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DEPARTMENT 'liP MANAGEMENT

erVICeS
Governor Charlie Crist

Division of Specianzed Services
4050 Esplanade Way, Suite 335
Tallahassee. Florida 32399-0950
Tel: 850.488-4290
Fax: 850.922-6194
www.dms.MyFlorida.com

Secr-etary Linda H. South

Graceville Correctional Facility
Operations and Management Contracts, Exhibits and
Addendums
OMS Contract No. 04/05-057

REDACTED for PUBLIC RECORDS
REQUEST

Michael Weber, Chief
Private Prison Monitoring
01/29/2009

We serve those who serve Florida.

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THE GEO GROUP, INC.

OPERATIONS & MANAGEMENT SERVICES CONTRACT
GRACEVILLE CORRECTIONAL "FACILITY

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This Contract made and entered into on Febmary '1{..~ 2006, by' and between THE ~TATE OF
FLORIDA, DEPARTMENT OF MANAGEMENT SERVICE~, Bt]REAU OF PRN ATE PRISON
MONITORING (hereinafter referred to as the ,"BUREAU") and THE GEO GROUP, INC." (hereinafter
refeLTed to as the "CONTRACTOR").
WITNESSETH:
Whereas, it is necessary that budget resources be allocated effectively;
Whereas, the Flodda Legislature, Chapter 957, Florida Statutes, authorizes the BUREAU to enter into a
contract with a private entity for the construction, operation, maintenance, and management of a secure
correctional facility housing medium/close custody inmates;
Whereas, an Invitation to Negotiate was issued on December 9, 2004, by the BuREAu in order to select a
CONTRACTOR to design, finance, acquire, lease, construct, and operate a ~,500-bed, adult male,
medium/close custody security level correctional facility.
Now, therefore, in consideration of the agreements contained herein, the parties agree:

ARTICLE ONE
DEF.INI.1I01"8 '
The following terms used in this Contract shall, unless the context indicates otherwise, have thy
meanings set forth below:
ACA: American Con-ectional Association.
ACA STANDARDS or STANDARDS: The Standards for Adult Correctional Institutions (Fourth
Edition, 2003) published by ACA (as heretof.ore supplemented and as same may be modified,
amended, or supplemented in the future).
ADDITIONAL SERVICES: Additional opera;tional and management services required to be
furnished by the CONTRAC:rOR, which are required by changes in ACA Standards, laws,
. government policies, regulatio11S, or court orders generally applicable to 'the BUREAU and which cause
an increase in the cost of operating and managing the Facility.
AGREEMENT: The Cooperative Transfer Agreement'between the BUREAU, the CONTRActOR,
and the Florida Department of COLTections (Department or the DEPARTMENT) which establishes
guidelines for transfer of inmates ,between the: Graceville Correctional Facility and facilities
operated by the Department.

AUrHORIZED REPRESENTATIVE: The person designated in writing to act for and on behalf of a
party ofthis Contract, which designation has been furnished to the other party hereto. In the case of
the CONTRACTOR, the Authorized Representative shall be designated in writing by its President or any
Vice President. The designation of the CONTRACTOR'S initial Authorized Representative shaH be
delivered to the BUREAU no later than the effective date of this Agreeme,nt. The CONTRACTOR'S
Authorized Representative may designate other persons to assist such Authorized Representative in
the performance of certain obligations required by this Agreement. In the case of the BUREAU, the
BUREAU Chief is hereby designated 'as its Authorized,Represent!itive. -At any time, either party
may designate any person as its Authorized Representative by delivering to the other party a
written. designation signed, if on behalf of the CONTRACTOR by its President or Vice President,
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or if on behalf of the BUREAU by the BUREAU Chief. Such designations shall remain effective
until· new written instruments are filed with or actual notice is given to the other party that such
designations have been revoked.
BREACH OF CONTRACT: Any of the events or circumstances described in Article 10,
BUREAU: The Florida Department of Management Services. BUREAU of Private Prison Monitoring.
CLOSE CUSTODY GRADE:· Refers to a class of inmates who must be maintained within an armed
perimeter or under direct, armed supervision ~hen outside of a secure perimeter. Transport off
institutional grounds requires two armed transport officers and the inmate will be restrained using
handcuffs, waist chains with handcuff cover and leg irons.
CONTRACT: The Operation and Management Services ~ontract, together with all attachments
and exhibits hereto, and all amendments and modifications hereof.
CONTRACT ADMINISTRATOR: The Department employee who is primarily responsible for
maintaining the official contract file, As of the Effective Date of the Contract, the Contract Administrator
is Kaye Robertson, 4050 Esplanade Way. Suite 280, Tallahassee, Florida 32399. ,The Department may
appoint a different Contract Administrator, which shall not constitute an amendment to the Contract. by
sending notice to CONfRACrOK
CONTRACT DOCUMENTS: The Contract. the. Plans. Specifications and Related Construction
Documents, together with the Invitation to Negotiate issued by the BUREAU and the CONTRACTOR'S
, response thereto, all of which documents are attached hereto by reference· and become a part hereof. In.
the event of ambiguity contradiction among the Contract Doctiments, the following order of authority
shall apply: this Contract, Invitation to Negotiate. CONTRACTOR'S response thereto, the Plans,
Specifications and Related Consn"uction Documents.

or

CONTRACT MANAGER: The Department employee who is primarily responsible for management
and oversight of the Contract and evaluation of the CONTRACTOR'S perfonnance ants duties and
obligations pursuant to the terms of the Contract. The Contract Manager is currently Terry Rocco. The
Department may appoint a different Contract Mallager, which shall not constitute an amendment to the
Contract, by sending notice to CONTRACTOR. Any communication to the Depaltment relating to the
Contract shall be addressed to the Contract Manager.'
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CONTRACT MONITOR: . The employee 01' employees of the BUREAU de·signated to monitor the
operation of the Facility for contract compliance and to coordinate actions and communications between
the Department and the CONTRACTOR. The Contract Monitor will be designated by the· BURBAU at
the opening of the Facility.. The CONTRACTOR win be required monthly to reimburse the BUREAU
. for the salary and expenses of the Contract Monitor. Such salary and expenses will include coverage of
employee benefits. The salary and expenses of the Contract Monitor may be adjusted annually, subject to
legislative appropriations, at a rate not to exceed the CONTRACTOR'S rate of per· diem increase. The
Contract Monitor Dr the BUREAU'S designee will be the official liaison between the BUREAU
and CONTRACTOR· on all matters pertaining to the operation and management services of the
Facility.
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COURT ORDERS: Any exi.sting or future orders or judgments issue.d by' a court of competent
jurisdiction or any existing or future stipulations, agreements, or plans entered into in connection with
litigation that are applicable to the operation, management, or maintenance of the Facility or related to the
care and custody of inmates at. the Facility.
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DAY: A calendar day.

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DEPARTMENT OR DC: The Florida Depm.tment of Corrections.
DESIGNIBUILD AGREEMENT: The Agreement entered into between the BUREAU and the
CONTRACTOR for the design and construc~ion of the Facility.
DMS: The Florida Department of Management Services.
FACILITY: The 1,500-bed mixed (medium and close) custody secure correctional Facility located '
in Graceville, Florida, and designed and constructed for the detention of mixed (mediuID and close)
custody inmates. Further expansion of this Facility. maybe authorized by the BUREAU. In the
'event further expansion of the Facility occurs, per diem and other adjustments will be made upon
mutual agreement of the parties.
FIXED EQUIPMENT: Refers to all equipment and systems necessary to the operation of the Facility,
which are an integral part of, or permanently attached to, a structure, or permanently connected to the
Facility utilities.
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FORCE MAJEURE: The failure of performance of any of the terms and conditions of this Contract
resulting from acts of God, strikes, lockouts or ot,her industrial disturbances; acts of public enemies;
orders of any kind of the government of the State of Florida or the United States of America or any of
their departments, agencies 01' officials, or a?y civil or military authority.
INMATE: Any person assigned by the DEPARTMENT to be housed at the Facility, over which DMS
has contractual authority.
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INMATE DAY: Each day on which an inmate is housed at the Facility, including the first, but not the
last day of incarceration as detennined by the midnight COlmt of each day.
LEASED FURNISHINGS AND EQUIPMENT: The items of personal property as described in Article
4.2 and Exhibit C of this Contract to be financed or refinanced by disbursements from the Project
Account and leased to the BUREAU pursuant to the terms and provisions of the Lease Agreement.
MANAGEMENT SERVICES AGREEMENT, OR CONTRACT: The management services
agreement or Contract, together with all· attachments, exhibits, amendments, and modifications entered
into between the BUREAU and the CONTRACTOR.
MEDIUM ,CUSTODY GRADE: As used herein. refers to 'a class of inmates who are eligible for
placement at a, facility with a secure perimeter and require armed· supervision for all movement outside
the secure perim.eter. Such inmates may be transported without armed supervision if" in a secure vehicle
that does not leave institutional grounds. TranspOlt off institutional grounds, in addition to armed
supervision, requires a minimum restraint of handcuffs.
MINIMAL CONSTITUTIONALLY ADEQUATE LEVEL OF HEALTH CARE: As used herein,
means access to and provision of medically necessary and appropriate health care that is reasonably and
legally sufficient to address the inmate's health complaint.
MOVABLE EQUIPMENT: All furniture and equipment not permanently attached to the,Facility.
QSHA: The Occupational ,Safety & Health Administration.

PER DIEM RATE: The cost charged per inmate, per inmate day for the delivery of ope,ration and
management services at the Facility.
, PRIVATELY OPERATED INSTITUTION INMATE WELFARE TRUST FUND (POIIVVTF): A
trust fund account maintained by DEPARTMENT that is required by Section 945.215, Florida Statutes,
and into which the net proceeds derived from operating inmate canteens, vending machines used
primarily by inmates, l:eceipts from telephone commissions, and similar sources shall be depositea

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monthly.
PUBLIC ENTITY CRIMES: As defined in Section 287.l33(1)(g), Florida Statutes, "public entity
crime" means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political. subdivision of any other state
or with the United States, including, but not limited to, any bid or Contract for goods or services to be
.provided to' any public entity or an agency or political subdivision of any other or of the United States and
involving antitmst, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
SERVICE COMMENCEMENT DATE: The date on which the CONTRACTOR shall begin providing
operations and management services at the. Facility, which date shall be the first date that inmates are
assigned.
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STATE: The State of Florida, including the F!oridaDepartment of Management Services or any other
state government entity referenced therein. These terms may be used interchangeably.
SUBCONTRACT: An agreement entered into by the CONTRACTOR with any other person or
organization that agrees to perform any performance obligation for the CONTRACTOR specifically
related to $ecuring or fulfilling the CONTRACTOR'S obligations to the Department under the terms of .
this Contract.
SUBCONTRACTOR: ArIy person other than an employee of the CONTRACTOR who performs any of
the services compensation paid by the CONTRACTOR.
UNFORESEEN CIRCUMSTANCES: Those acts or occurrences beyond the reason'able contemplation
of the parties at the time of execution of this Contract that materially alter the financial conditions upon
which this Contract is based.
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ARTICLE TWO
SCOPE OF WORK
Article 2.1 Purpose. The purpose of this Contract is to establish the. tenns and conditions under which
the CONTRACTOR shall operate and manage the Facility.

ARTICLE THREE
TERM OF THE CONTRACT AND REPRESENTATIONS
Article 3.1 Term. This Contract shall commence at 12:01 a.m. on the Services Commencement Date
and terminate three (3) years thereafter, unless terminated earlier pursuant to Article 10 of this Contract.
The BUREAU may renew the Contract for additional two-year periods by giving written notice to the
CONTRACTOR of its desire to do so at least 120 days before the original or any subsequent
termination date with concurrence of-the CONTRACTOR.
Article 3.2 Representations of the BUREAU. The BUREAU represents and· warrants to and for the
benefit of the CONTRACTOR, with the i.ment that the CONTRACTOR will rely thereon for purposes
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of entering into this Contract, as follows:
3.2.1 Authorization. This Contract has been dUly authorized, executed, an.d delivered by
the BUREAU and, assuming' due execution and delivery by the BUREAU constitutes a
legal, valid, and binding agreement enforceable against the BUREAU in accordance with its
terms.
3.2.2 Disclosure. There is no material fact which materially and adversely affects or in the

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future will (50 far as the BUREAU call now reasonably foresee) materially ~lld adversely
affect the BUREAU'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 the
CONTRACTOR prior to the date hereof.

3.2.3 Statutory Contine-ency. The State's performance and obligation to pay under this ContI'act
is contingent upon an aIlnLlaI appropriation by the Florida Legislature, pursuant to Sectioll
287.0582, Florida Statiltes; the State is not obligated for any payments that exceed the amount of
the CUlTent appropriation, pursuant to' Section 957.04(1 )(h),(2)(d), Florida Statutes.
Article 3.3 Representations of CONTRACTOR. The CONTRACTOR represents· and warrants to and
for the benefit of the BUREAU, with the intent that the BUREAU will rely thereon for purposes of
entering into this Contract, as follows:
3.3.1 Organization and Qualification. The CONTRACTOR has been duly incorporated and is
validly existing as a corporation in good 'standing under the laws in its jurisdiction of
incorporation with power and authority to own its properties and conduct its business as
presently conducted. The CONTRACTOR is duly qualified to do business as a corporation in
good standing in Florida.

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3.3.2 Authorization. This Contract has been duly authorized, executed, and delivered by
the CONTRACTOR, and constitutes a legal, valid, and binding agreement enforceable
against the CONTRACTOR in accordance with its terms.
3.3.3 No Defaults under Agreement. The CONTRACTOR is not in default, nor is there any e.vent .
ill existence which, with notice or the passage of time or both, would constItute a default by the
CONTRACTOR, under any indenture, mortgage, deed of trust, lease, loan agreement, license,
security agreement, contract, goverm:nental 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 an.d adversely affect the CONTRACTOR'S ability to perform its
'obligations under thisCoritract.
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Neither the CONTRACTOR nor its officers and directors
3.3.4 Compliance with Laws.
purporting to act on behalf of the CONTRACTOR have. beenadviseci, and have no reason to
believe, that CONTRACTOR or such officers .and directors have not been conducting
'business in compliance with all applicable laws, rules, and regulations of the jurisdictions
in which the. CONTRACTOR is conducting business including all safety laws and laws' with
respect to discrimination in hiring, promotion or pay of employees or other laws affecting
employees generally, except where failure to be so in compliance would not materially and
'adversely affect the CONTRACTOR'S ability to perform its obligations under this' Contract.
(

3.3:5 No Litie-ation. Except as previously disclosed inwriting to the BUREAU, there is not
now pending nor, to the knowledge of the CONTRACTO~, threatened, any action, suit, or
proceeding to which the CONTRACTOR is a party, before or by any court or
governmental agency or body, which might result in any material adverse 'change in the
CONTRACTOR'Sability to perform .its Obligations under this Contract. or any such
action, suit, or proceeding related to environmental or civil rights matters: and n9 labor
disturbance. by the employees of the CONTRACTOR exists or is imminent which might be
expected to materially and adversely affect the CONTRACTOR'S ability
perform' its
obligations under this Contract.
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to

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3.3.6 Taxes. The CONTRACTOR has filed aII necessary federal, state, and foreign ine-orne
.and franchise tax returns and has paid aJI taxes as shown to be due thereon; the CONTRACTOR
has no knowledge of any'tax deficiency which has been or might be asserted against the
CONTRACTOR which would materially and adverse.ly affect the CONTRACTOR'S ability to
perform its obligations under this Contract.
3.3.7 Financial Statements. The CONTRACTOR has delivered, or will deliver, to the
BUREAU copies of the following financial statements with alI sub schedules and footnotes: a
balance sheet, profit and [ass statement, and a change in financial position schedule for each of
the prior three (3) years. Such financial statements fairly present the financial position of the
CONTRACTOR at the date shown and the results of its operations for the periods covered,
. and have been prepared in conformity with generally accepted accounting principles applied on a.
consistent basis, ex.cept a,s discussed in the notes to the. financial statements.
3.3.8 No Adverse Change. Since the date of the CONTRACTOR'S mo.~t recent balance sheet
provided to the B~AU, there has not bee.n any material adverse change in the
CONTRACTOR'S busine.ss or condition, nor has there been any change. in the assets or
liabilities or financial condition of the CONTRACTOR 'from that reflected in such balance
sheet which is material to the CONTRACTOR'S abiUty to perform its obligations under this
Contract.·
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3.3.9 Disclosure. There. is no material fact which. materially and adversely affects or in the
future will (so far as the CONTRACTOR can now reasonably foresee) materiaIIy 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 the BUREAU prior to the date hereof. Failure to disclose such material facts, ·as
described above, is grounds for termination for false representation.

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ARTICLE FOUR .
POSSESSION

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Article 4.1 Possession of Facilitv. On the Services Commencement Date effective the date of this
Contract, the BUREAU shall grant to the CONTRACTOR exclusive use, possession, and control
of the land and pl'Operty.con1prising the Facility and its grounds, subject to terms of this Contract
and to the right of the BUREAU and other appropriate parties to enter and/or inspect same. The
design of the Fac.ility will be owned by the State of Florida.
Article 4.2 PossesSion of Leased Furnishings and Equipment. On the Services Commencement
Date, the BUREAU will grant the CONTRACTOR exclusive use and possession, subject to the
terms of this Contract, of leased furnishings and equipment as same is defined and set out in the..
Design/Build Agreement. Items purchased with state fun.ds are owned by the State of Florida and shall
remain with .the Facility in the event of termination or non-renewal of this Contract. An furnishings and
equipme.nt are State property, except for CONTRACTOR-Property as set forth under Article 4.5.

Article 4.3 inventory. As .part of CONTRACTOR'S initial responsibility, the CONTRACTOR
shall, in cooperation with the constnlction contractor if applicable., prepare and maintain an inventory of
.leased furnishings and equipment. Such inventory shall include the manufacturer, model number,
serial number, monetary value (purchase cost), and assigned' identification number. Leased
furnishings and equipment shall remain part of the Facility and may not be. removed from the Facility,
without approval from the Contract Monitor. The BUREAU shall be entitled to conduct an
i,nventory of leased fumishings and 'equipment prior to or within a reasonable time after the Services

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Commencement Date, and shall be entitled to conduct an inventory of leased furnishings and
equipment throughout the Term of this Agreement. The CONTRACTOR sball cooperate with the
BUREAU in its conducting of all inventories of leased furnishings and equipment. '
Article' 4.4 Replacement of Inventory. The CONTRACTOR, subject only to the facility
furnishLngs, fixtures, and equipment covered by the "major maintenance and repair reserve fund" as
described in Article 4.9, shall replace within sixty (60) days of the date of discovery of loss, theft,
damage or inoperabiJity beyond repair with equipment having like functional ability, 'life
expectancy and quality. Such replacement equipment shall be added to the inventory and shall
, become the property of the State. The Contract Monitor shall be notified quarterly, in writing, when
an item of leased furnishings andeqir.ipment is replaced. Such notification, must include all
pertinent information (including a copy of the purchase receipt showing purchase cost,
manufacturer. model number. serial number and assigned identifi.cation number) for the replaced
item. Inoperable equipment replaced by the CONTRACTOR shall be disposed of by the
CONTRACTC?R with prior approval by the BUREAU,
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Article 4.5 CONTRACTOR Property. The CONTRACTOR will provide such other equipment as
it deems necessary which shall be dearly identified an,d inventoried. Ownership of this property
shall remain with the CONTRACTOR 'and may be removed from the premise~ at any time by
the CONTRACTOR; provided that any damage to the Facility resulting from any removal pursuant to
this Article sbal.l be'repaired by the, CONTRACTOR at the exp~nse of the CONTRACTOR. Any
additional equipment purchased by the CONTRACTOR during the term of this Contract may be
'purchased by the BUREAU at the conclusion of the Contract at the CONTRACTOR'S cost, less
depreciation. Documentation of coste; shall be provided.
Article 4.6 Sanitation and Hygiene. The CONTRACTOR shall provide an environmentally clean,
healthy, and safe Facility for both,employees and inmates as follows:
A. Sanitation and hygiene will be maintained at a minimum, at a level equivalent to the level of
DEPARTMENT facilities. All floor~, including concrete shall be waxed and buffed.
Cobwebs or dust build-up anywhere, including on 'ceiling and wall grills will be not be
accepted. 1;'he yards wiil'be free of all trash. All kitchen equipment and utensils w,il1 be free of
~rease, build-up.
,B. All areas of the Facility
to be documented.

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to be· inspected regularly for cleanliness and such inspections are

C. Lighting, ventilation and heating equipment shall be functioning at all times.
D. No fire, safety or health hazards shall exist.

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

F. All hazardous chemicals shall be inventoried, stored and maintained in accordance with
OSHA DEPARTMENT policy and procedures.

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G. ~ood service areas shall be clean and in com.pLiance with applicable state health regulations.
Article 4.7 Utilities. The CONTRACTOR shall furnish all utilities.
Article 4.8 Maintenance. The CONTRACTOR shall maintain the physical structure of the Facility
and all tangible personal property contained therein, including leased furnishings and equipment, in

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accordance with applicable ACA Standards and .Article 4.9, including all maintenance related to
structural conditions or defects as well as ordinary routine maintenance, and will in so doing maintain,
preserve and keep the facility and leased furnishings and equipment in good repair, working order
and condition, subject to normal wear and tear, ·and will from time to time make or cause to be, made
all necessary and .proper repairs, induding those identified by self-monitoring and the BUREAU'S
inspections such that all replacements and renewals shall theretlpOn become part of the Facil ity. It is'
specifical.ly understood and agreed that the CONTRACTOR will develop and implement a
preventive ,and routine maintenance plan and will keep maintenance records. During the term of this
Contract, the BUREAU shall have no responsibility (other than the major maintenance and repair
reser've fund, Article 4.9) financial or otherwise, with respect to maintenance of the Facility.
The responsibility for maintenance of the Facility shall be the sale responsibility of the
CONTRACTOR.
.The maintenance plan shall include the following:
(1)

(2)
(3)

Plant equipment;
Structural maintenance; and
Vehicle pre.ventive,maintenance programs

Article 4.9 Major Maintenance and Repair Reserve Fund. The CONTRACTOR shall make
and be responsible for all routine and necessary repairs of the' Facility, and repairs/replacement of all
Facility furnishings, fixtures, and equipment so long as the cost associated with any maintenance,
replacement,' or repair is $5,000 or less (per item, per occurrence). Routine and !Jecessary repairs
shall be defined as any maintenance or repair which has a cost of $5,000 or Jess (per item, per
occurren.ce). On the first day of each month, the BUREAU will deduct 1/12 of $150,924.72 from the
Facility's man-days billing and transfer said amount to the Grants and Donations Trust Fund.
Requests for reimbursement for maintenance or r~pair costs ill excess of $5,000 shall be submitte,d
to the BUREAU'S Chief and, SUbject to the rec'eipt of written approval from the BUREAU'S Chief, the
costs of such major maintenance or repairs shall be charged to the Major Maintenance and Repair
Reserve Fund. The BUREAU shall be the owner of such fund, and the CONTRACTOR shall have
no rights, other than as set forth herein, in such fund or in any fund earnings.
Article 4.10 Ace.eBs to the Facility. The Contract Monitor, the 'BUREAU Chief, DEPARTMENT
representatives, or other designated representatives and members of the BUREAU shall have access at all
times, with or without notice, to inmates and staff and to all areas of the Facility. Other BUREAU
employees and State officials (including the, Governor's Office of Program; Policy and Government
. Accountability), on official business, shall have access to the Facility when necessary.
Article 4.11 ExpansionIRenovations. Subject to the prior wdtten approval of the BUREAU, which
approval shall not unreasonably be withheld, the CONTRACTOR shall have the authority to remodel
the Facility or make substitution.s, alterations, additions, modifications, and improvements to the
Facility from time to time (provided the CONTRACTOR does not use a lesser quality, burden of proof
of quality is with the CONTRACTOR), the cost of which remodeling, SUbstitutions, alterations,
additions, modifications, and improvements shall be paid by the CONTRACTOR, and the same
shall become part of the Facility, except that other alterations may be done at the
CONTRACTOR'S expense, w~thout prior approval.
Article 4.12 Material Damage or Loss. Promptly after the occurrence of any damage to or loss at
the Facility that materially affects the continued operation of the Facility, the CONTRACTOR shall
notify the BUREAU of such loss or damage and the BUREAU and the CONTRACTQR shall jointly
assess the nature and extent of such damage or loss and,' as soon as practicable thereafter, determine
Page 9 of 50

w11ether. it is practicable. and desirable to rebuild, repair 01' restore such damage or loss. If the
BUREAU and the CONTRACTOR determine that such rebuilding. repairing or restoring is
practicable and desirable, the CONTRACTOR shall forthwith proceed with such. rebuilding, repair or
restoration and upon the completion thereof, such rebuilding, repair or restoration shall thereupon
become· part of the Facility. In such case, any insurance proceeds received in respect to such
damage or loss shall be used for payment of, or reimbursement for, the costs of such rebuildi.ng,
repairing or restoring. In the event such insurance proceeds are not sufficient to pay in full the costs of
such repair, rebuilding or restoration, the CONTRACTOR is responsible for payment due in excess
of Insurance proceeds received. If the BUREAU and the CONTRACTOR determine that repairing,
.rebuilding or restoration is not feasible and agree in writing not to rebuild, repair or restore the
Facility, then this Contract shall terminate with respect to such Facility thirty (30) days after such
determination.
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Article 4.13 Vehicles. The CONTRACTOR shall purchase and provide all vehicles reql.,lired for the
operation and maintenance of the Facility. The CONTRACTOR shall have all vehicles properly insured
for comprehensive, 'collisioll, property, medical, personal injury, theft and replacement damages.

