The URL can be used to link to this page

Home My WebLink AboutResolution 94-016 AZDOC IGA FOR Construction and Operation of Community Treatment FacilityRESOLUTION NO. 94-16 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER INTO A CONTRACT WITH THE ARIZONA DEPARTMENT OF CORRECTIONS PROVIDING FOR THE CONSTRUCTION AND OPERATION OF THE COMMUNITY TREATMENT FACILITY WHEREAS, the Arizona Department of Corrections and the Town of Marana desire to enter into an Agreement which would provide for the construction and operation of the Community Treatment Facility located within the town limits of the Town of Marana; WHEREAS, pursuant to A.R.S. §11-951 et. seq. the Town and the State of Arizona are expressly authorized to enter into intergovernmental agreements. BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Town of Marana enter into an agreement with the Department of Corrections providing for the construction and operation of the Community Treatment Facility located within the limits of the Town of Marana and that the Mayor is hereby empowered to execute the agreement on behalf of the Town of Mararia. P~SSED AND ADOPTED by the Mayor and Council of the Town of Mararia, Arizona, this ,q-w,7 day of luly, 1994. May~r~;~~) ATTEST: Town Attorney Resolution No. 94-16 Page 1 of 1 A.G. Cor;,~ract_ , j(.I I,'} ....1 // ...., - "0' \ r - - / _/_ _J ./ .". . "-- I': C. Contract No: DC-CCD-PRlV-94/98-64i8 STATE OF ARIZONA DEPARTMENT OF CORRECTIONS 1601 West Jefferson Phoenix. Arizona 85007 AGREEMENT CONSTRUCTION, OPERATION AND MAJ."lAGEMENT OF A PRIVATE SECURE CORRECTIONAL FACll..ITY This Agreement is entered into between Management and Training Corporation, he::einafte:: referred to as MTC, and the Director of the Arizona Department of Corrections. hereinafter known as the Dep.anment_-"___ . ---. This document. including the General Provisions, Scope of Services, Special Provisions, attachments, including any amendments or modifications, shall constitute the entire Agreement between the panies and supersedes all other understandings, oral or wrinen. IN 'YVITNESS WHEREOF, th.e parties he::em agree to carry out the terms of this Agreemem. Date Additionai Sig:natures as Aoolicable ~ ~~ /d.'/7''/3 Sj~e. /' - D... Ell~ene R. Moore Typed Name Assistant Director. Communirv Corrections Division Typed Title gnature Au onzed Vern R. Burton Typed Name Vice President, Administrative Services and Secretan' Typed Title 3293 Harrison Boulevard, P.O. Box 9935 Orrden. Urah 84.409 Address ..-~---' ;~~'"':;'- Signature Date Typed Name Typed Title Director Typed Title /7, /7.q'3-- 100'" , ~,...,.::J. Approved as to form this 9~ day or ~-4"~ GRANT WOODS The Attorney General By: D. ~ Contract No: 6478 SCOPE OF SERVICES Page-L Procurement Authority: A.R.S. 41-2534 Authority to Contract D.C: A. R.S. 41-1604 et. seq. Authority to Contract Contractor: Tennination Date: Three Years from date of receipt of first inmate WITNESSETH WHEREAS, Arizona Revised Statutes 41-1609 and 41-1609.01, as amended by the F:ortieth Legislature of the State of Arizona, Eighth Special Session, l.992 --authorized the :bePa.!~lliient to enter into contracts with private enterprise for the operation and management of secure community treatment beds, and WHEREAS, the Department issued Request for Sealed Proposai (RFP) Number 6412 for the operation, management and maintenance of a secure facility for the housing and treatment of inmates commined to the Department who have demonstrated a need for substance or alcohol abuse intervention, and WHEREAS, MTC did respond to the. solicitation and was subsequently detennined to have the expenise, experience and resources to provide such services, and WHERE.<\S, during the first regular session, 1993 the Legislature sited a private secure community treatment facility for 100 females and 350 males on a site in the Town of Marana to be approved by the Town Council, and WHEREAS, on September 7, 1993 the Marana To:vn Council did approve a development plan for a facility to be operated by MTC, NOW, THEREFORE, the Department and MTC do hereby agree as set fonh herein. .~"":"'';''~-_'' ::---;=r~~~'-~' '~~<l:_~.. - -.'~ ARTICLE I DEFINITIONS For the purposes of this Agreement. the following definitions as well as those definitions provided in the General Provisions which do not conflict shall apply: ACA - The American Correctional Association ACA STANDARDS - The standards for Adult Correctional Institutions as published by ACA (third edition, Pan Two, Physical Plant. January 1990 as heretofore supplemented. D ..C- Ccntract No. 6478 CONTINUATION SHEET PageL ADDITIONAL SERVTCES - Those operation or management services that may be required to be furnished by MTC pursuant L.O Court Orders/Decrees or Department policies that are in addition to those in effect as of the date of execution of this Agreement and cause an increase in the cost of operating and managing the secure facility. ALCOHOL ABUSE TREATMENT FUND (FUND) - A fund authorized by A.R.S. 31-255 into which the Department deposits monies earned for work performed on public works activities by persons sentenced to the Department pursuant to A.R.S. 28-692.01 or 28-692.02. ALEOAC - Arizona Law Enforcement Officers Advisory Council. The council that approves . the_co~ctional officer training curriculum, establishes minimum standar~fuF.correctional officers and issues certificates of completion to persons successfully complying with established standards and training. A.R.S. - Arizona Revised Statutes. ASSISTANT DIRECTOR. COMMUNITY CORRECTIONS DMSION - Deparnnent employee charged with managing this Agreement and providing direction to MTC relative to the Agreement. CONTRACTS ADMINISTRATION OFFICE - Office within the Department of Corrections charged with the responsibility of managing and maintaining professional services contracts and, as such, serves as the official repository for all professional service contracts entered into between the Depamnent and private entities. COTA - Correctional Officer Training Academy of the Depamnent. COURT ORDERS - Any orders or judgments issued by. a court of competent jurisdiction and any stipulations, agreements or plans entered into in connection with litigation that are applicable to the operation, management or maintenance of Deparonent or privatized facilities and relative to the treatment or custodial care of inmates. :2-~~~". DEADhlT PHYSICAL FORCE - That degree of force that is used for the purpose of causing death or serious physical injury, or in the manner of its use or intended use is capable of creating a suhstantial risk of causing death or serious physical injury. D EP AR TMENT - Arizona Department of Corrections. " DEPARTMENT CONTR..A.CT MONITOR - Department assigned Deputy Warden who serves as the liaison between the Department and MTC regarding maners that arise as a result of the daily monitoring of the services authorized by this Agreement. DEP ARTMENT POLICY - Department regulations issued by the Director which govern the administration and operation of the Department consistent with statutes. rules and sound correctional practices. --- ............ Lontract 6478 COntinuation Sheer - 3 DIRECTOR - The Director of the Arizona Department of Corrections - DIRECTOR'S MANAGEMENT ORDERS (DMOs) - Wrinen management directives issued by the Director which function as temporary policy to address urgent problems or emergency situations. D PS - Arizona Department of Public Safety. The State agency responsible for licensing Security Agencies and Security Guards (Officers). DUI - Driving while under the influence of intoxicating liquor or drugs. EVENT OF D EF A UL T - Events or circumstances relative to the failure "i'"emier patty hereto ~ to perform a legal or contractual duty as set forth in this Agreement. ..... ':'J."~_.._,_ FINANCIAL SERVICES PROCEDURES - Procedures developed in accordance willi ~ Department Policy to. provide. standardized methodology for accountability ang cQf]lrOl in the areas of accounting, budget, facility administration, payroll. purchasing, contracts and suppon . services as sucb are designated by the Deparnnent as being relevant to the operation, management and maintenance of privatized facilities. GENERAL PROVISIONS - Those standard contract provisions required by the Depamnent and are made a pan of this Agreement. INITIAL OCCUPANCY - That period from the date of initial OCCUpaucy of the secure facility until ninety five percent (95 %) OCCUpancy of the facility is achieved. ,.. ".'C. ~. INMA TE - Auy adult male or female cOmmitted to the Deparnnent who qualifies in aCCOrdance willi Deparnnent screening criteria for assignment to a privatized secure facility operated under the authority of this Agreement. ~ INMATE DAY - Each Q,lendar day, or pan thereof, during which an inmate is' ~igned to .~ privatized facility. The Deparnnent shall pay for the day the inmate is received at the facility, but not for the day the inmate is released from the facility. . . ~' ____ __c:-.'-'::''';::~ ___ !1'iMA~G CRITERIA: Deparnnent requirements for the assignment of an inmate to a privariZ'ed facility. f . INMA TE WAGES - Compensation that can be earned by inmates in accordance with A.R.S. 31-254 and the Department's Work Incentive Pay Plan (WIPP). IN-SERVICE IRArNING - A minimum of 24 hours of training required to be provided by MTC on an annual basis to meet the recurring training needs of staff. INTERNAL MANAGEMENT PROCEDI!REs (IMPs) - Directives and guidelines based on Deparunent policy which are developed and signed by the Chief Executive Officer of an institution/facility, bureau or other specialized unit. lJC C _lotr _ . Commualio J ~e[ < j. to all :);z . .;.plated by MTC as security officers. Such trauung shall consist of 252.5 academy nul!'t:s followed by at least 40 hours of on-the-job (OIT) training under direct supervision of an experienced security officer. PUbLIC WORK ACTIVITIES - Activities perfonned by inmates for other public entities relevant to the maintenance, construction or adaptation of public land or any building, structure, erection or improvement on public land including roads, flood control projects and parks. RFP 6412 - Solicitation issued by the Depanment of Corrections for the pri-.Tatization of 450 secure Community treatment beds to be used for the housing and treaanent of iru-nates committed ; to the Depamn.en! who have demonstrated a need for substance or alcohol abuse intervention. -.:....~ Q412jnclud.es infonnation provided by rne Department in four bound... vrytrl!!le:: try inter!"c:;ted -'. ~ \.:;:~.,.~.~~l.-' :?Zi't~.s~.~~~~~"':~'~;~{,.~~~i[.~:',.::;'<>~I~'~~:::~-,-~:;/:J\i' J':j ;;.'." ;:.-: ='.~ ? { ,.",..,__f'>'~. .'-'-11' -'~'."-"""~"t""'. . :\,... ,-- "'P",' . "'- ". '. '..' . . '_". '!..~f':IIi.J ....l~. P ."'.:.... "<.' ....;;;~..\~o~..o..~..-_...,...~,....-.~.:~~,...!:'.!";ll.l"'..;>>..~...- ~""",~<:!:~'~:"V".:\..v..."'-""'" ........ .'_ .":~~f' ...,..{".......:..~~,~~9'..';...-.\{;1}, .....JI'. ~.,..........."!'V...J,.~,.,.~l"-='__-., .~........c....... ..... ~,.,~........- ~~~;....~.",...,.........u.:A..'.,j.Ju.:O.... ~anag.ed .by MTC,for ti".;: .Depart.JfI~.i1f;l!.u.tiet'1he ~~.ll::hority''Of!his A'gree1t1t:':\.' ror tile purposes of this Agreement the' sfugular reference to' secure4aciliry shall mean the separate buildings located on the same land parcel 'to house female ancf'male inmates. SECURrr'{ AGENCY - An agency to-whom a lIcense 'haS.'been.:~'~ -J ~ 'Depamnent of Public Safety in accordance with Arizona Revised.Stamre::. Tirl~ 32. ( Anicle 2 SECt ,"?,i'-:-~: _' FFICER - An MTC employee to whom '3. '." regiscratiGn.cc-r.fu:ate" has been issuerl by th~ Arizona D.eparunem of Public- Safety 'in~.wiu'1:.A:~~~ - Titl~ ~- 26, Articie 3 SERV1CE~'~,,-o'~iF1CAil~'"'-iS -TnoseService Specif~riIlduded withRFP Mll which set fonh the mimmum requirementS of the Depamnent fo1Z delivery'of services 'relative to the op.ernion. of tb.e.secure facilitY:l.!;l~..tb,,: .?!'".Qvi$i!ln .('If. tbr.).1.Jh.c;.tauce._abu'5e;;-e'.atmepr p!'C'g!"?.!" . >vithin the seL."lli'e' faciiir-y' . . '. '~'''J~''''''~'--''~~-- - ".-' '"\ .~"':'~..._,--....>" 'L ' ~ . ..'.._., ", ...' '4.'>.~ . '.~ "".. .-o.y..~"!..~,_~';~i.::;;.o:;.a':i,-dl~"';"!.""<__"'-~","r.' O' ~.. '.~_. ~ . -:'.1 . i4......~.....~. .,.".fa ...I. '*,....... ~......."""_~.._.~'"ol'\.--'.,.......-,._ . "",,~,,';t'~>-~--~~';'~ '<";' ... '-"', ~'. . ,~,'..~...;.~'~'~'~'~""", ..;;....,..)00,- ~..... ...... ...~,. ... '.. . '.'.': .. ...o~...' ~..".......,~~lo ::,G~,...'J~q,;J"-;'~s..~..l:>;':1>-~." ?_.I........, ........;..\,~:.-;;F.r ....~.~.. ''llrr~._.';:,:;"..'i'-?'"",;-" '. '. - :'~-=nre 1aciliIy. 'S~Pmpose'Reccids include, at least. th~field' file as well as' medical and ~3lion ~s. . ~nCLE II . TERM OF THE AGREEMENT 2.1 This Agreemem shall be fully executed when all signamres are affixed. .., ... The Agreement shall terminate three (3) years after receipt of the first inmate by MTC. unless terminaterl earlier as perminerl herein or renewed as indicated below. DC Contract 6478 _ .Continuation Sheet 6 2.3 This Agreement may be terminated if at any time during the term of the Agreement, or any period of renewal MTC is not able to provide porable water to the secure facility at an adequate level and quality to serve the needs of the facility and the assigned inmates. The Deparnnent shall not be penalized nor prohibited from pursuing all remedies available by law if it is determined necessary to terminate the Agreement for such reasons . 2.4 At the Depanment's option, this Agreement may be renewed in accordance with A.R.S. 41-1609.01 K., L. and M. 2.4.1 Two (2) years after receipt of the first inmate, an evaluation shall be initiated by a third parry to determine the performance of MTC in providing similar services to those offered by the State. 2.4.2 At least those factors listed in Article VII of this Agreement shall be presented to the Director and JLBC relative to the performance of MTC during the previous period. 2.4.3 If it is determined by the Director that the renewal term option shall be exercised, negotiations for cost or price adjustment may be conducted by the Depamnent with MTC relative to the provision of contracted services superior in quality to service provided by the State at essentially the same cost as the State. 2.4.3.1 If cost or price adjustments are recommended as a result of negotiations, such recommendations shall be made in accordance with A.R.S. 41-1609.01 F. 2.4.4 If the Agreement is to be renewed, a formal Amendment shall be prepared and executed in accordance with Article IX prior to the termination dare of the Agreement. The amendment shall reflect any negotiated change in services and the amended termination date as well as price or cost adjustments authorized by the Legislature, if any. 2.4.4.1 If the Agreement is not renewed, the Department shall remove all inmates from the MTC facility no later than the date of termination. 2.5 This Agreement may be terminated as authorized herein. " ARTICLE III GOVERNING LAW and POLICIES AND PROCEDURES 3.1 This Agreement shall be construed in accordance with Arizona law, including the Arizona Procurement Code and its implementing rules. Arizona Administrative Code (A.A.C.) Title 2, Chapter 7. Each provision of law and any terms required by law to be in this Agreement are a part of this Agreement as if fully stated in it. DC Contract 6478 Continuation Sheet 7 3.2 MTC shall be recuired to become licensed as a security agency in accordance with Arizona Revised Statutes, Title 32, Chapter 26, Aniele 2, Sections 32-2611 through 32- 2615 at least thiny (30) days prior to the receipt of the first Deparunenr assigned inmate and to remain so licensed for the te::m of this Agreement, including tenn of renewal, if any. 3.3 MTC shall construct the secure facility to accommodate at least those functional areas listed in RFP 6412, Service Specification Secure Facility, Objective II. The facility and associated suppon systems shall be constructed in accordance with applicable laws, rules, standards, codes, etc., to include at least the following: 3.3.1 ACA Standards as defmed herein 3.3.2 Plans and specifications as sealed by an licensed registranr. 3.3.~ Applicable Federal, State and local building, health, safety and fire codes. 3.3.4 Requirements of the Americans with Disabilities Act 3.3.5 Requirements of Federal and State regulatory agencies 3.4 MTC shall operate the facility in compliance with all Federal, State and local laws, rules, regulations and codes relative to fire, health and safety issues. 3.5 This Agreemenr, which incorporates by reference the requirements of RFP 6412 and the offer contained in MTC's proposal, shall govern MTC performance relative to the construction, operation and maintenance of the facility as well as govern the care, custody and treannent of inmateS assigned to the secure faciliry. In the event of conflict, the terms of the Scope of Services shall prevail over the Special Provisions, General Provisions or any anachments to this Agreement. The requirements of RFP 6412 shall prevail over the offer contained in the MTC proposal. 3.6 Applicable Deparnnenr Policy, Director's Management Orders, Division Orders, Internal Management Procedures, Financial Procedures, Cuun Orders, Adminisu.-ative Rules and Federal or State requirements of law shall govern MTC performance relative to the custody and supervision of inmates. 3.6.1 Unless othenvise specified herein, at least ninety (90) days prior to receipt of the first DeDamnent assigned inmate, MTC shall submit for DeDartment aooroval .. - .. .. .. written procedures. post orders and manuals as specified in RFP 6412 to support applicable Depamnenr policies. IMPs, DMOs, Financial Services Procedures, training curriculum and Service Specifications. 3.7 During the tenn of this Agreement when changes occur to existing Depamnent policies, IMPs, DMOs, Division Orders. Financial Services Procedures, Administrative Rules, courses or curriculum that are de~ermined to be relevant to the operation of the secure facility, the Depamnent shall. via the Depamnent Contract Monitor, notify MTC in wntmg. 3.7.1 After the Depamnent' s initial approval of the required MTC procedures and post orders. subsequent Deparnnent requested changes to MTC documents shall be made within twenty (:0) calendar days after the need for change is identified or DC Contract 6478 Continuation Sheet 8 requested. 3.7.2 MTC initiated requests for change to Department approved MTC Procedures or Post Orders shall be directed to the Department Contract Monitor for approval or disapproval action by the Assistant Director, Community Corrections. Each request shall be accompanied by written information that details the reason for the desired change and a description of the impact on the current operation if the change is or is not authorized. 3.8 When NEW Department policies, IMPs, DMOs, Division Orders or Administrative Rules are issued or new Coun Orders/Decrees are issued by a Court of jurisdiction that have a bearing on this Agreement, the Deparnnent shall provide MTC with a copy of the executed document. 3.8.1 MTC shall prepare new procedures or post orders for approval by the Deparnnent's Assistant Director, Community Corrections Division in order to ensure implementation within the time frames stipulated in the Department issued document. 3.8.2 Payment for costs relative to additional services required of MTC as a result of Department Policies. IMPs, DMOs, Division Orders or Coun Orders/Decrees or Administrative rules implemented after execution of this Agreement shall only be authorized if approved in accordance with the requirements of A.R.S. 41- 1609.01 B. and Aniele IX of this Agreement. 3.9 The following responsibilities shall be administered by Department staff only: 3.9.1. 3.9.2 3.9.3 3.9.4 3.9.5 3.9.6 Calculating inmate release and parole eligibility dates Calculating and awarding sentence credits Approving inmate furloughs and work refeases Granting, denying or revoking inmate sentence credits - - - - Taking any disciplinary action Placing an inmate under less restrictive custody or more restrictive custody. 3.10 Actions and activities provided by MTC staff in accordance with Department Policy No. 500.1 Inmate Classification shall require final signatory authorization from appropriate Department staff prior to implementation. MTC shall submit recommendations for ciassification actions to the Deparnnent Contract Monitor for acquisition of approval and signature authorization from appropriate staff within the Offender Services Bureau of the Department. 3.11 Actions and activities orovided bv MTC s starf in accordance with disciplinarv rules for .. - .. ., the Arizona Department of Corrections shall require final signatory authorization from appropriate Department staff prior to implementation. MTC shall submit recommendations for disciplinary actions to the Depanment Disciplinary Coordinator for acquisition of approval and signature authorization. DC Conu"act 6478 Continuation Sheet 9 ARTICLE IV RECRtJ1TMENT/HIRING/ST AFF TRAINING Recruitment/Hirin2: 4.1 MTC shall comply and shall ensure that authorized subcontractors comply, during the term of this Agreement, with all federal and state laws, regulations, rules, executive orders, etc. relative to recruitment and hiring practices. 4.1.1 All solicitations or advenisements for employment issued by MTC and their authorized subcontractors shall state that unless there is a bonafide occupational qualification. all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age (except as provided by law), marital statuS, political affiliation or disability status. 4.1.2 MTC shall conduct employee recruitment and hiring activities for all MTC positions, inclusive of security staff, in accordance with information provided in the MTC proposal entitled, Secure Facilitv Staff, Paragraph F. in its entirety. 4.1.3 The Position Descriotions contained in Appendix 16 of the MTC Proposal provide descriptions of essential work tasks, responsibilities, skills, knowledge and abilities as well as minimum qualifications for each type of position indicated on Attachment #1, Staffinl! Pattern. Only those applicants who possess the required minimum qualifications, licenses, cenifications, diplomas or degrees specified on the Position Descriptions shall be hired by MTC or their authorized subcontractors . 4.1.3.1 Security officers hired by MTC shall be at least 21 years of age and shall not have a record of any felony convictions. 