Exhibit 10(i)
OKLAHOMA DEPARTMENT OF CORRECTIONS
HALFWAY HOUSE EXPANDED SERVICE CONTRACT
(Based on Fixed Rate Fee)
Revised 6/28/99
This contract made and entered into this 1/st/ day of July, 1999, by and
between the Oklahoma Department of Corrections, Chief of Population Management
and Fiscal Operations, hereinafter "DOC", acting pursuant to the provisions of
57 O.S. 1991, Section 561 as amended, and Southern Corrections Systems, Inc.,
hereinafter, Contractor.
W I T N E S S E T H
Whereas, DOC desired to purchase the services of the Contractor for those
purposes and duties hereinafter enumerated on paragraphs numbed 1 and 2 below,
and;
Whereas, the Contractor is willing to provide such services under the terms
and conditions hereinafter set forth.
Now, therefore, in consideration of the mutual covenants and promises
hereinafter set forth, the parties agree as follows:
1. Facility Location:
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1.1 Contractor agrees to house the inmates assigned under this contract
in the facilities located at Avalon Correctional Center, 000 Xxxx
Xxxxxx, Xxxxx, XX 00000; Xxxxxx Correctional Center, 0000 Xxxxxxxxx
0xx, Xxxxxxxx Xxxx, XX 00000; and Xxxxxx Correctional Center, 0000
Xxxxx Xxxxxxxxxx, Xxxxx, XX 00000.
1.2 The Contractor shall not be allowed to house any inmates at another
location or building under this contract without first receiving
written permission from the DOC contract monitor.
2. Contractor's Conditions and Services:
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2.1 Shall provide three nutritionally balanced meals, according to a menu
approved by a licensed dietician, daily per correctional inmate.
Additionally, religious and special diets shall be prepared as
required.
2.2 Shall provide at least one on duty alert staff for each forty- ( 40)
inmates for supervision and assistance to correctional inmates at all
times. One individual shall be a roving patrol when all other staff
is absent. In the alternative, the contractor may submit a written
staffing plan for its
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location(s) which if accepted by DOC shall be attached hereto and
incorporated by reference.
2.3 Shall only provide occupancy that does not exceed the State Fire
Xxxxxxxx occupancy rating. Shall maintain clean, safe and healthy
living areas and grounds.
2.4 Shall provide indoor and outdoor recreational activities for inmates.
2.5 Shall provide procedures to maintain all inmate information in strict
confidence and shall not release such information pertinent to a
presently or previously assigned inmate in accordance with Department
of Corrections policy. One exception being DOC host facility or
contracting office employees, after showing proper identification,
shall have access to the facility and inmate records at all times in
accordance with OP-0602l2.
2.6 Shall maintain facilities in such condition so as to comply with all
applicable local and state fire and health codes, as well as
compliance with the Life Safety Codes. Copies of each inspection
shall be provided to the local district office/contract monitor
office and within seven (7) days of occurrence with a plan of
corrective action to address deficiencies attached.
2.7 Shall maintain the facility in compliance with the standards of this
contract and the American Correctional Association Standards for
Adult Community Residential Services. The contractor must establish
files which contain information to demonstrate compliance with 100
percent of the mandatory standards and 90 percent of the non-
mandatory standards at the time of the initial audit. The Contractor
shall conduct an internal audit of the standards in the first quarter
of the fiscal year. A copy of this audit shall be forwarded to the
contract monitor's office and the host facility. Written corrective
action plans by the contractor shall be forwarded to the contract
office within 5 days of the contractor's audit.
2.8 Shall provide such additional services as DOC may reasonably require
which are necessary to maintain the health and safety of the
inmate(s) serviced under this contract.
2.9 The Contractor shall attend and participate in an annual meeting/
training session with the Department of Corrections district
office/contract office staff in order to maximize contract
performance.
2.10 The facility shall employ one case manager, trained by the district
office, who also provides guidance and makes appropriate community
referrals for employment and budgeting services.
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2.11 Shall insure a case manager/counselor, maintains individual
chronological files documenting each inmate's program goals, crew
assignment, evaluations, compliance with DOC policies governing
classification status, earned credit level, parole board summaries,
individual case plans, budgeting, release preparation, place of
employment verification checks, programmatic leaves, and any other
significant events. This information shall be submitted in a timely
manner to the district office for review to ensure accuracy and
timeliness of information.