ARTICLE FIVE
OPERATION
Article 5.1 General Duties. The CONTRACTOR shall provide the operation and management services
and shall operate, maintain, and manage the Facility in compliance with applicable federal and state
constitutional requirements, laws, court orders, and standards (in the case of a conflict between
standards, the more demanding standard will control), whether now in effect or hereafter effected or
implemented, and in accordance with the operational plan, the. terms and conditions contained in this
Contract, and any documents referenced therein. The CONTRACTOR shall be in compliance with all .
applicable ACA Standards and requirements for adult correction.al institutions. except for ACA
Standards from which the CONTRACTOR has been explicitly exempted in writing by the
BUREAU'S Chief. and shall maintain ACA accreditation..'The CONTRACTOR must submit a written
request for any such exemption to the BUREAU'S Chief, who may, at his/her sole discretion. grant or
deny such exemption in writing to the CONTRACTOR. Any decisi.on by the BUREAU'S Chief is final
and not subject to appeal or challenge by the CONTRACTOR in any civil or administrative forum, nor
subject to any mediation or arbitration proceedings.
Article 5.2 FiscalOperations. The CONTRACT9R shall comply with all'of the following requirements
concerning fiscal operations, including but T\ot limited to, the propel' maintenance of acc.ounting records
and the periodic report of financial data in accordance with an auditiI)g requirements as generaUy
specified in Articles 5.3 through 5.8.
.
Article 5.3 Maintenance and Operation of Funds. The CONTRACTOR shall maintain operating fund
accounts segregated into four separate groups of accounts, referred to as budget entities (Facility
operations. health services, substance abuse, and educational services).
Article 5.4 Operation of ·Inmate Bank. The CONTRACTOR shall maintain Inmate Bank funds
separate and apart from other funds and to abide by DEPARTMENT'S policy and procedure directives as
regarding the same.
Article 5.5

Operation of the Privately Operated Institutions Inmate Welfare Trust Fuud

CPOnWTF). The CONTRACTOR shall maintain the Privately Operated Institutions Inmate Welfare
Trust Fund (POIIWTF) accounts in accordance with the all applicable standards and DEPARTMENT
rules and regulations. Funds in the POIIWTF may be appropriated annually by the Legislature for the

Page 10 of 50

benefit and welfl.j.re of im:nntes incarcerated in privately operated cOlTecti0l1al facilities. By July 1 of each
year, the CONTRACTOR must submit a list of expenditures to be made from the trust fund for the next
fiscal year to the BUREAU to be reviewed by the Privately Operated Institutions Inmate Welfare Trust
Fund (POIIWTF) Committee. The POIIWTF Committee will make its recommendation to the, Secretary
, to be considered by the Legislature in the allocation of funds. In accordance with 60AA-203.101, Florida
Administrative Code, planned expenditures must cover expenses for unique and innovative programs or
items or activities for the inmates at the Facility. Proposed additional expenditures for contractually
required programs will not be authorized. Also, the CONTRACTOR must compile a report that
documents the actua" receipts and expenditures from this trust fund for the previous fiscal year and the
projected receipts and ex.penditures for the next fiscal year, beginning July 1 and ending June 30, and
provide such to the BUREAU.
Expenditures for operational cost and fixed capital outlay made from the POIIWTF must meet the
guidelines of Section 945.215, Florida Statutes, and applicable terms of this Contract. The vendor
is responsible for contracting and overseeing the construction of fixed capital outlay projects
authorized by the Legislature. All operations and fixed capital outlay projects and ex.penditures must
be approved by the BUREAU. Expenditures made from the POIIWTF may Dot include items included
in the vendor's proposal.
.
Article 5.6 Auditing of Trust Accounts. The CONTRACTOR shall develop and update, as necessary,
with the approval of the BUREAU, administrativ'e procedures to ensure proper accounting and internal
control of the receipts and expenditures of the funds from the Commissary Account and the POIIWTF.
The CON'IRACTOR shaH have an independent audit of this fund conducted o~ an annual basis and the
results of the audit will be submitted to the BUREAU. CONTRACTOR will send to the BUREAU a
monthly report of deposits and expenditures made to ~he POIIViTTF. This report should include deposits
and expenditures made to the commissary account.
Article 5.7 Financial Reporting. Audited annual: financial statement, prepared in accordance with
GASB and clearly distinguishing Inmate Bank and Private Inmate Welfare Funds shall be filed not later
than July 1st of each year except as provided for as below:
For the first, or partial year of occupancy:
a.

b.,

If the, period of occupancy has been six months or less prior to July 1st of the
, succeeding year, the report shan not be due until July 1st of the second
succeeding year.
If the period of occupancy has been. greater than six months prior to July 1st of
the succeeding year, the report shall be filed no~ later than July 1st of the
.succeeding year.

The financial statement shall consist of at a minimum:
a.

Inmate Bank Fund: Accounting of the Inmate Bank fund and POIIWTF
including a spread sheet showing all account actions for the relevant time period
for each ,account and the balance if any ~t the, time of submission of the
statement. Also, as to the POIIWTF, the repOlt shall include a statement of
revenues, expenses and changes in retained earnings, and statement of budgeted
and actual expenditures (detailed by'objectcode).

Article 5.8 SEC Records. The CONTRACTOR shall, on a timely basis, provide the BUREAU with,
copies of all annual reports on FonD lOoK, quarterly reports on Form lO-Q and reports on Form 8-K·
required to be fi~ed by the. CONTRACTOR with the Securities and Exchange Commission. Prior to the
execution of the resulting agreement, the CONTRACTOR shall provide the BUREAU with its most
recent Form lOoK and any Form lO-Q's or Form 8-K's filed.

Page 11 of 50

"-_....

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....

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Article 5.9 ACA Accreditation. The CONTRACTOR shall maintain ACA accreditation for the
Facility pursuant to and in accordance with the terms of Section 957.04(1)(c), Florida Statutes. The
CONTRACTOR must provide a detailed plan addressing CONTRACTOR'S achieving and maintaining
ACA accreditation through th,e term of the Contract. The CONTRACTOR shall apply for no later than
sixty (60) days after the Service Commen.cement Date and achieve ACA accreditatiOl,l of the Facility
within tweI ve, (12) months after the date the, CONTRACTOR applies to the ACA for accreditatIon. Once
accreditatiol). is achieved, the CONTRACTOR shall maintain it for the duration of the Contract term. The
CONTRACTOR'S failure to comply with this section will be considered a violation of the terms of this
Contract, subjecting the CONTRACTOR to the impQsition of liquidated damages and/or termination of
'
the Contract by the BUREAU at the BUREAU'S discretion.
Article 5.10 Classification and Assignment of Inmates.
A.

The CONTRACTOR shall provide a classification program that is in accordance with all
applicable standards and DEPARTMENT rules an4 regulations. The CONTRACTOR
shall provide suitable office space at the Facility for a celtain number of DEPART:M:ENT
classification officers as may be determined by the DEPARTMENT to conduct
classification services, subject to the BUREAU'S approval. CONTRACTOR may not
make any change in an inmate's custody level, but 'may recommend custody level
changes to DEPARTMENT for approval.

B.

Beginning on the Services Commencement Date, inmates will be assign.ed to the
Facility ·by the DEPARTMENT at a rate not to exceed capacity of the Facility in
'accordance with the foIlowing:

Mixed (medium and dose) custody security level; the inmates transferred by the DEPARTMENT
shall represent a cross section of the generaJ mixed (medium and close)'custody inmate population, and
be mentally, physically, and medically capable Of participating in the programs; prior completion of the
initial classification process at a DEPARTMENT facility; accompanied by all fnitial classification and
subsequent reviews and {lther 'necessary documentation; accompanied with a complete medical
record, including chest X-ray,; and accompanied by documentation of the amount contained in the
inmate's Commissary account with the funds to be forwarded by the DEPARTMENT to the Facility
within ten (10) days of receipt of the inmate, incompliance with Chapter 33, Florida Administrative',
Code.

If an inmate does not meet the qualifications or classification level necessary for classification to the
Facility and the CONTRACTOR is aware of this before acceptance, the CONTRACTOR may refuse to
accept an inmate. If an inmate is later found not to meet the qualifications or classification Level
necessary for chissification to the Facility, the CONTRACTOR may request the transfer of unqualified
or improperly classified inmates to a DEPARTMENT facility pursuant to Articles 5.12 and 5.14 herein.
Article 5.11 Orientation of Inmates. CONTRACTOR shall conduct an 'orientati.on program for newly
assigned inmates with the program meeting minimum standards as outlined in Chaptet"3:?-601.101,
Florida Administrative Code.
'
Article 5.12 Transfer of Inmates. Certain circumstances may require an inmate's transfer out of
the Facility. These circumstances include custody changes resulting from disciplinary infractions or
other behavio'r in the Facility; medical and psychiatric transfers, as initiated by medical staff at the
Facility; disciplinary transfers in accordance with the CONTRACTOR',S disciplinary 'procedures;
emergency transfers that involve extreme. circumstances ,not normally found at the Facility;

Page 12of50

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

administrative transfei's used in witness protecti.on cases; or to adjust opemtiollal capacities.
The CONTRACTOR may request, in writing, that an inmate be transferred from the Facility. The
B.UREAU, the CQNTRACTOR, and the DEPARTMENT shall comply with the terms of the Cooperative
Transfer Agreement when transferring inmates between a' correctional facility operated by the
DEPARTMENT and a private facility. In the,event that a c.ooperative agreement cannot be reached
on a transfer request, the BUREAU will have the final decisjon on which inmates may be, transferred
from the Facility. Any decision by the BUREAU'S Chief is final and not subject to appeal or challenge
by t,he CONTRACTOR in any civil or administrative forum, nor subject to any mediation or arbitration
proceedings.
'
Article 5.13 Release ofInmates. The CONTRACTOR will release inmates in compliance with the
DEPARTMENT S policy pertaining to release. and the requirements of Rules 33-7.006 and 337.007, 60AA-7.006, 60AA7.007, F.A.C., which establishes the procedure to be followed in
providing a discharge gratuity and travel to eligible inmates upon their release. The CONTRACTOR
shall follow procedures which are substantially identical to those in Rules 33-7.006 and 33-7.007,
60AA-7.006, 60AA7.007, F.A.C., and make payment from its fund to eligible. inmates. The
DEPARTMENT shall not reimburse the CONTRACTC?R for discharge gratuity payments made.
Article 5.14 Transportation of Inmates. The CONTRACTOR shall not, be responsible for inmate
transportation from the DEPARTMENT to the. Facility or from the. Facility to the inmate's destination upon
transfer.- The CONTRACTOR will be responsible for transporting inmates to the hospital or outside
medical appointments, and will be responsible for discharge transportation in compliance with Rules
33-7.007 and 60AA-7.007. FAC., "Discharge Transportation".
Article 5.15 Inmate Discipline. The C'ONTRACTOR will develop and implement a system of
inmate rules and disciplinary procedures in compliance with the Standards and pe.nalties consistent
with. those imposed by the DEPARTMENT. 'Disciplinary bearings will be conduc·ted by the.
CONTRACTOR'S staff who will m.ake recommendations to the DEPARTMENT classification staff.
The DEPARTMENT'S classification staff shall either accept those recommendations or prepare a
written. statement in which good cause for a rejection of those recommendations are established. In the
event that a recommendation i.s rejected by the DEPARTMENT'S classification staff, the
CONTRACTOR shall have a right of administrative appeal to the BUREAU'S Chief. The decision of the
BUREAU'S Chief in the event of any such administrative appeal shan be final and not subject to
appeal or challenge by the, CONTRACTOR in any civil or other administrative fonlffi, nor subject to any
mediation or arbitration proceedirigs.·
,
Article, 5.16 Inmate Visitation. The CONTRACTOR shall provide all space,. furniture"
equipment, and supervision necessary to implem'ent a visitation program in compliance with the
Standards. Both contact and non-contact visitation will be provided as determined by an inmate's
custody level and disciplinary status.
Article 5.17 Drug Testing. A random drug testing program consistent with DEPARTJv.IENT
requirements must be conducted. Monthly repOlis must be submitted to the BUREAU regarding the
testing results.
Article 5',18 Inmate Mail and Telephone.
A)

The CONTRACTOR shall provide for mail and telephone services in compliance with
the Standards.' As required by Section 945.215, Florida Statutes, net recei.pts from,
telephone commissions shall be sent to the DEPARTMENT and deposited monthly in the
Privately Operated Institutions Inmate Welfare Trust Fund (POIIWTF), using the

. Pag~ 13 of 50

procedure outlined in Article 5.5. Expenditures from this trust fund must meet the.
guidel ines of Section 945.215, Florida Statutes, and may not include items that are paIt of
the Contract. The telephone CONTRACTOR(s) for the Facility shall be responsible for
the repair and maintenance of any equipment it installs. However, the CONTRACTOR
shall take all reasonable precautions to prevent damage to the equipment. The
CONTRACTOR will provide computer hardware for administration of the inmate
telephone system. The CONTRACTOR shall comply with all state, federal and local
laws, including the DEPARTMENT's rules, policies and procedures regarding inmate
access to telephones found in Chapter 33, Florida Administrative Code.
B)

The CONTRACTOR shall develop and update, as necessary, with the approval of the
BUREAU, administrative procedures to verify that: contracted telephone companies
accurately record and report all telephone calls made by inmates incarcerated in the
Facility; persons who accept collect calls from inmates are charged the contracted rate;
and the. funds are deposited into the telephone revenue account and transmitted monthly
into the POIIWTF.

Article 5.19 Use of Force. The CONTRACTOR will develop and implement use of force policies
and procedures in compliance with the Standards.
Article 5.20 Inmate Personal Property. The CONTRACTOR shall develop and implement policy and
procedures for handling and disposing Of inmate property. Such procedures shall be in compliance with
DEPARTMENT rules, regulations and other applicable standards provided in Chapter 33, Florida
Administrative Code, and the United States Constitution.
/'

Article 5.21 Inmate Grievance Procedure. The· CONTRACTOR will develop and implement an
inmate grievance system that. meets or exceeds the requirements of federal guidelines established
under 42 U.S.C. § 1997e (2005).

Article 5.22 Sentence Computation. The CONTRACTOR shall provide the DEPARTMENT with
data and information relating to sentence computation. The decision with respect to sentence
computation rests with the DEPARTMENT.
Article 5.23 Gain Time. Change' of Custody and Furloughs. The CONTRACTOR will provide
specificinformation to the DEPARTMENT for the purposes of award or forfeiture of gain time,
change of custody or granting furloughs with the decision for such resting with the DEPARTMENT.
In the event that a recommendation is rejected by the DEPARTMENT, the CONTRACTOR shall
notify the BUREAU'S Chief.

Article 5.24 Security.
A)
'.'. ',r

B)

C)

Page 14 of 50

o

Page 15 of 50

Article 5.25 Food Service. The CONTRACTOR wil! provide a food service program in compliance
with the Standards. Section 957.04 (1)(1), Florida Statutes, requires CONTRACTOR to be responsible
for a variety of services including diet, at least equal to those provided by the DEPARTMENT in
comparable facilities.
The CONTRACTOR shall provide all food, staffing and supervision of preparation for the total delivery
of food service at the Facility. The CONTRACTOR shall provide a full service kitchen with separate
dining rooms for inmates and staff.

1.

2.

Master Menu:
a.

The DEPARTMENT has developed, and has in place, a four-week cycle Master
Menu that shall be followed by the CONTRACTOR to ensure inmates housed in
the Facility receive the same caloric and dietary requirements.
The
CONTRACTOR shall serve three hot meals per day, with the exception of sack
lunches or other special diets, as directed by medical staff.

b.

The CONTRACTOR shall make provisions for providing sack lunches for
inmate work crews in compliance with the applicable DEPARTMENT standards.

Delivery of Food:
a.

General Population: The delivery of food for the general population inmates is
normally provided in cafeteria style in the inmate dining room Facility. Alternate
methods may be proposed by the CONTRACTOR.

b.

StafflEmployees/Official Visitors: The CONTRACTOR shall provide separate
dining room facilities for staff and employees and official visitors; however, the
same food prepared for inmates shaH be served to staff and employees. This
requirement is not intended for inmate visitation participants.

c.

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

d.

Medical Diets:
The CONTRACTOR shall prepare all medical diets in
accordance with the recipes and menus in DEPARTMENT'S Modified Diets
Component of the Master Menu and account for the number of inmates receiving
such diet.
.

3.

Religious Diets/Alternate Entree: The Facility's Chaplain shall have the authority under
the Florida Administrative Code to approve and facilitate religious diets. Except in rare
circumstances, requirements for religious diets are met by the Master Menu through the
alternate entree program. A non-meat protein source is designated on each daily menu as
an alternate to the main entree. Any inmate may choose between either the main entree or
the designated alternate.

4.

Records must be maintained indicating daily menus and number of meals served.
Substitutions to the pre-approved menus must be clearly documented and
CONTRACTOR must ensure that substitutions made are of equivalent nutritional and

Page 16 of 50

caloric value to the original item.
5.

CONTRACTOR shall develop a written policy and procedure for delivery of food in case
of an emergency (ex.amples: non-delivery of food, riots, natural disasters, equipment
failure).

6.

CONTRACTOR' shall develop and implement a written plan foJ' sanitation and rodent
control which includes aU ki.tchen/dining space, appliances, supplies and equipment.

7.

A preventiye m.aintenance schedule for the food service equipment must be 'developed, as
applicable. All tools, knives and utensils must be locked in a controlled environment,
inventoried, and signed in and out in accordance"with DEPARTMENT policy.

8.

AU foods andlor condiments of a high security risk shall be .locked in a controlled
environment in accordance with DEPARTMENT policy.

Article 5.26 Inmate Commissary and Vending Services.
A.

Inmates shall have access to a commissary for purchase of goods. CONTRACTOR will
provide an inmate commissary and may provide for the placement in the Facility of one
or more vending machines for use· by the inmate's visitors. Items for resale must·be priced
comparatively with like items for retail sale at fair. market prices.

B.

As required by Section 945.215, Florida Statutes, the net proceeds derived from operating
inmate canteens, vending machines used primarily by inmates, receipt') from telephone
commissions, and similar sources shall be sent to the DEPARTMENT and deposited
monthly in the Privately Operated Institutions Inmate. Welfare Trust Fund (POIIWTF);

C.

Funds necessary to purchase items for resale in the commissary and inmate vending
machines shall be deposited into a local bank account established by the CONTRACTOR
and approved by the BUREAU, hereinafter called the "Commissary Account".

D.

CONTRACTOR shall make expenditures to the Commissary Account, to purchase items
for resale in the commissary and for other items as contemplated in Section 945.215,
Florida Statutes. CONTRACTOR will send to the BUREAU a monthly report of deposits
and expenditures made to the POIIWTF. This report should include deposits and
expenditures made to the Commissary Account

Article 5.27 Health Care Services. The CONTRACTOR will provide medical, dental and mental
health services in compliance with the Standards, that include the following:
DentallPhysical!JY.1ental Health Services: The CON1'R.Pl.CTOR shall provide, or cause to be provided,all
dental, physical, and mental health services in accordance with all applicable Florida laws and
consistent with the judicial orders and consent agreements entered into by the "State of Florida in
Celestineo v. Singletary, 147 F.R.D. 258 (M.D.F.L. 1993). The CONTRACTOR shall be subject to th",
provisions of Sections 945.601, 945.6035, and 945.35, Florida Statutes. The CONTRACTOR shall
stand in the place of the DEPARTMENT for purposes of this Act. Accordingly, the facility shall be
SUbject to comprehensive surveys ·by. the Correctional Medioai Authority (CMA) of the dental,
physical, and mental health care systems no less than biennially. The CONTRACTOR shall designate
a Chief Health Officer who shall submit reports to the Assistant Secretary of Health Services for all
clinical matters. Any and all contracts for the provision of dental, physical, and/or mental health serviCes
to an inmate shall be reviewed by the FlotidaCMA, prior to the operation of said·contracts. The Florida
CMA reviews and recomme.ndations will be presented to the· BUREAU'S Chief and the
DEPARTMENT. The CMA review will not imply any approval authority by the.CMA, over the
contracts prior tq operation. Approval. authority for any and all contracts will be the sole responsibility

Page 17 of 50

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of the BUREAU.
Limitations on inpatient hospitalization costs: If in the opinion of the on-site. Chief Health Officer, the
inmate cannot be properly treated in the facility, he/she shaH refer the inmate to a medical facility that
can provide the n.ecessary treatment. A list of medical facilities to which inmates can be referred for
off-site c.are will be agreed on by the DEPARTMENT and the CONTRACTOR prior to Service
Commencement Date. In the event that the DEPARTMENT and the CONTRACTOR cannot
mutually agree on a list of medical facil ities that can provide the necessary treatment, the BUREAU
will make the final decision. Any decision by the BUREAU'S Chief is final and not subject to appeal or
challenge by the CONTRACTOR in any civil or administrative forum, nor subject to any mediation or
arbitration proceedings. The CONTRACTOR shall' not be responsible for inpatient hospitali.zation
costs, including any surgery and specialty services, in amount" greater than $15,000 per inmate per
admission, or for costs incurre·d after five (5) days of hospitalization, whichever comes first. If
.inpatient costs exceed $15,000, as described above, any further cost wi.ll be assumed by the.
DEPARTMENT. If an inmate is considered by the Facility's Chief Health Office.r to be medically,
physically, or mentally incapable of par.ticipatlng in the programmatic activities (which have
. been specifically designed to reduce recidivism) for greater than two (2) weeks, the CONTRACTOR
may request in writing that th~ DEPARTMENT eithe.r transfer the Inmate or provide in writing
to the BUREAU valid reasons for the failure to do so. If it is requested that the DEPARTMENT
transfer an inmate beca.use the inmate is not medically, physically, or mentally capable of participating
in the programmatic activities, specific information must be provided that -indicates what
programmatic activities the inmate is unable to participate in, and an explanation of the cause.
The CONTRACTOR shall be responsible for providing security for any inmate admitted to a hospital
for the initial period the CONTRACTOR is responsible for inpatient hospitalization costs. Should
the security provided by the CONTRACTOR continue beyond the initial period because of the need
to provide continuous security, suc·h security shall be provided by the: CONTRACTOR. However,
CONTRACTOR shall be. reimbursed for reasonable costs associated with such supplemental
security. Any such iJ?mate will be included in CONTRACTOR'S Midnight Strength Report for any
midnight. during which the CONTRACTOR is furnishing security for such inmate.
CONTRACTOR shall notify the BUREAU and the DEPARTMENT as soon as possible (within 12
hours) any time an inmate is admitted to a hospitaL
Medical Services: The CONTRACTOR will be responsible for the following: all inmate medical costs
for care provided at the. facility to inClude emergency outpatient care, pharmaceutical services, initial
intake screening for medical, dental and mental health pre.-existing conditions, detoxification of substance
abusers, medically required eyeglasses, bearing aids, and dentures; regularly scheduled chronic illness
clin.ics conducted under the direct supervision of the Chief Health Officer for the following cOllditions:
d.iabetes; respiratory; cardiovascular; seizure disorder; tuberculosis preventive therapy; general
medicine; immunodeficiency; and hepatiti.s C; an infectious disease education' program fot inmates
whi.ch will be consistent with the DEPARTMENT'S existing health ·educati.on program for HIV and
AIDS as described in Section 945.35, Florida Statutes. Testing for HIV infection under th.e following
conditions: .upon request by the. inmate; whe'n there is evidence that an inmate, while at the facility, has
engaged in high-risk be·hav.jor, as established in Section 945.35, Florida Statutes, for transmitting or
contracting HIV: if the inmate has a positive tuberculosis skin test or active TB; or any other condition
deemed medically neceSSalY by the appropriate medical practitioner; no more than 16% of the population
shall be M2 and/or M3 (previously P2 and P3); there can be. a 2% variance. No more than 0.5% of the
population shall be M4. No more than 5% of the population shall be mv positive; th.ere can be a 0.5%
variance. No more than l8% of the population shall be S-3 at anyone time; there can be 0.5% variance.. .
No more than 48% of the population shall be close custody; there can be a 3% variance. Contractor
should follow requirements outlined hi Section 945.355, Florida Statutes..

