SECTION THREE
•

~)

3.01

Contract Type

This contract is a firm fixed price contract, based upon a per diem rate per filled bed per
day.
3.02

Contract Approval

The State's obligation will commence when the contract is approved by the Commissioner
of the Department of Corrections, or the commissioner's designee. The State will not be
responsible for any work done by the contractor, even work done in good faith, if it occurs
prior to the contract start date set by the State.
3.03

Standard Contract Provisions

•
The contractor wHl be required to sign and submit the State's Standard Agreement Form
for Professional Services Contracts (form 02.()93)1Appendix A. The contractor must comply
with the contract provisions set out in this documenl No alteration of these provisions will
be permitted without prior written approval from the Contracting Officer.
3.04

Proposal as a Part of the Contract

Unless otherwise specified in the contract. the requirements and specifications set forth in
the RFP, the successful proposal, and the scope of work as negotiated, wifl be
incorporated into the contract, and witl be bindfng upon the contractor. In any case in
which these differ, the contract and then the RFP in that order, shall take precedence over
the proposal submitted by the contractor.
3.05

Additlon,,1 Tenns and Conditions

SUbject to the following conditions, the State and the contractor have agreed that the State
may add terms and conditions during the life of the contract or during annual discussions.
These tenns and conditions wifl be within the general scope of the contract. and If it Is
detennined that compensation is required for the contractor to implement the directives or
policy changes, the compensation may be in the form of an increase in the per diem rate or
a one-time lump sum paymenl The contractor shall not be required supply additional
services at additional costs until the parties have reached a mutually satisfactory
agreement regarding increased compensation. Ukewise, any directive or policy changes
that lead to a reduction in contractor services may require a reduction in the per diem rate
or a one-time lump sum credit.
.
3.06

Insurance Requilvrnents

The contractor must maintain proof of insurance at all times.
The contractor must secure the Insurance coverage required by the State. The coverage
must be satisfactory to the Department of Administration, DMsion of Risk Managemenl
An offeror's failure to provide evidence of such insurance coverage is a material breach
RFP #2005-2000-4544/ ContnM:t t2054861
21

AdI.A PrIeon F-=-ty
FIoIwK:e. Arizona

• and grounds for withdrawal of the award or termination of the contract. See also AppeAdix

B.
3.07

,
Bid Bond - Performance Bond - Surety Deposit

Not applicable to this contract.

3.08

Utilities

All utilities are the responsibility of the contractor.

3.09

Contract Funding

Approval or continuation of the centrad is contingent upon legislative appropriation.

3.10

Proposed Payment Procedures

The State wiD make payments based on a negotiated payment schedule at rates
established in the contract. Each bRling must consist of an itemized invoice. No payment
will be made until invoices have been approved by the Director of Institutions. or designee.
All bDlings should be submitted timely and reference the contract and encumbrance
numbers.

Upon detennination that a portion or the entire invoice is incorrect. the contractor shan
receive written notice from the DOC Director of Institutions. or designee, of the amount of
the billing or portion thereof is in dispute and stating the reasons for the dispute. That
portion of or entire invoice shall not be processed for payment until after resolution of the
dispute.
A per diem rate is defined (per Federal Government Contract Language) as: -rtle per
diem rata for detention services under this agreement is per man-day. This rate covers
one prisoner per day. A portion of any day shall count as a man-day under this agreement.
except that the State may not be blUed for two days when a Prisoner is admitted one
evening and removed the foUowing morning. In that situation. the contractor will bI for the
day of arrival, but not for the day of departure.·
See also Section 4.14 (A. 1) regarding payment for medical costs.

3.11

Contract Payment

No payment will be made until the contract is approved by the Commissioner of the
Department of Corrections. or designee. and the invoices have been approved by the
Director of Institutions, or designee. Under no conditions wBI the State be liable for the
payment of any interest charges associated with the cost of the contract. The State is not
responsible for and \¥ill not pay local. state. or federal taxes. (Clarification: This sentence
refers to direct payment by the state; however. it Is expected that offerors include their
taxes in the proposal budget and Incorporate these costs into their per bed contract cost)
All costs associated with the contract must be stated In U.S. currency.

RFP #I 2005-200().454.4 , Connct #2054861
22

~

-')
'-

•totn the event of an error that causes payment(s) to the contractor (or benefits to others) to be
issued in error. the contractor shall reimburse the State within thirty (30) days of written notice
of such error for the full amount of the payment. Interest shall accrue at the statutory rate
upon any amounts not paid and determined to be due after the thirtieth (30th) day following the
notice,

.3.12

Infonnal Debriefing

When the contract is completed. an informal debriefing may be performed at the discretion
of the Director of Institutions. or designee. If performed, the scope of the debriefing will be
limited to the work performed by the contractor.

3.13

Contract Personnel

Any change of the key project team members named in the proposal must be approved. in
advance and in writing. by the Director of Institutions, or designee. Personnel changes that
are not approved by the State may be grounds for the State to tenninate the contract.

)
., ."

The Department of Corrections, Director of Institutions, or designee, reserves the right to
disallow the use of any individ~1 whose performance or condud is not acceptable to the
Department. In the·event of a staff person's Inappropriate conduct or Inadequate training,
contractor will prevent that staff person from any interaction with DOC prisoners, upon the
request of DOC. An employee who is disallowed from working under this contract shall not
be restricted from working elsewhere for the contractor. DOC intends for this provision to
be utilized in rare situations where serious questions about an employge's fitness or
appropriateness for duty exists. The Director of Institutions, or designee, shaD have final
say in determining an employee"s fitness or appropriateness for duty.

3.14

Specification of Audit Criteria and Corrective Actlon Procedures

The contractor is responsible for the perfonnance and completion of all work set out in the
contract. All work is subject to inspection, evaluation, and approval by the Director of
Institutions, or designee. The'State may employ aU reasonable means to ensure that the
work is progressing and being performed in compliance with the contract
The DOC or its representatives will be afforded unlimited access to .all areas of the facility for
the purposes of auditing its operations or for any other official purposes as described in the
Contract not limited to but including:
A.

Financial Audits: AS 36.30.420 states: The State may audit the books of a
contractor or a subcontractor to the extent that the books and records relate to the
performance of the contract or subcontract. Books and records shall be maintained
by the contractor for a period of three years after the date of final payment under the
prime contract. and by the subcontractor for a period of three years after the date of
final payment under the subcontract, unless a shorter period is authorized In writing
by the commissioner.
The Department of Corrections. Commissioner or Designee. will condud periocflC
financial audits of each facilities financial records pertaining to the funds and
services of this contract. The DOC may choose an independent audltor(s) to

RFP , 2005-2000-4544/ Contract 12054861
. . 23 .

AId PIf80n FacIIty
FIonJnc8. ArIZIona

perform the audits and will provide the auditing aiteria, which witl be based upo..
standard accounting practices. The cost of these audits shall be borne by the state.

()

Access to records shall be limited to those records necessary for the State to
determine cootrad compliance and shall not apply to contractor's confidential,
sensitive or proprietary infonnation, financial infonnation not publicly available or
information regarding salary and benefits other than what is needed for the
purposes of section 4.04A.

B.

c.

'.

Program Aa.Idb: Program audits and contract compliance monitoring shall be
GOnducted as deemed necessary by designated staff. Custody, security, program
administration, and physical plant audits shall be conducted to determine cOmpliance
with DOC requiNd standards. Areas noted as being In partial compHance or noncompliance ~ be corrected by the contractor within thfrtY10 ninety (30-90) days as
specifically stated in the written audit report.

.

Corrective PianI: The contractor shaH receive official written notice as to the areas of
pa~.cornpIanoe or rIOI'HXXIlPIIance. WIthin twenty (20) days of18C8iving the noUce,
the ~ . . stJbmIt to 1he Director of InatIIuIions, or deaifIR8e•• ~ plan
~"~~'aobe ~ and time bm. for fuD compII8nce. The pI8n . . . .
1Wi=~~
·cOOc;urwilh~,.. or naIIfy . . ~ofNat-"

....non-concunnca."

~,"""111CII.~ at
DOC ........ sIic&JllrUR -jlllle
conecIw 8'; .' 10 be·taIGen and Ih8 time frames for1heircomplelon. The cot:*ador
IItU8t .,_ I i.I~'" beIoRt any appeal
'.
..
!

,

D.

.1

;..:

•

•

••

:~~., i~'~' ::In G88eeX-"CJ"';ieRt. an "":'~MB5-'"
:.~ l':: ,~A.'
WI••• ~'.. ~be~wIIhin-'(10l"'4f.H:O"'.~:"·~' . ~
of
. '"
The ........ of·~"_"'''~.
The
. .'8iid ... ~ of appeal shd be to the CoiRmi8sionei- 8f...:, .' -. ·:iJt
J

'

:

~~'

.

,I

"

Subsalniial faiunt of the conti aCtor to perform the conbact m8Y cal. .' " StIde to·
In this event. tfle 8tIIte rttI*J ....... theCQRII.....
to I8iRIbuns8 monies peid (based on the identified portion of unaccer*bIe work roceMd)
and may s-.k _1eCiaIed d~. Please also refer to SedIon 3.35 for additional
information on nOft-coRtpIIanc damages or remedies.
.
~ ~ ~.in,whoIe or In part.

3.15

D......
,

Any dispute arising out of this agreement shaD be resolved under the Jaws of Alaska. A1rJ
appeal of an administrative order or any origlnaf action tp enforce any provleion of this
agrNment or to obIBIn ~y relief from or remedy in connection witt this agreeRI8Ilt may. be
brought only in Iw superior court for the State of Alaska. See, ~ A. AIticIe 3. ~
~ ... work . . . . .to ~ any ~ befor8 aubmMIng tIMm to a formal
~ N.oIYIoA jIIoCI.I. To the extent pennitted byfaw, the paries may exIead . . ~
petbIJe set forth In AS 36.30.620 for the purpose of resolving l88ues prior to submi.Slion for

a formal ach.....alve hearing.

.

