fingerprint cards for CSC's non-security
staff at $8 per card.
6.8.10.3 In accordance with paragraphs 6.8.10.1 and 6.8.10.2, a charge of
$12 per individual for the Department to conduct ACIC/NCIC
background investigations and process fingerprint cards for CSC's
staff.
6.8.10.4 Costs relative to CSC's inmate banking activities,
e.g., checks and banking supplies, etc.
6.8.10.5 CSC shall pay the charges by the tenth (10th) workday each month
by check made payable to the Department of Corrections and sent
to:
Department of Corrections
Attn: Business Administrator
Prison Operations
0000 Xxxx Xxxxxxxxx
Xxxxxxx, Xxxxxxx 00000
6.8. 1 l-' All costs to provide three (3) personal
computers with emulations cards to allow access to AIMS and
one dedicated printer, one check protector and one radio
tuned to the frequency of the secure prison.
6.8.12 All costs associated with increasing availability of health
providers if waiting times are determined to be excessive by the
Deputy Director, Health Services.
(Refer to Article IV.)
6.8.13 All costs associated with rebuilding, restoring or repairing
the secure prison, including costs to move assigned inmates, if
applicable, in the event of damage to or destruction of the secure
prison caused by disturbances, fire or acts of nature during the term
of this Agreement.
(Refer to Article V.)
6.8.14 All costs required to correct any potential or real security
risk in the secure prison structure or secure perimeter. (Refer to
Article V.)
6.8.15 Two years after receipt of the first inmate, costs
for wages earned by inmates' participation in the CSC
prison work program. (Refer to Article VI)
6.8.16 Costs for Department provision of staff training
requested by CSC in excess of required levels relative to
Specialty Training Topics. (Refer to Article IV)
6.8.17 All costs for emergency, public safety or security services
provided to CSC by the State or any political subdivision of the
State.
6.8.18 Costs for DUI and RTC inmate medical care except as described in
paragraphs 5.15.6, 6.9.1 and 6.9.2.
6.8.19 Negotiated costs related to the connection of the secure
prison to the Town of Xxxxxxxx sewer system (Refer to Article V).
6.8.20 Any other costs indicated in this Agreement as a
cost applicable to CSC but not listed here.
6.9 Costs To Be Paid By The Department
6.9.1 High (catastrophic) health costs for inmates for a single
diagnosis that exceeds $10,000 per inmate per contract year.
(Refer to Article V.)
6.9.2 Health Costs for hospitalization of RTC inmates admitted after
emergency medical treatment and medical costs for RTC inmates with
chronic conditions requiring regular examinations and/or treatment.
For the purpose of this Agreement, the following conditions are
considered chronic: Cancer, Insulin Dependent Diabetes, Seizure
Disorders, Heart Disease, Respiratory Disease, Tuberculosis,
HIV/AIDS, Serious Mental Illness (as defined by written
instructions). The inmate's health condition shall be determined by
the Department's Health Services staff.
Contract No: 6790
Continuation Sheet
Page 46
6.9.3
Inmate wage reimbursement, as invoiced by CSC, for two years after-CSC's receipt
of the first inmate.
6.9.4 Discharge allowance reimbursement, as invoiced by
CSC and approved by the Department.
6.9.5 Negotiated costs related to connection of the secure prison to
the Town of Xxxxxxxx sewer system (Refer to Article V).
6.10 A.R.S. 41-1609.01 D
6.10.1 ANNUAL price or cost adjustments authorized in accordance
with Article IX shall be paid in the form of an increased
per them rate as specified by each executed amendment.
6.11 A.R.S. 41-1609.01 E
6.11.1
CostorpriceadjustmentsauthorizedinaccordancewithAr
ticleIXshallbepaid in the form of an increased per them
rate as specified by each executed amendment.
6.12 Financial Reports
6.12.1 In accordance with A.R.S. 41-1609 M.l., CSC shall
provide audited and unaudited financial statements to
the Department. Audited financial statements shall be
due on or before March 31 annually. The unaudited
financial statements shall be provided on a quarterly
basis beginning on or before March 31. Audited
statements shall include, at a minimum, income
statements and balance sheets for the previous
calendar year. Unaudited statements shall include, at
a minimum, income statements and balance sheets for
the previous quarter.
6.12.2 The Department shall have the right to request additional financial
data in order to obtain information deemed necessary.
6.12.3 CSC shall provide two (2) copies of the audited financial statements
to the Department Monitor. The Monitor shall forward one complete
copy each to the Deputy Director and the Administrator, Bureau of
Business and Finance.
ARTICLE VII
CONTRACT MONITORING/PERFORMANCE EVALUATION
7.1 The Department shall monitor CSC's performance to ensure compliance with
all contract provisions and applicable Department written instructions,
Administrative Rules, guidelines, specifications, Court Orders and
Decrees as each are addressed within the Department's system of written
instructions.
7.1.1 CSC shall, via its assigned Prison Warden, ensure routine
monitoring of service delivered, to include monitoring of
subcontracted services. Such monitoring
Contract No: 6790
Continuation Sheet
Page' 47
activities shall include documenting noted deficiencies and requesting
corrective action to ensure that at least the minimum service requirements
specified by this Agreement are met.
7.1.2 The Department shall conduct inspections in accordance with
Department written instructions.
7.1.3 The Department shall establish a Health Advisory Committee comprised
of a Facility Health Administrator (FHA), a health provider, a dental
provider, a nurse, a mental health provider and a medical records
representative. CSC expressly acknowledges that this activity does
not relieve CSC of the responsibility for the delivery of health care
to assigned inmates. The Committee shall at least:
7.1.3.1 Review documented justification for CSC's referrals for
outside medical consultations.
7.1.3.2 Review staffing patterns relating to patient waiting
times to be seen by health providers/dentists.
7.1.3.3 Make recommendations requiring changes, as appropriate.
7.1.4 Monitoring activities shall be conducted with timely notice to CSC.
The secure prison's program operation, as well as records related to
this Agreement may be included in monitoring activities.
7.1.4.1 Guidelines detailing criteria and scope of monitoring activities
shall be provided to CSC prior to delivery of the first inmate to
the secure prison and subsequently as changes occur.
7.1.4.2 The Department shall, subject to limitations provided by
law with respect to rights of privacy, have the right to
reasonably prompt access to examine and receive copies,
if requested, of all records of CSC related to the secure
prison, including without limitation, all financial books
and records, maintenance records, employee records, and
inmate records generated by CSC and its subcontractors or
independent contractors, in connection with the
performance of this Agreement.
7.1.5 The results of monitoring/inspecting activities conducted
by the Department shall be made known to CSC in writing by
the Department's Monitor. If noncompliance issues are
noted during a monitoring activity,, each shall be
specifically identified and corrective action shall be
recommended with a time frame specified to achieve
compliance. CSC shall be required to . respond within the
specified time frame or indicate in writing to the
Department's Contract Monitor why compliance cannot be
achieved within the specified time frame and offer an
alternative to meet the -objective.
7.2 The Department shall assign up to four staff members to monitor
contract services on a daily basis and coordinate all necessary
activities relevant to CSC and Department
responsibilities. Department contract monitoring staff shall be
physically located at the secure prison on a full time basis. Each
staff member shall be provided with approximately 144 square feet of
work space.
7.3 Twelve (12) months after CSC's receipt of the first inmates,
the Department shall begin to gather information related to
the performance of the secure prison as required by A.R.S.
41-1609.01 K. and L. The information shall be used for a
comparative analysis of the secure prison to level II units
within the Department. The comparison shall include at
least the following analytical factors:
7.3.1 The nature of the inmates in the facilities.
7.3.2 Whether the facilities meet professional standards.
7.3.3 The level of training provided to the staff and the level
of training accomplished by the staff.
7.3.4 The number and nature of complaints against the staff.
7.3.5 The number and nature of violent or other disruptive
incidents among inmates or against staff.
7.3.6 The number of escapes and attempted escapes.
7.3.7 The number and nature of disciplinary actions against
inmates and staff.
7.3.8 The number of inmates productively active, the level of
productivity and the nature of the activity provided to
inmates.
7.3.9 The rate at which inmates complete programs successfully.
7.3. 10 Other matters related to the quality of services
provided.
ARTICLE VIII
PERFORMANCE BOND/INSURANCE/INDEMNIFICATION
Performance Bond
8.1 CSC shall provide a Performance Bond for the term of this Agreement
based on the projected annual per them cost calculated as indicated
below.
8.1.1 Prior to execution of this Agreement (see Article II) and until
receipt of the first inmate, CSC shall provide a Performance Bond
equal to 10% of the projected annual per them cost ($731,095). Upon
receipt of the first inmate, the value of the Performance Bond shall
be increased to 100% of the projected annual per them cost
($7,310,950).
8.1.2 Thereafter, no later than the anniversary of the date of Agreement
execution, the Performance Bond shall be adjusted annually in
accordance with Paragraph 8.1.5. Failure of CSC to provide the
initial Performance Bond shall result in
Contract No: 6790
Continuation Sheet
Page -49
default and termination of this Agreement. Subsequent failure by CSC -to post
the Bond equal to subsequent yearly per them costs by no later than the
anniversary of the date of Agreement execution, may result in default and
termination of the Agreement.
. 8.1.3 The Performance Bond shall be of a standard commercial scope
and shall be issued by a surety company authorized by the Director of
the Arizona Department of Insurance pursuant to Title 20, Chapter 2,
Article 1 to transact business in Arizona.
8.1.4 The Performance Bond shall be in a form acceptable to the State and
shall be payable to the Department of Corrections, an agency of the
State of Arizona.
8.1.5 To calculate the annual per them cost for the initial twelve (12)
month term of the Agreement, i.e., from the date of Agreement
execution until the anniversary of the date of execution, the per
them rates of $35.40 per day for 400 DUI inmates and $29.35 per day
for 200 RTC inmates for 365 days shall be used.
8.1.5.1 Subsequent calculations for the annual per them cost shall be
based on the Department's then current per them rate for 400 DUI
and 200 RTC inmates for 365 days.
8.1.6 The proceeds from the bond shall be used to pay: (i) excess costs
incurred by the Department to reprocure services if the secure prison
is not constructed within the time frames specified herein; or (ii)
Department expenses to reprocure services or to relocate inmates
assigned to the secure prison if this Agreement is terminated due to
an Event of Default by CSC.
Insurance
8.2 In accordance with A.R.S. 41-1609.01 M.2., CSC shall provide a plan of
insurance as required by this Agreement and approved by the State's
Department of Administration, Risk Management Unit (Risk Management).
8.2.1 Without limiting any liabilities or any other obligations of CSC, CSC
shall provide and maintain and cause its subcontractors to provide
and maintain insurance coverage with forms and insurers acceptable to
the State, until all obligations under this Agreement are satisfied.
8.2.2 Unless otherwise stated herein the policies shall name the
State of Arizona and the Department of Corrections as additional
insured as required by the General Provisions and Attachment #8 of
this Agreement. The policies shall specify that the insurance
afforded CSC shall be primary insurance and that-any insurance
coverage carried by the State, the Department or its employees shall
be excess coverage, except as provided by State law, and not
contributory insurance to that provided by the State/Department.
Contract No: 6790
Continuation Sheet
Page -50
8.2.3 ' Failure on the part of CSC during the term of this
Agreement to acquire and maintain the liability and
property insurance and fidelity bond required by
Attachment #8, and provide proof thereof to the Department
within thirty (30) days following the commencement of a
new policy period, shall constitute a material breach of
this Agreement upon which the Department may immediately
terminate this Agreement.
8.2.4 Required insurance coverage as shown on Attachment #8 shall be in
effect on the date of execution of this Agreement. Within five (5)
days after execution of this Agreement, CSC shall, in order to verify
required coverages, provide certified copies of insurance policies
and endorsements to Risk Management and appropriately executed
certificates of insurance to the Department.
8.2.4.1 CSC shall ensure that the subcontractor authorized by
Attachment #3 acquires and maintains Workers' Compensation
insurance as well as professional liability insurance
coverage as each coverage is required by Attachment #8.
CSC shall ensure that appropriately executed certificates
of insurance and certified copies of insurance policies
for the subcontractor are provided to the Department and
Risk Management as directed by Paragraph 8.2.4 above.
8.2.4.2 Final approval by Risk Management of CSC's insurance plan (to
include coverages required for the subcontractor) shall be
contingent on acceptance of the submitted certified insurance
policies.
8.2.4.3 If, during the term of this Agreement, other subcontractors are
authorized to provide services, CSC shall ensure that required
coverages, certificates and policies are provided to the Department
and Risk Management as specified above. Approval by Risk Management
is required relative to insurance coverages for any subcontractor
prior to provision of any service by the subcontractor(s).
8.2.5 CSC shall ensure that the CSC architect/engineer and
construction contractor provide at least those coverages
specified below relative to their respective operations and
activities. Certificates of insurance for each required
policy shall reflect that CSC and the Department of
Corrections are certificate holders and that each are
additional insureds on each policy, except Workers'
Compensation. Copies of appropriately executed
Certificates of Insurance shall be provided to the
Department within five days after execution of this
Agreement.
8.2.5.1 Workers' Compensation insurance to cover obligations imposed by
Federal and State statutes having jurisdiction over their
employees engaged in the performance of the services and
Employer's Liability insurance with a minimum limit of one
hundred thousand dollars ($100,000).
8.2.5.2 Commercial general liability insurance with a minimum
combined single limit of one million dollars ($1,000,000)
each occurrence. The policy shall include coverage for
bodily injury, personal injury,
Contract No: 6790
Continuation Sheet
Page 51
broad form property damage, blanket contractual, contractor's , protective and
products and completed operations.
8.2.5.3 Comprehensive automobile liability insurance with a combined
single limit for bodily injury and property damage of not less
than one million dollars ($1,000,000) each occurrence with
respect to CSC's vehicles (whether owned, hired, non-owned),
assigned to or utilized in the performance of this Agreement.
8.2.5.4 Professional liability insurance with limits of one
million dollars ($1,000,000) each claim.
Indemnification
8.3 The Department shall remain solely responsible for all
litigation, losses and costs that
are: (i) unrelated to the operations of the secure prison; and
(ii) the result of claims or litigation pending against the
Department at the time this Agreement is executed, or arising
thereafter from occurrences that took place prior to the
execution date of this Agreement. Nothing contained in this
paragraph shall in any way abrogate, modify or mitigate any
obligation of CSC under this Agreement to comply with Court
Orders/Decrees or other requirements imposed on CSC by the terms
of this Agreement.
8.4 CSC shall defend, indemnify and hold harmless the Department
and the State of Arizona from any claim, demand, suit,
liability, judgment and expense including attorney's fees and
other costs of litigation) arising- out of or relating to
injury, disease, or death of persons or violation of civil
rights, or damage to or loss of property resulting from or in
connection with the negligent performance of this Agreement
by CSC, its agents, employees, and subcontractors or any one
for whom CSC may be responsible. The obligations,
indemnities and liabilities assumed by CSC under this
paragraph shall not extend to any liability caused by the
negligence of the State or its employees or the Department
and its employees. CSC's liability shall not be limited by
any provisions or limits of insurance set forth in this
Agreement. The State shall reasonably notify CSC of any
claim for which it may be liable under this paragraph.
