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Contract between TN DOC and CCA, 2005
Document text
CONTRACT BETWEEN THE STATE OF TENNESSEE DEPARTMENT OF CORRECTION AND CORRECTIONS CORPORATION OF TENNESSEE, INC. d/b/a CORRECTIONS CORPORATION OF AMERICA This Contract, by and between the State of Tennessee, Department of Correction, hereinafter referred to as the "State" and Corrections Corporation of Tennessee, Inc. d/b/a Corrections Corporation of America, hereinafter referred to as the "Contractor," is for the management and operation of a prison, known as South central Correctional Center, as further defined in the "SCOPE OF SERVICES." The Contractor is a for-profit corporation. The Contractor's address is: 10 Burton Hills Blvd. Nashville, Tennessee 37215 The Contractors place of incorporation or organization is Tennessee. A. SCOPE OF SERVICES: A.1. DEFINmONS A.l.a. Ar::A - means the American Correctional Association. A.l.b. ACA Standards - means the Standards for Adults Correctional Institutions (Third Edition, January 1990, as the same may be modified, amended, or supplemented now or in the future) published by ACA. A.l.c. Commissioner - means the Commissioner of the Tennessee Department of Correction. A.l.d. Contract - means this Document, together with all written attachments, appendices, exhibits, amendments and modifications and incorporating by reference herein, (1) the Request for Proposals, including exhibits and amendments; and (2) the proposal, including amendments and/or written darifications. A.l.e. Contract Monitoring Unit - means the Tennessee Department of Correction unit responsible for monitoring the quantity and quality of services required and the reporting obligations of the Contractor, and for carrying out the liaison responsibilities between the State and the Contractor. A.l.f. Contract Liaison - means a person or persons assigned to the Contract Monitoring Unit and appointed and paid by the state to monitor the implementation of this Contract and/or to act as the Commissioners designee. The Contract Liaison will also be the official liaison between the State and Contractor on matters pertaining to the operation and management services 1 of the facility and may perform other functions described in Department policies, or otherwise provided by the Commissioner, in writing. A.log. Contractor - means Corrections Corporation of Tennessee, Inc. d/b/a Corrections Corporation of America. A.1.h. Court Orders - means any orders, judgments or opinions issued by a court of competent jurisdiction or any stipulations, agreements or plans entered into in connection with litigation that are applicable to the operation, management or maintenance of the Facility or relate to the care and custody of Inmates of the Facility, whether currently existing or as may be rendered in the future. A.l.i. Department - means the Tennessee Department of Correction. A.1.j. Document - means this document with attached appendices, excluding the RFP and Proposal. A.1.k. Effective Date of Contract - means the date the Contract is approved by the appropriate State officials in accordance with applicable Tennessee State laws and regulations. A.l.I. ~ - means the correctional institution in Wayne County, Tennessee, including adjacent real property described in section A.2, for the incarceration of male felony offenders sentenced to the care, custody and control of the Department, known as the South Central Correctional Center (SCCC). A.1.m. Indigent Inmates - means Inmates who are deemed indigent as defined by Department Policy 208.05, as said policy may be amended. A.1.n. Inpatient Hospital Costs - means any expenses incurred as a result of an Inmate's admission to a medical care facility, and expenses incurred as a result of out-patient treatment for emergency medical setvices. A.Lo. Inmate - means any male felony offender sentenced to the Department and assigned to the Facility by the Department. A.1.p. Inmate Day - means each calendar day or part thereof that an Inmate is located at the Facility, including the first, but not the last day of incarceration at the Facility. A.1.q. local Area - means Wayne, Hardin, Lawrence, Giles, lincoln, Marshall, Maury, lewis, Williamson, Hickman, Dickson, Humphreys, Perry, Houston, Benton, Henry, Weakley, carroll, Henderson, Decatur, Gibson, Crockett, Madison Haywood, Chester, Fayette, Hardeman, and McNairy counties in Tennessee. A.Lr. Per Diem Rate - means cost per Inmate, per Inmate Day. A.1.s. Partial Default - means default of a portion of the setvices to be rendered by the Contractor under this Contract due to Contractor's failure to perform. 2 ...666.1 g . tn. it .1. , , &.t . ..... P4Z$@@i( .. Q•• ,( 1.($ CUi iiiQiw:;.Q...... NA A.1.t. Partial Takeover. - means the State's discretionary assumption of a portion of the services to be rendered by the Contractor under this Contract not resulting from Contractor's failure to perform. A.Lu. Policy Directive - means formal statement of the State's correctional policy on a given subject. All Policy Directives shall not conflict with administrative rules or statutes or applicable American Correctional Association Standards. A.l.v. Operating Proceclyre - means a statement of procedure implementing a policy directive. One is not to be issued as a substitute for an administrative rule or policy directive. Procedures identify ~ does what and ~ to implement a policy or rule. A.low. Post Orders - means a written, step-by-step description for an employee on how to perform a specific job. A "post order" may be considered a job outline. Post Orders are similar to an operating procedure and may even be a portion of one. A.Lx. proposal- means the Contractor's Proposal of January 8, 2002. A.Ly. RFP - means the Request for Proposals issued by the Department and identified as RFP-329.44-003, together with the follOWing amendments: Amendment 1, Amendment 2, Amendment 3, and Amendment 4. A.Lz. Service Commencement Date - means March 1, 2002. A.1.aa. Standards - means the standards to which Contractor's performance under this Contract must conform pursuant to Section A.4.a of the Contract. A.Lbb. State - means the State of Tennessee, including but not limited to the Department. A.l.cc. TOMIS - means the Tennessee Offender Management Information System, a mainframe computer system that automates the management of information about offenders under the supervision of the Tennessee Department of Correction. TOMIS captures all offender related information at the point of origin to provide accurate and timely information to those who use it. A.Ldd. TRICOR - means the Tennessee Rehabilitation Initiative in Corrections. A.2. FACIUTY AND PROPERTY A.2.a. Lease and Possession of Facility. A.2.a.1) The State leases to the Contractor the real property described in Appendix A together with all improvements thereon (the Facility), subject to the State's right to the follOWing: A.2.a.1)(a) to enter and inspect; and/or 3 A.2.a.l)(b) to construct additional buildings or expand the capacity of existing buildings. A.2.a.2) Contractor shall provide for maintenance, repair, and replacement for the Facility and shall keep said Facility in good repair, working order and condition, subject to normal wear and tear. Contractor shall be responsible for all expenses incurred in said maintenance, repair and replacement, subject to Section A.2.i. A.2.a.3) The Contractor shall maintain the Facility in accordance with all applicable fire, building, life safety, and handicapped accessibility codes. A.2.a.4) The Contractor shall comply with any seller's or manufacturer's recommendations regarding maintenance of the Facility which are prOVided to the Contractor. A.2.a.5) The Contractor shall implement the system for vermin and pest control, trash and garbage disposal, and hazardous waste management described in the Proposal. A.2.a.6) Contractor agrees that the Facility will be used only for the purposes described in this Contract and shall not allow or suffer any waste at the Facility. Contractor shall not harvest any timber at the Facility or extract any other resource at the Facility unless agreed to in writing by the Commissioner. A.2.b. No Warranty. The State leases the Facility to Contractor as is and with all faults and make no express or implied warranties regarding the Facility, including but not limited to warranties regarding fitness for a particular purpose and hereby disclaims any and all express or implied warranties A.2.c. State Property. A.2.c.l) The State shall furnish the Facility with the property, including telephone and related wiring, listed in Appendix B on or before Service Commencement Date. A.2.c.2) All property furnished by the State shall remain at the Facility unless its location must be moved for maintenance, repair or replacement. Any removal of said property shall only be made with the prior written consent of the Liaison. A.2.c.3) The State shall be responsible for the installation of the property described in subsection 1). A.2.c.4) Effective on the Service Commencement Date, the State hereby leases to the Contractor said property described on Appendix B. 4 ". 3 J66O. dtth 1vJe.e..t.!tl, . ..b..tiM QW.. ,,"':"ii:m««WiQ,&, . .. M.i.d&t. . @& . ..00 . . ..&.c.. .i.#.m .... (iW.W;:w•. Qm\3:;.&.'!'!4.i .' . lQ,XiQi.'hNi(c";; ((, MtW·.<. A.2.c.S) The State leases the property on Appendix B to Contractor as is and with all faults and makes no express or implied warranties regarding said property including but not limited to warranties regarding fitness for a particular purpose and hereby disclaims any and all express or implied warranties. A.2.d. Additional Property. A.2.d.1) Contractor shall provide and install in the Facility any additional equipment as well as all necessary perishables and other items necessary for Contractor to comply with its obligations under this Contract including but not limited to cleaning/housekeeping equipment and supplies. A.2.d.2) Upon written agreement by the parties without a Contract amendment, the parties may agree to revise the State equipment list on Appendix B. Said agreement must be in writing signed by the Commissioner and the Contractor. A.2.e. Insurance. The Contractor shall obtain and keep in force insurance on all property to be located at the Facility, whether said property is supplied by the Contractor or State. A.2.f. Ownership of property at termination. A.2.f.1) At the conclusion of the Contract, whether by expiration or termination, all equipment, perishables, supplies and any other property, whether real or personal, including but not limited to Inmate files, fiscal records and any other records used at the Facility or purchased with state funds shall become the property of the State, whether initially acquired by the Contractor or the State. A.2.f.2) At the conclusion of the Contract, whether by expiration or termination, the facility and property furnished by the State shall be returned to the State in good order and in the condition received, reasonable use and wear thereof excepted, prOVided that if any property provided by the State is destroyed, lost or stolen and has not been replaced, the Contractor shall be responsible to the State for the residual value of said property at the time of loss and said value may be withheld from any amounts owed Contractor. A.2.f.3) Contractor agrees that no security interest will attach to any property used at the Facility whether purchased by State or Contractor. In the event a security interest is created on any of said .property, Contractor agrees to immediately notify the Liaison in writing and cause said security interest to be extinguished within thirty (30) days. 5 ..1 I ttl i.IJ"'"I. t.td,J.t ..SWtd, w ..:.. J[ .... c,.! d (4 . v..3... :;.O:A..d3.,.&.t&444 ... lI". (!JJX!i(ViW. ,. 3. '. $, ;;;;;e._ A.2.g. Manuals. The State will provide Contractor with a copy of all equipment manuals, a set of as-built drawings, and any warranties affecting the property leased to Contractor under Section A.2.c and affecting the Facility. A.2.h. Maintenance. A.2.h.l) The Contractor shall be responsible for the maintenance, repair, and replacement of all property of any nature whatsoever located at the Facility at Contractor's expense whether said property is furnished by the State or the Contractor, subject to Section A.2.i. A.2.h.2) The Contractor shall implement the plan, including the preventive maintenance program, contained in its Proposal to maintain the Facility . and all property contained therein. A.2.h.3) Contractor shall comply with rDOC Policy 108.01 as it may be amended during the term of the Contract. A.2.h.4) The Contractor shall comply with any seller's or manufacturer's recommendations provided the Contractor regarding maintenance of any property leased to the Contractor under Section A.2.c. A.2.i. Exceptions to Contractor Maintenance. The only exceptions to the Contractor's obligation to effect repairs or provide replacements to the facility and property contained therein at its expense are as follows: A.2.i.l) where repairs or replacements are covered by a warranty made by a third party to the State, provided, however; A.2.i.l)(a) if Contractor has caused or contributed to the invalidity of any warranty or failed to comply with Section A.2.j, the Contractor shall bear the full expense to effect any repair or replacement; and A.2.i.l)(b) for purposes of this section, the decision regarding whether and to what extent the Contractor has invalidated a warranty, whether the Contractor has failed to comply with section A.2.j or whether a defect is included in a warranty shall be within the sole judgment of the State; A.2.i.2) replacement of entire systems including but not limited to the boiler plant, heating, air conditioning, security electronics, communications and utility services, and costs to replace major components thereof which exceed $5,000; prOVided, however, A.2.i.2)(a) decisions regarding whether and to what extent the entire system or a major component thereof should be replaced shall be within the sole judgment of the State; and 6 A.2.i.2)(b) The Contractor shall be responsible for all costs if in the sole judgment of the State the replacement is necessary due to any of the following causes: A.2.i.3) (i) Contractor's negligence, (ii) Contractor's failure to adequately maintain the systems, or portions thereof, or (iii) Contractor's failure to comply with the provisions of the Contract; and where repairs or replacements are necessary due to design error or omission or improper construction of the Facility and not covered by a warranty. The decision regarding whether and to what extent the repair or replacement is due to design error or omission or improper construction shall be within the sole judgment of the State. A.2.j. Warranties. A.2.j.l) The State shall promptly provide Contractor a copy of any warranty made by a third party to the State covering property proVided by the State or on the Facility; proVided, however, the State is not obligated to acquire or purchase any such Warranties. A.2.j.2) With respect to said warranties, Contractor agrees as follows: A.2.j.2)(a) to maintain the Facility and property located thereon in compliance with said warranties; and A.2.j.2)(b) to promptly notify the Liaison in writing of any defects of whatever nature which are covered by said warranty allOWing the State sufficient time under the warranty to notify the entity providing said warranty. A.2.k. Contractor Failyre to Repair. If the State acquires notice of Contractor's failure to comply with its obligations regarding maintenance, repair or replacement with the Facility or property thereon, it may so notify the Contractor in writing but is not obligated to do so. Failure of the State to notify Contractor shall not relieve Contractor of its obligations hereunder. In the event the State is required to provide written notice of said failure pursuant to Section EA, the Contractor shall promptly comply with its obligation within the time specified by the State in the notice. If Contractor fails to effect said maintenance, repair or replacement within the time specified in said notice, the State may, but is not obligated, to do the following: A.2.k.l) the state may effect the maintenance, repair, or replacement and withhold the expense of such maintenance, repair or replacement from amounts due the Contractor; and/or 7 , z ,t it ,tt 6 .b.6.i.. .. ... n. A.aPQX!&! i4£.u.Q.Cv.. (( h ..Q.h.&&.J.P.3.P.. . S.J.$,.$J.5,J,.i.v.v.6.J,:;"tJ.¥.:;.3,.iQ.t.¥13.v.«t.t..Q.«.X.. .'.C... Q,' ...Q,O;.Q.=.£... , .,JUv((Cd . . ( A.2.k.2) A.2.J. avail itself of any or all of the remedies described in Section EA. Construction and Renovation. A.2.J.1) Contractor shall not modify, renovate, construct new buildings, add to existing buildings, or modify any of the systems contained therein including but not limited to the boiler plant, heating, air conditioning, security electronics, communications and utility services without the prior written approval of the State. Said approval shall include a review of the proposed modification by the Select Oversight Committee on Corrections and approval of the State Building Commission where required by law, regulation or policy. All modification, construction, and renovation requested by Contractor and approved by State shall be at Contractor's expense, unless otherwise specified. A.2.J.2) The State reserves the right to construct additional buildings at the Facility and/or to expand the capacity of existing buildings at the Facility. In the event the State exercises this right, Contractor agrees: A.2.J.2)(a) To cooperate with the State to the fullest extent possible; A.2.1.2)(b) That this Contract shall remain in full force and effect; and A.2.1.2)(c) That Contractor shall accept an increase in the Inmate population under the terms of this Contract with additional compensation to the Contractor being described in Section e.g. A.2.m. Utilities and Taxes. Contractor shall pay all taxes associated with this Contract and utility costs of the Facility including but not limited to water, gas, sewage and electric beginning on the Service Commencement Date. In the event ad valorem taxes are assessed against property at the Facility not owned by the Contractor, the Contractor may seek additional compensation pursuant to Section e.U. A.2.n. Telecommunications. A.2.n.1) Contractor will proVide, at its expense, all necessary telecommunications equipment except the telephone system. Such equipment must be capable of interfacing with the state existing communications and automated information systems and with any future department systems. Contractor shall enter all reqUired data on TOMIS. A.2.n.2) The Contractor may make additions to or rearrange features of the telephone system as it deems necessary, subject to written approval by the State. The Contractor must assure that the quality of workmanship and added components are of equal or greater quality to maintain system integrity. 8 A.2.n.3) All cost incurred in connection with the telephone operations, including additions, labor, maintenance, repair, moves and changes, local and long distance service, and training will be paid directly by the Contractor. A.2.n.4) The Inmate telephone system Contract will operate as in State's other correctional fadlities. All commissions will be paid to the State in conformance with the terms of the Inmate telephone system Contract. A.2.0. DestructiQn Qf Facility. A.3. A.2.0.1) If destruction of the Facility is caused in whole or part due to the Contractor's negligence Qr due tQ CQntractor's failure tQ perfQrm its Qbligations under this Contract, then the State may seek reimbursement from ContractQr fQr any damages sustained by the State. A.2.Q.2) In the event the Facility is destrQyed in part for any reason, then the Contractor remains obligated to fulfill its obligations under this Contract to the extent such is possible in the portion of the Facility that remains operational. The Contractor recogniZes that the inability to perform its obligatiQns due to the destruction may result in the State seeking a compensation adjustment pursuant tQ section C.H. A.2.Q.3) In the event the Facility is destroyed such that the physical damage prevents the housing and programming of the appropriate number of Inmates as determined by the Commissioner in his sole judgment, then the State may terminate this Contract without penalty either immediately or within stages upon written notice to the Contractor. CONTRACT MONITORING A.3.a. Monitoring. A.3.a.l) The State has the right and authority under this Contract to monitor CQntractor's performance hereunder. Such mQnitoring shall include but not be limited tQ observing and reporting on the day-to-day operational performance of the Contractor regarding compliance with all terms and cQnditions of this Contract. Such monitoring or failure to monitor shall not relieve Contractor of its responsibility, obligation and liability under this Contract. A.3.a.2) The State, thrQugh its Contract Management Unit, shall develop reporting requirements for the Contractor that shall include but not be limited tQ weekly, monthly, and/or quarterly reports on the following subjects: Inmate jobs and education, incident reports, disciplinary reports, Inmate grievances, staff turnover, staff training, employee grievances, employee discipline, health care access, reclassifications, transfers, furloughs, releases, media contacts, lawsuits, vQlunteers, drug audits, cell searches, visitation, and maintenance. Also, an 9 emergency reporting process shall be established that shall address, at a minimum, segregation of Inmates, use of force, and incidents which involve substantial risk to property, life, or institutional security. A.3.a.3) Contractor agrees to cooperate with the State, including any representatives of the State, in the Contract monitoring effort of the State through such means as may be requested from time to time, including, but not limited to the reporting of information as requested. The state and Contractor agree that the information collecting and monitoring processes described in this Section A.3.a, will be defined in the policies and procedures of the Tennessee Department of Correction. A.3.b. Comparative Evaluation. A.3.b.1) The State has the right and authority under this Contract to compare the Contractor's performance with comparable State facilities. The State has the right and authority under this Contract to collect information to compare the cost and quality of services provided by the Contractor with the cost and quality of similar services provided by the State at its comparable facilities. A.3.b.2) In accordance with TCA 41-24-105, after the first two years of operation, but before renewing the initial contract, the performance and operating costs of the Contractor will be compared to the performance and operating costs of the State using the Performance and Cost Evaluation Form which is included as Appendix G to the Contract. A.3.b.3) The Contract may only be renewed if the Contractor is providing essentially the same quality of services as the State at a cost of five percent (5%) lower than the State as set out in the Contract, or if the contractor is providing services superior in quality to those prOVided by the State at essentially the same cost as set out in the contract. "Essentially the same" means a difference of no greater than five percent (5%), and "superior" means a difference greater than five percent (5%). A.3.b.4) As set out in TCA 41-24-105, the Select Oversight Committee on Corrections will compare the quality of services between the State and the Contractor, and the Fiscal Review Committee will compare the costs of operation. Each committee will prepare a report on its findings and present that report to the parties responsible for determining whether the Contract should be renewed. A.3.b.5) The Comptroller of the Treasury shall audit the performance of the Department of Correction and the private Contractor to ensure that the State is receiving the quality and level of services as described in the Contract based upon the performance criteria, the monitoring process, 10 "". 5,._ t t " t..5...566.. . .. ,iJiMZ,J".o.: it,CM..... P,tiCM"QiQ¥&%iMi iM.J..QQ.h. J ( (E·.J.t44tA&:· and any applicable sanctions that might be incurred. The Comptroller shall report annually or as requested to the Select Oversight Committee on Corrections. A.3.b.6) The Contractor agrees to cooperate with the State, including any representatives of the State, in any comparison of services undertaken by the State through such means as may be requested from time to time, including but not limited to, the provision of information. A.3.c. Liaison. A.3.c.1) The State shall provide Liaison(s) to be located at the Facility. The Liaison(s) will be an employee(s) of the Department and will be paid by the Department. The Contractor shall have no control over the activities of the Liaison(s), supervisory or otherwise. A.3.c.2) The Liaison(s) shall be the representative of the State at the Facility to monitor the Contractor's compliance with the Contract. The Commissioner may also appoint the Liaison to act as his designee. The Liaison may also have functions described in Department policies. The Liaison may have other functions as prOVided by the Commissioner in writing. A.3.c.3) Unless otherwise specified by the Commissioner, in writing, the Liaison shall be the designated recipient of all information required of the Contractor. The Contractor shall be notified of the identity of any Contract Liaison, in writing, signed by the Commissioner. A.3.c.4) The individuals(s) acting as Liaison(s) may be changed during the term of the Contract, at the discretion of the Commissioner. A.3.c.S) The State hereby expressly disclaims that the Liaison or any other state employee or official has any authority, apparent or otherwise, to bind the State under this Contract unless expressly stated herein; provided, however, that the Commissioner shall have the same authority granted any state employee under this Contract and the Commissioner retains authority over the Inmates and Facility which may not be delegated at law. A.3.c.6) In addition to the Liaison(s) employed by the Department, the State may monitor the Contract through other representatives of State as it deems appropriate. Such representative(s) shall have the same right of access to information, the facility, Inmates, and Contractor's employees and agents as set out herein for Liaison(s). A.3.d. Multiple Liaisons. A.3.d.1) In the event that the Commissioner designates more than one (1) individual to act as Liaison, the State shall prOVide the Contractor with a 11 . :( nwAW."