Page. I8 of 50

Inmate Co-Payment: The CONTRACTOR shall be responsible for collecting a medical co-payment for
each inmate-initiated, non-emergency visit to a health care provider as required by Section 945.6037,
Florida. Statutes, The fees collected will be retained by the CONTRACTOR and the same amount will be
deducted from the monthly management payment billing. All co-payments m.ust be noted in the Offender
Based Information System and accounted for in the m.edical record. A.monthly repoit of co-payment"
will be included with.the management payment billing.
Off-site Security for Hospitalization: CONTRACTOR shall be responsible. for providing security for any
inmate admitted to a hospital anytime that CONTRACTOR.is responsible for inpatient hospital ization
costs. S.hould the security provided by CONTRACTOR continue beyond this period because. of the need
to provide continuous security, such security shall be provided by the CONTRACTOR.
Chief Health Offfcer: The CONTRACTOR shall designate a Chief Health Officer (CHO) for the. Facility
who shall submit reports to the DEPARTMENT (and Director of Health Services, as required) for all
clinical mat.ters.
Health Education PrOlITam: The CONTRACTOR shall develop, subject to DEPARTMENT approval, an
inmate health education program. To promote this health education process, informational programs shall
be made available based on the requirements of Florida Statutes and assessed educational needs of the
inmates. Selected topics for these programs may 'include but are not limited to: .
1)

Personal hygiene.;

2)

Nutrition;

3)

Physical fitness;

4)

Stress management;

5)

Sexually transmitted diseases;

6)

Chemical dependency;

7)

Tuberculosis and other communicable diseases;.

8)

Effects of smoking;

9)

HIVJAIDS;

10)

Hypertensiou/Cardiac;

11)

Epilepsy;

12)

Diabetes;

13)

Dermatology; and

1.4)

Rehabilitation.

An infectious disease edllcation program for inmates, which will,be consistent with the
DEPARTMENT'S existing health education program for HIV and AIDS as described in
Section 945:35, Florida Statutes.
.
Quality Management: The CONTRACTOR shall establish a~d maintain a Clinical Quality Management
program that maintains full compliance with DEPARTMENT rules and regulations and the
DEPARTMENT Office of H~alth Services Technical Instructions that pertain to:
1)

Quality Management

2)

Infection Reporting to

3)

Infection Control Program

th~

Department of Health

Page 19 of 50

4)

Medical Peer Review Committees

5)

Clinical Risk Management Program

6)

Mortality Review Program

The CONTRACTOR will also maintain full compliance with the policies and procedures
pertaining to quality aSSllrance and quality indicators that are currently being revised by
the Office of Health Services.
Health Assessment at Intake: CONTRACTOR shall ensure all inmates being admitted to the Facility are
provided a comprehensive health assessmenUexamination by a physician in accordance with
DEPARTMENT guidelines upon intake into the Faci.lity. This shall include screening and evaluation as
required by the applicable standards and the· requirements provided herein, by medical personnel
immediately upon arrival at th~ Facility. The preliminary screening shall be. documented in the inmate's
case file and include the following:
.,
Inquiry into:
1)

Current illness.

2)

Communicable diseases.

3)

Alcohol/chemical abuse history.

4)

Medications currently being taken.

5)

Dental status.

6)

Chronic health problems.

Observation of:
1)

State of consciousness.

2)

Mental statllS.

3)

Appearance.

4)

Conduct.

5)

Bodily deformities and ease of movement.

6)

Signs of trauma, bruises, lesions, jaundice, rashes and infestations, and needle
marks or other indications of drug abuse.

Explanation of procedures for 'access to health and dental services shall be provided to
inmates both orally and in writing via the Inmate Handbook. The handbook will be
provided by the DEPARTMENT, along with additional information necessary to infonn
the inmate about unique Facility operations.
Referrals: All routine refen'als shall be approved by the CRO and outside referrals shall be made only
when appropriate. Coordination and compliance with the DEPARTMENT's utilization review program
requirements is mandatory. Appropriate referral logs shall be maintained and available for review upon
request.
-Staffing of Health Care Professionals: . The CONTRACTOR shall' employ only candidates who have
appropriate. Florida licensure and certification and who have provided documentation. of past health care
experience and letters of recommendation. Each candidate will be. subject to a credentials review and
approval process with individual certification that the employee has the requisite training, experience and
licensure or certificat.ion necessary to perform the duties assigned. The credentials process must meet or
exceed the requirements of Florida Law.. All Physicians, Advanced Registered Nurse PractitioneJ:'s

Page 20 of 50'

(ARNPs), Psychologists, Psychological Specialists, Physicians' Assistants and Dentists or clinical
equivalents of these position titles employed by the CONTRACTOR shall be credentialed. The
CONTRACTOR shall provide a ceLtification statement on each individual to the Director of the
DEPARTMENT Office of Health Services certifying that the credentials of each individual have been
reviewed and he/she is certified as qualified to perform the dutie~ assigned.
Medical Records: The CONTRACTOR shall ensure that all health care unit staff document each health
care encounter in the Problem-Oriented Medical.' Record utilizing the SOAP format, (including
DEPARTMENT approved forms) as olltlined in DEPARTMENT rules, Technical Instructions and
Florida Statutes.
.
The CONTRACTOR shall ensure that each health record is complete, accurate and contains sufficient
documentation to warrant tbe treatment rendered and that each entry is made in a timely manner. This
shall include requesting, and documenting the request for all available previous medical record..c; and
composing a medical history.
The CONTRACTOR shall ensure that all medical record procedures concerning confidentiality are
followed. Medical records shall remain the prope.rty of the DEPARTMENT and information contained in
a medical record shall not be released to anyone who is not legally authorized to receive it.
The CONTRACTOR shall ensure that each medical record meets the provisions in Florida Statutes,
DEPARTMENT rules, Technical Instructions, the Health Recprd Manual, HIPAA, and other applicable
. laws, rules and regulations..
Other General Health Service Requirements: Routine transpOltation of inmates for medical visits,
consultations, diagnostics studies and hospital admissions shall be the responsibillty of the
CONTRACTOR.
Subject to the approval of the DEPARTMENT, hospitalization or other specialty care which is required in
follow-up to a previous surgery or procedure shall be referred to the provider or Facility originally
providing the services.
CONTRACTOR'S personnel shall establish regular meetings ~ith representatives from the designated
hospital and other providers to coordin~te the referral of inmates. .Policies and procedures shall be
developed by CONTRACTOR regarding refenal methods, scheduling, transportation, reporting of test
results, medical records, acute care hospitalization and patient follow-up, subject to approval of the
DEPARTMENT.
Article 5.28 Physical Health Services.
A.

Chronic Illness Clinics: The CONTRACTOR shall provide. regularly scheduled chronic
illness clinics conducted under the direct supervision of the Chief Health Officer for the
following conditions:
.
1)

diabetes;

2)

respiratory;

3)

. cardiovascular;

4)

seizure disorder;

5)

tuberculosis preventive therapy;

6)

general medicine;

7)

immunodeficiency; and

8)

hepatitis C.

Page 21 of 50

B.
C.

·
.
Sick Calls: The CONTRACTOR shall ensure sick calls are provided in accordance with
DEPARTMENT' ~ guidelines and internal directives of the Facility.
Emergency Care Services: Emergendes shan be taken to tbe nearest hospital' approved .
by the DEPARTlY.lENT. The CONTRACTOR shall ensure the availability of emergency
treatment through predetelmined aITangements with local hospitals. If an inmate should
need to be transfelTed by air, the CONTRACTOR shall use appropriate aviation assets.
All ambulances utilized shall be equipped with life support systems and shall be operated
by personnel trained in life support that are cUITen'tly certified by the State of Florida. The
CONTRACTOR shall obtain documentation of State certification and keep it on file at
the Facility. The. CONTRACTOR shall be responsible. for the cost of all emergency air
ambulance or land ambulance transportation.
The following service requirements shall be met to ensure. that qualified emergency
treatment is provided:
.

D.

E.

F.

G.

1)

In-se.rvice education on first aid and emergency procedures.

2)

Written policies and procedures
transportation of inmates.

3)

Arrangements for emergency 24-hour on-cafl physician coverage.

4)

Coordination with security for arrangements when the. emergency transfer of an
inmate is indicated.
.

5)

Cardiopulmonary Resuscitation (CPR) Basic. Training for all Health Services
staff and.other designated Departmental staff members.

concerning emergency transfe.r and

EIV Testing: The CONTRACTOR shall provide testing for
following conditions:

mv infection under the

1)

UpOIl request by the inmate;

2)

When there is evidence that an inmate, while at the Facility, !las engaged in higbrisk behavior, as established in Section 945.35, Florida Statutes, for transmitting
or contracting mv;

3)

lfthe inmat has a positive tuberculosis skin test or active TB; or

4)

Any other condition deemed medically necessary by the appropriate medical
practitioner.

I

r

Infection Control PrOl!'l'am: The Contract shall pl"Ovide for an Infection Control Program
at the Facility. The program will include, but is not limited to,concurrent surveillance of
patients and staff. prevention techniques, and treatment and reporting of infections in
,accordance with local and state laws.
Special Medical Programs: The CONTRACTOR shall provide. a "special medical
program" for inmates who require close medical supervision induding chronic and
convalescent care. The plan of treatment shall include directions for health care staff al}d
correctional staff regarding their rol.es in the care and supervision. of the inmates. The
special medical program shall service a broad range. of health problems including but not.
limited to seizure disorders, diabetes, hypertension and AIDS.
Optical Services: The CONTRACTOR shall provide, for Optical Services, including eye
examinations perfOlmed on-site and in accordance with ACA Standards and
DEPARTMENT bulletins. A qualified optometrist shan examine inmates with specific
complaints. Eyeglasses shall be provided at the inmate's expense unless cli.nically
Page 22 of-50

I
"/

I

mandated by an ophthalmologist at which time the CONTRACTOR is financially
responsible.
H.

Infirmary Care and Hospitalization: The CONTRACTOR shall provide Infirmary cai'e
for inmates requiring skilled nursing care, chronic illness care, convale.scent care, and all
acute and chronic conditions which can be managed on-site which includes, but is not
limited to the following:
1)

2)

24·hour coverage, supervised all site by a Registered Nurse:
" Daily infirmary rounds by nursing staff;

3)

24-hour Physician on-call coverage;

4)

Physician shall conduct infirmary rounds no less than one time pet day, Monday
through Fri,day.

Tn addition, the CONTRACTOR shall develop a manual of nursing care procedures and
ensure that a medical record is established for each patient. All infirmary encounters by a
health care provider shall be documented in the inmate's medical record.

If, in the opinion of the on-site CHO, the inmate cannot be properly treated at the
Facility, the inmate shall be referred to a Facility that can provide the necessary
treatment, which has been mutualJ.y agreed to by the DEPARTMENT and
CONTRACTOR to provide hospital-based services for the DEPARTMENT'S inmates.
.Those inmates requiring care beyond the capability of the infinnary shall be hospitalized
at a licensed community Facility. Routine admission from the Facility shall be made to a:
hospital Facility approved by the, DEPARTMENT.
Recommendations for
hospitalization" with.' the excepti.on of emergency situations, shall require review and
approval by the on-site CHO. Hospital admissions that arise from emergency situations
shall be reviewed by the on-site CRO.within 48 hours of admission.
Treatment, care. or medical procedures including but not limited to surgery, or
prosthetics, initiated at the Facility, shall be completed prior the clearance of the inmate
for transfer to another DEPARTMENT Facili~y with the exceptio!l of emergency
disciplinary or mental health transfers. Services may be provided at the receiving Facility
and billed to the CONTRACTOR. or with the approval of the DEPARTMENT and the
BUREAU, the inmate may be returned to the sendingFacility.
The CONTRACTOR shall be responsible for all levels of care, including $econdary or
Teltiary level of care for pennanent inmates assigned to the Facility.
Article 5.29 Dental Health Services. CONTRACTOR will provide inmate dental health services that
conform to DEPARTMENT'S Dental Care Manual and the Standards in accordance with:
~

Chapter 466, Florida Statutes

•

American Correctional Association standards

.,

American Dental Association standards

•

FIQrida Board of Dentistry Rules

•

Center For Disease Control. Standards

•

Occupational Safety and Health Administration Standards

I
I

The CONTRACTOR shall provide. emergency and comprehensive dental care, consistent with all
applicable laws, rules, regulations and practicing standards, This includes reexamination,

Page 23 of SO

I
I

comp!l~te and partial dentures, crowns and bridges when indicate.c!, operative, endodontics,
periodontics and oral surgery. Preven.tion of dental diseases must be. stressed along with ora!
hygiene education, The. CONTRACTOR shall have back-up coverage when the Facilities'
dentists are not available.
.

All CONTRACTOR'S dentists 'will be currently lic~nsed in the State of Florida and be in good
standing with the Florida Boara of Dentistry.· Copies of such licensure sh.aH be maintained by the
Facility.

If applicable, all dental' prosthetics shall be provided by the CONTRACTOR through PRIDE of
Florida Dental Laboratory. Clinical oversight of the CONTRACTOR'S dentists shan be provided
by the DEPARTMENT Office of Health Services' Director of Dentistry. The. CONTRACTOR'S
provisi'ol1 of dental services shall include the fo.llowing components:
A.
.B.

Initial intake scre.ening within five (5) workdays of arrival; and
Deve.lopment of a dental treatment plan that includes:
1)

Prioritization of needs;

2)

Counseling on oral hygiene:

3)

Fillings, cleaning and prosthesis: and

4)

Dentistry based .on preventive care and complaint-oriented care.

Article 5.30 Mental Health Services. The CONTRACTOR shall ensure that inmate mental health care
is delivered in a manner that complies with all state. and federal laws, n.iles and regulations contained
her~in. The DEPARTMENT publication, "Mental Health Services Plan, II provides guidelines on how the
DEPARTMENT has organized its mental health care system. Inmates are assigned to a correctional
Facility according to the memal health grade assigned during the health assessment each inmate receives
upon incarceration with the State. Thro~lghout the term of the prospective contract, CONTRACTOR shall
utilize the mental 'health grading assignment system L1tilized by the DEPARTMENT and shall comply
with DEPARTMENT'S Mental Health Services Plan.
.

The CONTRACTOR shall provide. Mental Health Services to inmates that include, but are. not
limited to, the following:
A.

Scr.eening and orientation of all new arrivals.

B.

Evaluation of each inmate housed in administrative or disciplinary confinement
protectivelclose management on or before the 30th consecutive. day and every 90th day
thereafter.

C.

Additional screening of each sex offender to determine need and amenability to
treatment..

D.

Psychological evaluation at the request of the Parole CommiSSIon or: Facility staff.

E,

.Case management for aU inmates who require. treatm.ent. Case manageme.nt consists of
various activities designed to facilitate medically necessary care and to monitor its
impact.

F.

Psychiatric assessment of those inmates referred for possible pharmacological.
intervention.

G.

Routine psychiatric review of all inmates requiripg such pursuant to DEPARTMENT·
standards and the rules and regulations referenced herein, including review of adjustment
. to Facility, medication efficacy, and medication review.

or

Page 24 of50

H.

Individualized Service Plans, re.gularJy updated for i.nmates requiring such plans pursuant
to DEPARTMENT rules and r~gulations and any applicable standards referenced herein,
and for other inmates receiving ongoing monitoring and/or care.

. I.

Nursing staff will provide medication distribution and medication education for all
. inmates requiring such pursuant to DEPARTMENT standards an.d the rules and
regulations as 'described herein and as determined by each inmate's se.rvice plan, routine
assessment of medication side effects, and monitoring of medication compliance.

J.

Regular group and/o~ individual counseling for a!l inmate.s requiring such pursuant to
DEPARTMENT standards and the rules and regulations as described herein, and others
in need of treatment.

K.

Crisis intervention and timely referral of inmates who require a higher level of care than
what is available at the Facility.

Additional contractual responsibilities will be:
L.

Ongoing training of other Facility staff on relevant mental health topics.

M.

Supervision of non-doctoral psychological staff by a doctoral psychologist.

N.

Thorough documentation of seryice delivery in the inmate's medical record.

O.

Maintenance of logs of workload and service delivery.

P.

Updating various screens in the Health Service component of the Offender Based
Information System (OBIS-HS).

Q.

Regular monitoring of inmates with mental health needs to ensure tha.t appropriate
counseling services are provided,

R.

Psychotropic medications as prescribed by a duly licensed medical practitioner for
inmates.

s.

Counseling programs. .

T.

Providing an inten1?ive substance abuse treatment program as part of the Inmate
Reintegration Program.

Article 5.31 Pharmacy Services. The CONTRACTOR shall provide Pharmacy Services and such
services. will be performed in strict qompliance with applicable Florida Statutes, Florida Board of
Pharmacy Rules, Federal Drug Enforcement Administration Rules, DEPARTMENT Policies and
Procedures and all other applicable rules and regulations re.ferenced herein.
.
. ,
.
The Pharmacy shall be permitted to provide all pharmacy services for medication distribution at the
Facility a.~ required by Chapters 465 and 893, Florida Statutes. This may be effected by utilizing on-site
. p~arrn.acies, mail order pharmacies or any pharmacy process meeting the requirements in this section.
The CONTRACTOR shall establish a Facility Pharmacy and Therapeutic Committee that shaH make
de~erminations regarding pharmacy services provided by CONTRACTOR.
The CONTRACTOR shall provide coverage on-site or on-call by a licensed pharmacist 24 hours a day, 7
. days a week. Each pharmacist performing services under the contract shall be reachable by beeper.
The CONTRACTOR shall provide, fumish and supply pharmaceutical and drugs to the Facility utilizing
a "unit dose" method of packaging. Unit doses of medication to be administered by nursing staff are to be
provided in a patient specific format. If each dose is individually labeled and packaged, the I.abel shall
include the drug name, strength, lot number, expiration date and manufacturer. If a modLfied unit dose
system sueh as a. card or blister pack is utilized, each card or pack shall be labeled as a prescription.
.
.
Page 25 of 50

Prescriptions shall minimally be labeled to include the inmate name ano number, drug name, dosage,
directions (frequency of administration) prescrib.ing physician, phamlacist's initials, date, quantity of
tablets, manufacturer, lot number and expiration date and any applicable warnings or dietary instructions.
The CONTRACTOR may provide liquid psychotropic medications in unit doses, individually labeled,
with manufacturer, lot number. expiration date and date packaged listed. If the CONTRACTOR utilizes
pill form psychotropic medications, the necessary precautions must be taken to prevent inmate "cheeking"
or other means of retaining medications without ingestion.
The CONTRACTOR shalJ strictly comply with the DEPARTMENT'S form!llary in all cases unless the
DEPARTMENT approves 'a medication exception request.
'
The CONTRACTOR shall provide other medications in liquid unit dose. properly labeled as specified by
the CHO.
The CONTRACTOR shall provide injectable medications as required.
The CONTRACTOR shall provide hypodermic supplies to include needles and syringes and disposal
containers that are tamper proof and puncture resistant. The CONTRACTOR shall be responsible for
appropriate disposal and/or destruction of needles and syringes with documentation.
,

,

The CONTRACTOR shall provide on-site STAT dose capability for emergency stock of drugs in unit
dose packages to be used in emergency situations or until regular delivery of medications can resume.
The specific drugs and quantities shall be determined by the CHO in conjunction with the Facility's
Pharmacy and Therapeutics Committee.
The CONTRACTOR shall provide emergency drugs in sealed emergency kit(~) as reques~ed by the CHO.
In accordance with all governing DEPARTMENT rules and regulations, the CONTRACTOR 'shall

provide and fill all prescriptions for inmates leaving on writ or discharge' for a max.imum of thirty .(30)
days or in sufficient quantity to complete the cun'ent prescription. In no event shall an inmate on
maintenance medications be released or sent without at least seven (7) days supply of such medi~ation.
The medication should be provided to the transferring officer along with the transfer summary.
The CONTRACTOR shall properly package all medications in light and/or humidity resistant containers
as appropriate.
'
The CONTRACTOR shall label each prescription container to include inmate nam.e, inmate number,
inmate location, date, medication name" strength, instructions, prescribing physiciaIi, quantity,
pharmacist's initials, prescription number and warnings.
The CONTRACTOR shall package non-controlled, rion-abusable medications in not more'than fi month's
supply as directed by the Facility's Chief Health Officer. If the quantity is larger than 120 tablets, the
supply shall be dispensed not to exceed 120 tablets with appropriate refills.
The CONTRACTOR shall maintain copies of all prescriptions issued to inmates in a permanent file onsite for a period of three, (3) years. ,Copies will be provided to the DEPARTMENT upOn request.
The CONTRACTOR shall maintain appropriate docuTIfentatiori including, but not limited to, inventory
records, controlled drug perpetual illventoTy. patient profiles and cost data for financial records. All
documentation shall be made available for review by the Warden alld the DEPART1Y.lENT Office of
Health Services' Director of Pharmacy, or designated representatives ofDMS.
The CONTRACTOR shall docurrient and maintain a medication administration record to include all
Information contained all the prescription label and the name of the practitioner who prescribed the
medication.
'
The CONTRACTOR shall perlorm in-service training for staff according to a schedule mutually agreed
upon and approved by the DEPARTMENT.
Page 26 of 50

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

The CONTRACTOR shall provide a licensed pharmacist to perform third party drug utilization reviews
ac; requested by the DEPARTMENT Clinical Quality Management Committee.
The CONTRACTOR shall provide a licensed consultant pharmacist to conduct monthly inspections of all
institutional areas where medications are maintained. Inspection shall include, but not be limited to, the
expiration dates, storage, and a periodic review of medication records. The. consultant pharmacist's
monthly inspection report shall be completed. One copy shall remain in the pharmacy and a second copy
shall be sent to the DEPARTMENT Di.rector of Pharmacy.
'
The CONTRACTOR shall provide a Pharmacist to serve as chairperson of the Facility's Pharmacy and
Therapeutics Committee and to consult O1l-S~te and by telephone with the CHO and staff as requested.
Article 5.32, Laboratol'j' Services. The CONTRACTOR shall provide Laboratory Services for all
medically necessary' and appropriate diagnostic laboratory procedures in accordance with the
requirements set forth below:
All STAT laboratory work shall be pelfonned at a local hospital or accredited laboratory nearest the
'Facility. Results shall be tele,phoned immediately to the, requesting physician al)d a written report shall
follow within 24 hours.
Non-llrgent Laboratory services may be provided to the Facility by the DEPARTMENT'S laboratory
services contracted provider or by, the CONTRACTOR under a written arrangement. The most costeffective process may be utilized subject to prior Office of Health 'Services' approval,. However, the
subcontracted Laboratory must be in compliance with aU applicable requirements Chapter 483, Florida
Statutes, including Sections 483.011, 483.26 and 483.800 through' 483.827, and the Standards as
described herein. If the CONTRACTOR provides any in-house laboratory testing. it must also be in
compliance with the appropriate provisions of Florida law. If only waived tests are con.ducted, the
CONTRACTOR must obtain a Certificate of Exemption from the Agency for Healthcare Administration.

of

Services shall include, but not be limited to:
A.

