RFS-329.44-004

CONTRACT
BETWEEN THE STATE OF TENNESSEE
DEPARTMENT OF CORRECTION
AND
CORRECTIONS CORPORATION OF AMERICA
This Contract, by and between the State of Tennessee, Department of Correction, hereinafter referred to as the "State" and
Corrections Corporation of America, hereinafter referred to as the "Contractor," is for the management and operation of a
prison, known as South Central Correctional Center, as further defined in the "SCOPE OF SERVICES."
The Contractor is a for-profit corporation. The Contractor's address is:
10 Burton Hills Boulevard, Nashville, Tennessee 37215.
The Contractor's place of incorporation or organization is Maryland.
A.

SCOPE OF SERVICES:
A.1.

DEFINITIONS
A.1.a.

ACA - means the American Correctional Association.

A.1.b.

ACA Standards - means the Standards for Adults Correctional Institutions (Fourth Edition, July 2003, as
the same may be modified, amended, or supplemented now or in the future) published by ACA.

A.1.c.

Commissioner - means the Commissioner of the Tennessee Department of Correction.

A.1.d.

Contract - means this Document, together with all written attachments, appendices, exhibits, amendments
and modifications and incorporating by reference herein, (1) the Request for Proposals, including exhibits
and amendments; and (2) the proposal, including amendments and/or written clarifications.

A.1.e.

Contract Liaison - means a person or persons appointed and paid by the State to monitor the
implementation of this Contract and/or to act as the Commissioner's designee. The Contract Liaison will
also be the official liaison between the State and Contractor on matters pertaining to the operation and
management services of the Facility and may perform other functions described in Department policies,
or otherwise provided by the Commissioner, in writing.

A.1.f.

Court Orders - means any orders, judgments or opinions issued by a court of competent jurisdiction or
any stipulations, agreements or plans entered into in connection with litigation that are applicable to the
operation, management or maintenance of the Facility or relate to the care and custody of Inmates of the
Facility, whether currently existing or as may be rendered in the future.

A.1.g.

Department - means the Tennessee Department of Correction (TDOC).

A.1.h.

Document· means this document with attached appendices, excluding the RFP and Proposal.

A.1.i.

Effective Date of Contract - means the date the Contract is approved by the appropriate State officials in
accordance with applicable Tennessee State laws and regulations.

A.1.j.

Facility - means the correctional institution in Wayne County, Tennessee, including adjacent real property
described in Section A.2, for the incarceration of male felony offenders sentenced to the care, custody
and control of the Department, known as the South Central Correctional Center.

A.1.k.

Indigent Inmates - means Inmates who are deemed indigent as defined by Department Policy 208.05, as
said policy may be amended.

A.1.1.

Inpatient Hospital Costs - means any expenses incurred as a result of an Inmate's admission to a
medical care facility, and expenses incurred as a result of out-patient treatment for emergency medical
services.

A.1.m.

Inmate - means any male felony offender sentenced to the Department and assigned to the Facility by
the Department.

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A.2.

A.i.n.

Inmate Day - means each calendar day or part thereof that an Inmate is located at the Facility, including
the first, but not the last day of incarceration at the Facility.

A.i.o.

Local Area - means Wayne, Hardin, Lawrence, Giles, Lincoln, Marshall, Maury, Lewis, Williamson,
Hickman, Dickson, Humphreys, Perry, Houston, Benton, Henry, Weakley, Carroll, Henderson, Decatur,
Gibson, Crockett, Madison Haywood, Chester, Fayette, Hardeman, and McNairy counties in Tennessee.

A.i.p.

Per Diem Rate - means cost per Inmate, per Inmate Day.

A.i.q.

Partial Default - means default of a portion of the services to be rendered by the Contractor under this
Contract due to Contractor's failure to perform.

A.i.r.

Partial Takeover. - means the State's discretionary assumption of a portion of the services to be rendered
by the Contractor under this Contract not resulting from Contractor's failure to perform.

A.1.s.

Policy Directive - means formal statement of the State's correctional policy on a given subject. All Policy
Directives shall not conflict with administrative rules or statutes or applicable American Correctional
Association Standards.

A.i.t.

RFP - means the Request for Proposals issued by the Department and identified as RFP-329.44-004,
together with the following amendments: Amendment #1.

A.i.u.

Service Commencement Date - means July 1,2007.

A.i.v.

Standards - means the standards to which Contractor's performance under this Contract must conform
pursuant to Section A.4.a of the Contract.

A.i.w.

State - means the State of Tennessee, including but not limited to the Department.

A.1.x.

TOMIS - means the Tennessee Offender Management Information System, a mainframe computer
system that automates the management of information about offenders under the supervision of the
Tennessee Department of Correction. TOMIS captures all offender related information at the point of
origin to provide accurate and timely information to those who use it.

A.i.y.

TRICOR - means the Tennessee Rehabilitation Initiative in Corrections.

FACILITY AND PROPERTY
A.2.a.

Lease and Possession of Facility.

A.2.a.i )

The State leases to the Contractor the real property described in Appendix A together with all
improvements thereon (the Facility), subject to the State's right to the following:

A.2.a.i )(a)

to enter and inspect; and/or

A.2.a.1 )(b)

to construct additional buildings or expand the capacity of existing buildings.

A.2.a.2)

Contractor shall provide for maintenance, repair, and replacement for the Facility and shall keep
said Facility in good repair, working order and condition, subject to normal wear and tear.
Contractor shall be responsible for all expenses incurred in said maintenance, repair and
replacement, subject to Section A.2.i.

A.2.a.3)

The Contractor shall maintain the Facility in accordance with all applicable fire, building, life
safety, and handicapped accessibility codes.

A.2.a.4)

The Contractor shall comply with any seller's or manufacturer's recommendations regarding
maintenance of the Facility which are provided to the Contractor.

A.2.a.5)

The Contractor shall implement the system for vermin and pest control, trash and garbage
disposal, and hazardous waste management described in the Proposal.

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A.2.a.6)

Contractor agrees that the Facility will be used only for the purposes described in this Contract
and shall not allow or suffer any waste at the Facility. Contractor shall not harvest any timber at
the Facility or extract any other resource at the Facility unless agreed to in writing by the State.

A.2.b.

No Warranty. The State leases the Facility to Contractor as is and with all faults and makes no express
or implied warranties regarding the Facility, including but not limited to warranties regarding fitness for a
particular purpose and hereby disclaims any and all express or implied warranties

A.2.c.

State Property.

A.2.c.1 )

The State shall furnish the Facility with the property, including telephone and related wiring,
listed in Appendix B on or before Service Commencement Date.

A.2.c.2)

All property furnished by the State shall remain at the Facility unless its location must be moved
for maintenance, repair or replacement. Any removal of said property shall only be made with
the prior written consent of the Liaison (See Liaison referenced in Section A.3.c.).

A.2.c.3)

The State shall be responsible for the installation of the property described in A.2.c.1).

A.2.c.4)

Effective on the Service Commencement Date, the State hereby leases to the Contractor said
property described on Appendix B.

A.2.c.5)

The State leases the property on Appendix B to Contractor as is and with all faults and makes
no express or implied warranties regarding said property including but not limited to warranties
regarding fitness for a particular purpose and hereby disclaims any and all express or implied
warranties.

A.2.d.

Additional Property.

A.2.d.1 )

Contractor shall provide and install in the Facility any additional equipment as well as all
necessary perishables and other items necessary for Contractor to comply with its obligations
under this Contract including but not limited to cleaning/housekeeping equipment and supplies.

A.2.d.2)

Without a Contract amendment and by written agreement of the parties, the parties may agree
to revise the State equipment list on Appendix B provided that any such revision of the State
equipment list shall comply with all applicable State regulations pertaining to the disposition of
State property. Said agreement must be in writing signed by the Commissioner and the
Contractor.

A.2.e.

Insurance. The Contractor shall obtain and keep in force insurance on all property to be located at the
Facility, whether said property is supplied by the Contractor or State. Refer to Appendix D for insurance
requirements.

A.2.f.

Ownership of property at termination.
A.2.f.1)

At the conclusion of the Contract, whether by expiration or termination, all equipment,
perishables, supplies and any other property, whether real or personal, including but not limited
to Inmate files, fiscal records and any other records used at the Facility or purchased with state
funds shall become the property of the State, whether initially acquired by the Contractor or the
State.

A.2.f.2)

At the conclusion of the Contract, whether by expiration or termination, the Facility and property
furnished by the State shall be returned to the State in good order and in the condition received,
reasonable use and wear thereof excepted, provided that if any property provided by the State is
destroyed, lost or stolen and has not been replaced, the Contractor shall be responsible to the
State for the residual value of said property at the time of loss and said value may be withheld
from any amounts owed Contractor.

A.2.f.3)

Contractor agrees that no security interest will attach to any property used at the Facility whether
purchased by State or Contractor. In the event a security interest is created on any of said
property, Contractor agrees to immediately notify the Liaison in writing and cause said security
interest to be extinguished within thirty (30) days.

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A.2.g.

Manuals. The State will provide Contractor with a copy of all equipment manuals, a set of as-built
drawings, and any warranties affecting the property leased to Contractor under Section A.2.c and
affecting the Facility.

A.2.h.

Maintenance.

A.2.h.1 )

The Contractor shall be responsible for the maintenance, repair, and replacement of all property
of any nature whatsoever located at the Facility at Contractor's expense whether said property is
furnished by the State or the Contractor, subject to Section A.2.i.

A.2.h.2)

The Contractor shall implement the plan, including the preventive maintenance program,
contained in its Proposal to maintain the Facility and all property contained therein.

A.2.h.3)

Contractor shall comply with TDOC Policy 108.01 as it may be amended during the term of the
Contract.

A.2.hA)

The Contractor shall comply with any seller's or manufacturer's recommendations provided the
Contractor regarding maintenance of any property leased to the Contractor under Section A.2.c.

A.2.i.

Exceptions to Contractor Maintenance. The only exceptions to the Contractor's obligation to effect
repairs or provide replacements to the Facility and property contained therein at its expense are as
follows:
A.2.i.1)

where repairs or replacements are covered by a warranty made by a third party to the State,
provided, however;

A.2.i.1 )(a)

if Contractor has caused or contributed to the invalidity of any warranty or failed to
comply with Section A.2.j, the Contractor shall bear the full expense to effect any repair
or replacement; and

A.2.i.1)(b)

for purposes of this Section, the decision regarding whether and to what extent the
Contractor has invalidated a warranty, whether the Contractor has failed to comply with
Section A.2.j or whether a defect is included in a warranty shall be within the sole
judgment of the State;

A.2.i.2)

replacement of entire systems including but not limited to the boiler plant, heating, air
conditioning, security electronics, communications and utility services, and costs to replace
major components thereof which exceed $5,000; provided, however,

A.2.i.2)(a)

decisions regarding whether and to what extent the entire system or a major component
thereof should be replaced shall be within the sole judgment of the State; and

A.2.i.2)(b)

The Contractor shall be responsible for all costs if in the sole judgment of the State the
replacement is necessary due to any of the following causes:

A.2.i.3)

A.2.j.

(i)

Contractor's negligence,

(ii)

Contractor's failure to adequately maintain the systems, or portions thereof, or

(iii)

Contractor's failure to comply with the provisions of the Contract; and

where repairs or replacements are necessary due to design error or omission or improper
construction of the Facility and not covered by a warranty. The decision regarding whether and
to what extent the repair or replacement is due to design error or omission or improper
construction shall be within the sole judgment of the State.
Warranties.

A.2.j.1)

The State shall promptly provide Contractor a copy of any warranty made by a third party to the
State covering property provided by the State or on the Facility; provided, however, the State is
not obligated to acquire or purchase any such Warranties.

A.2.j.2)

With respect to said warranties, Contractor agrees as follows:
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A.2.k.

A.2.j.2)(a)

to maintain the Facility and property located thereon in compliance with said warranties;
and

A.2.j .2)(b)

to promptly notify the Liaison in writing of any defects of whatever nature which are
covered by said warranty allowing the State sufficient time under the warranty to notify
the entity providing said warranty.

Contractor Failure to Repair. If the State acquires notice of Contractor's failure to comply with its
obligations regarding maintenance, repair or replacement with the Facility or property thereon, it may so
notify the Contractor in writing but is not obligated to do so. Failure of the State to notify Contractor shall
not relieve Contractor of its obligations hereunder. In the event the State is required to provide written
notice of said failure pursuant to Section EA., the Contractor shall promptly comply with its obligation
within the time specified by the State in the notice. If Contractor fails to effect said maintenance, repair or
replacement within the time specified in said notice, the State may, but is not obligated, to do the
following:
A.2.k.1 )

the state may effect the maintenance, repair, or replacement and withhold the expense of such
maintenance, repair or replacement from amounts due the Contractor; and/or

A.2.k.2)

avail itself of any or all of the remedies described in Section EA.

A.2.1.

Construction and Renovation.
A.2.1.1)

Contractor shall not modify, renovate, construct new buildings, add to existing buildings, or
modify any of the systems contained therein including but not limited to the boiler plant, heating,
air conditioning, security electronics, communications and utility services without the prior written
approval of the State. Said approval shall include a review of the proposed modification by the
Select Oversight Committee on Corrections and approval of the State Building Commission
where required by law, regulation or policy. All modification, construction, and renovation
requested by Contractor and approved by State shall be at Contractor's expense, unless
otherwise specified.

A.2.1.2)

The State reserves the right to construct additional buildings at the Facility and/or to expand the
capacity of existing buildings at the Facility. In the event the State exercises this right,
Contractor agrees:

A.2.1.2)(a)

To cooperate with the State to the fullest extent possible;

A.2.1.2)(b)

That this Contract shall remain in full force and effect; and

A.2.1.2)(c)

That Contractor shall accept, even without new construction or expansion of the existing
facility, an increase in the Inmate population under the terms of this Contract with
additional compensation to the Contractor being described in Section C.g.

A.2.m.

Utilities and Taxes. Contractor shall pay all taxes associated with this Contract and utility costs of the
Facility including but not limited to water, gas, sewage and electric beginning on the Service
Commencement Date. In the event ad valorem taxes are assessed against property at the Facility not
owned by the Contractor, the Contractor may seek additional compensation pursuant to Section C.11.

A.2.n.

Telecommunications.

A.2.n.1 )

Contractor will provide, at its expense, all necessary telecommunications equipment except the
telephone system. Such equipment must be capable of interfacing with the state existing
communications and automated information systems and with any future department systems.
Contractor shall enter all required data on TOMIS.

A.2.n.2)

The Contractor may make additions to or rearrange features of the telephone system as it
deems necessary, subject to written approval by the State. The Contractor must assure that the
quality of workmanship and added components are of equal or greater quality to maintain
system integrity.

A.2.n.3)

All cost incurred in connection with the telephone operations, including additions, labor,
maintenance, repair, moves and changes, local and long distance service, and training will be
paid directly by the Contractor.
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A.2.nA)

A.2.0.

A.3.

The Inmate telephone system Contract will operate as in State's other correctional facilities. All
commissions will be paid to the State in conformance with the terms of the Inmate telephone
system Contract.

Destruction of Facility.

A.2.0.1 )

If destruction of the Facility is caused in whole or part due to the Contractor's negligence or due
to Contractor's failure to perform its obligations under this Contract, then the State may seek
reimbursement from Contractor for any damages sustained by the State.

A.2.0.2)

In the event the Facility is destroyed in part for any reason, then the Contractor remains
obligated to fulfill its obligations under this Contract to the extent such is possible in the portion
of the Facility that remains operational. The Contractor recognizes that the inability to perform
its obligations due to the destruction may result in the State seeking a compensation adjustment
pursuant to Section C.11.

A.2.0.3)

In the event the Facility is destroyed such that the physical damage prevents the housing and
programming of the appropriate number of Inmates as determined by the Commissioner in his
sole judgment, then the State may terminate this Contract without penalty either immediately or
within stages upon written notice to the Contractor.

CONTRACT MONITORING
A.3.a.

Monitoring.

A.3.a.1 )

The State has the right and authority under this Contract to monitor Contractor's performance
hereunder. Such monitoring shall include but not be limited to observing and reporting on the
day-to-day operational performance of the Contractor regarding compliance with all terms and
conditions of this Contract. Such monitoring or failure to monitor shall not relieve Contractor of
its responsibility, obligation and liability under this Contract.

A.3.a.2)

The State shall develop reporting requirements for the Contractor that shall include but not be
limited to weekly, monthly, and/or quarterly reports on the following subjects: Inmate jobs and
education, incident reports, disciplinary reports, Inmate grievances, staff turnover, staff training,
employee grievances, employee discipline, health care access, reclassifications, transfers,
furloughs, releases, media contacts, lawsuits, volunteers, drug audits, cell searches, visitation,
and maintenance. Also, an emergency reporting process shall be established that shall
address, at a minimum, segregation of Inmates, use of force, and incidents which involve
substantial risk to property, life, or institutional security.

A.3.a.3)

Contractor agrees to cooperate with the State, including any representatives of the State, in the
Contract monitoring effort of the State through such means as may be requested from time to
time, including, but not limited to the reporting of information as requested. The State and
Contractor agree that the information collecting and monitoring processes described in this
Section A.3.a, will be defined in the policies and procedures of the Tennessee Department of
Correction.

A.3.b.

Comparative Evaluation.

A.3.b.1 )

The State has the right and authority under this Contract to compare the Contractor's
performance with comparable State facilities. The State has the right and authority under this
Contract to collect information to compare the cost and quality of services provided by the
Contractor with the cost and quality of similar services provided by the State at its comparable
facilities.

A.3.b.2)

In accordance with TCA 41-24-105, after the first two years of operation, but before extending
the initial contract, the performance and operating costs of the Contractor will be compared to
the performance and operating costs of the State using the Performance and Cost Evaluation
Form which is included as Appendix G to the Contract.

A.3.b.3)

The Contract may be renewed only if the Contractor is providing essentially the same quality of
services as the State at a cost of five percent (5%) lower than the State as evaluated by the
Fiscal Review Committee (see A.3.bA), or if the Contractor is providing services superior in

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quality to those provided by the State at essentially the same cost as the State (see A.3.b.4).
Refer to Appendix G for additional details.
A.3.b.4)

As set out in TCA 41-24-105, the Select Oversight Committee on Corrections will compare the
quality of services between the State and the Contractor, and the Fiscal Review Committee will
compare the costs of operation. Each committee will prepare a report on its findings and
present that report to the parties responsible for determining whether the Contract should be
extended. The determination of the Fiscal Review Committee as to the comparative costs of
operation shall be binding in determining whether the cost savings required in Section A.3.b.3.
has been met.

A.3.b.5)

The Comptroller of the Treasury shall audit the performance of the Department of Correction and
the private Contractor to ensure that the State is receiving the quality and level of services as
described in the Contract based upon the performance criteria, the monitoring process, and any
applicable sanctions that might be incurred. The Comptroller shall report annually or as
requested to the Select Oversight Committee on Corrections. The Comptroller's audit authority
shall include, but not be limited to, the authority to examine issues related to staff salaries, staff
turnover rates and their impact, if any, on prison security and safety.

A.3.b.6)

The Contractor agrees to cooperate with the State, including any representatives of the State, in
any comparison of services undertaken by the State through such means as may be requested
from time to time, including but not limited to, the provision of information.

A.3.c.

Liaison.

A.3.c.1 )

The State shall provide Liaison(s) to be located at the Facility. The Liaison(s) will be an
employee(s) of the Department and will be paid by the Department. The Contractor shall have
no control over the activities of the Liaison(s), supervisory or otherwise.

A.3.c.2)

The Liaison(s) shall be the representative of the State at the Facility to monitor the Contractor's
compliance with the Contract. The Commissioner may also appoint the Liaison to act as his
designee. The Liaison may also have functions described in Department policies. The Liaison
may have other functions as provided by the Commissioner in writing.

A.3.c.3)

Unless otherwise specified by the Commissioner, in writing, the Liaison shall be the designated
recipient of all information required of the Contractor. The Contractor shall be notified of the
identity of any Contract Liaison, in writing, signed by the Commissioner.

A.3.c.4)

The individuals(s) acting as Liaison(s) may be changed during the term of the Contract, at the
discretion of the Commissioner.

A.3.c.5)

The State hereby expressly disclaims that the Liaison or any other state employee or official has
any authority, apparent or otherwise, to bind the State under this Contract unless expressly
stated herein; provided, however, that the Commissioner shall have the same authority granted
any state employee under this Contract and the Commissioner retains authority over the
Inmates and Facility which may not be delegated at law.

A.3.c.6)

In addition to the Liaison(s) employed by the Department, the State may monitor the Contract
through other representatives of State as it deems appropriate. Such representative(s) shall
have the same right of access to information, the Facility, Inmates, and Contractor's employees
and agents as set out herein for Liaison(s).

A.3.d.

Multiple Liaisons.

A.3.d.1 )

In the event that the Commissioner designates more than one (1) individual to act as Liaison,
the State shall provide the Contractor with a description of the Liaisons' levels of authority in
writing executed by the Commissioner.

A.3.d.2)

In the event the Contractor believes it is receiving conflicting instructions from the Liaison(s) or
that a Liaison is acting beyond his or her level of authority under the Contract or as provided in
subsection 1), the Contractor shall notify the Commissioner in writing. The written response of
the Commissioner shall be final.

A.3.e.

Office Space.
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A.3.e.1 )

Contractor shall provide adequate office space and local telephone service for the Liaison(s)
and the staff of the Liaison(s), which may include a secretary, in close proximity to other
administrative offices.

A.3.e.2)

Contractor shall also provide the Liaison and staff with access to all major office equipment, at
Contractor's expense.

A.3.e.3)

Contractor shall not provide the Liaison(s) or Liaison staff with gifts or any form of compensation
at any time.

A.3.f.

Liaison Access.
A.3.f.1 )

The Liaison(s), shall have immediate, complete, and unrestricted access to all parts of the
Facility at any and all times.

A.3.f.2)

The Liaison(s), shall have immediate, complete, and unrestricted access to all documents in any
way pertaining to the obligations of Contractor under this Contract, including but not limited to
Facility records, Inmate files, personnel files, and financial records. In the event that any such
document is not located on the Facility site, upon request Contractor agrees to provide the
Liaison with a copy of the document within seventy-two (72) hours of the request.

A.3.f.3)

The Liaison(s), shall have immediate, complete, and unrestricted access to all meetings and
hearings which in any way pertain to the obligations of Contractor under this Contract.
Contractor agrees to notify the Liaison of the time, place and agenda at least twenty-four (24)
hours in advance of any such meeting or hearing, unless it is not reasonable to provide said
notice in which case the Liaison shall be notified simultaneously with the other participants;
provided, however, the Liaison may not have access to meetings between the Facility staff and
legal counsel retained by Contractor unless permitted by Contractor, but Contractor shall provide
the Liaison with written notice of said meeting identifying the participants within five (5) days
after said meeting.

A.3.fA)

The Liaison(s), shall have immediate, complete, and unrestricted access to all Inmates and
access at a reasonable time and place to all employees of Contractor, including but not limited
to the Warden.

A.3.g.

Meetinqs with Liaison. The Contractor agrees that the Warden shall meet with the Liaison to report
on/discuss the operations of the Facility and to respond to any questions raised by the Liaison.

A.3.h.

Requests for Information.

A.3.h.1)

The Contractor shall provide the Liaison with written responses to any information requested by
the Liaison or Commissioner concerning any aspect of Contractor's performance under the
Contract within the period prescribed in the State's request.

A.3.h.2)

The Contractor shall certify that said information is accurate and if Contractor is unable to so
certify then Contractor shall state the reason therefor.

A.3.h.3)

Upon written request by the Liaison or Commissioner, the Contractor shall compile information
in the requested form and provide documentation substantiating said information.

A.3.hA)

Contractor shall not destroy any document related in any way to the Contractor's performance
under the Contract without the prior written consent of the Liaison.

A.3.i.

Routine Documents. The Contractor shall provide the Liaison upon request with a copy of, or opportunity
to review, all routine documents generated by the Contractor contemporaneously with the dissemination
of the document. The Liaison shall notify the Contractor in writing of the requested routine documents.

A.3.j.

State Inspection. The Commissioner or his/her designee(s) shall have the same access as described in
Section A.3.f, Liaison Access, which access shall include but not be limited to persons designated by the
Commissioner to inspect the Facility and/or audit Facility and/or Contractor's performance under the
Contract. Contractor is also obligated to provide appropriate access to authorized inspection and
regulatory agencies. The Contractor shall exercise due diligence for the safety and welfare of the
Liaison, any other State employee, and any visitor at the Facility.

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A.3.k.

Immediate Compliance.

A.3.k.1)

If the Commissioner determines that the Contractor is not operating in compliance with a term or
condition of this Contract which in the opinion of the Commissioner may adversely affect the
security of the Facility or which may present a hazard to the safety or health of Inmates or other
individuals, the Contractor shall be notified in writing (or verbally if it is believed an emergency
situation exists). The notice shall direct the Contractor to immediately correct the
noncompliance.

A.3.k.2)

The Contractor shall immediately notify the Commissioner of the proposed corrective action. If
the Commissioner does not object to the proposed corrective action, the Contractor shall
immediately implement said corrective action.

A.3.k.3)

If the Commissioner disagrees with the proposed corrective action or if the Contractor fails to
notify the Commissioner immediately of its proposed corrective action, the Commissioner shall
specify corrective action which the Contractor shall immediately implement.

A.3.kA)

Notwithstanding any provision contained herein to the contrary, in such a circumstance, the
Contractor shall immediately implement the corrective action specified by the Department before
any appeal is taken.

A.3.k.5)

In the event the Contractor disagrees with the determination of noncompliance or designated
corrective action, a request for reconsideration may be taken to the Commissioner. In no event
shall the corrective action be delayed pending appeal. Upon examination, if the Commissioner
determines in his sole discretion that a noncompliance did not exist or that the corrective action
required by the Department was excessive, the Commissioner shall authorize payment to the
Contractor of the actual expense incurred in taking said corrective action or excessive corrective
action upon receipt of appropriate documentation substantiating said expense from the
Contractor. All directions and actions by the Commissioner and actions by the Contractor shall
be recorded and reported in writing as soon as practical and filed with the Contract Management
Unit.

A.3.1.

A.4.

Incident Reports. Contractor shall implement Department Policy 103.02 regarding the reporting of
incidents.

OPERATION OF FACILITY
AA.a.

Obligations of Contractor. Contractor agrees to perform all acts and services and comply with all duties
and promises as described and in conformance with the following:

A.4.a.1 )

all applicable constitutional standards, federal, state and local laws, court decisions, and Court
Orders and consent agreements, whether currently existing or as may be enacted or rendered in
the future;

A.4.a.2)

all State and Departmental policies specified in Appendix C, as same may be amended in
writing by the Department during the term of this Contract, or in the discretion of the
Commissioner, policies approved by the Department which may not be identical to State or
Department policies;

A.4.a.3)

such other policies as the Department may make applicable to the Contractor in writing during
the term of the Contract as same may be amended during the term of this Contract;

AA.aA)

ACA standards;

A.4.a.5)

the terms of this Document;

A.4.a.6)

the terms of the RFP; and

A.4.a.?)

the terms of the Proposal.

The standards articulated in 1) through ?) shall hereinafter collectively be referred to as "Standards."

9

RFS·329.44·004

A.4.b.

Obligations of State. State agrees to perform its obligations as described in this Document and the RFP.
Notwithstanding any provision contained herein to the contrary, the parties agree that the State incurs no

obligations as may be contained in the Proposal.
A.4.c.

Conflicts.

A.4.c.1 )

In the event of an irreconcilable conflict among the Standards, the Contractor is required to
follow the Standard as determined by the Liaison.

A.4.c.2)

In the event of disagreement between the Contractor and the Liaison regarding which item
provides the Standard of service, the Commissioner or his designee shall make the final
decision.

A.4.c.3)

Approval by the State of any policy or procedure submitted by the Contractor which may deviate
from the Standards shall not relieve Contractor of the obligation to follow the Standards.

A.4.cA)

In the event of conflicts between the RFP and this Document regarding the State's obligations,
the State shall comply with this Document.

A.4.d.

Policy and Procedures Manual. The Contractor, on or before June 11,2007, shall provide the State with
one (1) hard copy and one (1) electronic version (in Word if possible) of a written Policy and Procedures
Manual which shall contain policies and procedures for all services to be rendered by Contractor in
accordance with the Standards. Said manual shall establish the policies and procedures the Contractor
shall follow in all areas covered by this Contract, including the areas covered by the Department policies
listed in Appendix C. Said manual shall be subject to the written approval of the State and said manual
shall not be altered, amended, modified, revised or supplemented without the prior written approval by
the State. The Contractor shall implement the provisions of said manual throughout the term of this
Contract. The State may require the Contractor to revise these documents, including policies,
procedures, post orders, job descriptions, staffing patterns, shift rosters, etc., as required.

AA.e.

Assignment and Transfer of Inmates.

A.4.f.

A.4.e.1 )

Inmates will be assigned to the Facility in accordance with Department policies. Contractor may
not refuse to accept any Inmate assigned to the Facility, but if the Contractor believes that an
Inmate has been erroneously assigned to the Facility, it may request his transfer in writing,
through the Liaison citing the appropriate sections of Department policy. Any decision by the
Department on such request shall be final.

AA.e.2)

Contractor's requests for reassignment of Inmates from the Facility to another institution for
medical, psychiatric, disciplinary or administrative reasons or for Inmate furloughs will be made
in writing through the Liaison and evaluated by the Department. Any decision by the
Department on such request shall be final.

A.4.e.3)

The State may transfer Inmates from the Facility with said decision to transfer being within the
State's sole discretion.

Safety and Emergency Procedures
A.4.f.1 )

The Contractor, on or before June 11,2007, shall develop and submit one (1) hard copy and
one (1) electronic version (in Word if possible) of the following: (1) written riot and disturbance
control contingency plans, and (2) disaster preparedness plans to the State. Contractor shall
cooperate with State in preparing contingent Inmate relocation plans

A.4.f.2)

At a minimum, the Contractor shall implement the written guidelines for the prevention of fire,
safety inspections, maintenance of fire alarm and smoke detection systems, fire evacuation
drills, evacuation plans, a procedure to report job-related injuries, and provisions for testing
equipment to maintain essential lighting, power and communications contained in its Proposal.
All such procedures will comply with National Fire Protection Association life safety codes and
Department Policies 112.04, 112.05, and 112.09.

A.4.f.3)

The Contractor shall develop and submit to the State one (1) hard copy and one electronic
version (in Word if possible) of plans for the search and apprehension of any escaped Inmate,
on or before June 11,2007. Said plans shall address the Contractor searching for any escapee
off the grounds of the Facility and coordination with local and State authorities. Contractor shall
10

RFS-329.44-004

implement said plans regarding any search off the grounds of the Facility only if so requested by
the Commissioner.
A.4.f.4)

During the term of the Contract, the Contractor shall develop and submit to the State in writing
any other emergency and control plans as may be requested in writing by the Department within
the time period set out in said request.

A.4.f.5)

All plans under this Section must be submitted to the State and approved by the State in writing.
Contractor agrees to make any revisions, deletions or additions requested by the Commissioner
or his designee. Upon written approval by the State, Contractor shall begin immediate
implementation of the plans or in the case of contingency plans, certify that Contractor has the
ability and shall implement the plan if the contingency occurs. Said plans may not be revised,
amended, altered, or supplemented without prior written consent of the State.

A.4.f.6)

All plans must be in conformance with the Standards.

A.4.g.

Medical and Mental Health Services.

A.4.g.1)

The Contractor shall provide all physical health services, mental health services and dental
services as specified in this Section and in the Standards. The Contractor shall utilize the
Department's health services medical records forms and mental health service forms, as said
forms may be revised or supplemented during the term of this Contract.

A.4.g.2)

At a minimum, these services must meet the Standards.

A.4.g.3)

The Contractor shall ensure that all physical, mental, and dental health care is provided by
appropriately licensed and/or qualified health care professionals.