!'A .. i&&tGMW t ..&.i!th ..6.JJ. .. iJi.. .i..4M4.t..t..Q..tk.t&n. .. .... . ...c,c.At&. . .. 04;#.. ;444< t t !.w,· description of the Liaisons' levels of authority in writing executed by the Commissioner. A.3.d.2) In the event the Contractor believes it is receiving conflicting instructions from the Liaison(s) or that a Liaison is acting beyond his or her level of authority under the Contract or as provided in subsection 1), the Contractor shall notify the Commissioner in writing. The written response of the Commissioner shall be final. A.3.e. Office Space. A.3.e.l) Contractor shall provide adequate office space and local telephone service for the Liaison(s) and the staff of the Liaison(s), which may include a secretary, in close proximity to other administrative offices. A.3.e.2) Contractor shall also provide the Liaison and staff with access to all major office equipment, at Contractor's expense. A.3.e.3) Contractor shall not provide the Liaison(s) or Liaison staff with gifts or any form of compensation at any time. A.3.f. Liaison Access. A.3.f.1) The Liaison(s), shall have immediate, complete, and unrestricted access to all parts of the Facility at any and all times. A.3.f.2) The Liaison(s), shall have immediate, complete, and unrestricted access to all documents in any way pertaining to the obligations of Contractor under this Contract, including but not limited to Facility records, Inmate files, personnel files, and financial records. In the event that any such document is not located on the facility site, upon request Contractor agrees to provide the Liaison with a copy of the document within seventy-two (72) hours of the request. A.3.f.3) The Liaison(s), shall have immediate, complete, and unrestricted access to all meetings and hearings which in any way pertain to the obligations of Contractor under this Contract. Contractor agrees to notify the Liaison of the time, place and agenda at least twenty-four (24) hours in advance of any such meeting or hearing, unless it is not reasonable to provide said notice in which case the Liaison shall be notified simultaneously with the other participants; provided, however, the Liaison may not have access to meetings between the Facility staff and legal counsel retained by Contractor unless permitted by Contractor, but Contractor shall provide the Liaison with written notice of said meeting identifying the participants within five (5) days after said meeting. 12 A.3.f.4) The Liaison(s), shall have immediate, complete, and unrestricted access to all Inmates and access at a reasonable time and place to all employees of Contractor, including but not limited to the Warden. A.3.g. Meetings with Liaison. Contractor agrees to hold regularly scheduled weekly meetings with the Liaison to report on the operations of the Facility and to respond to any questions raised by the Liaison. Said regular meetings shall be in addition to interim meetings requested by the Liaison; provided, however, the frequency of such meetings is subject to modification at the sole discretion of the State. Contractor agrees that a representative of the Contractor having supervisory responsibility and authority to address the issues raised shall be in attendance at said meetings. An agenda shall be developed for said weekly meetings and Meeting Minutes shall be recorded and filed with the Contract Management Unit of the Department of Correction A.3.h. Reguests for Information. A.3.h.l) The Contractor shall proVide the Liaison with written responses to any information requested by the Liaison or Commissioner concerning any aspect of Contractor's performance under the Contract within the ~eriod prescribed in the State's request. A.3.h.2) The Contractor shall certify that said information is accurate and if Contractor is unable to so certify then Contractor shall state the reason therefor. A.3.h.3) Upon written request by the Liaison or Commissioner, the Contractor shall compile information in the requested form and provide documentation substantiating said information. A.3.h.4) Contractor shall not destroy any document related in any way to the Contractor's performance under the Contract without the prior written consent of the Liaison. A.3.i. Routine Documents. The Contractor shall prOVide the Liaison upon request with a copy of, or opportunity to review, all routine documents generated by the Contractor contemporaneously with the dissemination of the document. The Liaison shall notify the Contractor in writing of the requested routine documents. A.3.j. State Inspection. The Commissioner or his/her designee(s) shall have the same access as described in Section A.3.f, Liaison Access, which access shall include but not be limited to persons designated by the Commissioner to inspect the facility and/or audit Facility and/or Contractor's performance under the Contract. Contractor is also obligated to prOVide appropriate access to authorized inspection and regulatory agencies. The Contractor shall exercise due diligence for the safety and welfare of the Liaison, any other State employee, and any visitor at the Facility. 13 dim .. ¢b.66ibv:u.siJi. '&@iQ.QMi3'.iQi ·.4MMM':;;;,.MV.. C,J.:».£,i.Q.C.Qi«W(Qi . WM.¥.#4.tt.t..oh.G",Q.. Q..k . . . . WPM': /n.p· A.3.k. Immediate Compliance. A.3.k.l) If the Commissioner determines that the Contractor is not operating in compliance with a term or condition of this Contract which in the opinion of the Commissioner may adversely affect the security of the Facility or which may present a hazard to the safety or health of Inmates or other individuals, the Contractor shall be notified in writing (or verbally if it is believed an emergency situation exists). The notice shall direct the Contractor to immediately correct the noncompliance. A.3.k.2) The Contractor shall immediately notify the Commissioner of the proposed corrective action. If the Commissioner does not object to the proposed corrective action, the Contractor shall immediately implement said corrective action. A.3.k.3) If the Commissioner disagrees with the proposed corrective action or if the Contractor fails to notify the Commissioner immediately of its proposed corrective action, the Commissioner shall specify corrective action which the Contractor shall immediately implement. A.3.k.4) Notwithstanding any provision contained herein to the contrary, in such a circumstance, the Contractor shall immediately implement the corrective action specified by the Department before any appeal is taken. A.3.k.5) In the event the Contractor disagrees with the determination of noncompliance or designated corrective action, a request for reconsideration may be taken to the Commissioner. In no event shall the corrective action be delayed pending appeal. Upon examination, if the Commissioner determines in his sole discretion that a noncompliance did not exist or that the corrective action required by the Department was excessive, the Commissioner shall authorize payment to the Contractor of the actual expense incurred in taking said corrective action or excessive corrective action upon receipt of appropriate documentation substantiating said expense from the Contractor. All directions and actions by the Commissioner and actions by the Contractor shall be recorded and reported in writing as soon as practical and filed with the Contract Management Unit. A.3.1. Incident Reports. Contractor shall implement Department Policy 103.02 regarding the reporting of incidents. A.3.m. Financial Statement. On or before Aprill of each year during the term of this Contract, Contractor shall provide the Commissioner with a copy of its previous fiscal year's audited annual financial statements. A.4. OPERATION OF FACILITY 14 ". .JIJ .. 6. . iJ!¥.tt. . .(4)(4! .. ..t,:;.3.W.QiQ.WiQi . . . oJ. ,H.C •.C.'i.'i:i!.Q.'mm 'A48Y,w.c":;,Qi n . .... .•P.. .3 :H ....,.L.. . .h..Oi..'i.Q.Q.. .. =5$.<.' .. A.4.a. Obligations of Contractor. Contractor agrees to perform all acts and services and comply with all duties and promises as described and in conformance with the following: A.4.a.1) all applicable constitutional standards, federal, state and local laws, court decisions, and Court Orders and consent agreements, whether currently existing or as may be enacted or rendered in the future; A.4.a.2) all State and Departmental policies specified in Appendix C, as same may be amended in writing by the Department during the term of this Contract, or in the discretion of the Commissioner, policies approved by the Department which may not be identical to State or Department policies; A.4.a.3) such other policies as the Department may make applicable to the Contractor in writing during the term of the Contract as same may be amended during the term of this Contract; A.4.a.4) ACA standards; A.4.a.5) the terms of this Document; A.4.a.6) the terms of the RFP; and A.4.a.7) the terms of the Proposal. The standards articulated in 1) through 7) shall hereinafter collectively be referred to as "Standards." A.4.b. Obligations of State. State agrees to perform its obligations as described in this Document and the RFP. Notwithstanding any provision contained herein to the contrary, the parties agree that the State incurs no obligations as may be contained in the Proposal. A.4.c. Conflicts. A.4.c.1) In the event of an irreconcilable conflict among the Standards, the Contractor is required to follow the Standard as determined by the Liaison. A.4.c.2) In the event of disagreement between the Contractor and the Liaison regarding which item provides the Standard of service, the Commissioner or his designee shall make the final decision. A.4.c.3) Approval by the State of any policy or procedure submitted by the Contractor which may deviate from the Standards shall not relieve Contractor of the obligation to follow the Standards. 15 A.4.c.4) In the event of conflicts between the RFP and this Document regarding the State's obligations, the State shall comply with this Document. A.4.d. Policv and Procedures Manual The Contractor, on or before January 15, 2002, shall provide the State with a written Policy and Procedures Manual which shall contain policies and procedures for all services to be rendered by Contractor in accordance with the Standards. said manual shall establish the policies and procedures the Contractor shall follow in all areas covered by this Contract, including the areas covered by the Department policies listed in Appendix C. said manual shall be subject to the written approval of the State and said manual shall not be altered, amended, modified, revised or supplemented without the prior written approval by the State. The Contractor shall implement the provisions of said manual throughout the term of this Contract. A.4.e. Assignment and Transfer of Inmates. A.4.e.1) Inmates will be assigned to the Facility in accordance with Department policies. Contractor may not refuse to accept any Inmate assigned to the Facility, but if the Contractor believes that an Inmate has been erroneously assigned to the Facility, it may request his transfer in writing, through the Liaison citing the appropriate sections of Department policy. Any decision by the Department on such request shall be final. A.4.e.2) Contractor's requests for reassignment of Inmates from the Facility to another institution for medical, psychiatric, disciplinary or administrative reasons or for Inmate furloughs will be made in writing through the Liaison and evaluated by the Department. Any decision by the Department on such request shall be final. A.4.e.3) The State may transfer Inmates from the Facility with said decision to transfer being within the State's sole discretion. A.4.f. Safety and Emergency Procedures A.4.f.1) The Contractor, on or before January 15, 2002, shall develop and submit (1) written riot and disturbance control contingency plans, and (2) disaster preparedness plans to the State. Contractor shall cooperate with State in preparing contingent Inmate relocation plans A.4.f.2) At a minimum, the Contractor shall implement the written guidelines for the prevention of fire, safety inspections, maintenance of fire alarm and smoke detection systems, fire evacuation drills, evacuation plans, a procedure to report job-related injuries, and provisions for testing equipment to maintain essential lighting, power and communications contained in its Proposal. All such procedures will comply with National 16 Fire Protection Association life safety codes and Department Policies 112.04, 112.05, and 112.09. A.4.f.3) The Contractor shall develop and submit to the State plans for the search and apprehension of any escaped Inmate, on or before January 15, 2002. Said plans shall address the Contractor searching for any escapee off the grounds of the Facility and coordination with local and State authorities. Contractor shall implement said plans regarding any search off the grounds of the Facility only if so requested by the Commissioner. A.4.f.4) During the term of the Contract, the Contractor shall develop and submit to the State in writing any other emergency and control plans as may be requested in writing by the Department within the time period set out in said request. A.4.f.5) All plans under this Section must be submitted to the State and approved by the State in writing. Contractor agrees to make any revisions, deletions or additions requested by the Commissioner or his designee. Upon written approval by the State, Contractor shall begin immediate implementation of the plans or in the case of contingency plans, certify that Contractor has the ability and shall implement the plan if the contingency occurs. said plans may not be revised, amended, altered, or supplemented without prior written consent of the State. A.4,f.6) All plans must be in conformance with the Standards. A.4.g. Medical and Mental Health Services. A~4.g.1) Contractor shall provide all physical health services, mental health services and dental services as specified in this Section and in the Standards utilizing Department health services medical records forms and mental health service forms, as said forms may be revised or supplemented during the term of this Contract. A.4.g.2) At a minimum, these services must meet the Standards. A.4.g.3) The Contractor shall ensure that all physical, mental, and dental health care is prOVided by appropriately licensed and/or qualified health care professionals A.4.g.4) The physical, mental, and dental health services delivery shall include but not be limited to the following: A.4.g.4)(a) 24 hour-a-day, 7 day-a-week emergency physical and mental health care; A.4.g.4)(b) 24 hour-a-day, 7 day-a-week on-site RN coverage; 17 A.4.g.4)(c) initial health screening; AA.gA)(d) health appraisal examination; A.4.g.4)(e) daily triaging of complaints; A.4.g.4)(f) daily sick call per normal workday schedule; A.4.g.4)(g) infirmary operation with at least supervision by an RN twenty-four hours per day, seven days per week; A.4.g.4)(h) use of the Department health and programmatic records; A.4.gA)(i) special medical and/or mental health programs and services for, but not limited to, Inmates with chronic needs or requiring convalescent care; A.4.g.4)O) mental health, sex offender screening and aftercare, and substance abuse services; A.4.g.4)(k) Specialty physician care; (The State may, in its sole discretion, allow the Contractor to use the health services at the Lois M. Deberrry Special Needs Facility (DSNF), provided, however, that the Contractor shall enter into an agreement for usage and payment for said services with the State's health services contractor.) A.4.g.4)(I) ancillary services - radiology, laboratory, etc.; A.4.g.4)(m) dental services - routine; A.4.gA)(n) pharmaceutical services and supplies; A.4.gA)(o) optometry services (provided on site); A.4.g.4)(p) health education; A.4.g.4)(q) inpatient hospitalization services; A.4.g.4)(r) outpatient hospitalization services. A.4.g.5) The Contractor shall be responsible for all medication costs except for the conditions noted in Section A.4.g.S)(c) of this Contract. A.4.g.5)(a) The Contractor shall submit to the State's director of mental health a monthly pharmaceutical utilization report denoting, but not limited to, the following: the prescriber, inmate number, diagnosis, type of medication, and associated cost. 18 AA.g.5)(b) The Contractor shall be responsible for securing the services of a pharmaceutical company that provides a delivery system that assures that medications are properly stored, packaged, and administered and provides for accountability of controlled substances. AA.g.5)(c) The Contractor shall document that the medication prescribed to the patient has been explained. Drug-specific medication information fact sheets shall be signed and dated by the patient and placed in the health record. The fact sheets shall be accessible to the patient. AA.g.5)(d) The Contractor's formulary shall encompass an acceptable range of medications that includes both new and older generation medications, as well as generic equivalents. The Contractor shall have in place a non-formulary request process. AA.g.6) The Contractor shall furnish eyeglasses, hearing aids, and dentures. AA.g.7) In the event it is the opinion of the Contractor's Medical Director that an Inmate's health or well-being would suffer or be damaged if a needed prosthesis is denied the Inmate, then said prosthesis shall be provided by the Contractor. A.4.g.8) The Contractor shall be responsible for security services for inpatient care during the confinement period for which the Contractor is financially responsible, other than at a Departmental facility. Contractor shall proVide security at an off·site medical facility after the Department assumes responsibility, if requested to do so by the Department. In such instances, the State shall reimburse the Contractor for the actual cost of prOViding such security selVices. AA.g.9) Mental Health. Provide a sixty-four (64) bed mental health housing unit that proVides two (2) distinct functions. AA.g.9)(a) The first operational responsibility shall be to accept those TDOC patients who are in need of therapeutic services in a sheltered environment. Services shall include, but not be limited to, diagnostic evaluations or assessments (when deemed necessary), psychopharmacological interventions, institutional job integration (when applicable), individual and/or group counseling to address psychologiCilI{ psychosocial deficits. Referral to this programming component shall be made available to the entire correctional system. The intent of this program component is not to serve those TOCC patients who are in need of intensive psychiatric intervention, such as those at the Lois M. DeBerry Special Needs Facility. 19 All programming curriculum shall be annually approved in written form by the institutional psychologist. The Contractor shall develop and have in place program outcome measures that shall be reviewed by the State's Director of Mental Health Services and/or designee. The State reserves the right to modify the curriculum and recommend reasonable program delivery change if it is determined that participants are not benefiting. Referring TOOe facility mental health treatment teams will address the follOWing admission criteria when processing a referral to the mental health housing unit: (i) A comprehensive discharge/transfer summary from the sending mental health treatment team will be signed and forwarded to the receiving facility as part of the referral process, (u) The inmate/patient will possess a Global Assessment of Functioning (GAF) Score between 31 and 60, (iii) The inmate/patient will possess a DSM IV disorder, (iv) The inmate/patient has the ability to participate in structured activities when stabilized on medication, (v) The inmate/patient has the ability to function in group activity with minimal supervision (vi) The inmate/patient has the ability to participate in some unsupervised movement outside the unit, or (vii) The inmate/patient is considered by the institutional mental health treatment team to be in need of a structured treatment program. AA.g.9)(b) The second operational responsibility of this mental health housing unit shall be to serve strictly as a sheltered housing assignment for select TOOe Inmates. Placement on this unit shall be determined by the referring mental health treatment team. Inmates referred to this component of the program may or may not be actively receiving psychiatric services, specifically medications. Those patients receiving outpatient services upon the time of referral will continue to receive such care in the same manner upon placement in the unit until a review by the mental health staff subsequently changes the need for them to remain in this type of unit. Referring moe facility mental health treatment teams will address the following admission criteria when considering a sheltered housing assignment: 20 0) A transfer summary will be signed by the treatment team and forwarded as part of the referral, (ii) The Inmate is of medium custody or less, {iiO The Inmate has a BETA score between 60 and 80, (iv) The Inmate has a reading level of 5th grade or less (per WRAT III), (v) Reported history by the inmate of physical, sexual, and/or emotional abuse, (vi) An inmate possessing a Class A disciplinary of a violent nature within the last 18 months will not be eligible for placement. A.4.g.9)(c) Discharge criteria for either program component shall be as follows: (i) Demonstrates ability to remain compliant with medication(s), if applicable, and has met the program expectations to the best of his ability; (ii) Ability to function in a general population environment as determined by the treatment team; Oii) Meets criteria for admission into the DSNF; or (iv) Direct parole/discharge from TDOC custody. A.4.g.9)(d) Inmates discharged pursuant to A.4.g.9)(c)(ii) shall be returned to the referring facility, prOVided that the Inmate is determined to be suitable for placement in the general population of the referring facility (except when the transfer is to DSNF for an increased level of care). A.4.g.9)(e) The mental health coordinator shall have in place a waiting list for both program components as a means of prioritizing and tracking referrals. A.4.g.9)(f) Referrals made for Inmates/patients requiring treatment shall take priority over referrals for sheltered housing when considering bed occupancy. A.4.g.lO) Sex Offender. A sex offender aftercare treatment program that conforms to the department's policies and procedures shall be provided by Contractor. Screening of Inmates shall be provided for the purpose of placement into the Department's intensive treatment program. 21 &J . u, ( t.. AMi tt. .Q.v.vi t ... hWii ni .. ( .Ci.om.WiII .... .&.C.diQ( .z.i ..i.QI.Q.QiQID' . . A. .. a;4.iG... .s;:Qii_ii( .t ...... .J.b.Qii&ZJtt.i). . . .. 3.v QiW"iii( d..d.QI.Qi .QiO,.m 3,. - A.4.g.11) Sybstance Abyse. Substance abuse programming that emphasizes relapse prevention and provides for after-eare or self-help treatment services shall be provided by Contractor. A.4.g.12) Notwithstanding any provision contained herein to the contrary, the Contractor shall be responsible for the cost of providing all health, medical, mental health, and dental services, including but not limited to inpatient hospitalization, any surgery and specialty services, medications, specialty clinics, medically related transportation and the costs associated with the provision of services described in this section unless specifically excluded or limited below under Exclusions And Limitations. A.4.g.13) Exclusions and Umitations. A.4.g.13)(a)If the inmate is hospitalized at a non-Departmental facility, the Contractor shall not be responsible for Inpatient-Hospital Costs which exceed $4000.00 per Inmate per admission. The Department will decide on the location of care and confinement following this initial period and may, in consultation with the Contractor's representative, decide to utilize Departmental facilities during the initial period of inpatient care. The Contractor shall not have access to the Department's facilities without the Department's approval. If an inmate is housed and treated at a Departmental facility, the Department will assume financial responsibility for expenses incurred within its facilities. Provided, however, notwithstanding any provision contained herein to the contrary, any Inmate medical expenses resulting from the negligence or willful wrongdoing of the Contractor, its officers, agents or employees, shall be fully paid for by the Contractor. A.4.g.13)(b)The Contractor shall not be responsible for the cost of providing anti-retroviral medications therapeutically indicated for the treatment of Inmates with AIDS or HIV infection. A.4.h. Food Service. A.4.h.l) Contractor will provide food service for the Inmates and volunteers in accordance with the Standards, including but not limited to the provision of special diets and three (3) meals for each Inmate served at regular times during each twenty-four (24) hour period with no more than fourteen (14) hours between the evening meal and breakfast. A.4.h.2) The Contractor shall not be required to follow the Department's master menu, but the food service area must comply with State health regulations and the Standards. At a minimum the amount of daily calories must conform with the recommended dietary allowances published by the National Academy of Sciences. Menus shall be 22 approved by a registered dietician. Menus and dietary allowances shall be filed with the Contract Management Unit. A.4.h.3) The Contractor is strongly encouraged to purchase food products from Tennessee's Comprehensive Food Service Program production center. A.4.i. layndry. Inmate Clothing and Hygiene. AA.i.1) Contractor will provide complete Inmate laundry services, Inmate clothing and bed linen (including pillows, pillow cases, sheets, blankets), and towels in accordance with the Standards. A.4.i.2) Contractor shall implement the procedures described in the Proposal to ensure the issue of clean, usable bed linen, towels, shoes and clothing to all Inmates. AA.i.3) Contractor shall provide Indigent Inmates with soap, toothbrush, toothpaste, comb, deodorant, and all other necessary hygiene supplies. A.4.i.4) Pursuant to Tennessee Code Annotated § 41-24-234(a) all Inmates shall be clothed in a uniform manufactured by TRICOR. AA.j. Recreation. AA.j.l) Consistent with the Standards, the Contractor shall prOVide facilities, eqUipment and supplies for indoor and outdoor recreational and leisure time programs for the Inmate population. AA.j.2) Contractor shall provide for a comprehensive recreational program supervised by a qualified person and shall set forth the number of hours of outdoor recreation available to each Inmate. On or before January 15, 2002, Contractor shall submit to the Department written policy and procedure which shall provide the specifics of said program and shall be subject to the prior written approval of the State. AA.k. Transportation. A.4.k.l) The Contractor will be responsible for the following Inmate transportation: AA.k.l)(a) All transportation between the Facility and the State's Turney center located in Only, Tennessee to connect with central transportation system vehicles, to include transportation of Inmates initially assigned to the Facility and other Inmates being transferred to and from the Facility for various reasons. A.4.k.l)(b) All transportation within the Local Area; and 23 A.4.k.l)(c) Transportation outside the Local Area, as necessary, when the Department's central transportation is unavailable or time restricts inter-institutional transfer, inclUding but not limited to administrative transfers initiated by the Warden and approved by the Commissioner's designee, and missed or late notification of court dates. AA.k.2) The Contractor shall provide security in conformance with the Standards while transporting Inmates. AA.k.3) The Department will be responsible for all other Inmate transportation via connection at Turney Center Industrial Prison for Departmentmandated moves of prisoner groups for assignment purposes. AA.I. Inmate Commissary. AA.I.1) Contractor will provide a commissary for Inmates which shall supply only those non-consumable items approved by the Department in writing and such consumable items as the Contractor approves. A.4.1.2) The Contractor may not have items in the Commissary that are prohibited by Departmental policy. AA.1.3) Commissary items shall be sold at a reasonable price subject to the prior written approvClI by the Commissioner or his designee. All profits derived from the Commissary operation shall be retained by Contractor. Contractor shall utilize the statewide Inmate Trust Fund system for all commissary transactions. A.4.m. Mail. Contractor will provide pick up and delivery of Inmate mail in compliance with the Standards. Contractor will furnish first class postage to Indigent Inmates for the mailing of legal documents to courts or legal counsel and a reasonable amount of postage for other purposes. A.4.n. Religious Services. Contractor will designate adequate space within the Facility for religious services and prOVide religious programs and/or religious services in compliance with the Standards. AA.o. Inmate Grievance Procedure. Contractor will comply with Departmental policies and procedures regarding the Inmate grievance process and the Department's system for maintaining grievance-related records, as said policies and/or system may be revised during the term of this Contract. AA.p. Security. A.4.p.l) Contractor shall prOVide security in accordance with the Standards at all times in the Facility, and while Contractor is transporting Inmates and at all other times unless relieved of said obligation by the CommisSioner in writing. All Contractor policies and procedures regarding security shall 24 i&£M&S., QM .. 