HomeMy WebLinkAboutResolution 2020-028 Approving the 2020 Inmate Work ContractMARANA RESOLUTION NO. 2020-028
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE
FINANCE DIRECTOR TO EXECUTE AN INMATE WORK CONTRACT BETWEEN
THE TOWN OF MARANA, THE ARIZONA DEPARTMENT OF CORRECTIONS AND
THE MANAGEMENT & TRA.INING CORPORATION FOR INMATE LABOR
SERVICES
WI4EREAS 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 March 31,
2020, 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 THE 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 terms, obligations, and objectives of the contract.
Marana Resolution No. 2020-028 - I -
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 17th day of March, 2020.
Mayor Ed Ho ea
ATTE APPROVE AS O FORM:
d
Cherry L. Law on, Town Clerk Fr k Cas • y; Town Atto
MARANA AZ
ESTABLISHED 1977
Marana Resolution No. 2020-028 2
ADC Contract No: 20-029-25
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 Management & Training Corporation (MTC) for and on behalf of its Arizona State
Prison-Marana Community Correctional Treatment Facility, hereinafter referred to as ASP—Marana as
applicable.
This document, including the Scope of Services, Special Terms and Conditions, Standard Work
Provisions, any addendums, attachments or modifications, shall constitute the entire Contract between the
parties and supersedes all other understandings, oral or written.
IN WITNESS WHEREOF, the parties hereto agree to cavy out the terns of this Contract.
TOWN OF MARANA
FEDERAL I.D. #86-6006756
Signat r of Authorized Individual Date
Yiannis Kalaitzidis
Typed Name
Finance Director
Typed Title
11555 W. Civic Center Drive
Marana, Arizona 85653
Address
ARIZONA DEPARTMENT OF CORRECTIONS
Signature of Authorized Individual Date
Kenneth P. Sanchez
Typed Name
Chief Procurement Officer, Administrative Services
Typed Title
1645 West Jefferson Street, Mail Code 328
Phoenix, Arizona 85007-3002
Address
Additional Signatures as Applicable
Signature of Authorized Individual Date
Jeremy Casey
Typed Name
Warden
Typed Title
Signature of Authorized Individual Date
Typed Name
Typed Title
Prepared by: Stephen Castillo, Senior Procurement Specialist
Date: February 12, 2020
SCOPE OF SERVICES ADC Contract No. 20-029-25
WITNESSETH
WHEREAS, the Department is duly authorized by A.R.S. § 41-1604, et seq.; § 31-252, and § 31-255, to
execute and administer contracts and;
WHEREAS, the Contractor is authorized by A.R.S. § 9-240, et seq. to enter into agreements for services,
and;
WHEREAS, in accordance with A.R.S. §41-1609 and A.R.S. §41-1609.01, as amended, the Department
has a current Contract with Management & Training Corporation (MTC), a private prison business organization, to
operate and manage Marana Community Correctional Treatment Facility (MCCTF) also known as ASP-Marana, a
secure private prison to provide housing 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 requirement that each able-bodied inmate under
commitment to the Department shall engage in work activity during such term of imprisonment, and;
WHEREAS, the Director of the Department 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 the Department,
and;
WHEREAS, the Director of the Department may authorize inmate work crews to perform acceptable tasks
in any part of the State, and;
WHEREAS, the Contractor has a need for a work force to support its public works project, and;
WHEREAS, the Department is able to provide an inmate work force to support this work program from its
Arizona State Prison - Marana, as shown herein.
NOW, THEREFORE, the Department, the Contractor, and Management & Training Corporation (MTC) /
ASP-Marana do hereby agree as follows:
DEFINITIONS: For the purposes of this Agreement, the following definitions shall apply:
1.1 ASP-MARANA WARDEN: The individual employed by Arizona State Prison — Marana and
charged with the overall responsibility to manage and operate ASP-Marana.
1.2 ASP-Marana PROCEDURES: Procedures based on Department written instructions that have
been approved by the Department relative to the operation, management and maintenance of ASP-
Marana location.
1.3 DEPARTMENT MONITOR: Department employee assigned to ASP-Marana location who
serves as the liaison between the Department and ASP-Marana location regarding matters that arise
as a result of the daily monitoring of the services provided by this Agreement.
1.4 DEPARTMENT WRITTEN INSTRUCTIONS: Department regulations and management
directives issued by executive staff of the Department which govern the administration and
operation of the Department and ASP-Marana consistent with State statutes, rules and sound
correctional practices.
SCOPE OF SERVICES ADC Contract No. 20-029-25
2 THE CONTRACTOR AGREES:
2.1 To provide necessary tools/equipment, drinking water, sanitary facilities and any special clothing
required to accomplish work assignments.
