GEO Contract for Moore Haven Facility, FDOC, 2009

• Feb. 12, 2016 • Locations: United States of America -> Florida • Topics: Private Prisons, GEO Group/Wackenhut

Download original document:
Brief thumbnail

This text is machine-read, and may contain errors. Check the original document to verify accuracy.

Division of Specialized Services
4050 Esplanade Way, Suite 335
Tallahassee, Florida 32399-0950
Tel: 850.488-4290
Fax: 850.922-619"'1·
www.dms.MyFlorida.com
Governor Charlie Crist

Secretary Linda

H. South

Moore Haven Correctional Facility
Operations and Management Contracts, Exhibits and
Addendums
DMS Contract No. 06/07-103

REDACTED for PUBLIC RECORDS
REQUEST

Michael Weber, Chief
Private Prison Monitoring
01129/2009

We serve those who serve Florida.

MOORE HAVEN CORRECTIONAL FACILITY
OPERATIONS & MANAGEMENT SERVICES CONTRACT

Moore Haven Correctional Facility
Operations &Management Services Contract

Contract No. DMS 06/07~103
Page 1 ofSl

This Contract made and entered into on this 1st day of July, 2007, by and between THE STATE OF
FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, BUREAU OF PRIVATE PRISON
MONITORING (hereinafter referred to as the IIBUREAU II ) and The GEO Group (hereinafter referred to as
theIlCONTRACTORII).
.
WITNESSETH:
. Whereas; it is necessary that budget resources be allocated effectively; and
Whereas, the Florida Legislature, Chapter 957, Florida Statutes, authorizes the BUREAU to enter into a
contract with a private entity for the operation, maintenance, and management of a secure correctional
facility housing 985-bed, adult male, minimum/medium custody inmates located in Glades County,
Florida knmynas Moore Haven Corr~ctiona1 Facility (the "Facility"); and
Whereas, an Invitation to Negotiate (DMS 06/07-103) was issued on December 15, 2006, by the BUREAU
in o~der to select a contractor to operate, maintain, and manage the Facility; and .
Whereas, on May 29, 2007, the BUREAU announced its intent to award a contract to·
CONTRACTOR for the operation, maintenance, and management of the Facility, and on June 1,
2007, announced its award of the Facility operation, maintenance, and management contract to
CONTRACTOR.
. Now, therefore, in consideration ofthe agreements contained herein, the parties agree:
ARTICLE ONE
DEFlNITIONS
The following terms used in this Contract shall, unless the context indicates otherwise, have the
meanings set forth below:
'
ACA: American Correctional Association.
ACA STANDARDS or STANDARDS: The Standards for Adult Correctional Institutions (Fourth
Edition, 2003) published by ACA (as heretofore supplemented and as same may be modified,
amended, or supplemented in the future).
ADDITIONAL SERVICES: . Additional operational and management services required to be
furnished by the CONTRACtOR, which are required by changes in ACA Standards, laws,
government policies, regulations, or court orders generally applicable to the BUREAU ane; which cause
an increase in the cost of operating and managing the Facility.
AUTHORIZED REPRESENTATIVE: The person designated in writing to act for and on behalf of a
party of this Contract, which designation has been furnished to the other party hereto. In the case of
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 shall be
delivered to the BUREAU no later than. the effective date of this Contract. The CONTRACTOR's
Authorized Representative may designate other persons to assist such Authorized Representative in
the performance of certain obligations required by this Contract. In the case of the BUREAU, the
BUREAU Chief is hereby designated as its Authorized Representative. At any time, either party
may designate any person as its Authorized Representative by delivering to the other party a
written designation signed, if on behalf of the CONTRACTOR by its President or Vice President,
or if on behalf of the BUREAU by the BUREAu Chief. Such designations shall remain effective
.Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 2 51

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 ofPrivate Prison Monitoring.
CLOSE CUSTODY GRADE: Refers to a class of inmates who must be maintained within an armed
perimeter or under direct, anned supervision when outside of a secure perimeter. Transport off
institutional. grounds requires two anned transport officers and the inmate will be restrained using
. handcuffs, waist chains with handcuff cover and leg irons.
CONTRACT: This Operation and Management Services Contract, together with all attachments
and exliibits hereto, and all amendments and modifications hereof, entered into between and by the
BUREAU and the CONTRACTOR.
CONTRACT ADMINISTRATOR: TheDMS employee who is primarily responsible for maintaining
the official Contract file. As of the :affective Date of the Contract, the Contract Administrator is Patty
Davis, 4050 Esplanade Way, Suite 260, Tallahassee, Florida 32399. DMS may appoint a different·
Contract Administrator, which shall not constitute an amendment to the Contract, by sending notice to ·the
.
CONTRACTOR. .
CONTRACT DOCUMENTS: The Contract, 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 or contradiction among the Contract
Documents, the foilowing order of authority shall apply: this Contract; Invitation to Negotiate,
CONTRACTOR's response thereto.
CONTRACT MANAGER: The BUREAU employee who is primarily responsible for management. and
oversight of the Contract and evaluation of the CONTRACTOR's performance of its duties and
obligations pursuant to the terms of tb,e Contract. The Contract Manager is currently BUREAU Chief.
The BUREAU may appoint a different Contract Manager, which shall not constitute an amendment to the
Contract, by sending notice to CONTRACTOR. Any communication from the CONTRACTOR to the
BUREAU relating to the Contract shall be addressed to the Contract Manager.
COURT ORDERS: Any existing or future orders· or judgments issued by a court of competent
jurisdiction ot 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.
. DAY: A calendar day.
DC: The Florida Department of Corrections.

DMS: The Florida Department of Management Services.
FACILITY: The 985-bed, adult male, minimum/medium custody secure correctional Facility
located in Glades County, Florida, known as the Moore Haven Correctional Facility, and designed
and constructed for the detention of minimum/medium custody inmates. Further expansion of this
Facility may be 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, .
Moore I1aven Correctional Facility
Operations & Management Services Contract

ContractNo.DMS 06/07-103
Page 3 of 51

which are an integral part of, or permanently attached to, a structure, or permanently connected to the
Facility utilities.
FORCE MAJEURE: means an act or acts of God (i.e., hurricane, tornado, earthquake, natural fire), riot,
act(s) of terrorism, war or national emergency legally excusing the failure to perform any of the terms and
'
conditions of this Contract.
INMATE: Any person within the legal custody of the DC assigned to be housed at 'the Facility over
which DMS has contractual authority.
INMATE DAY: Each day 'on which an inmate is ~oused at the Facility, including the first, but not the
last day of incarceration as determined by the midnight count of each day.
LEASED FURNISHINGS AND EQUIPMENT: The items ofpersonal property as described ill Article
4.2 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: This Operation and Management
Services Contract, together with all attachments and exhibits hereto,' and all amendments and
modifications hereof, entered into between,and by 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 perimeter. Such inmates may be transported without armed supervision if in a secure vehicle
that does not leave institutional grounds. Transport off institutional grounds, in addition to amled
supervision, requires a minimum restraint of handcuffs.
MOVABLE EOUIPMENT:

An furniture and equipment not permanently attached to the Facility.

ON-SITE CONTRACT MANAGER: The employee 'or employees of the BUREAU designated to.
monitor the operation of the Facility for contract compliance and to coordinate actions and
communications between the DC and the CONTRACTOR. The O~-site Contract Manager will be
designated by the BUREAU. The On~site Contract Manager will be the official liaison between the
BUREAU and the CONTRACTOR on all on-site matters pertaining to the operation and management
services ofthe Facility.
'
~:

The Occupational Safety & Health Administration.

PER DIEM RATE: The total cost charged and paid per inmate, per inmate day for the delivery of
operation and management services at the Facility.
PRIVATELY OPERATED INSTITUTION INMATE WELFARE TRUST FUND (POIlWTF): A
tnlst fund account maintained by the DC 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, receipts from telephone commissions, and similar sources shall be deposited 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 antitnlst, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
SERVICE COMMENCEMENT DATE: The date on whi~h the CONTRACTOR shall begin providing
operations and management services at the Facility under this Contract, the date which shall be July 1,
2007;
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 4 ofS!

STATE: The State of Florida, including the Florida Department of Management Services or any other
state governmept entity referenced therein. These terms may be used interchangeably.
SUBCONTRACT: An agreement entered into by the CONTRACTOR with any other person or entity to
perform any performance obligation for the CONTRACTOR specifically related to securing or fulfilling
the CONTRACTOR's obligations to the BUREAU under the terms of this Contract.
SUBCONTRACTOR: Any person or entity other than an employee of the CONTRACTOR who
performs or agrees to perform any of the CONTRACTOR's obligations under the terms of this Contract.
TRANSFER AGREEMENT: The Cooperative Transfer Agreement between the BUREAU, the
CONTRACTOR, and the DC, which establishes guidelines for transfer of inmates between the
Facility and facilities operated by the. DC.
UNFORESEEN CIRCUMSTANCES: Those acts or occurrences beyond the reasonable contemplation
of the parties at the time of execution of this Contract that materially alter the financial conditions upon
which this Contract is based.
ARTICLE TWO
SCOPE OF WORK
Article 2.1· Purpose. The purpose of this Contract is to establish the terms 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 Service 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 one hundred twenty (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 intent that the CONTRACTOR will rely thereon for purposes
of entering into this Contract, as follows:
.
3.2.1 Authorization. This Contract has been duly authorized, executed, and delivered by
the BUREAU and, assuming due execution and delivery by the BUREAUconsntutes 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 rj:laterially and adversely affects or in the
future will (so far as the BUREAU can now reasonably foresee) materially and aqversely
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· disqlosed in writing to the
CONTRACTOR prior to the date hereof.
3.2.3 StatutOly Contingency. The State's performance and obligation to pay under this Contract
is contingent upon an annual appropriation by the Florida Legislature, pursuant to Section
287.0582, Florida Statutes; the State is not obligated for any payments that exceed the amount of
the current appropriation, pursuant to Section 957.04(1)(h),(2)(d), Florida Statutes.
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
!'ageS 6fS1

---------------------------------------_

_-.._.-

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..
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 event
in. existence which, with notice or the passage of time or both, would constitute a q.efault by the
CONTRACTOR, under any indenture, mortg~ge, deed of trust, lease, loan agreement, license,
'. security agreement, contract, governmental license or permit, or other agreement or
instrument to which it is a party or by which any of its properties are bound .and which
default would materially and adversely affect the CONTRACTOR's ability to perform its
obligations under this Contract.
.
3.3.4 Compliance with Laws.
Neither the CONTRACTOR nor its officers and directors
pmporting to act on behalf of the CONTRACTOR have been advised, 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 Litigation. Except as previously disclosed in writing to the BUREAU, there is not'
now pending nor, to the know.ledge of the CONTRACTOR, 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's ability to perform its obligations under this Contract, or any such
action, suit, or proceeding related to environmental or civil rights matters: and no labor
disturbance by the employees of the CONTRACTOR exists or is imininent which might be
expected to materially and adversely affect the CONTRACTOR's ability to perform its
obligations under this Contract.
.
3.3.6 Taxes. The CONTRACTOR has filed all necessary federal, state, and foreign income
and franchise tax returns and has paid all 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 adversely 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 all sub schedules and footnotes: a
balance sheet, profit and loss statement, and a change in financial position schedule for each of
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 6 ofS!

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 confonnity with generally accepted accounting principles applied on a
consistent basis, except as discussed in the notes to the financial statements.
3.3.8 No Adverse Change. Since the date of the CONTRACTOR,'s most recent balance sheet
provided to the BUREAU, there has not been any material adverse change in the
CONTRACTOR's business 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 ability to perform its obligations under this
Contract.
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) materially and
adversely affect CONTRACTOR's ability to perform its obligations under this Contract
which has not been accurately set forth in this Contract or otherwise accurately disclosed in
writing to the BUREAU prior to the date hereof. Failure to disclose such material facts, as
described above, is grounds for termination for false representation.
ARTICLE FOUR
POSSESSION
Article 4.1 Possession ofFacilitv. On the Services Commencement Date, the BUREAU shall grant
to the CONTRACTOR exclusive use, possession, and control of the land and property
comprising 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 the Facility and its grounds pursuant
to Article 4.10. The design of the Facility will be owned by the S,tate of Florida.
Article 4.2 Possession of Leased Furnishings and Eauipment On the Services Commencement
Date, the BUREAU will grant the CONTRACTOR exclusive use and possession, subject to the
tenns of this Contract, of leased furnishings' and equipment. Items purchased with state funds are
owned by the. State of Florida and shall remain with the Facility in the event of termination or nonrenewal of this Contract. All furnishings 'and equipmeJ;lt are State property, except for CONTRACTOR
Property as set forth under Article 4.5.
Article 4.3 Inventory. The CONTRACTOR shall prepare and/or 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 prior
written approval from the On-site Contract Manager. The BUREAU shall be entitled to conduct
an inventory of leased furnishings and equipment prior to or within a reasonable time. after· the Services
Commencement Date, and shall be entitled to conduct an inventory of leased furnishings and
equipment throughout the Term of this Contract. The CONTRACTOR shall cooperate with the
BUREAU in its conducting of all inventories of leased furnishings and equipment.
Article 4.4 Replacement oflnventory. The CONTRACTOR, subject only to furnishings, fixtures,
and equipment covered by Article 4.9, shall replace inventory with like items having like functional
ability, life expectancy and quality within sixty (60) days of the date of discovery of loss, theft,
damage or inoperability beyond repair. Such replacement items shall be added to the inventory and
shall become the property of the State. The On-site Contract Manager shall be notified quarterly, in
writing, when an item of leased furnishings and equipment is replaced. Such notification must
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS'06/07-103
Page 7 of 51

include all pertinent information (including a copy of the purchase receipt showing purchase cost,
manufacturer, model number, serial number and assigned identification number) for the replaced
item. Inoperable items replaced by the CONTRACTOR shall be disposed of by the CONTRACTOR
with prior approval by the BUREAU.
Article 4.5 CONTRACTOR Property. The CONTRACTOR will provide such other" furnishings,
fixtures, and equipment as_ it deems necessary, which shall be clearly identified and inventoried.
Ownership of this property shall remain with the CONTRACTOR and may be removed from
the premises at any time by the CONTRACTOR, provided that any damage to the Facility resulting
from any removal pursuant to this Article shall be repaired by the CONTRACTOR at the
CONTRACTOR's expense. Any additional furnishings, fixtures, and 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 costs 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
maintained at DC facilities. All floors, including concrete, shall be waxed and buffed. All
areas of the Facility shall be. maintained free of cobwebs or dust build-up, including ceiling
and wall grills. The grounds will be free of all trash. All kitchen equipment and utensils.·shall
be free of grease build-up.

B. All areas of the Facility shall be inspected regularly for cleanliness and such inspections shall
be documented.

C.
D.
E.

Lighting, ventilation and heating equipment shall be functioning at all times.
No fire, safety or health hazards shall exist.
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 accordanye with
OSHA's policy and procedures.
G. Food service areas shall be clean and in compliance-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
accordance with applicable ACA Standards and Article 4.9, including all maintenance related to
structural conditions or defects as well as ordinary routine maintenance. The CONTRACTOR shall
maintain, preserve and keep the Facility and leased furnishings and equipment in good repair,
working order and condition, subject to normal wear and tear. The CONTRACTOR shall promptly
make or cause to be made all necessary and proper repairs, including those identified by selfmonitoring and the BUREAU's inspections. All such- replacements and renewals_ shall thereupon
become part of the Facility. The CONTRACTOR shall develop and implement a preventive and
routine maintenance plan and will keep maintenance records. During the tenn of this Contract, the
BUREAU shall have no responsibility, financial or .otherwise, with respect to maintenance of the
Facility other than that explicitly provided for under Article 4.9. Maintenance of the Facility
- shall be the sale responsibility of the CONTRACTOR.