36.6.QI .1. .. .tiit. ,t.t . ...WO,@,i,W,Q, .. It.. . t£.QiQ( .. &..tsz,iJX!' . .".. P.x.s~ . .ltt.. ." .;;UJh.;;;;;;;;;;;;;;;;;M t.. t3.&v,w:¥WiWtMm.Q,:;,=.h'.<· be provided to the State on or before January 15, 2002. Said policies and procedures shall be in accordance with the Standards and subject to written approval by the State prior to implementation. Contractor shall comply with said policies and procedures during the term of this Contract. All Inmate program activities in accordance with the Standards shall take place within the Facility. No Inmate shall leave the Facility except under security escort unless provided for by Department policy. A.4.p.2) At a minimum, the Contractor shall prOVide security, perimeter control, facility control, control center function, post orders, security patrols, security inspections, counting procedures, key control, procedure for search and control of contraband, tool control, escape plan detection, appropriate use of security eqUipment, use of restraints, use of firearms and chemical agents, tactical unit procedure, inspections, housing unit assignment plans and internal and external movement control procedures and periodic shakedowns. Security procedures will be in compliance with Departmental policy when applicable. A.4.q. Visitation. Contractor shall designate physical space and prOVide appropriate security and supervision for indoor and outdoor visitation in accordance with applicable Standards, no less frequently than at comparable Department facilities. Contractor shall furnish State with a written attorney visitation policy no later than January 15, 2002. A.4.r. Access to Courts. Contractor shall provide Inmates with constitutionally required access to the courts as required by the Standards. A.4.s. Inmate Discipline. A.4.s.1) The Contractor shall implement Department Inmate disciplinary rules and procedures as they may be amended by the Department. A.4.s.2) All disciplinary processes and board activities must strictly adhere to Department Policies 9502-01, 502.01.1, 9502.02, 502.04, and 502.05. A.4.s.3) Contractor agrees that no Inmate will be disciplined except in accordance with this section and the Standards. A.4.s.4) The Contractor shall use the present or any future system established by the Department for recording disciplinary information. A.4.t. Use of Force. A.4.t.l) The Contractor shall comply with Department Policy 9506.07, "Use of Force/Security Devices;" Policy 9506.07.1, "Use of Chemical Agents;" and 9506.07.1, "Use of Electronic Restraint Devices." Any internal policies and procedures and revisions thereto shall be in accordance with the Standards and subject to written approval by the State. 25 A.4.t.2) Notwithstanding any provision contained herein to the contrary, no use of force shall be allowed by Contractor except as in accordance with the Standards. A.4.t.3) Contractor's employees shall be allowed to use force only A.4.t.3)(a) While on the grounds of the Facility; A.4.t.3)(b) While transporting Inmates; A.4.t.3)(c) During periods of community hospitalization; A.4.t.3)(d) During court proceedings; A.4.t.3)(e) While pursuing escapees from the Facility if the Commissioner requests said pursuit; and A.4.t.3)(f) While supervising Inmates away from the Facility and then only in accordance with the policies and procedures described in Ca) and (b) above. A.4.t.4) Contractor's employees shall be authorized to use such non-deadly force as the circumstances require only in the following situations: A.4.t.4)(a) To prevent the commission of a felony or misdemeanor, including escape; A.4.t.4)(b) To defend themselves or others against physical assault; A.4.t.4)(c) To prevent serious damage to property; A.4.t.4)(d) To enforce institutional regulations and orders; and A.4.t.4)(e) To prevent or quell a riot or disturbance. A.4.t.5) Contractor's employees shall be authorized and trained to use deadly force in accordance with TDOC Policy 9506.08 and the Standards. The Co.ntractor's employees authorized to use firearms must at a minimum meet the qualifications set forth in T.eA. ';52-35-117. Deadly force may be used only as a last resort and then may be used only to prevent escape, to prevent the loss of life or serious bodily harm, or to quell a rebellion, riot, or disturbance in which loss of life or serious injury to an individual is imminent. Only those employees who are appropriately trained and, if applicable, authorized by law shall be authorized to carry and use firearms. A.4.u. Sentence Reduction Credits. 26 ·'.LL, J iSA3. iU.....,,&WQP.. h.J.t.w:w;ii( Wi ,4 ( PlMAhd>.. (wi. . .&.(Q•. w3'i.'h,:;,Xiiwm:w::i ,.&:,.. . iQiMJiQiiii( J.4..A..Q.Q.X""'''''''''''';W;:'Wqz:G. . A.4.u.l) Contractor shall submit sentence credit reports to the Contract Liaison monthly. A.4.u.2) The decision on award or forfeiture of sentence credits remains solely with the Department. A.4.v. Sentence Computation. Contractor shall provide the State with essential data and information relating to sentence computation. All sentence computations, including calculation of Inmate release and parole dates, shall be done by the Department and copies furnished to Contractor and Inmates. All other record keeping functions (e.g. posting of disciplinary reports, filing, updating Inmate assignments, custody levels, etc.) are the responsibility of the Contractor. A.4.w. Records and Reports. A.4.w.l) Contractor shall prOVide for comprehensive operations and Inmate record and reporting systems for the Facility in compliance with the Standards and Department policy including the automated Inmate records and reporting system operated by the Department which shall include but not be limited to the folloWing: A.4.w.l)(a) Inmate institutional records on each Inmate including, but not limited to, personal data, personal inventory receipts, disciplinary action reports, incident reports, release information, classification and counseling records, dental, psychiatric and medical records. A.4.w.l)(b) documentation regarding complaints against Contractor's staff, the number and nature of violent or other disruptive incidents among Inmates or against staff, the number and nature of disciplinary actions against staff, the rate at which Inmates complete programs successfully, the number of Inmates productively active and the level of production; A.4.w.l)(c) identification of all Inmates at the Facility and their actual assigned physical location within the Facility; A.4.w.l)(d) identification of Facility staff and other authorized persons who have direct access to Inmate records; and A.4.w.l)(e) provision of all reports requested by the State in writing for monitoring or evaluation of the Contract or any court-ordered compliance. The system shall adhere to the Standards governing confidentiality. A.4.w.2) The Contractor shall maintain a permanent log in addition to shift reports that record routine and emergency situations. Each shift shall maintain records of pertinent information regarding individual Inmates 27 and groups of Inmates. These records shall be compiled daily and reviewed by appropriate supervisory staff. A.4.w.3) All computer equipment and communication lines necessary to interface with the Department's Tennessee Offender Management Information System (TOMIS) will be provided by the Department at no cost to the Contractor. A.4.w.4) Contractor will be required to incorporate into its operation all new systems developed to report and track Inmate record information designated by the Commissioner. A.4.w.5) Upon request, all records, reports and documents will be made available immediately to the Contract Liaison for review. At the conclusion of the Contract, all records shall be turned over to the Department. A.4.w.6) The Contractor shall prepare and submit to the Contract Liaison such reports as are required by the State. Unless otherwise notified in writing by the Contract Liaison, these reports include the following which must be Submitted on a monthly basis: A.4.w.6)(a) Unusual Occurrence Reports A.4.w.6)(b) Incident Reports A.4.w.6)(c) Disciplinary Reports AA.w.6)(d) Medical Summaries A.4.w.6)(e) Program ActiVity Summaries A.4.w.6)(f) Inmate Grievances A.4.w.7) Contractor shall promptly notify the Contract Liaison whenever an Inmate leaves the Facility on court order. A.4.x. Escapes. A.4.x.l) The Contractor shall exercise its best efforts to prevent escapes from the Facility. If the frequency of escapes or attempted escapes shall be in excess of the frequency of escapes or attempted escapes from comparable State facilities without good cause or shall exhibit a disregard for the safety of the general public, the State may declare the Contractor in Breach pursuant to Section EA. Said determinations shall be within the sole judgment of the Commissioner. A.4.x.2) In the event of an escape resulting in whole or part from Contractor's failure to perform pursuant to the provisions of this Contract, the State may seek damages in a court of competent jurisdiction. 28 A.4.y. Post Orders. AA.y.l) Contractor shall develop and submit to the State, as soon as each is available, but no later than January 15, 2002, Post Orders required by this Contract in compliance with the Standards. AA.y.2) Post Orders shall be by post and shift and shall include Post Orders for all security positions. AA.z. Policy Audit. The Contractor shall be inspected or audited at least annually in accordance with TDOC Policy 103.07 with respect to the implementation of at least those policies and procedures listed in Appendix C. The Contractor may, in addition and at its own expense, elect to have a policy audit conducted using personnel independent from the Contractor. The implementation will be in compliance with Tennessee Department of Correction Policies 103.07 and the Contractor will respond as required. In the event an audit reveals a Breach, as defined in Section EA, by the Contractor, the State shall have available the remedies set out in Section EA. AA.aa. Inmate Work. A.4.aa.l) The Contractor shall establish work programs in accordance with the Standards. AA.aa.2) Inmate work is subject to the written approval of the Commissioner pursuant to T.C.A. 41-24-110 or as the same may be modified or amended in the future. AA.aa.3) Any minimum restricted or higher custody Inmate working outside the secured perimeter must be under armed supervision. AA.aaA) The Contractor will be allowed to use Inmate labor for Facility operations and maintenance to the same extent Inmate labor is utilized in other State facilities pursuant to State policy and not for the benefit of the Contractor. The Contractor shall submit Inmate job descriptions for the State's written approval via TOMIS before assigning jobs to Inmates. Job assignments and re-assignments shall be made by the Contractor only after the job description has been approved in writing by the State. No Inmate shall ever be placed in a position of authority or control over another. AA.aa.5) In emergency situations, the Department, in its sole discretion, may require the Contractor to furnish Inmates and security for outside work crews. Labor costs of security services associated therewith shall be reimbursed at the Contractor's actual cost, plus expenses and cost of operation. AA.aa.6) Inmates shall not perform services or produce goods for use outside the Facility except upon written consent of the Commissioner. 29 A.4.aa.7) The Department shall provide Inmates with sentence reduction credit. The Contractor shall be responsible for establishing and administering a compensation program at its expense, which will include Inmate pay in compliance with the Standards. A.4.bb. TRICQR. A.4.bb.l) TRICQR currently has in place at the Facility an industry program that provides Inmate jobs. The Contractor and TRICQR may negotiate for the continuation or expansion of the TRICQR industry program at the Facility and/or other issues related to the industry program deemed appropriate by both parties. In the event the Contractor chooses not to use the Inmate jobs provided through TRICQR industry program, the Contractor shall be responsible for all costs associated with the transfer of the program to another facility, including but not limited to costs of development of a relocation plan, physical relocation of equipment and raw materials, installation of eqUipment at new site(s), lost production, lost sales, relocation of staff, recruitment of staff, retraining of work force, renovation of new site(s), and vendor contract costs. Security for such industry program(s) shall be provided by the Contractor. Industry supervision and management for TRICQR programs shall be prOVided by TRICQR. A.4.bb.2) The Contractor is strongly encouraged to purchase consumable items used in the performance of this contract from TRICQR when costs and quality of products are similar to products otherwise purchased by the Contractor in performance of this contract. A.4.cc. Vocational and Academic Education. Contractor shall furnish vocational and academic education as set forth in the Standards, at its expense. A.4.dd. Classification and case Management. A.4.dd.l) Contractor shall comply with Departmental policies regarding classification and reclassification services. A.4.dd.2) Contractor shall be reqUired to maintain dassification information which conforms to the Department's system. A.4.ee. Inmate Trust Fund. Contractor shall maintain an Inmate trust fund according to Department policies and shall implement the plan contained in its Proposal governing use of the Department's trust fund procedures. A.4.ff. sanitation and Hygiene. The Contractor shall provide for sanitation and hygiene in accordance with the Standards. A.4.gg. Computer Software. The State shall retain proprietary rights to all State provided software utilized in connection with this Contract. 30 AA.hh. Inmate Drug Testing. Contractor will conduct drug tests in accordance with Department Policy 506.21. Contractor be will be responsible for all costs. All positive drug screens shall be confirmed through a second methodology. Selection of Inmates to be tested at random will be the responsibility of the Department. AA.ii. Resumption of Control. AA.ii.1) Contractor shall review and comment on the Department's plan for resumption of control within 15 days following its receipt by the Contractor. The plan will provide for the orderly transfer of control of the Facility from the Contractor to the Department, both temporarily, and under any conditions of termination. Contractor agrees to implement said plan upon written notice from Commissioner. AA.ii.2) Said plan will also prOVide for emergency assumption of control by the Department of whole or part of the Facility under conditions of natural disaster, in the event of riot or insurrection or other emergency circumstances wherein the Commissioner deems it necessary for the State to assume temporary or permanent control of the Facility. The Commissioner shall determine whether and to what extent an emergency circumstance exists in his sole discretion. Contractor shall be responsible for any expense the State may incur in the event the Department assumes emergency control of the Facility and the Contractor's payment shall be reduced commensurate with the reduction in services prOVided by Contractor during the emergency period. The State may withhold these amounts from any other amounts which may otherwise be due Contractor. The plan shall address Contractor' s resumption of control after the circumstances causing the emergency assumption has ended. The plan will provide for the transfer of all records to the Department. AA.jj. Accreditation. The Contractor shall maintain, at its expense, ACA reaccreditation of the Facility. . AA.kk. Inmate and Staff Identification. Contractor shall comply with the procedures in the Standards for Inmate and staff identification including but not limited to, uniforms, fingerprinting and photographing. AA.l1. Inmate Personal Property Space. Contractor shall follow Department policy on Inmate personal property. AA.mm. Library. A general Inmate library will be provided and operated by Contractor in accordance with the Standards. AA.nn. Volunteer Services. Contractor shall implement the plans provided for volunteer service programs described in the Proposal in accordance with the Standards. At a minimum, the Contractor shall provide for supervision and 31 monitoring of the program and security background checks for volunteer applicants. Contractor shall establish and maintain a Local Volunteer Advisory Board. AA.oo. Release Payments for Inmates. The Contractor shall follow Departmental policy regarding transportation for discharged Inmates and discharge payments to said Inmates. The Contractor shall make such payments at its own expense without reimbursement from the State. AA.pp. A.S. Space for Board of ParoleslInstitutional Parole Officer. Contractor shall provide a hearing room for the Board of Paroles two (2) days per month or as otherwise requested by the Board. The hearing room shall be large enough to comfortably accommodate three (3) Board members and fifteen (15) visitors. The Contractor shall prOVide local telephone service and furniture for the hearing room. The Contractor shall also prOVide furnished office space five (5) days each month, or as otherwise requested by the Board, for the institutional parole officer. STAFFING/EMPLOYEES A.S.a. Independent Contractor. Contractor is associated with the State only for the purposes and to the extent set forth in this Contract. With respect to the performance of the management services set out herein, Contractor is and shall be an independent Contractor. The Contractor's agents and employees shall not accrue leave, retirement, insurance, bonding, use of State vehicles or any other benefit afforded to the employees of the State as a result of this Contract. Contractor, its agents and employees shall not be considered agents or employees of the State. A.S.b. Executive Officer. The Facility and its programs shall be managed by a single executive officer employed by the Contractor (sometimes referred to herein as "Warden ll ) . The executive officer shall be subject to the prior written approval of the State. A.S.c. Organization. The Facility shall be managed according to the organizational chart submitted with the Proposal. Any modification or alteration to the management plan shown on said chart shall require the prior written approval of the State. A.S.d. Personnel Notwithstanding any provision contained herein to the contrary, Contractor shall provide adequate staff to fulfill its obligations under this Contract, which shall be at a minimum the number of staff set forth in the Proposal. security staff vacancies shall be filled within thirty (30) days and all other vacancies shall be filled in forty-five (45) days; provided, however, that during the period of any vacancy, the services associated with said position shall be provided by Contractor unless the Commissioner has agreed in writing to the contrary with a reduction in the per diem rate as defined in Section C.11. 32 A.5.e. Staffing Pattern/Security Post Assignment. A.5.e.1) Contractor shall provide sufficient staff to ensure the appropriate supervision of Inmates at all times and at a minimum shall abide by and fulfill the staffing pattern submitted with its Proposal. A.5.e.2) At a minimum, Contractor shall abide by and fulfill the security post assignment schedule in its Proposal which details by day and shift the security positions and hours of work. Said security post assignment schedule shall include designation of critical posts. The Contractor shall submit Post Orders and a security post assignment roster for the prior written approval of the State. A.5.e.3) Contractor shall develop and submit to the Liaison on or before the twentieth (20th) of each month, its written monthly post assignment schedule for the following month. A.5.e.4) If the State determines at any time that the staffing pattern and/or security post assignment schedule is inadequate, the Contractor agrees to place additional employees at the Facility and/or revise and implement the revisions to its staffing pattern and security post assignment. If Contractor is reqUired to increase staff, it may request an adjustment in the per diem pursuant to Section C.11. A.5.e.5) Any revisions to the staffing pattern and/or security post assignment require the prior written approval of the State. Contractor shall submit monthly staffing reports on or before the fifteenth (15th) of each month describing for the preceding month whether and to what extent Contractor has complied with the staffing pattern, security post assignment, and monthly post assignment. Staffing patterns are determined by security and program requirements and associated workloads. If changed circumstances modify those reqUirements or workloads the Contractor and/or the State will review those changed circumstances and a formal review will determine any changes in staffing reqUirements at the sole discretion of the State. A.5.f. Job Descriptions. A.5.f.l) Contractor shall abide by the written job descriptions for each position in the staffing pattern as provided in the Proposal, including but not limited to job title, responsibility and required minimum experience and education. A.5.f.2) Any revisions or modifications of the job descriptions require the prior written approval of the State. A.5.g. personnel Records. A personnel record shall be maintained for each employee at the Facility which at a minimum shall contain the following: application, background investigation, dates of employment, training, performance 33 evaluations, and disciplinary actions. The Contractor shall obtain a signed statement from each employee authorizing the State to have access to the personnel record. A.S.h. Staffing Reports. On or before the fifth (Sth) day of each month, Contractor shall submit a report to the Liaison providing the following information: A.S.h.1) the number of employees hired, indicating position, the date of termination and the date the position was vacated; A.S.h.2) the number of employees whose employment had been terminated for whatever reason whether voluntarily or involuntary, including reason for termination and position; A.S.h.3) whether any position on the staffing pattern was vacant and for how many days. A.S.L Reduction in Staff. A.S.i.1) Contractor shall immediately notify the Liaison if any positions on the staffing pattern are vacant. A.S.i.2) If a position described in subsection 1) remains vacant in excess of the time allowed in A.S.d, then the State shall have the option of exerdsing the remedies available in Section EA. A.S.j. Background Checks. A.S.j.1) Prior to employment with Contractor, applicants shall be subjected to a thorough background investigation, including criminal, employment, and medical histories. The background investigation for applicants for correctional officer positions shall alSo include psychological history, and such applicants shall be reqUired to be certified by a qualified mental health professional as being free from any disorder as described in the current edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association that would, in the professional judgement of the examiner, impair the subject's ability to perform any essential function of the job or would cause the applicant to pose a direct threat to safety. Criminal and employment histories must go back a minimum of five (5) years. Said background investigations shall be available to the State upon request. A.S.j.2) A Security Addendum required by Title 28, Code of Federal Regulations Part 20, is appended hereto as AppendiX F and incorporated by reference herein. A.5.k. Hiring preference. Department employees who have been laid off shall also be given a hiring preference in the staffing of the Facility according to T.C.A. ~1 24-101, et seq., and shall comply with T.C.A. iSections 41-24-112 and 41-2434 113 in all respects, as those sections may be modified or amended in the future. A.S.1. State Assistance. A.S.!.l) During the term of the Contract, Contractor shall send a representative to participate in periodic meetings regarding Departmental activities and shall send a representative to sessions in which relevant policy modifications are being discussed or presented. A.S.I.2) Contractor shall receive written notice of the time, place and agenda of the meetings or sessions described in subsection 1) at the same time Department employees are provided notice. A.S.!.3) Said meetings or sessions shall be held within the State, and Contractor shall bear any and all expense associated with its representative being present. A.S.1.4) The Department shall supply Contractor with technical assistance, consultation and informational support consistent with that provided other comparable institutions in accordance with the Standards provided, however, said support shall consist solely of advice and consultation. A.S.m. Trainjng. Contractor shall provide training programs for all employees in accordance with the Standards. All costs incurred for said orientation and training programs shall be borne by Contractor. The Contractor's employees shall receive at least the same number of hours of orientation, pre-service, and in-service training as required by ACA Standards. The Liaison shall be permitted to review training curricula and other trainingrelated records and to audit training classes at any time. The Contractor shall comply with T.C.A. 14-6-143 including but not limited to compensation for teachers. A.S.n. Drug Free Work Force. Contractor shall at all times maintain a drug free work force and shall implement the plan contained in its Proposal for maintenance of a drug free work force and the employee assistance program described in its Proposal. B. CONTRACT TERM: B.1. Contract Term. This Contract shall be effective for the period commencing on March 1, 2002, and ending on June 30, 2005. The State shall have no obligation for services rendered by the Contractor which are not performed within the specified period. 