HomeMy WebLinkAboutResolution 2015-024 Approving Inmate Work ContractMARANA RESOLUTION NO, 2015 -024
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE FINANCE
DIRECTOR TO ExECUrI`E AN INMATE WORK CONTRACT BETW E EN' THE TOWN OF
MARANA, THE ARIZONA DEPARTME1'NT OF CORRECTIONS AND THE
MANAGEMENT & TRAINING CORPORATION FOR INMATE LABOR SERVICES
WHEREAS the Town of Marana has maintained an agreement with the Arizona
Department of Corrections and the Management & Training Corporation for a number of years to
obtain use of inmate labor crews from the Marana Community Correctional Treatment Facility;
and
WHEREAS the most recent agreement between the parties expires on Marcie 31, 2015,
and the parties wish to continue to maintain an agreement to provide inmate labor services to the
Town; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests
of its citizens to approve the Inmate Work Contract.
NOW, THEREFORE, BE IT RESOLVED BY rFI IE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The Inmate work Contract between the Town of Marana, the Arizona
Department of Corrections and the Management & Training Corporation for inmate labor
services, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby
approved and the Finance Director is hereby authorized and directed to execute it for and on
behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff' are hereby directed and authorized to
undertake all other and further tasks required or beneficial to implement and carry out the terns,
obligations, and objectives of the contract.
Maana Resolution Na, 2015024 - 1 -
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 17th da of March, 2015.
v
Ma Ed Honea
ATTEST:
cel y ry"u.. Bronson, Town Clerk
) WN
M ARAA 7
Marana Resolution No. 2015024 2
- - - - - - --------- -------------------------- ... ...
ADC Contract No: 15-,105*20
STATE OF ARIZONA
DEPARTMENT OF CORRECTIONS
1645 West Jefferson Street, Mail Code 55302 )
Phoenix, Arizona 85007-3002
INMATE WORK CONTRACT
This Contract is entered into between the Town of Marana, hereinafter referred to as the
Contractor and the Director of the Arizona Department of Corrections, hereinafter known as the
Department, and Mana & Trainin Corporation (MTQ for and on behalf of its Arizona State
Prison-Marana Communit Correctional Treatment Facilit hereinafter referred to as ASP—Marana as
applicable.
This document, includin the Scope of Services, Special Terms and Conditions, Standard Work
Provisions, an addendurns, attachments or modifications, shall constitute the entire Contract between the
parties and supersedes all other understandin oral or written.
IN WITNESS WHEREOF, the = ies hereto a to carr out the terms of this Contract.
TOWN OF MARANA
ARIZONA DEPARTMENT OF CORRECTIONS
FEDERAL I.D. #86-6006756
--------------
Si of A o ed Individual *ate r Si g nature of Authorized Individual Date
Erik Mont --Michael P. Kearns
T Name T Name
Finance Director Division Director, Administrative Services
T Title T Title
1 W. Civic Center Drive 1645 West Jefferson Street, Mail Code 328
Marana, Arizona 85653 Phoenix, Arizona 85007-3002
Address Address
Additional Si as Applicable
Si of Authorized Individual Date Si of Authorized Individual Date
. .......... .........
T Name T Name
T Title T Title
Prepared b Stephen Castillo, Senior Procurement Specialist
Date: Februar 4, 2015
SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-105-20
f r
WHEREAS, the Department is dul authorized b A.R.S. § 41-1604, et se § 31-252W, § and § 31.255, to
execute and administer contracts and,
and
WHEREAS, the Contractor is authorized b A.R.S. § 9-240, et se to enter into a for services,
WHEREAS, in accordance with A.. ..S. §41-1609 and A. .S, §41-1609.01, as amended, the Department
has a current Contract with Mana & Trainin Corporation (MT`C` , a private prison business or to
operate and mana Marana Communit Correctional Treatment Facilit (MCCTF) also known as ASP-Marana, a,
secure private prison to provide housin and treatment to inmates committed to the Department who demonstrate a
need for substance or alcohol abuse intervention, and
WHEREAS, the Department desires to 'Implement the re that each able-bodied inmate under
commitment to the Department shall en ire work activit durin such term of imprisonment, and
''WIERE4 AS, the Director of the Department has the authorit to maintain and administer facilities and
pro as ma be re for the custod control and rehabilitation of all inmates corrm'tted to the Department,
and,,
I
VMEREAS, the Director of the Department ma authorize inmate work crews to perform acceptable tasks
in an part of the State, and-,
WHEREAS, the Contractor has a need for a work force to support its public works pr ect., and:
It i
WHEREAS, the Department is able to provide an nmate work force to support this work pro from its
Arizona State Prison - Marana, as shown herein.
NOW, THEREFORE, the Department, the Contmetor, and Management & Trainin Corporation ( MT Q I
10
ASP-Marana do hereb a as follows.
DEFINITIONS.* For the purposes of this A g reement, the followin definitions shall appl
1.1 ASP-MARANA WARDEN: The individual emplo b Arizona State Prison — Marana and
char with the overall responsibilit to mana and operate ASP-Marana.
41
I . 02 ASP-Marana PROCEDURFS: Procedures based on Department written instructions that have
been approved b the Department relative to the operation, mana and maintenance of ASP-
Marana location.
1.3 DEPARTMENT MONITOR: Department emplo assi to ASP-Marana location who
serves as the liaison between the Department and ASP-Marana location re matters that arise
as a result of the dail monitorin of the services provided b this A
1.4 DEPARTMENT WR-[T INS"I'RUCTIONS: Department re and mana
directives issued b executive staff of the Depailment which g overn the administration and
operation of the Department and ASP-Marana consistent with State statutes, rules and sound
correctional practices.
SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-105* 20
2 THE CONTRACTOR. AGREES:
7 .1
To provide necessary tools/equipment, drinking water, sanitary faci lities and any specia clothing
required to accomplish work assigm - nents.,
1.7 To appoint: a work crew leader who may provide both technical and job supervision as necessary.
Appointed supervisors shall abide by and put into operational practice the Standard 'Fork provision
for Inmate Work Programs utilizing Contractor Supervision included as Attachment # l of this
contract.
2,2.1 Technical supervision means the Contractor shall provide staff who know the types of
work tasks to be accomplished and correct way to complete each task. Technical
supervisors teach assigned inmates how to com plete their job a.ssigmnents.
2.2.2 Job supervision means that Contractor personnel shall regularly account for the in sates
within guidelines specified by the Dcpartrnent and report results to the
M CTF epartment liaison.. If an inmate fails to remain at the work site, if an lnrnate
becomes ill at the work site and needs to be returned to the prison and if an inmate poses
security concerns, the liaison shall be contacted immediately.
2.2.3 Information requested by MC TF /Departrment relative to the identity of assumed
supervisors shall be provided.
2.2.4 Assigned inmates shall wear their identification cards at all times.
2.2.5 Assigned inmates shall gear distinctive clothing as approved by the Department.
Contractors and the employees who participate in this Contract shall be screened and approved in
writing prior to permitting them access to an institution and /or prior to allowing them to supervise
intimates on or off institution grounds. Contractors shall su.bnruit in writing, upon request from the
Department, any information necessary to screen and approve therm for access to the institution.