2.2 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 Work Provision
for Inmate Work Programs utilizing Contractor Supervision included as Attachment #1 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 complete their job assignments.
2.2.2 Job supervision means that Contractor personnel shall regularly account for the inmates
within guidelines specified by the Department and report results to the
MCCTF/Department liaison. If an inmate fails to remain at the work site, if an inmate
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 MCCTF/Department relative to the identity of assigned
supervisors shall be provided.
2.2.4 Assigned inmates shall wear their identification cards at all times.
2.2.5 Assigned inmates shall wear distinctive clothing as approved by the Department.
2.3 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
inmates on or off institution grounds. Contractors shall submit in writing, upon request from the
Department, any information necessary to screen and approve them for access to the institution.
This information shall include, but not necessarily be limited to: Name, 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 Department. Background Questionnaire form will be
provided by the Department.
2.4 To obtain the Department's written approval for the Contractor's technical supervisor prior to
initiation of this contract.
2.4.1 Subsequent to Contract initiation, should the Contractor's technical supervisor(s) change,
the Department Monitor and MCCTF shall be notified at least two (2) work days prior to
the impending change to permit completion of the Department's approval process.
2.4.2 If prior notice is not possible, the Department Monitor may the MCCTF Warden to
withhold the inmate work crew from further service until the necessary approval process is
completed.
2.5 To assign work days/hours and work locations subject to the concurrence of the Department
Monitor and MCCTF. Work sites shall be confined to locations which are within the Contractor's
authority to manage, maintain and finance
SCOPE OF SERVICES ADC Contract No. 20-029-25
2.6 To provide transportation of inmate workers to and from the work site in Contractor owned
vehicles
2.6.1 Inmate workers shall not be transported in privately owned vehicles at any time.
2.7 To provide, if applicable, pesticide protection and Hazardous Material Training (HAZMAT) for
inmates prior to initiating the work activities described in this Contract.
2.7.1 The Contractor shall comply with the Site Safety and Health Plan included as Attachment
#2 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
and/or 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 "Right -to -Know Act" (SARA Title I1I).
2.8 To obtain Department and MCCTF approval at least two (2) workdays prior to initiating any
changes in the following areas:
2.8.1 Work tasks
2.8.2 Equipment/tools used
2.8.3 Chemical used
2.8.4 Work site(s)
2.8.4.1 Work site(s) may require a Contract Amendment
2.9 To provide a working environment which meets the requirements of the Occupational Safety and
Health Act (OSHA), Safety and Health Standards for General and or Construction Industry, 29
CFR Part 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 (DI's), i.e
drug-free workplace, grooming code, etc. The policies, procedures, DO's, and DI's are available on
the following web site www.azcorrections. oo .
2.12 To designate a staff member who shall serve as liaison between the Contractor, Department
Monitor and the MCCTF in developing 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.
2.13 To notify the Department Monitor and the MCCTF 24 hours prior to necessity should workload
require inmates to stay beyond their normal work hours. Said notice shall be provided by
contacting the Department's/MCCTF contact person.
2.14 To allocate sufficient time from job responsibilities to allow Contractor's staff assigned to this
work program to attend mandatory 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.
SCOPE OF SERVICES ADC Contract No. 20-029-25
2.15 To maintain the work site in the manner/condition in which it was approved by the Department
Monitor and MCCTF as complying with the requirements imposed by the custody level of
assigned inmates and assigned work responsibilities. If, during the term of this Contract,
security/safety concerns become evident, or the Contractor wishes to change or alter the work
site(s), the following procedures shall be followed:
2.15.1 Security/safety concerns shall be rectified immediately by the Contractor in accordance
with direction received from the Department Monitor and MCCTF.
2.15.2 The Contractor shall provide a two (2) day written notice to the Department Monitor and
MCCTF, if changes or alterations are planned for the work site(s) prior to any changes or
alteration being accomplished.
2.15.3 Representatives from the Department Monitor and MCCTF and the Contractor shall
conduct an inspection of the work site(s). If the proposed change or alteration shall
negatively impact the security and/or safety of assigned inmate workers, corrective action
shall be determined by the Department.
2.15.4 If in the opinion of the Department Monitor and MCCTF, said security/safety concern(s)
poses an immediate threat to the inmate workers, the Department may withhold further
assignments of the inmate work crew until the concern is rectified.
2.16 Failure on the part of the Contractor to respond to the request for corrective action from the
Department Monitor and MCCTF under circumstances described in Paragraphs 2.15.3 and 2.15.4
above shall result in the immediate suspension of the work program.