. ~aboratory supplies and required equipment (Le., centrifuges).

B.

Pick-Up and delivery on a daily basis, or as needed Monda~ through Friday.

C.

Printer instalJ.ed
ACCEPTABLE).

D.

Immediate telephone Gontaet with written reporting capability within 24 hours.

at

the· Facility,

to

provide

test

results

(FACSIM:ILE

NOT

The CONTRACTOR will provide a physician who shall check, initial and date all laboratory results
within an appropriate time, not to exceed '24 hours (weekends excluded), to asse,58 the follow-up care
indicated and to screen for discrepancies between the clinical observations and the. laboratory results. In
the event that the laboratory report and the clinical condition of the patient do not appear to correlate, it
shall be the responsibility of the physician to make a clinical assessment, and' to; provide appropriate'
follow-up, which shall include reordering of the lab tests.
Article 5.33 Radiology Ser'vices. The CONTRACTOR shall provide Radiology Services for all,
medically necessary and appropriate diagnostic X-ray procedures.
Subject to the prior approval of the DEPARTMENT Office of Health Services. AU services shall be
provided in accordance with applicable state and local regulations for equipment and personnel licensure.
The CONTRACTOR shall ensure that X-ray films are read by a radiologist. The radiologist shall call the
Facility CHO with any report requiring 'immediate intervention. The CONTRACTOR shaH ensure that a
written report, on the appropriate DEPARTMENT form, is forwarded as required. All emergency X-rays
that are required at times 'other than normal working hours shall be pelforrned at a local Facility. A
physician shall review, initial and date all X-ray repo~s within a reasonable time.

Page 27 of 50

Article 5.34 Inmate Programmatic Services. The CONTRACTOR shall provide Inmate Programmatic
Services including academic and vocational programs that have the objective of reducing recidivism by
assuring t~e successful reintegration of the inmates back into society upon release from incarceration.
Such services shall be initiated upon the Service Commencement Date,that will be maintained
continuously and will be certified by the appropriate governing agency(ies). Teacher's and Instructor's
credentials must m.eet OJ' exceed all applicable requirements of Florida Law. The inmate participation
requirements set forth in Exhibit I shall be reevaluated annually and adjusted as necessary by mutual
agreement of the parties through an addendum to this Contract; any reduction in in.mate participation
requirements shall be accompanied by a corresponding reduction under Article 7.1.

In addition, the CONTRACTOR may utilize' volunteers for programs that will contribute to leisure time,
l:eIigious educational programs, or that in the CONTRACTOR'S judgment may contribute to inmates'
adjustment in the Facility or upon release. VolLinteers shall be screened according to the established
DEPARTMENT policy.
All inmate programs are subject to reporting requirements of the state and federal government. All
programs must be offered on a continuous basis. Teacher/instructor ratios are to be reasonable to
accomplish this goal. and once approved are subject to the vacant positions clause of the Contract. The
CONTRACTOR shall achieve and maintain performance me.asures for these programs as stated in the
Contract and shall provide DMS with a quarterly status report indicating whether the programs' goals
have been met or the reason why the goals have not been met.
Types of program services to be provided include, but are not limited to the following:
A.

Industry Programs that ·are specialized to meet current needs of the Facility and '01' the
DEPARTIVIENT. The industry program will.be designed to impart knowledge and
develop skills that are essential for success in meeting the needs of the Facility and or the
DEPARTMENT, with adequate experience to enable the inmate to obtain outside
employment. Actual work-based projects are to be included in the learning activities.
Industry programs must have specific performance measures: number enrolled, number
participated, number completed, number celtified, etc., with the goal of placing as many
inmates as feasible in a work ·program to benefit the state and maintain security in the
Facility. The custody level of the inmate is to be a consideration in establishing and
assigning inmates to industry programs. The program may include subcontractors to
accomplish the program. goals.
..

B.

Release Preparation or Pre-Release classes emphasizing resources in the community to
aid in transition.

C.

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

D.

Religious Services shall be made available to all inmates who wish to panicipate in
accordance with the Standards and the United States Constitution. Services may be
provided by a Chaplain(s) hired by the CONTRACTOR, or by qualified volunteers. If the
CONTRACTOR chooses to depend upon volunteer services and said services prove to be
inadequate to meet the needs of the inmates as determined by the BUREAU, then the
CONTRACTOR shall hire one or more. Chaplains at no addition.al cost.

E.

Organized weekly religious services shall be offered. Volunteers from the community
may be utilized to assist in offering a variety of religious programs. Religious activities
must be afforded in accordance with applicable· federal and state laws.
Pastoral
qualifications of employees or volunteers in this program. must meet' the minimum

Page 28 of 50

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

'

qualifications required by the DEPARTMENT.
F.

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

G.

Substance Education Abuse Program that provides individual and group counseling for
inmates that complies with the standards and includes mental Health Care and Crises
Intervention Services, etc.
.

Article 5.35 Program Plan. CONTRACTOR shall provide as part of its Contract a plan for providing
academic and vocational programs to inmates ("Program Plan"), to be initiated upon the commencement
dale, that will be maintained continuously and certified by the appropriate goveming agency(ies). All
programs are subject to reporting requirements of the state and federal government. All Programs
described. in the Contract must be offered on a continuous basis. Teacher/instructor ratios are to be
reasonable to accomplish the goal, and once approved are subject to the vacant positions clause of the
contract. The CONTRACTOR shall achieve and maintain performance measures for these programs and
shall provide the BUREAU with a quarterly status indicating whether the programs'. goals have been met
or the reason why the goals have not been met. See Exhibit 1 for a detailed plan.
Article 5.36 Inmate Laundry and Clothing. The CONTRACTOR will furnish uniforms, including
for inmates that will be properly sized and fitted, climatically suitable, durable and presentable.
The CONTRACTOR will provide laundry services and clothing in compliance with the Standards' to
include, but not be limited to the following:
shoe~,

•

Regular changes of clothing;

.•

Specialized clothing for inmates who are involved in activities such as food service,
maintenance; and

•

Clean bedding and linen.

Article 5.37 Inmate Compensation. Some inmates employed in selected jobs are paid for their labor.
Wages should be deposited to the inmate's account and a portion of earnings be returned to the State to
offset part of the cost of incarceration. Distribution of inmate earnings will continue to accme to either the
inmate or the State and the CONTRACTOR will have no claim to any part of inmates' earnings. The
CONTRACTOR shall. comply with Florida Statutes regarding inmate earnings distribution.

Article 5.38 Library. The. CONTRACTOR shall provide an inmate library in compliance. with the
Standards:
Article 5.39 Access to Courts. Th.e CONTRACTOR shaH provide inmat,esaccess to courts in
compliance witl). the Standards as referenced herein and the United States Constitution.
. Article 5.40 CONTRACTOR Staffing Requirements.
A.

.
.
Staffing Levels and Guide!ines as provide.d by the ACA, including Inmate to staff ratio.

The CONTRACTOR shall. provide sufficient, qualified personnel to oversee· and carry
out the re.quired operations of the Facility as specified in this CONTRACT.
B.

Egua.l Employment OopOltunity: The CONTRACTOR shall provide. written procedures
on recruitment and selection of both obj~ctiYe and SUbjective merit principles.
Recruitment·and selection shall be done without regard to age, race, color, sex, religious
creed, national origin, political opinions. or affiliations, marital status or handi~ap, except

Page 29 of 50

when such requirement' constitutes a bonafide occupational quulification necessary to
perform the tasks associated with the position; equal opportunity practices relating to
recruitment, examination, appointment, training, promotion, demotion, compensation,
retention, discipline, separation, or other employment practices. The CONTRACTOR is
responsible for maintaining records as required by the federal Equal Opportunity Act.
C.

i'

Vacancies: It is understood'an.d agreed that from time to time a vacancy may occur
in staff positions required by the staffing pattern. For purposes of this CONTRACT, a
vacant position is defined to occur when the employee assigned to that position has
,resigned, been terminated, or is reassigned to another position. A vacancy does not
occur when an employee is temporarily absent due to vacation, sick leave, or other
temporary leave condition. A vacant position also includes a staff position that is filled
with a person who does not possess the. training, licensure or credentials required to
perform the function. ' A vacant position does not include a vacancy in a position on the
CONTRACTOR'S table of organization if the CONTRACTOR amlnges for the service
to be provided by another appropriately quali.fied individual, so long as th.e servic.e is
actually pro'vided on the shift or during the hours and in the manner contemplated by the
agreement. This adjustment shall not be considered a form of liquidated or actual
damages, but is a withholding of payment for a service not provided. After thirty (30)
days, a position that is actually vacant may also be subject to an assessment of liquidated
damages without the necessity of written notice. Any vacant position, shall be filled as
soon as possible by the CONTRACTOR. The CONTRACTOR shall provide to the
BUREAU'S Contract Monitor each month, a list of vacant positions along with a
position control documentation. The CONTRACTOR agre,es to exercise dlle
diligence to attempt to fill any vacant security positions within thirty (30) days of
vacancy and non-security positions, within forty-five (45) days after the date upon which
. the position becomes vacant. If the CONTRACTOR anticipates a problem in filling a
'vacant position within' the forty-five (45) day allowance for non-security positions or the
thirty (30) day allowance for security positions, the CONTRACTOR must request a
waiver from the BUREAU on a case-by-case basis to fill a position with contracted staff.
Positions not filled with permanent employees or contracted staff will incur vacancy
deduc.tions. If the CONTRACTOR fills a position with contracted staff after a waiver
has been approved, docttmentation rhust be provided to that effect to the BUREAU'S
Contract Monitor to be induded on the monthly vacancy repOlt submitted to the
BUREAU: A vacancy deduction will continue to be made for a vacant position until the
CONTRACTOR re.ceives final approval for a waiver from the BUREAU. As .long as
the CONTRACTOR has exercised and continues to exercise. due diligence to fill a
position, the fact that the position remains vacant shall not constitute an Event of
Default, but if the CONTRACTOR has Jess than the required number of
e'mployees for more than the specified time, deductions for vacancies will be made
from the monthly per diem paid by the BUREAU using the 365-day method inclusive
of benefits, until such time as the position is filled permanently or with contracted staff.
The CONTRACTOR shall maintain a file containing job descriptions for each
position contained within the staffing pattern. All security posts will have a post
order with sufficient detail to insure the security person filling the positi.on ean
accomplish all tasks.

D.

Staff Health Requirements: The. CONTRACTOR shall have all staff tested al1IllLally for
TuberCUlosis, and offe~' inoculation for Hepatitis B per the DEPART.MENT's Blood
Borne Pathogens Manual and applic..'1ble ACA Standard~.

E.

Minimum Required Staffing Positions: As provided by ACA.·

Page 30 of 50
--------,.

__.._ - - - - - - _ .

a)

Staffing Qualifications: All required persc,mnel documentation including
celtifications shall. be maintained at the Facility.

b)

CONTRACTOR Staff Conduct: The CONTRACTOR shall ensure .tbat all staff
adheres to the following requirements for conduct:
The CONTRACTOR or staff shall not display favoritism to or preferential
treatment of, on.e inmate or group of inmates over another.
The CONTRACTOR or staff shall not display any favoritism or preferential
treatment to family, friends of employees or inmate. family members.
The CONTRACTOR or staff shall not enter into any business relationship with
inmates or their famiLies (example - selling, buying or trading personal property),
or persona[Jy employ them in any capacity.
Unless approved in writing by the 'Contract Manager, the CONTRACTOR or
staff shall have no outside contact (other than incidental contact) with an inmate
residing at the Facility or' their family .01' close associates, except for those
activities which are approved as part of the. contract and palt of th.e emp]oyee's
job description.
'
The CONTRACTOR or staff shall not engage in any conduct which is criminal
in nature or which would bring discredit upon the CONTRACTOR or the.
Department.
In providing services pursuant to this CONTRACT, the
CONTRACTOR shall ensure that their employees avoid both misconduct and the
appearanc.e of misconduct.
Any violation or attempted violation of the restrictions referred to in thi.s section
regarding employee, COllduct shall be reported by phone <Ui.d in writing to the
Contract Manager and the Warden. including proposed corrective action to be
taken by the CONTRACTOR. Any failure .to report a violation. or take
appropriate disciplinary action against the offending party or parties shall subject
the CONTRACTOR to appropriate action, up to and including termination of this
Contract:
The CONTRACTOR shall report any violations detailed above and any other
blcident requiring investigation by th.e CONTRACTOR in writing to the Contract
Manager within 24 hottrs of the CONTRACTOR'S know ledge of the i.ncident.
,

.

The CONTRACTOR shall provide their employees with a copy of these
standards of employee conduct and document receipt of such notification in the
employee's personnel file.
.
c)

Criminal History Check: The. CONTRACTOR shall ensure its officers,
employees or agents, and any sub-CONTRACTOR or subcontracted staff
performing operational and/or management services at the Facility, shall be
subject, at the CONTRACT9R'S expense, to a Florida Department of Law
Enforcement (FDLE) Florida Crime Information Center/National Crime
Information Center (FCICINCrC) criminal history check. This criminal history
check will be conducted by t,he State and may occur or re-occur at any time
dLlring, the contract period. The State' has full discretion to require the
CONTRACTOR to disqualify, prevent, or remove any staff from any work under
this CONTRACT. In order to can'y out this criminal' history check, the
CONTRACTOR shall provide, prior to commencing services or upon request,
the following data for any individual CONTRACTOR or stib-CONTRACTOR'S'

Page 310f 50

----------

staff assigned to the contract: Full Name, Race, Sex, Date of Birth, Social
Security Number, Driver's License Number and State'ofIssue.
The CONTRACTOR shall screen all potential employees through refelTal,
employment and background checks prior to the individual providing services,
custody, control or supervision to inmates as directed by this CONTRACT, This
screening shall i~clude but not be limited to employment history,
academiclvocational achievement, references, organizational affiliations and any
certifications or Iicensures.
The CONTRACTOR shall require that all Clll1"ent and potentia.l employees
provide the details of any of the following criminal backgroU11d information:
e

Conviction of a felony or first-degree misdemeanor;

co

Pled nolo cont.endere or pled guilty to a crime, which is a felony or firstdegree misdemeanor;

•

Had adjudication of guilt withheld to a crime, which is a felony or a firstdegree misdemeanor; and

e

Current pending charges for a violation of law.

The CONTRACTOR shall not assign or employ personnel to provide any
services pursuant to this CONTRACT who were convicted of a felony unless
approved in wliting by t;be Contract Manager,
The CONTRACTOR shall ensure that the Contract Manager is provided the
information needed to conduct the NCIC/FCIC criminal history check prior to
any new contractor or subcontractor staff being hired or assigned to work under
the contract. The CONTRACTOR shall not offer employment to any individual
or assign any individual to work in accordance with this CONTRACT, who has
not had an NCICIFCIC criminal history check conducted and employment
approved by the BUREAU, ,
The' CONTRACTOR shall not hire any individual to provide services as
described in this CONTRACT who has been barred from any Department or
other criminal justice facility. '
The CONTRACTOR ~hall immediately repOlt to the Contract Manager any new
an'est, criminal charges ~r convictions o,f any current officer, agent or employee
pelforming services under this Contract.

Article 5.41 Records and Documentation..

A.

Records Mainte.nance: CONTRACTOR will provide a records andrepOlting system both
manual and c.omputerized, for Facility operations that includes the following and is
compatible with that used by the DEPARTMENT. Further, the CONTRACTOR'S'
system will be in compliance with federal, state, and local laws governing confidentiality
and will identify and limit those persons who have control or access. The system will
, provide, for the following:
a.

Provision o~ aU (eports apd records necessary for monitoring of any courtordered compliance.

Page 32 of 50

B.

b.

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

c.

Signed release. of information forms;

d.

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

e.

Re.fen·als to other agencies;

f.

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

g.

Maintenance of records and reports; and,

h.

The retention and storage of 16gs and records in a manner consistent with
DEPARTMENT policy and Florida law.

Manal!e.me.nt Information SYstem: The CONTRACTOR shall inSk1.11 a fully compatible
electronic data processing (EDP) System 'to Access the FLorida Offender Based
Management Information System (OBIS) for information purposes with regard to inmate
transfer, inmate financial records, and classification and heath services.

Article 5.42· Deliverables. To operate a 1,SOO-bed, adult male, medi'um/close custody security
level correctional facil-ity.
Article 5.43 General Reporting Requirements.

CONTRACTOR sbould provide samples of any

current reporting requirements it utilizes.
Article 5.44 Monitoring and Evaluatlon.
A.

Contract Mon.itoringlPerformance Evaluation Monitoring: At its 'discretion, the
BUREAU wilf monitor the CONTRACTOR'S pel1'ormance to ensure compliance in
accordance with all contract provisions, DMS's instructions, and all applicable standards,
,including, but not limited to ACA, Administrative Rules, DMS and DEPARTMENT
guidelines, specifications of this CONTRACT, Court Orders and Decrees.
The Contract Monitor or designated represen~ative.g or employees of the BUREAU may
conduct inspections as deemed necessary. The, BUREAU shall have the right to
reasonably prompt access to examine, and rece.ive copies, if requested, of all records of the
CONTRACTOR relating to the Facility, including without limitation, all financial books
and records, maintenan.ce records, employee records, and inmate records generated by the
CONTRACTOR and its subcontractors, or independent contractors, in connection with
the performance of this Contract.
The BUREAU'S monitoring activities shall incl ude review of subcontracts as previously
described herein. The. Contract Monitor shall provide the results of monitoring/inspection
activities conducted to the CONTRACTOR in writing.
If CONTRACTOR
noncompliance issues are noted during a monitoring activity, each shall be specifically
identified and cOlTective action shall be recommended with a time frame specified to
achieve. compliance..·
.
The cost of the Contract Monitor will be a deduction to the monthly invoice paymel1t to
the CONTRACTOR. ,The actual cost for such deductions will be based upon the
appropriated rate, salary and expense dollars for the function.
Compens~tion

will be adjusted monthly to reimburse the. BUREAU for the salary and

Page 33 of SO

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

expenses (to Include coverage of employee he,nefits) of the Contl'act Monitor. Additional
deductions wi.u be made for any ad valorem taxes or payment in lieu of such taxes tbat
may become. due onthe Facility pursuant to judicial determination or legislative mandate.
B.

Monitorim! and Evaluation: The BUREAU'S Contract Monitor or designated BUREAU
staff, will perform monitoring during the term of the contract, but not less than once a
year to ensure contract complia.nce. Monitoring shall iJ1clud~ periodic review of
compliance with contract performance, including but not limited to, re.view of the
following:
1)

2)
3)
4)
5)

6)
7)

8)
9)

Security
Inmate Management and Control
Inmate Programs and Services
Facility Safety and Sanitation
Administration
Food Service
Personnel.Pr~ctices and Training
Inmate Health Services
Inmate Discipline
,

~

Other matters relating to services as determined by the BUREAU.
In addition to monitoring. the performance of the CONTRACTOR may be compared to
the performance of the State in operating like fac.ilities. The CONTRACTOR shall
supply aU data necessary to conduct such evaluations.
In evaluating the
CONTRAcTOR'S performance. the BURBAU shall consider the specific areas identified
above.

C.

Self-MonitOlimr: The CONTRACTOR shall c.ontinually conduct self-monitoring
utilizing a comprehensive self-monitoring plan providing for both Facility-level SelfMonitoring and Corporate-level Self-Monitoring. The CONTRACTOR shall designate
an employee as the staff member responsible for· continuous self-monitOling of the
Facility. CONTRACTOR. shall provide. access to all self-monitoring to the. Contract
Monitor.

Article 5.45 Inmate Reintegration Program. CONTRACTOR will provide, an Inmate Reintegration
Program which provi.des for the following:
Treatment Program Counseling which will provide individual and group counseling for inmates
which will comply with the Standards, and includes mental health care and crisis intervention
services, adjunct community resource assistance as needed, specific therapy groups as determined
by inmate needs and which may change over time, and a substance abuse program which is more
fully described in Exhibit I,
Volunteer ProlITams which will include clearly specified lines, of authority, l:esponsibility and
accountability for the volunteer services program; recruitment, screening and selection of volunteers; .
and volunteer orientation and training.
Education PrOf:!TaffiS in compliance with the Standards and as more fully described in Exhibit 1.

Page 34 of 50

Inmate Work Programs in compl iance with the Standards. All inmates will be required to keep
their living areas clean and in addition, work opportunities will be available in the, food service, laundry,
maintenance shop, warehouse, and utility squads. DEPARTMENT will be responsible for
approving gain time credit for labor perfonned. The CONTRACTOR will be required to submit an
annual report documenting the number of persons who have, satisfactorily completed each of the
academic educ'ation, vocational education, and substance abuse components, required to be
delivered per' the terms' of this Contract and the CONTRACTOR'S response to the Invitation
to Negotiate, Included in this annual report shall be an update of the career outlook analysis,
concel11ing information as required in the CONTRACT including: type of jobs the vocational training
prepares the inmates for; estimated job growth, in the State of Florida, in the fields of training being
offered; salary range of the, jobs available; and qualifications necessary for the jobs.
Article 5.46 Recreation. The CONTRACTOR will provide indoor and outdoor recreatioil and
leisure time programs for the inmates in compliance with the Standards.

Article 5.47 Safety and Emel'gencv Procedures. The CONTRACTOR \'J{iII operate and rnaint:ain
the Facility in compliance with applicable federal, state and local safety and fire codes and in
accordance with the Standards.
.

ARTICLE SIX
EMPLOYEES
Article 6.1 Independent Contractor. With respect to the performance of the services set out
herein, the CONTRACTOR is and shall be an independent CONTRACTOR and, sub.iect to the telIDS of
this Contract, shall have the sole right to manage, control, operate, and direct the performanc,e of
the details of its duties under this Contract. The CONTRACTOR'S agents and employees shall not
accrue from the, State., the. BUREAU, or the DEPARTMENT any leave, retirement, insurance,
bonding
any other benefit afforded. to the empl.oyees of the State" the BUREAU, or the
DEPARTMENT as a result of this Contract. CONTRACTOR, its agents, and employees shall not
be considered agents or employees of the State, the BUREAU, or the DEPARTMEl\TT.

or

Article 6.2 Sub-Contractors. The CONTRACTOR may subcontract for the performance of any of its
responsibilities to provide services pursuant to this Contract, provided the BUREAD reviews all
procedural, and operational and fixed capital outlay proje.ct plans and provides written approval,
which approval may not- be. unreasonably withheld. The CONTRACTOR shall furnish to the
BUREAU'S Contract Monitor copies of aU subcontracts, without regard to amount of ann'Ual
payments. Any arrangement by the· CONTRACTOR with an affiliate or member company to
provide services to the Facility shall be. subject to the subcontractor provisions of this Article. No
contractual relationship shall exist"between the BUREAU and any subcontractor and the BUREAU
shall accept no responsibility whatsoever for the conduct, actions, or omissions of any subcontractor
selected by the CONTRACTOR. The CONTRACTOR shall be responsible for the maIiagement of
the subcontractor in the pelforinance of their work. A subcontractor may not work directly wi.th the
BUREAU in any manner and shall not be included in contract negotiations, renewals, audit any
other discussions except at the request of the BUREAU.

or

The prOVIsions of law governing the participation of minority business enterprises are applicable to this
Contract.
The terms "Certified Minority' Business Enterprises" and "MBE(s)" mean only those minority
business enterprises as define.d in Section 288.703(2), Florida Statutes, which possess a current
celiification issued by the DMS Office of Supplier Diversity.