3.18 TenRInatJon
J
flJ..... AdIIRI

~

\'

,

,

"

._)
_.-"

. A contracto(s failure to comply with any of the terms and conditions of this contract may
result in a default action by the State after a thirty (30) calendar day written notice to cure
the problem that had produced the apparent default.
If the Director of Institutions, or designee, determines that the contractor has refused to
perform the work or has faUed to perform the work with such diligence as to ensure its
timely and accurate completion, the State may, by providing written notice to the
contractor, terminate the contractor's right to proceed with part or all of tf:1e remaining work.

Contractor shall have termination rights only if DOC fails to fund an annual CPI ad;ustrnenl
This termination is subject to a 12o-day notice (after State has 30 days to pay 60 days to

=

cure, 30 days to terminate. For non-payment of services rendered the provisions of the
State Procurement Code will apply. '

•

This clause does not restrict the State's termination rights under the contract articles or
provisions of Appendix A, if used.

3.17

Uquidated Damages

See Section 3.35 for liquidated damagss or non-compIianoe lMI8l1S8
.z' .

. i

"_::In,hs

'naB.1iI S 81'8 not anIIcip.d kJ _*d.mm oUIle COIIti• .
any-given )'.MI'due
to IncNeSBI in Ile number of 1~abl81nthe 811m d Hi 'j. . .
or ...... tts of an
emergent natura. In tie ·event, moving prisoners to 8 conIIlId r.ctIlY_ r.eIieYe the In-sIate
overorowding may be required. Any Increase In a particular
may or may not be
carried forward Into Subsequent fiscal years, depending on the needs of tt1e OepMment

fIIc:aI.-

,:m.o....

The DOC requIies' aI beds to be provided at a single fac .;.(for 1OBO
or Ieee).
Hov....... It is an ~d amendment that upon
FS~eIDOC aM"
carftc*)r. wiIh ~ pre approval of the st 1E. hit OGI.wlw. . trINf. ~.) to
o8ler oeutrac*Jr
Unless oCh8lwise agnMad. COlt'" i'~ .... PI F...... fer "a'lport
eX prieoAer(s) back to Ihe originally designated facility or airport. baM their return to

m.....

file....

AlBB't8.

PRICE ADJUSTMENTS: Per diem rates are to remein fimi through June 30. 2005.
Annu8IIy beginning July 1. 2005. the contractor shall rec:eMa price ~ subject to

Ii , .~/COI*actG054861

/:25. )

(

•

AlMM.I,...
A1r1 ~ AIIaNt8

. appropriations. Price adjusbnents will be made in accordance with the percentage charige
in the U.S. Department of labor Consumer Price Index (CPI). All Urban Consumers. Series
IICUUSM29SAO for the Phoenix-Mesa, Arizona area, issued annually. The base for this .
contract wiH be 103.3 (2003 annual). Half-year adjusbnents will not be utilized. The
\)
percentage difference between the CPI issued for 2003, and the most recent annual CPI
issued for each year of adjustment win determine the maximum aUowabie adjustment of
the per diem rate. No retroactive per diem rate adjustments will be allowed. Adjustments
wall be capped at 2% per year.

3.19

Contract Changes - Unanticipated Amendments

During the course of this contract. the ~ntractormay be required to perfonn additional
work subject ~ the following conditions. That work 'Will be within the general scope of the
oontracl When additional work Is required, the DIrector of InstitUtions, or designee, will
provide the contractor a wriIt8n de8crIption of the additional \WIk and r&QI)eet for the
contractor to submit 8 firm time schedule for acconipllshfng the additional'work and a finn
price for·the additional wort. Coat and pricing data must be provided to ju8tiIy the cost of
sqch am~ per AS 36.30.400.
.

State..,.....

DiI9cb«.........

The contractor. . .-.~additJoRaI woctuntllfhe
or
(J8slg"••• "'11i::~::_.:rq:1=rrl
ReQ.• I ••yforthe",~,,~·and

Ii. . . a willisn --' -~. -~ appIDved fir" CoinwidBlioner of·...·Dip' • •It of
ea"ectione, or dp ~
~ conhctor shall not be ~ to supply ad.~ 88IVIces
at. 8dcIiIioneI ~
".lls have .-ched a 1'RUfI' 'y s*lsl'&c:lory .lllaem ~.
. . . . . . incN• •d oii: '• •' i 'iecL AI change8 ~ be in WIling. Verbal agi ....... are
nat binding.

. ::,'

.

.

~. )

l:InIe. oIherMIe PAwided1R·~ cordract, the SI8te ... the c:onInIdDr agree:
Excluding any _deed nN18WaI options, the State may exIend ht term of. . OOI-.ct by
_Uk ft notice to the conncu no later than '15 days before the expiraIion eX the contIact. in
Older to:

A.

Compleae negctlll.1 between the" and current or new Pft)YidereXth818 eeMce8:
cornpIMa . . . ,...... . . 101' a 10 day plot.est period .... a ~ of "dent to
Award Is Is8ued .Iind before a contract is signed, or; prwent a Iapee In servICe for
number Of beds COIt1i8d&d at this f8ci1ity.
•~

B.

Notlftcatlon under this dause does not commit the State to an extension.

c.

The.8t11t8 may IWqUh c:onIin&}ed performance of any services wilt*' the IImiI8 and at
the rat.- specified In . . c:ontract if the state 81C8rciees thI8 option.

D.

The State agRMI8 to make a good faith effort to Hrnit the duration of this, option If it Is
Inwked. ExIAIn8ion ~ the final period is capped at a maxlf..um of 120 days.

E.

If the state exercises this option, the extended contract shaI continue to Indude this

•

.

.

provision.

AFP., 2iii5=2000 45441 COlllbct _ _1

MIa
26

.

iiIIii1Jr,..,

FI8NMe. Mi...

•

..

. -."

F.

The State may not extend the term ofthis Contract pursuant to this provision 3.20 if the
contractor has provided notice of tennination pursuant to section 3.16.

3.21

Transition at End of Contract

The contractor agrees to assist the Department and any subsequent provider in facilitating
the transition between ptoviders in the event of termination or completion of this contract.
This includes extensions of this agreement at current rates to cover transition periods:
This ~ment is a condition precedent to the contractor's right to receive any final
payment of funds under this contract. Extension beyond the final period is capped at a
maximum of 120 days.

3.22

Per Diem Adjustment & CPI Adjustment

PRtCE ADJUSTMENTS: Per diem rates are to remain firm through June 30, 2005.
AnnUllly beginning July 1, 2005, the contractor shall I8C8ive price adjustments subject to
apprOpAallons. Price adjustments wi be made In accordance with the peroentage change
in the U.s. DepattnMri of Labor eon.awer Prtce Index (CPI), , ..lJIfI&n Can8uRwa, &eri.
#JCUI....JMr429SM . . . . PhoeniMo.11••a, ~.~ ill!_ ...., '')r. 1M
for . .
canIIid ~ be 103.3 (2003 artAUIIf). HeIf)ll" adjutfn• • ~ • . • ,
The
pemenlage-·dHfeI-.v:e belweeR the CPI iISued fer 2003• • the . . .
anRUIlI CPI
Issued for aach year of 8djustment wit ~ ~ nauimum aIIows,l. ~ 01
. the'perdiem RE.. No1'8tJaac1iv8 perdi8ltu.·. . . . .IlA. . . . _·II.t..~
~

.-n

}

,...1rR.... .

wII be'c;eipped at 2% per year.'
..
.
If. . pmvisIon ef this COI.1Id is found'to ,.1Av8Iict, aud1
to inwllldate the enIIre COl_act.
.

;..~; ..

-

.

-'

:

."..

invaId8i. WII net 1Je'~ ,:,

2.2A PetionRance Stan4ards
The Department reserves the right to evaluate (or'audit) the services being provided by the
~ under the terms of thi8 cornet. The contnIcb"wII be responsible fordtMllaplnga
plan of action to address anyarees of concern railed ~ an ~ pIOe8U. The
action .......MUST be approved by lie DireGb of IndIuIions, or designee. The Ilep&rtnteRt
~ the right to ref'usa contractor. utI1zatiOn of any in~aI ·whose standards at
performance are not acceptable to the Department

/3.25
!

.
'
:

;

InvwtIpMon & UllgaflOII

Contractons 8f8 otIlIigeted to noiI'y the DAdor of InetIIuIIons. or de8igne&, the next WOItdng
4aY If, liley, or any member of their OOItbct 8Iaff, are being Investllll&ad for ft1IIIpradIce

and/or ~ violations by a licensing board or profeasional organInIon, or If I1ey are .
named 88 8 patty In a civil or crimin8f IiIIgaIon reIaIng k) their prof8I8IotUII adivIIes. The .
~ reserves the right to dIsaDow the ~ of contrad services by any
IndMdu8I undergoing investigation and/or litigation under this section.

.

'3.26

,

Continuing Education (CE)

The contractor must assure, at no cost to the State, that all persons working under the
terms of the contract meet and maintain any and all legal requirements for licensing and
Continuing Education.

3.27

{ ")

Records

The prisoner records and other Information compiled by the contractor in accordance with
the duties and responsibiIitie of this contract shaD be the property of the Dep8rtment of
Corrections. The records and infonnation compDed wBI generally be limited to prisoner
recotds, but may Include other contractor information. Copies of such records shall be
provided to the Department within a reasonable period, upon request. This requirement is
mandatory irrespective of any payment due to the oontractor for service provjsion.
See also Section 4.14 (M, 9) regarding medical records.

3.28 Reeeard1
Any I988fMd. condI actld .,.,. the terms of tile conRd muat receive prior wriIlIn approval

by the ~
_c...lona. Or~"'. AW'II:IA de8cI~ eX the MS,_cIt
project,.. be
ill plterto consideIatiGn·for ai'.... In "-.on, 811 ,...idl
projects must QORIIIIIIv wIh the provisions of Poley and PrOcedure "501.02.

