Attachment 1 - Draft Contract - FloridaF22602_Attachment1DraftContract.pdfDRAFT – 7/25/2011...

DRAFT – 7/25/2011 ATTACHMENT 1

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Contents 1. Introduction ...................................................................................................................................................... 5

2. Definitions ......................................................................................................................................................... 5

3. Sites ................................................................................................................................................................... 7

4. Requirements.................................................................................................................................................... 9

4.1 Possession of the Correctional Institution and Satellite Facilities....................................................... 9

4.1.1 Transition Plan........................................................................................................................... 9

4.1.2 Transition Period ....................................................................................................................... 9

4.1.3 Access to the Correctional Institution and Satellite Facilities ................................................... 9

4.1.4 Sanitation and Hygiene.............................................................................................................. 9

4.1.5 Physical Plant and Maintenance.............................................................................................. 10

4.1.6 Expansion/Renovations ........................................................................................................... 11

4.1.7 Material Damage or Loss......................................................................................................... 12

4.1.8 Safety and Emergency Procedures .......................................................................................... 12

4.1.9 Furnishings and Equipment ..................................................................................................... 12

4.1.10 Inventory ................................................................................................................................. 12

4.1.11 Vehicles.................................................................................................................................... 14

4.1.12 Utilities………………………………………………………………………………………………………………………………..15

4.2 Operation of the Correctional Institution and Satellite Facilities...................................................... 15

4.2.1 General Duties ......................................................................................................................... 15

4.2.2 Prison Rape Elimination Act (PREA)......................................................................................... 16

4.2.3 Records and Documentation................................................................................................... 16

4.2.4 Management Information System .......................................................................................... 18

4.2.5 Monitoring and Evaluation...................................................................................................... 32

4.2.6 Incident Reporting ................................................................................................................... 33

4.2.7 Rules and Regulations ............................................................................................................. 34

4.2.8 Contract Communications....................................................................................................... 35

4.2.9 Operations Plan ....................................................................................................................... 36

4.2.10 Reception, Classification and Assignment of Inmates............................................................. 37

4.2.11 Sentence Computation............................................................................................................ 39

4.2.12 Gain Time, Change of Custody and Furloughs......................................................................... 39


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4.2.13 Orientation of Inmates ............................................................................................................ 39

4.2.14 Transfer of Inmates ................................................................................................................. 39

4.2.15 Inmate Reintegration Program................................................................................................ 39

4.2.16 Release of Inmates .................................................................................................................. 41

4.2.17 Transportation of Inmates....................................................................................................... 41

4.2.18 Inmate Discipline ..................................................................................................................... 41

4.2.19 Use of Force............................................................................................................................. 42

4.2.20 Security .................................................................................................................................... 42

4.2.21 Radio Systems (Local and State Law Enforcement Radio System (SLERS) .............................. 42

4.2.22 Body Alarms............................................................................................................................. 42

4.2.23 Emergency Plans...................................................................................................................... 43

4.2.24 Emergency Squads................................................................................................................... 43

4.2.24.1 Assistance from the Department ............................................................................................ 43

4.2.25 Security Staff Utilization .......................................................................................................... 46

4.2.26 Inspector General (IG) Requirements..................................................................................... 47

4.3 Inmate Care .................................................................................................................................... 49

4.3.1 Inmate Visitation .................................................................................................................... 49

4.3.2 Recreation ………………………………………………………………………………………………………………………….50

4.3.3 Mail and Telephone................................................................................................................. 49

4.3.4 Personal Property .................................................................................................................... 50

4.3.5 Farm Share………………………………………………………………………………………………………………………….51

4.3.6 Laundry, Clothing, and Inmate Comfort Items........................................................................ 50

4.3.7 Grievance Procedure ………………………………………………………………………………………………………….52

4.3.8 Inmate Compensation ............................................................................................................. 51

4.3.9 Library...................................................................................................................................... 51

4.3.10 Access to Courts ...................................................................................................................... 52

4.3.11 Food Service ............................................................................................................................ 52

4.3.12 Canteen Services ..................................................................................................................... 55

4.3.13 Vending Services...................................................................................................................... 55

4.3.14 Drug Testing............................................................................................................................. 56

4.3.15 Programmatic Services ............................................................................................................ 56

4.3.16 Programmatic Services Plan .................................................................................................... 68


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4.3.17 PRIDE Operations: ................................................................................................................... 68

4.4 Contractor Employees..................................................................................................................... 69

4.4.1 Staffing Requirements ............................................................................................................. 69

4.4.2 Staff Health Requirements ...................................................................................................... 71

4.4.3 Staff Conduct ........................................................................................................................... 71

4.4.4 Criminal History Check............................................................................................................. 73

4.4.5 Employment Eligibility Verification ......................................................................................... 75

4.4.6 Independent Contractor.......................................................................................................... 75

4.4.7 Subcontractors ........................................................................................................................ 76

4.4.8 Personnel ................................................................................................................................. 76

4.4.9 Training .................................................................................................................................... 78

4.4.10 On‐Site Contract Monitor ........................................................................................................ 78

4.5 Fiscal Operations............................................................................................................................. 78

4.5.1 Maintenance and Operation of Funds..................................................................................... 78

4.5.2 Operation of Inmate Trust Fund.............................................................................................. 79

4.5.3 Subsistence at Work Release Centers………………………………………………………………………………….80

4.5.4 Financial Reporting .................................................................................................................. 79

4.5.5 Performance Measures ........................................................................................................... 79

4.6 Compensation and Adjustments ..................................................................................................... 92

4.6.1 Management Payment ............................................................................................................ 92

4.6.2 Payment Guarantee................................................................................................................. 92

4.6.3 Invoices .................................................................................................................................... 92

4.6.4 Interest Penalties..................................................................................................................... 93

4.6.5 Adjustments Due to Changes in Standards or Unforeseen Circumstances............................. 94

4.6.6 Financial Consequences........................................................................................................... 94

4.6.7 Appropriation Contingency ..................................................................................................... 95

4.7 Indemnification and Insurance........................................................................................................ 95

4.7.1 Indemnification........................................................................................................................ 95

4.7.2 Legal Proceedings .................................................................................................................... 96

4.7.3 Insurance ................................................................................................................................. 96

4.7.4 Certificate of Insurance and Cancellation ............................................................................... 99

4.7.5 Defense/Immunity................................................................................................................... 99


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4.7.6 Notice of Claims..................................................................................................................... 100

4.7.7 Prior Occurrences .................................................................................................................. 100

4.7.8 No Waiver .............................................................................................................................. 100

4.7.9 Performance Bond................................................................................................................. 100

4.8 Certain Prohibitions ...................................................................................................................... 101

4.9 Default and Termination Provisions .............................................................................................. 101

4.9.1 Department Breach ............................................................................................................... 101

4.9.2 Contractor Breach ................................................................................................................. 102

4.9.3 Notice of Breach .................................................................................................................... 102

4.9.4 Time to Cure/Corrective Action Plans ................................................................................... 102

4.9.5 Remedy of the Department................................................................................................... 103

4.9.6 Immediate Compliance.......................................................................................................... 103

4.9.7 Force Majeure ....................................................................................................................... 104

4.9.8 Termination ........................................................................................................................... 104

4.9.9 Limitation of Liability ............................................................................................................. 105

4.10 Miscellaneous Provisions ..................................................................................................................... 105

4.10.1 Books and Records ................................................................................................................ 105

4.10.2 Maintenance of Corporate Existence and Business .............................................................. 105

4.10.3 Taxes, Liens and Assessments ............................................................................................... 106

4.10.4 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) ............................ 107

4.10.5 Copies of Documents............................................................................................................. 107

4.10.6 Reimbursable Expenses ......................................................................................................... 107

4.10.8 Interpretation ........................................................................................................................ 107

4.10.9 Terminology and Definitions ................................................................................................. 107

4.10.10 Venue..................................................................................................................................... 107

4.10.11 Entire Agreement; Amendments........................................................................................... 108

4.10.12 Third Party Rights .................................................................................................................. 108

4.10.13 Binding Nature....................................................................................................................... 108

4.10.14 Interpretation ........................................................................................................................ 108

4.10.15 Prohibitions against Assignment ........................................................................................... 108

4.10.16 Access to Records .................................................................................................................. 108


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SCOPE 1. Introduction

The Department enters into this Contract for the operation and management of Correctional Institutions and satellite facilities referenced in RFP 11‐DC‐8296 and incorporated herein.

2. Definitions

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below.

ACA: American Correctional Association.

ACA STANDARDS: The Standards for Adult Correctional Institutions (Fourth Edition, 2003) published by ACA (as heretofore supplemented and as same may be modified, updated, or supplemented in the future).

AUTHORIZED REPRESENTATIVE: The person designated in writing to act for and on behalf of a party of this Contract, which designation has been furnished to the other party hereto. In the case of Contractor, the Authorized Representative shall be designated in writing by its President or any Vice President. The designation of Contractor’s initial Authorized Representative shall be delivered to the Department no later than the Effective Date of this Contract. Contractors Authorized Representative may designate other persons to assist such Authorized Representative in the performance of certain obligations required by this Contract. In the case of the Department, the Contract Manager is hereby designated as its Authorized Representative. At any time, either party may designate any person as its Authorized Representative by delivering to the other party a written designation signed, if on behalf of Contractor by its President or Vice President, or if on behalf of the Department by the Contract Manager. Such designations shall remain effective until new written instruments are filed with or actual notice is given to the other party that such designations have been revoked.

BREACH OF CONTRACT: Any of the events or circumstances described in Section 4.9.2.

CONTRACT: This Contract, together with all attachments, exhibits, amendments, and modifications entered into between the Department and Contractor.

CONTRACT ADMINISTRATOR: The Department employee who is primarily responsible for maintaining the official contract file. As of the Effective Date of the Contract, the Contract Administrator is the Bureau Chief, Bureau of Procurement and Supply. The Department may appoint a different Contract Administrator, which shall not constitute an amendment to the Contract, by sending notice to Contractor.

CONTRACT DOCUMENTS: Means this Contract, the Exhibits, the RFP, and the Contractor's response to the RFP, including all appendices and attachments relating to the Contractor’s response, all of which documents are incorporated by reference as if fully set forth herein. Among the Contract Documents, the following order of authority shall apply: (i) this Contract with its Exhibits; (ii) the RFP; and (iii) the Contractor response to the RFP.

CONTRACT MANAGER: The Department employee who is primarily responsible for management and oversight of the Contract and evaluation of Contractors performance of its duties and obligations pursuant to the terms of the Contract. The Department may appoint a different Contract Manager, which shall not constitute an amendment to the Contract, by


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sending notice to Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Manager.

CONTRACT TERM: This Contract shall commence at 12:01 a.m. on the Effective Date and terminate at 12:00 midnight five (5) years after the First Service Commencement Date, unless terminated earlier pursuant to Section 4.9.8 of the Contract. Upon mutual agreement, the parties may renew the Contract for up to a five (5) year period. The renewal must be in writing and signed by both parties and is contingent upon satisfactory performance evaluations and subject to availability of funds.

CONTRACTOR: The firm awarded this Contract to operate and manage the Correctional Institution and satellite facilities. The Contractor for this Contract is . The term Contractor shall include all employees, subcontractors, agents, volunteers, authorized representatives, or anyone acting on behalf of, in the interest of, or for, Contractor.

COURT ORDERS: Any existing or future orders or judgments issued by a court of competent jurisdiction or any existing or future stipulations, agreements, or plans entered into in connection with litigation that are applicable to the operation, management, or maintenance of the Correctional Institution and satellite facilities or related to the care and custody of inmates at the Correctional Institution and satellite facilities.

CORRECTIONAL INSTITUTION: Those Correctional Institutions and satellite facilities included in this Contract for the management and operation by the Contractor.

DAY: A calendar day.

DC or DEPARTMENT: The Florida Department of Corrections.

EFFECTIVE DATE: The date this Contract is made and entered as set forth at the beginning of this Contract.

FACILITY ACCESS SECURE TRACKING (FAST): A statewide system used to control visitation in correctional institutions using hand geometry biometrics, photos and data to ensure proper visitor credentials. The system is located in the front lobby of each institution that is utilized to screen and check‐in visitors. The system consists of two (2) hand readers, a camera, and a computer.

FORCE MAJEURE: Force majeure is an act or acts of nature (i.e., hurricane, tornado, earthquake, natural fire) or an act or acts of a person or people (i.e., riot, labor strike, act of terrorism, war, national emergency) that can be neither anticipated nor controlled by the parties, and which cause(s) and ordinarily excuse(s) the delay or failure in performance by one or both parties of any of the terms and conditions of this Contract.

INMATE: Any person assigned by the Department to be housed at the Correctional Institution and satellite facilities.

INMATE DAY: Each day, on which an inmate is housed at a Correctional Institution or satellite facility, including the first, but not the last day of incarceration as determined by the midnight count of each day.

RFP: Request for Proposal 11‐DC‐8296 referenced in the Introduction in Section 1 above, together with any attachments or amendments.

ON‐SITE CONTRACT MONITOR: The employee or employees of the Department designated to monitor the operation of the Correctional Institutions and satellite facilities for contract


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compliance and to coordinate actions and communications between the Department and Contractor.

OPERATIONS PLAN: The Contractor’s master plan incorporating the Department’s rules, policies and procedures, post orders, staffing pattern, local memorandum of understandings/agreements, local emergency plans, and other documents comprising of all aspects of a Correctional Institution or Satellite Facility’s activities.

OSHA: The Occupational Safety & Health Administration.

PER DIEM RATE: The cost charged per inmate, per inmate day for the delivery of operation and management services at the Correctional Institution and satellite facilities.

SERVICE COMMENCEMENT DATE: The date on which Contractor shall begin providing operations and management services at the Correctional Institution and satellite facilities. The Service Commencement Date shall be 12:01 a.m. on the date for each Correctional Institution as listed in the Contractor’s implementation plan, or as otherwise agreed to by the parties.

STATE: The State of Florida, including the Florida Department of Corrections or any other state government entity referenced therein. These terms may be used interchangeably.

STATE LAW ENFORCEMENT RADIO SYSTEM (SLERS): A statewide radio communications system to serve law enforcement units of state agencies, and to serve local law enforcement agencies through mutual aid channels

SUBCONTRACT: An agreement entered into by Contractor with any other person or entity to perform any performance obligation for Contractor specifically related to securing or fulfilling Contractor’s obligations to the Department under the terms of this Contract.

SUBCONTRACTOR: Any person or entity other than an employee of Contractor who performs or agrees to perform any of Contractor’s obligations under the terms of this Contract.

UNFORESEEN CIRCUMSTANCES: Those acts or occurrences beyond the reasonable contemplation of the parties at the time of execution of this Contract that materially alter the financial conditions upon which this Contract is based.

2. Sites TABLE 1

Correctional Institution & Satellite

Facilities Address County

1. Broward CI 20421 Sheridan Street Ft. Lauderdale, Florida 33332‐2300

Broward

2. Charlotte CI 33123 Oil Well Road Punta Gorda, Florida 33955‐9701

Charlotte

Hendry WC 12551 Wainwright Drive Immokalee, Florida 34142‐9628

Hendry

Fort Myers WC 2572 Ortiz Avenue Ft. Myers, Florida 33905

Lee

3. Dade CI 19000 S.W. 377th Street Florida City, Florida 33034‐6409

Dade

Big Pine Key RP 450 Key Deer Blvd. Big Pine, Florida 33043

Monroe

4. Desoto Annex 13617 S.E. Highway 70 Desoto


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Correctional Institution & Satellite

Facilities Address County

Arcadia, Florida 34266‐7800

Arcadia RP 2961 N.W. County Road 661 Arcadia, Florida 34266‐8203

Desoto

Desoto Work Camp 13617 S.E. Highway 70 Arcadia, Florida 34266‐7800

Desoto

5. Everglades CI 1599 S.W. 187th Avenue Miami, Florida 33194

Dade

6. Hardee CI 6901 State Road 62 Bowling Green, Florida 33834‐9505

Hardee

Hardee WC 6899 State Road 62 Bowling Green, Florida 33834‐9505

Hardee

7. Homestead CI 19000 S.W. 377th Street Florida City, Florida 33034‐6409

Dade

8. Indian River CI 7625 17th Street, S.W. Vero Beach, Florida 32968‐9405

Indian River

9. Martin CI 1150 S.W. Allapattah Road Indiantown, Florida 34956‐4397

Martin

Atlantic WRC 263 Fairgrounds Road West Palm Beach, Florida 33411‐3639

Palm Beach

Fort Pierce WRC 1203 Bell Ave., Ft. Pierce, Florida 34982‐6544

St. Lucie

Glades WC 2600 N. Main Street Belle Glade, Florida 33430‐5314

Palm Beach

Loxahatchee RP 230 Sunshine Rd. West Palm Beach, Florida 33411‐3616

Palm Beach

Martin DTC 1175 S.W. Allapattah Road Indiantown, Florida 34956

Martin

Martin WC 1150 SW Allapattah Road Indiantown, Florida 34956‐4310

Martin

Sago Palm Re‐Entry Center 500 Baybottom Road Pahokee, Florida 33476

Palm Beach

West Palm Beach WRC 261 West Fairgrounds Road West Palm Beach, Florida 33411‐3639

Palm Beach

10. Okeechobee CI 3420 N.E. 168th Street Okeechobee, Florida 34972‐4824

Okeechobee

11. South Florida Reception Center 14000 NW 41st Street Doral, Florida 33178‐3003

Dade

South Florida Reception Center ‐ South

13910 NW 41st Street Doral, Florida 33178‐3014

Dade

Hollywood WRC 8501 W. Cypress Dr. Pembroke Pines, Florida 33025‐4542

Broward

Miami North WRC 7090 Northwest 41st St. Miami, Florida 33166‐6817

Dade

Opa Locka WRC 5400 Northwest 135th Street Opa Locka, Florida 33054

Dade


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4. Requirements 4.1 Possession of the Correctional Institution and Satellite Facilities 4.1.1 Transition Plan

4.1.1.1 Within three (3) days after the Effective Date, Contractor shall meet with the Department to finalize the implementation plan to ensure an orderly and efficient transition from Department to Contractor. During this transition period, Contractor shall have access to all necessary records, files and documents for the operation of the Correctional Institution, including but not limited to inmate records, maintenance records, and personnel files.

4.1.1.2 Contractor shall interview and provide first choice of employment to those existing employees and subcontractors at the Correctional Institution who would otherwise be displaced by this Contract. Contractor shall provide regular reports to the Department, not less than weekly, on the status of such interviews and the transition in general. If Contractor elects to not hire a displaced employee, Contractor shall identify in the report the name of the employee and the reasons for the decision not to hire.

4.1.2 Transition Period

The Contractor agrees to work with Department for a period of 90 days to ensure an orderly and efficient transfer from Department management to Contractor management of the Correctional Institution of all necessary records, files and documents for the operation of the Correctional Institution, including but not limited to inmate records, maintenance records, and personnel files.

4.1.3 Access to the Correctional Institution and Satellite Facilities

The On‐Site Contract Monitor, the Contract Manager, all Department representatives, Inspector General, or other designated representatives from the Department shall have full and immediate access at all times, with or without notice, to inmates and staff and to all areas of the Correctional Institution. Other Department employees and State officials on official business (including, but not limited to, the Governor’s Office of Program, Policy and Government Accountability, Department of Health, Correctional Medical Authority, etc.), shall have full access to inmates, staff, and all areas of the Correctional Institution at all times, with or without notice. Representatives will not be unnecessarily detained at the front gate. Contractor shall not detain any designated representative(s) for any period of time in excess of the time necessary for parties to comply with existing security processes.

4.1.4 Sanitation and Hygiene

Contractor shall provide an environmentally clean, healthy, and safe Correctional Institution for both employees and inmates. Contractor will be responsible for the following:


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4.1.4.1 Sanitation and hygiene will be maintained at a minimum, at a level equivalent to the level of Department facilities. All floors, including concrete shall be waxed or sealed and buffed. All areas of the Correctional Institution shall be maintained free of cobwebs or dust build‐up, including ceiling and wall grills. Any dirt and/or dust‐build up will not be accepted. The yards will be free of all trash. All kitchen equipment and utensils shall be free of grease build‐up.

4.1.4.2 Contractor will inspect all areas of the Correctional Institution daily for cleanliness and shall provide documentation of such inspections to the On‐Site Contract Monitor.

4.1.4.3 Lighting, ventilation and heating equipment shall be functioning at all times.

4.1.4.4 No fire, safety or health hazards shall exist.

4.1.4.5 All plumbing equipment, including toilets, sinks, and showers shall be operating properly at all times.

4.1.4.6 All hazardous chemicals shall be inventoried, stored and maintained in accordance with OSHA’s policy and procedures. Inventories and inspection documentation shall be made available to the On‐Site Contract Monitor as requested.

4.1.4.7 Food service areas shall be clean and in compliance with applicable state health regulations.

4.1.4.8 Copies of all inspection reports, including internal and reports from governing agencies, will be submitted to the On‐Site Contract Monitor. Corrective Action Plans and a time‐line for correction for non‐compliance issues (whether found by internal or external agents) will be submitted to the external auditing agency pursuant to their timeline and to the On‐Site Contract Monitor. If no timeline is established, the report will be submitted within twenty (20) days.

4.1.5 Physical Plant and Maintenance

On the service commencement date of this Contract, for the term of this Contract the Department shall grant Contractor exclusive use, possession and control of the land and property comprising the Correctional Institution, and its grounds, subject to the Department’s rights to enter and inspect the Correctional Institution and the grounds and subject to all exceptions contained in the Contract.

The Contractor will allow the use of firing ranges (Exhibits H1 – H11) by Departmental employees and others permitted by agreements with other law enforcement agencies, at no cost.

The Contractor shall perform all maintenance at the Correctional Institution up to fifty‐thousand dollars ($50,000), per item, per occurrence. The Department, will at its sole discretion, perform all maintenance above that amount, and will follow its procedure for requesting funds for Fixed Capital Outlay as necessary. The Contractor shall maintain all real and tangible personal property contained


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therein, including buildings, land, furnishings and equipment, in accordance with applicable ACA Standards, manufacturer’s standards, and Department policy subject to the limitations herein. All routine maintenance shall adhere to the manufacturer’s recommended preventative maintenance schedule. Contractor shall maintain, preserve and keep the Correctional Institution and the buildings, land, furnishings and equipment in good repair, working order and condition, subject to normal wear and tear, and will promptly make or cause to be made all necessary and proper repairs, including those identified by self‐monitoring, reviews of governing agencies, and the Department’s inspections. All such replacements and renewals shall thereupon become part of the Correctional Institution. It is specifically understood and agreed that Contractor will develop and implement a preventive and routine maintenance plan and will keep maintenance records in an electronic format that shall have the capability to be exported to a MS Excel format. Copies of inspection reports, maintenance records and maintenance plans will be provided to the On‐Site Contract Monitor in a report upon request. Any repairs identified by the Department which are required due to the negligence of the Contractor or failure to perform routine maintenance, shall be the responsibility of the Contractor, without limitation to cost. During the term of this Contract, the Department shall have no responsibility, financial or otherwise, with respect to maintenance of the Correctional Institutions other than that explicitly provided under this Section. 4.1.5.1 The Contractor shall develop and implement a maintenance plan to include, at the minimum, the following:

4.1.5.1.1 Physical plant equipment, including food service equipment;

4.1.5.1.2 Building including structural maintenance; and

4.1.5.1.3 Vehicle preventive maintenance programs.

4.1.6 Expansion/Renovations

Subject to the prior written approval of the Department, Contractor shall have the authority to remodel the Correctional Institution or make substitutions, alterations, additions, modifications, and improvements to the Correctional Institution from time to time. Unless otherwise agreed in writing, all such remodeling, substitutions, alterations, additions, modifications, and improvements shall be paid by Contractor, and the same shall become part of the Correctional Institution. Minor alterations may be done at Contractor’s expense without prior approval from the Department. Minor alterations will be defined as alterations costing less than $25,000. For any work under this Section, Contractor must use, and must document the use of, materials of equal or greater quality. Such documentation shall be provided to the On‐Site Contract Monitor upon request. All alterations shall be documented on the Correctional Institution inventory as necessary.