Page 35 of 50

Article 6',3 Personnel. ,CONTRACTOR shall at all times provide sufficient trained staff to provide
for and maintain the security, control, custody, and supervision of .inmates of the Facility in compliance
with applicable court orders, the Standards, and this Contract.
Positions will be staffed with qualified employees in accordance with the staffing pattern provided
in .the CONTRACTOR'S Contract.
Sufficient staff shall be employed at all times to assure that all positions identified ns critical
cOlnplement on the approved staffing pattern. are manned for each shift, unless a departure froni the
staffin.g pattem has been approved in writing by the BUREAU'S Chief. The CONTRACTOR shaH be
required to fill criticf).J complement positions by using overtime 01' other staff members to ensure that
the staffing levels do not decrease below the, established critical complement. The approved staffing
pattern is attached as "Exhibit 2 and herein incorporat~d by reference.
ParHime correctional officers may be used as long as they are fully trained and licensed, The use of
part-time correctional officers will be limited to a maximum of 900 hours per week. The use of
parHime staff in supervisory positions is forbidden,
Article 6.4 Training. The CONTRACTOR will provide training programs in .c.ompliance with ,the
Standards, Chapter 943 and Section 957.05, Florida Statutes, the Florida Depmtment of Law
Enforcement, Division of Training, Rule 33.25, Florida Administrative Code.

ARTICLE SEVEN
COMPENSAnON AND ADJUSTMENTS
Article 7.1 'Management P~1'rnent, This payment reflects operating costs and does not include de.bt
service numbers. Compensation will be based on two (2) per diem. rates: the first'rate is based on 90%
occupancy ~nd the second rate is base,d on the number of inmates exceeding the 90% occupancy.
The BUREAU will compensate the CONTRACTOR at the following per diem rates (inmate, per

day):
o

$ 42.36 time,s the minimum occupancy of 90%

o

$ 8.00 for each inmate over the minimum occupancy rate of 90%; les~

o

Monthly qeductions 'for:
o The Major Maintenance and Repair Reserve Fund set forth in Atticle 4.9, in the monthly
amount of $12,577 .06.
.
o The Contract Monitor set forth in Article 5.44, intbe'monthly amount of $4514.21
o .Any property taxes or payments in lie.u of taxes (PILOT) that may become due on the
Facility pursuant to judicial determination or legislative maqdate,.

Regardless of the number of inmates incarcerated at the facility, the CONTRACTOR is guaranteed an
a,mount equal to 90% occupancy (l,350 inmates) times tbe 90% per diem rate subject to
legislative appropriations. The CONTRACTOR guarante.e may be subject to the, following: liquidated
damages as set forth in Artic.le 10, I.1; deductions due to position vacancies as set forth in Article 5.40;
deducti.ons for reimbursement of contract monitor as set forth above; deductions for the maintenance reserve
as ~et forth in Article 4.9; ad valorem tax.es andJor PILOT payments required to be paid by CONTRACTOR
by judicial determination or legislative mandate, as set forth in Article 12.7; and any other deduction or

Page 36 of 50 '

charge permitted in this Contract.
Article 7.2 Invoices. CONTRACTOR shall submit· monthly invoices within ten (1.0) working days of
the month end. in a format acceptable. to the accounting department of the DEPARTMENT to the
attention of the BUREAU'S appointed Contract Manager. Invoices shall be submitted in detail sufficient· .
for a proper pre-audit and post-audit thereof. The invoice will retlect the prison population for each day,
midnight count, times the security per diem minus adjustments allowed in the Contract. The invoice will
reflect a separate per diem for programs provided by the CONTRACTOR. The DEPARTMENT will
verify the daily inmate population count. If there is a discrepancy between tile CONTRACTOR and
DEPARTMENT'S count, the DEPARTMENT count will be used in calculating the per diem payment.
Invoices will be adjusted as specified in the CONTRACT.

The BUREAU'S Contract Manager or h.is/her successor shaU be responsible for enforcing performance of
the contract terms and conditions and he/she shall serye as liaison with the CONTRACTOR and shall
approve all invoices for payment.
Submit to:
Rhonda Vause, Chief
Bure-au of Finance and Accounting
Florida Department of Corrections
2601 Blairstone Road
Tallahassee. Flodda 32399-2500

Terry Rocco, Chief.
.
Bureau of Private Prison Monitoring
Florida Department of Management Services
4050 Esplanade Way, Suite 335
Tallahassee, Florida 32399-0950
Name, and Address of Pa-vee
The name and address of the contact person and official payee to whom the payment shall be made:

-:rhe GEO Group. Inc.
One Park Place, Suite 700
621 NOIthwest 53rd Street
Boca Raton, Florida 33487
Article 7.3 Interest Penalties.· Payment shall be made in accordance with Sections 215.422 and 55.03,
Florida Statutes, which state the- CONTRACTOR'S rights and the BUREAU's responsibilities concerning
. interest penalties and time (imits for payment of invoices. Vendors providing goods and services to an
agency should be aware of the following time frames. Upon receipt, an ageney has five (5) working days
to inspect and approve the goods and services, unless the bid specifications. purchase order or .c.ontraci
specifies otherwise. An agency has twenty (20) days to deliver a request for payment (voucher) to the
Department of Banking and Finance. The twenty (20) days are measured from the latter of the date the
invoice. is received or the goods or services are received, inspected and approved.
If a payment is not available within forty (40) days, a separate interest penalty, established
. annually by the Chief Financial Officer pursuant to Section 55.03(1), Florida Statutes, will be due
and payable, in addition tathe invoice amount, to the CONTRACTOR, The interest rate for

Page. 37 of 50

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

-----

~---

.. --. "I
i

calendar ye.ar 2005 is 0.0001918 percent per day (7.0% per annum). The interest penalty provision
applies after a thirty-five (35) day time period to heal th care providers, as defined by rule. Interest
penalties of less than one (1.) dollar will not be enforced unless the: CONTRACTOR requests
payment. Invoices which are returned tq a vendor due to vendor preparation en'ors will result in a delay
in the payment. The· appIiclLble time period does not commence until [l properly completed invoice
is received by the. agency.
A CONTRACTOR Ombudsman has be,e.n established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for Contractors \vho may be
experiencing problern~ in obtaining timely payrrient(s) from a state agency. The CONTRACTOR
Ombudsman may· be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline at
(800)848-3792. .
Article 7.4 Adjustments to Compensation. The BUREAU recognizes that the CONTRACTOR has
ente.red into this Contract based upon the Standards in effect as of the date the Contract beclLIne effective.
If there are changes in the. Standards or unforeseen circumstances which change the scope of servic.e.s
to be furnished pursuant to this' Contract and increase or decrease the cost of managing the
facility, CONTRACTOR wiH provide the BUREAU written notice and documentation suppOlting an
adjusrment to compensation. The BUREAU wm review and not unreasonably deny the adjustment
to compensation. The BUREAU may adjust the total compensation paid CONTRACTOR so that·
CONTRACTOR may be paid compensation equal to the amotmt. req~ired to the change in
CONTRACTOR'S cost managing the Facility because. of the charlge in scope of services,
retroactive to the effective date of such cost changes. Since requests for appropriated funds are
based on costs as provided in the CONTRACTOR'S proposal, any adjustment to compensation to
cover changes in the Standards or unforeseen circumstances which changes the. scope of services,
shall be subject to adeqllacy of appropriate.d funds, sufficient to cover the compensation change.
Article 7.5 Supplemental Compensation. In the event that, pursuant to Article 4. J1, the
CONTRACTOR proposes to expand the capacity of the Facility and the B UREAD approves suc.h a
Contract, then the CONTRACTOR shall. be eligible for supplemental compensation for any inmates
housed in the Facility in excess of 1,500 inmates. The per inmate per day rate of any such supplemental
compensation will be an amount mutually agreed upon by the BUREAU and.the CONTRACTOR, and
shall not be greater than the maximum allowable pursuant to Section 957.07, Florida' Statutes, and shall
be subject to legislative appropriation.
Article 7.6 Appropriation. Contingency. The State's performance and obligation to pay 'under this
Contract is contingent upon an annual appropriation by the Florida Legislature, pt~I'suant to Section
287.0582, Florida Statutes; the State is not obligated for any payments that exceed the amount of the
current appropriation., pursuant to Section 957.04(1)(h), (2)(d), Florida Statutes.
ARTICLE EIGHT
II\TDEMNIFICA TION AND INSURANCE
Article 8.1 Indemnification. The CONTRACTOR hereby assumes entire, responsibiHty and liability
for any and aU damages or injury of any kind or nature whatever (including death resulting therefrom)
to all persons: whether employees of the· CONTRACTOR or otherwise, an.d to all proper~y caused by,
resulting from, arising out of or OCCUlTing in connection with any action of the CONTRACTOR
(including its officers, directors, employees, subcontractors, or agents) in performance of the duties of this
Contract. If any c.1aims for suc.h damage or injury (including death resulting therefrom) be made or
asserted, whether or not such claims are based upon' the CONTRACTOR'S (including its officers,
directors, employees, subcontractors, or agents) active or passive negiigence or participation in the ,vrong

J?age 38 l)f 50

I

)

or upon any aJ.Jeged breach of any statutory dUly or obligation on the part of the above. parties, the
C·ONTRACTOR agrees to indemnify, defend and hold harmless, the State and the BUREAU, its
officers, agent~, servants and employees from and against any and all such claims, and further from
and against any and all loss, cost expense, liability, damage or injury, including legal fees and
disbursements, that the State, its officers, agents, servants or employees may directly or indirectly
sustain, suffer, or incur as a result, and the CONTRACTOR agrees to and does hereby assume, on.
behalf of the State, its officers, agents, servants and employees, the defense of any action at law or in
equity wI1ich may be brought agai,ost the State, its contractors (it" any), its officers. agents,
servants 01' employees, arising by reason of such c.laims and to pay on behalf of the State, its officers.
agents, servants and employees, upon demand of either of them, the amount of any judgment that
may be entered against them, individually, jointly or severally, its office.rs. agents, servants or
employees in any such action,
As part of the. CONTRACTOR'S assumption of all responsibility and liability for any and all damage or
injury as detailed above, the CONTRACTOR further agre.es to hold harmless, defend and
indemnify the State for any loss, expense, re.covery or settlement, including counsel fees and costs
of defense, which arise from any demand, claim. (whethe.r frivolous or not) or suit which may be
asserted or brought against the State or the CONTRACTOR as a result of any injury or damage to any
person or persons (including deatQ) or property (i) allegedly caused by, resnlting from, arising out
of, or occurring in connection with the furnishing of any goods, equipment or services or the
performance or preparation for performance of any of the work or any duties of the,
CONTRACTOR hereunder, or incidental or pertaining thereto, and (it) whether or not such injury or
dam.age is due to or chargeable to the site owner or any contractor or subcontractor· under a
contract for which u~e goods or services herein ordered are required. including, but not limited to,
any claim based on liability without fault for injury caused by defective goods supplied by
the. CONTRACTOR. The CONTRACTOR also agrees to assume responsibility for, hold harmless.
defend and inde.mnify the. State for payment of any expenses, costs (induding delay costs). direct
and consequential damages, penalties, taxes or assessments (including punitive damages),
including counsel fe.es and cost~ of defense, which may be imposed or incurred (a) under any
Federal, State; or local law, ordinance or regulation upon or with respect to any compensation of
any person employed b)i the CONTRACTOR, and (b) under any Federal, State, or local law,
ordinance or regulation upon or with respect to discrimination hi. employment against any
individual employed by the CONTRACTOR on the basis of race, color, religion, sex, or national
origin, and (c) under any Federal, State, or local" law. ordinance or, r~gulation upon or with respect
to any compensation of any person for claims or civil actions a.IIeging deprivation of right, privilege
or immunity secured by the United State.s Constitution and laws pursuant to 42 USC Section 1983 or
similar statute.s as well as claims for attorneys fees brought pursuant to 42 USC Section 1988 or similar
statutes."
.
Article 8.2· Legal Proceedings. The CONTRACTOR shall not be responsible for defending any post
.conviction action, including appeals and writs of habeas corpus by any inmate challenging the
underlyingjudgmem of conviction or the admini.stration of the sentence imposed.
i

Article 8.3 Insurance. The CONTRACTOR is responsible for obtaining and maintaining adequate
insurance coverage as required herein, .The CONTRACTOR shall obtain and provide' proof of general
liability insurance cove·rage (broad form coverage) which shall specifically include fire, and legalliabiJi.ty in
an amount not less than two million dollars ($2.000,000) for each OCCUITence. within a yearly aggre.gate of at
least ten minion. dollars ($10,000,000), and civil rights claims in an amount not less than two mil.lion
. dollars ($2,000.000) for eac.h occurrenc.e within a ye.arly aggregate of at least five. million dollars
($5,000,000). The State of Florida and its respective agencies shall be included as additional insureds
under the policy of general liability insurance coverage issued to the CONTRACTOR. Coverage for civil

Page 3901'50

rights liability may be issued under a separate policy but shall also include the State and its agencies as
additional' insureds. Vehicle liability coverage for all vehic·les used by the CONTRACTOR shall be ..
provided in an amount of not .less than two million dollars ($2,000,000) per occurrence. Coverage shall
also specifically be provided to protect against employee dishonesty in an amount of not less than fifty
. thousand dollars ($50,000).
The CONTRACTOR shall obtain and provide proof of wor)<ers' compensation insurance
coverage (including employer 1iability) in the amount and manner required by ,Florida law for £Ill
. employees of the CONTRACTOR.
The CONTRACTOR shall obtain and/or provide proof of professional liability insurance coverage,
'including medical malpractice liability and errors and omissions coverage, to cover all professional services
to be provided by the CONTRACTOR to the State under this Contract. The amount of coverage
obtained shall be two million dollars ($2,000,000) per occurrence with a five million dollar ($5,000,000)
yearly aggregate. If occun'ence coverage is not available, claims-made coverage with a three (3)
year tail coverage shall be provided for the same amounts and aggregate as det'ailed above.
The CONTRACTOR shall obtain and provide proof of contractual liability insurance coverage to
cover all liability assumed by the CONTRACTOR under this Contract and for which the
CONTRACTOR may be. liable to the State under the indemnification provisions of this Contract
(intermediate form coverage). Such coverag y may be provided by separate coverage or as an
additional endorsement to a general liability policy, but shall be in the same amounts an.d limits of
coverage as that required for general liability coverage.
The CONTRACTOR shaH obtain and provide proof of boiler. and machinery coverage
("comprehensive" coverage) in the amounts of one million dollars ($1,000,000) per occurrence to
cover all loss arising from the operation of boilers and machinery including loss to other property
and losses due to business interruption.
'
The CONTRACTOR shall obtain and provide proof of premises liability insurance (which should be
included in any genera) liability coverage) and property coverage (tire and extended coverage) for
the full value of the buildings, strllctures or other facilities operated by the CONTRACTOR and its
subcontractors and all movable contents which value can pever be less than the then remaining
balance owed under the lease purchase agreement. The: State and its respective agencies shall be
included as additional insureds under this policy.
The CONTRACT9R shall obtain and maintain environmental impairment liability coverage for
liability resulting from sudden, accidental or gradual pollution arising from operations conducted by
the insured, covering damage for bodily injury and property damage in the amount of one million
dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) yearly aggregate .limit. The
Stale and its respective. agencies shall be included as additional insureds under this policy.
All insurance coverage shall be obtained by the CONTRACTOR thr~ugh an insurance agent) icensed in
the State of Florida and such coverage shall be provided by an insurance company licensed to
issue such coverage in the State of Florida. No "self-insurance" coverage shall be acceptable
unless the contractor is licensed or authorized to self-insure for a particular coverage in the State of
·Florida, or is an insured member of a self-insurance group that is licensed to .self-insure in Florida. All
policles shall include a provisiqn requiring ?t least thirty (30) days' prior written notice of
cancellation to the State.
All insurance coverage required to be obtained by the CONTRACTOR shall continue in fu·n force and

Page 40 of 50

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effect during the term of the.

Contr~ct.

No contract shall be entered into between the

CONTRACToR and BUREAU unless insurance coverage binders are. received by the date scheduled

for the. execution of the contract. Proof of insurance policies must be delivered prior to the date on which
the services of the CONTRACTOR shaH commence.
All insurance (:overage is to be provide.d by ins'urance carriers admitted to do business in .Florida
and coverage issued by surplus lines companies shall not be acceptable with the exception of civil
rights liability coverage. All insurance carriers shall be, at the minimum, rated "A VIlli by
A.M. Be.st or an equivalent rating by a similar insurance rating service.
The CONTRACTOR may choose the amount of deductible for any of the insuranee coverage
required (above) to be obtained by the CONTRACTOR, but in no event shall such deductible for
each oc.currence exceed three (3) pe~cent of the required yearly aggregate limit of coverage.
The CONTRACTOR is responsible for first dollar defense coverage. All general liability and
professional liability policies shall provide defense in additio.n to the policy limits.
The limits required herein are the minimum acceptable, However, these limits are not to be constrtled
as being the maximum any CONTRACTOR may wish to purchase for their own benefit.
As respects to the total I-imits of liability required, any combination of primary and/or umbreLla
coverage may satisfy those totals. However, if an umbrella is used, coverage must be at least as
, broad as the primary eoverage.
Article 8.4 Certificate'Qf Insurance and Cancellation. During the pelfol1nance of the management
services hereunder,the CONTRACTOR shall maintain the plan of insurance and submit a Certificate of
Insurance to the BUREAU for the. mutual protection and benefit of it and the BUREAU, naming the
BUREAU as co·jp.sured and entitled to ali notices issued under the policy, to cover claims that may
arise out of or result from the CONTRACTOR'S operation and management services hereunder.
whether same be by the CONTRACTOR or a subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be-liable. The BUREAU
shall be notified at least thirty (3D)' days in advance of cancellation, non-renewal or adverse
change in the coverage. New Certificates of Insurance are to be provided to the BUREAU at leas~
fifteen (15) days after receipt by CONTRACTOR.
'
Article 8.5 Defensellmmunitv.
By entering into the Contract, ne,ither. the State. DMS, the
DEPARTMENT nor the CONTRACTOR waives any immunity defense which may be extended to them
by operation of law including limitation of damages. Excepting only that the CONTRACTOR may not
assert the defense of sovereign immunity.
Article 8.6 Notice of Claims. Within five (5) calendar days after rec.eipl by the BUREAU or the
DEPARTMBNT. or of any agent, employee or officer thereof o{a summons in any action, or within five
(5) calendar days of receipt by the BUREAU or the DEPARTMENT, or of any agent. employee or officer
thereof, of notice of claim, the BUREAU, the DEPARTMENT, or any agent, employee or officer, shall
notify, the CONTRACTOR in writing of the commencement thereof. The notice requireme'nt is
jnt,ended to ensure th~t the CONTRACTOR'S defense of the claim is not hanned by failure to comply with
the notice requirements. Failure to comply with the notice requirements may· re~ult in the
CONTRACTOR'S refusal to indemn.ify the BUREAU. the DEPART.MENT, or any agent, employee or
officer, but only if such failure to notify results in,a prejudice to the CONTRACTOR, the BUREAU, the
DEPARTMENT, or any agent, employee or offieer. The CONTRACTOR will provide the BUREAU or
the DEPARTMENT similar'notice of claims.

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Article 8.7 Prior Occurrences. The CONTRACtOR shall not be responsible fOf any losses or costs
resulting from inmate litigation pending at the effective date of this Contract or for lawsuits based on acts
or omissions occurring prior to the effective date of the Contract. The CONTRACTOR agrees to
cooperate with the State in the. defense of these suits. The BUREAU recognizes that any settlement or
judgment i11 such eases may lead.to a request that the compensation be increased pursuant to
Alticle 7.3.
ArticJe 8.8 Waiver. No waiver of any breach of any of the terms or conditions of the Contract shall be
held to be a waiver of any other or subsequent breach; nor .shall any waiver be valid or binding
unless the same shall be in writing and signed by the party alleged to have granted the .waive.r.

ARTICLE NINE
CERTAINPROHIBITIONS

Article 9.1 Prohibitions. The CONTRACTOR acknowledges the. provisions of Section 957.06,
FloricJa Statutes, which states that a contract entere.d iIito under thi~ chapter does not authorize, allow, or
imply a delegation of authority to the CONTRACTOR to:
A)
Choose the Facility to which an inmate is initialIy assigned or subsequently
transferred. The CONTRACTOR may request, in writing, that an inmate be transferred to
a facUity operated by the DEPARTMENT. The BUREAU, the CONTRACTOR, and a
representative of the DEPARTMENT .shall develop and imple.ment a cooperative agreement
for transferring inmates between a correctional facility operated by the Department and a
private conoectiona! facility. The DEPARTMENT, the BUREAU, and the CONTRACTOR
must comply with the cooperative agreement.

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

C)
Make a final determination on·a disciplinary action that affects th.e liberty of an inmate.
·The CONTRACTOR may remove an inmate from the general prison popuLation during an
emergency, before final resolution of a disciplinary hearing, or in response to an inmate's
request for assigned housing in protective. custody.
D)
Make a decision that affects the se·ntenee imposed upon or the time served by an
.
inmate, inCluding a dec.ision to award, deny, or forfeit gain-time.
E)
Make recommendations to the Parole Commission with respect to the denial or
granting of parole, control release, conditional release, or conditional medical· release.
However, the CONTRACTOR may submit written reports to the Parole Commission and '
must respond to a written request by the Parole Commission for information.
F)
Develop and Implement requirements that inmates engage in any type of work, except to
the extent. thal those requi.rements are accepted by the BUREAU.
G)
Determine inmate eligibility for any form of conditional, temporary, or permanent
re.lease from a correctional facility.

ARTICLE TEN
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DEFAULT AND TERMINATION PROVISIONS
Article 10.1 BUREAU .Breach. Each of the following shall constitute a Breach of Contract on the
part of the BUREAU:
A)

After appropriation of ade.quate funds by the State, failure by the BUREAU to make
payments to the CONTRACTOR under the guidelines of Section 215.422, Florida Statutes.

B)

The persistent or repeated failure or refusal by the BUREAU to substantially fulfill any of
its obligations under this Contract; unless: such failure or refusal is caused by a Force
Majeure event or otherwise justified under this Contract; such failure or re.fusal· is excused
by agt:eement; or such failure or refusal is warranted by CONTRACTOR's default.

Article 10.2 CONTRACTOR Breach. Each of tbe following shall constitute a Breach of Contract
on the part of the CONTRACTOR:
A)

A material failure to keep, observe, perform, meet, or· comply with any covenant,
agreement, term, or provision' of this Contract to be kept, observed, met, performed, or
complied wit.h by the CONTRACTOR hereunder, which slich failure continues for a period of
twenty (20) days, or such longer time as may be granted pursuant to Article. 10.4, after
CONTRACTOR has written notice thereof;

B)

A material failure to meet or comply with any court order, ACA Standards, or federal or
. state requirement of law, which such failure cOlitinue;s for a period of twenty (20)
days after CONTRACTOR has writte·n notice thereof;

C)

A failure. to maintain ACA accreditation in. accordance with Article 5.21;

D)

CONTRACTOR shall (i) admit. in writing its inability to pay its debts; (ii) make a general
assignment for the benefit of creditors; .(iii) suffer 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
Gonsent, not to be stayed or discharged within sixty (60) days; (iv) suffer proceedings
under any law relating to bankruptcy, insolvency. or the reorganization or relief of
debtors to be instituted by or against it and, if contested by it, not to be dismissed or stayed
within sixty (60) days; or (v) suffer any judgment, writ of attachment or execution, at any
similar process to be issued or levied against a substantial part of its property which is not
released, stayed, bonded, or vacated within sixty (60) days after issue or levy; or

E)

Any other action by the CONTRACTOR which would be considered a breach of this
Con.tract at common law.