2.16.1 The parties to this Contract may meet to discuss resolution.
2.16.2 If resolution cannot be achieved, the Department Monitor shall have the option to either
disapprove the assignment of inmates to the involved work site, or terminate this Contract.
2.16.3 This Contract shall make final payment to MCCTF as directed herein.
2.17 To pay for inmate labor at the rate of seventy five cents (75¢) per hour, to include approved extra
hours, if applicable as authorized by the Department.
2.18 If applicable, to pay at the prevailing hourly rate for Correctional Officer (CO) supervision of
inmate work crews under this Contract, including overtime approved by Contractor, and all
employee related expenses. Should additional crews be needed, Contractor will hire additional
staff to supervise inmate work crews. The Contractor in agreement with the Department must
authorize the expense of additional Departmental staff before the expense is incurred.
2.19 If applicable, in addition to payment for inmate labor and CO overtime, the Contractor shall pay
the Department for transportation costs at the State prevailing rate per mile, as determined by the
Arizona Department of Administration, General Accounting Office, for distance traveled by each
Department transportation vehicle to and from the work site(s). Such payment shall be rendered by
separate check or warrant at the same time and place as payment for inmate wages.
2.20 To comply with the following procedures in recording innate work hours and rendering all
payments due under this Contract:
SCOPE OF SERVICES ADC Contract No. 20-029-25
2.20.1 MCCTF shall provide the Contractor with a Daily Inmate Roster, as shown by
Attachment #5. The Contractor shall complete the Daily Inmate Roster and include the
signature(s) of the inmate(s) and the Contractor's staff supervisor. The original roster shall
be returned to MCCTF on a daily basis.
2.20.2 Each month the Contractor shall complete a Monthly Payment 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 thirty (30)
workdays after receipt of the MCCTF invoice. The check or warrant shall be made payable
to Arizona Department of Corrections and sent to the following address:
Community Correctional Treatment Facility
Attention: Business Manager
P. O .Box 940
Marana, Arizona 85653
2.21 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.
2.22 To insure that law enforcement/traffic control is present if the job activity requires that an inmate
step on the active portion (blacktop) of I-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.
2.24 In the event of an inmate escape, the Contractor shall immediately contact MCCTF and the police
department.
2.25 That inmates assigned to this work program shall not drive any licensed, over -the road vehicle as
part of their job responsibilities. However, assigned inmates may be permitted to operate the
Contractor's off-road mobile equipment, in accordance with the following guidelines.
2.25.1 The Contractor 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.
2.25.2 No inmate shall operate any mobile equipment until the Contractor receives written
authorization from the Department in accordance with Attachment #3.
2.25.3 If the Contractor receives 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.
2.25.4 Acquire and maintain applicable insurance in compliance with State requirements.
2.25.5 Designated off-road mobile equipment may be:
2.25.5.1 Riding lawnmowers and golf carts or similar type equipment.
SCOPE OF SERVICES ADC Contract No. 20-029-25
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 location(s) as
shown on Attachment No. 4.
3.1.2 Inmates shall be screened per Department Order (DO) 903 and approved by the
Department Monitor and MCCTF for assignment to the Contractor'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 site.
3.1.5 Assigned inmates shall wear distinctive clothing as approved by the Department.
3.2 To provide the 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
invoicing purposes. MCCTF may computerize this Attachment, but shall ensure that all required
information is provided.
3.3 To be responsible for feeding the inmates and furnishing all clothing, except special protective
clothing.
3.4 To ensure provision of medical services for inmate injuries or illness at the worksite(s).
3.4.1 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 inmate(s). The MCCTF
Warden shall provide immediate verbal notification to the Department Monitor.
3.5 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.
3.6 To keep the Department Monitor informed as to the daily operation of this work program.
3.7 That prior to the initiation of 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, during 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 shall be followed.
3.7.1 All verbal communications between the Department Monitor, MCCTF and the Contractor
regarding security/safety issues, or work site alterations shall be documented in writing for
file.
SCOPE OF SERVICES ADC Contract No. 20-029-25
3.7.2 All written correspondence related to incidents involving security or safety issues shall be
reported in accordance with Department written instructions.
3.8 That if circumstances arise during the term of this Contract which prohibit the assignment of inmates
for work assignments (such circumstances could include acts of nature, institution riots, lockdowns,
inmate work strikes, etc.) the following guidelines shall govern:
3.8.1 MCCTF shall provide immediate verbal notice to the Contractor and the Department
Monitor if circumstances at MCCTF will impact work activities.
3.8.2 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 Department Monitor.
3.8.3 MCCTF shall provide written notice to the Contractor with a copy to the Department
Monitor indicating when the work program can resume.
