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HomeMy WebLinkAboutResolution 96-058 IGA for use of inmate crewsMARANA RESOLUTION NO. 96-$8 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF CORRECTIONS (ADC) AND THE MANAGEMENT & TRAINING CORPORATION (MTC) PROVIDING FOR USE OF MARANA COMMUNITY CORRECTIONAL TREATMENT FACILITY INMATES ON TOWN WORK CREWS. WHER. EAS, the Town of Marana has an ongoing need for unskilled labor for public works projects within the Town units; and WHEREAS, the Town has the opportunity to use labor at greatly reduced wages by utilizing inmates from the Marana Community Correctional Treatment Facility; and WHEREAS, the Town of Marana desires to enter into an Intergovernmental Agreement with the Arizona Department of Corrections and the Management & Training Corporation providing for employment of inmates by the Town of Marana in a supervised capacity on an as-needed basis; and WHEREAS, it is in the best interests of the Town of Marana that the Town enter into the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Mayor is authorized to execute an Intergovernmental Agreement with the Arizona Department of Corrections and the Management & Training Corporation for the employment of inmates housed at the Marana Community Correctional Treatment Facility. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of June, 1996. ~1J. Hochuli Town Attomey Mayor E~HONE ~~C~ ~'''''''''---' il !\riznna ~~part~nt of ((!nrr~rtinn6 1645 WEST JEFFERSON PHOENIX. ARIZONA 85007 (602) 542-5538 fI FIFE SYMINGTON GOVERNOR TERRY L. STEWART DIRECTOR August 23, 1996 Ed Honea, Mayor Town of Marana 13251 North Lon Adams Road Marana, Arizona 85653 Re: Inmate Work Program Agreement DC-CCD- PW -96/98-6675 Dear Mr. Honea: Enclosed for your records is a copy of the fully executed Agreement between the Arizona Department of Corrections and the Town of Marana. While the contract is fully executed, it does not become effective until a Notice to Proceed is issued by Carl Nink, Assistant Director, Community Corrections Division. Inmate work activity under this contract cannot begin until you have received said notice. If you have any questions regarding this Agreement, please contact Sylvia Ramazetti, at 542- 3245. Maureen J. Rogers Assistant Contracts Administrator Contracts Administration i~ MJRmpt Enclosure cc: Mike Smarik, Assistant Director, Administrative Services VIA Judith Kilgus, Administrator, Bureau of Business & Finance Carl Nink, Assistant Director, Community Corrections Division VIA John Kohl, Deputy Warden, Privatization/Contracts, CCD Michael May, Deputy Warden, Privatization/Operations, CCD Contract File Chrono File A.G. Contract No: Ii f? 9(0- / </087lLS' I D. C. Contract No: DC-CCD-PW -96/98-6675 STATE OF ARIZONA DEPARTMENT OF CORRECTIONS 1601 West Jefferson Phoenix, Arizona 85007 AGREEMENT INMATE WORK PROGRAM This Agreement is entered into between and among the Town of Marana, hereinafter referred to as the Contractor, the Director of the Arizona Department of Corrections, hereinafter known as ADC, and Management and Training Corporation, hereinafter referred to as MTC. This document, including the Scope of Services, Standard Work Provisions, any' attachments, amendments or modifications, shall constitute the entire Agreement between the parties and supersedes all other understandings, oral or written. IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement. CONTRACTOR ORRECTIONS Signature of Auth2fi Ed Honea Z. Typed Name Mayor Typed Title Marana Town Hall 13251 North Lon Adams Road Marana. Arizona 85653 Address Date 7 -IS".-?t MARANA COMMUNITY CORRECTIONAL :~;;T j/ZTY ...""~(~~ '--, ?-/J--7b Signature Date William Rhode Typed Name Warden Typed Title P.O. Box 940 Marana. Arizona 85653 Address ~)./-9 \ Signature of Aut oriz d Individual Michael J. Smarik Typed Name Assistant Director. Administrative Services Typed Title Date 1601 West Jefferson, M/C 232 Phoenix. Arizona 85007 Address ARIZONA DEPARTMENT OF CORRECTIONS nEkL. ~~~ ~ t/1 !1~ Signature Carl E. Nink Typed Name Assistant Director Community Corrections Division Typed Title 363 North First Avenue, M/C 920 Phoenix. Arizona 85003-1512 Address Approved as to form this 9 ttt day of ~ GRANT WOODS The Attorney General ~' , 1996. By: " Assistant Attorney General - "-- ' D. C. Contract No: 6675 SCOPE OF SERVICES Page-L Authority to Contract MCCTF: D.C. Contract #6478 Authority to Contract ADC: A.R.S. 41-1604 et. seq. 31-252 31-254 Authority to Contract Contractor: A.R.S. 9-240 31-252 31- 254 Expiration Date: Same as Contract No. 6478 between ADC and MTC WITNESSETH WHEREAS, ADC desires to implement the requirement that each able-bodied inmate under commitment to ADC shall engage in work activity during such term of imprisonment, and WHEREAS, the Director of ADC has the authority to maintain and administer facilities and programs as may be required for the custody, control and rehabilitation of all inmates committed to ADC, and WHEREAS, in accordance with Arizona Revised Statutes (A.R.S.) 41-1609 and 41-1609.01, as amended, ADC has a current contract with Management and Training Corporation (MTC), a private business organization, to operate and manage the Marana Community Correctional Treatment Facility (MCCTF), a secure private prison constructed by MTC to provide housing and treatment to inmates committed to ADC who demonstrate a need for substance or alcohol abuse intervention, and WHEREAS, the Director of ADC may authorize inmate work crews from State institutions or contracted private prisons to perform acceptable tasks in any part of the State, and WHEREAS, inmates assigned to MCCTF shall be the labor pool for this Agreement, and WHEREAS, A.R.S. 31-254A does not apply to the provision of services or labor addressed in this Agreement, and WHEREAS, the Contractor has a need for a labor force to support its property maintenance and construction projects, NOW, THEREFORE, the parties hereto agree as follows: I. For the purposes of this Agreement, the following definitions shall apply. DC Contract No: 6675 CONTINUATION SHEET Page---2- A. ADC CONTRACT MONITOR - ADC Associate Deputy Warden whose work location is MCCTF and who serves as the liaison between ADC and MCCTF regarding matters that arise as a result of the daily monitoring of the services provided at MCCTF for ADC. B. ADC POLICY - ADC Internal Management Policies (IMPs), Director's Management Orders (DMOs) and Financial Services Procedures issued by the Director of ADC which govern the administration and operation of ADC and MCCTF consistent with State statutes, rules and sound correctional practices. C. MCCTF PROCEDURES - Those MCCTF procedures based on ADC IMPs, DMOs and Financial Services Procedures that have been approved by ADC relative to the operation, management and maintenance of MCCTF. D. MCCTF WARDEN - Individual employed by MTC and charged with the overall responsibility of management and operation of MCCTF. II. THE CONTRACTOR AGREES: A. To provide supervision, necessary tools/equipment, sanitary facilities and any special protective clothing required to accomplish work assignments. 1. Supervision shall be provided as directed by MCCTF and shall also include morning and afternoon telephonic reports of inmate counts to MCCTF by the Contractor. 2. Assigned inmates shall wear their identification cards at all times at the work site. 3. Information requested by MCCTF/ADC relative to the identity of assigned supervisors shall be provided. 4. To provide transportation of inmate workers to and from the work site(s) in the Contractor's vehicles only. Inmate workers shall not be transported in privately owned vehicles at any time. B. That workdays and hours shall be established by mutual agreement. Should workload require inmates to stay beyond their normal work hours, the MCCTF contact person shall receive 24 hours prior notification of this necessity from the Contractor's contact person. Overtime shall not be provided unless approved by the MCCTF Warden and ADC Contract Monitor. C. To assign work location(s) subject to the concurrence of MCCTF/ADC. DC. Contract No: 6675 CONTINUATION SHEET Page~ D. That inmates assigned to this work program shall not drive over-the-road vehicles as part of their job responsibilities. However, inmates may be permitted to operate tractors, ride-on lawn mowers, etc., off road only. The Contractor shall: 1. Provide written notice to the ADC Contract Monitor advising of the need to use inmate drivers. The notice shall describe the type(s) of vehicle(s) to be operated off road. No inmate shall be used to operate any vehicle off road until the Contractor receives written authorization from the ADC Contract Monitor. 2. Acquire and maintain applicable vehicle insurance in compliance with State requirements. 3. Document training provided to inmates specific to each vehicle to be operated off road. E. To allocate sufficient time from job responsibilities to allow Contractor's staff assigned to this work program to attend mandatory training given by ADC prior to initiating the work activities described in this Agreement. F. To maintain the work site(s) in the manner/condition in which it was approved by ADC and MCCTF as complying with the requirements imposed by the custody level of assigned inmates and assigned work responsibilities. 1. If the Contractor wishes to change or alter the work site(s) after execution of this Agreement, the Contractor shall provide written notice to MCCTF of this intent prior to the change or alteration(s) being accomplished. 2. The ADC Contract Monitor, an MCCTF representative and the Contractor shall then conduct an inspection of the work site( s). If the proposed change or alteration(s) shall negatively impact the security and/or safety of assigned inmate workers, ADC shall have the option to either disapprove the assignment of inmates to the involved work site, or terminate the Agreement. G. To pay for inmate labor services at a hourly rate of fifty (50<:) cents per hour, to include approved overtime, as authorized by ADC. Payment shall be rendered within ten (10) DC Contract No: 6675 CONTINUATION SHEET Page-L workdays after receipt of the MCCTF invoice by warrant made payable to Marana Community Correctional Treatment Facility and sent to: Marana Community Correctional Treatment Facility Attn: Business Manager 12610 West Silverbell Road Marana, Arizona 85653 H. To comply with ADC policies and MCCTF procedures that have bearing upon the Contractor fulfilling assigned obligations under the terms of this Agreement. I. To obtain ADC and MCCTF approval at least two (2) workdays prior to initiating any changes in the following areas: 1. Work task 2. Equipment/tools used 3. Chemicals used 4. Work site(s) J. To supply data necessary for background checks on all employees in direct and continuous contact with inmate workers, i.e., name, date of birth, social security number and finger print cards. K. To designate a contact person who shall function as a liaison between the Contractor and MCCTF in developing and coordinating work schedules, hours and transportation. The Contractor shall ensure that MCCTF is given the name and telephone number/extension of the contact person. L. That work projects shall be completed in compliance with all applicable Federal and State standards and/or building codes. III. MCCTF AGREES: A. To provide a mutually agreed number of inmates, subject to availability of said work force, for the Contractor's property maintenance and construction projects. Assigned inmates shall wear appropriate identification cards at all times at the work site. DC Contract No: 6675 CONTINUATION SHEET Page-L B. To provide the Contractor with a Daily Inmate Roster listing inmates assigned to the work crew each workday (refer to Attachment #2). Copies of each day's roster shall be maintained by MCCTP for monthly invoicing purposes. MCCTP may computerize this