Article 10.3 Notice of Breach. Except for the BUREAU's obligations to make payments to the
CONTRACTOR (for which notice. of non-payment shall not be required), no breach of this Contract on
the part of either party shall constitute an Event of Default and no action with regard to same may be
instituted unless and until the party asserting a breach specifies, in writing to the party against whom the
breach is asserted, that a breach or breaches exist(s) which, unless c.orrected or time.ly cured
within a time. period specified in the notice, will constitute a material breach of the· Contract on. the
part of the patty against whi.ch a breach is asserted.
Article 10.4 Time to Cure. In the event of a Bre.ach of Contract of the type specified in Article 10.2
(A) or (B) occurs and the CONTRACTOR reasonably believes that such Breach of Contract cannot be

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cllred within the twenty (20) days allowed to cure such Breach of Contract in Article 10.2 (A) or (B), as
the case may be, and that such Breach of Contract can be cured, through a diligent, on-going, and
conscientious effort on the part of the CONTRACTOR, within a reasonable period not to e.xceed a
total. of 45 days, unless exte.nded by the BUREAU, then the CONTRACTOR may, within the twenty
(20) day cure period, submit a'plan for curing the Bre.ach of Contract to the BUREAU Chief of the
BUREAU (which plan shall show in detail by what means the CONTRACTOR proposes to cure the
Breach of Contract). Upon receipt of any stich plan for curing a Breach of Contract, the BUREAU
shall promptly review such plan and, at its discretion may allow, or disallow, the CONTRACTOR
to pursue such plan of cure.
Article 10.5 Remedy of the BUREAU. Upon the occurrence of a Breach of Contract by the
CONTRACTOR, the BUREAU'S Chief shall have the right to pursue any remedy it may have at law
or in equity, including but not limited to (i) reducing its claim to a judgment and seeking all
damages for such breach; (ii) taking action to cure the Breach of Contract, in. which case the
BUREAU Chief of the BuREAU may offset against any payments owed to the CqNTRACTOR at!
reasonable. costs incurred by the BUREAU in connection with its efforts to cure such Breach of
Contract; (iii) in the event the CONTRACTOR is not terminated, assessment of liquidated
damages as set forth in Article 10.11 herein; and (iv) termination and removal' of the
CONTRACTOR as the operator of the Facility and the offsetting against any payn;;ents owed to
the CONTRACTOR by the BUREAU of any reasonable amounts expended by the BUREAU to
cure the Breach of Contract, including a reasonable attorney's fee.. In the event of
CONTRACTOR'S removal as the CONTRACTQR due to a Breach of Contract, the Bu.K.'EAU shall
have no further obligatiOns to the CONTRACTOR after such removal and the CONTRACTOR agrees to
comply with Articles 10.9 and 12.6 with respect to the. transition to new mallagernent. In the event of
. any remedy pursuant to this paragraph, the CONTRACTOR shall have the right of appeal to the
BUREAU and during such appeal, the remedies pursuant to this paragraph m be tolled.
Article 10.6 Remedy of the CONTRACTOR. Upon a Breach of Contract by the: BUREAU, the
CONTRACTOR'S sDk remedy shall be to terminate this Contract. Upon such termination, the
CONTRACTOR shall be entitled to receive from the BUREAU payment for all services
satisfactorily furnished under this Contract up to and including the' date of termination.
Article 10.7 'Force Majeure. The failure of performance of any of the terms and conditions of this
Contract due to Force Majeure shall not be a breach or an Event of Default pursuant hereto.
.

.

Article 10.8 Termination for Non.Aptlropriation. The payment of compensati.on hereunder by the
BUREAU is contingent upon the. availability of funds legislative,ly appropriated to pay such
compensation, In the event funds for compensation pursuant to the Contract become uUilvailable due to
non-appropriation, the BUREAU shall have the right to terminate t~is Contract without penalty.
Article 10.9 Contract Termination and Control of a Correctional Facilitv by the DEPARTMENT~
A detailed plan must be provided by the. CONTRACTOR under which the DEPARTMENT will
assume control of the Facility upon termination of the. Contract. The BUREAU may terminate the.
Contract with cause afte.r written notice of material deficie.ncies and after twenty (20) workdays in
order to correct the material deficiencies. If any event occurs that involves the noncompliance
with or violation of Contract terms and that presents a serious threat to the. safety, health, or security
ofinmaies, employees, or the public, the BUREAU shall request that the DEPARTMENT
temporarily' assume control of the private. correctional Facil ity. A plan must also be provided by a
private CONTRACTOR for the purchase and assumption of operations of a correctional Facility
by the DEPARTMENT in the event of bankruptcy or the financial insolvency of the private
CONTRACTOR. The private CONTRACTOR must provide an emergency plan to address Inmate

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disturbances, employee work stoppages,' strikes, or other seriolls events in accordance with the
Standards of the Am.erica.n Correctional Association~
Article 10.10 Termination. The. BUREAU may terminate this Contract for convenience by giving
the CONTRACTOR written notice, ninety (90) days prior to the termination effective date.
Article HUt Liquidated Damages. The CONTRACTOR, in the event of default, shall pay to the
BUREAU. not as a penalty but as liquidated damages, in the following con'esponding amounts, pel' day:
Service Area 1:

Security and control, ACA Accreditation, Health Services. Use of Force,
Escapes, Contract Monitoring.
Vendor Breach
Failure to Provide Services
.Failure to Document
Failure to Report
Failure to Comply with Other
.Applicable. Requirements

5erv ice Area 2:

$5,000
$5.000

$J.OOO
$2.500
$1,500

Sanitation. and Hygiene, Food Servic.e, Mail. Religion. Access to Court. Inmate
Grievance, Visitation, Records and Reports, Employee Qualifications
and Ti-aining.
Dis~ipline.

Vendor Breach
Failure to Provide Servipes
Failure to Document
Failureto RepOlt
Failure to Comply with Other
Applicable Requirements
Service Area 3:

$2,500
$2.500
$750
$1,000

,

$1,000

Operating' Standards, TranSpoltatloTI, Maintenance, Repairs and Replacements,
Inmate Work, Academic & Vocational Training, Sentence Computation Data,
Classification and Case Management, Commissary. PoliciesfProcedureslPost
Orders, Inmate Management
FundlBank .Accounts.
.
~

Vendor Breach
Failure to Provide Services
Failure to Document
Failure to Re.port
Failure to Comply with Other
Applicable ReQuirem.ents
Service Area 4:

$2,500
$2:500

$750.
$1,000
$1.000

Laundry and Inmate Clothing, Telec.ommun.icatiolls, SuppljeslPerishables,
Recreation
Vendor Breach
Failure to Provide Services

Page 45 of 50

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$1,500

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Failure to Document .
Failure. to Report
Fqilure to Comply with Other
Applicable Requirements

$500
$1,000
$1,000

Assessment of Liquidated Damages shall not constitute a waiver of tl).e BUREAU'S right to terminate the
Contract for cause and seek any other damage.s or remedies allowed by law.

ARTICLE ELEVEN
CONTRACT MONITOR

Article 11.1 Contract Monitor. The Contract Monitor or the BUREAU designee will be the official
Uaison between the BUREAU and the CONTRACTOR. AI! official communications shall take place
through the Contract Monitor and the CONTRACTOR, unless "the BUREAU directs otherwise. All other
communication between the BUREAU'S employees and the CONTRACTOR shall be managed according to
policies adopted by both parties. .
.
Article 11.2 The Contract Monitor's Use of Facility Space. The CONTRACTOR shall'make work
. space available at the Facility to the Contract Monitor. Contract Monitor work space must be approved
by the BUREAU'S Chief.
.

Article 11.3 Self-MonitOring. The CONTRACTOR shall continually conduct self-monitoring, utilizing a
comprehensive self-monitoring plan providing. for both Facility-level self monitoring and corporate-level
Self-Monitoring. The CONTRACTOR shaH designate an employee as the sraff member responsible. for
continuous se-l.f-m.onitoring of the Facility. The CONTRACTOR shall provide access to all self-.
man itoring to the Contract Monitor.

ARTICLE TWELVE
MISCELLANEOUS PROVlSIONS
Article 12.1 Non-Discrimination. The CONTRACTOR shall, in the pelformance of this Contract, strive·
to achieve the. goals for minority participation set forth in this section. As used in this Contract, the
terms "Certified ,Minority Business Enterprises" and "MBE(s)" mean only'those minority business
enterprises as defined in Section 288.703(2), Florida Statutes, which possess' a current certification
issued by the Office of Supplier Diversity of the Department of Management Services. The
CONTRACTOR will be required to 'provide the· Contrac.t Monitor with a semi-annual re.port
concerning minority participation.
Article 12.2 Operational Plan Requirements. As a condition precedent to c.ommencement of
services hereunder and, prior to the Services Commencement Date, the CONTRACTOR shall provide
the BUREAU, for the BUREAU'S written approval, an OperationaJ Plan that covers the full range of
Facility operations, ilJ-cluding, but not limited to, the following:
A policy" and operations manual which shall cover:
•
•
•
•

All aspects of Facility operations.
Procedures that will be utilized to facilitate monitoring of the Facility by the operator's
Autborized Representative or the Authorized Representative's designees on an annual basis.
.
Continuous self-monitoring by Facility staff.
Procedures for assumption of operations by the BUREAU in the. event of the

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CONTRACTOR'S bankruptcy or inability to perfonn its duties hereunder.
An emergency procedures/security man ual for confidentiRI LIse by staff superv isors
employed by operator.
Post orders for all Facility security staff positions.
Job descriptions for each position, inclusive of salary range, e,ducation and ex.perience.
requirements, descriptions of job duties, ftlll-time or part-time designation, etc.

The CONTRACTOR shall notify the BUREAU in writing of desired change,s In, or additions to, the
Operational Pl.an with regard to the CONTRACTOR'S policies and procedures, emergency
procedLlre,s/security manual, 'post orders,' and job descriptions. No such changes shall be
implemented prior to the CONTRACTOR'S receipt of written approval from the BUREAU'S Chief. A
material breach of the operational plan shall be regarded as a breach Of this Contract.
Article 12.3 Books and ,Records. The CONTRACTOR shall keep, at the .Facility, proper and
complete. books, records, and accounts with respe,ct to the, Facility and all subcontractors thereof; and
permit the Contract Monitor and the BUREAU or its designees to inspect the same at all reasonable
times and make and take away copies thereof.
Article 12.4 Maintenance of' Corporate Existence and Business. The CONTRACTOR shall at all
times maintain its corporate existence and authority to transact business and good standing in its
jurisdiction of incorporation and the State of Florida. The CONTRACTOR shall maintain all
license,s, permits, and franchises necessary for its businesses where the failure to so maintain
might have a material adverse effect on the CONTRACTOR'S ability to perform its obligations
under this Contract.
'
Article 12.5 SEC Reports. The CONTRACTOR shall, on a timely basis. provide the. BUREAU,
\:',1[th copies of all annual reports on .Form IO-K, quarterly reports on Form lO-Q, and reports on
Form S·t< required to be filed by the CONTRACTOR with the Securities and Exchange Commission.
Prior to the execution of this Contract, the CONTRACTOR shall provide the BUREAU with theit most
recent Fonn lO~K and any Form lO-Q's or Form 8-K's filed.
'
Article 12.6 Transition. Upon the termination of this Contract, the CONTRACTOR agrees to work
with the BUREAU andlor the DEPARTMENT uflder the BUREAU andlor the DEPARTMENT
management supervision, in accordance with Article 10.9 of this Contract, for a period of ninety (90)
days to ensure an orderly and efficient transition from the CONTRACTOR'S management to the.
BUREAU andlor the DEPARTMENT management (or management by a ~hird patty) of the Facility.
During this transaction period, the CONTRACTOR will transfer all necessary records, files and
documents for the operation of the Facility, including but not limited to inmate records, maintenance
records, and personnel files.
'
Article 12.7 Taxes, Liens. and Assessments. The CONTRACTOR shaH: (0 pay. or make provision
for payment of, all lawful taxes and assessments levied or assessed by the federal, state or any local
government on the Facility or any machinery. equipment or other property installed or located on the
Facility by the CONTRACTOR therein or thereon, or upon the Financing Corporation with respect to
the Facility or any part thereof, including any taxes levied upon or with respect to the income or
revenues of the Financing Corporation from the Facility, or upon any payments pursuant to the
LeaselPurchase Agreement; (ii) not create or suffer to be created any lien or charge upon the Facility or
any part thereof; (iii) payor cause to be discharged or make ade.quate provision to satisfy and
discharge, within sixty (60) days after the same shall come into force, any lien or charge upon
the Facility or any part thereof and all lawful claims or demand for labor, materials. supplies or
other charges which, if unpaid, might be' or become a lien upon the Facility or any part thereof.

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except permitted encumbl'llllces, as defined in the LeaselPurchase Agreement with respect to the
Facil.ity entered into by and between the BUREAU and the Financing Corporation; and (iv) pay all
utility charges, including "service charges", incuiTed. or imposed with respect to the Facility.
The parties hereto acknowledge that the housing of state prisoners is a governmental function,
albeit a function that can be contracted for with a private business. In addition, the parties hereto
acknowledge that the use of a lease purchase agreement utilizing tax.-exempt financing for the
cOl1stniction of the Graceville Correctional Facility does not alter the nature of the. use of the
Facility. To that end, in the event that a local jurisdiction attempts to assess ad valorem taxes on
the Facility, the CONTRACTOR agrees to provide any necessary a.ssistance. support, and
e.xpenditure of legal l~esources (including attorneys fees and costs) in order· to fully participate
in and support any efforts by the State to defe;nd the sovereign immunity from such taxation'
enjoyed by the Facility as State property. pursuant to First Union National Bank of Florida v. Ford,
636 So.2d 523 (Fla. 5th DCA 1993).

.

.

In the event that either a judicial determination or a State legislative mandate explicitly subjects
th.e Facility to ad valorem taxation or requires payment in lieu of taxes (PILOT), the amollnt of any
such annual ad valorem tax or PILOT payment sh.all be deducted on a pro-rated monthly basis from
CONTRACTOR's monthly compensation.
Article 12.8 Copies of Documents'. Prior- to the execution of this Contract and on an on-going basis,
the CONTRACTOR shall timely provide to the BUREAU copies of the following documents:
@

•

All original and re.newed insurance certificates clearly indicating compliance with Article
8.3.
Tax receipts or other appropriate documentation indicating the CONTRACTOR'S payments to the
taxing authorities to indicate compliance with Article 12.7.

Article 12.9 Reimbursable Expenses. In the event that the CONTRACTOR fails to comply with
Articles l2.3 and 12.8, the CONTRACTOR shall pay actual expenses for the BUREAU to employ an
agent or for a BUREAU employee to visit the offices of the CONTRACTOR or the
CONTRACTOR'S parent corporation to make and take away copies of the documents necessary to
comply with Articles 12.3 and 12.8.
'.
Article 12.10 Invalidity and Severability. In the event that any provision of this Contract shall be'
held to be invalid, such provision shalt be null and void. The validity of the remaining provisions of
the Contract shall not in any. way be affected thereby.
Article 12.11 Counterparts. This Contract maybe executed in multiple counterparts, each of which
shan be deemed to be an original and all of which shall constitute one contract, notwithstanding
that all parties are not signatories to the original or the same counterpart, OJ that signature pages from
different counterparts are combined, and the signature of any party to any counte.rpart shall be deemed
to be a signature. too and may be appended to any other counterpmt.
Article 12.12 Interpretation. The headings contained in this Contract are for re·ference purposes
only and shall not affect the meaning or interpretation of this Con.tract.
.
Article 12.13 Terminologv and Definitions. All personal pronouns Lised in this Contract, whether.
used in the masculine, feminine, or gender-neutral. shall include all other gende.rs; the singular shall
include the plural; and the plural shall include the singular.

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Article. 12.14 Venue. The Contract shall be interpreted under the laws of the State of Florida and
Leon County Circuit Court shall·be the venue ill the event any action is filed on the Contract.
Article 12.15 Amendments. This Contract shall not be altered, changed, or amended except by
instrument in writing executed by the parties hereto.

Article 1.2.16 Third Party Rights. The provisions of this Contract are for the sole benefit of the
parties hereto and shall not be construed as conferring any rights on any other person,
Article 12.17 Binding Nature. This Contract shall' not be binding upon the. parties until it is
approved and executed by both parties.
Article 12.18 Interpretation. This Contract shall not be interpreted or construed against the drafting.
party.
Article 12.19 Prohibition Against Assignment. The BUREAU has entered into this Contract with
the CONTRACTOR based on, among other considerations, its assessment of the qualifications ~nd
experience of the. CONTRACTOR, the man.agement talent of key employees of the
CONTRACTOR, and the organizational structure the CONTRACTOR has caused to be created.
Consequently, there shall be no assignment or transfer of the interest of the CONTRACTOR, whether in
whole or in part, absent the prior written consent. of the BUREAU. Further, the. CONTRACTOR shall
notify the BUREAU in writing as soon as is practicaL fol.Jowing (a) a merger with or an acquisition
by any corporation, partnership, person, or other entity; (b) the acquisition by or purchase of more
than ten percent ([0%) of the outstanding shares of the CONTRACTOR by any corporation,
pal:tnership, person, or other emity; and (c) a change in the senior management of the
'CONTRACTOR, senlor manage.ment including its President, Chief Executive Officer. and the
membership of Jts Board of Directors. If in the reasonable juo.g;ment of the BUREAU any such
event is determined to be likely to have a material and adverse effect on the ability of the
CONTRACTOR to fully comply with all of the terms and conditions of this agreement, the
BUREAU reserves the right- to terminate the Contract without liability or penalty
to the BUREAU.
.
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Article 12.20 Relationship to Design/Build Contract. A breach of any material provision of the
Design/Build Contract between the parties may be conside.red by the BUREAU as a breach of this
Contract, and may be determined by the BUREAU as grounds for telmination. The provisions of
Article 10.5 shall apply in the event of such a breach.
Article 12.21 Access to Records. The BUREAU may unilaterally cancel this Contract for refusal by.the
CONTRACTOR to allow public access to all documents, papers, letters, or other material originated or
received by the CONTRACTOR in.conjunction with the Contract, subject to the provisions of Chapter 1.19,
Florida Statutes..
Article 12.22 Notices. All notices shall be sent certified mail; return receipt requested to:
BUREAU:

Terry Rocco. Chief
Bureau of Private Prison Monitoring
Florida Department of Management Services
4050 Esplanade Way
Tallahassee, Florida 32399-0950

CONTRACTOR:

John Bulfin, General Counsel
The GEO .Group, Inc.
Page 49 nf50

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One Park Place, Suite 700
621 Northwest 53"1 Street
Boca Raton, Florida 33487

IN WITNESS WHEREOF, in order to be. legally bound, the parties have caLlsed their authorized
representatIve. to execute this Contract as of the date set forth above and below.

STATE OF FLORIDA,
DEPARTMENT OF MANAGEMENT SERVICES,

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D~TE:~~Jg _ _
A~oved as to form and legality:

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THE GEO GROUP, INC.
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Its: #.Affl!!£'!:L.

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(Corporate Seal)

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Page 50 of 50

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1Dxhibit 1

;Education Programs in compliance with the Standards shall be as follows:
a,' "Participating'" shall mean "the inmate is actively attending specified program"

D. Behavior Program: minimum of225 (15%) part-time participating per day
c. Academic Program: minimum of '375 (25%) part-time participating per day
d. Vocational Program: minimum onoo (20%) part-time participating per day
e. Sub~tance Abuse: minimum ~f225 (15%) participating per day
At all times during the course ofthe contract, CONTRACTOR agrees to maintain inmate
participation in behaviora~ academic, vocational, and substance abuse programs at the
Facility at the participation percentage level identified in section 3 above,
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For example, assume a correctional Facility currently has a maximum occupanoy of
1,000 inmates and 'currently 200 inmates per day, MOJ;lday through Friday, baring
recognized holidays, are enrolled in and participate in programs offered by the
CONTRACTOR. The Facility undergoes an expansion that results in the Facility having
a maximum occupancy of 1,200 inmates. Under this contract provision, the
CON'I'RACTOR would now have to maintain inmate enrollment. and participation in
such programs at 240 inmates per daYI Monday through FridaYI baring recognized
~~

,

If inmates in the Facility cannot participate'in the programs identified in this section
because they are not eligible, do not participate in such programs beoause they refuse to
participate, Dr do not complete the programs for whioh they are enrolled and have
participated in, the CONTRACTOR shall provide this information to the Con.tract
Monitor for inclusion in the Security and Institutional Operations Report ("Report")
submitted monthly' by the Contract Monito;r to the BUREAU of Private Prison
, Monitoring (BUREAU). With regard to iilmate enrollment, participation, and completion
in the programs at i~sue and the need to accurately account for inmate participation and
completion in these programs, the Report will account for inmate program participation
and completion and shall at a miiJimum provide· information that inoludes the inmate's
name, the inmate's DEPARTMENT Number, and a,description ofthe ineligibility of the
inmate to participate in 'or the inability to complete'the program(s) or the facts
surrounding the inmate's refusal to participate. Further, it is understood that inmates who
are enrolled in and are actively atteni:1ing a program may have occasional absences due to
legitimate reasons including, but ~ot limited to, health reasons, court appearances,
recogi:rized holidays, etc. Such absences shall be noted in the Rep?rt.

The information provided by the CONTRACTOR to the Contract Mc:mitor regarding ,
inmate participation in and co~pletion of these programs. shall be provided in sufficient
detail to enable the BUREAU to appropriately audit an~ monitor the CONTRACTOR'S
. cDmplianc~ .v.:i~h .this pro~sio~. .
'.. .
, Inmate eliiibility to participate in such programs shall ultimately be determined by
r criteria established by the DEPARTMENT.
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The G/ftO GrouPJ Inc
Florida Dept of Management Services
1500 Bed~ - Graceville, Florida
C~JI fumiture

is nOf included In this pri.a1ng. Dayroom furniture and Medica/Beds 'are inoluded.

computer Systems (See attached Sht:!et)

1 .

Facility Administrator
1
1
3
1
1

1
1
1
1
1
1

Bookcase, Wood, 5 Shelf
Chair, Executive, Cloth, Highback
Chair, Side w/arms, Cloth. 8ledbase
Computer, Laptop
Credenza, kneehole, Wood
Desk, Exeoutive, Wood
File Cabinet,'/etlerslze, S·drawer, with lock
Gas Mask
Rechargable Flashlight

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.1

TI//DVD/VGR
TV Stand

Contract Monitor
1
1
2
1

1
i
1
1

1

Bookcase, Wood, 5 Shelf
Chair, Executive, Cloth, Highback
Chair, Side w/arms, Cloth, Sledbass'
Computer, Laptop
Creden:B, kneehole, Wood
Desk, Double Pedestal, Wood
File Cabinet, Jetter size, 5·drawer, with lock
Gas Mask
Rechargable Flashlight

I

2

1
1
1

1

.
.
The GEO Group, Inc. l'eser,les the right to make equivalent substitutions, .:add Or' deh.te items, in order to meet all

'.

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I!

Bookr::ase, Wood,S Shelf
Chair, Jr. Executive, Cloth, Highback
Chair, Side w/arms, Cloth. Sledbase
Computer, Monitor, Keyboard
Computer I Printer Work Station
Desk, Double Pedestal, Wood
File- Cabinet, letter size, 5-drawer, wiih lock

proj~¢t r.equlremer.ts.

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Executive Secretary
1
1

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-------_...-._----_.-------_.- ..... _...-.,.. ----,._----Human Resources Manager

1
1
2
1
1
1
1

Bookcase, Wood,S ShelF
Chair, Jr. Executive, Cloth, Highback
Chair, Side w/arms, Cloth, Sledbase
Computer, Monitor, Keyboard
Computer / Printer Work Station
Desk, Double Pedestal, Wood
File CabInet, letter size, 5·drawer, with lock

ACA/QCP Manager
1
1
2
1
1
1
1

Bookcase, Wood, 5 ShelF
Chair, Jr.-Executive, Cloth, Highback
Chair, Side wlarms, Cloth, Sledbase
Computer, Monitor, Keyboard
Computer I Printer Work Station .
Desk, Double Pedestal, Wood
File Cabinet, letti;lr size, 5·drawer, wIth Jock

Human Resources Clerk
1

Bookcase, Wood, 5 Shelf

1

Chair, Jr. Executive, Cloth, Highback

.2
1
1
1
1

Ohair, Side w/arms, Cloth, SJedbase
Oomputer, Monitor, Keyboard
Computer / Printer Work Station
Desk, Double Pedestal, Wood
File Cabl~et, ·Jetter size, 5·drawer, with lock .