35 .... it t ( h to . i(. au ... .3 . . .&. . AJ.4QU;:c..tEM .3. .I &J..J«'h.c,O.Q Q.J.h.d.&5 :;.Q,:;, .. Q,:;'v::w.J.(,Q.Q.C•. d.Q.dh Q..Q..Qi ( • B.2. C. Term Extension. The State reserves the right to extend this Contract for an additional two-year period, provided that the State notifies the Contractor in writing of its intention to do so on or before March 1, 2005. An extension of the term of this Contract will be effected through an amendment to the Contract. If the extension of the Contract necessitates additional funding beyond that which was included in the original Contract, the increase in the State's maximum liability will also be effected through an amendment to the Contract and shall be based upon rates prOVided for in the original contract. PAYMENT TERMS AND CONDITIONS: c.1. Maximum Liability. In no event shall the maximum liability of the State under this Contract exceed seventy-six million five hundred seventy-four thousand five hundred nine dollars ($76,574,509.00). The Service Rates in Section C.3 shall constitute the entire compensation due the Contractor for the Service and all of the Contractor's obligations hereunder regardless of the difficulty, materials or equipment reqUired. The Service Rates include, but are not limited to, all applicable taxes, fees, overheads, and all other direct and indirect costs incurred or to be incurred by the Contractor. The Contractor is not entitled to be paid the maximum liability for any period under the Contract or any extensions of the Contract for work not requested by the State. The maximum liability represents available funds for payment to the Contractor and does not guarantee payment of any such funds to the Contractor under this Contract unless the State requests work and the Contractor performs said work. In which case, the Contractor shall be paid in accordance with the Service Rates detailed in Section C.3 and Section A.4.aa.5. The State is under no obligation to request work from the Contractor in any specific dollar amounts or to request any work at all from the Contractor during any period of this Contract. C.2. Compensation Firm. The Service Rates and the Maximum Liability of the State under this Contract are firm for the duration of the Contract and are not subject to escalation for any reason unless amended. C.3. Payment Methodology. The Contractor shall be compensated based on the Service Rates herein for units of service authorized by the State in a total amount not to exceed the Contract Maximum Liability established in Section C.1. The Contractor's compensation shall be contingent upon the satisfactory completion of units of service or project milestones defined in Section A. The Contractor shall be compensated based upon the follOWing Service Rates: PERIOD March 1, 2002 - June 30, 2002 MAXIMUM ALLOWABLE PER INMATE DAY (PER DIEM) $35.78 36 July 1, 2002 - June 30, 2003 $36.98 July 1, 2003 - June 30, 2004 $38.18 July 1, 2004 - June 30, 2005 $39.43 * July 1, 2006 - June 30, 2007 * * - Contingent upon Contract extension by Amendment $40.71 July 1, 2005 - June 30, 2006 $42.04 The Per Diem payment will be made only for Inmates actually incarcerated at the Facility, except Per Diem payment shall be made for any Inmate hospitalized at a state departmental Facility during the period when the Contractor is responsible for said hospitalization expense. No Per Diem shall be paid for any Inmate out on court order. The Contractor shall submit monthly invoices, in form and substance acceptable to the State with all of the necessary supporting documentation, prior to any payment. Such invoices shall be submitted for completed units of service or project milestones for the amount stipulated. C.4. Travel Compensation. The Contractor shall not be compensated or reimbursed for travel, meals, or lodging. C.5. Payment of Invojce. The payment of the invoice by the State shall not prejudice the State's right to object to or question any invoice or matter in relation thereto. Such payment by the State shall neither be construed as acceptance of any part of the work or service proVided nor as an approval of any of the amounts invoiced therein. C.6. Invoice Reductions. The Contractor's invoice shall be subject to reduction for amounts included in any invoice or payment theretofore made which are determined by the State, on the basis of audits conducted in accordance with the terms of this contract, not to constitute proper remuneration for compensable services. C.7. Deductions. The State reserves the right to deduct from amounts which are or shall become due and payable to the Contractor under this or any contract between the Contractor and the State of Tennessee any amounts which are or shall become due and payable to the State of Tennessee by the Contractor. C.8. Automatic Deposits. The Contractor shall complete and sign an "Authorization Agreement for Automatic Deposit (ACH Credits) Form." This form shall be proVided to the Contractor by the State. Once this form has been completed and submitted to the State by the Contractor all payments to the Contractor, under this or any other contract the Contractor has with the State of Tennessee shall be made by Automated Clearing House (ACH). The Contractor shall not invoice the State for services until the Contractor has completed this form and submitted it to the State. 37 C.9. Expansion. In the event the State exercises its right to construct additional buildings at the Facility and/or to expand the capacity of existing buildings at the Facility, the parties will negotiate a Per Diem Rate for such additional Inmates, it being the intent of the parties that the State will pay only the marginal costs for such additional Inmates. In no event shall negotiated marginal costs for additional Inmates exceed the rates in the Contractor's original proposal. C.10. Billing DisPutes. If the amount to be paid to Contractor is disputed by the State, the State, on or before the date the invoice is payable, shall advise the Contractor of the basis for the dispute and, in the manner provided above, pay the amount of such invoice which is not in dispute. C.U. Compensation Adjystment for Change of Services. C.l1.a. The parties recognize that each has entered into this Contract based upon the Standards in effect as of the Effective Date of the Contract. Contractor agrees to be bound by any applicable Standard change and said change shall not affect the validity of this Contract. If a change occurs in an applicable Standard other than as proVided in subsection b) herein, either party may notify the other in writing if it is believed said change shall affect the services delivered by the Contractor. The Commissioner shall make the final, binding decision regarding whether a change has occurred in an applicable Standard and whether said change affects the services rendered by the Contractor. Any adjustment in compensation due the Contractor shall be determined in accordance with subsection d). C.l1.b. If Contractor desires to make minor revisions to its Proposal which will not affect its ability to comply with the other Standards, the Contractor shall notify the Commissioner of said proposed revision in writing. said minor revisions to the Proposal may occur only upon the prior written consent of the Commissioner. It shall be within the Commissioners sole discretion whether or not to agree to said minor revision and his decision shall be binding. Any adjustment in compensation resulting from said minor revision shall be determined in accordance with subsection d). This provision is an exception to Sections E.36 and E.37. C.U.c.In the event Contractor may receive payments or compensation of any nature for services it is obligated to perform under this Contract from any source, including but not limited to federal, state or local authority, or any third party, other than the compensation described in this Contract, Contractor shall receive prior written consent and direction from the State prior to receiVing any such additional compensation. The State may withhold a comparable amount from any payments due the Contractor. In the event said additional compensation is used to prOVide enhanced or innovative services at the Facility as compared to the services prOVided by the Department at comparable facilities, Contractor must still receive prior written consent from the State prior to receiving said compensation before the Contractor may retain those funds. 38 The Commissioner shall decide whether the funds will be used to provide enhanced or innovative services at the Facility. C.ll.d. Within thirty (30) days of the notices required in subsections a) through c) above, Contractor shall provide State with the proposed adjustment in compensation and appropriate documentation in support thereof. The Commissioner shall decide whether and to what extent an adjustment in Per Diem Rate is appropriate. In the event the proposed adjustment decreases the Per Diem Rate then the Commissioner may agree to reduce said Per Diem Rate, prOVided, however, in the event the proposed adjustment increases the Per Diem Rate then the Per Diem Rate may be increased only by amendment to this Contract as described in Section E.36. C.12. Failure to Agree on Billing Dispute or for Additional or Reduced services. C.12.a. In the event Contractor disagrees with the State's failure to pay a disputed amount under section C.10, disagrees with the adjustment in compensation determined by the Commissioner under Section C.ll or disagrees with any other aspect or amount of payment made by the State then the Contractor shall submit a claim and the grounds for said disagreement in writing to the Commissioner within thirty (30) days of the date the State either makes partial payment of the disputed bill or refuses disputed bill in its entirety. Failure of the Contractor to submit said claim and grounds to the Commissioner in writing within the time period described herein shall be an absolute waiver of said claim. The State shall be afforded a sixty (60) day period in which to review the claim and effect a cure or take reasonable steps to effect a cure, if it deems a cure appropriate. C.12.b. In the event the Contractor timely provides the notice described in subsection a), then Contractor may file a claim against the State before the appropriate forum in Tennessee with jurisdiction to hear said claim. Failure by the Contractor to file a claim before the appropriate forum in Tennessee with jurisdiction to hear said claim within one (1) year of the notice described in subsection a) shall operate as a waiver of said claim in its entirety. It is agreed by the parties that this provision establishes a Contractual period of limitations for any claim brought by the Contractor. Neither this Section nor any other provision of this Contract creates or expands jurisdiction of any court or commission over the State. D. STANDARD TERMS AND CONDITIONS: 0.1. Required Approvals. The State is not bound by this Contract until it is approved by the appropriate State officials in accordance with applicable Tennessee State laws and regulations. 0.2. Conflicts of Interest. The Contractor warrants that no part of the total Contract Amount shall be paid directly or indirectly to an employee or offidal of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, 39 agent, employee, subcontractor, or consultant to the Contractor in connection with any work contemplated or performed relative to this Contract. 0.3. Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Contract or in the employment practices of the Contractor on the grounds of disability, age, race, color, religion, sex, national origin, or any other classification protected by Federal, Tennessee State constitutional, or statutory law. The Contractor shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. 0.4. Records. The Contractor shall maintain documentation for all charges against the State under this Contract. The books, records, and documents of the Contractor, insofar as they relate to work performed or money received under this contract, shall be maintained for a period of three (3) full years from the date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice by the State, the Comptroller of the Treasury, or their duly appointed representatives. The financial statements shall be prepared in accordance with generally accepted accounting principles. 0.5. Monitoring. The Contractor's activities conducted and records maintained pursuant to this Contract shall be subject to monitoring and evaluation by the State, the Comptroller of the Treasury, or their duly appointed representatives. 0.6. Progress Reports. The Contractor shall submit brief, periodic, progress reports to the State as requested. 0.7. Strict performance. Failure by any party to this Contract to insist in anyone or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto. 0.8. Independent Contractor. The parties hereto, in the performance of this Contract, shall not act as employees, partners, joint venturers, or associates of one another. It is expressly acknowledged by the parties hereto that such parties are independent contracting entities and that nothing in this Contract shall be construed to create an employer/employee relationship or to allow either to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. The Contractor, being an independent contractor and not an employee of the State, agrees to carry adequate public liability and other appropriate forms of insurance, 40 including adequate public liability and other appropriate forms of insurance on the Contractor's employees, and to pay all applicable taxes incident to this Contract. 0.9. State Uability. The State shall have no liability except as specifically provided in this Contract. 0.10. Force Majeure. The obligations of the parties to this contract are subject to prevention by causes beyond the parties' control that could not be avoided by the exercise of due care including, but not limited to, acts of God, riOts, wars, strikes, epidemics or any other similar cause. 0.11. State and Federal Compliance. The Contractor shall comply with all applicable State and Federal laws and regulations in the performance of this Contract. 0.12. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Tennessee. The Contractor agrees that it will be subject to the exclusive jurisdiction of the courts of the State of Tennessee in actions that may arise under this Contract. The Contractor acknowledges and agrees that any rights or claims against the State of Tennessee or its employees hereunder, and any remedies arising therefrom, shall be subject to and limited to those rights and remedies, if any, available under Tennessee Code Annotated, Sections 9-8-101 through 9-8-407. 0.13. Completeness. This Contract is complete and contains the entire understanding between the parties relating to the subject matter contained herein, including all the terms and conditions of the parties' agreement. This Contract supersedes any and all prior understandings, representations, negotiations, and agreements between the parties relating hereto, whether written or oral. 0.14. severability. If any terms and conditions of this Contract are held to be invalid or unenforceable as a matter of law, the other terms and conditions hereof shall not be affected thereby and shall remain in full force and effect. To this end, the terms and conditions of this Contract are declared severable. 0.15. Headings. Section headings of this Contract are for reference purposes only and shall not be construed as part of this Contract. E. SPECIAL TERMS AND CONDITIONS: E.l. Conflicting Terms and Conditions. Should any of these special terms and conditions conflict with any other terms and conditions of this Contract, these special terms and conditions shall control. E.2. Communications and Contacts. All instructions, notices, consents, demands, or other communications reqUired or contemplated by this Contract shall be in writing and shall be made by facsimile transmission, by overnight courier service, or by first class mail, postage prepaid, addressed to the respective party at the appropriate facsimile number or address as set forth below gr to such other party, facsimile number, or address as may be hereafter specified by written notice. 41 The State: Donal campbell, Commissioner Department of Correction 4th Floor, Rachel Jackson Bldg. 320 Sixth Avenue North Nashville, Tennessee 37243-0465 Phone: 615-741-1000 Fax: 615-532-8281 The Contractor: John D. Ferguson President and Chief Executive Officer Corrections Corporation of America 10 Burton Hills Blvd. Nashville, Tennessee 37215 Phone: 615-263-3001 Fax: 615-263-3010 All instructions, notices, consents, demands, or other communications shall be considered effectively given as of the day of delivery; as of the date specified for overnight courier service delivery; as of three (3) business days after the date of mailing; or on the day the facsimile transmission is received mechanically by the telefax machine at the receiving location and receipt is verbally confirmed by the sender if prior to 4:30 p.m. CST. Any communication by facsimile transmission shall also be sent by United States mail on the same date of the facsimile transmission. E,3. Subject to Funds Availability. The Contract is subject to the appropriation and availability of State and/or Federal funds. In the event that the funds are not appropriated or are otherwise unavailable, the State reserves the right to terminate the Contract upon written notice to the Contractor. Said termination shall not be deemed a breach of Contract by the State. Upon receipt of the written notice, the Contractor shall cease all work associated with the Contract. Should such an event occur, the Contractor shall be entitled to compensation for all satisfactory and authorized services completed as of the termination date. Upon such termination, the Contractor shall have no right to recover from the State any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount. EA. Breach. A party shall be deemed to have breached the Contract if any of the following occurs: I) failure to perform in accordance with any term or provision of the Contract; II) partial performance of any term or provision of the Contract; III) any act prohibited or restricted by the Contract, or IV) violation of any warranty. For purposes of this contract, items I through IV shall hereinafter be referred to as a "Breach." 42 E.4.a. Contractor Breach - In event of a Breach by Contractor, the state shall have available the following remedies as described further herein: E.4.a.l) Actual Damages and any other remedy available at law or equity; E.4.a.2) Liquidated Damages-- the State may withhold as liquidated damages the amounts designated on Appendix E of this contract from any amounts owed Contractor. E.4.a.2)(a) The State shall notify Contractor in writing of the Breach and the amounts to be withheld as Liquidated Damages. E.4.a.2)(b) The parties agree that due to the complicated nature of the Contractor's obligations under this Contract it would be difficult to specifically designate a monetary amount for a Breach by Contractor as said amounts are likely to be uncertain and not easily proven. Contractor hereby represents and covenants it has carefully reviewed the liquidated damages contained in Appendix E and agree that said amounts represent a reasonable relationship between the amount and what might reasonably be expected in the event of Breach, and are a reasonable estimate of the damages that would occur from a Breach. E.4.a.2)(c) It is hereby agreed between the parties that the liquidated damages represent solely the damages and injuries sustained by the State in losing the benefit of the bargain with Contractor and do not include: any injury or damage sustained by a third party and Contractor agrees that the liquidated damage amount is in addition to any amounts Contractor may owe the State pursuant to the indemnity provision or other section of this Contract; E.4.a.2)(d) The State may continue to withhold the liquidated damages or a portion thereof until the Contractor cures the Breach, the State exercises its option to declare a Partial Default, or the State terminates the Contract. E.4.a.2)(e) The State is not obligated to assess liquidated damages before availing itself of any other remedy. E.4.a.2)(f) The State may choose to discontinue liqUidated damages and avail itself of any other remedy available under this Contract or at law or equity; provided, however, Contractor shall receive a credit for said liquidated damages previously withheld except in the event of a Partial Default. E.4.a.3) Partial Default E.4.a.3)(a) In the event the State declares a Partial Default, the State shall prOVide written notice to the Contractor of the follOWing: 43 (i) The date which Contractor shall terminate providing the service associated with the Breach; and (ii) The date the State will begin to provide the service associated with the Breach. EA.a.3)(b) The State may revise the time periods contained in the notice written to the Contractor. E.4.a.3)(c) In the event the State declares a Partial Default, the State may Withhold, together with any other damages associated with the Breach, from the amounts due the Contractor the greater of: (i) amounts which would be paid the Contractor to provide the defaulted service as provided in subsection (4); or (u) the cost to the State of providing the defaulted service, whether said service is provided by the State or a third party. EA.a.3)(d) To determine the amount the Contractor is being paid for any particular service, the Department shall be entitled to receive within five (5) days any requested material from Contractor. The State shall make the final and binding determination of said amount. EA.a.3)(e) The State may assess liqUidated damages against the Contractor for any failure to perform which ultimately results in a Partial Default with said liqUidated damages to cease when said Partial Default is effective. EA.a.3)(f) Upon Partial Default, the Contractor shall have no right to recover from the State any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount. EA.a.3)(g) Contractor agrees to cooperate fully with the State in the event a Partial Default is taken. EA.aA) Termination of the Contract - In the event of a Breach by Contractor, the State may terminate the Contract immediately or in stages. EA.a.4)(a) The Contractor shall be notified of the termination in writing by the State. Said notice shall hereinafter be referred to as Termination Notice. EA.aA)(b) The Termination Notice may specify either that the termination is to be effective immediately, on a date certain in the future, or 44 that the Contractor shall cease operations under this Contract in stages. E.4.a.4)(c) Contractor agrees to cooperate with the State in the event of a termination, Partial Default or Partial Takeover. E.4.a.4)(d) In the event of a termination, the State may withhold any amounts which may be due Contractor without waiver of any other remedy or damages available to the State at law or at eqUity. E.4.a.4)(e) In the event of a termination, the Contractor shall be liable to the State for any and all damages incurred by the State and any and all expenses incurred by the State which exceed the amount the State would have paid Contractor under this Contract. E.4.b. State Breach - In the event of a Breach of contract by the State, the Contractor shall notify the State in writing within thirty (30) days of any Breach of contract by the State. Said notice shall contain a description of the Breach. E.5. E.4.b.1) Failure by the Contractor to provide the written notice described in section E.4.b. shall operate as an absolute waiver by the Contractor of the State's Breach. E.4.b.2) In no event shall any Breach on the part of the State excuse the Contractor from full performance under this Contract. E.4.b.3) In the event of Breach by the State, the Contractor may avail itself of any remedy at law in the forum with appropriate jurisdiction; provided, however, failure by the Contractor to give the State written notice and opportunity to cure as described in section E.4.b. operates as a waiver of the State's Breach. E.4.b.4) Failure by the Contractor to file a claim before the appropriate forum in Tennessee with jurisdiction to hear such claim within one (1) year of the notice described in section E.4.b. shall operate as a waiver of said claim in its entirety. It is agreed by the parties this provision establishes a contractual period of limitations for any claim brought by the Contractor. Partial Takeover. The State may, at its convenience and without cause, exercise a partial takeover of any service which the Contractor is obligated to perform under this Contract, including but not limited to any service which is the subject of a subcontract between Contractor and a third party, although the Contractor is not in Breach (hereinafter referred to as "Partial Takeover''). Said Partial Takeover shall not be deemed a Breach of Contract by the State. 