Attachment, but shall ensure that all required information is provided. C. That inmates shall be screened and approved by the ADC Contract Monitor for assignment to the Contractor's work projects in accordance with ADC policies and procedures. Work duties shall include: 1. General maintenance and clean-up. 2. Minor construction and repair. D. To furnish sack lunches for inmate workers and all clothing, except special protective clothing. E. To remove and replace as soon as possible any inmate who does not perform to the satisfaction of the Contractor. P. To provide security supervision of inmates in accordance with ADC policy and MCCTP procedures. G. To keep the ADC Contract Monitor informed as to the daily operations of this work program. H. To designate a contact person who shall function as a liaison between MCCTP and the Contractor in developing and coordinating work schedules, hours and transportation. MCCTP shall ensure the Contractor is given the name and telephone number/extension of the contact person. I. That the work site(s) has been inspected relative to security and safety concerns to ensure the work environment satisfies all requirements imposed by the custody level of assigned inmate workers and assigned work responsibilities. If, during the term of this DC Contract No: 6675 CONTINUATION SHEET Page~ Agreement, security or safety concerns should become evident, MCCTF shall provide notice of such concerns to the ADC Contract Monitor and the Contractor in the following manner: 1. MCCTF shall verbally advise the ADC Contract Monitor .and the Contractor of the specific security/safety concern. Corrective action shall be determined by MCCTF. If, in the opinion of the MCCTF Warden, said security/safety concern(s) poses an immediate threat to the work crew, the MCCTF Warden shall withhold further assignments of the work crew until the concern( s) is rectified. 2. Failure on the part of the Contractor to respond to the request for corrective action may result in the suspension of the work program. a. The parties to this Agreement may meet to discuss resolution. b. If resolution cannot be attained, ADC shall have the option to either disapprove the assignment of inmates to the involved work site, or terminate the Agreement. c. In the event of termination, the Contractor shall make final payment to MCCTF as directed herein. 3. All incidents relative to security concerns shall be reported in accordance with MCCTF procedures. 4. All communication between the parties to this Agreement related to safety concerns shall be documented in writing. J. To invoice the Contractor by the fifth of each month for services provided the previous month. Attachment #1, Monthly Payment Detail, shall function as the monthly invoice and shall be completed by MCCTF based on information contained in copies of the Daily Inmate Rosters for the previous month. Invoices shall be sent to: Marana Town Hall Attn: Business Manager 13251 North Lon Adams Road Marana, Arizona 85653 K. To follow prescribed ADC Financial Services Procedures in handling inmate banking activities related to this Agreement. DC Contract No: 6675 CONTINUATION SHEET Page-L L. To maintain monthly records of inmate work hours for payment reconciliation purposes and for purposes related to the requirements of Agreement No. DC-CCD- PRIV -94/98-64 78. IV. ADC AGREES: That the ADC Contract Monitor assigned to MCCTF shall provide oversight, direction, and coordination as indicated below: 1. Approve and authorize inmates to be assigned to the work project and to operate designated Contractor vehicles off road. 2. Inspect each work site with an MCCTF representative prior to initiation of work activities relative to security and safety concerns to ensure the work environment satisfies all requirements imposed by the custody level of assigned inmate workers and assigned work responsibilities. 3. Provide training to Contractor's staff who will be involved in supervising or interacting with inmate workers. This training shall be given prior to initiating the work activities described in this Agreement. a. Subsequent to Agreement execution, training shall be available and provided to any new staff the Contractor may assign to the work program. b. Refresher updates/courses shall be made available to the Contractor's staff on an as needed basis, but no more frequently than quarterly. 4. Approve the Contractor's supervisor(s) assigned to this work program in accordance with ADC policy. a. Subsequent to Agreement initiation, should the Contractor's supervisor(s) change, the Contractor shall notify the ADC Contract Monitor at least two (2) workdays prior to the impending change to permit completion of ADC's approval process. The ADC Contract Monitor shall provide the Contractor with the telephone number at MCCTF where the Monitor can be reached. b. If prior notice is not possible, the ADC Contract Monitor may direct the MCCTF Warden to withhold the inmate work crew from further service until the necessary approval process is completed. DC Contract No: 6675 CONTINUATION SHEET Page~ 5. Inform the Contractor of ADC policies and MCCTP procedures and activities that have bearing upon the Contractor fulfilling assigned obligations under this Agreement. 6. Approve, with the concurrence of the MCCTP Warden, requests from the Contractor for inmates to work overtime. 