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4.1.7 Material Damage or Loss

Promptly after the occurrence of any damage to or loss at the Correctional Institution that materially affects the continued operation of the Correctional Institution; Contractor shall notify the Department of such loss or damage. The Department and Contractor shall jointly assess the nature and extent of such damage or loss and, as soon as practicable thereafter, determine whether it is practicable and desirable to rebuild, repair or restore such damage or loss. If the Department and Contractor determine that such rebuilding, repairing or restoring is practicable and desirable, the Department shall be responsible for the reparation. If the Department and Contractor determine, in writing, that repairing, rebuilding or restoration is not feasible or practical, and further agree, in writing, not to rebuild, repair or restore the Correctional Institution, then this Contract shall automatically terminate with respect to such Correctional Institution thirty (30) days after the date of such written agreement.

In no event shall the Department be responsible for reparation due to the negligence of the Contractor. In such case, Contractor shall be responsible for all reparation at the Department’s sole discretion.

4.1.8 Safety and Emergency Procedures

Contractor will operate and maintain the Correctional Institution in compliance with applicable federal, state and local safety and fire codes and in accordance with the ACA Standards and Department Policy.

4.1.9 Furnishings and Equipment

On the Service Commencement Date of each Correctional Institution, the Department will grant Contractor exclusive use and possession, subject to the terms of this Contract, of Furnishings and Equipment. Items purchased with state funds are owned by the State of Florida and shall remain with the Correctional Institution in the event of termination or non‐renewal of this Contract. All Furnishings and Equipment are State property, except for Contractor Property as set forth under Contract Section 4.1.10.2. The Contractor shall provide a list of all property and the designated ownership upon Service Commencement Date (See Exhibit D – Fixtures, Furnishings & Equipment Inventory).

4.1.10 Inventory

The Department will allow the Contractor to utilize the Department’s furniture, and equipment currently in place in each Correctional Institution and satellite facilities. A physical inventory list of all furniture and equipment currently existing at each Correctional Institution will be taken by the Department and the Contractor on or before the Correctional Institution’s service commencement date. An initial inventory list is attached to the RFP in Exhibits H1‐H11. All Department‐owned items identified on the inventory shall be available for use by the Contractor. Any equipment damaged or otherwise found to be beyond economical repair after the Contract start date will be repaired or replaced by the Contractor. All inventoried furniture and equipment identified on the inventory sheet shall remain the property of the Department upon expiration or


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termination of the Contract and shall be returned to the Department in the same or better condition as on the date the Contractor took possession of such furniture or equipment, usual wear and tear excepted. The Contractor shall maintain a current inventory of Furnishings and Equipment. Such inventory shall include the manufacturer, model number, serial number, monetary value (purchase cost), and assigned identification number. Furnishings and Equipment shall remain part of the Correctional Institution and may not be removed from the Correctional Institution, without approval from the On‐Site Contract Monitor. The Department shall be entitled to conduct an inventory of Furnishings and Equipment throughout the Term of this Agreement. Contractor shall cooperate with the Department in its conducting of all inventories of Furnishings and Equipment. The inventory will be recorded on Exhibit D. The inventory will indicate whether item was purchased with state funds and items designated as Contractor Property. The inventory will be made available to the On‐Site Contract Monitor by printed or electronic means in an MS Office Excel format. The On‐Site Contract Monitor will use the current inventory to conduct monthly reviews at the Correctional Institution. State‐owned property will be designated with a sticker indicating it was purchased with state funds. Contractor will provide an inventory database which is to be supplemented with a bar coding system that can export or convert the data into an MS Excel format.

4.1.10.1 Replacement of Inventory

In all Correctional Institutions, Contractor shall replace within thirty (30) days of the date of discovery of loss, theft, damage or inoperability beyond repair with equipment having like functional ability, life expectancy and quality; provided Contractor may be allowed more than 30 days within reason and in accordance with Department policies if the replacement equipment has been ordered, but not delivered or installed through no fault of Contractor. Such replacement of State equipment shall be added to the inventory and shall become the property of the State. Contractor shall update the inventory to reflect any replacement of furnishings, fixtures or equipment at the Correctional Institution within fifteen twenty (15) days. Contractor shall provide the On‐Site Contract Monitor copies of all receipts showing purchase or lease costs for replaced items quarterly. Inoperable items replaced by Contractor shall be disposed of by Contractor with prior approval by the Department and in compliance the Department’s Property policy.

4.1.10.2 Contractor Property

Other than that inventory referred to in Section 4.1.10 above that refers to that inventory the Department allows the Contractor to utilize over the term of the Contract, Contractor shall provide such other machinery, equipment, fixtures and furnishings that (i)


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Contractor deems necessary for the operation, maintenance and administration of the Correctional Institution, (ii) are integral and related to the operation, maintenance, and administration of the Correctional Institution, or (iii) were offered as part Contractor’s response to the RFP. Such machinery and equipment shall be included in the per diem cost response to the RFP. Exhibit D Fixtures, Furnishings & Equipment Inventory is a jointly prepared property inventory listing each item and noting the condition of each such item. Ownership of this property shall remain with Contractor and may be removed from the premises at any time by Contractor, provided that any damage to the Correctional Institution resulting from any removal pursuant to this Section shall be repaired by Contractor at the expense of Contractor. Any additional machinery, equipment, fixtures and furnishings purchased by Contractor during the term of this Contract may be purchased by the Department at the conclusion of the Contract at Contractor`s cost, less straight line depreciation over the useful life of the asset. Documentation of costs shall be provided quarterly to the On‐Site Contract Monitor.

4.1.11 Vehicles 4.1.11.1 State Vehicles

The Department will allow the Contractor to utilize the Department’s vehicles currently in place in each (Correctional Institution). The Contractor shall maintain the vehicles to the manufacturer’s recommended standards and Department policy. All titles will remain with the Department for the term of the contract. The Contractor is responsible for liability associated with the vehicles for the term of the contract. Contractor shall have all vehicles properly insured for comprehensive, collision, property, medical, personal injury, theft and replacement damages. All maintenance plans and records, preventative maintenance, repair records, etc. shall be provided to the On‐Site Contract Monitor monthly.

At the end of its useful life, as determined at the sole discretion of the Department, the paperwork associated with that sale and required subsequent replacement will be provided to the on‐site Contract Monitor for input into the Equipment Management Information System (EMIS). All replacement vehicles will remain state vehicles.

Upon Contract termination, all state vehicles will remain with the Correctional Institution as property of the Department. The vehicles in this Section shall be replaced as necessary with new vehicles by the Contractor to keep the Correctional Institution’s fleet intact.

No State Vehicle will be allowed to be transferred to another Correctional Institution or satellite facility without the written


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permission from the Contract Manager, and subsequent documentation on the inventories of each Correctional Institution.

4.1.11.2 Contractor Vehicles

Contractor shall purchase or lease and provide vehicles required for the operation and maintenance of the Correctional Institution. These vehicles will be those the Contractor may wish to add to the inventory above those in the Correctional Institution as provided above in 4.1.11.1. All such vehicles shall be owned by Contractor. Contractor shall have all vehicles properly insured for comprehensive, collision, property, medical, personal injury, theft and replacement damages

Upon request, all maintenance plans and records, preventative maintenance, repair records, etc. shall be provided to the On‐Site Contract Monitor in an electronic format as prescribed by the Department and Rule 60B, F.A.C.

Upon Contract termination, all Contractor vehicles will remain the property of the Contractor.

4.1.12 Utilities

Contractor shall be responsible for the timely payment of all utility bills for the Correctional Institution. Copies of utility bills shall be made available to the On‐Site Contract Monitor upon request. Information on current utility costs are available in Exhibits G.

The Contractor shall be responsible for the continued operation and maintenance of all water and wastewater treatment plants at correctional institutions and satellite facilities – Exhibits H1 – H11.

The Contractor is responsible for maintaining all permits currently issued and necessary for the operation of the water and wastewater treatment plants. The Contractor assumes liability for any fines assessed for non‐compliance with these permits caused by the Contractor’s negligence or failure to comply with the permit terms.

4.2 Operation of the Correctional Institutions and Satellite Facilities 4.2.1 General Duties 4.2.1.1 Contractor shall provide the operation and management services and

shall operate, maintain, and manage the Correctional Institutions in compliance with applicable federal and state constitutional requirements, laws, court orders, and Department rules and procedures, whether now in effect or hereafter effected or implemented, and in accordance with the operational plan, the terms and conditions contained in the Contract, and any documents referenced therein. Contractor shall be in compliance with all applicable ACA Standards and requirements for adult correctional institutions, and shall maintain ACA accreditation. Contractor must submit a written


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request for a specific exemption from ACA Standards to the Contract Manager, who may, at his/her sole discretion, grant or deny the request. In the case of a conflict between any of the standards or requirements listed above, the more demanding standard or requirement will control.

The Department’s policies and procedures take precedence over the

Contractor’s corporate policies and procedures. 4.2.2 Prison Rape Elimination Act (PREA)

Contractor must comply with the Prison Rape Elimination Act of 2003, 42 U.S.C. §§ 15601‐15609, Public Law 108‐79‐September 4, 2003. Further, Contractor must comply with Department Procedure 108.010 and all other Florida laws and policies implementing PREA.

4.2.3 Records and Documentation

4.2.3.1 Records Maintenance

Contractor will provide a records and reporting system both manual and computerized, for Correctional Institution operations that includes the list below and is compatible with that used by the Department. Further, Contractor’s system will be in compliance with federal, state, and local laws governing confidentiality and will identify and limit those persons who have control or access. The system will provide for the following:

4.2.3.1.1. Provision of all reports and records necessary for

monitoring of any court‐ordered compliance.

4.2.3.1.2 Maintenance of an individual custody record on each inmate that includes, but is not limited to, personal data, personal inventory receipts, disciplinary action reports, incident reports, release information, reentry plan, classification and counseling records, dental, psychiatric and medical records;

4.2.3.1.3 Signed release of information forms;

4.2.3.1.4 Appropriate transfer documentation as to legal authority to accept the inmate;

4.2.3.1.5 Referrals to other agencies;

4.2.3.1.6 Confidentiality and safeguarding of case records to ensure against unauthorized and improper disclosure;

4.2.3.1.7 Maintenance of records and reports; and

4.2.3.1.8 The retention and storage of logs and records in a manner consistent with Department policy and Florida law.


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4.2.3.1.9 Contractor will be responsible for closing out, prepping and transferring to the assigned Designated Staging Institution all inactive inmate institutional records in accordance with DC policy and procedure.

4.2.3.1.10 This will include a designated secure area (that meets DC

standards) for both active/inactive institutional records and medical records.

4.2.3.2 Transportation of Records

Inmates transferred to or from a contractor’s facility shall be accompanied by the institutional inmate records along with all sub‐records including, but not limited to, the visiting record, educational record, property records, and religious records. In addition, the Contractor shall ensure the transfer of inmate comprehensive health records and medications required for continuity of care in accordance with Procedure 401.017, Health Records and Medication Transfer. Transportation of these records and inmate property will be accomplished as follows:

4.2.3.2.1 Routine transfers – by reception center transfer buses. 4.2.3.2.2 Direct transports – by transport van. 4.2.3.2.3 Emergency transfers – by overnight mail or other expeditious

method of delivery (file should arrive within 24 hours of inmates arrival at final destination).

4.2.3.3 Transportation of Inactive Records

Transfer of inactive institutional records should occur every 30 days in accordance with DC policy and procedure.

4.2.3.3.1 Prepped inactive records will be placed on reception center transfer bus for delivery to assigned Designated Staging Institution.

4.2.3.3.2 Contractor will ensure that SFRC will transport inactive records from Designated Staging Institutions to Reception Medical Center as outlined in DC policy and procedure.

4.2.3.3.3 Health records will be transported in accordance with Health Services Bulletin 15.12.03, Appendix J (Post‐Release Health Record Retention and Destruction Schedule).

4.2.3.4 Health Records Maintenance:

Contractor will provide secure storage to the Region IV Health Services Contractor to ensure the safe and confidential maintenance of active and inactive inmate health records and logs in accordance with Health Services Bulletin 15.12.03, Health Records.


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4.2.4 Management Information System

4.2.4.1 Corporate Access to the Departments Network

Any access to the Departments network from an outside non‐law enforcement entity must be done via a LAN to LAN Virtual Private Network (VPN). This service is provided by the Florida Department of Management Services (DMS). Once the corporate entity has made the request thru DMS, the Department will require a copy of their security policies and a network diagram. After review by the Department’s network staff and Information Security staff, the Chief Information Officer will make the final decision on granting access.

4.2.4.1.1 LAN to LAN Connections

Authorized LAN to LAN connections must utilize IPSec security with either Triple DES or AES and be provided and managed (including software provision and configuration, and connection support) by a Department‐approved VPN service provider. Outside entities requesting or using these connections are financially responsible for all required or related equipment and must adhere to all VPN service provider policies and procedures as well as Department procedures. The VPN service provider will coordinate with the outside entity in determining whether to use outside entity equipment to terminate that end of the VPN connection or provide the necessary equipment.

When LAN to LAN VPN access is requested the requestor must also present an accurate and complete description of the requestor’s information network, including all permanent and temporary remote connections made from and to the requestor’s network, for Department review. Any access or connection to the Department’s network not approved by the Chief Information Officer or the Department is strictly prohibited.

Outside entity workstations accessing the Department’s information network via a LAN to LAN VPN must operate with password protected screen savers enabled and configured for no more than 15 minutes of inactivity.

It is the responsibility of the authorized users with VPN privileges to ensure that unauthorized persons are not allowed access to the Department’s network by way of these same privileges. At no time should any authorized user provide their user ID or password to anyone, including supervisors and family members. All users are responsible for the communications conducted by their workstations through the VPN connection to the Department.


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Any attempt to fraudulently access, test, measure or operate unapproved software on the Department’s network is strictly prohibited. The use of any software capable of capturing information network packets for display or any other use is prohibited without the express consent of the Office of Information Technology.

4.2.4.1.2 Contractor Network

In addition to the contractor providing a data network and connectivity devices, all associated IT hardware at the local correctional institution level will be provided by and maintained by the contractor. This includes, but is not inclusive, hardware such as Personal Computers and Laptops (including software licenses), tablet PC’s, thin clients, printers, fax machines, scanners, video conferencing, servers, switches, and UPS for switches.

4.2.4.1.3 Change Management

The Contractor must provide contact information for change control notification, scheduled change activities, and emergency outages. It is the responsibility of the contractor to notify the Department’s Office of Information Technology service desk that a technology change (as communicated) may impact or disrupt business functions.

4.2.4.2 Contractor Obligations

It is the Contractor’s and their workforce members’ responsibility to maintain knowledge of and compliance with relevant and applicable Department procedures.

4.2.4.2.1 Notice of planned events in a Contractor’s computing environment that may impact its secured connection, in any way or at any severity level, to the Department must be submitted to the Department at least one week in advance of the event.

4.2.4.2.2 The Department must receive notice in electronic and written form from any Contractor when any unexpected event of interest occurs in any way or at any level of severity within or around the Contractor’s computing environment that may impact the Department’s information security. Events including but not limited to malware (virus, trojan, etc) discovery, network or system breaches, privileged account compromise, employee or workforce member misconduct, etc, are examples of events of interest to the Department.


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4.2.4.2.3 Contractor’s workstations are not to access any resource or download any software from the Department’s information network without prior approval.

4.2.4.2.4 Before connection and while connected to a VPN formed with the Department the Contractor’s computing environment (computing devices including workstations, servers, and networking devices) must be operating the latest available software versions and applicable patches, and have the following implemented with supporting policies or procedures available for review by the Department:

4.2.4.2.4.1 Active and effective network device, server and workstation operating system and layered software patch or update processes

4.2.4.2.4.2 Department approved, up‐to‐date server and workstation anti‐virus/malware software (all components) installed with active and effective patch or update processes in place

4.2.4.2.4.3 Contractor’s workforce members with VPN access privileges to the Department’s network shall not use non‐Department email accounts (i.e., Hotmail, Yahoo, AOL), or other external information resources to conduct Department business, ensuring a reduced risk to Department data and that Department business is never confused with personal business.

4.2.4.2.5 With regard to VPN connections used by the Contractor that are provided by Department‐approved VPN providers, the Department bears no responsibility if the installation of VPN software, or the use of any remote access systems, causes system lockups, crashes or complete or partial data loss on any outside entity computing or network equipment. The Contractor is solely responsible for protecting (backing up) all data present on its computing and network equipment and compliance with all regulatory legislation.

4.2.4.3 Contractor Data Availability

4.2.4.3.1 The Contractor shall have the capability for the Department to send data to and pull data from the Contractor’s provided health service information technology system via a secure transport method (SFTP, Secure Web Services, etc.); furthermore, the data format should either be XML‐based or delimiter‐separated values. It is the Contractor’s responsibility to provide all necessary documentation to assist in the integration of data which includes but is not


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limited to crosswalk tables for code values, schemas, and encodings.

4.2.4.3.2 The Contractor and their staff shall be held to contractual obligations of confidentiality, integrity, and availability in the handling and transmission of any Department information.

4.2.4.3.3 No disclosure or destruction of any Department data can occur without prior express consent from the Contract Manager.

4.2.4.3.4 The Contractor shall timely return any and/or all Department associated information generated as a result of participation in this contract in a format deemed acceptable by the Department when the contractual relationship effectively terminates.

4.2.4.3.5 The Contractor must maintain support for its services following an emergency that affects the facilities and systems it maintains. Following an emergency that affects the Contractor’s facilities or production systems, the Contractor must provide access and use of a backup system with the same functionality and data as its operational system within twenty‐four (24) hours. The Contractor shall also guarantee the availability of data in its custody to the Department within twenty‐four (24) hours following an emergency that may occur within the Contractor’s facilities or systems. Following an emergency that affects the Department’s facilities or systems, the Contractor must continue to provide access and use of its production systems once the Department has recovered or re‐located its service delivery operations.

4.2.4.3.6 The introduction of wireless devices at facilities is subject to prior review and approval by the Contract Manager. The Contractor is responsible for notifying the Department before introducing wireless devices into facilities.

4.2.4.4 Information Security Auditing and Accountability

The Contractor shall provide the Department audit and accountability controls to increase the probability of authorized system administrators conforming to a prescribed pattern of behavior. The Contractor in concert with the Department will carefully assess the inventory of components that compose their information systems to determine which security controls are applicable to the various components.

Auditing controls are typically applied to the components of an information system that provide auditing capability including servers, mainframe, firewalls, routers, switches.


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4.2.4.4.1 Auditable Events and Content (Servers, Mainframes, Firewalls, Routers, Switches)

The Contractor shall generate audit records for defined events. These defined events include identifying significant events which need to be audited as relevant to the security of the information system. The Department shall specify which information system components carry out auditing activities. Auditing activity can affect information system performance and this issue must be considered as a separate factor during the acquisition of information systems.

The Contractor shall produce, at the system level, audit records containing sufficient information to establish what events occurred, the sources of the events, and the outcomes of the events. The Department shall periodically review and update the list of auditable events.

4.2.4.4.2 Events

The following events shall be logged:

4.2.4.4.2.1 Successful and unsuccessful system log‐on attempts.

4.2.4.4.2.2 Successful and unsuccessful attempts to access, create, write, delete or change permission on a user account, file, directory or other system resource.

4.2.4.4.2.3 Successful and unsuccessful attempts to change account passwords.

4.2.4.4.2.4 Successful and unsuccessful actions by privileged accounts.

4.2.4.4.2.5 Successful and unsuccessful attempts for users to access, modify, or destroy the audit log file.

4.2.4.4.3 Content

The following content shall be included with every audited event:

4.2.4.5.3.1 Date and time of the event.

4.2.4.5.3.2 The component of the information system (e.g., software component, hardware component) where the event occurred.

4.2.4.5.3.3 Type of event


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4.2.4.5.3.4 User/subject identity.

4.2.4.5.3.5 Outcome (success or failure) of the event.

4.2.4.4.4 Response to Audit Processing Failures

The Contractor shall provide alerts to the Department’s CIO or designee in the event of an audit processing failure. Audit processing failures include, for example: software/hardware errors, failures in the audit capturing mechanisms, and audit storage capacity being reached or exceeded.

4.2.4.4.5 Time Stamps

The Contractor shall provide time stamps for use in audit record generation. The time stamps shall include the date and time values generated by the internal system clocks in the audit records. The Contractor shall synchronize internal information system clocks on an annual basis.

4.2.4.4.6 Protection of Audit Information

The Contractor shall protect audit information and audit tools from modification, deletion and unauthorized access.

4.2.4.4.7 Audit Record Retention

The Contractor shall retain audit records for at least 365 days. Once the minimum retention time period has passed, the Contractor shall continue to retain audit records until it is determined they are no longer needed for administrative, legal, audit, or other operational purposes.

4.2.4.5 Compliance Requirements

So as to be compliant with the Health Insurance Portability and Accountability Act (HIPAA), any service, software, or process to be acquired by or used on behalf of the Department that handles and/or transmits electronic protected health information must do so in full HIPAA compliance and with encryption provided as a part of the service, software, or process. In addition, the transmission and encryption scheme supplied by the Contractor must be approved by the Department prior to acquisition.

Any service, software, or process used in service to the Department that includes a userID and password component must ensure said component includes at a minimum capabilities for password expiration and confidentiality, logging of all userID activities, lockout on failed password entry, provisions for different levels of access by its userIDs, and intended disablement of userIDs.


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Any and all introductions or subsequent changes to information technology or related services provided by the Contractor in the Department’s corrections environment shall be communicated to and approved by the Department and Office of Information Technology prior to their introduction. As examples, the implementation of wireless (Bluetooth, 802.11, cellular, etc) technology or use of USB based portable technology.

Any and all information security technology or related services (e.g. internet monitoring software) in the Department’s corrections environment are to be provided by the Contractor unless the lack of these technologies and services is approved by the Department and Office of Information Technology.

The Department will maintain administrative control over any aspect of this service within its corrections environment to the degree necessary to maintain compliance with the U. S. Department of Justice Information Services Security Policy.

The Contractor must agree to comply to any applicable requirement necessary to the Department’s compliance with local, state, and federal code or law.

All Contractors must be able to comply with Department procedures that relate to the protection (maintaining confidentiality, integrity, and availability) of the Department’s data and its collective information security. Access to Department information resources shall require use of the Department’s security access request application when applicable.

No disclosure or destruction of any Department data by the Contractor or its contracted parties can occur without prior express consent from a duly authorized Department representative.

The Contractor must provide for the timely and complete delivery of all Department information in an appropriate and acceptable format before the contractual relationship effectively terminates.

The Contractor must provide certification of its destruction of all of the Department’s data in accordance with NIST Special Publication 800‐88, Guidelines for Media Sanitation, when the need for the contractor’s custody of the data no longer exists.

The Department’s data and contracted services must be protected from environmental threats (contractor’s installation should have data center controls that include the timely, accurate, complete, and secure backup (use of offsite storage) of all Department information, and other controls that manage risks from fire, water/humidity, temperature, contamination (unwanted foreign material, etc), wind, unauthorized entry or access, theft, etc).


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The Contractor must be prepared to guarantee availability of Department data and its service during a disaster regardless of which party is affected by the disaster.

Correctional institutions site plans and plan components (electrical, plumbing, etc) are exempt from public record and shall be kept confidential.

If applicable, the Contractor shall supply all equipment necessary to provide services outlined in this solicitation. Contractor equipment will not require connection to the Department’s information network.

If applicable, the Contractor will host the Department’s information and/or services provided in a data center protected by the following:

4.2.4.5.1 Controlled access procedures for physical access to the data center;

4.2.4.5.2 Controlled access procedures for electronic connections to the contractor’s network;

4.2.4.5.3 A process designed to control and monitor outside agencies access to the contractor’s information network;

4.2.4.5.4 A Firewalling device;

4.2.4.5.5 Server based antivirus/malware software;

4.2.4.5.6 Client based antivirus/malware software;

4.2.4.5.7 Use of unique userIDs with expiring passwords;

4.2.4.5.8 A process that involves collection of userID activities and regular review of these activities for unauthorized access;

4.2.4.5.9 A process that ensures up to date software patches are applied to all information resources

The Contractor shall maintain an Information Security Awareness program. This program will be designed to keep users knowledgeable on information security best practices.