AA.gA)

The physical, mental, and dental health services delivery shall include but not be limited to the
following:

A.4.g.4)(a)

24 hour-a-day, 7 day-a-week emergency physical and mental health care;

A.4.g.4)(b)

24 hour-a-day, 7 day-a-week on-site RN coverage;

AA.g.4)(c)

initial health screening;

AA.gA)(d)

health appraisal examination;

A.4.gA)(e)

daily triaging of complaints;

AA.gA)(f)

daily sick call per the Standards;

A.4.gA)(g)

infirmary operation with at least supervision by an RN twenty-four hours per day, seven
days per week;

A.4.g.4)(h)

use of the Department health and programmatic records;

AA.g.4)(i)

specialty care and/or mental health programs and services for, but not limited to,
Inmates with chronic diseases, terminal illnesses or requiring convalescent care;

AA.g.4)(j)

psychology services (routine), psychiatry services (routine), sheltered living (ancillary),
sex offender treatment (ancillary) and substance abuse services;

AA.gA)(k)

Specialty physician care; (The State may, in its sole discretion, allow the Contractor to
use the health services at the Lois M. DeBerry Special Needs Facility (DSNF), provided,
however, that the Contractor shall enter into an agreement for usage and payment for
said services with the State's health services contractor.)

A.4.g.4)(I)

ancillary services - radiology, laboratory, etc.;

A.4.gA)(m)

dental services;

11

RFS-329.44-004

A.4.gA)(n)

pharmaceutical services and supplies;

A.4.gA)(o)

optometry services (provided on site);

AA.gA)(p)

health education;

AA.gA)(q)

inpatient hospitalization services;

AA.gA)(r)

outpatient services.

AA.g.5)

The Contractor shall be responsible for all medication costs.

A.4.g.5)(a)

The Contractor shall submit to the State's medical director a monthly pharmaceutical
utilization report denoting, but not limited to, the following: the prescriber, inmate
number, type of medication, and associated cost.

AA.g.5)(b)

The Contractor shall be responsible for securing the services of a pharmaceutical
company that provides a delivery system that assures that medications are properly
stored, packaged, and administered and provides for accountability of controlled
substances.

AA.g.5)(c)

The pharmaceutical company of choice shall possess the capability of producing drug
information forms to be distributed on site by the prescribing psychiatrist or certified
nurse specialist (CNS). The drug information form shall be drug specific and include a
patient signature line and date.

AA.g.5)(d)

The Contractor's formulary shall encompass an acceptable range of medications that
includes both new and older generation medications, as well as generic equivalents.
The Contractor shall have in place a non-formulary request process. The Contractor
shall provide the State with a copy of the Contractor's formulary as requested.

AA.g.6)

The Contractor shall furnish all durable medical equipment and prosthetics including but not
limited to eyeglasses, hearing aids, and dentures.

A.4.g.7)

In the event it is the opinion of the Contractor's Medical Director that a prosthesis is medically
indicated, then said prosthesis shall be provided by the Contractor as per TDOC policy 113.08.

AA.g.8)

The Contractor shall be responsible for security services for inpatient care during the
confinement period for which the Contractor is financially responsible, other than at a
Departmental facility. Contractor shall provide security at an off-site medical facility after the
Department assumes responsibility, if requested to do so by the Department. In such instances,
the State shall reimburse the Contractor for the actual cost of providing such security services.
For the purpose of utilization management, the Contractor shall notify in writing the State's
medical services contractor of all hospital admissions within 24 hours of the inpatient admission.

AA.g.9)

Mental Health. The Contractor shall provide routine and ancillary services as defined per Policy
113.80. Per policy services are defined as "Interventions which provide for the detection,
diagnosis, treatment and referral of inmates/patients with mental health problems and the
provision of a supportive environment when deemed clinically necessary." All programming
curriculum shall be annually approved in written form by the institutional psychologist. The
Contractor shall develop and have in place program outcome measures that shall be reviewed
by the State's Director of Mental Health Services and/or her designee. The State reserves the
right to modify the curriculum and recommend reasonable program delivery change if it is
determined that participants are not benefiting.

AA.g.10)

Sex Offender. The Contractor shall provide a sex offender aftercare treatment program that
conforms to the department's policies and procedures. The State shall, when applicable,
provide specialized training for sexual offender treatment programs. The Contractor shall follow
the program philosophy and design standards as presented by the State.

AA.g.11)

Substance Abuse. The Contractor shall provide substance abuse treatment services that
emphasize an evidence-based program curriculum in a therapeutic community setting. All

12

RFS-329.44-004

treatment services shall adhere to TDOC policy 113.95 (Substance Abuse Service Delivery). All
program curriculum must be approved by TDOC before use.
A.4.g.12)

Notwithstanding any provision contained herein to the contrary, the Contractor shall be
responsible for the cost of providing all health, medical, mental health, and dental services,
including but not limited to inpatient hospitalization, any surgery and specialty services,
medications, specialty clinics, medically related transportation and the costs associated with the
provision of services described in this section unless specifically excluded or limited below under
Exclusions And Limitations.

A.4.g.13)

Exclusions and Limitations.

A.4.h.

A.4.i.

A.4.g.13)(a)

If the inmate is hospitalized, the Contractor shall not be responsible for InpatientHospital Costs which exceed $4,000.00 per Inmate per admission. The Department's
Medical Contractor shall be responsible for utilization management of all hospital cases.
Accordingly, once the Inmate has been determined medically stable, the Department's
Medical Contractor shall decide if a hospital transfer is appropriate to manage the
remainder of the hospital admission. In accordance with the Standards, the Contractor
may request than an Inmate be either temporarily or permanently transferred to DeBerry
Special Needs Facility (DSNF). Upon written approval by the DSNF Medical Director,
the Inmate will be transferred to DSNF for evaluation and/or treatment. If an Inmate is
housed and treated at DSNF, the Department will assume financial responsibility for
expenses incurred within its facility. Provided, however, notwithstanding any provision
contained herein to the contrary, any Inmate medical expenses resulting from the
negligence or willful wrongdoing of the Contractor, its officers, agents or employees,
shall be fully paid for by the Contractor.

A.4.g.13)(b)

The Contractor shall not be responsible for the cost of providing anti-retroviral
medications therapeutically indicated for the treatment of Inmates with AIDS or HIV
infection.

Food Service.

A.4.h.1)

Contractor will provide food service for the Inmates and volunteers in accordance with the
Standards, including but not limited to the provision of special diets and three (3) meals for each
Inmate served at regular times during each twenty-four (24) hour period with no more than
fourteen (14) hours between the evening meal and breakfast.

A.4.h.2)

The Contractor shall not be required to follow the Department's master menu, but the food
service area must comply with State health regulations and the Standards. At a minimum the
amount of daily calories must conform with the recommended dietary allowances published by
the National Academy of Sciences. Menus shall be approved by a registered dietician. Menus
and dietary allowances shall be filed with the Contract Management Unit.

A.4.h.3)

The Contractor is strongly encouraged to purchase food products from Tennessee's
Comprehensive Food Service Program production center. The Contractor is strongly
encouraged to purchase milk and other beverage products offered by TRICOR.

Laundrv. Inmate Clothing and Hygiene.
A.4.i.1)

Contractor will provide complete Inmate laundry services, Inmate clothing and bed linen
(including pillows, pillow cases, sheets, blankets), and towels in accordance with the Standards.

A.4.i.2)

Contractor shall implement the procedures described in the Proposal to ensure the issue of
clean, usable bed linen, towels, shoes and clothing to all Inmates.

A.4.i.3)

Contractor shall provide Indigent Inmates with soap, toothbrush, toothpaste, comb, deodorant,
and all other necessary hygiene supplies.

A.4.i.4)

Pursuant to Tennessee Code Annotated § 41-21-234(a) all Inmates shall be clothed in the
TOOC uniforms (shirts, pants and jackets) manufactured by TRICOR and the Contractor shall be
responsible for providing the clothing. This is to be provided for in the per diem rate which the
Contractor charges TDOC.

13

RFS-329.44-004

A.4.j.

Recreation.
AA.j.1 )

Consistent with the Standards, the Contractor shall provide facilities, equipment and supplies for
indoor and outdoor recreational and leisure time programs for the Inmate population.

A.4.j.2)

Contractor shall provide for a comprehensive recreational program supervised by a qualified
person and shall set forth the number of hours of outdoor recreation available to each Inmate.
On or before June 11,2007, Contractor shall submit to the Department one (1) hard copy and
one (1) electronic version (in Word if possible) of the written policy and procedure which shall
provide the specifics of said program and shall be subject to the prior written approval of the
State.

A .4.k.

Transportation.

A.4.k.1 )

The Contractor will be responsible for the following Inmate transportation:

A.4.k.1 )(a)

All transportation between the Facility and the State's Turney Center located in Only,
Tennessee to connect with central transportation system vehicles, to include
transportation of Inmates initially assigned to the Facility and other Inmates being
transferred to and from the Facility for various reasons.

A.4.k.1 )(b)

All transportation within the Local Area; and

A.4.k.1 )(c)

Transportation outside the Local Area, as necessary, when the Department's central
transportation is unavailable or time restricts inter-institutional transfer, including but not
limited to administrative transfers initiated by the Warden and approved by the
Commissioner's designee, and missed or late notification of court dates.

A.4.k.2)

The Contractor shall provide security in conformance with the Standards while transporting
Inmates.

A.4.k.3)

The Department will be responsible for all other Inmate transportation via connection at Turney
Center Industrial Prison for Department-mandated moves of prisoner groups for assignment
purposes.

A.4.1.

Inmate Commissarv.
A.4.1.1)

Contractor will provide a commissary for Inmates which shall supply only those non-consumable
items approved by the Department in writing and such consumable items as the Contractor
approves.

A.4.1.2)

The Contractor may not have items in the Commissary that are prohibited by Departmental
policy.

A.4.1.3)

Commissary items shall be sold at a price determined by TDOC Policy 209.01 and subject to the
prior written approval by the Commissioner or his designee. All profits derived from the
Commissary operation shall be retained by Contractor. Contractor shall utilize the statewide
Inmate Trust Fund system for all commissary transactions.

A.4.m.

Mail. Contractor will provide pick up and delivery of Inmate mail in compliance with the Standards.
Contractor will furnish first class postage to Indigent Inmates for the mailing of legal documents to courts
or legal counsel and a reasonable amount of postage for other purposes as per TDOC policy 507.02.
The Contractor shall follow the TDOC mail policy to include all special approved package programs.

AA.n.

Religious Services. Contractor will designate adequate staff, volunteers and space within the Facility for
religious services and provide religious programs and/or religious services in compliance with the
Departmental Policy.

A.4.o.

Inmate Grievance Procedure. Contractor will comply with Departmental policies and procedures
regarding the Inmate grievance process and the Department's system for maintaining grievance-related
records, as said policies and/or system may be revised during the term of this Contract.

A.4.p.

Security.

14

RFS-329.44-004

AA.p.1 )

Contractor shall provide security in accordance with the Standards at all times in the Facility,
and while Contractor is transporting Inmates and at all other times unless relieved of said
obligation by the Commissioner in writing. All Contractor policies and procedures regarding
security shall be provided to the State via one (1) hard copy and one (1) electronic version (in
Word if possible) on or before June 11,2007. Said policies and procedures shall be in
accordance with the Standards and subject to written approval by the State prior to
implementation. Contractor shall comply with said policies and procedures during the term of
this Contract. All Inmate program activities in accordance with the Standards shall take place
within the Facility. No Inmate shall leave the Facility except under security escort unless
provided for by Department policy.

AA.p.2)

At a minimum, the Contractor shall provide security, perimeter control, Facility control, control
center function, post orders, security patrols, security inspections, counting procedures, key
control, procedure for search and control of contraband, tool control, escape plan detection,
appropriate use of security equipment, use of restraints, use of firearms and chemical agents,
tactical unit procedure, inspections, housing unit assignment plans and internal and external
movement control procedures and periodic shakedowns. Security procedures will be in
compliance with Departmental policy when applicable.

A.4.q.

Visitation. Contractor shall designate physical space and provide appropriate security and supervision for
indoor and outdoor visitation in accordance with applicable Standards, no less frequently than at
comparable Department facilities. Contractor shall furnish State with a written attorney visitation policy
via one (1) hard copy and one (1) electronic version (in Word if possible) no later than June 11,2007.

A.4.r.

Access to Courts. Contractor shall provide Inmates with constitutionally required access to the courts as
required by the Standards.

AA.s.

Inmate Discipline.

A.4.t.

AA.s.1 )

The Contractor shall implement Department Inmate disciplinary rules and procedures as they
may be amended by the Department.

AA.s.2)

All disciplinary processes and board activities must strictly adhere to Department Policies
502.01, 502.01.1,502.02, 502.04, and 502.05.

AA.s.3)

Contractor agrees that no Inmate will be disciplined except in accordance with this Section and
the Standards.

AA.sA)

The Contractor shall use the present or any future system established by the Department for
recording disciplinary information.

Use of Force.
A.4.t.1 )

The Contractor shall comply with Departmental Policies on the use of force. Any internal
policies and procedures and revisions thereto shall be in accordance with the Standards and
subject to written approval by the State.

A.4.t.2)

Notwithstanding any provision contained herein to the contrary, no use of force shall be allowed
by Contractor except as in accordance with the Standards.

AA.t.3)

Contractor's employees shall be allowed to use force only

AA.t.3)(a)

While on the grounds of the Facility;

AA.t.3)(b)

While transporting Inmates;

AA.t.3)(c)

During periods of community hospitalization;

AA.t.3)(d)

During court proceedings;

A.4.t.3)(e)

While pursuing escapees from the Facility if the Commissioner requests said pursuit;
and

15

RFS-329.44-004

A.4.t.3)(f)

A.4.tA)

Contractor's employees shall be authorized to use such non-deadly force as the circumstances
require only in the following situations:

A.4.tA)(a)

To prevent the commission of a felony or misdemeanor, including escape;

AA.tA)(b)

To defend themselves or others against physical assault;

AA.t.4)(c)

To prevent serious damage to property;

A.4.tA)(d)

To enforce institutional regulations and orders; and

A.4.t.4)(e)

To prevent or quell a riot or disturbance.

AA.t.5)

AA.u.

While supervising Inmates away from the Facility and then only in accordance with the
policies and procedures described in (a) and (b) above.

Contractor's employees shall be authorized and trained to use deadly force in accordance with
TDOC Policy 506.08 and the Standards. The Contractor's employees authorized to use firearms
must at a minimum meet the qualifications set forth in T.CA. 62-35-117. Deadly force may be
used only as a last resort and then may be used only to prevent escape, to prevent the loss of
life or serious bodily harm, or to quell a rebellion, riot, or disturbance in which loss of life or
serious injury to an individual is imminent. Only those employees who are appropriately trained
and, if applicable, authorized by law shall be authorized to carry and use firearms.

Sentence Reduction Credits.

AA.u.1 )

Sentence credits shall be handled in accordance with TDOC Policy 505.01.

A.4.u.2)

The decision on award or forfeiture of sentence credits remains solely with the Department.

A.4.v.

Sentence Computation. Contractor shall provide the State with essential data and information relating to
sentence computation. All sentence computations, including calculation of Inmate release and parole
dates, shall be done by the Department and copies furnished to Contractor and Inmates. All other record
keeping functions (e.g. posting of disciplinary reports, filing, updating Inmate assignments, custody
levels, etc.) are the responsibility of the Contractor.

A.4.w.

Records and Reports.

A.4.w.1)

Contractor shall provide for comprehensive operations and Inmate record and reporting systems
for the Facility in compliance with the Standards and Department policy including the automated
Inmate records and reporting system operated by the Department which shall include but not be
limited to the following:

A.4.w.1 )(a)

Inmate institutional records on each Inmate including, but not limited to, personal data,
personal inventory receipts, disciplinary action reports, incident reports, release
information, classification and counseling records, dental, psychiatric and medical
records.

A.4.w.1)(b)

documentation regarding complaints against Contractor's staff, the number and nature
of violent or other disruptive incidents among Inmates or against staff, the number and
nature of disciplinary actions against staff, the rate at which Inmates complete programs
successfully, the number of Inmates productively active and the level of production;

A.4.w.1)(c)

identification of all Inmates at the Facility and their actual assigned physical location
within the Facility;

A.4.w.1 )(d)

identification of Facility staff and other authorized persons who have direct access to
Inmate records; and

AA.w.1)(e)

provision of all reports requested by the State in writing for monitoring or evaluation of
the Contract or any court-ordered compliance.

The system shall adhere to the Standards governing confidentiality.
16

RFS-329.44-004
AA.w.2)

The Contractor shall maintain permanent logs in addition to shift reports that record routine and
emergency situations. Each shift shall maintain records of pertinent information regarding
individual Inmates and groups of Inmates. These records shall be compiled daily and reviewed
by appropriate supervisory staff.

AA.w.3)

All computer equipment and communication lines necessary to interface with the Department's
Tennessee Offender Management Information System (TOMIS) will be provided by the
Department at no cost to the Contractor.

AA.wA)

Contractor will be required to incorporate into its operation all new systems developed to report
and track Inmate record information designated by the Commissioner.

AA.w.5)

Upon request, all records, reports and documents will be made available immediately to the
Contract Liaison for review. At the conclusion of the Contract, all records shall be turned over to
the Department.

AA.w.6)

The Contractor shall prepare and submit to the Contract Liaison such reports as are required by
the State. Unless otherwise notified in writing by the Contract Liaison, these reports include the
following which must be Submitted on a monthly basis:

AA.w.6)(a)

Unusual Occurrence Reports

AA.w.6)(b)

Incident Reports

A.4.w.6)(c)

Disciplinary Reports

A.4.w.6)(d)

Medical Summaries

AA.w.6)(e)

Program Activity Summaries

AA.w.6)(f)

Inmate Grievances

AA.w.7)

A.4.x.

Contractor shall promptly notify the Contract Liaison whenever an Inmate leaves the Facility on
court order.

Escapes.

A.4.x.1 )

The Contractor shall exercise its best efforts to prevent escapes from the Facility. If the
frequency of escapes or attempted escapes shall be in excess of the frequency of escapes or
attempted escapes from comparable State facilities without good cause or shall exhibit a
disregard for the safety of the general public, the State may declare the Contractor in Breach
pursuant to Section EA. Said determinations shall be within the sole judgment of the
Commissioner.

AA.x.2)

In the event of an escape resulting in whole or part from Contractor's failure to perform pursuant
to the provisions of this Contract, the State may seek damages in a court of competent
jurisdiction.

AA.y.

Post Orders.

A.4.y.1 )

Contractor shall develop and submit to the State, as soon as each is available, one (1) hard
copy and one (1) electronic version (in Word if possible), but no later than June 11, 2007, Post
Orders required by this Contract in compliance with the Standards.

A.4.y.2)

Post Orders shall be by post and shift and shall include Post Orders for all security positions.

AA.z.

Policy Audit. The Contractor shall be inspected or audited at least annually in accordance with TDOC
Policy 103.07 with respect to the implementation of at least those policies and procedures listed in
Appendix C. The Contractor may, in addition and at its own expense, elect to have a policy audit
conducted using personnel independent from the Contractor. The implementation will be in compliance
with Tennessee Department of Correction Policies 103.07 and the Contractor will respond as required. In
the event an audit reveals a Breach, as defined in Section EA., by the Contractor, the State shall have
available the remedies set out in Section EA.
17

RFS-329.44-004

AA.aa.

Inmate Work.

AA.aa.1)

The Contractor shall establish work programs in accordance with the Standards.

AA.aa.2)

Inmate work is subject to the written approval of the Commissioner pursuant to T.CA 41-24-110
or as the same may be modified or amended in the future.

AA.aa.3)

Any minimum restricted or higher custody Inmate working outside the secured perimeter must
be under armed supervision.

AA.aaA)

The Contractor will be allowed to use Inmate labor for Facility operations and maintenance to
the same extent Inmate labor is utilized in other State facilities pursuant to State policy and not
for the benefit of the Contractor. The Contractor shall submit Inmate job descriptions for the
State's written approval via TOMIS before assigning jobs to Inmates. Job assignments and reassignments shall be made by the Contractor only after the job description has been approved
in writing by the State. No Inmate shall ever be placed in a position of authority or control over
another.

AA.aa.5)

In emergency situations, the Department, in its sole discretion, may require the Contractor to
furnish Inmates and security for outside work crews. Labor costs of security services associated
therewith shall be reimbursed at the Contractor's actual cost, pius expenses and cost of
operation.

AA.aa.6)

Inmates shall not perform services or produce goods for use outside the Facility except upon
written consent of the Commissioner.

AA.aa.7)

The Department shall provide Inmates with sentence reduction credits. The Contractor shall be
responsible for establishing and administering a compensation program at its expense, which
will include Inmate pay in compliance with the Standards.

AA.bb.

TRICOR.

AA.bb.1)

TRICOR currently has in place at the Facility an industry program that provides Inmate jobs.
The Contractor and TRICOR may negotiate for the continuation or expansion of the TRICOR
industry program at the Facility and/or other issues related to the industry program deemed
appropriate by both parties. In the event the Contractor chooses not to use the Inmate jobs
provided through TRICOR industry program, the Contractor shall be responsible for all costs
associated with the transfer of the program to another facility, including but not limited to costs of
development of a relocation plan, physical relocation of equipment and raw materials,
installation of equipment at new site(s), lost production, lost sales, relocation of staff, recruitment
of staff, retraining of work force, renovation of new site(s), and vendor contract costs. Security
for such industry program(s) shall be provided by the Contractor. Industry supervision and
management for TRICOR programs shall be provided by TRICOR.

AA.bb.2)

The Contractor is strongly encouraged to purchase consumable items used in the performance
of this contract from TRICOR when costs and quality of products are similar to products
otherwise purchased by the Contractor in performance of this contract.

A.4.cc.

Vocational and Academic Education. Contractor shall furnish vocational and academic education as set
forth in the Standards, at its expense.

AA.dd.

Classification.

AA.dd.1 )

Contractor shall comply with Departmental policies regarding classification and reclassification
services.

AA.dd.2)

Contractor shall be required to maintain classification information which conforms to the
Department's system.

AA.ee.

Inmate Trust Fund. Contractor shall maintain an Inmate trust fund according to Department policies and
shall implement the plan contained in its Proposal governing use of the Department's trust fund
procedures.

18

RFS-329.44-004

A.4.ff.

Sanitation and Hygiene. The Contractor shall provide for sanitation and hygiene in accordance with the
Standards.

AA.gg.

Computer Software. The State shall retain proprietary rights to all State provided software utilized in
connection with this Contract.

AA.hh.

Inmate Drug Testing. The Contractor will conduct drug tests in accordance with Departmental Policy
506.21 and 113.95. The Contractor will be responsible for all costs. All positive drug screens shall be
confirmed through a second methodology. The selection of inmates to be tested at random will be the
responsibility of TDOC (State).

AA.ii.

Resumption of Control.

AA.ii.1 )

Contractor shall review and comment on the Department's plan for resumption of control within
15 days following its receipt by the Contractor. The plan will provide for the orderly transfer of
control of the Facility from the Contractor to the Department, both temporarily, and under any
conditions of termination. Contractor agrees to implement said plan upon written notice from
Commissioner.

A.4.ii.2)

Said plan will also provide for emergency assumption of control by the Department of whole or
part of the Facility under conditions of natural disaster, in the event of riot or insurrection or other
emergency circumstances wherein the Commissioner deems it necessary for the State to
assume temporary or permanent control of the Facility. The Commissioner shall determine
whether and to what extent an emergency circumstance exists in his sole discretion. Contractor
shall be responsible for any expense the State may incur in the event the Department assumes
emergency control of the Facility and the Contractor's payment shall be reduced commensurate
with the reduction in services provided by Contractor during the emergency period. The State
may withhold these amounts from any other amounts which may otherwise be due Contractor.
The plan shall address Contractor's resumption of control after the circumstances causing the
emergency assumption has ended. The plan will provide for the transfer of all records to the
Department.

AA.jj.

Accreditation. The Contractor shall maintain, at its expense, ACA re-accreditation of the Facility.

AA.kk.

Inmate and Staff Identification. Contractor shall comply with the procedures in the Standards for Inmate
and staff identification including but not limited to, uniforms, fingerprinting and photographing.

AA.II.

Inmate Personal Propertv Space. Contractor shall follow Department policy on Inmate personal property.

AA.mm. Librarv. A general Inmate library will be provided and operated by Contractor in accordance with the
Standards.
A.4.nn.

Volunteer Services. Contractor shall implement the plans provided for volunteer service programs
described in the Proposal in accordance with the Standards. At a minimum, the Contractor shall provide
for supervision and monitoring of the program and security background checks for volunteer applicants.
Contractor shall establish and maintain a Local Volunteer Advisory Board.

AA.oo.

Release Payments for Inmates. The Contractor shall follow Departmental policy regarding transportation
for discharged Inmates and discharge payments to said Inmates. The Contractor shall make such
payments at its own expense without reimbursement from the State.

A.4.pp. Space for Board of Paroles/Institutional Parole Officer. Contractor shall provide a hearing room for the
Board of Paroles two (2) days per month or as otherwise requested by the Board. The hearing room shall
be large enough to comfortably accommodate three (3) Board members and fifteen (15) visitors. The
Contractor shall provide local telephone service and furniture for the hearing room. The Contractor shall
also provide furnished office space five (5) days each month, or as otherwise requested by the Board, for
the institutional parole officer.
AA.qq.

A.5.

Rehabilitative Services. The Contractor shall provide rehabilitative services in accordance with the
Standards. Such services shall include, but not be limited to counseling, pre-release and transitional
services.

STAFFING/EMPLOYEES

19

RFS-329.44-004

A.5.a.

Independent Contractor. Contractor is associated with the State only for the purposes and to the extent
set forth in this Contract. With respect to the performance of the management services set out herein,
Contractor is and shall be an independent Contractor. The Contractor's agents and employees shall not
accrue leave, retirement, insurance, bonding, use of State vehicles or any other benefit afforded to the
employees of the State as a result of this Contract. Contractor, its agents and employees shall not be
considered agents or employees of the State.

A5.b.

Executive Officer. The Facility and its programs shall be managed by a single executive officer employed
by the Contractor (sometimes referred to herein as "Warden"). The executive officer shall be subject to
the prior written approval of the State.

A5.c.

Organization. The Facility shall be managed according to the organizational chart submitted with the
Proposal. Any modification or alteration to the management plan shown on said chart shall require the
prior written approval of the State.

A.5.d.

Personnel. Notwithstanding any provision contained herein to the contrary, Contractor shall provide
adequate staff to fulfill its obligations under this Contract, which shall be at a minimum the number of staff
set forth in the Proposal. Security staff vacancies shall be filled within thirty (30) days and all other
vacancies shall be filled in forty-five (45) days; provided, however, that during the period of any vacancy,
the services associated with said position shall be provided by Contractor unless the Commissioner has
agreed in writing to the contrary with a reduction in the per diem rate as defined in Section C.11. The
Contractor staff turnover ratio for security personnel shall not exceed fifty percent (50%) annually as of
each June 30.

A5.e.

Staffing Pattern/Security Post Assignment.

A.5.e.1 )

Contractor shall provide sufficient staff to ensure the appropriate supervision of Inmates at all
times and at a minimum shall abide by and fulfill the staffing pattern submitted with its Proposal.

A.5.e.2)

At a minimum, Contractor shall abide by and fulfill the security post assignment schedule in its
Proposal which details by day and shift the security positions and hours of work. Said security
post assignment schedule shall include designation of critical posts. The Contractor shall
submit Post Orders and a security post assignment roster for the prior written approval of the
State.

A.5.e.3)

If the State determines at any time that the staffing pattern and/or security post assignment
schedule is inadequate, the Contractor agrees to place additional employees at the Facility
and/or revise and implement the revisions to its staffing pattern and security post assignment. If
Contractor is required to increase staff, it may request an adjustment in the per diem pursuant to
Section C.11 .

A.5.e.4)

Any revisions to the staffing pattern and/or security post assignment require the prior written
approval of the State. Contractor shall submit monthly staffing reports on or before the fifth (5th)
of each month describing for the preceding month whether and to what extent Contractor has
complied with the staffing pattern, security post assignment, and monthly post assignment.
Staffing patterns are determined by security and program requirements and associated
workloads. If changed circumstances modify those requirements or workloads the Contractor
and/or the State will review those changed circumstances and a formal review will determine any
changes in staffing requirements at the sole discretion of the State.

A.5.f.

Job Descriptions.
A.5.f.1)

Contractor shall abide by the written job descriptions for each position in the staffing pattern as
provided in the Proposal, including but not limited to job title, responsibility and required
minimum experience and education.

A.5.f.2)

Any revisions or modifications of the job descriptions require the prior written approval of the
State.

A.5.g.

Personnel Records. A personnel record shall be maintained for each employee at the Facility which at a
minimum shall contain the following: application, background investigation, dates of employment, training,
performance evaluations, and disciplinary actions. The Contractor shall obtain a signed statement from
each employee authorizing the State to have access to the personnel record.

20

RFS-329.44-004

A5.h.

Staffing Reports. On or before the fifth (5th) day of each month, Contractor shall submit a report to the
Liaison providing the following information:

A.5.h.1)

the number of employees hired, indicating position, the date of termination and the date the
position was vacated;

A.5.h.2)

the number of employees whose employment had been terminated for whatever reason whether
voluntarily or involuntary, including reason for termination and position;

A.5.h.3)

whether any position on the staffing pattern was vacant and for how many days.

A5.i.

Reduction in Staff.
A.5.i.1)

Contractor shall immediately notify the Liaison if any positions on the staffing pattern are vacant.

A.5.i.2)

If a position described in subsection 1) remains vacant in excess of the time allowed in A5.d,
then the State shall have the option of exercising the remedies available in Section EA.

A.5.j.

Background Checks.
A.5.j.1)

Prior to employment with Contractor, applicants shall be subjected to a thorough background
investigation, including criminal, employment, and medical histories. The background
investigation for applicants for correctional officer positions shall also include psychological
history, and such applicants shall be required to be certified by a qualified mental health
professional as being free from any disorder as described in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders of the American Psychiatric Association that would, in
the professional judgment of the examiner, impair the subject's ability to perform any essential
function of the job or would cause the applicant to pose a direct threat to safety. Employment
histories must go back a minimum of five (5) years. All criminal background checks shall be
completed by TDOC without charge to the Contractor.

A.5.j.2)

A Security Addendum required by Title 28, Code of Federal Regulations Part 20, is appended
hereto as Appendix F and incorporated by reference herein.

A5.k.

Hiring Preference. Department employees who have been laid off shall also be given a hiring preference
in the staffing of the Facility according to T.CA. 41-24-101, et seq., and shall comply with T.C.A.,
Sections 41-24-112 and 41-24-113 in all respects, as those sections may be modified or amended in the
future. Background checks (reference A.5.j.) provided by TDOC may be used for any former TDOC
correctional officers with less than one year's lapse of service.

A5.1.

State Assistance.
A.5.1.1)

During the term of the Contract, Contractor shall send a representative(s) to participate in
periodic meetings regarding Departmental activities and shall send a representative(s) to
sessions in which relevant policy modifications are being discussed or presented.

A.5.1.2)

Contractor shall receive written notice of the time, place and agenda of the meetings or sessions
described in subsection 1) at the same time Department employees are provided notice.

A.5.1.3)

Said meetings or sessions shall be held within the State, and Contractor shall bear any and all
expense associated with its representative(s) being present.

A.5.1.4)

The Department shall supply Contractor with technical assistance, consultation and
informational support consistent with that provided other comparable institutions in accordance
with the Standards provided, however, said support shall consist solely of advice and
consultation.

A5.m.

Training. Contractor shall provide training programs for all employees in accordance with the Standards.
All costs incurred for said orientation and training programs shall be borne by Contractor. The
Contractor's employees shall receive at least the same number of hours of orientation, pre-service, and
in-service training as required by ACA Standards.
The Liaison shall be permitted to review training curricula and other training-related records and to audit
training classes at any time.
21

RFS-329.44-004

B.