45 E.5.a. Contractor shall be given at least thirty (30) days prior written notice of said Partial Takeover with said notice to specify the area(s) of service the State will assume and the date of said assumption. E.5.b. Any Partial Takeover by the State shall not alter in any way Contractor's other obligations under this Contract. E.5.c. The State may withhold from amounts due the Contractor the amount the Contractor would have been paid to deliver the service as determined by the State. The amounts shall be withheld effective as of the date the State assumes the service. E.5.d. Upon Partial Takeover, the Contractor shall have no right to recover from the State any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount. E.6. Performance Bond. Upon approval of the Contract by all appropriate State officials in accordance with applicable State laws and regulations, the Contractor shall furnish a performance bond in the amount equal to three million seven hundred thousand dollars ($3,700,000.00), guaranteeing full and faithful performance of all undertakings and obligations under this Contract for the initial Contract term and all extensions thereof. The bond shall be in the manner and form prescribed by the State and must be issued through a company licensed to issue such a bond in the State of Tennessee. The Contractor shall obtain the reqUired performance bond in form and substance acceptable to the State and prOVide it to the State no later than February 6, 2002. Failure to provide the performance bond prior to the deadline as required shall result in contract termination. In lieu of a performance bond, an irrevocable letter of credit may be substituted as a surety deposit. The substitution of a performance bond with a surety deposit, as well as the form and substance of such a surety deposit, must be approved by the State prior to its submittal and may be rejected by the State at its sole discretion. E.7. State Interest in Eguipment=Uniform Commercial Code security Agreement. The Contractor shall take legal title to all equipment and to all motor vehicles, hereinafter referred to as "eqUipment," purchased totally or in part with funds provided under this Contract, subject to the State's equitable interest therein, to the extent of its pro rata share, based upon the State's contribution to the purchase price. "Equipment" shall be defined as an article of nonexpendable, tangible, personal property having a useful life of more than one year and an acquisition cost which equals or exceeds $5,000.00. As authorized by the provisions of the terms of the Tennessee Uniform Commercial Code- Secured Transaction, found at Title 47, Chapter 9 of the Tennessee Code Annotated, and the provisions of the Tennessee Motor Vehicle Title and Registration Law, found at Title 55, Chapter 1 of the Tennessee Code Annotated, 46 an intent of this Contract document and the parties hereto is to create and acknowledge a security interest in favor of the State in the equipment or motor vehicles acquired by the Contractor pursuant to the provisions of this Contract document. A further intent of this Contract document is to acknowledge and continue the security interest in favor of the State in the equipment or motor vehicles acquired by the Contractor pursuant to the provisions of this program's prior year Contracts between the State and the Contractor. The Contractor hereto grants the State a security interest in said equipment. This agreement is intended to be a security agreement pursuant to the Uniform COmmercial Code for any of the equipment herein specified which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and the Contractor hereby grants the State a security interest in said equipment. The Contractor agrees that the State may file this Contract or a reproduction thereof, in any appropriate office, as a financing statement for any of the equipment herein specified. Any reproduction of this or any other security agreement or financing statement shall be sufficient as a financing statement. In addition, the Contractor agrees to execute and deliver to the State, upon the State's request, any financing statements, as well as extensions, renewals, and amendments thereof, and reproduction of this Contract in such form as the State may reqUire to perfect a security interest with respect to said eqUipment. The COntractor shall pay all costs of filing such financing statements and any extensions, renewals, amendments and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements the State may reasonably reqUire. Without the prior written consent of the State, the Contractor shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in said equipment, including replacements and additions thereto. Upon the Contractor's breach of any covenant or agreement contained in this COntract, including the covenants to pay when due all sums secured by this Contract, the State shall have the remedies of a secured party under the Uniform COmmercial Code and, at the State's option, may also invoke the remedies herein provided. The COntractor agrees to be responsible for the accountability, maintenance, management, and inventory of all property purchased totally or in part with funds provided under this Contract. The Contractor shall maintain a perpetual inventory system for all eqUipment purchased with funds provided under this Contract and shall submit an inventory control report which must include, at a minimum, the following: a. b. c. d. e. f. g. Description of the equipment; Manufacturer's serial number or other identification number, when applicable; Consecutive inventory equipment tag identification; Acquisition date, cost, and check number; Percentage of state funds applied to the purchase; Location within the Contractor's operations where the equipment is used; Condition of the property or disposition date if Contractor no longer has possession; 47 h. Depreciation method, if applicable; and i. Monthly depreciation amount, if applicable. The Contractor shall tag equipment with an identification number which is cross referenced to the equipment item on the inventory control report. The Contractor shall inventory equipment annually. The Contractor must compare the results of the inventory with the inventory control report and investigate any differences. The Contractor must then adjust the inventory control report to reflect the results of the physical inventory and subsequent investigation. The Contractor shall notify the State, in writing, of any equipment loss describing reason(s) for the loss. Should the eqUipment be destroyed, lost, or stolen, the Contractor shall be responsible to the State for the pro rata amount of the residual value at the time of loss based upon the State's original contribution to the purchase price. The Contractor shall submit its inventory control report of all equipment purchased with the final invoice submitted under this Contract. This inventory control report shall contain, at a minimum, the requirements specified above for inventory control. Upon termination of the Contract, where a further contractual relationship is not entered into, or at another time during the term of the Contract, the Contractor shall request written approval from the State for any proposed disposition of equipment purchased pursuant to this Contract. All eqUipment shall be disposed of in such a manner as parties may agree from among alternatives approved by Tennessee Department of General services and in accordance with any applicable federal laws or regulations. E.8. State Fyrnished property. The Contractor shall be responsible for the correct use, maintenance, and protection of all articles of nonexpendable, tangible, personal property furnished by the State for the Contractor's temporary use und~r this Contract. Upon termination of this Contract, all property furnished shall be returned to the State in good order and condition as when received, reasonable use and wear thereof excepted. Should the property be destroyed, lost, or stolen, the Contractor shall be responsible to the State for the residual value of the property at the time of loss. E.9. Incorporation of Additional Documents. Included in this Contract by reference are the following documents: I) II) III) IV) V) The Contract document and its attachments All Clarifications and addenda made to the Contractor's Proposal The Request for Proposal and its associated amendments Technical Specifications provided to the Contractor The Contractor's Proposal In the event of a discrepancy or ambiguity regarding the Contractor's duties, 48 responsibilities, and performance under this Contract, these documents shall govern in order of precedence detailed above. E.10. Confidentiality of Records. Strict standards of confidentiality of records shall be maintained in accordance with the law and the Standards. All material and information prOVided to the Contractor by the State or acqUired by the Contractor on behalf of the State whether verbal, written, magnetic tape, cards or otherwise shall be regarded as confidential information in accordance with the provisions of State law and ethical standards and shall not be disclosed, and all necessary steps shall be taken by the Contractor to safeguard the confidentiality of such material or information in conformance with State law and ethical standards. The Contractor will be deemed to have satisfied its obligations under this section by exercising the same level of care to preserve the confidentiality of the State's information as the Contractor exercises to protect its own confidential information so long as such standard of care does not violate the applicable provisions of the first paragraph of this section. The Contractor's obligations under this section do not apply to information in the public domain; entering the public domain but not from a breach by the Contractor of this Contract; preViously possessed by the Contractor without written obligations to the State to protect it; acquired by the Contractor without written restrictions against disclosure from a third party which, to the Contractor's knowledge, is free to disclose the information; independently developed by the Contractor without the use of the State's information; or, disclosed by the State to others without restrictions against disclosure. It is expressly understood and agreed the obligations set forth in this section shall survive the termination of this Contract. E.11. Authorized Individuals. Each party hereto has provided the other party hereto with a list identifying the individuals from whom the other party is authorized to accept any notices, requests, demands, or other advice which may be given hereunder by the party prOViding such list. said lists, which are attached hereto as AppendiX H, shall be valid until revoked or amended by further written notice. The parties hereto shall only be entitled to rely on notices, requests, demands, or other advice given by such individuals. E.12. Tennessee Consolidated Retirement System. The Contractor acknowledges and understands that, subject to statutory exceptions contained in Tennessee Code Annotated, Section 8-36-801, et. seq., the law governing the Tennessee Consolidated Retirement System, provides that if a retired member returns to State employment, the member's retirement allowance is suspended during the period of the employment. Accordingly and notwithstanding any provision of this Contract to the contrary, the Contractor agrees that if it is later determined that the true nature of the working relationship between the Contractor and the State under this Contract is that of "employee/employer" and not that of an independent contractor, the Contractor may be reqUired to repay to the Tennessee Consolidated Retirement 49 System the amount of retirement benefits the Contractor received from the Retirement System during the period of this Contract. E.13. General Indemnification. E.13.a.The Contractor agrees to protect, indemnify, save and hold harmless the State, all State departments, agencies, boards, and commissions, as well as officers, agents, servants, and employees of the State, including volunteers, from any and all claims, demands, expenses, and liability arising out of the performance under the Contract of the Contractor, its agents, servants, employees, subcontractors, and independent Contractors, and from any and all costs, expenses, and attorneys' fees (including costs of work done by the Attorney General or his designees incurred as a result of any claims, demand, lawsuit or cause of action.) A.l.b. The State shall give the Contractor written notice of such claim or suit, if the State is notified first, and full right and opportunity to conduct the Contractor's defense thereof; but the State does not hereby accord to the Contractor, through its attorneys, any rights to represent the State of Tennessee and all State Departments, agencies, boards and commissions, as well as officers, agents, servants, and employees of the State, including volunteers in any legal matter; such right being governed by T.C.A. 13-6-106. E.13.c. The State, its Departments, agencies, boards, and commissions, as well as its officers, agents, servants, and employees of the State, including volunteers shall, at the option of the Attorney General, be represented by the Attorney General, his designee, or outside counsel selected by the State and the Contractor shall be responsible for all fees, costs and expenses associated with that representation. E.13.d. This indemnification shall include, but not be limited to, the following: E.13.d.1) Any Breach on the part of the Contractor in the performance of the Contract; E.13.d.2) Any claims or losses for services rendered by Contractor, by any person or firm performing or supplying services, materials or supplies in connection with the performance of the Contract; E.13.d.3) Any claims or losses, to any person injured or property damaged from the acts or omissions of the Contractor, its officers, agents, employees in the performance of the Contract; E.13.d.4) Any claims or losses by any person or firm injured or damaged by Contractor, its officers, agents, or employees by the publication translation, reproduction, delivery, performance, use, or disposition of any data processed under the Contract in a manner not authorized by the Contract, or by Federal, State, or local statutes and regulations; and 50 El3.d.S) Any failure of Contractor, its officers, agents or employees to observe the laws of the United States and of the State of Tennessee, including but not limited to labor laws and minimum wage laws; E.l3.d.6) Any claims or losses resulting from the escape of an Inmate; and El3.d.7) Any claims or losses to any person injured or property damaged from the acts or omissions of any Inmate. E14. Indemnification Regarding Policies. E.14.a. The indemnification of Section E.13, includes but is not limited to, any claims or losses arising from the promulgation or implementation of the Contractor's policies and procedures whether or not said policies and procedures have been approved by the State. E.14.b. The indemnification of Section E.l3 includes, but is not limited to any claims of the Contractor1s wrongdoing in implementing the Departmental policies listed in Appendix C. E.14.c. With regard to any claim that the Departmental policies listed on Appendix C are unlawful (i.e., the issue is that the policies and procedures are lawful on their face), if the State is named as a party, the Attorney General, his designee or an independent Contractor hired for that purpose will represent the State. The Contractor will be responsible for its own defense. The State will be liable for any judgment against it and the Contractor will be liable for any judgment against it. However, this subsection shall not apply if the claim in any way arises from Contractor's failure to appropriately implement policy. E.14.d. The Contractor agrees to send copies of any and all documents which have been filed in any lawsuit naming the Contractor and/or its employees in which concern the operation of the Facility under this Contract to the State. E.14.e.Contractor shall not waive, release, or otherwise forfeit any possible defense the State may have regarding claims arising from or made in connection with the operation of the Facility by Contractor without the consent of the State. Contractor shall preserve all such available defenses and cooperate with the State to make such defenses available to the maximum extent allowed by law. E.1S. General Provisions. Unless otherwise required by the State, all insurance provided by the Contractor shall be in conformance with the General Specifications for Insurance detailed in AppendiX D. Upon written request by the State, Contractor shall revise or supplement the insurance listed on AppendiX D and may seek a compensation adjustment pursuant to Section c.u. E.16. Types of Insurance. The Contractor shall continuously maintain and pay for insurance and insurance company services meeting the general and specific provisions set forth in Appendix D during the term of this Contract, for the following types of insurance: 51 t txwx, .J VQ. SiQQM4ttt&. Q. . &Mik.t.h.3. . .p;a.s,;,J..tJ.QSiQ.IJiW ii(lJxw:::::::45.C.A '9'>.0.$. .d.. A", . . .i.&. ".lWX4:nv# .uw· E.16.a. Workman's Compensation E.16.b. General Liability, excluding products and completed operations E.16.c. Products and Completed Operations Liability E.16.d. Business Automobile Liability E.16.e.Owned and Non-owned Aircraft Liability E.16.f. Umbrella/Excess Liability E.16.g. Director's and Officer's Liability E.l6.h. Professional and Medical Liability covering nurses, attorneys, counselors, psychologists, and social workers E.l6.i. Property/Boiler and Machinery E.16.j. Employee Dishonesty E.l? Fire and property Insurance. The State shall maintain all risk property insurance on the State's buildings which comprise the Facility. The Contractor shall obtain and keep in force insurance on all property to be located at the Facility. E.l8. Defense/Immunity. Notwithstanding any provision contained herein to the contrary, the State does not waive any immunity defenses which may exist by operation of law, including, but not limited to, limitations on the amount of damages which may be awarded or paid. E.19. Financial Strength. The Contractor shall, prior to signing this Contract, file with the State an audited financial statement showing a net stockholders equity, calculated according to generally accepted accounting principles consistently applied, of not less than five million dollars ($5,000,000). Thereafter, the Contractor shall file annually, on or before April 1 of each year, a current financial statement and if the net stockholders equity of the company shall ever be less than five million dollars ($5,000,000), the State may declare the Contractor in default unless the Contractor provides alternative evidence of equivalent financial worth within thirty (30) days of demand by the State. E.20. Exception to General Indemnification. The indemnification provisions of this section shall not apply to injUry, death or damage to property arising solely out of the negligence or misconduct of the State, its officers, agents, servants or independent Contractors (other than Contractor) who are directly responsible to the State. E.2l. Liquidated Damages. 52 E.2l.a. In the event of a Breach by Contractor described in Appendix E, the State may withhold as liquidated damages the amounts designated on Appendix E from any amounts owed Contractor. E.2l.b. The State shall notify Contractor in writing of the Breach and the amounts to be withheld as liquidated damages. E.2l.c. liquidated damages shall be assessed in conformance with Section EA. E.21.d. The parties agree that due to the complicated nature of the Contractor's obligations under this Contract it would be difficult to specifically designate a monetary amount for a Breach by Contractor designated in Appendix E as said amounts are likely to be uncertain and not easily proven. Contractor hereby represents and covenants that it has carefully reviewed the liqUidated damages contained in AppendiX E and agrees that said amounts are the liqUidated damages resulting from negotiation between the parties, represent a reasonable relationship between the amount and what might reasonably be expected in the event of Breach, and are a reasonable estimate of the damages that would occur from a Breach. E.21.e.1t is hereby agreed between the parties that the liquidated damages represent solely the damages and injuries sustained by the State in losing the benefit of the bargain with Contractor and do not include: E.21.e.l) any injUry or damage sustained by a third party and Contractor agrees that the liqUidated damage amount is in addition to any amounts Contractor may owe the State pursuant to the indemnity provision contained in section E.13 or otherwise; and E.21.e.2) any damage sustained to the Facility or property located therein as a result of Contractor's Breach. E.2l.f. The State may continue to withhold the liqUidated damages or a portion thereof until the Contractor cures the Breach, the State exercises its option to declare a Partial Default, or the State terminates the Contract. E.21.g. The State is not obligated to assess liquidated damages before availing itself of any other remedy. E.21.h. The State may choose to discontinue liquidated damages and avail itself of any other remedy available under this Contract or at law or equity; proVided, however, Contractor shall receive a credit for said liquidated damages preViously withheld except in the event of a Partial Default. E.22. Termination for Convenience. E.22.a. Beginning one Year after the Service Commencement Date, the State may terminate this Contract without cause for any reason. said termination shall 53 not be deemed a breach of Contract by the State. The State shall give the Contractor ninety (90) days written notice prior to termination of this Contract. E.22.b. Contractor shall be entitled to receive compensation for satisfactory authorized service completed as of the termination date, but in no event shall the State be liable to the Contractor for compensation for the Contractor for compensation for any service which has not been rendered. E.22.c. Upon such termination, the Contractor shall have no right to any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount, except that the State shall pay for all supplies and equipment on order and not yet delivered to the Facility as of the date of termination. E.23. Notwithstanding any other provision of this Contract to the contrary, nothing contained herein shall be interpreted to authorize, allow or imply authority of the Contractor to do the following: E.23.a.develop or implement procedures for calculating Inmate release and parole eligibility dates; E.23.b. develop and implement procedures for calculating and awarding sentence credits; E.23.c. approve Inmates for furlough and work release; E.23.d. approve the type of work an Inmate may perform, and the wages or sentence credits which may be given to Inmates engaged in such work; and E.23.e. grant, deny or revoke sentence credits; place an Inmate under less restrictive custody or more restrictive custody; or take any disciplinary actions; provided, however, that this Section shall not prevent Contractor from making recommendations to the State with respect to any of the above in conformance with Departmental policy. The Commissioner shall determine whether any action or proposed action violates the provisions of this Section. E.24. Contractor's Representations and Warranties. E.24.a. Representations of Contractor. Contractor represents and warrants to and for the benefit of State, with the intent that State will rely thereon for purposes of entering into this Contract, as follows: The Contractor's Proposal, incorporated herein by reference, contains no material misrepresentations by the Contractor. This Contract contains no factual changes from the Proposal submitted by the Contractor. E.24.b. Organjzatjon and Qualification. Contractor has been duly incorporated and is validly existing as a corporation in good standing under the laws of the State of Tennessee with power and authority to own its properties and conduct its 54 business as presently conducted. Contractor is duly qualified to do business as a foreign corporation in good standing in Tennessee and shall so remain during the term of this Contract. E.24.c. Authorization. This Contract has been duly authorized, executed, and delivered by Contractor and, assuming due execution by the appropriate State officials as indicated on the signature page of this Contract and delivery by State, constitutes a legal, valid, and binding agreement enforceable against Contractor in accordance with its terms. E.24.d. No Violation of Contract. Articles of Incorporation or Bylaws. The consummation of the transactions contemplated by this Contract and its fulfillment of the terms hereof