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 8 ofS1

The maintenance plan shall include the following:
(1)

Plant equipment;

(2)
(3)·

Structural maintenance; and
Vehicle preventive maintenance programs

Article 4.9 Major Maintenance and Repair Reserve Fund. The CONTRACTOR shall make
and be responsible for all rout~ne and necessary repairs of the Facility, and shall be responsible for
the repair and replacement of all Facility furnishings, fixtures, and equipment, so long as the cost
associated with any such maintenance, replacement, or repair is $5,000 or less (per item, per
occurrence). Routine and necessary repairs shall be defined as any maintenance, replacement, or
repair work which ·has a cost of $5,000 or less (per item, per occurrence). "Per item, per
occurrence" requirement shall be strictly construed by the BUREAU, and aggregation of
individual items or occurrences is not permitted. On the first day of each month, the BUREAU
will deduct 1/12 of $104,498.64 ($8,708.22 monthly) from t4e Facility's man-days billing and transfer
said amount to the Grants and Donations Trust Fund.
Requests for reimbursement for maintenance, replacement or repair costs in excess of $5,000 shall
be submitted to the BUREAU Chief. In the event of damage to the Facility sustained during a
hurricane (or as a result of severe windstorm conditions), the CONTRACTOR may request
reimbursement from the Fund for all documented costs incurred· by the CONTRACTOR in
repairing/replacing such damage that are not otherwise covered by insurance on the Facility, up"to an
amount equal to 3% of the then-current insured value ofthe Facility. Approval or denial ofreque~ts is at
the BUREAU Chiefs sole discretion. Upon receipt of written approval from the BUREAU Chief; the
costs of such major maintenance, replacements 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.
Any written request by CONTRACTOR for reimbursement from the Major Maintenance and Repair
Reserve Fund shall be approved or disapproved in writing by the BUREAU within thirty (30) days of
receipt of such written request.
.
Article 4.10 Access to the Facilitv. The On-site· Contract Manager, the BUREAU Chief; DC
representatives, or other designated representatives from DMS or the BUREAU shall have full access at
alltimes, with or without notice, to inmates and staff and to all areas of the Facilitj. Other BUREAU
employees and State officials on official business (including, but not limited to, the Governor's· Office
of Program, Policy and Government Accountability), shall have full access to inmates,. staff, and all areas
of the Facility, at all times, with or without notice.
. Article 4.11 ExpansionlRenovations. S)lbject to the prior written approval of the BUREAU, the
CONTRACTOR shall have the authority to remodel the Facility or make substitutions, alterations,
additions, modifications, and improvements to the Facility from time to time. For any work under this
Article, the CQNTRACTOR must use, and must document the use of, materials of equal or greater
quality. All costs associated with remodeling, substitutions, alterations, additions, modifications,
and improvements shall be paid by the CONTRACTOR, and the same shall become part of the
Facility. Minor alterations may be done at the CONTRACTOR's expense, without prior approval
from the BUREAU.
.
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. The BUREAU and the CONTRACTOR shall jointly

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 9 of5I

assess the nature and extent of such damage or loss and, as soon as practicable thereafter, determine
whether it is practicable and desirable to rebuild, repair or restore such damage or loss. If the
BUREAU and the CONTRACTOR determine that such rebuilding, repairing or restoring is
practicable and desirable, the CONTRACTOR shall proceed with such rebuilding, repairing or
restoring. Upon the completion thereof,. such rebuilding, repairing or restoring shall thereupon
become part of the Facility. In such case, any i:Q.surance proceeds received in respect to· such
damage or loss shall be used for payment of, or reimbursement for, the costs of such rebuilding,
repairing or restoring. In the event such insurance proceeds are not sufficient to pay iri full the costs of
such rebuilding, repairing or restoration, the CONTRACTOR is responsible for any and all amounts
due in excess of insurance proceeds received (which responsibility shall not limit CONTRACTOR's
right to request reimbursement for the costs of repairing damage to the Facility sustained during a
hurricane (or as a result of severe windstorm conditions) from the Major Maintenance Repair and
Reserve Fund as set forth in Article 4.9, above). If the BUREAU and the CONTRACTOR determine,
in writing, that rebuilding, repairing or restoration is not feasible or practical, and further agree, in
writing, not to rebuild, repair or restore the Facility, then this Contract shall automatically terminate
thirty (30) days after the date of such written agreement.
Article 4.13 Vehicles. The CONTRACTOR shall purchase and provide all vehicles required for the
operation and maintenance of the Facility. The CONTRACTOR shall have all vehicles properly insured
for comprehensive, collision, property, medical, personal injury, theft and replacement damages.
ARTICLEFNE
OPERATION
Article 5.1 General Duties. The CONTRACTOR shall provide the operation and management services
and shall operate, maintain, and m~age the Facility in compliance with applicable: federal and state
constitutional requirements, laws, court orders, and DC standards, 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 refer~nced therein. The CONTRACTOR shall be in
compliance with all applicable ACA Standards and requirements for adult correctional institutions,
and shall maintain ACA accreditation. The CONTRACTOR may submit a written request for a
specific exemption from ACA Standards to the BUREAU Chief,.. who may, at his/her sale
discretion, grant or deny the request. In the case of a conflict between any of the standards or
requirements listed above, the more demanding standard or requirement will control. Pursuant to
section 957.04(1)(e), Florida Statutes, the CONTRACTOR may propose a waiver of.a particular DC rule,
policy, or procedure that is inconsistent with the mission to establish and maintain cost-effectiveness at
the Facility. Such proposals shall be submitted to the BUREAU Chief, who may, at his/her sole
discretion, grant or deny such a waiver in writing to the CONTRACTOR. All decisions by the BUREAU·
Chief under this Article are 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 Fiscal Operations. The CONTRACTOR shall comply with all ofthe following requirements
concerning fiscal operations, including but not limited to, the proper maintenance of accounting records
and the periodic report of financial data in accordance with all auditing requirements as generally
provided for in Articles 5.3 through 5.8.
Article 5.3 Maintenance and Operation of Funds. The CONTRACTOR shall maintain its books and
records in accordance with generally accepted accounting principles in reasonable detail to include, but
not limited to, groups of accounts for Facility operations, health services, substance abuse programs,
educational services programs, food services, security services, maintenance and administration.

Article 5.4 Operation of Inmate Bank.
Moore Haven Correctional Facility
Operations & Management Services Contract

The CONTRACTOR shall maintain Inmate Bank funds
Contract No. DMS 06/07-103
Page 10 ofS1

separate and apart from other funds and shall abide by DC policy and procedure directives as regarding
the same.'
Article 5.5 Operation of the Privately Operated Institutions ,Inmate Welfare Trust Fund
(POIIWTF). The CONTRACTOR shall maintain the Privately Operated Institutions Inmate Welfare
Trust Fund (POIIWTF) accounts in accordance with all applicable standards and DC rules and
regulations. Funds in the POIIWTF may be appropriated annually by the Legislature for the benefit and
welfare of inmates incarcerated in privately operated correctional 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 of
DMS to be considered by the Legislature in the allocation of funds. In accordance with 60AA-203.l01,
Florida Administrative Code, planned expenditures must cover expenses for unique and innovative
programs, items or activities for the inmates at the Facility. Proposed expenditures from the POIIWTF
for contractually required programs will not be authorized. Also, the CONTRACTOR must compile a
report that documents the actual receipts and expenditures from the POIIWTF for the previous fiscal year
and the projected receipts and expenditures for the next fiscal year, beginning July 1 and ending June30,
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, Florid.a 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 expendituresl must
'be approved by the BUREAU. Expenditures made from the POIIWTF may not include items included
in the CONTRACTOR's response to the ITN.
Article 5.6 Auditing of Trust Accounts. The CONTRACTOR shall develop and update, as necessary,
with the approval of the BUREAU, administrative procedures to ensure proper accounting and internal
control of the receipts and expenditures of the funds from the Commissary Account and the POIIWTF.
The CONTRACTOR shall have an independent audit of the Commissary Account conducted on 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 the POIIWTF. This report should
include deposits and expenditures made to the commissary account.
Article 5.7 Financial Reporting., Annual financial statement, prepared in accordance with GAAP and
clearly distinguishing Inmate Bank and POIIWTF, shall be filed not later than July 1st of each year.
The financial statement shall consist of, at a minimum:
a.

Inmate Bank Fund: Accounting of the Inmate Bank fund, including a
spreadsheet showing all account actions for the relevant time period for each
account and the balance if any at the time ofsubmission of the statement;

POIIWTF:
A statement of revenues, expenses, and statement of budgeted
and actual expenditures (detailed by object code).

Article 5.8 SEC Reports. The CONTRACTOR shall, on a timely basis, provide the BUREAU with
copies of all annual reports on Form 10-K, quarterly reports on Form 10-Q and reports on Form 8-K
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 its most recent Form 10,K and any Form 10-Q's or Form 8-K's filed.
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
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 11 ofS1

CONTRACTOR shall maintain ACA accreditation for the duration of the Contract tenn. The
CONTRACTOR must provide a detailed plan addressing the CONTRACTOR's maintaining ACA
accreditation through the tenn of the Contract. The CONTRACTOR's failure to comply with this section
will be considered a violation of the tenns of this Contract, subjecting the CONTRACTOR to the
assessment of liquidated damages and/or termination of the Contract by the BUREAU at the BUREAU's
discretion pursuant to Article Ten.
Article 5.10 Classification and Assignment of Inmates.

A The CONTRACTOR shall provide a classification program in accordance with all applicable
standards and DC lUles and regulations. The CONTRACTOR shall provide suitable officf<
space at the Facility for one (1) or more DC classification officers, as may be determined by
the DC, to conduct classification services. The CONTRACTOR may not make any change in
an inmate's custody level, but may recommend custody level changes to the DC for approval.
B. Beginning on the Services Commencement Date, inmates will be assigned to the Facility
by the DC at a rate not to exceed capacity of the Facility in accordance with the
following:
.
985-bed, adult male, minimum/medium custody le~e1; the inmates transferred by the
DC shall represent a cross section of the 985-bed, adult male, minimum/me.dium
custody inmate population, and be mentally, physically, and medically capabfe:, of
participating in the programs; prior completion of the initial classification process at a DC
facility; accompanied by all initial classification and subsequent reviews and other
necessary documentation; accompanied with a complete medical record, including chest Xray; and accompanied by documentation of the amount contained in the inmate's
Commiss~ry account with the funds to be forwarded by the DC to the Facility within ten
(10) days of receipt of the ininate, in compliance with Chapter 33, Florida Administrative
~~

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 classification to the Facility,
the CONTRACTOR may request the transfer of unqualified or improperly classified
inmates to aDC facility pursuant to Articles 5.12 and 5.14.
Article 5.11 Orientation of Inmates. CONTRACTOR shall conduct an orientation program for newly
assigned inmates with the program meeting minimum standards as outlined in Chapter 33-601.100,
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 behaviqr 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 nonnally found at the Faqility;
administrative transfers used in witness protection cases; or to .adjust operational capacities.· The
CONTRACTOR may be required to transport non-routine transfers such as emergency medical,

emergency mental health, court orders, protective management, etc. Non-routine transports will
be determined by the DC by the nature of the request and its urgency. In the event that a dispute
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 12 ofS1

exist between the CONTRACTOR and the DC relating to non-routine transports and an agreement
cannot be reached on a transport request, the BUREAU will have the final decision.
The CONTRACTOR may request, in writing, that an inmate be transferred from the Facility. The
BUREAU, the CONTRACTOR, and the DC .shall comply with the tenns of the Cooperative Transfer
Agreement when transferring inmates between a correctional facility operated by the DC, and a
privately operated facility. In the event that an agreement cannot be reached on a transfer request, the
BUREAU will have the final decision on which inmates may be transfeIred from the Facility. Any
decision by the BUREAU Chief is final and not subject to appeal or challenge by the CONTRACTOR in
any civil or admimstrative forum, nor subject to any mediation or arbitration proceedings.
Article 5.13 Release of Inmates. The CONTRACTOR will release inmates in compliance with the
DC's policy pertaining to release and the requirements of Rules 33.601.501-503, 60AA-601.501503, 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 33-601.501-503, 60AA-601.50l-503, F.A.C., and make
payment from its fund to eligible inmates. The DC shall not reimburse the CONTRACTOR for discharge
gratuity payments made.
Article 5.14 Transportation of Inmates. The CONTRACTOR shall not be responsible for inmate
transportation from the DC to the Facility or from the Facility to the inmate's destination upon transfer
except as provided for in Article 5.12. 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 Rcles 33-601.503 and 60AA-601.503, F.A.C., "Discharge Transportation".
Article 5.15 Inmate Discipline. The CONTRACTOR will develop and implement a system of
inmate rules and disciplinary procedures in compliance with the Standards and penalties consistent
.'with those imposed by the DC. Disciplinary hearings will be conducted by the CONTRACTOR's
'staff who will make recommendations to the DC classificatiQn staff. The DC's classification staff
shall either accept those recommendations or prepare a written statement in which good cause for a
rej~ction of those recommendations are established. In the event that a recommendation is rejected
by the DC's classification staff, the CONTRACTOR shall have a right of administrative appeal to
Regional Director of ;rnstitutions for the region in which the Facility is located. The decision of the
Regional Director of Institutions, in the event of any such administrative appeal,. shall be final and not
subject to appeal or challenge by the CONTRACTOR in any civil or other administrative forum, not
subject to any mediation or arbitration proceeding.
Article 5.16 Inmate Visitation. The CONTRACTOR shall provide all space,. furniture,
equipment, and supervision necessary to implement 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. The CONTRACTOR ~hall conduct a random drug testing program
consistent with DC requirements. The program shall also include random anabolic steroid testing of 5%
of all certified staff, subject tq forthcoming DC guidelines with which the CONTRACTOR shall
reasonably comply. Monthly reports must be submitted to the BUREAU regarding the testing results.
Article 5.18 Inmate Mail and Telephone.

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

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 13 ofSl

.......................

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

outlined in Article 5.5. Expenditures.from the POIIWTF must meet the guidelines of
Section 945.215, Florida Statutes, and may not include items that are part of the Contract.
The telephone service provider 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 DC'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 thePOIIWTF.

Article 5.19 Use of Force. The CONTRACTOR will develop and implement use of force policies
and procedures in compliance with ACA 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 complianc~:with
DC 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 Senteli'ce Computation. The CONTRACTOR shall provide 'the DC with data and
information relating to sentence computation. The decision with respect to sentence computation rests
exclusively with the DC.
Article 5.23 Gain Tirne,Change of Custody and Furloughs. The CONTRACTOR will provide
specific information and recommendations to the DC regarding the aw,ard or forfeiture of gain
time, change of custody or granting furloughs. Decisions rest exclusively with the DC. In the event
that a recommendation is rejected by the DC, the CONTRACTOR shall notifY the DC's Office of
Institutions in Central Office in Tallahassee, Florida.
Article 5.24 Security.

C)
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 14 ofS1

Moore Haven Correctional Facility
Operations & Management Services Contract .

Contract No. DMS 06/07-103
Page 15 of 51

. - --- - --

---

•

- - ---

------

r.·,....-.r_·L...

~-·

Article 5.25 Food Service. The CONTRACTOR will provide a food service program in compliance
with Section 957.04(1)(£), Florida Statutes, and the ACA Standards. The CONTRACTOR is responsible
for providing a variety of services including diet at least equal to those provided by the DC in comparable
facilities.
.
The CONTRACTOR shall provide all food, staffmg 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.

Master Menu:
a.

The DC has developed, arid 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 two (2) hot meals per day in accordance with ACA Standards, with
the exception of sack lunches or other special diets, as directed by medical staff,
or the Warden in the case of an emergency.

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

Delivery of Food:
a.

General Population: 'The delivery of food for the general population inmates is
normally provided in cafeteria style in the Facility's inmate dining room.
Alternate methods may be proposed by the CONTRACTOR, subject to written
approval by the BUREAU.
StafflEmployees/Official Visitors: The CONTRACTOR shall provide separate

dining room facilities for staff, employees and official visitors; however, the
same food prepared for inmates shall be served to staff, employees, and official
visitors. This requirement does not apply to inmate visitation participants.
c.

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

Moore Haven Correctional Facility
Operati,ons & Management Services Contract

Contract No. DMS 06/07-103
P~ge 16 ofSl

Medical Diets: The CONTRACTOR shall prepare all medical diets in accordance
with the recipes and menus in the DC's Modified Diets Component of the Master
.
Menu and account for the number of inmates r~ceiving such diet.

Religious Diets/Alternate Entree: The Facility's Chaplain has the authority under the
Florida Administrative Cod.e 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 altemate.
.
'.

·4.

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

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

The CONTRACTOR shall develop and implement a written plan for sanitation and rodent
control which includes all kitchen/dining space, appliances, supplies and equipment.

The CONTRACTOR shall develop a preventive maintenance schedule for thei· food
service equipment; as applicable. All tools, knives and utensils must be locked. in a
controlled environment, inventoried, and signed in and out:ln accordance with DC policy.

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

Article 5.26 Inmate Commissary and Vending Services.

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

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

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." .

The CONTRACTOR shall make expenditures from the Commissary Account to purchase
items for resale in the commissary and for other items as contemplated in Section
945.215, Florida Statutes. The CONTRACTOR will send to the BUREAU a monthly
report of deposits and expenditures made to' and from the POIIWTF. This report should
.
include deposits and expenditures made to and from 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:
Denta1lPhysicai/Mentai Health Services: The CONTRACTOR shall provide, or cause to be provided, all
dental, physical, and mental health services in accordance with all applicable Florida laws .and
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 17 of 51

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 the
provisions of Sections 945.601, "945.6031, 945.6035, and 945.35, Florida Statutes.
The
CONTRACTOR shall stand in the place of the DC for purposes of the referenced statutes. Accordingly,
pursuant to Section 945.6031(2), Florida Statutes, the Facility shall be subject to comprehensive
surveys by the State of Florida Correctional Medical Authority (CMA) of the dental, physical, and
mental health care systems at least triennially (at least once every three years). The CONTRACTOR
shall designate a Chief Health Officer (CHO) for the Facility who shall submit reports to the DC (and
Director of Health Services, as required) 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 CMA, prior to the
operation ofsaid contracts. After review, CMA recommendations will be presented to the BUREAU
Chief and the DC. The CMA review shall not imply, or permit the inference'of, any approval authority .
. by the CMA over the contracts prior to operation. Approval authority for any and all contracts rests
solely with the BUREAU.
Limitations on inpatient hospitalization costs: If, in the opinion of the on-site CHO, the inmate cannot be
properly treated at the Facility, he/she shall refer the inmate to a medical facility that can provide the
necessary treatment. A list of medical facilities to which inmates can be referred for off-site care
will be agreed on separately by the DC and the CONTRACTOR. In the event that the DC and the
CONTRACTOR cannot mutually agree on a list of medical facilities that can provide the necessary
treatment, the BUREAU will make the fmal decision. Any decision by the BUREAU Chief is finl'!-l and
not subject to appeal or challenge by the CONTRACTOR in any civil or ad!iJ.inistrative fOruDT;;.nor
subject to any mediation or arbitration proceedings. The CONTRACTOR shall not be responsible for
inpatient hospitalization costs, including any surgery and specialty services, in amounts greater than
$15,000, per inmate, per adlllission, or for costs incurred after five (5) days of hospitalization,
whichever comes first. If inpatient hospitalization costs exceed $15,000, or if hospitalization exceeds
five (5) days, as described above, such costs shall be paid by the DC, or, as necessary, such costs shall.be
reimbursed to the CONTRACTOR by the DC. If an inmate is considered by the on-site CHO to be
medically, physically, or mentally incapable of participating in the programmatic activities
(which have· been specifically designed to reduce recidivism) for greater than two (2) weeks, the
CONTRACTOR may request in writing for the DC to transfer the inmate or, alternatively, provide
in writing to the BUREAU valid reasons for the failure to do so. If the CONTRACTOR's request
asserts that the inmate is not medically, physically, or mentally capable of participating in the
programmatic activities, specific information and/or documentation must be provided that indicates
which programmatic activities the inmate is incapable to participate in and an explanation of the
cause.
The CONTRACTOR shall be responsible for providing security for any inmate admitted to a hospital
during the initial period of inpatient hospitalization for which the CONTRACTOR is responsible.
Should the necessity of security provided by the CONTRACTOR continue beyond the initial period,
such security- shall be provided by the CONTRACTOR. However, the CONTRACTOR shall be
reimbursed the hourly wage, including benefits, for every hour each officer is required to provide such
supplemental security. The supplemental security should be provided in accordance with the DC's
procedures. Ani such inmate will be included in the CONTRACTOR's Midnight Strength Report
for any midnight during which the CONTRACTOR is furnishing security for such inmate.
The CONTRACTOR shall notify the BUREAU and the DC as soon as possible (within twelve (12)
hours) any time an imnate is admitted to a hospital.
Medical Services: The CONTRACTOR shall be responsible for the following: all inmate medical costs
for care provided at the facility to include emergency outpatient care, pharmaceutical service.;;, initial
intake screening for medical, dental and mental health pre-existing conditions, detoxification of substance
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 18 of 51·

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

.. , .. -- .....