7. Coordinate administrative/legal issues or information relative to this Agreement to ensure that the parties to this Agreement and appropriate ADC representatives are informed. a. Issues/information may include: problems; disputes; notices; work program suspensions; termination. b. Written documentation shall be maintained explaining actions taken and resolutions achieved. V. IT IS MUTUALLY AGREED THAT: A. This Agreement shall be executed when all signatures are affixed, but shall not become effective until a Notice to Proceed is issued by ADC. The expiration date shall coincide with the expiration of the Agreement between Management & Training Corporation (MTC) and ADC. All services are contingent upon availability of funds and resources to each party with which to carry out its part of the Agreement. If the Agreement between ADC and MTC for the continued operation of MCCTP is renewed for an additional two years, this Agreement for inmate labor shall be automatically renewed for the same two year time period, otherwise subject to the same terms and conditions. A formal written amendment shall not be required to extend this Agreement unless changes other than those stated in Paragraph E. below are necessary. B. Circumstances may arise during the term of this Agreement which may preclude provision of inmates for work assignments. Such circumstances could include acts of nature, institution riots, lockdowns, inmate work strikes, etc. The following guidelines shall govern if such circumstances should occur: 1. MCCTP shall provide verbal notice to the ADC Contract Monitor and the Contractor immediately if circumstances at the private prison will impact work activities. DC Contract No: 6675 CONTINUATION SHEET Page~ 2. MCCTF shall ensure written documentation is maintained to explain a work program suspension due to circumstances described herein. Copies of all related documentation shall be provided to the ADC Contract Monitor. 3. MCCTF shall provide written notice to the Contractor, with a copy to the ADC Contract Monitor, indicating when the work program can resume. 4. Neither ADC nor MCCTF shall be liable for failure to perform due to circumstances described herein. In addition, failure to perform due to such circumstances shall not constitute default of this Agreement. C. If a discrepancy in payment, or payment records is identified by any party to this Agreement, the party discovering the discrepancy shall notify the other parties in writing within ten (10) workdays after discovery. All parties shall resolve the discrepancy by comparison and reconciliation of records. If the parties cannot reach agreement, ADC shall mediate to resolve the discrepancy. D. Any and all notices, requests or demands given or made upon the parties hereto, pursuant to or in connection with this Agreement, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as shown on the signature page of this document. E. Changes to the Agreement to accomplish the following may be handled by written notice rather than formal amendment. All other changes shall be accomplished by formal amendment, signed by all parties. 1. Change of address of the Contractor, MCCTF, or ADC. 2. Change of authorized signatories, or respective designees for the Contractor, MCCTF, or ADC. (Unless such change impacts respective obligations under this Agreement.) 3. Change in the name or address of the person(s) to whom notices are to be sent. .. DC Co11tract No: 6675 CONTINUATION SHEET Page-1!L P. This Agreement may be terminated without cause by ADC or the Contractor by provision of prior written notice to the other. Such notice shall be effective ten (10) days after mailing by certified mail, return receipt requested, to the other party. G. Upon termination of this Agreement as permitted herein, all remaining monetary obligations up to the termination date shall be satisfied as follows: 1. All outstanding payments for services provided by the terms of this Agreement shall be forwarded to MCCTP by the Contractor in the format and to the location specified herein. Said payment shall be made by the Contractor within two (2) weeks after termination of the Agreement. 2. Payments made by the Contractor to MCCTP shall be in agreement with MCCTP's records. Should a discrepancy in amount of payment occur, the procedure identified herein shall be followed. The Agreement shall remain in effect until the discrepancy is resolved; however, services to the Contractor shall end in accordance with the Notice of Termination. H. The Contractor shall ensure that the minimum insurance coverages and endorsements shown by Attachment #3 are acquired and maintained, unless waived in part as indicated below. Applicable coverages and endorsements shall be renewed annually for the duration of this Agreement with verification in the form of an insurance certificate(s) provided to the ADC each year. Prior to Agreement execution, the Contractor shall provide to the ADC Contract Monitor insurance certificates verifying that required coverages have been acquired. Any changes in the minimum insurance requirements or granted waivers during the term of this Agreement shall be handled by formal written amendment to the Agreement. As applies to this Agreement, no insurance requirements have been waived. I. The parties to this Agreement shall retain for inspection and audit by the State all books, accounts, reports, files and other records relating to the performance of this Agreement for a period of five (5) years after its completion. Upon request of any party to this Agreement, a legible copy of all such records shall be produced at the administrative office of the requesting party or at the office of the State Auditor General. The original of all such DC Cohtract No: 6675 CONTINUATION SHEET Page-1L records shall also be available and produced for inspection and audit when requested by any party or the Auditor General to verify the authenticity of copy. J. This Agreement is subject to cancellation pursuant to A.R.S. 38-511, the provisions of which are incorporated herein. K. This Agreement is subject to arbitration to the extent required by A.R.S. 12-1518. L. All parties to this Agreement shall comply with State Executive Order No. 75-5 which mandates that all persons, regardless of race, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable federal and state employment laws, rules and regulations, including the Americans With Disabilities Act. The Contractor shall take action to ensure that applicants for employment and employees are not discriminated against due to race, religion, sex, age, national origin or disability. ~ DC Cohtract No: 6675 STANDARD WORK PROVISIONS INMATE WORK PROGRAM Page-.lL A. No inmate shall be placed in a supervisory capacity over any other inmate. B. The MCCTF contact person shall receive immediate notification of the following: 1. Unsatisfactory work or malingering of inmates. If requested, the Contractor shall furnish a written account of such unsatisfactory performance. 