This information shall include, but not nccessarily be limited to. Marne, Date of Birth, and Social
Security Number. Contractor personnel who require recurring access to the institution, and as such
require a Contractor's Identification Card, will be required to complete and submit the prescribed
Background Questionnaire form to the Depar -ment. Background Questionnaire form will be
provided by the Department,
VM A To obtain the Department's written approval for the 'ontractor "s technical supervisor prior to
initiation of this contract.
4a.4.1 Subsequent to Contract initiation, should the Contractor's technical supervisors) change,
the Department Monitor and M CTF shall be notified at least two (2) work days prior to
the impending change to permit completion of the Department "s approval process.
OWA.82 If prior notice is trot possible, the Department Monit€�r may the MCA: FF War to
itl�old the irate work carer from further service until the necessary approval process is
completed.
2.5 To assign work dayAours and work locations subject to the concurrence of the Department
Monitor and MCCTF. Work sites shall b e confined to locations which are within the Contractor's
authority to manage, maintain and finance
SPECIAL TERMS AND CONDITIONS ADC Contract No. 154 05 0
2.6 To provide transportation of inmate workers to and from the work site in Contractor owned
vehicles
2.6.1 Inmate workers shall n ot be transported in privately owned vehicles at any time.
23 To provide, if applicable, pesticide protection and Hazardous Material Training (T-LAZMA.T) for
inmates prior to initinting the work activities described in this Contract,,
2.7.1 The Contractor shall comply with the Site Safety and Health Dian included as Attachment
KAZ of this contract.
2.7.2 Inmates shall not be allowed to be present while hazardous materials, inclusive of
pesticides, are being used or applied. Pursuant to the Arizona Office of Pest Management,
no inmate shall be allowed to handle or to apply pesticides. However, all hazardous
materials (inclusive of pesticides), if stored and/or used on this site, and while ADC staff
anchor inmates are present, require they be trained to recognize such hazardous materials
and relative adverse medical signs and symptoms associated with the chemical, in
accordance with the federal chemical "bight -to -Know Acct "' (SARA Title lll).
2,8 To obtain Department and MCCTF approval at least two (2) wor kdays prior to initiating any
changes in the following; areas:
2.8.1
'work tasks
2.8,2
Equipment/tools used
2.8.3
Chemica used
x`.8.4
wor site($)
2.8.4.1 work site(s) may require a Contract Amendment
?. To pr€�vide a working environment which meets tie requirements of the Occupational Safety and
Health Act (OSUTA), Safety and Health Standards for General and or Construction Industry, 2
CT`s. past 1910 and 1926, as adopted by the State of Arizona,
2.10 To provide emergency first aid for minor injuries or to contact the nearest medical provider to
assist if more extensive first aid services are needed.
2.11 The Contractor shall follow all Department Orders (DO "s), and Director's Instructions (Dl's), Le
drug -free workplace, grooming code, etc. The policies, procedures, DO's, and DFs are available on
the following web site WWW.azeorrec 0y.
2.1 To designate a staff` member who shall serve as liaison between the Contractor, Department
Monitor and the MCTF in dcvcloping and coordinating work schedules, hours and transportation.
The Contractor shall ensure that the MCCTF and Department Monitor are given the name and
phone number /extension of the contact person,,
?.13 To notify the Department Monitor and the M CTF 14 hours p'or to necessity should workload
require inmates to stay beyond their normal work hours. Said notice shall be provided by
contacting the Department *sIMC TF contact person.
x.14 T+o allocate sufficient time from job responsibilities to allow Contractor's staff` assigned to this
work program to attend mandatary training; given by the Department or MCCTF prior to initiating
the work activities described in this Contract. Subsequent to Contract execution, replacement staff
assigned to this program must receive Department training prior to assuming work responsibilities.
SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-105-20
2.15 To maintain the work site in the manner/condition in which it was approved b the Department
Monitor and MCCTF as compl with the re imposed b the custod level of
assi inmates and assi work responsibilities. If, durin the term of this Contract,
't concerns become evident, wishes to chan or alter the work ident, or the Contractor wi
Secun S I I
s 'te V
t ( s ) , the followin procedures shall be followed-
n I
15.1 Securit /safet ft y /safet y concerns shall be rectified immediatel b the Contractor in accordance
with direction received from the Department Monitor and MCCTF.
I I
1 5.12W The Contractor shall provide a two ( 2) da written notice to the Department Monitor and
MCCTF, if chan or alterations are planned for the work site(s prior to an chan or
alteration bein accomplished,
...15.3 Representatives from the Depailment Monitor and MCCTF and the Contractor shall
conduct an inspection of the work site If the proposed chan or alteration Shall
ne 'Impact the securit and/or safet of assi inniate workers, corrective action
shall be determined b the Department.
2.15.4 If in the opinion of the Department Monitor and MCCTF, said securit /safet concern
poses an immediate threat to the 'Inmate workers, the Department ma withhold further
assi of the inmate work crew until the concern is rectified.
2.16 Failure on the part of the Contractor to respond to the re for corrective action from the
Department Monitor and MCCTF under circumstances descHbed in Parat & rraphs 2.15.3 and 2.15.4
above shall result in the immediate suspension of the work pro
I I I
~. 16.1 The parties to this Contract ma meet to discuss resolution.
2.16.2 If resolution cannot be achieved, the Department Monitor shall have the option to either
disapprove the assi of inmates to the involved work site, or terminate this Contract.
I I
AW, 163 This Contract shall make final pa to MCCTF as directed herein.
17 To pa for irun►te labor at the rate of fift cents ( 50 0) per hour, to 'Include approved extra hours, if
applicable as authorized b the Department.
I prevailin I
8 If applicable, to pa at the preva'fin hourl rate for Correctional Officer ( CO ) supervision of
inmate work- crews under this Contract, includin overtime approved b Contractor, and all
emplo related expenses. Should additional crews be needed, Contractor will hire additional
staff to supervise 'Inmate work crews. The Contractor in a with the Department must
authorize the expense of additional Departmental staff before the expense is incurred.
I I I I
19 If applicable, *n addition to pa for inmate labor and CO overtime, the Contractor shall pa
the Department for tmnsportation costs at the State prevailin rate per mile, as determined b the
Arizona Department of Administration, General Accountin Office, for distance traveled b each
Department transportation vehicle to and from the work site(s). Such pa shall be rendered b
separate check or warrant at the same time and place as pa for 'Inmate wa
, ) , )o "ro compl with the followin procedures in recordin mate work hours and renderin all
~.a.* I
pa due under this Contract:
SPECIAL TERMS AND CONDITIONS DC Contract 15-105.
2.20.1 MCCTF shall provide the Contractor with a Daily Inmate Raster, as shown by
Attachment 45. The Contractor shad complete the Daily Inmate Roster and include the
signatures} of the inmates and the C ontractor's staff supervisor. The original roster° sha
be .returned to M on a daily basis.