8.5 Neither the Department nor CSC shall waive, release, or
otherwise forfeit any possible defense the Department or CSC
may have without the consent of the other party relative to
claims arising from or made in connection with the operation
of the secure prison by CSC. The Department and CSC shall
preserve all such available defenses and cooperate with each
other to make such defenses available for each other's
benefit to the maximum extent allowed by law.
8.6 CSC shall defend, indemnify and hold harmless the State and
the Department against any liability, including costs and
expenses, for infringement of any patent,. trademark or
copyright arising from the performance of this Agreement, or
for the use by the State or the Department of materials
furnished or work performed under this Agreement. The State
or the Department shall reasonably notify CSC of any claim
for which it may be liable under this paragraph.
8.7 Except as required by;A.R.S 41-1609.02 M.2., pertaining to
Contractor adequately providing a plan of insurance,
specifically including coverage or insurance for civil
rights claims and liabilities, CSC shall have no obligation
to insure, defend, indemnify or hold harmless the Department
or the State of Arizona from any claim, demand, suit,
liability, judgment or expense (including,, attorney fees
and other costs of litigation) arising out of or relating to
any Department Order, Court Order, Administrative Rule,
Federal or State requirement of law, which governs CSC
relative to the custody and supervision of inmates, and are
hereinafter referred to as Imposed Requirements. The State
of Arizona and the Department shall defend, indemnify and
save harmless CSC from any claims, demands, suit, liability,
judgment or expense (including, attorney fees and other
costs of litigation) arising out of or relating to such
Imposed Requirements. This paragraph shall not obligate the
State of Arizona or the Department to defend, indemnify or
save harmless CSC from: (i) any negligence described in
paragraph 8.4 above; (ii) its conduct in performing this
Agreement apart from Imposed Requirements; or (iii)
liability claims of third parties arising- from the
Department's participation in the hiring and the staff
training process set forth in Article IV herein.
8.8 CSC shall protect, defend, indemnify and hold harmless the
Department from and against all liabilities, costs, charges
and expenses, including attorneys' fees and court costs and
other costs arising out of, or related to, the presence of,
or existence of any substance regulated under any applicable
federal, state or local environmental laws, regulations or
ordinances or amendments thereto because of: (i) any
substance that came to be located in or on the premises on
which the secure prison is located resulting from any use or
occupancy of the lands by CSC before or after the issuance
of the Agreement; or (ii) any release, threatened release,
escape, substance in, on, under, or from said premises in or
on which the secure prison is located that is caused, in
whole or in part, by any conduct, actions or negligence of
CSC, regardless of when such substance came to be located in
or on the premises where the secure prison is located.
8.8.1 For the purposes of this Agreement, the term "regulated
substance" shall include substances defined as "regulated
substances," "hazardous waste," "hazardous substances,"
"hazardous materials," "toxic substance" or "pesticides" in
the Resource Conservation and Recovery Act, as amended by
the Hazardous and Solid Waste Amendments of 1984, the
Comprehensive Environmental Response, Compensation and
Liability Act, the Hazardous Materials Transportation Act,
the Toxic Substance Control Act, the Federal Insecticide,
Fungicide and Rodenticide Act, the relevant local and state
environmental laws, and the regulations, rules and
ordinances adopted and publications promulgated pursuant to
the local, state and federal laws. This indemnification
shall include, without limitation, claims or damages arising
out of any violations of applicable environmental laws,
regulations, ordinances or subdivisions thereof, regardless
of any real or alleged strict liability on the part of CSC.
This environmental indemnity shall not be limited by the
limits of any insurance policy held by or for the benefit of
CSC. The environmental indemnity shall survive the
expiration or termination of this Agreement and/or any
transfer of all or any portion of the premises in or on
which the secure prison is located and shall be governed by
the laws of the State of Arizona.
8.8.2 In the event any such action or claim is brought or
asserted against CSC, the Department shall have the right,
subject to the right of CSC, to participate with CSC as
follows: (i) in making all final decisions with respect to
CSC's liability for claims or damages, (ii) in conducting of any
further required cleanup, removal or remedial actions and/or
negotiation and defense of any claim indemnifiable under this
environmental indemnity provision,
having reasonable regard to the continuing conduct of the
operation/business of the secure prison located in and on the
premises and (iii) in negotiating and finalizing any agreement or
settlement with respect to any such claim or cleanup.
8.9 Neither CSC nor its insurer(s) may plead the defense of
sovereign immunity in any action arising out of the
performance of this Agreement.
ARTICLE IX
NOTICES AND AMENDMENTS
Notices
9.1 Any and all notices, requests or demands, including those
relative to default and termination, given or made upon the
par-ties hereto pursuant to or in connection with this
Agreement, unless otherwise noted, shall be delivered in
person or sent by United States Mail, postage prepaid to the
par-ties at their respective addresses as indicated on the
signature page of this document as well as to the Department
Monitor located at the secure prison and to the Department's
Contracts Administration Office at the address shown below.
Department of Corrections
Attention: Contracts Administrator 0000
Xxxx Xxxxxxxxx, X/X 000,
Xxxxxxx, Xxxxxxx 00000
9.2 Changes to the Agreement to accomplish the following may be handled by
written notice rather than formal amendment. All other changes shall be
accomplished by formal amendment, signed by all parties and reviewed by
the JLBC (see paragraph 9.3).
Notices regarding the below listed change actions shall, in addition to
the signatories indicated on the signature page
of this Agreement, be sent to the Department Monitor and the
Department's Contracts Administration Office as indicated
above.
9.2.1 Chance of address of CSC or the Department.
9.2.2 Change of CSC or Department authorized signatory, or
designee. (Unless such change impacts respective
obligations under this Agreement.)
9.2.3 Change in the name or address of the person(s) to whom
notices are to be sent.
9.2.4 Changes in the name or address where invoices are to be
sent. .'
9.2.5 Changes to Attachments to this Agreement as long as a change does not
require a price or cost increase or impact obligations under this
Agreement.
Contract No: 6790
Continuation Sheet
Page 54
Amendments
9.3 All amendments to this Agreement shall be prepared,
finalized and maintained by the Department's Contracts
Administration Office. All amendments shall be reviewed by
the JLBC in accordance with A.R.S. 41-1609.01 A.
9.3.1 Amendments regarding ANNUAL cost or price increases that
are approved by the Department and funded by the
Legislature in accordance with A.R.S. 41-
1609.01 E. shall be effective on the anniversary date of
this Agreement, i.e.,
the anniversary of the date CSC received the first
Department inmate.
9.3.2 Amendments regarding issues OTHER than annual cost or price
increases shall be effective when all signatures are affixed, or on a
later date as specified in each amendment.
9.3.3 The Department shall not entertain requests from CSC
regarding amendments for cost increases due to construction
related activities as such activities are
identified herein as the responsibility of CSC. During-
the term of this Agreement, to include the period of
renewal, CSC shall not submit a request for a per them
increase for construction related expenses unless the
Department identifies requirements beyond those identified
in RFP 6702 and shown on the plans, specifications and
final blueprints prepared by the CSC architect.
9.3.4 One original of each executed amendment shall be provided to CSC by
the Department's Contracts Administration Office within ten (10)
workdays after execution.
9.4 Each request from CSC to amend this Agreement shall be
submitted in writing to the Deputy Director, or designee with
a copy to the Contracts Administration Office. Written
documentation describing the reason for an amendment shall
accompany each request. Requests for modifications or
changes relative to increases in CSC's operating or
management costs shall be accompanied by completed Fee
Schedule and Budget Narrative Forms as provided by Attachment
#12 to justify such requests.
9.4.1 The Department shall have the right to request and receive additional
information, statistics, etc. and to direct the content, form and
format of the additional information as it deems necessary to validate
CSC's request for an amendment.
9.4.1.1 If, after two (2) consecutive requests for additional
documentation relative to a requested amendment the same cost
adjustment, CSC fails to provide the content, form, or format as
requested by the Department, the request for a cost increase may
be denied.
9.4.1.2 Failure by CSC to provide all required or requested information
in a timely manner, thereby delaying Department action beyond the
upcoming anniversary date, shall nullify the amendment request
for the new annual period.
9.4.1.3 If CSC's request is found to be justified, Department
caused-delays , shall not nullify approving action by the
Department after the anniversary date. The parameters of the
executed amendment shall be retroactive to the anniversary date.
9.5 In accordance with A.R.S. 41-1609.01 D., annual price or cost
adjustments may be provided to CSC, except that an adjustment (increase)
may be made only once each year effective on the anniversary date of the
Agreement.
9.5.1 CSC must submit a request for an annual price or cost increase to the
Department Monitor at least six (6) months prior to the anniversary
date of this Agreement. Requests must be accompanied by supporting
information as indicated in Paragraph 9.4 et. seq.
9.5.2 If an annual cost or price increase is authorized, it shall
be paid to CSC in the form of a revised per them rate to be
paid per inmate. The amount of the adjustment shall not
exceed the percent of change in the average consumer price
index (CPI) established for the most recent calendar year
as published by the United States Department of Labor,
Bureau of Labor Statistics, not to exceed the Department's
then current per them rate.
9.5.2.1 The "base" upon which increases will be calculated shall be the
total amount paid in per them by the Department to CSC for RTC
and DUI inmates during the last previous contract year.
A contract year is twelve (12) months in length.
The first contract year shall begin on the date CSC receives the first
Department inmate and shall continue for the next twelve months until the
anniversary of the date the first Department inmate was assigned to the secure
prison. The anniversary date shall xxxx the beginning of each ensuing contract
year.
9.5.2.2 The base shall be multiplied by a percentage not to exceed the
CPI specified above. The resulting product shall be calculated to
reflect a new daily rate based on 400 DUI and 200 RTC inmates.
Attachment #10 shall be revised to reflect new per them rates.
9.5.3 Annual cost or price adjustments (increases) approved by the Director
and Deputy Director, shall be acknowledged by formal amendment to
this Agreement in the manner set forth in this Article.
9.6 Subsequent to execution of this Agreement (See Article II), circumstances
may dictate that CSC bear additional costs relative to operation and management
services in order to be in compliance with new Court Orders/Decrees or laws
applicable to the Department or with newly issued written instructions. Requests
from CSC for modifications or changes which address the impact of such
additional costs shall be received within sixty (60) days after CSC's
implementation of the new requirement. The Department's then current per them
rate shall not be exceeded when requesting per them increases, due to additional
costs.
9.6.1 Requests from CSC must be accompanied by supporting-
information as indicated in Paragraph 9.4 et seq.
9.6.2 In accordance with A.R.S. 41-1609.01 E., Department
supported cost or price increases shall be promptly
presented to the JLBC for review. The Department shall use
its best efforts to support each cost or price increase.
The Department may support CSC's request for retroactive
payment depending upon the individual circumstances related to each
request for cost increase.
9.6.2.1 Any cost or price increase shall be acknowledged by formal
amendment to this Agreement in the manner set forth in this
Article.
9.7 While the Contractor has the right to request increases as described in
Paragraphs 9.5 and 9.6, any increase is contingent upon availability of
appropriated dollars.
ARTICLE X
DEFAULT
10.1 Each of the following may constitute an Event of Default
(Default) on the part of CSC.
10. 1. 1 A material failure to keep, observe, perform, meet
or comply with any covenant, agreement, term or provision of
this Agreement when such failure continues for a period of
twenty (20) days, unless otherwise stated herein, after CSC
has received written notice thereof.
10. 1.2 Failure to observe, perform, meet, or comply with
any covenant, agreement, term, or provision requiring an
action within a specified time frame.
10.1.3 A material failure to meet or comply with any Court Order, Federal or
State requirement or law, Administrative Rule, Department Order, etc.
for which CSC has not received a prior written waiver from the
Department when such failure continues for a period of twenty (20)
days after CSC has received written notice thereof.
10.1.3.1 A failure to provide a facility that is in full
compliance with Americans with Disabilities Act
Accessibility Guidelines (ADAAG).
10. 1.4 A failure to maintain the secure prison and related
infrastructure and support systems in compliance with all
Federal and State codes, rules and regulations.
10.1.4.1 CSC shall immediately provide copies of notices received
regarding violations of Federal, State or local codes, rules and
regulations relative to building, fire, health or safety codes
and ADAAG. Copies of all notices shall be provided in accordance
with Article IX, Paragraph 9.1.
Violations as described in 10.1.4.1 that affect the immediate
health or safety of staff or assigned inmates, e.g., food preparation, water or
sewer contamination, gas leak, etc., shall be rectified, at least on a temporary
basis, within two (2) hours after CSC becomes aware of the violation or
deficiency. CSC shall provide verbal notice of the violation(s) to the
Department's Contract Monitor immediately and provide copies of relevant
Significant Incident Reports (SIRs).
Within four (4) hours after becoming aware of a violation or deficiency
that affects the immediate health or safety of staff or assigned inmates, CSC
shall provide an information report to the Department Monitor describing at
least the nature and scope of the problem, proposed plan to cure the problem to
include the anticipated time frame to complete remedial action.
The Department shall, within two (2) hours after receipt of the information
report, advise CSC of acceptance or rejection of the plan and whether an
Event(s) of Default will be declared in accordance with Article X based on facts
presented.
Violations or deficiencies of codes, rules and regulations as
described in 10. 1. 4. 1 that do not pose an immediate threat to the
life and safety of the staff or assigned inmates shall be corrected
within twenty (20) days after the violation or deficiency becomes
known to CSC. Failure to comply may result in an Event(s) of Default
being declared in accordance with Article X.
10. 1. 5 Written admission by CSC of its inability to:
10.1.5.1 Pay its debts.
10.1.5.2 Make a general assignment for the benefit of
creditors.
10.1.5.3 Suffer a decree or order appointing a receiver or trustee for it
or substantially all of its property to be entered and, if
entered without its consent, not to be stayed or discharged
within sixty (60) days.
10.1.5.4 Suffer proceedings under any law relating to bankruptcy,
insolvency, or the reorganization or relief of debtors to be
instituted by or against it and, if contested by it, not to be
dismissed or stayed within sixty (60) days.
10.1.5.5 Suffer any judgment, writ of attachment or execution, or any
similar process to be issued or levied against a substantial part
of its property which is not released, stayed, bonded or vacated
within sixty (60) days after.
issue or levy.
10. 1. 6 The discovery by the Department that any statement,
representation or warranty made by CSC is false, misleading or
erroneous in any material respect.
10. 1.7 Failure by CSC to maintain any performance bond or
insurance required by this Agreement.
10.2 If a Default as outlined in Paragraphs 1 0. 1. 1 through 10.
1. 7 occurs and CSC reasonably believes that such Default
cannot be cured within the specified twenty (20) day time
period, but does believe that through diligent, ongoing and
conscientious effort, the Default can be cured within a
reasonable time period not to exceed six (6) months, CSC
may, within the twenty (20) day time period, submit a plan
for curing the Default to the Deputy Director, or designee.
CSC's submitted plan shall indicate in detail how CSC proposes to cure
the Default.
10.2.1 Upon receipt of any such plan submitted by CSC, the Deputy
Director, or designee, shall, within five (5) workdays after
receipt, review the plan and determine whether to accept or reject
the submitted plan to cure.