4.2.4.6 Information Security

The Contractor shall not access Department of Justice Criminal Justice Information Systems (CJIS) by way of the Department’s information network or any Department resource. (Any change to this stipulation will require consideration of the impact the change makes, including any impact on the Department’s CJIS compliance status.)

The Contractor shall acquire any needed ORI’s necessary from the proper authority for access to CJIS systems.


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Contractor shall be granted access to Department information resources by using the Department’s security access request system (SAR) and associated processes, including the DC2‐611 Information Resources Security Request‐Outside Agency form and process.

Contractor shall require its workforce members to submit to background checks that include fingerprinting.

Contractor shall provide its workforce information security awareness and HIPAA privacy and security training.

Contractor shall permit the Department to conduct any needed information technology system audits necessary to meet any obligations to any local, state, or federal law, i.e. HIPAA, Florida statutes, and administrative code.

Contractor shall be responsible for identity management of its workforce members. (DOC cannot verify vendor staff names, SSN’s etc; vendor must provide accurate information or be poised to correct inaccurate information.)

Contractor shall permit use of its workforce members’ SSNs for identity and Department process use. (The security access request system requires it).

4.2.4.7 Rights to Examine, Audit and Administer Resources

Contractor will permit online and onsite visits by Department’s authorized employees, officers, inspectors and agents during an administrative or criminal investigation. The process can begin with either declaration of a computer security incident (CSIRT) from the Department's CIO or Information Security Officer or directly from the Department’s Inspector General.

Contractor will make available any and all operating system computer logs generated by the mainframe, servers, routers and switches as requested. If requested the Contractor will provide the Department with administrative level on‐line access to the server console interfaces and logs.

Right to Audit: Contractor will permit and facilitate both physical and virtual access to the mainframe, servers, intrusion prevention system, firewalls, routers and switches by the Department’s authorized audit staff or representatives. Such access may include both internal and external security scans of those resources.

In certain criminal investigations it may be necessary for the Department to seize control of the mainframe or servers for the purpose of evidentiary control.

Florida statute 944.31 Inspector General; inspectors; powers and duties states:


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The inspector general and inspectors shall be responsible for criminal and administrative investigation of matters relating to the Department. As law enforcement officers, inspectors may conduct any criminal investigation that occurs on property owned or leased by the Department or involves matters over which the Department has jurisdiction.

Florida statute 20.055 Agency inspector general states:

“(2) The Office of Inspector General is hereby established in each state agency to provide a central point for coordination of and responsibility for activities that promote accountability, integrity, and efficiency in government. It shall be the duty and responsibility of each inspector general, with respect to the state agency in which the office is established, to:

(a) Advise in the development of performance measures, standards, and procedures for the evaluation of state agency programs.

(b) E‐Assess the reliability and validity of the information provided by the state agency on performance measures and standards, and make recommendations for improvement

(c) Review the actions taken by the state agency to improve program performance and meet program standards and make recommendations for improvement, if necessary.

(d) Provide direction for, supervise, and coordinate audits, investigations, and management reviews relating to the programs and operations of the state agency, except that when the inspector general does not possess the qualifications specified in subsection (4), the director of auditing shall conduct such audits.

(e) Conduct, supervise, or coordinate other activities carried out or financed by that state agency for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations.

(f) Keep such agency head informed concerning fraud, abuses, and deficiencies relating to programs and operations administered or financed by the state agency, recommend corrective action concerning fraud, abuses, and deficiencies, and report on the progress made in implementing corrective action.”

“(5) In carrying out the auditing duties and responsibilities of this act, each inspector general shall review and evaluate internal controls necessary to ensure the fiscal accountability of the state agency. The inspector general shall conduct financial, compliance, electronic data processing, and performance audits of the agency and prepare audit


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reports of his or her findings. The scope and assignment of the audits shall be determined by the inspector general; however, the agency head may at any time direct the inspector general to perform an audit of a special program, function, or organizational unit. The performance of the audit shall be under the direction of the inspector general, except that if the inspector general does not possess the qualifications specified in subsection (4), the director of auditing shall perform the functions listed in this subsection.

“(c) The inspector general and the staff shall have access to any records, data, and other information of the state agency he or she deems necessary to carry out his or her duties. The inspector general is also authorized to request such information or assistance as may be necessary from the state agency or from any federal, State, or local government entity.”

“(6) Conduct investigations and other inquiries free of actual or perceived impairment to the independence of the inspector general or the inspector general’s office. This shall include freedom from any interference with investigations and timely access to records and other sources of information.”

4.2.4.8 Requirements for Sending Inmate Photographs

The contractor will provide the Department an offender photograph (front and side) for the QC process in Classification. The following are the current standards but the Department reserves the right to modify these standards as needed. The contractor will be given sufficient notice in order to update their process.

4.2.4.8.1 Image Requirements:

4.2.4.8.1.1 The photo size for images shall be 313 x 384 pixels (96 pixels/inch).

4.2.4.8.1.2 The photo shall be in JPEG format and the finished quality photograph file size must be 9K or less.

4.2.4.8.1.3 The Color Palette shall be RGB True Color (24‐bit).

4.2.4.8.1.4 The Background used shall be Savage Seamless Background paper, 53” wide x 12 yards, color Blue Jay. No painted walls for the background will be accepted.

4.2.4.8.2 Naming Convention:

The photos shall have the following naming convention: Offender images will be named with their Department of Corrections Number in JPG format with the suffix “F” for the


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front photo and “S” for the Side photo. Example: 123456‐F.jpg or 123456‐S.jpg

4.2.4.8.3 Submission of Photos:

4.2.4.8.3.1 The photos shall be attached to an email addressed to CO‐DC‐[email protected] by an approved photo sender.

4.2.4.8.3.2 To become an approved photo sender the Classification Officer at the Private institution will send an email to [email protected] requesting security access to submit inmate photographs by providing the following information:

4.2.4.8.3.3 Name of the person(s) designated to send photographs on behalf of the institutions;

4.2.4.9.3.4 Correctional Institution name, address, and Correctional Institution ID; and

4.2.4.8.3.5 Telephone number

NOTE: A staff member cannot send offender photographs to central office unless s/he is approved.

4.2.4.9 OBIS Cost Reimbursements

All documentation shall comply with applicable Florida Statutes, relevant sections of Florida Administrative Code, pertinent Department Procedures, and Health Services’ Bulletins/Technical Instructions. The Contractor shall utilize the Offender Based Information System (OBIS) and shall bear the costs for utilizing this system. Costs are based on transaction usage and/or Central Processing Unit (CPU) utilization.

4.2.4.10 Data Exchanges

OIT Related Measures

The contractor is responsible for proper transmission of data exchanges with related agencies and vendors. The required lists may change based on contractual, regulatory or legal requirements.

Below is a sample list of active data exchanges with health related agencies and contractors.


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4.2.4.10.1 The contractor will be responsible for obtaining and installing their analog lines, be it for voice or data communications, including fax lines.

4.2.4.10.2 The Contractor shall be responsible for all costs

associated with equipment utilized, including all telephone equipment, telephone lines and service (including all long distance service and dedicated lines), existing copy machines or facsimile equipment, and is responsible for all costs, including installation, of any phone, fax or dedicated lines requested by the Contractor.

4.2.4.10.3 The contractor will be responsible for installing their ISP

connections. 4.2.4.10.4 The contractor must be able to exchange data with

other systems as approved by the Department’s OIT unit. This includes, but is not all inclusive, interfacing and interchanging with Department systems and other approved vendor and contractor systems.

Description Agency/Company

MENTAL HEALTH AFTERCARE DCF

Medical Billing Validation MDI

MORTALITY data ‐ death certificates DOH

Ameripath Form 1500 AmeriPath

Transfer Clinlab data to DOH DOH

FTP HL7 FILES TO SPECTRA Specta

FTP HL7 FILES TO CLINLAB Clinlab

FTP HL7 FILES TO DOH DOH

FTP HL7 FILES TO CARESTREAM Carestream

FTP HL7 BASELINE FILE TO SPECTRA Spectra

FTP HL7 FILES TO UF University of Florida


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4.2.4.10.5 The contractor shall provide a web‐based method for reviewing the reports from the contractor’s systems.

4.2.4.10.6 The contractor shall provide a description and diagram

of complete data network with redundancy components.

4.2.4.10.7 The contractor must provide their own id badge

equipment and system. The contractor must be able to integrate/interchange with existing DOC approved systems (i.e.; Keefe Canteen system.)

4.2.4.10.8 The contractor must notify the Department’s OIT

administration of system changes. 4.2.4.10.9 All application data exchanges between contractor and

Department are to be encrypted. 4.2.4.10.10 Acceptable Loss of Information – The Department

acknowledges that data in the two hours immediately preceding a service outage or disaster is the maximum allowable loss of information.

4.2.4.10.11 3270 Terminal emulation – The 3270 terminal emulator

software required for accessing the Department’s mainframe environment must fully support that environment’s SSL implementation.

4.2.4.10.12 Contractor laptops in service under this contract are to

have encrypted hard drives. 4.2.4.10.13 Contractor workforce members must comply with all

Department procedures and all local, state, and federal code and law, including but not limited to F.A.C. 71A‐1.

4.2.4.10.14 The Contractor will participate in the annual Disaster

Recovery exercise with the Department as needed.

4.2.4.11 Recovery Point Objective

The recovery point objective (RPO) is the maximum acceptable level of data loss following an unplanned “event”, like a disaster (natural or man‐made), act of crime or terrorism, or any other business or technical disruption that could cause such data loss. The contractor must establish a recovery process to meet a 24 hour RPO.

4.2.4.12 Recovery Time Objective

The recovery time objective (RTO) is a period of time within which business and / or technology capabilities must be


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restored following an unplanned event or disaster. The RTO is a function of the extent to which the interruption disrupts normal operations and the amount of revenue lost per unit of time as a result of the disaster. The contractor must establish a recovery process to meet a 48 hour RTO.

4.2.5 Monitoring and Evaluation

4.2.5.1 Contract Monitoring/Performance Evaluation Monitoring

4.2.5.1.1 At its discretion, the Department will monitor Contractor’s performance to ensure compliance in accordance with all Contract provisions, instructions, and all applicable standards, including, but not limited to ACA Standards, Florida Administrative Code, and Department guidelines, specifications of the Contract, Court Orders and Decrees.

4.2.5.1.2 The On‐Site Contract Monitor or designated representatives

or employees of the Department shall conduct inspections as deemed necessary. The Department shall have the right, unless otherwise prescribed by law, to prompt access to examine and receive copies, if requested, of all records of Contractor relating to the Correctional Institution, including without limitation, all financial books and records, maintenance records, employee records, and inmate records generated by Contractor and its subcontractors, or independent Contractors, in connection with the performance of the Contract; provided, however, such access does not include Contractor's non‐public or proprietary information, including financial records that are not related to Contract compliance.

4.2.5.1.3 The Department’s monitoring activities shall include review of subcontracts as previously described herein. The On‐Site Contract Monitor shall provide Contractor, in writing, the results of monitoring/inspection activities conducted. If Contractor’s noncompliance 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.

4.2.5.1.4 The cost of the On‐Site Contract Monitor will be a deduction from the monthly management payment to Contractor. The actual cost for such deductions will be based upon the appropriated rate, salary and expense dollars for the function.

4.2.5.1.5 The Department’s On‐Site Contract Monitor or designated Department staff will perform monitoring during the term of the Contract to ensure Contract compliance. Frequency of monitoring shall be determined by the priority of the


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activity being monitored. The On‐Site Contract Monitor shall comply with all policies and procedures of the Department relative to Contract monitoring. Monitoring shall include periodic review of compliance with Contract performance, including but not limited to, review of the following:

4.2.5.1.5.1 Security

4.2.5.1.5.2 Inmate Management and Control

4.2.5.1.5.3 Inmate Programs and Services

4.2.5.1.5.4 Correctional Institution and satellite facilities Safety and Sanitation

4.2.5.1.5.5 Administration

4.2.5.1.5.6 Food Service

4.2.5.1.5.7 Personnel Practices and Training

4.2.5.1.5.8 Inmate Discipline

4.2.5.1.5.9 Fiscal Accountability

4.2.5.1.6 In addition to monitoring the performance of Contractor’s operations, the Correctional Institution may be compared to the performance of the State in operating like facilities. Contractor shall supply all data related to performance of the Contract necessary to conduct such evaluations, excluding any data protected by law. In evaluating Contractor’s performance, the Department shall consider the specific areas identified above. The information provided will be in a form and format determined by the Department.

4.2.5.2 Self‐Monitoring

Contractor shall designate an employee as the staff member responsible for continuous self‐monitoring of the Correctional Institution, for both Correctional Institution level and corporate‐level monitoring. Contractor shall designate an employee as the staff member responsible for continuous self‐monitoring of the Correctional Institution. Contractor shall provide the results and/or documentation of all the self‐monitoring to the On‐Site Contract Monitor no later than the 15th day of the following calendar month.

4.2.6 Incident Reporting

4.2.6.1 Contractor will follow the policies and procedures established by the Department in the reporting of incidents occurring at the Correctional Institution, including Department Procedure 602.008 – Incident Reports ‐ Institutions and 602.012 – Emergency Action Center. The On‐Site Contract Monitor shall be notified within 24 hours of Contractor discovering any incident occurring at the Correctional Institution.


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4.2.6.2 Incidents that must be reported in compliance with this Section shall include any serious or unusual incident that (i) involves the Correctional Institution, staff, inmates, volunteers, visitors, or members of the general public, and (ii) disrupts or has the potential to disrupt the normal operations of the Correctional Institution. The term “incident” may include an accident involving possible injury to a person or damage to equipment, a suspicious action or occurrence, or other circumstance which could impact the operation of the Correctional Institution.

4.2.6.3 Any investigation undertaken by Contractor’s inspector into rule or statutory violations by staff or inmates at the Correctional Institution shall be completed and disciplinary action, if any, taken no later than 90 days from the date the allegation of wrongdoing was first reported. This deadline shall be extended to the extent a delay is caused by circumstances outside the Contractor’s control. For purposes of this provision, disciplinary action as it relates to employees includes administrative leave pending the outcome of any related external investigation or criminal or civil legal proceeding.

4.2.6.4 Contractor shall insure the Department’s Inspector General personnel shall have immediate access to all Correctional Institutions, inmates, and staff. (See Section 4.2.26)

4.2.7 Rules and Regulations

4.2.7.1 Contractor shall agree to comply with all state and federal constitutional requirements, laws, Court Orders, and ACA Standards (whether mandatory or non‐mandatory), the Department’s rules, policies and procedures, and any federal, state, local law or regulation or court order applicable to the Florida Department of Corrections. Contractor shall demonstrate knowledge of and compliance with all rules and regulations mentioned above.

4.2.7.2 The Contractor agrees to adhere to all Department Health Service Bulletins that pertain to the care, custody and control of inmates. Contractor is responsible for being familiar with and obtaining copies of current versions of such standards, manuals, procedures, etc. and any subsequent revisions and/or addenda thereto. Should local, state, federal or program requirements change during the course of the Contract, the updated regulations and requirements will take precedence. The laws, rules and regulations referenced in the Contract Documents are incorporated herein by reference and made a part of hereof. Any changes in the scope of service required to ensure continued compliance with State or Federal laws, statutes or regulations, or Department policy or regulations will be made in accordance with Section 4.6.5.

4.2.7.3 The Department reserves the exclusive right to make certain determinations regarding the service requirements outlined in this Contract. The absence of the Department setting forth a specific reservation of rights does not mean that any provision regarding the


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services to be performed under this Contract are subject to mutual agreement. The Department reserves the right to make any and all determinations exclusively which it deems is necessary to protect the best interests of the State of Florida and the health, safety and welfare of the inmates and of the general public which are served by the Department, either directly or indirectly, through these services.

4.2.7.4 The specific rules, procedures and regulations identified below or elsewhere in this Section are not listed to the exclusion of any other rules, procedures and regulations required throughout the Contract Documents. The Department will monitor Contractor to ensure compliance with all rules, regulations and requirements contained herein.

4.2.8 Contract Communications

Contract communications will be in three forms: routine, informal and formal. For the purposes of this Contract, the following definitions shall apply:

4.2.8.1 Routine

All normal written communications generated by either party relating to performance of the scope of services. Routine communications must be acknowledged or answered within thirty (30) calendar days of receipt.

4.2.8.2 Informal

Special written communications deemed necessary based upon either Contract compliance or quality of service issues. Informal contract communications must be acknowledged or responded to within fifteen (15) calendar days of receipt.

4.2.8.3 Formal

The same as informal but more limited in nature and usually reserved for significant issues such as breach of Contract, failure to provide satisfactory performance, changes in compensation pursuant to Section 4.6.5, or termination or any other remedial action taken under the Contract. Formal communications shall also include requests for changes in the scope of service and billing adjustments. Formal contract communications must be acknowledged upon receipt and responded to within seven (7) days of receipt.

4.2.8.4 Contractor shall respond to Informal and Formal communications in the same format or medium as the originating communication. All written communications (fax, e‐mail, letter) shall include signature and, where appropriate, a follow‐up hard copy by mail The only personnel authorized to use formal contract communications are the Department Contract Manager, Contract Administrator, and Contractor’s President (or equivalent title) or their designee. Designees or other persons authorized to utilize formal contract communications must be agreed upon by both parties and identified in writing within ten (10) days of execution of the Contract Notification of any subsequent changes must


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be provided in writing prior to issuance of any formal communication from the changed designee or authorized representative.

4.2.8.5 If there is an urgent administrative problem, the Department shall make contact with Contractor and Contractor shall orally respond to the Contract Manager within two (2) hours. If a non urgent administrative problem occurs, the Department shall make contact with Contractor and Contractor shall orally respond to the Contract Manager within forty eight (48) hours. Contractor or designee at the Correctional Institution shall respond to inquiries from the Department by providing the necessary information or records that the Department deems necessary to respond to inquiries, complaints or grievances from or about inmates within three (3) working days of receipt of the request. The On‐Site Contract Monitor and the Department shall be copied on all such correspondence.

4.2.9 Operations Plan

Contractor shall adhere to and utilize the existing Operations Plan developed by the Department at each Correctional Institution for the first 6 months from contract execution. After that date, Contractor may begin implementing its Department approved Operations Plan for each Correctional Institution. The Operations Plan for each Correctional Institution must cover the full range of Correctional Institution operations including, but not limited to, the following:

4.2.9.1 All aspects of Correctional Institution operations that affect the quality of life of the inmates, employees, and visitors. The following items should be considered when evaluating quality of life within the Correctional Institution: inmate recreation program; recreation facilities; food quality, inmate food services standards; medical care; sanitation and hygiene practices; inmate exercise; access to mail, telephone and visitation; staff working conditions; and, inmate work assignments.

4.2.9.2 Procedures that will be utilized to facilitate monitoring of the Correctional Institution by Contractor’s Authorized Representative or the Authorized Representative’s designee on an annual basis;

4.2.9.3 Continuous self‐monitoring by Correctional Institution staff (On‐Site Contract Monitor will be given written copies of self‐monitoring reports monthly). It is Contractor’s responsibility to document self‐monitoring activities under the Contract;

4.2.9.4 Procedures for assumption of operations by the Department in the event of Contractor’s bankruptcy or inability to perform its duties hereunder;

4.2.9.5 An emergency procedures/security manual for confidential use by staff supervisors employed by Contractor;

4.2.9.6 Post Orders for all Correctional Institution security staff


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positions. All post orders must be submitted and approved by the Contract Manager. Post Orders will be reviewed yearly by Contractor. Documentation of this review and any prospective changes to the post orders will be submitted to the On‐Site Contract Monitor who will forward the documentation for review and approval in writing to the Contract Manager;

4.2.9.7 Job descriptions for each position, including salary range, education and experience requirements, certification/licensure requirements, descriptions of job duties, and full‐time or part‐time designation. All job descriptions must be submitted and approved by the Contract Manager. Job descriptions will be reviewed yearly by Contractor. Documentation of this review and any prospective changes to the job description will be submitted to the On‐Site Contract Monitor for review and approval in writing by the Contract Manager. Revisions must be approved prior to implementation. An Appendix (to be provided by Contractor) of the Contract is a chart documenting all the positions, job codes and minimum/maximum salaries. This Appendix must be updated as needed and approved by the Contract Manager. This Appendix will be the basis of vacancy deduction amounts for invoicing purposes. All job announcements must be accompanied with the corresponding job description approved by the Contract Manager prior to posting;

4.2.9.8 Contractor shall notify the Department in writing of desired changes in, or additions to, the Operational Plan with regard to Contractor’s policies and procedures, emergency procedures/security manual, post orders, and job descriptions. No such changes shall be implemented prior to Contractor’s receipt of written approval from the Contract Manager. The Contract Manager shall respond to a request for changes within thirty (30) days. A material breach of the Operational Plan shall be regarded as a material breach of this Agreement.

4.2.10 Reception, Classification and Assignment of Inmates

4.2.10.1 Reception/Intake Process ‐

The Contractor will provide sufficient security staff in addition to that required to provide for care and custody of the inmate population at Departmental reception centers to provide transportation and intake/reception processing at this reception center. Transportation will include providing secure operation of transport busses to deliver inmates to various institutions in the contracted area and to deliver and pick up inmates at the Reception Medical Center and Central Florida Reception Center.


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The Department or its designee will provide the medical and mental health evaluation necessary to process offenders into the appropriate Correctional Institution.

The Department will provide all classification functions at Departmental intake/reception centers. Medical and Mental Health staff associated with this activity will also remain with the Department or its designee.

4.2.10.2 With the exception of the Reception/Intake centers, the Contractor shall provide a classification program that is in accordance with all applicable standards and Department procedures. Contractor shall provide suitable office space at the Correctional Institution for one (1) or more Department classification officers as may be determined by the Department to conduct classification services, subject to the Department’s approval. Contractor may not make any change in an inmate’s custody level, but may recommend custody level changes to the Department for approval.

4.2.10.3 Beginning on the Service Commencement Date, inmates will be assigned to the Correctional Institution by the Department at a rate not to exceed capacity of the Correctional Institution in accordance with the following:

4.2.10.3.1 The inmates transferred by the Department shall: represent a cross section of the inmate population identified on the Correctional Institution profile sheet; have completed the initial classification process at a Department Correctional Institution; be accompanied by all initial classification and subsequent reviews and other necessary documentation; be accompanied with a complete medical record, including chest X‐ray; in compliance with Chapter 33, Florida Administrative Code.

4.2.10.3.2 If an inmate does not meet the qualifications or classification level necessary for assignment to the Correctional Institution and Contractor is aware of this before transport to the Correctional Institution, Contractor should provide notice to the Department before transport and request that the transfer be cancelled or diverted. If an inmate is found not to meet the qualifications or classification level necessary for classification to the Correctional Institution after transfer to Correctional Institution Contractor may request the transfer of unqualified or improperly classified inmates to a different Correctional Institution.


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4.2.11 Sentence Computation

Contractor shall provide the Department with data and information relating to sentence computation. The decision with respect to sentence computation rests with the Department. Contractor shall forward any court ordered sentence modifications (received via any source) to the Bureau of Sentence Structure and Population Management upon receipt.

4.2.12 Gain Time, Change of Custody and Furloughs

Contractor will provide specific information to the Department regarding the award or forfeiture of gain time, change of custody or granting furloughs. The decision for such rests with the Department.

4.2.13 Orientation of Inmates

Contractor shall conduct the orientation program for newly assigned inmates. This program shall meet minimum standards outlined in Chapter 33‐601.100, Florida Administrative Code. Contractor will provide a copy of the orientation materials and associated forms the inmate is required to sign. Contractor shall implement any orientation program curriculum changes initiated by the Department.

4.2.14 Transfer of Inmates

4.2.14.1 Certain circumstances may require an inmate's transfer out of the Correctional Institution. These circumstances include custody changes resulting from disciplinary infractions or other behavior in the Correctional Institution; medical and psychiatric transfers, as initiated by medical staff at the Correctional Institution; disciplinary transfers in accordance with Contractor’s disciplinary procedures; emergency transfers that involve extreme circumstances not normally found at the Correctional Institution; administrative transfers used in witness protection cases; or to adjust operational capacities.

4.2.14.2 Contractor will be responsible for all transportation within the contracted area. Contractor may also be required to transport non‐routine transfers such as emergency medical, emergency mental health, court orders, protective management, etc. Non‐routine transports will be determined by the Department by the nature of the request or its urgency. The Department shall have the final decision making authority relating to non‐routine transports. In the event of an emergency, the Department retains control of statewide transportation functions.