3.8.4 The Contractor shall not hold the Department or MCCTF liable for failure to perform, or in
default of Contract terms due to circumstances described above.
3.9 If applicable, invoices for CO overtime shall identify at a minimum the following:
3.9.1 CO name(s)
3.9.2 CO overtime hours
3.9.3 Total amount invoiced
3.10 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
132581 North Lon Adams Blvd.
Marana, Arizona 85653
3.11 To keep the Department Monitor and Contractor informed of any changes in procedures affecting this
Contract.
3.12 To ensure compliance with all insurance and indemnification requirements described in its current
Contract with the Department for the operation and management of MCCTF.
3.12.1 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
that any insurance coverage carried by the State, the Department, its employees or the
Town of Marana shall be excess coverage, except as provided by State law, and not
contributory insurance to that provided by the State/Department.
SCOPE OF SERVICES ADC Contract No. 20-029-25
4 THE DEPARTMENT AGREES:
4.1 To assign 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 oversight, direction, and coordination of this Contract as
indicated below:
4.2.1 Approve and authorize inmates to be assigned to the work project.
4.2.2 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.
4.2.3 Provide training to Contractor's staff who will be involved in supervision or interacting
with inmate workers. This training shall be given prior to initiating the work activities
described 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 frequently than quarterly.
4.2.5 Inform the Contractor of Department written instructions and MCCTF procedures and
activities that have bearing upon the Contractor fulfilling assigned obligations under this
Contract.
4.2.6 Approve, with the concurrence of the MCCTF Warden, requests from the Contractor for
inmates to work extra hours.
4.2.7 Coordinate administrative/legal 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 may include: problems; disputes; notices; work program
suspensions; and termination.
4.2.7.2 Written documentation shall be maintained explaining actions taken and
resolutions achieved.
4.3 To approve in writing the Contractor's operational supervisor(s) assigned to this work program, in
accordance with Department written instructions, prior to initiation of this Contract.
SPECIAL TERMS AND CONDITIONS ADC Contract No. 20-029-25
5 SPECIAL TERMS AND CONDITIONS
5.1 Term of Contract This Contract shall begin when all signatures are affixed and executed by the
Department and shall continue for a period of five (5) years thereafter, unless terminated, canceled or
extended as otherwise provided herein.
5.1.1 This Contract is expected to commence with the expiration of the current Contract, in
effect through March 30, 2020.
5.2 The terms of this Contract are intended to define the respective rights and obligations of the
Department, MCCTF and the Contractor. Nothing expressed herein shall create any rights or duties
in favor of the inmates or any other party of any kind or nature.
5.3 This Contract may be terminated, without cause, by either party by provision of prior written notice
to the other. Such Notice of Termination shall be effective thirty (30) calendar days after mailing
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, inmate work strikes, etc. The following guidelines shall govern, if such circumstances
should occur:
5.4.1 The Department shall provide verbal notice within 24 hours or as soon as possible to the
Contractor if circumstances will impact work activities.
5.4.2 The Contractor shall not hold the Department liable for failure to perform, or in 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 MCCTF 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
Contract.
5.5.2 Payments made by the Contractor to the Department shall be in agreement with MCCTF's
records. Should a discrepancy in 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 of
Termination.
5.6 If a discrepancy in payment or payment records is identified by any 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. § 31-254.
5.8 Non -Availability of Funds In accordance with A.R.S. § 35-154, every payment obligation of the
SPECIAL TERMS AND CONDITIONS ADC Contract No. 20-029-25
State under the Contract is conditioned upon the availability of funds appropriated or allocated for
payment of such obligation. If funds are not allocated and available for the continuance of this
Contract, this Contract may be terminated by the State at the end of the period for which funds are
available. No liability shall accrue to the State in the event this provision is exercised, and the State
shall not be obligated or liable for any future payments or for any damages as a result of termination
under this paragraph.
5.9 Cancellation for Conflict of Interest In accordance with A.R.S. § 38-511, State may within three
years after execution cancel the Contract, without penalty or further obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf
of the State, at any time while the Contract is in effect, becomes an employee or agent or any other
party to the Contract in any capacity or a consultant to any other party of the Contract with respect to
the matter of the Contract.
5.10 The Department reserves the right to terminate the contract for default in whole or in part due to the
failure of the Contractor to comply with any term or condition of the Contract, to acquire and
maintain all required insurance policies, bonds, licenses and permits. The Department shall provide
written notice of the termination and the reasons for it to the Contractor.