4.1.3.2 Personnel hired by MTC for the positions listed below shall be registered by DPS as a security guard (officer) in accordance with the requirements of A.R.S. Title 32, Chapter 26, Aniele 3 prior to initiation of service. Additionally, MTC shall ensure that each security officer shall, prior to assuming job responsibilities, have passed all required physical and psychological examinations as well as attended and successfully completed required preservice security officer training, to include firearms and physical fitness training and 40 hours of OJT. MTC designated security officer positions: Inmate Activities Manager Staff Training Specialist Monitoring & Accountability Supervisor Residential Monitor II DC Contract 6478 Continuation Sheet 7 3.2 MTC shall be required to become licensed as a security agency in accordance with Arizona Revised Statutes, Title 32, Chapter 26, Article 2, Sections 32-2611 through 32- 2615 at least thirty (30) days prior to the receipt of the first Department assigned irunate and to remain so licensed for the term of this Agreement, including term of renewal, if any. 3.3 MTC shall construct the secure facility to accommodate at least those functional areas listed in RFP 6412, Service Specification Secure Facility, Objective II. The facility and associated support systems shall be constructed in accordance with applicable laws, rules, standards, codes, etc., to include at least the following: 3.3.1 3.3.2 ACA Standards as defmed herein Plans and specifications as sealed by an licensed registrant. Applicable Federal, State and local building, health, safety and fIre codes. Requirements of the Americans with Disabilities Act Requirements of Federal and State regulatory agencies 3.3.3 - 3.3.4 3.3.5 3.4 MTC shall operate the facility in compliance with all Federal, State and local laws, rules, regulations and codes relative to fire, health and safety issues. 3.5 This Agreement, which incorporates by reference the requirements of RFP 6412 and the . offer contained in MTC's proposal, shall govern MTC performance relative to the construction, operation and maintenance of the facility as well as govern the care, custody and treannent of inmates assigned to the secure facility. In the event of conflict, the terms of the Scope of Services shall prevail over the Special Provisions, General Provisions or any attachments to this Agreement. The requirements of RFP 6412 shall prevail over the offer contained in the MTC proposal. 3.6 Applicable Depamnent Policy, Director's Management Orders, Division Orders, Internal Management Procedures, Financial Procedures, Court Orders, Administrative Rules and Federal or State requirements of law shall govern MTC performance relative to the custody and supervision of irunates. 3.6.1 Unless otherwise specified herein, at least ninety (90) days prior to receipt of the first Depamnent assigned irunate, MTC shall submit for Department approval wrinen procedures, post orders and manuals as specified in RFP 6412 to support applicable Department policies, IMPs, DMOs, Financial Services Procedures, training curriculum and Service Specifications. 3.7 During the term of this Agreement when changes occur to existing Depamnent policies, IMPs, DMOs. Division Orders. Financial Services Procedures, Administrative Rules, courses or curriculum that are determined to be relevant to the operation of the secure facility, the Depamnent shall, via the Department Contract Monitor, notify MTC in wmmg. ~. ; .1 After the Department's initial approval of the required MTC procedures and post orders. subsequent Department requested changes to MTC documents shall be made within twenty (20) calendar days after the need for change is identified or DC Contnct 6478 Continuation Sheet 10 4.1.3.3 4.1.3.4 4.1.3.5 4.1.3.6 Residential Monitor I Transportation Officer MTC staff employed at other correctional facilities operated by MTC may submit applications to be transferred to the secure facility authorized herein provided that they are qualified as indicated in this Article. Failure by any applicant to pass a background check shall exclude the applicant from transferring to the secure facility. Failure by an applicant for a security officer position to pass anyone or all of the requirements listed below shall exclude the applicant from being a security officer authorized by this Agreement. Medical examination at fifty percent (50%) level Psychological examination Successful demonstration of proficiency in firearms and self- defense as well as physical fitness at the fifty percent (50%) level A competency based exam Has at least one year current experience equal to or greater than a Correctional Officer (Residential Monitor I) or experience that includes custodial responsibilities for incarcerated inmates Depamnent approval as a result of background checks. All health care professionals, to include technicians as well as mental health professionals, must be licensed or certified in accordance with Arizona Revised Stanltes. Written approval must be obtained by the Contract Monitor from the Deparunent's Assistant Director, Health Services regarding acceptable qualifications of each provider before initiation of services under this Agreement. Instructors of adult inmate education courses as defmed by Depanrnent Policy 302.1.5 shall be certified as instructors by the Arizona Department of Education (DOE) prior to initiation of servIces. Qualifications of MTC personnel who serve as chaplains must be approved by the Depanrnent's Administrator of Pastoral Activities whether such personnel are employees, volunteers, subcontractors or independem contractors. Depamnem approval of qualifications must be obtained prior to initiation of services. 4.1.4 If MTC or an authorized subcontractor desires to establish positions in addition to or other than those idemified on Attachment #1, a Position Descrimion form provided with this Agreement as Attachment #2 shall be completed and submitted to the Deoamnem Contract Monitor with a letter statim! the reason for . - the proposed position. associated costs for the position and projected impact. if any, on the per diem rate authorized by this Agreemem. DC Contract 6478 Continuation Sheet 4.1.4.1 11 4.1.4.2 State of Arizona Position Specifications shall be used when determining essential work tasks, responsibilities, skills, knowledge and abilities as well as the minimum qualifications of each requested position. The Department's Contract Monitor shall forward MTC requests for additional or other positions to the Assistant Director, Community Corrections Division for approval/disapproval. 4.1.5 Changes in position allocations which result in price adjustments shall not be implemented unless authorized in accordance with Article IX of this Agreement. 4.1.5.1 If additional or other positions are approved, Attachment #1~ Staffing Pattern must be revised to reflect the authorized changes as specified in Paragraph 4.1.6.2. 4.1.6 If MTC or an authorized subcontractor desires to reallocate positions identified on Attachment # 1 at no cost to the Department, MTC shall submit a request for such proposed reallocation to the Department Contract Monitor. Such requests shall be accompanied by information that thoroughly describes the reason and purpose for such changes and that proposed change will not negatively impact the mission of the facility as set fonh in this Agreement. 4.1.6.1 4.1.6.2 The Assistant Director, Community Corrections shall approve/disapprove all requests for position reallocations. If requested changes are approved, MTC shall, within twenty (20) days after receipt of written approval, submit a revised Attachment #1, Staffim! Pattern to the Assistant Director and the Department's Contracts Administration Gffice for incorporation into the Agreement. The revised Attachment #1 shall replace the current Staffing Pattern, however, the former Staffing Pattern shall be maintained with the Agreement to reflect the previous agreement. 4.1. 7 MTC shall conduct recruitment and hiring activities to ensure staff vacancies, including subcontractor staff vacancies, are filled within thirty (30) days after the date the vacancy occurs and to ensure that the number of personnel hired does not exceed the number and types (classifications) of positions indicated on Attachment #1. MTC shall ensure that authorized subcontractors have plans to provide immediate relief to vacant positions if necessary, and to actively recruit to fill positions within the specified time frame. 4.1.7.1 When a vacancy occurs in a position that is determined to be critical or a vacancy impairs the effectiveness of service delivery or the secure operation of the facility, MTC shall be required to fill the position immediatelv upon written notice by the Department Contract Monitor. Such positions shall be filled by use of overtime or DC Contract 6478 Continuation Sheet 12 qualified temporary staff. , 4.1.7.2 Positions required to be registered as security officers as well as positions that provide food services and substance abuse treatment services are deemed critical positions and shall be required to be filled immediately by use of overtime or qualified temporary staff. 4.1.7.3 If unforeseen or unavoidable circumstances prevent hiring of positions within thirty (30) days after the vacancy occurs, MTC shall ensure documentation is maintained to reflect due diligence on the pan of MTC or the subcontractor to fill the vacant position(s) from time of vacancy until the position(s) is filled. 4.2 Those positions listed on Attachment #1 of this Agreement reflect MTC positions as well as subcontracted positions for food service, substance abuse treatment services, medical, dental and mental health services authorized by this Agreement. Prior to MTC's receipt of the first Department inmate, staff hired for the listed positions shall have attended and successfully completed pre-service training required by this Agreement as applicable to each type of position, e.g., security/non-security. 4.2.1 Staffing patterns for providers of medical, dental and mental health services shall be contingent upon patient waiting times to be seen by the respective health professional. Medical, dental and mental health providers shall be available for scheduled appoinnnents a minimum of two days per week and shall be on-call and available within 30 minutes of the facility, 24 hours per day, 7 days per week for coverage in emergency situations. If waiting times are determined to be excessive, MTC shall increase the availability of the providers to ensure that waiting times are at acceptable levels, as approved by the Department's Assistant Director, Health Services. Any costs associated with increased availability of health providers shall be borne by MTC.~ 4.2.2 MTC shall ensure that mental health services shall be provided by a licensed clinical psychologist with the availability of a licensed psychiatrist, should the need arise. 4.2.2.1 With regard to Attachment #1, the term mental health consultant shall mean licensed clinical psychologist. 4. ~ . ..) Those services and benefits identified in MTC's proposal under the Section entitled Secure Facility Staff, Paragraph H., Section V. Emplovee Recruitment. HirinS! and TraininS! shall be applicable and available to MTC employees during the term of this Agreement. MTC shall ensure that authorized subcontractors provide similar services and benefits to their employees. 4.4 MTC shall ensure that ACIC/NCIC background investigations as well as reference checks were conducted and completed prior to hiring any employee. subcontractOr. independent contractor or volunteer. DC Contract 6478 Continuation Sheet 13 4.4.1 MTC shall be responsible for all costs relevant to licensure as a securiry agency and registration of staff as securiry officers (see paragraph 4.1.3.2) in accordance with the requirements of A.R.S., Title 32. Chapter 26, Articles 2,3 and 4, Sections 32-2611 through 32-2637. Additionally, MTC shall be responsible for the cost of fingerprint cards and the fingerprinting of non-securiry staff, to include potential employees, volunteers, subcontractors, independent contractors and the employees and agents of subcontractors and independent contractors who will require entry to the secure facility. 4.4.2 ACIC/NCIC background investigations and the processing of fingerprint cards shall be provided by the Department at no cost to MTC for those non-security positions, including volunteers, subcontractors, independent contractors and the employees and agents of each who will require entry to the secure faciliry. 4.4.3 The processing of information for non-securiry positions shall be coordinated by the Department Contract Monitor. 4.4.3.1 4.4.3.2 Staff Trainim! MTC shall ensure completion of the forms listed below by each potential employee, volunteer, subcontractor, independent contractor and the employees and agents of subcontractors and independent contractors who will require entry to the secure faciliry. MTC shall provide the completed forms and information to the Depamnent Contract Monitor. Originals of Form #30400005 and #70501097 shall be provided to MTC by the Department. MTC shall be responsible for duplicating the forms as necessary. Fingerprint cards must be obtained by MTC. Complered fingerprint card, Form FD-258 Department Background Investigation Supplement 33, Form #30400005 Consent to Search Form #70501097 Tne Department Contract Monitor shall provide MTC with approval or disapproval for each name submitted, based on ACIC/NCIC results. If subsequent criminal information is obtained as a result of research relative to the fmgerprint card, the Contract Monitor shall advise MTC that the individual is disqualified and cannot be employed at the secure facility. 4.5 MTC shall be required to provide staff training as follows: 4.5.1 Preservice security office: training for personnel hired for designated securiry officer positions (See Paragraph 4.1.3.2). 4.5.1.1 Attachment #3 of this Agreement lists the Functional Areas and Course Titles to be contained in the preservice training for securiry officers. All courses. except those marked with an asterisk shall be DC Contract 6478 Continuation Sheer 14 taught in accordance with Department provided curricula and lesson plans. Those Course Titles marked with an asterisk may be taught utilizing MTC curricula and lesson plans, subject to approval by the Department. 4.5.2 Preservice non-securiry trammg (New Employee Orientation [NEOD shall include at least the topics listed below. Department curricula and lesson plans shall be utilized for the required topics. Those topics listed on Attachment #4 of this Agreement may be incorporated by use of MTC curricula and lesson plans, subject to approval by the Department. New employees, volunteers, subcontractors, independent contractors, etc. shall receive at least Phase I, Initial Orientation and Occuoarional Safety on the first day of employment. Phase II, _ which shall be comprised of at least the Phase II topics listed below .shall be presented within sixty (60) days after the initial training. Employees who will have significant contact with inmates shall be scheduled for Communicable Disease, Basic Life Support Training and First Aid training within sixty (60) days after their date of hire. PHASE I 4.5.2.1 Initial Orientation Employee Vehicle Searches and Contraband Inmate/Staff Relations 4.5.2.2 Occupational Safety Bloodborne Pathogens Work Safety and Prevention PHASE II 4.5.2.3 Introduction to Arizona Government Arizona History Executive Branch of Arizona Government Legislative Branch of Arizona Government Judicial Branch of Arizona Government .A.r1zona Department of Corrections : Criminal Justice System (Federal. State, County and City) 4.5.2.4 Institutional (Specific) Orientation Institutional Organization and UnitS Institutional Organization and Unit Structure Institutional Demographics, Budget and Staffing DC Contract 6478 Continuation Sheet 15 Terminology, Abbreviations, Codes, Acronyms 4.5.2.5 Instirutional Sociology and Inmate Programs Inmate Demographics Inmate Visitation Inmate Work Programs and Inmate Work Incentive Pay Plan (W1PP) Inmate Grooming and Dress Standards Inmate N on- Work Programs Special Inmate Populations Inmate Gangs and Culrures - 4.5.2.6 Instirutional Operations and Security Inmate Transponation and Movement AIMS, Telephone Security, Inmate Telephone Usage, Security Radios 4.5.2.7 Staff/Inmate Relations and Staff/Staff Relations Inmate Manipulation, Games and Set-ups Financial, Social and Romantic Relationships Verbal Abuse and Non-Verbal Intimidation Incident ReportS and Supervisor Assistance Staff to Staff Relationships 4.5.2.8 Inmate Management and Supervision Inmate Supervision Techniques Inmate Classification System Inmate Disciplinary System and Write-ups Inmate Grievance System Inmate Access to CourtS and Legal System 4.5.2.9 New Employee Orientation (NEO) Program Review and Summarization Recordkeeping Bloodborne Pathogens Professionalism and Ethics I NED 4. - ~ , .~).-' A minimum of 24 hours in-service training shall be provided annually to all staff to include refresher training. Security Officers shall be required. as part of the annual 24 hour training requirement, to receive the below listed refresher training at the frequencies indicated. Basic Life Support and First-Aid refresher training shall be provided as indicated to all staff who have significant contact DC Contract 6478 Continuation Sheet 17 include at least the following information: 4.9.1.1 4.9.1.2 4.9.1.3 4.9.1.4 4.9.1.5 4.9.1.6 4.9.1. 7 4.9.1.8 Location where training will be provided, including OIT training Time frames for presentation of the training A description of the instructional methods to be used, e.g., lecture, video tape, workbooks, etc. A description of MTC recordkeeping methods relative to staff training to include samples of forms, computer data, etc. Curricula and lesson plans for required courses of non-security preservice training as well as curricula and lesson plans for any other courses MTC may provide at their option. A description of how and where medical, physical and psychological examinations shall be provided. Curricula and lesson plans for those course titles marked with an asterisk as shown on Attachment #3. Identification of the instructors that will be used to teach each course to include: The name of each instructor Qualifications of each instructor by type of certification Date certification was received and subsequent refresher courses completed, if any (applies to law enforcement training only) List of course topics each instructor will teach 4.10 MTC shall submit to the Deparnnent Contract Monitor an Annual Training W orh.-plan for in-service training within sixty (60) days prior to the need to deliver in-service training. Subsequentiy the Annual Training Worh.-plan shall be provided no later than May 15 of each year of the term of the Agreement and period of renewal, if any. The Annual Training Workplan shall be submitted in the following format: ... 4.10.1 Workplan introduction 4.10.2 Institutional Demographics 4.10. 3 Needs Assessment 4.10.3.1 4.10.3.2 4.10.3.3 4.10.3.4 Line staff needs Supervisor/Manager needs Depanment needs and mandates, including required training Institutional needs and mandates 4.10.4 Annual calendar for training activities, by month and topic 4.10.5 List of certified instructors with a list of topics each will teach 4.10.6 Training recommendations 4.10.7 Approval/signature page 4.11 The Assistant Director shall. within thirty (30) days after receipt of the information. respond in writing to MTC indicating approval or disapproval. DC Contract 6478 Continuation Sheet 16 with inmates. 4.5.3.1 4.5.3.2 4.5.3.3 4.5.3.4 Firearms Recenification (annually) - Transponation Officers (semi-annually) Basic Life Suppon (every 2 years) First-aid (every three years) Use of Force 4.6 All Depanment training information (curricula, lesson plans, computer disks, etc.) provided to MTC is proprietary information and MTC shall utilize the information only for purposes of this Agreement. MTC shall not disseminate the information to others for other purposes. . Within 45 days after termination of this Agreement, all documents, computer disks, manuals, etc. provided to MTC by the Depanment as well as all copies made by MTC shall be returned to the Depanment. 4.7 MTC instructors must be cenified by one of the following before providing training. 4.7.1 California POST (Police Officer Standards for Training), staff instructor 4.7.2 California Depanment of Corrections, staff instructor 4.7.3 Arizona Law Enforcement Officer Advisory Council (ALEOAC), staff instructor 4.7.4 Arizona Depanment of Corrections, staff instructor 4.7.5 Other - as approved by the Depanment 4.8 The Depanment, if requested, may provide instructor cenification training for MTC in the following areas. Panicipation by MTC staff shall remain at the discretion of the Depanment. 4.8.1 Staff Instructor - These instructors must attend and successfully complete a 16 hour instructor training program conducted by a senior instructor in order to be recommended for cenification. An evaluation by a Senior Instructor is required every three years to maintain cenification. 4.8.2 Senior Instructor - Such individuals are required to attend and successfully complete an initial 40 hour training program conducted by a professional trainer. Completion of the program will qualify senior instructors to conduct training and recommend cenification for regular instructors. Senior Instructors must complete an 8 hour professional instructor training course every three years and are required to teach 36 hours each year to maintain their cenification. 4.8.3 Specialty Instructors - Instructors who have received additional training in specialty areas, e.g., Basic Life Suppon (BLS), Firearms Qualifications training, First Aid. Cultural Diversity, Incident Management System, etc. In addition to maintaining Staff Instructor Cenification, Specialty InstructOrs must maintain cenification in their specialty area. depending on course requirements. 4.9 MTC shall submit the following information to the Depanment Contract Monitor within ninery (90) days before receipt of the first inmate. 4.9.1 MTC's plan for the provision of security and non-securiry preservice [raining to DC Contract 6478 Continuation Sheet 18 4.11.1 If any MTC proposed tralmng segment is disapproved, reasons for such disapproval shall be stated and MTC shall be allowed to make required changes and resubmit the proposed training segment within thiny (30) days after receipt of the disapproval. 4.12 MTC shall establish and maintain all staff training records In accordance with requirements as provided to MTC by the Department. 4.13 The Depamnent shall provide training to MTC staff with regard to the requirements of A.R.S. 31-228, as amended relative to "dedicated discharge account". If requested by MTC, additional training may be provided regarding inmate banking procedures in order to ensure all records of inmate banking transactions satisfy requirements of the law and the needs of the Depamnent. MTC shall maintain inmate trust accounts on- MTC's Inmate Record Svstem as authorized in Article V. 4.14 The Depamnent shall provide staff training to MTC staff in the following areas prior to assignment of the first inmate to the secure facility. During the term of the Agreement, including term of renewal, if any, training shall be provided as necessary to accommodate MTC newly hired staff and promotions. 