4.2.15 Inmate Reintegration Program

Contractor will provide an Inmate Reintegration Program which provides for the following:


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4.2.15.1 Treatment Program Counseling which will provide individual and group counseling for inmates which will comply with the ACA Standards and includes mental health care and crisis intervention services, adjunct community resource assistance as needed, specific therapy groups as determined by inmate needs and which may change over time, and a substance abuse program which is more fully described in Section 4.31.5.3

4.2.15.2 Volunteer Programs which will include clearly specified lines of authority, responsibility and accountability for the volunteer services program; recruitment, screening and selection of volunteers; and volunteer orientation and training.

4.2.15.3 Education Programs in compliance with the Department of Education, Department policy, and ACA Standards.

4.2.15.4 Minimum Core Programs that shall be implemented through this Contract are as follows:

1. Faith and Character

2. Thinking for a Change

3. 100 Hour Transition

4. Veteran Units

5. Education

6. Substance Abuse

7. Vocational Programs

8. United States Department of Labor Apprenticeships

9. Sex Offender Programming

These programs are explained in further detail in Section 4.3.13

4.2.15.5 Inmate Work Programs in compliance with the Department policy, and ACA Standards. All inmates will be required to keep their living areas clean. Work opportunities will be available in the food service, laundry, maintenance shop, warehouse, and utility squads. The Department will be responsible for approving gain time credit for labor performed. Contractor will be required to submit an annual report documenting the number of persons who have satisfactorily completed each of the academic education, vocational education, and substance abuse components, required to be delivered per the terms of the Contract Documents. Included in this annual report shall be an update of the career outlook analysis, concerning information as required in the Contract, including: type of jobs the vocational training prepares the inmates for; estimated job growth, both in the State of Florida and in the fields of training being offered; salary range of the jobs available; and qualifications necessary for the jobs.


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4.2.15.6 The Contractor shall perform all responsibilities of the Department for all Work Squad Agreements. All revenues received from work squad agreements shall remain the property of the Department. Any revenues received by the Contractor shall be remitted to the Department at the address in Section 4.6.3.3 within 10 days of receipt. Work Squad Agreements include all local agreements for use of inmate labor.

The Department shall reimburse the Contractor’s actual cost of

New Work Squad Agreements entered into by the Department which require staffing in excess of the Department’s staffing of Work Squad Agreements in existence at time of service commencement.

Actual costs to be reimbursed shall be included in the monthly invoice to the Department pursuant to Section 4.6.3.

4.2.16 Release of Inmates

Contractor will release inmates in compliance with the Department’s rules and procedures pertaining to release as found in the requirements of Rules 33‐601.501‐503, Florida Administrative Code, which establishes the procedure to be followed in providing a discharge gratuity and travel to eligible inmates upon their release. Contractor shall follow procedures which are substantially identical to those in Rules 33‐604.501‐503, Florida Administrative Code, and make payment from its fund to eligible inmates. The Department shall not reimburse Contractor for discharge gratuity payments made. The funds for this should be incorporated into the Per Diem Rate. A monthly report to include the inmate released and the correspondent receipts for the discharge gratuity and travel payments shall be submitted to the On‐Site Contract Monitor.

4.2.17 Transportation of Inmates

Contractor shall be responsible for inmate transportation within the contracted area and as specified in Section 4.2.10. Contractor will be responsible for transporting inmates to the hospital or outside medical appointments, and will be responsible for discharge transportation in compliance with Rules 33¬‐601.503 F.A.C. "Discharge Transportation". Contractor shall also be responsible for a transporting of a portion of the offender population to other intake facilities as identified in Exhibit I. A current bus schedule is included.

4.2.18 Inmate Discipline

Contractor will administer the system of inmate rules and disciplinary procedures in compliance with Department rules and procedures; Rule 33‐


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601.314 Rules of Prohibitive Conduct and Penalties for Infractions, to be consistent with those imposed by the Department.

4.2.19 Use of Force Contractor will administer use of force in compliance with Department Procedure, Florida Statutes, and Florida Administrative Codes.

4.2.20 Security

4.2.20.1 Security Services

The Contractor shall provide security services designed for preventing escapes, maintaining order, providing care, custody, control, and managing the inmate population. All security services and operations must be in accordance with ACA Standards and the Department’s Security procedures.

4.2.20.2 Security Operations Plan

The Contractor shall provide a Security Operations Plan to the Contract Manager prior to the Service Commencement Date. The plan shall be reviewed annually in collaboration with the Department and updated as needed. Documentation of this review will be provided annually to the On‐Site Contract Monitor. Changes to the plan require written permission by the Contract Manager. The Department reserves the right to require changes to plans submitted to the Department.

4.2.21 Radio Systems (Local and State Law Enforcement Radio System (SLERS)

Radio Equipment: Contractor shall ensure that all radio systems are licensed and maintained in accordance with Federal Communications Commission (FCC) regulations. Additionally, the Contractor shall repair and replace portable radios, mobiles, base stations, and repeaters in accordance Section 4.1.10.

4.2.22 Body Alarms

Pursuant to the Department’s security procedures, Contractor will be required to issue a body alarm to each employee, approved citizen volunteer, Department staff member, and private contract staff to be worn or otherwise carried on their person in a manner where it is easily accessible for emergency activation while inside the secure perimeter. The system should consist primarily of a transmitter (worn by the individual), receivers (located in various buildings/areas) and an enunciator/alarm unit (located in the Correctional Institution control area). The system should be “self reporting/monitoring” in that if a transmitter battery fails or a receiver is compromised, the system should notify control of the specific problem. The system should provide the location of the individual indicating that assistance is needed sufficient to allow for response staff to locate them and render assistance.


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4.2.23 Emergency Plans

Contractor shall create and establish detailed emergency plans that are in accord with ACA Standards and the Department’s Emergency Plans, and which address the items enumerated below. Plans will be provided to the On‐Site Contract Monitor, and approved by the Contract Manager and updated annually with documentation of the review provided to the On‐Site Contract Monitor. Changes to the plans require written permission by the Contract Manager. The Department reserves the right to require changes to plans submitted by Contractor. Contractor shall provide emergency plans that address the following:

4.2.23.1 Assault from Outside or Terrorist Activities

4.2.23.2 Bomb Threat

4.2.23.3 Escape

4.2.23.4 Evacuation

4.2.23.5 Fire

4.2.23.6 Hostage

4.2.23.7 Riot or Disorder

4.2.23.8 Hazardous Material

4.2.23.9 Medical Emergencies or Epidemics

4.2.23.10 Employee Strike Plan

4.2.23.11 Natural Disaster

4.2.23.12 Coordination with Local Agencies and the Department for Emergency Assistance

4.2.24 Emergency Squads

Contractor shall create and establish emergency squads, in accordance with Department policies and standards, to appropriately address any Correctional Institutional or staff disturbance, including those enumerated in Section 4.2.9.5. This plan will be reviewed annually and updated as needed. Documentation of review will be provided annually to the On‐Site Contract Monitor.

4.2.24.1 Assistance from the Department

The parties shall work together to coordinate Emergency Team responses at the Contractor’s Correctional Institutions and satellite facilities.

4.2.24.2 The Department through the use of its Emergency Teams will perform the following duties in support of this Contract:


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A. The Department will endeavor to provide the assistance of the Department's Emergency Teams whenever requested to do so by the Contractor in accordance with applicable Department rules and procedures. However, the Department's ability to provide the assistance of the Institutions' Emergency Teams may be subject to operational constraints.

B. Upon request of the Contractor, authorization to provide assistance will be requested through the Chief Deputy Secretary or the Assistant Secretary of Institutions.

C. Upon receiving the request for assistance, the Department will be responsible for determining if the requested resources are available. The Department will then notify the Institution(s) responsible to provide Emergency Team response and notify the Contractor that their request has been approved. The Department will also notify the Warden of the affected Institution(s) which response teams are approved to assist and provide a point of contact for each response team.

D. The Warden(s) or his/her designee at the Department Institution(s) will be responsible for the activation of the appropriate Emergency Teams, activation of the Department emergency management system and deployment of teams to the requesting Contractor’s Correctional Institution(s). The Warden(s) will also notify the Contractor’s Correctional Institution(s) of the Emergency Team's approximate time of arrival.

E. The Department will coordinate training with the Contractor's staff which will include the emergency response capabilities of Department teams, procedures for team utilization, and response plans including specific provisions for unified command training that clearly define the roles of responding Department Emergency Teams and the Contractor.

4.2.24.3 The Contractor will perform the following duties in support of the Department during Emergency Operations and through this Contract:

A. The Contractor agrees, when making a request for assistance of the canine tracking team, that the supervising authority of the Contractor shall provide the Department with information concerning the level of risk that will be involved in the search (e.g. whether the tracked person is armed, has a history of violence, or has a history of mental disorder that could cause confrontational behavior).


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B. The Contractor shall, when making a request for Emergency Teams in the event of a riot, hostage incident, or other disorder, provide the Department with information concerning the level of risk that will be involved (e.g., weapons involved, number of inmates, names of any hostages, backgrounds on all involved, area of incident with floor plans layouts, etc.).

C. Emergency Team assistance can be provided to the Contractor if the Warden(s) of the requesting Contractor Correctional Institution(s) provides the Department with a request for assistance. The Unified Command structure will be utilized for incident management and resolution for incidents resulting in such a request in accordance with the National Incident Management System and Incident Command System principles. A command post will be established at the Contractor’s Correctional Institution(s) for emergency management and resolution operations. The Department will provide an onsite command level representative for the Correctional Institution(s) command post to participate in Unified Command. Unified command will be utilized to jointly establish goals, objectives, the incident action plan and incident resolution jointly utilizing Contractor and Department resources. All direction for incident management and/or resolution to onsite response teams will be directed through the command post located at the incident location. The need for additional emergency response resources will be made through the onsite Department representative. While it is the intent that incident command for the Contractor and the Department work together in a unified command structure to resolve the incident, should a joint, consensus decision as to the resolution strategy/tactics to be employed not be possible, the Department’s commander will make the ultimate determination.

D. The Contractor shall reimburse the Department for all costs incurred by the Department resulting from utilization of these services. This will include, but is not limited to the following:

1. Personnel costs incurred as a result of deploying the Department Emergency Teams including any regular and/or overtime costs of the team members or personnel necessary to maintain staffing at the Institution(s) from which the teams are deployed.

2. Travel costs for team members and reimbursement for Department vehicle mileage at the State’s established rate.


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3. Reimbursement for any damaged equipment or uniforms at cost of repair or replacement.

4. Reimbursement for materials, supplies and ammunition expended by the Department.

5. Team member training costs required as a result of this Agreement.

The Department Bureau of Finance and Accounting will prepare an invoice as requested by the Department’s Contract Manager and will send it to the Contractor. The Contractor shall render payment within 30 days of receipt of the invoice. The Contractor shall contact the Department’s Contract Manager to resolve any issues related to the invoiced charges prior to the expiration of the 30 days above or the invoice is considered to be accepted as accurate.

4.2.25 Security Staff Utilization

Contractor shall develop and implement policy and procedures for Security staff utilization that includes, but is not limited to the following:

4.2.25.1 A table of organization for the security staff for the contracted capacity for the Correctional Institution and the position qualifications, job descriptions, pay levels, number of persons per post, distribution by shift, and security staff to inmate ratio in each housing unit and by shift.

4.2.25.2 A detailed Security Post Chart outlining how key functions/duties will be staffed. For example, escape ‐ canine supervisor; weapon systems ‐ arsenal officer; and exercise ‐ confinement/Hospital coverage, Transfer/Transport/Escort ‐ Medical Escort Officer or Utility Officer.

4.2.25.3 The Contractor may consider the use of 12‐hour shifts for those assignments where appropriate.

4.2.25.4 A policy covering how Medical Escort and Transfer for out‐patient and in‐patient treatment will be handled; how coverage will be provided for inmates who are in‐patients at hospitals; and how the responsibility of transporting or transferring inmates to other facilities will be handled must be submitted and approved by the Contract Manager prior to the Service Commencement Date. These assignments are to be reflected and identified on the Security Post Chart consistent with Department rules, policy and procedures.

4.2.25.5 A recap of the Security Post Chart by total number of staff, to include rank, number of days each post is covered and corresponding relief.

4.2.25.6 A detailed explanation and written example of how the relief factor for posts are calculated to generate the total number of security positions necessary.


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4.2.25.7 A detailed explanation of the use of any part‐time staff positions and their deployment shall be detailed on the Security Post Chart. The use of part‐time staff in management positions is forbidden. Full‐time correctional officers shall each be limited to no more than 32 hours of overtime in any two‐week period. The Department reserves the right to authorize exceptions to this Section.

4.2.25.8 Post Orders detailing and indicating the key duties and responsibilities for each security post/function identified on the proposed Security Post Chart.

4.2.26 Inspector General (IG) Requirements

4.2.26.1 Audit, IG, and Law Enforcement access, interviews, and cooperation

4.2.26.1.1 Contractor shall keep, at the Correctional Institution, proper and complete, books, records, and accounts with respect to the Correctional Institution and all subcontractors thereof; and shall permit the Department, Federal, State or other personnel duly authorized by the Department to audit and inspect the same at all reasonable times and to make and take away copies thereof, pursuant to Chapter 119, Florida Statutes. If there is trade secret information that the Contractor does not want disclosed during a public records request, it is the Contractor’s responsibility to provide an additional copy of the information with the trade secret information redacted.

4.2.26.1.2 The Department, Federal, State or other personnel duly authorized by the Department shall have full and immediate access at all times, with or without notice, to inmates and staff and to all areas of the Correctional Institution. Representatives will not be unnecessarily denied or delayed entry into any Correctional Institution, conveyance which transports inmates, obstructed at anytime and may consult and confer with any inmate, employee, or staff member privately and without molestation. Contractor shall not detain any designated representative(s) for any period of times in excess of the time reasonably necessary for parties to comply with existing security processes.

4.2.26.1.3 The Department’s Office of Inspector General, Federal, State or other personnel duly authorized by the Department shall have access to any records, data, and other information maintained by the


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Department, Contractor, Subcontractors or independent contractors as deemed necessary to carry out audits, investigations, and/or reviews. Access includes, but is not limited to telephone conversations, medical records, inmate records, evidence and any contraband retained.

4.3.26.1.4 The Contractor will ensure that all Contractor staff, its subcontractors, or independent contractors fully cooperates with the Office of the Inspector General staff and/or other personnel duly authorized by the Department in conducting audits, investigations, or reviews.

4.2.26.1.5 The Department’s Inspector General and inspectors will be allowed to consult and confer privately with any inmate or employee without molestation. Retaliatory action will not be taken against any inmate or employee for consulting or conferring with the Inspector General or inspectors.

4.2.26.1.6 All employees of any correctional institution shall adhere provisions of §944.31 Florida Statutes, Inspector General; inspector; power, duties, and authorized use of force; malicious battery and sexual misconduct prohibited; reporting required; penalties.

4.2.26.1.7 All employees and staff of any correctional institution shall adhere to any Memorandum of Agreement between the Department of Corrections and/or the Office of Inspector General and any federal, state, or local law enforcement agency.

4.2.26.1.8 The Office of Inspector General – DC shall be informed of the name and location of assignment of any employee or staff member arrested, charged or indicted for a criminal offense without unnecessary delay or not later than 48 business hours after having been arrested, charged, or indicted.

4.2.26.2 Office Space and Support

The Contractor shall make office space available for use by Department staff, Federal, State or other personnel duly authorized by the Department that allows for confidential business to be conducted. The Contractor shall also provide necessary support, including but not limited to, computer and telephone access. The Contractor shall ensure that any office space dedicated to Department staff, Federal, state, or other personnel is not accessed or occupied by any inmate or staff member except as permitted. Additionally, the Contractor shall


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ensure that any telephone or computer located in the designated space is secure and not accessed by any inmate or employee except as authorized.

4.3 Inmate Care 4.3.1 Inmate Visitation

4.3.1.1 Contractor shall provide all space, furniture, equipment, and supervision necessary to implement a visitation program in compliance with the Department’s procedures. Contact visitation will be provided as determined by an inmate's custody level and disciplinary status.

4.3.1.2 Contractor will provide space, equipment and supervision necessary for inmate visiting with children.

4.3.1.3 Contractor’s visitation policies shall be consistent with those policies followed by the State’s public prisons and will be reviewed annually and updated as needed. Documentation of the policies will be provided annually to the On‐Site Contract Monitor. Changes to the policy require written permission by the Contract Manager prior to implementation.

4.3.1.4 The Department will leave in place the Facility Access Secure Tracking (FAST) hardware. This includes a server, PC, Biometric hand readers (2) and video Camera. The FAST system will be connected to the existing DC network. The Department of Corrections will provide Monday thru Friday (normal business hours) technical support for the FAST SYSTEM and canteen connectivity. The contractor shall be responsible for all costs associated with hardware repairs, maintenance and replacement as deemed necessary by the Department of Corrections for the Video Camera, PC, and Biometric hand readers. The upkeep must be done on a timely basis as determined by the Department. The department shall maintain responsibly for repair, maintenance and replacement of the server and associated network switches that connect to the DC network.

4.3.2 Recreation

Contractor will provide indoor and outdoor recreation and leisure time programs as specified in its response to the RFP for the inmates in compliance with the Department’s rules, procedures, and ACA Standards.

4.3.3 Mail and Telephone

The Contractor shall utilize the Department’s contract for telephone, but shall provide mail services in accordance with Department Standards. Contractor shall take all reasonable precautions to prevent damage to the equipment.


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4.3.4 Personal Property

Contractor shall handle and dispose of inmate property in compliance with Department rules, procedures and other applicable standards provided in Chapter 33, Florida Administrative Code, and the United States Constitution. A monthly report shall be available for review to the On‐Site Contract Monitor regarding the property disposed of in compliance with the policy no later than the 20th of the following month.

4.3.5 Farm Share The Contractor shall be responsible for maintaining the Farm

programs at the Correctional Institutions currently in place in the 18 county area. The edible crops produced from the farms will be provided to the inmates in accordance with the food service master menu. Excess edible crops produced by the Contractor or produced by the Department shall be exchanged at market value (USDA average statewide market price) at time of delivery. The producing party shall be responsible for delivery to the receiving party. Exchanges shall be tracked by the Department’s Institutional Support Bureau, Edible Crops section. Net differences in exchange value shall be reconciled and remitted within 30 days following the end of the contract year.

The Contractor shall have use of existing farm equipment and shall be responsible for all cost related to edible crops production. Farm equipment shall be maintained and replaced in accordance with Section 4.1.10.

The Contractor shall also provide for applicable licenses including pesticide licenses. In addition, monthly meter readings are required to be reported to the Southwest Florida Water Management District (SWFWMD).

4.3.6 Laundry, Clothing, and Inmate Comfort Items

Contractor will furnish uniforms, including shoes, for inmates that will be properly sized and fitted, climatically suitable, durable and presentable. Contractor will comply with the Department’s Notice of Instruction 1‐071 “Inmate Health and Comfort Items – Issuance.” Contractor will provide laundry services and clothing in compliance with the applicable and corresponding Constitutional standards and the ACA Standards to include, but not be limited to the following:

4.3.6.1 Regular changes of clothing; 4.3.6.2 Toothbrush & toothpaste; 4.3.6.3 Disposable razor (except where prohibited); 4.3.6.4 Bath soap; 4.3.6.5 Toilet paper; 4.3.6.6 Specialized clothing for inmates who are involved in activities

such as food service, maintenance; and 4.3.6.7 Clean bedding and linen.


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4.3.7 Grievance Procedure

Contractor will follow all Department rules and procedures for inmate grievances; Chapter 33‐103 Inmate Grievances. Contractor shall adhere to and utilize the Department’s inmate grievance system currently in place at each Correctional Institution and Correctional Unit. Contractor will implement any changes to the inmate grievance system initiated by the Department. Monthly reports must be submitted to the Department regarding all inmate grievances no later than the 20th of the following month.

4.3.8 Inmate Compensation

Some inmates employed in selected jobs are paid for their labor. Wages should be deposited to the inmate's account and a portion of earnings be returned to the State to offset part of the cost of incarceration. Distribution of inmate earnings will continue to accrue to either the inmate or the State and Contractor will have no claim to any part of inmates' earnings. Contractor shall comply with Florida Statutes regarding inmate earnings distribution.

4.3.9 Library

4.3.9.1 Contractor shall provide an inmate law library in compliance with the Florida Administrative Code 33‐501.301, Department’s Policy 501.301, and ACA Standards. The institution librarians shall conduct an annual inventory of their collections and report any missing items. This report will be submitted to the Department’s Library Services Administrator and the On‐Site Contract Monitor. This yearly report for the law library will include a list of missing items and a list of items on the shelf that are not included on the inventory form. The yearly report is due by March 1st annually. The monthly law library report from the Correctional Institution shall include the number of library requests, number of requests completed, number of requests denied, number of library visits in confinement, days and hours the law library was open to inmate use, circulation of law library materials, volume of legal services provided to inmates, number of assigned inmate law clerks, and legal materials added to the law library collection during the month. Library reports will be submitted monthly to the On‐Site Contract Monitor and the Department per Department Procedure 501.301. The Law Library at the Correctional Institution will be designated as a major collection. This report will be submitted by the 10th day of each calendar month for the previous month's activities. A “Law Library Report for Major and Minor Collections,” DC5‐147, and “Monthly Accession Report for Law Library Collections,” DC5‐145, will be used to submit the monthly report for the law library.


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4.3.9.2 Contractor will provide a general library for inmate use. A

monthly report in compliance with Department policy 501.310 will be submitted monthly to the Department’s Library Services Administrator and the On‐Site Contract Monitor. This report will include total operating time, circulation and usage by inmates and staff, educational/informational programming, and library collections. A “General Library Report,” DC5‐144, will be used to submit the monthly report of the general library usage.

4.3.10 Access to Courts

Contractor shall provide inmates access to courts in compliance with the ACA Standards and the United States Constitution.

4.3.11 Food Service

Contractor will provide a food service program in compliance with the Department’s procedures and ACA Standards. Contractor is responsible for a variety of services, including a diet at least equal to those provided by the Department in comparable facilities.

4.3.11.1 Contractor shall provide all food, staffing and supervision of preparation for the total delivery of food service at the Correctional Institution. Contractor shall provide a full service kitchen with separate dining areas for inmates and staff.

Master Menu

4.3.11.1.1 The Department has developed, and has in place, a four‐week cycle Master Menu (see Exhibit E—DC Menu) that shall be followed by Contractor to ensure inmates housed in the Correctional Institution receive the same caloric and dietary requirements. Contractor shall serve, at a minimum, two (2) hot meals per day in accordance with ACA Standards, with the exception of sack lunches or other special diets, as directed by medical staff, or the Warden in the case of an emergency.

4.3.11.1.2 Contractor may utilize an alternate master menu that differs from the DC Master Menu, provided that the alternate menu complies with the same caloric and dietary requirements as the DC Master Menu and is reviewed and certified by a registered dietician credentialed in the State of Florida.

4.3.11.1.3 If at any time the DC Master Menu changes any nutritional, caloric and/or dietary requirements, the Contractor, if using an alternate master menu in accordance with Section 4.3.11.1.2, shall immediately update their master menu to reflect


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the DC Master Menu changes. This update to the Contractor’s master menu shall be reviewed and certified by a registered dietician credentialed in the State of Florida.

4.3.11.1.4 Contractor shall make provisions for providing sack lunches for inmate work crews in compliance with the applicable Department rules or procedures.

4.3.11.2 Delivery of Food

4.3.11.2.1 General Population

The delivery of food for the general population inmates will be provided in cafeteria style in the Correctional Institution. Alternate methods may be proposed by Contractor subject to written approval by the Department. This will include blind feeding where the inmate serving the food is not able to see the inmate receiving the tray.

4.3.11.2.2 Confinement/Infirmary

Inmates who are housed in confinement or infirmaries shall be fed in the confinement units or infirmary, whichever is appropriate.

4.3.11.2.3 Medical Diets

Contractor shall prepare all medical diets in accordance with the recipes and menus in the Department’s Modified Diets Component of the Master Menu and account for the number of inmates receiving such diet. Contractor shall provide the On‐Site Contract Monitor with a monthly report of all inmates at the Correctional Institution receiving a medical diet. Additional documentation may be required upon review of monthly report.