5.11 Changes to the Contract shall be handled by formal amendment through Procurement Services
5.12 Arbitration In accordance with A.R.S. § 12-1518, the parties agree to resolve all disputes arising out
of or relating to this Contract through arbitration, after exhausting applicable administrative review
except as may be required by other applicable statutes.
5.12.1 Records which relate to disputes, litigations or the settlement of claims arising out of the
performance of this Contract, or to cost and expenses of this Contract as to which
exception has been taken by either party, or their designees, shall be retained by the parties
until such appeals, litigations, claims or exceptions have been finally resolved.
5.13 Applicable Law In accordance with A.R.S. § 41-2501, et seq, and AAC R2-7-101, et seq, Contract
shall be governed and interpreted by 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 equal
employment opportunities for all persons, regardless of race, color, creed, religion, sex, age, national
origin, disability or political affiliation. Contractor shall comply with the Americans with Disabilities
Act.
5.15 Each party to this contract shall be responsible for any and all costs, including but not limited to,
attorney fees, court costs and other litigation expenses incurred as a result of the errors and omissions
of its officers, employees, agents, or assigns arising out of the performance of this contract.
5.16 Audit of Records In accordance with A.R.S. § 35-214, the Contractor shall retain and shall contractually
require each subcontractor to retain all data, books and other records ("records") relating to this Contract for a
period of five years after completion of the Contract. All records shall be subject to inspection and audit by the
State at reasonable times. Upon request, the Contractor shall produce the original of any or all such records.
17 Any and all notices, requests or demands given or made upon the parties hereto, pursuant to or in
connection with this Contract, 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.
SPECIAL TERMS AND CONDITIONS ADC Contract No. 20-029-25
18 Third Party Antitrust Violations The Contractor assigns to the State any claims for charges resulting from
antitrust violations to the extent that such violations concern materials or services supplied by third parties to
the Contractor.
5.19 Notice Warning Any person who takes into or out of or attempts to take into or out of correctional facility
or the grounds belonging to or adjacent to a correctional facility, any item not specifically authorized by the
correctional facility, shall be prosecuted under the provisions of the Arizona Revised Statues. All persons,
including employee and visitors, entering upon these confines are subject to routine searches of their persons,
vehicles, property of packages.
Definition: A.R.S. § 13-2501:
A.R.S. § 13-2505:
ADC Department Order 708
5.20 Unlawful Sexual Conduct
5.20.1 A person — who is employed by the State Department of Corrections or the Department of
Juvenile Corrections; is employed by a private prison facility or a city or county jail;
Contracts to provide set -vices with the State Department of Corrections, the Department of
Juvenile Corrections, a private prison facility or a city or county jail; is an official visitor,
volunteer or agency representative of the State Department of Corrections, the Department
of Juvenile Corrections, a private prison facility or a city or county jail — commits unlawful
sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with
an offender who is in the custody of the State Department of Corrections, the Department
of Juvenile Corrections, a private prison facility or a city or county jail or with an offender
who is under the supervision of either Department or a city or county
5.20.2 This section does not apply to a person who is employed by the State Department of
Corrections, a private prison facility or a city or county jail or who Contracts to provide
services with the State Department of Corrections, a private prison facility or a city or
county jail or an offender who is on release status if the person was lawfully married to the
prisoner or offender on release status before the prisoner or offender was sentenced to the
State Department of Corrections or was incarcerated in a city or county jail.
5.20.3 Unlawful sexual conduct with an offender who is under fifteen years of age is a class 2
felony. Unlawful sexual conduct with an offender who is between fifteen and seventeen
years of age is a class 3 felony. All other- unlawful sexual conduct is a class 5 felony.
5.20.4 Unlawful sexual conduct; correctional facilities; classification; Definition
A.R.S. § 13-1419.
5.21 Federal Prison Rape Elimination Act 2003 The Contractor shall comply with the Federal Prison Rape
Elimination Act of 2003. Reference 28 C.F.R., Part § 115.
5.22 Contraband
5.22.1 Contraband means any dangerous drug, narcotic drug, intoxicating liquor of any kind,
deadly weapon, dangerous instrument, explosive or any other article whose use of or
possession would endanger the safety, security or preservation of order in a correctional
facility or any person therein. (Any other article includes any substance which could cause
abnormal behavior, i.e. marijuana, nonprescription medications, etc.
SPECIAL TERMS AND CONDITIONS ADC Contract No. 20-029-25
Promoting prison contraband A.R.S. § 13-2505:
A person, not otherwise authorized by law, commits promoting prison contraband:
• By knowingly taking contraband into a correctional facility or the 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. § 13-2501
A.R.S. § 13-2505
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 United States. Unless specifically
stated otherwise in the specifications, 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 Technology. Unless specifically authorized in the Contract, any electronic or
information technology offered to the State of Arizona under this Contract shall comply with A.R.S. § 41-2531
and A.R.S. § 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.