4.14.1 Inmate Classification System 4.14.2 Inmate Disciplinary System to include training for the MTC Disciplinary Coordinator 4.14.3 Inmate Grievance System 4.14.4 Information Management Services to include training relative to all modules of the Department AIMS system, access to the AlMS system; system security; refresher training relative to AlMS 4.14.5 Recordkeeping requirements and processes regarding inmates 4.14.6 Train the Trainer to allow MTC staff to provide on-going training in technical areas authorized by the Depamnent ~ 4.15 MTC shall track the names of all MTC staff who participate in Depamnent provided training to ensure refresher courses are available as required for each course. Timely notice shall be provided to the MTC Project Director in order to appropriately schedule such staff. 4.15.1 The Department shall monitor participation by MTC's staff in refresher training. " ARTICLE V CONSTRUCTION. OPERA.. TION AND MANAGEMENT OF THE SECURE FACILITY Construction and Operation 5 .1 ~TC shall. after receipt of a wrinen notice to proceed from the Depamnent. construct tile secure facility, infrastructure and support systems as soon as possible. not to exceed DC Contract 6478 . Continuation Sheet 19 one year. The one year estimated construction time frame is inclusive of projected delays and shall not be exceeded. The Department may declare an event of default if the facility is not completed and ready to receive inmates within one year after notice to proceed is issued. The secure facility shall be constructed by MTC and their construction contractor in accordance with drawings, plans and specifications sealed by a licensed registrant. The facility shall at least have: 5.1.1 One 12 foot perimeter fence with "no-climb" (1/4 inch hardware cloth) AT THE top six (6) feet of the fence. 5.1.2 Adequate security to ensure that inmates remain within the perimeter and to prevent access by the general public. 5.1.3 Secure locks on all outside doors. 5.2 During the construction phase, MTC shall provide to the Depamnent's Contracts Administration Office one copy of each approval required by statute or regulation and received from a regulatory agency and one copy of each waiver granted. 5.3 MTC shall maintain the secure faciliry in accordance with existing federal state and/or local building, health, safery and fire codes. The facility shall meet ACA Standards as defmed herein. 5.3.1 The Depamnent shall not assume any expense for the maintenance of the physical structure or any tangible personal propeny attached to or contained within the secure faciliry. 5.3.1.1 If the secure faciliry is damaged or destroyed by fire or acts of nature during the term of this Agreement, MTC shall be responsible for all costs to rebuild, restore or repair the facility, including costs to move assigned inmates. if necessary. 5.4 MTC shall provide buildings, equipment, materials and personnel necessary for the housing of assigned inmates as well as for the maintenance and repair of the secure facility . 5.5 The Depamnent shall have sole authoriry to determine which inmate shall be assigned to the secure faciliry as well as determining whether an inmate shall be removed from the faciliry after initial assignment. Such determinations shall be based on, among other things, the Department's inmate classification system, the screening criteria relative to the secure facility, the commining offense, the substance abuse history of the inmate and the inmate's ability to panicipate in the program of the secure faciliry. 5.5.1 When notified in writing by MTC that the secure facility is ready to receive inmates, the Department shall transpon up to 100 inmates to the faciliry per week. The numbers shall be determined by capabiliry of the facility and MTC to accept the inmates. e.g., faciliry capaciry, adequate staffing levels. security systems and inmate management services to accommodate the inmates. DC Contract 6478 Continuation Sheet 20 5.5.1.1 Inmates will not be transferred to the MTC facility if: A performance bond as required by Anicle VIII of this Agreement has not been appropriately executed and delivered to the Deparunent as required herein. Documentation concerning the quantity and potability of water has not been provided to the Deparunent as required by Anicle X. 5.5.1.2 A copy of the MTC notice indicating the ability to receive inmates shall be provided to the Deparunent's Contracts Administration Office. 5.5.2 After the Initial Occupancy of the facility, vacant beds shall be filled after MTC notifies the Department Contract Monitor of the availability of beds. 5.5.3 Male and female inmates assigned to the secure facility shall not be permined to co-mingle for any purpose. 5.5.4 Per diem rates during the Initial Occupancy period shall be determined by a sliding scale based on the actual capacity of the facility during the initial occupancy period. After Initial Occupancy the sliding scale shall also be used, based on the capacity of the entire facility. 5.6 MTC security manual, procedures and post orders as required by Service Specification entitled Secure Facilirv, Objective III. E. shall include at least: 5.6.1 An armory with weapons and ammunition in compliance with DMO 93-14. 5.6.2 An emergency response plan that shall indicate that MTC shall maintain control of the inmate population during any emergency situation that may occur during the term of the Agreement. MTC control shall remain until a Department Tactical Suppon Unit arrives to assume control of the inmates. 5.6.2.1 Agreements with local law enforcement authorities may be executed but shall reflect that such authorities may assist only in providing outside perimeter security, but shall not enter the secure facility to assist in controlling the inmate population. 5.6.2.2 Providers of firefighting and emergency medical services shall have access to the facility during emergency situations as requested by MTC and in accordance with MTC security requirements. 5.6.3 Direction to staff regarding the use of restraints and physical force and deadly physical force in accordance with the Department's Use of Force Policy in relation to at least the following circumstances: DC Contract 64iS Continuation Sheet 21 5.6.3.1 5.6.3.2 5.6.3.3 5.6.3.4 On the grounds of the secure facility Transporting assigned inmates Supervising inmates outside the secure facility At times of an escape Inmate Mana2ement Services 5.7 MTC procedures and post orders as required by Objectives III. through VI. of the Secure FacilitY Service Specification shall address each category listed. Procedures and post orders regarding the inmate management services identified below shall incorporate the requirements herein as well as the requirements of Department Policy, DMOs, procedures, etc. 5.8 Transportation. The Depamnent shall transport to MTC those inmates determined to be eligible to be assigned to the secure facility. 5.8.1 MTC shall provide full transportation services for all inmates assigned to the secure facility. Full transportation services shall include operational support of the facility and transportation of assigned inmates to include at least: 5.8.1.1 5.8.1.2 5.8.1.3 5.8.1.4 5.8.1.5 Delivery and pick up of inmates assigned to outside work assignments. Delivery and pick up of inmates for outside court, hospital, medical, dental, mental health appoinanems, etc. Emergency medical transportation. Return of inmates to the Department. All other transportation needs of the facility. 5.9 Mana!!ement Information Svstems (inmate records. data orocessing and information services). MTC shall emulate existing Depamnent computer equipment to allow access by authorized MTC staff to review data regarding inmates assigned to the secure facility that is stored in the Depamnent's computerized Adult Information Management System (AIMS). MTC computer hardware shall be located in secure areas of the facility to ensure access by authorized personnel only. 5.9. 1 MTC shall provide five (5) computer terminals and two primers as indicated below and necessary emulator cards. 5.9.1.1 Male Facility - 3 terminals and 1 printer to be utilized as follows: ADC Monitor Receiving/Release/Records Visitation Female Faciiity - 2. terminals and 1 primer to be utilized as follows: Receiving! Release/Records Visitation DC Contract 6478 Continuation Sheet 22 5.9.2 Any changes to the above equipment configuration must have the prior approval of the Denarunent's Administrator, Management Information Services Bureau. . - 5.9.3 The Deparunent shall pay for installation of a dedicated data circuit related to utilization of AIMS. After installation, the Depamnent shall pay one third (1/3) of the monthly costs for use of the data circuit as invoiced by MTC. Reimbursement for such costS shall be made in accordance with Anicle VI. 5.9.4 Prior to system access, MTC shall submit a listing of staff names for security password clearance. Identified staff shall be required to attend training provided by the Deparnnent relative to the basics of AIMS. Only authorized MTC staff shall be permitted to utilize AIMS. 5.9.4.1 Depamnent MIS staff shall perform periodic audits relative to system access. 5.9.5 Data contained in the Deparunent's AIMS System shall not be downloaded to MTC's independent information systems. 5.9.6 The Deparnnent shall deliver special purpose records to the secure facility at the time each inmate is delivered. Any document or information maintained in the special purpose records which is also maintained in the Depamnent's official Master File is subject to the same privacy and security regulations as the Depamnem's Master File. 5.9.6.1 MTC shall maintain confidentiality in accordance with A. R. S. 31- 221, Master Record File: information from other a!!encies: confidentialirv of files as well as Paragraph 6 of the General Provision of this Agreement. 5.9.6.2 All Deparunent provided special purpose records are to be maintained in a locked and secure area with limited access provided in accordance with Depamnent policies. 5.9.7 The Deparnnent' s special purpose records are transferred through the correctional system with the inmate; therefore, MTC is required to maintain such records in good order and in the format required by Depamnent policy. Upon an inmate's release from the secure facility either by transfer to another Depamnent facility or by release to the community, the records shall be returned to the Deparrrnent. ~ 5.9.8 MTC shall be required to maintain electronic data as well as manual inmate records in order to comply with Department p.olicies and procedures. Except as indicated below, establishment and maintenance of inmate files (electronic or hard copy) other than those specifically authorized by Depamnent policy is prohibited. DC Contract 6478 Continuation Sheet 23 5.9.9 MTC is authorized to utilize an automated Inmate Records Svstem (IRS) provided that confidentiality is maintained in accordance with Paragraph 6 of the General Provisions of this Agreement. The MTC IRS system shall be programmed to track such infonnation as listed below which will aid MTC in perfonning functions necessary for sound facility management practices. 5.9.9.1 5.9.9.2 5.9.9.3 5.9.9.4 5.9.9.5 Irunate Assignments and Pay Inmate Trust Account Inventory control Inmate Commissary Sales Inmate Activities and Recreation Funds 5.9.10 MTC shall ensure that infonnation relative to each inmate trUst account is maintained to reflect all account transactions from the date of receipt of the inmate and the inmate's account balance until the date the inmate is released from the secure facility and the account is closed. MTC shall be responsible for all account transactions that occur during an inmate's assignment to the secure facility. 5.9. 10.1 If an inmate is remrned to a Department facility, MTC shall prepare a check in the amount of the inmate's account balance which shall be made payable to the Department of Corrections. The check shall be accompanied with a transmittal indicating the inmate name and Department inmate number. The check and transmittal shall be forwarded with the inmate records to the institution where the inmate is delivered. 5.10 Inmate Work Activities. Irnnates assigned to the private secure facility shall be required to work in compliance with A.R.S. 31-251 Hard labor reauired of prisoners: labor classification: definition. 5.10.1 MTC shall implement an inmate work program utilizing the Facilitv Work Program as described in the MTC proposal entitled Secure Facility. Inmate Management Services, Paragraph A.2 Inmate Work Programs. 5.10.2 The Department Contract Monitor shall approve MTC inmate jobs and allocation of jobs by skill level to ensure that each is in compliance with Depamnent objectives regarding pay and work assignments. 5.10.3 Inmates who are not committed to the Deparonent under A.R.S. 28-692.01 or A.R.S. 28-692.02 (DlJl stamtes) shall perform work activities within the secure facility to suppon the maintenance and operation of the facilities or outside the facility under the authority of Intergovernmental Agreements authorized by the Department. Such inmates shall be paid for work activities equivalent to wages paid by the Depamnent in accordance with the Depamnent's Internal Management Policy 309.0. DC Contract 6478 Continuation Sheet 24 5.10.3.1 Wages earned by any non-DUI inmate working for a public entity under the authority of an Intergovernmental Agreement, shall be retained by MTC for deposit in the inmate's trust account. 5.10.3.2 MTC shall not request reimbursement from the Depanment for monies paid by a public entity for wages to non-Dill inmates. 5.10.4 Inmates assigned to the secure facility who were committed to the Depanment under A.R.S.28-692.01 or 28-692.02 shall perform public work activities in the community through Intergovernmental Agreements authorized by the Depamnent in accordance with A.R.S. 31-252 Use of prisoners in public works: cooperative prisoner labor svstem: definition. Such inmates shall not receive payment for labor services rendered from such public work activities. The payment by the public entity for inmate labor services shall be submitted by MTC to the Depamnent for deposit in the Alcohol Abuse Treannent Fund for subsequent Depamnent use in accordance with A.R.S. 31-255. 5.10.4.1 If after due diligence on the part ofMTC and the Depamnent, there are not sufficient positions for Dill inmates to participate in public work activities as described above, Dill inmates may participate in MTC's Facility Work ProlZram. 5.10.4.2 Inmates committed under the Dill statutes may receive payment for inmate labor services relative to labor provided as part of the MTC Facility W ark Pro~ram only if written authorization is received from the Depamnent. See Article VI regarding payment for inmate services or inmate wages. 5.10.4.3 If payment of inmate wages is authorized for Dill inmates, MTC may request reimbursement ITom the Depamnent for such costs in accordance with Article VI, Paragraphs 6.8.2 through 6.8.5. 5.10.5 The Deparu.-nent shall reimburse MTC for inmate wages as specified in Article VI of this Agreement. 5.10.5.1 After one year of experience, MTC and the Deparnnent may negotiate whether MTC shall assume the expense of inmate wages, based on the actual annual cost to the Depamnent as reflected by invoices submitted by MTC and reimbursements made by the Depamnent. 5.10.5.2 Based on established history as indicated above, the per diem rate may be adjusted after one year to reflect an adjusted per diem rate for the cost of inmate wages and associated MTC fees. If such an adjusnnent is required, a formal written amendment shall be prepared in accordance with Article IX to reflect the incorporation of such costs into the per diem rate to be paid to MTC. DC Contract 6478 Continuation Sheet 25 5.10.6 MTC shall identify public entities who are interested in using inmate labor to assist in their public work projects. Negotiation conducted by the Department regarding such agreements shall include concerns of MTC. The Department shall be responsible for preparation, finalization and maintenance of all inmate work contracts generated in support of the secure facility. 5.10.6.1 MTC shall be responsible, in accordance with the terms of each Intergovernmental Agreement for providing security supervision, transportation, lunches, clothing, medical services (if an inmate is injured on the job), etc. for such work activities. 5.10.7 MTC shall be responsible for ensuring the provision of inmate health care relative to injuries or illnesses incurred while participating in a work program. 5.10.7.1 Emergency medical services required due to an injury or illness that occurs at a work site may be provided or arranged for by the public entity Contractor in order to protect the life or limb of an inmate. 5.11 Inmate Education. Upon completion of orientation of each inmate assigned to the secure facility, MTC shall ensure that each inmate is tested by a qualified instructor using the Tests of Adult Basic Education rTABE). . 5.11.1 MTC shall ensure the availability of a certified GED tester at no extra cost to the Department. 5.11.2 MTC shaH be required to comply with the requirements of A.R.S. 31-229, Functional Literacv Pro!ITam: Evaluation: Certificate: Exemptions: Wages: Definition 5.11.2.1 The Depamnent shall adminisrer an educational evaluation, including a standardized assessment test prior i:O assignment of 3.n inmate to the secure facility. 5.11.3 MTC Education services shall include, in addition to the Functional Literacy Program, the following education components as described in the MTC proposal entitled Secure Facilitv, Inmate Management Services, Paragraph A.l. Education. 5.11.3.1 GED Preparation shall be provided to inmates assigned for a term longer than six (6) months and who do not have a high school diploma or GED. Tne classes shall be conducted by a DOE certified instructor. 5.11. 3.2 Inmates who score below a 6.0 grade level shall be provided a Basic Skills Remediation course as a prerequisite to entry into GED Preparation. The classes shall be conducted by a DOE certified Instructor. DC Contract 6478 Continuation Sheet 26 5.11.3.3 Life Skills shall be a nine (9) hour course. Classes shall be open- entry/exit, self-paced and competency-based. The classes shall be conducted by MTC's substance abuse treatment provider and shall be mandatory for all inmates. 5.11.3.4 Release Preoaration shall be a nine (9) hour Course. Classes shall be open-entry/exit, self-paced, individualize and competency-based. The classes shall be conducted by MTC's substance abuse treatment provider and shall be mandatory for all inmates. 5.11.4 Inmates shall not be paid for participation in the functional literacy program or any other educational program provided by MTC. - 5.12 Religious Services shall be provided by MTC in accordance with Deparnnent Policy 207.0. An institutional chaplain or equivalent shall be on duty eight (8) hours each Samrday and Sunday. Such services may be provided by a qualified volunteer chaplain, if desired. However, if adequate volunteer services are not available, MTC shall hire at no additional cost to the Deparnnent, an institutional chaplain. The chaplain shall be hired in accordance with the requirements of Aniele IV, Recruitment and Hiring, including submittal of a revised Attachment #1, to reflect the addition of a chaplain position. 5.13 Librarv Services shall be provided by MTC to include both regular and law libraries available for use by inmates during day and evening hours. Library services shall be provided in accordance with Deparnnent Policy 302.7. Legal library and legal assistance shall be provided in accordance with DMO 92-18. 5.13.1 The law library for the m:lle and female secure facilities shall be fully equipped to include a properly organized and updated collection of legal reference materials to include at least those items listed in the MTC proposal under Secure Facility. Inmate Management Services, Paragraph A.6b. Law Librarv. 5.14 Inmate Commissarv (Store) shall be provided by MTC in accordance with Deparnnent Policy 302.1.4. TPe commissary shall be operated at times that shall allow inmates access during week days and on weekends. 5.14.1 The cost for the initial inventory of the commissary shall be borne by MTC. After recovery of such costs from profits generated by sale of inventory items to inmates, the profits from the commissary shall be deposited to the Inmate Activities and Recreation Fund managed by MTC. .: 5.14.2 MTC shall provide to the Deparnnent' s Administrator, Bureau of Business & Finance all financial reportS required by Financial Services Procedure #2115, Soecial Services (A&R) Fund Reoorts. 5.15 Inmate Clothing, including replacement clothing, shall be provided by MTC in accordance with Department Policy 301.17. Personal clothing consistent with Department Policy 301.17 can be worn. DC Contract 6478 Continuation Sheet 27 5.15.1 The Department shall provide discharge allowance and out-of-state transponation assistance to inmates eligible under DMO 93-09. 5.16 Food Services shall be provided by MTC in accordance with the requirements contained in RFP 6412. 5.16.1 Prior to the arrival of the first inmate, MTC must demonstrate that food services shall be adequately provided at the secure facility by a qualified subcontractor. MTC has agreed to evaluate the subcontractor food service delivery operation within 60 days after the close of the first year of food service operation to include the analysis, on a monthly basis, of at least the following: number of meals prepared, number of meals served, amount of waste, economy of food _ usage, inmate complaints regarding the food service, quality of food -content, menu content, and the subcontractor's per meal costs. If viable and cost effective, based on the outcome of MTC's evaluation, MTC may discontinue subcontracted services and assume responsibility for provision of food services utilizing MTC's own food service resources at a reduced rate to the Department. 5.16.1.1 Any resulting cost reduction due to MTC's operation of the food service program shall be reflected by a reduced per meal cost charged to the Department if authorized in accordance with A.R.S. 41-1609.01 F. and Article IX of this Agreement. 5.16.1.2 The Department reserves the right to require MTC to effect changes in the food service operation at any time during the term of this Agreement, if provided services are determined not to be adequate for any reason. 5.16.2 Meals shall be provided in accordance with the Department's six week cyclical menus that meet or exceed the Deparonent's Standard Menu Nutritional Guidelines. Depamnent Food Soecifications shall be used for all raw foods used in preparation of meals. 5.17 Health Services shall be provided by MTC, to include medical, dental, pharmaceutical and mental health services which :;hall be provided in accordance with existing community standards of care as well as the requirements contained herein, those requirements specified in RFP 6412 and Department Division Orders relative to the provision of Health Services which have been provided to MTC. 5.17.1 MTC shall ensure the availability of Registered Nurses on-site at the secure facility 24 hours per day, 7 days per week to provide coverage of the facility for emergency siruations. Nurses shall be trained in emergency First-Aid and possess Red Cross Cenification to perform Basic Life Suppon. 