4.3.11.3 Religious Diets/Alternate Entrée

The Correctional Institution Chaplain shall advise the institutional officials in charge of food services on all matters related to religious dietary requirements. Except in rare circumstances, requirements for religious diets are met by the Master Menu through the alternate entree program. A non‐meat protein source is designated on each daily menu as an alternate to the main entree. Any inmate may choose between either the main entree or the alternate entree. Contractor shall provide the On‐Site Contract Monitor with an updated list monthly of all inmates at the Correctional Institution receiving a


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religious diet. Additional documentation may be required upon review of the monthly report.

4.3.11.4 Records must be maintained indicating daily menus and number of meals served. Substitutions to the pre‐approved menus must be clearly documented and Contractor must ensure that substitutions made are of equivalent nutritional and caloric value to the original item. These records may be reviewed by the On‐Site Contract Monitor at his/her discretion.

4.3.11.5 Contractor shall develop a written policy and procedure for delivery of food in case of an emergency (examples: non‐delivery of food, riots, natural disasters, man‐made disasters, strikes, equipment failure). Emergency feeding policies and procedures must be reviewed annually in collaboration with the Department and the On‐Site Contract Monitor. The plan should include a minimum of three (3) days feeding for the ADP.

4.3.11.6 Contractor shall develop and implement a written plan for sanitation and rodent control which includes all kitchen/dining space, appliances, supplies and equipment. Sanitation policies and procedures must be reviewed annually in collaboration with the Department and the On‐Site Contract Monitor.

4.3.11.7 Contractor shall develop a preventive maintenance schedule for the food service equipment, as applicable. All tools, knives and utensils must be locked in a controlled environment, inventoried, and signed in and out in accordance with the Department’s procedure. All policies will be reviewed annually in collaboration with the Department and the On‐Site Contract Monitor.

4.3.11.8 All foods and/or condiments of a high security risk shall be locked in a controlled environment in accordance with Department Policies.

4.3.11.9 National Child Nutrition Program

The National Child Nutrition Program (NCNP) is a federally‐funded program administered by the Department of Education which is coordinated and monitored by the Department of Corrections’ Office of Contract Management and Monitoring and the Department of Education. The program provides for specific nutritional requirements for inmates who are under twenty‐one (21) years of age assigned to a designated bed in a specific housing area at a Correctional Institution specifically participating in the NCNP program. Institutions/facilities that are currently participating in the NCNP program are Indian River CI, DeSoto Annex, and SFRC.

The Contractor shall ensure that all requirements for the Department’s continuing participation in the NCNP are


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maintained. The Department’s Office of Contract Management and Monitoring shall be responsible for providing training and technical assistance for meeting NCNP requirements on a scheduled basis as well as upon written request. NCNP requirements include mandatory attendance by a designee of the Contractor at NCNP training provided by the Department’s Office of Contract Management and Monitoring. Participation in the NCNP training only applies to the staff of the facilities designated for NCNP participation.

All meals for eligible NCNP participant inmates shall be served in accordance with the Youthful Offender Component of the Master Menu. The Youthful Offender Menu component requires that all NCNP inmates shall be served one‐half (1/2) cup serving of fruits or vegetables, or one‐half (1/2) cup of 100% fruit or vegetable juice. At all lunch meals including sack lunches, in addition to serving the Master Menu, all NCNP inmates shall be served one‐half (1/2) pint of fluid low fat(1%) or skim milk as a beverage which meets state and local standards. The Youthful Offender Menu component requires the serving of low‐fat (1%) milk at breakfast. At lunch, both skim milk and low fat (1%) milk must be available and in sight of each participating inmate to allow a choice of milk to be made at the time of service.

All funds received for the NCNP program shall remain the property of the Department. Any funds received by the Contractor shall be remitted to the Department at the address in Section 4.6.3.3 within 10 days of receipt.

In the event a federal, state, or Department audit or review results in a finding of non‐compliance with NCNP rules and regulations, the Contractor shall be liable for liquidated damages.

4.3.12 Canteen Services

Inmates shall have access to a canteen for purchase of goods. Contractor shall use the Department’s contract for canteen services.

4.3.13 Vending Services

Contractor shall be responsible for vending services and may provide for the placement in the Correctional Institution of one or more vending machines for use by the inmate's visitors and/or staff. Items for resale must be priced comparably with like items for retail sale at fair market prices. Receipts for these items must be provided upon request. Documentation of fair market pricing must be provided upon request.

As required by Section 945.215, Florida Statutes, the net proceeds derived from vending machines used in the visitation parks and any interest earned on the account, shall be sent to the Department for deposit.


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Contractor shall provide a monthly statement to the On‐Site Contract Monitor to include details on the net revenue derived from the vending machines.

4.3.14 Drug Testing

Contractor shall conduct a random drug testing program consistent with Department’s policies and procedures. The Department will provide a monthly list of inmates to be drug tested. The list will be randomly generated. Monthly reports must be submitted to the On‐Site Contract Monitor regarding the testing results. Results will also be sent to the Department within three days of receiving the test results. All inmate drug testing policies shall be reviewed annually and updated as needed. Documentation of review will be provided annually to the On‐Site Contract Monitor. Changes to Contractor’s written drug testing policy require written permission by the Contract Manager.

4.3.15 Programmatic Services

4.3.15.1 Contractor shall provide programmatic services as set forth in its response to the RFP. (See Contractor’s Appendix as submitted in the RFP).

4.3.15.2 Contractor shall provide evidence‐based programs that have the objective of reducing recidivism by assuring the successful reintegration of the inmates back into society upon release from incarceration. Such services shall be initiated upon the Service Commencement Date, that will be maintained continuously and will be certified by the appropriate governing agency(ies).

4.3.15.3 Teachers’ and instructors’ credentials must meet or exceed all applicable requirements of Florida Law. Teachers and Vocational Instructors shall possess either a Florida Department of Education or Florida Department of Corrections certificate to remain in compliance. If a temporary certificate is issued, a permanent certificate must be obtained within three (3) years or Contractor shall dismiss employees that are non‐compliant.

4.3.15.4 The inmate participation requirements set forth in Contractor’s proposal shall be reevaluated annually and adjusted as necessary by mutual agreement of the parties through an addendum to the Contract. Any reduction in inmate participation requirements shall be accompanied by a corresponding reduction of the Per Diem Rate.

4.3.15.5 All programs shall be evidence based and shown through current research to successfully reduce recidivism. Evidence‐based interventions and practices have been independently evaluated using sound methodology, including, but not limited to, random assignment, use of control groups, valid and reliable


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measures, low attrition and appropriate analysis. Such studies should provide evidence of statistically significant positive effects of adequate effect size and duration for the intended population. In addition, there will be evidence that replication by different implementation teams at different sites is possible with the same positive outcomes. Some interventions and practices meet some, but not all of the above criteria, and pending further research, may be considered "promising". All programs should address specific issues, tasks and skills to be mastered at each stage, to include, but not be limited to, developing job skills, addressing educational deficiencies, addressing denial and to confront the consequences of their substance abuse; identifying self‐defeating thoughts and patterns of behavior, learning coping and stress management skills, and developing and identification with a crime‐free lifestyle; altering self‐defeating thoughts and behavioral patterns, and acknowledging personal responsibilities. Reintegration involves programs targeted at providing inmates the tools to effectively reenter society and become productive members of our communities. Programming should involve a comprehensive case management approach, and assist offenders in a variety of needs. These needs can include drug treatment, vocational training, educational enhancement, and life skills. Many of the inmates sent to the Correctional Institution will have a substance abuse history and a significant need for treatment. The substance abuse programs offered by the vendor should be the equivalent to the programs offered by the DC. Each inmate shall have a reentry plan to include a comprehensive assessment of the inmate’s needs and how these needs will be met with the facilities programming. This plan will be kept in the inmate’s file and reviewed twice yearly with the review documented.

4.3.15.6 Contractor may utilize volunteers for programs that will contribute to leisure time, religious educational programs, or that in Contractor’s judgment may contribute to inmates’ adjustment in the Correctional Institution or upon release. Volunteers shall be screened according to the established DC policy.

4.3.15.7 All inmate programs are subject to reporting requirements of the state and federal government. All programs must be offered on a continuous basis. Teacher/instructor ratios are to be in accordance with best practices to accomplish this goal, and once approved are subject to the vacant positions requirements of the Contract. The average daily attendance for academic classes is a minimum of 22 full‐time enrollees per teacher, per day. The average daily attendance for vocational education courses is a minimum of 15 full‐time enrollees per teacher, per day.


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4.3.15.8 Contractor shall propose, achieve and maintain performance measures and goals, for these programs as stated in the RFP and Contract and shall provide the Department with a monthly status report indicating whether the programs’ goals have been met or the reason why the goals have not been met. This report shall include the number of GED certificates earned, number of vocational programs completed, number of reentry plans completed and reviewed, and/or other information as developed by the Department or the On‐Site Contract Monitor.

4.3.15.9 Types of program services to be provided include, but are not limited to the following:

Portal Sites: Contractor shall contact the Circuit Administrator to discuss the interests of the county that would like to develop the new portal site. Upon approval from the Department and willingness of the Sheriff’s Office within the county to collaborate, Contractor may begin the process of initializing a new portal site and developing and implementing a Memorandum of Agreement (MOA). The MOA used shall contain the language analogous to the language currently used by the Department. In developing the portal, the Contractor shall provide the county’s staff or their representative access to inmates while they are incarcerated at the facilities for the purpose of program familiarization and recruitment; provide pertinent release information about offenders to the county that would assist in assessing the inmate’s needs. (e.g., housing, employment, education, etc.); provide updated data to the county listing the names and release dates of inmates who will be returning to the county; and deliver inmates releasing to the county to designated criminal registration portal. Portal sites currently do not operate on weekends.

4.3.15.9.1 Sago Palm Re‐Entry Center began partnering with Palm Beach County Portal July 2011. Inmate population at this site is currently 368. The distance from Sago Palm to the Palm Beach County Portal is 34.68 miles in each direction.

4.3.15.9.2 100‐Hour Transition Program is a statutorily mandated transition program which covers job readiness and life management skills including the change process and criminal thinking; decision‐making; problem solving; values and principles; goals and goal setting; social situations; health and wellness; substance abuse, addictions and recovery; families; employment; money matters; and community re‐entry. This program or a Department approved equivalent shall be provided to all


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inmates within the 18 month period prior to their release.

4.3.15.9.3 Core Programs: Core Programs shall be implemented within facilities include Thinking for a Change which shall be provided to inmates with a Recidivism Index score of 3 or 4 and offered within 36 months of release and US Department of Labor program. Additional programs that shall be located at select facilities include Faith and Character/Purposeful Living Units Serve (FCB/PLUS), Veterans Unit (Martin CI), and Sex Offender Programming. Contractor shall comply with Department standards developed for all core programs.

4.3.15.9.4 Substance Abuse:

Substance abuse programs shall be provided in accordance to existing programs. Substance abuse programs shall be provided in accordance to existing programs. Broward Correctional Institution (CI) operates a Dual Diagnosis Residential Therapeutic Community (TC) program that is nine (9) to twelve (12) months in length and segregated from the general population for 45 inmates. CONTRACTORS shall provide an inmate program schedule detailing inmate activities twenty‐four (24) hours per day seven (7) days per week.

Transition Re‐Entry Substance Abuse program at Hollywood Work Release Center for 121 inmates

4.3.15.9.5 Intensive Outpatient Program (IOP) at:

Everglades for 90 inmates,

Okeechobee for 90 inmates, and

Sago Palm for 70 inmates.

CONTRACTORS shall provide an IOP four (4) to six (6) months in length at the locations mentioned. The program shall be a minimum of twelve (12) counselor supervised program activities per week at a minimum of four (4) days per week. Contractor shall ensure there is an appropriately licensed Aftercare Program, pre‐treatment motivational readiness services for inmates awaiting placement, recovery and support activities including 12‐step support groups and alternative support groups, peer


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led/Counselor supervised Alumni groups available for inmates who completed the TC or IOP, re‐entry/transitional planning, and establishment of links within the community.

Contractor shall obtain appropriate Department of Children and Families (DCF) licensure; comply with clinical supervision and staffing requirements; develop an appropriate quality assurance program; comply with Department approved staffing qualifications; ensure the utilization of evidenced based cognitive behavioral substance abuse curriculum, assessments tools and progress/outcomes monitoring instruments (preferably the Texas Christian University Mapping – Enhanced Counseling curriculum implementing the Criminal Thinking Scales, CJ Client Evaluation of Self and Treatment at Intake and at intervals determined by the Department and CJ Client Evaluation of Self and Treatment); ensure compliance with all applicable requirements of Title 42 code of federal confidentiality and HIPAA rules; abide by all Department Substance Abuse Treatment procedures; use Department approved official substance abuse forms; ensure the use of Peer Facilitators pursuant to Department policy; and participate in the Department’s Recovery Specialist Certification program.

4.3.15.9.6 Education Programs:

4.3.15.9.6.1 Academic Programs and Educational Services shall include the following subjects existing in institutions:

Literacy Adult Basic Education I‐IV Pre‐GED GED classes Post Secondary Programs Special Education Child Find Reception Processing Ready to Work Additional subjects may be

approved by the Department upon request and review


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Education Programs shall be in compliance with the ACA Standards shall be provided to the inmate population as follows (based on current capacity):

At all times during the course of the Contract, Contractor agrees to maintain inmate participation in behavioral, academic, vocational, and substance abuse programs at the Correctional Institution at the participation percentage level and ratios identified below.

Education Programs shall be in compliance with the ACA Standards. "Participating" shall mean "the inmate is actively attending specified program." Contractor’ Programmatic Services Plan will include the proposed number of programming slots and whether a program will be offered on a full‐time or part‐time basis. For purposes of this section, “full‐time” shall mean four to six hours per day, and “part‐time” shall mean one to three hours per day.

For example, assume a Correctional Institution currently has a maximum occupancy of 1,000 inmates and currently 200 inmates per day, Monday through Friday, barring recognized holidays, are enrolled in and participate in programs offered by Contractor. The Correctional Institution undergoes an expansion that results in the Correctional Institution having a maximum occupancy of 1,200 inmates. Under the Contract provision, the Contractor would now have to maintain inmate enrollment and participation in such programs at 240 inmates per day, Monday through Friday, barring recognized holidays.

If inmates in the Correctional Institution cannot participate in the programs identified in this Section because they are not eligible, do not participate in such programs because they refuse to participate or do not complete the programs for which they are enrolled and have participated in, the Contractor shall provide this information to the On‐Site Contract Monitor. With regard to inmate enrollment, participation, and completion in the programs at issue and the need to accurately account for inmate participation and completion in these programs, the Report will account for inmate program participation and completion and shall at a minimum provide information that includes the inmate's name, the inmate's DC Number, and a description of the ineligibility of the inmate to


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participate in or the inability to complete the program(s) or the facts surrounding the inmate's refusal to participate. Further, it is understood that inmates who are enrolled in and are actively attending a program may have occasional absences due to legitimate reasons including, but not limited to, health reasons, court appearances, recognized holidays, etc. Such absences shall be noted in the Report.

a. The information provided by the Contractor to the On‐Site Contract Manager regarding inmate participation in and completion of these programs shall be provided in sufficient detail to enable the Department to appropriately audit and monitor the Contractor's compliance with this provision.

b. Inmate eligibility to participate in such programs shall ultimately be determined by criteria established by DC.

c. Inmates shall be provided access to networked computer assisted instruction laboratories at the current capacity of workstations located within the institution. Computers shall have the current version of TABE PC (9/10) and OPT for PC installed. TABE and OPT (PreGED) testing shall comply with FDOE Technical Assistance Paper on Assessments and DC Procedure 501.102 and 501.104. TABE data shall be uploaded to OBIS electronically to ensure test security and accuracy. Contractor shall secure Florida & US Department of Education approval as a GED Official Test Center.

d. As required by the Department of Education, Contractor shall meet the criteria of the L‐30 GED Testing Center & Test Administration Monitoring Tool, complete the L‐21 GED Testing Center Monthly Inventory of GED Secure Materials on a monthly basis, and complete the L‐10 Testing Center Staff Appointment when staff member change. Contractor shall comply with annual or bi‐annual audits by the Testing Coordinator for the Department to ensure compliance of the L‐30, L‐21, and L‐10 as set forth by the Department of Education. In adherence to DOE regulations, Contractor shall not employ classroom teachers at the institution as GED examiners and vice versa. Inmates shall


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be provided with quarterly GED testing. Only inmates with qualifying TABE and OPT scores, as established in Department Procedures 501.102 and 501.104, shall be GED tested. Test results shall be recorded in OBIS within 30 days of receipt. Program enrollments shall be in accordance with the Correctional Integrated Needs Assessment System (CINAS)/Automated Inmate Ranking System (AIRS). Evidence of quarterly TABE, OPT, and GED testing shall be provided to the Bureau of Re‐Entry Programs and Education. Courses of instruction for ABE and GED shall adhere to FDOE curriculum frameworks. Educational data shall adhere to department standards/requirements as established in Classification and Education technical manuals.

e. Contractor shall show educational gains (exception for special education students). For example, students must show a 0.5 grade level increase for every 3‐4 months of instruction and at least 75% of inmates enrolled in GED‐level classes shall secure GEDs within 6 months of enrollment.

f. Provisions shall be made for Spanish speaking inmates to ensure they receive educational services. Such provisions may include providing English as a Second Language or variation of the program that has been approved by the Bureau of Re‐Entry Programs and Education.

g. Provisions shall be made for Special Education. Child Find shall be staffed at reception. Services shall comply with requirements established in Department Procedure 501.201. Staffing standards as set forth by the Department of Education shall be upheld. Contractor shall maintain a standard of timely record keeping and data entry on the DC39 screen in the Offender Based Information System (OBIS) and Individual Education Plans (IEP).

4.3.15.9.7 Vocational Programs that are specialized to meet current needs of the Correctional Institution and or the DC. The vocational program will be designed to impart knowledge and develop skills that are essential for success in meeting the needs of the inmates, the Correctional Institution and/or the DC, with adequate experience to enable the inmate to


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obtain employment upon release. Actual work‐based projects are to be included in the learning activities. Vocational programs must have specific performance measures: number enrolled, number participated, number completed, number certified, etc., with the goal of placing as many inmates as feasible in apprentice‐type job programs to benefit the State and maintain security in the Correctional Institution. The custody level of the inmate is to be a consideration in establishing and assigning inmates to vocational programs. The program may include subcontractors to accomplish the program goals. Programs should be in areas recommended as a ‘workforce need’ as established by the Department of Labor or the Agency for Workforce Innovation. It is suggested that Contractors review DC’s Career & Technical (CTE) Course List.

Contractors shall provide ‘in‐demand’ trades that utilize a FDOE or industry approved curriculum. Students are enrolled for a minimum of 15 hours of instruction per week (including remediation if needed). Students shall only be enrolled in one (1) vocational education course at a time. Students enrolled in vocational education who do not have Basic Skills Proficiency shall be remediated. Contractor shall adhere to departmental security requirements, OSHA health and safety standards.

4.3.15.9.7.1 Vocational programs shall include one or more of the following subjects:

• Commercial Driver’s License (CDL) • Commercial Foods • Culinary Arts • Environmental Services • Nursery Management • PC Support • Tile Setting • Carpentry • Heating, Ventilation, Air

Conditioning and Refrigeration (HVAC)

• Applied Welding Technologies • Automotive Technology Career

Services • Cabinetmaking / Carpentry • Commercial Art Technology • Electronics Technology • Masonry Brick and Block


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• Additional subjects may be approved by the Department upon request and review.

4.3.15.9.8 Law Libraries as federally mandated by the

courts shall be in all facilities housing more than 500 inmates. The exceptions are work release centers and similar facilities. Contractor shall provide a law library collection that includes all materials detailed in Department Procedure 501.301, Sections (2)(b) and (c). Contractor shall ensure that inmates will have access to computer‐based legal research workstations with Premise – Florida Correctional DVD. Law libraries shall be open to inmate use a minimum of 25 hours per week when law clerks are present and must include at least one (1) evening/weekend session (when a majority of inmates are off‐duty from work/programs) of at least two (2) hours duration. Contractor shall ensure that facilities provide inmate law clerks or other ‘persons trained in the law’. Copying services shall be provided in accordance with rule 33‐501.302 and court rules. Legal postage shall be provided in accordance with rule 33‐210.102 and court rules. Legal storage shall be provided in accordance with rules 33‐602.201 and 33‐50.301, Florida Administrative Code (FAC). Indigents shall be provided with tools necessary to prepare legal documents such as pen, paper and envelopes. Legal assistance shall be provided for inmates in administrative segregation. Notary services shall be provided as legally required. Priority access shall be provided to the law library collection, inmate law clerks, and/or required legal services.

4.3.15.9.9 Extended Day programming is offered at Indian

River CI. Contractor shall adhere to the Youthful Offenders and the Extended Day Program Technical Manual. Chapter 958, Florida Statutes requires that enhanced program services be provided to youthful offender inmates. In response to this mandate, the Extended Day Program was developed.

4.3.15.9.10 Extended Day operation at each institution is

managed by a strategic schedule of inmate activities. Programmatic activities may include


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Normative Culture, Performance‐based Standards, Aggression Replacement Training, gang intervention classes, parenting classes, involvement of parents in treatment, substance abuse programming, education programming, vocational education programming, Thinking for a Change, conflict resolution, healthy relationships, health and hygiene, goal setting, nutrition, personal finance, coping skills, job skills and job related activities, Ready to Work, Typing, and Intensive Out Patient and other substance abuse programming.

4.3.15.9.11 Release Preparation or Pre‐Release classes or

seminars emphasizing resources in the community to aid in transition. These resources should include information on obtaining birth certificates, copies of social security cards, obtaining a driver’s license or photo identification card, applying for food stamps, workforce services, child support issues, etc.

4.3.15.9.12 Intervention classes to offenders with violent histories at a minimum of two (2) times per year, and more often if the population turnover warrants. These classes may be included with Life Management skills classes. Cognitive behavior and self‐help programs are encouraged.

4.3.15.9.13 Religious Services shall be made available to all inmates who wish to participate in accordance with the ACA Standards and the United States Constitution. Services may be provided by a Chaplain(s) hired by Contractor, or by qualified volunteers. If Contractor chooses to depend upon volunteer services and said services prove to be inadequate to meet the needs of the inmates as determined by the Department, then Contractor shall hire one or more Chaplains at no additional changes in the Per Diem Rate.

4.3.15.9.14 Organized weekly religious services shall be offered

Volunteers from the community may be utilized to assist in offering a variety of religious programs. Religious activities must be afforded in accordance with applicable federal and state laws. Pastoral qualifications of employees or


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volunteers in this program must meet the minimum qualifications required by the DC.

4.3.15.9.15 Wellness Program which includes indoor and outdoor recreation and leisure time programs for the inmates in compliance with the applicable and corresponding Constitutional standards and the ACA Standards.

4.3.15.9.16 Substance Education and Treatment Program that (i) provides individual and group counseling for inmates, (ii) is a treatment program designed to reduce substance use and abuse, and (iii) is normed for the population of the Correctional Institution.

4.3.15.9.17 Self Help Programs that provide individual and group counseling for inmates as set forth below and that comply with ACA Standards.

Alcoholics Anonymous

Narcotics Anonymous

Tobacco Cessation

Self‐help program participation is voluntary and will not contribute to any inmate program participation requirements set forth in the contract.

4.3.15.10 Program Vacancies

4.3.15.10.1 It is understood and agreed that from time to time a vacancy may occur in a program slot required by this Section. For purposes of this Contract, a vacant slot occurs when the inmate assigned to the program has transferred, refused to participate, has deceased, or is reassigned to another program. A vacant slot also includes an inmate assigned to the program but due to his circumstances cannot benefit from the programming. Examples include providing transition services to an inmate serving a life sentence with no possibility of parole, or providing pharmacy technician training to an inmate with an extensive criminal history of drug abuse. A vacancy does not occur when an inmate is temporarily absent due to illness, classification appointments, or other temporary leave conditions. In the case of a vacancy, Contractor may arrange for the service to be provided to another inmate, so long as the service is provided to an inmate with standing to benefit from the program.