..,

.....

abusers, medically required eyeglasses, hearing aids, and dentures; regularly scheduled chronic illness
clinics conducted under the direct supervision of the CHO for the following conditions: diabetes;
respiratOlY; cardiovascular; seizure disorder; tuberculosis preventive therapy; general medicine;
immunodeficiency; and hepatitis C; an infectious disease education program for inmates which will
be consistent with the DC's existing health education program for HIV and AIDS as described in
Section 945.35, Florida Statutes. No more than 16% of the population shall be M2 and/or M3 (previously
P2 and P3); there can be a'l % variance. No more than 2% of the population shall require wheelchairs;
,there can be a 1% variance. No more than 6% of the population shall be Special Needs; there can be a
1% variance. The CONTRACTOR must follow requirements outlined in Section 945.355, Florida
Statutes.
'
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 submitted by the CONTRACTOR to the
BUREAU. All co-payments must be noted in the Offender Based Infonnation System and accounted for
in the medical record. A monthly report of co-payments will be included with the management payment
billing.
Chief Health Officer (CHO): The CONTRACTOR shall designate a CHO for the Facility who shall
submit reports to the DC (and Director ofHealth Services, as required) for all Clinical matters.
Health Education Program: The CONTRACTOR shall develop, subject to DC approval, an inmate:4ealth
education program. To promote this health education process, infonnational 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:

Personal hygiene;

Nutrition;

Physical fitness;

Stress management;

Sexually transmitted diseases;

Chemical dependency;

Tuberculosis and other communicable diseases;

Effects of smoking;

IDV/AIDS;

10)

Hypertension/Cardiac;

11)

Epilepsy;

12)

Diabetes;

13)

Dennatology; and

14)

Rehabilitation.

An infectious disease education program for inmates, which will be consistent with the
DC's existing health education program for mv and AIDS as described in Section
945.35, Florida Statutes.
Quality Management: The CONTRACTOR shall establish and maintain a Clinical Quality Management
program that maintains full compliance :with DC rules and regulations and the DC Office of Health
Moore Haven Correctional Facility ,
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 19 of 51

Services Technical Instructions that pertain to:
1)

Quality Management

Infection Reporting to the Department of Health

Infection Control Program

Medical Peer Review Committees

Clinical Risk Management Program

Mortality Review Program

The CONTRACTOR will also maintain full compliance with the policies and procedures
pertaining to quality assurance C:!Dd quality indicators that are currently being revised by
the Office of Health Services.
'
Health Assessment at Intake: The CONTRACTOR shall ensure all inmates being admitted to the Facility
are provided a comprehensive health assessment/examination bya physician in accordance with DC
guidelines upon intake into the Facility. This shall include screening and evaluation as required by the
applicable standards and the requirements provided herein, by medical personnel innnediately upon
arrival at the Facility. The preliminary screening shall be documented in the inmate's case file and
include the following:
, Inquiry into:
1)

Current illness

Communicable diseases

Alcohol/chemical abuse history

Medications currently being taken,

Dental status

Chronic health problems

Observation of:
1)

State of consciousness

Mental status

3)..,

Appearance

Conduct

Bodily deformities and ease of movement

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 DC, along with additional information necessary to infonn the inmate
about unique Facility operations.
Referrals: All routine referrals shall be approved by the CHO and outside referrals shall be made only
when appropriate. Coordination and compliance with the DC's utilization review program requirements
is mandatory. Appropriate referral logs shaU be maintained and available for review upon request.
Staffing of Health Care Professionals: The CONTRACTOR shall employ only candidates who have
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 20 'of 51

appropriate Florida licensure and certification and who have provided 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 certification necessary to perform the
duties assigned. The credentials process must meet or exceed the requirements of J;i'lorida Law. All
Physicians, Advanced Registered Nurse Practitioners (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 certification statement on
each individual to the Director of the DC's Office of Health Services certifying that the credentials of
each individual have been reviewed and he/she is certified as qualified to perform the duties assigned.
Medical Records: The CONTRACTOR shaH ensure that all health care unit staff document each health
care encounter in the Problem-Oriented Medical Record utilizing the SOAP format, (including DC
approved forms) as outlined in DC; rules, Technical Instructions and Florida Statutes.
The CONTRACTOR shall ensure that each health record is complete, accurate and contains sufficient
documentation to warrant the 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 records and
composing a medical history.
The CONTRACTOR shall ensure that all medical record procedures concerning confidentiality are
followed. Medical records shall remain the property of the DC 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 complies with the Florida Statutes, DC':tmles,
Technical Instructions, the Health Record Manual, HIPAA, and other applicable laws, rules'. and
regulations.
.
Other General Health Service Requirements: Routine transportation of inmates for medical visits,
consultations, diagnostics studies and hospital admissions shall be the responsibility of the
CONTRACTOR.
Subject to the approval of the DC, 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 with representatives from the designated
hospital and other providers to coordinate the referral of inmates. Policies and procedures shall be
developed by CONTRACTOR regarding referral methods, scheduling, transportation, reporting of test
results, medical records, acute care hospitalization and patient follow-up, subject to approval by the DC.

Article 5.28 Physical Health Services.
A.

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

diabetes;

respiratory;

cardiovascular;

seizure disorder;

tuberculosis preventive therapy;

general medicine;

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 21 of 51

immunodeficiency; and

hepatitis C.

Sick Calls: The CONTRACTOR shall ensure sick calls are provided in accordance with
DC guidelines and internal directives of the Facility.

Emergency Care Services: Emergencies shall be taken to the nearest hospital aPl'roved by
the DC. The CONTRACTOR shall ensure the availability of emergency treatment
through predetermined arrangements with local hospitals. ' If an inmate needs to be
transferred 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 currently 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:

In-service education on first aid and emergency procedures.

Written policies and procedures
transportation of inmates.

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

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

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

concerning

emergency

transfer

and

Testing: The CONTRACTOR shall provide testing for :mY infection under the
following conditions:

,Upon request by the inmate;

When there is evidence that an inmate, while at the Facility, has engaged in highrisk behavior, as established in Section 945.35, Florida Statutes, for transmitting
or contracting IDV;

Wthe inmate has a positive tuberculosis skin test or active TB; or

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

Infection Control Program: The CONTRACTOR shall provide for an ;rnfection 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 including chronic and
convalescent care. The plan of treatment shall include directions for health care staff and
correctional staff regarding their roles in the care and supervision of the inmates. The
special medical program shall service a broad rang~ 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

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 22 of 51

. examinations perfOlmed on-site or off-site and in accordance with ACA Standards and
DC bulletins. A qualified optometrist shall examine inmates with specific complaints.
Eyeglasses shall be provided at the inmate's expense, unless clinically mandated by an
ophthalmologist, whereby CONTRACTOR is financially responsible.
H.

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

24-hour coverage, supervised on-site by a Registered Nurse:

Daily infirmary rounds by nursing staff;

24-hour Physician on-call coverage;

Physician shall conduct infirmary rounds no less than one time per day, Monday
through Friday.

In 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 nec~sary
treatment, which has been mutually agreed to by the :pC and CONTRACTOR to provide
hospital-based services for the DC's inmates.
Those inmates requiring care beyond the capability of the infirmary shall be hospitalized
,at a licensed community facility. Routine admission from the Facility shall be made to a
hospital facility approved by the DC. Recommendations for hospitalization, with the
exception of emergency situations, shall require review and approval by the on-site CHO.
Hospital admissions that arise from emergency situations s~all be reviewed by the on-site
CHO 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 DC facility, with fue exception of emergency disciplinary or
mental health transfers. Services may be provided at the receiving facility and billed to
the CONTRACTOR, or, with the approv~ of the DC and the BUREAU, the inmate may
be returned to the sending Facility.
The CONTRACTOR shall be responsible for all levels of care, including Secondary or
Tertiary level of care, for permanent inmates assigned to the Facility.
Article 5.29 Dental Health Services. The CONTRACTOR will provide inmate dental health services
that conform to the DC's Dental Care Manual and the Standards in accordance with:
.
•

Chapter 466, Florida Statutes

•

American Correctional Association standards

•

American Dental Association standards

•

Florida Board of Dentistry Rules

•

Center For Disease Control Standards

•

Occupational Safety and Health Administration Standards

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 23 ofS1

The CONTRACTOR shall provide emergency and comprehensive dental care, consistent with all
applicable laws, rules, regulations and practicing standards. This includes reexamination,
complete and partial dentures, crowns and bridges when indicated, operative, endodontics,
periodontics and oral surgery. Prevention of dental diseas,es must be stressed along with oral
hygiene education. The CONTRACTOR shall have back-up coverage when the Facility's dentists
are not available.
.
.
All Facility dentists shall be currently licensed in the State of Florida and be in good standing
with the Florida Board ofDentistry. Copies of such licensure shall 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 Facility's dentists shall be provided by the
DC's Office of Health Services' Director of Dentistry. The CONTRACTOR's provision of
dental services shall include the-foll~wing components:

.A.

Initial intake screening within five (5) workdays of arrival; and

Development of a dental treatment plan that includes:

Prioritization of needs;

Counseling on oral hygiene: .

Fillings, cleaning and prosthesis: and

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, rules and regulations contained
herein. The DC publication, "Mental Health Services Plan," provides guidelines on how the DC has
organized its mental health care system. Inmates are assigned to a correctional facility according to the
mental health grade assigned during the health assessment each inmate receives up·on incarceration with
the State. Throughout the tenn of the Contract, the CONTRACTOR shall utilize the mental health
grading assignment system utilized by the DC and shall comply with the DC's Mental Health Services
Plan.
.The CONTRACTOR shall provide Mental Health Services to inmates that include, but are not
limited to, the following:

Screening and orientation of all new arrivals.

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

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

Psychological evaluation at the request of the Parole Commission or Facility staff.

Case management for all inmates who require treatment. Case management consists of
various activities designed to facilitate medically necessary care and to monitor its
impact.

Psychiatric assessment of those inmates referred for possible pparmacological
intervention.

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

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 24 ofS1

Individualized Service Plans, regularly updated for inmates requiring such plans pursuant
to DC rules and regulations and any applicable standards referen~ed herein, and for other
inmates receiving ongoing monitoring and/or care.

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

Regular group and/or individual counseling for all inmates requiring such pursuant to DC
standards and the roles and· regulations as described herein, and others in need of
treatment.

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:

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

Supervision of non-doctoral psychological staffbya doctoral psychologist.

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

Maintenance oflogs ofworkload and service delivery.

Updating various screens in the Health Service component of'the. Offender :Based
Information Systen;t (OBIS-HS).

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

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

Counseling programs.

Providing an intensive substance abuse treatment program as part of the Inmate
Reintegration Program.

Article 5.31 Pharmacv Services. The CONTRACTOR shall provide· Phannacy Services and such
·services will be perfonned in strict compliance with applicable Florida Statutes, Florida Board of
Pharmacy Rules, Federal Drug Enforcement Administration Rules, DC Policies and Procedures and all
other applicable rules and regulations referenced herein.
The Pharmacy shall be 'permitted to provide all pharmacy services for medication distribution at the
Facility as required by Chapters 465 and 893, Florida Statutes: This may be effected by utilizing on-site
pharmacies, mail order pharmacies or anypharmacy process meeting the requirements in this section.
The CONTRACTOR shall establish a Facility Pharmacy and Therapeutic Committee that shall make
determinations regarding pharmacy services provided by the CONTRACTOR.

The CONTRACTOR shall provide coverage on-site or on-call by a licensed phannacist 24 hours a day, 7
daYS a week. Each pharmacist performing services under the Contract shall be reachable by beeper.
The CONTRACTOR shall provide, furnish and supply pharmaceutical and drugs to the Facility utilizing
a "unit dose" method ofpackaging. 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 label shall
include the drug name, strength, lot number, expiration date and manufacturer. If a modified unit dose
system such as a card or blister pack is utilized, each card or pack 'shall be labeled as a prescription.
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 25 of 51

Prescriptions shall minimally be labeled to include the inmate nalne and number, drug name, dosage,
directions (frequency of administration) prescribing physician, pharmacist'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 fonn psychotropic medications, the necessarY precautions must be taken to prevent inmate "cheeking"
or other means of retaining medications without ingestion.
The CONTRACTOR shall strictly comply with the DC's fonnulary in all cases unless the DC approves a
medication exception request.
The CONTRACTOR shall provide other medications in liquid unit dose properly labeled as specified by
theCHO.
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 provideelIl:ergency drugs in sealed emergency pt(s)

requested by the CHO.

In accordance with all governing DC rules and regulations, the CONTRACTOR shall provide and fill all
prescriptions for inmates leaving on writ or discharge for a maximum of thirty (30) days or in sufficient
quantity to complete the current prescription. In no event shall an inmate on maintenance medications be
released or sent to another facility without at least seven (7) days supply of such medication. 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 name, inmate number,
inmate location, date, medication nalne, strength, instructions, prescribing physician, quantity,
pharmacist's initials, prescription number and warnings.
The CONTRACTOR shall package non-controlled, non-abusable medications in not more than a month's
supply as directed by the Facility's CHO. 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 pennanent file onsite for a period of three (3) years. Copies will be provided to the DC upon request.
The CONTRACTOR shall maintain appropriate documentation, including, but not limited to, inventory
records, controlled drug perpetual inventory, patient profiles and cost data for fine.ncia1 records. All
documentation shall be made available for review by the Warden and the DC's Office of Health Services'
Director of Pharmacy, or designated representatives of DMS.
The CONTRACTOR shall document and maintain a medication administration record to include all
information contained on the prescription label and the name of the practitioner who prescribed the
medication..
The CONTRACTOR shall perform in-service training for staff according to a schedule mutually agreed
upon and approved by the DC.
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 26 of 51

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

... - - - - .

The CONTRACTOR shall provide a licensed pharmacist to perfonn third party drug utilization reviews
as requested by the DC's 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 phamiacist's
monthly inspection report shall be completed. One copy shall remain in the pharmacy and a second copy
shall be sent to the DC's Director of Pharmacy.
The CONTRACTOR shall provide a Pharmacist to serve as chairperson of the Facility's Phannacy and
Therapeutics Committee and to consult on-site and by telephone with the CHO and staff as requested.
Article 5.32 Laboratorv 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 performed at a local hospital or accredited laboratory nearest the
Facility. Results shall be te~ephoned immediately to therequesting physician and a written report shall
follow wit!rln 24 hours.
Non-urgent laboratory services may be provided to the Facility by the DC's laboratory services contracted
provider or by the CONTRACTOR under a written arrangement. The most cost-effective process may be
utilized subject to prior Office of Health Services' approval. However, the subcontracted "laboratory must
be in compliance with all applicable requirements of Chapter 483, Florida Statutes, and the StandaICis as
described herein. If the CONTRACTOR provides any in-house laboratory testing, it must also oe in
compliance with the appropriate provisions of Florida law. If only waived tests are conducted, the .
CONTRACTOR must obtain a Certificate of Exemption from the Agency for Healthcare Administration.
Services shall include, but not be limited to:

Laboratory supplies andrequired equipment (i.e., centrifuges).

Pick-up and delivery on a daily basis, or as needed Monday through Friday.

Printer installed
ACCEPTABLE).

Immediate telephone contact with written" reporting capability within 24 hours.

the

Facility,

provide

te.st

results

(FACSIMILE

NOT

The CONTRACTOR .will provide a physician/.ARN.J:' who shall check, initial and date alilabol,'atory
results within an appropriate time, not to exceed 24 hours (weekends excluded), to assess 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 Services. The CONTRACTOR shall provide Radiology Services for all
medically necessary and appropriate diagnostic X-ray procedures, subject to the prior approval of the
DC's Office of Health Services. All 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 CHOfARNP with any report requiring immediate intervention. The CONTRACTOR shall ensure
that a written report, on the appropriate DC form, is forwarded as required. All emergency X-rays that
are required at times other than normal working hours shall be performed at a local facility. A physician
shall review, initial and date all X-ray reports within a reasonable time.