5.17.1.1 MTC shall ensure inmate access to non-emergency health care a minimum of five (5) days per week. Inmates in detention starus shall have non-emergency health care available seven (7) days per week. DC Contract 6478 Continuation Sheet 28 5.17.1.2 Staffing panerns for providers of medical, dental and mental health services shall be in accordance with requirements set fonh in Aniele IV of this Agreement, Recruitment and Hiring. 5.17.1.3 MTC shall ensure that health service staff shall not be used to collect urine samples for the purpose of testing for illegal substances as pan of the institution monitoring and surveillance program. 5.17.1.4 MTC shall identify any inmate(s) who becomes seriously mentally ill after assignment to the secure facility and advise the Department Contract Monitor who shall coordinate appropriate action with Department health staff relative to the identified inmate(s). - 5.17.2 MTC shall ensure that medications prescribed by health providers comply with the Department's formulary. 5.17.2.1 Medications shall be packaged either in unit dose, daily dose or weekly amounts, depending upon the type of medication. 5.17.3 MTC shall enter into contracts with hospitals located within 30 minutes transpon time from the secure facility in order to ensure the availability of emergency services 24 hours per day, 7 days per week. MTC shall ensure availability of services with a hospital capable of providing a secure ward to house inmates in need of in-patient care and treatment. 5.17.3.1 MTC shall be responsible for ensuring adequate security staff coverage at the hospital for inmates transferred for in-patient care. 5.17.4 MTC shall ensure availability of emergency medical transponation services as necessary to handle medical emergencies-.as they occur. 5.17.5 Medical records provided by the Department to MTC shall be maintained in a secure, locked area. 5.17.5.1 MTC shall duplicate Department medical record forms for inclusion in the inmate medical record while the inmate is assigned to the secure facility. 5. 17.5.2 Information contained in a medical record shall not be released to anyone who is not legally authorized to receive it. Health and mental health records shall nor be made available to security staff. 5.17.6 The Department shall assume high cost health care in cases where MTC has incurred costs which exceed S10.000 for a single diagnosis per inmate per contract year. As used herein. .. diagnosis" shall mean the determination of the nature of a disease or injury; multiple diseases or injuries arising from the same event or root cause shall be considered a single diagnosis. whether such diseases or injuries occur at the same time or at separate times. An inmate whose health DC Contract 6478 Continuation Sheet 29 care costs fall into the category of high cost shall be returned to a Deparnnent facility or contracted medical care facility as soon as feasible. The Deparnnent shall be responsible for health care costs which exceed $10,000. 5.17.7 MTC shall provide quality assurance and utilization review activities and processes relative to the delivery of inmate health services as described in the MTC Proposal in the section entitled Secure Facility. Inmate Health Services, Paragraph F. Qualitv Assurance and Utilization Review. 5.17.7.1 The quality assurance process shall be a twofold process consisting of internal monitoring coordinated by the Head Nurse as well as corporate monitoring conducted by staff reponing to the Vice President, Corrections & Building Management. The internal and corporate monitoring shall consist of a five step approach as follows: Program Design Implementation and operation of program Monitoring the operation Redesign 5.17.7.2 Statistical data relative to the utilization of health services shall be maintained by MTC by utilizing a Health Management Information System (HMIS) which shall prescribe the collection of basic health, mental health and dental service information, utilization summary, program cost and time distribution data. 5.18 Substance Abuse Treatment Services shall be provided by MTC. Services provided shall be in accordance with the Substance Abuse Service Specification provided in RFP 6412 by qualified subcontractor approved by MTC and the Deparnnenr. Substance abuse treatment services must be provided by a non-profit corporation as required by A.R.S. 41-1609. The substance abuse treaunent program to be provided to inmates assigned to the secure facility shall be the program offered within the MTC proposal and information supplemented by the subcontractor as contained in letters dated July 29, 1993 and August 30, 1993. Said supplemental information is provided as a pan of this Agreement as Attachment #5. 5.18.1 The Addiction Severity Index (AS I) shall be the primary assessment tool used at intake. 5.18.2 Individual Counseling shall be provided to each inmate in Phase I at a minimum of one half hour at least eve:-)' two weeks. 5.18.3 Substance Abuse staff shall. as parr of the substance abuse treatment program. provide educational classes regarding Life Skills and Release Preoaration as specified in Paragraphs 5.11.3.4 and 5.11.3.5 above. 5.19 Investi!!ations of all alleged criminal activity involving Deparnnent inmates assigned to the secure facilitv mav be conducted bv reoresentatives of the Deoamnent's InsDections . .. .. ... .... DC Contract 6478 Continuation Sheet 30 and Investigations Division. The Department Contract Monitor shall be notified immediately by MTC of suspected criminal activity. The Contract Monitor shall be responsible for subsequently notifying appropriate Depanrnent authorities regarding the alleged activity. 5.19.1 All allegations of criminal activity relating to the operation of the facility or Department operations shall be investigated by the Depanmem in accordance with A.R.S. 41-1604, et seq. 5.19.2 The Department shall not be precluded from conducting any investigation it deems necessary involving Depanrnent inmates. ARTICLE VI PAYMENT OBLIGATIONS AND PROCEDURES/FINANCIAL REPORTS Requirements Govemin!! All Cost Increases 6.1 During the first term of this Agreement (three [3] years), price or cost adjusnnents may be made as authorized by A.R.S. 41-1609.01 B. E., or F., and the requirements set forth in Article IX. 6.2 If this Agreement is renewed as permitted by A.R.S. 41-1609.01 M, any price or cost adjusnnent authorized in accordance with A.R.S. 41-1609.01 F shall be formalized by written amendment as required by Article IX. Invoices and Records 6.3 Invoices submitted by MTC shall be legible and in the appropriate format as directed herein, otherwise they shall be returned to MTC to correct or clarify. In such cases, the Department shall be under no obligation to adhere to established time frames for payment set forth herein. 6.4 In the event of a discrepancy berween the records of MTC and the Deparnnent, the Depanrnent Contract Monitor shall notify MTC of said discrepancy immediately after receipt of invoice. MTC and the Department shall resolve the discrepancy by comparison and reconciliation of records. If resolution cannot be achieved, the undisputed amount shall be paid. The disputed amount shall not be paid until mutual agreement is reached relative to the discrepancy. Time periods for payment of the disputed amount shall be waived until the dispute is resolved. ~ Per Diem 6.5 The Depanment shall pay MTC a per diem rate of not less than S37.95 nor more than S42.68 as may be adjusted yearly by the COL Index and if appropriated by the Legislature for services rendered. The per diem rate shall comprise payment for all services provided to the Department under the terms of this Agreemem except those DC Contract 6478 Continuation Sheet 31 services expressly identified within this Article as items to be paid separately, or provided at no cost to the Depamnent. 6.6 The amount of per diem paid per inmate shall be determined by a sliding scale, shown by Attachment #6, which is based on the level of facility occupancy during each billing cycle. 6.6.1 There shall be two billing cycles each month. The first cycle shall cover the time period between the first of the month to the 15th day of that month. The second cycle shall be from the 16th of the monthto the last day of that month. 6.6.2 The sliding scale per diem shall be based on the average daily population during each billing cycle. 6.6.3 Per diem shall be paid for the day an inmate is received by MTC, but shall NOT be paid for the day an inmate is released from the secure facility. 6.7 MTC shall invoice the Depamnent twice each month within two (2) workdays after the end of each billing cycle. If the two-day time period falls on a weekend or holiday, the next workday shall be used. For the purposes of this Agreement, workdays shall be Monday through Friday, 8 a.m. to 5 p.m. MTC Responsibilities: 6.7.1 Use the invoice format as shown by Attachment #7 which includes supporting detail comprising an inmate listing by name, arrival date, departUre date, time period billed and total days in residency. 6.7.2 Forward the invoice and supporting detail to the Depamnent Contract Monitor for verification and authorization for payment. Depamnent Responsibilities: 6.7.3 Pay MTC within fifteen (15) workdays after receipt of invoice and verification of supporting detail from the Depamnent Contract Monitor. 6.7.4 Send payment to MTC at the following address: Management & Training Corporation Ann: Vice President/Treasurer, Financial Services P.O. Box 9935 Ogden. Utah 84409 Pavment of Inmate Wa!!es for Work Performed In MTC's Facility Work Pro!!ram 6.8 The Department shall reimburse MTC monthly for the cost of wages earned by assigned inmates performing work tasks in the secure facility. DC Contract 6478 Continuation Sheer 32 6.8.1 If after one year MTC assumes the expense of inmate wages, the cost of inmate wages will be reflected in an adjustment of the per diem rate. 6.8.2 DUI inmates may participate in MTC's Facility Work Program in accordance with Article V of this Agreement. MTC Responsibilities: 6.8.3 Invoice the Deparunent monthly for inmate wages in the form and format shown by Attachment #8. This invoice, with its supporting detail, shall .accompany the per diem invoice due by the last day of each month. 6.8.4 Forward the invoice for inmate wage reimbursement and supporting-detail to the Department Contract Monitor for verification and authorization for payment. Deparunent Responsibilities: 6.8.5 Reimburse MTC for inmate wages within fifteen (15) workdays of receipt of invoice and verification of supporting detail from the Depamnent Contract Monitor. 6.8.6 Send the warrant for inmate wage reimbursement as indicated in 6.7.4 Dedicated Data Circuit 6.9 The Depamnent shall arrange and pay for the installation of a dedicated data circuit, i.e., telephone line and number, related to the utilization of the Depamnent's AIMS system. 6.10 Subsequent to installation of the dedicated circuit,-the Department shall reimburse MTC one-third (1/3) of the monthly charges for use of the dedicated telephone number. 6.10.1 MTC shall send a copy of each month's telephone bill to the Department Contract Monitor so charges during the billing period for use of the dedicated telephone number can be identified and verified. 6.10.1.1 The copy of each month's telephone bill shall accompany MTC's monthly invoice for reimbursement of inmate wages earned in the facility work program. 6.10.2 Tne Department shall reimburse MTC in the manner and within the time frames set forth in Paragraphs 6.8.4 and 6.8.5. Alcohoi Abuse Treatment Fund (Fund) 6.11 Inmates assigned to the secure facility who were commined to the Depamnent under the - . . DUI statutes shall perform public work activities in the community through Intergovernmental Agreements authorized by the Department. DC Contract 6478 Contlnuation Sheet 33 6.12 Public entities shall pay for DUI labor services at the rate of fifty cents per inmate hour worked. Procedures and time frames for Contractors to pay MTC shall be delineated in each Intergovernmental Agreement. 6.13 Warrants received by MTC from the public entities shall be validated and, if correct, shall be forwarded to the Depamnent within thiny (30) days after receipt for deposit in the Fund. 6.13.1 MTC shall resolve discrepancies in amount of payment received with the Contractor in accordance with the terms of each Intergovernmental Agreement prior to forwarding any payment to the Depamnent. 6.14 MTCshall provide a Payment Detail to accompany each warrant for payment to- the Fund which shall contain the following information: 6.14.4 6.14.5 Name of the secure facility. Contract number of the Intergovernment.al Agreement authorizing DUI labor. Name and Depamnent number of each DUI inmate who provided labor servIces. Hours worked by each Dill inmate. Total payment forwarded for deposit in the Fund. 6.14.1 6.14.2 6.14.3 6.15 A copy of the Payment Detail shall be provided to the Depamnent Contract Monitor. 6.16 MTC shall forward the original Payment Detail and the payment received from the public entity to: Department of Corrections Human Resources/Development Business Office 1601 West Jefferson, M/C 312 Phoenix, Arizona 85007 Cost Item(s) To Be Paid Bv MTC MTC costs shall include, but shall not be limited to the following: 6.17 All costs involved in acquiring an appropriately executed performance bond. (Refer to Aniele Vlli.) 6.18 The cost to provide fingerprint cards and fingerprinting for non-security positions, to include potential employees. volunteers, subcontracrors, independent contractors and the employees and agents of subcontractors and independent contracrors who will require entry to the secure facility. (Refer to Anicle IV.) 6.19 All costs relative to licensure as a security agency and registration of staff as security officers. (Refer to Arricle IV.) 6.20 All costs associated with increasing availability of health providers if waiting times are DC Contract 6478 Continuation Sheet 34 determined to be excessive by the Assistant Director, Health Services. (Refer to Article IV.) 6.21 The cost to hire an institutional chaplain if adequate volunteer services are not available to provide coverage eight (8) hours each Saturday and Sunday. (Refer to Anicle V.) 6.22 All costs incurred in acquiring, constructing and maintaining the physical structure, including the infrastructure and support systems of the secure facility, or any tangible personal property anached to or contained within the secure facility. (Refer to Article V.) 6.23 All costs associated with rebuilding, restoring or repairing the secure facility, including costs to move assigned inmates, if applicable, in the event of damage to or destruction of the- secure facility caused by fIre or acts of nature during the term of this Agreement. (Refer to Article V.) 6.24 One half (1/2) the cost for a third party evaluation to compare the performance of MTC and the State in providing services identifIed herein. Subsequent to execution of the contract between the Department and the third party evaluator, the Department shall provide wrinen notice to MTC of amount of payment due. MTC shall remit payment within fifteen (15) days after receipt of wrinen notice. 6.25 All costs of personnel necessary to staff the secure facility in accordance with the requirements of this Agreement. 6.26 All costs of housing inmates in accordance with the requirements of this Agreement. Cost Item(s) To Be Paid Bv The Denamnent 6.27 The cost to provide ACIC/NCIC background investigations and the processing of fIngerprint cards for those non-security positions, including volunteers. subcontractors, independent contractors and the employees and agents of each who will require entry to the secure facility. (Refer to Article IV.) 6.28 High (catastrophic) health costs for a single diagnosis that exceeds $10,000 per inmate per contract year. An inmate whose health care costs fall into the category of high cost shall be returned to a Depamnent facility or a contracted medical facility. The Department shall be responsible for health care costs which exceed $10,000. A.R.S. 41-1609.01 E .- 6.29 Annual price or cost adjustments authorized in accordance with Anicle IX shall be paid in the form of an increased per diem rate as specified by each executed amendment. A.R.S. .11-1609.01 F 6.30 Cost or price adjustments authorized in accordance with Anicle IX shall be paid in the form of an increased per diem rate as specified by each executed amendment. DC Contract 6478 Continuation Sheet 35 Financial RenortS 6.31 MTC shall provide audited financial statements to the Depamnem on an annual basis due on or before March 31. Audited statements shall include, at a minimum, income statements and balance sheets for the previous calendar year. 6.32 The Deparonem shall have the right to request additional financial data in order to obtain information deemed necessary. 6.33 MTC shall provide two (2) copies of the audited financial statements to the Depamnem Contract Monitor. The Monitor shall forward one complete copy each to the Assistant Director, Community Corrections and the Administrator, Bureau of Business and Finance. ARTICLE VII CONTRACT MONITORlNG/PERFORMANCE EV ALVA TION 7.1 The Deparonent shall monitor MTC performance to ensure compliance with all contract provisions and applicable Policies, IMPs, DMOs, Division Orders, Financial Service Procedures, Administrative Rules, guidelines, specifications and Coun Orders/Decrees. 7.1.1 The Depamnem shall conduct inspections in accordance with DMO 93-07, General Insnections Pro2:ram. 7.1.2 The Depamnem shall establish a Health Oversight Committee comprised of a Facility Health Administrator (FHA), a health provider, a dental provider, a nurse, a memal health provider and a medical records representative who shall at least: 7.1.2.1 Review documemed justification for MTC referrals for outside medical consultations 7.1.2.2 Review staffing patterns relating to patient waiting times to be seen by health providers/dentists 7.1.2.3 Make recommendations for change, as appropriate 7.1.3 Monitoring activities shall be conducted with timely notice to MTC. Areas relative to facility. program operation and records relative to this Agreemem may be included. 7.1.3.1 Guidelines derailing criteria and scope of monitoring activity shall be provided to MTC prior to delivery of the first inmate to the secure facilit\' . 7.1.3.2 The Depanmem shall. subject to limitations provided by law with respect to rights of privacy, have the right to reasonable prompt DC Contract 6478 Continuation Sheet 36 access to examine and receive copies, if requested, of all records of MTC related to the secure facility, including without limitation, all financial books and records, maintenance records, employee records, and inmate records generated by MTC and its subcontractors or independent contractors, in connection with performance of this Agreement. 7.1.4 The results of monitoring/inspecting activities conducted by the Department shall be made known to MTC in writing by the Depamnent's Contract Monitor. If non-compliance issues are noted during a monitoring activity, each shall be specifically identified and corrective action shall be recommended with a time frame specified to achieve compliance. MTC shall be required to respond within the specified time frame or indicate in writing to the Department's -Contract Monitor why compliance cannot be achieved within the specified time frame and offer an alternative to meet the objective. 7.2 The Depamnent shall assign a staff person who shall monitor contracted services on a daily basis and coordinate all necessary activities relevant to MTC and Depamnent responsibilities. Tne Depamnent Contract Monitor shall be physically located at the secure facility on a full time basis. 7.3 An evaluation shall be initiated by a third party evaluator two (2) years after MTC's receipt of the first inmate. The third party evaluator shall compare the performance of MTC and the State in providing similar services. The performance evaluation shall include at least the following factors: 7.3.1 7.3.2 7.3.3 7.3.4 7.3.5 7.3.6 7.3.7 7.3.8 7.3.9 7.3.10 7.3.11 The namre of the inmates in the facility Whether the facility meets professional standards The level of training provided to the staff and the level of training accomplished by staff. The number and narure of complaints against the staff The number and narure of violent or other disruptive incidents among inmates or against the staff~ The number of escapes and attempted escapes. The number and narure of disciplinary actions against inmates and the staff. The number of inmates productively active, the level of production and the nature of the activity provided to inmates. The rate at which inmates complete programs successfully . Contractor" s compliance with established Depamnent policy as determined by results of Depamnent conducted audits, monitoring activities and inspections. Other mattei'S related to the quality of services provided. 7.4 The third party evaluator shall be selected by murual agreement between the Depamnent and MTC, based on resuits of proposal evaluations of offers submitted in response to a Depamnent issued solicitation. Costs of the performance audit shall be shared equally between MTC and the DeDamnent. ::v1TC's share of the costs shall be due and payable as required by Aniele VI of this Agreement. DC Contract 6478 Continuation Sheet 37 ARTICLE VIII PERFORMANCE BOND/INSURANCE/INDEMNIFTCA TION 8.1 Thirty (30) days prior to receipt of the first inmate, MTC shall provide a Performance Bond equal to one hundred percent of the annual per diem cost (calculated as indicated below) for the first year of the Agreement. Thereafter, no later than the anniversary date of the date of execution of this Agreement, the bond amount shall be adjusted on an annual basis to be equal to the per diem costs for each year of the Agreement. Failure of MTC to provide the initial Performance Bond shall result in default and termination of this Agreement. Subsequent failure by MTC to post the bond equal to subsequent yearly per diem costs by no later than the anniversary date of the Agreement, may result in default and termination of the Agreement. U 8.1.1 The Performance Bond shall be of a standard commercial scope and shall be issued by a surety company authorized to transact business in Arizona by the Director of the Arizona Depamnent of Insurance pursuant to Title 20, Chapter 2, Aniele 1. 8.1.2 The Performance Bond shall be in a form acceptable to the State and shall be payable to the Deparnnent of Corrections, an agency of the State of Arizona. 8.1.3 For the purposes of calculating the annual per diem cost, the negotiated per diem rate for 450 inmates shall be used based on 100 % occupancy of the secure facility for 365 days. 8.1.4 The proceeds from the bond shall be used to pay excess costs incurred by the Deparnnent to reprocure services if the facility is not constructed within the time frame specified herein or to pay Depamnent expenses to reprocure services or to relocate inmates assigned to the secure facility if this Agreement is terminated due to default by MTC. 8.2 MTC shall provide a plan of insurance as required by this Agreement and approved by the State's Deparnnent of Administration, Division of Risk Management. 