2. The failure of an inmate to remain at work in accordance with assigned job duties. The Contractor shall not be responsible for the search and apprehension of an escaped inmate. 3. The discovery or suspicion of any intoxicant or unprescribed drug in the possession of any inmate worker. C. In the event of accident or serious illness while on the job, the Contractor may administer first aid as necessary and shall notify the MCCTF contact person without delay. If necessary, in the interest of life or limb, the inmate may be transported to the nearest hospital. D. The Contractor shall provide training and special protective clothing if inmates must work with, near, or around hazardous materials, e.g., asbestos, explosives, radioactive substances, or, if work environment necessitates, use of specific safety precautions. Provision of training shall be documented in writing for each inmate participant. Special protective clothing may include, but shall not be limited to, shoes, safety glasses, gloves, goggles, protective outerwear, hats, masks, etc. E. The Contractor shall provide instruction to all inmate workers regarding necessary safety precautions at the job site. If inmate workers are required to operate special equipment as part of their job duties, appropriate training specific to its use shall be provided and documented. F. Contractor's supervisors shall have knowledge and training related to the particular work tasks described in the Agreement to ensure that qualified technical supervision and assistance shall be provided to inmate workers as applicable to job requirements. G. All equipment, machinery and tools needed to accomplish designated work assignments shall be maintained in good repair and working condition by the Contractor. DC Contract No: 6675 STANDARD WORK PROVISIONS INMATE WORK PROGRAM Page~ H. The Contractor shall comply with the required standards of the Occupational Safety and Health Act during the term of this Agreement relative to safety of the work environment and equipment used by assigned inmate workers. I. The confidentiality of information regarding any inmate worker acquired in the course of service pursuant to this Agreement shall be maintained in accordance with A.R.S. 31-221, and no information shall be released without prior written authorization from a representative of ADC. J. The Contractor's personnel shall be instructed that it is unlawful for anyone to give, take or in any manner barter with inmates, i.e., the supplying of any goods or monies constitutes a felony for which they can be prosecuted. Inmates are not permitted to work where there are alcoholic beverages or illegal drugs. The Contractor's personnel shall not handle any mail, notes, packages, or verbal messages for assigned inmates. Assigned inmates shall not make or receive telephone calls unless the call is made to or received from the institution in which the inmate is incarcerated. K. Authorized representatives of ADC and/or MCCTF shall be permitted to visit or telephone assigned inmates at the prescribed place of work, or to otherwise communicate with the Contractor to discuss each inmate's work performance, work attendance and general behavior. L. The visiting of an inmate by any unauthorized person shall not be permitted. If any person is found visiting with an inmate, his or her name and description shall be given to the MCCTF contact person. If it is not possible or feasible to obtain names, other identification such as automobile make, description and license number shall be obtained when possible. M. Any allegations of non-compliance with ADC or MCCTF rules, policies and/or procedures, or other Contractor misconduct shall be subject to investigation by ADC. .... . !z W :I ::I: U ~ < tn J z 0 ..... ~ W..J ~~ - LL l- S Ow U UC U ClI a u.1- :Ii: ~ OZ - - I-W t:: ~ 0 Z:l ~ W~ '(3 :lD. ns 1;:>- LL - 0 <..J s::: D.i= CD l- E Wz - Co ns ~:I ~ J I- ~ n; s::: 0 ..... < ;; (.) ~ ... S 0 0 ClI ~ a ~ ns s::: - t:: s::: ::::I 0 ns E ~ ... ns E :Ii: 0 - 0 0 ns s::: s::: .. ~ ns E ... 0 ns ~ I- :Ii: LL "C .. 0 s::: ';: :it 0 CD i.: III 0.. - .s ';: C) (.) 0.. ns (.) s::: ... I! CD :e - - - s::: s::: ns 0 0 > 0 ';: c- O 0 CD 0.. 0::: w ci:i Cl w ~ ~ fJ) ll.. :i: z I- 0 ...J i= ~ ~ ~ Z ID i= => z fJ) 8 ...J ...J <( ::!: o a:: 11- ...J ~ o I- ID => fJ) ..:.i ~ o I- J w ~ Cl < a.. l'lI rn rn .... :i: rn CI) I- ..I~ ...J -c ii:' ~ ~1Il 0 l- f I- Wl'll 0 m C,! 0 ::J C rn I-l'lI ::E ~ Z.~ - .... w- e ::Ie.. ~ 0 )o:J ~ cc'7 '(3 a.. III l'lI LL )0 CI) - ..IC) c ~ ::cl'll CI) I-a.. E zc - 0.2 l'lI CI) ::11;; ... J I- :J iii c ;; c c 0 .... 0 ;; ~ u CI) ... ... S- O 0 ClI ~ C ~ C .... l'lI e C :J 0 l'lI E ~ ... l'lI E ::E 0 .... 0 0 l'lI C c E ~ f! l'lI 0 I- ::E ... LL I o 1 .... CI) C) l'lI a.. .. .... 't:J :j:I: .. 0 - c 'i: c :it 0 CI) CI) i.: III a.. E - .s "i: C) .c u u a.. c u l'lI l'lI ,! :e ... ~ - ... c - l'lI 0 C <( 0 0 > c.. 0 0 'i: ~ a.. ATTACHMENT #2 ARIZONA DEPARTMENT OF CORRECTIONS DAILY INMATE ROSTER Contract #: 6675 Date: Contractor: Town of Marana Private Prison: Marana Community Correctional Treatment Facility (MCCTF) Inmate Name Inmate Number 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. D. C. Agreement No: 6675 ATTACHMENT #3 MINIMUM INSURANCE REQUIREMENTS 1. Workers' Compensation insurance for the Contractor's employees to cover obligations imposed by Federal and State statutes and employers' liability insurance with a minimum of one hundred thousand dollars ($100,000). Evidence of qualified self-insured status shall also suffice for this section. In accordance with A.R.S. 31-254J, inmates associated with this Agreement are not considered employees and do not come within the provision of Workers' Compensation provided in Title 23, Chapter 6 and are not entitled to any benefits thereunder whether on behalf of the inmate or any other person. 