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 27 of 51

Article 5.34 Inmate Programmatic Services. The CONTRACTOR shall provide Inmate Programmatic
Servipes including academic and vocational programs that have the objective of reducing recidivism by
assuring the successful reintegration of the inmates back into society upon release from incarceration..
Such services shall be initiated upon the Service Commencement Date, that will be maintained
continuously and will be certified by the appropriate governing agency(ies). Teacher's and Instructor's
credentials must me~t or exceed all applicable requirements of Florida Law. The inmate participation
requirements set forth.in Exhibit 1 shall be reevaluated annually and adjusted as necessary by mutual
agreement of the parties through an addendum to this Contract; any reduction in inmate 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,
religious educational programs, or that in the CONTRACTOR's judgment may contribute. to inmates'
adjustment in the Facility or upon release. Volunteers shall be screened according to .the established DC
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 requirements of the Contract.
The CONTRACTOR shall achieve and maintain performance measures for these programs as stated in
the Contract and shall provide the BUREAU with a quarterly status report indicating whether the
programs' goals have been met or the reason why the goals have not been met.
.
Types ofprogram services t~ be provided include, but are not limited to the following:

Industry Programs that are specialized to meet current needs of the Facility and or the
DC. The industry program will be designed to impart knowledge and develop skills tliat
. are essential for success in meeting the needs of the Facility and or the DC, 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 certified, 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 ~dustry
programs. The program may include subcontractors to accomplish the program goals.

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

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 behavior and self-help programs are
encouraged.

Religious Services shall be made available to all inmates who wish to participate 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. lfthe
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 additional cost.

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
Pastoral
must be afforded in accordance with applicable federal and state laws.
qualifications of employees or volunteers in this program .must meet the minimum
qualifications required by the DC.

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 28 of 51

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.

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 a plan for providing academic and vocational
programs to inmates ("Program Plan"), to be initiated upon the Service Commencement Date, that will be
maintained continuously and certified by the appropriate governing agency(ies). The CONTRACTOR
shall include as an attachment to this Contract a list and complete description of all programs (Behavioral,
Vocational, Academic and Substance Abuse) to be provided to the inmates. Ail programs are subject to
reporting requirements of the state and federal government. Ail Programs described in the Contract must
be offered on a continuous and continual basis. Teacher/instructor ratios are to be reasonable to
accomplish.the goal, and, once approved, are subject to the vacant positions requirements of the Contract.
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 and,
if applicable, 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
shoes, 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:
•

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 Stat~ to
offset part of the cost of incarceration. Distribution of inmate earnings will continue to accrue 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. The CONTRACTOR shall provide inmates access to courts in
compliance with the Standards as referenced herein and the United States Constitution.
Article 5.40 CONTRACTOR Staffing Requirements.

The CONTRACTOR shall provide sufficient, qualified personnel to oversee and carry
out the required operations of the Facility as specified in this Contract and in accordance
with ACA Standards.
.
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 position can
accomplish all tasks.

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 29 ofS1

Equal Employment Opportunity: The CONTRACTOR shall provide written procedures
on recruitment and selection of both objective 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 handicap, except
when such requirement constitutes a bonafide occupational qualification necessary to
perfonn 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.

Vacancies: It is understood and 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 occurs when the employee assigned to that position has resigned,
been terminated, has deceased, or is reassigned to another position. A vacant position
also includes a staff position that is filled with a person who does not possess the training,
licensure or credentials required to perform the function. A vacancy does not occur
when an employee is temporarily absent due to vacation, sick leave, or other
temporary leave condition. In the case of a vacancy, the CONTRACTOR may
arrange for the service to be provided by another appropriately qualified employee,
subject to the overtime restrictions in Article 5.24, so long as the service is actually
provided on the shift or during the hours.
The CONTRACTOR agrees to exercise due diligence to attempt to fill any vacant
security positions within thirty (30) days of vacancy and to fill any non-security
positions within forty-five (45) days after the date upon which the position becomes
vacant. If the CONTRACTOR artticipates a problem in filling a vacant position
within the thirty (30) day allowance for security positions or the forty-five (45) day
allowance for non-security positions, the CONTRACTOR must request a waiver from the
BUREAU, to be reviewed on a case-by-case basis, to fill a position with contracted staff.
The request shall be submitted to the BUREAU Chief and the BUREAU's On-site
Contract Manager. The BUREAU shall respond to any such request within three (3)
working days. Positions not filled with permanent employees or contracted staff will
incur vacancy deductions until the position is filled. A list of vacant positions along
. with a position control documentation must be provided to that effect to the
BUREAU's On-site Contract Manager to be included on the monthly vacancy report
submitted to the BUREAU. Where contracted staff is utilized, the CONTRACTOR must
submit the invoice relative to payment for such contracted staff, reflecting dates of
service and costs, to the BUREAU's On-site Contract Manager along with the position
control documentation. The CONTRACTOR shall also submit documentation of any use
of overtime to fill vacant positions after the specified times. The BUREAU shall adjust
the Management Payment under Article 7.1 accordingly. This adjustment shall not be
considered a form of liquidated or actual damages, but is a withholding of payment for a
service not provided.
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 less than the
required number of employees for more than the specified time, deductions for
vacancies will be made from the monthly per diem paid by the BUREAU using the
365-day method inclusive of benefits, until such time as the position is filled permanently
or with. contracted staff.

Staff Health Requirements: The CONTRACTOR shall have all staff tested annually for

Moore Haven Correctional Facility
Operations & Management Services Contract

ContractNo. DMS 06/07-103
Page 30 ofS1

Tuberculosis, and offer inoculation for Hepatitis B per the DC's Blood Borne Pathogens
Manual and applicable ACA Standards.
E.

Minimum Required Staffing Positions: As provided by ACA.

StaffIng Oualifications:
Ail required personnel documentation including
certifIcations shall be maintained at the Facility. .

CONTRACTOR Staff Conduct: The CONTRACTOR shall ensure that all staff
adheres to the following requirements for conduct:
The CONTRACTOR or staff shall not display favoritism to or preferential
treatment of, one 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 personally employ the~ 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 or close associates, except for those
activities which are approved as part of the Contract and part of the empl~¥ee's
job description.
The CONTRACTOR or st!j.ff shall not engage in any conduct which is criminal
in nature or which would bring discredit upon the CONTRACTOR or the
BUREAU. In providing services pursuant to this Contract, the CONTRACTOR
shall enSl,lTe that their employees avoid both misconduct and the appearance of
misconduct.
Any violation or attempted violation of the restrictions referred to in this section
regarding employee conduct shall be reported by phone and in writing to the
Contract Manager and the Warden, including proposed corrective action to be
taken by 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 includingtennination of this
Contract.
The CONTRACTOR shall report any violations detailed above and any other
incident requiring investigation by the CONTRACTOR in writing to the Contract
Manager within 24 hours of the CONTRACTOR's knowledge of the incident.
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 me.
e) Criminal Historv Check: In accordance with Se9tion 110.1127, Florida Statutes
"Each employing agency shall designate those employee positions that; because
of the special trust or responsibility or sensitive location of those positions,
require that persons occupying those positions be subject to a security
background check, including fIngerprinting, as a condition of employment." The
operation of a correctional facility is a highly hnportant and highly sensitive
function of state goverinnent. The integrity, safety, and security of a correctional
facility are dependent upon the integrity, responsibility, and reliability of its staff.

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 31 ofS1

----------------------_

Therefore, the DMS requires all individuals seeking employment at private
correctional facilities to submit fingerprints for a background investigation to be
conducted to determine eligibility for employment.
.
The DMS will require the CONTRACTOR to conduct background re-checks on
all current non-certified employees every three (3) years. Fees associated with
the background checks will be the CONTRACTOR's responsibilitY.

As part of the pre-employment criminal history check, the CONTRACTOR shall
subject its officers, employees or agents, and any subcontractor or subcontracted
staff performing operational and/or management services at the Facility, at the
CONTRACTOR's expense, to a Florida Department of Law Enforcement
(FDLE) Florida' Crime Information CenterlNational Crime Information Center
(FCIC/NCIC) criminal history check. Random criminal history checks may be
conducted at any time during the contract period. In order to carry out this
criminal history check, the CONTRACTOR shall submit to the BUREAU, prior
to commencing services and upon request, the following data for any individual
contractor or subcontractor's staff assigned to the. contract: Full Name, Race,
Sex, Date of Birth, Social Security Number, Driver's License Number and State
of Issue, and fingerprint cards. The BUREAU has full discretion to require the
CONTRACTOR to disqualify, prevent, or remove any staff from any work under
the Contract.
The CONTRACTOR shall screen all potential employees through referral,
employment and background checks prior to the individual providing services,
custody, control or supervision to inmates as directed by the Contract. This
screening shall include but not be limited to employment history,
academic/vocational achievement, references, organizational affiliations and any
certifications or licensures.
The CONTRACTOR shall require that all current and potential employees
provide the details of any of the following criminal background information:
•

Conviction of a felony or first-degree misdemeanor;

•

Pled nolo contendere 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
.

•

Current pending charges for a violation of law.

The CONTRACTOR shall not assign or employ personnel to provide any
services pursuant to this ITN who were convicted of a felony unI~ss approved in
writing by the BUREAU.
The CONTRACTOR shall ensure that the BUREAU is provided the information
needed to conduct the NCIC/FCIC criminal history check prior to any new
contractor or subcontractor staffbeing 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 the Contract, who has not had
an NCIC/FCIC criminal history check conducted and employment approved by
the BUREAU.
The CONTRACTOR shall not hire any: individual to provide services as
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 32 of 51

described in the Contract who has been barred from any BUREAU, DC or other
criminal justice facility.
The CONTRACTOR shall immediately report to the BURBAU any new arrest,
criminal charges or convictions of any current officer, agent or employee
performing services under the Contract.
Article 5.41 Records and Documentation.

Records Maintenance: CONTRACTOR will provide a records and reporting system,
both manual and computerized, for Facility operations that includes the list below, and is
compatible with that used by the DC. 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 of all reports and records necessary for monitoring of any courtordered compliance.

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

Signed release of infonnation forms;

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

Referrals to other agencies;

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

Maintenance of records and reports; 'and

The retention arid storage of logl'! and records in a manner consistent with DC
policy and Florida law.

Management Information System: The CONTRACTOR shall install 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 health services.

Article 5.42 Deliverables. To operate a .985-bed, adult male, minimum/medium custody level
secure correctional facility.
.
Article 5.43 General Reporting Requirements. The CONTRACTOR shall provide to the On-site
Contract Manager samples of new or revised reporting requirements of the CONTRACTOR in the
performance of its obligations under this Contract.
Article 5.44 Monitoring and Evaluation.

Contract MonitoringlPerformance Evaluation Monitoring:
At its discretion, the
BUREAU will monitor the CONTRACTOR's performance to ensure compliance in
accordance with ·all Contract provisions, DMS's instructions, and all applicable
standards, ~cluding, but not limited to ACA, Administrative Rilles, DMS and DC
guidelines, specifications ofthis Contract, Court Orders and Decrees.
The On-site Contract Manager or designated representatives or employees of the

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 33 of 51

BUREAU may conduct inspections. as deemed necessary. The BUREAU shall have the
right, unless otherwise proscribed by law, to reasonably prompt access to examine and
receive copies, if request~d, of all records 'of the CONTRACTOR relating to the Facility,
including without limitation, all financial books and records, 'maintenance records,
employee records, and inmate records generated by the CONTRACTOR and its
subcontractors, or independent contractors, in connection with monitoring the
CONTRACTOR's performance of and compliance with this Contract.
The BUREAU's monitoring activities shall include review of subcontracts as previously
described herein. The On-site Contract Manager shall provide the CONTRACTOR, in
writing, the results of monitoring/inspection activities conducted. If CONTRACTOR
noncompliance issues are noted durin'g a monitoring activity, each shall be specifically
identified and corrective action shall be recommended with a time frame specified to
achieve compliance.
The cost of the On-site Contract Manager will be a deduction from the monthly
Management Payment to the CQNTRACTOR. The actual cost for such deductions will
be based upon the appropriated rate, salary and expense dollars for the function.
Compensation will be adjusted monthly to reimburse the BUREAU for the salary and
expenses (to include coverage of employee benefits) of the On-site Contract Manager.
Additional deductions will be made for any ad valorem taxes or payment in lieu of such
taxes that may become due on the Facility pursuant to judicial determination or legislative
mandate.
B.

Monitoring and Evaluation: The BUREAU's On-site Contract Manager or designated
BUREAU staff, will perform monitoring during the term of the Contract, but not less than
once a year to ensure Contract compliance. Monitoring shall include periodic review of
compliance with Contract performance, including, but not limited to, review of' the
following:
1)

Security

Inmate Management and Control

Inmate Programs and Services

Facility Safety and Sanitation

Administration

Food Service

Personnel Practices and Training

Inmate Health Services

Inmate Disciplitfe

In addition to monitoring, the performance of the CONTRACTOR may be compared to
the perfOrinance of the State in operating like facilities. The CONTRACTOR shall
supply all data related to performance of the' Contract necessary to conduct such
evaluations, excluding any data protected by law. In evaluating the CONTRACTOR's
performance, the BUREAU shall consider the specific areas identified above.
C.

Self-Monitoring:
The CONTRACTOR shall continually 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-monitoring of the
Facility. CONTRACTOR shall provide access to all self-monitoring to the On-site

Moore Haven, Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 34 ofS!

Contract Manager.
Article 5.45 Inmate Reintegration Program. CONTRACTOR will provide an Inmate Reintegration
-,Program which provides for the following:
Treatment Program Counseling which will provide individual and group Qounseling 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 i,s more
fully described in Exhibit 1.
Volunteer 'Programs which will include clearly specified lines of authority, responsibility, and
accountability for the volunteer services program; recruitment, screening and selection of volunteers;
and volunteer orientation and training.
'
EducationPrograms in compliance with the Standards and as more fully described in Exhibit 1.
Inmate Work Programs in compliance with the Standards. All inmates will be required to keep
their living areas clean. Work opportunities will be available in the food service, laundry, maintena1,1ce
shop, warehouse, and utility squads. The DC will be responsible for approving gain time credit for
labor performed. The CONTRACTOR will be required to submit an annual report documenting the
number, of persons who have satisfactorily completed each of the academic education, vocational
education, and substance abuse components, required to be delivered per the terms 0:6: this
Contract and the CONTRACTOR's response to the !TN. Included in this annual report shall'oe an
update of the career outlook analysis, concerning information as required in the Contract, including: type
of jobs the vocatipnal training prepares the inmates for; estimated job growth,both in the State of
Florida and in the fields of training being offered; salary range of the jobs available; and qualifications
, necessary for the jobs.
Article 5.46 Recreation. The CONTRACTOR will provide indoor and outdoor recreation and
,leisure time programs for the inmates in compliance with the Standards.
Article 5.47 Safety and Emergency Procedures. The CONTRACTOR will operate and maintain
the Facility in compliance with applicable federal, state and local safety and fire codes and in
accordance with the Standards.
'
Article 5.48 Incident Reporting. The CONTRACTOR will follow the policies and procedures
established by the DC and the BUREAU in the reporting of incidents occuring at the Facility.
ARTICLE SIX
EMPLOYEES
Article 6.1 Independent Contractor. With respect to the performance of the services set out
herein, the CONTRACTOR is and shall continue to be an independent contractor and, subject to the
terms of this Contract, shall have the sole right to manage, control, operate, and direct the
performance of the details of its duties under t.his Contract. The CONTRACTOR's agents and
employees shall not accrue from the State, the BUREAU, or the DC any leave, retirement,
insurance, bonding or any other benefit afforded to the employees of the State, the BUREAU, or
the DC as a result of this Contract. The CONTRACTOR, its agents, and employees shall not be
considered agents or employees of the State, the BUREAU, or the DC.
,Article 6.2 Subcontractors. The CONTRACTOR may not subcontract for the performance of any ofits
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 35 of 51

responsibilities or obligations pursuant to the Contract without prior written approval from the BUREAU.
DMS has entered into this Contract based on the representations and warranties ofperformance by the
CONTRACTOR. The CONTRACTOR shall not change key personnel, nor penuit such changes to key
personnel of any subcontractors, without prior express written approval of the BUREAU.
The CONTRACTOR shall furnish to the BUREAU's On-site Contract Manager copies of all
subcontracts, without regard to amount of annual payments. The CONTRACTOR shall submit for
BUREAU review of all procedural, and operational and fixed capital outlay project plans. Any
arrangement by the CONTRACTOR with an affiliate or member company to provide services to the
Facility shall be subject to 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 management of the subcontractor in the performance of their work. A
subcontractor may not work directly with the BUREAU in any manner and shall not be included in
contract negotiations, renewals, audit or any other discussions except at the request of the BUREAU.
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 defined in Section 288.703(2), Florida Statutes, which possess a current
certification issued by DMS' Office of Supplier Diversity.
Article 6.3 Personnel. The 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 attached
hereto as Exhibit 2.
Sufficient staff shall be employed at all times· to assure that all positions identified as critical
complement on the approved staffing pattern, are manned for each shift, unless a departure from the
staffing pattern has been approved in writing by the BUREAU Chief. The CONTRACTOR shall be
required to fill critical complement positions by using overtime or 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 incorporated by reference. .
Part-time correctional officers may be used as long as they are fully trained and licensed. The use ofparttime correctional officers shall be limited to a maximum of 20 hours per officer per week, for a total not
to exceed 900 hours per week for the Facility. The use of part-time staff in supervisory positions is
forbidden. Full-time correctional officers shall each be limited to no more than 24 hours of overtime in
any two-week period. The BUREAU reserves the right to authorize exceptions to this section.
The CONTRACTOR shall conduct a drug testing to include random anabolic steroid testing of 5% of all
certified staff, subject to forthcoming DC guidelines with which the CONTRACTOR shall reasonably
comply. The proposal must indicate how this will be implemented. Monthly reports must be submitted
to the BUREAU regarding the testing results.
Article 6.4 Training. The CONTRACTOR will provide training programs in compliance with the
Standards, Chapter 943 and Section 957.05, Florida Statutes, the Florida Department of Law
Moore Haven Correctional Facility
·Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 36 ofSl

