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GEO Contract for Moore Haven Facility, FDOC, 2009
Division of Specialized Services 4050 Esplanade Way, Suite 335 Tallahassee, Florida 32399-0950 Tel: 850.488-4290 Fax: 850.922-619"'1· www.dms.MyFlorida.com Governor Charlie Crist Secretary Linda H. South Moore Haven Correctional Facility Operations and Management Contracts, Exhibits and Addendums DMS Contract No. 06/07-103 REDACTED for PUBLIC RECORDS REQUEST Michael Weber, Chief Private Prison Monitoring 01129/2009 We serve those who serve Florida. MOORE HAVEN CORRECTIONAL FACILITY OPERATIONS & MANAGEMENT SERVICES CONTRACT Moore Haven Correctional Facility Operations &Management Services Contract Contract No. DMS 06/07~103 Page 1 ofSl This Contract made and entered into on this 1st day of July, 2007, by and between THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, BUREAU OF PRIVATE PRISON MONITORING (hereinafter referred to as the IIBUREAU II ) and The GEO Group (hereinafter referred to as theIlCONTRACTORII). . WITNESSETH: . Whereas; it is necessary that budget resources be allocated effectively; and Whereas, the Florida Legislature, Chapter 957, Florida Statutes, authorizes the BUREAU to enter into a contract with a private entity for the operation, maintenance, and management of a secure correctional facility housing 985-bed, adult male, minimum/medium custody inmates located in Glades County, Florida knmynas Moore Haven Corr~ctiona1 Facility (the "Facility"); and Whereas, an Invitation to Negotiate (DMS 06/07-103) was issued on December 15, 2006, by the BUREAU in o~der to select a contractor to operate, maintain, and manage the Facility; and . Whereas, on May 29, 2007, the BUREAU announced its intent to award a contract to· CONTRACTOR for the operation, maintenance, and management of the Facility, and on June 1, 2007, announced its award of the Facility operation, maintenance, and management contract to CONTRACTOR. . Now, therefore, in consideration ofthe agreements contained herein, the parties agree: ARTICLE ONE DEFlNITIONS The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below: ' ACA: American Correctional Association. ACA STANDARDS or STANDARDS: The Standards for Adult Correctional Institutions (Fourth Edition, 2003) published by ACA (as heretofore supplemented and as same may be modified, amended, or supplemented in the future). ADDITIONAL SERVICES: . Additional operational and management services required to be furnished by the CONTRACtOR, which are required by changes in ACA Standards, laws, government policies, regulations, or court orders generally applicable to the BUREAU ane; which cause an increase in the cost of operating and managing the Facility. AUTHORIZED REPRESENTATIVE: The person designated in writing to act for and on behalf of a party of this Contract, which designation has been furnished to the other party hereto. In the case of the CONTRACTOR, the Authorized Representative shall be designated in writing by its President or any Vice President. The designation of the' CONTRACTOR's initial Authorized Representative shall be delivered to the BUREAU no later than. the effective date of this Contract. The CONTRACTOR's Authorized Representative may designate other persons to assist such Authorized Representative in the performance of certain obligations required by this Contract. In the case of the BUREAU, the BUREAU Chief is hereby designated as its Authorized Representative. At any time, either party may designate any person as its Authorized Representative by delivering to the other party a written designation signed, if on behalf of the CONTRACTOR by its President or Vice President, or if on behalf of the BUREAU by the BUREAu Chief. Such designations shall remain effective .Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 2 51 of until new written instruments are filed with or actual notice is given to the other party that such designations have been revoked. BREACH OF CONTRACT: Any of the events or circumstances described in Article 10. BUREAU: The Florida Department of Management Services, BUREAU ofPrivate Prison Monitoring. CLOSE CUSTODY GRADE: Refers to a class of inmates who must be maintained within an armed perimeter or under direct, anned supervision when outside of a secure perimeter. Transport off institutional. grounds requires two anned transport officers and the inmate will be restrained using . handcuffs, waist chains with handcuff cover and leg irons. CONTRACT: This Operation and Management Services Contract, together with all attachments and exliibits hereto, and all amendments and modifications hereof, entered into between and by the BUREAU and the CONTRACTOR. CONTRACT ADMINISTRATOR: TheDMS employee who is primarily responsible for maintaining the official Contract file. As of the :affective Date of the Contract, the Contract Administrator is Patty Davis, 4050 Esplanade Way, Suite 260, Tallahassee, Florida 32399. DMS may appoint a different· Contract Administrator, which shall not constitute an amendment to the Contract, by sending notice to ·the . CONTRACTOR. . CONTRACT DOCUMENTS: The Contract, together with the Invitation to Negotiate issued by the BUREAU and the CONTRACTOR's response thereto, all of which documents are attached hereto by reference and become a part hereof. In the event of ambiguity or contradiction among the Contract Documents, the foilowing order of authority shall apply: this Contract; Invitation to Negotiate, CONTRACTOR's response thereto. CONTRACT MANAGER: The BUREAU employee who is primarily responsible for management. and oversight of the Contract and evaluation of the CONTRACTOR's performance of its duties and obligations pursuant to the terms of tb,e Contract. The Contract Manager is currently BUREAU Chief. The BUREAU may appoint a different Contract Manager, which shall not constitute an amendment to the Contract, by sending notice to CONTRACTOR. Any communication from the CONTRACTOR to the BUREAU relating to the Contract shall be addressed to the Contract Manager. COURT ORDERS: Any existing or future orders· or judgments issued by a court of competent jurisdiction ot any existing or future stipulations, agreements, or plans entered into in connection with litigation that are applicable to the operation, management, or maintenance of the Facility or related to the care and custody of inmates at the Facility. . DAY: A calendar day. DC: The Florida Department of Corrections. DMS: The Florida Department of Management Services. FACILITY: The 985-bed, adult male, minimum/medium custody secure correctional Facility located in Glades County, Florida, known as the Moore Haven Correctional Facility, and designed and constructed for the detention of minimum/medium custody inmates. Further expansion of this Facility may be authorized by the BUREAU. In the event further expansion of the Facility occurs, . per diem and other adjustments will be made upon mutual agreement of the parties. FIXED EQUIPMENT: Refers to all equipment and systems necessary to. the operation of the Facility, . Moore I1aven Correctional Facility Operations & Management Services Contract ContractNo.DMS 06/07-103 Page 3 of 51 which are an integral part of, or permanently attached to, a structure, or permanently connected to the Facility utilities. FORCE MAJEURE: means an act or acts of God (i.e., hurricane, tornado, earthquake, natural fire), riot, act(s) of terrorism, war or national emergency legally excusing the failure to perform any of the terms and ' conditions of this Contract. INMATE: Any person within the legal custody of the DC assigned to be housed at 'the Facility over which DMS has contractual authority. INMATE DAY: Each day 'on which an inmate is ~oused at the Facility, including the first, but not the last day of incarceration as determined by the midnight count of each day. LEASED FURNISHINGS AND EQUIPMENT: The items ofpersonal property as described ill Article 4.2 of this Contract to be financed or refinanced by disbursements from the Project Account and leased to the BUREAU pursuant to the terms and provisions of the Lease Agreement. MANAGEMENT SERVICES AGREEMENT. OR CONTRACT: This Operation and Management Services Contract, together with all attachments and exhibits hereto,' and all amendments and modifications hereof, entered into between,and by the BUREAU and the ,CONTRACTOR: MEDIUM CUSTODY GRADE: As used herein, refers to a class of inmates who are eligible for placement at a facility with a secure perimeter and require armed supervision for all movement outside the secUre perimeter. Such inmates may be transported without armed supervision if in a secure vehicle that does not leave institutional grounds. Transport off institutional grounds, in addition to amled supervision, requires a minimum restraint of handcuffs. MOVABLE EOUIPMENT: An furniture and equipment not permanently attached to the Facility. ' ON-SITE CONTRACT MANAGER: The employee 'or employees of the BUREAU designated to. monitor the operation of the Facility for contract compliance and to coordinate actions and communications between the DC and the CONTRACTOR. The O~-site Contract Manager will be designated by the BUREAU. The On~site Contract Manager will be the official liaison between the BUREAU and the CONTRACTOR on all on-site matters pertaining to the operation and management services ofthe Facility. ' ~: The Occupational Safety & Health Administration. PER DIEM RATE: The total cost charged and paid per inmate, per inmate day for the delivery of operation and management services at the Facility. PRIVATELY OPERATED INSTITUTION INMATE WELFARE TRUST FUND (POIlWTF): A tnlst fund account maintained by the DC that is required by Section 945.215, Florida Statutes, and into which the net proceeds derived from operating inmate canteens, vending machines used primarily by inmates, receipts from telephone commissions, and similar sources shall be deposited monthly. PUBLIC ENTITY CRIMES: As defined in Section 287.l33(1)(g), Florida Statutes, "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Contract for goods or services to be provided to any public entity or an 'agency or political subdivision of any other or of the United States and involving antitnlst, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. SERVICE COMMENCEMENT DATE: The date on whi~h the CONTRACTOR shall begin providing operations and management services at the Facility under this Contract, the date which shall be July 1, 2007; Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 4 ofS! STATE: The State of Florida, including the Florida Department of Management Services or any other state governmept entity referenced therein. These terms may be used interchangeably. SUBCONTRACT: An agreement entered into by the CONTRACTOR with any other person or entity to perform any performance obligation for the CONTRACTOR specifically related to securing or fulfilling the CONTRACTOR's obligations to the BUREAU under the terms of this Contract. SUBCONTRACTOR: Any person or entity other than an employee of the CONTRACTOR who performs or agrees to perform any of the CONTRACTOR's obligations under the terms of this Contract. TRANSFER AGREEMENT: The Cooperative Transfer Agreement between the BUREAU, the CONTRACTOR, and the DC, which establishes guidelines for transfer of inmates between the Facility and facilities operated by the. DC. UNFORESEEN CIRCUMSTANCES: Those acts or occurrences beyond the reasonable contemplation of the parties at the time of execution of this Contract that materially alter the financial conditions upon which this Contract is based. ARTICLE TWO SCOPE OF WORK Article 2.1· Purpose. The purpose of this Contract is to establish the terms and conditions under which the CONTRACTOR shall operate and manage the Facility. ARTICLE THREE TERM OF THE CONTRACT AND REPRESENTATIONS Article 3.1 Term. This Contract shall commence at 12:01 a.m. on the Service Commencement Date and terminate three (3) years thereafter, unless terminated earlier pursuant to Article 10 of this Contract. The BUREAU may renew the Contract for additional two-year periods by giving written notice to the CONTRACTOR of its desire to do so at least one hundred twenty (120) days before the original or any subsequent termination date with concurrence of the CONTRACTOR. Article 3.2 Representations of the BUREAU. The BUREAU represents and warrants to and for the benefit of the CONTRACTOR, with the intent that the CONTRACTOR will rely thereon for purposes of entering into this Contract, as follows: . 3.2.1 Authorization. This Contract has been duly authorized, executed, and delivered by the BUREAU and, assuming due execution and delivery by the BUREAUconsntutes a legal, valid, and binding agreement enforceable against the BUREAU in accordance with its terms. 3.2.2 Disclosure. There is no material fact which rj:laterially and adversely affects or in the future will (so far as the BUREAU can now reasonably foresee) materially and aqversely affect the BUREAU's ability to perform its obligations under this Contract which has not been accurately ·set forth in this Contract or otherwise accurately· disqlosed in writing to the CONTRACTOR prior to the date hereof. 3.2.3 StatutOly Contingency. The State's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Florida Legislature, pursuant to Section 287.0582, Florida Statutes; the State is not obligated for any payments that exceed the amount of the current appropriation, pursuant to Section 957.04(1)(h),(2)(d), Florida Statutes. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 !'ageS 6fS1 ---------------------------------------_ _-.._.- Article 3.3 Representations of CONTRACTOR. The CONTRACTOR represents and warrants to and for the benefit of the BUREAU, with the intent that the BUREAU will rely thereon for purposes of , entering into this Contract, as follows: 3.3.1 Organization and Qualification. The CONTRACTOR has been duly incorporated and is validly existing as a corporation in good standing under the laws in its jurisdiction of incorporation with power 'and authority to own its properties and conduct its business as presently conducted. The CONTRACTOR is duly qualified to do business as a corporation in good standing in Florida.. 3.3.2 Authorization. This Contract has been duly authorized, executed, and delivered by the CONTRACTOR, and constitutes a legal, valid, and binding agreement enforceable against the CONTRACTOR in accordance with its terms. 3.3.3 No Defaults under Agreement. The CONTRACTOR is not in default, nor is there any event in. existence which, with notice or the passage of time or both, would constitute a q.efault by the CONTRACTOR, under any indenture, mortg~ge, deed of trust, lease, loan agreement, license, '. security agreement, contract, governmental license or permit, or other agreement or instrument to which it is a party or by which any of its properties are bound .and which default would materially and adversely affect the CONTRACTOR's ability to perform its obligations under this Contract. . 3.3.4 Compliance with Laws. Neither the CONTRACTOR nor its officers and directors pmporting to act on behalf of the CONTRACTOR have been advised, and have no reason to believe, that CONTRACTOR or such officers and directors have not been conducting business in compliance with all applicable laws, rules, and regulations of the jurisdictions in which the CONTRACTOR is conducting business including all safety laws and laws with respect to discrimination in hiring, promotion or pay of employees or other laws affecting employees generally, except where failure .to be so in compliance would not materially and adversely affect the CONTRACTOR's ability to perform its obligations under this Contract. 3.3.5 No Litigation. Except as previously disclosed in writing to the BUREAU, there is not' now pending nor, to the know.ledge of the CONTRACTOR, threatened, any action, suit, or proceeding to which the CONTRACTOR is a party, . before or by any court or governmental agency or body, which might result in any material adverse change in the CONTRACTOR's ability to perform its obligations under this Contract, or any such action, suit, or proceeding related to environmental or civil rights matters: and no labor disturbance by the employees of the CONTRACTOR exists or is imininent which might be expected to materially and adversely affect the CONTRACTOR's ability to perform its obligations under this Contract. . 3.3.6 Taxes. The CONTRACTOR has filed all necessary federal, state, and foreign income and franchise tax returns and has paid all taxes as shown to be due thereon; the CONTRACTOR has no knowledge of any tax deficiency which has been or might be asserted against the CONTRACTOR which would materially and adversely affect the CONTRACTOR's ability to perform its obligations under this Contract. 3.3.7' Financial Statements.. The CONTRACTOR has delivered, or will deliver, to the BUREAU copies of the following financial statements with all sub schedules and footnotes: a balance sheet, profit and loss statement, and a change in financial position schedule for each of Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 6 ofS! . the prior three (3) years. Such financial statements fairly present the financial position of the CONTRACTOR at the date shown and the results of its operations for the periods covered, and have been prepared in confonnity with generally accepted accounting principles applied on a consistent basis, except as discussed in the notes to the financial statements. 3.3.8 No Adverse Change. Since the date of the CONTRACTOR,'s most recent balance sheet provided to the BUREAU, there has not been any material adverse change in the CONTRACTOR's business or condition, nor has there been any' change in the assets or liabilities or financial condition of the CONTRACTOR from that reflected in such balance sheet which is material to the CONTRACTOR's ability to perform its obligations under this Contract. 3.3.9 Disclosure. There is no material fact which materially and adversely affects or in the future will (so far as the CONTRACTOR can now reasonably foresee) materially and adversely affect CONTRACTOR's ability to perform its obligations under this Contract which has not been accurately set forth in this Contract or otherwise accurately disclosed in writing to the BUREAU prior to the date hereof. Failure to disclose such material facts, as described above, is grounds for termination for false representation. ARTICLE FOUR POSSESSION Article 4.1 Possession ofFacilitv. On the Services Commencement Date, the BUREAU shall grant to the CONTRACTOR exclusive use, possession, and control of the land and property comprising the Facility and its grounds, subject to terms of this Contract and to the right of the BUREAU and other appropriate parties to enter and/or inspect the Facility and its grounds pursuant to Article 4.10. The design of the Facility will be owned by the S,tate of Florida. Article 4.2 Possession of Leased Furnishings and Eauipment On the Services Commencement Date, the BUREAU will grant the CONTRACTOR exclusive use and possession, subject to the tenns of this Contract, of leased furnishings' and equipment. Items purchased with state funds are owned by the. State of Florida and shall remain with the Facility in the event of termination or nonrenewal of this Contract. All furnishings 'and equipmeJ;lt are State property, except for CONTRACTOR Property as set forth under Article 4.5. Article 4.3 Inventory. The CONTRACTOR shall prepare and/or maintain an inventory of leased furnishings and equipment. Such inventory shall include the manufacturer, model number, serial number, monetary value (purchase cost), and assigned identification number. Leased furnishings and equipment shall remain part of the Facility and may not be removed from the Facility, without prior written approval from the On-site Contract Manager. The BUREAU shall be entitled to conduct an inventory of leased furnishings and equipment prior to or within a reasonable time. after· the Services Commencement Date, and shall be entitled to conduct an inventory of leased furnishings and equipment throughout the Term of this Contract. The CONTRACTOR shall cooperate with the BUREAU in its conducting of all inventories of leased furnishings and equipment. Article 4.4 Replacement oflnventory. The CONTRACTOR, subject only to furnishings, fixtures, and equipment covered by Article 4.9, shall replace inventory with like items having like functional ability, life expectancy and quality within sixty (60) days of the date of discovery of loss, theft, damage or inoperability beyond repair. Such replacement items shall be added to the inventory and shall become the property of the State. The On-site Contract Manager shall be notified quarterly, in writing, when an item of leased furnishings and equipment is replaced. Such notification must Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS'06/07-103 Page 7 of 51 include all pertinent information (including a copy of the purchase receipt showing purchase cost, manufacturer, model number, serial number and assigned identification number) for the replaced item. Inoperable items replaced by the CONTRACTOR shall be disposed of by the CONTRACTOR with prior approval by the BUREAU. Article 4.5 CONTRACTOR Property. The CONTRACTOR will provide such other" furnishings, fixtures, and equipment as_ it deems necessary, which shall be clearly identified and inventoried. Ownership of this property shall remain with the CONTRACTOR and may be removed from the premises at any time by the CONTRACTOR, provided that any damage to the Facility resulting from any removal pursuant to this Article shall be repaired by the CONTRACTOR at the CONTRACTOR's expense. Any additional furnishings, fixtures, and equipment purchased by the CONTRACTOR during the term of this Contract may be purchased by the BUREAU at the conclusion of the Contract at the CONTRACTOR's cost, less depreciation. Documentation of costs shall be provided. Article 4.6 Sanitation and Hygiene. The CONTRACTOR shall provide an environmentally clean, healthy, and safe Facility for both employees and inmates as follows: A. Sanitation and hygiene will be maintained, at a minimum, at a level equivalent to the level maintained at DC facilities. All floors, including concrete, shall be waxed and buffed. All areas of the Facility shall be. maintained free of cobwebs or dust build-up, including ceiling and wall grills. The grounds will be free of all trash. All kitchen equipment and utensils.·shall be free of grease build-up. B. All areas of the Facility shall be inspected regularly for cleanliness and such inspections shall be documented. C. D. E. Lighting, ventilation and heating equipment shall be functioning at all times. No fire, safety or health hazards shall exist. All plumbing equipment, including toilets, sinks, and showers shall be operating properly at all times. F. All hazardous chemicals shall be inventoried, stored and maintained in accordanye with OSHA's policy and procedures. G. Food service areas shall be clean and in compliance-with applicable state health regulations. <\ Article 4.7 Utilities. The CONTRACTOR shall furnish all utilities. Article 4.8 -Maintenance. The CONTRACTOR shall maintain the physical structure of the Facility and all tangible personal property contained therein, including leased furnishings and equipment, in accordance with applicable ACA Standards and Article 4.9, including all maintenance related to structural conditions or defects as well as ordinary routine maintenance. The CONTRACTOR shall maintain, preserve and keep the Facility and leased furnishings and equipment in good repair, working order and condition, subject to normal wear and tear. The CONTRACTOR shall promptly make or cause to be made all necessary and proper repairs, including those identified by selfmonitoring and the BUREAU's inspections. All such- replacements and renewals_ shall thereupon become part of the Facility. The CONTRACTOR shall develop and implement a preventive and routine maintenance plan and will keep maintenance records. During the tenn of this Contract, the BUREAU shall have no responsibility, financial or .otherwise, with respect to maintenance of the Facility other than that explicitly provided for under Article 4.9. Maintenance of the Facility - shall be the sale responsibility of the CONTRACTOR. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 8 ofS1 The maintenance plan shall include the following: (1) Plant equipment; (2) (3)· Structural maintenance; and Vehicle preventive maintenance programs Article 4.9 Major Maintenance and Repair Reserve Fund. The CONTRACTOR shall make and be responsible for all rout~ne and necessary repairs of the Facility, and shall be responsible for the repair and replacement of all Facility furnishings, fixtures, and equipment, so long as the cost associated with any such maintenance, replacement, or repair is $5,000 or less (per item, per occurrence). Routine and necessary repairs shall be defined as any maintenance, replacement, or repair work which ·has a cost of $5,000 or less (per item, per occurrence). "Per item, per occurrence" requirement shall be strictly construed by the BUREAU, and aggregation of individual items or occurrences is not permitted. On the first day of each month, the BUREAU will deduct 1/12 of $104,498.64 ($8,708.22 monthly) from t4e Facility's man-days billing and transfer said amount to the Grants and Donations Trust Fund. Requests for reimbursement for maintenance, replacement or repair costs in excess of $5,000 shall be submitted to the BUREAU Chief. In the event of damage to the Facility sustained during a hurricane (or as a result of severe windstorm conditions), the CONTRACTOR may request reimbursement from the Fund for all documented costs incurred· by the CONTRACTOR in repairing/replacing such damage that are not otherwise covered by insurance on the Facility, up"to an amount equal to 3% of the then-current insured value ofthe Facility. Approval or denial ofreque~ts is at the BUREAU Chiefs sole discretion. Upon receipt of written approval from the BUREAU Chief; the costs of such major maintenance, replacements or repairs shall be charged to the Major Maintenance and Repair Reserve Fund. The BUREAU shall be the owner of such fund, and the CONTRACTOR shall have no rights, other than as set forth herein, in such fund or in any fund earnings. Any written request by CONTRACTOR for reimbursement from the Major Maintenance and Repair Reserve Fund shall be approved or disapproved in writing by the BUREAU within thirty (30) days of receipt of such written request. . Article 4.10 Access to the Facilitv. The On-site· Contract Manager, the BUREAU Chief; DC representatives, or other designated representatives from DMS or the BUREAU shall have full access at alltimes, with or without notice, to inmates and staff and to all areas of the Facilitj. Other BUREAU employees and State officials on official business (including, but not limited to, the Governor's· Office of Program, Policy and Government Accountability), shall have full access to inmates,. staff, and all areas of the Facility, at all times, with or without notice. . Article 4.11 ExpansionlRenovations. S)lbject to the prior written approval of the BUREAU, the CONTRACTOR shall have the authority to remodel the Facility or make substitutions, alterations, additions, modifications, and improvements to the Facility from time to time. For any work under this Article, the CQNTRACTOR must use, and must document the use of, materials of equal or greater quality. All costs associated with remodeling, substitutions, alterations, additions, modifications, and improvements shall be paid by the CONTRACTOR, and the same shall become part of the Facility. Minor alterations may be done at the CONTRACTOR's expense, without prior approval from the BUREAU. . Article 4.12 Material Damage or Loss.' Promptly after the occurrence of any damage to or loss at the Facility that materially affects the continued operation of the Facility, the CONTRACTOR shall notify the BUREAU of such loss or damage. The BUREAU and the CONTRACTOR shall jointly Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 9 of5I I assess the nature and extent of such damage or loss and, as soon as practicable thereafter, determine whether it is practicable and desirable to rebuild, repair or restore such damage or loss. If the BUREAU and the CONTRACTOR determine that such rebuilding, repairing or restoring is practicable and desirable, the CONTRACTOR shall proceed with such rebuilding, repairing or restoring. Upon the completion thereof,. such rebuilding, repairing or restoring shall thereupon become part of the Facility. In such case, any i:Q.surance proceeds received in respect to· such damage or loss shall be used for payment of, or reimbursement for, the costs of such rebuilding, repairing or restoring. In the event such insurance proceeds are not sufficient to pay iri full the costs of such rebuilding, repairing or restoration, the CONTRACTOR is responsible for any and all amounts due in excess of insurance proceeds received (which responsibility shall not limit CONTRACTOR's right to request reimbursement for the costs of repairing damage to the Facility sustained during a hurricane (or as a result of severe windstorm conditions) from the Major Maintenance Repair and Reserve Fund as set forth in Article 4.9, above). If the BUREAU and the CONTRACTOR determine, in writing, that rebuilding, repairing or restoration is not feasible or practical, and further agree, in writing, not to rebuild, repair or restore the Facility, then this Contract shall automatically terminate thirty (30) days after the date of such written agreement. Article 4.13 Vehicles. The CONTRACTOR shall purchase and provide all vehicles required for the operation and maintenance of the Facility. The CONTRACTOR shall have all vehicles properly insured for comprehensive, collision, property, medical, personal injury, theft and replacement damages. ARTICLEFNE OPERATION Article 5.1 General Duties. The CONTRACTOR shall provide the operation and management services and shall operate, maintain, and m~age the Facility in compliance with applicable: federal and state constitutional requirements, laws, court orders, and DC standards, whether now in effect or hereafter effected or implemented, and in accordance with the operational plan, the terms and conditions contained in this Contract, and any documents refer~nced therein. The CONTRACTOR shall be in compliance with all applicable ACA Standards and requirements for adult correctional institutions, and shall maintain ACA accreditation. The CONTRACTOR may submit a written request for a specific exemption from ACA Standards to the BUREAU Chief,.. who may, at his/her sale discretion, grant or deny the request. In the case of a conflict between any of the standards or requirements listed above, the more demanding standard or requirement will control. Pursuant to section 957.04(1)(e), Florida Statutes, the CONTRACTOR may propose a waiver of.a particular DC rule, policy, or procedure that is inconsistent with the mission to establish and maintain cost-effectiveness at the Facility. Such proposals shall be submitted to the BUREAU Chief, who may, at his/her sole discretion, grant or deny such a waiver in writing to the CONTRACTOR. All decisions by the BUREAU· Chief under this Article are final and not subject to appeal or challenge by the CONTRACTOR in any civil or administrative forum, nor subject to any mediation or arbitration proceedings. Article 5.2 Fiscal Operations. The CONTRACTOR shall comply with all ofthe following requirements concerning fiscal operations, including but not limited to, the proper maintenance of accounting records and the periodic report of financial data in accordance with all auditing requirements as generally provided for in Articles 5.3 through 5.8. Article 5.3 Maintenance and Operation of Funds. The CONTRACTOR shall maintain its books and records in accordance with generally accepted accounting principles in reasonable detail to include, but not limited to, groups of accounts for Facility operations, health services, substance abuse programs, educational services programs, food services, security services, maintenance and administration. Article 5.4 Operation of Inmate Bank. Moore Haven Correctional Facility Operations & Management Services Contract The CONTRACTOR shall maintain Inmate Bank funds Contract No. DMS 06/07-103 Page 10 ofS1 , separate and apart from other funds and shall abide by DC policy and procedure directives as regarding the same.' Article 5.5 Operation of the Privately Operated Institutions ,Inmate Welfare Trust Fund (POIIWTF). The CONTRACTOR shall maintain the Privately Operated Institutions Inmate Welfare Trust Fund (POIIWTF) accounts in accordance with all applicable standards and DC rules and regulations. Funds in the POIIWTF may be appropriated annually by the Legislature for the benefit and welfare of inmates incarcerated in privately operated correctional facilities. By July 1 of each year, the , CONTRACTOR must submit a list of expenditures to be made from the trust fund for the next fiscal year to the BUREAU to be reviewed by the Privately Operated Institutions Inmate Welfare Trust Fund (pOIIWTF) Committee. The POIIWTF Committee will make its recommendation to the Secretary of DMS to be considered by the Legislature in the allocation of funds. In accordance with 60AA-203.l01, Florida Administrative Code, planned expenditures must cover expenses for unique and innovative programs, items or activities for the inmates at the Facility. Proposed expenditures from the POIIWTF for contractually required programs will not be authorized. Also, the CONTRACTOR must compile a report that documents the actual receipts and expenditures from the POIIWTF for the previous fiscal year and the projected receipts and expenditures for the next fiscal year, beginning July 1 and ending June30, and provide such to the BUREAU. Expenditures for operational cost and fixed capital outlay made from the POIIWTF must meet the guidelines of Section 945.215, Florid.a Statutes, and applicable terms of this Contract. The vendor is responsible for contracting and overseeing the construction of fixed capital outlay projects authorized by the Legislature. All operations and fixed capital outlay projects and expendituresl must 'be approved by the BUREAU. Expenditures made from the POIIWTF may not include items included in the CONTRACTOR's response to the ITN. Article 5.6 Auditing of Trust Accounts. The CONTRACTOR shall develop and update, as necessary, with the approval of the BUREAU, administrative procedures to ensure proper accounting and internal control of the receipts and expenditures of the funds from the Commissary Account and the POIIWTF. The CONTRACTOR shall have an independent audit of the Commissary Account conducted on an annual basis and the results of the audit will be submitted to the BUREAU. CONTRACTOR will send to the BUREAU a monthly report of deposits and expenditures made to the POIIWTF. This report should include deposits and expenditures made to the commissary account. Article 5.7 Financial Reporting., Annual financial statement, prepared in accordance with GAAP and clearly distinguishing Inmate Bank and POIIWTF, shall be filed not later than July 1st of each year. The financial statement shall consist of, at a minimum: a. Inmate Bank Fund: Accounting of the Inmate Bank fund, including a spreadsheet showing all account actions for the relevant time period for each account and the balance if any at the time ofsubmission of the statement; b. POIIWTF: A statement of revenues, expenses, and statement of budgeted and actual expenditures (detailed by object code). Article 5.8 SEC Reports. The CONTRACTOR shall, on a timely basis, provide the BUREAU with copies of all annual reports on Form 10-K, quarterly reports on Form 10-Q and reports on Form 8-K required to be filed by the CONTRACTOR with the Securities and Exchange Commission. Prior to the execution of this Contract, the CONTRACTOR shall provide the BUREAU with its most recent Form 10,K and any Form 10-Q's or Form 8-K's filed. Article 5.9 ACA Accreditation. The CONTRACTOR shall maintain ACA accreditation for the . Facility pursuant to and in accordance with the terms of Section 957.04(1)(c), Florida Statutes. The Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 11 ofS1 CONTRACTOR shall maintain ACA accreditation for the duration of the Contract tenn. The CONTRACTOR must provide a detailed plan addressing the CONTRACTOR's maintaining ACA accreditation through the tenn of the Contract. The CONTRACTOR's failure to comply with this section will be considered a violation of the tenns of this Contract, subjecting the CONTRACTOR to the assessment of liquidated damages and/or termination of the Contract by the BUREAU at the BUREAU's discretion pursuant to Article Ten. Article 5.10 Classification and Assignment of Inmates. A The CONTRACTOR shall provide a classification program in accordance with all applicable standards and DC lUles and regulations. The CONTRACTOR shall provide suitable officf< space at the Facility for one (1) or more DC classification officers, as may be determined by the DC, to conduct classification services. The CONTRACTOR may not make any change in an inmate's custody level, but may recommend custody level changes to the DC for approval. B. Beginning on the Services Commencement Date, inmates will be assigned to the Facility by the DC at a rate not to exceed capacity of the Facility in accordance with the following: . 985-bed, adult male, minimum/medium custody le~e1; the inmates transferred by the DC shall represent a cross section of the 985-bed, adult male, minimum/me.dium custody inmate population, and be mentally, physically, and medically capabfe:, of participating in the programs; prior completion of the initial classification process at a DC facility; accompanied by all initial classification and subsequent reviews and other necessary documentation; accompanied with a complete medical record, including chest Xray; and accompanied by documentation of the amount contained in the inmate's Commiss~ry account with the funds to be forwarded by the DC to the Facility within ten (10) days of receipt of the ininate, in compliance with Chapter 33, Florida Administrative ~~ - . If an inmate does not meet the qualifications or classification level necessary for classification to the Facility and the CONTRACTOR is aware of this before acceptance, the CONTRACTOR may refuse to accept· an inmate~ If an inmate is .later found not to meet the qualifications or classification level necessary for classification to the Facility, the CONTRACTOR may request the transfer of unqualified or improperly classified inmates to aDC facility pursuant to Articles 5.12 and 5.14. Article 5.11 Orientation of Inmates. CONTRACTOR shall conduct an orientation program for newly assigned inmates with the program meeting minimum standards as outlined in Chapter 33-601.100, Florida Administrative Code. Article 5.12 Transfer of Inmates. Certain circumstances may require an inmate's transfer out of the Facility. These circumstances include custody changes resulting from disciplinary infractions or other behaviqr in the Facility; medical and psychiatric transfers, as initiated by medical staff at the Facility; disciplinary transfers in accordance with the CONTRACTOR's disciplinary procedures; emergency transfers that involve extreme circumstances not nonnally found at the Faqility; administrative transfers used in witness protection cases; or to .adjust operational capacities.· The CONTRACTOR may be required to transport non-routine transfers such as emergency medical, emergency mental health, court orders, protective management, etc. Non-routine transports will be determined by the DC by the nature of the request and its urgency. In the event that a dispute Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 12 ofS1 exist between the CONTRACTOR and the DC relating to non-routine transports and an agreement cannot be reached on a transport request, the BUREAU will have the final decision. The CONTRACTOR may request, in writing, that an inmate be transferred from the Facility. The BUREAU, the CONTRACTOR, and the DC .shall comply with the tenns of the Cooperative Transfer Agreement when transferring inmates between a correctional facility operated by the DC, and a privately operated facility. In the event that an agreement cannot be reached on a transfer request, the BUREAU will have the final decision on which inmates may be transfeIred from the Facility. Any decision by the BUREAU Chief is final and not subject to appeal or challenge by the CONTRACTOR in any civil or admimstrative forum, nor subject to any mediation or arbitration proceedings. Article 5.13 Release of Inmates. The CONTRACTOR will release inmates in compliance with the DC's policy pertaining to release and the requirements of Rules 33.601.501-503, 60AA-601.501503, F.A.C., which establishes the procedure to be followed in providing a discharge gratuity and travel to eligible inmates upon their release. The CONTRACTOR shall follow procedures which are substantially identical to those in Rules 33-601.501-503, 60AA-601.50l-503, F.A.C., and make payment from its fund to eligible inmates. The DC shall not reimburse the CONTRACTOR for discharge gratuity payments made. Article 5.14 Transportation of Inmates. The CONTRACTOR shall not be responsible for inmate transportation from the DC to the Facility or from the Facility to the inmate's destination upon transfer except as provided for in Article 5.12. The CONTRACTOR will be responsible for transporting inmates to the hospital or outside medical appointments, and will be responsible for discharge transportation in compliance with Rcles 33-601.503 and 60AA-601.503, F.A.C., "Discharge Transportation". Article 5.15 Inmate Discipline. The CONTRACTOR will develop and implement a system of inmate rules and disciplinary procedures in compliance with the Standards and penalties consistent .'with those imposed by the DC. Disciplinary hearings will be conducted by the CONTRACTOR's 'staff who will make recommendations to the DC classificatiQn staff. The DC's classification staff shall either accept those recommendations or prepare a written statement in which good cause for a rej~ction of those recommendations are established. In the event that a recommendation is rejected by the DC's classification staff, the CONTRACTOR shall have a right of administrative appeal to Regional Director of ;rnstitutions for the region in which the Facility is located. The decision of the Regional Director of Institutions, in the event of any such administrative appeal,. shall be final and not subject to appeal or challenge by the CONTRACTOR in any civil or other administrative forum, not subject to any mediation or arbitration proceeding. Article 5.16 Inmate Visitation. The CONTRACTOR shall provide all space,. furniture, equipment, and supervision necessary to implement a visitation program in compliance with the Standards. Both contact and non-contact visitation will be provided as determined by an inmate's . custody level and disciplinary status. Article 5.17 Drug Testing. The CONTRACTOR ~hall conduct a random drug testing program consistent with DC requirements. The program shall also include random anabolic steroid testing of 5% of all certified staff, subject tq forthcoming DC guidelines with which the CONTRACTOR shall reasonably comply. Monthly reports must be submitted to the BUREAU regarding the testing results. Article 5.18 Inmate Mail and Telephone. A) The CONTRACTOR shall provide for mail and telephone services in compliance with the Standards. As required by Section 945.215, Florida Statutes, net receipts from telephone commissions shall be sent to the DC and deposited monthly in the Privately Operated Institutions Inmate Welfare Trust Fund (POIIWTF), using the procedure Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 13 ofSl ....................... -------------- outlined in Article 5.5. Expenditures.from the POIIWTF must meet the guidelines of Section 945.215, Florida Statutes, and may not include items that are part of the Contract. The telephone service provider for the Facility shall be responsible for the repair. and maintenance of any equipment it installs. However, the CONTRACTOR shall take all reasonable precautions to prevent damage to the equipment. The CONTRACTOR will provide computer hardware for administration of the inmate telephone system. The CONTRACTOR shall comply with all state, federal and local laws, including the DC's rules, policies and procedures regarding inmate access to telephones found in Chapter 33, Florida Administrative Code. . B) The CONTRACTOR shall develop and update, as necessary, with the approval of the BUREAU, administrative procedures to verify that: 'contracted telephone companies accurately record and report all telephone calls made by inmates incarcerated in the Facility; persons who accept collect calls from inmates are charged the contracted rate; and the funds are deposited into the telephone revenue account and transmitted monthly into thePOIIWTF. Article 5.19 Use of Force. The CONTRACTOR will develop and implement use of force policies and procedures in compliance with ACA Standards. Article 5.20 Inmate Personal Property. The CONTRACTOR shall develop and implement policy and procedures for handling and disposing of inmate property. Such procedures shall be in complianc~:with DC rules, regulations and other applicable standards provided in Chapter 33, Florida Administrative Code, and the United States Constitution. Article 5.21 Inmate Grievance Procedure. The CONTRACTOR will develop and implement an inmate grievance system that meets or exceeds the 'requirements of federal guidelines established under 42 U.S.C. § 1997e (2005). . Article 5.22 Senteli'ce Computation. The CONTRACTOR shall provide 'the DC with data and information relating to sentence computation. The decision with respect to sentence computation rests exclusively with the DC. Article 5.23 Gain Tirne,Change of Custody and Furloughs. The CONTRACTOR will provide specific information and recommendations to the DC regarding the aw,ard or forfeiture of gain time, change of custody or granting furloughs. Decisions rest exclusively with the DC. In the event that a recommendation is rejected by the DC, the CONTRACTOR shall notifY the DC's Office of Institutions in Central Office in Tallahassee, Florida. Article 5.24 Security. A) B) C) Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 14 ofS1 E) F) Moore Haven Correctional Facility Operations & Management Services Contract . Contract No. DMS 06/07-103 Page 15 of 51 . . . - --- - -- --- - • - - --- ------ r.·,....-.r_·L... . ~-· Article 5.25 Food Service. The CONTRACTOR will provide a food service program in compliance with Section 957.04(1)(£), Florida Statutes, and the ACA Standards. The CONTRACTOR is responsible for providing a variety of services including diet at least equal to those provided by the DC in comparable facilities. . The CONTRACTOR shall provide all food, staffmg and supervision of preparation for the total delivery of food service at the Facility. The CONTRACTOR, shall provide a full service kitchen with separate dining rooms for inmates and staff. 1. 2. Master Menu: a. The DC has developed, arid has in place, a four-week cycle Master Menu that shall be followed by the CONTRACTOR to ensure inmates housed in the Facility receive the same caloric and dietary requirements. The CONTRACTOR shall serve two (2) hot meals per day in accordance with ACA Standards, with the exception of sack lunches or other special diets, as directed by medical staff, or the Warden in the case of an emergency. b. The CONTRACTOR shall make provisions for providing sack lunches for inmate work crews in compliance with the applicable DC standards. Delivery of Food: a. b. General Population: 'The delivery of food for the general population inmates is normally provided in cafeteria style in the Facility's inmate dining room. Alternate methods may be proposed by the CONTRACTOR, subject to written approval by the BUREAU. StafflEmployees/Official Visitors: The CONTRACTOR shall provide separate dining room facilities for staff, employees and official visitors; however, the same food prepared for inmates shall be served to staff, employees, and official visitors. This requirement does not apply to inmate visitation participants. c. Confinementiinfirmary: Inmates who are housed in confinement or infinnaries shall be fed in the confinement units or infirmary, whichever is appropriate. Moore Haven Correctional Facility Operati,ons & Management Services Contract Contract No. DMS 06/07-103 P~ge 16 ofSl d. Medical Diets: The CONTRACTOR shall prepare all medical diets in accordance with the recipes and menus in the DC's Modified Diets Component of the Master . Menu and account for the number of inmates r~ceiving such diet. 3. Religious Diets/Alternate Entree: The Facility's Chaplain has the authority under the Florida Administrative Cod.e to approve and facilitate religious diets. Except in rare circumstances, requirements for religious diets are met by the Master Menu through the alternate entree program. A non-meat protein source is designated on each daily menu as an alternate to the main entree. Any inmate may choose between either the main entree or the designated altemate. . '. ·4. Records must be maintained indicating daily menus and number of meals served. Substitutions to the pre-approved menus must be clearly documented and the CONTRACTOR must ensure that substitutions made are of equivalent nutritional and caloric value to the original item. 5. The CONTRACTOR shall develop a written policy and procedure for delivery of food in case of an emergency (examples: non-delivery of food, riots, natural disasters, man-made disasters, strikes, equipment failure). . 6. The CONTRACTOR shall develop and implement a written plan for sanitation and rodent control which includes all kitchen/dining space, appliances, supplies and equipment. 7. The CONTRACTOR shall develop a preventive maintenance schedule for thei· food service equipment; as applicable. All tools, knives and utensils must be locked. in a controlled environment, inventoried, and signed in and out:ln accordance with DC policy. 8. All foods and/or condiments of a high security risk shall be locked in a controlled environment in accordance with DC policy. Article 5.26 Inmate Commissary and Vending Services. A. Inmates shall have access to a commissary for purchase of goods. The CONTRACTOR will provide an inmate commissary and may provide for the placement in the Facility of one or more vending mac:hines for use by the inmate's visitors. Items for resale must be priced comparably with like-items for retail sale at fair market prices. B. As required by Section 945.215, Florida Statutes, the net proceeds derived from operating inmate canteens, vending machines used primarily by inmates, rec.eipts from telephone commissions, and similar sources shall be sfi'nt to' the DC and deposited monthly in the Privately Operated Institutions Inmate Welfare Trust Fund (POIIWTF). C. Funds necessary to purchase items for-resale in the commissary and inmate vending machines shall be deposited into a local bank account established by the CONTRACTOR and approved by the BUREAU, hereinafter called the "Commissary Account." . D. The CONTRACTOR shall make expenditures from the Commissary Account to purchase items for resale in the commissary and for other items as contemplated in Section 945.215, Florida Statutes. The CONTRACTOR will send to the BUREAU a monthly report of deposits and expenditures made to' and from the POIIWTF. This report should . include deposits and expenditures made to and from the Commissary Account. Article 5.27 Health Care Services. The CONTRACTOR will provide medical, dental and mental health services in compliance with the Standards, that include the following: Denta1lPhysicai/Mentai Health Services: The CONTRACTOR shall provide, or cause to be provided, all dental, physical, and mental health services in accordance with all applicable Florida laws .and Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 17 of 51 consistent with the judicial orders and consent agreements entered into by the State of Florida in Celestineo v. Singletary, 147 F.R.D. 258 (M.D.F.L. 1993). The CONTRACTOR shall be subject to the provisions of Sections 945.601, "945.6031, 945.6035, and 945.35, Florida Statutes. The CONTRACTOR shall stand in the place of the DC for purposes of the referenced statutes. Accordingly, pursuant to Section 945.6031(2), Florida Statutes, the Facility shall be subject to comprehensive surveys by the State of Florida Correctional Medical Authority (CMA) of the dental, physical, and mental health care systems at least triennially (at least once every three years). The CONTRACTOR shall designate a Chief Health Officer (CHO) for the Facility who shall submit reports to the DC (and Director of Health Services, as required) for all clinical matters. Any and all contracts for the provision of dental, physical, and/or mental health services to an inmate shall be reviewed by the CMA, prior to the operation ofsaid contracts. After review, CMA recommendations will be presented to the BUREAU Chief and the DC. The CMA review shall not imply, or permit the inference'of, any approval authority . . by the CMA over the contracts prior to operation. Approval authority for any and all contracts rests solely with the BUREAU. Limitations on inpatient hospitalization costs: If, in the opinion of the on-site CHO, the inmate cannot be properly treated at the Facility, he/she shall refer the inmate to a medical facility that can provide the necessary treatment. A list of medical facilities to which inmates can be referred for off-site care will be agreed on separately by the DC and the CONTRACTOR. In the event that the DC and the CONTRACTOR cannot mutually agree on a list of medical facilities that can provide the necessary treatment, the BUREAU will make the fmal decision. Any decision by the BUREAU Chief is finl'!