2.12 Classification actions as a result of programmatic failure or
disciplinary action to higher security shall be prepared by the
contractor, and forwarded to the district office/host facility
within two working days.
2.13 Shall ensure in accordance with DOC policies that each inmate budgets
earned income, OP-120230 ensures jobs are monitored and that time
credits OP-0602l3 are submitted monthly to the local district office
on each inmate in a timely manner.
2.14 Shall provide all transportation and supervision in accordance with
DOC policy OP-040l1l to medical/counseling appointments for all
inmates at University Hospital, Oklahoma City and Xxxxxxx Hospital in
Norman, as well as appointments scheduled at local medical facilities
and doctor's offices; also transportation of all inmates scheduled to
appear at the monthly parole board meeting when scheduled,
transportation for program, employment, emergency leaves, to and from
the district office and all other activities except from one
Department of Corrections facility to another. If the destination
point for transported inmates exceeds 50 map miles, one way, the
contractor shall be paid an additional fifteen dollars per hour per
employee required for transport. Separate xxxxxxxx must be submitted
for the travel charges under this section. If the contractor charges
for more than one employee per trip, the billing must adequately
describe the reason more than one employee was necessary.
2.15 Contractor shall require inmates to clean their respective living
areas to include sweeping, mopping, washing windows, etc: as well as
communal group programs such as visiting rooms, group rooms, etc.
Inmates may also be used for lawn mowing, trash dumping and minor
maintenance of the facility. Nothing contained herein shall prohibit
the use of trustees as provided for by law and the payment of inmate
pay. Prior to assigning inmates on trustee status to the contractor,
the DOC host facility must approve the assignment. The intent is that
inmates will not be used in lieu of paid workers
2.16 Shall provide information to DOC staff of the arrest of any employee
of the halfway house. All of the Contractor's employees who perform
regular work at the facility shall be finger printed and a background
check
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conducted by the Oklahoma State Bureau of Investigation at the
expense of the Contractor. This check shall occur when an employee is
initially hired or upon the effective date of this contract if the
facility is operating.
2.17 The contractor will not employ any individual who is under
supervision or jurisdiction of any parole, probation, or correctional
authority. Persons with previous criminal convictions, but who are
not under supervision, may be considered for employment as treatment
coaches or counselors; however, the Department of Corrections
reserves the right of approval in such cases. Consideration will be
given to such factors as criminal history, time elapsed since
conviction(s) must be a minimum of six months, and subsequent
adjustment in the community.
2.18 At a minimum, the facility shall continuously maintain accredited
status for American Correctional Association Standards for Adult
Community Residential Services, Third Edition. Accreditation shall be
continuously maintained for the term of this contract and any
extensions thereof. Failure to comply shall result in termination of
this contract.
2.19 The facility shall operate in accordance with and keep Sections 3, 6,
9 and 12 of the Department of Corrections Operations Policies updated
as they are issued:
2.19.1 Specifically, Section 3 policies as listed:
OP-030 111--Inmate Pass Program
OP-030134---Chemical Abuse Testing
OP-031001---Inmate Escorted Leave Program
2.19.2 Section 6 Policies as listed:
OP-060103---Custody Assessment procedures
OP-060104---Community Corrections Assessment
OP-060105---C1assification Assessment Reviews
OP-060125---Disciplinary Procedures
OP-060204---Inmate Transportation
OP-060205---Pre-Parole Procedures
OP-060213---Earned Credit Classes
2.19.3 Section 9 Policies as listed:
OP-090106---Assignment of Inmates to Public Works Programs
OP-090124---Inmate/Offender Grievance Process
OP-090129---Reintegration
OP-090131---0ffender Financial Responsibility Program
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2.19.4 Section 12 Policies as listed:
OP-120202---Inmate Pay Program
OP-120230---Inmate Trust Fund
2.20 The Contractor shall be responsible for the costs of DOC required
forms.
2.21 The facility shall provide office space and equipment-furnishings for
the district office/contract monitor staff in close proximity to
other administrative offices and reasonably comparable. The office
shall have a lock, which is not master keyed and shall be provided
with a desk, chairs, access to telephone/fax/computer lines.
2.22 All Inmates shall undergo routine, random, and suspect drug and
alcohol testing. At least 5 percent shall be tested monthly and a
summary of the results furnished to the contract monitor, District
Supervisor and Programs Administrator according to Department policy
OP-030134. Suspect drug and alcohol testing shall be in addition to
the random 5 percent testing.