8.2.1 Without limiting any liabilities or any other obligations of MTC, MTC shall provide and maintain and cause its subcontractors to provide and maintain insurance coverage with forms and insurers acceptable to the State, until all obligations under this Agreement are satisfied. 8.2.2 Unless orherwise stated herein the policies shall name the State of .A..rizona. its agents. offic:ais and employees as additional insured and shall specify that the insurance afforded MTC shall be primary insurance and that any insurance coverage carried by the State. the Depamnem or its employees shall be excess coverage exce;Jt as provided by State law. and not contributory insurance to that provided by \1TC. DC Contract 6478 Continuation Sheet 38 8.2.3 Failure on the part of MTC to procure and maintain the required liability insurance and provide proof thereof to the Department within thirty (30) days following the commencement of a new policy period, shall constitute a material breach of this Agreement upon which the Department may immediately terminate this Agreement. Prior to the effective date of this Agreement, MTC shall furnish the Department and the State's Risk Management Division. appropriately executed certificJ.te(s) of insurance. Such certificate(s) shall identify this Agreement and contain provisions that coverage afforded under the policies shall not be cancelled. terminated or materially altered umil at least thirty (30) days prior wrinen notice has been given to the Department. The State of Arizona reserves the right to request and receive from MTC certified copies of any or all required policies and/or endorsements. 8.2.4 MTC shall provide an Irrevocable Lener of Credit in the amount of one million dollars ($1,000,000) to the favor of the State of Arizona for the purpose of a financial guarantee for those liability exposures related to the secure facility which MTC will self-insure. The Lener of Credit shall be issued by a bank doing business in Arizona and insured by the Federal Deposit Insurance Corporation and shall be sent to the Department's Contracts Administration Office upon execution of this Agreement. 8.2.5 At the time the Depamnent issues a notice to proceed for initiation of consrruction activities, MTC shall provide the following coverages which shall remain in effect until the first inmate is assigned to the secure facility. 8.2.5.1 8.2.5.2 8.2.5.3 8.2.5.4 Workers' Compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of MTC's employees engaged in the performance of the services and Employer's Liability insurance \vith a minimum limit of one hundred thousand do!lars ($100,000). Commercial general liability insurance with a minimum combined single limit of one million dollars ($1,000,000) each occurrence. The policy shall include coverage for bodily injury, personal injury, broad form property damage, blanket contractual, contractor's protective and products and completed operations. Comprehensive automobile liability insurance with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000) each occurrence\vith respect to MTC vehicles (whether owned, hired, non-owned), assigned to or utilized in the performance of this Agreement. Professional liability insurance with limits of one million dollars (Sl,OOO,OOO) each claim. 8.2.6 At least thirty (30) days prior to the receipt of the first Depamnent assigned inmate, MTC shall ensure that insurance coverages as set forth in Attachment DC Contract 6478 Continuation Sheet 39 #9 are effective and that adequate documentation is provided to the Department and the State's Risk Management Division as stated above. 8.2.7 MTC shall ensure that each authorized subcontractor provides at least those coverages specified in Paragraph 8.2.5 above relative to each subcontractor's operations and activities. Cenificates of insurance for each required policy shall reflect that MTC and the Depamnent of Corrections are cenificate holders and that each are additional insureds on each policy, except workers' compensation. 8.3 The Depamnent shall remain solely responsible for all litigation, losses and costs that are unrelated to the secure facility and resulting from claims or litigation pending against the Depamnent at the time this Agreement becomes effective or arising thereafter from occun:ences prior to the effective date of this Agreement. Nothing contained in this paragraph shall in any way abrogate, modify or mitigate any obligation of MTC under this Agreement to comply with Coun Orders/Decrees or other requirements imposed on MTC by the terms of this Agreement. 8.4 MTC shall defend, indemnify and hold harmless the Depamnent and the State of Arizona from any claim, demand. suit. liability, judgment and expense (including attorney's fees and other costs of litigation) arising out of or relating to injury, disease, or death of persons or damage to or loss of property resulting from or in connection with the negligent performance of this Agreement by MTC, its agents, employees, and subcontractors or anyone for whom MTC may be responsible. Tne obligations, indemnities and liabilities assumed by MTC under this paragraph shall not extend to any liability caused by the negligence of the State or its employees or the Department and its employees. MTC's liability shall not be limited by any provisions or limits of insurance set fonh in this Agreement. The State shall reasonably notify MTC of any claim for which it may be liable under this paragraph. 8.5 Neither the Depamnent nor MTC shall waive. release, or otherwise forfeit any possible defense the Department or MTC may have without the COI'..sent of the other parry relative to claims arising from or made in connection with the operation of the secure facility by MTC. The Deparunent and MTC shall preserve all such available defenses and cooperate with each other to make such defenses available for each other's benefit to the maximum extent allowed by law. 8.6 MTC shall defend. indemnify and hold harmless the State and the Depamnent against any liability, including costs and expenses. for infringement of any patent. trademark or copyright arising out of contract performance or use by the State or the Department of materials furnished or work performed under this Agreement. The State or the Deparunent shall reasonably notify MTC of any claim for which it may be liable under this paragraph. 8.7 Notwithstanding any provIsIon of this Agreement. the attachments hereto, or any provision of RFP 6412 or MTC's proposal. MTC shall have no obligation to insure. defend. indemnify or hold harmless the Deparunent or the State of Arizona from any claim. demand. suit. liability. judgment or expense (including attorney fees and other COSts of litigation) arising out of or relating to any Deparunent Policy. Director's DC Contract 6478 Continuation Sheet 40 Management Orders, Division Orders, Internal Management Procedures, Financial Procedures, Court Orders. Administrative Rules and Federal or State requirements of law, which govern MTC relative to the custody and supervision of inmates, and are hereinafter referred to as "Imposed Requirements." The State of Arizona and the Department shall defend. indemnify and save harmless MTC from any claims, demands, suit, liability judgment or expense (including attorney fees and other costs of ligigation) arising out of or relating to such Imposed Requirements. This paragraph shall not obli1!ate the State of Arizona or the Depamnent to defend, indemnify or save hannless MTC: (i) from any negligence described in paragraph 8.4 above, or (ii) from its conduct in performig this Agreement apart from Imposed Requirements. ARTICLE IX NOTICES AND AMENDMENTS Notices 9.1 Any and all notices, requests or demands, including those relative to default and termination, given or made upon the panies hereto pursuant to or in connection with this Agreement, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid to the parties at their respective addresses as indicated on the signature page of this document as well as to the Depamnent Contract Monitor located at the secure facility and to the Depamnent's Contracts Administration Office at the address shown below. Arizona Depamnent of Corrections Attention: Contracts Administrator 1645 West Jefferson, M/C 802, Room 414 Phoenix, Arizona 85007 ., 9.2 Changes to the Agreement to accomplish the following may be handled by written notice rather than fonnal amendment. All other changes shall be accomplished by formal amendment, signed by all parties. Notices regarding the below listed change actions shall, in addition to the signatories indicated on the signature page of this Agreement, be sent to the Depamnent Contract Monitor and the Depamnem's Contracts Administration Office as indicated above. 9.2.1 Change of address of MTC or the Depamnent. 9.2.2 Change of MTC or Department authorized signatory, or designee. 9.2.3 Change in the name or address of the person(s) to whom notices are to be sent. 9.2.4 Changes to Attachment #1, Staffim! Pattern, which do not require a price or cost adjustment. Amendments 9.3 All amendments to this Agreement shall be prepared. finalized and maintained by the Depamnent's Contracts Administration Office. DC Contract 6478 Continuation Sheet 41 9.3.1 For the purpose of amendments regarding annual cost or price adjusnnents relative to MTC operation and management services, the anniversary of the effective date of this Agreement shall be calculated from the date MTC received the first Depamnent inmate. 9.3.2 Amendments regarding issues other than annual cost or price adjustments shall be effective when all signatures are affIxed, or a later date as specified in each amendment. 9.3.3 The Depamnent shall not entertain requests from MTC regarding amendments for cost increases due to construction related activities. 9.3.4_ One original of each executed amendment shall be provided to MTC by the Depamnent's Contracts Administration OffIce within ten (10) work days after execution. 9.4 Each MTC request to modify or change this Agreement shall be submined in writing to the Assistant Director, Community Corrections Division. Wrinen documentation describing the reason for each amendment shall accompany each request. Requests for modifications or changes relative to MTC operating or management costs shall be accompanied by detailed budget information to justify such requests. 9.4.1 The Depamnent shall have the right to request and receive additional supporting information, statistics, etc. and to direct the content, form and format of the additional information as it deems necessary to validate an MTC request for an amendment. 9.5 In accordance with A.R.S. 41-1609.01 E., annual price or cost adjustments may be provided to MTC, except that any adjusnnents may be made only once each year effective on the anniversary date (refer to 9.3.1 above) of the Agreement . 9.5.1 MTC must submit a request for an annual price or cost adjustment to the Depamnent Contract Monitor at least ninety (90) days prior to the anniversary date of this Agreement. 9.5.1.1 Failure by MTC to provide all required or requested information in a timely manner, thereby delaying Depamnent action beyond the anniversary date of the Agreement. shall nullify the amendment request for the new annual period. 9.5.1.2 Depamnent caused delays shall not nullify approving action by the Depamnent, if an MTC request is found to be justified. The approved increase shall be effective from the anniversary date, unless otherwise specified in the amendment. 9.5.2 If an annual cost or price adjustmem is authorized. it shall be paid to MTC in the form of a revised per diem rate to be paid per inmate. based on a sliding scale as described in Arric1e VI. The amount of the adjustment shall be DC Contract 6478 Continuation Sheet 42 restricted to the percent of change in the average consumer price index (CPI) established for the most recent calendar year as published by the United States Department of Labor. Bureau of Labor Statistics. 9.5.2.1 The amount of increase shall be calculated by utilizing the total amount paid in per diem by the Department to MTC during the last previous contract year (contract year is calculated by the anniversary date of the Agreement) as the base. The base shall be multiplied by the percent of change in the CPI specified above. The resulting product shall be calculated to reflect a daily rate based on 450 inmates which shall subsequently be applied to the sliding scale methodology. 9.5.3- Annual cost or price adjustments approved by the Director and Assistant Director Community Corrections Division shall be acknowledged by formal amendment to this Agreement in the manner as set forth in this Article. 9.6 Subsequent to execution of this Agreement, circumstances may dictate that MTC bear additional costs relative to operation and management services in order to be in compliance with new Coun Orders/Decrees or laws applicable to the Department or with newly issued Department policies or DMOs. MTC requests for modifications or changes which address the impact of such additional costs shall be received within sixty (60) days after MTC's implementation of the new requirement. The Depanment's specified per diem rate shall not be exceeded when requesting per diem increases due to additional costs . 9.6.1 MTC requests must be accompanied by supponing information as indicated in Paragraph 9.4 et seq. 9.6.2 In accordance with A.R.S. 41-1609.01,-Depanment supponed cost or price adjustments shall be promptly presented to the JLBC for review. The Depamnem shall use its best efforts to suppon each such cost or price adjustment including an MTC request for retroactive payment. 9.6.2.1 Any cost or price adjustment shall be acknowledged by a formal wrinen amendment to this agreement in the manner set forth in this Article. ARTICLE X " DEFA UL T AND TEJUvfINA TION Default 10.1 Each of the following shall constitute an event of default on the pan of MTC. 10.1.1 A material failure to keep. observe. perform. meet or comply with any covenant. DC Contract 6478 Continuation Sheet 43 agreement, tenn or provision of this Agreement which such failure continues for a period of twenty (20) days after MTC has received wrinen notice thereof. 10.1.2 A material failure to meet or comply with any Coun Order, Federal or State requirement or law, Administrative Rules, Department Policy, DMO, IMP, Financial Procedure, Division Order, or guidelines, etc. for which MTC has not received a prior wrinen waiver from the Department and which such failure continues for a period of twenty (20) days after MTC has received wrinen notice thereof. 10.1.3 A failure to maintain the secure facility and related infrastructure and suppon systems in compliance with all federal and state codes, rules and regulations. 10.1.3.1 MTC shall immediately provide copies of notices received Jegarding violation of federal, state or local codes, rules and regulations relative to building, fire, health or safety codes. Copies of all notices shall be provided in accordance with Anicle IX, Paragraph 9.1. Violations or deficiencies noted by a regulatory entity regarding fire, health or safety codes shall be corrected immediately in order to provide a safe and healthy environment for staff and assigned inmates. 10.1.4 Failure to provide an adequate water source, system or supply to serve the needs of the secure facility or the assigned inmate population, to include: 10.1.4.1 Sixty (60) days prior to the transfer of the first inmate, MTC shall provide documentation to the Department to reflect that the water provided at the facility is in adequate supply and of a quality that meets Deparnnent of Environmental Quality (DEQ) standards. Solely for purposes of such documentation, an adequate supply of water is defined as a minimum of 119 gallons per inmate per day. 10.1.4.2 Non-renewaL default ortennination of the Lease Agreement between B.K.W. Farms, Inc. and MTC for Type II Non-irrigation Grandfathered Rights (Water Rights) as perrnined by the terms of the Lease Agreement. Any notices received. or issued by MTC with regard to the Lease Agreement shall be provided to the Department immediately. Notices shall be provided in accordance with Aniele IX, Paragraph 9.1. 10.1.4.3 Inability of MTC to provide a water welles) to furnish an adequate amount of potable water to suppon the needs of the secure facility. DC Contract 6478 Continuation Sheet 44 Violations or deficiencies noted by a regulatory entity regarding fire or health codes shall be corrected immediately in order to provide a safe and healthy environment for staff and assigned Inmates. 10.1.5 Wrinen admission by MTC of its inability to: 10.1.5.1 Pay its debts 10.1.5.2 Make a general assignment for the benefit of creditors 10.1.5.3 Suffer a decree or order appointing a receiver or trustee for it or substantially all of its propeny to be entered and, if entered without its consent. not to be stayed or discharged within sixty (60) days / 10.1.5.4 Suffer proceedings under any law relating to bankruptcy, insolvency, or the re"organization or relief of debtors to be instituted by or against it and. if contested by it. not to be dismissed or stayed within sixty (60) days 10.1.5.5 Suffer any judgement. writ of anacrunent or execution, or any similar process to be issued or levied against a substantial part of its property which is not released. stayed. bonded or vacated within sixty (60) days after issue or levy. 10.1.6 The discovery by the Department that any statement. representation or warranty in this Agreement made by MTC is false. misleading or erroneous in any material respect. 10.2 If an event of default (default) as outlined in Paragraphs 10.1.1 through 10.1.5 occurs and MTC reasonably believes that such default cannot be cured within the specified time period allowed to cure such default and MTC believes that through a diligent. on-going, and conscientious effort on its pan it can cure the default within a reasonable time period not to exceed six (6) months. MTC may, within the specified cure period, submit to the Assistant Director, Community Corrections, a plan for curing the default. The submined MTC plan shall indicate in detail by what means MTC proposes to cure the event of default. 10.2.1 Upon receipt of any such MTC plan, the Assistant Director shall, within five (5) workdays after receipt. review the plan and determine whether to accept or reject the sub mined plan to cure and advise MTC in writing of the decision. 10.2.2 If the plan is approved. the Deparonent agrees that it will not exercise its remedies hereunder \vith respect to a declared event of default for so long as MTC diligently. conscientiously and timely undertakes to cure the event of default in accordance with the approved plan. DC Contract 6478 Continuation Sheet 45 10.2.3 If the Assistant Director does not approve the MTC submined plan, the cure period as specified above shall be tolled during the period of time the request is pending before the Assistant Director. 10.3 Upon an occurrence of an event of default by MTC, the Depanment shall have the right to pursue any remedy it may have at law or in equity, including but not limited to: 10.3.1 Reducing its claim to a judgment. 10.3.2 Taking action to cure the default, in which case the Depamnent may offset against any payments owed to MTC all reasonable costs incurred by the Depamnent in connection with its effons to cure such default. 10.3.2.1 Default regarding the health and safety of the assigned il1II}ates as a result of lack of an adequate potable water supply shall be grounds to impose liquidated damages or to remove the inmates from the facility with anendant costs to be paid by MTC. 10.3.3 Assessment of liquidated damages. 10.3.3.1 For each calendar day that one or more defaults by MTC continue following the last day of a cure period specified and the cure period has not been extended by the Department, the sum of $500.00 per day may be deducted from funds payable to MTC under this Agreement as liquidated damages until such event(s) of default is cured or this Agreement is terminated, whichever occurs earlier. 10.3.3.2 Assessment of liquidated damages shall preclude the deduction by the Depanment of any costs incurred pursuant to Paragraph 10.3.1 from amounts otherwise due to MTC and the assertion of claims for actual damages alleged to have resulted from such event(s) of default. 10.3.4 Termination of the Agreement and removal of inmates from the secure facility. lOA In the event the Secure Faciliry is substantially destroyed or so damaged by fire, act of God, or other casualty as to render 25 % of the Secure Facility unfit for occupancy or require 25 % of the inmates to be moved, MTC shall have the right to elect whether to rebuild the Secure Facilit}' or to terminate this Agreement. MTC shall notify the Department in writing within 20 days after the casualty of its election to rebuild or terminate this Agreement. 1004.1 It shall not be a default of this Agreement if MTC elects to terminate this Agreement pursuant to IDA. 10.5 Each of the following shall constitute an event of default on the part of the Depanment. 10.5.1 After appropriation of funds by the State. failure by the Depamnent to pay MTC within the time frames stated in Article VI, unless the failure to pay is a result DC Contract 6478 Continuation Sheet 46 of the following. 10.5.1.1 Liquidated damages assessed by the Deparnnent against MTC as permitted herein. 10.5.1.2 Disputed per diem charges or reimbursements for inmate wages as authorized by Anicle VI. 10.5.2 Failure by the Department to observe and perform any material covenant, condition or agreement on its pan to be observed or performed, or its failure or refusal to substantially fulfill any of its material obligations hereunder and such failure continues after receipt of notice from MTC and the cure period specified by MTC (which shall not be less than twenty [20J days), unless caused by the - default of MTC. / 10.6 If an event of default as outlined in Paragraph 10.5.2 occurs and the Department reasonably believes that such default cannot be cured within the time period allowed to cure such default and the Department believes that through a diligent, on-going, and conscientious effon on its pan it can cure the default within a reasonable time period not to exceed six (6) months, the Department- may submit to MTC a plan for curing the default. The submitted Department plan shall indicate in detail by what means the Department plans to cure the event of default. 10.7 Upon an occurrence of an event of default by the Depamnent which cannot be resolved within the time periods authorized by paragraphs 10.5.2 and 10.6, MTC's sole remedy shall be to terminate this Agreement upon provision of ninety (90) days prior written notice. Upon such termination. MTC shall be entitled to receive payment from the Depanment for all services furnished under this Agreement up to and including the date of termination if services have been satisfactorily provided. Termination 10.8 In addition to other rights set fonh elsewhere in this Agreement, the Deparnnent reserves the right to terminate this Agreement in whole, or in pan due to the following: 10.8.1 In the event State funds for this Agreement become unavailable due to non- appropriation or ex-appropriation. 