10.2.2 The Deputy Director, or designee, shall provide written notice to CSC
if the plan is accepted. The Department agrees that it will not
exercise its remedies hereunder with respect to a declared Default
for so long as CSC diligently, conscientiously and in' a timely
manner undertakes to cure the Default in accordance with the approved
plan.
10.2.3 The Deputy Director, or designee, shall provide written notice to CSC
if the plan is rejected. During the period of time CSC's request is
pending before the Deputy Director, the twenty (20) day cure period
shall not be suspended, nor shall the Department's legal or equitable
remedies be affected or waived.
10.3 Upon an occurrence of Default by CSC, the Department shall, in its sole
discretion, have the right to pursue any remedy it may have at law or
in equity, including, but not limited to:
10.3.1 Reducing its claim to a judgment.
10.3.2 Taking action to cure the Default, in which case the Department may
offset costs incurred to cure the Default against any payments owed
to CSC. This action shall not preclude the Department's right to file
a claim under the Performance Bond for reimbursement of damages.
10.3.3 Assessing liquidated damages.
10.3.3.1 For each calendar day that any Default by CSC
continues after the last day of the specified cure
period, the sum of $500 per day may be deducted from
funds payable to CSC under this Agreement as liquidated
damages until such Event(s) of Default is cured or this
Agreement is terminated, whichever occurs first, not as
a penalty but as damages for the Department's cost
resulting from the default..
l0.3.3.2 Assessment of liquidated damages shall preclude the
following Department actions: (i) deduction of any costs incurred
pursuant to . Paragraph 10.3.1 from amounts otherwise due CSC; and
(ii) assertion of claims for actual damages alleged to have
resulted from such Event(s) of Default, but shall not preclude the
Department from pursuing action relative to the Performance Bond.
10.3.4 Terminating the Agreement and removing the inmates
from the secure prison.
10.4 Each of the following shall constitute a Default on the part
of the Department.
10.4.1
AfterappropriationoffundsbytheState,failurebytheDe
partmenttopayCSC within the time frames stated in Article
VI, unless the failure to pay is a result of the
following.
10.4.1.1 Off-setting any damages, including liquidated damages, assessed
by the Department against CSC in accordance with this Agreement.
10.4.1.2 Disputed per them charges as authorized by Article
VI.
10.4.2 Failure by the Department to observe and perform any
material covenant, condition or agreement to be observed or
performed on its part, or its failure or refusal to
substantially fulfill any of its material obligations
hereunder and such failure continues after receipt of
notice from CSC and after the cure period specified by CSC
(which shall not be less than twenty [20] days) has ended,
unless such failure is caused by the Default of CSC.
10.5 If a Default as outlined in Paragraph 10.4.2 occurs and the
Department reasonably believes that such Default cannot be
cured within the time period stipulated by CSC, but does
believe that through diligent, ongoing and conscientious
effort the Default can be cured within a reasonable time
period not to exceed six (6) months, the Department may
submit a plan for curing the Default to CSC. The
Department's submitted plan shall indicate in detail how the
Department proposes to cure the Default.
10.6 Upon an occurrence of Default by the Department which cannot
be resolved within the time periods authorized by paragraphs
10.4.2 and 10.5, CSC's sole remedy shall be to terminate
this Agreement upon provision of ninety (90) days prior
written notice. Upon such termination, CSC shall be
entitled to receive payment from the Department for all
services furnished under this Agreement up to and including
the date of termination, if services have been satisfactorily
provided and are not otherwise subject to offset as provided by law.
ARTICLE XI
FORCE MAJEURE
11.1 Except for payment of sums due, neither party shall be liable to the
other, nor be deemed in Default under this Agreement, if and ' to the
extent that such party's performance of this Agreement is prevented by
reason of Force Majeure.
Contract No: 6790
Continuation Sheet
Page. 60
11.1.1 - The term "Force Majeure" ", means an occurrence that
is beyond the control of the ,party affected and occurs
without its fault or negligence. Without limiting the foregoing,
Force Majeure includes acts of God; acts of the public enemy; war;
riots; strikes; mobilization; labor disputes; civil disorders; fire;
flood; lockouts; injunctions; intervention-acts; and other similar
occurrences beyond the control of the party declaring Force Majeure
which such party is unable to prevent by exercising reasonable
diligence.
11.1.2 The Force Majeure shall be deemed to commence when the party
declaring Force Majeure notifies the other party of the existence
of the Force Majeure and shall be deemed to continue as long as the
results or effects of the Force Majeure prevent the party from
resuming performance in accordance with this Agreement.
11.1.2.1 If either party is delayed at any time in the
performance of Agreement obligations by Force Majeure,
the delayed party shall notify the other party in writing
of such delay as soon as is practical after commencement
thereof and shall specify the causes of such delay in the
notice. The notice shall be hand delivered or mailed
certified-return receipt and shall make a specific
reference to this Article, thereby invoking its
provisions.
The delayed party shall make every effort to cause such delay to cease as soon
as practicable and shall notify the other party in writing, when it has done so.
Such delay shall not constitute Default or give rise to any claim on damages or
loss of anticipated profits.
11.1.3 If either party experiences Force Majeure, the following
may occur:
11.1.3.1 This Agreement may be extended by amendment for a
period of time equal to the time the results or
effects of such delay prevent the delayed party
from performing. Any amendment shall be subject to
the requirements of A.R.S. 41-1609.01A.
11.1.3.2 This Agreement may be terminated by either party. Said
termination shall not constitute Default hereunder or give rise
to any claim for damages or loss of anticipated profits.
11. 1.4 Force Majeure shall not include the following
occurrences:
1 1. 1.4. 1. Late delivery of equipment or
materials caused by congestion at a manufacturer's
plant or elsewhere, or an oversold condition of the
market.
1 1. 1.4.2. Late performance by a subcontractor unless
the delay arises out of a Force Majeure occurrence in
accordance with this Force Majeure term and condition.
11.1.4.3 Failure or refusal to act by Government authority other
than the Department.
11.1.4.4 CSC's failure to acquire or maintain required insurance
or performance bond.
11.1.4.5 CSC's failure to acquire and maintain required license to operate
as a security agency and to license designated staff as security
officers.
ARTICLE XII
TERMINATION
12.1 In addition to other rights set forth elsewhere in this Agreement, the
Department reserves the right to terminate this Agreement in whole, or
in part due to the following:
12.1.1 In the event State funds for this Agreement become
unavailable due to non-appropriation or ex-appropriation.
12.1.1.1 An event of non-appropriation or ex-appropriation shall not cause
the Department to be in Default hereunder, but upon any such
event, this Agreement shall automatically terminate without
further obligation or liability to the Department as of the last
day for which funds are available.
12.1.1.2 Department representatives cannot make any statements
or provide any warranties as to whether an appropriation
will be made by the Legislature; however, the Department
shall, during the term of this Agreement, use its best
efforts to ensure that adequate written information is
submitted and verbal testimony provided through
appropriate budgetary processes to request funds at least
equal to the payments required hereunder for each year of
the contract term.
12.1.2 CSC's failure to post an annual Performance Bond equal to 100% of the
annual per them as required by Article VIII of this Agreement.
12.1.3 CSC's failure to provide insurance coverages that meet the
requirements set forth
in Article VIII and Attachment #8.
ARIZONA DEPARTMENT OF CORRECTIONS
GENERAL PROVISIONS
1. DEFINITIONS
As used throughout these General Provisions, the following terms shall have the
meanings set forth:
a. "Contractor" means the person, fu-m, or organization
performing the services or delivering the items described in
this Contract.
b. "State" means the State of Arizona.
C. "Department" means the Arizona Department of Corrections.
d. "Director" means the Director of the Arizona Department of
Corrections or his duty authorized representative.
e. "Subcontract" means any contract between the original Contractor and a
third party for the provision of items or services which the original
Contractor has himself contracted to perform, except purchase orders
for standard commercial equipment, products or services.
f. "Project Director" means the person designated to represent
the Department in the program administration of this
Contract.
9. "Days" means calendar days unless otherwise specified.
h. "Gratuity" means a payment, loan, subscription, advance, deposit of
money, services, or anything of more than nominal value, present or
promised, unless consideration of substantially equal or greater value
is received.
i. "Solicitation" means a request for proposals, or a request
for quotation.
i. "Special Provisions" means those provisions additional to or
in clarification of the General Provisions. If the General
Provisions and Special Provisions conflict, the Special
Provisions shall govern.
k. "Scope of Services" means those provisions of this Contract
which delineate the scope and manner of the specific
services to be performed and describe the items to b-@ supplied in the
performance of this Contract. In the event of a conflict, the terms of
the Scope of Services shall prevail over the Special Provisions,
General Provisions or any attachments to the Contract.
-1-
Rev. 05/94
2. GENERAL REQUIREMENTS
a. Intergovernmental agreements entered into pursuant to
A.R.S. 11-952 et seq. shall become effective on the
date filed with the Secretary of State or at a later
date as specified in the Contract. All other contracts
shall become effective on the date executed by the
Director or designee or at a later date as specified in
the Contract.
b. This Contract shall be construed in accordance with Arizona law
including, where applicable, the Uniform Commercial Code as adopted by
the State of Arizona. Any legal action shall be initiated in an
appropriate court of the State of Arizona.
C. The Arizona Procurement Code, Arizona Revised Statutes
("A.R.S.") Title 41, ' Chapter 23, and its implementing
rules, Arizona Administrative Code ("A.A.C. ") Title 2,
Chapter 7, are a part of this Contract as if fully set forth
in it.
d. Each provision of law and any terms required by law to be in
this Contract are a part of this Contract as if fully stated
in it.
e. This Contract is issued under the authority of the signatory for the
Department. Changes to the Contract, including the addition of work or
materials, the revision of payment terms, or the substitution of work
or materials, directed by an unauthorized State employee or made
unilaterally by the Contractor are violations of the Contract and of
applicable
law. Such chances, including unauthorized written contract amendments,
shall be void and without effect, and the Contractor shall not be
entitled to any claim under this Contract based on those changes.
f. This Contract is intended by the parties as a final and complete
expression of their agreement. No course of prior dealings between the
parties and no usage of the trade shall supplement or explain any term
used in this Contract.
Either party's failure to insist on strict performance of any term or condition
of the Contract shall not be deemed a waiver of that term or condition even if
the party accepting or acquiescing in the nonconforming performance knows of the
nature of the performance and fails to object to it.
h. The Contract shall be modified only through a written contract
amendment within the scope of the Contract signed by an authorized
signatory on behalf of the Department and the authorized representative
of the Contractor.
i. The provisions of this Contract are severable. Any term or
condition deemed illegal or invalid shall not affect any
other term or condition of the Contract.
i. The Contractor shall obtain and maintain all licenses, permits and
authority necessary to do business and render services under this
Contract, and shall comply with all laws regarding unemployment
insurance, disability -insurance and workers' compensation.
k. The Contractor shall abide by all Department Rules, Policies
and Procedures as applicable to Contractor fulfilling the
obligations outlined in this Contract.
Any allegations of non-compliance with Department Rules, Policies and/or
Procedures, or other Contractor misconduct shall be subject to investigation by
the Department.
1. The parties hereto agree that the Contractor shall be deemed
an independent Contractor in the performance of this Contract,
and shall not be considered an officer, employee or agent of the
State unless Contractor is another State Agency.
3. OTHER CONTRACTS
The Department may perform additional work related to this Contract or award
other contracts for such work. The Contractor shall cooperate fully with such
other contractors and/or State employees in the scheduling and coordination of
its own work with such additional work.
4. SUBCONTRACTS AND ASSIGNMENTS
a. Unless otherwise agreed by the terms of this Contract, the
Contractor shall not subcontract with any other party for the
furnishing of any of the work or services contracted for
herein without the prior written approval of the Department.
The subcontract shall incorporate by reference the terms and
conditions of this Contract.
b. No rights or obligations of the Contractor under this
Contract shall be assigned without the prior written
approval of the Department.
5. OWNERSHIP OF INFORMATION
Title to all reports, information, data, computer data elements and software
prepared by the Contractor in performance of this Contract shall vest in the
State. Subject to applicable State and Federal laws and regulations, the State
shall have full and complete rights to reproduce, duplicate, disclose and
otherwise use all such information. The Contractor shall not use or release
these materials without the prior written consent of the State.
6. ADVERTISING AND PROMOTION OF CONTRACT
The Contractor shall not advertise or publish information for commercial benefit
concerning this Contract without the prior written approval of the Department.
7. CONFIDENTIALITY OF RECORDS
The Contractor shall establish and maintain procedures and controls that are
acceptable to the Department for the purpose of assuring that no information
contained in its records or obtained from the Department or from others in
carrying out its functions under this
Contract shall be used or disclosed by the Contractor or the Contractor's
agents, officers, or employees, except as is essential to the performance of
duties under this Contract.
Persons requesting such information should be referred to the Department. The
Contractor also agrees that any information pertaining- to offenders shall not
be divulged, 0 other than to employees or officers of Contractor as is required
for the performance of duties under the Contract, except upon the prior written
consent of the Department.
8. BOOKS AND RECORDS
Contractor shall retain and shall require all of its subcontractors to
retain for inspection and audit by the State all books, accounts,
reports, files and other records relating to the bidding and performance
of this Contract for a period of five (5) years after its completion.
Upon request by the Department, a legible copy of all such records shall be
produced by the Contractor at the administrative office of the Department or at
the office of the State Auditor. The original of all such records shall also be
available and produced for
inspection and audit when requested by the State Auditor or the
Department to verify the
authenticity of copy.
9. FINANCIAL AUDIT
At any time during, the term of this Contract, the Contractor's or any
subcontractor's books and records are subject to audit by the Department and by
any other appropriate agent of State or Federal Government, to the extent that
the books and records relate to the performance of the Contract or subcontract.
10. REPORTS
Records which relate to disputes, litigations or the settlement of claims
arising out of the performance of this Contract, or to cost and expenses of this
Contract as to which exception has been taken by the Director, or his designee,
shall be retained by the Contractor until such appeals, litigations, claims or
exceptions have been finally resolved.
11. VISITATION AND INSPECTION
Department representatives or other appropriate agents of the State or
Federal government shall. with timely notice to the Contractor, be entitled to
review and inspect the Contractor's facilities, its program operation and those
records which pertain to the program or services funded by this Contract during,
the term of this Contract.
12. PROGRAM EVALUATION
The Department shall be entitled, during the term of this Contract, to evaluate
Contract Services. Evaluations will assess the quality and impact of Contract
Services, either in isolation or in comparison with other similar services and
will assess the Contractor's progress and success in achieving the goals and
objectives set forth in the Scope of Services.