2.23 The facility shall provide restrictive housing (RHU) space for those
offenders, in its facility. This space is to be provided within the
halfway house by construction of a unit or through the payment to the
local city/county jail for the housing of the offender(s). If an
inmate, who the contractor deems inappropriate, is placed in RHU, the
contractor shall notify the district office and the contract monitor
the first working day after the inmate is placed in RHU. If an inmate
is found to be inappropriate for remaining at the HWH, then the
district and the contract monitor will be notified the same working
day. DOC will become responsible for the inmate (including RHU
contract costs) if he is not transferred within 7 days of the
district office's approval of the transfer.
2.24 Inmates shall enter halfway house status only from the public works
center population with the following three exceptions (the offender
has a parole board stipulation, is ineligible for PPWP or has
completed a vo-tech program at another facility).
2.25 The contractor shall notify the Department regarding use of force and
serious incidents in accordance with Departmental Operations Policy
050108. The facility will notify both the local district office and
contract monitor according to policy by telephone of all serious
incidents and will fax copies of all reports prepared within 24 hours
to the district office and contract office on the forms provided.
After business hours, the local district office/contract office will
receive the notice and reports.
2.26 Shall provide services for a program to operate a inmate residential
center as authorized in 57 O.S. 1991, Section 563 as amended.
Additionally the
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Contractor shall be responsible for acquiring the necessary Public
Works Contracts to fulfill the needs and requirements of its Public
Works inmates. Preference shall always be given to honor State Agency
contracts first. All Public Works Contracts entered into by the
contractor must be approved in writing by DOC.
2.27 Shall provide public works inmates transportation in staff driven
vehicles or ensure transportation by crew supervisors to and from
work site location(s) or a common drop off/pick up site as may be
agreed upon by the parties and approved by the district office. Shall
provide transportation of halfway house inmates in staff driven
vehicles, bus tokens or arrangements with employers as agreed by all
parties.
2.28 Shall provide regular and periodic work site inspections and document
such inspections in a permanent log.
2.29 The Contractor shall provide the public works inmates three sets of
work clothes, to include a coat, work shoes/boots, caps and gloves.
The Contractor shall have 90 days from the effective date of this
contract to comply with this sub-section and clothe inmates in
compliance with the Departments community work centers and community
corrections centers.
2.30 The Contractor shall provide all inmates on site for the public works
program and those trustees utilized on site for maintenance and food
service, monthly pay in accordance with OP-120202, 20% of which must
be placed in the inmate's mandatory savings. The Contractor is
responsible for negotiating contracts for all Prisoner Public Works
crews being maintained by the Halfway House.
2.31 The Contractor will afford inmates access to reasonable, impartial
and non-discriminatory grievance and misconduct procedures addressed
in the Departments Operations Policies, including a final level of
appeal as provided in this section. Misconduct procedures and
penalties must reflect the department's, since it affects security
level and classification.
2.31.1 The facility is responsible to respond to grievances and
appeals on matters occurring during the inmate's
incarceration in the facility, except sentence administration
issues and classification to lower or higher security status
in accordance with DOC policy.
2.31.2 Complete, accurate, detailed reports of the disciplinary
actions against inmates are provided to the local district
office within seven (7) working days of the date the action
is finalized or the punishments administered. Administration
of the disciplinary sanction which affects time calculation
or sentence length must be in accordance with Departmental
policy OP-060125 and approved
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by the local district office supervisor/designee. Loss of
earned credits must be approved by the department and may be
adjusted.
2.32 Contractor agrees to maintain general liability insurance and workers
compensation insurance in an amount acceptable to DOC for all
employees and activities performed under this contract. A certificate
of insurance acceptable to DOC will be furnished within 15 days of
the execution of this agreement.
2.33 Inmate Programs. All programs will be approved by the Department
Programs Administrator and Contract Monitor. All
habilitation/rehabilitation programs i.e., substance abuse, self-
help, cognitive/behavioral, etc. will target criminogenic needs and
the reduction of criminal risk of the inmate. Program participation
will be recorded on all participants and submitted monthly per
operating standards. Programs, except for education and vo-tech, will
be assessed and evaluated by Department staff according to the
Correctional Programs Assessment Instrument (CPAI). Programs must be
assessed as "satisfactory" or above to be an approved program.