will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under any indenture, mortgage, deed of trust, lease, loan agreement, license, security agreement, Contract, govemmentallicense or permit, or other agreement or instrument to which Contractor is a party or by which its properties are bound, or any order, rule, or regulation of any court or any regulatory body, administrative agency, or their govemmental body applicable to Contractor or any of its properties, except any such conflict, breach, or default which would not materially and adversely affect Contractor's ability to perform its obligations under this Contract, and will not conflict With, or result in a breach of any of the terms and provisions of, or constitute a default under, the Articles of Incorporation (or other corresponding charter document) or Bylaws of Contractor. E.24.e.No Defaults under Agreements. Contractor is not in default, nor is there any event in existence which, with notice or the passage of time or both, would constitute a default by Contractor, under any indenture, mortgage, deed of trust, lease, loan agreement, license, security agreement, Contract, govemmental license or permit, or other agreement or instrument to which it is a party or by which any of its properties are bound and which default would materially and adversely affect Contractor's ability to perform its obligations under this Contract. E.24.f. Compliance with Laws. Contractor, its officers and directors purporting to act on behalf of Contractor or such officers and directors have been conducting business in compliance with all applicable laws, rules, and regulations of the jurisdictions in which Contractor is conducting business including all safety laws and laws with respect to worker's compensation, discrimination in hiring, promotion or pay of employees. Contractor warrants that Contractor, and its current and former officers and directors have: E.24.f.l) no convictions regarding criminal activity; E.24.f.2) no pending charges regarding criminal activity, or E.24.f.3) to their knowledge, no investigations on-going by any state, local or federal authorities regarding any possible criminal activity, 55 except as provided in writing. E.24.g. No Litigation. There is not now pending or, to the knowledge of Contractor, threatened, any action, suit, or proceeding to which Contractor is or may be a party, before or by any court or governmental agency or body, which might result in any material adverse change in Contractor's ability to perform its obligations under this Contract, or any such action, suit, or proceeding related to environmental or civil rights matters; and no labor disturbance by the employees of Contractor exists or is imminent which might materially and adversely affect Contractor's ability to perform its obligations under this Contract. E.24.h. Financial Statements. Contractor has delivered to State copies of financial statements prOVided in its Proposal. Contractor represents such financial statements fairly present the financial position of Contractor at the dates shown and the results of the operations for the periods covered, and have been prepared in conformity with generally accepted accounting principles applied on a consistent basis, except as discussed in the notes to the financial statements. E.24.i. No Adverse Change. Since the date of Contractor's financial statements described in Section E.24.h prOVided to State, there has not been any material adverse change in Contractor's business or condition, nor has there been any change in the assets or liabilities or financial condition of Contractor from that reflected in such financial statements which is material to Contractor's ability to perform itS obligations under this Contract. E.24.j. Disclosure. There is no material fact which materially and adversely affects or in the future will (so far as Contractor can now reasonably foresee) materially and adversely affect Contractor's ability to perform its obligations under this Contract which has not been accurately set forth in this Contract or otherwise accurately disclosed in writing to State by Contractor prior to the date hereof. E.24.k. Opinion of Contractor's Counsel Contractor shall furnish to State an opinion of counsel in connection with this Contract dated as of the date of the Contract. Such opinion shall address the Contractor's compliance with applicable law, affirm its authority to enter into this Contract, indicate that the Contractor is not currently in litigation or have notice of litigation that could cause the Contractor not to perform the terms of this Contract, affirm the enforceability of this Contract in accordance with its terms, and affirm that the financial statements provided by the Contractor were prepared in accordance with generally accepted accounting principles. E.25. Audits. Contractor shall maintain documentation of all charges against the State under this Contract. The books, records, and documents of the Contractor, insofar as they relate to work performed or money received under the Contract, shall be maintained for a period of three (3) full years from the date of the final payment, and shall be subject to audit at any reasonable time and upon 56 reasonable notice, by the State or the Comptroller of the Treasury or their duly appointed representatives. These records shall be maintained in accordance with generally accepted accounting principles. E.26. Binding Nature. This Contract shall not be binding until the State has received a Payment and Performance Bond as required by the RFP and evidence of insurance required by the RFP and it is approved as provided in Section D.1. E.27. Invalidjty and severability. E.27.a. In the event that any provision of this Contract shall be held to be unlawful, invalid or unenforceable, all parties agree that all other terms and conditions of the Contract shall remain in full force and effect except as specifically provided in this section. E.27.b. With the exception of the provisions contained in section EA, in the event any or all provisions of this Contract are found to be unlawful, invalid or unenforceable by a commission or court of competent jurisdiction, both parties agree that neither shall be in Breach of Contract or liable in any manner to the other for damages, costs, or expenses of any nature which the other might sustain due to said finding; provided, however, in the event said finding reduces the services rendered by Contractor, the State may reduce the Per Diem Rate paid Contractor pursuant to Section C.U, and said finding shall not constitute a Breach. E.27.c. In the event a court of competent jurisdiction finds a provision(s) of this Contract to be unenforceable the Commissioner may terminate this Contract upon thirty (30) days notice without penalty or liability to the State. E.28. Terminology and Definitions. All personal pronouns used in this Contract, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural and the plural shall include the singular. E.29. Change in Owners. Contractor shall notify the State in writing of any change of ownership of the Contractor, through sale or merger, which occurs during the term of the Contract. Contractor shall inform the State fully of the financial ability of the new ownership to fully comply with the terms and conditions of the Contract. The State reserves the right to terminate the Contract in the event of a change in ownership without penalty to the State or to consider the failure to comply with the notification or financial reporting provisions as a Breach by the Contractor. E.30. Duration of Services. Contractor agrees that the services and programs set forth in this Contract will be maintained for the duration of the Contract period. E.3!. Approval of Bond Coynsel E.31.a. Because construction of the Facility was funded through the issuance of tax exempt, general obligations debt, the use and management of the Facility by the Contractor and any and all subcontractors in subject to and constrained by 57 the Federal Tax laws and regulations governing tax exempt financing. Therefore, this Contract is subject to review by the State's bond counsel before approval. E.31.b. In addition, any use of the Facility by Contractor and all subcontractors, including, but not limited to, the conduct of an industries program pursuant to Section A.4.bb of the Contract, which results in any payment to the State, either directly or indirectly, is subject to review by the State's bond counsel before approval. E.32. Release. Contractor, upon final payment of the amount due under this Contract, releases the State, its officers and employees, from all liabilities, claims and obligations whatsoever arising from or under this Contract. Contractor agrees not to purport to bind the State to any obligation not expressly assumed herein by the State. E,33. Subcontracting and Assignment. E.33.a.The Contractor shall provide that all subcontractors are notified in writing prior to the execution of the subcontract that the Facility is being funded through the issuance of tax exempt, general obligation debt and that the use and management of the Facility by the Contractor and any and all subcontractors is therefore subject to and constrained by the federal tax laws and regulations governing tax exempted financing. The State may consult with its Bond Counsel to determine whether any assignment or subcontract complies with such laws and regulations. E.33.b. The Contractor shall provide that all subcontracts may be assignable to the State at the State's sole discretion. Any subcontract shall also provide that the State shall not be responsible for any outstanding liability to the subcontractors incurred by the Contractor and that the State may terminate such subcontracts upon giving thirty days prior written notice with or without cause. E.33.c. The Contractor shall not assign this Contract or enter into a subcontract for any of the services performed under this Contract without obtaining the prior written approval of the State. If such subcontracts are approved by the State, they shall contain, at a minimum, sections of this Contract pertaining to "Conflicts of Interest" and "Nondiscrimination" (sections 0.2. and 0.3.). Notwithstanding any use of approved subcontractors, the Contractor shall be the prime contractor and shall be responsible for all work performed. E.34. Research projects. Contractor shall not publish or disseminate any findings based on data obtained from the operation of the Contract or engage in any research projects without the prior written consent of the Department. E.35. Sovereign Immunity. The sovereign immunity of the State shall not apply to the Contractor nor any subcontractor, agent, employee, or insurer of the Contractor. 58 Neither the Contractor nor any subcontractor, agent, employee, or insurer of the Contractor may plead the defense of sovereign immunity in any action arising out of the performance of or failure to perform any responsibility or duty under this Contract. E.36. Amendments. The terms and provisions of this Contract may be waived, altered, modified, amended, supplemented or revised only by written amendment which has been executed and approved by the appropriate parties as indicated on the signature page of the Contract. Neither the Liaison(s) or any other employee or official of the State is authorized to modify, amend or waive the terms and provisions of this Contract except as provided in this Section. E.37. Waiver. No consent, waiver or excuse of any Breach of any of the terms or conditions of this Contract shall be held to be a consent, waiver, or excuse of any other or subsequent Breach; nor shall any such waiver or excuse be valid or binding unless the same shall be in writing and approved and executed by the party alleged to have granted the waiver as indicated on the signature page of the Contract. E.38. Third Party Beneficiary. Neither the Contractor nor the State intends to create rights for any third party by the Contract and no third party beneficiary rights are created hereby. Third parties shall mean all persons except the State and the Contractor, including but not limited to employees of Contractor, subcontractors of Contractor and Inmates located at the Facility. E.39. ~. EAO. Attorney Fees. The Contractor agrees that in the event either party deems it necessary to take legal action to enforce any provision of the Contract and in the event the State prevails, the Contractor shall pay all expenses of such action, including but not limited to the State's attomey fees and costs of all stages of the litigation. EA1. Approvals. Any policies, procedures or other documents contained or referenced in this Contract subject to the State's approval under the terms this Contract shall remain subject to State prior written approval whenever they are reVised, amended, replaced or supplemented. EA2. Fraud/Mjsrepresentation. If, in the course of any stage under the RFP, Proposal evaluation, Contract negotiation, Contract execution or term of the Contract, the Contractor commits fraud, misrepresentation or conspiracy to defraud the State, the State shall have the right to pursue any remedies described in Section EA and/or pursue any criminal sanctions allowed by law. The Contractor shall comply with all applicable federal, state, and local constitutions, laws, and regulations, court decisions, Court Orders, and any applicable state and federal orders in the performance of the Contract including but not limited to the provisions of T.C.A. ~1-24-101, gt seg., which may be in effect during the term of this Contract. 59 E.43. Rnancial Termination. The State may terminate the Contract without penalty to the State in the event the Contractor: E.43.a.admits in writing its inability to pay its debts; E.43.b. makes a general assignment for the benefit of creditors; E.43.c.suffers a decree or order appointing a receiver or trustee for it or substantially all of its property to be entered and, if entered without its consent, not to be stayed or discharged within 60 days; E.43.d. suffers proceedings under any law relating to bankruptcy, insolvency, or the reorganization or relief of debtors to be instituted by or against it and, if contested by Contractor, not to be dismissed or stayed within 60 days; or E.43.e.suffers any judgment, unit of attachment or execution, or any similar process to be issued or levied against a substantial part of its property which is not released, stayed, bonded, or vacated within 60 days after issue or levy. E.44. Set-Off. The State reserves the right to deduct from amounts which are or shall become due and payable to the Contractor under this or any Contract between the parties any amounts which are or shall become due and payable to the State by the Contractor. The State may withhold any amounts which may otherwise be due the Contractor without waiver of any other remedy or damages available to the State under this Contract at law or at equity. E.45. Construction. In the event of a dispute about the construction or interpretation of any provision of the Proposal, said Proposal shall be construed in favor of the State. The parties agree that should a dispute arise involVing the construction or interpretation of the RFP or this Document, said documents shall not be construed or interpreted in favor of either party. E.46. Written Notices. The necessity of written notices herein shall be strictly construed. E.47. Implied Covenants or Agreements. The State shall be bound only by the express, written terms contained herein and shall not be bound by any implied covenants or agreements. E.48. Approvals. Contractor agrees to accept and implement any revisions, alterations or supplements suggested by the State to any document, plan, policy or procedure which reqUires State approval. E.49. Notices. Failure of the State to provide any notice to Contractor described in this Contract whether or not the State had knowledge of the appropriateness of said notice shall not relieve the Contractor of its obligation to perform in accordance with the Contract and shall not be a waiver or excuse of any failure to perform. E.50. No Contingent Fees. No person or entity shall be employed or retained or given anything of monetary value on a contingent fee basis to solicit or secure this 60 Construction. In the event of a dispute about the construction or interpretation of any provision of the Proposal, said Proposal shall be construed in favor of the State. The parties agree that should a dispute arise involving the construction or interpretation of the RFP or this Document, said documents shall not be construed or interpreted in favor of either party. E.46. Written Notices. The necessity of written notices herein shall be strictly construed Implied Covenants or Agreements. The State shall be bound only by the express, written terms contained herein and shall not be bound by any implied covenants or agreements. Approvals. Contractor·agrees to accept and implement any revisions, alterations or supplements suggested by the State to any document, plan, policy or procedure which requires State approval. E.49. Notices. Failure of the State to prOVide any notice to Contractor described in this Contract whether or not the State had knowledge of the appropriateness of said notice shall not relieve the Contractor of its obligation to perform in accordance with the Contract and shall not be a waiver or excuse of any failure to perform. No Contingent Fees. No person or entity shall be employed or retained or given anything of monetary value on a contingent fee basis to solicit or secure this Contract, except bona fide employees of Contractor (including proposed subcontractors) or bona fide established commercial or professional entities retained by Contractor for the purpose of securing business. For violation of this Section, in addition to the remedies available pursuant to Section EA, the State shall have the right to deduct from any amount owed Contractor the amount of such commission, percentage, brokerage or contingent fee, and other benefit from the Contractor. IN WITNESS WHEREOF: CORRECTIONS CORPORATION OF TENNESSEE, INC. d/b/a CORRECTIONS CORPORATION OF AMERICA _.....,. ~~~::O-..~~C~·~I*\=-=..I~"'--Job6D:Fet-~uson ~ ~-=-O....;...2- __ ·-II Date P~sident and Chief Executive Officer _ DEPARTMENT OF CORRECTION: Donal~---- 2/}J ()2- __ 60 "... J( J tt6 tt..t& t. .. t6u.tVt.Q. pm.i.t.t..t.&..4 . ... .it.&XiAP. " (, G.b. iii .i.AV. .V.Vi '" • • •• .J.iJ...&@¥W.VC'Wi ..... .&...&..&.. Q..4(Q(QM APPROVED: DEPARTMENT OF FINANCE AND ADMINISTRATION: Paul G. Summers, Attorney General and Reporter Date~ 7 John G. Morgan, Comptrolle of the Treasury Date 61 Management and Operation of South Central Correctional Center list of Contract Appendices Appendix A Description of Real Property Appendix B Personal Property Listing Appendix C IDOC Policies Applicable to the Contract Appendix D General Specifications for Insurance Appendix E Liquidated Damages Schedule Appendix F Security Addendum AppendixG Performance and Cost Evaluation Form Appendix H Authorized Individuals 62 APPENDIX A The leasehold includes all structures built upon and all land contained within the boundaries described on Exhibit A attached hereto. Being property acquired by the State of Tennessee, by order of possession entered in the case of State of Tennessee v. Preston W. Carroll, et al: Circuit Court of Wayne County, Tennessee, Docket No. 2827-A-251, entered on November 9, 1989; said Order recorded in Lien Book 4, Page 696, at the Register's Office in Wayne County, Tennessee. Specifically excluded from the leasehold are: 1. The Boot Camp parcel and buildings (97.91 acres) described in the last paragraph of Exhibit A, which property was acquired by the State of Tennessee by instrument of record in Book 93, Page 123, Register's Office in Wayne County, Tennessee. 2. Sewage lagoon property conveyed by deed of record in Book 127, Page 194, Register's Office in Wayne County, Tennessee, which property is more particularly described on Exhibit B, attached hereto. 3. Building No.2, Industries Building. ~ reoRi: BAl1A231 21:54:09 TIME: .. _"-'. ... . STATE OF 1t)f£SSEE"" - .... PERSOHAL PRtFERTY I1E1S BY LOCATI[JII AUTHORIZED ASSETS ~' PAGE: 1 DATE: 08/08/01 FROI1 01/01/1960 TO 08/0812001 TAG " FL RO(J'I UNIT DESCRIPTION SERIAL It MAKE FIN SVC DT IUlEL STATE COST RETIRE 01 DEPTIDIV: 32944 LOCATION: 91015 C3555B P330Z9 P33204 P40010 P4002S P40036 P40037 P40038 P40039 P40040 P40042 P40050 P40099 P40120 P40174 P-4017S P40189 P40190 P40198 P40203 P40204 P40205 Po40206 P40207 P4020B P40209 P40210 P40211 P40212 P-40213 P40253 P40268 P40274 P40343 P-40354 P403S5 P40410 P40452 P40478 P-40480 P40483 P40484 P4048S P~0486 P404B8 P-40489 ~ 015 PRINTER, (PC) Pl9056017656 UHSE 015 DESK & TABU:. IULEFT IA:ll. MAIN 015 PAGING, RADIO &lD1ARGER, I1lL11 &IlSE 015 CALCULATCR, ELE11D0S7239 MAIN 015 CABINET. FILINGIIOE MAIV 015 SAU. STATIONARY1 MAIV 015 DRILLS, HYDRAlLl28321 MAIV 015 SAU. STATIOHARY10926 MIV 015 SHAPER & dJINTE1001639 MIV 015 SAN>ERS, BENCH 11100043 MAIV 015 CABINET-sAFETY 1YEllOU &JHSE 015 BEDS, HOSPITAL 1 MAIN 015 CUTTERlSHREDDERI1093B UHSE 015 CALClLATOR, 8.E120003661 MAIN 015 LElDER. ARC, N01D422927 MIH 015 'ELDER. ARC. H01D422928 MAIN 015 SAU, STATIOHARY192A00862 UHSE 015. CABII£T, FILIHGUOE MIN 015 flOOR tlAINTEtWll922S32 UARD 015 RADIO, 2-UAY REl221ASEOl30 V16 015 RADIO, 2-UAY REl483ASEOOO9 VI7 015 RADIO, 2-UAY REI483ASEOO14 V17 015 RADIO, 2-ilAY REl221ASE0131 Ull 015 RADIO, 2-&MY REI483ASEOO10 VII 015 RADIO, 2-uAY REl221ASE0129 V22 015 RADIO, 2-UAY REl483ASEOOll VB 015 RADIO, 2-uAY REl483ASEOOI3 VB 015 RADIO, 2-uAY REl221ASEOI32 V9 015 RADIO, 2-tJAY RE1221ASEOl33 V9 015 RADIO. 2-UAY RE1483ASEOO12 UHSE 015 TYPEURlTER, a.EI11-TRG09 UHSE 015 PRINTER, <PC) 1SX9S0011 UHSE 015 MAIL t1ETERIHG E1POSTAGE I'ETER UHSE 015 PRINTER, (PC) 11GnATJI5473 MIN 015 CABINET, FILINGI MIN 015 CABINET, FIlING11O£ LJHSE 015 DIAGNOSTIC EQUII10102712 UHSE 015 CALClUtTOR, ElEl1D056779 UHSE 015 CAI...CtJlATOO, NOH 11D057229 MAIN 015 CABINET, FILING1NOHE MAIN 015 TYPEURlTER, El..£111-TRG06 MIN 015 CABlf£T, FILINGHDE MAIN 015 CABItET, FILIHG1. MAIN 015 CALCUl.ATOR. El..El1D058S49 MAIN 015 CALCtl.ATOR, ElEl1D058589 MAIN 015 CABINET-SAFETY 11O£-I1ETAl OKlOATA TRIcm 39S DESK, SECTRAIAL 9mP NATIONAl QS2760A MOTlRJLA LWI>SAU DRILLPRESS nTl00 36 INCH 5 DRU DAYTON UILTOH 5810 DBIAlT RADIAL ARI1 10 JOllER II/STAND DAYTON DAYTON DISK TYPE STORAGE DURR WaDS SHARP DAYTtJiI DAYTON TILT ARBOR NATIONAl so-PRO rtQTmD..A MOTan..A I'tOT(R)LA MOTIRlLA tK:JTtROl.A roTIRlLA I"IOT£RO....A MOTERLA rIOTtRfl.A MOTmot..A rmumLA IBn SHARP PInEY lOES PAHASONIC NATIONAL HATIOHAl.. SPlRUtiE IER SHARP SHARP NATIONAl IBt1 P£RSM.. 2 HATIOHAl HATIOHAL SHARP SHARP F1..AI'I1ABlE STG. FlNI1ABlE 10 FT121 PQS17060A 11CH>87-906 110-087-906 10 IN 36 INCH 5 ORU DELTA KC-16D tlDBILE SPECTRA noBILE SPECTRA 08/18/99 03120192 07/10/92 02129192 02129192 02129192 02/29/92 02129192 02129/92 02/29/92 02/29/92 02/29/92 02129/92 02/29192 02/29/92. 02/29/92 02129/92 02/29/92 02129/92 02129192 02/29/92 02129192 MOBILE -vEHIa...E 02/29/92 mBILE -\lEHIClE 02/29/92 t1OBILE-'JEHIa.E 02129/92 MOBILE-vEHIClE MOBlLE-\lEHIClE I'IOBILE-YEHIa.£ nDBILE-VBIIa.E I1OBILE-VBfIa.E 02129192 02/29/92 02n9192 02129192 lASER 02/29/92 PERSOHAL II 60001 1OCP1624 36 IIDf 5 DRU SPIRIl.IlE 201 1D 36 INCH 5 DRY UI£El...URlTER 36 INCH SDRU. 36 II«:H 8..ECTRIC ElECTRIC A245 02129/92 02lC!1/92 36 It«:H 5 DR&I ZS2760A 02129192 02129192 02129/92 O~/92 02129/92 02129192 02/'29/92 02129192 02129/92 02ri!!1192 5 ORII 02lC!1/92 02/29/92 02l'i!!1/92 02/29/92 949.63 Sl9.95 573.75 115.45 538.21 773.31 1.439.33 588.58 1,238.38 en. 93 557.70 560.30 4,430.90 121.54 561.66 561.66 1,779.32 538.21 705.76 1,481. 86 2,363.95 2.363.95 1,481.86 2,363.95 1,481.86 2,363.95 2.363.95 1,481.86 1,481.86 2,363.95 50S. as 746.99 590. 74 398.60 538.21 538.21 2,686.61 121.54 121.54 538.21 508. '37 538.21 538.21 121.54 121.54 557. 70 )I! ~ ~ ft) :J C&. )C" gil REPORT. BAtlA231 TInE: TAG.. Fl RO(Jf PAGE: STATE OF T91£SSEE PRf:FERTY ITEI1S BY lOCATI(JI AUllDUZED ASSETS FROrt 01/01/1960 TO 08/0812001 21:54:09 lItIT FIN DESCRIPTION SERIAl It sue DT STATE COST RETIRE DT DEPTION: 32944 LOCATI(Jf: 91015 P40490 MAIN 015 P40491 MIN 015 P40492 MAIN 015 P40493 I'IAIN 015 P40494 MIN 015 P40495 MAIN 015 P40496 MAIN 015 P40497 MAIN 015 P40498 MAIH 015 P40500 MIN 015 P-'1OS11 UHSE 015 P40515 WtSE 015 P40S19 IItSE 015 P405'30 &liSE 015 P40539 MAIN 015 P40540 MAIN 015 P40541 MAIN 015 P40542 MIN 015 P40543 MIN 015 P40544 MAIN 015 ... LOCATION: FLArI1ABlE SlG. FI..AI11ABlE STG. CABII£T-SAFETY lto£-nETAL CABINET-sAFETY 11OE-ftETAL SEUER PIPE a.£AIVBV-39773 SAU, STATlIllARYI0927 SAU, STATIOHARY19109 DRIU.S, HYDRAULl29485 'S.DER, Me, YlI9791-A1197826 PlI'P, TRASH 131712 GEl£RATMS, PORI1110166 corF'RESSOR, AIR 1081491L 480160 CAI'IERA. toilE 1 REFUSE aJfTADEllOE,Fm FOOO SVS GYlWSIlIt APPMl ICE MKIHG & OI1U3170122.2U TRACllR, FARtt, lLV520000220465 ~, T'tIIED T1t£RBERT LBlIS TRAC SCOOTER, TRUCKSTl2698 SCOOTER, TROCKSTI28S9 TILl.A(E EQUIPl'El PtJP, SEUAGE J U:C-I5455 91015 14 1,446,390 66 LOCATION: 91016 P33040 TRIC 016 I'ETAl FINlERS &121909 P33041 VDC 016 I'ETAL FItI)ERS 1121910 P40109 we 016 SEUIHG I1ACHII£,100lGL76132 P40110 VOC 015 SEUltG tlACHII£,IDDLGL76114 P40111 UOC 016 SEUIN; rtADU~, lDOLGL76151 P40112 VOl: 016 5URGER, SEUIHG IOf6-500 we 016 CABINET, FILIHGIIO£ P40168 P40473 VOC 016 CABItETJ FIlllfJ1JOE P40527 UOC 016 CABINET, FIlIIt;UOE *** lOCATIOH: 91016 23 197,235 Loc.ATIOH: 91017 J02639 KITe 017 SHAI1POO & BUFFIIP86B92A J02642 KITe 017 SHAI'IPOO a BtFFIIP86622A P40107 P40166 P40171 KIn: 017 CAl..ClI.A~ a.El1D058SS9 lALtI 017 CABIJ£T, FILIl«iltO£ LAttI 017 CABIHET, FILIllillO£ RIGID DEUALT DAYTON DRILL PRESS LIHaLH TEa DAY1lI'4 M~ DYCM RUBBERnAIOI025 so:c£R TABlE ICE 0 I'IATIC ~ DEERE 5UEEPER BROO'1 ntf DEERE ..KMI DEERE DISK-fORTRACTOR DRAIN a.EAN RADIAL ARM BAlI) UILTOH 5810 G8000 3ZC13 COlRCAI'I TROCK S200 PtLL IEHItI> GAT(RJUTILITY GAllRIUTIlITY 5-7 FOOT-tETAL DRAIN ClEAJER 02129/92 02129/92 02l2!1192 ..u<I ~I ~I SlRGER JUKI NATIONAL HATIOHAL FILE CAB sss SHARf' NATIONAl NATIONAl 588.59 773.31 1,439.34 02l'2!1192 810.97 02n!1192 02J2!11'12. 02/2!1192 04/05194 12/22/93 01/10194 2,~70.02 695.66 1,039. 74 1.455.24 TT7.Sl 525.00 11/18/93 1,944.81 14,250.00 10/11/93 4,200.00 02118194 12117/93 10/11/93 12/14/93 11/05193 2.295.00 4.200.00 849.00 1,173.00 90.416.69 DDU.-5530 02129/92 02/29192 02./29/92 DDLL.-5530 02129192 42 ItDf 5 DRU 02/2!1/92 02129/'12 02l291V2 DDLL-5530 SEUIHG SYSTEJ1 36 INCH 5 DRU 1'IETtt.