Training Director'
1
1
1.

1
. 1
1
2
1

Bookcase, Wood, 5 Shelf
Chair, Seoretarial, cloth
Chair, Side wfarms, Cloth, Sledbase
Computer, Monitor, Keyboard
Credenza, kneehole, Wood
Desk. Secretarial, Wood
File Cabinet, lettersiz6, 5-drawer, wllh lock
Printer, Laser

Business Manager
1

1
2
1
1
1
2
1
1

1

Bookcase, Wood, 5Shelf
Chair, Jr. Executive, Cloth,.Highback
Chair, Side w/arms, Cloth, Sledbase
Computer, Laptop
Computer / Printer .Work Station .
. Desk, Double Pedestal, Wood
file CabJnet, letter size, 5·drawer, with lock
.Safe, Combination
.
Rechargable Flashlight
Printer, Laser

M.I.S. Manager
l'

Chair. Jr. Executive, Clothi Hfghback

2

Chair, Side "'Jlarms, Cloth, Sledbase

Tne'OED GrouPI Inc. resal-ves the right to make equivalent subst.itu'tions, add or delete Items, in ·Drder to meet all
project requirements.
.2
.

1

1

1
1

Computer, Monltof, Keyboard
Computer / Prlncer Work Slatlon
Desl<. DOL!ble Pedestal, Wood
Fife Cabinet, lelter.size, a-drawer, with locl<

Offices (AdmiJ1)

6

q
(3

6

6
6
6
6

6
6
6

6

a
6
4

4
4
4
4

4

Chair, Jr. Executive. Cloth, Highback
Chair. Side w/arms, Cloth, Siadbase
Computerl Monitor. Keyboard
Computer I Printer Work Station
Desk, Double Pedestal, Wood
File Cabinet, lettsr size, S·dr.awer, with Jook

Offices (Teachers Area)
Chair, Jr. Executive, Cloth. Highback
Chair, Side w/anns, Cloth, Sledbase
Computer. Monitor, Keyboard
Computer / Printer Work station
Desk, Double Pedestal, Wood
File Cabinet, letter size. 5-drawer, with lock

Open Area/Offices
Chair, Jr. Executive. Cloth, Hlghback
Computer, Monitor, Keyboard
Computer / Printer Work Station
Desk, DoUble Pedestal, Wood
File Cabinet, Jetter size, 5-drawer, with lock

AccountantiBoo kkeeper
1
2
1
1
1
1

Chair, Jr. Executive, Qlath. Highback
ChaIr, Side w/arms, Cloth, Sledbase
Computer, Monitor, Keyboarq
.Computer I PrinterWork Station
Desk, DOl,lble Pedestal, Wood
File Cabinet, letter size, 5-drawer, wIth lock

,
.
Tha GEO Group) 1m:. re~erlJes the right to make .equivalenfsubsfirutions, add or delete items, in order to meet all
project requirements.
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Inmate Accounts Clerk
2
'2

2
2

.2
8

Chair, Jr, Execulive, Cloth, Highback
Chair, Side wlarms, Cloth, Sladbase
Computer, Monilor, Keyboard
Computer I Printer Work Station
Desk, Double Pedestal, Wood
File Cabinet, letter size, 5·drawer, with Jook

-Inmate Property Clerk
1
/1
1
1
2

Chair, Secretarial, cloth,
Chair, Side w/arms, Clolh, Sledbase
Computer, Monitor, Keyboard
Desk, Secretarial, Wood
File Cabinet, letter size, 5·drawer, With lock

Switchbo?\rd Receptionist
1

1
1

Ohair, Jr. Executive, Cloth, Highbac:k
Computer, MonItor, Keyboard
File CabInet, lafter size, 5-drawer, with lock

Commissary Manager
1
1
1
1
1

1

Chair, Jr.. Executive, Cloth, Highback
Chair, Side w/anns, Cloth, Sledbase
Computer, Monitor, Keyboard
Computer J Prinler Work Station'
Desk, Double Pedestal, Wood
Fila Cabinet, letler SiZ8,,5-drawer, with lock

Mall Room'
3

1
1

;2 ,
1

Chair, Secretarial, cloth
Computer, Monitor, Keyboard
Desk, DoUble Pedestal, Wood
.
File Cabinet, letter size, 5·drawer, with lock
Scale, Postal

, Warehouse/Supply Superv,isor
4
1

Chair: Lobby
Table, End, WOO?

Laundry EqUipment
6
18

Table, Folding
Laundry Cart

.
The GEO Group, Inc. reserves the right to make equivalent subst.itutions. :add or· delete items, in ol'cler to meet sll
.project requirements.
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Librarian
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2
1
1
1
1
1

Bookcase, Wood, 5 Shelf
Chair, Side w/arms, Cloth, Sledbase
Chair, Jr. Executive, Cloth, Highback
Computer, Monitor, Keyboard .
Computer / Printer Work stalion
Desk, Double Pedestal, Wood
File Cabinet/letter size, 5·drawer, with lock

Records I Photocopy Room
1

1
1

1
i
1
. 10
1
1

Fax Machine-Plain Paper
Fax Machine Stand, with storage area
Schredder
,
Chair, Secretarial, cloth
Computer, Monitor, Keyboard
Desk, Double Pedestal, Wood
File CabInet, letter sIze, 5·drawer, with Jock (fireprooe
storage Cabinet steel, 5 shelf, 2 doors, w/lock
Printer, Color Laser
l

Conference, Room
12
1
1
1
1
1
1

Chair, Conference Room
Table, Conference, Wood
Marking Board 4' X 8'
TV Stand, Sisel, on Casters, w/VCR Shelf, w/locking cabinet
TV-approx. 27 inch, Calor, with remole conlrol
VCRJDVD

Video Conference Equipment

Visitors Locker / Lobby I Waiting Area
\

24
1
1

Z
2
1

Ultra Max Chairs, ganged
Metal Detector-Walkthrough
X-Ray Machine

Table, End, Wood
Melal Detector-Handheld
ION Scan

Visitation ,Shakedown Room '
4

Norix Chair with arms

Administrative Break Room
1
1
4
1

Norix Table Heavy dutYI with 4 steel legs.
Microwave - Employees
Norix Chair with arms
.
Refrigerator· Slaff~Commlssary

Staff 'Dining
12
2
48

Norix Table Heavy Duty, with 4 steel legs
Microwave - Employees
Norix Chair with anns

The GSO Group, Inc: reserves the iightto make equivalent substitutions, ~dd oll"deJete items, in order-to meet elf

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Refrigerator· Staff/Commissary

I

Maintenance Manager
1
,2

1
1
1
1

ellalr, Jr, Executive, Cloth, Hlghback
Chair, Side w/arms, CJoth, Sledbase
Oomputer, Monitor, Keyboard
De$k, Double Pedestal, Wood
File Cabinet, letter size, 5~drawer, with Jock
Combo Printer/Copier

Maintenahc:e Equipment

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Maintenanoe Equipment

Grounqs Maintenance Equipment
.:2
2
.2
3"

i

Grass Edger .
Lawn Mower, Commercial
Wheelbarrow
Weedeater, Commeroial
Commercial Gas Blower

Cle~~ing
18
4
1,6
2

2
4

Floor Polfshing Maohine-High Sp
Floor Polishing Machine-Low Sp
Janitor Cart .
Vacuum, Commercial Carpet
Vacuum, WetJDry, Typhoon
Floor Blowers

Health
1
1

2
1
1
1
2

E'quipment

·1

Care Administrator

B~okcase, Wood, 5 Shelf
Chair, Jr. E~eculfve, Cloth, Highback
Chair, Side w/arms, Cloth, Sledbase
. Computer, Monitor, Keyboard
Computer I Printer Work Station
Desk, Double·Pedestal, Wood .
File Cabinet, letter size, 5-dr.awer, wIth look

The GsO Group, Inc. resel'Ves the right to liIake equivalentsupstitutionsj add or delete Itams, in ordH,r to
~ro)ect I"equirementa.
6

meet all

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Medical Records Clerk

2

Bookcase, Wood., 5 Shelf

2
2
2'
2
2
2
1

Chair, Jr. Executive, Cloth. Highbaok
Chair, Side w/sl7l1s, Cloth, Sledbase .
Computer, Monitor. Keyboard
Computer I Printer Work Station
Desk, Double Pedestal, Wood
File CabInet, letter size, 5-drawer, with lock
Video Conferenoe I:quipment

Dental Room
1
1

Chair, SecretarIal, oloth
Desk. Single Pedestal, Wood
.3
Dentallnstrurnents .
3
Dental AirTech ?erio PrQcessor
1
'Dental Gendex 77 Wall MountX·Ray f daylight loader
1
Dental Son;x Ultrasonic; Cleaner
1
Dental M-9 Sterilizer
1 .' Dantal Chair Package

,.

Nurses Work Station
1

4
2'
6
1

Bookcase, Wood. 5 Shelf
Chair, Jr. Executive, Cloth, Highbaak
Computer, Monitor, Keyboard
File Cabinet, lateral, letter size, 4-drawer. with lock
Marking Board 4' X 8\

Inmate Waiting Area
.1
1

1

I

Medical Isolation Beds

4

4
4

.I

TV Stand, Steel, on Casters, wfV9R ShelT, wI locking oabinet
TV-approx, 27 inch. Color, with remote control
VCRJDVD

Bed, Single Metal
Mattress and pillow, Fire retardant

2

I'

8
8
8

Bed, Hospital, manual (8D8585520)
Bed. Hospit~I, Mattress (8D1500-180)
Bed. Hospital, Rail, fUII~length (TM-6570)
.Bed, Overbed, Tables (lV6417)

I)

Medical Ward (4 Sed)

The GEO GroutJ, Inc_ reserves the I-ight 10 mal<e equivafant substitutions, a<.ld ()r.d~l$te items, in .order to meet all

.project i'equj~eman1s.·

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Medical Examil1ation Room
Bulletin Board 3' x 5'
Cart, Utility (IDEAL MC3H)
Chair, Jr, ExecutIve, Cloth, Highback'
Desk, Single Pedestal, Metal (45" x 24")
Examination Lamp (GF55-1697-1)
Examlnatlon Stool (CLJ21 01)
Examination Table (eL.ISSQ)
Hamper 26" lid and casters (MD,15,03)
. Ophthalmosoope Head 0/fJA-11710)
otoscope Head (WA-25050)
Sphygamamome'ter, Wall·Mount and basket (MAS-9508)
Thermometer, wi Oral Probe (SH3D9800)
Transformer, Wall (lNA-767,10)
Trash Can, step·on 24 qL (LAG-13200)

Em ergency Treatment Room
1
2
1
1
1
,1
1
1

AutomatIc External Dlfrbulator, .
Supreme Siood Gluoose MonItor (CHR-8B200)
Baokboard yellow (MTR LP712DOO)
Head Immobillz:er (FW445)
Norlx Chair willi arms
Fetal Monitor I Secpe for heart rate
Emergenoy Eyewash Sta~on with bottle and sol. (SI·24-0830)
ER Equipment Jump Bag
1.
Examination Lamp (GF55-1697-1)
1
Examination 8tool (CLl2101}
1
Examination Table (CLIS90)
1
Hamper 25" Ud and casters' (MO.15-0S)
1
Ophthalmoscope Head (WA.11710)
1
Ot~scope'Head (WA-25050)
2
Oxygen E Cylinder Aluminum (WM·PX870:33T)
2
Oxygen Chrome Cart (WM-PX1020)
2
Oxygen Regulator 3-way (WEST XA-2641)
l'
Portable Suction UnIt (MW1:01)
3
Pulse OlCimeter
,2
Nebulizer PulmoAide (DV5650D)
3
Sphygamamometer, Adult Large Nylon (MAS-D,H 40-016)
1
Sphygamamometer, Wall-Mount and baSKat (MAS-9508)
l' Storage CabInet 36x36x18 closed 5 shelf
1
Storage Cablnet72x36x16 closed 5 shelf
2
stretcher (GEN 1100) ,
2
Stretcher Shelf{GEN141) ,
2
Stretcher Oxygen Cylinder Holder (GEN 145)
2
Streicher Mattress 2" with split (GEN 21"2)
2
Stretcher Head Elevation Attachment (GEN 124)
2. ' T~ermometer. wI Oral Probe (SH3D9800)
1
Transformer, Wall (WA~7671 0)
1
Trash Can, Step-on 24 qt. (LAG-13200)
,4
WheeJch~lr w/Elev L.eg Rest (TUB60E)
Pharma~y Room

?
, l'
2.

qart, M,edication (HM391,5)
RBfrigerator
'
Trash Can, Step-on 24'qt. (LAG-13200)'

The GEO Group, Inc:: re-ser'les tlie right to m~ke equivale1l1t sijbstii;ufions, add or asle!€! it,sms" in order to meet all

projeot requirements.

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

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_-----_..-_. ----.--X~Ray

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Room

X-Ray'oynarad Portable System (Hr~1 iDA)
X-Ray Konlca Film Processor (SRX-1 D1)
X-Ray Wall Cassette'Holder
X-Ray MXF Grid 14x17, 103LPI, 8:1, 40x72
X-Ray Economy VertifiJe
X·Ray Automatic I.D. Printer
, X-Ray Frugal Lume Single Bank lIuminator
X.Ray Infab, Economy Apron
X-Ray Infab, 1511 Gloves, Pair
X-Ray Gonad Shields/Set of:3
X-Ray. Glove I Apron Rack
X-Ray' Kodak Safeflght Model B w/ filler and bulb
X-Ray Cassette 14x17
X-Ray Cassette 10x12
X-Ray Cassette 8x10
X-Ray Film Loading Bin (5 compartment)
X-Ray Mobile 8~reen 24x72

Medical Clean' SoUad , Storage Rooms
2
2

Storage Cabinet 72x3sx1 8 closed 5 sh~lf
Hamper 26" ·lid and cilsters (MD-15-03)

Medical Laboratory
1
2
1
1

Refrlgera~or

Trash Can, Step-on 24 qt. (LAG-13200J
Storage Cabinel72x36x18 closed 5 shelf
Blood Draw Chair

.\

. AFAPrograms
1
2'
1

1
1
1
1

1
1

Bookcase, Wood, 5 Shelf
Chair, Side w/arms,. Cloth, Sledbase
Chair, Jr, Executive, Cloth, Highback
Computer, Monitor, Keyboard
Computer / Printer Work Station
Combo Printer/Copier
Desk, Double Pedestal, Wood
File Cabinet, letter size, 5-drawer, 'wlth lock
Printer, Laser (for all case managers) .

Class.ification Supervisor
1
1

1
1
1

1
.1
1

12

Bookcase, Wood, 5Shelf
Chair, Side w/arms, Cloth, Sledbase
Chair, Jr, Executive, Cloth, Highback
Computer, Monitor, Keyboard
Computer I Printer Work Station
Combo Printer/Copier
Desk, Doubie Pedestal, Wood
File Cabinet, letter size, 5·drawer, with lock

~cademic Classrooms (incl housing units)

The GEO Group, loc. res~ryes the rIght to make equivalent substitutions, add or delet<l items, in order to meet ~I!
project requirements,
9

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BOCl)(C1lS8, Wood, 5 Shelf
BllJ(etln Board 4' x 6'
Chair, Jr. Executive, Cloth, Highback
Desk, Secretarial, Wood
Norlx Chalrw/th arms
Tab/,s, Trapezoidal
Fi/e Cabinet, letter sl~e, 5~drawer, with lock
Tabls, Folding
Marking Board 4''X ~'
Storage Cabinet, steel, 5 shelf, 2 doors, wi/ook

12
12
12
12
216

144
12
12
12

12

'/

' 2

Vocational Classrooms
Bookcase, Wqod, 5 Shelf
Bulletin Board 4',x $'
Chair, Jr. ExecuUve, Cloth, Highback.
Desk, Secretarial, Wood
Table, Wood, Heavy DiJty
File Cabinet, letter size, 5-drawer, with lock
Table; Folding,
'Nor!>: Chair wllh arms
MarkIng Board 4' X 8'
Storage Cabinet, steel, 5 shelf, 2 doors, wl/oek
Steel Shelving
Equipment and Supplies

2
2
:2
2

10
2
:2
40
2
8

, 16
2

Desktop PUblsihing Classroom

·1
1

1
1

16
16
1
16
1

1
1
1

1

1

...

Bookcase, Wood, 5 Shelf
Bulletin Board 4' X6'
Chair, Jr. Executive, Cloth, Highback
Chair, Secretarial, cloth
Computer I Printer Work Station
Printer, Laser
Comput~r, Monitor, Keyboard
Desk, Secretarial. Wood
File Cabinet, latter size. 5-drawar, with lock
Table, Folding
Marking Board 4' X8'
Storage Cabinet, steel, 5 shelf, 2 doors, w/Jock

I

Micro Computer Appflcations Classroom

1
Bookcase, Wood, 5 Shelf
1
Bulletin Board 4' X6'
1
t;;hair, Jr. E~ecutlve, Cloth, Highback
16 ,.Chair, Secretarial, cloth
16
Computer / Printer Work Station
1
Printer, Laser
'
1
Printer, Dot Malrix:
16
Computer, Monitor, Keyboard
1
Desk, Secretarial, Wood
1
File Cabinet, letter size, 6·drawer, with lock
1
Table, Folding
1
Marking Board 4'X 8'
1
storage Cabinet, steel, 5 shelf, 2 doors, w/Joqk

The GEO Group, inc. reserves the right 10 make p.qujva~ant substiiuti¢01S, add or delete items, in ,;)1'I:Ier to meet all
p~oje,:t requirements.
'{ 0

CUlinal'Y Arts Classroom

'.

1
1
.1
20

1
1
1
1
,8
1

Bookcase, Wood, 5 Shelf
Bulletin Board 4' x 6'
Chair, Jr. Executive, Cloth. Highbaok
Norix Chair without arms'
Desk, Secretarial, Wood
File Cabinet, letter size, 5·drawar, with lock
Marking Board 4' X 8'
810rage Cabinet. steel, 5 shelf,2 doors, wllock
Table, Wood, Heavy Duty
EquIpment and Supplies

Horticulture Classroom
1
1
1
20
1

1
1
1

8
1

Bookcase, Wood, 5 Shelf
Bulletin Board 4' x 6'
Ch~lr, Jr. Exeoutive, Cloth, Highback
Nodx Chair without arms
Desk, Secretarial, Wood
File Cabinet, leiter size, 5·drawer, with lock
Marking Board 4' X 8'
Storage Cabinet, steel, 5 shelf, 2 doors, wI/oak
Table, Wood, Heavy Duty
EqUipment and' Supplies

Chapell Chapel storage
1
Chapel Fumlture, EqUipment. Instruments, Books, Materials
250 . Chair, Folding
1
Lectem with P.A. System
1
1

'Plano

Stereo, Ca~sette, CD Player

I

I
I

,

'

The GEClGroup, Jnc. reserv~s the right to make aquivaJellt substitutions, add .or delete itel"ilS, in order to meet alf
proJec~ requirements.

11

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

·.._ _ _----:...-

"

~

--_._~-.,

-_._

~.---_._

-

_

.

Assistant Chaplain
1

Bookcase, Wood, 5 Shelf

1

ChaIr, Side wJarms, Cloth, Sledbase

1
1
1
1

Chair, Jr. Executive, Cloth, Highbeok
Desk, Double Pedestal, Wood
. File Cabinet, letter size, 5~drawer, with lock
Storage Cabinet, steel, shelf, 2 doors, w/lock'

I

5

Recreation .
2
2
50 .

2
2

Bioyole, Exercise· Protralner
MullistaHon Gym (Mogel 600C)
Mullistalion Gym Mats
Rowing Machine
Step Machine· Tristepper 800

'Recreation Storage Rooms
.2

Storage Cabinet, steel, 5 shelf, 2 doors, wlfook

Recreational Library
38
2
1
4

16
4000'
2

:2

Bookoase, Wood, 5 Shelf
Bullefln Board 3' x 5'
Desk, Double Pedestal, Wood
Nonx Table Heavy Duty, with 4 steel legs .
Norix Chairwith arms
Lfbrary Book
Library Oarl, 6 shelf, on casters
L.ibrary PapEHback Raok

Law LIbrary
16
1
1
4
4

Bookcase, Wood, Heavy Duty
Law Library (CD)
BUlletin Board 3' x 5'
Computer (Jaw services)
Camputer I Printer Work Station.

8
2
1
2
1

Norix ChaIr wilh arms
NorixTable Heavy DUty, wIth 4sleellegs
Library Cart, 6 shelf, on oasters
Typewriter, Eleotrio, self correcting
Printer, Laser

CGlmmissary Clerk
2
2
2

Chair, High Rolling w/arms
Computer, Monitor, Keyboard
File Cabinet, letter size, 5-drawer, with lock

Commissary
1
.2
2
1

Chair. Jr. Executive, Cloth, Highback
Chair, High Rolling w/arms
Computer, Monitor, Keyboard
Printer, Laser .

Toe GEO Group, Inc, I'e:serves ·the right to make equivalent substitutions, add or delGte lt9rniS, .i.n order to meet all
projl;¢t requirements.
12
.

I
I
I

_-_ .. -

.

.-.

_

.. .

..

'

---_.

__.-

.

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

.....

I
I

1
1
2
i
20
4
2
1

Desk, Double Pedestal, Wood
File -Cabinet, leltenifz6, $·drawer, with lock
Nonx Chair with arms
Refrigerato~ ~ Staff/CommissalY
Shelving
.
Storage Cabinet, steel, 5 shelf, 2 doors, w/locl<
Utility cart, 3 Shelf
Engraving Equipment

I

Commissa~ Storage Room

12

Shelving

Sarber and Hair Care Rooms

5
Bulletin Board 4' x 6'
Norlx Chair without arms'
Equipment

Housing Medical Examination ,Room
Bulletin Board 3' x 5'
.Cart, Utlffty (I DEAL MC311)
Chair, Jr. Execufiv~, Cloth, Highback.
Desk, Single Pedestal, Metal (45" x :2,4~')
Examination Lamp (GF,5S-1697·1)
Examination Stool (CL121 01)

Examination Table (ClIS90)
Hamper 26" lid and casters (MD-15-03)
Ophthalmoscope Head (WA-11710)
Otoscope Head (WA.25050)
Sphygamamometer, Wall·Mount and 'casket (MAS-950B)
Thermometer. IN/Oral Probe (SH3DS800)
Transfcnner, Wall (WA-76710)
Trash Can, Step-on 24 qt. (LAG-1 ~20D)

Housing Storage Rooms
Shelving
Dorm Housing J SHU Offices

.10
.J

10
10
10
10

Bookcase, Wood, SShelf
Chair, Side w/arms, Cloth, Sledbase
Desk, Double Pedest~I, Wood
File Cabinet, letter size, 5·drawer, with lock

Dormitory and SHl! Controf Centers

5

10
10
5

Chair, High Rolling w/arms
Computer, Monitor, Keyboard
File Cabinet, letter size, 5·draw6r, with lock

-'
10

Rechargable Flashlight

.
-rhe OEO GroLlp/Jlbe.· r-esarves the right to liltlke- equivafent substitutions) acid or -dellete it:=ms,

Pr'ojl:ct requirements.

13

in ord~r to meo,;t 0111

~--

.-

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

-

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _• _

...--------_.....--------_..
5
10

.I

_ _ • • ••

_ _M

•

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

Housing Beds
Mattress and pillow, Fire retardant

Dayrooms
TV-approx, 27 Inch , Oolor, w/th remote oontrol
TV Sheff, Wall Mounted
Waste Reoeptacle, Fire Retardant
Steel iable with attached seats

Segregation 'Beds

76
76

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

Video Camcorder
Scoti Air Pack w/wall cabinet

16
16
16
16
376

"M __•

"

[~
1500

.M_.

'Mattress and pillow, Fire retardant.