C.

A.S.n.

Drug Free Work Force. Contractor shall at all times maintain a drug free work force and shall implement
the plan contained in its Proposal for maintenance of a drug free work force and the employee assistance
program described in its Proposal.

A.5.o.

Compliance with T.C.A. § 4-6-143. The Contractor shall comply with T.CA. § 4-6-143 including but not
limited to compensation for teachers.

CONTRACT TERM:
B.1.

Contract Term. This Contract shall be effective for the period commencing on July 1,2007, and ending on June
30, 2010. The State shall have no obligation for services rendered by the Contractor which are not performed
within the specified period.

B.2.

Term Extension. The State reserves the right to extend this Contract for an additional two-year period, provided
that the State notifies the Contractor in writing of its intention to do so on or before March 1, 2010. An extension
of the term of this Contract will be effected through an amendment to the Contract. If the extension of the
Contract necessitates additional funding beyond that which was included in the original Contract, the increase in
the State's maximum liability will also be effected through an amendment to the Contract and shall be based
upon rates provided for in the original contract.

PAYMENT TERMS AND CONDITIONS:
C.1.

Maximum Liabilitv. In no event shall the maximum liability of the State under this Contract exceed seventy four
million six hundred eighty seven thousand dollars ($74,687,000). The Payment Rates in Section C.3 shall
constitute the entire compensation due the Contractor for the Service and all of the Contractor's obligations
hereunder regardless of the difficulty, materials or equipment required. The Payment Rates include, but are not
limited to, all applicable taxes, fees, overheads, profit, and all other direct and indirect costs incurred or to be
incurred by the Contractor.
The Contractor is not entitled to be paid the maximum liability for any period under the Contract or any
extensions of the Contract for work not requested by the State. The maximum liability represents available
funds for payment to the Contractor and does not guarantee payment of any such funds to the Contractor under
this Contract unless the State requests work and the Contractor performs said work. In which case, the
Contractor shall be paid in accordance with Payment Rates detailed in Section C.3. The State is under no
obligation to request work from the Contractor in any specific dollar amounts or to request any work at all from
the Contractor during any period of this Contract.

C.2.

Compensation Firm. The Service Rates and the Maximum Liability of the State under this Contract are firm for
the duration of the Contract and are not subject to escalation for any reason unless amended.

C.3.

Payment Methodology. The Contractor shall be compensated based on the Service Rates herein for units of
service authorized by the State in a total amount not to exceed the Contract Maximum Liability established in
Section C. 1. The Contractor's compensation shall be contingent upon the satisfactory completion of units of
service or project milestones defined in Section A. The Contractor shall be compensated based upon the
following Service Rates:
SERVICE

AMOUNT

Incarceration Dollar Charge Per Inmate Per Day (Per Diem**) at the
Facility for JUly 1, 2007 - June 30, 2008

$39.60

Incarceration Dollar Charge Per Inmate Per Day (Per Diem**) at the
Facility for July 1, 2008 - June 30, 2009

$40.49

Incarceration Dollar Charge Per Inmate Per Day (Per Diem**) at the
Facility for July 1, 2009 - June 30, 2010

$41.40

Incarceration Dollar Charge Per Inmate Per Day (Per Diem**) at the
Facility for July 1, 2010 - June 30, 2011 *

$42.33

Incarceration Dollar Charge Per Inmate Per Day (Per Diem**) at the
Facility for July 1, 2011 - June 30, 2012*

$43.29

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RFS-329.44-004

* Rate would apply if this contract is extended by amendment.
** The Per Diem payment will be made only for Inmates actually incarcerated at the Facility, except Per Diem

payment shall be made for any Inmate hospitalized at a non departmental facility during the period when the
Contractor is responsible for said hospitalization expense. No Per Diem shall be paid for any Inmate out on
court order. See definition of court orders at section A.1.
The Contractor shall submit monthly invoices, in form and substance acceptable to the State with all of the
necessary supporting documentation, prior to any payment. Such invoices shall be submitted for completed
units of service or project milestones for the amount stipulated.
CA.

Travel Compensation. The Contractor shall not be compensated or reimbursed for travel, meals, or lodging.

C.s.

Payment of Invoice. The payment of the invoice by the State shall not prejudice the State's right to object to or
question any invoice or matter in relation thereto. Such payment by the State shall neither be construed as
acceptance of any part of the work or service provided nor as an approval of any of the amounts invoiced
therein.

C.6.

Invoice Reductions. The Contractor's invoice shall be subject to reduction for amounts included in any invoice
or payment theretofore made which are determined by the State, on the basis of audits conducted in
accordance with the terms of this contract, not to constitute proper remuneration for compensable services.

C.?

Deductions. The State reserves the right to deduct from amounts which are or shall become due and payable to
the Contractor under this or any contract between the Contractor and the State of Tennessee any amounts
which are or shall become due and payable to the State of Tennessee by the Contractor.

C.8.

Automatic Deposits. The Contractor shall complete and sign an "Authorization Agreement for Automatic Deposit
(ACH Credits) Form." This form shall be provided to the Contractor by the State. Once this form has been
completed and submitted to the State by the Contractor all payments to the Contractor, under this or any other
contract the Contractor has with the State of Tennessee shall be made by Automated Clearing House (ACH).
The Contractor shall not invoice the State for services until the Contractor has completed this form and
submitted it to the State.

C.9.

Expansion. In the event the State exercises its right to construct additional buildings at the Facility and/or to
expand the capacity of existing buildings at the Facility, the parties will negotiate a Per Diem Rate for such
additional Inmates, it being the intent of the parties that the State will pay only the marginal costs for such
additional Inmates. In no event shall negotiated marginal costs for additional Inmates exceed the rates in the
Contractor's original proposal.

C.10.

Billing Disputes. If the amount to be paid to Contractor is disputed by the State, the State, on or before the date
the invoice is payable, shall advise the Contractor of the basis for the dispute and, in the manner provided
above, pay the amount of such invoice which is not in dispute.

C.11.

Compensation Adjustment for Change of Services.
C.11.a. The parties recognize that each has entered into this Contract based upon the Standards in effect as of
the Effective Date of the Contract. Contractor agrees to be bound by any applicable Standard change
and said change shall not affect the validity of this Contract. If a change occurs in an applicable
Standard other than as provided in subsection b) herein, either party may notify the other in writing if it is
believed said change shall affect the services delivered by the Contractor. The Commissioner shall make
the final, binding decision regarding whether a change has occurred in an applicable Standard and
whether said change affects the services rendered by the Contractor. Any adjustment in compensation
due the Contractor shall be determined in accordance with subsection d).
C.11.b. If Contractor desires to make minor revisions to its Proposal which will not affect its ability to comply with
the other Standards, the Contractor shall notify the Commissioner of said proposed revision in writing.
Said minor revisions to the Proposal may occur only upon the prior written consent of the Commissioner.
It shall be within the Commissioner's sole discretion whether or not to agree to said minor revision and his
decision shall be binding. Any adjustment in compensation resulting from said minor revision shall be
determined in accordance with subsection d). This provision is an exception to Sections E.38. and E.39.
C.11.c. In the event Contractor may receive payments or compensation of any nature for services it is obligated to
perform under this Contract from any source, including but not limited to federal, state or local authority,
or any third party, other than the compensation described in this Contract, Contractor shall receive prior
23

RFS-329.44-004

written consent and direction from the State prior to receiving any such additional compensation. The
State may withhold a comparable amount from any payments due the Contractor. In the event said
additional compensation is used to provide enhanced or innovative services at the Facility as compared
to the services provided by the Department at comparable facilities, Contractor must still receive prior
written consent from the State prior to receiving said compensation before the Contractor may retain
those funds. The Commissioner shall decide whether the funds will be used to provide enhanced or
innovative services at the Facility.
C.11.d. Within thirty (30) days of the notices required in subsections a) through c) above, Contractor shall provide
State with the proposed adjustment in compensation and appropriate documentation in support thereof.
The Commissioner shall decide whether and to what extent an adjustment in Per Diem Rate is
appropriate. In the event the proposed adjustment decreases the Per Diem Rate then the Commissioner
may agree to reduce said Per Diem Rate, provided, however, in the event the proposed adjustment
increases the Per Diem Rate then the Per Diem Rate may be increased only by amendment to this
Contract as described in Section E.38.
C.12.

Failure to Agree on Billing Dispute or for Additional or Reduced Services.
C.12.a. In the event Contractor disagrees with the State's failure to pay a disputed amount under Section C.1 0,
disagrees with the adjustment in compensation determined by the Commissioner under Section C.11 or
disagrees with any other aspect or amount of payment made by the State then the Contractor shall
submit a claim and the grounds for said disagreement in writing to the Commissioner within thirty (30)
days of the date the State either makes partial payment of the disputed bill or refuses disputed bill in its
entirety. Failure of the Contractor to submit said claim and grounds to the Commissioner in writing within
the time period described herein shall be an absolute waiver of said claim. The State shall be afforded a
sixty (60) day period in which to review the claim and effect a cure or take reasonable steps to effect a
cure, if it deems a cure appropriate.
C.12.b. In the event the Contractor timely provides the notice described in subsection a), then Contractor may file
a claim against the State before the appropriate forum in Tennessee with jurisdiction to hear said claim.
Failure by the Contractor to file a claim before the appropriate forum in Tennessee with jurisdiction to
hear said claim within one (1) year of the notice described in subsection a) shall operate as a waiver of
said claim in its entirety. It is agreed by the parties that this provision establishes a Contractual period of
limitations for any claim brought by the Contractor. Neither this Section nor any other provision of this
Contract creates or expands jurisdiction of any court or commission over the State.

D.

STANDARD TERMS AND CONDITIONS:

0.1.

Required Approvals. The State is not bound by this Contract until it is approved by the appropriate State officials in
accordance with applicable Tennessee State laws and regulations.

0.2.

Modification and Amendment. This Contract may be modified only by a written amendment executed by all parties
hereto and approved by the appropriate Tennessee State officials in accordance with applicable Tennessee State
laws and regulations.

0.3.

Termination for Convenience. The State may terminate this Contract without cause for any reason. Said termination
shall not be deemed a Breach of Contract by the State. The State shall give the Contractor at least ninety (90) days
written notice before the effective termination date. The Contractor shall be entitled to receive compensation for
satisfactory, authorized service completed as of the termination date, but in no event shall the State be liable to the
Contractor for compensation for any service which has not been rendered. Upon such termination, the Contractor
shall have no right to any actual general, special, incidental, consequential, or any other damages whatsoever of any
description or amount.

0.4.

Termination for Cause. If the Contractor fails to properly perform its obligations under this Contract in a timely or
proper manner, or if the Contractor violates any terms of this Contract, the State shall have the right to immediately
terminate the Contract and withhold payments in excess of fair compensation for completed services.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for damages sustained by
virtue of any breach of this Contract by the Contractor.

0.5.

Subcontracting. The Contractor shall not assign this Contract or enter into a subcontract for any of the services
performed under this Contract without obtaining the prior written approval of the State. If such subcontracts are
approved by the State, they shall contain, at a minimum, sections of this Contract pertaining to "Conflicts of Interest"
and "Nondiscrimination" (sections 0.6. and 0.7.). Notwithstanding any use of approved subcontractors, the
Contractor shall be the prime contractor and shall be responsible for all work performed.

24

RFS-329.44-004

0.6.

Conflicts of Interest. The Contractor warrants that no part of the total Contract Amount shall be paid directly or
indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for
acting as an officer, agent, employee, subcontractor, or consultant to the Contractor in connection with any work
contemplated or performed relative to this Contract.

0.7.

Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no person shall be excluded from
participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract
or in the employment practices of the Contractor on the grounds of disability, age, race, color, religion, sex, national
origin, or any other classification protected by Federal, Tennessee State constitutional, or statutory law. The
Contractor shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available
to all employees and applicants, notices of nondiscrimination.

0.8

Prohibition of Illegal Immigrants. The requirements of Public Acts of 2006, Chapter Number 878, of the state of
Tennessee, addressing the use of illegal immigrants in the performance of any contract to supply goods or services
to the state of Tennessee, shall be a material provision of this Contract, a breach of which shall be grounds for
monetary and other penalties, up to and including termination of this Contract.
a.

The Contractor hereby attests, certifies, warrants, and assures that the Contractor shall not knowingly utilize
the services of an illegal immigrant in the performance of this Contract and shall not knowingly utilize the
services of any subcontractor who will utilize the services of an illegal immigrant in the performance of this
Contract. The Contractor shall reaffirm this attestation, in writing, by submitting to the State a completed
and signed copy of the document as Attachment 1, hereto, semi-annually during the period of this Contract.
Such attestations shall be maintained by the contractor and made available to state officials upon request.

b.

Prior to the use of any subcontractor in the performance of this Contract, and semi-annually thereafter,
during the period of this Contract, the Contractor shall obtain and retain a current, written attestation that
the subcontractor shall not knowingly utilize the services of an illegal immigrant to perform work relative to
this Contract and shall not knowingly utilize the services of any subcontractor who will utilize the services of
an illegal immigrant to perform work relative to this Contract. Attestations obtained from such
subcontractors shall be maintained by the contractor and made available to state officials upon request.

c.

The Contractor shall maintain records for all personnel used in the performance of this Contract. Said
records shall be subject to review and random inspection at any reasonable time upon reasonable notice by
the State.

d.

The Contractor understands and agrees that failure to comply with this section will be subject to the
sanctions of Public Chapter 878 of 2006 for acts or omissions occurring after its effective date. This law
requires the Commissioner of Finance and Administration to prohibit a contractor from contracting with, or
submitting an offer, proposal, or bid to contract with the State of Tennessee to supply goods or services for
a period of one year after a contractor is discovered to have knowingly used the services of illegal
immigrants during the performance of this contract.

e.

For purposes of this Contract, "illegal immigrant" shall be defined as any person who is not either a United
States citizen, a Lawful Permanent Resident, or a person whose physical presence in the United States is
authorized or allowed by the federal Department of Homeland Security and who, under federal immigration
laws and/or regulations, is authorized to be employed in the U.S. or is otherwise authorized to provide
services under the Contract.

0.9.

Records. The Contractor shall maintain documentation for all charges against the State under this Contract. The
books, records, and documents of the Contractor, insofar as they relate to work performed or money received under
this contract, shall be maintained for a period of three (3) full years from the date of the final payment and shall be
subject to audit at any reasonable time and upon reasonable notice by the State, the Comptroller of the Treasury, or
their duly appointed representatives. The financial statements shall be prepared in accordance with generally
accepted accounting principles.

0.10.

Monitoring. The Contractor's activities conducted and records maintained pursuant to this Contract shall be subject
to monitoring and evaluation by the State, the Comptroller of the Treasury, or their duly appointed representatives.

0.11.

Progress Reports. The Contractor shall submit brief, periodic, progress reports to the State as requested.

0.12.

Strict Performance. Failure by any party to this Contract to insist in anyone or more cases upon the strict
performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a
waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract
shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

25

RFS-329.44·004

0.13.

Independent Contractor. The parties hereto, in the performance of this Contract, shall not act as employees,
partners, joint venturers, or associates of one another. It is expressly acknowledged by the parties hereto that such
parties are independent contracting entities and that nothing in this Contract shall be construed to create an
employer/employee relationship or to allow either to exercise control or direction over the manner or method by
which the other transacts its business affairs or provides its usual services. The employees or agents of one party
shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever.
The Contractor, being an independent contractor and not an employee of the State, agrees to carry adequate public
liability and other appropriate forms of insurance, including adequate public liability and other appropriate forms of
insurance on the Contractor's employees, and to pay all applicable taxes incident to this Contract.

0.14.

State Liability. The State shall have no liability except as specifically provided in this Contract.

0.15.

Force Majeure. The obligations of the parties to this contract are subject to prevention by causes beyond the parties'
control that could not be avoided by the exercise of due care including, but not limited to, acts of God, riots, wars,
strikes, epidemics or any other similar cause.

0.16.

State and Federal Compliance. The Contractor shall comply with all applicable State and Federal laws and
regulations in the performance of this Contract.

0.17.

Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of
Tennessee. The Contractor agrees that it will be subject to the exclusive jurisdiction of the courts of the State of
Tennessee in actions that may arise under this Contract. The Contractor acknowledges and agrees that any rights
or claims against the State of Tennessee or its employees hereunder, and any remedies arising there from, shall be
subject to and limited to those rights and remedies, if any, available under Tennessee Code Annotated, Sections 98-101 th rough 9-8-407.

0.18.

Completeness. This Contract is complete and contains the entire understanding between the parties relating to the
subject matter contained herein, including all the terms and conditions of the parties' agreement. This Contract
supersedes any and all prior understandings, representations, negotiations, and agreements between the parties
relating hereto, whether written or oral.

0.19.

Severability. If any terms and conditions of this Contract are held to be invalid or unenforceable as a matter of law,
the other terms and conditions hereof shall not be affected thereby and shall remain in full force and effect. To this
end, the terms and conditions of this Contract are declared severable.

0.20.

Headings. Section headings of this Contract are for reference purposes only and shall not be construed as part of
this Contract.

E.

SPECIAL TERMS AND CONDITIONS:

E.1.

Conflicting Terms and Conditions. Should any of these special terms and conditions conflict with any other terms
and conditions of this Contract, these special terms and conditions shall control.

E.2.

Communications and Contacts. All instructions, notices, consents, demands, or other communications required or
contemplated by this Contract shall be in writing and shall be made by facsimile transmission, by overnight courier
service, or by first class mail, postage prepaid, addressed to the respective party at the appropriate facsimile number
or address as set forth below or to such other party, facsimile number, or address as may be hereafter specified by
written notice.
The State:
George M. Little, Commissioner
Department of Correction
th
6 Floor, Rachel Jackson Building
th
320 6 Avenue North
Nashville, Tennessee 37243-0465
TELEPHONE NUMBER: (615) 741-1000
FACSIMILE NUMBER: (615) 532-8281
The Contractor:
John D. Ferguson, President and Chief Executive Officer
Corrections Corporation of America
10 Burton Hills Boulevard
Nashville, Tennessee 37215
TELEPHONE NUMBER (615) 263-3000
26

RFS-329.44-004

FACSIMILE NUMBER (615) 263-3090
All instructions, notices, consents, demands, or other communications shall be considered effectively given as of the
day of delivery; as of the date specified for overnight courier service delivery; as of three (3)business days after the
date of mailing; or on the day the facsimile transmission is received mechanically by the telefax machine at the
receiving location and receipt is verbally confirmed by the sender if prior to 4:30 p.m. CST. Any communication by
facsimile transmission shall also be sent by United States mail on the same date of the facsimile transmission.

E.3.

Subject to Funds Availability. The Contract is subject to the appropriation and availability of State and/or Federal
funds. In the event that the funds are not appropriated or are otherwise unavailable, the State reserves the right to
terminate the Contract upon written notice to the Contractor. Said termination shall not be deemed a breach of
Contract by the State. Upon receipt of the written notice, the Contractor shall cease all work associated with the
Contract. Should such an event occur, the Contractor shall be entitled to compensation for all satisfactory and
authorized services completed as of the termination date. Upon such termination, the Contractor shall have no right
to recover from the State any actual, general, special, incidental, consequential, or any other damages whatsoever
of any description or amount.

EA.

Breach. A party shall be deemed to have breached the Contract if any of the following occurs:
-

failure to perform in accordance with any term or provision of the Contract;
partial performance of any term or provision of the Contract;
any act prohibited or restricted by the Contract, or
violation of any warranty.

For purposes of this contract, these items shall hereinafter be referred to as a "Breach."
a.

Contractor Breach- The State shall notify Contractor in writing of a Breach.
(1)

In event of a Breach by Contractor, the state shall have available the remedy of Actual Damages
and any other remedy available at law or equity.

(2)

Liquidated Damages- In the event of a Breach, the State may assess Liquidated Damages. The
State shall notify the Contractor of amounts to be assessed as Liquidated Damages. The parties
agree that due to the complicated nature of the Contractor's obligations under this Contract it
would be difficult to specifically designate a monetary amount for a Breach by Contractor as said
amounts are likely to be uncertain and not easily proven. Contractor hereby represents and
covenants it has carefully reviewed the Liquidated Damages contained in above referenced,
Appendix E and agree that said amounts represent a reasonable relationship between the
amount and what might reasonably be expected in the event of Breach, and are a reasonable
estimate of the damages that would occur from a Breach. It is hereby agreed between the parties
that the Liquidated Damages represent solely the damages and injuries sustained by the State in
losing the benefit of the bargain with Contractor and do not include any injury or damage sustained
by a third party. The Contractor agrees that the liquidated damage amount is in addition to any
amounts Contractor may owe the State pursuant to the indemnity provision or other section of this
Contract.
The State may continue to withhold the Liquidated Damages or a portion thereof until the
Contractor cures the Breach, the State exercises its option to declare a Partial Default, or the State
terminates the Contract. The State is not obligated to assess Liquidated Damages before availing
itself of any other remedy. The State may choose to discontinue Liquidated Damages and avail
itself of any other remedy available under this Contract or at law or equity; provided, however,
Contractor shall receive a credit for said Liquidated Damages previously withheld except in the
event of a Partial Default.

(3)

Partial Default- In the event of a Breach, the State may declare a Partial Default. In which case,
the State shall provide the Contractor written notice of: (1) the date which Contractor shall
terminate prOViding the service associated with the Breach; and (2) the date the State will begin to
provide the service associated with the Breach. Notwithstanding the foregoing, the State may
revise the time periods contained in the notice written to the Contractor.
In the event the State declares a Partial Default, the State may withhold, together with any other
damages associated with the Breach, from the amounts due the Contractor the greater of: (1)
amounts which would be paid the Contractor to provide the defaulted service; or (2) the cost to the
State of providing the defaulted service, whether said service is provided by the State or a third
27

RFS-329.44·004

party. To determine the amount the Contractor is being paid for any particular service, the
Department shall be entitled to receive within five (5) days any requested material from Contractor.
The State shall make the final and binding determination of said amount.
The State may assess Liquidated Damages against the Contractor for any failure to perform which
ultimately results in a Partial Default with said Liquidated Damages to cease when said Partial
Default is effective. Upon Partial Default, the Contractor shall have no right to recover from the
State any actual, general, special, incidental, consequential, or any other damages whatsoever of
any description or amount. Contractor agrees to cooperate fully with the State in the event a
Partial Default is taken.
(4)

b.

Contract Termination- In the event of a Breach, the State may terminate the Contract immediately
or in stages. The Contractor shall be notified of the termination in writing by the State. Said notice
shall hereinafter be referred to as Termination Notice. The Termination Notice may specify either
that the termination is to be effective immediately, on a date certain in the future, or that the
Contractor shall cease operations under this Contract in stages. In the event of a termination, the
State may withhold any amounts which may be due Contractor without waiver of any other remedy
or damages available to the State at law or at equity. The Contractor shall be liable to the State
for any and all damages incurred by the State and any and all expenses incurred by the State
which exceed the amount the State would have paid Contractor under this Contract. Contractor
agrees to cooperate with the State in the event of a Contract Termination or Partial Takeover.

State Breach- In the event of a Breach of contract by the State, the Contractor shall notify the State in
writing within 30 days of any Breach of contract by the State. Said notice shall contain a description of the
Breach. Failure by the Contractor to provide said written notice shall operate as an absolute waiver by the
Contractor of the State's Breach. In no event shall any Breach on the part of the State excuse the
Contractor from full performance under this Contract. In the event of Breach by the State, the Contractor
may avail itself of any remedy at law in the forum with appropriate jurisdiction; provided, however, failure by
the Contractor to give the State written notice and opportunity to cure as described herein operates as a
waiver of the State's Breach. Failure by the Contractor to file a claim before the appropriate forum in
Tennessee with jurisdiction to hear such claim within one (1) year of the written notice of Breach shall
operate as a waiver of said claim in its entirety. It is agreed by the parties this provision establishes a
contractual period of limitations for any claim brought by the Contractor.

E.5.

Partial Takeover. The State may, at its convenience and without cause, exercise a partial takeover of any service
which the Contractor is obligated to perform under this Contract, including but not limited to any service which is the
subject of a subcontract between Contractor and a third party, although the Contractor is not in Breach (hereinafter
referred to as "Partial Takeover"). Said Partial Takeover shall not be deemed a Breach of Contract by the State.
Contractor shall be given at least 30 days prior written notice of said Partial Takeover with said notice to specify the
area(s) of service the State will assume and the date of said assumption. Any Partial Takeover by the State shall
not alter in any way Contractor's other obligations under this Contract. The State may withhold from amounts due
the Contractor the amount the Contractor would have been paid to deliver the service as determined by the State.
The amounts shall be withheld effective as of the date the State assumes the service. Upon Partial Takeover, the
Contractor shall have no right to recover from the State any actual, general, special, incidental, consequential, or any
other damages whatsoever of any description or amount.

E.6.

Performance Bond. Upon approval of the Contract by all appropriate State officials in accordance with applicable
State laws and regulations, the Contractor shall furnish a performance bond in the amount equal to five million
dollars ($5,000,000), guaranteeing full and faithful performance of all undertakings and obligations under this
Contract for the initial Contract term and all extensions thereof. The bond shall be in the manner and form
prescribed by the State and must be issued through a company licensed to issue such a bond in the State of
Tennessee.
The Contractor shall obtain the required performance bond in form and substance acceptable to the State and
provide it to the State no later than June 18, 2007. Failure to provide the performance bond prior to the deadline as
required shall result in contract termination.
In lieu of a performance bond, a surety deposit, in the sum of five million dollars ($5,000,000), may be substituted if
approved by the State prior to its submittal.

E.7.

Printing Authorization. The Contractor agrees that no publication coming within the jurisdiction of Tennessee Code
Annotated, Section 12-7-101, et. seq., shall be printed unless a printing authorization number has been obtained
and affixed as required by Tennessee Code Annotated, Section 12-7-103 (d).

28

RFS-329.44-004

E.8.

Competitive Procurements. This Contract provides for reimbursement of the cost of goods, materials, supplies,
equipment, or services. Such procurements shall be made on a competitive basis, where practical.

E.g.

State Interest in Equipment-Uniform Commercial Code Security Aqreement. The Contractor shall take legal title to
all equipment and to all motor vehicles, hereinafter referred to as "equipment," purchased totally or in part with funds
provided under this Contract, subject to the State's equitable interest therein, to the extent of its pro rata share,
based upon the State's contribution to the purchase price. "Equipment" shall be defined as an article of
nonexpendable, tangible, personal property having a useful life of more than one year and an acquisition cost which
equals or exceeds $5,000.00.
As authorized by the provisions of the terms of the Tennessee Uniform Commercial Code- Secured Transaction,
found at Title 47, Chapter 9 of the Tennessee Code Annotated, and the provisions of the Tennessee Motor Vehicle
Title and Registration Law, found at Title 55, Chapter 1 of the Tennessee Code Annotated, an intent of this
Contract document and the parties hereto is to create and acknowledge a security interest in favor of the State in the
equipment or motor vehicles acquired by the Contractor pursuant to the provisions of this Contract document. A
further intent of this Contract document is to acknowledge and continue the security interest in favor of the State in
the equipment or motor vehicles acquired by the Contractor pursuant to the provisions of this program's prior year
Contracts between the State and the Contractor.
The Contractor hereto grants the State a security interest in said equipment. This agreement is intended to be a
security agreement pursuant to the Uniform Commercial Code for any of the equipment herein specified which,
under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and the
Contractor hereby grants the State a security interest in said equipment. The Contractor agrees that the State may
file this Contract or a reproduction thereof, in any appropriate office, as a financing statement for any of the
equipment herein specified. Any reproduction of this or any other security agreement or financing statement shall be
sufficient as a financing statement. In addition, the Contractor agrees to execute and deliver to the State, upon the
State's request, any financing statements, as well as extensions, renewals, and amendments thereof, and
reproduction of this Contract in such form as the State may require to perfect a security interest with respect to said
equipment. The Contractor shall pay all costs of filing such financing statements and any extensions, renewals,
amendments and releases thereof, and shall pay all reasonable costs and expenses of any record searches for
financing statements the State may reasonably require. Without the prior written consent of the State, the
Contractor shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security
interest in said equipment, including replacements and additions thereto. Upon the Contractor's breach of any
covenant or agreement contained in this Contract, including the covenants to pay when due all sums secured by this
Contract, the State shall have the remedies of a secured party under the Uniform Commercial Code and, at the
State's option, may also invoke the remedies herein provided.
The Contractor agrees to be responsible for the accountability, maintenance, management, and inventory of all
property purchased totally or in part with funds provided under this Contract. The Contractor shall maintain a
perpetual inventory system for all equipment purchased with funds provided under this Contract and shall submit an
inventory control report which must include, at a minimum, the following:
a.
b.
c.
d.
e.
f.
g.
h.
i.

Description of the equipment;
Manufacturer's serial number or other identification number, when applicable;
Consecutive inventory equipment tag identification;
Acquisition date, cost, and check number;
Percentage of state funds applied to the purchase;
Location within the Contractor's operations where the equipment is used;
Condition of the property or disposition date if Contractor no longer has possession;
Depreciation method, if applicable; and
Monthly depreciation amount, if applicable.

The Contractor shall tag equipment with an identification number which is cross referenced to the equipment item on
the inventory control report. The Contractor shall inventory equipment annually. The Contractor must compare the
results of the inventory with the inventory control report and investigate any differences. The Contractor must then
adjust the inventory control report to reflect the results of the physical inventory and subsequent investigation.
The Contractor shall notify the State, in writing, of any equipment loss describing reason(s) for the loss. Should the
equipment be destroyed, lost, or stolen, the Contractor shall be responsible to the State for the pro rata amount of
the residual value at the time of loss based upon the State's original contribution to the purchase price.
The Contractor shall submit its inventory control report of all equipment purchased with the final invoice submitted
under this Contract. This inventory control report shall contain, at a minimum, the requirements specified above for
inventory control.
Upon termination of the Contract, where a further contractual relationship is not entered into, or at another time
29

RFS-329.44-004

during the term of the Contract, the Contractor shall request written approval from the State for any proposed
disposition of equipment purchased pursuant to this Contract. All equipment shall be disposed of in such a manner
as parties may agree from among alternatives approved by Tennessee Department of General Services and in
accordance with any applicable federal laws or regulations.
E.10.

State Furnished Property. The Contractor shall be responsible for the correct use, maintenance, and protection of all
articles of nonexpendable, tangible, personal property furnished by the State for the Contractor's temporary use
under this Contract. Upon termination of this Contract, all property furnished shall be returned to the State in good
order and condition as when received, reasonable use and wear thereof excepted. Should the property be
destroyed, lost, or stolen, the Contractor shall be responsible to the State for the residual value of the property at the
time of loss.

E.11.

Incorporation of Additional Documents. Included in this Contract by reference are the following documents:
a.
b.
c.
d.
e.

The Contract document and its attachments
All Clarifications and addenda made to the Contractor's Proposal
The Request for Proposal and its associated amendments
Technical Specifications provided to the Contractor
The Contractor's Proposal

In the event of a discrepancy or ambiguity regarding the Contractor's duties, responsibilities, and performance under
this Contract, these documents shall govern in order of precedence detailed above.
E.12.

Lobbying. The Contractor certifies, to the best of its knowledge and belief, that:
No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, and
entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any federal contract, grant, loan, or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative
agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-grants, subcontracts, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients of federally appropriated funds shall certify and disclose accordingly.

E.13.

Public Funding Notice. All notices, informational pamphlets, press releases, research reports, signs, and similar
public notices prepared and released by the Contractor relative to this Contract shall include the statement, "This
project is funded under an agreement with the State of Tennessee." Any such notices by the Contractor shall be
approved by the State.

E.14.