AW.20.2 Each month the Contractor shalt complete a Monthly P Detail, as shown by
Attachment #6. The Contractor may computerize this Attachment, but shall ensure that all
required information is provided.
2.20.3 The original Monthly Payment Detail and payment shall be rendered within ten (10)
workdays after receipt of the MCCTF invoice. The cheek or warrant shall be made payable
to Arizona Ike artment of Corrections and sent to the following address:
Community Correctional Treatment Facility
Attention: Business Manager
P. o .Box 940
Marana, A izoana 85653
?. 1 To maintain records and other evidence sufficient to reflect properly all payments related to this
work program. Such records shall be made available for inspection and audit upon request by the
Department.
2. To insure that law enforcement/traffic control is present if the job activity requires that an inmate
step on the active portion (black -top) of 1 -10.
2.23 To have and maintain all required Arizona. Department of Transportation permits and to comply
with the Traffic Control requirements outlined in the permits.
2.20 4 In the event of an inmate escape, the Contractor shall immediately contact MCCTF and the police
department.
2.2 5 That inmates assigned to this work program shall not drive any licensed, over -the goad vehicle as
part of their jab responsibilities. However, assigned inmates may be permitted to operate the
Contractor's off -road mobile equipment, in accordance with the following guidelines.
15 . The C ontractor shall provide written notice to the Department advising of the need to have
inmates operate mobile equipment. The notice shall describe the type(s) of off -road mobile
equipment to be operated in accordance with Attachment #3.
125.2 No inmate shall operate any mobile equipment until the Contractor receives written
authorization from the Department in accordance with Attachment #3.
*W.253 if the Contractor reeeiv�es written authorization from the Department, the Contractor shall
document training provided to inmates specific to each type of off-road mobile equipment
to be operated.
. Acquire and maintain applicable insurance in compliarcce with State requirements.
2.?5.5 Designated off` -road mobile equipment may be:
?. Riding lawnmowers and golf carts or similar type equipment.
SPECIAL TERMS AND CONDITIONS ADC Contract No,, 15405 - 0
3 MANAGEMENT & TRAINING CORPORATION/MCCTF AGREES:
3.1 To provide a mutually agreed number of inmates, subject to the approval and authorization of the
Department and availability of said work force, to support. the Contractor's public works projects.
3.1.1 That work assignments shall be performed at the Contractor's business locations) as
shown on Attachment No. 4.
3-12 himates shall be screened and approved by the Department Monitor and MCCTF for
assignment to the ontractoi's work projects, in accordance with Department written
instructions.
3.1.3 MCCTF shall remove and replace as soon as possible any inmate who does not perform to
the satisfaction of the Contractor.
3.1.4 Assigned inmates shall wear their identification cards at all times at the work situ
3.1.5 Assumed initiates shall wear distinctive clothing as approved by the Department.
3.2 To provide security supervision of inmates in accordance with Department policy and MCCTF
procedures.
3.3 To provide flee Contractor with a Daily Inmate Roster listing inmates assigned to the work crew
each workday, as shown by Attachment #5. Each day's roster shall be maintained by MCCTF for
monthly invo icing purposes. MCCTF may computerize this Attachment, but shall ensure that all
required information is provided.
3.4 To be responsible for feeding the inmates and furnishing all clothing, except special protective
Clothing.
3.5 To ensure provision of medical services for inmate injuries or illness at the wor°ksite(s ).
3.5.1 Emergency medical services required due to an injury or illness that occurs at a Contractor
work -site may be provided for or arranged by the Contractor in order to protect the life or
limb of an inmate(s). The Contractor shall notify the MCCTF Warden, or designee, as soon
as is practical after handling the emergency medical needs of the imnate(s). The MCCTF
'harden shall provide immediate verbal notification to the Department Monitor.
3.6 To designate a contact person who shall function as a liaison between MCCTF, the Contractor and
Department Monitor in developing and coordinating work schedules, hours and transportation.
MCCTF shall ensure that the Contractor and the Department Monitor are given the name and
phone number/extension of the contact person.
3.7 'ro keep the Department Monitor informed as to the daily operation of this work progrann.
3.8 That prior to the initiation or this work program, the proposed work site shall be 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, dun"ng the
term of this Contract, security or safety concerns should become evident, or the Contractor wishes
to change or alter the work site, the procedure described in Paragraph 2.15 of this Contract sbal l be
followed.
SPECIAL TERMS MS N D CONDITIONS D TIONS ADC Contract o. 15-105-2 .. ....
. All verbal. conununications between the Department Monitor, MCCTF and the Contractor
regarding security. safety issues, or work site alterations shall be documented in writing for
file.
3.8.? All written correspondence related to incidents 'Involving security or safety issues shall be
reported in accordance with Department written instructions'.
3.9 That if circumstances arse during the term of this Contrract which prohibit the assigmMent of
imnates for work assignments (such circumstances could include acts of nature, institution riots,
iockdons, innate work strikes, etc.) the following guidelines shall govern:
3.9.1 MCCTF shall provide immediate verbal notice to the Contractor and the Department
Monitor if circumstances at MCCTF will impact work activities.
3,9,E MCCTF shall ensure written documentation is maintained to explain a work prolpm
suspcnsion due to circumstances described herein. Copies of all related documentation shall
be provided to the Department Monitor;
3.9.E MCCTF shall provide wn"tten notice to the Contractor with a copy to the Department
Monitor indicating when the work program can resume.
3.9.4 The Contractor shall not hold the Department or MCCTF liable for failure to perform, or in
default of Contract terms Niue to circumstances described above.
3.10 if applicable, invoices for CO overtime shall identify at a minimum the following:
3.10.1 CO name(s)
3.10.2 CO overtire hours
3.1 0.3 Total amount invoiced
3.11 if applicable, to invoice the Contractor by the fifth day of each month for services provided the
previous month. The Monthly Payment Detail (Attachment #6 ) shall function as the monthly
invoice and shall be completed by MCCTF based on information contained in the Daily Inmate
Roster(s) (Attachment 5) for the previous month. Invoices shall be sent to the Contractor at the
following address.
Director of Operations
Town of Marana
13 North Lon Adams Blvd.
Marana, Arizona 85653
3.1 To keep the Department Monitor and Contractor informed of any changes in procedures affecting
this Contract.
3,13 To ensure compliance with all insurance and indemnification requirements described in its current
Contract with the Department for the operation and management of MCCTF.
3.13.1 Without limiting any liabilities or any other obligations of MCCTF, it shall be MCCTF's
responsibility to provide liability insurance coverage for the Scope of Work described in
paragraph 3. 1.1 above. Unless otherwise stated herein, the policies shall name the State of
Arizona, the Department of Corrections and the Town of Marana as additional insured. The
policies shall specify that the insurance afforded MCCTF shall be primary insurance and
SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-105-20
..................
that an 'insurance covera carried b the State, the Department, its emplo or the
Town of Marana shall be excess covera except as provided b State law, and not
contributor insurance to that provided b the State/Department.