-l and not subject to appeal or challenge by the CONTRACTOR in any civil or ad!iJ.inistrative fOruDT;;.nor subject to any mediation or arbitration proceedings. The CONTRACTOR shall not be responsible for inpatient hospitalization costs, including any surgery and specialty services, in amounts greater than $15,000, per inmate, per adlllission, or for costs incurred after five (5) days of hospitalization, whichever comes first. If inpatient hospitalization costs exceed $15,000, or if hospitalization exceeds five (5) days, as described above, such costs shall be paid by the DC, or, as necessary, such costs shall.be reimbursed to the CONTRACTOR by the DC. If an inmate is considered by the on-site CHO to be medically, physically, or mentally incapable of participating in the programmatic activities (which have· been specifically designed to reduce recidivism) for greater than two (2) weeks, the CONTRACTOR may request in writing for the DC to transfer the inmate or, alternatively, provide in writing to the BUREAU valid reasons for the failure to do so. If the CONTRACTOR's request asserts that the inmate is not medically, physically, or mentally capable of participating in the programmatic activities, specific information and/or documentation must be provided that indicates which programmatic activities the inmate is incapable to participate in and an explanation of the cause. The CONTRACTOR shall be responsible for providing security for any inmate admitted to a hospital during the initial period of inpatient hospitalization for which the CONTRACTOR is responsible. Should the necessity of security provided by the CONTRACTOR continue beyond the initial period, such security- shall be provided by the CONTRACTOR. However, the CONTRACTOR shall be reimbursed the hourly wage, including benefits, for every hour each officer is required to provide such supplemental security. The supplemental security should be provided in accordance with the DC's procedures. Ani such inmate will be included in the CONTRACTOR's Midnight Strength Report for any midnight during which the CONTRACTOR is furnishing security for such inmate. The CONTRACTOR shall notify the BUREAU and the DC as soon as possible (within twelve (12) hours) any time an imnate is admitted to a hospital. Medical Services: The CONTRACTOR shall be responsible for the following: all inmate medical costs for care provided at the facility to include emergency outpatient care, pharmaceutical service.;;, initial intake screening for medical, dental and mental health pre-existing conditions, detoxification of substance Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 18 of 51· ----------------------------------- , .. , .. -- ..... .., ..... abusers, medically required eyeglasses, hearing aids, and dentures; regularly scheduled chronic illness clinics conducted under the direct supervision of the CHO for the following conditions: diabetes; respiratOlY; cardiovascular; seizure disorder; tuberculosis preventive therapy; general medicine; immunodeficiency; and hepatitis C; an infectious disease education program for inmates which will be consistent with the DC's existing health education program for HIV and AIDS as described in Section 945.35, Florida Statutes. No more than 16% of the population shall be M2 and/or M3 (previously P2 and P3); there can be a'l % variance. No more than 2% of the population shall require wheelchairs; ,there can be a 1% variance. No more than 6% of the population shall be Special Needs; there can be a 1% variance. The CONTRACTOR must follow requirements outlined in Section 945.355, Florida Statutes. ' Inmate Co-Payment: The CONTRACTOR shall be responsible for collecting a medical co-payment for each inmate-initiated, non-emergency visit to a health care provider as required by Section 945.6037, Florida Statutes. The fees collected will be retained by the CONTRACTOR and the same amount will be deducted from the monthly management payment billing submitted by the CONTRACTOR to the BUREAU. All co-payments must be noted in the Offender Based Infonnation System and accounted for in the medical record. A monthly report of co-payments will be included with the management payment billing. Chief Health Officer (CHO): The CONTRACTOR shall designate a CHO for the Facility who shall submit reports to the DC (and Director ofHealth Services, as required) for all Clinical matters. Health Education Program: The CONTRACTOR shall develop, subject to DC approval, an inmate:4ealth education program. To promote this health education process, infonnational programs shall be made available based on the requirements of Florida Statutes and assessed educational needs of the inmates. Selected topics for these programs may include but are not limited to: 1) Personal hygiene; 2) Nutrition; 3) Physical fitness; 4) Stress management; 5) Sexually transmitted diseases; 6) Chemical dependency; 7) Tuberculosis and other communicable diseases; 8) Effects of smoking; 9) IDV/AIDS; 10) Hypertension/Cardiac; 11) Epilepsy; 12) Diabetes; 13) Dennatology; and 14) Rehabilitation. An infectious disease education program for inmates, which will be consistent with the DC's existing health education program for mv and AIDS as described in Section 945.35, Florida Statutes. Quality Management: The CONTRACTOR shall establish and maintain a Clinical Quality Management program that maintains full compliance :with DC rules and regulations and the DC Office of Health Moore Haven Correctional Facility , Operations & Management Services Contract Contract No. DMS 06/07-103 Page 19 of 51 Services Technical Instructions that pertain to: 1) Quality Management 2) Infection Reporting to the Department of Health 3) Infection Control Program 4) Medical Peer Review Committees 5) Clinical Risk Management Program 6) Mortality Review Program The CONTRACTOR will also maintain full compliance with the policies and procedures pertaining to quality assurance C:!Dd quality indicators that are currently being revised by the Office of Health Services. ' Health Assessment at Intake: The CONTRACTOR shall ensure all inmates being admitted to the Facility are provided a comprehensive health assessment/examination bya physician in accordance with DC guidelines upon intake into the Facility. This shall include screening and evaluation as required by the applicable standards and the requirements provided herein, by medical personnel innnediately upon arrival at the Facility. The preliminary screening shall be documented in the inmate's case file and include the following: , Inquiry into: 1) Current illness 2) Communicable diseases 3) Alcohol/chemical abuse history 4) Medications currently being taken, 5) Dental status 6) Chronic health problems Observation of: 1) State of consciousness 2) Mental status 3).., Appearance 4) Conduct 5) Bodily deformities and ease of movement 6) Signs of trauma, bruises, lesions, jaundice, rashes and infestations, and needle marks or other indications of drug abuse Explanation of procedures for access to health and dental services shall be provided to inmates both orally and in writing via the Inmate Handbook. The handbook will be provided by the DC, along with additional information necessary to infonn the inmate about unique Facility operations. Referrals: All routine referrals shall be approved by the CHO and outside referrals shall be made only when appropriate. Coordination and compliance with the DC's utilization review program requirements is mandatory. Appropriate referral logs shaU be maintained and available for review upon request. Staffing of Health Care Professionals: The CONTRACTOR shall employ only candidates who have Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 20 'of 51 appropriate Florida licensure and certification and who have provided letters of recommendation. Each candidate will be subject to a credentials review and approval process with individual certification that the employee has the requisite training, experience and licensure or certification necessary to perform the duties assigned. The credentials process must meet or exceed the requirements of J;i'lorida Law. All Physicians, Advanced Registered Nurse Practitioners (ARNPs), Psychologists, Psychological Specialists, Physicians' Assistants and Dentists or clinical equivalents of these position titles employed by the CONTRACTOR shall be credentialed. The CONTRACTOR shall provide a certification statement on each individual to the Director of the DC's Office of Health Services certifying that the credentials of each individual have been reviewed and he/she is certified as qualified to perform the duties assigned. Medical Records: The CONTRACTOR shaH ensure that all health care unit staff document each health care encounter in the Problem-Oriented Medical Record utilizing the SOAP format, (including DC approved forms) as outlined in DC; rules, Technical Instructions and Florida Statutes. The CONTRACTOR shall ensure that each health record is complete, accurate and contains sufficient documentation to warrant the treatment rendered and that each entry is made in a timely manner. This shall include requesting, and documenting the request for, all available previous medical records and composing a medical history. The CONTRACTOR shall ensure that all medical record procedures concerning confidentiality are followed. Medical records shall remain the property of the DC and information contained in a medical record shall not be released to anyone who is not legally authorized to receive it. The CONTRACTOR shall ensure that each medical record complies with the Florida Statutes, DC':tmles, Technical Instructions, the Health Record Manual, HIPAA, and other applicable laws, rules'. and regulations. . Other General Health Service Requirements: Routine transportation of inmates for medical visits, consultations, diagnostics studies and hospital admissions shall be the responsibility of the CONTRACTOR. Subject to the approval of the DC, hospitalization or other specialty care which is required in follow-up to a previous surgery or procedure shall be referred to the provider or Facility originally providing the services. CONTRACTOR's personnel shall establish regular meetings with representatives from the designated hospital and other providers to coordinate the referral of inmates. Policies and procedures shall be developed by CONTRACTOR regarding referral methods, scheduling, transportation, reporting of test results, medical records, acute care hospitalization and patient follow-up, subject to approval by the DC. Article 5.28 Physical Health Services. A. Chronic lllness Clinics: The CONTRACTOR shall provide regularly scheduled chronic illness clinics conducted under the direct supervision of the CHO for the following conditions: . 1) diabetes; 2) respiratory; 3) cardiovascular; 4) seizure disorder; 5) tuberculosis preventive therapy; 6) general medicine; Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 21 of 51 7) immunodeficiency; and 8) hepatitis C. B. Sick Calls: The CONTRACTOR shall ensure sick calls are provided in accordance with DC guidelines and internal directives of the Facility. C. Emergency Care Services: Emergencies shall be taken to the nearest hospital aPl'roved by the DC. The CONTRACTOR shall ensure the availability of emergency treatment through predetermined arrangements with local hospitals. ' If an inmate needs to be transferred by air, the CONTRACTOR shall use appropriate aviation assets. All ambulances utilized shall be equipped with life support systems and shall be operated by personnel trained in life support that are currently certified by the State of Florida. The CONTRACTOR shall obtain' documentation of State certification and keep it on file at the Facility. The CONTRACTOR shall be responsible for· the cost of all' emergency air ambulance or land ambulance transportation. The following service requirements shall be met to ensure that qualified emergency treatment is provided: D. 1) In-service education on first aid and emergency procedures. 2) Written policies and procedures transportation of inmates. 3) Arrangements for emergency 24-hour on-call physician coverage. 4) Coordination with security .for arrangements when the emergency transfer of an· inmate is indicated. 5) Cardiopulmonary Resuscitation (CPR) Basic Training for all Health Services staff and other designated departmental staff members., mv concerning emergency transfer and Testing: The CONTRACTOR shall provide testing for :mY infection under the following conditions: 1) ,Upon request by the inmate; 2) When there is evidence that an inmate, while at the Facility, has engaged in highrisk behavior, as established in Section 945.35, Florida Statutes, for transmitting or contracting IDV; 3) Wthe inmate has a positive tuberculosis skin test or active TB; or 4) Any other condition deemed medically necessary by the appropriate medical practitioner. E. Infection Control Program: The CONTRACTOR shall provide for an ;rnfection Control Program at the Facility. The program will include, but is not limited to, concurrent surveillance of patients and staff, prevention techniques, and treatment and reporting of infections in accordance with local and state laws. F. Special Medical Programs: The CONTRACTOR shall provide a "special medical program" for inmates who require close medical supervision including chronic and convalescent care. The plan of treatment shall include directions for health care staff and correctional staff regarding their roles in the care and supervision of the inmates. The special medical program shall service a broad rang~ of health problems, including, but not limited to, seizure disorders, diabetes, hypertension and AIDS. G. Optical Services: The CONTRACTOR shall provide for Optical Services, including eye I Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 22 of 51 . examinations perfOlmed on-site or off-site and in accordance with ACA Standards and DC bulletins. A qualified optometrist shall examine inmates with specific complaints. Eyeglasses shall be provided at the inmate's expense, unless clinically mandated by an ophthalmologist, whereby CONTRACTOR is financially responsible. H. Infmnary Care and Hospitalization: The CONTRACTOR shall provide Infirmary care for inmates requiring skilled nursing care, chronic illness care,· convalescent care, and all acute and chronic conditions which can be managed on-site which includes, but is not limited to, the following: 1) 24-hour coverage, supervised on-site by a Registered Nurse: 2) Daily infirmary rounds by nursing staff; 3) 24-hour Physician on-call coverage; 4) Physician shall conduct infirmary rounds no less than one time per day, Monday through Friday. , . In addition, the CONTRACTOR shall develop a manual of nursing care procedures and ensure that a medical record is established for each patient. All infirmary encounters by a health care provider shall be documented in the inmate's medical record. If, in the' opinion of the on-site CHO, 'the inmate cannot be properly treated at the Facility, the inmate shall be referred to a Facility that can provide the nec~sary treatment, which has been mutually agreed to by the :pC and CONTRACTOR to provide hospital-based services for the DC's inmates. Those inmates requiring care beyond the capability of the infirmary shall be hospitalized ,at a licensed community facility. Routine admission from the Facility shall be made to a hospital facility approved by the DC. Recommendations for hospitalization, with the exception of emergency situations, shall require review and approval by the on-site CHO. Hospital admissions that arise from emergency situations s~all be reviewed by the on-site CHO within 48 hours of admission. Treatment, care or medical procedures including, but not limited to, surgery or prosthetics, initiated at the Facility, shall be completed prior the clearance of the inmate for transfer to another DC facility, with fue exception of emergency disciplinary or mental health transfers. Services may be provided at the receiving facility and billed to the CONTRACTOR, or, with the approv~ of the DC and the BUREAU, the inmate may be returned to the sending Facility. The CONTRACTOR shall be responsible for all levels of care, including Secondary or Tertiary level of care, for permanent inmates assigned to the Facility. Article 5.29 Dental Health Services. The CONTRACTOR will provide inmate dental health services that conform to the DC's Dental Care Manual and the Standards in accordance with: . • Chapter 466, Florida Statutes • American Correctional Association standards • American Dental Association standards • Florida Board of Dentistry Rules • Center For Disease Control Standards • Occupational Safety and Health Administration Standards Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 23 ofS1 The CONTRACTOR shall provide emergency and comprehensive dental care, consistent with all applicable laws, rules, regulations and practicing standards. This includes reexamination, complete and partial dentures, crowns and bridges when indicated, operative, endodontics, periodontics and oral surgery. Prevention of dental diseas,es must be stressed along with oral hygiene education. The CONTRACTOR shall have back-up coverage when the Facility's dentists are not available. . . All Facility dentists shall be currently licensed in the State of Florida and be in good standing with the Florida Board ofDentistry. Copies of such licensure shall be maintained by the Facility. If applicable, all dental prosthetics shall be provided by the CONTRACTOR through PRIDE of Florida Dental Laboratory. Clinical oversight of the Facility's dentists shall be provided by the DC's Office of Health Services' Director of Dentistry. The CONTRACTOR's provision of dental services shall include the-foll~wing components: .A. Initial intake screening within five (5) workdays of arrival; and B. Development of a dental treatment plan that includes: 1) Prioritization of needs; 2) Counseling on oral hygiene: . 3) Fillings, cleaning and prosthesis: and 4) Dentistry based on preventive care and complaint-oriented care. Article 5.30 Mental Health Services. The CONTRACTOR shall ensure that inmate mental health. care is delivered in a manner that complies with all state and federal laws, rules and regulations contained herein. The DC publication, "Mental Health Services Plan," provides guidelines on how the DC has organized its mental health care system. Inmates are assigned to a correctional facility according to the mental health grade assigned during the health assessment each inmate receives up·on incarceration with the State. Throughout the tenn of the Contract, the CONTRACTOR shall utilize the mental health grading assignment system utilized by the DC and shall comply with the DC's Mental Health Services Plan. .The CONTRACTOR shall provide Mental Health Services to inmates that include, but are not limited to, the following: A Screening and orientation of all new arrivals. B. Evaluation of each inmate housed in administrative or disciplinary confinement or protective/close management on or before the 30th consecutive day and every 90th day thereafter. C. Additional screening of each sex offender to determine need and amenability to treatment. D. Psychological evaluation at the request of the Parole Commission or Facility staff. E. Case management for all inmates who require treatment. Case management consists of various activities designed to facilitate medically necessary care and to monitor its impact. F. Psychiatric assessment of those inmates referred for possible pparmacological intervention. G. Routine psychiatric review of all inmates requiring such pursuant to DC standards and the rules and regulations referenced herein, including review of adjustment to Facility, medication efficacy, and medication review. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 24 ofS1 H. Individualized Service Plans, regularly updated for inmates requiring such plans pursuant to DC rules and regulations and any applicable standards referen~ed herein, and for other inmates receiving ongoing monitoring and/or care. l. Nursing staff will provide medication distribution and medication education for all inmates requiring such pursuant to DC standards and the roles and regulations as described herein and as determined by each inmate's service plan, routine assessment of medication side effects, and monitoring of medication compliance. J. Regular group and/or individual counseling for all inmates requiring such pursuant to DC standards and the roles and· regulations as described herein, and others in need of treatment. K. Crisis intervention and timely referral of inmates who require a higher level of care than what is available at the Facility. Additional contractual responsibilities will be: L. Ongoing training of other Facility staff on relevant mental health topics. M. Supervision of non-doctoral psychological staffbya doctoral psychologist. N. Thorough documentation of service delivery· in the inmate's medical record. O. Maintenance oflogs ofworkload and service delivery. P. Updating various screens in the Health Service component of'the. Offender :Based Information Systen;t (OBIS-HS). Q. Regular monitoring of inmates with mental health needs to ensure that appropriate counseling services are provided. R. Psychotropic medications as prescribed by a duly licensed medical practitioner for inmates. S. Counseling programs. T. Providing an intensive substance abuse treatment program as part of the Inmate Reintegration Program. Article 5.31 Pharmacv Services. The CONTRACTOR shall provide· Phannacy Services and such ·services will be perfonned in strict compliance with applicable Florida Statutes, Florida Board of Pharmacy Rules, Federal Drug Enforcement Administration Rules, DC Policies and Procedures and all other applicable rules and regulations referenced herein. The Pharmacy shall be 'permitted to provide all pharmacy services for medication distribution at the Facility as required by Chapters 465 and 893, Florida Statutes: This may be effected by utilizing on-site pharmacies, mail order pharmacies or anypharmacy process meeting the requirements in this section. The CONTRACTOR shall establish a Facility Pharmacy and Therapeutic Committee that shall make determinations regarding pharmacy services provided by the CONTRACTOR. . . The CONTRACTOR shall provide coverage on-site or on-call by a licensed phannacist 24 hours a day, 7 daYS a week. Each pharmacist performing services under the Contract shall be reachable by beeper. The CONTRACTOR shall provide, furnish and supply pharmaceutical and drugs to the Facility utilizing a "unit dose" method ofpackaging. Unit doses of medication to be administered by nursing staff are to be provided in a patient specific format. If each dose is individually labeled and packaged, the label shall include the drug name, strength, lot number, expiration date and manufacturer. If a modified unit dose system such as a card or blister pack is utilized, each card or pack 'shall be labeled as a prescription. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 25 of 51 Prescriptions shall minimally be labeled to include the inmate nalne and number, drug name, dosage, directions (frequency of administration) prescribing physician, pharmacist's initials, date, quantity of tablets, manufacturer, lot number and expiration date and any applicable warnings or dietary instructions. The CONTRACTOR may provide liquid psychotropic medications in unit doses, individually labeled, with manufacturer, lot number, expiration date and date packaged listed. If the CONTRACTOR utilizes pill fonn psychotropic medications, the necessarY precautions must be taken to prevent inmate "cheeking" or other means of retaining medications without ingestion. The CONTRACTOR shall strictly comply with the DC's fonnulary in all cases unless the DC approves a medication exception request. The CONTRACTOR shall provide other medications in liquid unit dose properly labeled as specified by theCHO. The CONTRACTOR shall provide injectable medications as required. The CONTRACTOR shall provide hypodermic supplies to include needles and syringes and disposal containers that are tamper proof and puncture resistant. The CONTRACTOR shall be responsible for appropriate disposal and/or destruction of needles and syringes with documentation. The CONTRACTOR shall provide on-site STAT dose capability for emergency stock of drugs in unit dose packages to be used in emergency situations or .until regular delivery of medications can resume. The specific drugs and quantities shall be determined by the CHO in conjunction with the Facility's Pharmacy and Therapeutics Committee. . The CONTRACTOR shall provideelIl:ergency drugs in sealed emergency pt(s) a~ requested by the CHO. In accordance with all governing DC rules and regulations, the CONTRACTOR shall provide and fill all prescriptions for inmates leaving on writ or discharge for a maximum of thirty (30) days or in sufficient quantity to complete the current prescription. In no event shall an inmate on maintenance medications be released or sent to another facility without at least seven (7) days supply of such medication. The medication should be provided to the transferring officer along with the transfer summary. The CONTRACTOR shall properly package all medications in light- and/or humidity-resistant containers as appropriate. The CONTRACTOR shall label each prescription container to include inmate name, inmate number, inmate location, date, medication nalne, strength, instructions, prescribing physician, quantity, pharmacist's initials, prescription number and warnings. The CONTRACTOR shall package non-controlled, non-abusable medications in not more than a month's supply as directed by the Facility's CHO. If the quantity is larger than 120 tablets, the supply shall be dispensed not to exceed 120 tablets with appropriate refills. The CONTRACTOR shall maintain copies of all prescriptions issued to inmates in a pennanent file onsite for a period of three (3) years. Copies will be provided to the DC upon request. The CONTRACTOR shall maintain appropriate documentation, including, but not limited to, inventory records, controlled drug perpetual inventory, patient profiles and cost data for fine.ncia1 records. All documentation shall be made available for review by the Warden and the DC's Office of Health Services' Director of Pharmacy, or designated representatives of DMS. The CONTRACTOR shall document and maintain a medication administration record to include all information contained on the prescription label and the name of the practitioner who prescribed the medication.. The CONTRACTOR shall perform in-service training for staff according to a schedule mutually agreed upon and approved by the DC. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 26 of 51 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ . _ .__ .. _._ ... __ ... - - - - . The CONTRACTOR shall provide a licensed pharmacist to perfonn third party drug utilization reviews as requested by the DC's Clinical Quality Management Committee. The CONTRACTOR shall provide a licensed consultant pharmacist to conduct monthly inspections of all institUtional areas where medications are maintained. Inspection shall include, but not be limited to, the expiration dates, storage and a periodic review of medication records. The consultant phamiacist's monthly inspection report shall be completed. One copy shall remain in the pharmacy and a second copy shall be sent to the DC's Director of Pharmacy. The CONTRACTOR shall provide a Pharmacist to serve as chairperson of the Facility's Phannacy and Therapeutics Committee and to consult on-site and by telephone with the CHO and staff as requested. Article 5.32 Laboratorv Services. The CONTRACTOR shall provide Laboratory Services for all medically necessary and appropriate diagnostic laboratory procedures in accordance with the requirements set forth below: . All STAT laboratory work shall be performed at a local hospital or accredited laboratory nearest the Facility. Results shall be te~ephoned immediately to therequesting physician and a written report shall follow wit!rln 24 hours. Non-urgent laboratory services may be provided to the Facility by the DC's laboratory services contracted provider or by the CONTRACTOR under a written arrangement. The most cost-effective process may be utilized subject to prior Office of Health Services' approval. However, the subcontracted "laboratory must be in compliance with all applicable requirements of Chapter 483, Florida Statutes, and the StandaICis as described herein. If the CONTRACTOR provides any in-house laboratory testing, it must also oe in compliance with the appropriate provisions of Florida law. If only waived tests are conducted, the . CONTRACTOR must obtain a Certificate of Exemption from the Agency for Healthcare Administration. Services shall include, but not be limited to: A. Laboratory supplies andrequired equipment (i.e., centrifuges). B. Pick-up and delivery on a daily basis, or as needed Monday through Friday. C. Printer installed ACCEPTABLE). D. Immediate telephone contact with written" reporting capability within 24 hours. at the Facility, to provide te.st results (FACSIMILE NOT The CONTRACTOR .will provide a physician/.ARN.J:' who shall check, initial and date alilabol,'atory results within an appropriate time, not to exceed 24 hours (weekends excluded), to assess the follow-up care indicated and to screen for discrepancies between the clinical observations and the laboratory results. In the event that the laboratory report and the clinical condition of the patient do not appear to correlate, it shall be the responsibility of the physician to make a clinical assessment, and to provide appropriate . follow-up, which shall include reordering of the lab tests. Article 5.33 Radiology Services. The CONTRACTOR shall provide Radiology Services for all medically necessary and appropriate diagnostic X-ray procedures, subject to the prior approval of the DC's Office of Health Services. All services shall be provided in accordance with applicable state and local regulations for equipment and personnel licensure. The CONTRACTOR shall ensure that X-ray films are read by .a radiologist. The radiologist shall call the Facility CHOfARNP with any report requiring immediate intervention. The CONTRACTOR shall ensure that a written report, on the appropriate DC form, is forwarded as required. All emergency X-rays that are required at times other than normal working hours shall be performed at a local facility. A physician shall review, initial and date all X-ray reports within a reasonable time. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 27 of 51 Article 5.34 Inmate Programmatic Services. The CONTRACTOR shall provide Inmate Programmatic Servipes including academic and vocational programs that have the objective of reducing recidivism by assuring the successful reintegration of the inmates back into society upon release from incarceration.. Such services shall be initiated upon the Service Commencement Date, that will be maintained continuously and will be certified by the appropriate governing agency(ies). Teacher's and Instructor's credentials must me~t or exceed all applicable requirements of Florida Law. The inmate participation requirements set forth.in Exhibit 1 shall be reevaluated annually and adjusted as necessary by mutual agreement of the parties through an addendum to this Contract; any reduction in inmate participation requirements shall be accompanied by a corresponding reduction under Article 7.1. In addition, the CONTRACTOR may utilize volunteers for programs that will contribute to leisure time, religious educational programs, or that in the CONTRACTOR's judgment may contribute. to inmates' adjustment in the Facility or upon release. Volunteers shall be screened according to .the established DC policy. All inmate programs are subject to reporting requirements of the state and federal government. All programs must be offered on a continuous basis. Teacher/instructor ratios are to be reasonable to accomplish this goal, and once approved are subject to the vacant positions requirements of the Contract. The CONTRACTOR shall achieve and maintain performance measures for these programs as stated in the Contract and shall provide the BUREAU with a quarterly status report indicating whether the programs' goals have been met or the reason why the goals have not been met. . Types ofprogram services t~ be provided include, but are not limited to the following: A. Industry Programs that are specialized to meet current needs of the Facility and or the DC. The industry program will be designed to impart knowledge and develop skills tliat . are essential for success in meeting the needs of the Facility and or the DC, with adequate experience to enable the inmate to obtain outside employment. Actual work-based projects are to be included in the learning activities. Industry programs must have specific performance measures: number enrolled, number participated, number completed, number certified, etc., with the goal of placing as many inmates as feasible in a work program to benefit the state and maintain security in the Facility. The custody level of the inmate is to be a consideration in establishing and assigning inmates to ~dustry programs. The program may include subcontractors to accomplish the program goals. B. Release Preparation or Pre-Release classes emphasizing resources in the community to aid in transition. C. Intervention classes to offenders with violent histories at a minimum of two times per year, and more often if the population turnover warrants. These classes may be included with Life Management skills classes. Cognitive behavior and self-help programs are encouraged. D. Religious Services shall be made available to all inmates who wish to participate in accordance with the Standards and the United States Constitution. Services may be provided by a Chaplain(s) hired by the CONTRACTOR, or by qualified volunteers. lfthe CONTRACTOR chooses to depend upon volunteer services and said services prove to be inadequate to meet the needs of the inmates as determined by the BUREAU, then the CONTRACTOR shall hire one or more Chaplains at no additional cost. E. Organized weekly religious services shall be offered. Volunteers from the community may be utilized to assist in offering a variety of religious programs. Religious activities Pastoral must be afforded in accordance with applicable federal and state laws. qualifications of employees or volunteers in this program .must meet the minimum qualifications required by the DC. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 28 of 51 F. Wellness Program which includes indoor and outdoor recreation and leisure time programs for the inmates in compliance with the applicable and corresponding Constitutional standards and the Standards provided herein. G. Substance Education Abuse Program that provides individual and group counseling for inmates that complies with the Standards and includes mental Health Care and Crises Intervention Services, etc. Article 5.35 Program Plan. CONTRACTOR shall provide a plan for providing academic and vocational programs to inmates ("Program Plan"), to be initiated upon the Service Commencement Date, that will be maintained continuously and certified by the appropriate governing agency(ies). The CONTRACTOR shall include as an attachment to this Contract a list and complete description of all programs (Behavioral, Vocational, Academic and Substance Abuse) to be provided to the inmates. Ail programs are subject to reporting requirements of the state and federal government. Ail Programs described in the Contract must be offered on a continuous and continual basis. Teacher/instructor ratios are to be reasonable to accomplish.the goal, and, once approved, are subject to the vacant positions requirements of the Contract. The CONTRACTOR shall achieve and maintain performance measures for these programs and shall provide the BuREAU with a quarterly status indicating whether the programs' goals have been met and, if applicable, the reason why the goals have not been met. See Exhibit 1 for a detailed plan.. Article 5.36 Inmate Laundry and Clothing. The CONTRACTOR will furnish uniforms, including shoes, for inmates that will be properly sized and fitted, climatically suitable, durable and presentable. The CONTRACTOR will provide laundry services and clothing in compliance with the Standards to ' include, but not be limited to the following: • Regular changes of clothing; • Specialized clothing for inmates who· are involved in activities such as food service, maintenance; and • Clean bedding and linen. Article 5.37 Inmate Compensation. Some inmates employed in selected jobs are paid for their labor. Wages should be deposited to the inmate's account and a portion of earnings be returned to the Stat~ to offset part of the cost of incarceration. Distribution of inmate earnings will continue to accrue to either the inmate or the State and the CONTRACTOR will have no claim to any part of inmates' earnings. The CONTRACTOR shall comply with Florida Statutes regarding inmate earnings distribution. Article 5.38 Library. The CONTRACTOR shall provide an inmate library in compliance with the Standards. Article 5.39 Access to Courts. The CONTRACTOR shall provide inmates access to courts in compliance with the Standards as referenced herein and the United States Constitution. Article 5.40 CONTRACTOR Staffing Requirements. A. The CONTRACTOR shall provide sufficient, qualified personnel to oversee and carry out the required operations of the Facility as specified in this Contract and in accordance with ACA Standards. . The CONTRACTOR shall maintain a file containing job descriptions for each position contained within the staffing pattern. All security posts will have a post order with sufficient detail to insure the security person filling the position can accomplish all tasks. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 29 ofS1 B. Equal Employment Opportunity: The CONTRACTOR shall provide written procedures on recruitment and selection of both objective and subjective merit principles. Recruitment and selection shall be done without regard to age, race, color, sex, religious creed, national origin, political opinions, or affiliations, marital status or handicap, except when such requirement constitutes a bonafide occupational qualification necessary to perfonn the tasks associated with the position, equal opportunity practices relating to recruitment, examination" appointment, training, promotion, demotion, compensation, retention, discipline, separation, or other employment practices. The CONTRACTOR is responsible for maintaining records as required by the federal Equal Opportunity Act. C. Vacancies: It is understood and agreed that from time to time a vacancy may occur in staff positions required by the staffing pattern. For purposes of this Contract, a vacant position occurs when the employee assigned to that position has resigned, been terminated, has deceased, or is reassigned to another position. A vacant position also includes a staff position that is filled with a person who does not possess the training, licensure or credentials required to perform the function. A vacancy does not occur when an employee is temporarily absent due to vacation, sick leave, or other temporary leave condition. In the case of a vacancy, the CONTRACTOR may arrange for the service to be provided by another appropriately qualified employee, subject to the overtime restrictions in Article 5.24, so long as the service is actually provided on the shift or during the hours. The CONTRACTOR agrees to exercise due diligence to attempt to fill any vacant security positions within thirty (30) days of vacancy and to fill any non-security positions within forty-five (45) days after the date upon which the position becomes vacant. If the CONTRACTOR artticipates a problem in filling a vacant position within the thirty (30) day allowance for security positions or the forty-five (45) day allowance for non-security positions, the CONTRACTOR must request a waiver from the BUREAU, to be reviewed on a case-by-case basis, to fill a position with contracted staff. The request shall be submitted to the BUREAU Chief and the BUREAU's On-site Contract Manager. The BUREAU shall respond to any such request within three (3) working days. Positions not filled with permanent employees or contracted staff will incur vacancy deductions until the position is filled. A list of vacant positions along . with a position control documentation must be provided to that effect to the BUREAU's On-site Contract Manager to be included on the monthly vacancy report submitted to the BUREAU. Where contracted staff is utilized, the CONTRACTOR must submit the invoice relative to payment for such contracted staff, reflecting dates of service and costs, to the BUREAU's On-site Contract Manager along with the position control documentation. The CONTRACTOR shall also submit documentation of any use of overtime to fill vacant positions after the specified times. The BUREAU shall adjust the Management Payment under Article 7.1 accordingly. This adjustment shall not be considered a form of liquidated or actual damages, but is a withholding of payment for a service not provided. As long as the CONTRACTOR has exercised and continues to exercise due diligence to fill a position, the fact that the position remains vacant shall not constitute an Event of Default, but if the CONTRACTOR has less than the required number of employees for more than the specified time, deductions for vacancies will be made from the monthly per diem paid by the BUREAU using the 365-day method inclusive of benefits, until such time as the position is filled permanently or with. contracted staff. D. Staff Health Requirements: The CONTRACTOR shall have all staff tested annually for Moore Haven Correctional Facility Operations & Management Services Contract ContractNo. DMS 06/07-103 Page 30 ofS1 Tuberculosis, and offer inoculation for Hepatitis B per the DC's Blood Borne Pathogens Manual and applicable ACA Standards. E. Minimum Required Staffing Positions: As provided by ACA. a) StaffIng Oualifications: Ail required personnel documentation including certifIcations shall be maintained at the Facility. . b) CONTRACTOR Staff Conduct: The CONTRACTOR shall ensure that all staff adheres to the following requirements for conduct: The CONTRACTOR or staff shall not display favoritism to or preferential treatment of, one inmate or group of inmates over another. The CONTRACTOR or staff shall not display any favoritism or preferential treatment to family, friends of employees or inmate family members. The CONTRACTOR or staff shall not enter into any business relationship with inmates or their families (example - selling, buying .or trading personal property), or personally employ the~ in any capacity. Unless approved in writing by the Contract Manager, the CONTRACTOR or staff shall have no outside contact (other than incidental contact) with an inmate residing at the Facility or their family or close associates, except for those activities which are approved as part of the Contract and part of the empl~¥ee's job description. The CONTRACTOR or st!j.ff shall not engage in any conduct which is criminal in nature or which would bring discredit upon the CONTRACTOR or the BUREAU. In providing services pursuant to this Contract, the CONTRACTOR shall enSl,lTe that their employees avoid both misconduct and the appearance of misconduct. Any violation or attempted violation of the restrictions referred to in this section regarding employee conduct shall be reported by phone and in writing to the Contract Manager and the Warden, including proposed corrective action to be taken by the CONTRACTOR. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the CONTRACTOR to appropriate action, up to and includingtennination of this Contract. The CONTRACTOR shall report any violations detailed above and any other incident requiring investigation by the CONTRACTOR in writing to the Contract Manager within 24 hours of the CONTRACTOR's knowledge of the incident. The CONTRACTOR shall provide their employees with a copy of these standards of employee conduct and document receipt of such notifIcation in the employee's personnel me. e) Criminal Historv Check: In accordance with Se9tion 110.1127, Florida Statutes "Each employing agency shall designate those employee positions that; because of the special trust or responsibility or sensitive location of those positions, require that persons occupying those positions be subject to a security background check, including fIngerprinting, as a condition of employment." The operation of a correctional facility is a highly hnportant and highly sensitive function of state goverinnent. The integrity, safety, and security of a correctional facility are dependent upon the integrity, responsibility, and reliability of its staff. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 31 ofS1 ----------------------_ - . Therefore, the DMS requires all individuals seeking employment at private correctional facilities to submit fingerprints for a background investigation to be conducted to determine eligibility for employment. . The DMS will require the CONTRACTOR to conduct background re-checks on all current non-certified employees every three (3) years. Fees associated with the background checks will be the CONTRACTOR's responsibilitY. As part of the pre-employment criminal history check, the CONTRACTOR shall subject its officers, employees or agents, and any subcontractor or subcontracted staff performing operational and/or management services at the Facility, at the CONTRACTOR's expense, to a Florida Department of Law Enforcement (FDLE) Florida' Crime Information CenterlNational Crime Information Center (FCIC/NCIC) criminal history check. Random criminal history checks may be conducted at any time during the contract period. In order to carry out this criminal history check, the CONTRACTOR shall submit to the BUREAU, prior to commencing services and upon request, the following data for any individual contractor or subcontractor's staff assigned to the. contract: Full Name, Race, Sex, Date of Birth, Social Security Number, Driver's License Number and State of Issue, and fingerprint cards. The BUREAU has full discretion to require the CONTRACTOR to disqualify, prevent, or remove any staff from any work under the Contract. The CONTRACTOR shall screen all potential employees through referral, employment and background checks prior to the individual providing services, custody, control or supervision to inmates as directed by the Contract. This screening shall include but not be limited to employment history, academic/vocational achievement, references, organizational affiliations and any certifications or licensures. The CONTRACTOR shall require that all current and potential employees provide the details of any of the following criminal background information: • Conviction of a felony or first-degree misdemeanor; • Pled nolo contendere or pled guilty to a crime, which is a felony or firstdegree misdemeanor; • Had adjudication of guilt withheld to a crime, which is a felony or a firstdegree misdemeanor; and . • Current pending charges for a violation of law. The CONTRACTOR shall not assign or employ personnel to provide any services pursuant to this ITN who were convicted of a felony unI~ss approved in writing by the BUREAU. The CONTRACTOR shall ensure that the BUREAU is provided the information needed to conduct the NCIC/FCIC criminal history check prior to any new contractor or subcontractor staffbeing hired or assigned to work under the Contract. The CONTRACTOR shall not offer employment to any individual or .assign any individual to work in accordance with the Contract, who has not had an NCIC/FCIC criminal history check conducted and employment approved by the BUREAU. The CONTRACTOR shall not hire any: individual to provide services as Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 32 of 51 described in the Contract who has been barred from any BUREAU, DC or other criminal justice facility. The CONTRACTOR shall immediately report to the BURBAU any new arrest, criminal charges or convictions of any current officer, agent or employee performing services under the Contract. Article 5.41 Records and Documentation. A. B. Records Maintenance: CONTRACTOR will provide a records and reporting system, both manual and computerized, for Facility operations that includes the list below, and is compatible with that used by the DC. Further, the CONTRACTOR's system will be in compliance with federal, state, and local laws governing confidentiality and will identify and limit those persons who have control or access. The system will provide for the following: a. Provision of all reports and records necessary for monitoring of any courtordered compliance. b. Maintenance of an individual custody record on each inmate that includes, but is not limited to, pers'onal data, personal inventory' receipts, disciplinary action reports, incident reports, release information, classification and counseling records, dental, psychiatric and medical records; c. Signed release of infonnation forms; d. Appropriate transfer documentation as to legal authority to accept the inmate; e. Referrals to other agencies; f. Confidentiality and safeguarding of case records to ensure against unauthorized and improper disclosure; . g. Maintenance of records and reports; 'and h. The retention arid storage of logl'! and records in a manner consistent with DC policy and Florida law. . . Management Information System: The CONTRACTOR shall install a fully compatible electronic data processing (EDP) .system to Access the Florida Offender Based Management Information System (OBIS) for information purposes with regard to inmate transfer, inmate financial records, and classification and health services. Article 5.42 Deliverables. To operate a .985-bed, adult male, minimum/medium custody level secure correctional facility. . Article 5.43 General Reporting Requirements. The CONTRACTOR shall provide to the On-site Contract Manager samples of new or revised reporting requirements of the CONTRACTOR in the performance of its obligations under this Contract. Article 5.44 Monitoring and Evaluation. A. Contract MonitoringlPerformance Evaluation Monitoring: At its discretion, the BUREAU will monitor the CONTRACTOR's performance to ensure compliance in accordance with ·all Contract provisions, DMS's instructions, and all applicable standards, ~cluding, but not limited to ACA, Administrative Rilles, DMS and DC guidelines, specifications ofthis Contract, Court Orders and Decrees. The On-site Contract Manager or designated representatives or employees of the Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 33 of 51 BUREAU may conduct inspections. as deemed necessary. The BUREAU shall have the right, unless otherwise proscribed by law, to reasonably prompt access to examine and receive copies, if request~d, of all records 