Prohibited Advertising. The Contractor shall not refer to this Contract or the Contractor's relationship with the State
hereunder in commercial advertising in such a manner as to state or imply that the Contractor or the Contractor's
services are endorsed.

E.15.

Confidentiality of Records. Strict standards of confidentiality of records and information shall be maintained in
accordance with applicable state and federal law. All material and information, regardless of form, medium or
method of communication, provided to the Contractor by the State or acquired by the Contractor on behalf of the
State shall be regarded as confidential information in accordance with the provisions of applicable state and federal
law, state and federal rules and regulations, departmental policy, and ethical standards. Such confidential
information shall not be disclosed, and all necessary steps shall be taken by the Contractor to safeguard the
confidentiality of such material or information in conformance with applicable state and federal law, state and federal
rules and regulations, departmental policy, and ethical standards.
The Contractor's obligations under this section do not apply to information in the public domain; entering the public
domain but not from a breach by the Contractor of this Contract; previously possessed by the Contractor without
written obligations to the State to protect it; acquired by the Contractor without written restrictions against disclosure
from a third party which, to the Contractor's knowledge, is free to disclose the information; independently developed
by the Contractor without the use of the State's information; or, disclosed by the State to others without restrictions
against disclosure. Nothing in this paragraph shall permit Contractor to disclose any information that is confidential
30

RFS-329.44-004

under federal or state law or regulations, regardless of whether it has been disclosed or made available to the
Contractor due to intentional or negligent actions or inactions of agents of the State or third parties.
It is expressly understood and agreed the obligations set forth in this section shall survive the termination of this
Contract.
E.16.

Public Accountability. If the Contractor is subject to Tennessee Code Annotated, Title 8, Chapter 4, Part 4 or if this
Contract involves the provision of services to citizens by the Contractor on behalf of the State, the Contractor agrees
to establish a system through which recipients of services may present grievances about the operation of the service
program, and the Contractor shall display in a prominent place, located near the passageway through which the
public enters in order to receive services pursuant to this contract, a sign at least twelve inches (12") in height and
eighteen inches (18") in width stating:
NOTICE: THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU OBSERVE AN AGENCY DIRECTOR
OR EMPLOYEE ENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TO BE ILLEGAL, IMPROPER, OR
WASTEFUL, PLEASE CALL THE STATE COMPTROLLER'S TOLL-FREE HOTLINE: 1-800-232-5454

E.17.

Environmental Tobacco Smoke. Pursuant to the provisions of the federal "Pro-Children Act of 1994" and the
Tennessee "Children's Act for Clean Indoor Air of 1995," the Contractor shall prohibit smoking of tobacco products
within any indoor premises in which services are provided pursuant to this Contract to individuals under the age of
eighteen (18) years. The Contractor shall post "no smoking" signs in appropriate, permanent sites within such
premises. This prohibition shall be applicable during all hours, not just the hours in which children are present.
Violators of the prohibition may be subject to civil penalties and fines. This prohibition shall apply to and be made
part of any subcontract related to this Contract.

E.18.

Hold Harmless. The Contractor agrees to indemnify and hold harmless the State of Tennessee as well as its
officers, agents, and employees from and against any and all claims, liabilities, losses, and causes of action which
may arise, accrue, or result to any person, firm, corporation, or other entity which may be injured or damaged as a
result of acts, omissions, or negligence on the part of the Contractor, its employees, or any person acting for or on its
or their behalf relating to this Contract. The Contractor further agrees it shall be liable for the reasonable cost of
attorneys for the State in the event such service is necessitated to enforce the terms of this Contract or otherwise
enforce the obligations of the Contractor to the State.
In the event of any such suit or claim, the Contractor shall give the State immediate notice thereof and shall provide
all assistance required by the State in the State's defense. The State shall give the Contractor written notice of any
such claim or suit, and the Contractor shall have full right and obligation to conduct the Contractor's own defense
thereof. Nothing contained herein shall be deemed to accord to the Contractor, through its attorney(s), the right to
represent the State of Tennessee in any legal matter, such rights being governed by Tennessee Code Annotated,
Section 8-6-106.

E.19.

Tennessee Consolidated Retirement System. The Contractor acknowledges and understands that, subject to
statutory exceptions contained in Tennessee Code Annotated, Section 8-36-801, et. seq., the law governing the
Tennessee Consolidated Retirement System (TCRS), provides that if a retired member of TCRS, or of any
superseded system administered by TCRS, or of any local retirement fund established pursuant to Tennessee Code
Annotated, Title 8, Chapter 35, Part 3 accepts state employment, the member's retirement allowance is suspended
during the period of the employment. Accordingly and notwithstanding any provision of this Contract to the contrary,
the Contractor agrees that if it is later determined that the true nature of the working relationship between the
Contractor and the State under this Contract is that of "employee/employer" and not that of an independent
contractor, the Contractor may be required to repay to TCRS the amount of retirement benefits the Contractor
received from TCRS during the period of this Contract.

E.20.

Debarment and Suspension. The Contractor certifies, to the best of its knowledge and belief, that it and its
principals:
a.

are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal or State department or agency;

b.

have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment
rendered against them from commission of fraud, or a criminal offence in connection with obtaining
attempting to obtain, or performing a public (Federal, State, or Local) transaction or grant under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c.

are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,
State, or Local) with commission of any of the offenses detailed in section b. of this certification; and
31

RFS·329.44·004

d.

E.21.

have not within a three (3) year period preceding this Contract had one or more public transactions
(Federal, State, or Local) terminated for cause or default.

Indemnification Regarding Policies.
a.

The indemnification of Section E.18, includes but is not limited to, any claims or losses arising from the
promulgation or implementation of the Contractor's policies and procedures whether or not said policies and
procedures have been approved by the State.

b.

The indemnification of Section E.18. includes, but is not limited to any claims of the Contractor's
wrongdoing in implementing the Departmental policies listed in Appendix C.

c.

With regard to any claim that the Departmental policies listed on Appendix C are unlawful (i.e., the issue is
that the policies and procedures are lawful on their face), if the State is named as a party, the Attorney
General, his designee or an independent Contractor hired for that purpose will represent the State. The
Contractor will be responsible for its own defense. The State will be liable for any judgment against it and
the Contractor will be liable for any judgment against it. However, this subsection shall not apply if the
claim in any way arises from Contractor's failure to appropriately implement policy.

d.

The Contractor agrees to send copies of any and all documents which have been filed in any lawsuit
naming the Contractor and/or its employees in which concern the operation of the Facility under this
Contract to the State.

e.

Contractor shall not waive, release, or otherwise forfeit any possible defense the State may have regarding
claims arising from or made in connection with the operation of the Facility by Contractor without the
consent of the State. Contractor shall preserve all such available defenses and cooperate with the State to
make such defenses available to the maximum extent allowed by law.

E.22.

General Provisions. Unless otherwise required by the State, all insurance provided by the Contractor shall be in
conformance with the General Specifications for Insurance detailed in Appendix D. Upon written request by the
State, Contractor shall revise or supplement the insurance listed on Appendix D and may seek a compensation
adjustment pursuant to Section C.11.

E.23.

Types of Insurance. The Contractor shall continuously maintain and pay for insurance and insurance company
services meeting the general and specific provisions set forth in Appendix D during the term of this Contract, for the
following types of insurance:
a.

Workman's Compensation

b.

General Liability, excluding products and completed operations

c.

Products and Completed Operations Liability

d.

Business Automobile Liability

e.

Owned and Non-owned Aircraft Liability

f.

Umbrella/Excess Liability

g.

Director's and Officer's Liability

h.

Professional and Medical Liability covering nurses, attorneys, counselors, psychologists, and social
workers

i.

Property/Boiler and Machinery

j.

Employee Dishonesty

E.24.

Fire and Property Insurance. The State shall maintain all risk property insurance on the State's buildings which
comprise the Facility. The Contractor shall obtain and keep in force insurance on all property to be located at the
Facility.

E.25.

Defense/Immunity. Notwithstanding any provision contained herein to the contrary, the State does not waive any
immunity defenses which may exist by operation of law, including, but not limited to, limitations on the amount of
damages which may be awarded or paid.

E.26.

Financial Strength. The Contractor shall, prior to signing this Contract, file with the State audited financial
statements showing a net stockholders equity, calculated according to generally accepted accounting principles
32

RFS-329.44-004

consistently applied, of not less than five million dollars ($5,000,000). Thereafter, the Contractor shall file annually,
on or before April 1 of each year, the previous fiscal year end audited financial statements and if the net
stockholders equity of the company shall ever be less than five million dollars ($5,000,000), the State may declare
the Contractor in default unless the Contractor provides alternative evidence of equivalent financial worth within thirty
(30) days of demand by the State.
E.27.

Exception to General Indemnification. The indemnification provisions of this Section shall not apply to injury, death
or damage to property arising solely out of the negligence or misconduct of the State, its officers, agents, servants or
independent Contractors (other than Contractor) who are directly responsible to the State.

E.28.

Notwithstanding any other provision of this Contract to the contrary, nothing contained herein shall be interpreted to
authorize, allow or imply authority of the Contractor to do the following:

E.29.

a.

develop or implement procedures for calculating Inmate release and parole eligibility dates;

b.

develop and implement procedures for calculating and awarding sentence credits;

c.

approve Inmates for furlough and work release;

d.

approve the type of work an Inmate may perform, and the wages or sentence credits which may be
given to Inmates engaged in such work; and

e.

grant, deny or revoke sentence credits; place an Inmate under less restrictive custody or more
restrictive custody; or take any disciplinary actions; provided, however, that this Section shall not
prevent Contractor from making recommendations to the State with respect to any of the above in
conformance with Departmental policy. The Commissioner shall determine whether any action or
proposed action violates the provisions of this Section.

Contractor's Representations and Warranties.
a.

Representations of Contractor. Contractor represents and warrants to and for the benefit of State, with the
intent that State will rely thereon for purposes of entering into this Contract, as follows:

b.

The Contractor's Proposal, incorporated herein by reference, contains no material misrepresentations by
the Contractor. This Contract contains no factual changes from the Proposal submitted by the Contractor.

c.

Organization and Qualification. Contractor has been duly incorporated and is validly existing as a
corporation in good standing under the laws of the State of Maryland with power and authority to own its
properties and conduct its business as presently conducted. Contractor is duly qualified to do business as
a foreign corporation in good standing in Tennessee and shall so remain during the term of this Contract.

d.

Authorization. This Contract has been duly authorized, executed, and delivered by Contractor and,
assuming due execution by the appropriate State officials as indicated on the signature page of this
Contract and delivery by State, constitutes a legal, valid, and binding agreement enforceable against
Contractor in accordance with its terms.

e.

No Violation of Contract. Articles of Incorporation or Bylaws. The consummation of the transactions
contemplated by this Contract and its fulfillment of the terms hereof will not conflict with, or result in a
breach of any of the terms and provisions of, or constitute a default under any indenture, mortgage, deed of
trust, lease, loan agreement, license, security agreement, Contract, governmental license or permit, or
other agreement or instrument to which Contractor is a party or by which its properties are bound, or any
order, rule, or regulation of any court or any regulatory body, administrative agency, or their governmental
body applicable to Contractor or any of its properties, except any such conflict, breach, or default which
would not materially and adversely affect Contractor's ability to perform its obligations under this Contract,
and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default
under, the Articles of Incorporation (or other corresponding charter document) or Bylaws of Contractor.

f.

No Defaults under Agreements. Contractor is not in default, nor is there any event in existence which, with
notice or the passage of time or both, would constitute a default by Contractor, under any indenture,
mortgage, deed of trust, lease, loan agreement, license, security agreement, Contract, governmental
license or permit, or other agreement or instrument to which it is a party or by which any of its properties are
bound and which default would materially and adversely affect Contractor's ability to perform its obligations
under this Contract.

33

RFS-329.44-004

g.

Compliance with Laws. Contractor, its officers and directors purporting to act on behalf of Contractor or
such officers and directors have been conducting business in compliance with all applicable laws, rules,
and regulations of the jurisdictions in which Contractor is conducting business including all safety laws and
laws with respect to worker's compensation, discrimination in hiring, promotion or pay of employees.
Contractor warrants that Contractor, and its current and former officers and directors have no convictions
regarding criminal activity;
1.

no pending charges regarding criminal activity, or

2.

to their knowledge, no investigations on-going by any state, local or federal authorities regarding any
possible criminal activity, except as provided in writing.

h.

No Litigation. There is not now pending or, to the knowledge of Contractor, threatened, any action, suit, or
proceeding to which Contractor is or may be a party, before or by any court or governmental agency or
body, which might result in any material adverse change in Contractor's ability to perform its obligations
under this Contract, or any such action, suit, or proceeding related to environmental or civil rights matters;
and no labor disturbance by the employees of Contractor exists or is imminent which might materially and
adversely affect Contractor's ability to perform its obligations under this Contract.

i.

Financial Statements. Contractor has delivered to State copies of financial statements provided in its
Proposal. Contractor represents such financial statements fairly present the financial position of Contractor
at the dates shown and the results of the operations for the periods covered, and have been prepared in
conformity with generally accepted accounting principles applied on a consistent basis, except as discussed
in the notes to the financial statements.

j.

No Adverse Change. Since the date of Contractor's financial statements described in Section E.26.
provided to State, there has not been any material adverse change in Contractor's business or condition,
nor has there been any change in the assets or liabilities or financial condition of Contractor from that
reflected in such financial statements which is material to Contractor's ability to perform its obligations
under this Contract.

k.

Disclosure. There is no material fact which materially and adversely affects or in the future will (so far as
Contractor can now reasonably foresee) materially and adversely affect Contractor's ability to perform its
obligations under this Contract which has not been accurately set forth in this Contract or otherwise
accurately disclosed in writing to State by Contractor prior to the date hereof.

I.

Opinion of Contractor's Counsel. Contractor shall furnish to State an opinion of counsel in connection with
this Contract dated as of the date of the Contract. Such opinion shall address the Contractor's compliance
with applicable law, affirm its authority to enter into this Contract, indicate that the Contractor is not currently
in litigation or have notice of litigation that could cause the Contractor not to perform the terms of this
Contract, affirm the enforceability of this Contract in accordance with its terms, and affirm that the financial
statements provided by the Contractor were prepared in accordance with generally accepted accounting
principles.

E.30.

Binding Nature. This Contract shall not be binding until the State has received a Payment and Performance Bond as
required by the RFP and evidence of insurance required by the RFP and it is approved as provided in Section 0.1.

E.31.

Terminology and Definitions. All personal pronouns used in this Contract, whether used in the masculine, feminine,
or neuter gender, shall include all other genders; the singular shall include the plural and the plural shall include the
singular.

E.32.

Change in Owners. Contractor shall notify the State in writing of any change of ownership of the Contractor, through
sale or merger, which occurs during the term of the Contract. Contractor shall inform the State fully of the financial
ability of the new ownership to fully comply with the terms and conditions of the Contract. The State reserves the
right to terminate the Contract in the event of a change in ownership without penalty to the State or to consider the
failure to comply with the notification or financial reporting provisions as a Breach by the Contractor.

E.33.

Approval of Bond Counsel.
a.

Because construction of the Facility was funded through the issuance of tax exempt, general obligations
debt, the use and management of the Facility by the Contractor and any and all subcontractors in subject to
and constrained by the Federal Tax laws and regulations governing tax exempt financing. Therefore, this
Contract is subject to review by the State's bond counsel before approval.

34

------------------..- - -

RFS-329.44-004

b.

In addition, any use of the Facility by Contractor and all subcontractors, including, but not limited to, the
conduct of an industries program pursuant to Section A.4.bb of the Contract, which results in any payment
to the State, either directly or indirectly, is subject to review by the State's bond counsel before approval.

E.34.

Release. Contractor, upon final payment of the amount due under this Contract, releases the State, its officers and
employees, from all liabilities, claims and obligations whatsoever arising from or under this Contract. Contractor
agrees not to purport to bind the State to any obligation not expressly assumed herein by the State.

E.35.

Subcontracting and Assignment.
a.

The Contractor shall provide that all subcontractors are notified in writing prior to the execution of the
subcontract that the Facility is being funded through the issuance of tax exempt, general obligation debt
and that the use and management of the Facility by the Contractor and any and all subcontractors is
therefore subject to and constrained by the federal tax laws and regulations governing tax exempted
financing. The State may consult with its Bond Counsel to determine whether any assignment or
subcontract complies with such laws and regulations.

b.

The Contractor shall provide that all subcontracts may be assignable to the State at the State's sole
discretion. Any subcontract shall also provide that the State shall not be responsible for any outstanding
liability to the subcontractors incurred by the Contractor and that the State may terminate such subcontracts
upon giving thirty days prior written notice with or without cause.

c.

The Contractor shall not assign this Contract or enter into a subcontract for any of the services performed
under this Contract without obtaining the prior written approval of the State. If such subcontracts are
approved by the State, they shall contain, at a minimum, sections of this Contract pertaining to "Conflicts of
Interest" and "Nondiscrimination" (sections 0.6. and 0.7.).

Notwithstanding any use of approved subcontractors, the Contractor shall be the prime contractor and shall be
responsible for all work performed.
E.36.

Research Projects. Contractor shall not publish or disseminate any findings based on data obtained from the
operation of the Contract or engage in any research projects without the prior written consent of the Department.

E.37.

Sovereign Immunity. The sovereign immunity of the State shall not apply to the Contractor nor any subcontractor,
agent, employee, or insurer of the Contractor. Neither the Contractor nor any subcontractor, agent, employee, or
insurer of the Contractor may plead the defense of sovereign immunity in any action arising out of the performance
of or failure to perform any responsibility or duty under this Contract.

E.38.

Amendments. The terms and provisions of this Contract may be waived, altered, modified, amended, supplemented
or revised only by written amendment which has been executed and approved by the appropriate parties as
indicated on the signature page of the Contract. Neither the Liaison(s) or any other employee or official of the State
is authorized to modify, amend or waive the terms and provisions of this Contract except as provided in this Section.

E.39.

Waiver. No consent, waiver or excuse of any Breach of any of the terms or conditions of this Contract shall be held
to be a consent, waiver, or excuse of any other or subsequent Breach; nor shall any such waiver or excuse be valid
or binding unless the same shall be in writing and approved and executed by the party alleged to have granted the
waiver as indicated on the signature page of the Contract.

E.40.

Third Party Beneficiarv. Neither the Contractor nor the State intends to create rights for any third party by the
Contract and no third party beneficiary rights are created hereby. Third parties shall mean all persons except the
State and the Contractor, including but not limited to employees of Contractor, subcontractors of Contractor and
Inmates located at the Facility.

E.41.

Laws. The Contractor shall comply with all applicable federal, state, and local constitutions, laws, and regulations,
court decisions, Court Orders, and any applicable state and federal orders in the performance of the Contract
including but not limited to the provisions of T.C.A.. 41-24-101, et gg., which may be in effect during the term of this
Contract.

E.42.

Attorney Fees. The Contractor agrees that in the event either party deems it necessary to take legal action to
enforce any provision of the Contract and in the event the State prevails, the Contractor shall pay all expenses of
such action, including but not limited to the State's attorney fees and costs of all stages of the litigation.

35

RFS-329.44-004

EA3.

Approvals. Any policies, procedures or other documents contained or referenced in this Contract subject to the
State's approval under the terms this Contract shall remain subject to State prior written approval whenever they are
revised, amended, replaced or supplemented.

EA4.

Fraud/Misrepresentation. If, in the course of any stage under the RFP, Proposal evaluation, Contract negotiation,
Contract execution or term of the Contract, the Contractor commits fraud, misrepresentation or conspiracy to defraud
the State, the State shall have the right to pursue any remedies described in Section EA. and/or pursue any criminal
sanctions allowed by law.

EA5.

Financial Termination. The State may terminate the Contract without penalty to the State in the event the
Contractor:
a.

admits in writing its inability to pay its debts;

b.

makes a general assignment for the benefit of creditors;

c.

suffers a decree or order appointing a receiver or trustee for it or substantially all of its property to be entered
and, if entered without its consent, not to be stayed or discharged within 60 days;

d.

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 Contractor, not to be dismissed or stayed within
60 days; or

e.

suffers any judgment, unit 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 60 days after issue or
levy.

EA6.

Set-Off. The State reserves the right to deduct from amounts which are or shall become due and payable to the
Contractor under this or any Contract between the parties any amounts which are or shall become due and payable
to the State by the Contractor. The State may withhold any amounts which may otherwise be due the Contractor
without waiver of any other remedy or damages available to the State under this Contract at law or at equity.

EA7.

Construction. In the event of a dispute about the construction or interpretation of any provision of the Proposal, said
Proposal shall be construed in favor of the State. The parties agree that should a dispute arise involving the
construction or interpretation of the RFP or this Document, said documents shall not be construed or interpreted in
favor of either party.

EA8.

Written Notices. The necessity of written notices herein shall be strictly construed.

EA9.

Implied Covenants or Agreements. The State shall be bound only by the express, written terms contained herein
and shall not be bound by any implied covenants or agreements.

E.50.

Approvals. Contractor agrees to accept and implement any revisions, alterations or supplements suggested by the
State to any document, plan, policy or procedure which requires State approval.

E.51.

Notices. Failure of the State to provide any notice to Contractor described in this Contract whether or not the State
had knowledge of the appropriateness of said notice shall not relieve the Contractor of its obligation to perform in
accordance with the Contract and shall not be a waiver or excuse of any failure to perform.

E.52.

No Contingent Fees. No person or entity shall be employed or retained or given anything of monetary value on a
contingent fee basis to solicit or secure this Contract, except bona fide employees of Contractor (including proposed
subcontractors) or bona fide established commercial or professional entities retained by Contractor for the purpose
of securing business. For violation of this Section, in addition to the remedies available pursuant to Section EA.,
the State shall have the right to deduct from any amount owed Contractor the amount of such commission,
percentage, brokerage or contingent fee, and other benefit from the Contractor.

36

RFS-329,44-004

IN WITNESS WHEREOF:
CORRECTIONS CORPORATION OF AMERICA:

J,ohn D. Ferguson, President and Chief Executive Officer
\.__

Date

I

-'-oJ

APPROVED:
E AND ADMINISTRATION:

M.D.

ATTORNEY GENERAL AND REPORTER:

.'),

Treasury

37

RFS-329.44-004

ATTACHMENT 1

ATTESTATION RE PERSONNEL USED IN CONTRACT PERFORMANCE
SUBJECT CONTRACT NUMBER:

CONTRACTOR LEGAL ENTITY NAME:
FEDERAL EMPLOYER IDENTIFICATION NUMBER:
(or Social Security Number)

RFS 329.44-004

CORRECTIONS CORPORATION OF AMERICA
621806755

The Contractor, identified above, does hereby attest, certify, warrant, and assure that
the Contractor shall not knowingly utilize the services of an illegal immigrant in the
performance of this Contract and shall not knowingly utilize the services of any
subcontractor who will utilize the services of an illegal immigrant in the performance of
this Contract.

SIGNATURE & DATE:
NO:DCE: This 'attestation MUST be signed by anilndividual empowered to contractually bind the
Contractor. If said individual is not the chief executive or president, this document shall attach
evidence showing the individual's authority to contractually bind the Contractor.

38

RFS-329.44-004

Management and Operation of South Central Correctional Center
List of Contract Appendices

Appendix A

Description of Real Property

Appendix B

Personal Property Listing

Appendix C

Listing of TDOC Policies Applicable to the Contract

Appendix 0

General Specifications for Insurance

Appendix E

Liquidated Damages Schedule

Appendix F

Security Addendum

Appendix G

Performance and Cost Evaluation Form

39

RFS-329,44-004

APPENDIX A
The leasehold includes all structures built upon and all land contained
vvithin the boundaries described on Exhibit A attached hereto.
Being property acquired by the State of Tennessee, by order of
possession entered in the case of State of Tennessee v. Preston W.
CarrolL et al; Circuit Court of Wayne County, Tennessee, Docket No.
2827-A-251, entered on November 9, 1989; said Order recorded in Lien
Book 4, Page 696, at the Register's Office in Wayne County, Tennessee.
Specifically excluded from the leasehold are:
1.

The Boot Camp parcel and buildings (97.91 acres) described in the
last paragraph of Exhibit A, which property was acquired by the
State of Tennessee by instrument of record in Book 93, Page 123,
Register's Office in Wayne County, Tennessee.

2.

Sewage lagoon property conveyed by deed of record in Book 127,
Page 194, Register's Office in Wayne County, Tennessee, which
property is more particularly described on Exhibit B, attached
hereto.

3.

Building No.2, Industries Building.

40

APPENDIX A

RFS-329.44-004

EXHIBIT A

A tract of land in the Second Civil District, City of Clifton, Wayne County,
Tennessee, being more particularly descril)(~d as follows:
Being at a P.K. nail set in a gravel road commonly referred to as Carroll
Road, leading from State Route 114, said P.K. nail being the
southeasterly property corner of Lizzard Glade Cemetery as of record in
Deed Book 48, Page 297, R.O.W.C., Tennessee; thence,
1.

Leaving LizzardGlade Cemetery, with the centerline of CarroB
Road, S79°54'00"E, a distance of 458.00 feet to a P.K. nail set;
thence,

2.

S75°00'00"E, a distance of 100.00

3.

N87°27'00"E, a distance of 309.00 feet to a P.K. nail set; thence,

4.

S73°00'00"E, a distance of 69.30 feet to a P. K. nail set; thence,

5.

S60° 15'00"E, a distance of

6.

872°57'00"E, a distance of 200.00 feet to a P.K. nail set; thence,

7.

873°53'OO"E, a distance of 200.00 feet to a P.K. nail set; thence,

8.

S73°31 'OO"f~, a distance of 115.00 feet to a P.K. nail set; thence,

9.

S73 c'12'22"E, a dist.ance of 199.35 feet to a P.K. nail set.; said nail
being the most westerly property corner of a tract of land conveyed
to Billy Dicus and wife, Susie CaTTail Dicus; thence,

10.

Continuing with the centerline of Carroll Road, the southerly
property line of Billy Dicus and wife, Susie Carroll Dicus,
873"31 '25"E, a distance of 66.00 feet to a P.I\:. nail set; thence,

11.

878 0 14 '03"f<:, a distance of 49.50 to a P. K. n8il set; thence,

J :J.

S8R"35'48"F:, a distance of 66.00 feet to a P.K. nail set; thence,

l:L

N73"56'36"E:, a distance of 66.00 feet to a P.I\:. nail set, thence,

1<1.

~~()lo·2.5':)/1"E:.

1~15.00

fe(~t

to a P.K. nail set; thence,

feet to a P.K. nail set; thence,

a distance of 3300 feel to a

1'.1\:.

nail set, thence.

41

APPENDIX A

RFS-329.44-004

15.

Leaving the centerline of Carroll Road, with the southeasterly
property line of Billy Dicus and wife Susie Carroll 0 icus,
S83"54'16"E, a distance of 130.24 feet to an existing axle; thence,

16.

N 10 0 52'02''E, a disL.9.nce of 139.68 feet to a P.K. nail set in the
centerline of Carroll Road; thence,

17.

Continuing with said centerline, the southeasterly property line of
Billy Dicus and wife, Susie Carroll Dicus, N49" 19'18"E, a distance
of 88.44 feet to a P.K. nail set; thence,

18.

N47°27'15"E, a distance of 165.00 feet to a P.R. nail set; thence,

19.

N52"05'26"E, a distance of 66.00 feet to a P.K. nail set; thence,

20.

N59°54'16"E, a distance of 66.00 feet to a P.K. nail set; thence,

21.

N7004~)'15''E, a

22.

N73"55'05"E, a distance of 66.00 feet to a P.K. nail set; thence,

23.

N73°22'58"E, a distance of 66.00 feet to a P.K. nail set; thence,

24.

N71 o::'~4'39"E:, a distance of 18.48 feet to a P.K. nail set, thence,

25.

Leaving the ccnterline of Carroll I~oad, with the centerline of a
gnlvcl road 878°07'10"E, a distance of 50. 19 feet to an iron pin set;
said pin being the northwesterly property corner of a tract. of land
conveyed to .Joe Treece and wife, Patricia Tn":ece and daughter,
13illy ,Jean as of record in Deed Book 90, Page 66:3, l~.O.W.C",
Tennessee; thence,

26.

Leaving the centerline of said gravel road, with the westerly
property line of the Treece property, S06°53'46"W, a distance of
622.54 feet to an iron pin set; thence,

27.

Continuing with said property line of the Treece propelt)',
S84°15'49"E, a distance of 316.64 feet to an iron pin set; thence,

28.

With westerly pn>!K'.rty line of tilf'. Treece property and a U"act of
land convcvcd to II. F:' F)atrick by deed of record in Book 3~. Page
J i\8, I~.O.W .C., Tennessee, S04"03'45"W, a distance of 961.39 feet
t.o LIlI iron pill :,;ct; lIlCnce,

distance of 165.00 feet to a P.K. nail set; thence,

42

APPENDIX A

RFS-329.44-004

29.

With the westerly property line of H. E. Patrick, 881°33'33"E,
distance of 158.37 feet to an iron pin set; thence,

30.

S06°5~3'46"W, a

31.

N83°06'14"W, a distance of 330.00 feet to an iron pin set; thence,

32.

S06°53'46"W, a distance of 1,188.00 feet to an iI'on pin set; thence,

33.

Leaving the westerly property line of H. E. Patrick, with the
northerly property line of a tract of land conveyed to WiHamette
Industries, Inc., by deed of record in Book 62, Page 72, R.O.W.C.,
Tennessee, N83°06'14"W, a distance of 2,777.04 feet to an iron pin
set; thence,

34.

S 13°06'14"E, a distance of 12.13 feet to an iron pin sct; thence,

35.

S06°53'46"W, a dist.ance of 297.00 feet to an iron pin set; thence,

3f).

S26°53'46"W, a distance of 1,110.03 feet to an iron pin set; thence,

37.

With the northerly property line of a tract of land conveyed to
Willamette Industries, Inc., by deed of record in Book 62, Page 72,
RO.W.e., Tennessee, N83°06'14"W, a distance of 2,486.08 feet to
an iron pin set; thence,

~38.

N06°53'46"E, a distance of 2,316,90 feet to an iron pin set; thence,

39.

N83°06'14"W, a distance of 1,185.80 feet. to an iron pin set; thence,

"10.

N06°53'46"E, a distance of 210.97 feet to an iron pin set; said pin
being the southeastcrly property corner of a tract of land conveyed
to Willamette Industries, Inc., by deed of record in Book 62, Page
72, R.O.W.e., Tennessee; thence,

41.

N03°()6'14"W, a distance of 577.50 feet to an iron pin set; thence,

42.

With the easterly pwperty line of Willamette Industries, Inc., and a
tract of land conveyed to Robert E. Howard and Willi"ll11 S. Howard,
1II, by deed of record in Book 61, Page :::'->24, R.O.W.C., Tennessee,
in pan, NOfio53'46"E, a distance of 2,742.53 fcet to an iron pin set;
said pin being the southwesterly propeny corner of <'I 1.r;Jct of LUld
conveyed to Preston W. Carroll and ·wife, l)o"Oll1y Cole Can-oil by
dc(~d of reconJ in Book 49, !)agc~ 357, R.O.W.e., Tennessee; thellce,

H

distance of 1,297.00 feet to an iron pin set; thence,

43

APPENDIX A

RFS-329.44-004

43.

With the southerly property line of said Carroll property,
883°06'14"E, a distance of 3,531.00 feet to an iron pin set; said
pin being the northwesterly property corner of a tract land
conveyed to Tommy Clay Alley and wife, Mary ,Jane Alley by deed of
record in Book 112, Page 285, R.o.w.e., Tennessee; thence,

44.

With the westerly property line of Alley, S06°53'46"W, a distance of
148.50 feet to an iron pin set; thence,

45.

With the southerly property line of Alley, 878°06'14"E, a distance
of 148.50 teet to an iron pin set; thence,

46.

With the easterly property line of Alley, in part N06°S3'46"E, a
distance of 130.81 feet to a P.K. nail set in the centerline of Carroll
Road, thence,

47.

