HomeMy WebLinkAboutResolution 2021-132 Approving and Authorizing the Finance Director to Execute Amendment Two to the Inmate Work ContractMARANA RESOLUTION NO. 2021-132
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE
FINANCE DIRECTOR TO EXECUTE AMENDMENT TWO TO THE INMATE WORK
CONTRACT BETWEEN THE TOWN OF MARANA, THE ARIZONA DEPARTMENT
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 (MTC) for a
number of years to obtain use of inmate labor crews from the Marana Community
Correctional Treatment Facility; and
WHEREAS the Town Council adopted Resolution No. 2020-028 approving the
latest version of the Inmate Work Contract on March 17, 2020; and
WHEREAS the Town Council adopted Resolution No. 2020-063 executing
Amendment One to the inmate contract on June 16, 2020 granting MTC broader
discretion to prohibit work assignments for inmates when there is a likelihood of risk to
the health or safety of the public, inmate workers, or MTC staff; and
WHEREAS the parties wish to execute Amendment Two to inmate contract to
add COVID-19 restrictions; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best
interests of its citizens to amend the Inmate Work Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Amendment Two to 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.
Marana Resolution No. 2021-132 - I -
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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 21st day of September, 2021.
Mayor Ed Honea
ATTES
Cherry L. L wson, Town Clerk
APPROVED AS TO FORM:
r .
Jane Tall, Town Attorney
MARANA AZ
ESTABLISHED 1977
Marana Resolution No. 2021-132 2
Exhibit A to Marana Resolution No. 2021-132
Contract Amendment State of Arizona
Department of Corrections,
Contract No.: 20-029-25 ADCRR Tracking No.: NA Rehabilitation, and Reentry
1645 West Jefferson Street
m
Contract Title: IWC -Support of public work projects- ASP-Marana Phoenix, AZ 85007
Contract Amendment No.: 2 Date: August 9, 2021 Contract Officer: David Brackney
Town of Marana
11555 W. Civic Center Drive
Marana, Arizona 85653
Attn: Yiannis Kalaitzidis, Finance Director
The following information relating to COVID-19 is being amended into the Contract, effective immediately.
2.26 That any of Contractor's employees who have, or may have, contact with any inmate
workers or ADCRR staff who have contact with the inmate workers, are required to
provide proof of a negative result from a test for infection of the COVID-19 coronavirus
(SARS-CoV-2) within a preceding time period as required by ADCRR (which may
normally range from one (1) week to one (1) month). Such test results must be confirmed at
least two (2) days before Contractor's employee is expected to have contact with inmate
workers or ADCRR staff who have contact with the inmate workers. Contractor is
responsible for the testing, testing costs, and confirmation of test results to ADCRR.
2.26.1 Contractor shall notify ADCRR within two (2) hours upon learning that any of its
employees associated with this work program has received a positive COVID-19
test result, along with all relevant information.
2.26.2 This will be an ongoing requirement, requiring such employees to be tested on a
frequency determined by ADCRR requirements as long as they continue to have,
or may have, contact with the inmate workers or ADCRR staff who have contact
with the inmate workers. The validation of ongoing negative test results must be
provided to ADCRR's Prison Operations and accepted by ADCRR in a time frame
acceptable to ADCRR.
2.26.3 For the purposes of these provisions, "contact" shall mean being within twelve
(12) feet of another person at any time, or having the potential to be within that
distance of another person at any time. ADCRR shall exercise its sole discretion in
resolving any questions or disagreements about whether contact is occurring or
may occur.
2.26.4 ADCRR will provide inmate workers with a face cover to assist with virus
protection. Any additional COVID-19 related PPE (such as plastic or rubber
gloves, hand sanitizer, etc.) shall be considered as part of the PPE referred to in
Section 1. 1, and shall be provided by Contractor as determined by ADCRR.
2.26.5 All test results shall be from a medical provider acceptable to ADCRR.
2.26.6 All testing shall be a diagnostic molecular, or antigen, type of test for current
infection (not an antibody test). If an antigen test is used, it must be of the type
using the BinaxNOW COV ID- 19 Ag CARD authorized by the FDA, or any other
antigen test type which may be acceptable to ADCRR.