"'-3.30 Lepl Proceedings
Confinement by . . wrdI~ ahaIt not deprive.any prisoner of legal right which he would
have If confined In a Stale of AIaeb managed f8cIIty.
.
The State of Alaska wII defend I;KlY post conviction 8GIion., including appeals MeI..... ef
habeas coqxJs, ~ any prisoner in an Alaskan Court challenging the underlying judgment of
convIcIion or the admJnl8tlatlon eX the sentence ImpOsed at no:cost to the contnldor. The
state wit defend a prisoner ~ to placement wiIhin the ~ or at any fadIIly.
.
..
The Con1r8ctOr . . defiend, allis ~ any adIon8 fled agaIrwt Jt ~ a prisoner whidl
chalenge c:ondIIIone of COIaIMment operaIIonaI policies, halment by staff of oUter .... rs
related to conftnement 81 lie FadIty.
0

o·

·

· -3.31
~.)

Assignment

Per 2 Me 12.480. the contractor may not transfer or assign any portion of the contract
without prior written approval from the procurement officer.

3.32

Intellectual Property

The contractor warrants that all materials produced hereunder shall be oforiginal development
by contractor. and shall be specifically developed fertile fulflrnent of this Agreement and shall
not infringe upon or violate any patef:lt. copyright. trade secret or other property right of any
third party. and the contractor shaH iodemnify and hold the State hannless from and against
any loss. cost. liabDily. or expense arising out of breach or claimed breach of this wsnanty.

3.33

Excusable Delays

The contJactor shall be excused from performance hereunder for any period that it is
pnwenf8d from pedormJng any services hereunder in whole or in part as a result of an act of
God. war. ciwI c;IieIurbence. epidemic. court order. or other cause b¥nd its ~
COI'IWI. and such nonperformance shall not be a default or gIQlIIld' for termlnalon of the
AgMemeRl

~ to ~.ka St8tute 39.52. ile receipt or solicitation of bribes. giMrWes and Iddcbecks

Is sbicly put I ·1Id.

..

.

a-=- or other A8!I ,.~ f1I. Jte ~.~ ~ ,... . . .
iH';tflDm. . AQr.e.... Il··.IndM±.. ...."..
mAlalka
84 tD any shale or pert of the ~ or tB My bill
~ ariee

No el,cted.~ ?l'painted

"".1 .,

.... ~
theI eIrorft. .

Ii

3.35 . . . C. . . . ._ Aenlu. . .

A.

ImmIrllIIlI ComplIance

If tile DOC Ptrec*r of IAeIiIuIions or deeignee def8rrAines that the contracb' is not
operalng in complianCe will a term or condition·cX the conhd which. poses a 1981.
mm•••1e and serious d8Ager to the Inmates. staff. or puIDIIc. cantractor shall be
notified In WIlIng (or V8Ibdy if it is believed an ernefgenC)' IituaIIon exists). The
noIce .... di.ct contractor to immediIIteIy coned the noncompliance. Please also
see section 3.17.
1)

2)

RFP ••• i<i&i titt/e.tllecldii48i1
.29

Contractor or specify corrective action which contractor shall immediately
implement

3)

Notwithstanding any provision contained herein to the contrary. in such a
circumstance. contractor shalllmrnediately implement the corrective action
specified by the Commissioner before any appeal Is taken.

4)

In the event contractor disagrees with the detennination of noncompliance or
designated corrective action. an appeal may be taken to the Commissioner.
In no event shall the corrective action be delayed pending appeal to the
Commissioner.
.

5)

Upon examination. if the Commissioner determines In his or her sole
dtscretion that a noncompliance did not exiet or that the requil8d corrective
action was eJfD88sive. the Commissioner shall authorize pajment 10
.
contracIor of the actuaf· expense Incurred in taIdng said corrective ~ or
excessive 00I'NCtIYe action upon receipt of appropriate documentatl6n
. substantiating said expense from contnIctor.
.

6)

ThIs provision ShaH not be construed to prohibit contrador'from fiIiog a
complaint wIh the court once it has exhau8f8d the adminlstra6ve remedies
set forth hel8ln.
.

Breach

B.

A party shaH be dlsmecl to have breached the Contract if any of the following

occurs:
1)

Falure 10 pc• • ill 8ICCOI'dance wiIh any term Dr PIC_an offhe ~

!

"'

r».« any term or pRMilan dthe COI1CI'8d; and

2)'

PartIal p ...lI.....

3)

Any. act P.Ul1T~"~.orrestlded by the Contract.

For the purpo~.ld". . . . items 1) 1hrough 3) above shaH be hereInaI8r be

referr8d10 .. ":aa ..-.

"

In the event of a bI.ach by mntractor. the S1ate shall have 8YaIabIe 1he foIIoMng
remedies as deacriled further herein:

1)

Actual dsInag8I and any other remedy avalable at law or equity;

2)

Uquid8ted Damages;

3)

Partial Default; Partial Recovery; and/or

4)

T~oflte~ct.

•

The StIlle shall .... RO d*I for BreaCh ofC;Ontiact and ~ not punIU8 any .
....., for aK;h nr.ach __ any provision of this cac.-.a...818118 SIMI ....
first gMIn contrador noIce mlie alleged breach and a 30 day period fD"QJ18 h

Bt nell. If the BI ph'~ be cured \'JiIhIn thIrtV (30) ~ .....noIoe W.auch
Br8ach can be CIofNd tbrouIh an ongoing e8'06t on . . pM at co *acbr. ODUtllic:tlor
may. wIItlin 118 thiJty (30) day period. submit a plan for curfng . . Breadt
a
r8880MbIe time. If .... plan 18 approved by the Sta68. and 8UCh appRW&I
Mt
be ~ ~ .lie State shaR not take action or purIU8 remedY. J4~
48441 COiiiIIiCi
AMMb RJC "*ii

RFP

._52011

.

.,.

.

_'.1

30

.-

.n.......' ....11

..

'

,

,

. .

~

)

C.

contractor so long as contractor acts in good faith to cure the breach in accordance
with the approved plan. This subsection regarding notice and opportunity to cure
shall not be applicable under the immediate compllance provision, but the State
shall not assess liquidated damages under the immediate compliance provision
unless the contractor fans to take the corrective action requested by the State. In
the event contractor repeats the same specific breach within a twelve month period
because the contractor failed to continue the curative action initiated with the prior
breach, the State shall notify the contractor of the repeated breach and may elect to
eliminate or lessen the cure period prior to assessing damages pursuant to
Appendix E for the particular repeated breach.

State Breach

In the event of a Breach of Contract by the State, contractor shall notify the State in
writing of any Breach of contract by ~ State. Said notice shalf contain a
description of the Breach. The State shall be afforded a forty-five (45) day period In
which 110 effect a cure or in Which to take reasonable steps to effect a cure; provided,
however, that if the alleged Breach concerns ~ state's failure to make payment
under this Contract. the Stale shall h8ve sixty (60) days after the notice to effect a
cure unless the payment is U1e subject of a dispute between the parties.

)

1)

Wlih ~ excepioIi of the provisions contained in SlIbsectiOn (4) herein. in no
event shall any Brasch on I18part of I1e Stale· 8XlCUS8 cOiltndur ,from full ,
performance under the CDI*8!Cl NoMIIl8bInding" foJ. . . . .the StII18
. . . have no claim iOr 8Juch againstcoNrador'l conndor's 8nMIoh is
dhctIy caUsed by the ~'s pI-.rIng 8feach.

2)

In tbe1iMlRtofa mal~rW..r: ti~ 1Jy"" $l.t."1heo'.~j(....... the
foI!l.,+GMntedies:~""~"otMr~,llAwat"'or
tenni.. d~~~_$3t~ a..~ 1 i8
,~'d.~.~tm.~t';rAJ
~
afcz,' / . . .

...

eq-__

'• •

"

..

';:'nU-::ce~:2~~:'==~~~?~'=
.

, 8read1.'
3)

Failule by eiIher pMy to lie adlh before the . . .opriate foMn in.t•• I;a ~
wiIh ~ ~ heat such . . . . . . . . "two (2) yams offhe no6ce deeaIbed
in subsection (a) shaI opendie as 8 waiver of said cIaiJn in its entnty. It is
agreed by'the parties this ~ e.' rblishes a contractuaJ period of
limitations
any cIeirn br:ought by eIIher party.

ror·

4)

D.

In the event the State faIs to inake .,y'payment due under the contract
wIIhIn the 80 day an peJiod specified herein and the amount not paid
exceeds one hUndred IlO8S8nd doIIaJs ($100,000.00). contractor may
terminate the contract upon 30 days prior written notice to the CommieIioner,
provided. however. oOOtractor may terminate the Contract only upon the
State"s faBU19 to pay'an 8IfIOlIHtwhk:h is not In dispute.

Uqul...... Damages
SlJbIed to the notice and cure provisions specified in this section 3.35. in the event
of a areach by COIlliactor descdbed ~ tis eedIIon. 1he SIIIte may withhold as a
IIquldated damage the amounts d~ted ... Appendix E from any amounts owed
contractor.

31

E.

1)

The State shall notify contractor in writing of the Breach and the amounts to
be withheld as a liquidated damage.
'

2)

Liquidated damages shall be assessed in confonnance with Appendix E.

3)

The State may continue to withhold the liquidated damages or a portion
thereof unbl contractor cures the Breach. the State exercises its option to
declare a Partial Default, or the State tenninates the Contract.

4)

The State is not obligated to assess liquidated damages before availing itself
of any other remedy.
"

5)

The State may chose to discontinue liquidated damages and avail itself of
any other remedy avaUable under this Contract or at"law or equity; provided.
however, contractor shall receive a credit for said liquidated damages
previously withheld except in the event of a Partial Default.

Partial Default
1)

Subject to the notice and cure period provisions specified herein, in the event
of a Breach by contractor, the'Staie may decIat:8 a Partial Default

2)

If COI'$'aCtOr faIs to cure the 8f9ach within the time period 'provided In the
notice. then the st8le may deda~ a P8ltiBI Default &Ad pa:Mde Wllllen
notice to contractor of the foDowing:
a)

b)

The date upon which contractor shalllerminate 'provtding the service
associI«ecI.... th.e 8Mach; and
'
"
.
The dete the"Stale wiI begin to provide the servioe associated will the

( ')

BRMICh.

The Slate may nMall the time periods conIained in the notice upon ,.willen
notioe to contractor.
3)

In the event 1he &ale declares a Palial DefiiuIt. the State may withhold from
the aR1OUI1ts due contractor the gr8ater of:
a)

Amounts which would be paid oonfIBcfDr to provide the defaulted
serv1c9 as provided In subsection (5); or

b)

The cost to the State of providi1g the ~ service. wheller said
,
serviCe Is provided by the StI!Ite or a third party;

,

'

together with any other damages associated wHh th~ Breach.