Leaving the easterly line of the Alley property with the centerline of
Carroll Road 863°53'19"E, a distance of 265.49 feet to a P.K. nail
set; thence,

48.

863°44'45"E, a distance of 344.77 feet to a P.K. nail set; said P.K.
nail being the southwesterly property corner of the Lizzard Glade
Cemetery; thence,

49.

With the southerly property line of the Lizzard Glade Cemetery
property, the centerline of Carroll Road 868°37'22"E, a distance of
77.70 feet to a P.K. nail set; t.hence,

50.

S79°40':~5"E, a distance of 111.38 feet to the point of beginning
and containing 699.6:) aCTCS, ITIOIT or less.

There is included in the above-description and acreage a tract of land that
was conveyed to the 8tate of Tennessee froIll the City of Clifton by deed of
record in Book 93, Page 123, I~.O. W .C., Tennessee, that contains 97.91
acres according to a survey for Preston Carrol! by Baker &, Baker
Surveyors, inc., Savannah, Tennessee, dated August 1, 1983.

44

APPENDIX A

RFS-329.44-004

EXHIBIT B
Certain real estate situated in the Second Civil District of Wayne County,
Tennessee and being more particularly described as follows:
Beginnning at an iron pin (new) 25 feet northwesterly fronl the centerline
of the Access Road to the South Central Correctional Center site, and
also being 819.72 feet south of and at 90 degree angles to a painton the
north line of State property and the south line of l"JresLon W. Carroll, et.
ux. (Deed Book 49 - Page 357), 608.50 feet westerly from the common
corner at the intersection of Third Street and Carroll Road; this iron pin
also having a North coordinate of 384,117.77 and an East Coordinate of
1,372,435.72 on the Tennessee State Plane Coordinate System, North
American Datum of 1983;
Thence, running southwesterly and parallel to aforenlentioned Access
Road along a curve to the left having a delta of 6 degrees 31 minutes 16
seconds, a radius of 1,275.00 feet, an arc length of 145.1 1 feet, and the
chord being South 22 degrees 00 minutes 12 seconds West - 145.()4 feet
to an iron pin (new);
Thence, running westerly away from Access Road, N 85 degrees 11
minutes 05 seconds West - 573.70 feet to an iron pin (new);
Thence, South 66 degrees 53 minutes 30 seconds West - 113.18 feet to
an iron pin (new);
Thence, South 4 degrees 48 minutes 55 seconds West - 682.00 feet to an
iron pin (new);
Thence, South 85 degrees 11 minutes 05 seconds East··· 50.00 feet to an
iron pin (new);
Thence, South 4 degrees 48 minutes 55 seconds West - 600.00 feet to an
iron pine (new);
Thence, North 85 degrees 11 minutes 05 seconds West - 550.00 feet to
an iron pin (new);
Thence, Noeth 4 degrees 48 minutes 55 seconds East
an iron pin (new);

1,700.00 feet to

Thence, South 85 degrees 1 1 minutes 05 seconds l'.:ast - 500.00 feet to
(ne\\/);

an iron {lin

45

APPENDIX A

RFS-329.44-004

Thence, South 4 degrees 48 minutes 55 seconds West - 100.00 feet to an
iron pin (new);
Thence, South 85 degrees 11 minutes OS seconds East - 300.00 feet to
an iron pin (new);
Thence, South 68 degrees 17 minutes 58 seconds East - 435.33 feet to
the Point of Beginning and containing 23.94 Acres, more or less.
Included in this conveyance is a permanent Right of Access over, upon
and across the existing Access Road mentioned above, from Station
11 +50 +1- northerly to Third Street as shown on the survey, atL.'lched
and marked E:xhibit "An.
The above description was taken from a survey by Kevin A. Edmondson,
surveyor, license no. 1515, of Thomas Miller and Partners, Two
Brentwood Commons, Suite 222, 750 Old Hickory' Boulevard, Bn~ntwood,
Tennessee 37207 -4509.
Also included in this conveyance is an easement for an efl1uent force
main sewer line and being more particularly described as follows:
Beginning at a point 36 feet northwesterly from the centerline of the
Access I~oad to the South Central Correctional Center Site, said point
also being in the north line of State property and the south line of
Preston W. Carroll, et ux (Deed Book 49, Page 357), 109.95 feet westerly
from the common corner at the intersection of Third Street and Can"oIl
Road; this pOlnt also having a North Coordinate of 384,870.97 and an
EHst Coordinate of 1,373,030.00 on the Tennessee Slate Plane
Coordinate System, North American Datum of 1983;
Thence running :36 feet west of and parallel to the Access Road, South 4'7
degrees 57 minutes 14 seconds West 169.90 feet to a point; thence along
a curve to the left having a delta of 10 degrees 18 minutes -17 seconds, a
radius of 1,286.00 feet, an arc length of 231.29 feet, and the cord being
South 42 degrees 48 minutes -06 seconds West 230.98 feet to a point;
thence South 37 degrees 38 minutes ···57 seconds West 288.7] feel to a
point; thc~nce along a eurve to the left having a delta of 12 degrees 24
minutes -55 seconds, a radius of 1,286.00 feet, an arc lenf~th of 278.6()
and the cord being South 31 degrees 26 minutes -29 s~:conds West
278.12 fcct to a point in the north pnlpcny line of the City of Clifton;
thence running with s,lid property line, North 68 degrees 17 ;ninutes··S9
seconds West 30.0b feet to a point; thence along a CU!"Vc to lhe right
lnvtng ci deli;! of 12 degrees 29 minute::; ·46 seconds, <.l r;ldillS uf
1,316.00 lee!, an ;-irc ICIW,lh of 287.tY2 fecI. and the coni twine Nnnll :ll
degrec~; 24 minute>; Or1 scc()nd~; F:ast 2Bb 4E> fect (0 a point; thence Norll;
"",

.'

"

<..)

46

APPENDIX A

RFS-329.44-004

37 degrees 38 minutes -57 seconds East 288.71 feet to a point; thence
along a curve to t.he right having a delta of 10 degrees 18 minutes .. 17
seconds, a radius of 1,316.00 feet, an arc length of 236.68 feet, <mel the
cord being North 42 degrees 48 minutes -OS seconds East 236.37 feet to
a point; thence North 47 degrees 57 minutes -14 sccond~; East. 143.83
feet to a point in the south property line of Prest.on Carroll (Deed Book
49, Page 357); thence running with said property line, South 83 degrees
02 minutes -02 seconds East 39.74 feet to the point of BEGINNfNG and
containing 0.66 acres, rnore of less, for the purpose of a pennanent
underground utility easement.
In addition, a temporary construction easement of 50 feet divided evenly

(25 feet on each side) along the above pennanent underground utility
casement from/to the limits of the property lines, shall exist for 450 days
after the contract for the construction of the proposed lines is executed
or until the City of Clifton accepts the construction.
This casement description was taken from a survey by I~obert E::. Taylor,
surveyor, license no. 1185, of White Taylor Walker/GM, 233 Wilson Pike
Circle, P.O. Drawer 1847, Brentwood, Tennessee 37024-1847.

47

--_._.~-_._~~

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX B

Tag No

Description

Make

Model

Serial
Number

State
Cost

Date
Received

C35504
C35531
C35534
C35536
C35545
C35551
C35558
C35784
C35826

PRINTER,
PRINTER,
PRINTER,
PRINTER,
PRINTER,
PRINTER,
PRINTER,
PRINTER,
PRINTER,

OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA

901A1030316
905A1030406
905A1030549
901A1030368
905A1030371
905A6017633
9056017656
06AL4001273
00286028608

336.02
336.02
336.02
336.02
336.02
849.63
849.63
364.36
921.76

08/18/99
08/18/99
08/18/99
08/18/99
08/18/99
08/18/99
08/18/99
11/15/00
09/07/00

60
60
60
60
60
60
60
60
60

SSS

520
520
520
520
520
395
395
ML590
MICROLINE
395
171NCH

J02639

J44420
J44423

SHAMPOO & BUFFING
MACHINE
SHAMPOO & BUFFING
MACHINE
PRINTER, (PCl PLonER
PRINTER, (PCl PLonER

P86892A

705.76

07/01/96

120

SSS

171NCH

P86622A

705.76

07/01/96

120

OKIDATA
OKIDATA

520
520

336.02
336.02

08/10/99
08/10/99

60
60

PRINTER, (PCl PLonER
PRINTER, (PCl PLOTTER

OKIDATA
OKIDATA

520
520

336.02
336.02

08/10/99
08/10/99

60
60

J44439
J44472
J44473
J44475
J44486
J44579
J44581
J44591
J44594
J44598
J44599
K23028

PRINTER, (PCl PLonER
PRINTER, (PCl PLOTTER
PRINTER, (PCl
PRINTER, (PCl PLonER
PRINTER, (PCl PLonER
PRINTER, (PCl PLonER
PRINTER, (PCl PLonER
PRINTER, (PCl PLonER
PRINTER, (PCl PLonER
PRINTER, (PCl PLonER
PRINTER, (PCl PLonER
SCANNER OCR

OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
OKIDATA
FUJITSU

520
520
520
520
520
520
520
520
520
520
520
4340C

905A1030333
905A1030327
1
905A1030330
905A1030375
0
905A1030772
905A1030414
905A1030412
905A1030312
905A1030409
905A1030351
905A1030357
905A1030345
905A1030309
905A1030310
905A1030307
604747

J44428
J44429

08/10/99
08/10/99
08/10/99
08/10/99
08/10/99
08/10/99
08/10/99
08/10/99
08/10/99
08/10/99
08/10/99
07/09/04

60
60
60
60
60
60
60
60
60
60
60
60

K23031

SCANNER OCR

FUJITSU

4340C

605003

07/09/04

60

K41239

CPU:MICROCOMPUTER (PCl

COMPAQ

D510

11/15/02

60

K41271

CPU:MICROCOMPUTER (PCl

COMPAQ

D510

875.02

11/15/02

60

K41275

CPU:MICROCOMPUTER (PCl

COMPAQ

D510

875.02

11/15/02

60

K59460
K59461
K59462
K59469
K59487
K59499
K59540
K59541
K59549
K59591

CPU:MICROCOMPUTER
CPU:MICROCOMPUTER
CPU:MICROCOMPUTER
CPU:MICROCOMPUTER
CPU:MICROCOMPUTER
CPU:MICROCOMPUTER
CPU:MICROCOMPUTER
CPU:MICROCOMPUTER
CPU:MICROCOMPUTER
CPU:MICROCOMPUTER

COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP

DM530
DM530
DM530
DM530
DM530
DM530
DM530
DM530
DM530
DM530

U243KN8ZD5
21
U243KN8ZD6
54
U243KN8ZD6
25
USV4020FMG
USV4020FPT
USV4020FMB
USV4020FQG
USV4020FNH
USV4020FP8
USV4020FRB
USV4020FPP
USV4020FRV
USV4020FPZ

336.02
336.02
336.02
336.02
336.02
336.02
336.02
336.02
336.02
336.02
336.02
2,659.7
1
2,659.7
1
875.02

710.00
710.00
710.00
710.00
710.00
710.00
710.00
710.00
710.00
710.00

01/12/04
01/12/04
01/12/04
01/12/04
01/12/04
01/12/04
01/12/04
01/12/04
01/12/04
01/12/04

60
60
60
60
60
60
60
60
60
60

J02642

(PCl
(PCl
(PCl
(PCl
(PCl
(PCl
(PCl
(PCl
(PCl

PLonER
PLonER
PLonER
PLOTTER
PLonER
PLonER
PLonER

(PCl
(PCl
(PCl
(PCl
(PCl
(PCl
(PCl
(PCl
(PCl
(PCl

Life

48

~

APPENDIX B

K59592
K59593
K59594
K59595
K59596
K59597
K59598
K59601
K59603
K59814
K59822
K59833
K59834
K59835
K59836
K59837
K59838
K59839
K59840
K59841
K59844
K59845
K59848
K59849
K59850
K59854
K59855
K59856
K59857
K59858
K59859
K59860
K59861
K59863
K59865
K59866
K59868
K59869
K59870
K59871
K59872
K59873
K59874
K59875
K59876
K59881
K59952
K59989
K72187

-~------~--

PERSONAL PROPERTY LISTING

COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
COMPAQ/HP
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
DELL
LEXMARK
TANDBERG

DM530
DM530
DM530
DM530
DM530
DM530
DM530
DM530
DM530
OP
OP
OP
OP
OP
OP
OP
OP
OPTI
OP
OP
OP
OP
OP
OP
OP
OP
OP
OP
OP
OP
OP
OPTI
OPTI
OPTI
JZFX351
OPTI
DZFX351
OPTI
OPTI
OPTI
24GX351
OPTI
OPTI
OPTI
OPTI
OPTI
OPTI
T630
770

USV4020FN3
USV4020FSL
USV4020FLF
USV4020FP1
USV4020FR7
USV4020FL2
USV4020FMW
USV4020FQ4
USV4020FSQ
HX3S451
HKM9451
DKM9451
BX3S451
BW4X351
2N6X351
5T4X351
6M6X351
BX4X351
DL6X351
FY4X351
3D5X351
FL6X351
HK6X351
GJ6X351
GL6X351
GH6X351
3L6X351
CK6X351
6K6X351
JH6X351
JK6X351
354X351
51XG351
7R4X351
JZFX351
3X4X351
DZFX351
D1GX351
80GX351
D3GX351
52GX351
24GX351
7ZFX351
G2GX351
44GX351
81GX351
7W4X351
99227MV
1135121

K72278

CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
CPU:MICROCOMPUTER (PCl
PRINTER, (PCl
SOFTWARE:MICROCOMPUTE
R
VIDEO MONITOR

SONY

36"

KV-36FS120

K85256

PRINTER, (PCl

LEXMARK

T630

99227T8

~-~------"--~--'"---

RFS-329.44-004

710.00
710.00
710.00
710.00
710.00
710.00
710.00
710.00
710.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
659.00
750.29
8,033.9
0
1,065.1
8
750.29

01/12/04
01/12/04
01112/04
01/12/04
01/12/04
01/12/04
01/12/04
01/12/04
01/12/04
07129/04

11/16/04
02/08/05

60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60

02/09/05

60

11/16/04

60

07129/04
07129/04

07129/04
07129/04
07129/04
07129/04
07129/04
07129/04

07129/04
07129/04
07129/04
07/29/04
07129/04

07129/04
07129/04
07129/04

07129/04
07129/04
07129/04
07129/04
07129/04
07129/04
07129/04
07129/04
07/29/04

07129/04
07129/04

07129/04
07129/04
07129/04

07129/04
07129/04
07/29/04

07129/04
07129/04
07129/04
07129/04

49

---------

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX B

NEW
MODEL,
MFCT640N
T640N
T640
DESKPRO
PENTIUM
S 1255

L2C8220

358.44

02/16/05

60

S7903D2W
S7902B2W
7904F50
6846BXH8A69
2
11-AYT74

01/18/06
01/18/06
02/01/06
01/07/99

60
60
60
60

01126/99

60

CONFEREN
CE TABL
SOFA
SOFA
SOFA
8 FT-TABLE

NONE

595.87
595.87
595.87
1,143.5
7
1,225.0
9
714.75

03120/92

180

802.05
934.75
934.75
714.75

03/20/92
03120/92
03120/92
03120/92

180
180
180
180

714.75
1,316.3
5
1,194.3
2
1,132.0
0

03120/92
03120/92

180
180

03120/92

180

03120/92

180

NONE

530.55

03120/92

180

NONE

530.55

03120/92

180

LEFT WELL

579.95

03120/92

180

LEFT WELL

579.95

03120/92

180

LEFT WELL

579.95

03120/92

180

LEFT WELL

579.95

03120/92

180

LEFT WELL

579.95

03120/92

180

LEFT WELL

579.95

03120/92

180

LEFT WELL

579.95

03120/92

180

LEFT WELL

579.95

03120/92

180

NONE
NONE
21907

714.75
934.75
3,926.5
0
3,926.5
0
3,926.5
0
3,926.5
0
3,926.5

03120/92
03120/92
02129/92

180
180
120

02/29/92

120

02129/92

120

02129/92

120

02129/92

120

K85602

TRANSCIEVER, FACSIMILE

BROTHER
8500

K85970
K85971
K85980
P05703

PRINTER, (PCl
PRINTER, (PCl
PRINTER, (PCl
CPU:MICROCOMPUTER (PCl

LEXMARK
LEXMARK
LEXMARK
COMPAQ

P05705

PRINTER, (PCl PLOTTER

OPTRA LASER

P33011

DESK & TABLE, WOOD

TRICOR

P33012
P33014
P33015
P33016

FURNITURE, LOUNGE, IN, WO
FURNITURE, LOUNGE, IN, WO
FURNITURE, LOUNGE, IN, WO
DESK & TABLE, WOOD

TRICOR
TRICOR
TRICOR
TRICOR

P33017
P33018

TABLES, CONFERENCE
TABLES, CONFERENCE

TRICOR
TRICOR

P33019

TABLES, CONFERENCE

TRICOR

P33020

DESK & TABLE, WOOD

TRICOR

P33021

DESK & TABLE, WOOD

TRICOR

P33022

DESK & TABLE, WOOD

TRICOR

P33023

DESK & TABLE, WOOD

TRICOR

P33024

DESK & TABLE, WOOD

TRICOR

P33025

DESK & TABLE, WOOD

TRICOR

P33026

DESK & TABLE, WOOD

TRICOR

P33027

DESK & TABLE, WOOD

TRICOR

P33028

DESK & TABLE, WOOD

TRICOR

P33029

DESK & TABLE, WOOD

TRICOR

P33030

DESK & TABLE, WOOD

TRICOR

P33031
P33035
P33036

TABLES, CONFERENCE
FURNITURE, LOUNGE, IN, WO
METAL FINDERS & DETECTOR

TRICOR
TRICOR
SENTRIE

8 FT-WOOD
8 FTWOOD
12 FTTABLE
DESK,
GOVERNOR
S
DESK,SENI
OR EX.
DESK,
SENIOR EX
DESK,
SECRETARI
DESK,SECR
ETARIA
DESK,SECR
ETARI
DESK,SECT
RAIAL
DESK,
SECTRATAR
DESK,SECT
RARIAL
DESK,SECT
RAIAL
DESK,SECT
RAIAL
8 FT-WOOD
SOFA
WALK THRU

P33037

METAL FINDERS & DETECTOR

SENTRIE

WALK THRU

21908

P33038

METAL FINDERS & DETECTOR

SENTRIE

WALKTHRU

21906

P33040

METAL FINDERS & DETECTOR

SENTRIE

WALKTHRU

21909

P33041

METAL FINDERS & DETECTOR

SENTRIE

WALKTHRU

21910

NONE
NONE
NONE
NONE
(CONF.l
NONE
NO SIN
NONE
NONE

50

-- - - - ---

- - ---------

-

APPENDIX B

DESK & TABLE, WOOD

TRICOR

P33044

DESK & TABLE, WOOD

TRICOR

P33045
P33046

FURNITURE, LOUNGE, IN, WO
RADIO, 2-WAY PORT & CHARG

TRICOR
MOTOROLA

P33047

RADIO, 2-WAY PORT & CHARG

MOTOROLA

P33048

RADIO, 2-WAY PORT & CHARG

MOTOROLA

P33049

RADIO, 2-WAY PORT & CHARG

MOTOROLA

P33051

RADIO, 2-WAY PORT & CHARG

MOTOROLA

P33053
P33055
P33056
P33057
P33058
P33059
P33060
P33061
P33062
P33063
P33064
P33065
P33066

RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,

CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG

MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA

P33067

RADIO, 2·WAY PORT & CHARG

MOTOROLA

P33068
P33069
P33070
P33071

RADIO,
RADIO,
RADIO,
RADIO,

CHARG
CHARG
CHARG
CHARG

MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA

P33072

RADIO, 2-WAY PORT & CHARG

MOTOROLA

P33073
P33074
P33075
P33076
P33077
P33078
P33079
P33080
P33081
P33082
P33083
P33084
P33085
P33086
P33087

RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,

2-WAY
2·WAY
2·WAY
2-WAY

2-WAY
2-WAY
2·WAY
2-WAY
2·WAY
2-WAY
2-WAY
2·WAY
2-WAY
2-WAY
2·WAY
2-WAY
2·WAY
2-WAY
2·WAY

PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT

PORT
PORT
PORT
PORT

PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT
PORT

&
&
&
&
&
&
&
&
&
&
&
&
&

&
&
&
&

&
&
&
&
&
&
&
&
&
&
&
&
&
&
&

--

-

---------------

---

---

__ .-

---------------------~.

..

_---~-,--

PERSONAL PROPERTY LISTING

P33043

2-WAY
2·WAY
2-WAY
2-WAY
2-WAY
2-WAY
2-WAY
2-WAY
2-WAY
2-WAY
2-WAY
2-WAY
2-WAY

---

CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG
CHARG

MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA

DESK,SENI
OR EX.
TYPISTWOOD
SOFA
H43GCU710
OCN
H43GCU710
OCN
H43GCU710
OCN
H43GCU710
OCN
H43GCU710
OCN
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
H43GCU700
CN
H43GCU710
OCN
MT 1000
MT 1000
MT 1000
H43GCU710
OCN
H43GCU710
OCN
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000

RFS-329.44-004

NONE

0
530.55

04128/92

180

NONE

579.95

04128/92

180

NONE
751ASL0767

934.75
746.76

04128/92
07/10/92

180
60

751ASL0806

746.76

07/10/92

60

751ASL0810

746.76

07/10/92

60

751ASL0802

746.76

07/10/92

60

751ASL0777

746.76

07/10/92

60

751ASL0764
751ASL0812
751ASL0768
751ASL0808
751ASL0772
751ASL0779
751ASL0769
751ASL0807
751ASL0774
751ASL0775
751ASL0784
751ASL0799
751ASL0785

746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

60
60
60
60
60
60
60
60
60
60
60
60
60

751ASL0800

746.76

07/10/92

60

751ASL0781
751ASL0786
751ASL0789
751ASL0782

746.76
746.76
746.76
746.76

07/10/92
07/10/92
07/10/92
07/10/92

60
60
60
60

751ASL0771

746.76

07/10/92

60

751ASL0783
751ASL0778
751ASL0780
751ASL0770
751ATG1006
751ASL0796
751ASL0797
751ASL0766
751ASL0749
751ASL0745
751ASL0748
751ASL0759
751ASL0746
751ASL0776
751ASL0743

746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

60
60
60
60
60
60
60
60
60
60
60
60
60
60
60

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
51

-~-

APPENDIX B

P33088
P33089
P33090
P33091
P33092
P33093
P33094
P33095
P33096
P33097
P33098
P33099
P33100
P33101
P33102
P33103
P33104
P33105
P33106
P33107
P33108
P33109
P33110
P33111
P33112
P33113
P33114
P33115
P33116
P33117
P33118
P33119
P33120
P33121
P33122
P33123
P33124
P33125
P33126
P33127
P33128
P33130
P33131
P33132
P33133
P33134
P33135
P33136
P33137
P33138
P33139
P33141

RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,

2-WAY PORT & CHARG
2-WAY PORT & CHARG
2·WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2·WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2·WAY PORT & CHARG
2·WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2·WAY PORT & CHARG
2·WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2-WAY PORT & CHARG
2·WAY PORT & CHARG
2-WAY PORT & CHARG
2·WAY PORT & CHARG
2-WAY PORT & CHARG

-,._------_.-.~.~_

PERSONAL PROPERTY LISTING

MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOROROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOTROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA

MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000

751ASL0753
751ASL0747
751ASL0758
751ASL0757
751ASL0805
751ASL0756
751ASL0755
751ASL0742
751ASL0750
751ASL0754
751ASL0760
751ASL0744
751ASL0741
751ASL0804
751ASL0811
751ASL0788
751ASL0791
751ASL0790
751ASL0794
751ASL0752
751ASL0751
751ASL0795
751ASL0792
751ASL0809
751ASL0789
751ASL0793
751ASL0787
751ASL0798
751ASL0862
751ASL0858
751ASL0824
751ASL0861
751ASL0821
751ASL0859
751ASL0825
751ASL0829
751ASL0841
751ASL0860
751ASL0816
751ASL0838
751ASL0826
751ASL0852
751ASL0827
751ASL0830
751ASL0837
751ASL0842
751ASL0844
751ASL0822
751ASL0836
751ASL0813
751ASL0848
751ASL0845

.... __ .... ~.

RFS-329.44-004

746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
52

--- - -

--------~--~--.

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX B

P33142
P33143
P33144
P33145
P33146
P33147
P33148
P33149
P33150
P33151
P33152
P33153
P33154
P33155
P33156
P33157
P33158
P33159
P33160
P33162
P33163
P33164
P33166

RADIO, 2-WAY PORT & CHARG
RADIO, 2·WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2·WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT &CHARG
RADIO, 2·WAY PORT & CHARG
RADIO, 2·WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2·WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2·WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
RADIO, 2-WAY PORT & CHARG
X-RAY MACHINE, DIAGNOSTIC

MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
L1NESCANSYST

P33167

DESK & TABLE, WOOD

TRICOR

P33168

DESK & TABLE, WOOD

TRICOR

P33169

DESK & TABLE, WOOD

TRICOR

P33172
P33176
P33177
P33178
P33180
P33181
P33182
P33183
P33184

FURNITURE, LOUNGE, IN,
FURNITURE, LOUNGE, IN,
FURNITURE, LOUNGE, IN,
FURNITURE, LOUNGE, IN,
FURNITURE, LOUNGE, IN,
FURNITURE, LOUNGE, IN,
DESK & TABLE, WOOD
TABLES, CONFERENCE
DESK & TABLE, WOOD

P33185

DESK & TABLE. WOOD

DESK,TYPIST

P33186

DESK & TABLE, WOOD

TRICOR

WO
WO
WO
WO
WO
WO

TRICOR
TRICOR
TRICOR
TRICOR
TRICOR
SOFA
DESK,TYPIST
TABLE
TRICOR

P33187
P33188
P33189

DESK & TABLE, WOOD
TABLES, CONFERENCE
DESK & TABLE, WOOD

DESK, TYPIST
TRICOR
TRICOR

P33190
P33191

DESK & TABLE, WOOD
DESK & TABLE, WOOD

DESK,TYPIST
TRICOR

P33192

DESK & TABLE, WOOD

TRICOR

MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
EGG
ASTROPHY
SI
DESK,
SECRETARY
DESK,SECR
ETARIA
DESK,SECR
ETARIA
SOFA
SOFA
SOFA
SOFA
SOFA
LOUNGE
LEFT
8 FT-WOOD
TYPIST
DESK
LEFTTRICOR
TYPIST
DESK
LETF
8 FT-WOOD
TYPIST
DESK
LEFT
CONF.
TABLE
CONF.
TABLE

751ASL0851
751ASL0818
751ASL0817
751ASL0855
751ASL0834
751ASL0835
751ASL0833
751ASL086
751ASL0815
751ASL0819
751ASL0814
751ASL0857
751ASL0854
751ASL0839
751ASL0828
751ASL0831
751ASL0850
751ASL0832
751ASL0853
751ASL0840
751ASL0843
751ASL0846
MAIL/PACKA
GE-RM

746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
746.76
22,150.
00

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
06/20/92

60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
96

NO SIN

579.95

04/06/92

180

LEFT WELL

579.95

04/06/92

180

LEFT WELL

579.95

04/06/92

180

NONE
NONE
NONE
NONE
NONE
CET
CET
NO SIN
LEFT L (NSIN)
NO SERIAL

934.75
934.75
934.75
934.75
934.75
934.75
579.95
714.75
579.95

04/06/92
04/06/92
04/06/92
04/06/92
04/06/92
04/06/92
04/06/92
02/19/92
02/19/92

180
180
180
180
180
180
180
180
180

579.95

02/19/92

180

LEFT UN-

579.95

02/19/92

180

CET
NO SIN
LEFT L (NSIN)
CET
8 FT OAK

579.95
714.75
579.95

02/19/92
02/19/92
02/19/92

180
180
180

579.95
714.75

02/19/92
02/19/92

180
180

8 FT OAK(N-

714.75

02/19/92

180

SIN)

SIN)
53

-------------_.