10.8.1.1 An event of non-appropriation or ex -appropriation shall not cause the Department to be in default hereunder, but upcin any such event. this Agreement shall automatically terminate without further obligation or liabiilty to the Depanment as of the last day for which funds are available. 10.8. 1. 2 Depanment representatives cannot make any statements or provide any warranties as to whether an appropriation will be made by the Legislature: however, the Department shall. during the term of this Agreement. use its best efforts to ensure that adequate written DC Contract 6478 Continuation Sheet 47 information is submitted and verbal testimony provided through appropriate budgetary processes to request funds at least equal to the payments required hereunder for each year of the contract term. 10.8.2 MTC's failure to post a Performance Bond annually equal to one hundred percent of the annual per diem as required by Article VIII of this Agreement. ARIZONA DEPARTMENT OF CORRECTIONS GENERAL PROVISIONS 1. DEFINITIONS As used throughout these General Provisions, the following terms shall have the meanings set forth: a. "Contractor" means the person, firm, or organization performing the services or delivering the items described in this Contract. b. "State" means the State of Arizona. c.- "Departmen~' means the Arizona Department of Corrections. d. "Director" means the Director of the Arizona Department of Corrections or his duly authorized representative. e. "Subcontrac~' means any contract between the original Contractor and a third party for the provision of items or services which the original Contractor has himself contracted to perform, except purchase orders for standard commercial equipment, products or services. f. "Project Director" means the person designated to represent the Department in the program administration of this Contract. g. "Special Provisions" means those provisions additional to or in darifica tion of the General Provisions. If the General Provisions and Special Provisions conflict, the Special Provisions shall govern. h. "Scope of Services" means those provisions of this Contract which delineate the scope and manner of the specific s.ervices to be performed and describe the items to be supplied in the performance of this Contract. In the event of a conflict, the terms of the Scope of Services shall prevail over the Special Provisions, General Provisions or any attachments to the contract. 2. GENERAL REQUIREMENTS a. Intergovernmental agreements entered into pursuant to A.R.S. 11-952 et seq. shall become effective on the date filed with the Secretary of State or at a later date as specified in the Contract. All other Contracts shall become effective on the date executed by the Director or designee or at a later date as specified in the Contract. b. This Contract shall be construed in accordance with Arizona law and any legal action thereupon shall be ini ti tated in an appropriate court of the State of Arizona. Rev. 12/39 -1- 7. BOOKS AND RECORDS Contractor shal! retain and shall require all of its subcontractors to retain for inspection and audit by the State all books, accounts, relJorts, files and other records reiating to the bidding and performance of this contract for a period of five (5) years after its completion. Upon request by the Department, a legible copy of all such records shall be produced by the contractor at the administrative office of the Department or at the office of the State Auditor. The original of all such records shall also be available and produced for inspection and audit when requested by the State Auditor or the Department to .verify the authenticity of copy. 8. FINANCIAL AUDIT A t any time during the term of this Contract, the Contracto~'s or any - subcontractor's books and records are subject to audit by the Department and by any other appropriate agent of State or Federal Government, to the extent that the books and records relate to the performance of the Contract or subcontract. 9. REPOR TS 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 the Director, or his designee, shall be retained by the Contractor until such appeals, litigations, claims or exceptions have been finally resolved. 10. VISIT A TION AND INSPECTION Department representatives or other appropriate agents of the State or Federal government shall, with timely notice to the C.Jntrac-:or, be entitled to review and inspect the Contractor's facilities, its program operation and those records which pertain to the program funded :,y this Contract during the term of this Contract. 11. PROGRAM EV ALUA TION The Department shall be entitled, during the term of this Contract, to evaluate Contract Services. Evaluations will assess the quality and impact of Contract Ser'/ices, either in isolation or in comparision with other similar services and will assess the Contrac!or1s progress and success in achieving the goals and objectives set forth in the Scope of Services. 12. INDE:-'1 NIFICA TI0N Contractor shall indemnify, defend and save harmless the State and/or any of its agents, officials and employees, from any and all claims, demands, suits, actions, proceedings, loss, cost, and damages of every kind and description, including any attorneys' fees and/or litigation expenses, which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of- any person, caused by, arising out of, or contributed to, in whole or in part, by reasons of any alleged act, om ission, professional error, fault, mistake, or negligence of Contractor, Contractor's employees, agents, relJresentatives, or . subcontractors, their employees, agents, or relJresentatives in -3- the policies shall not be canceled, terminated or materially l.ltered until at least thirty (30) days prior written notice has been given to the Department. The Contractor may utilize the State of Arizona Certificate of Insurance (RM-7200.0 or other forms C\cceptable to the State to identify insurance coverage. The State of Arizona reserves the right to request and receive certified copies of any or aii of the above policies and/or endorsements. l~. WARRANTY Contractor warrants that: AU non-service items furnished pursuant to this Contract shall be free from defects and sholl c:)niorm to Contract requirements. Any items determined by the De partm ent to be in nonconformi ty with this warranty shall be repaired or replaced, at the Department's option an_d at the _ Contractor's expense, for up to one year following the completion or termination of this Contract. 15. WAIVERS No condition or requireme:1t c:)ntained in or made a part oi this Contract shall be waived or modified wi thout a written amendment to this Contract. 16. DISPUTES a. In the event of a controversy concerning a question of fact arising under this Contract which cannot be resolved by mutual agreement between the Contract Administrator and the Contractor, the aggrieved or dissatisiied person may file a written request for review with the Department's Assistant Director fer Administration. The request for review must specifically outline the parameters of the controversy and only those facts presented wi thin those specific parameters will be reviewed by the Assistant Director who shall adhere to the Arizona Procurement Rules and Regulations in responding to the issue presented. The Contractor may appeal the Assistant Director's final decision to the Director of the Department of Administration within five days of receipt of the Assistant Director's decision in acC:)rdance with the Arizona Procurement Rules and Regulations. Hearings on appeals of claims decisions shall be conducted as contested cases pursuant to the Arizona Procurement Rules and Regulations and the Arizona Administrative Procedures Act (Article 1, Chapter 6, Title ~l, Arizona Revised Statutes) except for those claims which are subject to arbitration as set forth in paragraph "b" below. Pending final decision of the controversy, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the Assistant Director's decision. b. The parties agree 1:0 use arbitration to resolve disputes to the extent required by l~.R.S. 12-151 s. ~ 17. TERMINATION OF CONTRACT a. The Department, or the State, may terminate this Contract under any oi the conditions following: -)- b. The Contractor shall continue the performance of this Contract to the extent not termina ted under the provisions of this section. c. In the event the Department terminates this Contract in whole or part as provided in this section, the Department may procure, upon such terms and in such manner as it may deem appropriate, services similar to those so terminated, and unless the Contractor is a governmental agency, instrumentali ty or subcii'/ision thereof, it shall be liable to the Department for any excess costS incurred by the Department in obtaining such similar services. d. If this.. Contract is terminated as provided herein, the Department, in addition to any other rights provided in this section, may require the Contractor to transfer title to and deliver to the State, in the manner and to the extent directed by the Department, such partially completed reports or other documentation as the Contractor has specifically produced or specifically acquired for the performance of such part of this C6-ntract as has been terminated. Payments for completed reports and other / documentation delivered to and accepted by the Department shall be at the Contract price. Payment for partially completed reports and other documentation delivered to and accepted by the Department shall be in an amount agreed upon by the Contractor and the Department. e. The rights and remedies of the Department enumerated in this section shall be in addition to any other rights and remedies provided by or under this Contract. 19. NON-DISCRIMINATION The Contractor shall comply with State Executive Order No. 75-5 which manda tes that all persons, regardless of race, color, religion, sex, age, na tional origin or ?oli tical affiliation, shall have equal access to employment opponunities, and all other applicable Federal and State laws, rules and re gula tions. 20. ASSIGNMENT OF OVERC:tARGES The Contractor, the Department, and the State recognize that in actual economic practice overcharges resulting from anti trust violations are in fact borne by the purc:1aser. Therefore, the Contractor hereby assigns to the Department and the State any and all claims for such overcharges. 21. CONTRACT PA YMENTS a. Payments made by the Department to the Contractor pursuant to this Contract are conditioned upon the availability to the Department of funds authorized for expenditure in the manner and for the purpose provided herein. The Depar::nent shall not be liable for any purchases andlor Contracts entered into by the Contractor in anticipation of such funding. b. Payments made by the Department to the Contractor are conditioned upon receipt of applicable, accurate and complete reports to be submitted by the Contractor. . -7- b. If principles of governmental or public law are involved, the State may participate in the defense of any such action, but no costs or expenses shall be incurred for the account of Contractor without written consent. c. If in Con!ractor's opinion, the equipment, materials or information mentioned ~:1 paragraph a. above is likely to or does become the subject of a claim of infringement of a United States patent or copyright, then without diminishing Contractor's obligation to satisfy any final award, Contractor may, with the Director's written consent, substitute other equally suitable equipment, materials and information, or at Contractor's option and expense, obtain the right for Contractor or the Department to continue the use of such equipment, materials and information. 21;. NOTICES Whenever notice is required pursuant to the terms of this Contract, said notice shall be in writing, and shall be directed to the persons and-addresses specified for such purpose in Scope of Services or to such othl:jr persons and/or addresses as either party may designate to the other party by written notice. Notice shall be delivered in person or by certified mail, return receipt requested. 25. AMENDMENTS Amendments to this Contract shall be In writing, signed by aU parties to the Contract. -9- D.C. Contract No. 6478 SPECIAL PROVISIONS Page-1SL With regard to the General Provisions: All references to Contractor shall mean "MTC". All references to Contract shall mean "Agreement". The Definition of Project Director shall be as defined in the Scope of Services. PARAGRAPH 12 Paragraph 12 is replaced by Paragraph 8.4 in Article VIII of the Scope of Services PARAGRAPH 13 Paragraph 13 is replaced by Paragraph 8.2.5 and Attachment #9 of this Agreement PARAGRAPH 17 Subparagraph A(1) is amended to read as foHows: The Department, in addition to othe:- rights set forth elsewhere in the Contract, reserves the right to terminate this Contract, in whole. or in pan without cause, effective ninety (90) days after mailing written notice of termination by certified mail, return receipt requested, to the Contractor. PARAGRAPH 23 Paragraph 23 is replaced by Paragraph 8.6 in Article VIII of the Scope of Services A IT ACHMENT #1 STAFFING P A ITERN ,. F..FP ;:.MJ1... 450 BEDS Position Name Project Director Deputy Director Executive Secretary Secretary Manage:, Finance & Admin. Accountant Accounting Clerk Clerk Typist Records Clerk Buyer Stock Clerk Head Nurse Nurse Maintenance W orke: Sewage Tre2.tment Specialist Education Instructor ProrzraIn Director I - SUDS!a."c: Abuse Specialist Substance Abuse Counselor I IFood Se:-\ice Dire:::or i . -. S'D' iASSlstant .:-ooe ei\'lCC Ire::: 0;- I I lCook Supci\'isor IManal!er. lr.ma:e Ac:ivities i - IS'''':::-~-;-' (> c::: ..,.: ., : ,...u 1. ,;...1:1= _ P ~_.allst , !Suoe:-\':so;-. Mon. 6: Acct. . i . iReside:-::ial Monitor n- :Residc:1:iaJ !\10nitor 1- .- . 0- : 1 ;"2.:1SPO;-:::':lon wee:-- .... . - ... ..,ecreZ:1C~ ~?~C~2!:S! ::\.ec:~!::c:: ..=..id ?hysi~:2:-: ::)=:1:~5: " . ., .. C . .\ 1 e~:~: ;-; =::'1::1 C::SUl~2:1: A IT ACE:~H:."-r N 1 ST!. FF"P.'G P.!. TITR.'" .. - Ot r ::.ROR: ?\h.rul!c:nent & Traininc COf":)oration (MTC) # of Days per 15t 2nd 3rd \Vk. Required Shift Shift Shift 5 1 5 1 5 1 5 2 5 1 5 1 5 1.5 5 1 5. 1.5 5 0.5 5 0.5 5 1 7 1.5 1.5 1.5 5 2 5 1 5 6 5 1 5 6 :) S 5 1 " :) ~ :) .., " ::.5 ~ . ... - I ..:..~ _.~ I ~ ~ I S ' - S I:) "" - / ' ' , 0"'"''. 'I ~ - l._~ 0.:5 .I~"':i--.oc:: .~.:Io qc:.~ c.- c;e,..........:... ,--.:;," ..--- "".:"'0'" "':.~.;A ~ ~ _...~~ - ...O,..~IO-,.. ~ .: ".-.' ~ ,:a..- . \oJ. ,,-G..__ lJ._ '-...__ .... ___"~".\ .....;.... ...... \"........ __1..._$. ..'=... I...;:...... roo..... ;__._~.10...... \.S1.G..!::);,.. -...... ~10:'\ I ITE I ~'ED I TEU I FRl I SAT I S'L1'i STAFF ! Management :lnd ~hns~ement Support Staff Schedule Proj~ Dir~or . . A A A A OFF OFF ^ Deputy Direc:or .. A A A A A OFF OFF Executive Secre:ary . A A A A A OFF OFF Secretary .. . A A A A OFF OFF r\ Shift A = 0800 hours - 1700 hours Administrative StafT Schedule Mgr. Finance &.: Admin. . A A A A A OFF OFF Accountant . A A A A A OFF OFF Accounting Clerk . A A A A i A OFF OFF Accounting Clerk .. C C C C C OFF OFF / Clerk Typist . A A A A A OFF OFF Buyer/Stock Clerk . . A A A A OFF OFF .-'" Shin A = 0800 hours - 1700 hours Shin C = 0800 hours - 1200 hours Medical SuIT Schedule Head Nurse . ") 2 2 .., 2 OFF OFF urse . OFF OFF .. .. .. .. .) .) .) .) .) .. OFF OFF 1 .. I .. .) .) 1 1 OFF OFF I Nurse (Relief) a-- OFF OFF OFF OFF ") ") I >0- I . ... I INurse ... I ., .. ") ") OFF OFF IShift'l = 2330 hours - 0730 hou:-s !Shift 2 = 0730 hours - 1530 hou:-s IS' .- - ] 530 hours - 2330 hOt;:-s I run.J · I I \laintenance StafT Schedule IMaimenan::: \Vorker . I a-- OFF . . ..;. .~ , . ....... ..... ..... !<::::.., -- 7r,o"T- "s - 0-- OFF , :\ A . A 1_ . \\ ac. ,. __....en. pc... . . .-'" I - iMaim e~2.n:: \\: ork er a-- OFF .~ . . . - - ..... ....... ....... i ~Shif. A = 0'730 hour" - 1630 hO\.:;5 Educ3tion Starr Schedule :l:1S'L:-U::::- A , 0-- 0-- - - - .. . . . . . . ....... . . I 'l:'!s:~=::-:- , . , . . Or? 0-- ...... ..... ....... r:- ins'i~::::- , . . 0'-- 0-- ....... . . ....... -- , . l::S::-WC:::- . . , . 0-- 0-- . . .-" ....... .-" . . :-r . , 0-- 0-- ; ~S!:1.::: c::- .-" . . . . . . ~:- ~:1S!:1..1:: :::- , . . 0-- Or? . . .-" .-" . . .-" - - Shifi .A. = (,SOO :-:ours - i /00 :-:2'.:;3 ...... ............ STAFF I ~10!\ I ruE I \\'ED I THU I FRI I SAT I SUN Subst:l.nct Abuse Trcument Staffing Schedule Progra.rn Director . A I A A A A OFF OFF Secretary . . A .. A A OFF OFF ..... ^ Substance Abuse Spec. . A A . A A OFF OFF ^ I .. A OFF Substance Abuse Spec. . . A A OFF r.. ...... Substance Abuse Spec. . A A A A A OFF OFF Substance Abuse Spec. . , B B B B B OFF OFF . . Substance Abuse Spec. . A A A A A OFF OFF - Substance Abuse Spec. .. .. A A A A OFF OFF ..... Substance Abuse Coun. . A A A A A OFF/ OFF Substance Abuse Coun. . B B B B B OFF OFF Substance Abuse Coun. . . A A A A OFF OFF ..... Substance Abuse Coun. . . A .. A A OFF OFF ....... ^ Substance Abuse Coun. s B B 3 B B OFF OFF Substance Abuse Coun. s I A A A .. A OF? OFF ...... Substance Abuse Coun. .. I . \ A A A A OFF OFF ..... I Substance Abuse Coun. .. I B I B B I B B OFF O~ I - .. I I Shin A = 0800 hours. 1700 hou:-s IShir. B = 1 :30 hours. 2030 hou:-s !Rec:-eation S oeciaEs! . i 0-- I OF? 2A I 2A 2A I .., . ... .. ... 1 . . ~.-' ~..~ I . : I , 1 i lRec:-e~!ion A..id . :3 ....... OFF OFF :3 :3 :3 ~.= I I I I IRec=-e~!ion .~d . -.... ::'3 :3 23 OFF I OFF :5 -;;) I i I I I Rec:-eztion Specialist .. ; :3 ....... 0=-= OFF 23 I 23 :B i ..;.;;) .. .. I Recre:nion Starr Schedule I iShif. :.';' = 1200 hours - :000 hc:;:-s ;Shif. 25 = .1500 hours - :300 h0~:-s rood S e:-\"; c e Starr Schedule !Food Se:"',ice Director . ' .':"1 .':'.1 A1 ,':"1 0-- 0-- -~ ~ . . .. - . . . .. i.;S5:S~2.::: ~ood S e:yi ce Di:-. . (",== 0-- . - . - . ... .;1 .;1 -,. . . . -....: .-..J ....... .J 'CooK S ~=::-visor - 0-- 0-- . .., :r .... - .- .- . . - :Cook Sl1~:;\.lsoi - - '"' -- . - . - .':'.3 0-- ... . 1- - .-..~ -..~ .... .- '-' . . . . 'Co~k S:.;=e:--',:~sor ,- - O?? . - . .., . - ... . ... '.... - . .--- - .-...) :5:-:::: .; 1 = l''700 hours - 1 '7CIC: ::~'~~S :S~::: .~.: = C'500 hours - ~ 3GCi :~2'-'::-S s::::: .;,3 = II 00 hours - 1900 :'.~'~~3 Securit)' Staff Schedule - Se<:uriry Adminutration lnmate Acj..,ities Manager . 1 . A A A A OFF OFF ^ lnmate Ac~ivities Manager .. . A A A A OFF OFF .-" Staff Training Specialist . . A A A A OFF OFF .-" Records C1e:-k . A A A A A OFF OFF Records Cle:-k .. D D D D D OFF OFF \ Shift A = OROO hours - 1700 hours . Shift D = .1300 hours - 1700 hours Shift 1 = 2330 hours - Oi30 hours (Men's Facilit)') -- I - Supervisor 1. 1 .1 1 1 OFF OFF Supervisor (relief) OFF OFF 'OFF OFF OFF 1 1 Residential Monitor II 1 OFF OFF 1 1 1 1 Residential Monitor II (relief) SEE Sr-::IFT 3 1 1 Residential Monitor I OFF OFF 1 1 1 1 1 Residential Monitor I 1 1 OFF OFF 1 1 1 Residential Monitor I 1 1 1 1 OFF OFF 1 Residential Monitor I 0-- 1 1 1 1 OFF 1 rr Residential Monitor I 1 OFF OFF J 1 1 1 Residential Monitor I 1 1 1 OFF 0""- 1 1 r: , I STAFF I MOr-.: I TUE I WED I THU I FRl I SAT I SU?\ ~esid::-:::::.i ~1o:1iLOr I Shift 2 = Oi30 hours - 1530 hours (Men's Faciiit)') 0-- I 0-;::; .., .., .., .., .... .., . . I .. . .... ., 0-;::; OFF OF? O't:'';:' OF? ! .. . . . .... .... 0';:"';:' Ot:'';:' .... I .... . . 0-- 0== .., .., .... .., . . .. .. .., .... 0;:-;; OFF "'l .., .., . .. - .., ., OF? OF? ., 0-- -: .., ... .., 0;:-;; r~ - .. . 0';:";:' OF? .., . . - .., ... OFF 0-- ., .., <' . 0-- 0-- ~ ~ ~.. . . ,-,-- , .., .., \...'- .. 1....'- - .;, 0=';:' i 0-- , . . . OFF 0-- ,_i;-- ~ ~\-- 1 IsuDe~isor iSupeI"VIsor (relief) IResidemial Monitor II IResidemial Monitor I I :Residenti2.i Monitor I i !Residentia! Monitor I I IReside~ti2.j Monilo:- 1 I IResidenti::.! ?\1onitor 1 I !Reside:-::i::J Moni!Or I :;'cside:;::::.! Morj~or I , ~Rcside:;::2.: !\.1o:1ilOr 1 ~eside:::::7.1 \~.::::~c: ! "'"I " '. \~ . , .:\.eSHJe:::::;,: ~ lC~:::~ 1 STAFF I MON I TUE I WEn I THU I FRI I SAT I SID\ I Shift 3" 1530 houn. 2330 houn (Men's Fscilit),) I ISupe:-visor OFF OFF 3 3 3 - 3 oJ Supc:-visor (relief) j 3 OFF OFF OFF OFF O~ .. .. Residential Monitor II j OFF . OFF OFF 3 3 ~ j Rcside:1tial Morutor II (reiief) ~ 3 - OFF OFF SEE SHIFT 1 j j Residential Monitor I OFF OFF 3 J J - J J Residential Monitor I - OFF (IFF 3 J J j j Residc:1tial Monitor I . 3 ~ . - OFF OFF - j j J J '. Rcsidc:1tial Morutor I OFF 3 .. 3 3 3 OFF J Rcside:1ual Monitor I 3 OFF OFF .. 3 3 / 3 J Rcside:1tial Monitor I ~ .. 3 OFF OFF .. ~ J J J J Supe:-visor Shift 1 = 2330 hours - Oi30 hours (\\'omen's F3ciiiry) I I . Reside:1tial Monitor II (reiicf) Residc:1tial Morutor I Reside:1tial Monitor I SEE S:b:r:FT 3 OFF 1 OFF 1 1 OFF , 1 OFF Shift:! = Oi30 hours - 1530 hours (\\'omen's Faciliry) Supe....visor =- I 0: OFF 2 Reside:1:ial Morutor II Ot:'= Ot:: I':' ..., .., I IReside:::i2.l Morutor II (re~ie:) SEE SI-:JFT 1 A.:'\:TI 3 IReside:-::ial Morulor I ..., OFF IR " . 1M . I ..,.. eSlce::::2J.. armor IR' " . 1 '1.1 . T I eSlCe:1::a.!\ onnor .. I /Reside:1ti2.l Monitor I ........ ITranspo~a:ion Office:- .....,., ! Shifl:3 = 1530 hours.. :330 hours ('''omen's Faciiiry) !Suoe;\~sor Of; i OFF ..J ' I . - IReside~::::.! ?\10:::10:- II O:=-;; ! :?.esice::::::.i \ioniior II (r::i==) I i~ "SI''';~-';-i \f(,\-;10~ I ('" w......:... I d. . 'Reside::::::.! \10::::0:- j .. 0-::-;::" .. .. .. .. OfF ., ~ 0-- -' ..J ..J -.. . . 0== O~ ~ . . . .. , ..J ~ ~ . , ,; 0-- .........-- .. .. I t...- - ....,. . - OFF OFF 1 1 1 .., ., ..., ., .. .. OfF ., OfF OF? OFF OF? OFF 0;:-:: .. .. . ..J , ..J SEE S:-:IFT 1 .~'I\:u : Or? 0-- -- - - - - -' . \~e~.s ::-::::l::Y aa \\',...-,,,,_', =.,_;;:.\. -...