- _. ....

"'.

4)

To enable the State to detennine the amount 1he contractor Is being paid for
any padicuIar service. contractor shall JIIoWie Iiccurate. ament
documentation of the costs of that service. Baaed on the docurnentBtion. the
parties shaI make a detennination of said amount.

5)

The state ~ aSBBSS liquidated damages _ _ the ~ punuent to
8ecIIon 3.35 (0) for any faUure to perform wItiI uIIIrnaWy I'8IIUIts In a Partial
Default with said liquidated damages to cease when said PartIal Der8uIt is
effedIve.
32

.

.
'"

:)
F.

6)

Upon Partial Default. contractor shaD have no right to recover from the State
any actual. general. special. incidental. consequential. or any other damages
whatsoever of any description or amounl

7)

Contractor agrees to cooperate fully with the State in the event a Partial
Default is taken.

Tennination

1)

In the event of a Breach ~y contractor. the State may terminate the contract
Immediately or in stages.

2)

Contractor shall be notified of the termination in writing signed by the
Commissioner. Said notice shall hereinafter be referred to a Termination

Notice.
3)

4)

.'

~

Tennination Notice may specify eith~ that the tennlnation is to be
effective Invnedlately. on a date certain in the future. or that contractor shaD
cease operations under this Contract In stages.

. Contrador agrees to cooperate with the State in the event of a termination,
~ Default or Partial Takeover.

5)

In the event of a termination on the grounds of ~ Breach, the State
may vfillihold any amounts which may be due 00I1Jiacb' wiIhout . . . . of
any OIher temedy or damages available to ~ Slate at laW or at.etiuIY.

6)

In the event ~ a ~ conIIador .....
to . .:.... for8lPf
and .. damages incurred by the State inducing ~not .nIW to
~ Of PrisonerS."adiwIIioo..of1he" Nr.ic.... Q ... ·OrQ oIier state
agency, expeOsea inaJned bY the State to . . . . . Ndly. and any and aI
8IJCP&I:'I. Incurred by the State to incaroenllB 1M PIitIoI. . . which exceed the
amolI'It the State ~ have paid COIIIIBCb' URder this Connct. ,

",,

tie'"

:;:-'

-

G.

Partial Takeover
1)

The State may. at its convenience and without cause, exercise a partial
takeover of any service which contlaCtor Is obIigllted to perfonn under this
Contract, inclUding but .not limited to any service which is the subject of a
.subcontract between contractor and a third party. although contlactor is not in
Breach (hereinafter referred tQ as "Partial T~). Said Partial Takeover
shaft not be deemed a 'Breach of Contract by the State.

2)"

Contractor shal be given at least thirty (30) days prior written notice of said
Partial Takeover with saki notice to specify tbe 8I88(s) of service the State
wftI assume ai1d the date of said assUmption.
.

3)

Any Partial Takeover by the State shaH not alter In any way contractor's other
obHgations under this Conlracl
•
33

4)

5)

H.

The State may withhold from amounts due contractor the amount contraCtor
would have been paid to deliver the service as detennined by the
Commissioner. The amounts shall be withheld effective as of the date the
State assumes the service. This provision shall not be construed to prohibit
contractor from appealing the decision of the Commissioner to a presiding
legal authority after exhaustion of the administrative process in AS 36.30.620.

(~)

Upon Partial Takeover, contractor shall have no right to recover from the
State any actual, general, special. incidental, consequential, or any other
damages whatsoever of any description or amount
.

Tennlnatlon Due to UnavailaltlHty of Funds or Court Order.

With the exception of payment for services already rendered. the payment of money
by the State under any provisions hereto is contingent upon the avaIablIlty of funds
appropriated to pay the sums pursuant to this ConIract. In the event funds for. .
Contract beoome unavailable ~ue to non-appropriatlon, or If the Slate is order8d not
to transfer Prisoners to contractor by a court of compeI8nt jurisdiCtion, the State
shall have the right to tenninate this Contract wiIlout penalty. upon the state
I8bIIcIng aI Prisoners from contractor and payment of all amounta due under the
ConfIaQ.

,

,..,...F1i4

RFP .. 2GOI-28OO-45441 ConncII2054881

34

fbwIc8. AIU"

.

.•

SECTION FOUR

~. )
.....

4.01

Introduction and Background Infonnatlon

The Alaska Department of Corrections requires an adult multi-level custody secure
prison faCility with program services. The Facility must be accredited by ACA within 24
months of the Service Commencement Date.
The department requires contractor to provide a taciIity and services to accommodate a prison
population of a minimum of 500 male multl-eusto4x, level pri,oners. with expans4gn
Potential to 1,qpoJor mere~.Prisonersmust be hauled in a single facility. Per diem rates wit
be negotiated and the use of multiple facilities are subject to mutual consent for placements
exceeding 1000 prisoners.

The approximate prisoner custody level populations for the contract facility are: 1%
.Maximum, 37% Close, 34% Medium and 28% MinImum. These are SUbject to change
depending on the needs of the department

The fadIIty must meet the needs of the State to meet its goal of providing safe and 880019
00necI0naI aeMce8 to the State of AlaSka. The conIracIor may refuse. to fIIIcie speGi[fic
prisoners and or~themback to Alaska onIyfprlorwrilten approval is~ fIomthe
Dir8dor of Inslilutions.
,

4.82

Daflnlliens

J

As uaed in this soIiciIaIion, the following terms he~ the definition set opposIe each term.
-A"A"''''''' -

The

A__

-=- ,,-_...Q-._..I
A.---...:iaIio
~H8~.

1'V11OI .......

~ Standards- - The Slandarda for Adult ComdonaIInsIitutions published by the AMerican
Conectional A8sociRon. (FouI1h EdItion and StandIId8 Supplement, and as the standMI8 may
be
modified, amended. or supplemen~in the fi.iII.Ir8).

-Acute condition- - An Immediate or severe epIaode of ~ or the treatment of Injuries
related to an accident, trauma or other imp8innent or during recovery from SUIgery.

-Authorized ~8- - Any person or entity duly authorized and designated in
writing to act for an on behatf of a party to this agreement or contract. which designation
has been furnished to all the parties herein.
-Chronic care- - A pattern of continuous medical C8I8 that focuses on prfsoneI8 \NIh
longstanding or persI8tent disease or health condttIQns. It Includes care specItc to lie
problem as well as other measures to encourage 88If-care, to promote heaIIh and to
prevent loss of function.
.
-commissioner" - The Commissioner for tf}e Alaaka Department of CorrectIons.

-COmp8ance Office(" - Title has been changed to -scandards 0ffIcer.35

·Contract- - The signed agreement for services. A copy of the RFP will be attached as
part of the final contract. The contractor-s proposal will also become a part of the final
contract.
·Contract Monitor-" - The person(s) designated by the Department of Corrections to monitor
operation of the Facility for Contract compliance and/or to assist in the coordination of
actions and communications between the Department and the contractor.
-Contractor-" - The contractor awarded the Contract develop and/or operated the Faality as
described in this contract.
-Correctional Services- -:- Those functions set forth in the proposal.
-COurt Orders- - Any existing or future orders or judgements issued by a court of
competent jurisdldion; or any existing or future stipulations. agreements. or plans entered
into In connection with litigation which are applicable to the operation. management or
maintenance of the facility or related to the C8I9 and custody of prisoners at the facility.
·Custody Levels- - The custody levels specified In Alaska AdminislratJve Code Regulations

-oepertment or DOC" - The Alaska Department of Corrections.
'DirecIo(' -

The Direcmr of the DiVision of Institutions for the Alaska Department of

Conectlons.
~rnrmyee·

- An employee of the conkactor or a sub-contrador providing services under

theConnct.

-effective Date of Contract'" - The date on which the Contract is executed:
. ~ - ArPJ 8igniIcarit di8FupIion ofnonnel fadIity procedure. policy or actiYity
caused by prisoner diIUbanceS. work or food strikes. food bome loess. escapes. fires,
natuIaI disasters or other serious incidents.

The 111$dicaI.. or surgical care ~ to treat the sudden onset of 8
potentially life or Urnb threatening condition or symptoms which must begin with 12 hours
after onset Heart attacks. strokes, poisoning, loss of consciousness or ruspiration. and
conwlsions are emmpIes of med"1CaI care emergencies.
~ergency care- -

-,=acIIity" - The fully equipped and fumlshed correctional faclity to be designed.
constructed and/or operated by the contractor. This indudes housing unlbi, admlnfstnlltive
ofIices and aU other strucIwe and improvements of ~ kin4, including but not limited
to 811 eupport bulklngs, roads. fences, and uIIity systems; for the incaroeration of prisoners
assigned by the Department

-'=iscaI Year'" - Each one-year Period beginning on July 1 and ending on June 30, that Is
used for budgeting and appropriation purposes ~ the State•

. RFP. 20054000-45441 eo.UcitI2054881
'.

"

36-

()

.
.-"'Force Majeure- - The failure to perfonn any of the terms and conditions of the contract
resulting from acts of God.

'. J
-'

-Indigent Prisonef" - a prisoner who has less than $20.00 available in his or her account
and who has had no more than $50.00 in his or her account during the preceding 30 days.
A prisoner with more than $50.00 in his or her account during the preceding 30 days will be
considered indigent if no more than $50.00 remains after mandatory deductions
(restitution•.or civil judgements) or deductions made for educational materials or courses.
counseling. or health care.
·'npatient Care- - Health care received by an prisoner admitted to an institution licensed
and operated pursuant to law which is primarily engaged in providing health services on an
inpatient basis for the care and ~bnent of injured or sick individuals through medical.
diagnostic and surgical facilities.

l..ethal force- - The fo~ a person uses with the purpose of causing or aeating a
substantial risk of death or serious badDy harm.
-Uajor mental Hlness- - A prisoner will be identified as having a major mental illness if they
are presaibed ps)dloIropIc medication.
"'

~ caf8- - AII"oin Iud is not claSsified as emetgeney care which Is routinely
required by operating atandaIds.
~ - NdoneI.~care

Health Commiseion

-WITA'or ITA- - Notice d lAtent to AwaRf or Intent to .4\ward

care- -

~
He8IIh care ~ when the pfisoner rumains ambulatory and is not
kept'in a he8Ith C8f9 faoMy overnight.
.