21,450.
00
573.75

07/10/92

96

07/10/92

60

573.75

07/10/92

60

573.75

07/10/92

60

573.75

07/10/92

60

573.75

07/10/92

60

573.75
573.75

07/10/92

07/10/92

60
60

573.75

07/10/92

60

07/10/92

60

07/10/92

60

07/10/92

60

09/15/92

60

1802689X
1D058572
1D058539
1D057239
NONE

1,256.4
3
1,343.9
8
2,354.0
5
85,283.
84
527.67
115.45
115.45
115.45
538.21

02129/92

02129/92

60
60
60
60
180

NONE

592.09

02129/92

180

8026051
2D002221
NONE

527.67
115.45
538.21

02129/92
02/29/92

02129/92

60
60
180

NONE

538.21

02129/92

180

NONE

538.21

02129/92

180

2D002061
NONE

115.45
538.21

02129/92

02129/92

60
180

2092318847T

02129/92

60

NONE

1,244.5
2
538.21

02129/92

180

11-TRF92

508.37

02129/92

60

NONE

538.21

02129/92

180

02129/92

02/29/92

120
120

02129/92

120

L1NESCAN

50925

&CHARGERS

EGAND G
ASSTRO
MOTOROLA

MT100

P33197

PAGING, RADIO & CHARGERS

MOTOROLA

MT100

P33198

PAGING, RADIO

&CHARGERS

MOTOROLA

MT100

P33199

PAGING, RADIO & CHARGERS

MOTOROLA

MT100

P33202

PAGING, RADIO & CHARGERS

MOTOROLA

MT100

P33205
P33207

CHARGERS, TWO WAY RADIO
CHARGERS,TWO WAY RADIO

MOTOROLA
MOTOROLA

MT100
MT100

P33210

PAGING, RADIO & CHARGERS

MOTOROLA

MT100

P33211

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

P33212

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

617ASL2020

P33213

RADIO, 2-WAY REC, TRANSMI

MOBILE
SPECTRA
MOBILE
SPECTRA
MOBILE

CHARGER,MU
LTI
CHARGER,
MULTI
CHARGER,
MULTI
CHARGER,
MULTIL
CHARGER,MU
LTI
NO SERIAL
CHARGER,MU
LTI
CHARGER,MU
LTI
617ASL2021

SYNTAR

531ASN0173

P33214

RADIO, 2-WAY REC, TRANSMI

SYSTEM

BASE

P40001
P40002
P40003
P40010
P40017

TYPEWRITER, ELECTRIC
CALCULATOR, ELECTRONIC
CALCULATOR, ELECTRONIC
CALCULATOR, ELECTRONIC
CABINET, FILING, METAL

COMMUNICA
TION
SHARP
SHARP
SHARP
SHARP
NATIONAL

P40018

CABINET, FILING, METAL

NATIONAL

P40019
P40020
P40022

TYPEWRITER, ELECTRIC
CALCULATOR, ELECTRONIC
CABINET, FILING, METAL

SHARP
SHARP
NATIONAL

P40024

CABINET, FILING, METAL

NATIONAL

P40025

CABINET, FILING, METAL

NATIONAL

P40028
P40030

CALCULATOR, ELECTRONIC
CABINET, FILING, METAL

SHARP
NATIONAL

P40031

CPU:MICROCOMPUTER (PC)

GRAFIKA

ZX-405A
052760A
052760A
052760A
36 INCH
5DRW
36 INCH 5
DRW
JX-405A
052760A
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
COMPET
36 INCH 5
DRW
DCM 1428

P40032

CABINET, FILING, METAL

NATIONAL

P40033

TYPEWRITER, ELECTRIC

IBM

P40035

CABINET, FILING, METAL

NATIONAL

P40036
P40037

SAW, STATIONARY POWERED
DRILLS, HYDRAULIC
POWERED
SAW, STATIONARY POWERED

BANDSAW
DRILLPRESS

36 INCH 5
DRW
WHEELWRI
TER 2
36 INCH 5
DRW
DAYTON
WILTON
5810
DEWALT

X-RAY MACHINE, DIAGNOSTIC

P33196

PAGING, RADIO

P40038

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX B

P33195

._._---_._-----_.~-

RADIAL ARM

28321
0926

773.31
1,439.3
3
588.58

02129/92

02129/92
02129/92

54

P40039

SHAPER & JOINTER, WOOD

P40040
P40042

SANDERS, BENCH OR
PORTABL
CABINET-SAFETY

P40048
P40049
P40053
P40054

BEDS, HOSPITAL
BEDS, HOSPITAL
ORTHOPEDIC EQUIPMENT
PISTOL, LAW ENFORCEMENT

P40055

PISTOL, LAW ENFORCEMENT

P40056

PISTOL, LAW ENFORCEMENT

P40057

PISTOL, LAW ENFORCEMENT

P40058

PISTOL, LAW ENFORCEMENT

P40059

PISTOL, LAW ENFORCEMENT

P40060

PISTOL, LAW ENFORCEMENT

P40061

PISTOL, LAW ENFORCEMENT

P40062

PISTOL, LAW ENFORCEMENT

P40063

PISTOL, LAW ENFORCEMENT

P40064

PISTOL, LAW ENFORCEMENT

P40065

PISTOL, LAW ENFORCEMENT

P40066

PISTOL, LAW ENFORCEMENT

P40067

PISTOL, LAW ENFORCEMENT

P40068

PISTOL, LAW ENFORCEMENT

P40069

PISTOL, LAW ENFORCEMENT

P40070

PISTOL, LAW ENFORCEMENT

P40071

PISTOL, LAW ENFORCEMENT

P40072

PISTOL, LAW ENFORCEMENT

P40073

PISTOL, LAW ENFORCEMENT

P40074

PISTOL, LAW ENFORCEMENT

P40075

PISTOL, LAW ENFORCEMENT

P40076

PISTOL, LAW ENFORCEMENT

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX B

10
JOINER
W/STAND
DAYTON
STORAGE

02/29/92

120

1100043

1,238.3
8
877.93

02/29/92

99

YELLOW

557.70

02/29/92

60

PATIENT I
PATIENT I
DURR
38

N-S/N
N-S/N
HU101C11853
BHV4903

560.30
560.30
614.18
232.64

02/29/92
02/29/92
02/29/92
02/29/92

120
120
120
120

38

BHV4916

232.64

02/29/92

120

38

BHV4930

232.64

02/29/92

120

38

BHP2259

232.64

02/29/92

120

38

BHV4987

232.64

02/29/92

120

38

BHV2270

232.64

02/29/92

120

38

BHV2424

232.64

02/29/92

120

38

BHV4912

232.64

02/29/92

120

38

BHT0083

232.64

02/29/92

120

38

BHV4858

232.64

02/29/92

120

38

BHV2481

232.64

02/29/92

120

38

BHV2478

232.64

02/29/92

120

38

BHV4730

232.64

02/29/92

120

38

BHV2285

232.64

02/29/92

120

38

BHV4674

232.64

02/29/92

120

38

BHV4784

232.64

02/29/92

120

38

BHV2395

232.64

02/29/92

120

38

BHV4830

232.64

02/29/92

120

38

BHV4727

232.64

02/29/92

120

38

BHJ2049

232.64

02/29/92

120

38

BHV2427

232.64

02/29/92

120

38

BHV2290

232.64

02/29/92

120

38

BHV2437

232.64

02/29/92

120

DAYTON

001639

DISK TYPE
FLAMMABL

E
DURR
DURR
HYFRECATOR
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH
WESSON
SMITHIWESS
ON
SMITH
WESSON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH
WESSON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH
WESSON
SMITH/WESS
ON
SMITH/WESS
ON
SMITH/WESO
NN

55

SMITH/WESS
ON
SMITH/WESS
ON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
RIOT GAS

P40077

PISTOL, LAW ENFORCEMENT

P40078

PISTOL, LAW ENFORCEMENT

P40079
P40080
P40081
P40082
P40083
P40084
P40085
P40086
P40087
P40088
P40089
P40090
P40091
P40092
P40093
P40095

GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN
GUN, SHOTGUN & RIOTN

P40096

GUN, SHOTGUN & RIOTN

RIOT, GAS

P40097

CABINET, FILING, METAL

NATIONAL

P40099
P40100

cunER/SHREDDER,TOW
CNT/M
CABINET, FILING, METAL

NATIONAL

P40101

CABINET, FILING, METAL

NATIONAL

P40104

CABINET, FILING, METAL

NATIONAL

P40109

P40112

SEWING MACHINE, HEAVY
DUT
SEWING MACHINE, HEAVY
DUT
SEWING MACHINE, HEAVY
DUT
SURGER, SEWING

P40114

BEDS, HOSPITAL

GURNEY

P40115

BOOKS,
PUBLICATION/COPYRI
BOOKS,
PUBLICATION/COPYRI
CALCULATOR, ELECTRONIC
CALCULATOR, ELECTRONIC
CALCULATOR, ELECTRONIC
CALCULATOR, ELECTRONIC
VIDEO PLAYER & RECORDER
RECEIVER, TV & CONSOLE
AIR PACK, SAFETY EQUIP.

ENCYCLOPED
IA
LAW

P40110
P40111

P40116
P40118
P40122
P40124
P40129
P40133
P40135
P40146

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX B

WOODS

38

BHV4789

232.64

02/29/92

120

38

BHV2241

232.64

02/29/92

120

12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
FEDERAL
203A38
FEDERAL
203A38
36 INCH 5
DRW
10 FT121

A344719M
A344285M
A344756M
A344698M
A344712M
A344740M
A344746M
A346598M
A344754M
A344702M
A344306M
A344717M
A344705M
A347168M
A344745M
650715

230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
337.84

02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92

120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120

650720

337.84

02/29/92

120

NONE

538.21

02/29/92

180

10938

02/29/92

120

NONE

4,430.9
0
592.09

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

DDLGL76132

756.12

02/29/92

120

JUKI

42 INCH 5
DRW
42 INCH 5
DRW
42 INCH 5
DRW
DDLL-5530

JUKI

DDLL-5530

DDLGL76114

756.12

02/29/92

120

JUKI

DDLL-5530

DDLGL76151

756.12

02/29/92

120

SURGER JUKI

SEWING
SYSTEM
FERNOFOLD UP
WORLD BK

OF6-500

1,673.1
0
1,416.7
7
654.00

02/29/92

60

02/29/92

120

02/29/92

120

TENN
PRAC. SRS.
QS17060A
QS17060A
QS17060A
QS1760A
VCA524011
19·INCH
ULTRILITE 2

RAYBIN
9,10,11,12,13
2D003631
2D002021
2D002191
2D002051
111841738
370336

896.41

02/29/92

99

121.54
121.54
121.54
115.44
206.84
231.66
1,381.3
1

02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92
02/29/92

60
60
60
60
180
180
120

SHARP
SHARP
SHARP
SHARP
SHARP
SHARP
scon

N-S/N
22 VOLS

56

APPENDIX B

P40157

CABINET-SAFETY

P40158

GYMNASIUM APPARATUS

FLAMMABLE
STG.
DUMB BELLS

P40165

CABINET, FILING, METAL

NATIONAL

P40166

CABINET, FILING, METAL

NATIONAL

P40167

CABINET, FILING, METAL

NATIONAL

P40168

CABINET, FILING, METAL

NATIONAL

P40171

CABINET, FILING, METAL

NATIONAL

P40173

CABINET, FILING, METAL

NATIONAL

P40174

DAYTON
DAYTON

P40176

WELDER, ARC, NON-ENG
DRIV
WELDER, ARC, NON·ENG
DRIV
CABINET, FILING, METAL

P40177

CABINET, FILING, METAL

NATIONAL

P40178

CABINET, FILING, METAL

NATIONAL

P40179

CABINET, FILING, METAL

NATIONAL

P40180

CABINET, FILING, METAL

NATIONAL

P40181

CABINET, FILING, METAL

NATIONAL

P40183

CABINET, FILING, METAL

NATIONAL

P40185

CABINET, FILING, METAL

NATIONAL

P40186

CABINET, FILING, METAL

NATIONAL

P40187

CABINET, FILING, METAL

NATIONAL

P40188

CABINET, FILING, METAL

NATIONAL

P40189

SAW, STATIONARY POWERED

TILT ARBOR

P40190

CABINET, FILING, METAL

NATIONAL

P40191

SO-PRO

P40192

FLOOR MAINTENANCE
MACHINE
CABINET, FILING, METAL

P40193
P40197

TABLE, EXAMINATION
CABINET, FILING, METAL

RinER
NATIONAL

P40198

FLOOR MAINTENANCE
MACHINE
CABINET, FILING, METAL

SO-PRO

P40175

P40199

RFS-329.44-004

PERSONAL PROPERTY LISTING

NATIONAL

NATIONAL

NATIONAL

METAL
W/RACK
36 INCH 5
DRW
36 INCH 5
DRW
42 INCH 5
DRW
42 INCH 5
DRW
36 INCH 5
DRW
42 INCH 5
DRW
110-087906
110-087906
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
DELTA 10
IN
36 INCH 5
DRW
KG16DBUF
FER
36 INCH 5
DRW
104
42 INCH 5
DRW
KC-16D
42 INCH 5

NO SERIAL
NUMBER
NOT
SERALIZED
NONE

557.70

02/29/92

60

534.21

02/29/92

180

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

NONE

538.21

02/29/92

180

NONE

592.09

02/29/92

180

D422927

561.66

02/29/92

120

D422928

561.66

02/29/92

120

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

92A00862

02/29/92

120

NONE

1,779.3
2
538.21

02/29/92

180

22527

705.74

02/29/92

120

NONE

592.09

02/29/92

180

NONE
NONE

727.31
592.09

02/29/92
02/29/92

120
180

922532

705.76

02/29/92

120

NONE

592.09

02/29/92

180
57

----------~---

P40203

RECORDER,
COMMUNICATION
RADIO, 2-WAY REC, TRANSMI

PEARL
MOTOROLA

DRW
OLYMPUS
L100
MOBILE

~-_._-

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX B

P40200

"--_._-"--_.-..

156468GIA

169.25

02/29/92

180

221ASE0130

1,481.8

02/29/92

60

02/29/92

60

02/29/92

60

02/29/92

60

02/29/92

60

02/29/92

60

02/29/92

60

02/29/92

60

02/29/92

60

02/29/92

60

02/29/92

60

02/29/92

60

6
P40204

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

SPECTRA

483ASEOO09

P40205

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

483ASE0014

P40206

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

MOBILE
SPECTRA
MOBILE VEHICLE
MOBILE VEHICLE
MOBILEVEHICLE
MOBILEVEHICLE
MOBILEVEHICLE
MOBILEVEHICLE
MOBILEVEHICLE
MOBILEVEHICLE
MAXTRAC
MOBILE
PERSONAL

P40207

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

P40208

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

P40209

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

P40210

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

P40211

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

P40212

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

P40213

RADIO, 2-WAY REC, TRANSMI

MOTOROLA

P40215

RADIO, 2-WAY REC, TRANSMI

P40253

TYPEWRITER, ELECTRIC

BASE
STATION
IBM

221ASE0131

2,363.9
5
2,363.9
5
1,481.8

6
483ASE0010

428ASL3776

2,363.9
5
1,481.8
6
2,363.9
5
2,363.9
5
1,481.8
6
1,481.8
6
2,363.9
5
944.53

11-TRG09

508.35

02/29/92

60

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

1D052769
NONE

115.44
592.09

05/19/92
02/29/92

60
180

802705X
NONE

527.67
592.09

02/29/92
02/29/92

60
180

NONE

592.09

02/29/92

180

NONE

592.09

02/29/92

180

221ASE0129
483ASE0011
483ASE0013
221ASE0132
221ASE0133
483ASE0012

II
P40254

CABINET, FILING, METAL

NATIONAL

P40255

CABINET, FILING, METAL

NATIONAL

P40256

CABINET, FILING, METAL

NATIONAL

P40257

CABINET, FILING, METAL

NATIONAL

P40258

CABINET, FILING, METAL

NATIONAL

P40259

CABINET, FILING, METAL

NATIONAL

P40260

CABINET, FILING, METAL

NATIONAL

P40261

CABINET, FILING, METAL

NATIONAL

P40262

CABINET, FILING, METAL

NATIONAL

P40263
P40264

CALCULATOR, ELECTRONIC
CABINET, FILING, METAL

SHARP
NATIONAL

P40265
P40269

TYPEWRITER, ELECTRONIC
CABINET, FILING, METAL

SHARP
NATIONAL

P40270

CABINET, FILING, METAL

NATIONAL

P40271

CABINET, FILING, METAL

NATIONAL

361NCH 5
DRW
36 INCH 5
DRW
42 INCH 5
DRW
42 INCH 5
DRW
42 INCH 5
DR
42 INCH 5
DRW
42 INCH 5
DRW
42 INCH 5
DRW
42 INCH 5
DRW
OS12760A
42 INCH 5
DRW
ZX405A
42 INCH 5
DRW
42 INCH 5
DRW
42 INCH 5

58

---------------_._~---------------

APPENDIX B

-

----_.-

PERSONAL PROPERTY LISTING

P40273

CABINET, FILING, METAL

NATIONAL

P40275

GYMNASIUM APPARATUS

CALIF GYMN

P40276
P40277

GYMNASIUM APPARATUS
GYMNASIUM APPARATUS

P40278

GYMNASIUM APPARATUS

P40279
P40280

TYPEWRITER, ELECTRIC
CABINET, FILING, METAL

DUMB BELLS
BIKE,
EXERCISE
BIKE,EXERCIS
E
SHARP
NATIONAL

P40281

CABINET, FILING, METAL

NATIONAL

P40287

CABINET, FILING, METAL

NATIONAL

P40288

CABINET, FILING, METAL

NATIONAL

P40289

CABINET, FILING, METAL

NATIONAL

P40290

CABINET, FILING, METAL

NATIONAL

P40291

CABINET, FILING, METAL

NATIONAL

P40292

CABINET, FILING, METAL

NATIONAL

P40316

CABINET, FILING, METAL

NATIONAL

P40319

CABINET, FILING, METAL

NATIONAL

P40344
P40345

PRINTER, (PC)
CABINET, FILING, METAL

PANASONIC
NATIONAL

P40348
P40349
P40352

CABINET, FILING, METAL
CABINET, FILING, METAL
CABINET, FILING, METAL

NATIONAL
NSTIONAL
NATIONAL

P40353

CABINET, FILING, METAL

NATIONAL

P40354

CABINET, FILING, METAL

NATIONAL

P40355

CABINET, FILING, METAL

NATIONAL

P40375

CABINET, FILING, METAL

NATIONAL

P40377

CABINET, FILING, METAL

NATIONAL

P40380

CABINET, FILING, METAL

NATIONAL

P40381

CABIN ET-SAFETY

P40383

GYMNASIUM APPARATUS

FLAMMABLE
STG.
CALIF GYMN

P40384
P40386

GYMNASIUM APPARATUS
CABINET, FILING, METAL

DUMB BELLS
NATIONAL

DRW
42 INCH 5
DRW
MULTI
STATION
W/RACK
FUTURA

RFS-329.44-004

NONE

592.09

02/29/92

180

FITNESS
CENTER
NONE
119106050

4,251.2
0
534.21
589.88

02/29/92

180

02129/92
02129/92

180
190

FUTURA

119106041

589.88

02/29/92

180

ZX-405A
5 DRW 36
IN
5 DRW 36
IN
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
42 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
KXP1624
36 INCH 5
DRW
5 DRAWER
5 DRAWER
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
42 INCH 5
DRW
42 INCH 5
DRW
A245

802700X
NONE

527.67
538.21

02129/92
02129/92

60
180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

538.21

02129/92

180

NONE

538.21

02129/92

180

NONE

538.21

02129/92

180

NONE

592.09

02129/92

180

NONE

538.21

02129/92

180

NONE

538.21

02129/92

180

NONE

538.21

02129/92

180

1KMATJ74628
NONE

398.60
538.21

02129/92
02129/92

60
180

N-S/N
N-S/N
NONE

538.21
538.21
538.21

02/29/92
02129/92
02129/92

180
180
180

NONE

538.21

02129/92

180

538.21

02129/92

180

NONE

538.21

02129/92

180

NONE

538.21

02/29/92

180

NONE

592.09

02129/92

180

NONE

592.09

02129/92

180

METAL
(NONE)
NON
SERIALIZED
NONE
NONE

557.70

02129/92

60

4,251.2
0
534.21
538.21

02129/92

180

02129/92
02129/92

180
180

MULTI
STATION
W/RACK
36 INCH 5

59

--_..

_-~-~-

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX 8

P40389

CABINET, FILING, METAL

NATIONAL

P40390

CABINET, FILING, METAL

NATIONAL

P40391

TABLE, EXAMINATION

RinER

DRW
36 INCH 5
DRW
36 INCH 5
DRW
104

P40392

TABLE, EXAMINATION

RinER

104

P40393

TABLE, EXAMINATION

RinER

104

P40394

TABLE, EXAMINATION

RinER

104

P40396

CABINET, FILING, METAL

NATIONAL

P40398
P40400

CALCULATOR, ELECTRONIC
CABINET, FILING, METAL

SHARP
NATIONAL

P40401

CABINET, FILING, METAL

NATIONAL

P40402

CABINET, FILING, METAL

NATIONAL

P40403

CABINET, FILING, METAL

NATIONAL

P40404

CABINET, FILING, METAL

NATIONAL

P40405

CABINET, FILING, METAL

NATIONAL

P40407

DENTAL UNIT & COMPONENT

36 INCH 5
DRW
QS2760A
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
CELEBRITY

P40408

DENTAL UNIT & COMPONENT

P40409

DENTAL UNIT & COMPONENT

P40411

CABINET-SAFETY

P40413

CABINET, FILING, METAL

CHAIR,
HEALTHCO
CHAIR,HEALT
HCO
CHAIR,HEALT
HCO
FLAMMABLE
STG.
NATIONAL

P40414

CABINET, FILING, METAL

NATIONAL

P40417

CABINET, FILING, METAL

NATIONAL

P40418
P40449
P40450
P40455

CALCULATOR, ELECTRONIC
CALCULATOR, ELECTRONIC
CALCULATOR, ELECTRONIC
PRINTER, (PC)

P40460

P40470

RECEIVER, TV & CONSOLE
CABINET, FILING, METAL

SHARP
SHARP
SHARP
SHARP,
LASER
SHARP 19
NATIONAL

P40471

CABINET, FILING, METAL

NATIONAL

P40472

TYPEWRITER, ELECTRIC

IBM

P40473

CABINET, FILING, METAL

NATIONAL

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NON
SERIALIZED
NON
SERIALIZED
NON
SERIALIZED
NON
SERIALIZED
NONE

727.32

02/29/92

120

727.32

02/29/92

120

727.32

02/29/92

120

727.32

02/29/92

120

538.21

02/29/92

180

10057249
NONE

121.54
538.21

02/29/92
02/29/92

60
180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

592.09

02/29/92

180

011135891

625.27

02/29/92

120

CELEBRITY

011136291

625.27

02/29/92

120

CELEBRITY

011136691

625.27

02/29/92

120

METAUNONE

557.70

02/29/92

60

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

NONE

538.21

02/29/92

180

10058569
10056749
10056769
1621242X

121.54
121.54
121.54
746.99

02/29/92
02/29/92
02/29/92
02/29/92

60
60
60
60

370997
NONE

231.66
538.21

02/29/92
02/29/92

180
180

NONE

538.21

02/29/92

180

11-TRD08

508.37

02/29/92

60

NONE

538.21

02/29/92

180

A245

)

36 INCH 5
DRW
36 INCH 5
DRW
36 INCH 5
DRW
QS17060A
ZS2760A
ZS2760A
JX95000H
19
36 INCH 5
DRW
36 INCH 5
DRW
WHEELWRI
TER 2
36 INCH 5
DRW

60

P40474

CABINET, FILING, METAL

NATIONAL

P40478
P40479

CALCULATOR,ELECTRONIC
CABINET, FILING, METAL

SHARP
NATIONAL

P40480

CABINET, FILING, METAL

NATIONAL

P40484

CABINET, FILING, METAL

NATIONAL

P40485

CABINET, FILING, METAL

NATIONAL

P40489

CABINET·SAFETY

P40490

CABINET-SAFETY

P40491

CABINET-SAFETY

P40492

SEWER PIPE CLEANING
MACH
SAW, STATIONARY POWERED

FLAMMABLE
STG.
FLAMMABLE
STG.
FLAMMABLE
STG.
RIGID

NONE

538.21

02129/92

180

1D057229
NONE

121.54
538.21

02129/92
02129/92

60
180

NONE

538.21

02129/92

180

NONE

538.21

02129/92

180

538.21

02129/92

180

NONE-METAL

557.70

02129/92

60

A245

NONE-METAL

557.70

02129/92

60

A245

NONE-METAL

557.70

02129/92

60

VBV-39773

1,654.9
0
588.59

02129/92

99

02129/92

120

773.31
1,439.3
4
2,470.0
2
810.97
695.66
1,039.7
4
599.95

02129/92
02129/92

120
120

02129/92

120

02129/92
02129/92
02129/92

120
120
99

01/19/94

180

599.95

01/19/94

180

599.95
599.95
650.00

05/13/96
05/13/96

12128/93

180
180
120

650.00

12/28/93

120

777.57

12122/93

120

10/15/93

180

NON
SERIALIZED
NONE

4,600.0
0
4,600.0
0
866.27

10/15/93

180

01127/94

180

NONE

866.27

01127/94

180

NONE

866.27

01127/94

180

NONE

866.27

01/27/94

180

NONE

866.27

01127/94

180

36 INCH 5
DRW
1D
36 INCH 5
DRW
36 INCH 5
DRW
36 INCH
5DRW.
36 INCH 5
DRW
A245

LINCOLN

ROUTER
TYPE
RADIAL
ARM
BAND
WILTON
5810
G8000

TEEL
DAYTON
DAYTON

CODE N8
3ZC13
PORTABLE

DESK & TABLE, WOOD

TRICOR

DESK OAK

P40503

DESK & TABLE, WOOD

CET

DESK OAK

P40504
P40505
P40513

TRICOR
TRICOR
RS,SSS

DESK OAK
DESK OAK
17INCH

RS,SSS

17INCH

P40515

DESK OR TABLE, WOOD
DESK OR TABLE, WOOD
POLISHING & SCRUBBING
MAC
POLISHING & SCRUBBING
MAC
REFUSE CONTAINER/HOLDER

TILT TRUCK

P40516

GYMNASIUM APPARATUS

P40517

GYMNASIUM APPARATUS

P40520

CABINET, FILING, METAL

RUBBERMAID
1025
MUSCLE
MASTER
MUSCLE
MASTER
FILE CAB

P40521

CABINET, FILING, METAL

FILE CAB

P40522

CABINET, FILING, METAL

FILE CAB

P40524

CABINET, FILING, METAL

FILE CAB

P40525

CABINET, FILING, METAL

FILE CAB

P40493

DEWALT
DAYTON
DRILL PRESS

P40497
P40498
P40500

SAW, STATIONARY POWERED
DRILLS, HYDRAULIC
POWERED
WELDER, ARC, NON·ENG
DRIV
PUMP, TRASH
GENERATORS, PORTABLE
COMPRESSOR,AIR> 5HP

P40502

P40494
P40495
P40496

P40514

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX 8

88550
FUTURE
METALDRAWER
METALDRAWER
METAL·
DRAWER
METALDRAWER
METALDRAWER

0927
9109
28485
9791A1197826
3T712
1110166
081491L
480160
NO SER NUM
AVAL
NO SER NUM
AVAL
NONE
NONE

NONE,FOR
FOOD SVS
FUTURE

61

RFS-329.44-004

PERSONAL PROPERTY LISTING

APPENDIX B

NONE

866.27

01/27/94

180

NONE

866.27

01/27/94

180

4M6403509

2,040.0
0
1,944.8
1
19,474.
00
8,790.0
0
1,477.0
0
3,003.7
0

10120/93

60

02/18/94

120

02/18/94

120

03/16/94

180

02/18/94

180

06/02/94

180

14,250.
00
2,295.0
0
4,200.0
0
4,200.0
0
849.00

11/18/93

120

12/17/93

120

10/11/93

72

10/11/93

72

12/14/93

120

11/05/93

120

03/10/00

60

XEROX

METALDRAWER
METALDRAWER
5314 ZT

ICE 0 MATIC

BIN TYPE

W31701222W

P40532

ICE MAKING & DISPENCOR
MA
RANGE,TOP OVEN ELECTRIC

BLODGETI

P40535

MIXER, FOOD

EIGHTY QT

P40536

PUMP, FOOD PROCESSING

PITCO P18

COS·20
480V 3PH
W/BOWL
TRUCK
REV PUMP

P40537

FOOD SERVING EQUIP

SALAD BAR

10 X 4.5

P40539
P40540

TRACTOR, FARM, WHEEL
TYPE
GRADER, TOWED TYPES

P40541

SCOOTER,TRUCKSTER GAS

JOHN
DEERE
SWEEPER
BROOM
JOHN DEERE

P40542

SCOOTER,TRUCKSTER GAS

JOHN DEERE

P40543

TILLAGE EQUIPMENT

P40544

PLUMBING EQUIP, ALL TYPES

P40545

ELECTRONIC DETECTION
SYST

DISKFORTRACTOR
DRAIN
CLEAN
AVIONHEARTBEAT

P40526

CABINET. FILING, METAL

FILE CAB

P40527

CABINET, FILING, METAL

FILE CAB

P40528

COPYING MACHINE, PLAIN

P40530

5200
PULL
BEHIND
GATOR/UTI
L1TY
GATOR/UTI
L1TY
5-7 FOOTMETAL
DRAIN
CLEANER
ESDS201
REV C

N-S/N
F94BA00416
NONESTAINLESS
STL.
LV52000D220
465
HERBERT
LEWIS TRAC
2698
2859
NON
SERIALIZED
CC·15455
74357

1,173.0
0
48,000.
00

CCA VEHICLES 329.44
VIN

YEAR

MAKE

DESCRIPTION

1FDKE37H3GH819983
1FTYR10D55PB08131
1FTYR10D55PA64163
1FBSS31LX6HA13768
1FBSS31L36DA21413
2FMZA50674BB03583
1FTRF18233NB24529
1FBSS31L13HB04567
1FTSS34L73HB45552
1FBSS31L03HA18294
1FTSS34F52HB80812
1FTCR1 OA8TUB52204

1986
2005
2005
2006
2006
2004
2003
2003
2003
2003
2002
1996

FORD
FORD
FORD
FORD
FORD
FORD
FORD
FORD
FORD
FORD
FORD
FORD

ECONOLINETRUCK
RANGER PICKUP
RANGER PICKUP
ECONOLINE VAN
ECONOLINE VAN
FREESTAR
F·150 4 X4
ECONOLINE VAN
ECONOLINE VAN
ECONOLINE VAN
ECONOLINE VAN
RANGER PICKUP

MILEAGE
TITLE NUMBER AS OF 4/07

45268628
73207356
72295192
73207355
85272598
69946201
68571396
70163179
70163184
70163185
70163180
70163182

89,312
71,832
70,147
14,450
4,460
65,506
63,683
80,773
120,703
73,052
182,108
290,717

62

. _.-

-

_._.-

APPENDIX C

101.04.1
101.06
103.02
103.03
103.04
103.05
103.07
103.10
103.11
103.12
105.03
107.02
107.03
108.01
109.04
109.05
112.02
112.03
112.04
112.05
112.08
112.09
112.11
113.01
113.02
113.03
113.04
113.05
113.08
113.09
113.10
113.11
113.12
113.13
113.14
113.15
113.20
113.21
113.22
113.23
113.24
113.30
113.31
113.32
113.34
113.35
113.40
113.41
113.42
113.43
113.44
113.45
113.50
113.51
113.52
113.53
113.54

..

- --

._.

-

-'~'-'

._----_._-----.

----_._-~._.

_.

-_. .

CURRENT APPLICABLE TDOC POLICIES

RFS-329.44-004

Policies and Procedures Distribution/Inmate Access
Policy and Procedure Exemptions
Incident Reporting
Open Parole Hearings
Contacts with the Media
Inmate Emergency Notification
Annual Inspections
Title VI-Civil Rights Act of 1964
Victim Notification and Release of Victim Information
Documentation of Significant Offender Related Contacts
Diplomatic Access for Foreign National Inmates
Internal Affairs Operational Procedures
Institutional Investigator, Selection, and Responsibilities
Institutional Maintenance and Construction
Restriction of TOMIS and State Network Access by Offenders
Acceptable Use of Internet and Electronic Mail
Self-Contained Breathing Apparatus
Occupational Health and Safety
Fire Safety and Evacuation Plan
Monitoring and Conducting Fire and Safety Inspections
Personal Hygiene Resources for Inmates
Control and Use of Flammable, Toxic, and Caustic Materials
Smoking Policy-TDOC Institutions and Academy - ****** Will be revised by the effective date
of the contract to make this facility tobacco free
Health Services Administration
Health Care Facilities, Staffing, Equipment and Supplies
Disaster/Contingency Plan in Health Services
Medical Transfer of Inmates
Death and Autopsies
Prosthetics and Durable Medical Equipment
Health Services Continuous Quality Improvement
Credentials of Health Care Personnel
Clinical and Nursing Protocols
Specialty Consultant Services
Employee Health Care
Inmate Workers in Health Care
Inmate Co-payment of Health Services
Intake Physical Examination
Health Classification
Health Orientation
Initial Screening
Inmates Assigned to Food Services
Access to Health Care
Sick Call/Assessment of Health Complaints
Levels of Care
Inpatient Care
Modified Diets
Health Education
Health Maintenance and Preventive Health Care
Communicable Diseases
Immunizations
Tuberculosis Control
AIDS: Education, Prevention and Case Management
Health Records
Consent\Refusal of Treatment
Confidentiality/Release of Health Information
Accident/Injury Reporting
Health Statistics and Report
63

APPENDIX C

113.60
113.62
113.70
113.71
113.72
113.78
113.80
113.81
113.81.1
113.82
113.83
113.84
113.85
113.86
113.87
113.88
113.89
113.92
113.93
113.94
113.95
114.02
117.01
117.02
117.03
117.05
117.06
117.07
118.01
205.02
208.01
208.03
208.06
208.07
208.08
208.09
208.10
209.01
301.04
305.03
401.01
401.02
401.03
401.04
401.05
401.06
401.08
403.01
403.01.1
403.02
403.03
403.05
404.05
404.07
404.07.1
404.09
404.10
501.01

CURRENT APPLICABLE TDOC POLICIES

RFS-329.44-004

Dental Services Administration
Dental Specialties
Management of Pharmaceuticals
Administration/Distribution of Medication
Management of Hazardous Medical Devices
Radiology Services
Mental Health Service Delivery
Mental Health Documentation
Mental Health Encounter Logs
Mental Health Referral Triage Process
Psychiatric Intake Evaluation/Intake Update
Psychological Evaluations and Assessments
Mental Health Treatment Plan
Mental Health Due Process and Transfer
Mental Health Observation/Seclusion/Suicide/Restraint
Suicide Prevention
Psychotropic Medication/involuntary Treatment\Conservatorship
DNA Testing
Detoxification
Comprehensive Medical Drug Screening
Substance Abuse Services Delivery
Research Projects
Administrative Guidelines/Educational Programs
Academic Programs in Adult Institutions
Vocational Programs
Title One Programs
Inmate AcademicWocational Education Records
Special Education Programs
Religious Programs
Contract Monitoring
Trust Fund Accounts
Collection of Privilege Taxes and other Amounts Owed by Offenders
Money Found on Inmates and/or Institution
Reclaiming Confiscated Currency
Inmate Telephone Debit System
Arts and Crafts Sales
Voluntary Participation/Agreement with Wage Deductions -P.I.E. Programs
Commissary Pricing - To be effective July 1, 2007
Job Requirements
Employee/Offender Relationships
Classification Programs Administration
Receiving and Receipting of Inmates
Organization of the Classification Committee
Initial Classification Process
Reclassification Process
Custody Overrides
Classification Hearing Process
Institutional Transfers
Transfer of Records
Central Transportation System
Interstate Transportation
Population Reporting
Orientation Program
Minimum Custody Placement
Notification to Committing Jurisdictions
Protective Services
Administrative Segregation, Placement and Release
Inmate Grievance Procedures
64

APPENDIX C

502.01
502.02
502.04
502.05
502.06
503.07
503.08
503.11
504.01
504.02
504.04
504.05
505.01
505.07
505.08
505.09
505.10
506.01
506.06
506.07
506.07.1
506.07.2
506.07.3
506.07.5
506.08
506.10
506.11
506.12
506.13
506.14
506.14.2
506.15
506.16
506.20
506.21
506.25
506.26
506.28
507.01
507.01.1
507.02
508.04
510.02
511.01
511.01.1
511.02
511.03
511.04
512.01
513.02
513.04

CURRENT APPLICABLE TDOC POLICIES

RFS-329.44-Q04

Uniform Disciplinary Procedures
Disciplinary Punishment Guidelines
Rule Books for Inmates
Definitions of Disciplinary Offenses
Sexual Assault of Inmates
Inmate Marriages
Telephone Privileges
Motor Vehicle Operation by Inmates
Inmate Personal Property
Inmate Personal Property Accounting System
Inmate Pay
Inmate Clothing
Sentence Credits
Inmate Jobs
Community Service Work Projects
Responsibility of the Warden in TRICOR
Work Release Job Placement
Custody and Security Levels
Searches
Use of Force/Security Devices
Use of Chemical Agents
Trained Assault and Containment Team
Use of Electronic Restraint Devices
Use of Specialty Impact Weapons/Munitions
The Use of Weapons for Deadly Force
Escorted Emergency Visits
Population Count
Escapes
Identification of Inmates
Housing Assignments
Housing and Programming of Juvenile Inmates
Disposition of Contraband
Living Conditions for Segregated Inmates
Contingency Plans
Drug Testing of Inmates for Security Purposes
Security Threat Group Intelligence
Security Threat Group Program Identification, Placement, and Operation
Commissioner Security Alert
Visitation
Non-Contact Visitation
Inmate Mail
Counseling Services
Arts & Crafts Program & the Purchase of Arts & Crafts ItemsNocational Services
Furloughs
Medical Furloughs
Pre-Release Services
Release Procedures
Coordination/Cooperation with Board of Paroles
Inmate Institutional Records
Transition Center Programming
Transitional Assessment Plan

65

APPENDIX D

Appendix

RFS-329.44-004

D - Insurance

State of Tennessee
Department of Correction
General Insurance Specifications
Insurance Company Eligibility
Proposals will be accepted from Bidders whose insurance companies are authorized to do business in the Sate of Tennessee, having a
Best's Rating of "A" or better, and a financial size of "Class VII" or better, in the latest edition of Best's Insurance Reports. Any requested
deviation from this requirement must be included in the Written Comments. See Section 2 of the RFP Schedule of Events for the Written
Comments timeline. Such request will be addressed in the form of an Amendment to the RFP. Any non-admitted insurer must be on the
current approved list of the Tennessee Department of Insurance. This list can be accessed by going to:

www.state.tn.us/commerce/insurance/surpiuslines.htmiand clicking on the bullet point titled "List of Surplus Line Insurers."
Contractor and Insurance Company Services Required
The following list of required minimum services must be provided by the successful Contractor's insurance agent and/or by the insurance
company(ies):

I.