5.25 E -Verify Requirement
5.25.1 In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal
immigration laws and regulations relating to employees and warrants its compliance with
AAC Section A.R.S. § 23-214, Subsection A.
5.26 INDEMNIFICATION: Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the
other party (as "Indemnitee") 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, omission, negligence, misconduct, or other
fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
STANDARD WORK PROVISION Attachment #1
INMATE WORK PROGRAMS ADC Contract No. 20-029-25
INMATE WORK PROGRAM UTILIZING 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 immediate 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 imnate worker.
E. In the event of accident or serious illness while on the job, the Contractor may administer 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 training and special protective clothing if work environment necessitates use of
specific 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.
All equipment, machinery and tools needed to accomplish designated work assignments shall be maintained in good
repair and working condition by the Contractor.
The Contractor shall comply with the required standards of the Occupational Safety and Health Act (OSHA) during
the term of this Contract relative to safety of the work environment and equipment used by assigned int -nate
workers.
K. The confidentiality of information regarding any inmate worker acquired in the course of service pursuant to this
Contract 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 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 permitted 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. 20-029-25
N. An authorized representative of the Department 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.
O. 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 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 non-compliance with Department written instructions, or other Contractor misconduct, shall be
subject to investigation by the Department.
STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADC Contract No. 20-029-25
HEALTH PLAN
Developed by: State of Arizona, Department of Administration
Risk Management Section
Provided by: Mike Foster, Manager, Safety and Environmental Services,
Administrative Services Division
PROGRAM OBJECTIVES
1.1 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 projects.
1.1.1 Minimize Personal injuries;
1.1.2 Maximize Property Conservations;
1.1.3 Achieve Greater Efficiency; and
1.1.4 Reduce Direct and Indirect Costs
1.2 The effectiveness of Safety and Loss Prevention Program will depend on the active participation and fall
cooperation of all involved with the project to in Jue management, supervisors, inmates, and employees,
and their efforts in carrying out the following basic responsibilities.
1.2.1 Plan all work to minimize personal injury, property damage and loss of productive time.
1.2.2 Properly select inmates/employees based upon their skill level for the necessary job 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;
1.2.5.2 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 assigned work; and
1.2.5.5 Safety training programs.
RESPONSIBILITIES
2.1 It is the purpose of the program to organize and direct activities, which will:
2.1.1 Avoid injuries.
2.1.2 Reduce construction interruption due to an accident.
2.1.3 Assure a safe and healthy place to work.
2.2
STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADC Contract No. 20-029-25
HEALTH PLAN
The Project Manager is required to establish and administer a site-specific safety program and will:
2.2.1 Make periodic loss prevention surveys.
2.2.2 Submit written recommendations.
2.2.3 Periodically attend safety meetings.
2.2.4 Assure safety orientation meetings for employees/inmates are conducted and documented.
2.2.5 Provide warning signs, 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.
2.2.8 Employ only those individuals physically and mentally capable of performing in a safe manner.
2.2.9 Comply with the Occupational Safety and Health Act and all other applicable Federal, State and
Local regulations.
2.2.10 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.
2.2.12 Maintain necessary accident records and promptly file the reports required by the State or Federal
authorities and the insurer.
2.2.13 Promptly investigate 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.
2.2.15 Maintain good housekeeping conditions and fire protection equipment.
2.2.16 Maintain an effective equipment inspection and maintenance program.
2.2.17 Provide proper and specific work task training for employees/inmates regarding the hazards of
their jobs and how to work safely.
2.2.18 Correct unsafe work habits of employees/inmates as soon as they are observed.
2.2.19 Eliminate unsafe conditions under their control and promptly report those they cannot eliminate
to the proper authority.
2.2.20 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.
k
:1
STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADC Contract No. 20-029-25
HEALTH PLAN
2.2.21 Ensure each employee/inmate understands that violations of the project safety program will not
be tolerated and that proper disciplinary action will be administered, including removal from the
Project for violation of safety policy.
GENERAL SAFETY REQUIREMENTS
3.1 Laws and Regulations:
3.1.1 Responsible project management representatives shall comply with and enforce all local, state
and federal laws, rules, statutes and regulations of governing 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 project for visitation.
3.2 Audit Procedures:
3.2.1 All documentation regarding 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.
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; i.e., gas, water, sewage, electrical,
telephone, or pedestrian 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
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.