4 THE DEPARTMENT AGREES:
4.1 To assi a Department Monitor to MCCTF who shall serve as a liaison between the Contractor,
Department, and MCCTF. The Department Monitor shall provide the Contractor with the
telephone number and extension at MCCTF where the Monitor can be reached.
4.2 That the Department Monitor shall provide oversi direction, and coordination of this Contract
as indicated below.,,
4.2.1 Approve and authorize inmates to be assi to the work project.
4.2.2 Inspect each work site with an MCCTF representative prior to initiation of work activities
relative to securit and safet concenis to ensure the work environment satisfies all
re imposed b the custod level of assi iranate workers and assi work
responsibilities.
4.2.3 Provide trainin to Contractor's staff who will be 'Involved in supervision or interactin
with inmate workers. This trarun shall be g iven prior to initiatin the work activities
descn*bed in this Contract.
4..* 2. 4 Refresher up-dates/courses shall be made available to the Contractor's staff on an as needed
basis, but no more fre than q uarterl y .
4,2. ,5 Inform the Contractor of Department written instructions and MCCTF procedures and
activities that have bearin upon the Contractor fulfillin assi obli under this
Contract.
4.2.6 Approve, with the concurrence of the MCCTF Warden, rc from the Contractor for
inmates to work extra hours.
4.2.x' Coordinate administrative/le issues or information relative to this Contract to ensure that
the parties to this Contract and appropriate Department representatives are informed,,
4.2".7.1 Issues/information
tion ma nclude,-, problems disputes; notices,, work pro
suspensions; and termination.
4. &.)*. 7.2A Written documentation shall be maintained explainin actions taken and
resolutions achieved.
4.3 To approve in writin the Contractor's operational supervisor(s) assi to this work pro '111
accordance with Department written instructions, prior to initiation of this Contract.
SPECIAL TERMS AND CONDITIONS ADC Contract No,, 15-10540
5 SPECIAL TERMS AND CONDITION
5.1 Tenn of Contract This Contract shall begin when all signatures are affixed and executed by the
Department and shall continue for a period of fire_ 5 - years thereafter, unless terminated, canceled
or extended as otherwise provided herein.
5� 1.1 This Contrast is expected to commence with the expiration of the current Contract, in
effect through March 31, 2015.
5.2 The terms of th s Contract are intended to define the respective rights and obligations of the
Department, 1 'TF and the Contractor. Nothing expressed herein shall create any rights or duties
W
n favor of the inmates or any other party of any kind or nature.
53 This Contract may be terminated, without cause, by either party by provision of prior written not
to the other. Such Notice of Termination s hall be elf` ective thirty (30) calendar days after nailing
by certified mail, return receipt requested, to the other party.
5.4 Circumstances may arise during the term of this Contract which may prohibit the assignment of
inmates for work assignments. Such circumstances could include acts of nature, institution riots,
lockdowns, irumate work strikes, etc. The following; guidelines shall govern., if such circumstances
should occur:
5.4. I The Department shall provide verbal notice within .24 hours or as soon as possible to the
Contractor if circumstances will impact work activities,
5.4.2w The . Contractor• slrall not hold the department liable for failure to perform, or its default of
Contract terms due to circumstances described above.
5.5 Upon termination of this Contract as permitted herein, all remaining monetary obligations up
to the termination date shall be satisfied as follows;
5.5.1 All outstanding; payments for services provided by the terms of this Contract shall be
forwarded to MCCT ~ by the Contractor in the foniiat and to the location specified herein.
Said payment shall be made by the Contractor within two (2) weeks after termination of the
Contract.
5.5.? Payments made by the Contractor to the Department shall be m' agreement with MCC'TF #s
records. Should a discrepancy m amount of payment occur and remain unresolved after
accomplishing the procedure identified herein, the Department may request an audit of the
Contractor's financial records. The Contract shall remain in effect until the discrepancy is
resolved; however, services to the Contractor shall end in. accordance with the Notice o f
`rer *nation.
5.6 if a discrepancy in payment or payment records is identified by an party to this Contract, 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 an agreement, the Department shall mediate to resolve the discrepancy.
5.7 Inmates working under this Contract are not employees of the Contractor and any compensation is
provided solely pursuant to A.R.S. § 31 -?54.
5,8 Non-Availability of Funds In accordance with AK S. § 35.154, every payment obligation of the
SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-105* 20
...................... I ................. ....................... ... .... -- - - ------------------------- ----------- ------ --- -- - ----- -------------------- I----
State under the Contract is conditioned upon the availabilit of funds appropriated or allocated for
pa of such obli If funds are not allocated and available for the continuance of this
Contract, this Contract ma be terminated b the State at the end of the period for which funds are
available. No liabilit shall accrue to the State in the event this provision is exercised, and the State
shall not be obli or liable for an future pa or for an dama as a result of
termination under this para
5.9 Cancellation for Conflict of Interest In accordance with A.R.S. § 38-511, State ma within three
y ears after execution cancel the Contract, without penalt or further obli if an person
si involved in initiatin ne securin draftin or creatin the Contract on behalf
of the State, at an time while the Contract is in effect, becomes an emplo or a or an other
part to the Contract in an capacit or a consultant to an other part of the Contract with respect
to the matter of the Contract.
5.10 The Department reserves the fi g ht to terminate the contract for default in whole or in part due to
the failure of the Contractor to compl with an term or condition of the Contract, to ac and
maintain all re insurance policies, bonds, licenses and permits. The Department shall
pr ovide written notice of the termination and the reasons for it to the Contractor.
rovi nofi I
5.11 Chan to the Contract shall be handled b formal amendment throu Procurement Services
5.12 Arbitration In accordance with ARS, § 1'2-1518, the parties a to resolve all disputes arisin
out of or relatin to this Contract fluou arbitration, after exhaustin applicable administrative
review except as ma be re b other applicable statutes.
5.12.1 Records which relate to disputes* litigations or the settlement of claims arisin out of the
performance of this Contract, or to cost and expenses of this Contract as to wlu*ch
exception has been taken b either part or their desi shall be retained b the parties
until such appeals, liti g ations, claims or exceptions have been finall resolved.
5.13 Applicable Law In accordance with A.R.S. § 41-250 1, et se and AA C R' .2-7-10 1, et se Contract
shall be g overned and 'Interpreted b the laws of the State of Arizona and the Arizona Procurement
Code.
5.14 Non- Discrimination In accordance with A.R.S. § 41-1461, Contractor shall provide e
emplo opportunities for all persons, re of race, color, creed, reli scx, a
national ori disabilit or political affiliation. Contractor shall compl with the Americans With
Disabilities Act,
5.15 Each part to this contract shall be responsible for an and all costs, *Includin but not limited to,
attorne fees, court costs and other liti expenses incurred as a result of the errors and
omissions of its officers, emplo a or assi arisin out of the perfonnance of this
contract. d
5,16 Audit of Records In accordance with A.R.S. § 35-214, the Contractor shall retain and shall
contractuall re each subcontractor to retain all data, books and other records ( "'records")
relatin to this Contract for a period of five y ears after completion of the Contract. All records shall
be subject to inspection and audit b the State at reasonable times. Upon re the Contractor
shall produce the ori of an or all such records.