Qualified loss control personnel, either employees or qualified independent contractors, must make inspections of the
insured locations for loss prevention purposes for third party and employee exposures. If an independent contractor is
used, that organization must be identified in the proposal.

2.

A quarterly status of all claims occurring with respect to worker's compensation, general liability, and business automobile
liability insurance must be submitted to the State of Tennessee, Department of Correction. These reports must include at
least the following information:
a.
b.
c.

Amount of claim paid and/or reserved;
Claimant information; and
Cause and description of accident.

3.

The Contractor must prepare an annual listing of all State of Tennessee, Department of Correction, insurance policies
involved with this project including a discussion of the coverage provided and the estimated annual cost of each policy.

4.

At least thirty (30) days prior to each policy anniversary date, the Contractor must provide State of Tennessee, Department
of Correction, with renewal information, including estimated renewal premiums and suggested coverage changes.

5.

The Contractor must provide constant monitoring of all companies providing coverage for State of Tennessee, Department
of Correction, to ensure that the carriers are financially sound.

6.

The Contractor must furnish continuing advice and counsel to the State of Tennessee, Department of Correction, as
required.

7.

The Contractor must provide notification of any material changes in the financial status of insurers providing coverage
related to this facility including but not limited to downgrades from ratings agencies, mergers, acquisitions, or actions by
insurance regulators of the State of Tennessee, other states, or federal authorities.

8.

The Contractor must provide notification of any changes in the insurance carriers providing coverage.

Specimen Policies
Proposals will be accepted only if accompanied by specimen policies, showing all terms, conditions and exclusions as well as rates to be
used for audit purposes. Blank forms are acceptable provided that all rates are shown far auditable exposures. Rates may be shown either
on the policies or on a separate page.

Cancellation/Non-Renewal
Unless otherwise instructed, all policies shall be endorsed with an agreement that the company will give ninety (90) days prior written
notice, by registered mail to the State of Tennessee, Department of Correction, of its intention (I) to cancel, not renew, or make any
material change in the current coverages or premiums, or (2) to make any material change in the coverages or premiums on renewal of any
policy.
Page 1 0[24
66

APPENDIX D

RFS-329.44-004

Proposals
Proposals must be indicated as to separate types of insurance, although proposals may be for any package policy or mandatory groupings of
coverage. We have enclosed a "Premium Proposal Form" which must be returned with the proposal. Individual premiums and
combinations of premiums, to the extent applicable, must be indicated thereon, or on a reasonable facsimile thereof. Proposals will be
considered as binding for the first year of coverage, except for changes in hazards or exposure units occurring after the inception of the
Insurance.
The limits of liability and the scope of coverages indicated are suggested by the State of Tennessee, Department of Correction, as a starting
point. Evaluation of proposals will take into consideration deviations from and enhancements to the Insurance Specifications as set forth in
this Addendum to the RFP.

Review of Insurance
It is intended that all insurance will be reviewed for contract compliance. However, the State of Tennessee, Department of Correction, reserves
the right to reject all or any part of the insurance at any time. The review of insurance will be based upon:

1.
2.
3.

Scope of coverage;
Company financial stability, experience and industry standing; and
Underwriting, claims and engineering services.

It is considered highly desirable, but not mandatory, to place as much of the insurance coverage with one principal company as practical.
Therefore, proposals will be evaluated on an overall underwriting basis but the State of Tennessee, Department of Correction, may require
any combination of coverage as it sees tit.

The limits required by the State of Tennessee, Department of Correction, are the minimum limits acceptable. However, these limits
are not to be construed as being the maximum any prospective contractor may wish to purchase for their own benefit.
Nothing herein shall in any way limit the right of the State of Tennessee, Department of Correction, to recourse to the fullest extent
permitted by law.

As respects the total limits of liability requested, 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 coverages.
Named Insured
See attachment I to Appendix D - Insurance found on page 3 of24.

Signature
All proposals will be considered as binding the insurance company. Therefore, each "Premium Proposal Form", or a reasonable facsimile
thereof, should be signed by the Contractor's authorized Insurance Company representative who has binding authority.

Instructions
Pages I through 16 provide details on the scope of coverage specified in this RFP.
Pages 17 to 24 should be completed and returned in accordance with the Proposal Deadline as set forth in Section 2 (RFP Schedule of
Events) of this RFP.

Page 2 of 24

67

APPENDIX D ATIACHMENT I

RFS-329.44-004

Attachment I
to Appendix D . Insurance
Named Insured

Unless otherwise instructed, the named insured for all insurance coverages should be:
The Contractor; and as respects damages and defense of claims arising from:
(a)
(b)
(c)

activities perfonned by or on behalf of the Contractor,
products and completed operations of the Contractor, or
premises owned, leased, or used by the Contractor; any subsidiary, affiliate, division or subdivision, corporate or otherwise,
as may now or hereafter be constituted, and any other entity of which the named insured assumes management control;

Include as an Additional Insured:
State of Tennessee, Department of Correction, and all State ofticers, employees, and volunteers whether in their official or
individual capacities
a.

in areas where the State of Tennessee, Department of Correction, and all State ofticers, employees, and volunteers whether
in their official or individual capacities are not protected by immunity

b.

up to the limits of $300,000/$1,000,000 in areas where the State's tort liability is limited by T.C.A 9-8-307(e) as it may be
amended or construed by the cOUlis and/or claims commission.

Page 3 of24

68

APPENDIX D ATTACHMENT I

RFS-329.44-004

Workers Compensation
Named insured:

Attachment I to Appendix D - Insurance

Coverage:

Statutory workers compensation and employers liability insurance.

Limits:

Employers Liability
Insurance

Covered States:

Tennessee

Scope of Coverage:

I.

$1,000,000 per accident
$1,000,000 per employee disease
$1,000,000 Policy limit disease
or as required by excess insurer.

Other states insurance shall be afforded.

2.

The voluntary compensation and employers liability coverage endorsement is to be
attached.

3.

Foreign voluntary compensation with repatriation expense at a $ I0,000 limit shall apply.
Include endemic disease.

4.

USL&H.

5.

Repatriation expense with a $100,000 limit shall apply.

6.

Coverage for endemic disease to be provided.

7.

Coverage shall include stop gap liability employers liability in monopolistic states.

8.

Federal Employers Liability Act will be included.

9.

Waive liability for any actions against the State of Tennessee.

Page 4 of 24

69

APPENDIX D ATTACHMENT I

RFS-329.44-004

General Liability Excluding Products
and
Completed Operations
Named Insured:

Attachment I to Appendix D - Insurance

Coverage:

Quote either the comprehensive or commercial general liability format on an occurrence basis,
A.

Comprehensive General Liabilitv

Coverage should include premises, operations, independent contractors, and broad form
comprehensive general liability or their equivalent coverages.
Limit: $5,000,000 combined single limit per occurrence and $10,000,000 aggregate
B.

Commercial General Liabilitv

Coverage A should include premises, operations, independent contractors,
contractual liability, tire legal liability and broad form property damage
coverages.
Coverage B should include personal injury and advertising injury.
Coverage C, medical payments, is not desired.
Limits:
Each occurrence:
Quote $5,000,000
Personal and advertising injury limit:
Quote $5,000,000
General aggregate limit:
Quote $10,000,000
Deductible:

Specify whether a deductible, if any, will apply

Scope of Coverage:

l.

Provide blanket contractual liability for any agreement relating to the business
of the insured, including oral agreements.

2.

Coverage to apply to liability arising out of independent contractor operations.

3.

Employees shall be additional insureds while acting within the scope of their duties.

4.

Personal injury and advertising injury liability shall be included with the employment and
contractual exclusions deleted.

5.

Provide liquor legal liability coverage.

6.

Fire legal liability is to be insured with a limit of $1,000,000 per occurrence for real
property.

7.

Any waiver of subrogation shall be permitted, provided such waiver takes place before the
loss and with prior consent of the State of Tennessee, Department of Correction.

8.

Coverage to include non-owned watercraft liability with no length restriction.

9.

Bodily injury liability arising from protecting persons or property to be insured.

10.

Incidental malpractice liability coverage to be afforded.

II.

Worldwide coverage shall apply for claims or suits brought within the United States.

12.

Delete any explosion, collapse and underground property damage exclusions.

Page 5 of24

70

APPENDIX D ATIACHMENT I

13

Provide broad torm property damage liability.

14.

Delete any alienated premises exclusion.

15.

Notice of occurrence:

RFS-329.44-004

When an occurrence takes place, written notice shall be given by or on behalf of the
insured to the company or any of its authorized agents as soon as practicable after the
accident or occurrence becomes known to the Risk Manager.
16.

Blanket additional insureds:
All persons or entities (except vendors) tor whom the insured has agreed to provide
insurance in accordance with the terms of oral or written agreements shall be covered as
additional insureds.

17.

Cross Liability:
Employees of one insured shall be deemed members of the public as concerns other
insureds. Said relationship shall be considered as applying to all of the insureds named as
such in the definition of insureds.

18.

Errors and omissions:
Coverage shall not be invalidated or affected by errors, inadvertent omissions, or improper
descriptions of premises or operations described in the policy.

19

Employee benefits liability should be provided with limits of $1,000,000 each claim or
occurrence. Premium to be shown separately.

20.

Stand alone coverage tor this project is desired, However, if the commercial general
liability format is used, the aggregate limits are to apply per location and per project.

21

Amend the definition of personal injury to include mental anguish, mental injury,
humiliation, discrimination and any other injury to the feelings and reputation ala natural
person, except where prohibited by law.

22.

Delete any fellow employee exclusion.

23.

Failure to give notice:
The rights of the insured shall not be prejudiced if there is a failure to give notice of
occurrence or incident due to the insured's inadvertent error or omission.

24.

Extend coverage to provide sudden and accidental pollution liability.

25.

Delete exclusions tor personal injury and advertising injury arising out of advertising,
publishing, broadcasting or telecasting.

26.

Extend the coverage territory to a worldwide basis without limitations on where claim or
suit is brought.

27.

Medical and Professional Liability for employed nurses, doctors, attorneys, counselors,
psychologists and/or social workers. (If not quoted with general liability, separate quotes
should be obtained.)

28.

Extend coverage to include sexual abuse/molestation.

29.

Extend coverage to include civil rights violations, which will include all claims brought by
any persons based in whole or in part on an alleged violation of the federal or state
constitutions, statutes or regulations, including but not limited to, suits brought pursuant to
42 U.S.C. S 1983.

30.

Extend coverage to include communicable disease.

31.

Extend coverage to provide coverage for special or punitive damages where permitted by
law or public policy.

32.

Coverage to include unlimited defense coverage in addition to limits of liability.

33.

Extend coverage to include assault and battery as a covered act.

Page 6of24

71

APPENDIX D ATTACHMENT I

RFS-329.44-004

Products and Completed Operations Liability
Named Insured:

Attachment I to Appendix D - Insurance

Coverage:

Quote either the comprehensive or commercial general liability format on an occurrence basis,
A.

Comprehensive General Liabilitv
Coverage should include products, completed operations, and related broad form
comprehensive general liability or their equivalent coverages.
$5,000,000 combined single limit per occurrence and $10,000,000 aggregate

B.

Commercial General Liabilitv
Coverage A should include products, completed operations, contractual liability, and
related broad form property damage coverages.
Limits:
Each occurrence: $5,000,000
Products and completed operations aggregate limit:
Quote $10,000,000

Deductible:

SpecifY whether a deductible, if any, will apply

Scope of Coverage:

1.

Provide blanket contractual liability for any agreement relating to the business
of the insured, including oral agreements.

2

Employces shall be additional insureds while acting within the scope of their duties.

3

Any waiver of subrogation shall be permitted, provided such waiver takes place before the
loss and with prior consent of the State of Tennessee, Department of Correction.

4.

Worldwide coverage shall apply for claims or suits brought within the United States.

5.

Provide broad form property damage liability for completed Operations.

6.

With respect to the completed operations hazard, exclusion "0" or "z" or its equivalent
should be modified to read as follows:
With respect to the completed operations hazard and with respect to any classifications
stated as "including completed operations," to property damage to that smallest identifiable
portion or the work performed by the named insured or to parts or equipment furnished in
connection therewith that is defective or actively malfunctions, arising out of the work or
portion thereof
If the commercial format is used, paragraph I of exclusion L should be modified as follows:
Property damage to the smallest identifiable portion of your work arising out of it or any
part of it and included in the products/completed operations hazard.

7.

Notice of occurrence:
When an occurrence takes place, written notice shall be given by or on behalf of the
insured to the company or any of its authorized agents as soon as practicable after the
occurrence becomes known to the Risk Manager.

Page70f24

72

APPENDIX D ATTACHMENT I

RFS-329.44-004

8.

Provide additional insured - vendors coverage on a blanket basis.

9.

Cross Liability:
Employees of one insured shall be deemed members of the public as concerns other
insureds. Said relationship shall be considered as applying to all of the insureds named as
such in the definition of insureds.

10.

Errors and omissions:
Coverage shall not be invalidated or affected by errors, inadvertent omissions, or improper
descriptions of premises or operations described in the policy.

11.

Failure to give notice:
The rights of the insured shall not be prejudiced if there is a failure to give notice of
occurrence or incident due to the insured's inadvertent error or omission.

12.

Extend the coverage territory to a worldwide basis without limitation as to where claim or
suit is brought.

Page 8 of24

73

RFS-329.44-004

APPENDIX D ATTACHMENT I

Business Auto Liability
Named Insured:

Attachment I to Appendix D - Insurance

Coverage Limits:

Insurance to be provided under a business auto form:

Scope of Coverage:

Coverages

Symbol

Limit

Liability
Personal Injury Protection
Uninsured Motorists

I
10 Any Auto
10 Any Auto

$5,000,000
$5,000,000
$5,000,000

I.

Notice of accident:
When an occurrence takes place, written notice shall be given b) or on behalf of the insured
to the company or any of its authorized agents as soon as practicable after the accident or
occurrence,

2.

Failure to give notice:
The rights of the insured shall not be prejudiced if there is a failure to give notice of
accident or incident due to the insured's inadvertent error or omission.

3.

Contractual liability coverage is to be included in the business auto form. Contractual
liability is to apply for all hired vehicles, regardless of the term of hire or size of autos.

4.

Blanket additional insureds:
All persons or entities for whom the insured has agreed to provide insurance in accordance
with the terms of vehicle leases or other oral or written agreement shall be covered as
additional insureds.

5.

Errors and Omissions:
Coverage shall not be invalidated or affected by any errors, inadvertent omissions or
improper descriptions of underwriting information, autos, their use, or garaging locations.

6.

Any "fellow employee" suits exclusions shall be deleted utilizing the following:

For all employees
7.

An "Employees as Insureds" endorsement is to be attached.

8.

Include Pollution Liability

9.

Provide non-owned auto liability coverage

Page 9 of24

74

RFS-329.44-004

APPENDIX 0 ATTACHMENT I

Owned & Non-Owned Aircraft Liability
Named Insured:

Attachment I to Appendix D - Insurance

Coverage:

Quote owned and non-owned aircraft coverage

Limits:

$10,000,000 and/or $20,000,000 per occurrence

Scope of Coverage:

I.

Include bodily injury, property damage and mental anguish

2.

Include bodily injury coverage for

3.

Include the claims of employees (crew)

4.

Coverage to apply on a worldwide basis

5.

Indicate the seating capacity of aircraft owned and/or leased

6.

Extend coverage to include contractual liability, both written and verbal

7.

Notice of Occurrence:

passenger~

(per seat)

When an occurrence takes place, written notice shall be given by or on behalf of the insured to
the Company or any of its authorized agents as soon as practicable after an accident or
occurrence becomes known to the Risk Manager.

Page 10 of24

75

APPENDIX D ATIACHMENT I

RFS-329.44-004

Umbrella/Excess Liability
Named Insured:

See Attachment I to Appendix D - Insurance

Coverage Limits:

It is permissible to meet minimum limit requirements in total by using a combination of primary and
excess policies. Please note that if the excess policy form utilized has an overall aggregate policy limit,
the total coverage provided must not be less than that which would have been available for any
combination of general liability, auto liability and employers liability claims at the primary limit
minimum specified.

Deductible:

Specify what deductible or self insured retention, if any, wi II apply

Scope of Coverage:

"Pay on Behalf of' policy form preferred.
The excess underwriter has reviewed the extensions of primary coverage parts and agrees to follow
these forms by endorsement. Any exceptions to this must be specifically identified.
First Dollar Defense coverage is to be provided.
Defense without limitation is to be provided in addition to the policy limit.
While a zero ($0) self-insured retention is preferred for this coverage, this coverage may be unavailable
or unaffordable. If a self·insured retention is required to obtain coverage, it should be at a level
consistent with the financial strength of the proposer.
List any terms, conditions, or limitations of coverage, not in common with those of the primary
insurance specifications.

Page 11 of24

76

APPENDIX D ATIACHMENT I

RFS-329.44-004

Directors & Officers Liability
Named Insured:

List insured organization

Coverage:

Quote coverage for Directors and Officers and for Corporate Reimbursement

Limits:

$10,000,000 annual aggregate with (various) deductible (options) for corporatc reimbursement I $0
retention for individual Directors & Officers

Deductible:

Specify what deductible or self-insured retention, if any, will apply.

Scope of Coverage:

1.

Include wrongful act(s) defined in policy form

2.

Prior acts coverage should be included (Continuity of Coverage)

3.

Include clause stating to the effect that information on the application will not void coverage for
all insurcds (Severability)

4.

A policy paying 100% excess of the underlying retention is preferred, a small amount of
coinsurance, consistent with the strength of the proposer, will also be considered.

5.

Include discrimination coverage

6.

Include punitive or exemplary damage coverage

7.

Include clause which picks up any inadvertent failure to maintain insurance

8.

Minimum discovery period of one year

9.

Include wrongful acts reported during the policy term

10.

Failure to file notice:
The rights of the insured shall not be prejudiced if there is a failure to give notice of an
occurrence or incident due to inadvertent error or omission on the part of the insured

II.

Delete the anti-trust exclusion

12.

Permit claims brought by governments

13.

Include clause stating that coverage will not be invalidated by insured's insolvency

14.

Permit Insured vs. insured claims for wrongful termination

15.

Include marital estate extension

16.

Delete the RICO exclusion (Racketeering, Influence and Corrupt Organization)

17.

Entities coverage: include coverage for the corporation itself, not just the Directors and Officers
of same.

18

Include Employment Practices Liability (It is acceptable to provide this coverage under a
separate policy form with limits equal to the 0&0 limit.)

Page 12 of24

77

APPENDIX D ATIACHMENT I

RFS-329.44-004

Environmental Impairment Liability
Named Insured:

Attachment I to Appendix D - Insurance

Coverage:

Liability for bodily injury and property damage resulting from sudden, accidental or gradual
pollution arising from operations conducted by the insured.

Limits:

$5,000,000 each pollution incident / $10,000,000 aggregate

Coverage Locations:

1.

All premises

2.

Alienated premises (if any present locations are alienated).

Deductible:

SpecifY the deductible which will apply

Scope of Coverage:

1.

On and off premises clean-up costs, including those for corrective
action are to be covered.

2.

Employees shall be additional insureds while acting within the scope of their duties.

3.

Prior Acts coverage shall be afforded, if claims made.

4

The cost of appeal and defense should be payable in addition to the limits of liability.

5

The policy is to comply with the requirements of the tinancial responsibility regulations
of the Environmental Protection Agency regarding petroleum underground storage tanks.

6.

Include Extended Reporting Provision; indicate cost, duration and implications if insured
cancels.

Page 13 of24

78

APPENDIX D ATIACHMENT I

RFS-329.44-004

Professional and Medical Liability
(Nurses, Doctors, Attorneys, Counselors, Psychologists, Social Workers)
Named Insured:

See Attachment I to Appendix 0 - Insurance and any individual who was, now is or shall be
employed as a nurse, doctor, attorney, counselor, psychologist or social worker of the contractor.

Coverage:

Professional Liability fonn to insure bodily injury, including mental injury or death, arising out of the
rendering or failure to render professional services.

Limits:

$5,000,000 each occurrence;
$10,000,000 annual aggregate;

Other at option of the proposer.

Deductible:

Specify what deductible or self-insured retention, if any, will apply.

Scope of Coverage:

I.

Coverage should be on an occurrence basis or claims made with a 3 or 5 year tail.

2.

Full Prior Acts coverage shall be afforded.

3.

All proposals should disclose the cost of an extended reporting provision and the conditions
under which it may be purchased.

Page 14 of24

79

APPENDIX D ATIACHMENT I

RFS-329.44-004

Property / Boiler and Machinery
Named Insured:

See Attachment I - Appendix 0 - Insurance

Coverage:

"All Risks" of Physical Loss or Damage including the perils of earthquake and flood

Limits:

Building $5,000
Contents of Contractor on location (contractor will be solely responsible for all loss or damage to
contractor owned property.)

Sublimits:

Transit
Extra Expense
Electronic Data Processing
Expediting Expense
Service Interruption (PO & BI) - all utilities
Contingent Extra Expense
Business interruption including Ordinary Payroll
OfTsite Storage
Errors & Omissions
Mechanical Breakdown, Electrical Arcing
Pollution Contamination
Personal Property of Employees
Contingent Business interruption

Deductibles:

$250

Term & Conditions:

90 day notice of cancellation
Repair or Replacement Coverage
Automatic Reinstatement of Limits
Coinsurance - 100'Yo - Waived
Permit Other Insurance

Page 15 of24

80

APPENDIX D ATIACHMENT I

RFS-329.44-004

Employee Dishonesty
Named Insured:

See Attachment I to Appendix D - Insurance

Coverage:

Quote blanket employee dishonesty (Fidelity) coverage

Limits:

At a minimum, $50,000 per loss

Scope of Coverage:

1. Include a Faithful Performance Rider to cover the malfeasance, misfeasance,
or nonfeasance of duties of the Contractor.

2.

Notice of occurrence:
When an occunence takes place written notice shall be given by or on behalf of the insured to the
Company or any of its authorized agents as soon as practicable after an accident or occunence
becomes known to the Risk Manager.

3.

Failure to tile notice;
The rights of the insured shall not be prejudiced if there is a failure to give notice of an
occurrence or incident due to inadvertent error or omission on the part of the insured.

4.

Include Employee Benefit Plans as Insureds.

Page 16 of24

81

APPENDIX D ATIACHMENT I

RFS-329.44-004

State of Tennessee
Department of Correction
Proposal Form for Appendix D - Insurance
Must be completed and returned in accordance with the instructions as set forth on Page 2 of 24 of
Appendix D. Please provide additional information for any responses that vary from the requirement of
the RFP.
General Conditions
Insurance company eligibility
90 day notice of cancellation
non-renewal
material change
Contractor and Insurance company services
Named insured (See Attachment I to Appendix D - Insurance)

Yes
- - - Yes
_ _ _ Yes
Yes
Yes
Yes

- - - No
No
No
No
No
No

Yes
_ _ _ Yes

No
- - - No

Yes
_ _ _ Yes

No
No

- - - Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No
No
No
No
No

Yes
Yes
Yes

No
No
No

Yes
Yes
Yes

No
No
No

Yes
Yes
Yes

No
No
No

Workers Compensation
Coverage
Limits - $1,000,000 / 1,000,000/ 1,000,000
States Covered:
TN
List any other
Scope of Coverage:
Includes:
1.
Other states insurance
2.
Voluntary compensation
3.
Foreign voluntary compensation endorsement
4.
U.S.L. & H. endorsement
5.
Excess repatriation expense coverage $100,000 limit
6.
Endemic disease coverage
7.
Stop gap (all monopolistic states)
8.
FELA
9.
Waive actions against State of Tennessee
Experience mod:
Interstate:
General Liability Excluding Products / Completed Operations
Coverage:
Comprehensive form
Commercial form
Occurrence basis

---

Scope of Coverage Includes
1.
2.
3.
4.
5.
6.
7.

Blanket contractual liability
Independent contractors
Employees as insureds
Personal Injury and advertising Injury Employment exclusion deleted
Contractual exclusion deleted
Liquor liability
Fire legal-$I,OOO,OOO
Waiver of subrogation
Page 17 of24

82

APPENDIX D ATTACHMENT I

8.

9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.

22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.

Non-owned watercraft
No length limitation
Extended bodily Injury
Incidental medical malpractice
Worldwide coverage
Delete X C and U exclusions (If any)
Broad form properly damage
Delete alienated premises exclusion
Notice of occurrence
Blanket additional insureds
Cross liability
Errors and omissions
Employee benefits liability
Aggregate limits per location/project
Personal injury to include:
Mental anguish
Mental injury
Humiliation
Discrimination
Any other injury to the feelings and reputation of a natural person
Delete fellow employee exclusion
Failure to give notice endorsement
Sudden and accidental pollution
Advertising publishing exclusion deleted
Worldwide basis
Medical and Professional liability
Sexual abuse / molestation coverage
Civil rights violations
Communicable disease
Punitive damages
Unlimited defense in addition to limits
Assault & Battery as a covered act

RFS-329.44-004

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No
No
No
No
No
No
No
No
No

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No

Yes
Yes
Yes

No
No
No

Limits:
Comprehensive General Liability Form:
$10,000,000 CSL
$ 1,000,000 Employee Benefits Liability

Premium:
SIR/Deductible:

Commercial General Liability Form:
$ 5,000,000
$10,000,000

occurrence
aggregate

Premium:
SIR/Deductible:

Products and Completed Operations Liability
Coverage:
Comprehensive form
Commercial form
Occurrence basis

Page 18 of24

83

APPENDIX D ATIACHMENT I

Scope of Coverage:
Includes:
1.
Blanket contractual
2.
Employees as insureds
3.
Waiver of subrogation
4.
Worldwide coverage
5.
Broad form property damage
6.
Exclusion 0 modified
Exclusion Z modified
Exclusion L modified
7.
Notice of occurrence
8.
Blanket additional insureds - vendors
9.
Cross liability
10.
Errors and omissions
11.
Failure to give notice
12.
Worldwide basis

RFS-329.44-004

___
___
-----

---

___

Limits:
Comprehensive General Liability Form:
$10,000,000
CSL

Premium:
SIR/Deductible:

Commercial General Liability Form:
$ 5,000,000
occurrence
$10,000,000
aggregate

Premium:
SIR/Deductible:

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No
No
No
No
No
No
No
No
_ _ _ No

_

-------------

Business Auto Liability
Covered autos:
Liability UMPIP -

symbol 1
symbol 10
symbol 10

Scope of Coverage:
Includes:
1.
Notice of accident
2.
Failure to give notice
3.
Contractual liability
All hired autos regardless of term or size
4.
Blanket additional insureds
5.
Errors and Omissions
6.
Fellow employee exclusion deleted
7.
Employees as insureds
8.
Pollution liability
9.
Non owned automobile liability

Limits:
$ 5,000,000

CSL

Yes
Yes
- - - Yes

No
No
- - - No

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

_ _ _ No

----___
--___
___

---

No
No
No
No
No
No
No
No
No

Premium:
SIR/Deductible:

Page 19 of24

84

RFS-329.44-004

APPENDIX D ATIACHMENT I

Owned and Non-owned Aircraft Liability
Owned Liability coverage
Non-owned liability coverage

Yes
Yes

No
No

Scope of Coverage:
Includes:
1.
Bodily injury property damage and mental anguish
2.
Bodily injury passengers
3.
Claims of employees
4
Coverage territory worldwide
5.
Specify seat capacity warranty
6.
Contractual liability
7.
Notice of occurrence
Premium
$10,000,000 limit
$20,000,000 limit

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No
No
No
No

Yes

No

Yes
Yes
Yes

No
No
No

Yes
Yes
Yes

No
No
No

Yes
Yes
Yes

No
No
No

(number)

Umbrella / Excess Liability
1.
Policy aggregate
Includes
Specify Total
2.
"Pay on Behalf of' Form
3.
Named Insured as per Attachment I to Appendix D - Insurance
4.
Follow form all primary extensions
List all exceptions

5.
6.
7.

8.