'of the CONTRACTOR relating to the Facility, including without limitation, all financial books and records, 'maintenance records, employee records, and inmate records generated by the CONTRACTOR and its subcontractors, or independent contractors, in connection with monitoring the CONTRACTOR's performance of and compliance with this Contract. The BUREAU's monitoring activities shall include review of subcontracts as previously described herein. The On-site Contract Manager shall provide the CONTRACTOR, in writing, the results of monitoring/inspection activities conducted. If CONTRACTOR noncompliance issues are noted durin'g a monitoring activity, each shall be specifically identified and corrective action shall be recommended with a time frame specified to achieve compliance. The cost of the On-site Contract Manager will be a deduction from the monthly Management Payment to the CQNTRACTOR. The actual cost for such deductions will be based upon the appropriated rate, salary and expense dollars for the function. Compensation will be adjusted monthly to reimburse the BUREAU for the salary and expenses (to include coverage of employee benefits) of the On-site Contract Manager. Additional deductions will be made for any ad valorem taxes or payment in lieu of such taxes that may become due on the Facility pursuant to judicial determination or legislative mandate. B. Monitoring and Evaluation: The BUREAU's On-site Contract Manager or designated BUREAU staff, will perform monitoring during the term of the Contract, but not less than once a year to ensure Contract compliance. Monitoring shall include periodic review of compliance with Contract performance, including, but not limited to, review of' the following: 1) Security 2) Inmate Management and Control 3) Inmate Programs and Services 4) Facility Safety and Sanitation 5) Administration 6) Food Service 7) Personnel Practices and Training 8) Inmate Health Services 9) Inmate Disciplitfe In addition to monitoring, the performance of the CONTRACTOR may be compared to the perfOrinance of the State in operating like facilities. The CONTRACTOR shall supply all data related to performance of the' Contract necessary to conduct such evaluations, excluding any data protected by law. In evaluating the CONTRACTOR's performance, the BUREAU shall consider the specific areas identified above. C. Self-Monitoring: The CONTRACTOR shall continually conduct self-monitoring utilizing a comprehensive self-monitoring plan providing for both Facility-level SelfMonitoring and Corporate-level Self-Monitoring. The CONTRACTOR shall designate an employee as the staff member responsible for continuous self-monitoring of the Facility. CONTRACTOR shall provide access to all self-monitoring to the On-site Moore Haven, Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 34 ofS! Contract Manager. Article 5.45 Inmate Reintegration Program. CONTRACTOR will provide an Inmate Reintegration -,Program which provides for the following: Treatment Program Counseling which will provide individual and group Qounseling for inmates which will comply with the Standards and includes mental health care and crisis intervention services, adjunct community resource assistance as needed, specific therapy groups as determined by inmate needs and which may change over time, and a substance abuse program which i,s more fully described in Exhibit 1. Volunteer 'Programs which will include clearly specified lines of authority, responsibility, and accountability for the volunteer services program; recruitment, screening and selection of volunteers; and volunteer orientation and training. ' EducationPrograms in compliance with the Standards and as more fully described in Exhibit 1. Inmate Work Programs in compliance with the Standards. All inmates will be required to keep their living areas clean. Work opportunities will be available in the food service, laundry, maintena1,1ce shop, warehouse, and utility squads. The DC will be responsible for approving gain time credit for labor performed. The CONTRACTOR will be required to submit an annual report documenting the number, of persons who have satisfactorily completed each of the academic education, vocational education, and substance abuse components, required to be delivered per the terms 0:6: this Contract and the CONTRACTOR's response to the !TN. Included in this annual report shall'oe an update of the career outlook analysis, concerning information as required in the Contract, including: type of jobs the vocatipnal training prepares the inmates for; estimated job growth,both in the State of Florida and in the fields of training being offered; salary range of the jobs available; and qualifications , necessary for the jobs. Article 5.46 Recreation. The CONTRACTOR will provide indoor and outdoor recreation and ,leisure time programs for the inmates in compliance with the Standards. Article 5.47 Safety and Emergency Procedures. The CONTRACTOR will operate and maintain the Facility in compliance with applicable federal, state and local safety and fire codes and in accordance with the Standards. ' Article 5.48 Incident Reporting. The CONTRACTOR will follow the policies and procedures established by the DC and the BUREAU in the reporting of incidents occuring at the Facility. ARTICLE SIX EMPLOYEES Article 6.1 Independent Contractor. With respect to the performance of the services set out herein, the CONTRACTOR is and shall continue to be an independent contractor and, subject to the terms of this Contract, shall have the sole right to manage, control, operate, and direct the performance of the details of its duties under t.his Contract. The CONTRACTOR's agents and employees shall not accrue from the State, the BUREAU, or the DC any leave, retirement, insurance, bonding or any other benefit afforded to the employees of the State, the BUREAU, or the DC as a result of this Contract. The CONTRACTOR, its agents, and employees shall not be considered agents or employees of the State, the BUREAU, or the DC. ,Article 6.2 Subcontractors. The CONTRACTOR may not subcontract for the performance of any ofits Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 35 of 51 responsibilities or obligations pursuant to the Contract without prior written approval from the BUREAU. DMS has entered into this Contract based on the representations and warranties ofperformance by the CONTRACTOR. The CONTRACTOR shall not change key personnel, nor penuit such changes to key personnel of any subcontractors, without prior express written approval of the BUREAU. The CONTRACTOR shall furnish to the BUREAU's On-site Contract Manager copies of all subcontracts, without regard to amount of annual payments. The CONTRACTOR shall submit for BUREAU review of all procedural, and operational and fixed capital outlay project plans. Any arrangement by the CONTRACTOR with an affiliate or member company to provide services to the Facility shall be subject to this Article. No contractual relationship shall exist between the BUREAU and any subcontractor and the BUREAU shall accept no responsibility whatsoever for the. conduct, actions, or omissions of any subcontractor selected by the CONTRACTOR. The CONTRACTOR shall be responsible for the management of the subcontractor in the performance of their work. A subcontractor may not work directly with the BUREAU in any manner and shall not be included in contract negotiations, renewals, audit or any other discussions except at the request of the BUREAU. The provisions of law governing the participation of minority business enterprises are applicable to this Contract. The terms "Certified Minority Business Enterprises" and "MBE(s)" mean only those minority business enterprises as defined in Section 288.703(2), Florida Statutes, which possess a current certification issued by DMS' Office of Supplier Diversity. Article 6.3 Personnel. The CONTRACTOR shall at all times provide sufficient trained staff to provide for and maintain the security, control, custody, and supervision of inmates of the Facility in compliance with applicable court orders, the Standards, and this Contract. Positions will be staffed with qualified employees in accordance with the staffing pattern attached hereto as Exhibit 2. Sufficient staff shall be employed at all times· to assure that all positions identified as critical complement on the approved staffing pattern, are manned for each shift, unless a departure from the staffing pattern has been approved in writing by the BUREAU Chief. The CONTRACTOR shall be required to fill critical complement positions by using overtime or other"staff members to ensure that the staffing levels do not decrease below the established critical complement. The approved 'staffing pattern is attached as Exhibit 2 and herein incorporated by reference. . Part-time correctional officers may be used as long as they are fully trained and licensed. The use ofparttime correctional officers shall be limited to a maximum of 20 hours per officer per week, for a total not to exceed 900 hours per week for the Facility. The use of part-time staff in supervisory positions is forbidden. Full-time correctional officers shall each be limited to no more than 24 hours of overtime in any two-week period. The BUREAU reserves the right to authorize exceptions to this section. The CONTRACTOR shall conduct a drug testing to include random anabolic steroid testing of 5% of all certified staff, subject to forthcoming DC guidelines with which the CONTRACTOR shall reasonably comply. The proposal must indicate how this will be implemented. Monthly reports must be submitted to the BUREAU regarding the testing results. Article 6.4 Training. The CONTRACTOR will provide training programs in compliance with the Standards, Chapter 943 and Section 957.05, Florida Statutes, the Florida Department of Law Moore Haven Correctional Facility ·Operations & Management Services Contract Contract No. DMS 06/07-103 Page 36 ofSl Enforcement, Division of Training, and Chapter 33, Florida Administrative Code. ARTICLE SEVEN COMPENSATION AND ADJUSTMENTS Article 7.1 Management Payment. This payment reflects operating costs and does not include debt service numbers. Compensation will be based on two (2) per diem rates: the first rate is based on 90% occupancy and the second rate is based on the number of inmates exceeding the 90% occupancy. The BUREAU will compensate the CONTRACTOR at the following per diem rates (inmate, per day):' ' • • • $54.90 times the minimum occupancy of 90% (Year One) $10.09 for each inmate over the minimum occupancy rate of90% (Year One) $50.44 Blended Rate (Yeiir One) • • • $56.55 times the minimum occupancy of 90% (Year Two) $10.39, for each inmate over the minimum occupancy rate of 90% (Year Two) $51.96 Blend~d Rate (Year Two) • ' $58.25 times the minimum occupancy of 90% (Year Three) . ' fi: • $10.70 for each inmate over the minimum occupancy rate of 90% (Year Three) • $53.52 Blended Rate (Year Three) • Minus monthly deductions for: o The' Major Maintenance and Repair Reserve Fund set forth in Article 4.9, in the monthly' amount of $8,708.22. ' " o The On-site Contract Manager set forth in Article 5.44, in the monthly amount of $5,263.49 The CONTRACTOR will be required monthly to reimburse the BUREAU for the salary and expenses of the On-site Contract Manager. Such salary and expenses will include coverage of employee benefits. The salary and expenses of the On-site Contract Manager may be adjusted annually, subject to legislative appropriations, at a rate not to exceed the CONTRACTOR'S rate of per diem increase. o Any property taxes or payments in lieu of taxes (PILOT) that may become due on the Facility pursuant to judicial determination or legislative mandate. ' Regardless of the number of inmates incarcerated at the Facility, the CONTRACTOR is guaranteed an amount equal to 90% occupancy (886 inmates) times the 90% per diem rate subject to legislative appropriations. The CONTRACTOR guarantee may be subject to the following: any liquidated damages as setfoiib. in Article 10.11, deductions for position vacancies as setforth in Article SAO, dedl,1ctions for reimbursement of the On-site Contract Manager as set forth above; deductions for the maintenance reserve as set forth above; ad valorem taxes and/or PILOT payments required to be paid by CONTRACTOR by judicial determination or legislative mandate, as set forth in Article 12.6; and any other deduction or charge pennitted in this Contract. Article 7.2 Invoices. The CONTRACTOR shaH submit monthly invoices within ten (10) working days of the month end, in a format acceptable to the DC's accounting department to the attention of the BUREAU's Contract Manager. Invoices shall be submitted in detail sufficient for'a proper pre-audit and post-audit thereof. The invoice will reflect the prison population for each daY,midnight count, times the .security per' diem minus adjustments allowed in the Contract. The DC will verify the daily imnate population count. If there is a discrepancy between the CONTRACTOR's and the DC's counts, the DC's Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 37 ofS1 count will be used in calculating the per diem payment. Invoices will be adjusted as specified in the Contract. The BUREAU's Contract Manager or his/her successor shall be responsible for enforcing performance of the Contract terms and conditions and he/she shall serve as liaison with the CONTRACTOR and shall approve all invoices for payment. Submit to: Rhonda Vause, Chief Bureau ofFinance and Accounting Florida Deparbnent of Corrections 2601 Blairstone Road Tallahassee, Florida 32399-2500 Bureau Chief Bureau ofPrivate Prison Monitoring Florida Department ofManagement Services 4050 Esplanade Way, Suite 335 Tallaha!?see, Florida 32399-0950 Name and Address of Payee The name and address ofthe contact person and official payee to whom the payment shall be made: Contact Person: George C. Zoley, Chairman and CEO The GEO Group, Inc. One Park Place, Suite 700 621 Northwest 53 rd Street Boca Raton, Florida 33487 Official Payee: The GEO Group, Inc. P.O. Box 281560 Atlanta, Georgia 30384-1560 Article 7.3 Interest Penalties. Payment shall be made in accordance with Sections 215.422 and 55.03, Florida Statutes, which state the CONTRACTOR's rights and the BUREAUs responsibilities concerning interest penalties and time, limits for payment of invoices. Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and services, unless the bid specifications, 'purchase order or contract specifies otherwise. An agency has twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within forty (40) days, a separate interest penalty, established annually by the Chief Financial Officer pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the CONTRACTOR. The interest rate for calendar year 2006 is 0.02466 percent per day (9.0% per annum). The interest penalty provision applies after a thirty-five (35) day time period to health care providers, as defined by rule. Interest Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 38 of 51 - - - - - - - - - - ..... --_ .._._---- penalties of less than one (1) dollar will not be enforced unless the CONTRACTOR requests 'payment. Invoices which are returned to a vendor due to vendor preparation errors will result in a delay in the payment. The applicable time period does not commence until a properly cbmpleted invoice is received by the DC. A contractor Ombudsman has b~en established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Ombudsman may be contacted at (850) 410-9724; the State's Chief Financial Officer's Consumer Hotline is (800) 3422762. Article 7.4 Adjustments to Compensation. The BUREAU recognizes that the CONTRACTOR has entered int9 this Contract based upon the Standards in effect as ofthe date the Contract became effective. If there are changes in the Standards ot Unforeseen Circumstances which change the scope of services to be furnished pursuant .to this Contract and increase or decrease the cost of managing t.he facility, the CONTRACTOR will provide the BUREAU written notice and documentation supporting an adjustment to compensation. The BUREAU will review and may grant or deny the. adjustment to compensation, at its sole discretion. The BUREAU may adjust the total compensation paid the CONTRACTOR so that the CONTRACTOR may be paid compensation equal to the amount required to the change in CONTRACTOR's cost managing the Facility because of the change in scope of services, retroactive to the effective date of such cost changes. Since requests for appropriated funds are based on costs as provided in the CONTRACTOR's proposal, any adjustment to compensation to cover changes in the Standards or Unforeseen Circumstances which changes the scope of services, shall be subject to adequacy of -appropriated funds, sufficient to cover the compensation change. . Article 7.5 Supplemental Compensation. In the event that, pursuant to .Article 4.11, the CONTRACTOR proposes to expand the capacity of the Facility and the BUREAU approves such a proposal, then the CONTRACTOR shall be eligible for supplemental compensation for any imnates housed in the Facility in excess of the original capacity. The per diem rate of any such supplemental compensation will be an amount mutually agreed upon by the BUREAU and the CONTRACTOR, and . shall not be greater than the maximtim allowable pursuant to Section 957.07, Florida Statutes, and shall be subject to legislative appropriation. Article 7.6 Appropriation Contingency. The State's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Florida Legislature, pursuant to Section 287.0582, Florida Statutes; the State is not obligated for any payments that exceed the amount of the current appropriation, pursuant to Section 957.04(1)(h), (2)(d), Florida Statutes. ARTICLE EIGHT INDEMNIFICATION AND INSURANCE Article 8.1 Indemnification. The CONTRACTOR hereby assumes entire-responsibility and liability for any and all damages or injury of any kind or nature whatevet: (including death resulting therefrom) to all persons, whether employees of the CONTRACTOR or otherwise, and to all property caused by, resulting from, arising out of or occurring in connection with any action of the CONTRACTOR (including its officers, directors, employees, subcontractors, or agents) in performance of the duties of this Contract. If any claims for such damage or injury (including death resulting therefrom) be made or asserted, whether or not such claims are based upon the CONTRACTOR's (including its officers, directors, employees, subcontractors, or agents) active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty 'or obligation on the part of the above parties, the Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 39 ofS1 CONTRACTOR agrees to indemnify, defend and hold harmless, the State and the BUREAU, its officers, agents, servants and employees from and against any and all such claims, and further from and against any and all loss, cost expense, liability, damage or injury, including legal fees and disbursements, that the State, its officers, agents, servants or employees may directly or indirectly sustain, suffer, or incur as a result, and the CONTRACTOR agrees to and does hereby assume, on behalf of the State, its officers, agents, servants and employees, the defense of any action at law or in equity which may be brought against the State, its contractors (if any), its officers, agents, servants or employees, arising by reason of such claims and to pay on behalf of the State, its officers, agents, servants and employees, upon demand of either of them, the amount of any judgment that may be entered against them, individually, jointly or severally, its officers, agents, servants or employees in any such action. As part ofthe CONTRACTOR's assumption of all responsibility and liability for any and all damage or injury as detailed above, the CONTRACTOR further agrees to hold harmless, defend and indemnify the State for any loss, expense, recovery or settlc;:ment, including counsel fees and costs of defense, which arise from any demand, claim (whether frivolous or not) or suit which may be asserted or brought against the State or the CONTRACTOR as a result of any injury or damage to any person or persons (including death) or property (i) allegedly caused by, resulting from, arising out of, or occurring in connection with the furnishing of any goods, equipment or services or the performance or preparation for performance of any of the work or any duties of the CONTRACTOR hereunder, or incidental or pertaining thereto, and (ii) whether or not such injury or damage is due to or chargeable to any contractor or subcontractor under a contract for 'whie-lJ.;, the ' goods or services herein ordered are required, including, but not limited to, any claim based on liability without fault for injury caused by defective goods supplied by the CONTRACTOR. The CONTRACTOR also agrees to assume responsibility for, hold harmless, defend and/or indemnify the State for payment of any expenses, costs (including delay costs), direct and consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and costs of defense,which may be imposed or incurred (a) under any Federal, State, or local law, ordinance or regulation upon or with respect to any compensation of any person employed by the CONTRACTOR, and (b) under any Federal, State, or local law, ordinance or regulation upon or with respect to discrimination in employment against any individual employed by the CONTRACTOR on the basis of race, color, religion, sex, or national origin, and (c) under any Federal, State, or local law, ordinance or regulation upon or with respect to any compensation of any person for claims or civil actions alleging deprivation of right, privilege or immunity secured by the United States Constitution and laws pursuant to 42 USC Section 1983 or similar statutes as well as claims for attorneys fees brought pursuant to 42 USC Section 1988 or similar statutes. Article 8.2 Legal Proceedings. The CONTRACTOR shall'not be responsible for defending any postconviction action, including appeals and writs of habeas corpus by any inmate challenging the underlying judgment ofconviction or the administration of the sentence imposed. Article 8.3 Insurance. The CONTRACTOR is responsible for obtaining and maintaining adequate insurance coverage as required herein. The CONTRACTOR shall obtain and provide proof of general liability insurance coverage (broad form coverage) which shall specifically include fire, and legal liability in an amount not less than two million dollars ($2,000,000) for each occurrence within a yearly aggregate of at least ten million dollars ($10,000,000), and civil rights claims in an amount not less than two million dollars, ($2,000,000) for each occurrence within Ii yearly aggregate of at least five million dollars ($5,000,000). The State of Florida and its respective agencies shall be' included as ,additional insureds under the policy of general liability insurance coverage issued to the CONTRACTOR. Coverage for civil rights liability may be issued under a separate policy but shall also include the State and its agencies as additional insureds. Vemcle liability coverage for all vehicles used by the CONTRACTOR shall be Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 40 ofSl provided in an amount of not less than two million dollars ($2,000,000) per occurrence. Coverage shall also specifically be provided to protect against employee dishonesty in an amount of not less than :fifty thousand dollars ($50,000). The CONTRACTOR shall obtain and provide proof of workers' compensation insurance coverage (including employer liability) in the amount and manner required by Florida law for all ' employees of the CONTRACTOR. The CONTRACTOR shall obtain andlor provide proof of professional liability insurance coverage, including medical malpractice liability and errors and omissions coverage, to cover all professional services to be provided by the CONTRACTOR to the State under this Contract. The amount of coverage obtained shall be two million dollars ($2,000,000) per occurrence with a five million dollar ($5,000,000) yearly aggregate. If occurrence coverage is not available, claims-made coverage with a three (3) year tail coverage shall be pr?vided for the same amounts and aggregate as detailed above. The CONTRACTOR shall obtain and provide' proof of contractual liability insurance coverage to cover all liability assumed by the CONTRACTOR under this Contract and for which the CONTRACTOR may be liable to the State under the indemnification provisions of this Contract (intermediate form coverage). Such coverage may be provided by separate coverage or as an . additional endorsement to a general liability policy, but shall be in the same amounts and limits of coverage as that required for generalliabilit'lj coverage; _ The CONTRACTOR shall obtain and provide proof of boiler and machinery coverage ("comprehensive" coverage) in the amounts of one million dollars ($1,000,000) per occurrence to cover all loss arising from the operation of boilers and machinery including loss to other property and ' losses due to business interruption. The CONTRACTOR shall obtain and provide proof of premises liability insurance (which should be included in any general liability coverage) and property coverage (tire and extended coverage) for the full value of the buildings, structures or other facilities operated by the CONTRACTOR and its subcontractors and all movable contents which value can never be less than the then remaining balance owed under the lease purchase agreement. The State and its respective agencies shall be included as additional insureds under this policy. The CONTRACTOR shall obtain and maintain environmental impairment liability coverage for liability resulting from sudden, accidental or gradual pollution arising from operations conducted by the insured, covering damage for bodily injury and property damage in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) yearly aggregate limit. The State and its respective agencies shall be included as additional insureds under this policy. All insurance coverage shall be obtained by the CONTRACT9R through an insurance agent licensed in ' the State of Florida and such coverage shall be provided by an insurance company licensed to issue such coverage in the State of Florida. No "self-insurance" coverage shall be acceptable unless the CONTRACTOR is licensed or authorized to self-insure for a particular coverage in the State of Florida, or is an insured member of a self-insurance group ,that is licensed to self-insure in Florida. All policies shall include a provision requiring at least thirty (30) days' prior written notice of cancellation to the State. All insurance coverage required to be obtained by the CONTRACTOR shall continue in full force and effect during the term of the Contract. No contract shall be entered into between the CONTRACTOR and the BUREAU unless insurance coverage binders are received by the date Moore Haven Correctional,Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 41 ofS1 scheduled for the execution of the. Contract. Proof of insurance policies must be delivered prior to the date on which the services of the CONTRAC,TOR shall commence. All insurance coverage is to be provided by insurance carriers admitted to do business in Florida and coverage issued by surplus lines companies shall not be acceptable with the exception of civil rights liability coverage. All insurance carriers shall be, at the minimum, rated "A VIlli by A.M. Best or an equivalent rating by a similar insurance rating service. The CONTRACTOR ·may choose the amount of deductible for any of the insurance coverage required above to be obtained by the CONTRACTOR, but in no event shall such deductible for each occurrence exceed ,three (3) percent of the required yearly aggregate limit of coverage. The CONTRACTOR is responsible for first dollar defense coverage. All general liability and professional liability policies shall provide defense in addition to the policy limits. The limits required herein are the minimum acceptable. However, these limits are not to be construed as being the maximum any CONTRACTOR may wish to purchase for their own benefit. As respects to the total limits of liability required, any combination of primary and/or umbrella coverage may satisfy those totals. However, if an umbrella is used, coverage must be at least as broad as the primary coverage. Article 8.4 Certificate of IDsurance and Cancellation. During the performance of the management services heretinder,the CONTRACTOR shall maintain the plan of insurance and submit a Certificate of Insurance to the BUREAU for the mutual protection and benefit of it and the BUREAU, naming the BUREAU as co-insured and entitled to all notices issued under the policy, to cover claims that may arise out of or result from the CONTRACTOR's operation and management services hereunder, whether same be by the CONTRACTOR or a subcontractor or by anyone directly or indirectly employed by any ofthem, or by anyone for whose acts any of them may be liable. The BUREAU shall be notified at least thirty (30) days in advance of cancellation, non-renewal or adverse change in the coverage. New Certificates of Insurance are to be provided to the BUREAU at least fifteen (15) days after receipt by the CONTRACTOR. Article 8.5 Defensellmmunity. By entering into the Contract, neither the State, DMS, the DC nor the CONTRACTOR waives any immunity defense which may be extended to them by operation of law including limitation of damages; excepting only that the CONTRACTOR may not assert the defense of sovereign immunity. Article 8.6 Notice of Claims. Within five (5) calendar days· after receipt by the BUREAU or the DC, or of any agent, employee or officer thereof of a summons in any action, or within five (5) calendar days of receipt by the BUREAU or the DC, or of any agent, employee or officer thereof, of notice of claim, the~ BUREAU, the DC, or any agent, employee or officer, shall notify the CONTRACTOR in writing of the .commencement thereof. The notice requirement is intended to ensure that the CONTRACTOR's defense of the claim is not harmed by failure to comply with the notice requirements. Failure to comply with the notice requirements may result in the CONTRACTOR's refusal to indemnify the BUREAq, the DC, or any agent, employee or officer, but only if such failure to notify results in a prejudice to the CONTRACTOR, the BUREAU, the DC, or any agent, employee or officer. The CONTRACTOR will provide the BUREAU or the DC similar notice of claims. Article 8.7 Prior Occurrences. The CONTRACTOR shall not be responsible for any losses or costs Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 42 of 51 resulting from inmate litigation pending at the effective date ofilis Contract or for lawsuits based on acts or omissions occurring prior to the effective date of the Contract. However, the CONTRACTOR agrees to cooperate with the State in the defense of any such suits. The BUREAU recognizes that any settlement or judgment in such cases may lead to a request that the· compensation be increased pursuant to Article 7.4. Article 8.8 Waiver. No waiver of any breach ofany of the terms or conditions of the Contract shall be held to be a waiver of any other or subsequent breach; nor shall any. wl;liver be valid or binding unless the same shall be in writing and signed by the party alleged to have granted the waiver. ARTICLE NINE CERfAINPR0BIBll10NS Article 9.1 Prohibitions. The .CONTRACTOR aclmowledges the provisions of Section 957.06, Florida Statutes, which states that a contract entered into under this chapter does not authorize, allow, or imply a delegation of authority to the CONTRACTOR to: A) Choose the facility to which an inmate is initially assigned or subs.equently transferred. The CONTRACTOR may request, in writing, that an inmate be transferred to a facility operated by the DC. The BUREAU, the CONTRACTOR, and a representative of the DC shall develop and implement 'a Transfer Agreement for transferring inmates between a correctional facility operated by the DC and the Facility. The DC, the BUREAU, and the CONTRACTOR must comply with the Transfer Agreement. B) Develop or adopt disciplinary rules or penalties that differ from the disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the DC. C) Make a final determination on a disciplinary action that affects the liberty of an inmate. The CONTRACTOR may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate's request for assigned housing in protective custody. D) Make a decision that affects the sentence imposed upon or the time served by an ' inmate, including a decision to award, deny, or forfeit gain-time. Make recommendations to the Parole Commission with respect to the denial or granting of parole~ control release, conditional release, or conditional medical release. However, the CONTRACTOR may submit written reports to the Parole Commission and must . respond to a written request by the Parole Commission for infonnation. E) F) Develop and implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the BUREAU. G) Determine inmate eligibility for any form of conditional, temporary, or permanent release from a correctional facility. ARTICLE TEN DEFAULT AND TERMINATION PROVISIONS Article 10.1 BUREAU Breach. Each of the following shall constitute a Breach of Contract on the Moore Haven Correctional Facility Operations & Management Services Contract . Contract No. DMS 06/07-103 Page 43 of 51 part of the BUREAU: A) After appropl:iation of adequate funds by the State, failure by the BUREAU to make payments to the CONTRACTOR under the guidelines of Section 215.422, Florida Statutes. B) The persistent or repeated failure or refusal by the BUREAU to substantially fulfill any of its obligations under this Contract; unless: such failure or refusal is caused by a Force Majeure event or is otherwise excused under this Contract; such failure or refusal is permitted by agreement; or, such failure or refusal is warranted ~y the CONTRACTOR's breach under Article 10.2. Article 10.2 CONTRACTOR Breach. Each of the following shall constitute a Breach of Contract on !he part of the CONTRACTOR: A) A material failure to keep, observe, perform, meet, or comply with any covenant, agreement, term, or provision of this Contract to be kept, observed, met, performed, or complied with by the CONTRACTOR hereunder, which such failure continues fa;" a period of twenty (20) days, or such longer time as may be granted pursuant to Article 10.4, after the CONTRACTOR has written notice thereof; unless: such failure or refusal is caused by a Force Majeure event or is otherwise excused under this Contract; such failure is permitted by agreement; or, such failure is warranted by the BUREAU's breach under Article 10.1. B) A material failure to meet or comply with any court order, ACA Standards, or federal or state requirement of law, which such failure continues for a period of twenty (20) days after the CONTRACTOR has written notice thereof; C) A failure to maintain ACA accreditation in accordance with Article 5.9; D) The CONTRACTOR shall (i) admit in writing its inability to pay its debts; (ii) make a general assignment for the benefit of creditors; (iii) suffer a decree or order appointing a receiver or trustee for all 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; (iv) 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; or (v) 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; or E) Any other action by the CONTRACTOR which would be considered a breach of this Contract at c9mmon law. Article 10.3 Notice of Breach. Except for the BUREAU's obligations to make payments to the CONTRACTOR (for which notice of non-payment shall not be required) and the CONTRACTOR's obligation to refrain from false statements or misrepresentations (breach of which notice and opportunity to cure shall not be required), no breach of this Contract on the part of either party shall constitute an Event of Default and no action with regard to same may be instituted unless and until the party asserting a breach specifies, in writing, to the party against whom the breach is asserted, that a breach or breaches exist(s), which, unless corrected or cured within a time period specified in the notice, will constitute a material breach of the Contract on the part of the party against which a breach is asserted. . Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 44 ofSl Article 10.4 Time to Cure. In the event of a Bre,ach of Contract of the type specified in Article 10.2 (A) or (B) occurs and the CONTRACTOR reasonably believes that such Breach of Contract cannot be cured within the twenty (20) days allowed to cure such Breach of Contract in Article 10.2 (A) or (B), as the case may be, and that such Breach of Contract can be cured, through a diligent, on-going, and conscientious effort on the part of the CONTRACTOR, within a reasonable period not to exceed a total of forty-five (45) days, unless extended by the BUREAU, then the CONTRACTOR may, within the twenty (20) day cure period, submit a plan for curing the Breach of Contract to the BUREAU Chief. Such plan shall show in detail by what means the CONTRACTOR proposes to cure the Breach of Contract. Upon receipt of any such prim for curing a Breach of Contract, the BUREAU shall promptly review such plan and, at its discretion,' may allow, or disallow, the CONTRACTOR to pursue such plan for curing the Breach of Contract. Article 10.5 Remedy of the BUREAU. Upon the occurrence of a Breach of Contract by the CONTRACTOR, and, where practicable, upon satisfaction of the requirements of Article 10.3 and lOA, the BUREAU Chief shall have the right to pursue any remedy it may have at law or in equity, including, but not limited to, (i) reducing its claim to a judgment and seeking all damages for such breach; (ii) taking action to cure the Breach of Contract, in which case the BUREAU Chief may offset against any payments owed to the CONTRACTOR all reasonable costs incurred by the BUREAU in connection with its efforts to cure such Breach of Contract; (iii) in the event the CONTRACTOR is not terminated, assessment of liquidated damages as set forth in Article 10.11; and (iv) termination and removal of the CONTRACTOR as the operator of the Facility and the offsetting against any payments owed to the CONTRACTOR by the BUREAU of all reasonable eosts incurred by the BUREAU to cure the Breach of Contract, includip.g attorneys' fee. In the event of a termination of this Contract due to a Breach of Contract under Article 10.2, the BUREAU shall have no further obligations to the CONTRACTOR after the CONTRACTOR's removal; the CONTRACTOR agrees to comply with Articles 10.9 and 12.5 with respect to the transition to new management. In the event of any remedy pursuant to this Article 10.5, the CONTRACTOR shall have the right to appeal to the BUREAU, and during any such appeal, the remedies pursuant to this paragraph shall be tolled. Article 10.6 Remedy of the CONTRACTOR. Upon a ,Breach of Contract by the BUREAU, the CONTRACTOR's sole remedy shall be to terminate this Contract. Upon such termination, the CONTRACTOR shall be entitled to receive from the BUREAU payment for all services satisfactorily furnished under this Contract up to and including the date of termination. Article 10.7 Force Majeure. The failure of performance of any of the terms and conditions of this Contract by either party due to Force Majeure shall not constitute a Breach of Contract or an Event of Default under this Contract. Article 10.8 Termination for Non-Appropriation. The payment of compensation hereunder by the BUREAU is contingent upon the availability of funds legislatively appropriated to pay such compensation. In the event funds for compensation pursuant to the Contract become unavailable due to non-appropriation, the BUREAU shall have the right to terminate this Contract without penalty. Article 10.9 Contract Termination and Control of a Correctional Facility by the DC. A detailed plan must be' provided by the CONTRACTOR under which the DC will assume control of the Facility upon termination of the Contract. The BUREAU may terminate the Contract with cause, once written notic'e of material deficiencies is provided and twenty (20) days cure period has run, if required, in order to correct the material deficiencies. If any event occurs that involves the noncompliance with or violation of Contract terms and that presents a serious threat to the safety, health, or security of inmates, employees, or the public, ,the BUREAU shall request that the DC Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 45 of 51 temporarily assume control of the Facility. A plan must also be provided by the CONTRACTOR for the purchase, and assumption of operations of the Facility by the DC in the event of bankruptcy or the financial insolvency of the CONTRACTOR. The CONTRACTOR must provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events in accordance with the ACA Standards. Article 10.10 Termination for Convenience. The BUREAU may terminate this Contract for convenience by giving the CONTRACTOR written notice ninety (90) days prior to the termination effective date. Article 10.11 Liquidated Damages. The CONTRACTOR, in the event of breach or default, shall pay to the BUREAU, not as a penalty but as liquidated damages, in the following corresponding amounts, per day: Service Area I:. Security and control, ACA Accreditation, Health Services, Use of Force, Escapes, On-site Contract Managering. Vendor Breach Failure to Provide Services Failure to Document Failure to Report Failure to Comply with Other Applicable Requirements Service Area 2: ...:.::.,- $1,500 Sanitation and Hygiene, Food Service, Mail, Religion, Access to Court, Inmate Discipline, Grievance, Visitation, Records and Reports, Employee Qualifications and Training. Vendor Breach Failure to Provide Services Failure to Document Failure to Report Failure to Comply with Other Applicable Requirements ' Service Area 3: $5,000 $1,000 $2,500 $2,500 $750 $1,000 $1,000 Operating Standards, Transportation, Maintenance, Repairs and Replacements, Inroate Work, Academic & Vocational Training, Sentence Computation Data, Classification and Case Management, Commissary, Policies/Procedures/Post Orders, Inmate Management Fund/Bank AccoUnts. Vendor Breach Failure to Provide Services Failure to Document Failure to Report Failure to Comply with Other Applicable Requirements Moore Haven Correctional Facility Operations & Management Services Contract $2,500 $750 $1,000 $1,000 Contract No. DMS 06/07-103 Page 46 ofSl Service Area 4: Laundry and Inmate Clothing, Telecommunications, SupplieslPerishables, Recreation Vendor Breach Failure to Provide Services Failure to Document Failure to Report Failure to Comply with Other Applicable Requirements $1,50.0 $500 $1,000 $1,000 Assessment of Liquidated Damages shall not constitute a waiver of the BUREAU's right to terminate the Contract for cause and request any other damages or remedies allowed by law. ARTICLE ELEVEN ON-SITE CONTRACT MANAGER Article 11.1 On-site Contract Manager. The On-site Contract Manager will be designated by the BUREAU. The On-site Contract Manager will be the official liaison between the BUREAU and the CONTRACTOR on all on-site matters pertaining to the operation and management services of the Facility. All official communications shall take place between the On-site Contract Manager and the CONTRACTOR, unless the BUREAU directs otherwise. All other communication betweep. the BUREAU's employees and the CONTRACTOR shall be managed according to policies adopted by both parties. Article 11.2 The On-site Contract Manager's Use of Facilitv Space. The CONTRACTOR shall make work space available at the Facility to the On-site Contract Manager. The On-site Contract Manage's work space mustbe approved by the BUREAU Chief. Article 11.3 Self-Monitoring. The CONTRACTOR shall continually conduct self-monitoring, utilizing a comprehensive self-monitoring plan providing for both Facility-level selfmonitoring and corporate-level Self-Monitoring. The CONTRACTOR shall designate an employee as the staff member responsible for COlltinuouS self-monitoring of the Facility. The CONTRACTOR shall provide access to all selfmonitoring to the On-site Contract Manager. ARTICLE TWELVE MISCEILANEOUSPROVISIONS Article 12.1 Non-Discrimination. The CONTRACTOR shall, in the perfonnance of this Contract, strive to achieve the goals for minority participation set forth in this section. As used iiJ. this Contract, the terms "Certified Minority Business Enterprises" and IMBE(s)" mean only those minority business enterprises as defined in Section 288.703(2), Florida Statutes, which possess a current certification issued by DMS' Office of Supplier Diversity. The CONTRACTOR will be required to provide the On-site Contract Manager with a semi-annual report concerning minority participation. . Article 12.2 Operational Plan Requirements. As a condition precedent to commencement of services hereunder and, prior to the Services Commencement Date, the CONTRACTOR shall provide the BUREAU, for the BUREAU's written approval, an Operational Plan that covers the full range of Facility operations, including, but not limited to, the following: A policy and operations manual which shall cover: Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 47 ofS! • . All aspects of Facility operations. • Procedures that will be utilized to facilitate monitoring of the Facility by the operator's Authorized Representative or the Authorized Representative's designees on an annual basis. • ContinuouS self-monitoring by Facility staff. • Procedures for assumption of operations by the BUREAU in the event of the CONTRACTOR's bankruptcy or inability to perform its duties hereunder. • An' emergency procedures/security manual for confidential use by staff supervisors employed by operator. • Post orders for all Facility security staffpositions. • Job descriptions for each position, including salary range, education and experience requirements, descriptions ofjob duties, and full-time or part-time designation. The CONTRACTOR shall notify the BUREAU in writing of desired changes in, or additions to, the Operational Plan with regard to the CONTRACTOR's policies and procedures, emergency procedures/security manual, post orders, and job descriptions. No such changes shall be implemented prior to the CONTRACTOR's receipt of written approval from the BUREAU Chief. The BUREAU Chief shall respond to a request for changes' within thirty (30) days. A material breach of. the Operational Plan shall be regarded as a Breach of this Contract. Article 12.3 Location of Performance. No work or services incumbent upon the CONTRACTOR may be conducted, contracted for, or otherwise performed outside the physical jurisdiction of the State of Florida without' prior express written approval by the BUREAU. The CONTRACTOR may submit a written request to the BUREAU for an exception to this prohibition, which shall be approved or denied on a case-by-case basis at the BUREAU's sole discretion.' . Article 12.4 Books and Records. The CONTRACTOR shall keep at the Facility proper and complete books, records, and accounts with respect to the Facility and all subcontractors thereof, and shall permit the On-site 'Contract Manager and the BUREAU or its designees to inspect the same at all reasonable times, and to make and take away copies thereof, pursuant to Article 5.44. Article 12.5 Maintenance of Corporate Existence and Business. The CONTRACTOR shall at all times maintain its corporate existence and authority to transact business and good standing in its jurisdiction of incorporation and the State of Florida. The CONTRACTOR shall maintain all licenses, permits, and franchises necessary for its businesses where the failure to so maintain might have a material adverse effect on the CONTRACTOR's ability to perform its obligations under this Contract. Article 12.6 Transition. Upon the termination of this Contract, the CONTRACTOR agrees to work with the BUREAU, the DC, and/or DC management supervision, in accordance with Article 10.9, for a period of ninety (90) days to ensure an orderly and efficient transition from the CONTRACTOR's management to the BUREAU and/or the DC management (or management by a third party) of the Facility. During this transaction period, the CONTRACTOR will transfer all necessary records, files and documents for the operation of the Facility, including, but not limited to, inmate records, maintenance records, and personnel files .. Article 12.7 Taxes, Liens, and Assessments. The CONTRACTOR shall: (i) pay, or make provision for payment of, all lawful taxes and assessments levied or assessed by the federal, state or any local Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 48 ofS1 government on the Facility or any machinery, equipment or other property installed or located on the Facility by the CONTRACTOR therein or thereon, or upon the Florida Correctional Finance Corporation with respect to the Facility or any part thereof, including any taxes levied upon or with respect to the income or revenues of the Florida Correctional Finance Corporation from the Facility, or upon any payments pursuant to the LeaselPurchase Agreement; (ii) not create or suffer to be created any lien or charge upon the Facility or any part thereof; (iii) payor cause to be discharged or make adequate provision to satisfy and discharge, within sixty (60) days after the same shall come into force, any lien or charge upon the Facility or any part thereof and all lawful claims or demand for labor, materials, supplies or other charges which, if unpaid, might be or become a lien upon the Facility or any part thereof, except permitted encumbrances, as defined in the Lease/Purchase Agreement with respect to the Facility entered into by and between the BUREAU and the Florida Correctional Finance Corporation; and (iv) pay all utility charges, including "service charges", incurred or imposed with respect to the Facility. The parties hereto acknowledge that the housing of state prisoners is a governmental function, albeit a function that can be contracted for with a private business. In addition,. the parties hereto acknQwledge that the. use of a lease purchase agreement utilizing tax-exempt financing for the construction of the Facility does not alter the nature of the use of the Facility. To that end, in the event that a local jurisdiction attempts to assess ad valorem taxes on the Facility; the CONTRACTOR agrees to provide any necessary assistance, support, and expenditure of legal resources (including a pro rata share of all attorneys' fees and costs) in order to suppor.t any efforts by the State to defend the sovereign immunity from such taxation enjoyed by the Fa'cility '- as State property, pursuant to First Union National Bank of Florida v. Ford 636 So.2d 523 (Fla. 5th DCA 1993). DMS will pay 50% of all such attorneys' fees and costs. The CONTRACTOR's pro rata share of the rema:ining 50% of attorneys' fees and costs will be based on the proportion of private prison facilities the CONTRACTOR operates under contract with DMS to all private prison facilities under contract with DMS. In the event that either a judicial determination or a State legislative mandate explicitly subjects the Facility to ad valorem taxation or requires payment in lieu of taxes (PILOT), the amount of any such annual ad valorem tax or PILOT payment shall be deducted on a pro-rated monthly basis from the CONTRACTOR's monthly compensation. Article 12.8 Copies of Documents. Prior to the execution of this Contract and on an on-going basis, the CONTRACTOR shall timely provide to the BUREAU copies of the following documents: • • All original and renewed insurance certificates clearly indicating compliance with Article 8.3. Tax receipts or other appropriate documentation indicating the CONTRACTOR's payments to the taxing authorities to indicate compliance with Article 12.7. . Article 12.9 Reimbursable Expenses. In the event that the CONTRACTOR fails to comply with Articles 12.4 and 12.7, the CONTRACTOR shall pay actual expenses for the BUREAU to employ an agent or for a BUREAU employee to visit the offices of the CONTRACTOR or the CONTRACtOR's parent corporation to make and take away copies of the documents necessary to comply with Articles 12.4 and 12.1. Article 12.10 Invalidity and Severability. In the event that any provision of this Contract shall be held to be invalid, such provision shall be null and void. The validity of the remaining provisions of the Contract shall not in any way be affected thereby. Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 49 of51 Article 12.11 Counterparts. This Contract maybe executed in multiple counterparts, each of which shall be deemed to be an original and all of which shall constitute one contract, notwithstanding that all pi:u1:ies are not signatories to the original or the same counterpart, or that signature pages from different counterparts are combined, and the signature of any party to any counterpart shall be deemed to' be a signature too and may be appended to ,any other countel1'art. Article 12.12 Interpretation. The headings contained in this Contract ate for reference purposes ' only and shall not affect the meaning or interpretation of this Contract. Article 12.13 Terminology and Definitions. All personal pronouns used in this Contract, whether used in the masculine, feminine, or gender-neutral, shall include all other genders; the singular shall include the plural; and the plural shall include the singular. Article. 12.14 Venue. The Contract shall be interpreted under the laws of the State of Florida, and Leon County Circuit Court shall be the venue in the event any action is filed on the Contract. Article 12.15 Amendments. This Contract shall not be altered, changed, or amended except by instrument in writing executed by the parties hereto. Article 12.16 Third Party Rights.. The provisions of this Contract are for the sole benefit oUhe parties hereto and shall not be construed as conferring any rights on any other person. Article 12.17 Binding Nature. , This Contract shall' not be ,binding upon the parties until it ls approved and executed by both parties. Article 12.18 Interpretation. This Contract shall not be interpreted or construed against the drafting party. Article 12.19 Prohibition Against Assignment. The BUREAU has entered into this Contract with the CONTRACTOR based on, among' other considerations, its assessment of the qualifications and experience of the CONTRACTOR, the management talent of key employees of the CONTRACTOR, and the organizational structure the CONTRACTOR has caused to be created. Consequently, there shall be no assignment or transfer of the interest of the CONTRACTOR, whether in whole or in part, absent the prior written consent of the BUREAU. Further, the CONTRACTOR shall notify the BUREAU in writing as soon as is practical following (a) a merger with or an acquisition by any corporation, partnership, person, or other entity; (b) the acquisition by or purchase of more than ten percent (10%) of the outstanding shares of the CONTRACTOR by any corporation, partnership, person, or other entity; and (c) a change in the senior management of the CONTRACTOR, senior management including its President, Chief Executive Officer, and the membership of its Board of Directo;rs. If, in the reasonable judgment of the BUREAU, any such event is determined to be likely' to have a material and adverse effect on the ability of the .'CONTRACTOR to fully comply with all of the terms and conditions of this Contract, the BUREAU reserves the right to terminate the Contract without liability or penalty to the BUREAU. Article 12.20 Access to Records. The BUREAU may unilaterally cancel this Contract for refusal by the CONTRACTOR to allow public access to all documents, papers, letters, or other material originated or received by the CONTRACTOR in conjunction with the Contract, subject to the provisions of Section 119, Florida Statutes. Article 12.21 Notices. All notices shall be sent certified mail; return receipt requested to: Moore Haven Correctional Facility Operations & Management Services Contract CorttractNo. DMS 06/07-103 Page 50 of5! BUREAU: Bureau Chief Bureau ofPrivate Prison Monitoring . Florida Department ofManagement Services 4050 Esplanade Way Tallahassee, Florida 32399-0~50 CONTRACTOR: John Bulfin, General Counsel The GEO Group, Inc. One Park Place, Suite 700 621 Northwest 53 rd Street Boca Raton, Florida 33487 IN WITNESS WHEREOF, in order to be legally bound, the parties have caused their authorized representative to execute this Contract, executed and effective as of the last date indicated below. STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES ~ . By: Linda South, Secretary Approved as to fonD. and legality by th Department's General Counsel's Office: tfLuJ- nl CuJ?Jl1L THE GEO GROUP BY'~ Amber D. Martin, Its: Vice President, Contract Administration DATE: &r ?-B..rO) / / ATTEST:~~~~~~ ./ Its: . f~w/A~ ~ Moore Haven Correctional Facility Operations & Management Services Contract Contract No. DMS 06/07-103 Page 51 of 51 The GEO Group, Inc. Florida ITN OMS 06/07·103 Technical Proposal1.U page 1of 11 () 1. Technical Proposal U. INMATE PROGRAMMATIC SERVICES 1. Introduction The GEO Group, Inc. (GEO) insists that each of its facilities be a model of modern correctional management and inmate programs. We believe that while incarcerated each inmate must be given the greatest opportunity to change his or her life. Through counseling, work opportunities, academic and vocational education, life skills, and other treatment programs, each inmate is given the chance to realize a successful future as a contributing member of afree society. . GEO has a rich history of providing quality academic and vocational services to inmates, understanding that effective, evidence·-based, programming can reduce recidivism and help inmates become productive members of society. In 2006, GEO had an average daily enrollment of nearly 8,000 inmates in academic and vocational programs. Year in and year out, GEO facilities issue nearly 1,000 GED certificates. In addition to meeting ACA standards, four of GEO's educational programs have received accreditation from the Southern Association of Colleges and Schools (SACS), including our South Bay facility. Our Lawton Correctional ,Facility in Lawton, Oklahoma, became the first private correctional facility in the world to be accredited by the Correctional Education Association (CEA), the largest international accreditation association in the world. o The Moore Haven Correctional Facility, under GEO's management, has an average 9aily enrollment of 164 inmates enrolled in academic classes, 173 in vocational training, 166 in substance abuse education, and 122 in Life Skills classes. In addition, ten (10) inmates are enrolled in college ~ourse work each· month and more than 20 are. employed in the Prison Industry. Enhancement Certification Program, learning vital job skills to increase their employability potential upon release. 2. Staff Credentials The GEO educational staff is committed to establishing goals and parameters so that each inmate may understand his individual potential. By prOViding a positive self-example we are determined to continually motivate the inmate's thought process· as we encourage him to recognize his full potential. We have dedicated ourselves to fostering and developing life long learners to becoming contributing members of society by providing the necessary tools, ideals, and support to encourage this capacity for change. . All academic and vocational instructor credentials shall be in accordance with American Correctional Association ACA Fourth Edition Standards and applicable Department of Corrections (DC) and Department of Education (DOE) requirements. 3. Inmate Participation Requirement . . .GEO is familiar with the partipipation [E)qu.ir.ements.set by the Depa~m.enJQtManagement Services and. has a.... _ ' .. strong record of meeting and exceeding these requirements. GEO agrees that at all times during the course of the contract it will maintain inmate participation in behavioral, academic, vocational, and substance· abuse education programs at the facility with the inmate actively attending specified programs at the participation percentage level identified in Subsection 7 of this Section of the proposal. These programs will be offered in compliance with ACA standards and the participation requirements established by OMS. o The GEO Group, Inc. Florida ITN DMS 06/07·103 Technical Proposal1.U page 2 of 11 4. Volunteer Program Prison programming is dependent on recruiting and utilizing volunteers from the community to assist in providing services for inmate rehabilitation. Utilizing volunteers from the community, GEO is able to provide a wide variety of programs. Currently GEO has 373 volunteers on the volunteer list at Moore Haven Correctional Facility who are under the supervision and direction of the Chaplain. There are 43 properly screened, interviewed, and trained volunteers who visit the prison each month as they provide necessary assistance and services to the inmate population. o o 5. Reporting Requirements Prior to placement GEO program staff shall ensure that each inmate is assessed and evaluated by our staff to ensure that the appropriate goals and programs are offered. The inmate's individual progress will be routinely documented in an individual education plan. The level of programming will be appropriate to the inmate's needs and capabilities. Inmate progress will also be routinely reassessed and communicated back to the inmate to allow for feedback and tracking so that the inmate understands where he stands relative to his program goals. GEO will provide all necessary logistics to ensure that the programs offered to the inmate population are of the highest caliber, prepared by professional staff in surroundings conducive for learning, provided in an innovative correctional educational environment, and offered on a continuous basis. Further, GEO program staff shall ensure that performance measures as stated in the contract are both achieved and maintained. GEO program staff shall provide the OMS with a quarterly status report indicating whether the established facility program goals have been met. GEO understands and, agrees that inmate programs are subject to reporting requirements of the state and federal government. 6. Types of Programs Academic· GEO is proud to include the Moore Haven Correctional Facility along with its current operation of the South Bay Correctional Facility into its cadre of educational program successes. These program successes have been accomplished by providing a comprehensive educational program to meet the needs of individual inmates. Many of our educational programs have received regional accreditation through the Southern Association of Colleges and Schools (SACS), one of six regional accrediting bodies in the United States. GEO believes that the voluntary regional accreditation process incorporates the benefits of self-evaluation, peer review and compliance with standards to foster excellence in education programs. It also provides assurance that acommitment has been made to pursue educational excellence and that the necessary resources will be made available to accomplish that goal. . All education programs will be provided in accordance with ACA fourth Edition Standards and certified through the applicable governing agency. All programs will be offered on a continuous basis for both open entry and open exit. ·f£~QjNi1rprovra-~~'§·I"6mpr.eFieiisfv.e.::e.auc-atlon·aCpr.6·gr.am]6o:Jj)cfude~basic.~education:arid .adUltJit~r~¢y.~; [gffOrd!rr9.:?y.~!Y_:1D.'(n~1$ thf\)p'pOrturilty..:to"earn:J"!ieir::XtElt These programs will be structured to meet the literacy needs of each individual inmate. The primary objective of the facility's literacy program will be to help inmates prepare themselves for a positive transition back into society. This will be accomplished through the -development of the necessary· academic skills-as well as· building the-inrtlate~s confidence in his-ability. to- . succeed and become aproductive and law-abiding citizen. Amajor emphasis will be placed on the development of basic skills in reading, written communication, mathematics, test taking and life skills. The GEO Group, Inc. () - .-' Florida ITN DMS 06/07·103 Technical Proposal1.U page 3 of 11 GED will be using a learning competency, computer-based program to strengthen literacy skills among the inmate population attending school. This computer lab will be available to academic and vocational instructors as an adjunct to the regular classroom instruction. The desired educational program outcome is for every inmate to qualify to obtain their G,E.D. certification while at the facility jf they do not already have their High School Diploma or G.E.D., to advance to Post-Secondary academic programs or vocational education training, and to work in the facility's industry program. GED has extensive on-site experience successfully providing these types of programs to a wide range of inmates. Students without a high school diploma or G.E.D. shall be assessed and enrolled in the appropriate educational program. Upon initial assignment to the facility, and completion of the intake process each inmate's records will be reviewed. The Classification Committee will classify each inmate and develop an Individual Program Plan (lPP), Inmates who do not have a high school diploma or who have not passed the G.E.D. examination will be identified as needing educational services to work toward achieving their G.E,D. (J The inmate's formal written IPP will be developed starting with the inmate's arrival at the facility and completed within policy guidelines. The IPP will have, in addition to all assessment information, a picture of the inmate and an aftercare residential plan. The IPP will provide detailed information for the facility staff regarding an inmate's objectives to be accomplished while assigned to the facility. A facility employee and the inmate will sign the IPP. This will assure that the inmate has had an opportunity to be aware of the plan and to discuss the plan with staff. The IPP will identify all academic, vocational, treatment, and other inmate programming needs. Each inmate requiring educational programming will also have an Individual Education Plan (IEP) -that will become part of the IPP. Each IPP will be audited by the Program Director to ensure it is up-to-date, accurate l and thoroughly documents the inmate's adjustment and programming activity. Qualified inmates will be offered the opportunity to participate in College level/post-secondary courses. These programs will be offered by the facility through agreements with participating Colleges or Universities. Inmates will be counseled on the eligibility requirements and all other related aspects of the college program. Inmates will be evaluated on a regular basis by their instructor(s) to determine the advances/achievements made in each module of instruction, Advancement to higher levels of instruction will be based upon documented educational achievement. Inmates assigned to programmatic activities will be accounted for by means of a computerized tracking system using GEO's proprietary inmate data system. Inmates' schedules will be entered into the computer system and a paper-tracking roster will be generated for each class or event. Accurate attendance accounting is a critical element for the accurate tracking of student progress, for evaluation, planning, and program development. Attendance accounting will be an important record maintained by the facility's staff, The classroom teacher is the key in this process, The teacher will utilize a tracking form and reporting procedure required by the Programs Director, The Facility Student Roster will be the official attendance roster. It will include day, date, course number, student's name, hours of instruction, teacher's name, hours of attendance verification, and a .report summary-. - - --- - - ._._-- - -- - - - - -- --- --- -- - -- --- -- -- - -- - --- - - - -- - - - - -- - -- - () GEO will establish procedures for the maintenance of individual student participation and educational records that meet state and federal laws. The Programs Director will be responsible for ensuring the confidentiality of personally identifiable information. The facility will follow astudent records policy. This policy will include records Florida ITN 'DMS 06/07·103 Technical Proposal1.U page 4of 11 The GEO Group, Inc. r) \..... / transfer guidelines established by the Department. As the custodian of all records for currently enrolled students, the Programs Director will be responsible for coordinating the approval and exchange of records. Inmate records will be maintained in a separate area, apart from the regular education records. Vocational Programs - GEO is committed to high quality, meaningful inmate treatment and work programs in order to maintain the integrity of security operations and maximize the impact of habilitative programs on the recidivism rate. By providing dynamic and innovative programs, we improve the health and welfare of inmates, and instill'in them a work ethic and develop attitudes essential for acquiring and maintaining employment after release from incarceration. Vooational Education is an important feature of GEO's rehabilitation program. Not only will inmates be learning an important trade but will be helping others in the process. Vocational programs will be developed in accordance to inmate needs, facility logistics and security needs. Vocational programs will have adequate space and will be equipped in sufficient numbers so as to allow each student to be engaged in "hands·on'J instruction. The curricula will be competency based and allow open·entry and open·exit leading to a certificate of oompletion. Technical programs will be developed in conjunction with life skills programs to offer inmates reality based curricula with learned skills that can be utilized for real work opportunities. Vocational programs currently offered at Moore Haven Correctional Facility are: o • Commercial Driver's License (CDL) • The Commercial Driver's License Course teaches inmates the importance of obtaining and maintaining a Driver's License and/or Commercial Driver's License. This course familiarizes inmates with the.State of Florida's Driver's Handbook. One very exciting aspect of the CDL course are computer truck driving simulators; which encompasses practice driving, trip replays, orientation driving, training administration and assigned driving trips. All inmates who pass the final exam will have the option of enrolling in a Commercial Driver's License course taught by Key . Power Technical Institute upon their release from incarceration. The CDL class has been very successful with a99% pass rate. There were atotal of 69 Inmates who completed this class in 2006. • Cabinet Making and Millwork • The Cabinet Making and Millwork course teaches the importance of safety in the woodworking industry and basic carpentry skills through 450 hours of participation. This course includes instruction in the use of hand tools, operating portable power tools and stationary power woodworking machines. The Cabinet Making and Millwork class stresses communication skills, basic math skills, basic science skills, employability and entrepreneurship by focusing on planning, designing and layout of cabinets and casework, constructing and assembling cabinet components, constructing joints, applying laminates, and fastening stock and joints. The Cabinet Making class takes pride in completing several different projects for the facility and the surrounding oommunity. This class is oommitted to community involvement through various seasonal projects which includes: making toys for the local RCMA, Glades area School Board and neighboring daycares for distribution to under·privileged children. In 2006, the Cabinet Making class issued atotal of 37 State Certificates. _ •... Nursery Operations .•..The .Nursery. Op.eratioos..course . teaches inmates :the .skills. required to..obtaioa ",_ . __ . _. _. position in the horticulture industry upon release from the facility. It introduces inmates to the ornamental ;3.nd nursery industry. It provides "hands on" experience with the use of computer simulation green houses, shade houses and individual growing plots. The program teaches the basics of operating and maintaining a career in the nursery business by giving the inmates the skills necessary to speak intelligently to prospective employers in the field of horticulture. The inmates begin I o ------------- The GEO Group, Inc. () .._.. , . Florida ITN DMS 06/07-103 Technical Proposal1.U page 5 of 11 , by studying the scientific origins of the horticulture industry. After approximately six weeks of course work, which consists of nursery terminology, techniques and environmental issues, the inmate is then assigned an approximate one hundred square foot plot. He is' then required to plant and maintain this plot throughout the remainder of the 450·hour course. A computer assisted landscape design program (3-D Landscape) is available to inmates in this class. The program allows the inmate to design, create, and build their project, but also guides them through a sophisticated aging process to see what their design will look like in 5, 10, and 20 years. The computer database provides a large variety of programs that includes a plan browser, budgeting, activities and landscape design. The facility enhanced the program during this year by adding a hydroponics system giving inmates a unique look at a modern method in producing and growing plants. Nursery Operations class provides the facility and the community with plant products. In 2006, the Nursery Operations class issued a total of 34 State Certificates. • PC Support· The PC Support course provides an opportunity for inmates to obtain the knowledge and skills necessary to seNiee microcomputer hardware and supported peripherals, build a computer from parts and prepare them for the Comp TIA, A+ and PC Hardware and Software exams, as well as providing a solid foundation for the inmate in the PC support seNice field. The class is open enrollment and the course objectives as follows: identify all parts of a PC, discuss the functions and interactions of all PC subsystems, identify and troubleshoot common PC hardware problems, select quality PCs and constituent components based on performance and cost, install, replace, and upgrade PC hardware components, install PC software and troubleshoot peripherals such as printers and modems, install PC software and troubleshoot software issues as they arise, identify different types of operating systems and identify types qf networks. In 2006, the PC Support class issued a total of 47 State Certificates. • Web Design - The Web Design course offers a broad foundation of knowledge and skills to prepare inmates for employment in Web Design seNice positions. The course includes operating system commands, web document development, design, promotion and scripting. The Web Design class is a very comprehensive, detailed 450·hour course that teaches how to plan, organize and create a website from start to finish. Heavy emphasis is placed on individual page design and layout. Using some very powerful techniques, the inmate will learn how the simplest pages can be arranged to look more appealing and professional. They will also update pages created during previous weeks to conform to the current lesson, resulting in a polished web site. By the end of this course, inmates will have created awell-designed web site. In 2006 the Web Design Class issued 29 State Certificates. o a. Industry Programs - On May 20, 2003, GEO signed a contract with Carpetstones to establish a Prison Industry Enhancement Certification Program (PIE) at the Moore Haven Correctional Facility. In the agreement, Carpetstones specifies they will utilize aminimum of twenty (20) inmates for the program. GEO has a long and successful history with PIE Programs. The Lockhart Work Program Facility in Lockhart, Texas, has been operated by GEO since its inception in 1993 and is one of the largest PIE Programs in the country, employing 335 offenders. o GEQ is in constant communication with other vendors and is always watching for other industry possibilities. Recognizing the importance of the industry program to the habilitation process, we will always seek to employ as many inmates as possible. For example, GEO manages two federal facilities with large . , ---------- .........•...... Florida ITN OMS 06/07-103 Technical Proposal1.U page 6of 11 The GEO Group, Inc. () ''- ....... industry buildings, When the Bureau of Prisons (BOP) removed its UNICOR program and The Bureau of Justice Assistance decided federal inmates could not work in a Prison Industry Enhancement (PIE) program, GEO worked enthusiastically to overcome this setback and find an industry partner. In 2006, a not-for-profit organization, Wheels for the World, established a program to repair wheel chairs to be sent to the indigent in Third World countries. Approximately one hundred (100) inmates will be employed in this program. To better prepare inmates for the Industry Program, GEO established a vocational program titled DIVERSIFIED EDUCATION as a prerequisite for employment in the facility industry program. b. Pre-Release and Life Skills Preparation - G!