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4.3.15.10.2 Contractor agrees to exercise due diligence to attempt to fill any vacant programming slots immediately upon the date which the slot becomes vacant. If Contractor anticipates a problem in filling a vacant slot, Contractor must request a waiver from the Department. The request shall be submitted to the Contract Manager through the Department’s On‐Site Contract Monitor. The Department shall respond to any such request within three (3) working days.

4.3.15.10.3 As long as Contractor has exercised and continues to exercise due diligence to fill a programming slot, the fact that the slot remains open shall not constitute an Event of Default, but if Contractor has less than the required number of inmates participating in programming for more than the thirty (30) day allowance, adjustments due to partial performance may be assessed pursuant to Section 4.4.1.3.

4.3.16 Programmatic Services Plan

All programs described in Contractor’s Programmatic Services Plan must be offered on a continuous and continual basis. Teacher/instructor ratios are to be reasonable to accomplish the goal, and, once approved, are subject to the vacant positions requirements of the Contract. Contractor shall achieve and maintain performance measures for these programs indicating whether the programs’ goals have been met and, if applicable, the reason why the goals have not been met. Contractor will report the daily participation for all programs to the On‐Site Contract Monitor on a weekly basis. Contractor shall retain the sign‐in sheets for the attendance rosters in each program, and complete the documentation of hours and course completions in OBIS. All programs are subject to reporting requirements of the state and federal government.

4.3.17 PRIDE Operations

The Department currently is under lease and contract with Prison Rehabilitative Industries and Diversified Enterprises (PRIDE), the non‐profit corporation specified in Section 946.501, Florida Statutes, to operate different prison industries statewide. The Contractor must continue to support the operations of these industries. The level of support must be, at a minimum, equal to the current level of support provided by institutions as operated by the Department. Contractor support will only be allowed to fall below the minimum standard upon written authorization from the Contract manager. In addition, the Contractor is required to work in cooperation with PRIDE and the Department on any expansion of prison industry.

Requests to establish new PRIDE programs will be forwarded to the department for review and approval. Termination of existing programs by PRIDE will be


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reported to the Department and the Contractor will assist in the final disposition of equipment and building closure in conjunction with the department.

4.4 Contractor Employees 4.4.1 Staffing Requirements

4.4.1.1 Contractor shall provide sufficient, qualified personnel to oversee and carry out the required operations of the Correctional Institution as specified by the Department’s policies and procedures and in accordance with ACA Standards. Contractor shall maintain a file containing job descriptions for each position contained within the staffing pattern. All security posts will have a post order with sufficient detail to ensure the security person filling the position can accomplish all tasks. Job descriptions will be reviewed annually. Documentation of review and any suggested revisions will be submitted to the On‐Site Contract Monitor with all revisions being approved by the Contract Manager. Contractor will provide updated information on the Automated Training Management System (ATMS). All terminations for cause will have appropriate comments added to the termination reason in the ATMS Correctional officer certification standards are established by the Florida Department of Law Enforcement, which oversees several academies across the state. Please contact the appropriate academy for their costs and application process. For a list of certified criminal justice training facilities please see the following webpage: http://www.fdle.state.fl.us/cjst/Training_Resources/training_centers.html.

4.4.1.2 Equal Employment Opportunity

Contractor shall provide written procedures on equal opportunity practices relating to recruitment, examination, appointment, training, promotion, demotion, compensation, retention, discipline, separation, or other employment practices. Recruitment and selection shall be done without regard to age, race, color, sex, religious creed, national origin, political opinions, or affiliations, marital status or handicap, except when such requirement constitutes a bonafide occupational qualification necessary to perform the tasks associated with the position. Contractor is responsible for maintaining records as required by the federal Equal Opportunity Act.

4.4.1.3 Vacancies

It is understood and agreed that from time to time a vacancy may occur in staff positions required by the staffing pattern.


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For purposes of this Contract, a vacant position is defined to occur when the employee assigned to that position has resigned, been terminated, or is reassigned to another position. A vacant position also includes a staff position that is filled with a person who does not possess the training, licensure or credentials required to perform the function. A vacancy does not occur when an employee is temporarily absent due to vacation, sick leave, or other temporary leave condition such as training. A vacancy also does not occur when a non‐inmate‐contact position is filled with a person on FDLE temporary employment authorization. In the case of a vacancy, Contractor may arrange for the services to be provided by another appropriately qualified employee, subject to the overtime restrictions in Section 4.4.8.4, so long as the service is actually provided on the shift or during the hours.

4.4.1.4 Contractor agrees to exercise due diligence to attempt to fill any vacant security or non‐security positions within thirty‐five (35) days after the date upon which the position becomes vacant. If Contractor anticipates a problem in filling a vacant position within the thirty‐five (35) day allowance, Contractor must request a waiver from the Department, to be reviewed on a case‐by‐case basis to fill a position with contracted staff. The request shall be submitted to the Contract Manager and the Department’s On‐Site Contract Monitor. The Department shall respond to any such request within three (3) working days. Positions not filled with permanent employees or contracted staff will incur vacancy deductions until the position is filled. A list of vacant positions along with position control documentation must be provided to the Department’s On‐Site Contract Monitor to be included on the monthly vacancy report submitted to the Department. Where contracted staff is utilized, Contractor must submit the invoice relative to payment for such contracted staff, reflecting dates of service and costs, to the Department’s On‐Site Contract Monitor along with the position control documentation. Contractor shall also submit documentation of any use of overtime to fill vacant positions after the specified times. The Department shall adjust the Management Payment under Section 4.6.1 accordingly. This adjustment shall not be considered or construed as a penalty or a form of damages, but as a withholding of payment for a service not provided.

4.4.1.5 As long as Contractor has exercised and continues to exercise due diligence to fill a position, the fact that the position remains vacant shall not constitute an Event of Default; but if Contractor has less than the required number of employees for more than the specified time, deductions for vacancies will be made from the monthly per diem paid by the Department using the 365‐


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day method inclusive of benefits, until such time as the position is filled permanently or with contracted staff.

4.4.1.6 These deductions will be based on the minimum salary level of the staff member’s position, to be provided by the Contractor. The Contractor shall also includes all positions, corresponding job codes, minimum and maximum salary levels, level of education, and whether certification is required for the position.

4.4.1.7 The time taken by the Department to approve personnel to work under the Contract will not be included in deductions from the vacancy allowances. Currently, the turnaround time for receiving reports from FDLE is less than two (2) days. The Department’s turnaround time depends on several factors. If the reports contain no criminal history information, Contractor will be notified the same day the report is read. However, if there is criminal history, Contractor will be contacted the same day with a request for additional information. Time taken by the Contractor to obtain additional information in response to an FDLE report containing negative information will be included in deductions from the vacancy allowances. Contractor shall contact the applicant and request that this information be sent to Contractor. Contractor, in turn, will email the requested documentation to the Department. Within one (1) to two (2) business days of receiving the documentation from Contractor, the Committee meets to decide employment eligibility and make a recommendation to the Contract Manager. Contractor will be notified the same day the Department makes its final determination by the Contract Manager.

4.4.2 Staff Health Requirements

Contractor shall have all staff tested annually for Tuberculosis, and inoculated for Hepatitis B per the Department’s Blood Borne Pathogens Manual and applicable ACA Standards.

4.4.2.1 Minimum Required Staffing Positions

As provided by ACA.

4.4.2.2 Staffing Qualifications

All required personnel documentation including certifications shall be maintained at the Correctional Institution. This documentation shall be made available to the On‐Site Contract Monitor upon request.

4.4.3 Staff Conduct

Contractor shall ensure that all staff adheres to the following requirements for conduct:

4.4.3.1 Contractor or staff shall not display favoritism to or preferential treatment of, one inmate or group of inmates over another.


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4.4.3.2 Contractor or staff shall not display any favoritism or preferential treatment to family, friends of employees or inmate family members.

4.4.3.3 Contractor or staff shall not enter into any business relationship with inmates or their families (example – selling, buying or trading personal property), or personally employ them in any capacity.

4.4.3.4 Unless approved in writing by the Contract Manager, Contractor or staff shall have no outside contact (other than incidental contact) with an inmate residing or formerly residing at the Correctional Institution or their family or close associates, except for those activities which are approved as part of the Contract and part of the employee’s job description. Any violation of this clause may be terms for dismissal.

4.4.3.5 Contractor or staff shall not engage in any conduct which is criminal in nature or which would bring discredit upon Contractor or the Department. In providing services pursuant to this Contract, Contractor shall ensure that their employees avoid both misconduct and the appearance of misconduct. If an employee is arrested, Contractor will notify the On‐Site Contract Monitor immediately. The employee will be responsible for providing the probable cause affidavit of the arrest to the Human Resource Personnel who will forward it to the On‐Site Contract Monitor who will forward it to the Department. The Personnel Review Committee will meet within three (3) days to determine whether employee may continue reporting for duty at the Correctional Institution. During this time, the employee may not perform work under this Contract; provided, however, that employees with a misdemeanor arrest not involving violence may be permitted to work under the Contract pending the Personnel Review Committee decision. The Department will make the final determination of whether employee will be permitted to continue to work under the Contract.

4.4.3.6 Any violation or attempted violation of the restrictions referred to in this Section regarding employee conduct shall be reported by phone and in writing to the Contract Manager and the Warden, including proposed corrective action to be taken by Contractor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject Contractor to appropriate action, up to and including termination of this Contract.

4.4.3.7 Contractor shall report any violations detailed above and any other incident requiring investigation by Contractor in writing to the Contract Manager within 24 hours of Contractor’s knowledge of the incident.


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4.4.3.8 Contractor shall provide their employees with a copy of these standards of employee conduct and document receipt of such notification in the employee’s personnel file.

4.4.4 Criminal History Check

In accordance with Section 110.1127, Florida Statutes “Each employing agency shall designate those employee positions that, because of the special trust or responsibility or sensitive location of those positions, require that persons occupying those positions be subject to a security background check, including fingerprinting, as a condition of employment.” The operation of a Correctional Institution and satellite facilities is a highly important and highly sensitive function of state government. The integrity, safety, and security of a Correctional Institution and satellite facilities are dependent upon the integrity, responsibility, and reliability of its staff. Therefore, the Department requires all individuals seeking employment at private correctional facilities to submit electronic fingerprints via Live Scan to FDLE for a background investigation to be conducted to determine eligibility for employment. The electronic fingerprinting can be done by the Contractor through coordination with FDLE or a third party vendor as long as the results are sent (via ORI) to the Contract Manager for review. This will include all subcontractors working near inmates or on the compound in any capacity. Fees associated with the background checks will be Contractor’s responsibility. Currently, the turnaround time for receiving reports from FDLE is less than two days. Department turnaround time depends on several factors. If the reports contain no history of criminal activity/arrests, the Contractor is notified the same day the report is reviewed. However, if there is a history of criminal activity/arrests, the Correctional Institution and satellite facilities is contacted the same day with a request for additional information. The Contractor shall contact the applicant and request that this information be sent to the Correctional Institution and satellite facilities. The Contractor, in turn, can fax, scan or email the requested documentation to the Department Contract Manager. Within one (1) to two (2) business days of receiving the documentation from the Correctional Institution and satellite facilities, the Committee meets to decide employment eligibility and make a recommendation to the Contract Manager. Contractor will be notified the same day the Department makes its final determination by the Contract Manager.

4.4.4.1 As part of the pre‐employment criminal history check, Contractor shall subject its officers, employees or agents, and any subcontractor or subcontracted staff performing operational and/or management services at the Correctional Institution, at Contractor’s expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) criminal history check. Random criminal history checks may be conducted at any time during the Contract period. In order to carry out this criminal history check, Contractor shall submit to the Department, prior to commencing services and upon


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request, the following data for any individual Contractor or subcontractor’s staff assigned to the Contract: Full Name, Race, Sex, Date of Birth, Social Security Number, Driver’s License Number and State of Issue. The Department has full discretion to require Contractor to disqualify, prevent, or remove any staff from any work under the Contract. The Department shall not disclose any information relating to the records check findings or the criteria for disqualification or removal. All name changes will be sent to the On‐Site Contract Monitor as well as the Department and noted on the Position Control Logs monthly.

4.4.4.2 Contractor shall screen all potential employees through referral, employment and background checks prior to the individual providing services, care, custody, control or supervision to inmates as directed by this Contract. This screening shall include but not be limited to employment history, academic/vocational achievement, references, organizational affiliations and any certifications or licensures. Contractor will not hire an employee who has close friends or family members under the care, custody or control of the Department of Corrections at the Correctional Institution without permission, in writing, by the Contract Manager.

4.4.4.3 Contractor shall require that all current, potential employees, and subcontractors provide the details of any and all criminal activity, including official court information, involving felonies or first degree misdemeanor charges to the Department. The employee must provide all court disposition documentation, signed by a judge or state’s attorney, showing that all court obligations have been satisfied to the Department for employment eligibility determination. Contractor will not employ any person who has not been approved by the Department for employment. Contractor shall not assign or employ personnel to provide any services pursuant to this Contract who was convicted of a felony or first degree misdemeanor unless approved in writing by the Department.

4.4.4.4 Contractor shall ensure that the Department is provided the information needed to conduct the NCIC/FCIC criminal history check prior to any new Contractor or subcontractor staff being hired or assigned to work under the Contract. Contractor shall not offer employment to any individual or assign any individual to work in accordance with the Contract, who has not had an NCIC/FCIC criminal history check conducted and employment approved by the Department.

4.4.4.5 Contractor shall not hire any individual to provide services as described in this Contract who has been barred from the Department or other criminal justice Correctional Institution. Contractor shall immediately report to the Department any new arrest, criminal charges or convictions of any current officer,


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agent or employee performing services under the Contract and will prohibit that staff from working until cleared by the Department.

4.4.5 Employment Eligibility Verification

Contractor agrees that it will enroll and participate in the Employment Eligibility Verification Program (“E‐Verify Program”) administered by the U.S. Department of Homeland Security (“DHS”), under the terms provided in the “Memorandum of Understanding” with DHS governing the program. Contractor further agrees to provide to the Department within thirty days of the effective date of this Agreement, documentation of such enrollment in the form of a copy of the “Edit Company Profile” page in E‐Verify, which contains proof of enrollment in the E‐Verify Program. (This page can be accessed from the “Edit Company Profile” link on the left navigation menu of the E‐Verify employer’s homepage.)

Contractor further agrees that it will require each subcontractor that performs work under this Agreement to enroll and participate in the E‐Verify Program within ninety days of the effective date of this Agreement or within ninety days of the effective date of the Contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the E‐Verify Program and make such record(s) available to the Department and other authorized state officials upon request.

Contractor further agrees to maintain records of its participation and compliance with the provisions of the E‐Verify Program, including participation by its subcontractors as provided above, and to make such records available to the Department and other authorized state officials.

Compliance with the terms of this Employment Eligibility Verification provision (including compliance with the terms of the “Memorandum of Understanding” with DHS) is hereby made an express condition of this Agreement.

4.4.6 Independent Contractor

With respect to the performance of the services set out herein, Contractor is and shall continue to be an independent contractor and, subject to the terms of this Contract, shall have the sole right to manage, control, operate, and direct the performance of the details of its duties under this Contract. Contractor’s agents and employees shall not accrue from the State or the Department, any leave, retirement, insurance, bonding or any other benefit afforded to the employees of the State or the Department, as a result of this Contract. Contractor, its agents, and employees shall not be considered agents or employees of the State or the Department.


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4.4.7 Subcontractors

4.4.7.1 Contractor may subcontract for the performance of any of its responsibilities to provide services pursuant to this Contract, provided the Department reviews all procedural, and operational and fixed capital outlay project plans and provides written approval, which approval may not be unreasonably withheld. Contractor shall competitively procure all subcontracts with the intention to maximize competition and ensure the greatest savings possible for the state unless exempted by the Contract Manager based on a reasonable business case which may include the existence of a national vendor contract or an emergency. All subcontractors must be registered and authorized to conduct business in the state of Florida. Contractor shall furnish to the Department’s On‐Site Contract Monitor copies of all subcontracts, without regard to amount of annual payments. Any arrangement by Contractor with an affiliate or member company to provide services to the Correctional Institution shall be subject to the subcontractor provisions of this Section. No contractual relationship shall exist between the Department and any subcontractor and the Department shall accept no responsibility whatsoever for the conduct, actions, or omissions of any subcontractor selected by Contractor. Contractor shall be responsible for the management of the subcontractor in the performance of their work. A subcontractor may not work directly with the Department in any manner and shall not be included in Contract negotiations, renewals, audits or any other discussions except at the request of the Department.

4.4.7.2 The Department encourages minority and women‐owned business (MWBE) and service‐disabled veteran business enterprise (SDVBE) participation in all its Contracts. Contractor agrees to (i) reasonably consider such business enterprises the awarding of subcontracts, (ii) comply with all controlling laws and regulations respecting the participation of such business enterprises in the provision of the contracted services, and (iii) reasonably cooperate in any studies or surveys as may be conducted by the State to determine the extent of the Contractors compliance with this Section.

4.4.8 Personnel

4.4.8.1 Contractor shall at all times provide sufficient trained staff to provide for and maintain the security, control, custody, and supervision of inmates of the Correctional Institution in compliance with applicable court orders, the ACA Standards, and this Contract. Contractor will provide an organization chart to include all positions within the Correctional Institution, indicating which positions are certified, critical complement and


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mission critical. The Secretary of the Department reserves the right to review and approve all key management positions assigned to the Contract, including but not limited to Wardens and Assistant Wardens.

4.4.8.2 Contractor may provide the Department with an amended staffing pattern no less than six (6) months after the Service Commencement Date. Positions shall be staffed with qualified employees in accordance with the staffing pattern attached hereto in Appendix 1, and approved by the Contract Manager prior to the Service Commencement Date. Any modifications to the position requirements or the staffing pattern must be approved in writing by the Contract Manager. All name changes will be sent to the On‐Site Contract Monitor and noted on the Position Control Logs monthly. Appendix 1, to be provided by the Contractor includes all positions, job codes and the minimum and maximum salary for each position. This document will be used for imposing the vacancy deductions and must be updated regularly; however, all changes must be agreed to by the Bureau Chief in writing.

4.4.8.3 Sufficient certified security staff shall be employed at all times to assure that all Correctional Institutions that provide a safe and efficient manner. Positions identified on the approved staffing pattern, are manned for each shift, unless a departure from the staffing pattern has been approved in writing by the Contract Manager. Critical positions shall not be filled with Temporary Employment Authorizations (TEAs). Contractor shall be required to fill critical complement positions by using overtime or other qualified staff members to ensure that the staffing levels do not decrease below the established critical complement. The approved staffing pattern is herein incorporated by reference. Contractor will provide a finalized chart for each shift indicating critical complement and positions required to be filled. Contractor shall provide a bi‐weekly report to the On‐Site Contract Monitor of the number of hours each certified officer and TEA worked during the pay period. This report will also indicate which officers are considered part‐time.

4.4.8.4 Part‐time correctional officers may be used as long as they are fully trained and licensed. The use of part‐time correctional officers will be limited to a maximum of 32 hours per officer per week, and a total not to exceed 15% of the security shift for the Correctional Institution. The use of part‐time staff in management positions is forbidden. Full‐time correctional officers shall each be limited to no more than 32 hours of overtime in any two‐week period. The Department reserves the right to authorize exceptions to this Section.


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4.4.8.5 Contractor shall conduct monthly random drug testing to include anabolic steroid and drug testing of 5% of all staff, subject to Florida Administrative Code and Florida Statutes. Contractor shall provide the plan for conducting these tests to the On‐Site Contract Monitor prior to the Service Commencement Date. Monthly reports must be submitted to the On‐Site Contract Monitor. Each report will indicate which officers were tested, date tested, the result, and how the random 5% sample was selected.

4.4.8.6 The employment of unauthorized aliens by Contractor or any subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor or subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract.

4.4.9 Training

Contractor will provide training programs in compliance with the ACA Standards, Chapter 943 and Chapter 944 Florida Statutes, the Florida Department of Law Enforcement, Division of Training, and Chapter 33, Florida Administrative Code. Contractor will provide a monthly report detailing training provided to personnel. The training curriculum must be approved by the Department. The report will include, but not be limited to, course title, the number of training hours, the employee’s name and position, whether training is required, and the instructor’s name and contact information.

4.4.10 On‐Site Contract Monitor

The On‐Site Contract Monitor or the Department designee will be the official liaison between the Department and Contractor. All official communications shall take place between the On‐Site Contract Monitor and Contractor, unless the Department directs otherwise. All other communication between the Department’s employees and Contractor shall be managed according to policies adopted by both parties. Contractor shall make work space available at the Correctional Institution to the On‐Site Contract Monitor, which must be approved by the Contract Manager.

4.5 Fiscal Operations 4.5.1 Maintenance and Operation of Funds

Contractor shall maintain operating its books and records in accordance with generally accepted accounting principles (GAAP) determined by the Governmental Accounting Standards Board, in reasonable detail to include, but not be limited to, groups of accounts for Correctional Institution operations, health services, substance abuse programs, educational services, food services, security services, maintenance and administration


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4.5.2 Operation of Inmate Trust Fund

The Department shall maintain control of the Inmate Trust Fund. The Department in accordance with Florida Statute 944.516, and F.A.C. rule 33‐203.201, will assure that Inmate Trust funds are separate and apart from other funds. The Department will maintain the accounting of Inmate Trust Funds as provided by Florida Statute, Federal Statute, F.A.C rules and procedures.

4.5.3 Subsistence at Work Release Centers

Inmates housed at a Work Release Center and working at paid employment in accordance with Florida Statute 945.091 and F.A.C. rule 33‐601.602 shall be required to pay 55% subsistence and 10% restitution of the inmate’s net earnings to the Department. In addition no less than 10% of the net income will be placed in savings for disbursement upon their release. The Department will provide access to the Inmate Trust Fund system to allow the Work Release Center staff to input the deposits of inmate’s paychecks and inquiry only access to other transaction screens and reports as deemed necessary.

4.5.4 Financial Reporting

The Contractor’s audited annual financial statement, prepared in accordance with GAAP shall be filed not later than the 120th day following the end of each of the Contractor’s fiscal years.

4.5.5 Performance Measures

The Department desires to contract with a Contractor who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under this Contract. Therefore, the Department has developed the following Performance Measures which shall be used to measure Contractor’s performance and delivery of services. The Contractor shall ensure that the stated performance outcome and standard (level of achievement) is met.

Note: The Contractor shall comply with all Contract terms and conditions and the Department may monitor this compliance upon implementation of services to ensure that Contract requirements are being met.

Pursuant to Section 4.6.6, financial consequences may be assessed for those instances where the Contractor is non‐compliant with the following performance measures:

4.5.5.1 Performance Outcome and Standards


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Listed below are the key Performance Outcomes and Standards deemed most crucial to the success of the overall desired service delivery. Other outcomes and standards may be considered. The Contractor shall ensure that the stated performance outcomes and standards (level of achievement) are met. Performance shall be measured, beginning the second month after which service has been fully implemented.

By execution of any Contract that is a result of this RFP, the Contractor hereby acknowledges and agrees that its performance under the Contract shall meet the standards set forth above.

1. OUTCOME: There shall be no batteries committed by inmates.

MEASURE: The number of batteries in which an injury was sustained committed by inmates per 1,000 inmates at the institution.

STANDARD: The rate shall be at or below the rate computed for comparable DC facilities.

2. OUTCOME: Inmates will not incur serious disciplinary

reports.

MEASURE: The number of inmates receiving major disciplinary reports per 1,000 inmates at the institution.

STANDARD: The rate shall be at or below the rate computed for comparable DC facilities.

3. OUTCOME: Inmates will not have access to illegal

substances.

MEASURE: The percentage of random inmate drug tests that are negative at the institution.

STANDARD: The rate shall be at or above the rate computed for comparable DC facilities.

4. OUTCOME: All criminal incidents will be investigated by

the proper authorities.

MEASURE: The number and percentage of reported criminal incidents that are investigate by the proper authorities. STANDARD: The percentage of incidents that are investigated by the proper authorities shall be at or


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above the percentage computed for comparable DC facilities.

5. OUTCOME: No inmates will escape from a secure

perimeter.