Intake and Release Area
1
1

1
3
2
1
4
4
2
6

1
1

i
. 1
1
1

Bookcase, Wood, 5 Shelf
Camera ~ Identlffcation System
Chair, Jr. Executive, Cloth, Highbaok
Chair, Secretarial, cloth
Computer, Monitor, Keyboard
Printer, .Laser
Desk. Double Pedestal, Wood
Fife Cabinet, letter size, 5·drawer, with lock
Electric Fingerprint EquipmentITable
Norix Chair with arms

TV Stand, Steel, on Casters, w/VCR Shelf, wi looking cabinet
lV-approx. 20 inch, Color. with remote control
VCR IDVD '
Rechargable Flashlight
B08S Chair, .
Fax Machine-Plain Paper

The GED Group, Jne. reserves the right fo make erql.li'l::llent sUbstitutions, add or ,;ieleta It.ems, in O'rder to lne<!!t aJ[
pl-oject '/¢quif"ements.
14

-

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

,

I

........--..__ ._ ...- ..

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

Inmate Uniform Storage I Repair AI'ea
2
1
40

"jable, Folding
Sewing Maohine • Industrial
Shelving

Intake Office

1
1
2
1

l'
1
1
.1

Bookoase, Wood, 5 Shelf
Chair, Bide w/arms, Groth, Sledbase
Chafr, Jr. Executive, Cloth, Highbaqk
Computer., Monitor, Keyboard
Computer I Prlnier Work Slation
.\
Desk, Double Pedestal, Wood
FIle Cabinet, letter size, 5~drawer, with look

AFA Security
1
1
2
1
1
1

Bookoase, Wood, 5 Shelf

Chair, Jr. Executive, Cloth. Highback
Chair, Side wfarms, Cloth, Sledbese
Computer, Monitor,

K~yboard

Computer/ Printer Work Sta1lon

Desk, Double Pedestal, Wood
~e~er size, 5·drawer, with look

~d4'X81.
1

.

Rechargable Flashlight

Chief of Security
1
1
2

1
1
1
1

Bookcase, Wood, 5 Shelf
Chair, Jr, Executive, Cloth, Highback
Chair, Side wJarms, Cloth, Sledbase
Computer, Monllor, Keyboard
Computer I Printer Work station
Desk, Double Pedestal. Wood
File Cabinet, fetter size, 5-drawer, with lock

.~"'!'XB'·
1

.

Rechargable Flashlight .

Administrative Captain
1
1
2
1
1
1
1

1
i

Bookcase, Wtl()d, 5Shelf
Chair, Jr. Executive, Cloth, Highback .
Chair, Side wfarms, Cloth. Sledbase
Computer, Monitor, Keyboard
Computer I Printer Work Station
Desk, DOUble Pedestal, Wood
File Cabinet, letter size, 5-drawer, with lock
Marking Board 4' X8'
Printer, .Laser

Staff Training Room
8

..... _._.-

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

Easel
Table, Folding

.
.
The BEO Group, Inc, reserves the right'to make. equivalent SUbstitutions, aod or dsJete ltams, in order to 11)e-.et all
project reql.iir",rn~nts.
15 .

... _

48
1

_.

_.-._",

-- _

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

- _ . - - - - - _ .__.._---_. ---- -_. _.------_.-._

__

._~.~

..

Norix Chair with arms
Marking Board 4/ X 8'
Overhead projector
Overhead Projector Table
Projector Screen, Wall
TV Stand, Steel, on Casters, wi VCR Shelf, wi locking cabinet
TV-approx, 27 Inch, COIOf, with remote control

1

o

'-'-"--'~

1
'1
1
1
1

VCR/DVD

1

ProJector, Power Point, with OPU and Keyboard

TraIning storage Room
4

ShelVing

Main Central Control Room '

Telephone Mohitoring Room
Chair, High Rollingw/arms

2

RadIo Communications System
-,_.

-.

-----

.....

'
•

.

....

.--

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

.

or

.
0

---'"

Locksmith

Armory
RESTRAINTS

The GEO Group, Jnc:. reserves the fight '1:0 ri13ka equivalent sUbstftutions, add or delete Items, in order to meet all
project requirements.
16

• • • • • _ •••• _

•••••••

•••

~

.~

•• _ _ 00

•

.....

•

MIse OPERATIQNAL

Binoculars (O-BND52)
Engraver Brass key tags (28X121)
Engraver,Tool (28X293)
Engraver Steel Charactors (2BX278T)
Flashlight Rechargable (D-FL077)
Gloves, disposable (BOX of 50) (D-GL102)

CERTTEAMS

Mise

portable Flood Lights (53X590T)
Smoke EvacuatIon Fan (93XD44T)

WEAPONS

Intake Stiip Search ArGa
The GED Gro~p. Inc. r$:serv~s tile right
project requirements.

to m:ske ~quiva!ent substitutions, add or delate items, in order toO meet all
17

II

Attorney Visitation Rooms

2
6
2

Norlx Chair with arms
Wooden Table

Court f Hearing Room
10

2
2
1

·2

Norlx Chair with at111s
Wooden Table
Chair, Conference Room
Chair, Executive, Cloth, Highback
US I state Flag with Poles

Inside Contac.t Visitation Area
100

25

Norix: Chair with arms
Table

Outside Contact Visita.tlon Area
8

Picnic; Table wI attaohed benches

Food Service Manager
2
1
1

1',
2
1

Chair, Jr, Executive, Cloth, Highback
Computer, Monilor, Keyboard
Desk, Double Pedestal, Wood
Fax Machinl?rPlaln Paper
FHe Cabinet, 2·drawer
Marking Soard 4' X 5'
Printer, Laser

Inmate iBreak Area
8

2

Norix Chair with arms'
Table, Folding

Kitchen Serving Equipment
12
26
22
26

Drying Racks.
Carts
Wash Racks .
Cambro Containers

TOTALS

4,0%

FREIGHT IlNSTALLATION

3.0%

CONTINGENCY BUDGET

6,0%

SALES TAX

The GEO GrouPJ InC:. reserves the tight to mal<e' aquiv31ent sUbstitutions, ,~dd or delete rtems, in order to meet aU
,Pl'ojf3ct requirements.
16

I
I!

.... -

_ _

-- - . _

~

'.- -.- .-.

"-

_. _ -

-,

_--_

----- ._ -

_. ".- -

- .

I

I

I
I

The GEO 'Group, Inc
"
Florida -Dept of Manqgement Services
1:500 Beds 4·BLiildin9.iD.e:si~n -.ALL .GELLS ~ Graceville, Flor.ida
.

'.

'.

': .':.,

.'. . ' :',

. . . '.

..' .... ". '. '.:

":::Execlil't':we·'
. ·0''ff"
:. .'". ,:.:.
....Ice '. .'
,.

'. " ... :'

I

.'~....

Non'Shfft ,Shift 1

Shift '3

"!~OO

.

'.1

1'0.00

. Business·Manager
M.I..S. Manager
.Assistant.Busfness Manl\ger
Bookke~per (New.fr.om Receptionist A-23·0!})
AccDtmtin.9 Ci!ilrk.(New-from I(M :Ac.counts 4.23·08)
Payroll'Clerk
'.
.
Inmate Accounts Clerk (d.elete 1"00-.4.23~08)'
Inmate Proper.ty:Clerk
.Swltchboard .Receptlonlsti{deleted 4~23.0g)
'lVlallr,oom:C1erlc:(added, ~'i()) 2-4'OSg
Commissary 'Managlar
Commissary Clark
WarehousEf·S.upervlsor
. Laundr,y-Supervisor
Mailroom .$upsr-v.isor

0.00

0;00

"0;00

'Shlft:2

Shlft.3

1;00

''1:do

1.00

::2.00
1;00
'1:00'

.2.0.0

1.00
'1.0'0
'1.:00

:I

Relief

Relief

3.00

0;00

.,

FTE

I

I

'·1,00
'1.00
1.00
'1.00
'1.00
"1:00
'1;00
'1.00
1.00
'1.0,0

FT5

'1.00
1.00
1.00

'1.00
·1.0p'
1:00
'1:00

{DO

'1;00

1.00
'1.00'
1.00
1.00

1;00
1,00
.0.00

2.00

1,00

' 2,00·

'1.00
\ 1.00

'1:0.0

·1.00

1.00
'1:00

1.00
'1.00

'3.00

.1

10,00

·1.0Q

'1.00
1.0'0
. 1.00
1.00
'1iOO
1.00

12.00
Sub Total
'1Added-Above ·Coiltract:RegLllremen'ts.: NdfR:equired:8y'Contract

:.

1.00
1.00
"1.00
'1.00
·1,00
'1.00
1.00
1,00
1.00
'1.00

NOn'Shlft 'Shift 1

R,evised 6-3·08 Replaces pnced.staffing 4,23-08

Shift 2

1.'00
, '1..00
1.00
1.00
.1.0'0
1.00
''1.00
'1.00
'1.00

F.aclllty Administrator
.Se.cr.eta.ry
Human· ResDurces~Mana~e'l'
ACAlQCP'Manager
Human Resourc:es Clerk
Training Director
Risk Management:Coordinator.
Investigator
Grievance'Coordinator
InvestIgator Clerk'
Ex~cutiv.e

Sub 'Total .

"..,.:.......
:
'.
" ..:'"

3~OD

1•.00

1'8.00

Page 1 cif 5

I
I
I

!

, I
I

- - - - - - - - - - - - - . _ - _ . _ - - - - - - - - - - - - - - ,I

_. ~-

._---~.

-

~~--

-..

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

~ ._~-~~-

~

~

··_-----

0.-

0

.,

NonShlft
Maintenance Manager
Malntenance'Technlclan
Plumbln,9 Technician
HVAC 'Fechniclan
Tool Room Clerk
Powerhouse Engineer

•

Shift 1

•

'

_ _'.'

,Shfft'2

.~

._ _

1.00
'1.00

'1;00'
1.•00
'1.00
,1100
'1.M
:1.00

'1.00
1.00

1.00
1.00

0.00

'1,00

NonShift

Shift 1

Shift 2

ShIft,3

1.00
.1.00

.3.0.0

2.00 ,

3.00

2.00

,0.00

Shift 2

Sh!ft·:3

1.00

.NonShlft ·Shlft 1
'Health Car-e. Adm!nistrator
Medical Records 'Clerk
Physician (MO)

1;00
1,.00

,FTE

'1,00
1,00
1.60
1.00

'1:00

Relief

t;OO
1':00

.1.00

1.'00

1.00

1~00

,3.00

~,QO

1.0.0

4.00

2;00

~:oo

11;00
'1.00

2:0.0
,,2.00
1,;'00

1.00
:8.00
1.00

11.00

1.00
"LOU
:-t:nQ

'Ml0

Psycholog,ist.(Phb)
'Registered Nurse
LIcensed Frar::tical Nurse
:Licensed Practical Nurse
. Dentist ,(DDS)
Denteil T.echnlclan
Psychological·Spec. (Deleted .,20.)
Data 'Entry'Clerk
.RN SlIpenrisor

Relief

1.00

, 1;00

.R.~gi?tt;!red· Nurse: Practl~ipnerladde~,S12Qio&};
'R~gist~redt,\urse (MentaU:lealt~) (addeiJ,3120(ri8.51 ·

I

6:00

1.0"0
1.00

..... ,_.

'1.00

5.. 00

3:00

~~

'FrE

0.00

Sub·Total

"'

Relief

1.00
1,00
4.00
'1.00

F00d Service. Manager
:Productlon Mana,gar
,Cook -Supervisor
Fond .Service·'Oler.k

•• _ . _ •••••

Shift,3

'1.00

Sub Total

~

I,

FTE
'1.00
:2.00
:1.00
'4'~'QQ
~1.00

'1.00
1:.67
.5;00
'~.67
10.00
1,,00
'1.00
1.00
'1.00
'1.00 . '1.00
'1.00
2.00
1.00
.2.00'
1.00 . '1.00

:Confrac{Sfaff

'Dentist
Nur~e Practitioneriphysician1s Assl~tant (I)eleted 214lO~)

8.00
16.00',

p~y.chia,tri5't

Radiology Techl'lIclan

SubT.otal

I

hrslWk

B.OO

l:ir.sfwk
hrs'lwk

45.00

5;00'

30:00

1Addf>~·Ab~ve.GontractReCjulrements '··Not Re.~~ircd f3y·Contr.a'qt ' .

Rfilvised 6~3·08 Replaces Priced Staffing 4·23·QB

Page2 df5

·----.--- - _.._- _._.._. --I

I

I

I
I

~'

NonShift

,AFA Programs
ClassifIcation -Supervisor
Classification Counselor
ChaplalnNolunteer 'Coodl11ator
Assistant Chaplain
,Chaplain Cler.k
Librar.ian
'Ubrary Aiq
Law Library Clerk
. ,Academic 'Oounselor
-Academic Instructor
Vocational Instructor
Recreation 'Specialist
'Sducation Director
Programs 'Cler-k:
'Inmate'Records .clerk
'Inmate Records SupelVisor
Life Skills/Pre.Reiease Instructor
:$LJbstance,Abuse,lnstructor

'S'ubTota[

'Shift 1

,Shift 3'

Shift 2

'tOo
'1.00
'1.00
1.00
1.00
1;00
1.00
1.00
1,00,
'1.00
1.00
1.00
'1.00
1.00
1.00
1.00
'1.00
1.00
1;1JO

1.00
1.00
8.00
1.00
,1.00
1.00
,1;00
1:00
1.00
1.0Q
6.00
5.00
2.00
1.00
1;00
3.00
1.00
,3.00
,4;00 .

'I

'Relief

'43.00

0.00

0.00

0.00

NonShlft

Shift '1

Shlft2

Shift'S

'PTE
1.00
'1.00
'B.OO
1.00
1;00
1.0:0
1.0.0
1.00

'1.-00
''1.00
'6;00
'5.00

2;00
1;'00
1.•00
,3.00
1..00
,3.00
4.00 .

43;00

Relief

FTE

AFA,Security ,
'Chief ,of Security
.Administrative ,Oaptail'l
Shift'Eiuperv'isors • ,Captain
,Assistant ,Shift' S,upei'Visor • Ljeutenant
!Segr~,gation 'Li,eutenant
HOUSing Supervisors. 'Sgt.
Dlscjpllnary'S,gt. ,

·Sub·Total

Revised 6~3·08 Replaces ,Priced Staffing 4·23~08

E -_._ .

'

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..- ----,

'

. -

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Page:3 ;of 5·

..

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-- ..

;---

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.~

_._~.~-~~.-

-

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-_.

NonShift

Snift; 1.

Shift; 2

.shIft 3

·.Relief

HE'

Arsenal/I.ocksmlth OffJcer
Transport O'fflcers
,Outside Gr.ounds Officer
(nside:Grounds '.Officer
\f.ehlcle :Ga'te Oflcer

'Programs Officers
'Front'Entry~Offj cers
'Recreation'Officers
F.eod Service .officers
Interior Compound.Officer.s
Central Control Officer
.Segregatlon 'Oontrol
,Segre:gatlon Officers
Housing UnIt 1 'Contr.of
Housing Unit 1'Officers
Housing: Urilt '2 Control
Housing Unit. 2 :Officers
.Housing Unit '3 Control
Housing Units Officers·.
Housing Urilt 4 Control
Housing ~rii\ 4 Officers
Transport f Hospital Officers
Rerlmeter Officers

j

Escort/Utility Officer
Medical Officer
rounding

.---

Sub·Total
J. .

.

-

-

-

-

'tNonShift 'Shift 1:· ·Sbift:;2· iSbift;3· REilief..' :,FT:E :<1

:SUMMARY

,Executive Office
Business / Stmpoft .

0.00
·3.0Q
5;00
5.00.
0.0c!
3.0,0

Malnten~nce

Health :Care
Programs
Food SerVice
SecurIty Super.ylsors
Cor-ractional Officers

0.00
3.00
0.00
4:00
0.0,0
2.00

'0;00
0.00
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r..oTAL STAP-F
. TOTALSTAF

'Greg:S e, s, Vice President
.glon ,Offj!=~

. ,gfl5t~rn.

The'GEO'Group, Inc.

.ReVised 6·3·08 Replaces Priced Staffing 4-23·08

Page4·of.5

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~NDMEN~,N~.

OPERATIQN AND

1 TO THE

MANAGEMEl~T

SERVICES

C.ONTRACT

BETWEEN

THE

S~A~~

OF 'FLORIDA,

Dml?AR~NT O'P'MANAGEMENT SERVICES

AND
THEGEO

GROUP,I~C.

FOR

THE

GRACmVILLE CO~CTIONAL FACILITY,
1,500-BED MEDIUM AND CLOSE CUSTODY
SECURE CORRECTIONAL FACILITY,
WHEREAS, on .February 21, 2006, the STATE OF FLORIDA, DEPARTMENT

o

OF MANAGEMENT' SERVICES and THE 0-EO GROUP, INC. (~\CO:NTRA.CTOl:\")
entered into an OPERATION AND MANAGEMENT SERVICES CONTRACT -"
(nCONTRACT") relating to the Graceville Correctional Facility;
and
.
WHEREAS, during contract negotiations" the CONTRACTOR was
·instructed to add a monthly deduction of $12,577.06 for a
contribution into the' Maj or Maintenance and Repair Fund. This
monthly deduction was inadvertently excluded from the Invitation
to Negotiate. Therefore, the CONTRACTOR did not· include this
deductio~ in its per diem' rate; and

WHEREAS, ARTICLE TWELVE, AMENDMENTS, expressly
amendments to toe CONT'RACT;. and

provi~es

for

WHEREAS, the 'parties now wish to amend the CONTRACT upon its
current terms and cond;!.tion,s with the followi,ng .cprrections
and/C?r'modifications to the terms and conditions thereof:
NOW THEREFORE, the parties agree .to amend Artiole 7.1 Management
Payment of the CONTRACT a'S follows:

o

Article 7.1 Management Payment . . This payment reflects
operating costs and does not include debt service numbers ..
Compensation' will be based on t·wo (2) per diem rates,: the
first rate is based' on 90%· occupancy and the second rate is
based on the number of inmates 'exceeding the 90% occupancy
113vel.

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The BUREAU will compensate the CONTRACTOR at the following PS!
diem rates (per inmate, per day) :
.• $42.74 times the minimum occupancy of 90%
c>
$8.00 for each inmate over the minimum occupancy rate of
90% (for a blended per diem rate of $39.27 at 100%
occupancy); less
• Monthly deductions for:
a The Major Mainte~ance and Repair Reserve Fund set
forth in Article 4.9, in the monthly amount of
$12,577.06; and
o The 'Contract Monitor cost set forth in Article 5.44,
in the monthly amount of $4,514.21; and,
a Any property taxes or payments in lieu of taxes
, (PILOT) that ~ay become due on the Facility pursuant
to judicial d~termination or 'legislative mandate.

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Regardless of the number of inmates incarcerated at the
FacilitYl the ,CONTRACTOR is guaranteed an amount equal to '
90% occupancy (1,350 inmates) times the 90% per diem rate
subject to legislative 'appropriations. The CONTRACTOR
guarantee may'be subject to the following: liquidated
damages as ~et forth in Article 10.11; deductipns due to
.position vacancie~ as set forth in Article 5.40; deductions
for reimbursement of contract monitor C,osts ,as set forth
above; deductions for the maintenance reserve as set forth in Article 4.9; ad valorem ta48s and/or P~LOT payments required to he paid by CONTRACTOR by jUdicial determination
or legislative mandate, as set forth- in Article 12.7; and'
any other deduction or charge permitted in this Contract.
All other terms ~nd conditions of the CONTRACT shall remain
unchanged.

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IN WITNESS WH~REOFf the ~ndersigned authorize~ persons 'have
executed this Arnvpment on behalf of their 'fspect.-ive parties
effective the _ >'f day of <lee.,..,e. 200 .. \J~ 'M? 9~

W

SWATE OF FLORIDA, DEPARTMENT OF

MANAGEMENT SERVIGES

Date
APPROVED AS TO FORM AND LEGALITY

Nam~-J---lrl1 {~.6

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Date

TEE GEO GROUP I INC.
\

Vice Chairman and President
Date

1i!-17 jo(st
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AMENDMENT ~O.2 TO THE
OPERATION AND MANAGEMENT SERVICES CONTRACT

BETWEEN
THE STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES

THE GEO GROUP,INC.
FOR. THE
GRACEVILLE CORRECTIONAL FACILITY, 1,500 BED. MEDIUM AND CLOSE
CUSz;t'ODY
SECURE CORRECz;t'IONAL FACILIz;t'Y
WHEREAS, on February 21, 2.006, the STATE OF FLORIDA, DEPARTMENT
OF MANAGEMENT SERVICES and THE. GEO GROUP,' INC. (\\CONTRACTOR")
entered into an OPERATION AND MANAGEMENT SERVICES CONTRACT
(\\CONTRACT") relating to the Graceville Correctional Facility;
and

WHEREAS, on January 1, 2007, the STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES . and THE GEO GROUP, INC.
( \\ CONTRACTOR 11 )
entered into Amendment No. 1 to the Contrapt which provided for
a modification to the Contract per diem rates related to a
monthly deduction for contributions to the Major Maintenance and
. Repair Fund; and
. WHEREAS, the Invitation to Negotiate

(ITN) for the Graceville
Contract, Special General Cc;mditions, allows the BUREAU, in its
discretion, to rec;ruire the posting of a Performance Bond by
CONTRACTOR; and

WHEREAS,

the BUREAU has determined' that based upon the
termination provisions of the .Contract, the. Performance :Sond
described in the Graceville .ITN is .neither pecessary nor
financially prudenti and

..

WHEREAS,

the BUREAU wishes to amend Article 7.1 Management
. Payment, to reduce CONTRACTOR's Contract'Management Payments in
order. to reflect the BUREAU's decision not to rec;ruire a
CONTRACTOR Performance Bondi

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~OW THEREFORE/ the parties agree to amend Article 7.1 Management
Payment of the CONTRACT as follows:

Article 7.1 Management Payment.
This payment reflects
operating costs and does not include debt service numbers.
Compensation will be based on two (2) per diem rates; the
first rate is based on 90% occupancy and the second rate is
based on thenumbe'r of inmates exceeding the 90% occupancy
level.
'
The BUREAU will compensate the CONTRACTOR at the following per
diem rates (per inmate/ per day) :
• $42.23 times the minimum occupancy of 90%; plus
• $7.49 for each inmate over the minimum occupancy rate of
90% (for a blended per diem rate of $38.76 at 100%
occupancY)i less
• Monthly deductions for:
o The Maj or Maintenance and Repair Reserve Fund set
forth in Article 4.9/ in the monthly amol,lnt, of
$12/577.06; and
o The Contract Monitor cost set forth in Article 5.44/
in the monthly amount of $4/514.21; and
o Any property taxes or payments in lieu of taxes
(PILOT), that may become due on the Facility pursuant
to judicial determination or legislative mandate.
Regardless of the number of inmates incarcerated at the
Facility/ the CONTRACTOR is guaranteed an amount equal to
90% occupancy (l r 350 inmates) times the 90% per diem rate
subject to legislative appropriations.
The CONTRACTOR
guarantee may be subject to the following: liquidated
damages as set forth in Article 10.11; deductions due to
position vacancies as set forth in 'Article 5.40; deductions
for reimbursement of contract monitor costs as set forth
above; deductions fro the maintenance reserve as set forth
in Article 4:.9; ad valorem taxes and/or PILOT payments
required to be paid by CONTRACTOR by judicial determination
or'legislative mandate r . as set forth in Article 12'~7; and
any other deduction or charge .permitted in this Contract. '
,All other terms and conditions of the CONTRACT shall remain
unchanged .

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IN WITNESS WHEREOF
the unders,{gnea. authorized persons have
executed this Amendment on behalf of the,ir respective parties
effective the 1st day of september 2007.
I

STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVIES

Date

//

APPROVED AS IJ:'O FORM AND LEGALIJIlY

Name

.

_ ' ,01,,1"---_Date

~

THE GEO GROUP, INC.

Vice Chairman and President

1-7~~g
, Date

3

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