13. INDEMNIFICATION
Contractor shall indemnify, defend and hold harmless the State from any claim,
demand, suit, liability, judgment and expense (including any attorneys' fees and
other costs of litigation) arising out of or relating to injury, disease, or
death of persons or damage to or loss of property resulting from or in
connection with the negligent performance of this Contract by the
Contractor, its agents, employees, and subcontractors or any one for whom
the Contractor may be responsible. The obligations, indemnities and liabilities
assumed by the Contractor under this paragraph shall not extend to any liability
caused by the negligence of the State or its employees. The Contractor's
liability shall not be limited by any provisions or limits of insurance set
forth in this Contract. The Department shall reasonably notify the Contractor of
any claim for which it may be liable under this paragraph
14. INSURANCE
a. Without limiting any liabilities or any other obligations of
Contractor, Contractor shall provide and maintain and cause its
subcontractors to provide and maintain insurance coverage with
forms and insurers acceptable to the State, until all obligations
under this Contract are satisfied, as follows:
(1) Workers' Compensation insurance to cover obligations imposed
by Federal and State statutes having jurisdiction of its
employees engaged in the performance of the Services, and Employers'
Liability insurance with a minimum limit of one hundred
thousand dollars ($100,000). Evidence of qualified self-insured
status shall also suffice for this section.
(2) Commercial general liability insurance with a minimum combined single
limit of one million dollars ($1,000,000) each occurrence. The policy
shall include coverage for bodily injury, personal injury, broad form
property damage, blanket contractual, contractor's protective and
products and completed operations.
(3) Comprehensive automobile liability insurance with a combined single
limit for bodily injury and property damage of not less than one
million dollars ($1,000 , 000) each occurrence with respect to
Contractor vehicles (whether owned, hired,
non-owned), assigned to or utilized in the performance of
this Contract.
(4) Professional liability insurance with limits of one million
dollars ($1,000,000) each claim.
b. The policies required by section a. (2), (3) and/or (4)
shall name the State of Arizona, its agents, officials and
employees as additional insured and shall specify that the
insurance afforded Contractor shall be primary insurance and
that any insurance coverage carried by the State, the
Department or its employees shall be excess coverage except
as provided by State law, and not contributory insurance to
that provided by the Contractor..
C. Failure on the part of the Contractor to procure and
maintain the required liability insurance and provide proof
thereof to the Department within thirty (30) days following
the commencement of a new policy period, shall constitute a
material breach of the. Contract upon which the Department
may immediately terminate this Contract. Prior to the
effective date of this Contract, the Contractor shall
furnish the Department with an appropriately executed
certificate of insurance. Such certificate shall identify
this Contract and contain provisions that coverage afforded
under the policies shall not be canceled, terminated or
materially altered until at least thirty (30) days prior
written notice has been given to the Department. The
Contractor may utilize the State of Arizona Certificate of
Insurance (RM-7200.1) or other forms acceptable to the State
to identify insurance coverage. The State of Arizona
reserves the right to request and receive certified copies
of any or all of the above policies and/or endorsements.
15. WARRANTY
Contractor warrants that all non-service items furnished pursuant to this
Contract shall be free from defects and shall conform to Contract requirements.
Any items determined by the Department to be in nonconformity with this warranty
shall be repaired or replaced, at the Department's option and at the
Contractor's expense, for up to one year following the completion or termination
of this Contract. The Contractor warrants that, for
one year after acceptance by the Department of the materials,
they shall be:
a. Of a quality to pass without objection in the trade under
the Contract description;
b. Fit for the ordinary purposes for which the materials are
used;
C. In conformance with the written promises or affirmations of
fact made by the Contractor.
16. RIGHT TO ASSURANCE
If the State in good faith has reason to believe that the Contractor
does not intend to perform or continue performing this Contract, the
Department may demand in writing that the Contractor give a written
assurance of intent to perform. The demand shall be sent to the
Contractor by certified mail, return receipt required. Failure by the
Contractor to provide written assurance within the number of days
specified in the demand may, at the Department's option, be the basis
for terminating the Contract under paragraph 19.
17. DISPUTES
a. In the event of a controversy concerning a question of fact arising under
this Contract which cannot be resolved by mutual agreement between the Contract
Administrator and the Contractor, the aggrieved or dissatisfied person may file
a written request for review with the Department's Director. The request for
review must specifically outline the parameters of the controversy and only
those facts presented within those specific parameters will be reviewed by the
Director who shall adhere to the Arizona Procurement Rules and Regulations in
responding to' the issue presented. The Contractor may appeal the Director's
final decision to the Director. of the Department of Administration within five
days of receipt of the Director's decision in accordance with the Arizona
Procurement Rules and Regulations. Hearings on appeals of claims decisions shall
be conducted as contested cases pursuant to the Arizona Procurement Rules and
Regulations and the Arizona Administrative Procedures Act (Article 1, Chapter 6,
Title 41, Arizona Revised Statutes) except for those claims which are subject to
arbitration as set
forth in paragraph "b" below. Pending, final decision of the controversy, the
Contractor shall proceed diligently with the performance of the Contract and in
accordance with the Director's decision.
b. The parties agree to use arbitration to resolve
disputes to the extent required by A.R.S. 12-1518.
18. TERMINATION OF CONTRACT
The Department, or the State, may terminate this Contract under any of
the conditions following:
a. The Department, in addition to other rights set forth elsewhere in the
Contract, reserves the right to terminate this Contract, in whole, or
in part without cause, effective thirty (30) days after mailing written
notice of termination by certified mail, return receipt requested, to
the Contractor.
(1) In the event of termination as provided in this section, the Contractor
shall stop all work as specified in the notice of termination and
immediately notify all subcontractors in writing to do the same.
(2) Contractor shall be paid the Contract price for all services
and items completed. In addition, Contractor will be paid
its reasonable actual costs for work in progress as
determined by generally accepted accounting principles and
practices. Upon such termination, the Contractor shall
deliver to the Department a complete set of all documents,
programs and other information described in the Contract.
b. The Department may, by written notice to the Contractor, also terminate
this Contract if it is found that gratuities in the form of
entertainment, gifts, or otherwise were offered or given by the
Contractor, or any agent or representative of the Contractor, to any
officer or employee of the State with a view toward securing a contract
or
securing favorable treatment with respect to the awarding, or amending
or the making of any determinations with respect to the performance of
such contract; provided, that the existence of the facts upon which the
Department makes such findings shall be in issue and may be reviewed in
any competent court. If the Contract is terminated under this section,
unless the Contractor is a governmental agency, instrumentality or
subdivision thereof, the Department shall be entitled, by way of
penalty, to exemplary damages in the amount of three times the costs
incurred by the Contractor in providing any such
gratuities to any such officer or employee, in addition to any other
damages to which it may be entitled by law.
C. The State of Arizona may cancel this Contract without
penalty or further obligation to the State pursuant to
A.R.S. 38-511, if any person significantly involved in
initiating, negotiating, securing,, drafting or creating
this Contract on behalf of the State of Arizona is or
becomes at any time, while this Contract or any extension of
this Contract is in effect, an employee of any other party
to this Contract in any capacity or a consultant to any
other party to this Contract with respect to the subject
matter of this Contract. Cancellation shall be effective
when written notice is received by all parties to this
Contract, unless the notice specifies a later time.
19. DEFAULT
a. The Department, in addition to other rights set forth elsewhere
in the Contract, may at any time terminate this Contact in whole
or in part, if it is determined that the Contractor has failed to
perform any requirements of this Contract or has failed to make
satisfactory progress toward performance.
b. The Contractor shall continue the performance of this
Contract to the extent not terminated under the provisions
of this section.
C. In the event the Department terminates this Contract in
whole or part as provided in this section, the Department
may procure, upon such terms and in such manner as it may
deem appropriate, services similar to those so terminated,
and unless the Contractor is a governmental agency,
instrumentality or subdivision thereof, it shall be liable
to the Department for any excess costs incurred by the
Department in obtaining- such similar services.
d. If this Contract is terminated as provided herein, the
Department, in addition to any other rights provided in this
section. may require the Contractor to transfer title to and
deliver to the State, in the manner and to the extent directed by
the Department, such partially completed reports or other
documentation as the Contractor has specifically, produced or
specifically acquired for the performance of such part of this
Contract as has been terminated. Payments for completed reports
and other documentation delivered to and accepted by the
Department shall be at the contract price. Payment for partially
completed reports and other documentation delivered to and
accepted by the Department shall be in an amount agreed upon by
the Contractor and the Department.
e. The rights and remedies of the Department enumerated in this
section shall be in addition to any other rights and
remedies provided by or under this Contract.
20. NON-DISCRIMINATION
The Contractor shall comply with State Executive Order No. 75-5 which mandates
that all persons, regardless of race, color, religion, sex, age, national origin
or political affiliation, shall have equal access to employment opportunities,
and all other applicable Federal and State laws, rules and regulations,
including the Americans with Disabilities Act. The Contractor shall take
affirmative action to ensure that applicants for employment and employees are
not discriminated against due to race, creed, color, religion, sex, national
origin or disability. The Department is an Equal Employment Opportunity Agency.
21. ASSIGNMENT OF OVERCHARGES
The Contractor assigns to the State any claim for overcharges resulting from
antitrust violations to the extent that those violations concern materials or
services supplied by third parties to the Contractor toward fulfillment of this
Contract.
22. CONTRACT PAYMENTS
a. Funds may not presently be available for performance under
this Contract beyond the current fiscal year. No legal
liability on the part of the State for any payment may arise
under this Contract beyond the current fiscal year until funds
are made available for performance of this Contract. The
Department will make reasonable efforts to secure such funds.
The Department shall not be liable for any purchases and/or
contracts entered into by the Contractor in anticipation of
such funding.
b. Payments made by the Department to the Contractor are conditioned
upon receipt of applicable, accurate and complete reports to be
submitted by the Contractor.
C. If the Contractor is in any manner in default in the
performance of any obligation under this Contract, or if
audit exceptions are identified, the Department may, at its
option and in addition to other available remedies, either
adjust the amount of payment or withhold payment until
satisfactory resolution of the default or exception. The
Contractor shall have the right to written notice of the
Department's action in adjusting the amount of payment or
withholding payment. Under no circumstances shall the
Department authorize payment to the Contractor that exceeds
an amount specified in the Contract without a written
amendment to the Contract. The Department may, at its
option, withhold final payment under the Contract until
receipt of all final reports and deliverables or completion
of any financial audit.
23. RECOUPMENT OF CONTRACT PAYMENTS
a. Any unearned Department funds that have been paid to the Contractor and
remain in its possession at the end of the contract period, or at the time of
termination of the Contract, shall be refunded to the Department within
forty-five (45) days thereafter.
b. The Contractor shall reimburse the Department for all contract funds
received which are determined by the Department or the Auditor General
not to have been earned in accordance with the terms of the Contract.
C. If Federal or State audit exceptions are made relating to this
Contract the Contractor shall reimburse all costs incurred by the State
of Arizona and the Department associated with defending against the
audit exception or performing an audit or follow-up audit including but
not limited to: audit fees, court cost travel costs, penalty
assessments, attorney fees for the Assistant Attorney General, based
upon reasonable charges in the community, and all other costs of
whatever nature.
d. Immediately upon notification from the Department, the
Contractor shall reimburse the amount of the audit exception and
any other related costs directly to the Department.
e. The Contractor shall indemnify the Department and the State of Arizona
and hold them, their officers, agents, and employees harmless against
any and all liability or damages in regard to audit exceptions.
24. INFRINGEMENT OF PATENTS AND COPYRIGHTS
a. The Contractor, at his own expense, shall defend any claim or
suit which may be brought against the State for the infringement
of United States patents or copyrights arising, from the
Contractor's or Department's use of any equipment, materials, or
information prepared or developed in connection with performance
of this Contract and in any suit will satisfy any final judgment
for such infringement. The Department shall reasonably notify
the Contractor of any claim for which it may be liable under
this paragraph.
b. If principles of governmental or public law are involved ., the
State may participate in the defense of any such action, but no costs
or expenses shall be incurred for the account of Contractor without
written consent.
C. If in Contractor's opinion, the equipment, materials or
information mentioned in paragraph a. above is likely to or
does become the subject of a claim of infringement of a
United States patent or copyright, then without diminishing
Contractor's obligation to satisfy any, final award,
Contractor may, with the Director's written consent,
substitute other equally suitable equipment, materials and
information, or at Contractor's option and expense, obtain
the right for Contractor or the Department to continue the
use of such equipment, materials and information.
25. NOTICES
Whenever notice is required pursuant to the terms of this Contract, said notice
shall be in writing, and shall be directed to the persons and addresses
specified for such purpose in Scope of Services or to such other persons and/or
addresses as either party may designate to the other party by written notice.
Notice shall be delivered in person or by certified mail, return receipt
requested.
26. SUSPENSION OR DISBARMENT
The Department may, by written notice to the Contractor, immediately terminate
this Contract if it is determined that the Contractor has been disbarred,
suspended or otherwise lawfully prohibited from participating in any public
procurement activity.
27. NONEXCLUSIVE REMEDIES
The rights and the remedies of the State under this Contract are not exclusive.
SPECIAL PROVISIONS
With regard to the General Provisions:
All references to Contractor shall mean Correctional Services Corporation
(CSC). All references to Contract shall mean "Agreement.
PARAGRAPH 13
Paragraph 13 is replaced by Article VIII of the Scope of Services.
PARAGRAPH 14
Paragraph 14 is replaced by Paragraphs 8.2-4, 8.2.5 and Attachment #8 of this
Agreement.
PARAGRAPH 18
Subparagraph a is amended to read as follows:
The Department, in addition to other rights set forth elsewhere in the
Agreement reserves the right to terminate this Agreement, in whole, or in part
without cause, one year after receipt of the first inmate, effective ninety
(90) days after mailing written notice of termination by certified mail,
return receipt requested, to CSC.
PARAGRAPH 24
Paragraph 24 is replaced by Paragraph 8.6 in Article VIII of the
Scope of Services
ATTACHMENT #2
POSITION DESCRIPTION
Name of Contractor:
Position Name:
Check the box if this is a security position. Check the box if this is
a position performing case management services.
Check the box if this is a position responsible for entry of inmate
information into the Adult Inmate Management System (AIMS)
WORK DESCRIPTION - In general terms, what will the work assignment be for an
employment working in this position?
WORK PRODUCTS - What will result from the work performance?
RESPONSIBILITY - For what will the employee in this position be held
responsible? (For example, money, equipment, safety of others, product quality,
work methods, policies or procedures, etc.)
AUTHORITY - What kinds of decisions will the employee in this position be
authorized to make? What kinds of decisions will require clearance from the
supervisor?
KNOWLEDGE - What does an employee have to know to perform satisfactorily in this
position? By knowledge is meant familiarity with something or possession of
information or understanding in the mind. State specifically what the employee
must know. (Do not give degrees and do not list entire fields,
such as chemistry, engineering or psychology.)
SKILLS - What skills must the employee in this position have acquired in order
to perform work satisfactorily? By skill is meant the developed capability to
perform tasks or actions effectively. A skill may be developed in a variety of
manual, physical, intellectual or interpersonal activities. Please be specific.
WORK ACTIVITIES - What are the actual work activities the employee will
experience in the course of performing work assignments? What will the employee
be doing?
MINIMUM QUALIFICATIONS -
To whom will any employee in this position report?
ATTACHMENT #3
Name of Contractor: Correctional Services Corporation
SUBCONTRACTORS
(Please duplicate this page if necessary)
Name (Business): Correctional Services, Inc.