5.17 An and all notices, re or demands g iven or made upon the parties hereto, pursuant to or in
connection with this Contract, unless otherwise noted, shall be delivered in person or sent b
United States Mail, posta prepaid, to the P arties at their respective addresses as shown on the
SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-105-P20
..... .... . . ...... .
si pa of this document.
5.18 Third Part ----- Antitrust Violations The Contractor assi to the State an claims for char
resultin from antitrust violations to the extent that such violations cotleem Materials or services
supplied b third parties to the Contractor.
5.19 Notice Wa An person who takes into or out of or attempts to take into or out of correctional
facilit or the g rounds belon to or adjacent to a correctional facilit an item not specificall
authorized b the correctional facilit shall be prosecuted under the provisions of the An*zona
Revised Statues. All persons, includin emplo and visitors, enterin upon these confines are
subject to routine searches of their persons, vehicles, propert of packa
Definition: A.R.& § 13-2501:
A.R.S. § 13-2505:
ADC Department Order 708
I rt
5.? 0 Q nl g wfui Sexual Conduct
5.20,1 A person - who is emplo b the State Department of Corrections or the Department of
Juvenile Corrections', is emplo b a private pn'son facilit or a cit or count j ail,
Contracts to provide services with the State Department of Corrections, the Department of
Juvenile Corrections, a private prison facilit or a cit or count jail-, is an official visitor,
volunteer or a representative of the State Department of Corrections, the Department
of Juvenile Corrections, a private prison facilit or a cit or count j ail - commits unlawful
sexual conduct b intentionall or knowin en in an act of a sexual nature with
an offender who is in the custod of the State Department of Corrections, the Department
of Juvenile Corrections, a private prison facilit or a cit or count J ail or with an offender
who is under the supervision of either Department or a cit ote count
5.20.2). This section does not appl to a person who is emplo b the State Department of
Corrections,. a P rivate prison facilit or a cit or count J ail or who Contracts to provide
services with the State Department of Corrections, a private prison facilit or a Cit or
count Jail or an offender who is on release status if the person was lawfull married to the
prisoner or offender on release status before the pn'soner or offender was sentenced to the
IV
State Department of Corrections or was incarcemted in a cit or count jail.
5.20.3 Unlawful sexual conduct with an offender who is under fifteen y ears of a is a class I
felon Unlawful sexual conduct with an offender who is between fifteen and seventeen
y ears of a is a class 3 felon All other unlawful sexual conduct is a class 5 felon
5.'20.4 Unlawful sexual conduct- correctional facilities-, classifications Definition A.R.S. � 13
5.21 Federal Prison Rape Elinfination Act 1003 The Contractor shall compl with the Federal Prison
Rape Elimination Act of 2003. Reference 12-8 C.F.R., Part § 115.
. 2 2 C
5.2002). 1 Contraband means an dan dru narcotic dru intoxicatin li of an kind,
deadl weapon, dan instrument, explosive or an other article whose use of or
possession would endan the safet securit or preservation of order in a correctional
facifit or an person therein. (An other article includes an substance which could cause
abnormal behavior, i.e. mari nonprescription medications, etc.
SPECIAL TERMS AND CONDITIONS ADC C ontract No. 1
Promoting person contraband A.R.S. § 13.2505:
A person, not othemrise authorized by law, commits promoting prison. contraband:
0 By kn taking contraband into a correctional facility or th grounds of such a
Facility, or
• By knowingly conveying contraband to any persons confined in a correctional facility; or
• By knowingly making, obtaining, or possessing contraband while being; confined in a
correctional facility.
Promoting Prison Contraband is a Class 5 felony.
Authority A.R.S. § 1 -
AR S, § 13-250-5.
ADC Department Order 708
5.23 Offshore Performance of Work Prohibited Any services that are described in the specifications or
scope of work that directly serve the State of Arizona or its clients and involve access to secure or
sensitive data or personal client data shall be performed within the defined territories of the Ignited
States. Unless specifically stated otherwise in the speci ficat ions, this paragraph does not apply to
indirect or overhead services, redundant back-up services or services that are incidental to the
performance of the contract. This provision applies to work performed by subcontractors at all
tiers.
5.24 Electronic and Information Tech.nolo . Unless specifically authon*zed in the Contract, any
electronic or information technology offered to the State of Ari under this Contract shall
comply with A.R.S. § 41 - 2531 and A.R. 41 - 2532 and Section 508 of the Rehabilitation Act of
1973, which requires that employees and members of the public shall have access to and use of
information technology that is comparable to the access and use by employees and members of the
public who are not individuals with disabilities.
5.02 5 E-Vcn'fy Requirement
5.2-5.1 In accordance with A.R.S. § 414401, Contractor warrants compliance with all Federal
imn laws and regulations relating to employees and warrants its compliance with
AAC Section A.R.S. § ?3.214, Subsection A.
5.26 INDEMNIFICATION: Each party (as "lndemnitor" ) agrees to indemnify, defend., and bold
harmless the other party (as "Indernnitee" ) from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"Claims" ) arising out of bodily injury of any person (including death) or property damage, but only
to the extent that such Claims which result in vicarious /derivative liability to the Indemnitee are
caused by the act, on-i ssion, negligence, misconduct, or other fault of the Indemn tor, its officers,
officials, agents, employees, or volunteers.
STANDARD WORK PROVISION ttachment #i
INMATE WORK PROGRAMS ADC Contract No. 15- 105 -20
INMATE WORK PROGRAM UTMIZI.I G CONTRACTOR SUPERVISION
A. No inmate shall be placed in a supervisory capacity over any other inmate.
B. Department authorities shall be notified of unsatisfactory work or malingering of inmates and, if requested, the
Contractor shall furnish a written account of such unsatisfactory performance.
C. The Department shall receive inunediate notification of an 'Inmate's failure to remain at work in accordance with
assigned job duties.
D. The Department shall receive 'Immediate notification of the discovery or suspicion of any intoxicant or unprescribed
drug in the possession of any inmate worker.
E. In the event of accident or scrious illness while on the job, the Contractor may adrrdnister first aid as necessary and
shall notify Department authorities without delay. If necessary, in the interest of life or limb, the inmate may be
transported to the nearest hospital. Inmate workers shall not be transported in privately owned vehicles at any time.
F. The Contractor shall provide tmining and special protective clothing if work environment necessitates use of
specie safety precautions or if inmates must work with, near, or around hazardous materials, e,g., asbestos,
explosives, radioactive substances. 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, etc.
G. 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.
H. Contractor's supervisors shall have knowledge and training related to the particular work tasks described in the
Contract to ensure that qualified technical supervision and assistance shall be provided to inmate workers as
applicable to job requirements.