Enforcement, Division of Training, and Chapter 33, Florida Administrative Code.
ARTICLE SEVEN
COMPENSATION AND ADJUSTMENTS
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 the number of inmates exceeding the 90% occupancy.
The BUREAU will compensate the CONTRACTOR at the following per diem rates (inmate, per
day):'
'
•
•
•

$54.90 times the minimum occupancy of 90% (Year One)
$10.09 for each inmate over the minimum occupancy rate of90% (Year One)
$50.44 Blended Rate (Yeiir One)

•
•
•

$56.55 times the minimum occupancy of 90% (Year Two)
$10.39, for each inmate over the minimum occupancy rate of 90% (Year Two)
$51.96 Blend~d Rate (Year Two)

• ' $58.25 times the minimum occupancy of 90% (Year Three)
. ' fi:
• $10.70 for each inmate over the minimum occupancy rate of 90% (Year Three)
• $53.52 Blended Rate (Year Three)
•

Minus monthly deductions for:
o The' Major Maintenance and Repair Reserve Fund set forth in Article 4.9, in the monthly'
amount of $8,708.22.
'
"
o The On-site Contract Manager set forth in Article 5.44, in the monthly amount of
$5,263.49 The CONTRACTOR will be required monthly to reimburse the BUREAU for
the salary and expenses of the On-site Contract Manager. Such salary and expenses will
include coverage of employee benefits. The salary and expenses of the On-site Contract
Manager may be adjusted annually, subject to legislative appropriations, at a rate not to
exceed the CONTRACTOR'S rate of per diem increase.
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 (886 inmates) times the 90% per diem rate subject to
legislative appropriations. The CONTRACTOR guarantee may be subject to the following: any liquidated
damages as setfoiib. in Article 10.11, deductions for position vacancies as setforth in Article SAO, dedl,1ctions
for reimbursement of the On-site Contract Manager as set forth above; deductions for the maintenance
reserve as set forth above; ad valorem taxes and/or PILOT payments required to be paid by
CONTRACTOR by judicial determination or legislative mandate, as set forth in Article 12.6; and any other
deduction or charge pennitted in this Contract.
Article 7.2 Invoices. The CONTRACTOR shaH submit monthly invoices within ten (10) working days
of the month end, in a format acceptable to the DC's accounting department to the attention of the
BUREAU's Contract Manager. Invoices shall be submitted in detail sufficient for'a proper pre-audit and
post-audit thereof. The invoice will reflect the prison population for each daY,midnight count, times the
.security per' diem minus adjustments allowed in the Contract. The DC will verify the daily imnate
population count. If there is a discrepancy between the CONTRACTOR's and the DC's counts, the DC's
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 37 ofS1

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 his/her successor shall be responsible for enforcing performance of
the Contract terms and conditions and he/she shall serve as liaison with the CONTRACTOR and shall
approve all invoices for payment.
Submit to:
Rhonda Vause, Chief
Bureau ofFinance and Accounting
Florida Deparbnent of Corrections
2601 Blairstone Road
Tallahassee, Florida 32399-2500

Bureau Chief
Bureau ofPrivate Prison Monitoring
Florida Department ofManagement Services
4050 Esplanade Way, Suite 335
Tallaha!?see, Florida 32399-0950
Name and Address of Payee
The name and address ofthe contact person and official payee to whom the payment shall be made:
Contact Person:
George C. Zoley, Chairman and CEO
The GEO Group, Inc.
One Park Place, Suite 700
621 Northwest 53 rd Street
Boca Raton, Florida 33487
Official Payee:
The GEO Group, Inc.
P.O. Box 281560
Atlanta, Georgia 30384-1560

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 BUREAUs responsibilities concerning
interest penalties and time, limits for payment of invoices. Vendors providing goods and services to an
agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days
to inspect and approve the goods and services, unless the bid specifications, 'purchase order or contract
specifies otherwise. An agency has twenty (20) days to deliver a request for payment (voucher) to the
Department of Banking and Finance. The twenty (20) days are measured from the latter of the date the
invoice is received or the goods or services are received, inspected and approved.
If a payment is not available within forty (40) days, a separate interest penalty, established
annually by the Chief Financial Officer pursuant to Section 55.03(1), Florida Statutes, will be due
and payable, in addition to the invoice amount, to the CONTRACTOR. The interest rate for
calendar year 2006 is 0.02466 percent per day (9.0% per annum). The interest penalty provision
applies after a thirty-five (35) day time period to health care providers, as defined by rule. Interest
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 38 of 51

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

penalties of less than one (1) dollar will not be enforced unless the CONTRACTOR requests
'payment. Invoices which are returned to a vendor due to vendor preparation errors will result in a delay
in the payment. The applicable time period does not commence until a properly cbmpleted invoice
is received by the DC.
A contractor Ombudsman has b~en established within the Department of Banking and Finance. The
duties of this individual include acting as an advocate for contractors who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Ombudsman may
be contacted at (850) 410-9724; the State's Chief Financial Officer's Consumer Hotline is (800) 3422762.
Article 7.4 Adjustments to Compensation. The BUREAU recognizes that the CONTRACTOR has
entered int9 this Contract based upon the Standards in effect as ofthe date the Contract became effective.
If there are changes in the Standards ot Unforeseen Circumstances which change the scope of services
to be furnished pursuant .to this Contract and increase or decrease the cost of managing t.he
facility, the CONTRACTOR will provide the BUREAU written notice and documentation supporting
an adjustment to compensation. The BUREAU will review and may grant or deny the. adjustment to
compensation, at its sole discretion. The BUREAU may adjust the total compensation paid the
CONTRACTOR so that the CONTRACTOR may be paid compensation equal to the amount required to
the change in CONTRACTOR's cost managing the Facility because of the change in scope of
services, retroactive to the effective date of such cost changes. Since requests for appropriated
funds are based on costs as provided in the 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 adequacy of -appropriated funds, sufficient to cover the
compensation change.
.
Article 7.5 Supplemental Compensation. In the event that, pursuant to .Article 4.11, the
CONTRACTOR proposes to expand the capacity of the Facility and the BUREAU approves such a
proposal, then the CONTRACTOR shall be eligible for supplemental compensation for any imnates
housed in the Facility in excess of the original capacity. The per diem 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 maximtim 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, pursuant to Section
287.0582, Florida Statutes; the State is not obligated for any payments that exceed the amount of the
current appropriation, pursuant to Section 957.04(1)(h), (2)(d), Florida Statutes.
ARTICLE EIGHT
INDEMNIFICATION AND INSURANCE
Article 8.1 Indemnification. The CONTRACTOR hereby assumes entire-responsibility and liability
for any and all damages or injury of any kind or nature whatevet: (including death resulting therefrom)
to all persons, whether employees of the CONTRACTOR or otherwise, and to all property caused by,
resulting from, arising out of or occurring 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 claims for such 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 negligence or participation in the wrong
or upon any alleged breach of any statutory duty 'or obligation on the part of the above parties, the
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 39 ofS1

CONTRACTOR agrees to indemnify, defend and hold harmless, the State and the BUREAU, its
officers, agents, servants and employees from and against any and all such claims, and further from
and against any and all loss, cost expense, liability, damage or injury, including legal fees and
disbursements, that the State, its officers, agents, servants or employees may directly or indirectly
sustain, suffer, or incur as a result, and 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 which may be brought against the State, its contractors (if any), its officers, agents,
servants or employees, arising by reason of such claims and to pay on behalf of the State, its officers,
agents, servants and employees, upon demand of either of them, the amount of any judgment that
may be entered against them, individually, jointly or severally, its officers, agents, servants or
employees in any such action.
As part ofthe CONTRACTOR's assumption of all responsibility and liability for any and all damage or
injury as detailed above, the CONTRACTOR further agrees to hold harmless, defend and
indemnify the State for any loss, expense, recovery or settlc;:ment, including counsel fees and costs
of defense, which arise from any demand, claim (whether frivolous or not) or suit which may be
asserted or brought against the State or the CONTRACTOR as a result of any injury or damage to any
person or persons (including death) or property (i) allegedly caused by, resulting from, arising out
of, or occurring in connection with the furnishing of any goods, equipment or services or the
performance or preparation for performance of any of the work or any duties of the
CONTRACTOR hereunder, or incidental or pertaining thereto, and (ii) whether or not such injury or
damage is due to or chargeable to any contractor or subcontractor under a contract for 'whie-lJ.;, the '
goods or services herein ordered are required, including, but not limited to, any claim based on
liability without fault for injury caused by defective goods supplied by the CONTRACTOR.
The CONTRACTOR also agrees to assume responsibility for, hold harmless, defend and/or
indemnify the State for payment of any expenses, costs (including delay costs), direct and
consequential damages, penalties, taxes or assessments (including punitive damages), including
counsel fees and costs of defense,which may be imposed or incurred (a) under any Federal, State,
or local law, ordinance or regulation upon or with respect to any compensation of any person
employed by the CONTRACTOR, and (b) under any Federal, State, or local law, ordinance or
regulation upon or with respect to discrimination in employment against any individual employed
by the CONTRACTOR on the basis of race, color, religion, sex, or national origin, and (c) under
any Federal, State, or local law, ordinance or regulation upon or with respect to any compensation
of any person for claims or civil actions alleging deprivation of right, privilege or immunity secured
by the United States Constitution and laws pursuant to 42 USC Section 1983 or similar statutes as
well as claims for attorneys fees brought pursuant to 42 USC Section 1988 or similar statutes.
Article 8.2 Legal Proceedings. The CONTRACTOR shall'not be responsible for defending any postconviction action, including appeals and writs of habeas corpus by any inmate challenging the
underlying judgment ofconviction or the administration of the sentence imposed.
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 coverage (broad form coverage) which shall specifically include fire, and legal liability in
an amount not less than two million dollars ($2,000,000) for each occurrence within a yearly aggregate of at
least ten million dollars ($10,000,000), and civil rights claims in an amount not less than two million
dollars, ($2,000,000) for each occurrence within Ii yearly aggregate of at least five million dollars
($5,000,000). The State of Florida and its respective agencies shall be' included as ,additional insureds
under the policy of general liability insurance coverage issued to the CONTRACTOR. Coverage for civil
rights liability may be issued under a separate policy but shall also include the State and its agencies as
additional insureds. Vemcle liability coverage for all vehicles used by the CONTRACTOR shall be
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 40 ofSl

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 workers' compensation insurance
coverage (including employer liability) in the amount and manner required by Florida law for all
'
employees of the CONTRACTOR.
The CONTRACTOR shall obtain andlor 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 occurrence coverage is not available, claims-made coverage with a three (3)
year tail coverage shall be pr?vided for the same amounts and aggregate as detailed 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 coverage may be provided by separate coverage or as an
. additional endorsement to a general liability policy, but shall be in the same amounts and limits of
coverage as that required for generalliabilit'lj coverage;
_
The CONTRACTOR shall 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 general liability coverage) and property coverage (tire and extended coverage) for
the full value of the buildings, structures or other facilities operated by the CONTRACTOR and its
subcontractors and all movable contents which value can never 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 CONTRACTOR 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
State and its respective agencies shall be included as additional insureds under this policy.
All insurance coverage shall be obtained by the CONTRACT9R through an insurance agent licensed in '
the State of Florida and such coverage shall be provided by an insurance company licensed to
issue such coverage in the State of Florida. No "self-insurance" coverage shall be acceptable
unless 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 policies shall include a provision requiring at 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 full force and
effect during the term of the Contract. No contract shall be entered into between the
CONTRACTOR and the BUREAU unless insurance coverage binders are received by the date
Moore Haven Correctional,Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 41 ofS1

scheduled for the execution of the. Contract. Proof of insurance policies must be delivered prior to the
date on which the services of the CONTRAC,TOR shall commence.
All insurance coverage is to be provided by insurance carriers admitted to do business in Florida
and coverage issued by surplus lines companies shall not be acceptable with the exception of civil
rights liability coverage. All insurance carriers shall be, at the minimum, rated "A VIlli by
A.M. Best or an equivalent rating by a similar insurance rating service.
The CONTRACTOR ·may choose the amount of deductible for any of the insurance coverage
required above to be obtained by the CONTRACTOR, but in no event shall such deductible for each
occurrence exceed ,three (3) percent 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 addition to the policy limits.
The limits required herein are the minimum acceptable. However, these limits are not to be construed
as being the maximum any CONTRACTOR may wish to purchase for their own benefit.
As respects to the total limits of liability required, any combination of primary and/or umbrella
coverage may satisfy those totals. However, if an umbrella is used, coverage must be at least as
broad as the primary coverage.

Article 8.4 Certificate of IDsurance and Cancellation. During the performance of the management
services heretinder,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-insured and entitled to all 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 ofthem, or by anyone for whose acts any of them may be liable. The BUREAU
shall be notified at least thirty (30) days in advance of cancellation, non-renewal or adverse
change in the coverage. New Certificates of Insurance are to be provided to the BUREAU at least
fifteen (15) days after receipt by the CONTRACTOR.
Article 8.5 Defensellmmunity. By entering into the Contract, neither the State, DMS, the DC 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 receipt by the BUREAU or the DC, or of
any agent, employee or officer thereof of a summons in any action, or within five (5) calendar days of
receipt by the BUREAU or the DC, or of any agent, employee or officer thereof, of notice of claim, the~
BUREAU, the DC, or any agent, employee or officer, shall notify the CONTRACTOR in writing of the
.commencement thereof. The notice requirement is intended to ensure that the CONTRACTOR's defense
of the claim is not harmed by failure to comply with the notice requirements. Failure to comply with the
notice requirements may result in the CONTRACTOR's refusal to indemnify the BUREAq, the DC, or
any agent, employee or officer, but only if such failure to notify results in a prejudice to the CONTRACTOR,
the BUREAU, the DC, or any agent, employee or officer. The CONTRACTOR will provide the
BUREAU or the DC similar notice of claims.
Article 8.7 Prior Occurrences. The CONTRACTOR shall not be responsible for any losses or costs
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 42 of 51

resulting from inmate litigation pending at the effective date ofilis Contract or for lawsuits based on acts
or omissions occurring prior to the effective date of the Contract. However, the CONTRACTOR agrees
to cooperate with the State in the defense of any such suits. The BUREAU recognizes that any settlement
or judgment in such cases may lead to a request that the· compensation be increased pursuant to
Article 7.4.
Article 8.8 Waiver. No waiver of any breach ofany of the terms or conditions of the Contract shall be
held to be a waiver of any other or subsequent breach; nor shall any. wl;liver be valid or binding
unless the same shall be in writing and signed by the party alleged to have granted the waiver.
ARTICLE NINE
CERfAINPR0BIBll10NS
Article 9.1 Prohibitions. The .CONTRACTOR aclmowledges the provisions of Section 957.06,
Florida Statutes, which states that a contract entered into under this chapter does not authorize, allow, or
imply a delegation of authority to the CONTRACTOR to:

A)
Choose the facility to which an inmate is initially assigned or subs.equently
transferred. The CONTRACTOR may request, in writing, that an inmate be transferred to
a facility operated by the DC. The BUREAU, the CONTRACTOR, and a representative of the
DC shall develop and implement 'a Transfer Agreement for transferring inmates between a
correctional facility operated by the DC and the Facility. The DC, the BUREAU, and the
CONTRACTOR must comply with the Transfer Agreement.
B)
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 DC.
C)
Make a final determination on a disciplinary action that affects the 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 sentence imposed upon or the time served by an
'
inmate, including a decision to award, deny, or forfeit gain-time.
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 infonnation.
E)

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

G)
Determine inmate eligibility for any form of conditional, temporary, or permanent
release from a correctional facility.
ARTICLE TEN
DEFAULT AND TERMINATION PROVISIONS
Article 10.1 BUREAU Breach. Each of the following shall constitute a Breach of Contract on the
Moore Haven Correctional Facility
Operations & Management Services Contract .

Contract No. DMS 06/07-103
Page 43 of 51

part of the BUREAU:
A)

After appropl:iation of adequate funds by the State, failure by the BUREAU to make
payments to the CONTRACTOR under the guidelines of Section 215.422, Florida Statutes.

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 is otherwise excused under this Contract; such failure or refusal is
permitted by agreement; or, such failure or refusal is warranted ~y the CONTRACTOR's breach
under Article 10.2.

Article 10.2 CONTRACTOR Breach. Each of the following shall constitute a Breach of Contract
on !he 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 with by the CONTRACTOR hereunder, which such failure continues fa;" a period of
twenty (20) days, or such longer time as may be granted pursuant to Article 10.4, after the
CONTRACTOR has written notice thereof; unless: such failure or refusal is caused by a Force
Majeure event or is otherwise excused under this Contract; such failure is permitted by
agreement; or, such failure is warranted by the BUREAU's breach under Article 10.1.

A material failure to meet or comply with any court order, ACA Standards, or federal or
state requirement of law, which such failure continues for a period of twenty (20)
days after the CONTRACTOR has written notice thereof;

A failure to maintain ACA accreditation in accordance with Article 5.9;

The 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 all or substantially all of its property to be entered and, if entered without its
consent, not to be stayed or discharged within sixty (60) days; (iv) 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, or any
similar process to be issued or levied against a substantial part of its property which Is not
released, stayed, bonded, or vacated within sixty (60) days after issue or levy; or

Any other action by the CONTRACTOR which would be considered a breach of this
Contract at c9mmon 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) and the CONTRACTOR's
obligation to refrain from false statements or misrepresentations (breach of which notice and opportunity
to cure 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 corrected or cured within a time period specified in the notice,
will constitute a material breach of the Contract on the part of the party against which a breach is
asserted.
.