Address: 00000 Xxxxx Xxxxxxxxx, Xx. Xxxxx, Xxxxxxxx 00000
Telephone Number(s):
Type of Service: Inmate Medical Services
Contact Person: Xxxxxxx X. Xxxxxxxx, Executive Vice President
Name (Business):
Address:
Street City Zip
Telephone Number(s):
Type of Service:
Contact Person:
Name (Business):
Address:
Street City Zip
Telephone Number(s):
Type of Service:
Contact Person:
Name (Business):
Address:
Street City Zip
Telephone Number(s):
Type of Service:
Contact Person:
ATTACHMENT #4
PRE-SERVICE SECURITY TRAINING
Listed by Functional Areas and Course Titles
Functional Area I: Ethics and Professionalism
Course Titles: Hours
*Employee Rules and Regulations 3.0
*Valuing Work Force Diversity/EEO 3.0
Ethical Staff-Inmate Relations 3.0
*Employee Grievance 1.0
Professionalism and Ethics 3.0
*Uniform and Grooming 1.5
TOTAL COURSE HOURS 14.5
Functional Area II: Inmate Management
Course Titles: Hours
Sociology of a Correctional Institution 2.0
Inmate Supervision 5.0
Inmate "Games" (Manipulation and Set-Ups) 3.0
Inmate Classification System 2.0
Inmate Ethnic Diversity 6.0
Discretion and Decision Making 5.0
Inmate Grievance System 1.0
Inmate Programs 1.5
Inmate Disciplinary System 6.0
TOTAL COURSE HOURS 31.5
Functional Area III: Legal Issues
Course Titles:
Criminal Justice System, Law and Rights 6.0
Arizona Government 1.0
Use of Force 3.0
TOTAL COURSE HOURS 10.0
Page 2
Attachment #4
Pre-Service Security Training
Functional Area IV: Communications
Course Titles: Hours
Report Writing 6.0
Basic Communication 3.0
Radio and Telephone Communication 2.0
(Knowledge of Department radio system shall be
required relevant to direct communication to
the Department)
Observation (Use of a Field Notebook) 1.0
Oral Reports 3.0
Effective Study and Note Taking 0.5
TOTAL COURSE HOURS 15.5
Functional Area V: Officer Safety
Course Titles: Hours
Non-Lethal Weapons Familiarization 4.0
Chemical Agents 4.0
TOTAL COURSE HOURS 8.0
Functional Area VI: Applied Skills
Course Titles: Hours
Searches and Contraband 4.0
Transportation and Restraints 3.0
Count Procedures 1.5
Applied Skills 7.5
Forced Cell Moves 2.0
Maximum Restraints 2.0
Inmate Property Management 3.0
Urine Collection 1.0
TOTAL COURSE HOURS 24.0
Page 3
Attachment #4
Pre-Service Security Training
Functional Area VII: Security, Custody and Control
Course Titles: Hours
Security, Custody and Control 3.0
Introduction to IMS and Emergency Procedures 5.0
Crime Scene Protection 2.0
Fire Prevention/Evacuation 5.0
*Internal Investigations 2.0
Institution Observation (Including Travel Time) 15.0
TOTAL COURSE HOURS 32.0
Functional Area VIII: Conflict and Crises
Management
Course Titles: Hours
Introductory/Overview of Crises/Conflict in a
Correctional Institution 4.0
Goals and Concerns of Crises/Conflict in a
Correctional Institution 3.0
Principles and Techniques of Crises, Conflict
Intervention & Resolution in a Correctional
Institution 6.0
Practical Skills Crises/Conflict in a Correctional
Institution 7.0
Self-Defense Training 18.0
TOTAL COURSE HOURS 38.0
Functional Area IX: Medical and Mental Health
Course Titles: Hours
First Aid (Medical Signs/Symptoms) 2.0
Basic Life Support - (Requested graphics are
contained within lesson plan) 7.0
Communicable Disease Control 3.0
Communicating Signs and Symptoms of Mental Illness 2.0
Narcotics and Dangerous Drugs 2.0
Substance Abuse Awareness 3.0
Physical Fitness Training 22.5
TOTAL COURSE HOURS 41.5
*Indicates courses to be taught by CSC utilizing CSC's curricula and lesson
plans, if approved by the Department.
ATTACHMENT #5
REQUIRED COURSES
PRE-SERVICE NON-SECURITY TRAINING
(New Employee Orientation)
PHASE I
A. Initial Orientation
1. Employee Vehicle Searches and Contraband
2. Inmate/Staff Relations
3. Background Checks and Arrest/Citation/Incarceration
B. Occupational Safety
1. Bloodborne Pathogens
2. Work Safety and Prevention
PHASE II
A. Introduction to Arizona State Government
1. Arizona History
2. Executive Branch of Arizona Government
3. Legislative Branch of Arizona Government
4. Judicial Branch of Arizona Government
B. Arizona Department of Corrections
1. Arizona Department of Corrections
2. Divisions and Bureaus
3. Institutions, Offices, Release Centers, Private
Institutions, XXXX
4. Chain of Command
5. Criminal Justice System (Federal, State, County and City)
6. Arizona and Department of Corrections Demographics and
Cost of Incarceration
C. Institutional (Specific) Orientation
1. Institutional Organization and Units
2. Institutional Organization and Unit Structure
3. Institutional Demographics, Budget and Staffing
4. Terminology, Abbreviations, Codes, Acronyms
Page 2
Attachment #5
Required Pre-Service Non-Security Training
D. Institutional Sociology and Inmate Programs
1 - Inmate Demographics
2. Inmate Visitation
3. Inmate Work Programs and Inmate Work Incentive Pay Plan
(WIPP)
4. - Inmate Grooming and Dress Standards
5. Inmate Non-Work Programs
6. Special Inmate Populations
7. Inmate Gangs and Cultures
E. Institutional Operations and Security
1. Institutional Security
2. Inmate Accountability/Counts/Passes/identification
3. Tool and Key Control
4. Inmate Transportation and Movement
5. AIMS, Telephone Security, Inmate Telephone Usage, Security
Radios
6. Vehicle Security
7. Emergency Procedures, Disturbances and Incident Management
F. Staff/Inmate Relations and Staff/Staff Relations
1. Inmate Manipulation, Games and Set-ups
2. Financial, Social and Romantic Relationships
3. Verbal Abuse and Non-Verbal Intimidation
4. Incident Reports and Supervisor Assistance
5. Staff to Staff Relationships
G. Inmate Management and Supervision
1. Inmate Supervision Techniques
2. Inmate Classification System
3. Inmate Disciplinary System and Write-ups
4. Inmate Grievance System
5. Inmate Access to Courts and Legal System
H. New Employee Orientation (NEO) Program Review and
Summarization
Recordkeeping
a. Bloodborne Pathogens
b. Professionalism and Ethics I
c. NEO
Page 3
Attachment #5 Continued
OPTIONAL COURSES
PRE-SERVICE NON-SECURITY TRAINING
(New Employee Orientation)
PHASE I
A. Initial Orientation - Overview
1. Department of Corrections (ADC) Mission Statement
2. ADC Code of Ethics
3. Professional Grooming and Dress Standards
4. Review ADC Employee Handbook
a. Employee Benefits & Personnel Programs
b. After Hours Employment
5. Employee Performance and Appraisal System
6. Telephone Skills and Directory Reference
B. Institutional Introduction
1. Warden's Welcome
2. Institutional Structure and Organization
3. Next Scheduled New Employee Orientation Program
4. Individualized Employee Training Plan
C. Personnel Processing -- In-Take
1. W-2 Payroll, Salary, Work Hours, PAR, Types of Leave
2. ADC Photo and Identification
3. Emergency Contact Data
4. Employee Benefits, Health Insurance
5. Major Personnel Programs
6. Deferred Compensation Program, Retirement, Disability,
etc.
7. Arizona Driver's License, Registration and Auto Insurance
8. Conditions of Employment Form
9. Credit Unions
10. ADC Employee Handbook
11. Industrial Injury Reports
D. Work Site Orientation
1. Introduction to Supervisor
2. Telephone Usage and Director
3. Meals and Dining Facilities
4. Transportation, Car Pooling, Parking
5. Employee Performance and Appraisal System Discussion
Page 4
Attachment #5
Optional Pre-Service Non-Security Training
PHASE II
A. Staff Development and Training
1. Annual Training Requirement
2. Tuition Reimbursement Program
3. Community College Program
4. Continuing Education and Licensure Credits
5. Outside Training Activities and Credit
6. Employee Training Records
B. Civil Rights and Employee Discrimination Issues
1 - EEO and Affirmative Action for ADC
2. Sexual Harassment
3. Americans with Disabilities Act (ADA)
C. Institutional Familiarization Tour
1 - Points of Interest
2. Perimeter Security
3. Parking Locations
4. Communications and Central Control
D. Professionalism and Ethical Behavior
1. Employee Discipline
2. Code of Ethics
3. Policies, Rules, Laws
4. Professional Responsibility
5. American Correctional Association
E. Valuing Staff Diversity
1. Cultural
2. Racial
3. Gender
4. Disability
F. New Employee Program Review and Summarization
1 - Questions and Answers/Review
2. Final Examination
ATTACHMENT #5
Page 5
XXXX VIDEOTAPES VIDEOTAPES THE CONTRACTOR.
WILL HAVE TO PURCHASE FROM THE IDENTIFIED VENDORS:
TITLE VENDOR
THE CORRECTIONAL OFFICER: EXTERIOR SECURITY AIMS MEDIA
THE CORRECTIONAL OFFICER: TACTICAL MISTAKES AIMS MEDIA
THE CORRECTIONAL OFFICER: INMATE TRICKS AIMS MEDIA
THE CORRECTIONAL OFFICER: OFFICER OBSERVATION AIMS MEDIA
THE CORRECTIONAL OFFICER: PRINCIPLES OF SECURITY AIMS MEDIA
THE CORRECTIONAL OFFICER: INTERIOR SECURITY AIMS MEDIA
THE CORRECTIONAL OFFICER: AIMS MEDIA
ASSAULT ON OFFICERS, ATTITUDE MISTAKES AIMS MEDIA
THE CORRECTIONAL OFFICER: HANDLING AGGRESSIVE INMATES AIMS MEDIA
THE CORRECTIONAL OFFICER: COMMUNICATION SKILLS AIMS MEDIA
THE CORRECTIONAL OFFICER: DECISION EXERCISES AIMS MEDIA
THE CORRECTIONAL OFFICER: ETHICS & CONDUCT AIMS MEDIA
CRIME SCENE PRESERVATION AIMS MEDIA
EMOTIONAL DISTURBANCES AIMS MEDIA
SUICIDAL INMATES AIMS MEDIA
SUPERVISION OF SPECIAL INMATES AIMS MEDIA
CON GAMES INMATES PLAY AIMS MEDIA
PRINCIPLES OF DISCIPLINE AIMS MEDIA
COURTROOM DEMEANOR AIMS MEDIA
SECURITY IN A CORRECTIONAL INSTITUTION AIMS MEDIA
OFFICER SAFETY AIMS MEDIA
DINING ROOM CONDUCT AIMS MEDIA
INTRODUCTION TO CONTRABAND AIMS MEDIA
INMATE BODY SEARCHES CLOTHED AND UNCLOTHED AIMS MEDIA
CELL SEARCHES AIMS MEDIA
RECOGNIZING DRUG ABUSE AIMS MEDIA
PROBLEM EXERCISES: STAFF/INMATE RELATIONS AIMS MEDIA
INMATE/STAFF RELATIONS - PART I AIMS MEDIA
Attachment #5
XXXX Videotapes
Page 6
TITLE VENDOR
INMATE/STAFF RELATIONS - PART II AIMS MEDIA
HOW INMATES VIEW STAFF AIMS MEDIA
DOING TIME - LIFE AS AN INMATE AIMS MEDIA
SUPERVISION OF INMATES AIMS MEDIA
DRUG PROFILES AIMS MEDIA
BASTA CALIFORNIA DOC
A MATTER OF BALANCE CINEMED
YOU MAKE THE DIFFERENCE XXXXXXXX &GRIGGS
EXTINGUISH THAT FIRE FILM COMMUNICATION
FIRE CONCEPTS AND BEHAVIOR FILM COMMUNICATION
PCP YOU NEVER KNEW XXXXXX & ROW CORRECTIONAL
MEDIANO SHORTCUT TO SURVIVAL LA EDUCATIONAL MEDIA
CON GAMES BEHIND BARS LA EDUCATIONAL MEDIA
FIRE IN THE JAIL MTI FILM AND VIDEO
SERIOUS BLOODBORNE INFECTIONS:
CORRECTIONAL WORKERS MVD #172 MERCK, VACCINE
DIVISION
IT'S THE LAW NIC
WORKING WITH HISPANIC OFFENDERS NIC
CPR FOR BYSTANDERS PYRAMID FILMS
WITH A LITTLE LUCK: SURVIVING A HOSTAGE SITUATION PYRAMID FILMS
XXXX XXXXX ON PREJUDICE PYRAMID FILMS
Attachment #5
XXXX Videotapes
Page 7 .
VIDEOTAPES FILMED BY THE DEPARTMENT AND FURNISHED TO THE CONTRACTOR AT
NO CHARGE:
FORCED CELL MOVES
MAXIMUM RESTRAINTS
INCIDENT COMMAND SYSTEM
INMATE URINE COLLECTION
INMATE PROPERTY INVENTORY
USE OF RADIOS
ATTACHMENT #6
INMATE TIME SHEET FOR DEPOSIT TO AATF
(Duplicate as necessary)
Contractor:
Secure Prison: Arizona State Prison-Xxxxxxxx Xxxx (ASP-FW)
Reporting Period:
ATTACHMENT #7 (FORMS NOT INCLUDED IN THIS DOCUMENT)
1. PER DIEM INVOICE FORM
A. PER DIEM SUPPORTING DETAIL FORMS
B. PER DIEM CORRECTION SHEETS
2. MONTHLY REPORTING
FORM FOR MONIES
OWNED/PAID BY INMATES
FOR HEALTH CARE
SERVICES RECEIVED
ATTACHMENT #8
INSURANCE REQUIREMENTS
I. COMMERCIAL GENERAL LIABILITY Coverage is to include:
1 . Minimum Limits of liability: $5,000,000 combined single
limit each occurrence, with an aggregate limit of $20,000,000.
All deductibles or self-insured retention levels shall be
reviewed for financial adequacy.
2. Premises & operations, independent contractors, completed
operations and products liability.
3. The Broad Form Commercial General Liability Endorsement
or equivalent coverage.
4. The definition of personal injury be extended to
include mental injury, shock, fright, humiliation and
invasion of a private occupancy.
5. Extension of the definition of occurrence to the effect
that "injury or property damage committed to protect
any person or property shall not be considered to be
either expected or intended from the standpoint of the
insured. "
6. Notice of Occurrence wording as follows: "Failure of an
agent, servant, or employee of the insured to notify
the company of any occurrence of which he has
knowledge, shall not invalidate the insurance afforded
by this policy as respects Additional Insured. "
7. Knowledge of Occurrence wording as follows: "Knowledge of an
occurrence by an agent, servant, or employee of the insured
shall not in itself constitute knowledge by the insured,
unless the insured director shall have received such notice
from its agent, servant, or employee."