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Exhibit A to Marana Resolution No. 2021-132
Contract Amendment State of Arizona
Department of Corrections,
Contract No.: 20-029-25 ADCRR Tracking No.: NA Rehabilitation, and Reentry
1645 West Jefferson Street
wi Contract Title: IWC -Support of public work projects- ASP-Marana Phoenix, AZ $5007
«�
Contract Amendment No.. 2 Date: August 9, 2021 Contract Officer: David Brackney
2.26.7 Specific testing and other related requirements above are subject to change
depending on new guidance from the federal U.S. Centers for Disease Control and
Prevention (CDC), State of Arizona guidelines or directives, ADCRR policy
changes, and/or any other dynamic aspects of the COVID-19 pandemic. Upon
notification, Contractor shall abide by and carry out revised written direction from
ADCRR. Whenever ADCRR determines any guidelines or conditions impacting
this Contract must be tightened or may be relaxed, Contractor will likewise be
informed of any changes in writing (to include via email).
2.26.7.1 Contractor's employee(s) who have been fully vaccinated against the
COVID-19 coronavirus are not subject to the requirements for testing
and proof of negative test result(s) stated in Sections 2.26 and 2.26.2
above; however, the following provisions shall apply to Contractor's
employee(s) who have, or may have, contact with inmate workers or
ADCRR staff who have contact with inmate workers:
2.26.7.1.1 If a fully vaccinated employee becomes symptomatic for
possible COVID-19 infection, or has known exposure to
COVID-19, the required testing and proof of negative test
result(s) stated in Sections 2.26 and 2.26.2 shall apply to
such employee(s) until lifted by ADCRR.
2.26.7.1.2 Contractor shall notify ADCRR within two (2) hours upon
learning that its fully vaccinated employee(s) has become
symptomatic for possible COVID-19 infection or has had
known exposure to COVID-19, along with other relevant
information.
2.26.7.1.3 For the purposes of this relaxation of the requirements,
"fully vaccinated" shall mean that two (2) weeks or more
have passed since Contractor's employee(s) completed the
vaccine series (either single- or double-dose, depending on
the vaccine manufacturer's prescribed usage). Proof of
"full vaccination" is required upon ADCRR request, and
Contractor employee's participation in the work program
may be delayed until such proof is provided.
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Exhibit A to Marana Resolution No. 2021-132
Contract Amendment State of Arizona
Department of Corrections,
Contract No.: 20-029-25 ADCRR Tracking No.: NA Rehabilitation, and Reentry
1645 West Jefferson Street
m
Contract Title: IWC -Support of public work projects- ASP-Marana Phoenix, AZ 85007
Contract Amendment No.: 2 Date: August 9, 2021 Contract Officer: David Brackney
2.26.8 While the above Sections 2.26 through 2.26.7 address specific concerns associated
with the COVID-19 coronavirus (SARS-CoV-2) pandemic, the same or similar
provisions may be applied, without a Contract amendment, in the event some other
type of virus, bacteria, or other public health hazard should bring about the need
for similar efforts to help control or limit the spread of illness or disease to the
inmate population, ADCRR staff, or the public at large. Contractor will be notified
and informed in writing (to include via email), should any such matters arise, and
Contractor will be likewise obligated to abide by ADCRR's direction.
ALL OTHER REQUIREMENTS, SPECIFICATIONS, TERMS AND CONDITIONS REMAIN UNCHANGED
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This Contract Amentlinent bmdtng State Arizona
is not againsi the of unless signed by an authorized representative o the
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CONTRACTOR HEREBY ACKNOWLEDGES
RECEIPT, AGREES AND UNDERSTANDS THE
THE ABOVE REFERENCED CONTRACT AMENDMENT IS
ABOVE AMENDMENT
HEREBY EXECUTED THIS DATE BY THE STATE
Signature of Authorized Representative
Signature of Authorized Representative
Denel M. Pickering
Typed or Printed Name
Typed or Printed Name
Title:
Title: Chief Procurement Officer
Date:
Date:
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