=O will implement transition and intervention programs which are designed to reduce recidivism by providing transition solutions that address the challenges of assessment, education, and reintegration. Through these programs, inmates will build a portfolio, assess job-readiness skills, take a career aptitude survey, and explore ureal-life" career opportunities. o .:'i~~~!;.m~l9.y~gilitrSki[ls cur.ri~l:O.qtti:·also utilizes a variety of job-related ma.terials including filmstrips and cassette tapes, which. display realistic situations that occur while seeking employment and on the job. Tapes and workbooks will be discussed with the inmates not only to ensure understanding of material covered, but to help the inmates overcome the fear and awkwardness of seeking employment and being employed, in many ·instances for the first time in their lives, outside of prison industry. Job search . techniques and presentations will be heavily emphasized. Each inmate will be required to write a proper resume and complete an application. To better prepare the inmate for a ureal life interview," GEO will use a video recorder system to tape the inmate interviews and allow the best feedback possible for self evaluation and group assessment of the interview process. Inmates will be extensively counseled on the improvements they need to make, but emphasis will be placed on their positive qualities. The goal is to have the inmate feel comfortable in the interview process and to have pride in himself thus projecting a more capable and confidant image to the employer. . c. Intervention Programs - Anger Management/Abuse Intervention classes will be offered to inmates with violent histories at a minimum of two times per year, and more often if the population turnover warrants, These classes may be held in conjunction with mental health programming, crisis intervention services, and cognitive behavior therapy as available. o d. Religious Services - GEO understands that an inmate's spiritual development plays a key role in the habilitative process and makes every reasonable effort to facilitate the free practice of religion, limited only by legitimate security and operational considerations. All inmates will have access to religious resources, services, instruction and/or counseling on a voluntary basis. Inmates are informed of available religious programming opportunities and updated on a continuing basis. At our South Bay facility, we have thirtyfour (34) religious services each month serving all major religious groups (Buddhist, Catholic, Christian, Hebrew Israelites, Islam, Jehovah's Witness, Judaism, and Seventh-Day Adventists). Afull-time chaplain will oversee the equitable delivery of religious services to all faith groups in accordance with applicable and corresponding Constitutional standards. Inmates who wish to do so will have the Florida ITN OMS 06/07-103 Technical Proposal1.U page 7 of 11 o The GEO Group, Inc. opportunity to participate in those practices of their religion that are deemed essential by the governing body of that faith, subject to reasonable constraints necessary to ensure the safety of staff, religious workers, or the security and good order of the institution. No Inmate is compelled to attend any religious program, service, or activity. The Chaplain will have averified pastoral education background and carry the endorsement of his religious certifying body. e. Weekly Religious Services - Organized weekly religious services will be offered at the facility. U~ilizing volunteers from the community, GEO is able to provide a wide variety of religious programs. Currently GEO has 373 volunteers on the volunteer list at Moore Haven who are under the supervision and direction of the Chaplain and has forty-three (43) properly screened, interviewed, and trained volunteers each month to minister to various faith groups, thereby ensuring that all faith groups are properly represented. The Chaplain maintains ongoing communications with community religious groups for the purpose of ensuring that the facility's programs are appropriately managed and that when additional resources are needed, they are provided by properly credentialed representatives of that faith group. All religious activities will be in accordance with applicable federal and state laws and the chaplain and all volunteers will meet the qualifications required by the DC. o f. Wellness Programs· The GEO Group will provide inmates with a comprehensive recreation program with ample time activities available. Qualified recreation staff will supervise the program in accordance with applicable Constitutional standards and ACA Fourth Edition standards aside from work, programs, and . other duties to engage in anyone of the numerous recreational. The facility shall provide facilities, equipment and supplies for avariety of indoor and outdoor recreational and leisure time programs. Recreation staff will ensure that eqUipment and facilities are available in proportion to the inmate population and that equipment and facilities are maintained in good condition. The recreation program will provide activities throughout the week. There will be ample space for recreational activities such as softball, as well·as basketball, volleyball and similar court type games. In addition, space will be available for exercise equipment, table games, pingpong s and other such activities of a mqre passive nature. These.facilities will be available for use on a daily ~~ . Outdoor recreation will be permitted on a daily basis (weather permitting) in order to allow the opportunity to participate in games and activities such as basketball, softball, volleyball, various other team sports and individual activities. Objectives of the recreation programs are to assist the inmate to learn how to: o • • • • Cope with leisure; Live with abalanced life style rather than one fraught with excesses; Experience enjoyment and accomplishment in constructive ways; Accept and deal with "good feeling" experiences; Florida ITN DMS 06/07·103 Technical Proposal1.U page 8of 11 The GEO Group, Inc. • Develop positive expectations of leisure opportunities Proposed leisure time opportunities include, but are not limited to: • • • • • • • Television in each housing unit; Books and magazines; Library resources; Board games, chess, dominoes, etc. in each housing unit; Provision of exercise equipment Provision of sports (including intramural) such as basketball, soft ball and volleyball Guest lecturers, visiting Chaplains, sport teams and community groups. g. Substance Abuse Education Programs· The GEO Group understands that substance abuse contributes to a large portion of criminal activity. More than 3,500 inmates are enrolled in substance abuse classes every day at GEO facilities, learning the fundamentals of pharmacology of psychoactive substances. Substance Abuse programs will be offered in compliance with applicable standards. o The GEO Group will provide a variety of substance abuse intervention and prevention programs to the inmate population. These programs will be structured to provide a multiplicity ot"opportunities for the inmate population based on their individual assessed needs. GEO understands that there is not one program .that can fully benefit every individual; therefore we provide a variety' of approaches and techniques to expand the target population being sought. The Substance Abuse program will consist of multiple levels of substance abuse education classes and counseling conducted by qualified substance abuse counselors including education, reactive and preventive counseling components. The educational component will constitute a formal drug and alcohol information/education program with emphasis on the physiological, anger management, legal and social consequences of substance abuse. Participation of all inmates will be encouraged. The classe$ will be conducted formally with an emphasis on the use of audio-visual aids and the utilization of outside facilitators. The following levels of Substance Abuse programs will be offered: o • Introductory Level - Focus on basic substance abuse and addictive and/or abusive behavior. Educational information is provided in an attempt to teach the inmates to recognize denial and offer tools &techniques to cope with their addiction in an attempt to lead a drug free life. • Relapse Prevention Level - This is a more advanced curriculum for those inmates who have passed the denial stage and are ready to commit to life long sobriety. This program is a continuance of our introductory substance abuse program and offers a more in-depth look at substance abuse and the long-term effects it can have on aperson. • Communication and Self-Awareness Level - Focuses on self-awareness and the addictive personality. This class offers an understanding that personality traits, communication skills, and addiction are related. It teaches the inmate to identify his own personality preference, while enhancing his self-confidence, by learning how to communicate effectively. It also teaches the The GEO Group. Inc. Florida ITN OMS 06/07·103 Technical Proposaltu page 9 of 11 inmate how to deal with situations using positive alternatives rather than turning to drugs to cope. This course introduces concepts and exercises that promote self-awareness, and challenges the inmate to examine the addictive belief system that supports denial of a substance abuse problem despite all evidence to the contrary. The class is designed to strengthen skills that are often lacking in addicts and criminal inmates. Special emphasis is placed on developing an empathetic, assertive, non-aggressive communication style that will empower the individual, both while incarcerated and also in his successful return to social productivity. • o Transition and Preparation for Release Level - What Have We Learned and Where Do We Go from Here? - deals with the inmates learning to process all the substance' abuse and Life Skills information, that they have learned from previous classes, and assisting them with goals for their continued recovery and how to find sponsorship and good support groups upon release. This class has specific criteria for participation, and is voluntary, geared for those inmates within one year of release or impending transfer to another drug treatment program. This is an ongoing program structured so that the inmate can practice these concepts until transfer or until release. Each lesson is incrementally introduced in conjunction with transition planning and release placement. The inmate also has an active part in corresponding with the outside community, pursuant to relevant resources, as directed by the instructor to establish his/her release plan. 7. Program Plan GEO assures' that the Moore Haven Correctional Facility will continue to offer its programs to the inmate population with the same level of quality as has been provided to the client during past performance. Upon the facility's new service commencement date the academic and vocational programs will continue to be maintained continuously with certification in accordance to the appropriate governing agencies. Programs will also be subject to applicable state and federal reporting requirements. Teacher/instructor ratios will reflect the facility staffing plan to accomplish program delivery goals. GEO agrees that it will maintain performance measures for programs and provide Department of Management Services (OMS) with a quarterly status indicating whether the programs' goals have been met or the reason why the goals have not been met. GEO agrees that at all times during the course of the contract it will maintain inmate participation in behavioral, academic, vocational, and substance abuse education programs at the facility with the inmate actively attending specified programs at the participation percentage level identified below: Behavior Program Academic Program minimum of 128 or 13% part-time participation per day minimum of 197 or 20% part-time participation per day Vocational Program Substance Abuse Education Program minimum of 177 or 18% part-time participation per day minimum of 187 or 19% part-time participation per day GEO understands and agrees if an inmate cannot participate in any of the facility programs as specified in this section because they are: o · • Ineligible; Refuse to participate; or Florida ITN DMS 06/07-103 Technical Proposal1.Upage 10 of 11 o The GEO Group, Inc. • Do not complete the programs for which they are enrolled and participating. GEO shall provide the above information to the Contract Monitor for inclusion into the' Contract Monitor's Security and Institutional Operations Report submitted monthly by the Contract Monitor to the Bureau of Correctional Privatization (BCP). GEO agrees that inmates who are enrolled in and are actively attending a program may have occasional absences due to legitimate reasons including, but not limited to, health reasons, court appearances, recognized holidays etc. Such absences shall be noted in the Monitor's monthly report to the Bureau. GEO assures that the information it provides to the Contract Monitor' regarding inmate participation and completion of programs shall be provided in sufficient detail to enable the BCP to appropriately audit and monitor GEO's compliance with this provision. GEO further understands that inmate eligibility to participate in programs shall ultimately be determined by criteria established by the DC. 8. Inmate Reintegration Program Reentry begins on the first day of incarceration at GEO facilities, Our programs are designed to assist inmates in living positive and successful lives upon their release from incarceration. GEO makes every effort to assess the inmate's needs and provide programming that best serves those needs. The above mentioned programs along with those listed below are provided to re-integrate every inmate back into society. o • Substance Abuse Counseling • The Substance Abuse program will consist of multiple levels of substance abuse education classes and counseling conducted by qualified substance abuse . counselors including education, reactive and preventive counseling components. The educational component will constitute a formal drug and alcohol information/education program with emphasis on the physiological, anger management legal and social consequences of substance abuse. Participation of all inmates will be encouraged. The classes will be conducted formally with an emphasis on the use of audio-visual aids and the utilization of outside facilitators. • Inmate Work Program • The GEO Group shall require all inmates confined to the Moore Haven Correctional Facility to work and/or participate in the inmate work program in compliance with ACA Standards. The work program is designed to provide inmates with a variety of job opportunities which benefit the inmate and society. All able bodied inmates are required to work in activities that contribute to the orderly operation of the facility as well as facility grounds maintenance. The various tasks associated with the operation of a correctional facility can be structured to provide constructive work opportunities, which seNe to reduce idleness, teach good work habits, and provide useful job·skills for post-release employment. Work experience an"d skills acquired will provide inmates with a work history and job readiness skills. Each work supeNisor will expect the inmate worker to follow the same work behaviors as any other employee. These behaviors include: proper dress, responsibility, accountability, good hygiene, etc, Whenever practical, the job assignment will relate to the vocational training that has been provided to the inmate. This will allow the individual to practically apply those skills acquired during training. In addition, skills obtained during the Life Skills Program will be reinforced at the job site. GEO is committed to providing full·time, meaningful work to as many inmates as possible who mirror those of the community whenever practical. -----------_._---_._-_._. Florida ITN DMS 06/07·103 Technical Proposal1.U page 11 of 11 -The GEO Group, Inc. -'~\ '\............) The Objectives of the Work Program are designed to provide: • • • • • • • • Work and/or program assignments for all inmates; A variety of work which affords inmates an opportunity to learn job skills and develop good work habits and attitudes; Awork day to approximate the work day in the community; Activities necessary to the maintenance of the daily operation of the facility; Work in ahealthy and safe environment; Inmates with opportunities for employment in all areas of facility operation including, maintenance, food service, laundry, educational and vocational areas and all other functional areas; Employment opportunities for disabled inmates. Education Program Reporting· GEO understands that the Facility Administrator will be required to submit an annual report documenting the number of persons who have satisfactorily completed each of the academic education, vocational education, and substance abuse components, required to be delivered per the terms of the ITN. Included in this annual report shall be an update of the career outlook analysis, including type of jobs the vocational training prepares the inmate for; estimated job growth, both in the State of Florida and in the fields of training being offered; salary range of the jobs available; and qualifications necessary for the jobs. ASSIGNMENT OF 'WASTEWATER SERVICE AGREEMENT TillS ASSIGNMENT OF 'WASTEWATER SERVICE AGREEMENT (the "Assignment") is being entered into and executed by and between The Geo Group, Inc., a Florida Corporation (the "Assignor"), and the Florida Department of Management Services, an agency of the State of Florida (the "Assignee"). RECITALS A. Assignor is a publicly traded company engaged in the business of design, construction, management and operation of corrections and detention facilities around the country. Assignee is an agency of the State of Florida responsible for, among other things, public building design, construction and management, pursuant to chapters 255, 287, and 957, Florida Statutes. B. Assignor has been, and continues to be, the operator of the Moore Haven Correctional Facility (the "Facility"), since the completion of its original construction in 1995, to the present day under the Operations and Management Services Agreement for the Facility, effective July 1, 2007, between Assignee and Assignor ("Contract"). In early 2006, Assignee contracted with Assignor to construct a 253-bed expansion of the 7S0-bed Facility. In order to complete construction of the expanded Facility, the City-County Public Works Authority (the "Authority") required Assignor to enter into a new wastewater service agreement for the entire Facility. On May 21, 2007, the Assignor entered into the Utility Service Agreement Between the City-County Public Works Authority and The Geo Group, Incorporated (the ''Wastewater Agreement"), which is attached hereto and incorporated herein as Exhibit "A." The Wastewater Agreement gives Assignor the right to receive wastewater service at the Facility and provides that the Wastewater Agreement may be assigned with the consent of the Authority. C. Assignee now desires to purchase from Assignor, and Assignor desires to sell and assign to Assigt;lee, all of Assignor's right, title and interest, in and to the Wastewater Agreement. THEREFORE, in consideration of the foregoing and the agreements and covenants . herein set forth, Assignor does hereby convey, assign, transfer, set over and deliver unto Assignee of all of Assignor's right, title and interest in and to the Wastewater Agreement as set forth below. Assignor and Assignee agree as follows: 1. Assignor hereby warrants and covenants that (i) this Assignment conveys, transfers, sets over and assigns all of Assignor's right, title and interest in and to the Wastewater Agreement, and (ii) that Assignor has full right, power and authority to make ~his Assignment. 2. Assignor shall retain all liability under the Wastewater Agreement and shall hold hannless and defend Assignee against any and all claims arising out of the Wastewater Agreement occurring or accruing during the period in which Assignor is the operator of the Facility pursuant to a contract with the State of Florida or any of its agencies or subdivisions. In the event that the Assignor ceases to be the operator of the Facility pursuant to a contract with the State of Florida or any of its . agencies or subdivisions, the Assignor's liability under the Wastewater Agreement shall convey, transfer, set over and assign to Assignee without additional action needed by either Assignor or Assignee.. 3. Assignor hereby warrants and covenants that at the time of the delivery of this Assignment, the Assignor is not in default of the Wastewater Agreement and that all charges and fees due under the Wastewater Agreement are paid and current. ·910351-3 914526-1 Page 1 of3 C". \ I ~ ~_. 4. In consideration of the foregoing assignment, Assignee hereby covenants and agrees to pay to Assignor, through a Change Order and Supplemental Agreement to the Moore Haven Correctional Facility Design Build Agreement to be executed contemporaneously with this Assignment, the sum of Five Hundred Thirty Seven Thousand Six Hundred ($537,600.00), which represents the total sum of System Capacity Charges and additional review fees incurred and paid in full by Assignor to the Authority pursuant to the Wastewater Agreement. 5. Assignor and Assignee understand and agree that Assignor continues to operate the Facility until the Contract expires or is otherwise terminated, and that, until such time, Assignor may have reason to. require or may be directed by Assignee to bring an action for breach of the Wastewater Agreement by the Authority to continue to operate the Facility under the terms and conditions of the Contract.· Assignee further covenants and agrees to reasonably cooperate with Assignor in the Assignor's enforcement of the terms and conditions of the Wastewater Agreement so long as Assignor is operator of the Facility. 6. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Assignment as of this _ _ day of December, 2007. . Witnesses: ASSIGNOR: ~lll\. Bvl-f,t\.. & Cef1ge:ffiE€ Counsel ~~~ ASSIGNEE: Printed arne: _.......::::.~..:.....;.,~......:....-=...........,='-'-Io--=- P·I4r~M' nnte arne: \ \'OS 910351-3 Page 2 of3 914526-1 CONSENT TO ASSIGNMENT The City-County Public Works Authority, a special district organized and existing under the laws of the State of Florida, as a party to that certain Utility Service Agreement Between the City-County Public Works Authority and The Geo Group, Incorporated, dated May 21,2007 (the "Wastewater Agreement"), hereby consents to assignment of the Wastewater Agreement by The Geo Group, Inc., to the State of Florida, Department of Management Services, subject to retention by The Geo Group, Inc., of all liabilities arising from the Wastewater Agreement under the tenns and conditions set forth in this Assignment. ' CITY-COUNTY PUBLIC WORK.S AUTHORITY Dated: December 17, 2007 () e--. .~ ~ ~ - - - - - ' _ ..... BY:~i;,S "Eut~h" JSB@S, Gh~:E:EKl 8fle-r ~se~-t ~NQ.\A. ~~E.C..t- -to a.%l.(.ya.1IlCeS qea Wl-fzDO e:J ~ r~ctr'"~ -te ~~rtlf~ ~ ')\~e>\ bllh.e. GfOfi Inc.. oJ ~ A~~'7 l\t\ee·h~ helJ O/ll.1>de-~ \1/ "J-OD7, /~. 910351-3 914526-1 Page 3 of3 () C~) The GEO Group, Inc ,Moore Haven Correctional Facility 985 Bed Staffing Plan iPosition Title 5/7 Non-Shift Shift 1" Shift 2 Shift :f-'-- Relief ~------------------- Facility Administrator QCP / ACA Manager Executive Secretary Safety Specialist I Risk Manager Investigator I Grievance Captain Training Coordinator Administration Sub Total 5 5 5 5 5 5 1.00 1.00 1.00 1.00 1.00 1.00 6.00 FTE'-j ------------: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 6.00 .-----------------·----,-·--1 () Business Manager Assistant Business Manager HR Specialist HR Assistant Payroll Clerk Warehouse Supervisor MIS Specialist Laundry Supervisor . Inmate Accounts Clerk Mail Room Clerk Property Clerk Business Office Clerk Receptionist Commissary Clerk Support Sub Total 5 5 5 5 5 5 5 5 5 5 ·5 5 5 5 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 1.00 2.00 16.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.0q 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 1.00 2.00 16.00 ;-M-A-IN-T-E-NA-N-C-E~~----------_--------------------.-----------.j Maintenance Manager Maintenance Technician Maintenance Clerk MaIntenance Sub Total 5 5 5 1.00 3.00 1.00 5.00 1.00 1.00 1.00 iHEALTH SE-RV-I-C-ES---------------------~-Health Care Administrator Medical Doctor Psychologist Dentist RN Supervisor RN LPN Dental Assistant Medical Records Clerk Medical Data Entry Health Care Sub Total' 5 5 5 5 5 5/7 7 5 5 5 ---------.---- . -- - ---- --- 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 9.00 1.00 3.00 1.00 5.00 2.00 3.00 1.00 3.00 1.00 5.00 4.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 3.00 7.00 1.00 1.00 2.00 19.00 ITN No. 06/07·103 1.2 Staffing Plan Page 1 of 3 ------_._------_.~--- - () The GEO Group, Inc Moore Haven Correctional Facility 985 Bed Staffing Plan C)' ;PROGRAMS (EDUcA'tfoN) ... '" - AFA Programs Program Director Academic Instructor Vocational Instructor Life Skills Instructor Substance Abuse Instructor Programs Clerk Librarian PIT Librarian Contract Library Consultant (8 hrs/mo) Programs (EDUCATION) Sub Total :PROGRAMS (NON EDUCATIONf-"""- 0 5 5 - 5 5 5 5 5 5 5 5 7 5 .. --... -- .. . ~ - -. -- - 1.00 1.00 5.00 4,00 4.00 6.00 1.00 1.00 0.50 I -~ -- - . , . .. 1.00 1.00 1.00 3.00 •• AFA Security Security Clerk Major' Shift Supervisor / Captain Asst. Shift Supervisor / Lieutenant Housing Supervisor / Sergeant Key Control I Armory Sergeant Outside Work Squad Su ervisor / Ser eant Supervisory Staff Sub Total () ITN No, 06/07-103 1.Z Staffing Plan Page 2 of3 2.00 2.00 2.00 2.00 .. -" j .. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 5.00 1.00 1,00 1.00 2.00 1.00 12.00 5 ~ 23.50 -... - - - - - .. _. ----" - . ''- Food Service Manager Food Service Production Supervisor Cook Supervisors Kitchen Clerk Food'ServiceS ubTotal 1,00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 23.50 Classification Supervisor Classification Officer Classification Clerk Chaplain Recreation Specialist Inmate Records Clerk Data Entry Clerk Programs (NON EDUCATION) Sub Total :FOOD SERVICE 1,00 1.00 5.00 4,00 4.00 6.00 1.00 1.00 0.50 5 5 5 5 5 5 5 ' ' ' : ' .:" 1.00 1.00 1.75 1.00 1.00 5,00 1.00 1.00 1.00 2.00 1.00 12.00 ~._.~' __ ~j 1.00 1.00 7.00 1.00 10.00 o C) The GEO Group, Inc Moore Haven Correctional Facility 985 Bed Staffing Plan o ;Position Titie---"'- .-.... - .. . - ..-. (J sit" t\jon-Shift' . shifd - Shift 3 : Relie( .,. f.T.J.;...J Shift 2 Industry Officer litigation Officer Back Gate Officer Program Officer Utility Officer Work Squad Officer Transport Officer Reception/Discharge Officer Recreation Officer Kitchen Officer Central Control Officer Housing Officer Escort Inside Security Officer Medical Officer Segregation 1 Officer Segregation 2 Officer Perimeter Patrol Officer Visiting Park Officer Roundin Non Supervisory Sub Total IWTF • PROGRAMS POSITIONS COL Vocational Instructor (#164) Education Clerk Substance Abuse Clerk (PIT) Chaplain (PIT) Vocational Instructor • Cufina Arts IWTF Sub Total !FACILITYTOTAL 5 5 2 2 5 1.00 1.00 0.50 0.50 1.00 4.00 ---.--------.- -- --' .- !Summary'----------- ----.--.-----..----.----. ------ ...- .. -. -- ....-----.. - --- --- .. -. -- .,., Administration Business Support Maintenance Health Services Programs.Educatlon Programs.Non Education Food Service Security Supervisors Officers IWTF Pro ram Positions 1.00 1.00 0.50 . 0.50 1.00 4.00 -- ..- . -. - -- - ------ . . - . -.. -- . - : 6.00 16.00 5.00 19.00 23.50 12.00 10.00 IJ.!I . ITN No'. 06/07·103 1.2 Staffing Plan Page 3 of 3