-.. - . --....... A IT ACHME~ 'T I(l PosmON DESCRIPTION Name of Contractor: Position Name: WORK DESCRIPTlON - In general te:ms, wnat WIll me worK assIgnment De lor an employee working in this position? WORK PRODUCTS - What wul result irom me worK perlormance? RESPONSIBILITY - For wnat w11i me empwyee In tnlS poSlUon De nel0 responslOie? (For example, money, equipment, safe~y or others, product quality, work methods, policies or procedures, etc.) AUTHORITY - What klnos OJ O~:SlOns wlil me empioyee In thIS poSlLlon be aurnonzed to make? What kinds of decisicns will :-equire ciearance from the supervisor? A IT ACHME.NT #3 PRESER VI CE SECURITY TRAIl\1NG 1. PRE-SERVICE TRAIN1NG Listed by Functional Areas and Course Titles Functional Area 1: Ethics and Professionalism Course Titles: /Hours *Employee Rules and Regulations .Valuing Work Force Dive:-sity/EO Ethical Staff-Inmate Relations *Employee Grievance Professionalism and Ethics .Uniform and Grooming .Employee Periormance AppIGisal System (EP AS) 3.0 3.0 3.0 1.0 1.5 1.5 0.5 TOTAL COURSE HOURS 15.0 Functional Area II: Tn~2!e M2n2~ement Course Titles: Sociology of a Correc:ional lns.itution Inmate Super\'ision Inmate "Games" (Manipu12tio~ and Set-ups) Inmate Classification S\'stem Inmate Ethnic Diversit\' Discretion and Decision Making Inmate Grievance S\'ste:TI Inmate Programs Inmate DisciplinaJ)' Syste~ 2.0 5.0 3.0 2.0 6.0 5.0 1.0 1.5 6.0 TOTAL COURSE HOURS 31.5 Page 2 Attachment #3 Prese...vi~ Security Training Functional Area In: Le~aJ Issues Course Titles: Criminal Justice System, Law and Rights A.izona Government Use of For~ 6.0 " 1.0 3.0 TOTAL COURSE HOURS 110.0 Functional Area TV: Communications Course Titles: Repon Writing 6.0 Basic Communication 3.0 Radio and Telephone Communication - (knowledge of Depanment radio 2.0 system shall be required relevant to direct communication to the Depanment Observation (Use of a Field Notebook) 1.0 Oral ReportS 3.0 Effective Study and Note Taking 0.5 TOTAL COURSE HOURS 15.5 FU:1ctionaJ Area V: Officer Safe~v Course Titles: Firearms Famiiiarization Revolver Qualifications Shotgun Qualifications Chemical A gems Target Identiiication/Discriminatic:1 (FATS) 7.0 26.0 4.0 4.0 4.0 TOTAL COURSE HOURS 45.0 Page 3 Attachment #3 Presemce Security Training Functional Area VI: ADTJlied Slills Course Titles: Searches and Contraband Transportation and Restraints Count Procedures ' Applied- Skills Forced Cell Moves Maximum Restraints lnmate Property Management Urine Collection 4.0 3.0 1.5 7.5 I 2.0 2.0 3.0 1.0 TOTAL COURSE HOURS 24.0 Functional Area VTI: Securirv, Custody and Control Course Titles: Security, Custody and Control Introduction to IMS and Emergency Procedures Crime Scene Protection Fire Prevention/Evacuation '"'Internal Investigations Institution Observation (including travel time; 3.0 5.0 2.0 5.0 2.0 15.0 TOTAL COURSE HOURS 32.0 Functional Area VTT1: Conflict and Crises Mana!!ement Course Titles: Introduction/Overview of Crises/Conflict in a Correctional Institution 4.0 Goals and Concerns of Crises/Conflict in a Correctional lnstitution 3.0 ?rincipies and Techniques of Crises/Comlic! lmervemion/Resoiution 6.0 in a Correctional Institution ?=-actical skills Crises/Conflict in 2 Correctional lnstitution 1.0 Self-Defense Training 18.0 TOTAL COURSE HOURS 38.0 Paoe 4 b Attachment #3 Preservice Security Training FuncrionaJ Are<! IX: Medical and Mental Health Course Titles: Fir-st Aid (Medical Signs/Symptoms) 2.0 BaSic Life Support - (Requested g.:aphics are contai~ed within lesson plan) 7.0 Communicable Disease Control' 3.0 Communicating Sign and Symptoms of Mental Illness 3.0 Narcotics and Dangerous Drugs 1.2.0 Substance Abuse Awareness 3.0 Physical Fimess Tr.tining 22.5 TOTAL COURSE HOURS 41.5 TOTAL HOURS EQUAL: 252.5 . Indicates courses to be taught by MTC utiliz.ing MTC curricula and lesson plans, if approved by the Depanment. A IT ACHMENT #4 OPTIONAL TRAINING. PRESERVICE NON-SECURITY TRAINING (New Employee Orientation) PHASE I 1. Initial Orientation A. Overview 1. ADC Mission Statement 2. -ADC Code of Ethics 3. Professional Grooming and Dress Standards 4. Review ADC Employee Handbook a. . Employee Benefits & Personnel Programs b. After Hours Employment c. Background Checks and Arrest/Citation/Incarceration 5. Employee Performance and Appraisal System 6. Telephone Skills and Directory Reference II. Institutional Introduction A. Warden's Welcome B. Institutional Structure and Orgarlization C. Next Scheduled New Employee Orientation Program D. Individualized Employee Trcining Plan III. Personnel Processing A. In-Take 1. W-:2 Payroil, Salary. Work Hours, PAR, Types of Leave 2. ADC Photo and Identification 3. Emergency Contract Data 4. Employee Be:1e:lts. Health InsuraJ1ce 5. Major Pe:sonnel Programs 6. Defe:Ted Compensation Prog:-am. Retirement. Disability. etc. 7. Arizona Drive:-'s Lice:1se. Registration and Auto Insurance 8. Conditions of E:7:?ioyme:1t Form 9. Credit Unio:'ls 10. ADC Empioyee ~andbook 11. Industrial Injt;~. Rqor.s Page 2 Anachme:1t #4 P~service Non-Security Training IV. Work Site Orientation A. lntroduction to Supervisor B. Telephone Usage and Director C. Meals and Dining Facilities D. Transportation, Car Pooling, Parking E. Employee Performance and Appraisal System Discussion .' PHASE II V. Introduction to Arizona State Service A. Arizona Depanment of Corrections 1. Arizona Depanment of Corrections 2. Divisions and Bureaus 3. Institutions, Offices, Release Centers, Private Institutions, COT A 4. Chain of Command 5. Arizona and ADC Demographics and Cost of Incarceration B. Starf Development and Trc.ining ., 1. Annual Trc.ining Requirement Tuition Reimbursement Program 3. Community College Program 4. Continuing Education and Licensure Credits 5. Outside Training Activities and Credit 6. Employee Trc.ining Records VI Civil Rights and Employee Discrimination Issues A. EEO and Affirmative Action for ADC B. Sexual Harassment C. Americans with Disabili:\' Act (ADA) VII. Institutional Famiii~z.ation Tour .:: A. Points of lnterest B. Perimeter Secu~:\' C. Parking Locations D. Communications and Ce:;t;-::.i CO:ltroi ?age 3 Attachment #4 Preservice Non-Security Training VITI. Institutional Operations and Security A. Institutional Security B. Inmate Accountability/CountslPasseslIdentification C. Tool and Key Control D. Vehicle Security E. Emergency Procedures, Disturbances and Incident Management IX. Professionalism and Ethical Behavior A. Employee Discipline B. Code of Ethics C. Policies, Rules, Laws D. Professional Responsibility E. American Correctional Association X. Valuing Staff Diversity A. Cultur.J B. Racial C. Gender D. Disability XI. New Employee Progr2.m Review and Summarization A. Questions and Answers/Review B. Final Examination A IT ACHJv.tE.~T #5 Supplemental Information Substance Abuse Treatment Program Letter dated July 29, 1993 Letter dated August 27, 1993 "\ M..A...~AGEME!'\-r &:. TRAl!\'I!\'G CORPORA.TI0~ ~ Harn&O"l 8M:: . P.O. Boa ~ . ~ UI.aI\ &4.&CS 801JS26.2tXXl . Fu eolI'621.~ RO:" RUSSELL v.::E PRESlOENT CORRECTIONS (. BUILDING MANAGEMENT July 29, 1993 Ms. Mary l. Laverdure Contrac::s Administrator Mail Code #802 Department of Corrections 1601 West Jefferson. Room 414 Phoenix, Arizona 85007 Anemion: Ms~ Maureen J. Rogers Assistant Contracts Administrator Dear Ms. Rogers: The following exhibits are included with this correspondence in response to the list of information to be provded by Turning Point and MTC comained in your lener of July 2 j, 1993. regarding the meeting notes from contract negotiations held July 15, 1993. . Exhibit 1: This exhibit contains Turning Point's responses to the information requested during the referenced negctiations. The responses follow the numerical order presented on page 4 of the meeting notes. It should be noted that the samole file requested under item 3 will be forwarded by Turning Point. under separate cover. directly to your anemion. The sample file you will receive has been created using a wpical cliem horn Turning Point's. Substance Abuse Treatment Unit (SA TU) located in Fresno. California. SA TU is a 50 bed treatment unit operated under contract with the California Department of Corrections with an operational approach which is very simiiar to that proposed for the Marana faciiity. While the.e may be some minor va.iances. ,his file should provide a basic outline of programming for a tYpical inmate from receipt to release. . ::xhibiT 2: This exhibit contains a revised De~rec;ation Schedule ~or the 450 bed facility located in Marana. Arizona. As reauested, the format. content anc seauence of ,he March 3. 1993. submission has been retainec for comparison purposes. Although not included as a foliow-up item in ,he July 15. 1993. meeting notes. Mike May reques,ed some information regarding the insurance impact of the reauirement for DPS Licensing versus The elimination of such a recuiremem. Exhibit 3 contains 2 copy of internal MiC c::mespondence frC'm Ol;r Risk Manager. Doug :=isher that addresses th:s issue. Should you have any aues,ions. feel free to contact me. .,.:/1)~21') /' -Y-. .' ~ ~ '- . j r J' ~~ ./L'-'""\..~."'-:' .~~etl. vice ?reslcen1 Corrections &: 5uilding Man2ge;.:e!i~ 1/ '1 ~ . VL1J '! =~cicsL:~es ~~:C:'~:'::?lo"., ;::.6: EXHIBIT 1 '=' " " This material is in response to requests from the Arizona Department of Corre:tions regarding de:.ails of the Substance Abuse Tre3t."!le~t Program for the Manna facility. The following areas will be addressed: " Addiction Severity Index - Assessment tool. 2, Treatment Modalities. 3. Individual Treaunent Plann.L'1g/Treaunent Goals/Competency Measurement. 4. Group Types and Sizes. .' 5. Staffing Ratios. 1. The primary assessment !Ool used at intake will be the Addiction Severity Index (AS n. See Anachment A for descriptive information on the AS!. As mentioned in our meeting on July 14", 1993, a slight skewing of numerical scores will result from assessments with inmates who have been incarcerated 30 days or more prior to the assessment. Turning Point will develop a default numerical score for those individuals to refle:t a countervailing effect to achieve accuracy in the severity rating. Please see Anachment B for the AS! scoring instrument. See also Anachment C, A Guide to Training, and Attachment D on Composite Scoring. The ASI will be administered by a trained Drug Abuse Specialist at intake. In addition to the severity rating. the AS! interviewer collects the inmate I s own evaluation of his/her need for treatment in each of the seven areas of the Index. Tne composite of the numerical rating and subjective information is then used for treaune~t plaI1I1h"1g and possibly for research data. Although the ASI may be scored by hand. Turning Point is anticipating utilizing spe:ially designed cornputeriza~ion for scoring and repon ge~eration (requires IBM compatibly personal computes with slack R:\11). AS the ASI was initially developed for rese:l.rch purposes. it lends itself for use in outcome measurement and program e\'aluation. Research design materials and compmer compilation programs can be obtained from !.he Cniversity of Pe~nsyl\'ania School of Medicine where the AS! was developed. Tne benefit o~ using the standardized addiction treaunent outcome smd)' they have developed is the utili.y derived in comparing relative efficacy to programs treating similar patients which have used ,he same smdy design. See Attachme~t E for more information on use of the ASI :~ pro;:-am evaluation. 2. The basic tre:1tme~t moci::.li:ies u~iiized will be 2. combination of psycho educ:nional direc:ed co!:nitive t..ainim:.. AA/~A!C.; based ~:-Ste:J self helD. and directed ~iOu:'l oro::ess. Tnese _ _ ...... a.. ap;Jroaches combi;1e well and r.;ake :::::.ximum use of limited resources. In general. ;roup OiOcess is effective b\" allo\\"in~ ihe ;:;aximum amount of immt from si.aff LO inmate. The .. . - . s,.-ucrured education compo:Jen: e;':SiJ~es .hat all in..-;;ates are presented with information that the\" can use to chans:e their 1 i \"e$ "r\' Dresen,in~ information to a Jar~e !:rOUD instead of . - .. .. - - - .. ;.......;;\.J.o.u"JJ\. -l'i1A ;:a,.;ll....-::..""--::i -~.,o.-;"::j ~ (" ,....~-,...;D""'..i\. .'orm"tt..o' '0 "110 .. ....~-. po.;.,lCIo' ,,"': ..l~. _.' j ~ ~..._~_.h.:.._. ..._._. ._. .s ,:,u..J~,_..... J UJ_ _ ~ '" \\ '-'-'J..pr,-.._rlsJon Con... dis:ussion ::.nd appii:::?!ion 2.00:;; i:'_-::2.!es \'ersus more sophisticated esOteri:: ::lodallties that are n'"'t ,,~ ""C::'J\' ("'--C:~"..; "..,.. ;--....l..~..-.",.; "..,\" 1~_('\" n'u,...,i--l"-c: 0'- J"n";J'\,J"o'U"Jc: o~ ']:-;'''.. "O'U--tl.O'" 1 \.. _... ....._...1.. ::,,":'..:-'__ .......1\,,01 ~J..=-- _,..1................ 1,.. 1';';=_.1 ..dl......_ l u ~ _ J ..".J.......\.J,..... '-~ .I.. 1 ~e 1 ~ ~I"'" Dl00""j ;..-C: ., 1"\"'C' .-:C:'"\-'" ".- c:u--"c:~ \"J.'" ";J'\'e-c:" ("'rouDs :n-iu"':j""'(, O!'~""'''e-s It ic: ._-_ ....:-." ....... .J~_ W 1........= ....... Ll.:....\ ~. .. ~___,:. ,'\ ....1 U .......... = .. .1 il-. ~ ..= ~......iU.... "" a self-paced process that allows in11utes to help each other learn. AA has the benefit of providing follow up in the community upon release from the institution at no cost to the Deparnnent of Corrections. AA can be found in most communities and provides a good socialization outlet as well as suppon groups. Both the cognitive training and 12-Slep process place the responsibiliry for rehabilit2.tion on the individual rather than the therapist. The Directed Group Process has the benefit of increasing the learning curve for participants who experience each other's "treaunent". It allows for the tool of "peer-pressure" or group-think to produce sufficient psychic stress to moth'ate changes in behavior. It teaches leadership and problem solving skills through an application of group governan::e. This promotes the concept that inmates are partially responsible for each other's treannent. This group respom:ibiliry also leads, i~ follow-up, to increased social responsibility in other areas which promote good citizenship and obedience to social norms. Turning Point has had successful experience with this model of treaunent in a correctional sening. In addition to these primary modalities, treatment will be augmented in the following ways. Behavioral therapy elements will be intrC'duced systematically by developing a system of rewards and sanctions that motivate imnate par-icipation in the primary modalities. These appropriate rewards and sanctions wiil be developed within the milieu of the total facility environment. They will be in compliance with DOC regulations regarding inmate management, and utilize program characte:istics that are not yet fully resolved at this time. Individual counseling will serve a twofold purpose. Its primary purpose will be to function as individual inmate case management to e:lSUre that eve:-)' inmate is participating and progressing in the onlnarv treatment oro~ram and that treaunent objectives are bein~ met. Individual .... .. - -- counseling will also address issues too difficult to be dis::ussed in group or special problems/treatment objectives. Individual counselors will employ counseling techniques found in a variery of treannent models. Fo:- instan::e, an inmate who may have difficulry unde:-standing or controlling a panicular e:notion may be helped by an individual counselor's use of E!1is' rational emotive the:-apy model which woule teach the inrnate that the emotion resulted from at anirude or belief held by the iru-:'late. 3. Individual Treatment Planning will be doc:l:nemed on the Treatmem Plan Form (Attachment F). This will lake place Oil imake. aI the end of the intensive treatment phase. and at a minimum of every three months the:-eafle:-. Treatment plans will utilize the gamut of resources a\"aijable to the prograr.l. These in:luJe the psycho-educational groups (of \"arious sizes) which will be attended by ::.11 inr.:ates. Additionally. suppor. groups or 15 inmates that maimain continuity throughout the prog:-2::1 will form the basis for most group imera::!ive therapy. These groups. guided by a the:-a-;:s:. wiii utiiize a model of group governance and apply the cognitin focus tOpics from the e:~ca::::mal groups and proble:n sol\"ing directed at ;nch'idu.,i -~o'D]"m" "'no' in~"~"~"~r."l ....~r'\\\..~ .,,....,c; O.:..,..~ """ou"-"" \\,:'11 J'n-1uo'.,o' A · n~ " iC" .~.. ....:-Ji. '- ..~ """" J......:-........\.. J.... :.Ir... \.. ...___. \.J."_. J....... ~'-_.. I .......... ...""\~~'.~. .~ meetings. .":'.A step srudies, urin::.!ysis. ';:;asi: e:::ucation and G .~.D. preparation. \\'ork assi!:nrne::ts. liie skills and ;Jre:-eiease e:u:a:ion classes. iournal writin!: and indi\'idual - . ..- c:ouns~~::-:~. \\.h~~ :"'cssibie. :-~:::ii\" :o:.:~s~::::!: \\"111 ~lso be DrC'vided 25 3.D::'rOD:iale. Indi\"idual -o. . - .. o...' cO'Jr.se!i:-:; wiil utiiiz.e ti1e c~\'eJ0~~d ::::-:i:",l ski!:s and i.re2i.:-;:e::~ te:h..-:iques thai. counselors prove proficient in. \\llen possible. i.I1diyidual counselors will be match::d to lIunates with compatible personality and treatment/need competen:ic:s. Assigned individual counselors will monitor treatmerJt progress and revise treatment plans as appropriate throughout the duration of an inmate's assignment. Treaunent Goal/Competency Measureme:1t will be accomplished in a number of ways. Pror:ress in !!eneric l!oals achievement will be measured and documented on AttachmentS G-l . - - Intensive Phase and G-2 After care Phase Goal Achievement forms. Attainment of Goals in Education groups will be measured by both anendance in group and a wrinen proficiency exam ;iven at the end of e2ch group section. Goal anainment in sUp~)Qrt group will be measured by anendance and the group therapist's approval of satisfactory panicipation in a minimum number of group sessions. Twelve-step goal anaimnent will be measured by anendance at AAfNA/CA meetings and satisfactory submittal of 1st Step Journals and 4th Step One-year Plans in writing by the inmate. Basic Education/G .E.D. will be measured in terms of formaned progress as assessed by the teachers/instructors as satisfactory or unsatisfactory. Sobriety and abstinence will be measured by the number of negatively tested urine samples. Progress with idiosyncratic treaunent objectives will be measured subjectively by individual counselors and documented on the Counseling Progress Note form (Attachment H). Counseling notation will follow the widely used DAP format and allow for notation on family counseling when applicable. Individual trearment goals will be objectified to the extent possible to delineate clear goal ar..ainmem. For example. an inmate with an anger problem may have a goal of demonsL-ating ,,'hat causes him anger. how he identifies anger, what plans he has to control and/or vem his anger in non-destructive ways. This type of goal attainment would be evaluated by the indi"idual counselor. 4. There are [wO basic group types: education groups and therapy or SUPPOI1 groups. Tne therapy groups will normally be 15 inmates and wi1l strive to maintain continuiry of rnembe:ship throughout the dU:-2tion or an inrnate' s semence. Tnese groups will be led by a therapist and assisted by an iI1I7iate group leader whi::h will rotate on a pe;-iodic basis. A form of parliamentary procedure wii! be used in these gi'OUpS which will fo:us on applying the knowledge learned in the educaiion groups and on problem sol\'ing. The the:apist "..ill set the a~enda for each meetin!: and e~sure s3:isfac:or\' oar..icination bv all inmates for credit to be - - . .. .. . ~iveno Grollo confrontation and role ':jj::\'in!: will no> violate a DC re~ulation for inITIate -.. . .. - - beha\'ior. .;i no time will an ::-..:::ate be ?la:ec. in a position of actual authority over anOther for an\' a''"'''~' 0: j'nstJon"J.on""l J'J.r-" ~;";.,'s o~ ...,~;\.;OJ"""<:: .. _:'10,00__ ,I, .. ~.. ~_. 1...... _=",J. ..~...." -:-_. E.::u:ation ;:-oups will he as 5:7;all as ::n be economically scheduled glven the staffing a\'aila::ie, It is exn~cled j~ I"I~';">~ '0 ...,,-,.;,.....,;-.. ...... "~r\UD r"c:;ou--" that ..ri"--';on ",..ou.... S;7"S _ \"". '-_. l . .J,..;.\.......""'_ t",j,J,,_ =J'-.. ""'... ,,"-.... ""'Ulo.oi......:..... ='" ~j ._- will \"ary ;"rJiTI 15 iO 60. de':e:lc:n!: O~ the ro:)i:. acti"it\' scheduiir:!:o and facilit\" soace .. - .. ' - .. .. 2yaiia~le. S:u:~!io:: ~ro:.:~s \\"~11 in:lud~ le::~~e. \.1d~c. ~~OUP dis~ussioI1. i~~2!e Drese:-n::'lionc: - .. - .. ..- ~'!""'~ --'dp-~:"':\"l'n("l ~ l~D~!~Q"". C.":~-:- \\-:-. 9""\-0_-::_,... -:::-...: 'll~'-a. r~o_ ~!i~~:'"'atl"o"'., ....,n~ ....h... .\,..... :--..... .::. .. ~....._...H_.h .......... ill ,:.-....:-.r...._ .......'- __ ..0 ____ .. ~ro:;~s _ prese:1: \..-1....>~ ''',t, -:: t..... "'"'.; 0'- ".,,-:" "'-"''''''1 "'~ ,..-"",~ "..-;.., \~ l...... ~..... _...." ,l,J1o,. w...."- . _...._.J =.....II",j~. 1..... =....._:-- ~....j..._. Submined in Attachment I is a mor: de:.ailed description of the course outline to address women's issues in the education groups. 5. Staffing Ratios After reviewing the question posed relative to staff/inmate ratios, we have realized a few errors both in the question and in the response. The question states that ~ere will be 33 hours of education classes and i2 hours of group counseling sessions and 8 hours of individual counseling in the intensive phase of the program. However, although the proposal perhaps did not make it clear, the 33 hours of education classes are a component of the 72 hours of I!rOUD; - . 39 hOurs will be in supp,.lft group and 33 "ours in education group. Also, the proposal states thai weekly i~dividual 'counseling will be provided for each inmate at a maximum of once per week and does not indicate a duration of counseling. We anticipate this will averag; one-half hour per week per inmate. The following is in answer to your question regarding how we calculated the .02 staff ratio for the intensive phase progrc.rr.uning. Originally, we added 924 man hours per year proje:ted for educational classes, 4,536 man hours per year projected for group counseling, and 8,400 man hcurs per year projc::ted for individual counseling. Tne total was 13,860. We divided this by the toml number oi work hours for each staff in one year (2,080). This yielded 6.66 full time equivalents (1- l.t:.). '\Ve then divided by 350 to get the .02 ratio. Thus, based on the assumptions, .02 FTE's (50 inmates per counselor) would be needed per program bed to satisfy the staffing requirements of the first phase pan cf the program. However, as mentioned above, both the question and our original response assume that the 33 hours of educ:ltion classes are not included in the 72 rotal hours. which is an incorre::t assumption. " .: 1 I \. ~i;-:::~ At:gust 7:1, 1m -Mr. Ron Russell Man.age::ne..'1i and Training Cc..?_J; .loon P. -0. Bcx 9935 D gden. Ui 84409 -Dear Mr. Russell: _ The toIlOVr'ing is L"'l response to the request letter of S /19/93 fror:1 the A.'iz::m.a . Deoart:nent of ColT~ons.. . 1.-bt2ff t"':7.h+o, r relative to administration of the AddidD!': Seve;7tv - ,. Jndex. Turning Point ~~f ~o will be admtnistermg the ASI will be trained in detafi in the ASJ instrument The Treatment Researc..i Institute offers" standardized on-site training CL"1d certificati~ for AS! inte;vieVYe"S. Turning Point will a...ange for on-site training and ~fication of releY'2!rt s:.aff. This training wiD be ~ated pe:ioCic.a1ly as the need dic:ates.. In addition, Tre.atment Research J~t"...:e o1fe:-s a number of traming rnzt:rials to supplement the exp2riential tctining. These mate:"'.a1s wm beolt"..ained fer use in trarring S"..aff. Turnbg Point YfiTI strtve to matrrtain certification for as many s:aff as possible and by req-.:ir-ement for an Drug Abuse Specialties. 2. Tummg Poirrt g-uarantees that the ASI "'Nlll be admir'jste:-ec ani)' by t"amcd s~ and 'Ni1l n::;t be self administered bv any ~...lIate. ~ ~ 3. Tnd;vi~~:2: C~.::'-c.eni:!g. To t..'l-te extent possib1e, giVEn the li::<i~ations ot statftng. :~ is TurTIi~ Point's intention that a., ave:-age of 1/2 hour of indtv1&..:al cc-=.se:Hng Vt"31 be p!i:;vided to e.ac."i i.....crte ~ w~x... Best reg:a~-s,. .~. ;<91Jr~ . ~.....A: - ~ .....:.. ':""-.: - J. .11:.;4' .!"lY, .t....-ec'u~. y'e l...t.l2C07 ---...... - r,)- ,;......._ r-.L:::::> ~ , . -~ - "':".. .-- . ..... ....._1. ..~! )"'" ,,- ta::;: ~J~" .. ... ......v"", 'c';::~'L7~;:~~~l \Q "" ~ ~ ... ~ - u < :... ~ < El ~ ~ ~ I ~ ..; A :; ~ r- oO ~ .. E A .., ~ "1 .. 0 ~ .. 0 .. ~ ~ "1 A - ~ :; .. 0 .. .. ~ .. ~ A ~ .. .. ... '" ~ - Z ~ ::; ;- :: :! .. ~ ~ ... A ~ .. ... ~ - ~ - ~ - - ~ ,: A ~ ~ ~ .. ... .. ..; - ~ ... ..; ~ " ~ .. .' A ~ .. ... ~ ~ - :: ... ,: A .. '" ... ... .., .. '" ... ... ... ~~ <= U- tt.l:':: '-' ... ... Z:" -:.:: "".... ...