?aide Board- - The Al8~ P8I~ Board including current members of the Board and the
staff assigi1ed to the Board.
-Per DIem Rate- - the chalge per prisoner per day. See also Section 3.10.
.

""

-proposar -

The Proposal (or offeror) together with aR appendJces and addenda ther8to.

including the Proposal Package.

"

Any person committed by the courts to the DOC and assigned by the DOC to
the FacIUty.
"
-p,jsone(' -

Eadl 2-' hour pefiod a prisoner is admitted to the F~. plus the first
day of inca(C8f8tion. but not the last. See also Section 3.10.

-p,f8Ofl«1H' Day- -

-p,jaoner Welfare Fund-- A special fund created for the" benefit and general welfare of the
prisoners at the Facility.
-Reimbursable medical costs- - Those medical. dental. and mental heaJlh costs payable by

DOC.

ARt. 2CJ0i4ii0"0i541

ContnIct iii548i1

37

·RFP or Request"" - The Request for Proposals. together with all amendments and
negotiated changes that was utilized to establish this contrad.

()

·Service Commencement Date· - The first day that Prisoners are received at the Facility.
·Standards· or ·Operating Standards· - The standards described in the RFP and the
Proposal. including without limitation. applicable federal. state and local laws. codes,
regulations. constitutional requirements. Court Orders, ACA and/or NeCHC accreditation
standards. Department policies and procedures set for in the ap~ndix. as revised. or
made applicable to the contractor at a later date by written notice from DOC. If two or
more Standards are in conflict. the more stringent shall apply. as determined by DOC. If
any provision of the Contrad is more stringent than an applicable Standard·or Standards,
as detennir1ed by DOC. the Contract provisions shall govern. DOC may require contractor
to provide documentation justifying any potential cost increase resulting from policy
changes. By mutual agreement. cost Increases may be compensated for by an Increased
per diem rate or by lump sum payment. The contractor shall not be requhd to supply
additional services at additional costs unII the parties have reached a mutually satisfactory
agreement reganHng increased compensaIion. DOC shaH require a reducIIon in the per
diem rate if new policies or dIrecIives arB Implemented or any changes In ~ or
dir8ctiYes reNt In the nKIIldIon of services. Such a reduction shell be negoIIated between

the parties. Prior to any increaee in per diem or request for lump sum .payment. DOC must
approve.

.

-standaIds Officer"- Formerly kncMn as -compHance Officer".

-smte- - The Slate of AIaaka. or the AI8ska Department of Corrections.
·Subconlract" - Any agMem8I1t·enterecllnto by the contractor wiItt another entity to plOVide
services and supplies to- perfoI RI coNnIct services.

-unforeseen CiroomslallcBs· - Those ads or occunences beyond the I888Oa8bIe
contemplation of the parties at thelme of the execution of the contr8ct which mafBrJally
alter the financial conditions upon which the Contract is based. This is provided that such
acts shaI not Include acIB wfthin the control of the party daIming an unfor8leen .
circumstances or cIlangM in law or regulation. Unforeseen cln:urnStances shall Include
. the falure of the Legislature to appropriate funds.
'\Jrgent care- - Care ~k;aIIy necessary to prevent deterioration, other than normal

•

aging. of a prIsoner's hea~ that results from an unforeseen illness or Injury and the care
. .
.

cannot be delayed.

4.03 Administration
A. .

Qua~

')

t .

of Warden

The Faclity and Is oorrecIIon8I services shall be managed by a single execuIIve offtcer
employed by the oontnIctor. WrIten policy and procedure shall provide that the facility
Warden's office be IocQted wiIh the facility and that hlsJher posiIIon be 8 full-lme
888ignmet:ll He/she ~I be required to personaHy inspect and .revlew the facity and all

,

.

operations on at least a weekly basis. This facility inspection requirement cannot be
delegated to subordinate staff. Documentation of such reviews shall be maintained
including action plans to correct any noted deficiencies: The Warden shall be
empowered with full authority to act for the contractor, and shall be responsible for aft
facility employees and subcontractors.
The Warden shall possess a Bachelor's degree for the equivalent from an accredited
college:

AND EITHER:
Four years of experience as a Correctional Officer III or Adult Probation Officer III
with the State of Alaska or th~ equivalent elsewhere;
OR
Two years as an Assistant Correctional Superintendent with the State of Alaska or
the equivalent elsewhere.
.
Bachelofs degree substitution:
Work experience perfonning the full range ~ security duties in an adult conectional
JnstIfuIIon. or performing ~ probalon or parole dulles In a community. Will

substitute for the AMPdIed educaIon (3 89IneIter hews or 4 quarter 110ws equeI one
month). The work ~ II met by seNice as 8 ConectIonaI Officer Hor Adult
Probation Officer II wiIh the State of Alaska or the equivalent elsewhere.

•
There is no substitution for tile specIftc experience.

,

'.

8.

AccrediIation

.

.

The contnldDr ahal aehIeve ~ aM NCCHC aoa.utallon of the FaeRy. . . .
twenty-four (24) months·oftha Selvice CommerJC8lII8m Date. Thef8aIer
aocrediIatJon shall be'coRtinuouaIy maInt.UIed for the term of the Contract. Failure
to do 80 could I98UIt In termination of the Contract.

c.

Policies, Procedures and Post Orders
The contractor shall develop and submit to the State. fortlle State's approval. no later
Ihan 60 days after the Service Commencement date1he following:
•
•

D.

a faclity policy and procedure manual that covers the fuU range of Facility
operations.
Post orders for security staff must ~ by post and shift and be maintained and
updated annually.

Meeting 81888
The contractor will provide 8dequate facilities for meeIJngs and hearings will the
Department authorllles, Inchdng the Parole Board and legal repllMel ItaIIwMa of
prisoners. At the request and expense of the State. the contractor shaD provide
telephonic or video access for such heartngs.

RFP. 3J05..2000-4544/ ConIract ~1
.

·39

• E.

Non-Smoking
The Facility will be non smoking for staff and prisoners.

F.

Self Monitoring by Contractor
The contractor will be responsible to establish a process for self-monitoring the
facility operations to ensure compliance with all applicabfe ACA and NCCHe
standards, DOC policies, state and federal laws. and all applicable health and safety
standards. AU monitoring reports and copies of corrective action plans wBl be
forwarded to the Contract Monitor and the Director of Institution within 30 days of
the monitoring.

G.

Contract Monitor
The State will be responsible for the costs of contract monitoring. The Contract
Monitor shall have access at aN times. with or without notice, to prisoners and staff,
aU areas eX the Facility and to inspect all documents and records-relating to the
Contract and the contractots performance. This includes employee qualifications or
the requirements of training. di8cipllnary records relating to serious Incidents and
security IRaches and reports krIpt bythe ~ concerning the operaIion of the
Facility. The conbactor shaI permit the
Menitor and auIhorized
representatives to make and remoY8 ocpies°of records. The cor*actor shall obtain
written waivers from its employees'permIting the Contract Monitor to review
employee quaIiIicatioA8 and diecfJ6tary~. My suCh'~or~
shaD be In.slrict compPance wiIh privacy rights, and shaH be kept confideriIiBI. '"
Documents excluded from DOC -=ces8 Include: financial discIosur8s in WoI8tion of

eo..1Id

{',
\

s8eurities reguldoils. Informaloft ~ 0Iher customers. cOrporate .';'.0 '0 '
that might include Florence but aI8Q oOter facIitiea" and empIoy8e
bel. .

-SlY"

information in excess c:A what Is . . . . . for·pWposes of Section 4.04A. DOC wII
not be IimIBd access to records that it feels are necessary to monitor the
contracto(s obligations under this contract.

H.

Office SpacelFumlshings
Private oftice apace shaH be made avaIabIe for Alaskan Probation 0fficeIs. ~
office shaR be provided with desks, chairs. and accesa to a fax I telephone I and
computer lines.
'

I.

Department of Corrections Policies & Procedwes

•

The administration and operation of the faclity must be in accordance with certain
DOC PoIicles. Subject to the pruvI8IOne of.the Contract. the Facility shall adopt and
follow the departmenfaI, policies and procedures and any subsequent Dlrec1N88 or
policy chansies. DOC may require contractor to provide documentation jusIfying any
potential cost Increase resulting from policy changes. By mutual agreement. cost
Increasea may be compensated for by an Jna8888d per diem rate or by lump sum
payn:aenl The contrador shaD not be required to supply addiIionai services at
additional coeIs until the parties hav.e reaChed a rnutuaDy satisfaclory agreement
regarding inCl88sed compensation. DOC shail require a reduction In the per diem
RFP • DS-2OCJO..4544/ ConInIct 1:2854881

~

.

"

}n
\:!)

rate if new policies or directives are implemented or any changes in policies or
directives result in the reduction of services. Such a reduction shall be negotiated
between the parties. Prior to any increase in per diem or request for lump sum
payment, DOC must approve.
Prisoners from other Jurisdictions

EXHIBIT: ·C·

Prisoners from other jurisdictions wiH not be housed in the same living units as
Alaskan prisoners without written permission of the Director of Institutions.

K.

Photographing and Release .of Information
The contractor shall not I'8Iease to the public any information. records or other data
concerning prisoners. The contractor shaH not release to the public personal
histories or photographs of prisoners or inforrna1lon concerning the prisoner's
delivery. removal. intla-lnstitutional transfer. retaking or rBlease. The contractor
shaD permit reporters or photographers to interview or photograph prisoners only
with permission of the Director or Insti&utions and ~ with DOC 808.02.
PrisonedMedia Contact. The contractor may reI.Me prisoner information under
exigent ciraJmstances without first obtaining p
i8n frori1 the Director of
JnatIuIions. but only for emergencies affectiIl9
public (i.e. escapes.
hosfage situations. major disturbances. etc.). See. . Section 1.20.

L

)

Incident Reporting

'Iff.