2. Commercial general liability insurance with a minimum combined single limit of one million dollars ($1,000,000) each occurrence. The policy shall include coverage for bodily injury, personal injury, broad form property damage, blanket contractual, contractor's protective and products and completed operations. 3. Comprehensive automobile liability insurance with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000) each occurrence with respect to Contractor's vehicles (whether owned, hired, non-owned) assigned to or utilized in the performance of this Agreement. 4. The policies identified in 2 and 3 above shall name the State of Arizona and the Department of Corrections as additional insured and shall specify that the insurance afforded the Contractor shall be primary insurance and that any insurance coverage carried by the State, the Department of Corrections or its employees shall be excess coverage and not contributory insurance to that provided by the Contractor. 5. If applicable, personal property insurance to cover the replacement costs of Contractor personal property that may be located at a Department of Corrections institution to support described work activities. 6. Failure on the part of the Contractor to procure and maintain the required liability insurance and provide proof thereof to the Department of Corrections within thirty (30) days following the commencement of a new policy period, or renewal of a policy, shall constitute a material breach of the Agreement upon which the Department of Corrections may immediately terminate this Agreement. Prior to the effective date of this Agreement, the Contractor shall furnish the Department of Corrections with an appropriately executed certificate of insurance. Such certificate shall identify this Agreement and contain provisions that coverage afforded under the policies shall not be cancelled, terminated or materially altered until at least thirty (30) days prior written notice has been given to the Department of Corrections. The Contractor may utilize the State of Arizona Certificate of Insurance (RM-7200.1) or other forms acceptable to the State to identify insurance coverage. The State of Arizona reserves the right to request and receive certified copies of any or all of the above policies and/or endorsements. i) J\riznnn ~epnrt~nt of QInrrertinne 1645 WEST JEFFERSON PHOENIX, ARIZONA 85007 (802) 542-5538 FIFE SYMINGTON GOVERNOR July 18, 1996 TERRY L. STEWART DIRECTOR Mr. Hurvie E. Davis, Town Manager Marana Town Hall 13251 North Lon Adams Road Marana, Arizona 85653 Re: Inmate Work Agreement DC-CCD-PW-96/98-6675, Town of Marana Dear Mr. Davis: The Worker's Compensation insurance provided to this office for the above referenced Agreement expired on July 1, 1996. You are requested to provide an updated copy of Worker's Compensation insurance. Please send to my attention at the following address by July 31, 1996: Department of Corrections Contracts Administration, M/C 802 1645 West Jefferson Phoenix, Arizona 85007 Please feel free to call me at 542-3245 should you have any questions regarding this matter. Sincerely, S~~~~>~ Sylvia Ramazetti Contracts Management Specialist cc: John Kohl, Deputy Warden, Privatization Contracts/Community Corrections Division Contract File Chrono File ~ri~nna ~~partment of QInrr~rtinn6 1601 WEST JEFFERSON PHOENIX. ARIZONA 85007 (602) 542-5536 FIFE SYMINGTON GOVERNOR June 19, 1996 TERRY L. STEWART DIRECTOR Mr. Hurvie E. Davis, Town Manager Marana Town Hall 13251 North Lon Adams Road Marana, Arizona 85653 Re: Proposed Inmate Wark Agreement DC-CCD-PW-96/98-6675, Town of Marana Dear Mr. Davis: This office has been asked to prepare an Inmate Work Agreement with the Town of Marana. One of the requirements of the Agreement is that the Town of Marana provide proof of insurance coverages indicated on the attached sheet. This notice is forwarded in advance to allow time for coordination with your risk management office or insurance agent in order to satisfy the State's insurance requirements. Standard ACORD certificates with the additional insured endorsement clearly stated on the certificate should be sent to my attention at the following address by July 3, 1996: Department of Corrections Contracts Administration, M/C 802 1645 West Jefferson Phoenix, Arizona 85007 Please feel free to call me at 542-3245 should you have any questions regarding this matter. Sincerely, ,C' \\:10' {;~ n.. .. ~\\ I __.::>v~~ , ...... '-~..;,\,\\.(\j~-W- Sylvia Ramazetti Contracts Management Specialist Attachment cc: John Kohl, Deputy Warden, Privatization Contracts/Community Corrections Division Contract File Chrono File MINIMUM INSURANCE REQUIREMENTS 1. Workers' Compensation insurance for the Contractor's employees to cover obligations imposed by Federal and State statutes and employers' liability insurance with a minimum of one hundred thousaqqggpars ($100,000). Evidence of qualified self-insured status shall also suffice for thj;$section. ..... ,.. .... .. ..... ,.. .... .. ..... ... .... .. ..... ... In accordance ~~~&~i~~r?!?6?~J~~mPates associated with this Agreement are not considered~mj~ijiii1:::.i9Pe~fome within the provision of Workers' Compensation ptpvided in Title 23, Chapter 6 and are not entitled to any benefits thereunder whetlfr on behalf of the inniate or any other person. 2. Commercial general li'!pHUy insurance with a minimum combined single limit of one million dollars ($1 ,00Qi9dO) eacq9s~urrence. The policy shall include coverage for bodily injury, persona,~: injury, ~t6ad form property damage, blanket contractual, contractor's protective gpd product,~ and compl~ted operations. .... .... .. ..... .... n' .... .... .. ..... .... n' .... .... .. ..... .... n' .... .... .n ..... .... ... .... .... n. .... .... .... .... .... n. ..... .... .... .... .... .... ..... .... ..... 