-DRAUER 02/29/92 01127194 3.926. so 3,926.50 156.12 756.12 756.12 1,673.10 592.09 538.21 966.27 13,191.03 ASSETS sss 5S7. 70 557. 70 1.654.90 02/'Z'11'12. 02129192 02/29/92 ASSETS SENTRIE SBfTRIE 9 A245 A245 TILT 17 IIOf 17 INCH QS2760A 36 DI:H 5 DRLI 36 INCH 5 DRY 2 DATE: 08/OB/Ol PERS(J4AL 07/01196 07/01196 705. 76 70s. 76 02129192 538.21 538.21 02/29/92 02129/92 121.54 STATE OF REPORT BAllA231 21:54:09 TIME: TAG.. fl R(D1 TDtESSEE . PAGE: 4 DATE: 08/08/01 PERSOHAL flIDlEMY lTEJ1S BY UCATIOt AUTlIORIZED ASSETS FRm 0110111960 TO 08108/2001 lIIIT DESCRIPTIlJf SERIAl... MAKE rIlDEl... FIN SVC DT STATE COST DEPTIDIV: 32'944 LOCATION: 91018 P33073 P33074 P33075 P33076 P33077 P3307B P33079 P33080 P33001 P33082 P33OO3 P33084 P33085 P33086 P33087 P33OO8 P33089 P33090 P33091 P33092 P33093 P33094 P33095 P33096 P33097 P33098 P33099 P33100 P33101 P33102 P33103 P33104 P33105 P33106 P33107 P33108 P33109 P33110 P331ll P33112 CQfT COHT COHT COHT (DIT C(JfT COHT COKT COHT corr corr 018 018 018 018 018 019 018 018 018 018 018 COKT 018 C(JfT 019 CONT COHT corr corr COKT COHT C(JfT CONT COHT COHT COHT CQfT CONT CONT COKT CONT COHT CONT CONT COHT 018 018 018 018 018 018 018 018 018 018 018 018 018 018 018 018 018 018 018 018 C(JfT CONT CONT COHT o::trr 018 018 018 018 CONT CONT 018 018 P33113 aJIT 01B P33114 P33115 P33116 P33117 P33118 CONT CQfT COHT CONT CQfT 018 018 018 01B 018 RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO, RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO, RADIO. RADIO. RADIO, RADIO. RADIO. RADIO. RADIO, RADIO. RADIO. RADIO. RADIO, RADIO, RADIO. RADIO, RADIO, RADIO, RADIO. RADIO, RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. RADIO. 2-uAY 2-UAY 2-uAY 2-uAY 2-uAY 2-uAY 2-uAY 2-uAY 2-ilAY 2-uAY 2-ilAY 2-uAY 2-uAY 2-uAY 2-uAY 2-ilAY 2-uAY 2-UAY 2-uAY 2-UAY 2-uAY 2-uAY 2-UAY 2-ilAY 2-UAY 2-UAY 2-uAY 2-uAY 2-uAY 2-UAY 2-uAY 2-UAY 2-uAY 2-uAY 2-uAY 2-uAY 2-uAY 2-UAY 2-ilAY 2-UAY 2-uAY 2-uAY 2-uAY 2-UAY 2-UAY 2-uAY POl751ASL0783 POl751ASL0778 POl751ASlO7BO POl751ASlO770 POl751ATG1006 POl751ASL0796 POl751ASlO797 POl751ASL0766 POl751ASl0749 POI751ASL0745 POl751ASL0749 POl751ASL0759 POl751ASL0746 POI751ASl.0776 POl751ASL0743 POl751ASLO'7S3 POl751ASL0747 POI751ASL07S8 POl751AS1...07S7 POl751ASl..0805 POl751ASl..07S6 POl751ASl..07SS POl751ASl0742 POl751ASl..0750 POl751ASL07S4 POl751ASL0760 POl75lASL0744 POl751ASl0741 POI751ASL0904 POI751ASl..0811 POl751ASL07B8 POI751A5L0791 POl751ASL0790 POl751ASL0794 POl751ASL07S2 POl751ASlO751 POl751ASlO79S POl751ASl..0792 POl751ASl..0809 POl751ASl.0789 POl751ASL0793 POI751ASlO7B7 POI751ASl..0798 POl751ASL0862 POl751ASlO8SB POl751ASL0824 r'IlTDROLA rlOTOR€l..A flJTORtI.It flJTllRtI..A I1JTORQLA ml(R)lA r'IlTOROLA mTDROlA m1'OROCJ\ tIlTOROlA 1'IlT0R0lA r'IlTDRll..A r'Il~ fIJ'TIJD.A flJn::eLA MOTOROLA flJTOROlA rlJT(Rl.A flJT1J9.A 1'DlQR(l.A fIlTORll..A nDTOROI.A fIlTmOLA tmOROtA fIlT'OR(l..A fIlTORa.A rl)1"QR(J.A I'1OfOR(LA fIlJ'OR(LA 1'IlTOROC.A IIJTOROlA tm(Rl.A rmoROl.A tIJTORtI.A rIlTORtl.lt MOTOROLA I'IJTOR(lA tmORm.A flJT(Rl.A fIlllRlJ\ MOTQR(l.A rIRIQ..A fIlTORO..A mrtMn.A noTOROLA tl)TORll.A nr 1000 nr 1000 nr 1000 MY 1000 nr 1000 nr 1000 nr 1000 MY 1000 rtf 1000 MY 1000 MY 1000 1000 1000 MY 1000 MY 1000 MY 1000 MT 1000 MY 1000 MY 1000 MY 1000 MY 1000 MT 1000 1000 1000 1000 1000 nT 1000 nT 1000 1000 MT 1000 MY 1000 1000 nT 1000 1000 1000 nT 1000 1fT 1000 nT 1000 nT 1000 1000 nr 1000 MT 1000 1000 rtT 1000 1000 nr nr nr nr nr nr nr nr nr nr nr nr nr nr 1000 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10192 07/10/92 07/10192 07/10/92 07/10/92 07/10/92 07/10192 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10192 07/10/92 07110/92 07/10/92 07/10/92 07/10/92 07/101'12 07/10/92 07/10/92 07110/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10192 07/10/92 07/10/92 07/10m 07/10/92 07/10m 746.76 746. 76 746. 76 746.76 746.76 746.76 746.76 746. 76 746. 76 746. 76 746.76 746.76 746.76 746.76 746. 76 746. 76 746. 76 746. 76 746.76 746.76 746. 76 746. 76 746.76 746.76 746.76 746.76 746.76 746. 76 746. 76 746. 76 746.76 746.76 746.76 746.76 746. 76 746. 76 746.76 746.76 746. 76 746. 76 746. 76 746.76 746. 76 746. 76 746.76 746. 76 RETIRE DT STATE [F. IDIESSEE' REP1JU: BAI1A231 21:54:09 TIME: TAG tt Fl ROm ..- PAGE DATE PERSOHAl fR(FERlY ITEMS BY Lo:ATIOH At.JTHMlZED ASSETS FROrI 01/01/1960 TO 08108/2001 UNIT DESCRIPTI(J"I DIAL It MAKE FIN SVC DT MODEL STATE COST RETIRE DT DEPTIDIV: 32944 LOCATION: 91018 CONT 018 P33119 COHT 018 P33120 COHT 018 P33121 CONT 01B P33122 CONT 01B P33123 P33124 COHT 018 P33125 COHT 018 P33126 CO« 018 COHT 018 P33127 P33128 CONT 018 CDIT 018 P33130 P33131 COHT 018 CONT 018 P33132 P33133 aJfT 018 P33134 CONT 018 P33135 COHT 018 P33136 cttIT 018 CONT 018 P33137 P33138 alHT 018 (Dff 018 P33139 P33141 CONT 018 COHT 018 P33142 P33143 aM" 018 P33144 CONT 018 P33145 cmrr 018 P33146 COHT 018 P33147 CONT 018 P33148 CONT 018 P33149 CONT 018 CONT 018 P331SO CONT 018 P33151 P33152 CONT 018 P33153 P33154 P33155 P33156 P33157 P33158 COfT 018 COHT 018 CONY 018 CONT 018 cmrr P33163 P33164 COHT 018 COHT 018 P33177 P331BO P33188 RADIO, 2-UAY POl751ASl.0S21 RADIO, 2-uAY POl7S1ASL08S9 RADIO, 2-UAY POl751ASl082S RADIO, 2-uAY RADIO, 2-UAY RADIO, 2-vAY RADIO, 2-UAY RADIO, 2-UAY RADIO, 2-uAY RADIO. 2-WtY RADIO, 2-uAY RADIO. 2-uAY RADIO, 2-UAY RADIO. 2-uAY RADIO, 2-uAY RADIO, 2-uAY RADIO, 2-uAY POl751ASl0B29 POl751ASL0B41 POl751ASL086O POl751AS1..0816 POI751ASL0839 RADIO, 2-UAY RADIO, 2-UAY POl751ASL0826 POl751ASL08S2 POl751ASl.0827 POl751ASL083O POl751ASL0837 POl751ASL0EM2 POl751ASl0844 POl751ASL0822 POI751ASL0B36 POl7S1A5L0813 POl7S1ASl.0848 POl7S1ASL0B45 POl751ASL0851 POI751ASlOB19 POl751ASL0817 POl751ASL0BS5 POl751ASl0B34 POl7S1ASL0835 POl751ASL0833 POl751AS1..086 POl751ASL0815 POl7S1A5L0819 RADIO, 2-UAY RADIO, 2-uAY RADIO. 2-uAY RADIO, 2-W-Y POl75lASl08S4 POl751ASL0839 POl751ASlO82B POl751ASl.0831 RADIO, 2-UAY RADIO. 2-UAY RADIO, 2-uAY RADIO, 2-UAY RADIO. 2-tMY RADIO, 2-UAY RADIO, 2-uAY RADIO, 2-uAY RADIO, 2-uAY RADIO, 2-UAY RADIO, 2-uAY RADIO, 2-UAY POl751ASL0814 RAOIO~ 2-uAY POl751ASL08S7 COHT 018 COHT 018 RADIO, 2-UAY POl7S1ASLOBSO P33159 P33160 P33162 RADIO, 2-uAY POl751ASL0861 018 RADIO, 2-UAY POl751ASl0832 aJHT 018 RADIO, 2-UAY POl751A5L0BS3 CONT 018 RADIO, 2-uAY PDl751ASL084O RADIO, 2-WaY POI751ASL0B43 RADIO. 2-uAY POl7S1ASl0846 IPS 019 FlRtI1lI£. UDUtDE VIST 018 018 (p5 FlRUTmE. UUlllOE DESK & TAIl...E, Ula FT OAK tDTOROlA rtf 1000 07/10/92- tlJTOROlA nT 1000 nT 1000 tfT 1000 07/10/92 07/10/92 07/10192 07/10/92 rrm:JR(1A rrm:JR(1A rl)llJR(l.A I'IJTOROlA tIlTOROlA tlJTOR(1A J'IOTOROlA tlJTOROLA tDTOROlA I'IJTORtLA rIlTOROlA nlTOROlA MOTOROLA rmlRllA J'IlTDTROl.A rrm:JR(1A rlJ1lJ9.A IIJTtRJlA rIlT(R(JlA m1lJ9.A tmmD.A tlJTfRl.A 1'IJ1lJ9.A rmoRm..A tlJTllR(l.A 11l10RUlA 1'IJTmD.A rlJT(RLA tlJ1CRl1A I'IJTOROlA IIJ1lJ9.A rlJ1lJ9.A tIl1lJ9.A tlJ1lJ9.A 1IJ1lJ9.A 1'IJ1lJ9.A tIlltld1.A rIlTIRl.A tlJTORtl.A mTDROLA 11D11RlLA TRIalR TRIcm lRlCOR nT 1000 I1T 1000 1fT 1000 nr 1000 nr 1000 tfT 1000 rrr 1000 nr 1000 rrr 1000 m 1000 nr 1000 1000 nr 1000 1fT 1000 rrr 1000 MY 1000 rrr 1000 r1T 1000 nr 1000 nr 1000 nT 1000 nT 1000 tIT 1000 nr 1000 nr 1000 tIT 1000 tIT 1000 t1T 1000 rrr nT 1000 nT r1T nT nT nr nr 1000 1000 1000 1000 1000 1000 nT 1000 nT 1000 tfT 1000 nT 1000 S(FA &FA C()F. TAIl.E 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10192 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 01110/92 01110192 07/10/92 07/10/92 07/10/92 01110192 07/10192 07/10/92 07/101'12 07/10/92 07/10/92 07/10/92 07/10/92 07/101'12 07/10/92 07/10/92 04/06/92 04/06/92 02119192 S 08/08/01 746. 76 746. 76 746. 76 746. 76 746. 76 746.76 746.76 746.76 746. 76 746. 76 746.76 746. 76 746. 76 746. 76 746. 76 746.76 746.76 746. 76 746. 76 746.76 746.76 746.76 746.76 746.76 746.76 746.76 746.76 746.76 746.76 746.76 746. 76 746. 76 7-46. 76 746. 76 746. 76 746. 76 746.76 746.76 746.76 746.76 746. 76 746. 76 746. 76 934.7S 934.7S 714. 75 REPORT BAllA231 21:54:09 TIME: STATE of TEif£SSEE PAlE: 6 DATE: 08/08/01 PERSOHAl PfUlERTY ITEJ'IS BY LOCATION AUTIOUZED ASSETS FROI1 01/01/1960 TO 08108/2001 TAG It R. ROO1 tltIT DESCRIPTION DIAL It t1AKE tmEl FIN SVC DT STATE COST DEPT101"': 32944 LOCATION: 91018 PR(p 018 P33195 C(JfT 018 P33196 (BIT 018 P33197 (pS P33198 018 (FS P33199 018 P33214 COHT 018 CPS 018 P40001 P40167 PROP 018 P401BS PROP 01B P40199 PROP 018 P40215 P40286 P40290 P40412 P40414 P40453 (pS OPS COKT OPS (FS 018 018 018 PAGING, RADIO &lD1ARGER, IU.TIL rlJTmnA COtUIICATIOH RADIO, ~y RE1BASE TYPEURITER, a.El1B02689X CABINET, FILIHGUO£ ~ NATItIW.. NATIONAl NATIONAL BASE STATICI.. CABINET, FILIlI;ll0£ CABINET, FILINGltD£ I'ED tED rED SCOTT COl FRESSOR. AIR lAIR PAa< CABIHET, FILIHG110E HATImIAL SCOTT AIR PACK HATICI4AL SW* AIR PACK, SAFEr1 91018 30 3, 024, 210 PRIHTER, (PC) PI905AI030311 DE9( .I TABlE, UUDE FURHllURE. UUUIOE PAGIHG, RttDIO &lawmER, til.TI BEDS. tIlSPITAL 1 BEDS, flJSPITAL 1 ORTHOPEDIC EOUI1HUI0ICI1853 BEDS, HOSPITAl 1 CABINET, FILItlUtoE CABINET. nLIHGIIO£ PRINTER, (PC) I1GMTSl8091 AIR PACK, SAFETI CABINET, FILltEitOE TABLE, EXMIHATI TABlE, EXMlHATl TA8l.E. EXMINATl TAILE, EXMINATI SfW1POO I BUFFII21280045 CALClLATOR, El...El1D0S7249 TYPEUUTER, ElEl802691X CABINET, FIlIHGUD£ 019 CABINET, FILINGUDE 019 019 CABIt£T, FIlINGltOIE CABINET. FILINGIIOCE G ASSTRO LINESCAN J'l)Tmn.A I'IJ'TmDlA rOTCROLA 018 CABINET, FIlIMG110E 018 CAlClLATDR. ElE11D056789 LOCATION: 91019 J445fTl nED 019 P33031 I'ED 019 P33178 tED 019 P33203 rED 019 P40048 rED 019 P40049 rED 019 P40053 I1ED 019 P40114 rED 019 P40287 rED 019 P40288 MED 019 P40297 t£D 019 P40387 rED 019 P40390 r£D 019 P40391 nED 019 P40m rED 019 P40393 nED 019 P40394 rED 019 P40397 rID 019 P40398 019 tED P40399 nED 019 P40400 rED 019 P40402 P40403 EGAN) aJNT 018 RADIO, 2;MY RE1428ASL3776 ... LOCATIOH: P40401 X-RAY MCHINE, 150925 PAGING. RADIO 11DW&R.1U.TI PAGING, RADIO &1DW&R. rlLlI PAGIttJ, RADID &lQMGER, ru.TI 138 07/10192 21,450.00 573.75 573.75 573.75 09/15/92 85,283. B4 02/29/92 36 INCH 5 DRU 02129/92 42 ItDi 5 DRU 02l2!1192 nAX TRAC noBILE 0212.9192 lITRtLIlE 2 02129192 36 INCH 5 DRU 02129192 lLTRAlITE IlL 02n!1192 36 INCH 5 ORV 02129192 ZS2760A 02129/92 592.09 592.09 592.09 ttTl00 07/10/92 07/10192 nTl00 07/10/92 rfTl00 07/10/92 nTl00 SYSTEI1 ZX-405A 02/29/92 42 INCH 5 DRU ASSETS OKIDATA TRIaR TRI~ rIlTmQtA ~ IUR HYFRECATOR lle£Y HATIOHAl.. HATlaw.. PAHASOHIC SCOTT NATIONAL RITTER RITTER 573.75 527.67 944.53 1,381. 38 538.21 1,381.38 538.21 121.54 210.391.82 520 08/10/99 8 FT-eoNF TABlE 03120192 5(FA nTl00 04106/92 07/10192 0212'9192 02/29/92 0lRR 02129/92 FERHO 36 It'Di 5 DRU 36 INCH 5 DRU 02129192 lJTIW.ITE 2 36 INCH 5 DRU 104 104 02129192 02/29/92 02/29/92 02l29/f12 02129192 02l2!1192 02l2!1192 02129192 02129192 RITTER 104 104 RInER BlFf'ERIBlRfISH nINIT'EMH 1500 02/29/92 QS2760A SHARP 02/29/92 SHARP ZX-4OSA 02129192 HATIfJIAL 36 INCH 5 om.I 02129/92 HATIIIfAL 02129192 36 IIOt 5 DIN HATIOHAI... 36 It«:H 5 DRU 02129/92 HATIow. 36 It«:H 5 DRU 02129192 336.02 714. 75 934.75 573.75 560.30 560.30 614.18 1,416. 77 538.21 538.21 398.60 1.381.38 538.21 727.32 727.32 727.32 727.32 793.04 121.54 527.67 538.21 538.21 538.21 538.21 RETIRE DT stATE tF l'E.1KSSEE REPORT: BAI1A231 TIME: 21:54: 09 TAG" Fl. ROOM PAl£ PERSONAl. PfU'ERTY lTEnS BY LOCATI(JlI AtmfORIZED ASSETS FR01 01/01/1960 TO 08/08/2001 OESCRIPTIIJI tJIIIT MAKE SERIAL It MODEl FIN SVC DT STATE COST DEPTIOt'J: 32944 LOCATION: 91019 P40404 nED 019 P40405 tED 019 P40406 nED 019 P40407 nED 019 P40408 nED 019 P40409 tED 019 P4052S nED 019 *** LOCATION: CABINET, FILItsllO£ CABDET, FILItEIID£ VAlIDATItE I1ACHI DENTAl ltIIT &CI011135891 DENTAL lIHIT & CI011136291 DEHTAl UHIT & Cl011136691 CABINET. FILIt«iltO£ 91019 lOCATION: 91021 21 679,36S J44423 EDtJ: 021 J44581 J44591 J44598 P33017 P33172 fROG 021 PRINTER. (PC) PI905AI030357 PRINTER, (PC) PI905AI030345 J44475 P33184 P33186 P33189 P33191 P33192 P40017 P40018 P40019 P40020 P'1OO24 P4002B P40030 P40031 P40032 P40104 P40115 P40116 P40122 P40128 P40130 P40133 P4013S P40165 P40173 P40187 P40265 PROG 021 PROG 021 EDtI: 021 LIBR 021 EIXJ: 021 EDU: 021 EDlC 021 moo 021 LIBR 021 £DOC 021 EDl£ EDt£ EDl£ EDl£ EDlI: 021 EDOC LIBR UBR PROO 021 021 021 021 021 EDOC 021 021 021 PRINTER. (PC) PI905AI0303271 PRINTER. (PC) PI905AI030312 NATICIW.. NATIC»IAl VAUtDIOTOR CHAIR. ~THaJ 36 INCH 5 DRU 36 IHDi 5 DRU PlUS FILE CAB tErM.-DRAUER CE1..£BRITY OfAIR, 1£Al...1HCO CE1..£BRITY DiAIR, 1£ItL.1HCO CELEBRITY 31 PRINTER, (PC) PI905AI030310 DESK & TABLE, WIIO£(aIFEREHCE) RRfI~, LotI41tD£ DESK & TABLE. "1lH'T L (H-SIN) DESK & TABLE, "1L£FT L (N-SIH) DESK & TAll..£, Ull.EFT l (H-SIH) DESK & TABLE, Ut8 FT OAK DESK & TABL£, "18 FT (W«H-S/N) CABIt£T. FILIHGIIO£ CABII£T, FILINGlto£ TYPEURIlER, El.ElB026051 CALaA.ATm. El.E12DOO2221 CABINET, FIUN;ItD£ CALaJlATOR. ELE12DOO2061 CABINET, FILIHGIHDHE CPU: nICROCOtFUTl2092318847T CABltET. FILllljltOE CABINET, FILING1HONE BOO<S, PUIl.ICATI22 UlLS NATII»IAL HATIOHAL BCYa.(H])IA CAI..ClLAT£R, El..EI2DOO2021 CALCULATI:R, ELEl2D002041 SHARP SHARP TRI~ TRIaJR TRIaE TRICOR TlUCOR TRICOR TRlcm HATI(JfAl NATI[IfAl stM> SHARP NAnOHAL SHARP NATImw.. GRAFlKA 021 LIBR 021 LIBR 021 BOOKS, PUBLICAT1RAYBIN 9,10,11,12,13 LAU 021 EDOC 021 PROG 021 CHAP 021 LIBR 021 PROO 021 PROO 021 PROO 021 EDU: PROO 021 CALaAATOR, ELEI2DOO2011 VIDEO PlAYER & 1111841738 RECEIVER, TV & 1370336 CABII£T, FIlINGltOE CABINET, FILINGINDHE CABINET, FILIMG110E T1PEURI1ER~ ElE1B02705X 02129/92 O2I2!J192 02129/92 02129/92 02129192 02129/92 01127194 SHARP SHARP SHARP NATIONAL NATI(J{Al NATIONAl SHARP 538.21 592.09 2,394.16 62S.Zl 625.27 625. Zl 866.'0 21,876.34 ASSETS (l(IDATA [l(IDATA Cl<IOATA OODATA (l(lDATA 08/10/99 08/10/99 08/10/99 520 520 520 520 S20 8 FT-TABLE SOFA TYPIST DESK 08110/99 0811019'1 COF. TAJl.E 02119192 02119/92 02119/92 021'29192 TYPIST DESK TYPIST DESK cotF. TAkE 36 It«:H 5DRU 36 INCH 5 DRU JX-405A Q52160A 36 IN:H 5 DIN CO'IPET 36 IIDf 5 DRU 0CI1 1429 36 INCH 5 DRU 714.75 934.75 02119/92 sr1.9S 02119192 714.75 538.21 0212!1/92 538.21 115.45 538.21 244.52 02l29m 0212.9192 02/2!9192 02rZ1192 02ri!!11'12 02129/92 36 II«:H 5 ~ 42 Itt:H 5 DRtJ 02129/92 02/29/92 ZX405A S19.95 714. 7S 592.09 527.67 02129/92 02129/92 36 INCH 5 DRU r:M9.9S 02l2!1192 02129192 VCAS24011 19 336.02 336.02 336.02 336.02 336.02 04/06192 03/20/92 42 INCH 5 DRLI &IR.D BK 02129/92 TENN PRAt. SRS. 02129/92 QS17060A 02/29/92 QS1760A 02129192 QSI760A 7 DATE: 08/08/01 02129192 02129/92 0'2./29/92 115.45 538.21 592.09 654.00 896.41 121.54 121.54 115.44 206.84 231.66 538.21 592.09 592.09 527.67 RETIRE 01 TIME: TAG .. PAGE: STAlE OF TEN£SSEE PERSONAL PRfPERTY ITEI1S BY lOCATICIf AUTHORIZED ASSETS FROn 01/01/1960 TO 08/08/2001 REPORT: BA11A231 21:54:09 DESCRIPTI(J4 SERIAL II Fl ROtI1 lIf1T MAI<E ro>EL FIN SVC DT STATE COST RETIRE DT OEPTIDIV: 32944 LOCATI(Jf: 91021 P40279 P40316 P40319 P40344 P40345 P40348 P40349 P40352 P40353 P40361 P40375 P403n P40380 P«)381 P40383 P40384 P40411 P40418 P40472 P40475 P40503 P40513 P40517 P4052Q P40526 GYrI PROO 021 TYPSIUTEIt B..E1S02700X 021 CABII£T, FILING110E EDtJ: 021 CABINET, FILINGltoE LIBR 021 PRINTER, CPC) 11101ATJ74628 EDOC 021 CABINET, FILIHGllO£ EDl£ 021 CABINET, FILINGI EDlI: 021 CABINET. FILING1 PROO 021 CABIt£T, FILINGllOE EDl£ 021 CABII£T. FILINGUOE LIBR 021 FlRfITt.RE, LIBRUOD TYPECHONE) PROO 021 CABIJ£T. FILING1roE PROG 021 CABIf£T. FILINGltoE PROG 021 CABII£T, FlLIIiUtoE GYrI 021 CABIHET-sAFETY 1rETAL (toE) BALL 021 GYl9fASIlI1 APPAR1 GYn 021 GYl9fASIlI'I APPARltOE GYrI 021 CABINET-sAFETY 11'£TAl. (tOE) EDlE 021 CALD.l.AT~, a.E11D0S8569 LIBR 021 TYPBIRlTER. El£111-TRD08 PROO 021 PRINTERS I PRIN111-37722 EDOC 021 DESK & TABLE, Ulto S£R tU1 MHL EDtI: 021 PO...ISHItii & SCR1 GYrI 021 GYI'tIASIlit APPM1 PROG 021 CABINET, FILIHGIIO£ EDOC 021 CABINET, FILIMG110E *** LOCATION: 91021 *** LOCATION: 91022 LOCATION: 91023 HSAP 023 18 175,320 CABINET. FIlIHGllOE NATIONAl GRAFlKA GRAFIKA HATIotW.. NATIONAl CARD CATALOO NATIONAl NATIOHN. NATIONAl.. FL.AI'IWLE STG. CALIF ~ DU'IB BELLS FL.AI'IWLE STG. SHARP IBn IBn CET RS,SSS I'IJSQ..E MSTER FIL£ CAB FILE CAB sa 69 1,271,070 LOCATION: 91022 P33182 022 DESK & TABLE, U1CET HSA P33207 HSA 022 PAGING, RADIO &1DfARGER~ P40159 HSA 022 AIR PACK, SAFETl P40188 H5A 022 CABIt£T, FILINGII01E P40399 HSA 022 CABINET, FILING110E P40471 HSA 022 CABINET, FILIHG1toE P40S12 liSA 022 FIRE PROTECTIOH1U/CASE P40522 liSA 022 CABINET, FILINGUO£ P40022 SHARP NATIONAL NATIONAL PANASOHIC KXP1624 36 ItDt 5 DRU 36 It«:H 5 DIN 36 INCH 5 ~ CARD III>EX 36 INCH 5 DRU 42 I~ 5 DRU 42 1101 5 DRU A245 tlLTI STATI(»I U/RAC( A245 QS17060A IHEURITER 2 2390 DESK OAK 171101 FUTlH 1'EfAL.-DRAUER 1'ETAl.-DRAUER 527.67 02129/92 538.21 398.60 538.21 538.21 538.21 02129/92 02129192 02129192 02129/92 02129/92 02/2!1192 02129192 02129/92 02129/92 02Ii!9192 02l2!9192 02ri!!1m 0212'9/92 02l29m 02129192 02/2!11'12 02n!1192 ~192 01/19194 12/28/93 10/15193 01127/94 01/Zl194 LEFT nT100 U11W..ITE 2 04/06/92 07/10/92 02129/92 02/29/92 02129/92 02129/92 11/16/93 01/27/94 ASSETS NATIONAL 538.21 538.21 538.21 530. B9 538.21 592.09 S92. 09 557.70 4,251.20 534.21 557.70 121.54 508. :rl 382.23 599.95 650.00 4,600.00 866.27 866. Zl 37,87'9.01 36 II«:H 5 DRU NATIONAL 36 nDt 5 DRU NATIONAl 36 INCH 5 DRU SCOTT AIR PACK lA..TRALlTE FILE CAB tETAl-DRAUER 8 02129192 ASSETS DESK, TYPIST mTlHllA SCOTT NATIOHAl ru.TI ZX-405A 36 It«:H 5 DRU 36 I~ 5 DRU DOl 1428 DDt 1429 Sl9.95 573.75 1,381. 31 592.09 538.21 538.21 21006.00 866.Zl 7,075.79 36 INCH 5 DRU 8 DATE: 08/08/01 02./291'12 538.21 t~Gt REPCRT: BAI1A231 21:54:09 TltE: TAG .. fL ROO1 ...,IT ,l~·t·~ ~ . STATE .tl3~ TENESSEE PERSOHAl f"RtFER11 ITErIS BY lOCATICRi AlJTK)RIZED ASSETS FROM 01101/1960 TO 08/08/2001 (F MAKE DESCRIPTION SERIAL II tmEl FIN SVC DT p~: 9 DATE: 08/08/01 STATE COST RETIRE 01 DEPTIOIV: 32944 lOCATION: 91023 P4003S P40129 P40181 P40272 *** HSAP 023 CABINET, FILItfG1JOE HSAP 023 CALctJLAT£R, El..£12DOO2051 HSif> 023 CABINET. FILING1NONE HSAP 023 SHMPOO & BlFFI121280043 91023 LOCATION: LOCATION: 91024 lOA J44473 024 P33185 lOA 024 lOA 024 P33206 lOA 024 P40179 lOA 024 P40283 *** 109,575 NATIONAl tu=FER 5 PRINTER, (PC> PI905AI030412 DESK & TABlE, "lCET PAGING. RADID &lDfARGER. m.LTI CABINET, FILING1HOHE AIR PACK, SAFETl 91024 LOCATION: 40 NATIONAl SI-NP 02 109,575 LOCATION: 91025 lOB 025 PRINTER, (PC) PI905AI030416 lOB 025 PAGING. RADIO &IDtARGER, rt.LTI lOB 025 AIR PAa(, SAFET1AIR PAC P40474 lOB 025 ~IHET. nLIIt311O£ 91025 14 87,660 4 LOCATION: 91026 IOC 026 PRINTER, (PC) PI905AI030414 J44472 lOC 026 PAGING, RADIO 11awmER, ru.TI P33200 P40l77 IOC 026 CABINET, FIlIl«iltD£ P40180 lOC 026 CABINET. FILltE1JO£ P40284 10e 026 AIR PACK, SAFETIAIR PACK P4OS14 lOC 026 PO..ISHING i SCR1 *** LOCATION: 91026 LOCATION: 91027 J44S8S f'33181 P33201 100 100 100 0Z7 027 027 21 131,490 PRINTER. (PC) PI905AI030SS7 DESK & TAa..E, UlCEr PAGING, RADIO 81QfMGER, I'U.TI LEFT HATI(J4Al 36 DDt 5 DRU tnRALIlE 2 rtTl00 08/10199 Cl<IDATA HATIOHAL. SCOTT RS.SSS 793.04 336.02 S79.95 573.75 02/29/92 1,381.38 0212!//92 538.21 3.409.31 S20 tfTl00 UlRILITE 2 36 I~ 5 DRU 08110/99 07/10/92 02129192 02129/92 336.02 573.75 1,381.38 538.21 2.829.36 08110/99 07/10/92 36 ItI:H 5 DRU 02129/92 36 llDi 5 DRU 02129192 IJ'TRtLlTE 2 02129192 17IN:H 12/28193 S20 MTl00 336.02 573.75 538.21 538.21 1,381.38 650.00 4,017.Sl ASSETS (J(IDATA 520 rmT(RLA LETF I1TlOO DESK. TYPIST 115.44 538.21 02119192 07/10/92 ASSETS noTfRI..A HATI(JW. 6 520 ASSETS O<IDATA tmmtLA SCOTT HATIOHAl.. 538.21 2,523.11 tJ<IDATA DESK, TYPIST SCOTT J444B3 P33205 P40285 *** LDCATII»t: ASSETS noT(R)lA 5 36 INCH 5 DRU 02129192. Q51760A 02129192 36 INCH 5 DRU 02129/92 I1INUTEI'1AN 1500 0~/92 08/10/99 02119/92 07/10/92 336.02 579.9S 573.7S STATE IF 1EN£sSEE PERSONAL. PRtFER1Y I1B1S BY LOCATIOH REPORT: BAI1A231 TIrE: TAG " 21:54:09 PAGE: 10 DATE: 08/08/01 AUTlIlRIZED ASSETS FROM 01/01/1960 TO 08/08/2001 FL ROOM 1Jo4IT DESCRIPTION SERIAL It MAKE MODEL. FIN SVC DT STATE COST DEPTIDIV: 32944 LOCATICIf: 91027 100 027 AIR PACK, SAFETI P40146 100 027 FL~ nAINTE:NAHl22S27 P40191 *** LOCATION: 91027 LOCATIOf: 91028 lOE 028 J.44579 lOE 028 J44599 10E 028 P33208 lOE 028 P40163 lOE 028 P40176 P40396 lOE 028 tOE 028 P40466 *** LOCATION: llA *** LOCATION: 029 *** LOCATION: *" LOCATION: 40 153,405 88 21,915 HATltItAl NATIONAl SHARP 1 89 21.915 GYI'IHASIlI1 APPARIFIn£SS CHTR. 91031 98 21.915 91032 21 43,830 1 520 520 nTl00 1JCBS24OU 36 INCH 5 DRU 36 INCH 5 ORU 19 08/10/99 08/10/99 01110/92 02129/92 02129/92 02129/92 02129192. IILTI STATUtI 02129/92 336.02 336.02 573. 75 206.84 538.21 538.21 231.66 4.213.09 4.213.09 tlLTI STATlctI 02129/92 4,251. 20 4,251.20 tILTI STATION 02129/92 ASSETS SENTRIE AVIIlH£ARTBEAT ES0S201 REV C ASSETS 705.74 2,760.71 ASSETS CALIF GYI1H 1.381.31 3,576.n ASSETS CALIF. GYMN 1 02129192 02lt!!1/92 ASSETS APtLLO, CALIF GYlfiASIlI't APPMl LOCATION: 91032 SALY 033 rETAI.. FINDERS &121906 P40S45 SAlY 032 VIDEO SURUEIUA174357 LOCATION: SHARP GYnNASIlI'I APPARI P33038 *** I1OTtRI.A 7 1I.TRILlTE 2 KGI6DBlFFER ASSETS (J(IOATA (J(IDATA VIDEO PlAYER & 111841610 CABlt£T, FILIl«;llO£ CABINET, FILIHG1JO£ RECEIVER, TV I 1370992 91030 LOCATIOH: 91031 llC 031 P40382 5 PRINTER, (PC) PI905A1030307 PAGING. RADIO IIDWmER, nu..TI 91029 LOCATION: 91030 P40147 liB 030 109,575 PRINTER, (PC) PI905AI0303S1 91029 LOCATION: 91029 P40137 02 SCOTT 5O-PRO 4,251.20 4.251. 20 02129192 03110/00 3,926.50 48,000.00 51,926.50 RETIRE DT stAtE -OF" fEN£sSEt - - -, .-- REPORT: BAI1A231 TIrE: TAG It fL RW1 PAGE. 11 DATE: 08/08/01 PERSDHAl.. PmFEJn"Y lTEJ1S BY UEATUII AUnOUZED ASSETS FRDn 01/01/1960 TO 0810812001 21: 54: 09 IlUT DESCRIPTION SERIAl.. " MAKE MODEl FIN SVC DT STATE COST DEPTIDIV: 32944 LOCATION: 91033 J02637 AN« 033 AN« 033 J02~1 J44422 Nt« 033 JWI86 AtIIX 033 P33019 P33183 P33209 P40033 P40103 P40157 P401S8 P40193 P40197 P40385 P40460 P40502 P40504 P40505 P40516 P40524 P4052B P40S31 *** Af+D( AtIIX ANN)( AtfIX Atf.IX 033 033 033 033 033 033 033 AtI4X AtHC Att« 033 MtIX 033 AtIIX 033 AffiX 033 MAIN 015 AN« 033 AtICC 033 AtfIX 033 PRINTER. (PC) 12100014886 TV RECEIVER OR 129820027 PRINTER. (PC) P1905AI030328 PRIHTER. (PC) P1905AI030409 DESK & TABLE. U1tOE(ctIHREJO] DESK & TABlE. UlaJFEREH:E PAGING, RADIO &IDtARGER. ru..11 TYPEURlTER, ELE111-TRF92 AIR PACK, SAFETI CABINET-sAFETY It1) SERIiL tIJI'IBER GYI'I4A5IlJ1 APPMltIJT SERALlZED TABLE, EXAI1INAT11OE CABINET, FILIHGlNOHE AIR PACK, Se'EET1 RECEIVER, TV & 1370997 DESK 8. TABLE, UINJ SER lUI AVAl DESK OR TABlE, 110£ ~ m TABlE, lJOE GV1'tIASIlJI APPAR1FUTURE 033 CABINET, FIlIHGUD£ Atf.IX 033 aPYING I1ACHI1£14r16403S09 AtNC 033 ICE MKIHG & DIIU317-o1227U AtfiX LOCATION: 91033 lOCATION: 91034 J44420 ~ 034 J44429 ADrai 034 J44435 AOMH 034 J44464 Atnf 034 J44468 ADttI 034 J44594 ADtIof 034 P05703 TDOC 034 POS705 TDOC 034 P33011 ADI1'I 034 P33012 AOI"tf 034 P33014 ADI'tI 034 P33015 ADrtI 034 P33016 TRAM 034 P33020 ~ 034 P33021 ADttI 034 P33022 AortI 034 P33023 ~ 034 P33024 ADI'tl 034 59 482,130 PRINTER, (PC) PI905AI030333 PRIHTER, (PC) P19OS\10303750 PRINTER, (PC) PI9OSAI0307SB PRINTER. (PC) Pl905A60176SO PRIHTER, (PC) PI905AI030300 22 OKlDATA PHILCO [J(IDATA OODATA TRIcm TABlE noTCRO.A 12 FT-TABlE 8FT 1fT1oo RInER 104 42 ItDi 5 DRU DUm BELLS NATIONAl SCOTT SHARP 19 CET TRICOR TRICOR I'IJSCI..E nASTER UTRAlllE 2 rtETAl.. UIRACI< UTRALIlE 2 19 DESK OAK DESK OAK DESK OAK 88S5O I'ETAL-DRAUER FILE CAB XEROX 5314 ZT ICE 0 MTIC 07/01/96 398.60 08/10/99 08/10/99 336.02 336.02 07/01196 03120/92 02119192 07/10/92 02129192 02129192 02/29192 02129/92 02l2!l/92 02129/92 02/29192 02129/92 01/19/94 05113/96 05113196 10/15193 01/27/94 10/20/93 01/11193 (J(IDATA OKIDATA OKlDATA OKlDATA (J(I[)ATA TRICOR TRICOR TRICOR TRImR TRImR TRlCOR TRICOR TRICOR TRIaJR TYPIST DESK 231.66 1.194.32 714.75 573.75 508.37 1,381.38 557.70 534.21 727.31 592.09 1,381. 3B 231.66 599.95 599.95 59CJ.9S 4,600.00 966.'Z7 2,040.00 1,944.81 20,950.15 ASSETS FlR4I~. L~lto£ RelITlIE, UUlIJD£ DESK & TAIlLE, UltO£ (COt='.) DESK & TABt£, Ul.e£ DESK 8: TABLE, UllOE DESK & TABlE, UllOE DESK & TAa..E, U1LEFT'SJ... DESK & TABlE, UIL.EFT &a..L S20 520 "£E1JIUTER 2 (J(JDATA C01PAQ £PTRA LASER l~lIO£ 19 INCH IBM SCOTT R.AmABlE STG. PRINTER, (PC) PI905AI030309 (PlJ: t1ICROaJ'FUTI6846BXH8A692 PRINTER. (PC) PI11-AIT74 DESK & TAa..E, UIIO£ FURHITlRE, OL810 520 520 520 395 520 08110199 08110/99 08110/99 08/10/99 08110199 08110199 DESI<PRO PEHTIlJt'I 01/07/99 S 1255 01126/99 aKERENCE TABL 03/20/92 SOFA 03120/92 &FA 03120/92 SOFA 03120192 8 FT-TABLE 03120/92 520 DESK, GOVERNORS 03120192 DESK. sailOR EX. DESK, SEHIIR EX DESK, SECRETARI DESK, SEtRETARIA 03/20/92 03120192 03120/92 03120192 336.02 336.02 336.02 849.63 336.02 336.02 1,143.57 1,225.09 714.75 802.05 934.75 934.7S 714. 75 1,132.00 530.55 530.55 579.9S S19.95 ~IRE Df REPORT: BAI1A231 21:54:09 STATE OF TEH£SSEE TAG It Fl. ROOM PAtE: 12 DATE: 08/08/01 PERSOHAl PRtFERI Y ITB'IS BY LOCATION TIrE: AUTllJRlZED ASSETS FRDr1 01/01/1960 TO 08108/2001 UNIT DESCRIPTION SERIAl II MAKE I1DDEl.. FIN SVC DT STATE COST RETIRE Df DEPT/DIV: 32944 LOCATION: 91034 ADtH 034 P33025 AOr1H 034 P33026 P33027 ADrtf 034 AInI 034 P33028 TRAN 034 P33030 P33036 P33043 P3304JI P33045 P33166 P33167 P33168 P33169 P33176 P33181 P33190 ADI1H ADt'tI ADI1'l ADr1N ADtH ~ ADrtf ~ AOtI4 TRAN ADr1N P33202 P33210 P33211 P33212 SORT SORT SORT P40002 P40003 P40005 P40023 ADI'tl ADI'tI ADI"tI P33213 P40054 P4005S P40056 P40057 P40058 P40059 P40060 P40061 P40062 P40063 P40064 P40065 P40066 P40067 P40068 P40069 P40070 P40071 P40072 P40073 P40074 SORT SORT ADI'tI ARr10 ARMO ARI'Il ARm ARMO ARI10 ARrIO ARI'IJ ARnO ARrIO ARI'IJ ARI10 ARI'IJ ARMO ARI1D ARtIl ARI10 ARI'IO ARI10 ARI'Il ARI'IO a TAlllE, U1LEFT UEl.L DESK & TAB....E, UllEFT UEl..L DESK 8 TABlE, U1LEFT UEU. DESK 8 TABLE• .,lLEFT UEI...L DESK I TAlU, U1LEFT UEL.l.. 034 I'ETAl FDI>ERS &121907 034 DESK a TAIlLE, .,11OE 034 DESK & TABLE, "11OE 034 FlRIIT1JRE.. UDlllOE 034 X-RAY ftACHIl£, lI1AIUPACKAGE-RM 034 DESK I TABLE, "1l.EFT UEI...1.. 034 DESK I TABlE. U1LEFT UELL 034 DESK & TABlE.. UllEFT UEU... 034 AHfI11.H:, UUlltOE 034 FlRtIllE, LOlJIIC£T 034 DESK & TAa..E. UleET 034 PAGING, RADIO &lDtARGER, ttLTI 034 PAGING. RADIO &lDtARGER, rt.LTI 034 RADIO, 2-UAY RE1617ASl2021 034 RADIO, 2-UAY RE1617ASL2020 034 RADIO, 2-UAY REl531ASHOl73 034 CAlctl.ATOO, ELEl1D058572 034 CALCUl..ATOR, EL.El1D058S39 034 CALClI.ATOR, ELEl1D056700 034 COPYOO rw:HII£16U6012395 034 PIST(L, LAU EtFl11fV4903 034 PISTOl, LAt.J aFIBHV4916 034 PIS1ll.., tAU aFIBHU4930 034 PIST(L, LAU 9FI1K"22S9 034 PISTIL. l..ALI EHFll1tU4987 034 PISTOL, lALI EtFIBHV2270 034 PISTOL, LAU EHFIBHV2424 034 PISlll., LAU ENFII1HV4912 034 PISTOL, LAY BFIBHTOO83 034 PISTiL LAU aFIBHV4858 034 PISTOL, LAU EJFIBHV2481 034 PISTOL, ~ EtF1BN2478 034 PISTtl., LAU EJFIBHV4730 034 PIS1lll., LAU aFliHV2285 034 PISTOL. tAU aFl1lHV4674 034 PISTOl, LAU EJFIBHIJ4784 034 PISTOL, lAY EtFIBH1J239S 034 PISTOL. l..J'U eFIB1fJ4830 034 PISTOL, LAU aFIBHU4727 034 PISTIL, LAU ElFlBHJ2049 034 PISTCL, l.AU aF1BHV2427 DESK TRICOR TRICOO TRICOO TRICOR TRlCOR SENTRIE TRICOR TRICOR TRlCOR lIIESCNrSYST TRICOR TRICOO TRICOR TRlCOR stFA DESK, TYPIST tIlTCROlA rl)nAJ..A rmtlLE SPECTRA tIOBlLE SPECTRA I10BILE 5HMP ~ SHARP XEROX snITHlUEssm snITH/1.ES!DI SMITHIUESSOI st1ITHlUESS(JII SMI1lfAIESS()f Sl'l1TH UESSQIf snITHIUESSOI SMITH ~ SI1ITHIUESSOI SI1ITH1UESS01 SMITHIUESSOI SMITHlUESSIJI snITHIUESSOI SI'1I1lfAIESS()f snI1lfAIESS()f snI1H~ SMITHlUESSON stlIlWUESSOH SftITH/UESS()I 5I1ITH UESSIJI snITHlUESS(J.I DESK. SECRETARI DESK. SECTRAIAL DESK, SECTRATAR DESK, SECTRARIAL DESK, SECTRAIAL. 