All ~ 1. 2 ~ 3 incidences as desamed In.'.~'•.
5-1 require Immediate
"&phonic ncdication to the Dinicb" of IMtIuIiI.....~n.·.-otmctormay . . CCA
form fS.1G ~""'18IY klCident I Situlllon
Hirn·". ~ include pedineIlt
backuP) Ie) raport the irIc:irMnt to the DOl. The i,i1~UIt~ form shall be
sublTlIIIted timely after telephonic not.iIication haS 0CC&ImIld. The Department may
inV88tlgate any incident ~ing to the performance of the Contract.

No«

M.

Other reports
The Department and the CQfloctor will establish a syaem for regular monthly
reporting of information including but not 11mfted. to inddents of foR:e being used.
:medicaI tran8pcIrt&. gnevances.·staff"vaeatlcies . .

" N.

Public Information and PublICity
Contractor may ralease any non-exempt pubrlC record Information which it
possesses regarding DOC prisoners. Contractor wiI not release pUblic record
infOrmation which Is exempt from public discIosln. or any 00fl1K.IbUc r8COrd
Infonnation which it possesses regaIding DOC priIoners. Contrac*x' wi rerer to the
"DOC requests for public Infonnation which it do88 not po88ees. public record
informaIion' which may be eXempt from public dIscIoan pursuant to Alaska laws.

and 'J1OIl1)UbIic infonnation.

AdtA ....... F..-,

FIDnIace. AdrJI. .

·

Contractor will comply with DOC Policy 808.02 Prisoner I Media Contact with re9~rd
to all public infonnation release and prisoner access to the media. Contractor will not.
knowingly subjeCt any Prisoner to unwanted publicity.
Nothing in this section prevents official use of any infonnation regarding a .prisoner.

n\

V

Please also refer to Sections 1.20 and 4.03K.

4.04

Staffing and Human Resources

A.

Staffing PlanNacancies
The contractor shall maintain a staffing plan and organizational chart that fuDy

describes th& fadnty organization and the relationships between functions. services
and activities. The staffing plan shall identify any vacant or essential positions
including but not limited to case management. medical. food service. programs and
security. The plan shall identify all security post assignments for the operation of all
shifts. Including any outside or off-premise assignments. The plan shall identify the
minimum level at stafIing that would be maintained on a daly basis for each

funcIIonai area (See Appendix F).
In addiIton to remedies provided in the contract document, the DOC may deduct
from an iIwoice the contractors' cost of any vacant posIion. -Vac;:ant posiIien~ any actual vacancy in a staff position In the Institution engaged In the
deliverY or. . .art.of the operation and management -.rYIces II•• ailed in the
pmpOs& ·,It-also lDdudes a staff posiIion that is filled wIIh a pais R who." not
pass_lIS the baInino. 1IcensurB. or CI8dentiaIs to perfonn the ru.ctIoR. ~aaMt
poelllon- dees notlnclude a vacancy in a posIion if the' Willi. . -.agieS far1he
aentIce to be ptOfided by anoIher appropRaIBiy quaIIfted .......... so long 88 the
service is aduaIy provided on 1he shift or during the hoUI8 and In . . m8nner
Irdended by the COntract This adjustment shall not be ~ a fonn of
liquidated or actual damages. but Is a wiI1hoIding of pa)tI'Ient for' a ~ not
received. Nt« tf*ty days. a position that is actually vacant may also be subject to
an assessment of .non-compRance remedies with written noIice.

If the contractor,f&Is to fBI a position as required or wiIhIn the specjIed tIme-(mme. the
monetary dquklriIad damage shall be equal to one and one-haIf .(1 %) lin•• the
dally value ~ the salary and benefits for the position fer!!M1!lulg the position Is
not tilled afterthe expIratIOn of the' CUM period. The remedies desaIJed herein shaIr
'not be· cumulative. Upon commencement of liquidated damages. withholding of

payment shaH cease.
All posIIJona idenOfied In the stafflrag plan wII be assumed to be 40 hours per week
unless otherwise stated. Unless expressly staled. key supervisory poeiIions
identilled wIH be assumed to be occupied by persons whose duties and
18SJ)OI18IbiIII818 exdusIveIy associated with the management of Alaskan
prIsonens. The Contractor wDI be responsible to report the vacancy rate monthly on a
fonn provided by the State.

42

0

.

,

)

B.

.

. The contractor must maintain a contingency plan covering work actions or strikes
and include this as part of their personnel manual.
Staff QualificationslPersonnel
The contractor shall maintain job desaiptions and qualifications for all facility
positions. including the Warden.

The contractor shall provide personnel to deliver twenty-four (24) hour care and
supervision of prisoners. as well as administrative. treatment. and support service
personnel for the overall operation of the Facility acoording to the staffing pattern
(See Appendix F).

No changes In that staffing pattern may b8 made except by written agreement of the
State and the contractor•. At.least thirty percent (30%) of the Contracto(s security
personnel shall have a minimum of one year of experience In law enforcement or
corrections as of the Service Commencement Date. This level shall be maintained
for the duration of the contract. The contractor and DOC wiU work together to adjust
the staffing pattern accordingly If the prisoner population changee significantly rLe. a
cIecreaae of 160 prisoners for a period of 30 days or more•.or a decrease In
population that it Is ~ to close one or mont housing unIB}.

:J

Daily. COI18CIionaI . . , assignment rosters that I8ftect both scheduled and actual
assignments. by shift and for each post, and for medical fbIf shall be mailltained tor
the facility.

c.

PI9 employment ~
No applicant or subcoa~ahaR ~ Offered empIo)4meJlt or acet'JSS to the racay
until a criminal backgnu1d check, ~ ~ cheok. refeIwIce check.
and a pnHmpIoyment drug acreen, at rninmurn. haYe been submitted, verified, and
proces.ed byfhe contnIdor. Staff having.diIect.Jnvolvement wilt the op8IatiOn of
the faclily must ~ ~ ~ oonvict8d of a felony or a crime hwoIvIng moral
turpitude (no exceptions). AD procedums. forms, etc. wII apply equaIy to allevels of

employees.
Periodically all employee's aiminaI history will be rechecked.
D.

Personnel Records

The contractor shaD ,.intaln a personnel file for each employee that contains
records of the background 1nve8tigation, dates of employment. Dining records,
perfonnance objectives and appraisals conducted at least annuaIy. dlscIpInary
actions. commendations. and related recorda. Nt flee (reootds) &hall be ace• •1lIe
to the employee and the~. PenIomeI r8QU1remenCs of the contractor shall
convey to aD on-site ~ personnel and wlunteer8.
E.

Code of Ethics and Standards of Conduct

RFP • 2005-2000-4544/ CoAhct tt2054881

.

The contractor shan adopt and assure compliance of policies and procedures sitnilar
to DOC Policy and Procedures 202.01 Code of Ethical and Professional Conduct
and 202.15 Standards of Conduct. The contractor shall submit their related policy
and procedures to DOC for review and approval. The contractor shall notify
()
employees and subcontractors of the standards of conduct and document this
information in the individual's personnel file. The employee shall sign an
acknowledgment form stating he/she understands the standards of conduct.

If any employee of the contractor violates any of the rules or standards set forth in
the DOC ethics and standards of conduct policies or the equivalent cOntractor's
policies that have been approved by DOC: the contractor shaD immediately apinise
the Director of Institutions by telephone, f ~ In writing within 72 hours. DOC
reserves the right to exclude from working with Alaska DOC prisoners any person
deemed by the DOC to be incompatible with the goals, misSion, security or safety of

its program.
F.

Drug-Free Workplace

The contractor agrees to comply with all applicable federal, state, and local laws
relating to malnlaining a drug-free wortcplace and further agrees to require aN of its
8Ubcontractors to comply with the same.
G.

Personnel Policies

The contractor __ maintain written personnel poIcies avaBabIe to·aU staff and
accessible to employees. The policies sha118S80r8 equal employment
opportunities. &wid any disaiminaIion. addMss I*iAg practices, promotioIas.
grie\WlC8 procedures, staff development. perfonnance appraisals, benefiIB.
di8ciplin8IY pruoedures, and terrninations. "These documents shal be reviewed at

c-)_

least annually.

H.

COllective Batgainklg Agreement
The contractor 8haII include in any CoIective Barganng Agreement applicable to
the FacUily. a provision that no ~ wII be held during the tenn of the Cor*act. It
shall also include a provision that neither the Union or Management wiD cal or
support a strike.
In the absence of a Collective Bargaining Agreement. the contraCtor shall require •'
their employees to sign an agreemenllhat they shaI provide unlntenupted service
In return for adequate consideration including a grievance procedure and shall not
strike or interrupt service without 10 days notice.

4.05 Training
A.

~ ~ Requirements

The contractor shaH provide pre-servlce a~ In-eervlce training for _ of lis
employees and subcontractors that Is in compliance with ACA and NCCHC

.

•

standards. The contractor shall submit its initial and in-service training plan to the
State for approval within 30 days after the Service Commencement Date.

)

All required training shall be at the contractor's expense. Annual re-certification will
be required for unarmed self-defense. Use of Force and First Responder Training.
Annual training plans dasaibing course contents and time to complete each course
will be submitted to the DOC Training Academy for approval. First responder
training is to consist at a minimum of basic life support and automated defibrillator
courses.

DOC shall provide specialized training for the contractor of no more than 40 hours in
such areas as case management. discipline etc. The State reserves the right to
wIttihordfunds from the contractor for such training if it is the result of excessive
turnover. Excessive tumover Is defined 88 more than once per year. The contractor
may request at its expense. additional training to supplement the initial training
provided.

B.

Training Coordination and Reporting

The contrador shal designate a staff member to coordinate training delivery.
HeI8he &hal be responsible to maintaiA lesson plans for: aU training sessions.
. maintain training flies for each employee. document faiIure..toiJ8S written or
proficiency tests and certification criteria.

c.

---

Other training
The contracIor shaD provide Disturbance Control training to appropriate sIatf.
CertiIied insIruak)rs wiI be utiItzed to conduct the em8igeftey.tndrdng. The use and
canying of weapons for trailing 8haJI meet aD fedenil. slate and local laws m1d
regulations.
FuU time staff working the segregation or maximum security unibs will receive 8
hours of specialized training in working with segregated prisoners.