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 44 ofSl

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
cured 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 exceed a
total of forty-five (45) days, unless extended by the BUREAU, then the CONTRACTOR may, within
the twenty (20) day cure period, submit a plan for curing the Breach of Contract to the BUREAU
Chief. Such plan shall show in detail by what means the CONTRACTOR proposes to cure the Breach
of Contract. Upon receipt of any such prim 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 for curing the Breach of Contract.
Article 10.5 Remedy of the BUREAU. Upon the occurrence of a Breach of Contract by the
CONTRACTOR, and, where practicable, upon satisfaction of the requirements of Article 10.3 and lOA,
the BUREAU 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 may offset
against any payments owed to the CONTRACTOR all 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; and (iv)
termination and removal of the CONTRACTOR as the operator of the Facility and the offsetting
against any payments owed to the CONTRACTOR by the BUREAU of all reasonable eosts
incurred by the BUREAU to cure the Breach of Contract, includip.g attorneys' fee. In the event of
a termination of this Contract due to a Breach of Contract under Article 10.2, the BUREAU shall have no
further obligations to the CONTRACTOR after the CONTRACTOR's removal; the CONTRACTOR
agrees to comply with Articles 10.9 and 12.5 with respect to the transition to new management. In the
event of any remedy pursuant to this Article 10.5, the CONTRACTOR shall have the right to
appeal to the BUREAU, and during any such appeal, the remedies pursuant to this paragraph shall be
tolled.
Article 10.6 Remedy of the CONTRACTOR. Upon a ,Breach of Contract by the BUREAU, the
CONTRACTOR's sole 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 by either party due to Force Majeure shall not constitute a Breach of Contract or an Event of
Default under this Contract.
Article 10.8 Termination for Non-Appropriation. The payment of compensation hereunder by the
BUREAU is contingent upon the availability of funds legislatively appropriated to pay such
compensation. In the event funds for compensation pursuant to the Contract become unavailable due to
non-appropriation, the BUREAU shall have the right to terminate this Contract without penalty.
Article 10.9 Contract Termination and Control of a Correctional Facility by the DC. A detailed
plan must be' provided by the CONTRACTOR under which the DC will assume control of the
Facility upon termination of the Contract. The BUREAU may terminate the Contract with cause,
once written notic'e of material deficiencies is provided and twenty (20) days cure period has run, if
required, 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 of inmates, employees, or the public, ,the BUREAU shall request that the DC
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 45 of 51

temporarily assume control of the Facility. A plan must also be provided by the CONTRACTOR
for the purchase, and assumption of operations of the Facility by the DC in the event of
bankruptcy or the financial insolvency of the CONTRACTOR. The CONTRACTOR must
provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or
other serious events in accordance with the ACA Standards.
Article 10.10 Termination for Convenience. The BUREAU may terminate this Contract for
convenience by giving the CONTRACTOR written notice ninety (90) days prior to the termination
effective date.
Article 10.11 Liquidated Damages. The CONTRACTOR, in the event of breach or default, shall pay to
the BUREAU, not as a penalty but as liquidated damages, in the following corresponding amounts, per
day:
Service Area I:.

Security and control, ACA Accreditation, Health Services, Use of Force,
Escapes, On-site Contract Managering.

Vendor Breach
Failure to Provide Services
Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Requirements

Service Area 2:

...:.::.,-

$1,500

Sanitation and Hygiene, Food Service, Mail, Religion, Access to Court, Inmate
Discipline, Grievance, Visitation, Records and Reports, Employee Qualifications
and Training.
Vendor Breach
Failure to Provide Services
Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Requirements '

Service Area 3:

$5,000
$1,000
$2,500

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

Operating Standards, Transportation, Maintenance, Repairs and Replacements,
Inroate Work, Academic & Vocational Training, Sentence Computation Data,
Classification and Case Management, Commissary, Policies/Procedures/Post
Orders, Inmate Management Fund/Bank AccoUnts.
Vendor Breach
Failure to Provide Services
Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Requirements

Moore Haven Correctional Facility
Operations & Management Services Contract

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

Contract No. DMS 06/07-103
Page 46 ofSl

Service Area 4:

Laundry and Inmate Clothing, Telecommunications, SupplieslPerishables,
Recreation
Vendor Breach
Failure to Provide Services
Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Requirements

$1,50.0
$500
$1,000
$1,000

Assessment of Liquidated Damages shall not constitute a waiver of the BUREAU's right to terminate the
Contract for cause and request any other damages or remedies allowed by law.
ARTICLE ELEVEN
ON-SITE CONTRACT MANAGER
Article 11.1 On-site Contract Manager. The On-site Contract Manager will be designated by the
BUREAU. The On-site Contract Manager will be the official liaison between the BUREAU and the
CONTRACTOR on all on-site matters pertaining to the operation and management services of the
Facility. All official communications shall take place between the On-site Contract Manager and the
CONTRACTOR, unless the BUREAU directs otherwise. All other communication betweep. the
BUREAU's employees and the CONTRACTOR shall be managed according to policies adopted by both
parties.
Article 11.2 The On-site Contract Manager's Use of Facilitv Space. The CONTRACTOR shall make
work space available at the Facility to the On-site Contract Manager. The On-site Contract Manage's
work space mustbe approved by the BUREAU Chief.
Article 11.3 Self-Monitoring. The CONTRACTOR shall continually 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
COlltinuouS self-monitoring of the Facility. The CONTRACTOR shall provide access to all selfmonitoring to the On-site Contract Manager.
ARTICLE TWELVE
MISCEILANEOUSPROVISIONS
Article 12.1 Non-Discrimination. The CONTRACTOR shall, in the perfonnance of this Contract, strive
to achieve the goals for minority participation set forth in this section. As used iiJ. this Contract, the
terms "Certified Minority Business Enterprises" and IMBE(s)" mean only those minority business
enterprises as defined in Section 288.703(2), Florida Statutes, which possess a current certification
issued by DMS' Office of Supplier Diversity. The CONTRACTOR will be required to provide the
On-site Contract Manager with a semi-annual report concerning minority participation.
.
Article 12.2 Operational Plan Requirements. As a condition precedent to commencement of
services hereunder and, prior to the Services Commencement Date, the CONTRACTOR shall provide
the BUREAU, for the BUREAU's written approval, an Operational Plan that covers the full range of
Facility operations, including, but not limited to, the following:
A policy and operations manual which shall cover:

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 47 ofS!

• . All aspects of Facility operations.
• Procedures that will be utilized to facilitate monitoring of the Facility by the operator's
Authorized 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
CONTRACTOR's bankruptcy or inability to perform its duties hereunder.
• An' emergency procedures/security manual for confidential use by staff supervisors
employed by operator.
• Post orders for all Facility security staffpositions.
• Job descriptions for each position, including salary range, education and experience
requirements, descriptions ofjob duties, and full-time or part-time designation.
The CONTRACTOR shall notify the BUREAU in writing of desired changes in, or additions to, the
Operational Plan with regard to the CONTRACTOR's policies and procedures, emergency
procedures/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 Chief. The
BUREAU Chief shall respond to a request for changes' within thirty (30) days. A material breach of.
the Operational Plan shall be regarded as a Breach of this Contract.
Article 12.3 Location of Performance.
No work or services incumbent upon the CONTRACTOR may be conducted, contracted for, or otherwise
performed outside the physical jurisdiction of the State of Florida without' prior express written approval
by the BUREAU. The CONTRACTOR may submit a written request to the BUREAU for an exception
to this prohibition, which shall be approved or denied on a case-by-case basis at the BUREAU's sole
discretion.'
.
Article 12.4 Books and Records. The CONTRACTOR shall keep at the Facility proper and complete
books, records, and accounts with respect to the Facility and all subcontractors thereof, and shall permit
the On-site 'Contract Manager and the BUREAU or its designees to inspect the same at all reasonable
times, and to make and take away copies thereof, pursuant to Article 5.44.
Article 12.5 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
licenses, 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 12.6 Transition. Upon the termination of this Contract, the CONTRACTOR agrees to work
with the BUREAU, the DC, and/or DC management supervision, in accordance with Article 10.9, for a
period of ninety (90) days to ensure an orderly and efficient transition from the CONTRACTOR's
management to the BUREAU and/or the DC management (or management by a third party) 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 shall: (i) pay, or make provision
for payment of, all lawful taxes and assessments levied or assessed by the federal, state or any local
Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 48 ofS1

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 Florida Correctional Finance
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 Florida Correctional Finance 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 adequate 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, except permitted encumbrances, as defined in the Lease/Purchase
Agreement with respect to the Facility entered into by and between the BUREAU and the Florida
Correctional Finance Corporation; and (iv) pay all utility charges, including "service charges",
incurred 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
acknQwledge that the. use of a lease purchase agreement utilizing tax-exempt financing for the
construction of the 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 assistance, support, and expenditure of legal
resources (including a pro rata share of all attorneys' fees and costs) in order to suppor.t any
efforts by the State to defend the sovereign immunity from such taxation enjoyed by the Fa'cility
'- as State property, pursuant to First Union National Bank of Florida v. Ford 636 So.2d 523 (Fla. 5th
DCA 1993). DMS will pay 50% of all such attorneys' fees and costs. The CONTRACTOR's pro
rata share of the rema:ining 50% of attorneys' fees and costs will be based on the proportion of
private prison facilities the CONTRACTOR operates under contract with DMS to all private prison
facilities under contract with DMS.

In the event that either a judicial determination or a State legislative mandate explicitly subjects
the Facility to ad valorem taxation or requires payment in lieu of taxes (PILOT), the amount of any
such annual ad valorem tax or PILOT payment shall be deducted on a pro-rated monthly basis from
the 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 renewed 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 12.4 and 12.7, 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 12.4 and 12.1.
Article 12.10 Invalidity and Severability. In the event that any provision of this Contract shall be
held to be invalid, such provision shall be null and void. The validity of the remaining provisions of
the Contract shall not in any way be affected thereby.

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 49 of51

Article 12.11 Counterparts. This Contract maybe executed in multiple counterparts, each of which
shall be deemed to be an original and all of which shall constitute one contract, notwithstanding
that all pi:u1:ies are not signatories to the original or the same counterpart, or that signature pages from
different counterparts are combined, and the signature of any party to any counterpart shall be deemed
to' be a signature too and may be appended to ,any other countel1'art.
Article 12.12 Interpretation. The headings contained in this Contract ate for reference purposes
'
only and shall not affect the meaning or interpretation of this Contract.
Article 12.13 Terminology and Definitions. All personal pronouns used in this Contract, whether
used in the masculine, feminine, or gender-neutral, shall include all other genders; the singular shall
include the plural; and the plural shall include the singular.
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 in 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 12.16 Third Party Rights.. The provisions of this Contract are for the sole benefit oUhe
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 ls
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 and
experience of the CONTRACTOR, the management 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 following (a) a merger with or an acquisition
by any corporation, partnership, person, or other entity; (b) the acquisition by or purchase of more
than ten percent (10%) of the outstanding shares of the CONTRACTOR by any corporation,
partnership, person, or other entity; and (c) a change in the senior management of the
CONTRACTOR, senior management including its President, Chief Executive Officer, and the
membership of its Board of Directo;rs. If, in the reasonable judgment 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 Contract, the
BUREAU reserves the right to terminate the Contract without liability or penalty to the BUREAU.
Article 12.20 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 Section 119,
Florida Statutes.
Article 12.21 Notices. All notices shall be sent certified mail; return receipt requested to:

Moore Haven Correctional Facility
Operations & Management Services Contract

CorttractNo. DMS 06/07-103
Page 50 of5!

BUREAU:

Bureau Chief
Bureau ofPrivate Prison Monitoring .
Florida Department ofManagement Services
4050 Esplanade Way
Tallahassee, Florida 32399-0~50

CONTRACTOR:

John Bulfin, General Counsel
The GEO Group, Inc.
One Park Place, Suite 700
621 Northwest 53 rd Street
Boca Raton, Florida 33487

IN WITNESS WHEREOF, in order to be legally bound, the parties have caused their authorized
representative to execute this Contract, executed and effective as of the last date indicated below.

STATE OF FLORIDA,
DEPARTMENT OF MANAGEMENT SERVICES

. By: Linda South, Secretary

Approved as to fonD. and legality by
th Department's General Counsel's Office:

tfLuJ- nl CuJ?Jl1L

THE GEO GROUP

BY'~

Amber D. Martin,
Its: Vice President, Contract Administration
DATE:

&r ?-B..rO)
/

ATTEST:~~~~~~
./
Its:

f~w/A~ ~

Moore Haven Correctional Facility
Operations & Management Services Contract

Contract No. DMS 06/07-103
Page 51 of 51

The GEO Group, Inc.

Florida ITN OMS 06/07·103
Technical Proposal1.U page 1of 11

()
1. Technical Proposal
U. INMATE PROGRAMMATIC SERVICES
1. Introduction
The GEO Group, Inc. (GEO) insists that each of its facilities be a model of modern correctional management
and inmate programs. We believe that while incarcerated each inmate must be given the greatest opportunity
to change his or her life. Through counseling, work opportunities, academic and vocational education, life skills,
and other treatment programs, each inmate is given the chance to realize a successful future as a contributing
member of afree society.
.

GEO has a rich history of providing quality academic and vocational services to inmates, understanding that
effective, evidence·-based, programming can reduce recidivism and help inmates become productive members
of society. In 2006, GEO had an average daily enrollment of nearly 8,000 inmates in academic and vocational
programs. Year in and year out, GEO facilities issue nearly 1,000 GED certificates. In addition to meeting ACA
standards, four of GEO's educational programs have received accreditation from the Southern Association of
Colleges and Schools (SACS), including our South Bay facility. Our Lawton Correctional ,Facility in Lawton,
Oklahoma, became the first private correctional facility in the world to be accredited by the Correctional
Education Association (CEA), the largest international accreditation association in the world.

The Moore Haven Correctional Facility, under GEO's management, has an average 9aily enrollment of 164
inmates enrolled in academic classes, 173 in vocational training, 166 in substance abuse education, and 122
in Life Skills classes. In addition, ten (10) inmates are enrolled in college ~ourse work each· month and more
than 20 are. employed in the Prison Industry. Enhancement Certification Program, learning vital job skills to
increase their employability potential upon release.
2. Staff Credentials
The GEO educational staff is committed to establishing goals and parameters so that each inmate may
understand his individual potential. By prOViding a positive self-example we are determined to continually
motivate the inmate's thought process· as we encourage him to recognize his full potential. We have dedicated
ourselves to fostering and developing life long learners to becoming contributing members of society by
providing the necessary tools, ideals, and support to encourage this capacity for change.
.

All academic and vocational instructor credentials shall be in accordance with American Correctional
Association ACA Fourth Edition Standards and applicable Department of Corrections (DC) and Department of
Education (DOE) requirements.

3. Inmate Participation Requirement .
.
.GEO is familiar with the partipipation [E)qu.ir.ements.set by the Depa~m.enJQtManagement Services and. has a.... _ ' ..
strong record of meeting and exceeding these requirements. GEO agrees that at all times during the course of
the contract it will maintain inmate participation in behavioral, academic, vocational, and substance· abuse
education programs at the facility with the inmate actively attending specified programs at the participation
percentage level identified in Subsection 7 of this Section of the proposal. These programs will be offered in
compliance with ACA standards and the participation requirements established by OMS.

The GEO Group, Inc.

Florida ITN DMS 06/07·103
Technical Proposal1.U page 2 of 11

4. Volunteer Program
Prison programming is dependent on recruiting and utilizing volunteers from the community to assist in
providing services for inmate rehabilitation. Utilizing volunteers from the community, GEO is able to provide a
wide variety of programs. Currently GEO has 373 volunteers on the volunteer list at Moore Haven Correctional
Facility who are under the supervision and direction of the Chaplain. There are 43 properly screened,
interviewed, and trained volunteers who visit the prison each month as they provide necessary assistance and
services to the inmate population.

5. Reporting Requirements
Prior to placement GEO program staff shall ensure that each inmate is assessed and evaluated by our staff to
ensure that the appropriate goals and programs are offered. The inmate's individual progress will be routinely
documented in an individual education plan. The level of programming will be appropriate to the inmate's
needs and capabilities. Inmate progress will also be routinely reassessed and communicated back to the
inmate to allow for feedback and tracking so that the inmate understands where he stands relative to his
program goals. GEO will provide all necessary logistics to ensure that the programs offered to the inmate
population are of the highest caliber, prepared by professional staff in surroundings conducive for learning,
provided in an innovative correctional educational environment, and offered on a continuous basis. Further,
GEO program staff shall ensure that performance measures as stated in the contract are both achieved and
maintained. GEO program staff shall provide the OMS with a quarterly status report indicating whether the
established facility program goals have been met. GEO understands and, agrees that inmate programs are
subject to reporting requirements of the state and federal government.
6. Types of Programs
Academic· GEO is proud to include the Moore Haven Correctional Facility along with its current operation of
the South Bay Correctional Facility into its cadre of educational program successes. These program successes
have been accomplished by providing a comprehensive educational program to meet the needs of individual
inmates. Many of our educational programs have received regional accreditation through the Southern
Association of Colleges and Schools (SACS), one of six regional accrediting bodies in the United States. GEO
believes that the voluntary regional accreditation process incorporates the benefits of self-evaluation, peer
review and compliance with standards to foster excellence in education programs. It also provides assurance
that acommitment has been made to pursue educational excellence and that the necessary resources will be
made available to accomplish that goal.

. All education programs will be provided in accordance with ACA fourth Edition Standards and certified through
the applicable governing agency. All programs will be offered on a continuous basis for both open entry and
open exit. ·f£~QjNi1rprovra-~~'§·I"6mpr.eFieiisfv.e.::e.auc-atlon·aCpr.6·gr.am]6o:Jj)cfude~basic.~education:arid .adUltJit~r~¢y.~;
[gffOrd!rr9.:?y.~!Y_:1D.'(n~1$ thf\)p'pOrturilty..:to"earn:J"!ieir::XtElt These programs will be structured to meet the
literacy needs of each individual inmate. The primary objective of the facility's literacy program will be to help
inmates prepare themselves for a positive transition back into society. This will be accomplished through the
-development of the necessary· academic skills-as well as· building the-inrtlate~s confidence in his-ability. to- .
succeed and become aproductive and law-abiding citizen. Amajor emphasis will be placed on the development
of basic skills in reading, written communication, mathematics, test taking and life skills.