8. Coverage to include all elected or appointed officials and to
extend to the liability of the Department, its departments,
agencies, boards and commissions, and its agents, officers,
directors, and employees with respect to the operation of the
Contractor.
9. All employees and volunteers should be included as
insured "while acting on behalf of or for the benefit
of the named insured. " Any exclusion of coverage as
respects injury to fellow employees is to be deleted at
the insured option.
10. Employee Benefit Liability Protection: Coverage should
be applicable to "all employee benefit plans" of
Contractor and its departments, agencies, boards and
commissions and all officers, agents and employees
thereof.
11. Deletion of any exclusion for explosion, collapse and
underground property damage hazards.
12. Products coverage shall be for all products of any
kind.
13. It is agreed that damages is defined to mean compensatory
damages and includes punitive damages unless it is against
public policy to pay punitive damages.
14. Coverage is to include personal injury and property
damages arising from the law enforcement activities
including jail operations.
15. Occurrence shall include acts committed to protect life or
property, or in the pursuit of assigned duties.
16. Personal injury to include: bodily injury, mental
injury, anguish or shock, sickness or disease,
including death or disability at any time resulting
therefrom and resulting from the following:
a. Wrongful entry, eviction or other invasion of the
right of private occupancy;
b. Discrimination;
c. Humiliation;
d. The publication or utterance of a libel, slander
or other defamatory or disparaging material, or a
publication or utterance in violation of an
individual's right of privacy;
e. Assault and battery;
f. First Aid, failure to render medical assistance;
g. Violation of property rights;
h. Violation of civil rights; or
i. Jail operations
17. No exclusion pertaining to injury of an individual in
the custody of the Contractor or failure to render
medical assistance, or failure to provide adequate
protection.
Additional insured: The State and the Department of Corrections shall be
additional insured as their interest may appear with respect to the operations
of the Contractor.
II. COMMERCIAL AUTOMOBILE LIABILITY
1. To cover all owned, hired and non-owned vehicles
including automobiles and trucks under long term lease.
Minimum Limit of Liability: $1,000,000 combined single
limit each occurrence, with an aggregate limit of
$16,000,000. All deductibles or self-insured retention
levels shall be reviewed for financial adequacy.
2. Uninsured/underinsured motorist coverage should be
included.
3. Additional insured coverage for lessors of leased
vehicles where required by the terms of the lease.
4. Deletion of Fellow Employee Claim Exclusion at the
insured option.
5. Contractual Liability Exclusion not to apply to "hired
car" coverage.
6. Notice and Knowledge of Occurrence Provision to be the same as
found under the Commercial General Liability coverage.
7. Coverage to apply to mobile equipment while being
transported by a covered vehicle.
8. Trailers to be insured whether or not designed for travel on
public roads.
Additional Insured: The State and the Department of Corrections shall
be additional insured as their interest may appear.
III. OTHER PROFESSIONAL LIABILITY
Professional liability insurance with minimum limits of $3,000,000 combined
single limit shall be required for providers
of professional services who may include, but need not be limited
to, the following:
1. Teachers 4. Nurses
2. Social Workers 5. Lawyer
3. Doctors 6. Consultant
Additional Insured: The State and the Department of Corrections
shall be additional insured as their interest may appear with
respect to the operations of the Contractor.
IV. PROPERTY
1. Building and Contents
a. Coverage should apply on a blanket basis and with an
Agreed Amount Clause.
b. Perils are to be insured on an "All Risk" basis.
c. Replacement cost coverage should apply to all building
and contents; vehicles parked within the confines of
their service center(s), fire stations, or normal garage
locations are to be included.
d. The deductible should apply per occurrence. All deductibles
or self- insured retention levels shall be reviewed for
financial adequacy.
e. Coverage to allow insured to rebuild destroyed building on
another site.
f. Full policy limits to apply to glass losses involving catastrophic losses
(i.e., fire, explosion, windstorm, etc.)
2. Time Element
a. Combined business interruption and extra expense coverage with
limits of $100,000 is desired on a blanket all-risk basis.
b. Coverage should include an Agreed Amount Clause.
V. MOBILE EQUIPMENT FLOATER
1. Coverage should be All Risk including flood and water
damage.
2. Coverage should continue in force if property is loaned
or rented.
3. Coverage should be on a replacement cost basis with no
co-insurance requirement.
4. Coverage to automatically apply to newly acquired equipment,
subject to a maximum limit of $1,000,000 and reporting of such
acquisition within 90 days.
VI. ELECTRONIC EQUIPMENT/DATA PROCESSING
1. Coverage in the form of an All Risk Data Processing System
Equipment policy or equivalent.
2. Coverage is for data processing systems, including equipment
and component parts with replacement Value.
3. Coverage should be broadened to include the additional perils
of:
a. Accidental erasure;
b. Electronic and magnetic injury;
c. Mechanical breakdown;
d. Change in temperature;
e. Dryness and dampness of atmosphere;
f. Transit coverage.
4. Valuation will be on a replacement cost basis with either no
Co-Insurance Clause or an Agreed Amount Endorsement.
5. Media reconstruction, including extra expense, should be
included to a limit of $100,000.
VII. VALUABLE PAPERS
1. All Risk Valuable Papers coverage (other than data processing
media) with blanket limits of $100,000 for all locations.
Coverage should apply to reconstruction of the insured
records.
2. Coverage to include transit coverage.
3. No provisions requiring storage in vault, safe or metal
cabinet.
4. Exclusion relating to loss of property not specifically
declared if such property cannot be replaced with other of like kind
to be eliminated.
VIII. BOILER & MACHINERY
1. "Broad Coverage" for mechanical, electrical and air
conditioning equipment.
2. Limits should equal loss to property of the insured.
Contamination should be covered, as well as extra expense,
business interruption, consequential loss, and off-premises
power/utility service loss should be provided.
3. Coverage should be on a repair or replacement basis.
4. Expediting expenses should be covered with a minimum
limit of $25,000.
IX. EMPLOYEES BLANKET BOND, DISAPPEARANCE, DESTRUCTION AND
DISHONESTY
1 . Employee Blanket Bond (fidelity) and crime coverage shall be for all
employees and officials for a minimum limit of $1,000,000. Coverage
should apply to terminated employees and officials for ninety (90) days
following termination.
2. Coverage is to include third party funds in the custody of
the Contractor.
X. WORKERS' COMPENSATION
Statutory benefits must be provided, plus Employer's Liability
minimum limit of $1,000,000.
ATTACHMENT #9
ARIZONA DEPARTMENT OF CORRECTIONS
DEFINITIONS
TYPES OF WRITTEN INSTRUCTIONS
Written Instructions - The primary method for management to communicate its
philosophy, mission and expectations to employees, inmates and the public. The
following are the only written instructions authorized for development after
January 1995.
Department Orders
The highest level of written instruction within the Department issued
under the Director's signature and uniformly numbered and formatted.
These written instructions cross organizational lines to guide the
administration and operation of the Department.
Technical Manuals
Written instructions issued by Assistant Directors by exception only.
Technical Manuals are limited to cases in which a written instruction
affects ONLY ONE Division. They typically apply to a limited number of
employees in highly specialized areas, providing a level of detail
unnecessary to the majority of employees. Technical Manuals shall:
Not place responsibility or requirements on any other Division. Be specifically
required by the Department Order.
Be consistent with the Department Order. Be uniformly formatted for each
Division.
Reflect the subject of the authorizing Department Order. Be numbered consistent
with the Department Order. Divisions may add alphanumeric designations to the
end of the number to facilitate identification, access and retrieval.
Institutional Orders
A written instruction issued under a Warden's or Community Correctional
Center (CCC) Administrator's signature to address issues/practices
unique to the institution or CCC.
Institutional Orders shall:
Be developed only when authorized by a Department Order. Be consistent with
higher level instructions. Be formatted in accordance with the Department's
standardized format. Reflect the subject of the authorizing Department Order.
Be numbered in accordance with the Department's standardized numbering system.
Institutions may add alpha-numeric designations to the end of the number to
facilitate identification, access and retrieval.
Post Orders
Written instructions signed by a Deputy Warden or CCC Administrator
that provide a detailed description of all responsibilities, duties and
functions of a particular post/work assignment, to include specific
procedures for carrying out activities. Post Orders shall:
Be consistent with all higher level instructions. Be written for all identified
posts. Be consistently numbered and titled from institution to institution,
although content will vary to reflect local operations.
ATTACHMENT #10
PER DIEM RATES AND SLIDING SCALE
PER DIEM RATES
RTC: $29.35 per bed, per day for all 200 beds regardless of
occupancy
DUI: $35.40 per inmate, per day based on 100% occupancy, as per
Sliding Scale shown below
SLIDING SCALE
TO BE USED FOR DUI PER DIEM PAYMENT
OCCUPANCY LEVEL
100% 99% 9 B,/o 97% 96% 95% 94%
TOTAL INMATES ASSIGNED
000 - 000 00 - 000 000 - 389 388 - 385 384 - 381 380 - 377 376 - 373
PAYMENT
$35.40 $35.99 $36.32 $36.66@ $37.01 $37.36 $37.72
ANY OCCUPANCY LEVEL BELOW 94% SHALL BE PAID AT A PER DEEM RATE OF $37.72.
ATTACHMENT #11
SUSPENSION OR DEBARMENT STATUS
CERTIFICATION
By signing this certification, the offeror certifies that the firm, business or
person submitting the offer has not been debarred, suspended or otherwise
lawfully precluded from participating in any public procurement activity with
any Federal, State or Local Government. Signing this Certification without
disclosing all pertinent information about a debarment or suspension shall
result in rejection of the offer or cancellation of a contract. The State also
may exercise any other remedy available by law.
Signature Date
Typed Name and Title of Authorized Representative
ATTACHMENT #11 Contractor Name:
Correctional Services Corporation
Contract No. DC-PO-PRIV-96/97-6790
Fee Schedule
Contractors are required to provide a per them rate that will cover provision of
ALL required services. The identified rates must include amortized capital
costs.
Type the rates in the spaces provided. Then fill in each expense item's relative
daily cost within each rate. Ensure the allocated costs include costs for those
specific services for each prison. For expenses not covered by the budget
hierarchy, create a title and provide a description. Complete the Budget
Narrative worksheets for each expense item to provide supporting detail and to
reflect calculations used to reach shown costs.
The Fee Schedule must be signed by the authorized signatory where indicated.
Per Diem Rate for RTC beds: $ daily per bed (200 beds)
Per Diem Rate for DUI: $ per day per inmate
Breakdown of relative daily costs included in the proposed rates:
Summary Total Daily Cost Allocated Costs
Object Object 600 Beds RTC DUI
6000 Personal Services $
6010 Regular Employees Compensation $ $ $
6100 Employee Related Expenditures
6110 Insurance $ $ $
6150 Retirement $ $ $
6180 Other Employee Benefits $ $ $
6200 Professional and Outside Services
6250 Financial $ $ $
6270 Institutional Care $ $ $
6290 Legal $ $ $
6310 Medical and Hospital Services $ $
6470 Other $ $ $
6500 Travel--In State
6510 Public Transportation
6540 Non-Public Transportation
6580 Subsistence $ $ $
6590 Miscellaneous $ $ $
6600 Travel--Out-of-State
6610 Public Transportation $ $ $
6640 Non-Public Transportation $ $ $
6680 Subsistence $ $ $
6690 Miscellaneous $ $ $
6700 Food
6710 Perishable $ $ $
6730 Non-Perishable $ $ $
6750 Miscellaneous $ $ $
6996 Payments to State Inmates $ $ $
7000 Other Operating Expenditures
7010 Advertising $ $ $
7020 Depreciation Expense $ $ $
7030 Postage Delivery Services $ $ $
7040 Telecommunications $ $ $
7050 Insurance $ $ $
7100 Lease/Rental--Land & Buildings $ $ $
7120 Lease/Rental--Data Processing $ $ $
Equipment
7140 Lease/Rental--Vehicles $ $ $
7180 Lease/Rental--Other Machine and $ $ $
Equipment
7310 Printing and Photography $ $ $
7510 Repair/Maintenance--Non-Contract $ $ $
7540 Repair/Maintenance--Contract $ $ $
7570 Operating Supplies $ $ $
7670 Repair & Maintenance Supplies $ $ $
7710 Resale Supplies $ $ $
7850 Utilities & Related Expenditures $ $ $
7960 Miscellaneous (Include interest $ $ $
expense here)
7975 Books & Related Expenditures $ $ $
7989 Educational/Training/Etc. $ $ $
8100 Land $ $ $
8200 Buildings
8210 Non-Movable $ $ $
8230 Movable $ $ $
8300 Improvements Other Than Buildings
8340 Library and Museum Acquisitions $ $ $
(Law Library)
8390 Miscellaneous Improvements Other
Than Buildings $ $ $
8400 Machinery and Equipment
8410 Data Processing Equipment $ $ $
8420 Software $ $ $
8430 Motorized Vehicles $ $ $
8450 Other Machinery & Equipment $ $ $
8550 Other Capital Outlay $ $ $
TOTALS: $ $ $
Authorized Signatory
Contractor. Correctional Services Cooperation
ersona erv.@ices,
Summary Object 6010
Name of Private Prison: Arizona State Prison-Xxxxxxxx Xxxx
Contract No: DC-OP-PRIV-96/97-6790
BUDGET NARRATIVE I
Instructions: On the following pages, the Contractor shall provide written
narratives for each summary object code shown as a cost factor on the fee
schedule. Calculations provided via the budget narrative shall ultimately
breakdown to the total daily costs shown on the fee schedule. Contractor may
computerize the Budget Narrative forms; however, format and content must remain
unchanged.
.11,
. ..........I
Summary object 6010 Regular Employees Compensation List proposed staff and
accompanying monetary costs.
Position Title
FTE
Base
Shift Differential
Total Payroll
Contractor: Correctional Services C
....... .. I'@..@ ......
FTE
Base
Shift Differential
Total Payroll
Contractor: Correctional Services Corporation
BUDGET NARRATIVE I
(Duplicate pages as necessary)
Page _ of
Instructions: In the space provided, identify all costs included
in the specified summary object code(s). Any calculations
provided shall al1 ultimately breakdown to the total daily costs
shown on the fee schedule. It is understood, that if a summary
object code is not explained in the Budget Narrative, the
Contractor has not identified that summary object as a cost factor iii the fee
schedule.
Duplicate this page as needed
...cI
summary object odes 6110 through 6180
:.: :1@: I 11:
:11,Object Codes'6250 through 6470
Summary Object Codes 6510 through 6590
Contractor:
Correctional Services Corporation
BUDGET NARRATIVE I
(Duplicate pages as necessary)
Page _ of
Instructions: In the space provided, identify all costs included in the
specified summary object code(s). Any calculations provided shall ultimately
breakdown to the total daily costs shown on the fee schedule. It is understood,
that if a summary object code is not explained in the Budget Narrative, the
Contractor has not identified that summary object as a cost factor- iii the fee
schedule.