1, All equipment, machinery and tools needed to accomplish desitmated work assignments shall be maintained in good
repair and working condition by the Contractor.
J. The Contractor shall comply with the required standards of the Occupational Safety and Health Act (OSHA) during
the teen of this Contract relative to safety of the work environment and equipment used by assigned im
workers.
I. The confidentiality of information regarding any inmate worker acquired in the course of service pursuant to this
Contract shall be maintained in accordance with XR.S, 31 -221, and no infon nation shall be released without prior
written authorization from a representative of the department.
L. 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, including food and soft drinks or monies, constitutes a felony for
which they can be prosecuted. Inmates are not permitted to work where thereare alcoholic beverages or illegal
drugs,
M. The Contractor's personnel shall not handle any mail, notes, packages, or verbal messages for assigned inmates. No
inmate shall be perr fitted. to make or receive telephone calls unless the call is made to or received from the prison
facility in which the inmate is incarcerated.
STANDARD WORK PROVISION Attachment #1
INMATE WORK PROGRAMS ADC Contract No* 15-105-20
N. An authorized representative of the Department shall be permi.ttcd to visit or telephone assigned inmates at the
prescribed place of work, or to otherwise conunumeate with the Contractor to discuss each inmate's work
performance, work attendance and general behavior.
O, The visiting of an innate by any unauthorized person shad not he permitted. If any person is found visiting
with an inmate, his or her name and description shall be given to Department authorities. 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.
P. Any allegations of nor - compliance with Department written instructions, or other Contractor misconduct, shall be
subject to investigation by the Department..
S'T'ANDARD WORK PROVISION Attachment
S ITE SAFETY AND ADC Contract No. 15-105-20
HEALTH PLAN
Developed by: State of Arizona, Department of A.dnlin.istration
Risk Management. Section
.Provided by: Mike Poster, Manager, Safety and E nvironm ental Services,
Administrative Services Division
T PROGRAM OBJECTIVES
I .I This Safety and ,Loss Prevention. Program is established to exercise all available means of eliminating or
controlling hazards and risks associated with renovation and construction p rojects.
1.1.
Mininu*ze Personal injuries;
L 1.2
Maximize Property Conservations;
1.1.3
Achieve Greater Efficiency, and
1
Redu Direct and Indirect C ost s
1.? The effectiveness of Safety and Loss Prevention Program will depend on the active participation and full
cooperation of all involved with the project to include management, supervisors, inmates, and employees,
and their efforts in carrying out the following basic responsibilities.
I x x 1 .plan all work to minimize personal injury, property damage and loss of productive time.
I.2.�' Properly select inmates /employees based upon their skill level for the necessary j tasks.
1.2.3 Provide for the protection of adjacent property and safety of the public.
1.2 :4 Coordinate activities with others at the work location.
1.2,5 Establish and conduct an educational program to stimulate and maintain interest and participation
of all inmates and employees through:
1.2.5.1 Safety Meetings:
1.25. Prompt investigation of all accidents and serious potential incidents to determine
cause or causes and take necessary corrective action to eliminate a recurrence of
a loss or incident:
1.2.5.3 Use of proper work methods, personal protective equipment, and mechanical
guards;
1.2.5.4 Employee inmate safety instructions to all assigmed work; and
1.2.5.5 Safety training; programs,
2 RESPONSIBILITIE
23 1 It is the purpose of the program to organize and direct activities, which will:
2.1.1 Avoid'
void iniuries.
2.I.2 Reduce construction interruption. due to an accident.
2.1.3 Assure a safe and healthy place to work.
STANDARD WORK PROVISION Attachment
SITE SAFETY AND ADC Contr No. 15-105
HEALTH PLAN
2.2 The Project Manager is required to establish and administer a site - specific safety program and will.
2.2.1 Make periodic loss prevention. surveys.
2.2. Subrr�t writt r
2.2.3 Periodically attend safety meetings.
2.2.4 assure safety orientation meetings for employees/inmates are conducted and documented.
OW25 Provide warning suns safety literature, reporting Forms, and other educational and training
materials as deemed appropriate.
2.2.6 Maintain a written comprehensive Safety and Loss Prevention manual.
2 ,2.7 Give due consideration to all safety factors during pre - planning.
?4~.8 Employ only those individuals physically and mentally capable of performing in a sal': manner.
?. &W.9 Comply with the Occupational Safety and Health Act and all other applicable Federal, State and
Local regulations.
2.2.14 Provide and enforce the use of all necessary testing; equipment for employee /inmate health and
safety. Provide and enforce the use of personal protective equipment and use only where
Engineering controls are not Feasible:
2.2.11 Provide properly guarded and maintained tools, machinery and equipment.
1 12 Maintain necessary accident records and promptly file the reports required by the State or Federal
authorities and the insurer.
2.2.13 Promptly investi any incident that causes injury or damage to property.
2.2.14 Plan and schedule work operations so as to control personal injury and property damage hazards.
.15 Maintain good housekeeping conditions and fire protection equipment.
2.2.1 6 Maintain an effective equipment inspection and maintenance program,
?.x.17 provide proper and speeific work task training for employees mmates regarding the hazards of
their Jobs and how to work safely.
?.?.18 Correct unsafe work habits o employees/inmates as soon as they are observed.
2. 19 Eliminate unsafe conditions under their control and promptly report those they cannot eliminate
to the proper authority.
2.2.2) 0 Conduct weekly toolbox meetings with all employees /inmates and maintain written records of
these meetings. The written record shall include the date, topic discussed, comments and
attendees.
STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADC Contract No. 15-105-20
H E LTH l LAN - - -- - - - -- - -- - - - - - --
2.2, a 1 Ensure each employee /inmate understands that violations of the project safety program will not
be tolerated and that proper disciplinary action will be adnu*n.istered, including removal from the
Project for violation of safety policy.
3
GENEItAI. SAFETY REQUIREMENTS
3.1 Laws and Regulations
3.1.1 Responsible project management representatives shall comply with and enforce all local, state:
and federal laves, rules, statutes and regulations of goveming or regulatory bodies within the
geographical scope of its operations. They will also cooperate with all regulatory agencies
regarding job site safety and health, and allow full access to the projcct for visitation.
3.') audit Procedures
3.A2.I All documentation rcgardirig safety training, hazard communication, electrical safety programs,
equipment safety programs, equipment inspection and maintenance records, and fire protection
inspection shall be kept on the job site.
3.3 Drug and Alcohol Policy:
3.3.1 The possession or use of any non - prescribed drug or any alcohol beverage on the job site is
strictly prohibited.
El
SPECIFIC REQUIREMENTS
4.1 Emergency Procedures Guideline:
4.1.1 The Project Manager will set up emergency procedures for the following categories:
4.1.1.1 Fire
4.1.1.2 Injuries
4.1.1.3 Injury to the general public
4.1.1.4 Property damage, particularly to utilities;
telephone, or pedestnkm and vehicle routes.