The GEO Group, Inc.

()
-

.-'

Florida ITN DMS 06/07·103
Technical Proposal1.U page 3 of 11

GED will be using a learning competency, computer-based program to strengthen literacy skills among the
inmate population attending school. This computer lab will be available to academic and vocational instructors
as an adjunct to the regular classroom instruction. The desired educational program outcome is for every inmate
to qualify to obtain their G,E.D. certification while at the facility jf they do not already have their High School
Diploma or G.E.D., to advance to Post-Secondary academic programs or vocational education training, and to
work in the facility's industry program. GED has extensive on-site experience successfully providing these types
of programs to a wide range of inmates. Students without a high school diploma or G.E.D. shall be assessed
and enrolled in the appropriate educational program.
Upon initial assignment to the facility, and completion of the intake process each inmate's records will be
reviewed. The Classification Committee will classify each inmate and develop an Individual Program Plan
(lPP), Inmates who do not have a high school diploma or who have not passed the G.E.D. examination will be
identified as needing educational services to work toward achieving their G.E,D.

The inmate's formal written IPP will be developed starting with the inmate's arrival at the facility and completed
within policy guidelines. The IPP will have, in addition to all assessment information, a picture of the inmate
and an aftercare residential plan. The IPP will provide detailed information for the facility staff regarding an
inmate's objectives to be accomplished while assigned to the facility. A facility employee and the inmate will
sign the IPP. This will assure that the inmate has had an opportunity to be aware of the plan and to discuss the
plan with staff. The IPP will identify all academic, vocational, treatment, and other inmate programming needs.
Each inmate requiring educational programming will also have an Individual Education Plan (IEP) -that will
become part of the IPP. Each IPP will be audited by the Program Director to ensure it is up-to-date, accurate l
and thoroughly documents the inmate's adjustment and programming activity.
Qualified inmates will be offered the opportunity to participate in College level/post-secondary courses. These
programs will be offered by the facility through agreements with participating Colleges or Universities. Inmates
will be counseled on the eligibility requirements and all other related aspects of the college program. Inmates
will be evaluated on a regular basis by their instructor(s) to determine the advances/achievements made in
each module of instruction, Advancement to higher levels of instruction will be based upon documented
educational achievement.
Inmates assigned to programmatic activities will be accounted for by means of a computerized tracking system
using GEO's proprietary inmate data system. Inmates' schedules will be entered into the computer system and
a paper-tracking roster will be generated for each class or event. Accurate attendance accounting is a critical
element for the accurate tracking of student progress, for evaluation, planning, and program development.
Attendance accounting will be an important record maintained by the facility's staff, The classroom teacher is
the key in this process, The teacher will utilize a tracking form and reporting procedure required by the
Programs Director, The Facility Student Roster will be the official attendance roster. It will include day, date,
course number, student's name, hours of instruction, teacher's name, hours of attendance verification, and a
.report summary-. - - --- - - ._._-- - -- - - - - -- --- --- -- - -- --- -- -- - -- - --- - - - -- - - - - -- - -- -

()

GEO will establish procedures for the maintenance of individual student participation and educational records
that meet state and federal laws. The Programs Director will be responsible for ensuring the confidentiality of
personally identifiable information. The facility will follow astudent records policy. This policy will include records

Florida ITN 'DMS 06/07·103
Technical Proposal1.U page 4of 11

The GEO Group, Inc.

r)
\..... /

transfer guidelines established by the Department. As the custodian of all records for currently enrolled
students, the Programs Director will be responsible for coordinating the approval and exchange of records.
Inmate records will be maintained in a separate area, apart from the regular education records.
Vocational Programs - GEO is committed to high quality, meaningful inmate treatment and work programs in
order to maintain the integrity of security operations and maximize the impact of habilitative programs on the
recidivism rate. By providing dynamic and innovative programs, we improve the health and welfare of inmates,
and instill'in them a work ethic and develop attitudes essential for acquiring and maintaining employment after
release from incarceration.
Vooational Education is an important feature of GEO's rehabilitation program. Not only will inmates be learning
an important trade but will be helping others in the process. Vocational programs will be developed in
accordance to inmate needs, facility logistics and security needs. Vocational programs will have adequate
space and will be equipped in sufficient numbers so as to allow each student to be engaged in "hands·on'J
instruction. The curricula will be competency based and allow open·entry and open·exit leading to a certificate
of oompletion. Technical programs will be developed in conjunction with life skills programs to offer inmates
reality based curricula with learned skills that can be utilized for real work opportunities.
Vocational programs currently offered at Moore Haven Correctional Facility are:

•

Commercial Driver's License (CDL) • The Commercial Driver's License Course teaches inmates the
importance of obtaining and maintaining a Driver's License and/or Commercial Driver's License. This
course familiarizes inmates with the.State of Florida's Driver's Handbook. One very exciting aspect of
the CDL course are computer truck driving simulators; which encompasses practice driving, trip
replays, orientation driving, training administration and assigned driving trips. All inmates who pass the
final exam will have the option of enrolling in a Commercial Driver's License course taught by Key .
Power Technical Institute upon their release from incarceration. The CDL class has been very
successful with a99% pass rate. There were atotal of 69 Inmates who completed this class in 2006.

•

Cabinet Making and Millwork • The Cabinet Making and Millwork course teaches the importance of
safety in the woodworking industry and basic carpentry skills through 450 hours of participation. This
course includes instruction in the use of hand tools, operating portable power tools and stationary
power woodworking machines. The Cabinet Making and Millwork class stresses communication skills,
basic math skills, basic science skills, employability and entrepreneurship by focusing on planning,
designing and layout of cabinets and casework, constructing and assembling cabinet components,
constructing joints, applying laminates, and fastening stock and joints. The Cabinet Making class
takes pride in completing several different projects for the facility and the surrounding oommunity. This
class is oommitted to community involvement through various seasonal projects which includes:
making toys for the local RCMA, Glades area School Board and neighboring daycares for distribution
to under·privileged children. In 2006, the Cabinet Making class issued atotal of 37 State Certificates.

_ •... Nursery Operations .•..The .Nursery. Op.eratioos..course . teaches inmates :the .skills. required to..obtaioa ",_ . __ . _. _.
position in the horticulture industry upon release from the facility. It introduces inmates to the
ornamental ;3.nd nursery industry. It provides "hands on" experience with the use of computer
simulation green houses, shade houses and individual growing plots. The program teaches the basics
of operating and maintaining a career in the nursery business by giving the inmates the skills
necessary to speak intelligently to prospective employers in the field of horticulture. The inmates begin
I

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

The GEO Group, Inc.

()
.._..
,

Florida ITN DMS 06/07-103
Technical Proposal1.U page 5 of 11

by studying the scientific origins of the horticulture industry. After approximately six weeks of course
work, which consists of nursery terminology, techniques and environmental issues, the inmate is then
assigned an approximate one hundred square foot plot. He is' then required to plant and maintain this
plot throughout the remainder of the 450·hour course. A computer assisted landscape design program
(3-D Landscape) is available to inmates in this class. The program allows the inmate to design, create,
and build their project, but also guides them through a sophisticated aging process to see what their
design will look like in 5, 10, and 20 years. The computer database provides a large variety of
programs that includes a plan browser, budgeting, activities and landscape design. The facility
enhanced the program during this year by adding a hydroponics system giving inmates a unique look
at a modern method in producing and growing plants. Nursery Operations class provides the facility
and the community with plant products. In 2006, the Nursery Operations class issued a total of 34
State Certificates.
•

PC Support· The PC Support course provides an opportunity for inmates to obtain the knowledge and
skills necessary to seNiee microcomputer hardware and supported peripherals, build a computer from
parts and prepare them for the Comp TIA, A+ and PC Hardware and Software exams, as well as
providing a solid foundation for the inmate in the PC support seNice field. The class is open
enrollment and the course objectives as follows: identify all parts of a PC, discuss the functions and
interactions of all PC subsystems, identify and troubleshoot common PC hardware problems, select
quality PCs and constituent components based on performance and cost, install, replace, and upgrade
PC hardware components, install PC software and troubleshoot peripherals such as printers and
modems, install PC software and troubleshoot software issues as they arise, identify different types of
operating systems and identify types qf networks. In 2006, the PC Support class issued a total of 47
State Certificates.

•

Web Design - The Web Design course offers a broad foundation of knowledge and skills to prepare
inmates for employment in Web Design seNice positions. The course includes operating system
commands, web document development, design, promotion and scripting. The Web Design class is a
very comprehensive, detailed 450·hour course that teaches how to plan, organize and create a
website from start to finish. Heavy emphasis is placed on individual page design and layout. Using
some very powerful techniques, the inmate will learn how the simplest pages can be arranged to look
more appealing and professional. They will also update pages created during previous weeks to
conform to the current lesson, resulting in a polished web site. By the end of this course, inmates will
have created awell-designed web site. In 2006 the Web Design Class issued 29 State Certificates.

a. Industry Programs - On May 20, 2003, GEO signed a contract with Carpetstones to establish a Prison
Industry Enhancement Certification Program (PIE) at the Moore Haven Correctional Facility. In the
agreement, Carpetstones specifies they will utilize aminimum of twenty (20) inmates for the program.
GEO has a long and successful history with PIE Programs. The Lockhart Work Program Facility in
Lockhart, Texas, has been operated by GEO since its inception in 1993 and is one of the largest PIE
Programs in the country, employing 335 offenders.

GEQ is in constant communication with other vendors and is always watching for other industry
possibilities. Recognizing the importance of the industry program to the habilitation process, we will always
seek to employ as many inmates as possible. For example, GEO manages two federal facilities with large
.

----------

.........•......

Florida ITN OMS 06/07-103
Technical Proposal1.U page 6of 11

The GEO Group, Inc.

()
''-

.......

industry buildings, When the Bureau of Prisons (BOP) removed its UNICOR program and The Bureau of
Justice Assistance decided federal inmates could not work in a Prison Industry Enhancement (PIE)
program, GEO worked enthusiastically to overcome this setback and find an industry partner. In 2006, a
not-for-profit organization, Wheels for the World, established a program to repair wheel chairs to be sent to
the indigent in Third World countries. Approximately one hundred (100) inmates will be employed in this
program.
To better prepare inmates for the Industry Program, GEO established a vocational program titled
DIVERSIFIED EDUCATION as a prerequisite for employment in the facility industry program.
b. Pre-Release and Life Skills Preparation - G!=O will implement transition and intervention programs which
are designed to reduce recidivism by providing transition solutions that address the challenges of
assessment, education, and reintegration. Through these programs, inmates will build a portfolio, assess
job-readiness skills, take a career aptitude survey, and explore ureal-life" career opportunities.

.:'i~~~!;.m~l9.y~gilitrSki[ls cur.ri~l:O.qtti:·also utilizes a variety of job-related ma.terials including filmstrips and
cassette tapes, which. display realistic situations that occur while seeking employment and on the job.
Tapes and workbooks will be discussed with the inmates not only to ensure understanding of material
covered, but to help the inmates overcome the fear and awkwardness of seeking employment and being
employed, in many ·instances for the first time in their lives, outside of prison industry. Job search
. techniques and presentations will be heavily emphasized. Each inmate will be required to write a proper
resume and complete an application.
To better prepare the inmate for a ureal life interview," GEO will use a video recorder system to tape the
inmate interviews and allow the best feedback possible for self evaluation and group assessment of the
interview process. Inmates will be extensively counseled on the improvements they need to make, but
emphasis will be placed on their positive qualities. The goal is to have the inmate feel comfortable in the
interview process and to have pride in himself thus projecting a more capable and confidant image to the
employer.
.
c. Intervention Programs - Anger Management/Abuse Intervention classes will be offered to inmates with
violent histories at a minimum of two times per year, and more often if the population turnover warrants,
These classes may be held in conjunction with mental health programming, crisis intervention services, and
cognitive behavior therapy as available.

d. Religious Services - GEO understands that an inmate's spiritual development plays a key role in the
habilitative process and makes every reasonable effort to facilitate the free practice of religion, limited only
by legitimate security and operational considerations. All inmates will have access to religious resources,
services, instruction and/or counseling on a voluntary basis. Inmates are informed of available religious
programming opportunities and updated on a continuing basis. At our South Bay facility, we have thirtyfour (34) religious services each month serving all major religious groups (Buddhist, Catholic, Christian,
Hebrew Israelites, Islam, Jehovah's Witness, Judaism, and Seventh-Day Adventists).

Afull-time chaplain will oversee the equitable delivery of religious services to all faith groups in accordance
with applicable and corresponding Constitutional standards. Inmates who wish to do so will have the

Florida ITN OMS 06/07-103
Technical Proposal1.U page 7 of 11

The GEO Group, Inc.

opportunity to participate in those practices of their religion that are deemed essential by the governing
body of that faith, subject to reasonable constraints necessary to ensure the safety of staff, religious
workers, or the security and good order of the institution. No Inmate is compelled to attend any religious
program, service, or activity.
The Chaplain will have averified pastoral education background and carry the endorsement of his religious
certifying body.
e. Weekly Religious Services - Organized weekly religious services will be offered at the facility. U~ilizing
volunteers from the community, GEO is able to provide a wide variety of religious programs. Currently
GEO has 373 volunteers on the volunteer list at Moore Haven who are under the supervision and direction
of the Chaplain and has forty-three (43) properly screened, interviewed, and trained volunteers each month
to minister to various faith groups, thereby ensuring that all faith groups are properly represented. The
Chaplain maintains ongoing communications with community religious groups for the purpose of ensuring
that the facility's programs are appropriately managed and that when additional resources are needed,
they are provided by properly credentialed representatives of that faith group.

All religious activities will be in accordance with applicable federal and state laws and the chaplain and all
volunteers will meet the qualifications required by the DC.

f. Wellness Programs· The GEO Group will provide inmates with a comprehensive recreation program with
ample time activities available. Qualified recreation staff will supervise the program in accordance with
applicable Constitutional standards and ACA Fourth Edition standards aside from work, programs, and
. other duties to engage in anyone of the numerous recreational.
The facility shall provide facilities, equipment and supplies for avariety of indoor and outdoor recreational
and leisure time programs. Recreation staff will ensure that eqUipment and facilities are available in
proportion to the inmate population and that equipment and facilities are maintained in good condition. The
recreation program will provide activities throughout the week.
There will be ample space for recreational activities such as softball, as well·as basketball, volleyball and
similar court type games. In addition, space will be available for exercise equipment, table games, pingpong s and other such activities of a mqre passive nature. These.facilities will be available for use on a daily
~~

Outdoor recreation will be permitted on a daily basis (weather permitting) in order to allow the opportunity
to participate in games and activities such as basketball, softball, volleyball, various other team sports and
individual activities.
Objectives of the recreation programs are to assist the inmate to learn how to:

•
•
•
•

Cope with leisure;
Live with abalanced life style rather than one fraught with excesses;
Experience enjoyment and accomplishment in constructive ways;
Accept and deal with "good feeling" experiences;

Florida ITN DMS 06/07·103
Technical Proposal1.U page 8of 11

The GEO Group, Inc.

• Develop positive expectations of leisure opportunities
Proposed leisure time opportunities include, but are not limited to:
•
•
•
•
•
•
•

Television in each housing unit;
Books and magazines;
Library resources;
Board games, chess, dominoes, etc. in each housing unit;
Provision of exercise equipment
Provision of sports (including intramural) such as basketball, soft ball and volleyball
Guest lecturers, visiting Chaplains, sport teams and community groups.

g. Substance Abuse Education Programs· The GEO Group understands that substance abuse contributes
to a large portion of criminal activity. More than 3,500 inmates are enrolled in substance abuse classes
every day at GEO facilities, learning the fundamentals of pharmacology of psychoactive substances.
Substance Abuse programs will be offered in compliance with applicable standards.

The GEO Group will provide a variety of substance abuse intervention and prevention programs to the
inmate population. These programs will be structured to provide a multiplicity ot"opportunities for the inmate
population based on their individual assessed needs. GEO understands that there is not one program .that
can fully benefit every individual; therefore we provide a variety' of approaches and techniques to expand
the target population being sought.
The Substance Abuse program will consist of multiple levels of substance abuse education classes and
counseling conducted by qualified substance abuse counselors including education, reactive and preventive
counseling components. The educational component will constitute a formal drug and alcohol
information/education program with emphasis on the physiological, anger management, legal and social
consequences of substance abuse. Participation of all inmates will be encouraged. The classe$ will be
conducted formally with an emphasis on the use of audio-visual aids and the utilization of outside
facilitators.
The following levels of Substance Abuse programs will be offered:

•

Introductory Level - Focus on basic substance abuse and addictive and/or abusive behavior.
Educational information is provided in an attempt to teach the inmates to recognize denial and
offer tools &techniques to cope with their addiction in an attempt to lead a drug free life.

•

Relapse Prevention Level - This is a more advanced curriculum for those inmates who have
passed the denial stage and are ready to commit to life long sobriety. This program is a
continuance of our introductory substance abuse program and offers a more in-depth look at
substance abuse and the long-term effects it can have on aperson.

•

Communication and Self-Awareness Level - Focuses on self-awareness and the addictive
personality. This class offers an understanding that personality traits, communication skills, and
addiction are related. It teaches the inmate to identify his own personality preference, while
enhancing his self-confidence, by learning how to communicate effectively. It also teaches the

The GEO Group. Inc.