4..06

FIscal Management PractIc8s

A.

Indigent Prisoners

The contractor wiD provide for the needs of Indigent Prisoners consistent wiIh DOC
Policy 808.12 Photocopying For Prisoners. 810.03 Prisoner Mal. and 806.02
Prisoner Hygiene. Grooming and Sanitation. See Section 4.02 for the definition of
-Indigent Prisoner".

B.

Prisoner Welfare Fund
A Prisoner We1far8 Fund WI be maintained for the beneIt of prisoners consistent
with DOC Policy 302.10. Prisoner Welfare Fund. If approved In wriIIng by 1he
DIrecIor of Institutions. profits and commissions generated from commlssaly
operations shall be placed into this fund upon receipt.

RFP j

2CJ05.2000-4644/ Coullacl12054881

.cs ..

Adult...... FIdly
FIaNIIC8, AIImA&

.
-,
An accounting of all income and expenditures for this fund will be sent to Alaska
,

DOC monthly. Should the contract be terminated or prisoners moved to another
facility operated by the contractor. DOC's proportionate amount of the remaining
funds will be transferred to the receiving facility.

C.

O~,:

PrisonerTrustFund

A prisoner trust fund for each prisoner win be operated in accordance with DOC'
policy 302.12C. Offender Trust Account. All prisoner earnings. proceeds from aaft
sales or monies received by the prisoner will be placed in the fund to be used solely
by that prisoner.
Procedures will be established for transferring funds upon a prisoner's release from
the facility. transfer to another facility or when a prisoner reQuests a funds transfer to
- an outside source. Transfer of funds shall occur within 5 working days of the
prisoners release. transfer or request for funds transfer.
.
General a ~ accounting procedures will be followed In managing this account
DOC wII provide periodic training to CCA staff'in proper prisoner trust fund
accounting procedures.

D.

Gate Money
The department no longer provides gate money 10 its prisoners. If 1hie r&qUi8ment
changes in the fuIur8 the contractor wfH provide gste money consislent'" Alaslca
DOC policY.:'" isd."mlned that compensation Is AJqUIred forthe contracb"'to
Implenmlllt the dilectives or policy changes. the compensation may be in the form-of
an .inClea. a in the per diem rate or a one-time lump SOO1 payment. TheOJllllacmr

. --)
(-"

shaH not be reqund to supply additional services at additional costs unll the pat1ies
have reached a mutually satisfactory agreement reg&ldlng Increased compensation.
E.

Prisone(s

FlMlds From Outside Sources

Pri80ners 8t'8 permIted to rsceive funds from outside sources. Outside funds or
those generated fIorn work may be used to pay for producis and services ftom the
commissary or outside vendors as allowed by the contractor.

F.

' Prisoner Pay
Prisoners shaD rsceive pay consistent with that received by pri80ners In Alaskan
DOC faclllies. DOC Policy 812.02. Compensation for PrIsoner Produced Goods and
Services shall be followed. Funds for prisoner payroll shall be Included in the per
dieI11rate. DOC and CCA ~ that inmate wages . . be capped at no more than
$1.52 of the daly per diem rate. and CCA must maIAtaIn at least a 70% par1icIpa6on
rate for WOItdng Alaskan prisoners. If CCA Is not able to maintain 70% minimum
partIcip8IIon b8cauee of ~ refusal to Wort. CCA must document In wriIIng
each IndIYiduaI prieoner's refusal to participate. If the facIIty has a ~
Industry program. funds for prisoner pay s~11 come from revenue 'generated by that

program.

RFP ., 2005-2000 4144/ Coi*ec:t 13)54881

.

-

.-

(

·

Per DOC Policy 304.01 Prisoner Wage Disbursal a percentage of prisoner wages
must be withheld and placed into a non-interest bearing trust account for prisoner
use upon their release. DOC Policy 304.01 must be followed, no exceptions.

...

)

Compensation for working prisoners is to be for actual hours worked (not
automatically assumed as eight hours per day. five days· per week).

G.

Prisoner Club funds
The contractor shall establish prisoner accounts for the exclusive use of prisoner
interest groups (i.e. cultural clubs. computer users group. cable television. etc.).
The funds for these accounts must be held in non-interest bearing accounts.
Reporting and internal control shall be done in accordance with DOC porleY 302.10
Prisoner Welfare fund.

4.07

Prisoner Management Practices

A.

Prisoner Communication

The oontJactor shall make available to prisoners Wi ittsn communication fonns for
the purpose of contacting staff to resolve questions and problems. The oootracfo(s
staff shaH provide timely answers.

B.

Prisoner ReceptIon and Orientation
All prisoners arriving at the facility will be stri~ by a person of the same
gender. The intake PfOC88S shaH include at a minimum. medical and social
saeening prior to the prisoner's release to general population. See also SectIon
4.14 (A).

c.

Rules and Discipline
The Facility shall have formal. wriUen facility rules and a discipline system. A signed
acknowledgment for reoeipt of rules Indicating the prisoner unctenstands their
content must be kept In the prIsoner's file. DOC policies 809.02 ProhDted COnduct
and Penalties, 809.03 Reporting" Procedure for Rule VIolations. 809.04 DiscIplinary
CommitIee HearIng Officer and Basic Operation. and 809.06 Disciplinary Appeal
must be foIowed.
All discipline impoSed must be reasonable and proportionate 10 the violation.
impartial and t1OIHIisaiminatory, neither arbitrary nor retaliaby, not physically
abusive. Accurate. deIaIIed reports must be maintained. Only DOC dassification
staff may deny statutory good time.
Facility staff will be trained by DOC in the Disciplinary process. Only trained staff
may conduct disciplinary hearings.

D.

Housing of Prisoners

47

E.

Prisoners wUl be assigned to living units based on the best judgement of the. ChI8f
Administrator, or Warden. Alaskan prisoners shall not be housed with prisoners fro
other contracts. unless approved in writing by the Director of Institutions.
•
-BXBZBZ~: ·CCC·
Prisoner Grievances
---

c=>

Prisoners shall have the abUity to air grievances related to the facility conditions,
services, and treatment in accordance with DOC policy 808.03 Prisoner Grievances.
The contractor shall ~, at their~, someone designated a8 a Standards
Compliance Officer. The state reserves the right to place a Standards Compliance
OffIcer at the Facility at the'State's expense. If the State places a Standaltls .
Compliance Officer within ~ contractots facility, private office space shall be made
available for one (1) employee. The office shall be provided with desks. chairs, and
access to a fax I telephone I and computer rUle.

F.

Prisoner Death

In the event Of a death of a prisoner, the conhetor ~ immedi8teIy contad..,
enforcerRent if it appears airilaI ~ ... ~ . For soy deaIh the DIPrNItl:Jr
of the DivisIon of IneIIIutions'" be no.edlmmediately. OOC will be
to
notify the next of kin. .
.

..,1......

The costs (Jf diaposition of the body ~ be bo~:bythe DO'C. The 00I'lfraaIgr-~.
~ ~ obtain a certified copy,eX ~~.Ceiilcatu and.forward IlB OOC.

G.

Research
•

•

to

:.

....

, ~. .~. ::::f. " .;~ . .

.

.

•

•

.;;.:

•

~.

...t:.

:"-1. ' .

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

.

'
•

•

•

.=~ bJlle~~.'IItMlwilhDOC PaliBy~.!ol2
H.

Use of i=ofCe
The ccAracIDr . . . use their Use of Force'Poky 9-1 dated Dec8mber 1, 2002 to
Include the ftegotieted Attachment C that apecifies.flO warning shot \WI be fired •
fCC. If the ~.requ~ 10 use 8R aII8m8tive pOlicy, this must be a,proved

In WIiIng.llythe Dir8ctor of IMCIIuIianL FaIIoMiinI·any ueedlorce, a mecIcaJ
8Y8Iu8Iian wit be conducted on the. pitsoner and aAlpCXt wII be.placed in the
prisoner's medical chart.
I.

Escapes

It Is the conIractor's responsibIily to prevent .capes from the Faclity. Law
811forcement and the DIrector of InstIIuIIons , . be immediately notified of an
absence or escape. The.contractor wiD be expected to develop n Implement 8
written agreement and pr0cedur8s with local law enforcement to facIitate delivery of
support 88I'Yices.
'

FIoI-..e:e. .ta

b

In

. \...)

,~
.

.

The contractor shall engage in hot pursuit of escapees only on the grounds of the
Facility. The contractor may assist law enforcement if requested and appropriately
trained and commissioned.

""

I

'

:J

Periodic driUs.shall be conducted.
The contractor will be responsible for all costs involving the escape to include
returning the prisoner to the State as directed by DOC, and any costs paid to law
enforcement agencies. The State shall be resPOnsible for returning escapees from
other jurisdictions provided that the oontractor shall reimburse DOC for the expense.

J.

Arrest Authority
The oontractor will comply with all state laws regarding autilority to arrest The
.extent of arr.est authority wII t;le documented in writing by "'e law enforoement
agency ~ jUrisdiction. ThIs doCumentation wII be forwarded to the Director of
In8tiIuIions within 30 days of the Service Commencement Date.
.

K.

.

DelIvery and Relum of Prisoners
The Stata, at its expense. ~ delver the prisonel(a) to the agreed upon airport and

aiItodyof ~ . ., _.._ . . an auIh,' ated copy dthe ni_liU8 or
oIJer oornrnilment order. . . any~otIiciaI ~ or dOcuments atdhorizIngconfinemenl TheSt8ie.·.naoU.......--. . . . . .: .
,\'. ~ fromAlaslc8'loand .
._~.~~~_~. .i.g;p.. 0.o.t. y
.
'. -:.~.
.J: ;
~ ~&"'"
Jf~ .. ~. I:.
.,.;..
'". .;~~!i.~ ... ,:~A:.
... ~
: ..
.
.
. ~
.~.~ t4the OOc~·wII ~ to'State nhysical aJ-'-Iu of
..' ~
.t

)

...

·~_~Iiii{ . ~.~ .', :.....
'.

t.