4.1.1.5 Public demonstrations
4.1.1.6 Bomb threats
4.1.1.7 Other exposures at the construction site
i.e., gas, water, sewage, electrical,
4.1,2' In order that necessary emergency services are supplied promptly, the Project Manager shall:
4.1.2.1 Post in a conspicuous place, a list of emergency phone numbers, along with the
type of information to be transmitted for each emergency situation.
4.1.2W }? Delegate responsibility for making emergency calls.
4.1.3 It is the responsibility of the Project Manager to ensure immediate (5 min or less) reliable
emergency medical response is available or to provide full time dedicated, trained emergency
medical staff and facilities to be available to all employees /inmates If employees /inmates are
working with materl"als that could adversely affect their respiration, or are subject to electrical
shod that could cause loss of the breathing function, and medical response Is longer than 3 to 4
STANDARD WORK PROVISION Attachment ##2
SITE SAFETY AND ADC Cont N 15-105-20
HEALTH P LAN
minutes, the project banger must adhere to the OSHA rules and regulations, 29 CFR 19 -6.50,
regarding medical response for a construction site.
4.1,4 The proj ect Manager's emergency procedures should be reviewed regularly and, where
necessary, adjusted to provide maximum effectiveness.
4.2 protection of the Public:
4,21 The project Manager shall take all necessary precautions to prevent injury to the public or
damage to property of others. The term "public" shall include all persons not engaged in the
proj or others working under his/her direction. precautions to be taken shall include, but not
limited to, the following:
4.2).1.1 work shall not be performed in any area occupied by the public unless specified
permctted by the contract or in writing by the project Manager.
4.2.1.2� when it is necessary to maintain public use of , work areas involving sidewalks,
entrances to buildings, lobbies, corridors, aisles, stairways and vehicular
roadways, the Project Managers shall protect the public with approprl ate
guardrails, barricades, temporary partition shields, and adequate visibility. Such
protection shall guard against harmful radioactive rays or particles, flying
materials, falling, or moving materials and equipment, hot or poisonous materials,
explosives and explosive atmospheres, flanunable or toxic liquids and gasses,
open names, energized circuits or other harmful exposures.
4.2.1.3 Sidewalks, entrances to buildings, lobbies, com'dors, aisles, doors or exits shall
be kept clear of obstructions to permit safe ingress and egress of the public at all
tunes.
4.2.1 A Appropriate warnings, signs, and instructional safety signs shall be
conspicuously posted where necessary. In addition, a signal shall control the
movement of motorized equipment in areas where the public might be
endangered.
4.x.1..5 Sidewalk sheds, canopies, catch platforms and appropriate fences shall be
provided when it is necessary to maintain public pedestrian traffic adjacent to the
erection, demolition or structural, alteration of outside walls on any structure.
The protection required shall be in accordance with the laws and regulations of
the regulatory bodies,
4,2.1.6 A temporary fence shall be provided around the perimeter of above ground
operations adjacent to public areas except where a sidewalk shed or fence is, if
provided by the contract or as required by Subparagraph -5 above. perim€cter
fences shall be at least six feet high and/or in compliance with the laws and
regulations of the regulatory bodies involved.
4.2.1.7 Guardrails shall be provided on both sides of vehicular and pedestrian bridges,
ramps, runways and platforms. Pedest6an walkways elevated above adjoining
surfaces, or walkways within six feet of the top of excavated slopes or vertical
banks shall be protected with guardrails, except where sidewalk sheds or fences
are provided as required by Subparagraph 5 above. Guardrails shall -be made of
STANDARD WORK PROVISION Attachme tt #
SITE SAFETY AND ADC Contract No. 15- 105 -20
HEALTH PLAN
......................................... ................ ............... . . - - - - -- .......... ..........
ngl d materials capable of withstanding a force of at least Zoo pounds applied in
any direction at any point: in their structure, Their height shall be approximately
42- inches. Top rails and past may be 2- inches by 4- inches dressed wood or
equal. Intermediate horizontals rails at raid - height and toe boards at platform
level may be I -inch by 6-ineh good or equal. Posts shall not be over eight feet
apart.
4.2.1.8 Bar'cades meeting the requirements of the political subdivision involved shall
provided where sidewalk sheds, fences or guardrails as referenced above, are not
required between work areas and pedestrian walkways, roadways or occupied
buildings. Bar'cades shall be secured against accidental displacement and shall
be maintained to perform the work. Dung the period a barricade is removed
tempora d ly for the purposes of work, a watchman shall be placed at all openings.
4.'1 20, 1. 9 Temporary sidewalks shall be provided when a permanent sidewalk is obstructed
by the Trade Subcontractor's or any tier operations. They shall be in accordance
with the requirements of the political subdivision involved, Guardrails shall be
provided on both sides of temporary sidewalks.
X4.4'.1.1 o warning signs and lights including lanterns, torches, Bares and electric lights,
meeting requirements of the political subdivision Involved, shall be maintained
from dusk to sun.'se along guardrails, bar'cades, temporary sidewalks and at
every obstruction to the public. These shall be placed at both ends of such
protection or obstructions and not over 40 feet apart alongside of such protection
or obstructions.
43
Housekeeping
4.3.1 During the course of construction/ renovation, housekeeping practices will be followed to keep the
work areas, passageways, and stairs in and around the buildings or other structures, free from
debris of all types.
4.3.1.1 This shall include scrap lumber and form lumber with protruding nails.
4.3.1.4' Combustible scrap and debris shall be removed at regular intervals. Containers
shall be provided for the collection of scrap, trash and other debris.
4.4
Personal Protective Equipment.
4Y41 The Project: Manager shall be responsible for requiring the wearing of appropriate personal
protective equipment in all operation where there is an exposure to hazardous conditions or where
there is ap indication of the need for using such equipment to reduce the hazard to
employcesA mates. Such equipment will be used where engineering out the hazard is not
feasible.
4.5 Flammable and Combustible Liquids:
4.5.1 Flammable and combustible liquids shall be stored and dispensed incompliance with regulations
and rules established by the governing regulatory bodies.
STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADC Contract No. 15-105-20
HEALTH PLAN
4.5.2 An leaka or spilla of flammable or combustible li shall be cleaned up immediatel and
disposed of promptl and safel
4.5.3 Transfer of flammable li from one container to another shall re electricall bondin the
containers.
4,5.4 Small q uantities of flammable li that ma be used at various points on the Job Site shalt be
handled in approved safet cans.
4-55 No smokin matches, or open flames will be permitted within 50 feet of the area where
flammable li are used or transferred, unless conditions warrant g reater clearance.
4.5.6 Fuel trucks will properl marked, contents clearl ' Identified, posted and with proper fire
P rotection.
4.5,7 Fuel tanks over 500 g allons will be diked, g rounded, and protected from contact b vehicles on
all sides. Proper identification of tanks and access for measurement will be maintained.
4.6 Tools Hand and Power-,
4.6.1 All hand and power tools and e shall be maintained in a safe condition. The Project
Mana shall be responsible for the condition of all tools or e used b
emplo
4.6 - 2.0 Power operated tools that are desi to accommodate g uards shall be e with such
g uards while in use.