Corrective action plans must be submitted to the Contract Monitor on
programs assessed as less than satisfactory and/or have noted
deficiencies. Programs with deficiencies will be reassessed upon
completion of the tasks in the corrective action plan, but no later
than one year from the date of the corrective action plan for
programs with major deficiencies.
3. Areas of Performance:
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The general operations of the contractor shall be overseen by the local
district office supervisor/designee to include review of classification
paperwork, disciplinary actions, attendance of staff meetings, review of
policy changes, review of both incoming and outgoing transfer requests and
changes in a inmates status on center. The services of the Contractor shall
be performed under the general administration of Xxxxx X. Xxxxxx, Chief of
Population Management and Fiscal Operations, Oklahoma Department of
Corrections. The Contractor will be inspected quarterly and audited
annually to ensure the conditions and services are being adequately
provided.
4. Medical Responsibilities:
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4.1 DOC shall provide all medical, mental health and/or dental services
unless DOC approves alternate services or such services are as a
result of a medical and/or dental emergency.
4.1.1. Medical emergency shall be defined as danger or threat of the
loss of life or extremity.
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4.1.2. Dental emergency shall be defined as acute problems in the
mouth exhibiting symptoms of pain, swelling, bleeding and/or
elevation of temperature.
4.2 The Contractor shall notify DOC as prescribed in section 2.25 and the
DOC CHSA of any medical/dental emergency immediately after such
emergency or within the first working day after said emergency
occurs.
5. Payment for Services:
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5.1. The State agrees to pay as compensation for the services provided
hereunder a fixed rate of $31.75 times the number of inmate days,
excluding date of arrival, in a single monthly payment which may be
adjusted in accordance herewith.
5.2. Pursuant to statute and any amendments thereto, any increase shall
not exceed the previous years Consumer Price Index for all Urban
Consumers (CPI-U) as prepared by the United States Bureau of Labor
Statistics or as otherwise may be provided by State law.
5.3. DOC shall not be liable for and shall not pay the Contractor for any
expenses not herein expressly provided for.
5.4. The contractor has agreed to a minimum number of 160 inmates for
Xxxxxx Correctional Center, 150 inmates for Avalon Correctional
Center, and 135 for Xxxxxx Correctional Center, that it will accept.
Should the number of inmates fall below this number and remain at
that level for more than 30 days, the Contractor may at his option,
waive the minimum number or give notice of his intent to terminate
the contract pursuant to paragraph 6 below.
5.5. This contract is for an indefinite number of inmates and days. DOC
makes no representations or guarantee that the Contractor will house
any number of inmates for any amount of time. The State will not pay
for any unused beds.
6. Liquidated Damages Non-Performance Penalties:
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6.1 In the event of non-compliance by the contractor, the State may
withhold as liquidated damages the amounts designated in Attachment B
from any amounts owed to the contractor. The parties agree that due
to the complicated nature of the contractors obligations under this
contract it would be difficult to specifically designate a monetary
amount for the Breach by the contractor designated in Attachment B as
said amounts are likely to be uncertain and not easily proven.
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6.2 The State shall notify the contractor in writing of the Breach and
afford 30 days time to cure the breach unless the matter is so
serious that immediate correction is needed or unless a longer time
period is mutually agreed upon.
6.3 After the time to cure has passed and the breach continues or remains
uncured, the State shall notify the contractor in writing of the
amounts to be withheld as liquidated damages.
6.4 Liquidated damages shall be assessed for each day the Breach remains
uncured.
6.5 The State is not obligated to assess liquidated damages before
availing itself of any other remedy.
6.6 The State may choose to discontinue liquidated damages and avail
itself of any other remedy available under this contract or at law or
in equity.
7. Termination of Convenience:
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Either party may terminate this agreement at any time by giving written
notice to the other party of such termination and specifying the effective
date thereof at least 30 days prior to the effective date of such
termination. Such written notice shall be by registered mail to DOC in care
of Xxxxx X. Xxxxxx, Chief of Population Management and Fiscal Operations,
Oklahoma Department of Corrections, Private Prison Unit 0000 Xxxxxxx Xxxx,
Xxxxx 0000, Xxxxxxxx Xxxx, XX 00000 and to the Contractor at XX Xxx 00000,
Xxxxxxxx Xxxx, XX 00000. Notice given pursuant to the provisions of this
paragraph shall be deemed sufficient for all purposes.