3. Comprehensive automql~J.~J~~gi3YiA~9.tl!g~}Vith a combined single limit for bodily injury and property d~'ageHfH8tless:tha~ one million dollars ($1,000,000) each occurrence with respect to Contractor's vehidb (whether owned, hired, non-owned) assigned to or utilized in the performance of tJPs Agreement. ................. .................. ................... ..................... ...................... 4. The policies identified in 2 an4R~~9Yi:sH.@1 name the State of Arizona and the Department of Correctioll~~~~I'~tlki,iaJ insured and shall specify that the insurance afforded the ContractQr~n~~lbepriii~ry insurance and that any insurance coverage carried by the State, theDep~rHP:llt9f Corrections or its employees shall be excess coverage and not contributory irisu:hi1:W~J() that provided by the Contractor. ~F9RMA:rION PAGE CARRIER CODE 19909 PAGE RENEWAL POLICY NO: DESK 02A SECTION 1 OC1716-4 ST ATE COMPENSATION FUND 3031 N. 2nd STREET PHOENIX, ARIZONA 85012-3009 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY YPE OF OWNERSHIP: GOVERNMENT \WNER NAMES: 020316179 Item 2. Policy Period: FrDm: 7 - 0 1 - 9 5 TO 7 - 0 1 - 9 6 12:01 a.m. ArizDna Time at the address of the insured as stated herein em 1. NAME OF INSURED MARANA. TOWN OF 13251 N LON ADAMS MARANA Item 3. A. Workers Compensation Insurance: Part One of the pDlicy applies to the Workers Compensation Law of Arizona, B. Employers Liability Insurance: Pan Two of the policy applies to work in Arizona The limits of our liability under Part TWD are RD AZ 85653 Bodily Injury by Accident $ 1 0 O. 0 0 0 acci3~t Bodily Injury by Disease 1 0 0 . 0 0 0 emplg~~ Bodily Injury by Disease 500.000 ~~Sl THE CO"PANY RESERYES THE RI.HT TO EXCLUDE COYERA.E UNOER PART 3e 11IIm 4. below. for other workplaces not shown above. TNO ,.OR RE~ECTORS. C. Other States Insurance: Part Three of the policy applies to Arizona Employers per the terms of the Other States CDverage Endorsemen tern 4. Classification of Operations _ Class Code The premium for this policy will be determined by our manual of rules. classifications, rates and rating plans. All informalion required below is sub ject to verificalion and change by audit. PRE"IUH .ASIS RATES IESn"ATED ANNUAL PRIEHIUH Estima1led Total Annual Remuneration Rate per $100 of Payroll 13251 N LON ADAMS RD MARANA AZ 85653 5506 STREET OR ROAD CONSTRUCTION: PAVING OR REPAVING 187.484 15.91 29.829 7520 WATERWORKS OPERATION 20. 381 3.93 801 7720 POLICE OFFICERS 757.760 6.19 46.905 8411 VOLUNTEER POLICE OFFICERS 59.868 1. 17 700 8810 CLERICAL OFFICE EMPLOYEES NOC 339.807 .50 1.699 - 9063 RECREATIONAL CENTERS AND ACTIVITIES - TEACHERS - INSTRUCTORS - DIRECTOR OR EXECUTIVE SECRETARY AND CLERICAL OFFICE EMPLOYEES 9. 737 2.44 238 CONTINUED ON FOLLOWING PAGE indicated, interim adJUsunents f premium shall be made: I~inimum (remium I Required Deposi t Premium I Total Eslimated Annual Premium nd~ement En40r....n~ D..crlp~lon on R.v.r.. SI~. ,umbers: 1005 1032 1060 1061 1 065 1075 , 080 M"~'" R"~~ ''''';- M"'''~_ ,,,... """..._ PRESIDENT AU '-310 Rav. 7193 Includes copyright material Df lhe National Council on Comoanntioc In~rance ~ 1987 lIIattQlllll Cc:l!ln!,1I OnCQ!1\D 19 95 WC 00 r' - - PO ;Y ENDORSEMENTS (IF APPLICABLE) ANNIVERSARY RATING DATE ENDORSEMENT WC 00 04 02 (1005) The premium and rates for this policy, and the experience rating modification factor, if any, may change on your anniversary rating date shown on the Information Page. PREMIUM DISCOUNT ENDORSEMENT WC 00 04 06 (1032) FIRST $5,000 0% The premium for this policy may be eligible for a discount. The final calculation of premium discount will be determined by our manuals and your premium basis as determined by audit. Premium subject to retrospective rating is not subject to premium discount. Premium Eligible for Discount NEXT $ 400,000 12.6% NEXT $95,000 10.9% BALANCE 14.4% NOTIFICATION OF CHANGE IN OWNERSHIP WC 00 04 14 (1060) ENDORSEMENT Experience rating is mandatory for all eligible insureds. The experience rating modification factor, if any, applicable to this policy, may change if there is a change in your ownership or in that of one or more of the entities eligible to be combined with you for experience rating purposes. Change in owner- ship includes sales, purchases, other transfers, mergers, consolidations, dissolutions, formations of a new entity and other changes provided for in the applicable experience rating plan manual. You must report any change in ownership to us in writing within 90 days of such change. Failure to report such changes within this period may result in revision of the experience rating modification factor used to determine your premium. SAFETY INCENTIVE PLAN FACTOR ENDORSEMENT WC 99 04 61 (1 061 ) The premium for the policy is adjusted by a Safety Incentive Plan factor based on manual premium and incurred loss data. This factor is subject to change if and when additional data is available. Such changes will be made by endorsement. EXPERIENCE RATING MODIFICATION FACTOR WC 99 04 61 (1065) ENDORSEMENT The policy premium developed at manual rates may be adjusted by application of an experience modi- fication factor. The factor is subject to change if and when additional data is available. Such changes will be made by policy endorsement. OTHER STATES COVERAGE ENDORSEMENT WC 99 03 53 (1075) It is agreed that, with respect to injuries sustained by Arizona employees temporarily working outside of Arizona and which arise out of and in the course of employment, the Company will indemnify the insured for such workers compensation benefits as the insured is obligated to pay under the Workers Compensation Laws of such other state. ARIZONA CANCELLATION ENDORSEMENT WC 02 06 01 (1080) This endorsement applies only to the Insurance provided by the policy because Arizona is shown in Item 3.A of the Information Page. The Cancellation Condition of the policy is replaced by this Condition: D. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy if you fail to pay premium when due. We must mail or deliver to you and the Industrial Commission of Arizona not less than 30 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. 3. The policy period will end on the day and hour stated in the cancellation notice. 1 Ob Rell. 7/93 Includes copY'lght me18flal of 1he Natiooal Council 00 Compensation Insurance C t 987 Natiooal Council 00 Compensation Insur..ce. ~F9RMA:rION PAGE CARRIER CODE t 9900 PAGE 2 RENEWAL POLICY NO: DESK 02A SECTION 1 OC1716-4 STATE COMPENSATION FUND 3031 N. 2nd STREET PHOENIX, ARIZONA 85012-3009 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY VPE OF OWNERSHIP: GOVERNMENT IWNER NAMES: 020316179 Item 2. Policy Period: From: 7 - 0 1 - 9 5 TO 7 - 0 1 - 9 6 12: 01 a. m. Arizona Time at the address of the insured as stated herein em 1. NAME OF INSURED MARANA. TOWN OF 13251 N LON ADAMS MARANA Item 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation law of Arizona. B. Employers liability Insurance: Part Two of the policy applies to work in Arizona The limits of our liability under Part Two are: RD AZ 85653 Bodily Injury by Accident $ 1 0 0 . 0 0 0 acci3:~~ Bodily Injury by Disease $ 1 0 0 , 0 0 0 emPI~~~ Bodily Injury by Disease $ 500.000 ~~fl THE CO"~ANV RESERVES THE RI8HT TO EXCLUDE CDVERA.E UNDER ~ART .e Item 4, below, for other WOIkplaces not shown above. TYD '"OR REIECTDRS. C. Other States Insurance: Part Three of the policy applies to Arizona Employers per the terms of the Other States Coverage Endorsement .em 4. Classification of Operations Class Code The premium for this policy will be determined by our manual of rules. classifications. rates and rating plans. All information required below is subject to verification and change by audit. ~RE"IU" .A.IS RATES ESTI"ATED Estimated Total ANNUAL "-_ per $100 Annual Remuneration of Payroll ~RIE"IU" 52.906 8.79 4.650 108,264 2.59 2, 804 9102 PARKS N.O.C. ALL EMPLOYEES 9410 MUNICIPAL. TOWNSHIP, COUNTY OR STATE EMPLOYEE NOC ~ THIS IS NOT A BILLING ~ MANUAL PREMIUM 87.626 STANDARD PREMIUM SAFETY INCENTIVE PLAN FACT DISCOUNTED PREMIUM (SEE EN SEMENT 1065) R .750 RSEMENT 1032) 71. 853 53.889 48.561 indicated. interim adjustments premium shall be made: QUA R T E R L Y ,dorsement Eft4o~....ft~ o..c~lp~loft Oft R.u.~.. 814. 458 48.621 Jmbers: 1 005 1 032 1060 106' 1065 1 075 1 080 "'~"R"~~ E_~~M"'~'ooF~"", .~:;RES PRESIDENT AU ~___I.~~~~.:...?!ll~~M~n.c!,,-d~s_CCl!'..,..~llI>tmateflal of lhe Natlonal Council on Compensation Insurance @ 1987 National Council on Como 19 95 WCMI' - - PO ;Y ENDORSEMENTS (IF APPLICABLE) ANNIVERSARY RATING DATE ENDORSEMENT WC 00 04 02 (1005) The premium and rates for this policy, and the experience rating modification factor, if any, may change on your anniversary rating date shown on the Information Page. PREMIUM DISCOUNT ENDORSEMENT WC 00 04 06 (1032) The premium for this policy may be eligible for a discount. The final calculation of premium discount will be determined by our manuals and your premium basis as determined by audit. Premium subject to retrospective rating is not subject to premium discount. Premium Eligible for Discount NEXT $400,000 12.6% FIRST $5,000 0% NEXT $95,000 10.9% BALANCE 14.4% NOTIFICATION OF CHANGE IN OWNERSHIP WC 00 04 14 (1060) ENDORSEMENT Experience rating is mandatory for all eligible insureds. The experience rating modification factor, if any, applicable to this policy, may change if there is a change in your ownership or in that of one or more of the entities eligible to be combined with you for experience rating purposes. Change in owner- ship includes sales, purchases, other transfers, mergers, consolidations, dissolutions, formations of a new entity and other changes provided for in the applicable experience rating plan manual. You must report any change in ownership to us in writing within 90 days of such change. Failure to report such changes within this period may result in revision of the experience rating modification factor used to determine your premium. SAFETY INCENTIVE PLAN FACTOR ENDORSEMENT WC 99 04 61 (1061) The premium for the policy is adjusted by a Safety Incentive Plan factor based on manual premium and incurred loss data. This factor is subject to change if and when additional data is available. Such changes will be made by endorsement. EXPERIENCE RATING MODIFICATION FACTOR WC 99 04 61 (1065) ENDORSEMENT The policy premium developed at manual rates may be adjusted by application of an experience modi- fication factor. The factor is subject to change if and when additional data is available. Such changes will be made by policy endorsement. OTHER STATES COVERAGE ENDORSEMENT WC 99 03 53 (1075) It is agreed that, with respect to injuries sustained by Arizona employees temporarily working outside of Arizona and which arise out of and in the course of employment, the Company will indemnify the insured for such workers compensation benefits as the insured is obligated to pay under the Workers Compensation Laws of such other state. ARIZONA CANCELLATION ENDORSEMENT WC 02 06 01 (1080) This endorsement applies only to the Insurance provided by the policy because Arizona is shown in Item 3.A of the Information Page. The Cancellation Condition of the policy is replaced by this Condition: D. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy if you fail to pay premium when due. We must mail or deliver to you and the Industrial Commission of Arizona not less than 30 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. 3. The policy period will end on the day and hour stated in the cancellation notice. C \ '") (< lOb Rev. 7193 Includes copYllght mateflal of the National Council on Compensation Insurance C 1987 National Council on Compensation In5Urance.