":_~"'~

. . CIIdef'ofa oaun

s~wOurdc8usethe~~~

"i.~'
of 0GMjI~~.

-.

-':'" .

.

-

:.

.;

1) Should a .~~ be I8Ilm8d ~ 1he Stale as a result d an action by.the
cOntAactor's SIBta LI;..... S&at8 CGUIt, or other &II.... enIty which' prereida
prison8r's corifin8rnent at conbactor's facBity, contractor shall be ~
t;he cost of transpoItaIoo.

for

2) Should the faCIity become unusable, In wOOIe or In part. and the DOC prisoners
.are bansfen8d to anoIIer faciIty chosen by DOC, contracfor will pay such
. transportalion C08bs. This Agreement wiI theA be appropristeIy rnodiIIed to
reflect the impact of an)f such change in facilfty's use.
3) In the event of fire. natural disaster, or other emergency situation that would
require the Irnrnedtate transfer of Prisoners to another sec:ure facIIiIy, contrador
may ~ such facIIIv and shsIlranspoIt prieoners to such faciIty. as
necessary to 8Il8UI9 both 1he safety and seadv of prIeonera. Under such

clrcumst8nces. how8v8r, contractor &hal noIfy Doc inVnediateIy, or In no C888
in mol'9 than 24 hours, of such an emergency transport. If this faclity is not
acceptable to DOC. aubeection 2) above shall be Implemented in a reaeonabIe

and timely maooer.

AtIuII ....... Flal.

.

~:

..:: .

I

4) The DOC requires all beds to be provided at a single facility (for 1000 prisoners
or less). However, it is an anticipated amendment that upon mutual agreement
of DOC and the contractor, with written pre-approval of the State, that contractor'
~y transfer prisoner<&to other contractor facilities. Unless otherwise agreed,
.contractor is responsible for transport of prisoner(s) back to the originally
designated facility or airport. before their return to Alaska.

L.

0-

VJ

Alaska Board of Parole
The Alaska Board of Parole wII travel to the contracto(s facility to conduct face-toface parole hearings with Alaskan prisoners who are eligible' for parole CODSideratic;m.
The Board of Parole will be at the faality approximately one week each quarter of the
year (approximately four times each year, for a period of as much as a fun week for
each hearing session). The Board of Parole contingent is to be provided a meeting
room that can be reasonably accessed by any prisoners seeing the Board. The room
should have privacy
8I.'Iy other persons other than the participants in the
hearing; be visually separated from haNways or other rooms. and noise levela
suirounamg 8f8 to be such that recording of and IisIening to the hearings is not
Impaired. ay ~ 8IaII1ts. Parole Board hearings 819 confidenUaI with OIly a amaH
number of ~ ~&Is allowed to be.pi9S8ht tw.~~: The room
should have a ~ rii~1up II8t will a~# ~ ~.,1~.~i18 ancf~
considerable ~~ ~ ihat acoon~j~:I.tF'~.~~ The ~',ia.~
have phone serviCe ~ phone line connection ~,.. ~5t:W1C8 for 8CC88sing
outside phone" ·(~.ofthe parties to
19;~,be.Jl' • • H ,~

from

_,Ii
::n~~.On~~~'~9r,11~'~:a=, .,~..
&c'ces_"
u..

'?'.

''''''''>~ .,~:.:}~~~,~JIe

JlIIISOA ~'..
. ".~ , .,
.....'
.
'.,
aIIoiv8d
'.10 'the
. ,.
.
JZ? ifll .. '.
.'
Is to be
. • '..... ;~'C:W L etDr. ' , '
. . . . " . '. .' ' ,'. '.
.
...-....
...,...~
.
-..
.
~
other '.' ."
·'·p&aIe!Bo8rd ~ . ' ·*~.hiil .
~'Ihe . ", •... :.....
.' '~·~!.iiedto~ncf~_l'ii """ .'·'~~a..8~lnite
facility.
. . ..
' . ,

n

M. '

0'

.....

Searehes of PrisOOers In Irl8tftutIonai Areas
All searches of prisoners must be done In accordanc:e with DOC Policy 1208.08
searcheS of Pri80neis and fnslMutional Areas or a '~ctor'8.poIicy that has been
approved in 'wriIIng by the Director of Institutions.

4.88 Securfty and Control

A.

Gen9181 Statement
The contractDr' is responsible at all times to provide security and control of prisoners.
All prisoner progiBm actMIies wII take place inside 1he facMy. The contractDr must
'be abIe'to provide mmclmum custody housing for some prisoners that has very little
. prognIm 8dIvity and maxiriium supervision.
'

B.

InteII"egellC8 Informa8on

A policy must be ~ for coIIeding, analyzing aneJ·dissemin8tJng InteIigence
InformaCion f898ITInG ~8U9I effec8ng safety and~. This IRU8t include a
RfIi._s iiJii04i44/cs LNi2iiii81
hM.NIIiiI ~
"

(

~.

telephone monitoring system. Cri~inal behavior must be investigated and referred •
to local authorities. All fnteDigence information gathered by the contractor for Alaska
prisoners must be shared with the Director of Institutions.

c.

Tool Control .

A policy must be established that requires controlled tools and equipment to be
classified by security risk and those most likely to be used as a weapon' or in an
escape must be used only with direct staff supervision.

D:

Counts
The contractor shall maintain a system to physically count all prisoners. Formal or
Infonnal counts must be completed with no i'gore than a four~r lapse In time.
There must be at least 3 formal counts during each 24-hour period. Contractor's
policy must be consistent with DOC Polfcy 1208.14 Count Principles & Procedures•

•

-E.

Perime&er Control
The perimeter,fence should have some twJe of electronic alarm ayat' ,m'and policy
must prohM priaoners from c:omiRg wiIhin 20 feet of the fenc8.,~
priIoIm (t.e. ~,wort CI8N) may applQ8Ch the p.rimelar.fMc:e'• • • .,Ita
staff~.ConInIdor must have a
policy In place Mel appIOY8d by the
DIrecIor of Indiutions. ,
" ' ,.

WI.'

).

The COi*Cislc.v must provide CQnsIant armed

F.

.

perimeter ~'Of the faclfty.

Master Control ~:terI CommunIcafion System
'

A contId csat.- wII be provided for ir1 ' a",aIi:g -security, PIOQIBfI' and
OOImu:JC II Il6 funcIiions. The COI*cI celltel shall be alMbd as a 24 hour post
arid 8001. . . . . .be &mitlid 10 auIhorimd personnel ontv. l'he fldty'mwet ha¥e an
adequate radio communication system.

G.

' Key Control

The contractor must have ,a procedure for the maintenance and securitY of keys and
locking mechanisms. The policy must define which keys are aBowed to be checked
out and must preveot 24 hour keys from check out.
•'
Emergency keys shaD be avalable for a8 areas of the facIiIty'to which emergency
acoess or egress may be necessary.

H.

Control of COl2baband

IntroducIior:

The contractor ahall have written policies for the detection. COIifloi and dIapoMIon of
contraband. The poley must Include provisions for prisoner and vidor 8MIdie8.
The policy must Include procedul88 for semches of the facIity, prisoners 8nd others
on the pnMnIses.
.
.
RFP. 2006-2000-4S44/ Cuollla:t _54881
51

sa

....NIeR
Fl... II .....

.

..

~I.

~.

•
Documentation
The oontractor shall maintain written policies that require the facility to maintain shift
logs that documents personnel on duty, counts, admissions/releases, shift activities,
entry and exit of staff and visitor and any unusual shift occurrences.

~.

J.

Armory
The contractor shall maintain written polices for the armory to Include the types of
munitions, chemical agents, eI~ic de~. The policy should limit access to the .
Armory.

K

Off Grounds SecuritylTransportation

Transportation of Prtsoner:s off grounds is at the cot*aclo(s expense. This IncIudea
transportation to and from. the airport to the facllty. DOC reserves the IlJht to specify
. the airport to be utilized If more than one is located nearby.
The contractor shall proYide security at a111imes for prisoners assigned to Its care
and: custody both within and outside the 88CUI8 perimeter. ThII indudes hut is not

hospbI--".

fImIt8d to court appearmlC88, medical a~d8 Met

The only priIIoners who are allowed to leave the iacIly wIhout'anned eecort 819
JRiRImum custody work. ClBS 1'8... PoIIclsl for slowing' off &Ie·WOIIe ere_ must be .'
appoved bJ DOC DiRdoI of ~
~.

... :'#'.

• ~.~.,..

)

L

£iMrglnC¥.pr0ceduf8s
•

."

.1

'

•

.

.".

..-

'.

." .•,

.. :-

.
••

'.

•

,-".I:.

~.

. J...

'*i._.•

n.e.COLdb"'~be~.be . • to·f;'

,.nor-atel

.

pr.... ~illi. Gel'

.

.

"fi..:a·,.

•.' .

""

The contractor must have tIwIr OWn or ready access to a fuRy b8ined emergency
response I8em.
Mutual AId agreements with appropriate sta1e and local authorities
before the 8ervice Corrvnencement Date.

M..

must be In place

SubStance Abuse T~

cal..

.."
•
"\a:.

~:..'..
-=..,..... ! .. ~ ••. ,. '.

trained
The COil·Jai9r. .·. ....
iltij..,a"I ~ii·
sILI8Iiona inducIing but ROt,~" red .. tie ulRg ~ pd
diIkfIb8I~._.'
~"e.Bell"., 8"8CI' aloi:; flue to·
:. .I
or ns
diMlter. AI coRIrIIct
staff must nwt... poIcIes
.1'!""'Iy. Conlradorpollclll must be COMiItll.t
with DOC PolIcy 1208.10 U_18g8m8nt of Hoe'age SIIu8Iiona. and 1208.18
InStiIuIion&I Emergency Plan. .
t

•

The Contractor shall provide for dIua ad aIcohoIlI'inaIyeIs. five (5) p&lcent ~ the
prisoners must be tested eecIt month. Ttlling wi be IWldom or for
Should
prisoners request a blood·... to COllin • pelil.. ftrdng, anangemenI8 rnt.I8t be
made, at the prisoner's expense for this. The provIeIon of prisoner paid confInndon
testing must be Included In·the contnIcto(s policy.

i·'.