MEASURE: The number of escapes from the secure perimeter of major institutions. STANDARD: Achievement of outcome shall be Zero escapes.

6. OUTCOME: Inmates will receive necessary transition

planning as they are released from prison.

MEASURE: Number and percentage of released inmates that have completed transition plans at time of release.

STANDARD: The computed percentage shall be at or above the percentage computed for comparable DC facilities.

7. OUTCOME: Inmates will receive necessary release

planning as they are released from prison.

MEASURE: The number and percentage of released inmates that have completed release plans at time of release.


8. OUTCOME: Inmates that need substance abuse

treatment will receive programming.

MEASURE: Number and percentage of inmates needing programs who successfully complete drug abuse education or treatment programs.


9. OUTCOME: Inmates should have sufficient education to maximize their chance of successful reentry to society.


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MEASURE: Percentage of inmates completing mandatory literacy programs who score at or above 6th grade level on next Tests of Adult Basic Education. STANDARD: The computed percentage shall be at or above the percentage computed for comparable DC facilities.

10. OUTCOME: Inmates should have sufficient education to

maximize their chance of successful reentry to society.

MEASURE: Number and percentage of inmates who successfully complete mandatory literacy programs;




MEASURE: Number and percentage of inmates who successfully complete GED education programs. STANDARD: The computed percentage shall be at or above the percentage computed for comparable DC facilities.



MEASURE: Number and percentage of inmates needing special education programs who participate in special education (federal law) programs. STANDARD: Achievement of outcome must meet or exceed eighty‐five percent on an annual basis.

13. OUTCOME: Inmates should have sufficient vocational

training to maximize their chance of successful reentry to society.

MEASURE: Number and percentage of inmates who successfully complete vocational education programs.

STANDARD: Achievement of outcome must meet or exceed eighty‐five percent on an annual basis.


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14. OUTCOME: Educational programs are effective in raising participants' tested grade level.

MEASURE: Average increase in grade level achieved by inmates participating in educational programs per 3‐month instructional period.

STANDARD: Achievement of outcome must meet or exceed eighty‐five percent on an annual basis.

15. OUTCOME: Transition programs will be effective in

reducing recommitment to community supervision or prison.

MEASURE: Percentage of inmates who successfully complete transition, rehabilitation, or support programs without subsequent recommitment to community supervision or prison for 24 months after release. STANDARD: The computed percentage shall be at or above the percentage computed for comparable DC facilities.

16. OUTCOME: All Inmates at work release centers are

employed in the community.

MEASURE: Compare the percent of employed inmates to the number of supervised inmates STANDARD: The computed percentage shall be at or above the percentage computed for comparable DC facilities.

17. OUTCOME: Inmates at work release centers do not use illegal substances.

MEASURE: percentage of drug tests at work release centers that are negative to the number of inmates. STANDARD: The computed percentage shall be at or above the percentage computed for DC work release facilities.

18. OUTCOME: All Inmates at work release centers shall

pay restitution as ordered by the court.

MEASURE: Compare the number of inmates required to pay restitution to the number of inmates making payment as scheduled


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STANDARD: The computed percentage shall be at or above the percentage computed for DC work release facilities.

19. OUTCOME: Inmates at work release centers will

comply with no contact orders from the court.

MEASURE: Compare number of incidents of non‐compliance with no contact orders by supervised individuals. STANDARD: Achievement of this outcome must be one hundred percent (100%).

20. OUTCOME: Work release centers will be free of serious

incidents.

MEASURE: Compare the total number of inmates to the number of inmates involved in a serious incident. STANDARD: The computed percentage shall be at or below the percentage computed for DC work release facilities.

21. OUTCOME: Inmates at work release centers will not

pose a risk to the community by absconding from the center.

MEASURE: Compare the total number of inmates at the work release center to the number of inmates that absconded from the program. STANDARD: The computed rate shall be at or below the rate computed for DC work release facilities.

22. OUTCOME: All offenders will successfully complete Core Program requirements and receive services as determined by Florida’s implementation of the Transition from Prison to the Community Model. MEASURE: Percentage of inmates that meet the standards of a successful release. STANDARD: Contractor must meet or exceed a minimum outcome of eighty‐five percent (85%) successful Core Program completions for offenders released from the facility. Contractor shall ensure that progress reports based on the Re‐Entry Release Criteria


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are provided to the Bureau of Re‐Entry Programs and Education on a monthly basis.

23. OUTCOME: Each institution is 100% compliant with the standards for religious programs as indicated in the current edition of the American Accreditation Association publication “Manual of Standards for Adult Correctional Institutions.” These standards from the Accreditation Standards Major Institutions 4th Edition include but are not limited to:

4‐4050, 4‐4052, 4‐4085, 4‐4273, 4‐4287, 4‐4277, 4‐4319, 4‐4429, 4‐4512‐4517 and 4‐4519‐4521

MEASURE: Each institution will supply a monthly calendar of religious services and activities to the Chaplaincy Services Administrator for review. The calendar will indicate the type of religious activity, the date and time of the activity and whether there are volunteers involved in the provision of services. STANDARD: Religious activities must include:

1. Worship opportunities 2. Religious education classes 3. Holy day observance 4. Open chapel time

The variety of religions served will be subject to the religions represented among the inmate population at the institution.

24. OUTCOME: All youthful offenders housed in youthful offender facilities will participate in extended day programs as statutorily mandated. MEASURE: Schedule development and adherence to the Extended Day Program in youthful offender facilities. STANDARD: Contractor shall adhere to the Youthful Offenders and the Extended Day Program Technical Manual. Chapter 958, Florida Statutes requires that enhanced program services be provided to youthful offender inmates. This program provides a minimum of 12 hours per day for work, academic and vocational education, counseling, personal development, and self‐betterment programs in a timeframe of 16 hours, six (6) days per week beginning at 5:00 a.m. and ending at 9:00 p.m. Sundays are used for religious services,


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visitation, parental support days, and independent inmate activities. Each youthful offender facility shall supply a monthly schedule of programs to the Bureau of Re‐Entry Programs and Education for review. Performance shall be measured annually and/or on an as needed basis.

25. OUTCOME: Inmate marriage requests will be processed in accordance with 33‐503.002 FAC and Procedure 503.002. MEASURE: Each institution will submit the completed inmate marriage requests forms (DC5‐317, DC5‐318, DC5‐319, and DC5‐320) to the Chaplaincy Services Administrator for appropriate handling. STANDARD: Contractor shall provide 100% of records of all inmate marriage request documents available for inspection on demand.

26. OUTCOME: All inmates admitted to an intensive outpatient substance abuse program shall be successfully discharged. MEASURE: Compare each inmate’s admission date, discharge date and discharge reason with the number of inmates discharged from the program (does not include administrative discharges). STANDARD: The Contractor must meet or exceed a minimum outcome of eighty‐five percent (85%) of successful discharges for offenders admitted to the program. Performance shall be measured on an annual basis.

27. OUTCOME: All inmates admitted to a substance abuse transitional re‐entry facility shall be successfully discharged. MEASURE: Compare each inmate’s admission date, discharge date and discharge reason with the number of inmates discharged from the program (does not include administrative discharges). STANDARD: The Contractor must meet or exceed a minimum outcome of eighty percent (80%) of successful discharges for offenders admitted to the program. Performance shall be measured on an annual basis.


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28. OUTCOME: All inmates admitted to a residential

therapeutic community substance abuse program shall be successfully discharged. MEASURE: Compare each inmate’s admission date, discharge date and discharge reason with the number of inmates discharged from the program (does not include administrative discharges). STANDARD: The Contractor must meet or exceed a minimum outcome of eighty percent (80%) of successful discharges for offenders admitted to the program. Performance shall be measured on an annual basis.

29. OUTCOME: The Contractor shall maintain the appropriate level of licensure for all substance abuse programs in accordance with Chapter 397, Florida Statutes and Chapter 65D‐30 F.A.C. MEASURE: Receive and compare written report from the Department of Children and Families and a copy of the Contractor’s license(s) to ensure appropriate licensure for services provided. STANDARD: The Contractor must maintain its licenses in good standing at the appropriate level established by the Department of Children and Families for their substance abuse treatment program(s) at 100% of the time.

30. OUTCOME: The Contractor shall provide all substance abuse program slots on a weekly basis. MEASURE: On a weekly basis, compare the number of inmates enrolled in Substance Abuse Program to the number of substance abuse treatment slots the program must offer. STANDARD: The Contractor must maintain at least ninety‐seven percent (97%) of their program slots filled on a quarterly basis.

31. OUTCOME: All teachers and vocational instructors are licensed appropriately to maintain Department of Education standards. MEASURE: Percent of teachers and vocational instructors with either a Florida Department of


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Education or Florida Department of Corrections certificate. STANDARD: All teachers and vocational instructors shall possess either a Florida Department of Education or Florida Department of Corrections certificate to remain in compliance. Performance shall be measured annually and/or on an as needed basis.

32. OUTCOME: Maintain the appropriate teacher/instructor and inmate ratios, currently set at eighteen (18) students to one (1) teacher. MEASURE: Compare the number of students enrolled in academic and vocational classes per teacher, each day. The ratio will not exceed 18 full‐time enrollees per teacher, per day. Performance shall be measured via the daily attendance report that is submitted to the Bureau of Re‐Entry programs and Education on a monthly basis. STANDARD: The ratio of 18 students to one teacher is maintained 85% of the time.

33. OUTCOME: All Special Education inmates who are recommended for academic and/or vocational education services and request it are enrolled. MEASURE: The total number of inmates that qualify for Special Education will be compared to the number of inmates that start or complete Special Education coursework, inmates who refuse services, and inmates that receive no services. Performance shall be measured quarterly and/or on an as needed basis. STANDARD: The contractor must reach an outcome of 100% enrollment for Special Education inmates who are recommended for academic and/or vocational education and request it.

34. OUTCOME: With the exception of special education verified students, all inmates with an expected release date of three years are enrolled in an education or career/technical education program. MEASURE: Compare inmates with the expected release date within 3 years that have received academic or career/technical education programs with all inmates with an expected release date within three (3) years.


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STANDARD: The Contractor must meet or exceed a minimum outcome of ninety percent (90%) enrollment for inmates in academic or career/technical education programs that are within three (3) years of release. Performance shall be measured annually and/or on an as needed basis.

35. OUTCOME: With the exception of special education verified students, all students enrolled in academic education will show an average grade level increase of 0.5 or greater as evidenced by results given by administering the of Test of Adult Basic Education (TABE). MEASURE: The number of all inmates taking the TABE achieving a 0.5 grade level increase within 30 days of enrollment compared to all inmates taking the TABE. STANDARD: Contractor shall show educational gains of 0.5 or greater for 85%, of the inmates placed in academic classes within 30 days.

36. OUTCOME: Within a period of 180 calendar days, all inmates enrolled in GED‐level courses within that period will secure a GED. MEASURE: Compare the number of inmates receiving their GED within a 180 calendar days to the number of inmates enrolled in GED level courses during the same period. STANDARD: At least seventy five percent (75%) of inmates enrolled shall secure GED‐level classes shall secure GEDs within 180 calendar days.

37. OUTCOME: The Contractor’s IT system should be

available for use in a consistent manner.

MEASURE: Compare the amount of time the Contractor’s system is available for use outside schedule availability. STANDARD: On a monthly basis, the systems are available for use a minimum of 99.99% of the time.

38. OUTCOME: Most IT services should be repaired and/or restarted within one hour of detection.


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MEASURE: Compare the number of unplanned outages that take more than 60 minutes for the service to be available to the total number of unplanned outages.

STANDARD: In 98% of unplanned outages the service will be available in less than one hour after being reported as unavailable. This shall be measured on an annual basis.

39. OUTCOME: Unplanned outages will not repeat for the same reason within the same day.

MEASURE: Compare the number of repeated unplanned outages to all unplanned outages within the same day.

STANDARD: 99% of unplanned outages will be resolved in such a way that the root cause of the problem is determined, and a fix is in place to prevent it from happening again in the same day.

40. OUTCOME: Formal Grievances Upheld – One hundred percent (100%) of formal inmate grievances related to the provision of food services shall not be upheld at the appeal level.

MEASURE: The number of inmate grievances upheld on

appeal shall be divided by the number of inmate grievances appealed each month. This will be measured on a monthly basis for each facility.

STANDARD: Formal inmate grievances upheld at the appeal level shall not exceed twenty five percent (25%) of all grievances appealed.

41. OUTCOME: Master Menu Compliance ‐ One hundred percent (100%) of all meals served shall be in compliance with the master menu and recipes.

MEASURE: The total number of meals with substitutions in the month shall be divided by the total number of meals served for that monthly period. All substitutions must be documented on the menu “as served" and must be made from the approved list of substitutions contained in the Master Menu Manual. This shall be measured on a monthly basis at each kitchen.


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STANDARD: Ninety percent (90%) of meals served each month shall be served in compliance with the master menu and be substitution free.

42. OUTCOME: Food Supplies Inventory ‐ The Contractor shall maintain food inventory sufficient to prepare meals in accordance with the Master Menu for one hundred percent (100%) of all inmates (as determined by the midnight census) at each institutional site.

MEASURE: Audits of monthly food purchase invoices shall demonstrate sufficient quantities of food supplies are available at each institution. This will be measured on a monthly basis at each institution.

STANDARD: Ninety eight percent (98%) of the required food inventory shall be maintained.

43. OUTCOME: NCNP Compliant Meals ‐ All NCNP meals served at each NCNP institution, as applicable, shall be in compliance with NCNP rules and regulations.

MEASURE: Every NCNP meal shall be reviewed for compliance. This shall be measured on a monthly basis at each applicable institutional site.

STANDARD: One hundred percent (100%) of NCNP meals served each month shall be compliant.

44. Other Contract Requirements

OUTCOME: Maximum compliance with other contract requirements including, but not limited to:

• Terms and Conditions of the Contract not involving the services listed in Attachment 1;

• Accuracy, thoroughness, and timely submission of invoices, supporting documentation, and reports; and

• All Corrective Action Plans shall be timely submitted.

MEASURE: The Department will monitor the Contractor’s performance to ensure compliance with other contract requirements annually after services have been implemented except if earlier action is determined necessary by the Contract Manager.

STANDARD: The Contractor shall achieve one hundred percent (100%) compliance with all requirements after the timeframes allowed for corrective action on identified deficiencies.


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4.6 Compensation and Adjustments 4.6.1 Management Payment

4.6.1.1 For the initial term of the contract, the Department will compensate the Contractor at the fixed and variable Per Diem Rates (per inmate, per day) specified in Attachment 2. For each billing group, Contractor will be paid the fixed per diem rate times 88% of the contracted capacity (the Fixed Per Diem Charges,) plus the variable per diem rate times the population in excess of 88% of the contracted capacity, minus monthly deductions for:

4.6.1.1.1 The On‐Site Contract Monitor set forth in Section 4.2.5, in the monthly amount as stated in Section 4.2.5.1.4.

4.6.1.1.2 Any property taxes or payments in lieu of taxes (PILOT) that may become due on the Correctional Institution pursuant to judicial determination or legislative mandate.

4.6.1.1.3 Any fees collected from the medical co‐payment for each inmate‐initiated, non‐emergency visit to the health care provider as required by Section 945.6037, Florida Statutes.

4.6.1.2 If the parties renew the Contract pursuant to Section 2, Contract Term, the Per Diem Rates shall be as specified in Attachment 3.

4.6.2 Payment Guarantee

Regardless of the number of inmates incarcerated at the Correctional Institution, Contractor is guaranteed the Fixed Per Diem Charges. This guarantee may be subject to the following: adjustments to compensation as set forth in Section 4.6.1; deductions due to position vacancies as set forth in Section 4.4.1.3; deductions due to program vacancies as set forth in Section 4.4.15.10; deductions for reimbursement of the On‐Site Contract Monitor as set forth above; ad valorem taxes and/or PILOT payments that may be required to be paid by Contractor by judicial determination or legislative mandate, as set forth in Section 4.10.3; and any other deduction or charge permitted in this Contract.

4.6.3 Invoices

4.6.3.1 Contractor shall submit monthly invoices within ten (10) working days of the month end, in a format acceptable to the accounting department of the Department, to the attention of the Department’s Contract Manager. Invoices shall be submitted in detail sufficient for a proper pre‐audit and post‐audit thereof. The invoice will reflect the prison population for each day, midnight count, and the calculation of the payment


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amount in accordance with Section 4.6.1 minus adjustments allowed in the Contract. The Department will verify the daily inmate population count. If there is a discrepancy between Contractor’s and the Department’s counts, the Department’s count will be used in calculating the per diem payment. Invoices will be adjusted as specified in the Contract.

4.6.3.2 Contractor shall provide required documentation for the invoice to the On‐Site Contract Monitor each month when the invoice is submitted to the Department’s Contract Manager. The Department’s On‐Site Contract Monitor or his/her successor shall be responsible for enforcing performance of the Contract terms and conditions and he/she shall serve as liaison between Contractor and the Department and shall approve all invoices for payment pursuant to Chapter 215, Florida Statutes.

4.6.3.3 Submit to:

Bureau Chief Bureau of Finance and Accounting Florida Department of Corrections 501 South Calhoun Street Tallahassee, FL 32399‐2500

4.6.4 Interest Penalties

4.6.4.1 Payment shall be made in accordance with Sections 215.422 and 55.03, Florida Statutes, which state Contractor’s rights and the Department's responsibilities concerning interest penalties and time limits for payment of invoices. Contractor and subcontractors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and services, unless the bid specifications, purchase order or Contract specifies otherwise. An agency has twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.

4.6.4.2 If a payment is not available within forty (40) days, a separate interest penalty, established annually by the Chief Financial Officer pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to Contractor. The interest rate for calendar year 2011 is 0.0001644 percent per day (6.0% per annum). The interest penalty provision applies after a thirty‐five (35) day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless Contractor requests payment. Invoices which are returned to Contractor due to Contractor’s preparation errors will result in a delay in


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the payment. The applicable time period does not commence until a properly completed invoice is received by the Department.

4.6.4.3 A Contractor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the State Comptroller’s Toll Free Hotline.

4.6.5 Adjustments Due to Changes in Standards or Unforeseen Circumstances

4.6.5.1 The Department recognizes that Contractor has entered into this Contract based upon the ACA Standards, Department policies, procedures, rules, bulletins, technical instructions and laws in effect as of the Effective Date. If there are changes in these standards or Unforeseen Circumstances which change the scope of services to be furnished pursuant to this Contract and increase or decrease the cost of managing the Correctional Institution, Contractor will provide the Department written notice and documentation supporting an adjustment to compensation. The Department will review and not unreasonably deny the adjustment to compensation. The Department may adjust the total compensation paid Contractor so that Contractor may be paid compensation equal to the amount required to the change in Contractors cost of managing the Correctional Institution because of the change in scope of services, retroactive to the effective date of such cost changes. Since requests for appropriated funds are based on costs as provided in the Contract Documents, any adjustment to compensation to cover changes in the ACA Standards or Unforeseen Circumstances which changes the scope of services shall be subject to adequacy of appropriated funds, sufficient to cover the compensation change.

4.6.6 Financial Consequences If a Contractor has been issued a written deficiency notice but has not

complied with the corrective action plan requirements and the Department has determined that the non‐compliance does not warrant suspension or termination of the Contract, the Department shall assess the following financial consequences against the Contractor until the Contractor has complied with the corrective action plan requirements.

4.6.6.1 A financial consequence shall be assessed for each day the

Contractor has not complied with the corrective action plan requirements, per item, per occurrence.


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4.6.6.2 The financial consequences shall be determined as follows: Total Inmate Population of the Correctional Institution and satellite facilities on the due date x Per Diem Rate x 5.0% = Financial Consequence.

4.6.7 Appropriation Contingency

The State’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Florida Legislature, pursuant to Section 287.0582, Florida Statutes; the State is not obligated for any payments that exceed the amount of the current appropriation, pursuant to Florida Statutes.

4.7 Indemnification and Insurance

4.7.1 Indemnification

Contractor hereby assumes entire responsibility and liability for any and all damages or injury of any kind or nature, including death, to all persons, whether employees of Contractor or otherwise, and to all property caused by, resulting from, arising out of or occurring in connection with any action of Contractor (including its officers, directors, employees, subcontractors, or agents) in performance of the duties of this Contract. If any claims for such damage or injury, including death, be made or asserted, whether or not such claims are based upon Contractor’s (including its officers, directors, employees, subcontractors, or agents) active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part of the above parties, Contractor agrees to indemnify, defend and hold harmless, the State and the Department, its officers, agents, servants and employees from and against any and all such claims, and further from and against any and all loss, cost expense, liability, damage or injury, including legal fees and disbursements, that the State, its officers, agents, servants or employees may directly or indirectly sustain, suffer, or incur as a result, and Contractor agrees to and does hereby assume, on behalf of the State, its officers, agents, servants and employees, the defense of any action at law or in equity which may be brought against the State, its contractors (if any), its officers, agents, servants or employees, arising by reason of such claims and to pay on behalf of the State, its officers, agents, servants and employees, upon demand of either of them, the amount of any judgment that may be entered against them, individually, jointly or severally, its officers, agents, servants or employees in any such action.

As part of Contractor’s assumption of all responsibility and liability for any and all damage or injury as detailed above, Contractor further agrees to hold harmless, defend and indemnify the State for any loss, expense, recovery or settlement, including counsel fees and costs of defense, which arise from any demand, claim (whether frivolous or not) or suit which may be asserted or brought against the State or Contractor as a result of any injury or damage to any person or persons (including death) or property (i)


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allegedly caused by, resulting from, arising out of, or occurring in connection with the furnishing of any goods, equipment or services or the performance or preparation for performance of any of the work or any duties of Contractor hereunder, or incidental or pertaining thereto, and (ii) whether or not such injury or damage is due to or chargeable to the Contractor or subcontractor under a Contract for which the goods or services herein ordered are required, including, but not limited to, any claim based on liability without fault for injury caused by defective goods supplied by Contractor. Contractor also agrees to assume responsibility for, hold harmless, defend and/or indemnify the State for payment of any expenses, costs (including delay costs), direct and consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and costs of defense, which may be imposed or incurred (a) under any Federal, State, or local law, ordinance or regulation upon or with respect to any compensation of any person employed by Contractor, and (b) under any Federal, State, or local law, ordinance or regulation upon or with respect to discrimination in employment against any individual employed by Contractor on the basis of race, color, religion, sex, or national origin, and (c) under any Federal, State, or local law, ordinance or regulation upon or with respect to any compensation of any person for claims or civil actions alleging deprivation of right, privilege or immunity secured by the United States Constitution and laws pursuant to 42 USC Section 1983 or similar statutes as well as claims for attorneys fees brought pursuant to 42 USC Section 1988 or similar statutes.

4.7.2 Legal Proceedings

Contractor shall not be responsible for defending any post‐conviction action, including appeals and writs of habeas corpus by any inmate challenging the underlying judgment of conviction or the administration of the sentence imposed.

4.7.3 Insurance

4.7.3.1 Contractor is responsible for obtaining and maintaining adequate insurance coverage as required herein. Contractor shall obtain and provide proof of general liability insurance coverage (broad form coverage) which shall specifically include fire, and legal liability in an amount not less than two million dollars ($2,000,000) for each occurrence within a yearly aggregate of at least ten million dollars ($10,000,000), and civil rights claims in an amount not less than two million dollars ($2,000,000) for each occurrence within a yearly aggregate of at least five million dollars ($5,000,000). The State of Florida and its respective agencies shall be included as additional insureds under the policy of general liability insurance coverage issued to Contractor. Coverage for civil rights liability may be issued under a separate policy but shall also include the State and its agencies as additional insureds. Vehicle liability coverage for all vehicles used by Contractor shall be provided in an amount of


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not less than two million dollars ($2,000,000) per occurrence. Coverage shall also specifically be provided to protect against employee dishonesty in an amount of not less than fifty thousand dollars ($50,000).

4.7.3.2 Contractor shall obtain and provide proof of workers' compensation insurance coverage (including employer liability) in the amount and manner required by Florida law for all employees of Contractor.

4.7.3.3 Contractor shall obtain and/or provide proof of professional liability insurance coverage, including medical malpractice liability and errors and omissions coverage, to cover all professional services to be provided by Contractor to the State under this Contract. The amount of coverage obtained shall be two million dollars ($2,000,000) per occurrence with a five million dollar ($5,000,000) yearly aggregate. If occurrence coverage is not available, claims‐made coverage with three (3) year tail coverage shall be provided for the same amounts and aggregate as detailed above.