First dollar defense
Defense in excess oflimits
Zero Self Insured retention
If no, state deductible or SIR
List non-concurrent (with

N/A
N/A

_

Ptimary)

Terms, conditions or limitations

Limits:
Premium:

-----------

----------

Directors and Officers
List insured organization(s)

Coverage:
Occurrence Coverage
Directors and Officers liability
Corporate reimbursement
Page 20 of24
85

APPENDIX D ATIACHMENT I

RFS-329.44-004

Scope of Coverage:
Includes:
VVrongfUlactdefined
Complete prior acts
Infonnation on application will not void coverage for all insureds
Policy pays 100% excess of retention
S.
Discrimination coverage
6.
Punitive or exemplary damages covered
7.
Failure in maintaining Insurance
8.
Discovery Period:
Cost
Duration
If insurance cancels
9.
VVrongfUl acts reported during policy coverage
10.
Failure to file notice
11.
Delete anti-trust exclusion
12.
Allow claims brought by governments
13.
Coverage if insured insolvent
14.
.Insured versus insured claims for wrongfUl tennination
15.
Marital Estate Extension
16.
Delete RICO exclusion
17.
Entity coverage
18.
Employment Practices Liability

Yes
Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No
No

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No
No
No
No
No
No
No
No

Coverage - gradual
Coverage-sudden, accidental
Occurrence coverage

Yes
Yes
Yes

No
No
No

Covered locations:
1.
All locations-statement of values
2.
All job sites
3.
Specified sites
List

Yes
Yes
Yes

No
No
No

Yes
Yes
Yes
Yes
Yes
Yes

No
No
No

Yes

No

1.
2.
3.
4.

Limits and retentions:
$10,000,000 annual aggregate
Deductible Option 1
Deductible Option 2
Other

Premium:

Environmental Impairment Liability

Deductible

Scope of coverage:
Includes:
1.
On/Off premises cleanup costs including corrective action
2.
Employees as insureds
3.
Prior acts coverage (if claims made)
4.
Defense in addition to the limit
5.
Compliance with EPA requirements
6.
Extended reporting provision
Cost
Duration
If insured cancels

No
No

No

Page 21 of24

86

RFS-329.44-004

APPENDIX D ATTACHMENT I

Premium:

Limits:

$5,000,000 incident / $10,000,000 aggregate

_

Property / Boiler & Machinery
Named Insured: As per Attachment I to Appendix D - Insurance

- - - - Yes

No

Scope of Coverage:
1.
2.
3.
4.

5.

6.
7.

8.
9.

10.
11.
12.
13.
14.
15.
16.
17.

18.
19.
20.

21.
22.
23.
24.

25.

Is "All Risk" coverage provided
Does quote include the peril of Flood
Does quote Include the peril of Earthquake
Is coverage on a Repair and Replacement Basis
Is Automatic Reinstatement of Limits Included
What coinsurance % Is used
Is it waived
Does quote include building
Does quote include office equipment
Does quote include EDP exposures
Does quote include all other contents
Does quote include boiler & machinery exposures
Does quote include transit
Does quote include extra expense
Does quote include expediting expense
Does quote include service interruption for all utilities
Does quote include contingent extra expense
Does quote include business interruption including ordinary payroll
Does quote include offsite storage
Does quote include errors and omissions
--Does quote include mechanical breakdown or electrical arcing
Does. quote include pollution and contamination
--___
Does quote include personal property of employees
Does quote include contingent business interruption
Will form permit other insurance?

Deductible (options)

----

Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No

_

Limits & Sub-limits

Premium

Page 22 of24

87

APPENDIX D ATTACHMENT I

RFS-329.44-004

Employee Dishonesty
Named Insured:
Insurance
Coverage:
(Fidelity Coverage)
Deductible:
Limits:

As per Attachment I to Appendix 0 Blanket employee dishonesty

Yes

No

Yes

No

Scope of Coverage:
1. Is Faithful Performance Rider included?
Does it include Malfeasance?
Does it Include Misfeasance?
Does it Include Nonfeasance?

Yes
Yes
Yes
Yes

No
No
No
No

2. Notice of Occurrence wording
3. Failure to file notice
4. Includes Employee Benefit Plans as insureds?
Premium:

Yes
Yes
Yes

No
No
No

Professional and Medical Liability
(Nurses/Doctors/Counselors/Psychologists/Social Workers)

Named Insured:
As per Attachment I to Appendix 0 Insurance
Scope of Coverage
1.
Is occurrence coverage provided?
If no, does claims made quote include "tail" coverage?
2.
For what period of time
years.
3.
Full Prior acts
4.
Extended reporting provision
Cost
Duration
If insured cancels

Yes

No

Yes
Yes

No
No

Yes
Yes

No
No

N/A
N/A

Yes

No

N/A

Limits:
$ 5,000,000 each occurrence
$10,000,000 annual aggregate
SIR/Deductible:

Premium:

----~----

_

Page 23 of 24

88

APPENDIX D ATIACHMENT I

RFS-329.44-004

Deviations from Specifications:

Insurance Companies Utilized:
Coverage
(Indicate mandatory groupings)

Company

Does your agent have binding authority with each company utilized in this proposal, Yes _
No_
If not, indicate those companies for which an agency agreement does not exist and affix the signature,
title, and mailing address of an insurance company employee authorized to bind coverage and
countersign policies on their behalf.

Contractor submitting proposal:
Insurance Agent / Company
Employee:
Address:
Phone Number:
Signature:
Note:

Must be an authorized representative or employee of the insurance company who has
binding authority. If more than one Company Is used, attach an authorized signature for
each.
Page 24 of 24

89

RFS-329.44-004

APPENDIX E - Liquated Damages Schedule

Liquidated damages will be calculated in accordance with the following formula:
V x B x $25.00 where

v = Relative value of Service Area
B = Relative value of the Breach

Service Area 1 - Value = 5: Inmate Classification, Custody and Movement, Access to Courts,
Disciplinary Procedures, Inmate Relations, Sentence Reduction Credits, Sentence Computation,
Inmate Records:
Contractor Breach:
Failure of Staff
Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Standards

B

5
4
3
5

Service Area 2 - Value = 4: General Administration, Personnel and Training, Security and Control,
Use of Force, Health/Medical/Mental Health/Dental, Inmate Work and Education, Transportation,
Inmate Drug Testing:
Contractor Breach:
Failure of Staff
Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Standards

B

5
3
2
5

Service Area 3 - Value = 3: Equipment, Supplies and Perishables, Sanitation and Hygiene, Facility
Management, Maintenance, and Utilities:
Contractor Breach:
Failure of Staff
Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Standards

B
4
2
1
4

Service Area 4 - Value =2: Personal Property, Visitation, Food Service, Laundry and Clothing,
Recreation, Library, Commissary, Religious Services, Volunteer Services, Released Inmates,
Telephone and Correspondence, Inmate Trust Fund, Community Relations, and other requirements
of the Standards:
Contractor Breach:
Failure of Staff
Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Standards

B
4

1
1
4

90

APPENDIX F

RFS-329.44-004

FEDERAL BUREAU OF INVESTIGATION
CRIMINAL JUSTICE INFORMATION SERVICES
SECURITY ADDENDUM
The goal of this document is to provide adequate security for criminal justice systems while under the control or
management of a private entity, the Contractor. Adequate security is defined in Office of Management and Budget
Circular A-130 as "security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or
unauthorized access to or modification of information.'
The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with
federal and state laws, regulations and standards (including the CJIS Security Policy in effect when the contract is
executed), as well as with policies and standards established by the Criminal Justice Information Services (CJIS)
Advisory Policy Board (APB).
This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance
of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's
information resources are not compromised. The security program shall include consideration of personnel
security, site security, system security and data security.
The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities
supporting and/or acting on behalf of the government agency.

1.00 Definitions
1.01 Administration of criminal justice - the detection, apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
It also includes criminal identification activities: the collection, storage, and dissemination of criminal history
record information; and criminal justice employment.
1,02 Agency Coordinator (AC) - a staff member of the Contracting Government Agency, who manages the
agreement between the Contractor and agency.
1.03 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a
Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security
Addendum,
1.04 Contractor - a private business, organization or individual which has entered into an agreement for the
administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency.
1.05 Control Terminal Agency (CTA) - a duly authorized state or federal criminal justice agency with direct access
to the National Crime Information Center (NCIC) telecommunications network providing statewide (or
equivalent) service to its criminal justice users with respect to the various systems managed by the FBI CJIS
Division.
1.06 Control Terminal Officer (CTO) - an individual located within the CTA responsible for the administration of the
CJIS network for the CTA,
1.07 Criminal Justice Agency (CJA) - The courts, a governmental agency, or any subunit of a governmental
agency which performs the administration of criminal justice pursuant to a statute or executive order and
which allocates a substantial part of its annual bUdget to the administration of criminal justice. State and
federal Inspectors General Offices are included.
1.08 Noncriminal Justice Agency (NCJA) - a governmental agency or any subunit thereof that provides services
primarily for purposes other than the administration of criminal justice.
91

---------------~~~~------------

APPENDIX F

RFS-329.44-004

1.09 Noncriminal justice purpose - the uses of criminal history records for purposes authorized by federal or state
law other than purposes relating to the administration of criminal justice, including employment suitability,
licensing determinations, immigration and naturalization matters, and national security clearances,
1.10 Security Addendum - a uniform addendum to an agreement between the government agency and a private
contractor, approved by the Attorney General of the United States, which specifically authorizes access to
criminal history record information, limits the use of the information to the purposes for which it is provided,
ensures the security and confidentiality of the information consistent with existing regulations and the CJIS
Security Policy, provides for sanctions, and contains such other provisions as the Attorney General may
require.

2.00 Responsibilities of the Contracting Government Agency
2.01 The CGA entering into an agreement with a Contractor is to appoint an AC.
2.02 In instances in which responsibility for a criminal justice system has been delegated by a CJA to a NCJA,
which has in turn entered into an agreement with a Contractor, the CJA is to appoint an Agency Liaison to
coordinate activities between the CJA and the NCJA and Contractor. The Agency Liaison shall, inter alia,
monitor compliance with system security requirements. In instances in which the NCJA's authority is directly
from the CTA, there is no requirement for the appointment of an Agency Liaison.
2.03 The AC will be responsible for the supervision and integrity of the system, training and continuing education
of employees and operators, scheduling of certification testing and all required reports by NCIC.
2.04 The AC has the following responsibilities:
a. Understand the communications and records capabilities and needs of the Contractor which is accessing
federal and state records through or because of its relationship with the CGA:
b. Participate in related meetings and provide input and comments for system improvement;
c. Receive information from the CGA (e.g., system updates) and disseminate it to appropriate Contractor
employees;
d, Maintain and update manuals applicable to the effectuation of the agreement, and provide them to the
Contractor;
e. Maintain up-to-date records of employees of the Contractor who access the system, including name, date
of birth, social security number, date fingerprint card(s) submitted, date security clearance issued, and date
certified or recertified (if applicable);
f. Train or ensure the training of Contractor personnel. If Contractor personnel access NCIC, schedule the
operators for a certification exam with the CTA staff. Schedule new operators for the certification exam
within six (6) months of employment. Schedule certified operators for re-certification testing within thirty
(30) days prior to the expiration of certification, Schedule operators for any other mandated class;
g. The AC will not permit an un-certified employee of the Contractor to access an NCIC terminal:

h. Where appropriate, ensure Compliance by the Contractor with NCIC validation requirements;
i. Provide completed Applicant Fingerprint Cards on each person within the Contractor who accesses the
System to the CJA (or, where appropriate, CTA) for criminal background investigation prior to such
em ployee accessing the system; and
j. Any other responsibility for the AC promulgated by the FBI,

2.05

The CTA shall ensure that all NCIC hot file transactions and interstate Identification Index (III) transactions
92

APPENDIX F

RFS-329.44-004

be maintained on an automated log for a minimum of six months This automated log must identify the
operator on III transactions, the agency authorizing the transactions, the requester, and any secondary
recipient, This information can be captured at log on and can be a name, badge number, serial number, or
other unique number.

3.00 Responsibilities of the Contractor
3.01 The Contractor shall maintain a security program which complies with this Security Addendum,
3.02 The Contractor shall assign a Security Officer accountable for the management of this security program.
This person shall coordinate with the CGA to establish the security program.
3.03 The Contractor shall document the security program in a Security Plan. The Security Plan shall describe the
implementation of the security requirements described in this Security Addendum, the associated training
program, and the reporting guidelines for documenting and communicating security violations to the CGA,
The Security Plan shall be subject to the approval of the CJA, even in instances in which the CGA is the
NCJA.
3.04 The Contractor shall provide for a Security Training Program for all Contractor personnel engaged in the
management, development, operation, and/or maintenance of criminal justice systems and facilities. Annual
refresher training shall also be provided.
3.05 The Contractor shall establish a security violation response and reporting procedure to discover, investigate,
document, and report on all security violations. Violations which endanger the security or integrity of the
criminal justice system or records located therein must be communicated to the CGA immediately. Minor
violations shall be reported to the CGA on a periodic basis, but in no instance less than quarterly. See
Section 8.01.
3.06 The Contractor's facilities will be subject to unannounced security inspections performed by the CGA. These
facilities are also subject to periodic FBI and state audits.
3.07 The security plan is subject to annual review by the CJA and the Contractor. During this review, efforts will
be made to update the program in response to security violations, changes in policies and standards, and/or
changes in federal and state law and technology.
3.08 The Contractor and its employees will comply with all federal and State laws, rules, procedures and policies
(including the CJIS Security Policy in effect when the contract is executed) formally adopted by the FBI and
the CJIS APB, including those governing criminal history record information.

4.00 Site Security
4.01 The Contractor shall dedicate and maintain control of the facilities, or areas of facilities, that support the
CGA.
4.02 All terminals physically or logically connected to the computer system accessing NCIC and the criminal
justice files must be segregated and screened against unauthorized use or observation.
5.00 System Integrity

5.01 Only employees of the Contractor, employees of CGA, the Agency Liaison, and such other persons as may be
granted authorization by the CGA shall be permitted access to the system.
5.02 The Contractor shall maintain appropriate and reasonable quality assurance procedures.
5.03 Access to the system shall be available only for official purposes consistent with the appended Agreement.
Any dissemination of NCIC data to authorized employees of the Contractor is to be for their official purposes.

93

APPENDIX F

RFS-329.44-004

5.04 Information contained in or about the system will not be provided to agencies other than the CGA or another
entity which is specifically designated in the contract.
5.05 All criminal history record information requests must be envisioned arid authorized by the appended
Agreement. A current up-to-date log concerning access and dissemination of criminal history record
information shall be maintained at all times by the Contractor,
5.06 The Contractor will ensure that its inquiries of NCIC and any subsequent dissemination conforms with
applicable FBI/NCIC policies and regulations, as set forth in (1) the Security Addendum; (2) the NCIC 2000
Operating Manual; (3) the Policy and Reference Manual; (4) the CJIS Security Policy; and (5) Title 28, Code
of Federal Regulations, Part 20. All disseminations will be considered as "Unclassified, For Official Use
Only."
5.07 The Contractor shall protect against any unauthorized persons gaining access to the equipment, any of the
data, or the operational documentation for the criminal justice information system In no event shall copies of
messages or criminal history record information be disseminated other than as envisioned and governed by
the appended Agreement.
6.00 Personnel Security

6.01 Appropriate background investigations must be conducted on all Contractor employees and the Contractor's
vendors which provide system maintenance support.
6.02 Thorough background screening by the CGA is required. This investigation includes submission of a
completed applicant fingerprint card to the FBI through the state identification bureau. State and national
record checks by fingerprint identification must be conducted for all personnel who manage, operate,
develop, access and maintain criminal justice systems and facilities. Record checks must be completed prior
to employment,
6.03 When a request is received by the CTA before system access is granted:
a. The CGA on whose behalf the Contractor is retained must check state and national arrest and fugitive
files. These checks are to be no less stringent than those performed on CJA personnel with access to
NCIC.
b.lf a record of any kind is found, the CGA will be formally notified, and system access will be delayed
pending review of the criminal history record information, The CGA will in turn notify the Contractorappointed Security Officer.

C. When identification of the applicant with a criminal history has been established by fingerprint comparison,

the CGA's designee will review the matter. A Contractor employee found to have a criminal record
consisting of any felony convictions or of misdemeanor offenses which constitute a general disregard for
the law is disqualified. Applicants shall also be disqualified on the basis on confirmations that arrest
warrants are outstanding for such applicants.
d. If an adverse employment determination is made, access will be denied and the Contractor-appointed
Security Officer will be notified in writing of the access denial. This applicant will not be permitted to work
on the contract with the CGA. Disqualified employees and applicants for employment shall be notified of
the adverse decisions and the impact that such records had on such decisions.
6.04 The investigation of the applicant's background shall also include contacting of employers (past or present)
and personal references.
6.05 The Security Officer shall maintain a list of personnel who successfully completed the background
investigation.
6.06 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and executes
94

APPENDIX F

RFS-329.44-004

an acknowledgment of such receipt and the contents of the Security Addendum. The signed
acknowledgments shall remain in the possession of the CGA and available for audit purposes.
6.07 The CGA shall ensure that each Contractor employee authorized to access CJIS network terminals or
information provided therefrom is specially trained in the state and federal laws and rules governing the
security and integrity of criminal justice information.
6.08 All visitors to sensitive areas of Contractor facilities must be escorted at all times by a Contractor employee
with clearance. Names of all visitors shall be recorded in a visitor log, to include date and time of visit, name
of visitor, purpose of visit, name of person visiting, and date and time of departure. The visitor logs shall be
maintained for five years following the termination of the contract,
7.00 System Security

7.01 Transmission, processing, and storage of CJA information shall be conducted on dedicated systems.
Increased reliance should be placed on technical measures to support the ability to identify and account for
all activities on a system and to preserve system integrity.
7,02 The system shall include the following technical security measures:
a. unique identification and authentication for all interactive sessions;
b. if warranted by the nature of the contract, advanced authentication techniques in the form of digital
signatures and certificates, biometric or encryption for remote communications;
c. security audit capability for interactive sessions and transaction based logging for message-based
sessions; this audit shall be enabled at the system and application level;
d.access control mechanisms to enable access to be restricted by object (e.g. data set, volumes, files,
records) to include the ability to read, write, or delete the objects;
e. ORI identification and access control restrictions for message based access;

1. system and data integrity controls;
g. access controls on communications devices:
h. confidentiality controls (e.g., partitioned drives, encryption, and object reuse).
7.03 Data encryption shall be required throughout the network passing through a shared public carrier network.
7.04

The Contractor shall provide for the secure storage and disposal of all hard copy and media associated with
the system to prevent access by unauthorized personnel.

7.05 The Contractor shall establish a procedure for sanitizing all fixed storage media (e.g., disks, drives) at the
completion of the contract and/or before it is returned for maintenance, disposal or reuse. Sanitation
procedures include overwriting the media and/or degaussing the media. If media cannot be successfully
sanitized it must be returned to the CGA or destroyed.
8.00 Security violations

8.01 Consistent with Section 3.05, the Contractor agrees to inform the CGA of system violations. The Contractor
further agrees to immediately remove any employee from assignments covered by this contract for security
violations pending investigation. Any violation of system discipline or operational policies related to system
discipline are grounds for termination, which shall be immediately reported to the AC in writing.
8.02 The CGA must report security violations to the CTO and the Director, FBI, along with indications of actions
taken by the CGA and Contractor.
95

APPENDIX F

RFS-329.44-004

8.03 Security violations can justify termination of the appended agreement.
8.04 Upon notification, the FBI reserves the right to:

a. Investigate or decline to investigate any report of unauthorized use;

b. Suspend or terminate access and services, including the actual NCIC telecommunications link. The FBI
will provide the CTO with timely written notice of the suspension. Access and services will be reinstated
only after satisfactory assurances have been provided to the FBI by the CJA and Contractor. Upon
termination, the Contractor's records containing criminal history record information must be deleted or
returned to the CGA.
8.05 The FBI reserves the right to audit the Contractor's operations and procedures at scheduled or unscheduled
times. The FBI is authorized to perform a final audit of the Contractor's systems after termination of the
Security Addendum.

9.00 Miscellaneous provisions

9.01 This Security Addendum does not confer, grant, or authorize any rights, priVileges, or obligations on any
persons other than the Contractor, CGA, CJA (where applicable), CTA, and FBI.
9.02 The following documents are incorporated by reference and made part of this agreement: (1) the Security
Addendum; (2) the NCIC 2000 Operating Manual; (3) the Policy and Reference Manual; (4) the CJIS Security
Policy: and (5) Title 28, Code of Federal Regulations, Part 20, The parties are also subject to applicable
federal and state laws and regulations.

9.03 The terms set forth in this document do not constitute the sole understanding by and between the parties
hereto; rather they provide a minimum basis for the security of the system and it is understood that there may
be terms and conditions of the appended Agreement which impose more stringent requirements upon the
Contractor.
9.04 This Security Addendum may only be modified by the FBI, and may not be modified by the parties to the
appended Agreement without the consent of the FBI.
9.05 All notices and correspondence shall be forwarded by First Class mail to;

Assistant Director
Criminal Justice Information Services Division, FBI
1000 Custer Hollow Road
Clarksburg, West Virginia 26306

FEDERAL BUREAU OF INVESTIGATION
96

RFS-329.44-004

APPENDIX F

CRIMINAL JUSTICE INFORMATION SERVICES
SECURITY ADDENDUM
CERTIFICATION

I hereby certify that I have read and am familiar with the contents 01 (1) the Security Addendum; (2) the TIME
Manual; (3) the CJIS Security Policy; and (4) Title 28. Code of Federal Regulations, Part 20, and agree to be
bound by their provisions.
I recognize that criminal history record information and related data, by its very nature, is sensitive and has
potential for great harm if misused. I acknowledge that access to criminal history record information and related
data is therefore limited to the purpose(s) for which a government agency has entered into the contract
incorporating this Security Addendum. I understand that misuse of the system by, among other things: accessing it
without authorization; accessing it by exceeding authorization; accessing it for an improper purpose; using,
disseminating or redisseminating information received as a result of this contract for a purpose other than that
envisioned by the contract, may subject me to administrative and criminal penalties. I understand that accessing
the system for an appropriate purpose and then using, disseminating or redisseminating the information received
for another purpose other than execution of the contract also constitutes misuse. I further understand that the
occurrence of misuse does not depend upon whether or not I receive additional compensation for such authorized
activity. Such exposure for misuse includes, but is not limited to, suspension or loss of employment and
prosecution for state and federal crimes.

Signature of Contractor Employee

Date

Signature of Contractor Representative

Date

Organization and Title

97

RFS-329.44-004

APPENDIX G

COMPARATIVE EVALUATION GUIDELINES

For the Comparative Evaluation

of the
South Central Correctional Center RFP
and Contract Performance

November, 2006

98

APPENDIX G

RFS-329.44-004

Table of Contents
1.
2.

OVERVIEW
METHODOLOGY AND CRITERIA
2.1. PERFORMANCE COMPARISON
2.2. COST COMPARISON

99

APPENDIX G

1.

RFS-329.44-004

OVERVIEW
Tennessee Code Annotated 41-24-105 provides that a contract to provide correctional
services in the form of operation of facilities, including management, custody of
inmates, security, and other associated services and activities, shall have an initial term
of three years and may include an option to extend for an additional period of two
years. It also sets out certain requirements relating to the extension of the contract.
Pursuant to Tennessee Code Annotated 41-24-104, any contract extension requires the
approval of the State Building Commission, the Attorney General and Reporter, and the
Commissioner of Correction.
T.C.A. § 41-24-105 provides that prior to awarding any such contract the State is
required to establish objective performance criteria and cost criteria for both the State
and the private contractor. After the end of the second full year of operation, but before
extending the initial contract at the end of the three-year contract term, the performance
and cost criteria are to be used in conducting a comparison between the performance
of the contractor and the performance of the State. The Select Oversight Committee
on Corrections (or, in the absence of such committee, a committee designated by the
speakers of the senate and the house) must compare the quality of the services
provided by the contractor and the State and report its determination to the parties
responsible for determining whether the contract should be extended. The Fiscal
Review Committee (or, in the absence of such committee, a committee designated by
the speakers of the senate and the house) must compare the cost criteria and provide a
per day cost for the State and the contractor and report such determination to the
parties responsible for determining whether the contract should be extended.
The contract can be extended only if the contractor is providing essentially the same
quality of services as the State at a cost 5% lower than the State, or if the contractor is
providing superior services (greater than 5%) at essentially the same cost as the State.
The comparative evaluation of performance shall not serve as the basis for contract
extension, but shall serve as a consideration. The cost comparison conducted by the
Fiscal Review Committee shall serve as the basis for contract extension.
The objective performance criteria and cost criteria set out below have been developed
by the Executive Director of the Select Oversight Committee on Corrections (SOCC)
and the Executive Director of the Fiscal Review Committee, in consultation with staff of
the Department of Correction. The criteria will be used during the comparative
evaluation process referenced above.

2.

METHODOLOGY
The Northeast Correctional Complex (NECC) and Northwest Correctional Complex
(NWCC) have been determined to be the State-operated facilities that are the most
comparable to the South Central Correctional Center (SCCC). The two State operated
institutions have been selected for previous comparisons because of the similarity in
age of the facilities, design of the facilities, and inmate populations. These two facilities
continue to be the most comparable. Since the early comparisons of the institutions
100

APPENDIX G

RFS 329.44-004

were made, consolidation of State institutions resulted in other facilities being combined
administratively with both NECC and NWCC.
These consolidations add some
challenges, such as adjusting for differences in the number of inmates, the
comparability of inmate populations, etc.; however, the evaluation process and
instruments have been developed to compensate for these differences through the use
of per capita ratios and other scoring measures.

2.1.

PERFORMANCE COMPARISON
The Department of Correction performs annual inspections of all State and private
facilities housing inmates under their jurisdiction. To comply with the TCA 41-24-105
requirement of comparing the performance of State operated facilities with the facility
operated by the private contractor the following process will be utilized:
a)

The Commissioner of Correction/Designee will assign a team of experienced
TDaC employees to conduct the annual inspection process at Northeast
Correctional Complex, Northwest Correctional Complex and the privately
operated South Central Correctional Center.

b)

These annual inspections shall take place during the last quarter of the second
year of the State's contract with the private contractor.

c)

The annual inspection process will conform to the requirements of departmental
policy 103.07 and be performed and recorded as required by policy with the
following exceptions:
i.

There shall be a percentage calculated based on the total items reviewed
during each inspection, minus the items noted as non-applicable divided into
the number of items judged as compliant for each facility involved.

ii.

The private contractor may have representatives present for each inspection
involved in the comparative evaluation process and said representatives
shall be allowed to participate in decisions of noncompliance.

iii.

Any unresolved disagreement between the State annual inspection team
leader and a private contractor representative shall be resolved by a
representative of the sacc prior to the final report.

iv.

The sacc may have a representative present at each of the involved
annual inspections.

d)

The Department of Correction shall forward the entire annual inspection report
and management response to the sacco

e)

The Department of Correction shall also forward to the sacc a report that
includes other performance data concerning escapes, uses of force, homicides,
assaults, outside inspection results, health care performance, communicable
diseases, staffing data and other items. No specific percentages shall be
applied to this section of the sacc report, but the data shall be for informational
purposes only.

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2.2. COST COMPARISON
TCA 41-24-1 05(e) requires the Fiscal Review Committee to provide a prisoner per day
cost for the State and the Contractor based upon cost measures set out in the Request
for Proposal and the Contract. Those costs are to be used in the evaluation to
determine if the Contractor is providing essentially the same quality of services as the
State at a cost of five percent (5%) lower than the State, or if the Contractor is providing
services superior in quality to those provided by the State at essentially the same cost
pursuant to TCA 41-24-1 05(c).
The financial information to be compared will be for the Fiscal Year 2008/2009. This is
necessary in order to comply with the statutory mandates which state that the
comparison is to be made after the second year of the Contract, but before any
extension can occur at the end of the third year. The FY09 information would be the
most current information available at the time of the comparison evaluation and will
match the review period that will be used for the performance evaluation.
The institutions included in the contract for comparison with the South Central
Correctional Center are Northeast Correctional Complex (NECC) and Northwest
Correctional Complex (NWCC). The two State operated institutions have been
selected for previous comparisons because of the similarity in age of the facilities,
design of the facilities, and inmate populations. These two facilities continue to be the
most comparable. Since the early institution comparisons were made, consolidation of
State institutions resulted in other facilities being combined administratively with both
NECC and NWCC. In order to restore a reasonable level of comparability, adjustments
will be made for staff and operating costs.
The cost comparison will review the full costs of the Contractor with the full costs of the
State's comparable facilities (NECC and NWCC). The costs attributable to the
Contractor will include any costs of monitoring the Contract incurred by the State, which
would not have been incurred by the State otherwise. In addition to monitoring costs,
other adjustments and allocations will be made. The cost comparison will be for the
period of July 1, 2008, through June 30, 2009.
Allocations will be based on the following:

a)

Divide Central Office or overhead costs between activities involving residential
prisoners and other activities based on direct expenditures for residential
facilities versus direct expenditures for other activities to obtain a percentage of
Central Office or overhead expenditures applicable to residential facilities.

b)

Allocate the amount of Central Office or overhead expenditures applicable to
residential facilities based on the census for each residential facility to the total
census for all residential facilities.

c)

Expenditures for revenue generating activities such as commissary, inmate
labor, inmate telephones, inmates fines, recycling, and art and craft sales at
institutions are to be included in facility expenditures and will be offset by total
revenues collected.
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Costs will be allocated to the South Central Correctional Center for:
d)

The pro rata costs of the Tennessee Offender Management Information System
(TOMIS), which are applicable to the handling of information on prisoners
assigned to the South Central Correctional Center.

e)

The amounts expended by the State for monitoring the Contractor's operations
during the 2008/2009 fiscal year

f)

The amounts expended by the State for the benefit of the Contractor during the
2008/2009 fiscal year

g)

Any other amounts expended by the State (including any State agency) which
would not have been expended by the State in the absence of the Contract

h)

State overhead items determined not to be applicable to South Central
Correctional Center will not be added to the Contract cost

Adjustments will be also made for:

a)

Year-end supply inventories

b)

Equipment items purchased for use in the facilities with a cost in excess of
$5,000 will be deducted from the total cost of operations for all facilities.
Equipment purchased for use by the State's monitors at South Central
Correctional Center will not be deducted from the State's cost of operating South
Central Correctional Center

c)

Expenditures for the use of motor vehicles and motorized equipment purchased
for use by NECC and NWCC will be reduced by the depreciation/replacement
factor included in the reimbursement rate to the Department of General Services

The Fiscal Review Committee will further adjust the reported costs to ensure
comparability in making the comparison of the relative costs of operating the facilities
for the period of July 1, 2008 through June 30, 2009. This would include, but not be
limited to the following:
a)

Any costs that appear to be made ahead of the time needed or are deferred to a
subsequent period if, in the opinion of the committee staff, such costs are in an
amount sufficient to materially affect the comparison

b)

The State's or the Contractor's costs for any program or functional areas which it
determines to be not substantially comparable to the operations of the facilities
being compared

c)

Any cost items not accounted for in a similar manner

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d)

Necessary adjustments for population variance to include fixed and variable cost
items for payroll and operational support expenditures

e)

The medical component of cost will be adjusted to equalize the costs of each
facility due to the $4,000 stop-loss provision for medical care in the Contract

Requests for clarification should be made during the Pre-proposal Conference or
should be requested in the form of a Written Comment during the Request for Proposal
process. The State's written responses will become part of the final Contract.
As required by the Contract, the Comptroller of the Treasury will review all accounting
information submitted to Fiscal Review by the Department of Correction, and all
accounting information provided by the Contractor to Fiscal Review is to be analyzed by
an independent accounting firm. The reports generated by those reviews will be utilized
during the evaluation process.
The Fiscal Review Committee staff will calculate the State's and the Contractor's cost
per inmate day. The final draft report will be given to both the State and Contractor for
comment before it is delivered to the Fiscal Review Committee. If either the State or
the Contractor chooses, they can submit a written response to the final report that will
be included when the report is submitted to the Fiscal Review Committee.

104