.11...................@.111,
Summary Object 6610 through 6690
Summary Object Codes 6710 through 6750
Contractor: Correctional Services Corporation
BUDGET NARRATIVE I
(Duplicate pages as necessary)
Page _ of
Instructions: In the space provided, identify all costs included in the
specified summary object code(s). Any calculations provided shall ultimately
breakdown to the total daily costs shown on the fee schedule. It is understood,
that if a summary object code is not explain ' d in the Budget Narrative, the
Contractor has not identified that summary object as a cost factor- in the fee
schedule.
Payments to state inmates (WIPP)
IL summary Object
701 through 7989
Contractor: Correctional Services Corporation
Page of
BUDGET NARRATIVE I
(Duplicate pages as necessary)
Instructions: In the space provided, identify all costs included in the
specified summary object code(s). Any calculations provided shall ultimately
breakdown to the total daily costs shown on the fee schedule. It is understood,
that if a summary object code is not explained in the Budget Narrative, the
Contractor has not identified that summary object as a cost factor- iii the fee
schedule.
Summary
Contractor: Correctional Services Corporation
BUDGET NARRATIVE I
(Duplicate pages as necessary)
Page _ of
(Duplicate pages as necessary)
Instructions: In the space provided, identify all costs included in the
specified summary object code(s). Any calculations provided shall ultimately
breakdown to the total daily costs shown on the fee schedule. It is understood,
that if a summary object code is not explained in the Budget Narrative, the
Contractor has not identified that summary object as a cost factor in the fee
schedule.
Summary object 410 through 8450
Contractor: Correctional Services Corporation
BUDGET NARRATIVE I
(Duplicate pages as necessary)
Page _ of
(Duplicate pages as necessary)
Instructions: In the space provided, identify all costs included in the
specified summary object code(s). Any calculations provided shall ultimately
breakdown to the total daily costs shown on the fee schedule. It is understood,
that if a summary object code is not explained in the Budget Narrative, the
Contractor has not identified that summary object as a cost factor- iii the fee
schedule.
Authorized Signatory
Date
ATTACHMENT #13
LEGAL DESCRIPTION FOR SECURE PRISON SITE
(TO BE PROVIDED BY CSC PRIOR TO CONTRACT EXECUTION)
ATTACHMENT #14
NEGOTIATION PARAMETERS FOR PURCHASE OF
SECURE PRISON
PURCHASE AGREEMENT
RFP #6702
PRIVATIZATION OF 200 RTC AND 400 DUI PRISON BEDS
NEGOTIATION PARAMETERS FOR
PURCHASE OF SECURE PRISON
I. Formula for Payment
A. Land
Cost of Land ($187,000)
(plus) 10% Profit
(minus) Principal Paid via Per Diem
B. Buildings (Secure Prison)
Construction costs (not to exceed $8,313,000) (plus) 10%
Profit (minus) Depreciation (straight line basis over 30 year
life)
Depreciation calculated in accordance with generally accepted accounting
principles and included in CSC's audited financial statements.
The term "construction costs" shall include and be limited only to actual
expenditures for project architects, engineers. and construction trade
contractors, and shall not include any allocation of CSC's expenses for general
overhead, management and finance charges.
C. Capital Equipment On Site
Actual cost of capital equipment on site at the secure prison
pursuant to Article III, Paragraph 3.4.2.
(minus) Depreciation
A.G. Contract
No:
STATE OF ARIZONA
DEPARTMENT OF ADMINISTRATION
0000 Xxxx Xxxxxxxxxx
Xxxxxxx, Xxxxxxx 00000
PURCHASE AGREEMENT
For the Purchase of Real Estate
This Purchase Agreement is entered into between and among
Correctional Services Corporation (Seller) and
the State of Arizona (State) by the Department of Administration
(DOA) for and on behalf of the Department
of Corrections (ADC).
IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this
Agreement.
CORRECTIONAL SERVICES CORPORATION
Signature of Authorized Individual Date
Xxxxx X. Xxxxxxxx
Typed Name
President, Chief Executive OfficeR
Typed Title
0000 Xxxx Xxxxxx
Xxxxx 0000
Xxxxxxxx. Xx
Address
ESCROW COMPANY
Signature Date
Typed Name
Typed Title
Address
ARIZONA DEPARTMENT OF ADMINISTRATION
Signature of Authorized Individual Date
Xxxx Xxxxxx
Typed Name
Director
Typed Title
0000 Xxxx Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxxxx
Xxxx Wing, Room 601
Xxxxxxx, Xxxxxxx 00000
Address
ARIZONA DEPARTMENT OF CORRECTIONS
Signature Date
Xxxxx X. Xxxxxxx
Typed Name
Director
Typed Title
0000 Xxxx Xxxxxxxxx
Xxxxxxx, Xxxxxxx 00000
Address
Approved as to form this day of , 19
XXXXX XXXXX
The Attorney General
By:
Assistant Attorney General
A.G. Contract WITNESSETH
Page -1
No: xxxx
WHEREAS, Arizona Revised Statute 41-379.02 authorizes DOA to acquire real
property and buildings on behalf of the State of Arizona, and
WHEREAS, the ADC did issue Request for Sealed Proposal (RFP) Number 6702
for the privatization of 600 prison beds wherein it was described that the ADC
would have an option to purchase said private prison during the term of the
Contract, and
WHEREAS, Correctional Services Corporation (Seller) did respond to RFP
Number 6702 and was subsequently awarded a contract for the construction,
operation and management of the private prison and did agree to the State's
option to purchase prison facility under certain terms and conditions to include
the land, buildings, all fixtures, furniture, equipment and chattel
hereinafter referred to as the "Property" and further described on
Attachment #1, and
WHEREAS, the ADC did receive a Legislative appropriation to acquire the
Property which is known as the Arizona State Prison-Xxxxxxxx Xxxx (ASP-FW), and
WHEREAS, all obligations of DOA to consummate the transactions authorized
by this Agreement are contingent on the fulfillment of the conditions contained
herein, including, but not limited to, the following: obtaining clear title
together with all appurtenances; Seller's performance of all conditions
precedent of this Agreement and the issuance of an ALTA Extended Title Insurance
Policy, payable in accordance with paragraph 14 of this Agreement,
NOW, THEREFORE, in consideration of the Property and mutual promises and
undertakings contained herein, and for other good and valuable consideration,
the parties hereto agree as follows:
A. G. Contract
No:
CONTINUATION SHEET
'-Page 2
I . Sale of the Property
1. The Seller hereby sells to the State and the State hereby buys from the
Seller all rights, title and interest in the Property, subject to the terms of
this Agreement.
2. The "Purchase Price" The "Purchase Price" shall be . which is inclusive of
all costs for the land, buildings, fixtures and capital equipment, except those
costs that are otherwise identified herein. The Purchase Price shall be
negotiated in accordance with the parameters outlined within the Agreement
between the ADC and Correctional Services Corporation (Seller).
3. WARANTIES OF THE SELLER: The Seller warrants, represents, covenants and
acknowledges (with the understanding that the State is relying on these
warranties representations, covenants and acknowledgments and that such
warranties, representations, covenants and acknowledgments shall survive the
closing) that (i)
equipment, fixtures, furniture, materials and chattels located at ASP-FW and
utilized to operate the prison by Correctional Services Corporation (Seller)
ninety (90) days in advance of the Seller's receipt of notice of the intent of
ADC to exercise its option to purchase the Property shall remain in good
condition, accepting normal wear and tear and shall be available to the ADC at
time of the purchase; and (ii) except as reflected in the Preliminary Title
Report at the time of execution of this Agreement;
a. Seller can deliver fee title for the land to the State through warranty
deed to the Property without encumbrances, on the Close of Escrow, as
defined hereinafter.
b. That there are no claims, actions, suits, or other proceedings
pending or to the best of Seller's knowledge threatened by any
governmental department or agency or any other corporation,
partnership, entity or person (as defined in A.R.S. 1-215)
whomsoever ("Person"), nor any voluntary actions or
proceedings contemplated by Seller, which in any manner may
detrimentally affect the State's right, title or interest in
and to the Property or the value of the Property or Seller's
ability to perform Seller's obligations under this Agreement.
c. That no person is in adverse possession of the Property and there are
no persons who have been granted any license, lease or other right
relating to the use or possession of the Property other than those listed
on Attachment #2.
A.G. Contract
No: CONTINUATION SHEET
d. That there have been no written modifications of those agreements that
allow other Persons to access the Property other than those agreements
that have been provided to the State. The Agreements have not been
modified by any oral agreements. Seller shall provide an assignment of
existing agreements to the State.
e. That there are no pending or threatened condemnation or similar
proceedings affecting any part of the Property, and the Seller has not
received any notice of any such proceeding and has no knowledge that any
such proceeding is contemplated.
f. That no work is in progress at the Property and no materials have been
furnished to the Property which might 'give rise to mechanic's, material
man's or other liens against the Property.
g. That the Seller is not prohibited from consummating the
transactions contemplated by this Agreement by any law, regulation,
agreement, instrument, restriction, order
or judgment.
h. That there are no attachments, executions, assignments for the benefit of
creditors, receiverships, conservatorship or voluntary or involuntary
proceedings in bankruptcy or pursuant to any other laws for relief of
debtors contemplated, filed by or pending against Seller or any entities
related to Seller which might affect or involve the Property, except as
described on Attachment #3.
i. That there is no default, nor has any event occurred which with the
passage of time or the giving of notice or both would constitute a default
in any contract, mortgage, deed of trust, lease, or other instrument which
related to the Property or which affects the Property in any manner
whatsoever, except as described on Attachment #4.
j. That there are no contracts or other obligations outstanding for
the sale, exchange, or transfer of all or any part of the Property.
k. That the Seller has taken all actions necessary to protect and preserve
all water rights with respect to the Property and shall provide water
rights assignments to the State.
I. That Seller shall have performed fully and complied with the agreements
required to be performed or complied with by it prior to or at the Close
of Escrow, including satisfaction of the requirements contained in the
"Requirements" section of Schedule "B" of the Preliminary Title Report
referred to in paragraph 11(a) of this Agreement.
m. That Seller has not and will not at any time prior to Close of
Escrow grant to any
person an interest in the Property.
4. Escrow Company:
a. An escrow shall be opened by either party with (the "Escrow
Company").
A.G. Contract
No:
CONTINUATION SHEET
--,Page 4
b. By countersigning this Agreement, the Escrow Company, by and through
its duly authorized representative, hereby accepts this transaction and
agrees to act as the Escrow Company in connection with this Agreement.
5. Close of escrow shall be on , or as soon thereafter as escrow can be
closed. Both parties shall use their best efforts to have the Close of Escrow on
the specified date.
6. Possession and title of the Property shall pass from the Seller to the
State on the date that Close of Escrow occurs.
7. Payment: On or before the date of Close of Escrow, the State shall pay
to the Escrow Company the Purchase Price as shown in Paragraph 2. of this
Agreement. The Escrow Company shall release the funds to the Seller on the date
of Close of Escrow. 8.
8. Documents and Escrow: All documents necessary to close escrow shall be
deposited in escrow with the Escrow Company by the appropriate party. Except as
otherwise provided, in this Agreement, the Seller and the State agree to execute
all documents, including, but not limited to, the documents and deeds in this
Agreement or otherwise necessary to close this transaction, in the standard form
used by the Escrow Company, except that the Seller and the State hereby instruct
the Escrow Company to modify such documents to the extent necessary to be
consistent with this Agreement and to be incompliance with Arizona law.
9. Evidence Title to the Property shall be conveyed by warranty deed which
shall specifically reference all of the ground water and the surface water
rights which are appurtenant to the Property and on file with the Arizona
Department of Water Resources. The title shall be in the name of the State of
Arizona by and through the DOA.
10. Joint Committee of Capital Review ((JCCR) Approval Required: T he S t a
t e ' s obligation to perform under this Agreement is conditioned upon the
approval of the JCCR. The DOA shall use its best efforts and shall act
diligently and take all steps necessary to obtain the approval and to consummate
the transaction.
A.G. Contract
No:
CONTINUATION SHEET
--Page 5
11. Contingencies required to be met by Seller: The State's obligation to
consummate this transaction and to fulfill the obligations under this Agreement
is subject to the satisfaction of the following conditions precedent:
a. Title Insurance and ALTA Survey
Preliminary Title Report: ' Within ten (10) days after the receipt of a
copy of this Agreement by the Escrow Company, the Escrow Company shall provide
the State a current conunitment for the title insurance (the "Preliminary Title
Report") disclosing all matters of record and other matters about which the
Escrow Company has knowledge and a legible copy of each of the instruments and
documents referred to in the Preliminary Title Report. The State shall have
fourteen (14) days after receipt of the Preliminary Title Report and the
instruments and documents referred to therein to object in writing to the Seller
to any matter shown thereon. If the State objects to any matter disclosed by the
Preliminary Title Report or any amendment thereof, the Seller shall either
rescind the Escrow Agreement on or before five (5) days prior to Close of Escrow
or shall have until the date of Close of Escrow to cause to be removed any such
objected matter from the Preliminary Title Report and any amendment and policy
of title insurance to be issued in favor of the State. If the Seller does not
rescind or remove the objected to matter, the State may (1) waive such default
and close Escrow; (2) may institute an action for specific performance or
damages; or (3) may exercise any other rights available to it by law or equity.
ii. Title Policy: The Seller shall furnish to the State an owner's ALTA
extended title insurance policy for the full amount of the purchase price as
shown in paragraph 2 of this Agreement to be paid for as provided in paragraph
14 of this Agreement, which shall be issued by the Escrow Company showing good
and marketable title to the Property, free from defects, claims and
encumbrances, except as follows: (1) restrictive covenants of record; (2) zoning
regulations; (3) easements and rights-of way of public utilities; (4) printed
exceptions contained in the Owner's ALTA extended title insurance policy; and
(5) any matters contained in the Preliminary Title Report and not objected to by
the State pursuant to paragraph 1 1 (a)(i) above. If title to the Property
otherwise is defective at the Close of Escrow, the State may elect at its sole
option, either to accept title subject to defects which are not cured or to
cancel this Agreement.
b. Survey: Seller shall provide the State with a certified ALTA survey
("Survey") of the Property no later than sixty (60) days prior to the Close of
Escrow setting forth an accurate legal description of the land contained within
the Property and showing the location of the precise boundaries thereof,
together with the improvements, utilities and any other structures on the
Property and all easements, encroachments, rights-of-way and other matters
affecting or appurtenant to the Property, whether recorded, visible or otherwise
known to exist. The DOA shall approve the surveyor prior to the survey being
performed. The area of the Property shall be set forth on the survey. The cost
for the survey shall be paid for as provided in paragraph 14. of this Agreement.
A.G. Contract
No:
CONTINUATION SHEET
@.-Page 6
c. Examination of Property: The Seller shall pen-nit access to the Property by
the State and/or its agents upon reasonable advance notice to the Seller prior
to Close of Escrow, to conduct, prepare and perform any studies, surveys or
reports upon the Property that the State deems necessary and for the purpose of
a visual inspection and/or testing to determine, to the State's satisfaction, if
there are any hazardous wastes, or other pollutants, on the Property in excess
of the standards set forth in federal or state law or regulations. If any
possible hazardous wastes or other pollutants, are found, whether through visual
inspection, testing or otherwise, the State may be required to disclose these
findings to third persons under the public disclosure laws, and will disclose
them to the appropriate federal and state agencies concerned with the
enforcement of environmental laws and regulations. Access to the property shall
not interfere with the on-going business operations on the Property. The right
to inspect the Property shall not diminish nor nullify the Seller's warranties
or indemnification's as set forth in this Agreement. The State will be
responsible for any reasonable damages, but no de minimis damages, to the
Property caused by it during any access to the Property under this paragraph.