4.6.3 Belts, g ears, shafts, pulle sprockets, spindles, drums, fl chains, or other reciprocatin
rotatin or movin parts of such e or tools shall be I marded if such parts are exposed to
contact,
4.6,4 Wrenches shall, not be used when the jaws are sprun or worn to the point that slippa occurs.
4.6.5 Impact tool such as wed and chisels shall be kept free of mushroomed heads.
4.6.6 Wooden handles of tool shall be kept free of splinters and cracks and shall be kept ti in the
tool.
4.6.7 All hand-held powered drills, fastener drivers, g rinders with wheels g reater than 2-inches in
diameter, disc sanders, belt sanders, reciprocatin saws, saber saws and similar operatin power
tools shall be e with a momentar contact off on control and ma have a lock-on control
p *ded that turn can be accomplished with a sin motion of the same rin g er or fin that
pr ovided
turn it on.
4.6.8 All other hand-held powered tools such as circular saws, chain saws, and percussion tools with
positive accessor holdin means, shall be e with a constant pressure switch that will shut
off power when the pressure is released.
4.6.9 The use of electrical cords for hoistin or lowerin tools shall not be perrnittcd.
STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ACC Contract No. 15-105-20
HEALTH H PLAN
EM
4.6.10 Pneumatic power tools shall be secured to the hose or whip by some positive means to prevent
the toot from becoming accidentally disconnected, Each section of supply hose to pneumatic tool
shall also be secured by some positive means to prevent accidental disconnection.
4.6.11 Safcty clips or retainers shall be securely installed and maintained on pneumatic impact tools to
prevent attachments from being accidentally expelled.
4.6.1 . Pneumatic hoses shall not be used as a means of hoisting or lowering tools.
4.6.13 Only employees/inmates who have been trained in the operation of the particular tool in use shall
be allowed to operate a power - actuated tool.
4,6.14 Power - actuated tools shall be tested each day before loading to see that safety devices are in
proper working condition. The testing shall be done in accordance with the manufacturer's
recommended pressure.
Earth Moving Equipment:
4.7.1 Operators will receive instructions on proper mounting and dismounting of equipment.
4.7.2 Operators shall wear seat belts while vehicle is in motion.
4.7.3 Equipment shall be in sale operating condition and inspected daily for proper braking and
hydraulic systems and tires.
4.7.4 Dozer, loader, scraper, back buckets, glades and pans will be grounded before the operator
dismounts.
4.7.5 prior to mounting any equipment, the operator will visually inspect the area not visible from the
operator's station.
4.7.6 Equipment will have audible warning devices in good working order.
STANDARD WORK PROVISION Alta hment #3
INMATE WORK PROGRAMS ADC Contract Igo, 15- 106-20
UTTER OF INSTRUCTION
REQUEST FOR AUTHORIZATION
UTELIZING INMATE wORKERS FOR OPERATION OF oF&ROAD MOBILE E UIPME T"
Inmate work Contracts between the Department and the Contractor provide authorization for assigned inmate
workers to operate off -road mobile equipment under certain conditions. This Letter of Instruction provides the
procedure for obtaining approval to utilize innate workers on Contractor's offs -goad mobile equipment.
The Contractor shall provide written notice advising of the need to utilize inmate workers to operate
specific off -road mobile equipment, The request shall include the following information:
III A complete list describing the type(s) of off -read mobile equipment to be operated;
l.2 Identification of specific training inmates will receive for each type of off.' -road mobile
equipment; and
13 A list of inmates, to include the inmate "s Department identification number, for whom approval is
being requested. The list shall reflect the type(s) of mobile equipment to be operated, specific to
each inmate worker.
The Department shall acknowledge the Contractor's request and, after coordinating with institution
officials, notify the Contractor in writing of those Mmates approved to be trained to operate off -road
mobile equipment. The Contractor shall not proceed with training until written notice of authorization is
received from the Department.
3 Once approval to proceed with training is received, the Contractor shall provide safety and operational
training to approved inmates for each type of specified off-road mobile equipment. The manufacturer's
supplied training materials and /or materials developed in accordance with Occupational Safety and Health
Act (0 14A) guidelines, for each specific type of mobile equipment, should meet the training
requirements for each inmate operator. Copies of training materials shall be provided to the Department
for record keeping purposes.
4 Once training is complete, the Contractor shall furnish documentary evidence of satisfactory completion
of training for each 'inmate. The documentation shall include the inmate's certification by sigmature that
he /she understands the operation and safety issues of each type of mobile equipment he/she has been
trained to operate,
5 Following review of training documents provided by the Contractor, and/or designee, the Department
shall furnish the Contractor with notification of approval for individual inmates,, Contractor shall maintain
records of training and aut lion" zati on for all inmate workers as long as they are engaged in this inmate
work program.
6 The Contractor shall acquire and maintain applicable insurance in compliance with Mate requirements.
CONTRACTOR Attache ment #4
AUTHORIZED WORK LOCATION (s) ADC Contract No, 15a105-20
Town of Marano
Roadside, fronta road and median clean-up alon 1-10 from Oran
Grove Road north to the Final Count Line
Maran�!, �riz
Town of Marans
Parks and Recreation, Roads and Water, the duties include landscapin
2 trash removal, and tree trimmin
Marana, Arizona
Town of Marana
3 Town's Herita Park project located at 12375 N. Herita Park Drive, Marana,
AZ work will be perfonned b the inmates weeld Monda
Marano. Arizona
CONTRACTOR Attachment #5
AUTHORIZED WORK LOCATION fsl -- ------ -- --ADC Contract No. l5w105*20
DAILY INMATE ROSTER
ADC Contract No.** 15-105-20
Contractor: Town of Marana Site Location:
Pn*vate Prison'. MCCTF Owned and Operated b Mana & Trainin Corporation
Reportin Date: ( MM/DD/YY )
HOURS
INMATE NAME I`NMATE NUMBER WORKED SIGNATURE
1
.2
3
9
10
Authorized Si Date
Ori to Institution Providina Labor
MCCTF
Attn.- Business Mana
P.O. Box 940
Marana, Arizona 85653
CONTRACTOR Attachment 96
AUTHORIZED WORK LOCATION ADC Contract No. 16-105-20
MONTHLY PAYMENT DETAIL
ADC Contract Na.:
15-105-20
Contractor.
Town of Marana Site Location.-
Private Pn'son,,,
MCCTF Owned and Operated b Mana & Trainin Corporation
Reportin Date:
s
From. TO
[MM/DD/YY
( MM/DD/ -Y "]
WMATE RATE OF
# INMATE NAME NUMBER PAY
HOURS TOTAL PAY
$
2
3
.............. ..... . ....
5
9
10
II
13
-14 —
ar
15
16.
17
--- --------------------
19
20
TOTAL
Authon'zed Si
Date
Qdg inal to Institution Providiney Labor
MCCTF
Attn: Business Mana
P.O. Box 940
Marana, Arizona 85653