4.7.3.4 Contractor shall obtain and provide proof of an Umbrella Liability Policy for limits in excess of the primary liability policy. Such policy shall be a following form policy in the amount of ten million dollars ($10,000,000) per occurrence and thirty‐five million dollars ($35,000,000) yearly aggregate limit. Layer coverage may satisfy those totals.

4.7.3.5 Contractor shall obtain and provide proof of contractual liability insurance coverage to cover all liability assumed by Contractor under this Contract and for which Contractor may be liable to the State under the indemnification provisions of this Contract (intermediate form coverage). Such coverage may be provided by separate coverage or as an additional endorsement to a general liability policy, but shall be in the same amounts and limits of coverage as that required for general liability coverage.

4.7.3.6 Where required by facility Lease Purchase Agreements, Contractor shall obtain and provide proof of:

4.7.3.6.1 Boiler and machinery coverage ("comprehensive" coverage) in the amounts of one million dollars ($1,000,000) per occurrence to cover all loss arising from the operation of boilers and machinery including loss to other property and losses due to business interruption.

4.7.3.6.2 Premises liability insurance (which should be included in any general liability coverage), and property coverage (fire and extended coverage) for the full value of the buildings, structures or other facilities operated by Contractor and its subcontractors and all movable contents which value can never be less than the then remaining balance owed under the facility’s Lease Purchase Agreement. The State and its


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respective agencies shall be included as additional insureds under this policy.

4.7.3.6.3 Environmental impairment liability coverage for liability resulting from sudden, accidental or gradual pollution arising from operations conducted by the insured, covering damage for bodily injury and property damage in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) yearly aggregate limit. The State and its respective agencies shall be included as additional insureds under this policy.

4.7.3.7 Contractor shall obtain and provide proof of automobile liability coverage for owned, hired and non‐owned vehicles, and equipment. The policy shall have combined single limits, per occurrence, for bodily injury and property damage of not less than one million dollars ($1,000,000).

4.7.3.8 Contractor shall require each of its subcontractors to secure and maintain during the term of this Contract (or for such lesser amount of time if the subcontractor is involved less than the full term of this Contract), the insurance coverage set forth in subparagraphs 4.7.3.1, 4.7.3.2, and 4.7.3.7, except that Contractor shall also be an additional insured for the general liability insurance. Such coverage may be reduced or waived when approved in writing by the Contract Manager with the consent of the Department because certain subcontractors have potentially less exposure than other subcontractors depending on the nature of their work under this Contract. In no event may the subcontractor self‐insure unless the Department provides prior written consent. Contractor shall obtain proof of coverage from subcontractors. 4.7.3.11 All insurance coverage shall be obtained by Contractor through an insurance agent licensed in the State of Florida and such coverage shall be provided by an insurance company licensed to issue such coverage in the State of Florida. No "self‐insurance" coverage shall be acceptable unless Contractor is licensed or authorized to self‐insure for a particular coverage in the State of Florida, or is an insured member of a self‐insurance group that is licensed to self‐insure in Florida. All policies shall include a provision requiring at least thirty (30) days' prior written notice of cancellation to the State.

4.7.3.12 All insurance coverage required to be obtained by Contractor shall continue in full force and effect during the term of the Contract. No Contract shall be entered into between Contractor and Department unless insurance coverage binders are received by the date scheduled for the execution of the Contract. Proof of insurance policies must be delivered prior to the date on which the services of Contractor shall commence.


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4.7.3.13 All insurance coverage is to be provided by insurance carriers admitted to do business in Florida and coverage issued by surplus lines companies shall not be acceptable with the exception of civil rights liability coverage. All insurance carriers shall be, at the minimum, rated "A VII" by A.M. Best or an equivalent rating by a similar insurance rating service.

4.7.3.14 Contractor may choose the amount of deductible for any of the insurance coverage required above to be obtained by Contractor, but in no event shall such deductible for each occurrence exceed three (3) percent of the required yearly aggregate limit of coverage.

4.7.3.15 Contractor is responsible for first dollar defense coverage. All general liability and professional liability policies shall provide defense in addition to the policy limits.

4.7.3.16 The limits required herein are the minimum acceptable. However, these limits are not to be construed as being the maximum Contractor may wish to purchase for their own benefit.

4.7.3.17 As respects to the total limits of liability required, any combination of primary and/or umbrella coverage may satisfy those totals. However, if an umbrella is used, coverage must be at least as broad as the primary coverage.

4.7.4 Certificate of Insurance and Cancellation

During the performance of the management services hereunder, Contractor shall maintain the plan of insurance and submit a Certificate of Insurance to the Department for the mutual protection and benefit of it and the Department, naming the Department as co‐insured and entitled to all notices issued under the policy, to cover claims that may arise out of or result from Contractor`s operation and management services hereunder, whether same be by Contractor or a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The Department shall be notified at least thirty (30) days in advance of cancellation, non‐renewal or adverse change in the coverage. New Certificates of Insurance are to be provided to the Department at least fifteen (15) days after receipt by Contractor.

4.7.5 Defense/Immunity

By entering into the Contract, neither the State, the Department nor Contractor waives any immunity defense which may be extended to them by operation of law including limitation of damages; excepting only that Contractor may not assert the defense of sovereign immunity.


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4.7.6 Notice of Claims

Within five (5) calendar days after receipt by the Department, or of any agent, employee or officer thereof of a summons in any action, or within five (5) calendar days of receipt by the Department, or of any agent, employee or officer thereof, of notice of claim, the Department, or any agent, employee or officer, shall notify Contractor in writing of the commencement thereof. The notice requirement is intended to ensure that Contractor’s defense of the claim is not harmed by failure to comply with the notice requirements. Failure to comply with the notice requirements may result in Contractor’s refusal to indemnify the Department, or any agent, employee or officer, but only if such failure to notify results in a prejudice to Contractor, the Department, or any agent, employee or officer. Contractor will provide the Department similar notice of claims.

4.7.7 Prior Occurrences

Unless otherwise agreed in writing, Contractor shall not be responsible for any losses or costs resulting from inmate litigation pending at the Effective Date of this Contract or for lawsuits based on acts or omissions occurring prior to the Effective Date of the Contract. Contractor agrees to cooperate with the State in the defense of these suits. The Department recognizes that any settlement or judgment in such cases may lead to a request that the compensation be increased pursuant to Section 4.6.5.

4.7.8 No Waiver

No waiver of any breach of any of the terms or conditions of the Contract shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid or binding unless the same shall be in writing and signed by the party alleged to have granted the waiver.

4.7.9 Performance Bond

Prior to execution of prospective Contract, Proposer will deliver to the Department’s Contract Manager a Performance Guarantee in the form of a Bond or Irrevocable Letter of Credit in the amount of $70 million dollars. The performance guarantee shall be in effect yearly for a time frame equal to the term of the Contract. The bond or letter of credit will be used to guarantee at least satisfactory performance by Proposer throughout the term of the Contract, including renewal years. The guarantee shall be made payable to the Department and furnished to the Contract Manager within thirty (30) days after execution of the Contract which may result from this RFP. No payments shall be made to the Contractor until the guarantee is in place and approved by the Department in writing. Upon renewal of the Contract which may result from this RFP, the Contractor shall provide proof that the performance guarantee has been renewed for the term of the Contract renewal.

Based upon Contractor performance after the initial year of the Contract, the Department may, at the Department’s sole discretion, reduce the


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amount of the bond for any single year of the Contract or for the remaining Contract period, including the renewal.

4.8 Certain Prohibitions

Contractor acknowledges the provisions of Florida Statutes, which states that a Contract entered into under this chapter does not authorize, allow, or imply a delegation of authority to Contractor to:

4.8.1 Choose the Correctional Institution to which an inmate is initially assigned or subsequently transferred. Contractor may request, in writing, that an inmate be transferred to a Correctional Institution operated by the Department.

4.8.2 Develop or adopt disciplinary rules or penalties that differ from the disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the Department.

4.8.3 Make a final determination on a disciplinary action that affects the liberty of an inmate. Contractor may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate's request for assigned housing in protective custody.

4.8.4 Make a decision that affects the sentence imposed upon or the time served by an inmate, including a decision to award, deny, or forfeit gain‐time.

4.8.5 Make recommendations to the Parole Commission with respect to the denial or granting of parole, control release, conditional release, or conditional medical release. However, Contractor may submit written reports to the Parole Commission and must respond to a written request by the Parole Commission for information.

4.8.6 Develop and implement requirements that inmates engage in any type of work, except to the extent that those requirements are accepted by the Department.

4.8.7 Determine inmate eligibility for any form of conditional, temporary, or permanent release from a Correctional Institution.

4.9 Default and Termination Provisions 4.9.1 Department Breach

Each of the following shall constitute a Breach of Contract on the part of the Department:

4.9.1.1 After appropriation of adequate funds by the State, failure by the Department to make payments to Contractor under the guidelines of Section 215.422, Florida Statutes.

4.9.1.2 The persistent or repeated failure or refusal by the Department to substantially fulfill any of its obligations under this Contract; unless: such failure or refusal is caused by a Force Majeure event or is otherwise excused under this Contract; such failure or refusal is permitted in writing by Contractor in advance; or, such failure or refusal is directly caused by Contractor`s breach.


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4.9.2 Contractor Breach

Each of the following shall constitute a Breach of Contract on the part of Contractor:

4.9.2.1 A material failure to keep, observe, perform, meet, or comply with any covenant, agreement, term, or provision of this Contract to be kept, observed, met, performed, or complied with by Contractor hereunder.

4.9.2.2 A material failure to meet or comply with any court order, ACA Standards, or federal or state requirement of law.

4.9.2.3 A failure to maintain ACA accreditation in accordance with Section 4.2.1.1;

4.9.2.4 Contractor (i) admits in writing its inability to pay its debts; (ii) makes a general assignment for the benefit of creditors; (iii) suffers a decree or order appointing a receiver or trustee for all or substantially all of its property to be entered and, if entered without its consent, not to be stayed or discharged within sixty (60) days; (iv) suffers proceedings under any law relating to bankruptcy, insolvency, or the reorganization 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; or (v) suffers any judgment, writ of attachment 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; or

4.9.2.5 Any other action by Contractor which would be considered a breach of this Contract at common law.

4.9.3 Notice of Breach No remedial action may be taken under this Contract unless and until the party

asserting a breach specifies, in writing to the party against whom the breach is asserted, that a breach or breaches exist(s) which, unless corrected or cured within a time period specified in the notice, will result in the taking of such action.

4.9.4 Time to Cure/Corrective Action Plans

Except in cases where immediate compliance is required under Section 4.9.6, the non‐breaching party will provide the other party an opportunity to cure each Breach of Contract that is capable of being cured. The cure period will extend at least twenty (20) days from the date the Notice of Breach or a report detailing a deficiency(ies) in security or other operational service areas related to the safety of the Correctional Institution is received. In the event Contractor reasonably believes that a Breach of Contract cannot be cured within the time period specified in the notice, and that such Breach of Contract can be cured through a diligent, on‐going, and conscientious effort on the part of Contractor within a reasonable period not to exceed a total of sixty (60) days, unless extended by the Department, then Contractor may, within the specified cure period, submit a Corrective Action Plan for curing the Breach of Contract to the Contract Manager. Such Corrective Action Plans shall show in detail by what means Contractor proposes to cure the Breach of Contract. Upon receipt of any such Corrective Actions Plans for curing a Breach of Contract, the Department shall promptly review such Corrective Action Plan, and, at its discretion, may allow, or disallow, Contractor to


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pursue such Corrective Action Plan for curing the Breach of Contract. In accordance with Florida Statutes and notwithstanding anything in this Contract to the contrary, the Department will not terminate this Contract unless Contractor has had at least sixty (60) workdays to correct the Breach of Contract.

4.9.5 Remedy of the Department

Upon the occurrence of a Breach of Contract by Contractor, and subject to the notice and cure provisions in this Contract, the Department shall have the right to adjust Contractors compensation as set forth in Section 4.6 and pursue any other remedy it may have at law or in equity, including, but not limited to, (i) reducing its claim to a judgment and seeking all damages for such breach; (ii) taking action to cure the Breach of Contract, in which case the Department Chief may offset against any payments owed to Contractor all reasonable costs incurred by the Department in connection with its efforts to cure such Breach of Contract; (iii) terminating the Contract and removing Contractor as the operator of the Correctional Institution and offsetting against any payments owed to Contractor by the Department of all reasonable costs incurred by the Department to cure the Breach of Contract, including attorneys’ fee. In the event of a termination of this Contract due to a Breach of Contract under Section 4.9.2, the Department shall have no further obligations to Contractor after Contractor’s removal; Contractor agrees to comply with Sections 4.9.8 with respect to the transition to new management. In the event of any remedy pursuant to this Section, Contractor shall have the right to appeal to the Department, and during any such appeal, the remedies pursuant to this paragraph shall be tolled. In the event of a termination for cause, Contractors liability shall include, but not limited to, any costs associated with the transportation of Inmates, any expenses incurred by the Department or any other agency to staff the Correctional Institution, and any expenses incurred by the Department or any other agency to operate the Correctional Institution which exceed the amount the Department would have paid the Contractor under this Contract.

4.9.6 Immediate Compliance

Notwithstanding anything in this Contract to the contrary, if the Secretary of the Department reasonably determines that Contractor’s noncompliance with a term of condition of this Contract may adversely affect the security of the Correctional Institution or present a hazard to the safety or health of Inmates or other individuals, Contractor shall be notified and directed to immediately correct the non‐compliance.

Upon receipt of such notice, Contractor shall immediately advise the Department of a proposed corrective action. If the Department accepts the proposed corrective action, Contractor shall immediately implement said corrective action. If the Department rejects the proposed corrective action or if Contractor fails to advise the Department immediately of its proposed corrective action, the Department shall specify the corrective action that Contractor must immediately implement.

In the event Contractor disagrees with the Department’s determination of non‐compliance or designated corrective action, a request for reconsideration may be submitted in writing to the Department. In no event shall the corrective action be delayed pending appeal.


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4.9.7 Force Majeure

The failure of performance of any of the terms and conditions of this Contract by either party due to Force Majeure shall not constitute a Breach of Contract under this Contract.

4.9.8 Termination

4.9.8.1 Termination for Non‐Appropriation If at any time during the term of this Contract, including any renewal period, the Legislature reduces appropriations to the Department or the Department’s legally available funds are otherwise inadequate to fully fund the Contract, the parties agree to collaborate in good faith in accommodating such funding shortfalls in a manner least disruptive to current operations. If necessary, the parties agree to engage in good faith negotiations to amend this Contract to achieve commensurate reduction in services corresponding to any proposed or necessary per Diem reduction. If accommodations or negotiations become irreconcilably untenable to the parties, the Department may exercise its no‐fault termination rights under this Contract.

4.9.8.2 Termination for Cause In the event the Department is entitled to terminate this Contract due to a Breach of Contract by the Contractor, the Department may terminate this Contract immediately or in stages. Following notice of termination, the Department may coordinate the placement of Department supervisors or employees in the Correctional Institution and be allowed to direct activities and operations in the Correctional Institution. The termination notice may specify either that the termination is to be effective immediately, on a date certain in the future, or that Contractor shall cease operations under the Contract in stages.

4.9.8.3 Partial Takeovers Without Cause The Department may, at its convenience and without cause, exercise a partial takeover of any service which Contractor is obligated to perform under this Contract, including but not limited to, any service which is the subject of a subcontract between the Contractor and a third party (hereinafter referred to as “Partial Takeover”). A Partial Takeover shall not be deemed a Breach of Contract by either party. Contractor shall be given at least thirty (30) days prior written notice of a Partial Takeover with said notice to specify the area(s) of service the Department will assume, the date of assumption, and, if possible, the accompanying adjustment in compensation under the Contract as described below.

A Partial Takeover shall not alter in any way Contractor’s other obligations under this Contract. If a Partial Takeover substantially undermines the benefit of the bargain to Contractor, Contractor may elect to terminate this Contract for convenience, in which case the parties shall agree on a date of termination that will allow for an orderly and efficient transition to the Department or another vendor. The Department will work cooperatively with Contractor in the Partial Takeover of any services provided by a subcontractor in order to minimize prejudice to Contractor.


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In the event of a Partial Takeover, the Department may withhold from payments due Contractor the amount of Contractor’s estimated cost savings resulting from not having to deliver the full services. Contractor will supply the Department with information to demonstrate its cost of providing the services taken over. Contractor shall have no other right to recover from the Department any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount resulting from the Partial Takeover.

4.9.8.4 Other Rights to Assume Temporary Control of Correctional Institutions and satellite facilities The Department also reserves the right to temporarily assume or coordinate with the Department to assume control of the Correctional Institution during a natural disaster, riot or disturbance within the Correctional Institution, or under other conditions that present a serious threat to the safety, heath or security of the Inmates, employees, or the public. This right to assume control shall create no obligation on the part of the Department to assume control in any particular case.

4.9.8.5 Termination for Convenience The Department may terminate this Contract for convenience by giving Contractor at least ninety (90) days written notice. Contractor shall be paid through the date of cancellation but shall not be entitled to recover any cancellation charges or lost profits.

4.9.9 Limitation of Liability

The Department may, in addition to other remedies available to them at law or equity and upon notice to Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, price adjustments, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of Contractor or its affiliates to the State against any payments due Contractor under any contract with the State.

4.10 Miscellaneous Provisions 4.10.1 Books and Records

Contractor shall keep, at the Correctional Institution, proper and complete, books, records, and accounts with respect to the Correctional Institution and all subcontractors thereof; and shall permit the On‐Site Contract Monitor, the Department and the State, or its respective designees, to inspect the same at all reasonable times and to make and take away copies thereof, pursuant to Chapter 119, Florida Statutes. If there is trade secret information that Contractor does not want disclosed during a public records request, it is Contractor’s responsibility to provide an additional copy of the information with the trade secret information redacted.

4.10.2 Maintenance of Corporate Existence and Business Contractor shall at all times maintain its corporate existence and authority to transact

business and good standing in its jurisdiction of incorporation and the State of Florida. Contractor shall maintain all licenses, permits, and franchises necessary for its businesses where the failure to so maintain might have a material adverse effect on Contractor’s ability to perform its obligations under this Contract. Contractor will


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provide this information to the Department, the On‐Site Contract Monitor, or other authorized personnel as requested.

4.10.3 Taxes, Liens and Assessments

4.10.3.1 Contractor shall: (i) pay, or make provision for payment of, all lawful taxes

and assessments levied or assessed by the federal, state or any local government on the Correctional Institution or any machinery, equipment or other property installed or located on the Correctional Institution by Contractor therein or thereon, or upon the Florida Correctional Finance Corporation with respect to the Correctional Institution or any part thereof, including any taxes levied upon or with respect to the income or revenues of the Florida Correctional Finance Corporation from the Correctional Institution, or upon any payments pursuant to the Lease Purchase Agreement; (ii) not create or suffer to be created any lien or charge upon the Correctional Institution or any part thereof; (iii) pay or cause to be discharged or make adequate provision to satisfy and discharge, within sixty (60) days after the same shall come into force, any lien or charge upon the Correctional Institution or any part thereof and all lawful claims or demand for labor, materials, supplies or other charges which, if unpaid, might be or become a lien upon the Correctional Institution or any part thereof, except permitted encumbrances, as defined in the Lease Purchase Agreement with respect to the Correctional Institution entered into by and between the Department and the Florida Correctional Finance Corporation; (iv) pay all utility charges, including "service charges", incurred or imposed with respect to the Correctional Institution; and (v) pay all State Fire Marshall fees imposed with respect to the Correctional Institution.

4.10.3.2 The parties hereto acknowledge that the housing of state prisoners is a

governmental function, albeit a function that can be contracted for with a private business. In addition, the parties hereto acknowledge that the use of a Lease Purchase Agreement utilizing tax‐exempt financing for the construction of the Correctional Institution does not alter the nature of the use of the Correctional Institution. To that end, in the event that a local jurisdiction attempts to assess ad valorem taxes on the Correctional Institution, Contractor agrees to provide any necessary assistance, support, and expenditure of legal resources (including 50% of all attorneys’ fees and costs) in order to fully participate in and support any efforts by the State to defend the sovereign immunity from such taxation enjoyed by the Correctional Institution as State property.

4.10.3.3 In the event that either a judicial determination or a State legislative mandate explicitly subjects the Correctional Institution to ad valorem taxation or requires payment in lieu of taxes (PILOT), the amount of any such annual ad valorem tax or PILOT payment shall be deducted on a pro‐rated monthly basis from Contractor’s monthly compensation.


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4.10.4 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)

Section 946.515(2), Florida Statutes requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in Sections 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com.

4.10.5 Copies of Documents

Prior to the execution of this Contract and on an on‐going basis, Contractor shall timely provide to the Department copies of the following documents:

4.10.5.1 All original and renewed insurance certificates clearly indicating compliance with Section 4.7.3.

4.10.5.2 Tax receipts or other appropriate documentation indicating Contractor’s payments to the taxing authorities to indicate compliance with Section 4.10.3.

4.10.6 Reimbursable Expenses

In the event that Contractor fails to comply with Sections 4.10.1, and 4.10.3, Contractor shall pay actual expenses for the Department to employ an agent or for a Department employee to visit the offices of Contractor or the Contractor's parent corporation to make and take away copies of the documents necessary to comply with Sections 4.10.1, and 4.10.3

4.10.7 Invalidity and Severability

In the event that any provision of this Contract shall be held to be invalid, such provision shall be null and void. The validity of the remaining provisions of the Contract shall not in any way be affected thereby.

4.10.8 Interpretation The headings contained in this Contract are for reference purposes only and shall not

affect the meaning or interpretation of this Contract.

4.10.9 Terminology and Definitions

All personal pronouns used in this Contract, whether used in the masculine, feminine, or gender‐neutral, shall include all other genders; the singular shall include the plural; and the plural shall include the singular.

4.10.10 Venue The Contract shall be interpreted under the laws of the State of Florida and Leon County

Circuit Court shall be the venue in the event any action is filed on the Contract.


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4.10.11 Entire Agreement; Amendments The Contract Documents contain all the terms and conditions agreed upon by the

parties hereto. No oral agreements or representations shall be valid or binding upon either party. The Contract Documents shall not be altered, changed, or amended except by instrument in writing executed by the parties hereto.

4.10.12 Third Party Rights

The provisions of this Contract are for the sole benefit of the parties hereto and shall not be construed as conferring any rights on any other person.

4.10.13 Binding Nature

This Contract shall not be binding upon the parties until it is approved and executed by both parties.

4.10.14 Interpretation This Contract shall not be interpreted or construed against the drafting party. 4.10.15 Prohibitions against Assignment The Department has entered into this Contract with Contractor based on, among other

considerations, its assessment of the qualifications and experience of Contractor, the management talent of key employees of Contractor, and the organizational structure Contractor has caused to be created. Consequently, there shall be no assignment or transfer of the interest of Contractor, whether in whole or in part, absent the prior written consent of the Department. Further, Contractor shall notify the Department in writing as soon as is practical following (a) a merger with or an acquisition by any corporation, partnership, person, or other entity; (b) the acquisition by or purchase of more than ten percent (10%) of the outstanding shares of Contractor by any corporation, partnership, person, or other entity; and (c) a change in the senior management of Contractor, senior management including its President, Chief Executive Officer, and the membership of its Board of Directors. If, in the reasonable judgment of the Department, any such event is determined to be likely to have a material and adverse effect on the ability of Contractor to fully comply with all of the terms and conditions of this Contract, the Department reserves the right to terminate the Contract without liability or penalty to the Department.

4.10.16 Access to Records

The Department may unilaterally cancel this Contract for refusal by Contractor to allow public access to all documents, papers, letters, or other material originated or received by Contractor in conjunction with the Contract, subject to the provisions of Section 119, Florida Statutes.

Attachment 1 - Draft Contract - FloridaF22602_Attachment1DraftContract.pdfDRAFT – 7/25/2011...

Documents

Transcript of Attachment 1 - Draft Contract - FloridaF22602_Attachment1DraftContract.pdfDRAFT – 7/25/2011...