Florida ITN OMS 06/07·103
Technical Proposaltu page 9 of 11

inmate how to deal with situations using positive alternatives rather than turning to drugs to cope.
This course introduces concepts and exercises that promote self-awareness, and challenges the
inmate to examine the addictive belief system that supports denial of a substance abuse problem
despite all evidence to the contrary. The class is designed to strengthen skills that are often
lacking in addicts and criminal inmates. Special emphasis is placed on developing an empathetic,
assertive, non-aggressive communication style that will empower the individual, both while
incarcerated and also in his successful return to social productivity.
•

Transition and Preparation for Release Level - What Have We Learned and Where Do We Go
from Here? - deals with the inmates learning to process all the substance' abuse and Life Skills
information, that they have learned from previous classes, and assisting them with goals for their
continued recovery and how to find sponsorship and good support groups upon release. This class
has specific criteria for participation, and is voluntary, geared for those inmates within one year of
release or impending transfer to another drug treatment program. This is an ongoing program
structured so that the inmate can practice these concepts until transfer or until release. Each
lesson is incrementally introduced in conjunction with transition planning and release placement.
The inmate also has an active part in corresponding with the outside community, pursuant to
relevant resources, as directed by the instructor to establish his/her release plan.

7. Program Plan
GEO assures' that the Moore Haven Correctional Facility will continue to offer its programs to the inmate
population with the same level of quality as has been provided to the client during past performance. Upon the
facility's new service commencement date the academic and vocational programs will continue to be
maintained continuously with certification in accordance to the appropriate governing agencies. Programs will
also be subject to applicable state and federal reporting requirements. Teacher/instructor ratios will reflect the
facility staffing plan to accomplish program delivery goals.
GEO agrees that it will maintain performance measures for programs and provide Department of Management
Services (OMS) with a quarterly status indicating whether the programs' goals have been met or the reason
why the goals have not been met. GEO agrees that at all times during the course of the contract it will maintain
inmate participation in behavioral, academic, vocational, and substance abuse education programs at the
facility with the inmate actively attending specified programs at the participation percentage level identified
below:
Behavior Program
Academic Program

minimum of 128 or 13% part-time participation per day
minimum of 197 or 20% part-time participation per day

Vocational Program
Substance Abuse Education Program

minimum of 177 or 18% part-time participation per day
minimum of 187 or 19% part-time participation per day

GEO understands and agrees if an inmate cannot participate in any of the facility programs as specified in this
section because they are:

o ·
•

Ineligible;
Refuse to participate; or

Florida ITN DMS 06/07-103
Technical Proposal1.Upage 10 of 11

The GEO Group, Inc.

•

Do not complete the programs for which they are enrolled and participating.

GEO shall provide the above information to the Contract Monitor for inclusion into the' Contract Monitor's
Security and Institutional Operations Report submitted monthly by the Contract Monitor to the Bureau of
Correctional Privatization (BCP). GEO agrees that inmates who are enrolled in and are actively attending a
program may have occasional absences due to legitimate reasons including, but not limited to, health reasons,
court appearances, recognized holidays etc. Such absences shall be noted in the Monitor's monthly report to
the Bureau.
GEO assures that the information it provides to the Contract Monitor' regarding inmate participation and
completion of programs shall be provided in sufficient detail to enable the BCP to appropriately audit and
monitor GEO's compliance with this provision. GEO further understands that inmate eligibility to participate in
programs shall ultimately be determined by criteria established by the DC.
8. Inmate Reintegration Program
Reentry begins on the first day of incarceration at GEO facilities, Our programs are designed to assist inmates
in living positive and successful lives upon their release from incarceration. GEO makes every effort to assess
the inmate's needs and provide programming that best serves those needs. The above mentioned programs
along with those listed below are provided to re-integrate every inmate back into society.

•

Substance Abuse Counseling • The Substance Abuse program will consist of multiple levels of
substance abuse education classes and counseling conducted by qualified substance abuse
. counselors including education, reactive and preventive counseling components. The educational
component will constitute a formal drug and alcohol information/education program with emphasis on
the physiological, anger management legal and social consequences of substance abuse.
Participation of all inmates will be encouraged. The classes will be conducted formally with an
emphasis on the use of audio-visual aids and the utilization of outside facilitators.

•

Inmate Work Program • The GEO Group shall require all inmates confined to the Moore Haven
Correctional Facility to work and/or participate in the inmate work program in compliance with ACA
Standards. The work program is designed to provide inmates with a variety of job opportunities which
benefit the inmate and society. All able bodied inmates are required to work in activities that contribute
to the orderly operation of the facility as well as facility grounds maintenance.
The various tasks associated with the operation of a correctional facility can be structured to provide
constructive work opportunities, which seNe to reduce idleness, teach good work habits, and provide
useful job·skills for post-release employment. Work experience an"d skills acquired will provide inmates
with a work history and job readiness skills. Each work supeNisor will expect the inmate worker to
follow the same work behaviors as any other employee. These behaviors include: proper dress,
responsibility, accountability, good hygiene, etc, Whenever practical, the job assignment will relate to
the vocational training that has been provided to the inmate. This will allow the individual to practically
apply those skills acquired during training. In addition, skills obtained during the Life Skills Program will
be reinforced at the job site. GEO is committed to providing full·time, meaningful work to as many
inmates as possible who mirror those of the community whenever practical.

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

Florida ITN DMS 06/07·103
Technical Proposal1.U page 11 of 11

-The GEO Group, Inc.
-'~\

'\............)

The Objectives of the Work Program are designed to provide:
•
•
•
•
•
•

•
•

Work and/or program assignments for all inmates;
A variety of work which affords inmates an opportunity to learn job skills and develop good
work habits and attitudes;
Awork day to approximate the work day in the community;
Activities necessary to the maintenance of the daily operation of the facility;
Work in ahealthy and safe environment;
Inmates with opportunities for employment in all areas of facility operation including,
maintenance, food service, laundry, educational and vocational areas and all other functional
areas;
Employment opportunities for disabled inmates.

Education Program Reporting· GEO understands that the Facility Administrator will be required to
submit an annual report documenting the number of persons who have satisfactorily completed each of
the academic education, vocational education, and substance abuse components, required to be
delivered per the terms of the ITN. Included in this annual report shall be an update of the career
outlook analysis, including type of jobs the vocational training prepares the inmate for; estimated job
growth, both in the State of Florida and in the fields of training being offered; salary range of the jobs
available; and qualifications necessary for the jobs.

ASSIGNMENT OF 'WASTEWATER SERVICE AGREEMENT
TillS ASSIGNMENT OF 'WASTEWATER SERVICE AGREEMENT (the "Assignment") is
being entered into and executed by and between The Geo Group, Inc., a Florida Corporation (the
"Assignor"), and the Florida Department of Management Services, an agency of the State of Florida (the
"Assignee").
RECITALS
A.
Assignor is a publicly traded company engaged in the business of design, construction,
management and operation of corrections and detention facilities around the country. Assignee is an
agency of the State of Florida responsible for, among other things, public building design, construction
and management, pursuant to chapters 255, 287, and 957, Florida Statutes.
B.
Assignor has been, and continues to be, the operator of the Moore Haven Correctional
Facility (the "Facility"), since the completion of its original construction in 1995, to the present day under
the Operations and Management Services Agreement for the Facility, effective July 1, 2007, between
Assignee and Assignor ("Contract"). In early 2006, Assignee contracted with Assignor to construct a
253-bed expansion of the 7S0-bed Facility. In order to complete construction of the expanded Facility,
the City-County Public Works Authority (the "Authority") required Assignor to enter into a new
wastewater service agreement for the entire Facility. On May 21, 2007, the Assignor entered into the
Utility Service Agreement Between the City-County Public Works Authority and The Geo Group,
Incorporated (the ''Wastewater Agreement"), which is attached hereto and incorporated herein as Exhibit
"A." The Wastewater Agreement gives Assignor the right to receive wastewater service at the Facility
and provides that the Wastewater Agreement may be assigned with the consent of the Authority.

C.
Assignee now desires to purchase from Assignor, and Assignor desires to sell and assign
to Assigt;lee, all of Assignor's right, title and interest, in and to the Wastewater Agreement.
THEREFORE, in consideration of the foregoing and the agreements and covenants .
herein set forth, Assignor does hereby convey, assign, transfer, set over and deliver unto Assignee of all
of Assignor's right, title and interest in and to the Wastewater Agreement as set forth below.
Assignor and Assignee agree as follows:
1.
Assignor hereby warrants and covenants that (i) this Assignment conveys, transfers, sets
over and assigns all of Assignor's right, title and interest in and to the Wastewater Agreement, and (ii)
that Assignor has full right, power and authority to make ~his Assignment.
2.
Assignor shall retain all liability under the Wastewater Agreement and shall hold
hannless and defend Assignee against any and all claims arising out of the Wastewater Agreement
occurring or accruing during the period in which Assignor is the operator of the Facility pursuant to a
contract with the State of Florida or any of its agencies or subdivisions. In the event that the Assignor
ceases to be the operator of the Facility pursuant to a contract with the State of Florida or any of its .
agencies or subdivisions, the Assignor's liability under the Wastewater Agreement shall convey, transfer,
set over and assign to Assignee without additional action needed by either Assignor or Assignee..
3.
Assignor hereby warrants and covenants that at the time of the delivery of this
Assignment, the Assignor is not in default of the Wastewater Agreement and that all charges and fees due
under the Wastewater Agreement are paid and current.
·910351-3
914526-1

Page 1 of3

C".

~_.

4.
In consideration of the foregoing assignment, Assignee hereby covenants and agrees to
pay to Assignor, through a Change Order and Supplemental Agreement to the Moore Haven Correctional
Facility Design Build Agreement to be executed contemporaneously with this Assignment, the sum of
Five Hundred Thirty Seven Thousand Six Hundred ($537,600.00), which represents the total sum of
System Capacity Charges and additional review fees incurred and paid in full by Assignor to the
Authority pursuant to the Wastewater Agreement.
5.
Assignor and Assignee understand and agree that Assignor continues to operate the
Facility until the Contract expires or is otherwise terminated, and that, until such time, Assignor may have
reason to. require or may be directed by Assignee to bring an action for breach of the Wastewater
Agreement by the Authority to continue to operate the Facility under the terms and conditions of the
Contract.· Assignee further covenants and agrees to reasonably cooperate with Assignor in the Assignor's
enforcement of the terms and conditions of the Wastewater Agreement so long as Assignor is operator of
the Facility.
6.
All of the covenants, terms and conditions set forth herein shall be binding upon and shall
inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and
assigns.

IN WITNESS WHEREOF, the parties have executed this Assignment as of this _ _ day of
December, 2007.
.
Witnesses:

ASSIGNOR:

~lll\.

Bvl-f,t\..

& Cef1ge:ffiE€ Counsel

~~~

ASSIGNEE:

Printed arne:

_.......::::.~..:.....;.,~......:....-=...........,='-'-Io--=-

P·I4r~M'
nnte

arne:

\ \'OS

910351-3

Page 2 of3
914526-1

CONSENT TO ASSIGNMENT

The City-County Public Works Authority, a special district organized and existing under
the laws of the State of Florida, as a party to that certain Utility Service Agreement Between the
City-County Public Works Authority and The Geo Group, Incorporated, dated May 21,2007 (the
"Wastewater Agreement"), hereby consents to assignment of the Wastewater Agreement by The
Geo Group, Inc., to the State of Florida, Department of Management Services, subject to
retention by The Geo Group, Inc., of all liabilities arising from the Wastewater Agreement under
the tenns and conditions set forth in this Assignment.
'
CITY-COUNTY PUBLIC WORK.S AUTHORITY

Dated: December 17, 2007

()

e--. .~ ~ ~ - - - - - ' _
.....

BY:~i;,S

"Eut~h" JSB@S, Gh~:E:EKl

8fle-r

~se~-t ~NQ.\A. ~~E.C..t-

-to

a.%l.(.ya.1IlCeS

qea

Wl-fzDO e:J

~ r~ctr'"~ -te

~~rtlf~ ~ ')\~e>\ bllh.e.
GfOfi Inc.. oJ ~ A~~'7
l\t\ee·h~ helJ O/ll.1>de-~ \1/ "J-OD7,

/~.

910351-3
914526-1

Page 3 of3

()

C~)

The GEO Group, Inc
,Moore Haven Correctional Facility
985 Bed Staffing Plan
iPosition Title

5/7 Non-Shift

Shift 1"

Shift 2

Shift :f-'-- Relief

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

Facility Administrator
QCP / ACA Manager
Executive Secretary
Safety Specialist I Risk Manager
Investigator I Grievance Captain
Training Coordinator
Administration Sub Total

5
5
5
5
5
5

1.00
1.00
1.00
1.00
1.00
1.00
6.00

FTE'-j

------------:
1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
1.00
1.00
1.00
1.00
6.00

.-----------------·----,-·--1

()

Business Manager
Assistant Business Manager
HR Specialist
HR Assistant
Payroll Clerk
Warehouse Supervisor
MIS Specialist
Laundry Supervisor .
Inmate Accounts Clerk
Mail Room Clerk
Property Clerk
Business Office Clerk
Receptionist
Commissary Clerk
Support Sub Total

5
5
5
5
5
5
5
5
5
5
·5

5
5
5

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
1.00
2.00
16.00

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.0q
1.00

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
1.00
2.00
16.00

;-M-A-IN-T-E-NA-N-C-E~~----------_--------------------.-----------.j

Maintenance Manager
Maintenance Technician
Maintenance Clerk
MaIntenance Sub Total

5
5
5

1.00
3.00
1.00
5.00

1.00
1.00
1.00

iHEALTH SE-RV-I-C-ES---------------------~-Health Care Administrator
Medical Doctor
Psychologist
Dentist
RN Supervisor
RN
LPN
Dental Assistant
Medical Records Clerk
Medical Data Entry
Health Care Sub Total'

5
5
5
5
5
5/7
7
5
5
5

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

1.00
1.00
1.00
1.00
1.00

1.00
1.00
2.00
9.00

1.00
3.00
1.00
5.00

2.00
3.00

1.00
3.00

1.00

5.00

4.00

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
3.00
7.00
1.00
1.00
2.00
19.00

ITN No. 06/07·103
1.2 Staffing Plan
Page 1 of 3

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

()
The GEO Group, Inc
Moore Haven Correctional Facility
985 Bed Staffing Plan

C)'
;PROGRAMS (EDUcA'tfoN)

...

AFA Programs
Program Director
Academic Instructor
Vocational Instructor
Life Skills Instructor
Substance Abuse Instructor
Programs Clerk
Librarian
PIT Librarian
Contract Library Consultant (8 hrs/mo)
Programs (EDUCATION) Sub Total
:PROGRAMS (NON EDUCATIONf-"""-

5
5

5
5
5
5
5
5

5
5
7
5

--...

- -. -- - 1.00
1.00
5.00
4,00
4.00
6.00
1.00
1.00
0.50

I
-~

. , . ..

1.00
1.00
1.00
3.00

••

AFA Security
Security Clerk
Major'
Shift Supervisor / Captain
Asst. Shift Supervisor / Lieutenant
Housing Supervisor / Sergeant
Key Control I Armory Sergeant
Outside Work Squad Su ervisor / Ser eant
Supervisory Staff Sub Total

()
ITN No, 06/07-103
1.Z Staffing Plan
Page 2 of3

2.00

.. -"

1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
5.00
1.00
1,00
1.00
2.00
1.00
12.00

23.50

-...

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

Food Service Manager
Food Service Production Supervisor
Cook Supervisors
Kitchen Clerk
Food'ServiceS ubTotal

1,00
1.00
1.00
1,00
1.00
1.00
1.00
1.00
1.00

23.50

Classification Supervisor
Classification Officer
Classification Clerk
Chaplain
Recreation Specialist
Inmate Records Clerk
Data Entry Clerk
Programs (NON EDUCATION) Sub Total
:FOOD SERVICE

1,00
1.00
5.00
4,00
4.00
6.00
1.00
1.00
0.50

5
5
5
5
5
5
5

' ' ' : ' .:"

1.00
1.00
1.75
1.00

1.00
5,00
1.00
1.00
1.00
2.00
1.00
12.00
~._.~'

__ ~j

1.00
1.00
7.00
1.00
10.00

The GEO Group, Inc
Moore Haven Correctional Facility
985 Bed Staffing Plan

;Position Titie---"'- .-.... - .. . - ..-.

sit"

t\jon-Shift' . shifd

Shift 3 : Relie( .,. f.T.J.;...J

Shift 2

Industry Officer
litigation Officer
Back Gate Officer
Program Officer
Utility Officer
Work Squad Officer
Transport Officer
Reception/Discharge Officer
Recreation Officer
Kitchen Officer
Central Control Officer
Housing Officer
Escort Inside Security Officer
Medical Officer
Segregation 1 Officer
Segregation 2 Officer
Perimeter Patrol Officer
Visiting Park Officer
Roundin
Non Supervisory Sub Total

IWTF • PROGRAMS POSITIONS

COL Vocational Instructor (#164)
Education Clerk
Substance Abuse Clerk (PIT)
Chaplain (PIT)
Vocational Instructor • Cufina Arts
IWTF Sub Total

!FACILITYTOTAL

5
2

2
5

1.00
1.00
0.50
0.50
1.00
4.00

---.--------.- -- --' .-

!Summary'----------- ----.--.-----..----.----. ------ ...- .. -. -- ....-----.. - --- --- .. -. -- .,.,
Administration
Business Support
Maintenance
Health Services
Programs.Educatlon
Programs.Non Education
Food Service
Security Supervisors
Officers
IWTF Pro ram Positions

1.00
1.00
0.50 .
0.50
1.00
4.00

-- ..-

. -.

-- - ------ .

. - . -..

. - :
6.00
16.00
5.00
19.00
23.50
12.00
10.00

IJ.!I
. ITN No'. 06/07·103
1.2 Staffing Plan
Page 3 of 3