8. Duration of Agreement:
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This contractual Agreement shall be in effect through June 30, 2000, the
end of the fiscal year for the State of Oklahoma.
9. Regulations:
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9.1. This Agreement and all rights and duties arising thereunder shall be
governed interpreted and construed according to the provisions of and
under the laws of the State of Oklahoma.
9.2. This document represents the entire agreement between the parties.
Any modification, amendment or addition thereto must be in writing,
executed by the parties and specifically referencing this Agreement.
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9.3. In accepting this contract the Contractor agrees that their books,
records, documents, accounting procedures or any other items relevant
to this contract are subject to examination by the other party and
the State Auditor and Inspector.
9.4. The contractor shall perform all the duties herein through its own
employees. None of the duties required by this agreement, including
restrictive housing space, shall be performed by another contractor
or sub-contractor unless the agreement has been first approved in
writing by the DOC.
In Witness Thereof, the parties have executed this Agreement in triplicate
on the 30/th/ day June, 1999.
Oklahoma Department of Corrections Contractor
/s/ XXXXX X. XXXXXX, /s/ XXXXX XXXXXXXXXX
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Xxxxx X. Xxxxxx, Chief of Population
Management and Fiscal Operations
Approved as to form:
/s/ XXXX X. XXXXXXX
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Xxxx X. Xxxxxxx
Assistant General
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Affidavit of Non Collusion
STATE OF OKLAHOMA )
) SS
COUNTY OF OKLAHOMA )
XXXXX XXXXXXXXXX of lawful age, being first duly sworn, on oath says:
1. (s)he is the duly authorized agent of Southern Correction the Contractor
under the contract which is attached to this statement, for the purpose of
certifying the facts pertaining to the giving of things of value to government
personnel in order to procure said contract;
2. (s)he is fully aware of the facts and circumstances surrounding the making
of the contract to which this statement is attached and has been personally and
directly involved in the proceedings leading to the procurement of said
contract; and
3. neither the Contractor nor anyone subject to the Contractor's direction or
control has paid, given or donated or agreed to pay, give or donate to any
officer or employee of the State of Oklahoma any money or other thing of value,
either directly or indirectly, in procuring the contract to which this statement
is attached.
/s/ Xxxxx Xxxxxxxxxx, President
--------------------------------------
Subscribed and sworn to before me this 30/th/ day of June, 1999.
/s/ XXXXX XXXXXX
---------------------------------------
Notary Public (or clerk or Judge)
(Seal)
00
XXXXXXXX X
LIQUIDATED DAMAGES
Liquidated damages for each day of a breach will be calculated as follows:
V x B x $15.00 when
V = Relative value of Service Area
B = Relative value of the Breach
Service Area 1: Value = 5: Security and Control, ACA Accreditation, Health
Services, Use of Force, Escapes, Contract Monitoring,
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Operator Breach B
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Failure to Provide Service 5
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Failure to Document 2
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Failure to Report 2
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Failure to Comply with Other 5
Applicable Requirements
Service Area 2: Value = 4: Sanitation and Hygiene, Food Service, Mail, Religion,
Access to Court, Inmate Discipline, Grievance, Visitation, Records and Reports,
Employee Qualifications & Training
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Operator Breach B
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Failure to Provide Service 4
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Failure to Document 2
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Failure to Report 2
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Failure to Comply with Other 4
Applicable Requirements
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Service Area 3: Value = 3: Operating Standards, Transportation, Maintenance,
Repairs and Replacements, Inmate Work, Academic & Vocational Training, Sentence
Computation Data, Classification & Case Management, Commissary,
Policies/Procedures/Post Orders, Inmate Management Fund/Bank Accounts
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Operator Breach B
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Failure to Provide Service 3
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Failure to Document 1
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Failure to Report 1
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Failure to Comply with Other 3
Applicable Requirements
----------------------------------------------------------
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APPENDIX B (continued)
Service Area 4: Value = 2: Laundry and Inmate Clothing, Telecommunications,
Supplies/Perishables, Recreation ;
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Operator Breach B
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Failure to Provide Service 3
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Failure to Document 1
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Failure to Report 1
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Failure to Comply with Other 3
Applicable Requirements
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