4.1.2.2 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 materials that could adversely affect their respiration, or are subject to electrical
shock 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 Contract No. 20-029-25
HEALTH PLAN
minutes, the Project Manger must adhere to the OSHA rules and regulations, 29 CFR 1926.50,
regarding medical response for a construction site.
4.1.4 The Project Manager's emergency procedures should be reviewed regularly and, where
necessary, adjusted to provide maximum effectiveness.
Protection of the Public:
4.2.1 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
project 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
permitted 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 Manager s shall protect the public with appropriate
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, flammable or toxic liquids and gasses,
open flames, energized circuits or other harmful exposures.
4.2.1.3 Sidewalks, entrances to buildings, lobbies, corridors, aisles, doors or exits shall
be kept clear of obstructions to permit safe ingress and egress of the public at all
times.
4.2.1.4 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.
4.2.1.5 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. Perimeter
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. Pedestrian 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
4.3
4.4
STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADC Contract No. 20-029-25
HEALTH PLAN
rigid materials capable of withstanding a force of at least 200 pounds applied in
any direction at any point in their structure. Their height shall be approximately
42 -inches. Top rails and post may be 2 -inches by 4 -inches dressed wood or
equal. Intermediate horizontals rails at mid -height and toe boards at platform
level may be 1 -inch by 6 -inch wood or equal. Posts shall not be over eight feet
apart.
4.2.1.8 Barricades 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. Barricades shall be secured against accidental displacement and shall
be maintained to perform the work. During the period a barricade is removed
temporarily for the purposes of work, a watchman shall be placed at all openings.
4.2.1.9 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.
4.2.1.10 Warning signs and lights including lanterns, torches, flares and electric lights,
meeting requirements of the political subdivision involved, shall be maintained
from dusk to sunrise along guardrails, barricades, temporary sidewalks and at
every obstruction to the public. These shall be placed at both ends of such
protection or obstructions and not over 20 feet apart alongside of such protection
or obstructions.
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 limber and form lumber with protruding nails.
4.3.1.2 Combustible scrap and debris shall be removed at regular intervals. Containers
shall be provided for the collection of scrap, trash and other debris.
Personal Protective Equipment:
4.4.1 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 an indication of the need for using such equipment to reduce the hazard to
employees/inmates. 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 in compliance with regulations
and rules established by the governing regulatory bodies.
4.6
STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADC Contract No. 20-029-25
HEALTH PLAN
4.5.2 Any leakage or spillage of flammable or combustible liquids shall be cleaned up immediately and
disposed of promptly and safely.
4.5.3 Transfer of flammable liquids from one container to another shall require electrically bonding the
containers.
4.5.4 Small quantities of flammable liquids that may be used at various points on the Job Site shall be
handled in approved safety cans.
4.5.5 No smoking, matches, or open flames will be permitted within 50 feet of the area where
flammable liquids are used or transferred, unless conditions warrant greater clearance.
4.5.6 Fuel trucks will properly marked, contents clearly identified, posted and with proper fire
protection.
4.5.7 Fuel tanks over 500 gallons will be diked, grounded, and protected from contact by vehicles on
all sides. Proper identification of tanks and access for measurement will be maintained.
Tools — Hand and Power:
4.6.1 All hand and power tools and equipment shall be maintained in a safe condition. The Project
Manager shall be responsible for the condition of all tools or equipment used by
employees/inmates.
4.6.2 Power operated tools that are designed to accommodate guards shall be equipped with such
guards while in use.
4.6.3 Belts, gears, shafts, pulleys, sprockets, spindles, drums, flywheels, chains, or other reciprocating,
rotating or moving parts of such equipment or tools shall be guarded if such parts are exposed to
contact.
4.6.4 Wrenches shall not be used when the jaws are sprung or worn to the point that slippage occurs.
4.6.5 Impact tool such as wedges 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 tight in the
tool.
4.6.7 All hand-held powered drills, fastener drivers, grinders with wheels greater than 2 -inches in
diameter, disc sanders, belt sanders, reciprocating saws, saber saws and similar operating power
tools shall be equipped with a momentary contact off -on control and may have a lock -on control
provided that turn off can be accomplished with a single motion of the same finger or fingers that
turn it on.
4.6.8 All other hand-held powered tools such as circular saws, chain saws, and percussion tools with
positive accessory holding means, shall be equipped with a constant pressure switch that will shut
off power when the pressure is released.
4.6.9 The use of electrical cords for hoisting or lowering tools shall not be permitted.
4.7
STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADC Contract No. 20-029-25
HEALTH PLAN
4.6.10 Pneumatic power tools shall be secured to the hose or whip by some positive means to prevent
the tool from becoming accidentally disconnected. Each section of supply hose to pneumatic tool
shall also be secured by some positive means to prevent accidental disconnection.