~ :;~ tt.l: '-' ~ ::l ~ 5 :l .. A .. ... ~ ... ... ~ - ... eo ... .. ... ~ A .. ~ ~ ... C i- ... : eo ~ .. .. A ~ .. .. ~ ... - - .. .. ~ A eo .. "1 ~ .. : ... - ... ,: ~ :: .. 5 g A ~ .. ~ :;; .. III ~ ::: 0( ... ;. ~ " iel ;,. - , <0( ;,. ... '-' " '" ~ " ... '" Q ~ '" ;.; '" X - - =~~ ~ N ;:t ~ C '-' - :... < ... ... ~ -: - ::: :.:: ::: < :... < ::: - :: '~ ~ ~ - - tt.l ~ ~ ~ q - ~ :::: , ~ :> :3 ;- U Z < Co. ::l U g ;- Z < ATTACHMENT #7 BI-1\10!\TIIL Y IN-VOICE SlJPPORTL~G DETAlL CORRECTION SHEETS M...\R.A~'\A CORRECTI 0 ~AL TREA.. TME.' -r }-..... CUllY BI-MO~T.dLY L'\\TOlCE Contractor: Management and Training Corporation (MTC) Contract No: DC-CCD-PRIV-94/98-6478 B~ Cycle: Month: . 19 (Cheek) 1st to 15th 15th to end of month , Percent of Occupancy Calculations for Billina CYcle: Actual Inmate Days a. Male: b. Female: c. Total: ~?:::-::::;~:::,::::~::::t::~::::};:;:;:;::::ryf?:T2~ 2. Number of days in billing cycle: 3. Total actual days (line l.c.) divided by number of days in the billing cycle (line 2) equals average daily population: ~, Average daily population divided by facility capacity equals Percenr. of Occupancy. 5. Total Inmate Days from line c: 6. Rei~~u=sem~~= rate per A~~ac~~en: ~ s .AHOUN"!' ::NVOICED: S (Line 5 multiplied by line 6) 7. Deduction based on Correction Sheet(s) dated s 5. Additional payment based en Correct~en Sheet(s) dated s TOT:.!. .AHOUh""l' n,-JOICZD: S The undersigned hereby certifies that this im'oice and the supporting detail have been rcviewed and represcnt an aCCUI'3te billing. for sen'ices rendered during the time period indicated abo\'e. The invoice and supporting detail have been forwarded to the Department ContI'3ct Monitor this _ day of 19 - Sig.n:lture: Project Director or Fiscal Officer !\1.aI'3na Correctional Trc.atment Facility Thc undcrsigncd hcrcby "erilics that the abo,'c c::llcuiations are correct and that the supponing dct:lil idcntifies all inmatcs assigned to the MaI'3na Correctional Treatment Facility during the designated billing period. Authorization to P:lY the Contractor the Toral Amount Im'oiced is hereb~' gh'en by my signature below. The invoicc and supponing detail were forwarded to thc Department's Central Office Accounting area for paymcnt this d:ayof . 19_ Sign:lture: Departmcnt COntr:lct ~10nitor A.rizona Department of Corrections MAN\1v.. CORRECTIO?\AL lREATME~T f......:rUTY BI-MO~-rHL y j!\'"VOICE/S'U"PPORTI!"G DETAIL MjJ..T'"-::'-ArTT 'T'!"V' . 1:'. \...l..I...4.J. ".1. .,.-..--...--..------- (DUPUCATE rriESE PAGES AS NECESSARY) Contractor: Mana~eme:lt and Trainin~ Corporation (MTC) Contract No: DC..cCD-PRIV-94/98-6478 Billing Cycle: M.onth: . 19 (Check) 1st to 15th 15th to end of month DEPT. L;"TX T~ PERIOD BI~~ED I :NHkTX DXPARTiJ'RE INMATX NAY-E NO. . RECEIVED I I DAYS DATE - FRO!! TO I - I I I I I I ! I I I I r I I I I I I I I I I I I I I I I I I I I I I I Ii I I I I I I I I I I I I I I I I i I I I I I I I i I I I I I I I I I I I I I I I I I I I I I II ! , I I I I I I I I I ! I . I I , I I I I I I I 'I II I! II I I I I i I I S~~7C7~ 7~:S :^GE - ~~~~ :^~:~:7~ :~~~7~ =^~s t G"'N-h"'D TO':'l.L - }"..JJ.E F].C:::':::-Y :::R}"..1,:n: DAYS: :: MJU'1l1a Correc1iow Treatment Facilitr m-Moathly lDyoic%lSa~ ~ - ~ F.cIity (Coatinocd) DEP'l". DA'.:'% 'l"IMX PERIOD B!LLXD :::NMAn D XP ll':"OU INY.A':"X NAME: NO. na:-vx:n I DAYS DA':"X TROK TO [ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - I I I \.. I I I I I I I I I 1.- I I I I I I I II I I I I I I I I I I I I I I I II i I I I I I I I I I I I I I I I I . I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I I I I I I Ii I I I I I I I II I I I I I I I I II I I I I l I I II I ! I I 1 I I I II I - I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II i I I I I I I II I I I i , I ! I I i II I , .' , S._-C-". -""'""5 -:>" ~- . "'". - ..." ~-- --... -"'''''U" -":' ""I" ".5 J l..J~. ..ra.- _...._ .^y~ .~J:. ...J'\.\.o._____ _.'I:...I'\.__ -^'_ I! Ii : I i! I II ( 3 ~ 1~ Cor-r-ectiorW TrouIIl:nt F aci.. . Bi-Moathly laToia:ISu~ Dd:ail- ~ Facility (CDatiDDC:d) DXP':'. DJ..':"% ':'IMX PXRIOD BILLXD :mo. ':"% DEPll~ INMA ':'E l>AMX NO. RXCX::YUl I DJ..YS DJ..':"% TROM ':'0 ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I. . I I I I I I I I I I I I I I I I I I I I I I I I I I I I . I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ , I I I I I I " I I I I I I I I I I I I I I I I I I I I I I I - I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I I I ! , I I I I I I I I I I! I I I I I I I I ! S-~-"'--~ -.:-t: -::.-.". _ "'.-.". .".------v -...ou'-.". D'''-5 , U_.1.lo".i_~_ _..__ ...^\,)_ .-"'-_ ...^\-_____ _."\.-~-- ^- I , t II I II I . I I I I . I . I ~ MAR), . CORRECTI 0 K AL TRE..A.. TME.~ -r :ILITI BI-MO~TIil. Y I!\'VOlCEJSUPPORTING DET ~ F~:FACIllIT -.--........-....--.... ~ (DUPUCATE mESE PAGES AS NECESSARn Contracor: Management and Training Corporation (MTC) Contract No: DC-CCD-PRIV-94/9S-6478 Billing Cycle: Month: I 19 (Check) 1st to 15th 15th to end of month DEPT. DATE . TIMl! PERIOD BILLE:) I INMATE DE:CAR"I'URE INMATE l\~ NO. RXCErnD I I DAYS' DATE ?ROM ':'0 I I I I I I-- I I I I ~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I- I I I I I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I i I i I I I I 1 ... I I I I I I I I I I I II I I I I I I II I I i I I I I S~707~~ 7~:S ~~GZ - :Z~_~E :~C:~:7~ :~~_~7E =~YS I I , II G""MND 'rOT;':::' - FEKALE ?AC::L::::'Y IXHA'rE DAYS: 5 1>tarar,' Corrr:aion.a.l Tratmcnt FIlC1m~' Bt-Moathlyln...otcdSapportizz: Dc:tail- ~ Facility (CoatiDucd) II DEP':'. DA':'% ':'~ PER~OD B:~XD :mo..n DEPAR':"D'RX II I~':'E }\].HX NO. RECXIVED I DAYS DATX TROM ':'0 i I I I I I I II I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ; I I I I I I I I I - I I I I I I , I I I I I I r I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I \ I I I I I I I I I Ii I I I I I I I I I I I I I II I II I I I I I I I II I I I I I I I II I I I I I I I ,I ! - I I I I I I I I I I I I I I I I I I I I I I I II I I I I I I ! I i , \I I I I I I I I " I . , I S~~~-'- -~-s ~._- - ~~v,.~ ~'-----v -~~'-~ _.~s J ~__\""I_~_ _..._ _^u&. ..._;.....>'1.__ ..1"\.10..___..._ _."\..~..._ _^_ I I I I I I I I I ! '. I I , II II !I ij II II /; Marazm Cornctional Treatment facilit). B+-Moa1hly ID,.oiczJSa~ Detail- ~ Facility (CDGtiDucd) Ii DEP':". DA:'% ':"~ PERIOD B:L~ZD :NMA':X DEPAA'I't11Ut I INMAn: NJ.MX NO. RE:CE:vXD I DAYS DA:'% :ROM ':"0 ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - - I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , i I I I I I I ! I I I. I I I I I I I I I i I I I I I I I I f I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I I I I I I I ! , I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ I I I I I " I I i I c::--~-,. -..- ~ -. -- --'\,I' . - -, --- --". -,""U" -- ... "S ~ -"""=-~..~ ...-;.-~ :.""Y':' - :=-"""""""-.:.. :^"'-_.....___ __,...".....:.. ..J^_ I t -. ~ '-' ,.. r \ '-' c > z >- , - - z C :;.....:; ~'=~: 'to:. _.' ....- ~.. : ;~:~~~ ~:i >:B~ ~:'~ ... ~ ::/) z o - u ~ :::::: :::::: o U = :.. '"' :.. t~ ~ ~ :., - :: _.:.1 :.. = =- : ~ :.. -:: :..J-:: = = :J ::.l ~ ~1~ :: ' -;i:; _ ~l -= - ... - ~:= '" -= ,-.. '" ;" :o:.~ ::; :: :.: ~ :... -= .- - -:: = '" ~ '-' :".= :.J :.;:: ~_ :.. '" ~ '" - ... :J - .- ... ; - "" ~- - - - - , :J - -.-:: ;:: -I ., -= ~l-= '.1 == - '"" - '_~ ~i'= a~ '.. i: :1- '0' ci~ ~ ..: = L. :..I ~ ~ i ~ <II ::: ~ ::I 3~ .. :.II ... ... ~ ~ -: ~ .. .. :: -:= - ~ ~ ~ > :: = ::I ~-~ 1.t I.. =- u ::I~':: -...0:-- ~ -:=-:=u 1.1 c.I t. U "l - - ~ ~ - ~ ~ u v E] 1: ... ~ I.. _::I ~I ~ .. _f _ ::. =j ... '" =1 ~ ~ .; ..= "- Cl;.w ~ , :OJ ci; =1-:= z: =! ~ c =1 s - =1 = ~ ~I~ ;;"-:- - - ,...~ - :r, .. z: .. ... :l :l ... ... ... ... ... .. .. "J'I -= .., :./'I; :", "" ~ :.. '" -:: :J G ~ x -. - .- .:.I -t ~ G... -. - :.I .: -" -' ..;. ~ :t- :..l __ .:::z - -1- = :J '" =- = ~ . '" :.J,,= ::: ... '" :J -..:: ::: '" ;.r..,- ::.... E i: ... .. ... ::: :: &.: :.oJ .J'! '= .. '" - - ~ (i : - .. = :: > ~ - - .F::;: ~-~... (,J :U ~ ~ - U - ~ - :.I"':: .... - ., "",,::: - - - .- :J: !i~ ~z ::: -:= ... 0-:= ""... OJ : 0 - u - - -:= ~ c ... ::: :-w .. :: :::l u :::l ::: ::I :.J ... ~ ... - ::I ~ U :> "'" '"" ... - :.II = S ...- :".a u ;- :.J , -; ... ... - .. .. s ~ .. .. -:= u ""... .::: j( : ;..:~ :s'::~= - - _~i: '" :.. - '" ... ::: '-' '" '- :J :.. ;.. :: .. -= ... .. :.c '."" '" ::Jl ;.: -:= '" ,.. - - "" :: ;.. U :: .. ... :::l - i~= i :: i :.; I i i I I I ! II I I I I i ~ - - ..:: - - ;..:-: I '.' ~ ..:: Z :.. :: _:tl ~;.. - Z I'"" ;;J ;.:li:! :- :.e :"'_::._ a::: :.,;z :.l ~t(~ ::: z-= :.J ::: :.r.i i:'" . ~c :::z CIl ... -c Z :.l i- ~ ..:: Z U :z:::;:! ~g~ :Ii :al ~:z: CC~ >:z: . z:z:< -.Q < II i , ::' . . .... ~I ::' -! :':'1 ~ _ = '" -.,j - ~t..::; - - ::.:1 = ...... :J ".f"f -= :..; ~ ;; ; ~ - :.J = -;i :.r. ~ _ ~ _ ~ :-i I = C ~: ~ :: - ~ -~ ." '" ,: .. - =- ::- :::.=~i: -; ::: ~ =~-:: \.,. - <::.,: :", .:.I ~ --=\I~ ~ .... u- ... _ u ... - :::; = ~ ;: ; I ~ -I ::: ~: I ~ I - ~If ~ II' ~I ~I ~ g I f51 I I I I I -I : I .... I I I I -1-, 1] I I -I I I -I - .... I I I I I .... "'-'j .... ~ :: :...: ~ - ~ .. .. ..::i Ii ... ::I ~-... - ~ .".11 ... OJ . - -:: .', - ;j =. u ... ::I III - :!l -., .. ::: :; - :: = - - .".- - -::- ... .. .. (J ~ ~ ~ ~ ~ ~ I. .. ;:) ::l ~uw t"4""; - .... -- ~ .- = -= G -:: = - .,.. - , :.. - ,= j- i =. - ! ::....::: ;= --:: ;.., , I I I , I , I , I I I 1-=- ~ g I J - I~ ~ I.f ~ I:: :;: :.. :.. :; = ...... ~ '" '-' '" t: ::I '" .", :: '" ::: ...... ..:!. OJ ::Jl ~ c -= Q ... = .. ;.., "" ... .. ... 'J! :oJ -= ::l " :.ll ;r. :oJ ,..... ...... :r. -- . \ ...." ...... ~ > z >- z >--..: ""' '......I ::""",".,: :E :3.': 1_.-: ~:~::l - -:-:: l ~;~l ~E:~ ~ CI1 Z o ~ u ~ c::: ^" - o u :.J ~ ~ :oJ - ._ :.J = ::: ~ :.", :.J ~ '- t:.J ",- :.J :J .- :... :J :.J 00( :J :J "'" -. 0- -. , -. , "'" : =:j :; ::...,= - - ..... - ~~~-"'-' ~ ...:. ....=.~~;~= _o-!f _-== :oJ ::J :oJ :.." :.It - .r. ':J .: ~ ~.= :,.. :: ... -= = '" ._ :.r .c:: - '- " I -= :oJ E .. .. ;:; =: ~ ;; .::: :.I ._ c: '-- "'_ >- t::J~:.. .- :: :.. ~ ::= :: :::: =:~ :", -.- -. - ~I~ ...J >'. = . :J :::- _, -::: :J ::: -I :J - ~1~ ..... = ~ ~l'= =: :J " :1- :.:.; :'\ =- .., ... .....-:: :J :J .. - - -- ~ _ :J :.1"-: ~ l.. - ::l :J ~ :J - :J ..... l:.;. '- :: -= :.J -= '" '" ~ == 3~ .. o .. .. '" .. ;j ~ .. - :: .. :.J ~ Q ... 1: = - ~ ~ ~.F= :I ::...~ Q~U~ u ... >.-::: .::= -= ~ ~ ~ - :.J .:;) - ~ - :.J ....... == .'" .. - :: o _ OJ I.. :: 0 -:s :: ,.; - -0 Cot c.ti:ju~u_.. ~:l-" a:; >u --..:= -::"'0 :: (...~ :s--CII .. ::;g,;j:.J< - ;:~~.~_.:= ~ ~ - c.:)o~ <l~:~:: -.->-:; ; =il.."-'":lu; =l":~'":l'" ol: ~~~;~':Ut: 'w -;~:"U::::s ~::j~UH~~ ;:~~. "'~-~.. ., -- >-- ~ ~~--"~-'":l ... -= ~ -..: .w r:.:_ "'-....-.. .:...._2-:'1 ~:::e :~... Z '-.. >-.. W .......-~~ ... - ;r :. 0.:.1 ..-= ,... . - =- .: - ::; :n ij -= ~ :j 0"':1 >.1.. :I = 0 - 0 .. :J .. ..... :.J :J -= :5 =- "'5 >. - I.. .. I.. :: :-u [0\ ~ \ \ ~:: I-~ - = \ "" <- Z :...:- -I ~I ~I ~ ~ "" Z :.. ::: :: :J ~ :.J _:I: ~:- z:; ;.l~;" .. ::: ~~;; :.:~::! - :; .. - '" '- :: ~ l:: :ol ~~? ~::e~ -~2 :.J ~ ::; .... - - >. ..~ - ~ ~ . :ole =;Z - - "':I '- , :: .": l:Il ::e ~ Z :01 i- ~ "'" ~ u a: "",;.I :.J:ol.... Q.=~ :i l:Il ::a: 0"":01 >i:- Z:c< -:w.: < :: . . :> =: I ::i I :.JI I ::1 ::1 I ~\ :..II ..... - ..... .... ...; I I I I I I ! .....1 ......, ~ ....1 I i 1 I ...., ....! I I U \ I I -I I I I I 1 -\ - ~ . , - - ;.. ~~ .; OJ '" .::- - &.I - ::: .. d -..: c lit - ~ .. 0 .. ~"t:~ c: = ~-=: .... :: _ u ~ Q lit - ~ -", .. =:i >. :: - x = -: lit _ "':I'":l .. .. .. "E"E'E '- '- .. J.. :: ~ Q _ 0 uuu -1"4'"' .. ~ .... - ,... .... u .~ '- - - - = = .- .c:: - .. -:: " -::: - - ... -:-- - ~ ;.: - , :; ..- - --::: ">., :.J '" = .E ; ~ :.J ~_' '" , , .... ...,; ::; :J E..;: :".c:: - ~ :J :: u "" .. '- o ... ~ "" - ~ ... :.a ~ '- '" - o - .= ::I ~ ... .. ">., ... .. ... '!l ;; ::I '-II ;fl ATTACHMENT #8 1. ?\1 0 N1HL Y INVOICE FOR Li\1\1ATE \V AGES FOR 'VORK ASSIG1\'1\1EN1S IN THE SEClTRE FACILITY 2. SlJPPORTING DETA1L MARA1~A CORRECTIONAL TRE.A.. TMENT r ACIIlTY MO~lHL Y INVOICE INMATE 'WAGES Contractor: Management and Training Corporation (MTC) Contract No: DC-CCD-PRIV-94/98-6478 Month: ,19_ TO: Department of Corrections Contract Monitor FROM: Fiscal Officer, Marana Correctional Treannent Facility SUBJECT: REQUEST FOR MONTHLY REMBURSEMENT FOR INMATE WAGES EARNED Reimbursement for the month identified above is requested. Supponing detail is attached to verify invoiced amount. TOTAL AMOUNT INVOICED: S The undersigned hereby cenifies th~l.t this invoice and the supponing detail have been reviewed and represent an accurate billing for inmate wages earned for the identified month. Tne invoice and supponing detail have been forwarded to the Depanment Contract Monitor this day of ,19_, I Signature: Project Director or Fiscal Officer Marana Correctional Treannent Facility The undersigned hereby verifies that the supponing detail included with the invoice accurately documents the number of inmates earning wages, hours worked, rate of pay and wages earned for the identified month. Signature: Deparnnem Comract Monitor Arizona Deparnnem of Corrections Date 1 Contractor: Management ....ld Training Corporation (MTC) Contract No: DC-CCD-PRIV-94/98-M78 MARANA CORRECTIONAL TREATMENT F ACIUTY MOI\TIIL Y TI\rvOICE/I1\MA TE WAGES SUPPORTING DETAIL (DUPUCATE THESE PAGES AS NECESSARY) M:Ar~FEAt:ILITY ...-.'....:.;.:......_..........;...~....:........v/.............-.....................: Month: , 19_ INMATE NAME ADCI JOB CODE START DATE HOURS WOR,KED PAY RATE AMOUJ'IIT EARNED SUBTOTALS FOR TIllS PAGE , ~lar~ila Correctional Treatment Facilit)" Suppon.ing Detailllnmate Wages (Continued) MALE'FACll1TY :........;.;...,.....""",........"...-.....",.;...........;..............;.;.;..... Month: , 19 INMATE NAME ADCI JOB CODE sr ART DATE HOURS WORKED PAY RATE AMOlJ?l.'T EARNED ~ SUBTOTALS FOR TIllS PAGE 3 , Contractor: Management and Training Corporation (MTC) Contract No: DC-CCD-PRIV-94/98-6478 MARANA CORRECTIONAL TREATMENT FACIUTY MOt\TIIL Y INVOICE/INMATE WAGES SUPPORTING DETAIL (DUPUCATE TIiESE PAGES AS NECESSARY) FBifALE;:FACILITY .....;.....;..-N'^"'....;...;.......;.;.....;.;.;,.,;.;:;;.;.;.;,,:;.;...;.;.....................;.....;.;.; Month: ,19_ INMATE NAME ADCI JOB CODE S"rART DATE HOURS WORKED PAY RATE AMOUNT EARNED SLTBTOT ALS FOR THIS PAGE A ~ ~Iara!".a Correctional Treatment Facility Supporting Detail/Inmate Wage; (Continued) ;;.;_; .;.....v....."..._.........;^',.....,.,;,;..;,..,;..".:;;,....,.:..'_..._....,..,.."H~... FEMALE.FACIITIY Month: , 19 TNMA TE NAME AJ)C I JOB CODE START DATE HOURS WORKED PAY RATE AMOUNT EARNED .' SUBTOTALS FOR TIllS PAGE A IT ACHMENT #9 . INSURANCE REQUIR.ErYIENTS 1. COMMERCIAL GENERAL LIABILITY Coverage is to include: 1. Minimum limits of liability: $5,000,000 combined single limit each occurrence, with an aggregate limit of $20,000,000. Department of Corrections shall review all deductibles or self insured retention levels for financial adequacy. 2. Premises & operations, independent contractors, completed operations and products liability. 3. The Broad Form Commercial General Liability Endorsement or equivalent coverage. 4. The definition of personal injury be extended to include mental injury, shock, fright, humiliation and invasion of a private occupancy. 5. Extension of the definition of occurrence to the effect that "injury or propeny damage committed to protect any person or property shall not be considered to be either expected or intended from the standpoint of the insured. " 6. Notice of Occurrence wording as follows: "Failure of an agent, servant, or employee of the insured to notify the company of any occurrence of which he has knowledge, shall not invalidate the insurance afforded by this policy as respects Additional Insured." - 7. Knowledge of Occurrence wording as follows: "Knowledge of an occurrence by an agent, servant, or employee of the insured shall not in itself constitute knowledge by the insured, unless the insured's director shall have received such notice from its agent, servant, or employee. " 8. Coverage to include all elected or appointed officials and to extend to the liability of the Department, its depanments, agencies boards and commissions its agents, officers, directors, and employees with respect to the operation of MTC hereunder. 9. All employees and volunteers should be included as insured "while acting on behalf of or for the benefit of the named insured." Any exclusion of coverage as respects injury to fellow employees is to be deleted at the insured's option. Page 2 Attachment #9 10. Employee Benefit Liability Protection: Coverage should be applicable to "all employee benefit plans" of MTC and its departments, agencies, boards and commissions and all officers, agents and employees thereof. 11. Deletion of any exclusion for explosion, collapse and underground propeny damage hazards. 12. Products coverage shall be for all products of any kind. 13. It is agreed that damages is defined to mean compensatory damages and includes punitive damages unless it is against public policy to pay punitive damages on MTC's behalf. 14. Coverage is to include personal injury and propeny damages arising from the law enforcement activities including jail operations. 15. Occurrence shall include acts committed to protect life or propeny, or in the pursuit of assigned duties. 16. Personal injury to include: bodily injury, mental injury, anguish or shock, sickness or disease, including death or disability at any time resulting therefrom and resulting from the following: a. Wrongful entry, eviction or ether invasIOn of the right of private occupancy; b. Discrimination; c. Humiliation; d. The publication or utterance of a libel, slander or other defamatory or disparaging material, or a publication or utterance in violation or an individual's right of privacy; e. Assault and battery; f. First Aid, failure to render medical assistance; g. Violation of property rights; h. Violation of civil rights; or 1. Jail operations ~ 17. No exclusion pertaining to injury of an individual in the custody of MTC or failure to render medical assistance, or failure to provide adequate protection. Page 3 Attachment #9 Additional insured: The State and the Department of Corrections shall be additional insured as their interest may appear with respect to the operations of MTC hereunder. II. COMMERCIAL AlJTOMOBILE LIABILITY 1. To cover all owned, hired and non-owned vehicles including automobiles and trucks under long term lease. Minimum Limit of Liability: $1,000,000 combined single limit each occurrence, with an aggregate limit of $16,000,000. Depanment of Corrections will review deductibles or self-insured retention levels for fmancial adequacy. 2. Uninsured/underinsured motorist coverage should be included. 3. Additional insured coverage for lessors or leased vehicles where required by the terms of the lease. 4. Deletion of Fellow Employee Claim Exclusion at the insured's option. 5. Contractual Liability Exclusion not to apply to "hired car" coverage. 6. Notice and Knowledge of Occurrence Provision to be the same as found under the Commercial General Liability coverage. 7. Coverage to apply to mobile equipment while being rransponed by a covered vehicle. 8. Trailers to be insured whether or not designed for travel on public roads. Additional Insured: The State and the Department of Corrections shall be additional insured as their interest may appear. III. OTHER PROFESSIONAL LIABILITY MTC shall ensure that any of the following described persons who render services to inmates are insured as described herein: 1. Minimum limits of S3.OOO,000 combined single limit. 2. Medical Malpractice, to cover doctors, nurses, etc. 3 . Teachers 4. Social Workers Page 4 Attachment #9 5. Lawyer 6. Consultant. etc. Additional Insured: The State and the Department of Corrections shall be additional insured as their interest may appear with respect to operations of MTC hereunder. IV. PROPERTY 1. Building and Contents a. Coverage should apply on a blanket basis and with an Agreed Amount Clause. b. Perils are to be insured on an "All Risk" basis. c. Replacement cost coverage should apply to all building and contents; vehicles parked within the confmes of their service center(s), fire stations, or nonnal garage locations are to be included. d. The deductible should apply per occurrence. Deductible or self insured retention shall be review by the Department of Corrections for fmancial adequacy. e. Coverage to allow insured to rebuild destroyed building on another site. f. Full policy limits to apply to glass losses involving catastrophic losses (Le., fire, explosion, windstonn, etc.) 2. Time Element a. Combined business intenuption and extra expense coverage with limits of $100,000 is desired on a blanket all-risk basis. b. Coverage should include an Agreed Amount Clause. V. MOBILE EOillPMENT FLOATER 1. Coverage should be All Risk including flood and water damage. 2. Coverage should continue in force if property is loaned or rented. Page 5 Attachment #9 3. Coverage should be on a replacement costs basis with no co-msurance requirement. 4. Coverage to automatically apply to newly acquired equipment, subject to a maximum limit of $1,000,000 and reporting of such acquisition within 90 days. VI. ELECTRONIC EOUIPMENT/DATA PROCESSING 1. Coverage in the form of an All Risk Data Processing System Equipment policy or equivalent. 2. Coverage is for data processing systems, including equipment an component parts with replacement value. 3. Coverage should be broadened to include the additional perils of: a. Accidental erasure; b. Electronic and magnetic injury; c. Mechanical breakdown; d. Change in temperature; e. Dryness and dampness of atmosphere; f. Transit coverage. 4. Valuation will be on a replacement cost basis with either no Co-Insurance Clause or an Agreed Amount Endorsement. 5. Media reconstruction, including extra expense, should be included to a limit of $100,000. VII. VALUABLE PAPERS 1. All Risk Valuable Papers coverage (other than data processing. media) with blanket limits of $100,000 for all locations. Coverage should apply to reconstruction of the insured's records. 2. Coverage to include transit coverage. 3. No provisions requiring storage in vault, safe or metal cabinet. 4. Exclusion relating to loss of property not specifically declared if such property cannot be replaced with other of like kind to be eliminated. Page 6 ( Attachment #9 VIII. BOILER & MACHINERY 1. "Broad Coverage" for mechanical, electrical and air conditioning equipment. 2. Limits should equal loss to property of the insured. Contamination should be covered, as well as extra expense, business interruption, consequential loss, and off-premises power/utility service loss should be provided. 3. Coverage should be on a repair or replacement basis. 4. Expediting expenses should be covered with a minimum limit of $25,000. IX. EMPLOYEES BLANKET BOND. DISAPPEARANCE. DESTRUCTION AND DISHONESTY 1. Employee Blanket Bond (fidelity) and crime coverage shall be for all employees and officials for a minimum limit of $1,000,000. Coverage should apply to terminated employees and officials for ninety (90) days following termination. 2. Coverage is to include third party funds in the custody of MTC. X. WORKERS' COMPENSATION 1. Statutory benefits must be provided, plus Employer's Liability minimum limit of $1,000,000. "