12. Water Rights. Non-foreign Affidavit and Lease assignment: The Seller
shall provide the documents listed below to the Escrow Company at least twenty
(20) days prior to Close of Escrow for review and approval by the State. If the
State does not receive the documents by such time, then the State
shall have the right to cancel or extend the Close of Escrow, without
penalty, at its sole option.
a. Assignments of Water Rights
b. Non-foreign Affidavit
c. Assignment of Leases in form substantially similar to
Attachment #5.
13. Taxes: Taxes due on the Property through the Close of Escrow shall be
the responsibility of and paid by the Seller.
14. Closing and Escrow Costs: Except as otherwise provided in this
Agreement, all closing and other costs shall be prorated between the Seller and
the State in accordance with local custom and applicable laws and rules. The
Seller and the State shall share equally the charge for the ALTA Survey fees.
The Seller shall pay the premium for the standard owner's title insurance
policy. The State shall pay, within the amount of the Purchase Price, the
additional costs of the ALTA extended owner's policy of title insurance.
15. Broker Commissions: Each party represents and warrants to the other
that there are no brokers, finders or real estate agents or other entities
involved in this transaction and
A.G. Contract
No:
CONTINUATION SHEET
--,-Page 7
there shall be no fees, commissions or other costs to be paid by the State
to any broker, finder or real estate agent or other person(s). 16. Seller's
Warranties and Maintenance of the Property: Except as otherwise provided in this
Agreement, the Seller shall maintain and repair the Property so that, at the
time possession is transferred to the State, the Property shall be in
substantially the same condition as on the date the ADC authorized inmate
occupancy of ASP-FW. The Seller warrants that all heating, cooling, plumbing,
septic, electrical systems and roofs will be in working condition on the date of
possession by the State. The Seller warrants that, prior to the Close of Escrow,
payment in full will have been made for all labor, materials, machinery,
fixtures or tools furnished within the one hundred twenty (120) days immediately
preceding the Close of Escrow in connection with the construction, alteration or
repair of any structure on or improvement to the Property. 17. Termite Report;
Treatment and Repairs: The parties agree that, at the Seller's expense, the
Seller shall provide the State within thirty (30) days after execution of this
document, a termite inspection report by a licensed pest control contractor,
from a list approved by the State, which describes the condition of the
buildings, relative to termite infestation and damages and that such report
shall show the buildings to be free from current infestation. Charges for
termite treatment, if any, to produce such report shall be paid for by the
Seller. If any damages to the buildings are reported, the State may rescind this
Agreement, or accept the property as described in the termite report. The
State may give its written notice of which alternative it elects
within thirty (30) days from receipt of the termite inspection
report.
18. Environmental Law Warranties:
a. Use of the Property: The Seller warrants that no
portion of the Property is now being or has ever been
used as follows:
A.G. Contract
No: CONTINUATION SHEET
---Page 8
i. In a manner requiring the issuance of a permit covering the discharge or
disposal of a pollutant or waste into any waters, ground waters, or aquifer of
the State of Arizona or waters of the United States.
ii. For the treatment, collection, storage or disposal of any refuse,
objectionable waste or any material in a manner inconsistent with applicable
federal, state or local law.
iii. For the generation, transport, treatment, storage or disposal of any
hazardous waste subject to regulation under the Arizona Hazardous Waste
Management Act, A - R - S. 49-921 et seq., or the Resource Conservation and
Recovery Act, 42-U. S. C., 6901 et seq.
iv. For the manufacture, processing, distribution in commerce, use, or
disposal of any toxic substance subject to regulation under the Toxic Substances
Control Act, 15 U.S.C. 2601 et. seq.
v. For any underground storage tank subject to regulation pursuant to
A.R.S. 491 00 I et. seq. or 42- U. S. C. 6991 a et. seq.
vi. For any injection well, dry well, or any similar facility subject to
regulation pursuant to A.R.S. 49-331 et. seq. or the Safe Drinking Water Act, 42
U.S.C. 300f et seq.
vii. In a manner requiring compliance with the Emergency Planning and
Community Right to Know Act of 1986, 42 U. S. C 1 1 00 I through 1 1 050,
including, but not limited to, the duty to prepare material safety data sheets,
emergency and hazardous chemical inventory forms and toxic chemical release
forms.
viii. In any manner requiring compliance with the Clean Air Act, 42 U.S.C.
7401 through 7640, including laws and regulations relating to asbestos, 42-
U.S.C. 7412 through 7414; and 40 Code of Federal Regulations, Part 61. The
Seller warrants that no asbestos-containing material is located on, in or within
the Property which is the subject of this sale.
b.: The Seller warrants that there is no current and there has been no past
release or substantial threat of a release of a hazardous substance, pollutant,
or contaminant from or onto the Property or the environment adjacent to the
Property that are or may be subject to regulation under applicable federal,
state or local law, or that may make the State liable in tort under a common law
public or private nuisance action.
c. Pending Investigation or Lawsuit: The Seller warrants that to the best
of the Seller's knowledge, no portion of the Property is the subject of a
threatened or pending investigation or lawsuit or administrative action by any
person, firm, governmental body or other entity relating to or arising from any
matter of circumstance subject to regulation described in subparagraphs 17 a. or
b. above and the Seller has received no official notice of any alleged violation
of any applicable federal, state or local environmental law.
A.G. Contract
No: CONTINUATION SHEET
--.-Page 9
d. environmental Laws:
Seller's knowledge, the Property and all the operations on the Property
comply fully with all federal, state or local environmental laws and
regulations. The Seller warrants that to the best of
e. Seller's Activities and Use: The Seller warrants that the Seller and its
employees, agents, lessees and users, have not engaged in nor permitted any
operations on or activities upon or any use or occupancy of the Property for the
purpose of or involving the handling, treatment, storage, use, release,
discharge, refining, dumping or disposal of any substance described in
subparagraphs 18 a. and b. above, on, under, in or about the Property, nor
transported any such substances to, from or across the Property, nor has the
Seller, its agents, employees or lessees constructed, deposited, stored or
otherwise located such substances on, under or about the Property.
f. Indemnity : The Seller shall indemnify and hold harmless the State, its
employees, and agents from and against any and all loss, damage and expense
(including, but not limited to, reasonable investigation and legal fees and
expenses) including, but not limited to, any damages, claim or action for
injury, liability or damage to persons or property, and any and all damages,
claims or actions brought by any person, firm, governmental body or other
entity, alleging or resulting or arising from or in connection with a breach of
any of the foregoing environmental law warranties.
g. Survival : All warranties, agreements, and indemnification's contained
in subparagraphs a. through f. above shall survive the Close of Escrow, and
shall run to the State's successors, assigns, and subsequent purchasers.
h. Environmental Conditions: Notwithstanding other termination clauses in
this Agreement, the State, if it is dissatisfied with the environmental data
known, or which may become known, to it, may cancel this Agreement to purchase
the Property by giving written notice thereof.
19. Risk f Loss: If there is any loss or damage to persons or to the
Property between the date of this Agreement and the Close of Escrow, by any
reason, including but not limited to fire, vandalism, flood, earthquake, act of
God, negligence, willfulness or recklessness, the risk of loss shall be on the
Seller.
20. Cancellation: Any party who elects to cancel this Agreement because of
any breach by another party, and who is not itself in breach of this Agreement
except for any breach occasioned by a breach by the other party, may cancel this
Agreement by delivering to the Escrow Company a notice stating that this
Agreement shall be canceled unless the breach is cured within ten (10) days
following the delivery of the notice to the other party. Within three (3) days
after receipt of such notice, the Escrow Company shall
A.G. Contract
No: CONTINUATION SHEET
Page 10
forward the notice by United States mail to the party in breach and no
further notice shall be required. If the breach is not cured within ten (10)
days following the delivery of the notice to the other party, this Agreement
shall be canceled and the breaching party shall be liable for all customary
escrow cancellation charges. If this escrow fails to close for any other reason,
the Seller and the State shall each be liable for one half of all customary
escrow cancellation charges.
21. Survival: This Agreement shall survive the Close of Escrow as to any
terms, conditions, agreements, warranties, or representation which are to apply
thereafter.
22. Successors and Assigns: This Agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective heirs, personal
representatives, successor-in-interest and assignees.
23. Notice: All notices, requests, demands, consents, approval and any
other communications which may or are required to be served or given hereunder
(for the purposes of this provision collectively called "Notices"), shall be in
writing and shall be sent by certified United States mail, return receipt
requested, postage prepaid, addressed to the party or parties to receive such
notice as such addresses appear on the signature page of this Agreement or to
such other address as either party may from time to time furnish in writing, to
the other by notice hereunder. Any notice so mailed shall be deemed to have been
given as of the date such notice is received on the return receipt. Furthermore,
such notice may be given by delivering personally such notice to the State to
the below listed individuals or to such other person as either party may from
time to time designate in writing to the other by notice hereunder. Any notice
so delivered shall be deemed to have been given as of the date such notice is
personally delivered to the other party.
Notices to be delivered to:
A.G. Contract
No: CONTINUATION SHEET
Department of Administration Department of Corrections
Assistant Director Assistant Director
General Services Administrative Services
I Page 1 1
Correctional Services Corporation (Seller)
President, Chief Executive Officer
24. Time: Unless otherwise indicated, all periods of time referred to in
this Agreement shall refer to calendar days and shall include all Saturdays,
Sundays, and state or national holidays, provided that if the date or last date
to perform any act or give any notice with respect to this Agreement shall fall
on a Saturday, Sunday or state or national holiday such act or notice may be
timely performed or given on the next succeeding day which is not a Saturday,
Sunday or state or national holiday.
25. Headings: Headings are for convenience only and are not to be construed
as part of this Agreement.
26. Invalidity of a Term: The parties agree that in the event any term,
covenant or condition herein contained should be held to be invalid or void, the
invalidity of any such term, covenant or condition shall in no way affect any
other term, covenant or condition of this Agreement.
27. Conflict of Interest: The parties acknowledge that this Agreement is
subject to cancellation pursuant to A.R. S. 38-51 1, the provisions of which are
incorporated herein.
28. Prohibition Against Discrimination: In the event that it applies, the
parties agree to comply with State Executive Order
No. 75-5 which mandates that all persons, regardless of race, color,
religion, sex, age, national origin or political affiliation, shall have equal
access to employment opportunities, and all other applicable Federal and State
laws, rules and regulations, including the Americans with Disabilities Act.
29. Maintaining and Producing Records: Pursuant to A.R.S. 35- 214, the
Seller shall retain for inspection and audit by the State all books, accounts,
reports, files, and other records relating to the performance of this Agreement
for a period of five (5) years after A. G. Contract No:
CONTINUATION SHEET
-Page 12
its completion. Upon request by the State, a legible copy of all such
records shall be produced by the Seller at the administrative office of the
Auditor General. The original of all such records shall also be available and
produced for inspection and audit when needed to verify the authenticity of a
copy.
30. Governing Law and Venue:
30. Governing Law and Venue: This Agreement shall be construed under the
laws of the State of Arizona. Any arbitration or other action arising out of
this Agreement, whether for the enforcement thereof or otherwise, shall be
brought in Maricopa County, State of Arizona.
31. Arbitration: To the extent required by A.R.S. 12- 1518, the parties
agree to use arbitration to resolve any dispute arising out of this Agreement in
accordance with Arizona law.
32. Time is of the Essence: Time is of the essence of this Agreement.
33. Authority: Each person signing this Agreement warrants that each has
the full power and authority to execute this Agreement and consummate the
transaction contemplated hereby on behalf of the party each represents.
34. Negotiated Agreement: This Agreement is the result of negotiations
between the parties and, accordingly, shall not be construed for or against
either party regardless of which party drafted this Agreement or any portion
thereof.
35. Entire Agreement: This Agreement, together with its attachments as well
as the Agreement between the ADC and
Correctional Services Corporation (Seller) constitutes the entire agreement
between the parties relative to the purchase of the Property and supersede any
other written or oral agreement between the parties regarding this matter.
36. Amendments: This Agreement can be modified only by a written amendment,
signed by all parties.
A.G. Contract
No:
CONTINUATION SHEET
Page 13
37. Attachments: The following is a list of the Attachments which form a
part of this Agreement and, unless otherwise stated herein, all of which are
incorporated herein by reference as if set forth in full:
a. Attachment #1 - Legal Description of land and buildings, improvements
and chattel which make up the Arizona State Prison-Xxxxxxxx Xxxx, otherwise
collectively known as the Property
b. Attachment #2 - List of Leases, if any
c. Attachment #3 - Listing of Actions that may impact the purchase of the
Property (attachments, executions, assignments for the benefits of creditors,
receiverships, conservatorship or voluntary or involuntary proceedings in
bankruptcy, etc., filed or pending against Seller.
d. Attachment #4 - Listing of Actions that have occurred that would
constitute a default in any contract, mortgage, deed of trust, lease, or other
instrument which relate to the Property or affect the Property in any manner.
e. Attachment #5 - Form of assignment of leases, if any
ATTACHMENT #1
DESCRIPTION OF PROPERTY
LAND
Legal Description - 18 Acres (Specific legal description for 18
acres to be added)
SECURE PRISON
This Agreement is for the purchase of a 600 bed, level 2 (minimum security)
prison located in Pinal County sited on approximately 18 acres of land as
described above. The secure prison shall be comprised of the following:
1 . Housing units for 200 Return to Custody Inmates and 400 DUI
Inmates.
One 200 bed dormitory for RTC inmates - 23,320 square feet Two 200 bed
dormitories for DUI inmates - 46,640 square feet (23,320 square feet each)
2. Facility Administration building - 34,368 square feet
Functions: Administration, kitchen/food service, chapel,
medical, property, commissary, visitation, intake, central
control, dining/multi-purpose/indoor recreation, laundry,
mechanical, classrooms.
3. Equipment Storage/Maintenance Building - ? square feet
4. Utilities City of Xxxxxxxx water, sewer and fire services.
U.S. West provides telephone services and Arizona Public Service
provides electricity.
5. Paving
Page 2
Attachment #1
Purchase Agreement
Security
The perimeter security system will consist of one fourteen foot loop top
perimeter fence with "no-climb" (1/4 inch hardware cloth) at the top six (6)
feet of the fence on the inside, the mesh at the bottom of the fence shall be
embedded in a concrete base. Razor wire on the top of the fence at least at
those points where the perimeter fence abuts to a building. Adequate security to
ensure that inmates remain within the perimeter and to prevent access by the
general public.
Secure locks on all outside doors.
Perimeter and site lighting as required for perimeter and site layout which
meets the operational needs of the prison.
Sallyports - pedestrian and vehicle to control access to and from the
prison.
Closed Circuit Television System
Furniture, fixtures, equipment and chattel