4.6.1 1 Safety clips or retainers shall be securely installed and maintained on pneumatic impact tools to
prevent attachments from being accidentally expelled.
4.6.12 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 safe operating condition and inspected daily for proper braking and
hydraulic systems and tires.
4.7.4 Dozer, loader, scraper, backhoe 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 Attachment #3
INMATE WORK PROGRAMS ADC Contract No. 20-029-25
LETTER OF INSTRUCTION
REQUEST FOR AUTHORIZATION
UTILIZING INMATE WORKERS FOR OPERATION OF OFF-ROAD MOBILE EQUIPMENT
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 inmate workers on Contractor's off-road 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:
1.1 A complete list describing the type(s) of off-road mobile equipment to be operated;
1.2 Identification of specific training inmates will receive for each type of off-road mobile
equipment; and
1.3 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 inmates 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.
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 (OSHA) 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 proposes.
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 signature that
he/she understands the operation and safety issues of each type of mobile equipment he/she has been
trained to operate.
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 authorization 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 State requirements.
CONTRACTOR
Attachment #4
AUTHORIZED WORK LOCATION (s) ADC Contract No. 20-029-25
Town of Marana
Roadside, frontage road and median clean-up along I-10 from Orange
1
Grove Road north to the Pinal County Line
Marana, Arizona
Town of Marana
Streets and Right -of Ways within the Town limits and the Marana Water
2
Service Area, the duties include landscaping, trash removal, and tree
trimming
Marana, Arizona
Town of Marana Parks, Paths, Trails and Trailheads for:
Town's Heritage Park project
1.2375 N. Heritage Park Drive
Continental Ranch Community Park
8900 N. Coachline Blvd.
Continental Reserve Community Park
8568 N. Continental Reserve Loop
Crossroads at Silverbell District Park
7548 N. Silverbell Road
El Rio Neighborhood Park
10160 N. Blue Crossing Way
**3
Gladden Farms Community Park
12205 N. Tangerine Farms Road
Marana Heritage River Park
1.2375 N. Heritage Park Drive
Ora Mae Harn District Park
13250 N. Lon Adams Road
San Lucas Community Park
14040 N. Adonis Road
Wade McLean Neighborhood Park
8000 N. Silverbell Road
Work will be performed by the inmates weekly, Monday -Friday
Marana, Arizona
**4
Marana Operations Center
5100 W. Ina Rd. Marana, AZ 85743
**5
Fleet Shop
5100 W. Ina Rd. Marana, AZ 85743
Town Shops and Yards
**6
5100 W. Ina Rd. Marana, AZ 85743 and
12775 N. Sanders Rd., Marana, AZ 85653
**7
Marana Municipal Complex
11555 W. Civic Center Dr. Marana, AZ 85653
**8
Marana Senior Center
13250 N. Lon Adams, Marana, AZ 85653
**9
Marana Regional Airport and Airfield
11700 W. Avra Valley Rd., Marana, AZ 85653
**10
Marana Reclamation Facility
14393 W Luckett Rd Marana, AZ 85653
CONTRACTOR Attachment #5
AUTHORIZED WORK LOCATION (s) ADC Contract No. 20-029-25
DAILY INMATE ROSTER(s)
ADC Contract No.: 20-029-25
Contractor: Town of Marana Site Location:
Private Prison: MCCTF Owned and Operated by Management & Training Corporation
Reporting Date:
(MM/DD/YY)
Authorized Signature Date
Original to Institution Providing Labor
MCCTF
Attn: Business Manager
P.O. Box 940
Marana, Arizona 85653
INMATE NAME
INMATE NUMBER
HOURS
WORKED
SIGNATURE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Authorized Signature Date
Original to Institution Providing Labor
MCCTF
Attn: Business Manager
P.O. Box 940
Marana, Arizona 85653
CONTRACTOR Attachment #6
AUTHORIZED WORK LOCATION (s) ADC Contract No. 20-029-25
MONTHLY PAYMENT DETAIL
ADC Contract No.: 20-029-25
Contractor: Town of Marana Site Location:
Private Prison: MCCTF Owned and Operated by Management & Training Corporation
Reporting Date: From: To
(MM/DD/YY) (MM/DD/YY)
#
INMATE NAME
INMATE
NUMBER
RATE OF
PAY
HOURS
TOTAL PAY
1
$
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
E20
TOTAL
$
Authorized Signature
Original to Institution Providing Labor
MCCTF
Attn: Business Manager
P.O. Box 940
Marana, Arizona 85653
Date