03/20192 03/20/92 03/20/92 03120192 03120/92 02129/92 DESK, SENIOR EX. 04/28/92 MmE, TYPIST SOFA EGG ASTROPHYSI DERSK, SECTARIAl. DESK, SECRETARIA DESK, SECR£TARIA SOFA UDI3E LEFT nT100 nTl00 I'I01lROlA I'I01lROlA SYNTAR Q52760A QS2760A Q52760A 536S 38 38 38 38 38 38 38 3B 38 38 38 38 38 38 38 38 38 38 38 38 38 04/28/92 04/28/92 06/20/92 04/06/92 04/06/92 04/06192 04/06192 04/06/92 02/19/92 07/10/92 07/10/92 07/10/92 07/10/92 07/10/92 02l2!1/92 02129/92 02/29/92 02129192 02129192 02129/92 02/2919Z 02129192 02129192 02/29192 02129192 02129/92 02/29/92 02129/92 02129192 02129/92 02129/92 0212!1/92 02/2!1192 02129/92 02129/92 02129/92 02129192 02l2!1/92 02129/92 579.9S 579.95 579.95 S19.9S 579.95 3,926.50 530.55 579.95 934.75 22.150.00 579.9S S19.95 579.95 934.75 934.7S 579.95 573.7S 513.75 1,256.43 1,343.98 2,354.05 115.45 115.45 115.45 22,6g.75 232.lt4 232.64 232.64 232.64 232.6AI 232.64 232.64 232.64 232.64 232.64 232.64 232.64 232.64 232.64 232.64 232.64 232.64 232.64 232.64 232.64 232.64 STATE (F' mtIESSEE PERSOHAl PRCPERTY Has BY LOCATION AUTHORIZED ASSETS FR01 0110111960 TO 08108/2001 REPORT: BAllAZ31 21:54:09 TIrE: TAG It FL ROm lIfIT DESCRIPTI(JoI SERIAl It I'W<E I'IX>El... P~: FIN sue DT STATE COST RETIRE DT DEPT/DIU: 32944 LOCATION: 91034 ARI1J 034 P4007S ARI'IJ 034 P40076 ARtI) 034 P400n ARnJ 034 P40078 ARI1J 034 P40079 ARI10 034 P40080 ARI'IJ 034 P40081 ARMO 034 P40082 ARI'() 034 P40083 ARI1J 034 P40084 ARI10 034 P4008S ARnO 034 P40086 ARtI) 034 P40087 ARtI) 034 P40088 ARrIO 034 P40089 ARJ10 034 P40090 ARrI) 034 P40091 ARMO 034 P40092 ARI1J 034 P40093 ARI10 034 P40094 ARrI) 034 P4009S ARI'1O 034 P40096 ARm 034 P40097 ADI'tf 034 P40100 P40101 ADI'tf 034 P40117 ADI'tf 034 P40118 AOI'H 034 ADI'IoI 034 P40121 P40124 ADI'tf 034 ~ 034 P40126 P40131 ADI'tI 034 TRAH 034 P40178 ADI'tI 034 P40183 ADMH 034 P40186 P40192 AOtI4 034 P40200 IA 034 P402S1 ADI'tI 034 AI)I1II 034 P402S4 ADt1H 034 P402S5 P402S6 ADI"tf 034 P40257 ADI'tI 034 P402S8 AInI 034 ADI'tI 034 P402S9 P40260 ADrfof 034 P40261 ADI'tI 034 P40262 AOI'tf 034 PISTOL, l.AU aFlllHV2290 PISTOL, U\U aFUlHU2437 PISTOL, LAU EJoFUIHU4I789 PISTIL, LAU 9Fl1lHU2241 9JI. SIl1'QJH & lA344719t1 fUI, SflJTlDI & lA344128S1"1 (lJI, ~ & lA344756n (lJI, 5HD1'GtJH & lA34469811 lUf. SHOT~ & 1A34471211 lUI. SKJTGlJf & lA344174011 GlII, SHOTQII & lA34474611 WH. SHDTQIf & lA346S98l1 GUN. SHOTOOH & lA3447S4M QIH. SH011lJH & lA3441702M GlII, SIIlTGlJf & lA3441306M 1lJN, SHOTGlJf & lA34471711 IDI, SHOTOOH & lA34470S11 lUI, SHOTGUH & lA34716B1 (Uf, SHOTGlJf & lA34474S11 (JJH, TEAR GAS &1978 GlII, SHDTOOH & 1650715 lUI, SHOTOOH & 1650720 CABINET, FILIJ«JllOE CABDET, FILIHG1IOE CABIt£T. nLIJ«J1tOIE CAI...Cll..ATOR. ELEI2D003641 CALal.ATOR. ELE12DOO3631 CALW.ATOR, ELEI2D003671 CAlCtl.ATm. a.E120002191 CAlCtI.ATCR, a.E12DOO2211 CALCll.ATOR. ElEl2D002231 CABINET, FILIHG110E CABINET. nLINGIIOlE CABINET, FILIJ«JUOE CABINET. FILIHGllOE VIDEO PLAYER & l1S6468GIA TYPEURIlER. El.El11-TRD23 CABINET. FILIJ«JUOE CABII£T, nLIJ«JIIO£ CABII£T, nLIHG110E CABINET. FILINGltD£ CABINET. FILIHG110E CABltET. FIlIJ«J1101E CABI1£T. FILIHGltOE CABINET, FILIHG1101E CABINET, FILING110E 38 02l2!1/92 38 02129/92 02129/92 38 38 02129/92 12 GA 870 tIAGNU 02129/92 12 02129/92 12 02l2!1192 12 02/29192 02l2!1/92 12 12 02129192 12 02129192 12 02129192 02l2!1192 12 02129192 12 12 02129192 12 02129192 02129/92 12 12 02129192 12 02129/92 02129192 298 ~ FEDERAl. 203A38 02129/92 RIOT GAS RIOT, GAS FEDERAL 203A38 02129192 36 INCH 5 DmI 02/29192 NATIOHAl.. 42 DOl 5 DRU 02129192 NATIONAl 42 It'Di 5 DRU 02129/92 HATIOMAL QS1~ 02129192 SHARP QS17060A 02129192 SHARP QS17060A 02129192 SHARP QS17060A 02129192 SHARP QS1760A 02129/92 SHARP QSI7060A 02129/92 SHARP 36 INCH 5 DRU 02129192 HATICJoIAl... 36 INCH 5 DmI 02129192 HAllow. 36 INCH 5 DRU 02129192 NATIONAL 36 INCH 5 DmI 02129192 NATIONAL PEARL. RECORDER IL'iJ'FUS Ll00 02l2!/192 02/29192 PERSIItAl.. I I IBn NATI(JfAl 36 IHOf 5 DRU 02129192 36 INCH 5 DRU 02129/92 NATIOHAL 412 INCH 5 DR\l 02129192 NATIOHAl. 412 INCH 5 DmI 02129/92 HATICItAL NATI(IoIAl 42 IIOf 5 DR 02129192 42 ItDi 5 DRU 02129192 NATIrtIAl 42 IHDf 5 DRU 02129/92 NATIrtIAl 42 INCH 5 DRU 0212!1/92 HATIOHAI.... 42 INCH 5 DRU 02129/92 HATIOHAl snIlHIUESSGI stlITHILIESOlfl SMIllVUESS()I SMITHIUESS(JI REMIItiT(JoI REMIN;TON REMINGTON REMINGTON REJ1INGTON REMI!'IiTIJf REMINGTON REnINGTOH REJ1IHGTOH REMINGTON REMINGTON REMINiTON REMINGTON REMINGTON REMINGTON 13 DATE: 08/08/01 232.64 232.64 232.64 232.64 230.59 230.59 230.59 230.59 230.59 230.59 230.59 230.59 230.59 230.59 230.59 230.59 230.59 230.59 230.59 713.00 m.84 337.84 538.21 592.09 592.09 121. 54 121.54 121.54 121.54 121.54 115.44 538.21 538.21 592.09 592.09 169.25 508.35 538.21 538.21 592.09 592.09 592.09 592.09 592.09 592.09 592.09 V!. STATE OF REPORT: BAl1A231 TIrE: 21:54:09 TAG M FL ROO'I PAGE: m+IESSEE PERSONAL PRtPERTY llEI'IS BY LOCATION AUTHORIZED ASSETS FROM 01/01/1960 TO 0810812001 MAKE DESCRIPTION SERIAl... It lIUT MODEL FIN SVC DT STATE COST RETIRE DT DEPTIDIV: 32744 LOCATION: 91034 AOtI'I 034 I.A. 034 P40264 ~ 034 P40269 ADI'tI 034 P40270 P40271 AlftI 034 TRAH 034 P40275 P40276 TRAH 034 TRAN 034 P40277 TRAM 034 P40278 TRAM 034 P40280 TRAM 034 P40281 P40289 ADI'tI 034 ADI't4 034 P40291 ADttI 034 P~ ADt1H 034 P40320 ADI'tI 034 P40386 ADttI 034 P40413 ~ 034 P40417 AInI 034 P40450 TRAH 034 P40455 P40470 ADrtf 034 P40479 ADI'II 034 ADMN 034 P40509 P40521 TRAM 034 TDOC 034 PS5885 P91174 TDOC 034 P40263 *** LOCATION: ftifDEPT-DIV; CAtCt1.ATM. El.E11D052769 CABINET. FILING1NOHE CABINET, FILINGIHDHE CABINET, FILING1NOHE CABINET, FILING1HDHE GYI'tIASIlI1 APPARIFITI£SS CENTER SHARP HATIOHAl... NATIONAL. HATIOHAl NATI(JoIAl ~lF GY11H QS12760A 05119/92 42 INCH 5 ORU 02/29/92 42 INCH 5 DRU 02/29/92 42 INCH 5 DRY 02/29/92 02l29m 42 INCH 5 DRU rI1.TI STATU." DtI1B BEll.S UIRACK BIKE, EXERCISE F\JItRA GYlfiASIlI1 APPARltO£ GYlttASIlJ1 APPM1119106050 GYnMASIUM APPAR1119106041 CABINET. FILING1HOHE CABINET. FILING1NOHE CABIHET. FILING110E CABIHET. FILIHGIHDHE CABINET. nlItIUtOE lPU: t1ICROClItPUTIBB52T CABINET, FIlING1NONE CABINET, FILING1HOHE CABIHET. FIlIHG110E CIl.D.LATM, a.£11D056769 PRINTER, (PC) 11621242X CABINET, FILING1HDHE CABIHET, FILINGllt1£ TYPEURlTER, ELEI11X'fF2C1-6OO72 CABINET, FIlING1NDNE CPU: t1ICROaIAJT1S6826BQ33.J233 PRINTER. (PC) P1SG73A13047 02/29/92 02/29/92 O~192 115.44 592.09 592.09 592.09 592.09 4.. 251.20 534.21 02lt!!1192 589.88 589.88 538.21 538.21 538.21 592.09 02/29/92 1.244.52 02/29/92 02129192 NATIONAL SfWP 02129/92 SHARP, lASER 02/29/92 NATICIfAL 36 INCH 5DRU 02129/92 36 It«:H 5 DRU 02129/92 HATIIJW.. IBn 1000 UI£I...l..I'UTE 11/19/93 FILE CAB r'ETAl-1>RA'6 01127194 (DFAQ DESKPRO 4000 07/02/98 HEIJLETT PACKARD DESKJET340 PORT 06/26/91 538.21 BIKE, EXERCISE NATIOHAL NATI(JfAl NATIOHAL NATIOHAl HATltwtL GRAFlKA HATIOHAL HATICIIAL F\JItRA 5 DRU 36 IN 5 DIN 36 1M 36 INCH 5 DRU 42 INCH 5 ORU 02129/92 02129192 02/29192 02/29/92 36 INCH 5 I>R" 021'29/92 36 INCH 5 DRU 36 IN::H 5 DRU 36 INCH 5 DRU lSZ:l6OA JX9SOOOH 0212!1192 ocrt1428 538.21 538.21 538.21 121.54 746.99 538.21 538.21 540.00 866. Z1 1,508.75 348.00 95 2,980. 440 136 ASSETS 117.258.63 329443, 901 1, 395, BOO S20 ASSETS 647,703.33 91034 a, 063,901 1,395. BOO 520 14 DATE: 08/08/01 647.703.33 Employee Dishonesty Named Insured: See Attachment I to Appendix D -Insurance Coverage: Quote blanket employee dishonesty (Fidelity) coverage Limits: At n minimum, $50,000 per loss Scope of Coverage: I. 2. Include 8 Faithful Performance Rider to cover the malfeasance, misfeasance, or nonfeasance ofduties of the Contractor. Notice of occurrence: When an occurrence takes place written notice shall be gh'en by or on behalf of the insured to the Company or any of its authorized agents as soon as practicable after an accident or occurrence becomes known to the Risk Manager. 3. Failure to file notice; The rights of the insured shall not be prejudiced ifthere is a failure to give notice ofan occurrence or incident due to inadvertent error or omission on the pan of the insured. 4. Include Employee Benefit Plans as Insureds. Page 22 of 31 State of Tennessee Department of Correction Proposal Form for Appendix D - Insurance Must be compleled and returned In accordance with the timetable a$ set forth on Psge 7 of RFS 97-329.44-002. General CondlUons Insurance company eligibility 90 day notice of cancellation ncn·renewal material change Conuaclor and insurance company services Named Insured (See Attachment I to Appendix 0 • Insurance) Yes No --Yes Nc --Ves No --Yes No --Ves --No --Ves No Workers' Compensation Coverage limits· S1.000.000 I 1.000.000 I 1.000.000 Yes No Yes _ _ No ..... Slates Covered: TN Yes No ==Yes:=No List any other Scope of Coverage: Includes: 1. Other slates insurance 2. Voluntary compensation 3. Foreign volunta~ compensabon endorsement 4. U.S.L.&H. endorsement 5. Excess repatriation expense coverage $100,000 limit 6. Endemic disease coverage 7. Stop gap (all monopolistic states) Yes Yes Yes No No No --Yes--No --Yes--No --Ves-No --Yes--No --Ves--No --Yes--No --Yes--No ====:Yes No 8. FaA 9. Waive acllons against State of Tennessee e1Cperience mod: Interstate: General liability Excluding Products I Completed Operations Coverage: Comprehensive form Commercial form Occurrence basis Yes No --Yes - N o ::::=Yes-No Scope 01 Coverage Includes ,. Blanket conlractuOlI liability 2. Independent contractors 3 Employees 8S insureds No No ==:Yes ==No Yes Yes Page 23 of 31 Yes --Yes 4. Personal Injury and advertising Injury Em~loyment exclusion deleted Contractual exclusion deleted S. liquor liability 6. Fire legal- S1.000,000 7. Waiver of subrogation 8. Non-owned walercraft No length IimltatJon 9. Extended bodily Injury 10. Int/dental medical malpractlee 11. Worldwide coverage 12. Delete X. C and U exclusions (if any) 13. Broad form property damage 14. Delete alienated premises exclusion 15. Notice of occurrence 16. Blankel additional Insureds 17. Cross liabUity 18. Errors and omissions 19. Employee benefits liability 20. Aggregate limits per location/project 21. Personal Injury to include: Mental anguish Mental injury Humiliation Discrimination Any other injury to the feelings and reputation of a natural person 22. Delete fellow employee ext/usion 23. Failure to give notice endorsement 24. Sudden and accidenlal pollution 25. Advertising publishing exclusion deleted 26. World....i de basis 27. Medical and Professional liability 28. Sexual abuse I molestation coverage 29. Civil rights violations 30. Communicable disease 31. Punitive damages 32. Unfimlled defense In addition to limits 33. Assault & Battery 85 a covered act No No -Yes.--No -Yes--No -Yos--No -Yes-No --Yes-No -Yes-No -Yes-No -Yes-No --Yes-No --Yes-No -Yes-No -Yes-No --Yes-No -Yes-No -Yes--No --Yes-No --Yes--No :==Yes :=No Yes No --Yes-No --Yes - N o Yes - N o No --No Yes --No -Yes No Yes No --Yes - - N o --Yes--No Yes Yes --Yes--No Yes --No -Yes-No --Yes--No --Yes--No ==Yes=:No limits: ComprehensIve form: $10.000.000 CSL $ 1.000,000 employee benefits liability Premium: Deductible: Commercial form; S 5.000.000 occurrence S10.000,OOO aggregate Premium: Deductible: -------_ Products and Completed Operations liability Coverage" Comprehensive form Commercial torm Occurrence baSIS Yes Yes Yes Page 24 of 31 No No No Page 2S of 31 Owned and Non-owned Aircraft liability Owned liability coverage Non-owned liability coverage Yes No N/A -Yes -No -N/A -- - Scope of Coverage: Includes: 1. Bodily injury, property damage and mental anguish Yes No --Yes--No 2. Bodily InJury· passengers --Yes --No 3. Claims of employees --Yes--No 4. Coverage territory - worldwide _ _ _ _ _ _ (number) - Y e s - - N o 5. Specify seat capacity warranty --Yes--No 6. Contractual liability 7. Notice of occurrence _Yes No Premium: 510,000,000 limit 520.000,000 limit Umbrella I Excess liability ,. Policy aggregate Includes Specif)' Totat 2. ·Pay on 6chall or- Form 3. Named Insured as per Attachment I to Appendi,c D - Insurance 4. Follow form all primary extensions List all exceptions~ No Yes No Ves Ves No No _ No Yes No Yes _ _ No Ves 5, First dollar defense 6 Defense in e,ccess of limits 7. Zero sell·insured retention 8. List non-concurrent (with Primary) Terms, conditions _ _ Yes or limitations Limits: Premlum:'--------- efrectors and Officers list insured organiZation(s) Coverage Yes Yes Yes Occurrence Coverage Directors and Officers hatl1hly Corporate reImbursement Page 26 of 31 No No No Scope of Coverage: Includes: 1. Wrongful aet defined 2. Complete prior acts 3, Information on application will not void coverage for all Insureds 4. Policy pays 100% excess of retention 5. Discrimination coverage 6. Punitive or exemplary damages covered 7. Failure In maintaining Insurance 8. Discovery Period: Cost Duration If Insured cancels 9. Wrongful aets reported during policy coverage 10, FeDure to file notice 11. Delete anti-trust exclusion 12. Allow claims brought by govemrMnls 13. Coverage 11 insured insOlvent t4. Insured versus Insured claims for wrongfut termination 15. Marital Estate Extension 16, Delete RICO exclusion 17. Entity coverage 18. Employment Practices liability , Yes No -Yes No - -Yes No - -No -- Yes - No ::=Yes No --Yes Yes - - No Yes No No ::=Yes Yes -- No - Y e s - - No No ::=Yes Yes -- No - - Yes - -No -- No --- Yes Yes - - No --Yes --No No :=Yes Yes -- No -- L1mi15 and retentions: S10,000,000 annual aggregate, Deductible OpCion 1 Deductible OpCion 2 Other Premium: Environmental Impairment liability Co\'erage - gradual Coverage - sudden, accidental Occurrence coverage - -Yes Yes -- - Yes Covered locetions: 1. All locations • statemenl of values 2. AIljob sites 3. Specified siCes - Yes - -No - -Yes - - No LIst No No No Dedudlble Scope of coverage: Includes: 1. On/Off premises cleanup costs including corrective action 2. Employees as insureds 3, Prior acts coverage (if claims made) 4. Defense in addition to the lImit 5. Compliance with EPA requirements 6, Ertended reponIng provision Cost Durahon If insured cancels Page 27 of 31 --Yes Yes Yes Yes Yes Yes Yes No No No No No N/A No N/A No N/A .... limits: Premium: ------- $5.000,000 Incidentl $10,000,000 aggregate Property I Boller & Machinery Named Insured: As per Attachment I to Appendix 0 • Insurance Yes _ _ No Scope of Coverage: 1. Is -All Risk- coverage provided 2. Does quote Include the peril of Flood 3. Does quote Include the peril of Earthquake 4. Is coverage on a Repair and Replacement Basis 5. Is Automatic Reinstatement of limlls Included 6. What coinsurance % Is used 7. Is It waived 8. Does quote include building 9. Does quote Include office equipment 10. Does quole include EOP exposures 11. Does quole Include all other conlenls 12. Does quole Include boiler & machinery exposures 13. Does quote Include transit 14. Does quote include extra expense 15. Does quote Include expediting expense 16. Does quole Include service inlerruptlon for ell utilltlos 17. Does quote Include contingent extra expense 18 Does quote Include business interruption Including ordinary payroll 19. Does quote Include offslte storage 20. Does quote include errors and omissions 21. Does quote include mechanical breakdown or electrical arcing 22. Does quote Include pollution and contamination 23. Does quote Include personal propeny of employees 24. Does quole include conlingent business interruption 25. Will form permit other insurance? Deductible (options) _ llmils & Sublimtts Premium Page 28 of 31 RC\'lscd 10/8'9E Yes No --Yes No --Yes-No ==Yes--No Yes - - N o --Yes-No --Yes--No -Yes-No --Yes--No --Yes--No --Yes No --Yes No --Yes--No --Yes No --Yes No Yes No Yes No --Yes No --Yes--No Yes No Yes - - N o --Yes Yes No No Yes No _ _ Yes _ _ No .... Employee Dishonesty Named Insured: As per Attachmenll to Appendix 0 - Insurance _ _ Yes Coverage: Blanket employee dishonesty (Fidelity Coverage) _ _ Yes _ _ No No Deductible: limits: Scope of Coverage: 1. Is Faithful Performance Rider Included? Does It Include Malfeasance? Does It include Misfeasance? Does it Include Nonfeasance? No No No No Yes No - - Ves - - Ves -- 2. Notice of Occurrence wording -- Yes -- No 3. Failure 10 file notice 4. Indudes Employee Benefit Plans as Insureds? '. - - Yes Yes Yes No _ _ Yes No Premium: Professional and Medical liability (Nurses/DoctorsfCounselors/Psychologists/Social Workers) Named Insured: As per Attachment I to Appendix 0 - Insurance Scope of Coverage: No - -Yes Ves -- No 1. Is occurrence coverage provided? 2. tf no, does claims made quote Indude "laU- coverage? For whal period of time years. 3. Full Prior acts 4. Extended reponing provision Cost Duration If Insured cancels -- No - -Yes Yes -- - -No - - Yes Limits: S5.000.000 each occurrence 510.000,000 annual aggregale Premium: -------- Page 29 of 31 No NlA N/A N/A Deviations from Specifications: Insurance Companies Ullllzed: Coverage (Indicate mandatory groupings) Does your agenl have binding auth~rily with each company utilized In this proposal. Yes __ No __• If not. Indicate those companies for which an agency agreement does not exist. and affix tho signature. Iitlo. and mailing address of an Insurance company employee authorized to bind coverage and countersign policies on their behalf. Page 30 of 31 Contractor submitting proposal: Insurance Agent I Company Employee: Address: Phone Number: Signature: Note: Must be an authorized representative or emptoyee of the Insurance Company who has binding authority. If more Ulan one Company is used, attach an authorized signature (or each. Page 31 of 31 -. LLOYD'S OF LONDON UNDERWRITERS SPONSORING S\'NDICA1£S &: MANAGING AGENTS S)lldlcltt Numher :1 28 33 34 .-, .-0 -48 51 52 53 55 62 '79 102 112 122 123 136 138 IS9 172 173 178 119 183 187 190 20.£ 20S 218 219 227 228 25(1 270 271 282 314 318 321 328 329 340 362 375 376 382 386 431 ,n~ ,U1 ~~(, ~~i Managing Agen! Claremounl Underwriting Agen~' Ltd Mum)' La\\Tcnce &: Panners Ltd Hiscox "S~1ldicates Ltd Bankside S~1ldicates LuI Mum)' La\\TeDCe &:. Pannm Ltd Methuen (1.10)11'5 UfW Agcu\S)ltd Methuen (l.IO)·cS's UIW Agents) Ltd Wellington Ulldem'ritiDg Agencies Ltd Hiscox S}l1dicates Ltd Mmhanl Eliot UIW Ltd Calef Allen S>'1Ulicates Management Ltd Barder &. Manb Ltd Janson Orcen Ltd Gammell ~rshaw &. Compan~' Lul C 1 de Rougemont &:. Compan~' Ltd SMge Non-Marine S)'ndicale l'.Unagement Ltd R J Kiln &: Compan~' Ltd Methuen (1.1~'d's VIW Agents) Ltd RF BaU~' (Underwriting Agenties) Ltd Smrge Non·Marine S~l1d.icate Man3~ement Ltd Sttwan 5~1ld.icales Ltd SIC'\'!n Syndicates Lid Wren S~1ldicate M.anagement Ltd Catlin Underwriting Agencies Ltd Ash1~ Palmer S)1ldicates Ltd Clucmounl UndernTiting Agcn~ Ltd Libert), S~'1\dicate Man3gcment Ltd Sturge Non·Marine S~'1\dicate Management Ltd Jago t.1.anaging Agen~·ltd Christopherson Heath Ltd Sturge Non·Marine S)1ldicatc Management Ltd Grayen & TUling (Undernnting Agen"cs) Ltd CoteswoM &. CompUl)'ltd Wren S~1ld.icate Managemcnt Ltd Tower Managing Agents Ltd Clarcmounl UruSm,1iting AgcnC)" Ltd Merchant Eliot V/W Ltd AshlC'" Palmer S'1ldicatc Ltd Banbide S)1ldic3tes Ltd Cater AJlen S)1ldicatc Managcment Ltd oaa,ian S)'1\dicatc Management Ltd Octa\'ian Sn)'dicate Managemcut Ltd Gravcn &:. Tilling (Underwriting Agencies) Ltd Murray Lawrence k Panncrs Ltd Catcr AJlcn S)'Ddicatc Management Ltd Venton Underwriting Ageudes Ltd Hard)" (\)IA) Ltd Janson Green Ltd Wren S~1ldjca(c M~l;cment Ltd D P Mmtl Undcl"\\T1ting At;ent:\ Ltd Murra~ La"Tcncc &. Panncn. Ltd Banksldc S~1ldJC3'cS Ltd S,cwan SyndIC3\CS Ltd PJ;::c I of ~ LLOYD'S OF LONDON UNDERWRITERS SPONSORING SYNDICATES & MANAGING AGENTS S~·Ddic.lt Numbrr 473 483 484 "88 ..90 500 506 S07 510 529 535 544 545 552 557 S66 570 SS2 SS8 59<1 609 623 62..t 625 658 672 68~ 702 718 724 727 731 734 735 741 '7.t.S 765 766 180 800 807 808 822 823 824 839 SSg 861 902 92(1 92J 925 9,n Managing Acent Wren S)T1dic:ate Management Ltd Methuen CUO)'d" UfW Agenu) Ltd Methuen (Uoyd', UIW Agenu) Ltd ChamwI UndernlitiDs ABmaes Ltd • ROB Undernliting Asencies Ltd Vanguasd UndeJ'l\liting AScnaes Ltd Clarcmount UlldCl"liting Agent)' Ltd Claremount Uo.da\\TiliD& AJCDC)' Ltd R J KilD &:. Co Ltd Sterling Undcrv.TitiDg Asendes Ltd Coteswonh & Co Ltd Tower Managing AgCDU Ltd Srurge A\'iation S)T1dicate Management Ltd M.ander Thomas &:. Cooper (U/A) Ltd R J Kiln &: Co Ltd Bankside S~lIdicates Ltd M H Cockell &: Panners Cassid~ Oa\is Undernliling Ltd Brockbank S)lIdiC3tc Management Ltd L 0 Co~ &: Co LId Atrium Underv.liting Ltd Beazley furlonge Ltd Hiscox S~lIdicates Ltd Histo,,; S~lIdicates Ltd Co,,; Ocu\ian Agen~' Ltd Wellington Unduv.liting Agencies Ltd Janson Oretn Ltd Octa\ian S)lIdicate Manasement Ltd Sturge Non-Marine S)lIdicate Management Ltd AC'l.i\'e Syndicate Management Ltd S A Meacock &: Co C J de Rougem:>nt &:. Compa:l~ Ltd L Q Co~ et Co Ltd Wren S~T1diC3te Management Ltd Tower Managing Agenu Ltd Barder &. Marsh Ltd lU Kiln &. Co Ltd Murra)" LnTCnce &. Panners Ltd B F Caudle Agencies Ltd Wren S)T1dicate ......magement Ltd R J Kiln cl Co Ltd Crowe S)"DdiC3te Management Ltd Murra)' L.a\\TCnce & Panners Ltd MWT3'" U\\TCnce &. PanDers Ltd Murra~'Ul'TCnt: Ii. PanDers Ltd Tow'C( Managing Agenu Ltd Mathuen (UO)'d's urw Agcnu) Ltd Brockbank S)T1dlc:ne Management Ltd p B Coff~ (VIAl Ltd MWT3Y LanTence &. Panners Ltd Tower Manapng Agenu Ltd Sturge A\iation Syndicate Management Ltd To\\'CnnE Man3~lnl! Agents Ltd Pnnlcd (15' J11'9(, P3El: 2 or • .. LLOYD'S OF LONDON UNDERWRITERS SPONSORING SYNDICATES & MANAGING AGENTS 5~'Ddlclte rtumbtr 955 957 9S8 959 %0 963 990 991 994 998 1003 1007 1009 1010 1019 102~ 1027 1028 1036 10~8 10~i " 10SI 1069 l-bnaging AUD' R J Kiln &: Co Ltd Barder &. MaIsh Ltd o S Christensen I. Panners ~ian S)'I1die:ate Management Ltd • Stuz£e A\iation S)lIdicate Management Ltd Crowe S)"Ddicate Management Ltd Morgan Fcnt.lman &. Barger A E Orant (UDden\Titing AgCDdcs) Ltd Tower Managing Agents Ltd Stuzge A\iauoD S~'Ddicate Management Ltd Catlin Underwriting Agcncies Ltd SpretkJC')· Villers Bumhope &. Compan)' Ltd Oct.a\"ian S)lldic:atc Managcment Ltd SprctkJ~' Villers Burnllopc &. Compan~' Ltd Ernest Blackmorc &. Son Ltd Mander Thomas &. Cooper CUIA) Ltd Cox Nc\\1on &. Harmon Ltd WetJinglon Underwriting Agencies Ltd Bankside S)lldicatcs Ltd Venton Underwriting Agencics Ltd Buder l;. Manit Ltd Mumy La\\TCnce &. Panners Ltd Coteswonh & Co Ltd 108~ SlC\\-aJt S~lldicatcs Ltd 1087 1093 1095 1096 1101 Tower Managing Agents Ltd Slerling Undcl"\\Titing Agencics Ltd Wellington Underwriting Agencies Ltd Stewiln S)lldicatcs Ltd Trafallal Undcl'\\Titing Agcncies Ltd IllS Spreckley Villers Burnhopc &:. Compan) Ltd 1119 Jago Managing Agen~' 1I~ 1 J E Mumfurd (1JtA) Ltd Hiscox S)llcticatcs LId Conrell &:. Maguire Ltd 1165 1173 1175 1176 1179 1183 1I8S 1203 1205 Banksidc S)lldicates l.td Cos NC\\10n &:. Harman Ltd R J Kiln &: Co Ltd Veillon Unde1\\TitiDg Agencies Ltd Mum\' U\\Tcnc:c ~ Panners Ltd Spn:ckJ~' Vitlen Bumhopc &. Compan,' Ltd Bankside S~lldicates Ltd 121~ 1.IO)1I's of London S~'Ddic::ate Spn:ckl~' Vallcrs Bumhope &. Compan~' LId Sprccld~' Vl1Jc:rs Burnhopc: & Compan~' Ltd Spn:ckl~' Viii en Burnhopc &:. Companr l.td 1215 Janson Green Ltd 123~ Bankside S)lldicatts Ltd Wellington Unden'Tiun~ Agencies Ltd Cater AJlen S~lldJtatc Managemem Ltd Charman Unden\nung A~encles Ltd ROB Unden\nun£ Agencic~ Ltd LI~d's of London Syndicate 1206 1212 1213 1251 :n22 2~88 2~91l 29"" • • ACCD'T""ct EP-'DtM.'1TV ~ ~S APPIo.UCIO»i INS co or PRO\1DDfct COMP.u.'Y I'OBOX'7~ SOUTH ISTH '600 NOAnt OMAHANE 6I1~ DT I1ml9l JOHNSTONIU m't' c:oaliC WD..1JA,\l R BA>.iIll e:.aaun .aJ.JM.I&l"' ~5oJooo!XTtW ADMJJW.I!"m.'U.'CCE COMP.u....' roBOXmJ CKEIUlYJml.)UDI/l~·mn DT. 0IlI9n( e-wt 1tAnum: CRAV:rOllD NOIlMAN 18E10~E ASSOC1ATID t!'I'1'IIl~AnONAL 1m co 2.160 BVIUlANK BLVD mo 'IOODUND Hn.L5 CA 9U6'7 ~ 1l0000T BLAZER. CPA 1...S9S4600 ADW'nC'!NSVRA'iC[ COMP....I lY UClI )JOl1H CA11SE\Io'AYlIL\'D , 100lJ K:TAllUELA 1UUCQ CGI::Im IlfllNIS L 1l0YCE PO DR.A\\'IJI. IS'" Jl,\TON 1l0UOI LA 'JOI9J.UU Cacla:l: EARl. 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''· POBOX:fn FCIJlT WOJlni lX 76l1WW m 0614/96 CaIId USA FQS1D, 111oJ7UOOO tvDOlll7Ut1JUJ'CC'E COMPAA'" lOlI'ARSOm POND DRM: FJtANP:1JN u.xES NJ G'M1l.:600 CClKl AlJCI u:w M\JI m 06I111~ XllolU-neJO mJt'O DalDallTY COMPAA'" 111 MASSACHUst'TTS AVI)."UI: "·ASHINOTON. DC :10001 m Caua DAN1IL PsnNCDl ::tao6U.c9U Cl\l)£1lQ1UnJlS t'llli "l'Tn' COMJ'A."'\' DGHT OP.m.'V.·AY P1.AZ.A ""0' HOUSTOS TX Tm46 c.a.aa (jUG I ITT om.sos ~9~ l.CI ~1I6 n ~TTItl CAJlrTOL t"iSl1t,-.. CO'U' A.'1:\ ~ PIp.NIm CD-1I1\ rcJ<Ivl,U ,\~~ "TUJ-iA<iA ."•.~(. e - ....... 0 BR\.~l nr.. 41~~!!~Y lUt»19~ 4O&o!9S·99SS WIS1'VIJ' AllJANct ll'S1JJW'ct COMPAA'Y PO BOX 201'15 AU5-m:TX '7I72U ETf. 12117/9C1 DC JnC141.TY 1NS\.1lA'4ct COMP...." " "'OODLAJ-'D HILLS CA 91)67 - toonJ) runoSAL INS1JJUIIct COMPAA'Y 111 la'J\1J,.I VistlRA.. .ct COMPA.''Y seem A '"'D.SON 6O]·951.mo, 'Vt'tS'nJt." WORLD L"lSlJ'1l4.~CI COMP coo PAR.SOll'S PO:'''D DRM: ~v.xISHJ ll'U17-26Ol1 Ccicu4 A1JCI LEW MU1 :I01.c~)JOO m IIVIII9I A.'' 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'700 P1.AZA:I DSEY mY NJ 01l1l·'P904 m IlUU/P4 umsu AV1A.nOS JNSVR.UlC1 COMPAA'l' LTD nJZ\\'JWAAf HOUSt. 1051 MAil Y AXE I.ONDC»l EOA 1£0 EN01..AND llt ICW.... au ~nRNAnOSAL Ul'iSl'RANC1 COMPAN\' LTD rom."fAIN HOUSE. mlJu FENCHURCH ST UNXJN IOU 5DJ ENOlA'm m QSIQW6 C'OMMIRC'IAL VHJON ASS'VRANct COMPANY PLC fT HEl.D"·'S ·11JNDEJl..SJWT taNDON IC3P 1DQ ENGLAND m ll6I1~'1'7 coroco~'LU.TB Jl'(st.'RA."ct COMP4"'''' .t:.L 59j B\JIUWU) 5T moo 80.7All TO\\'tR 3 IRAI'O \lANcot1VD.BIUT1SHCOLUM3" V7X 1(;4 MDmES & MOUNT MICHAEL C GIORDANO 21N6I-IoW FAX. 2U~61~SO CNA tmUltANCE COMPANIES JAMES J N01UUS FAX- JI2-&u~19) MICHAEL C GJORD»IO :m·Z61.aQ) FAX: 211~61.nSO JI2.m-wo MD:DES & MOUNT BUCHALTER NEMER J1E1.DS & YOUNGER JOHN L INGEP.SOU. 213-191.0700 JIJC: 21~9606I()I1 [.I[ UJDlI9S COPC\BAC[N RElSSl1U.'ict COMP...., ,,· t:.K LTD 1SI26 I..D4 mu::r:r lANX)N [e3M 7HR ENOw.-o m OMllilb CAlf 1"CS\IJlA.t;ct COMP.......j · Lm JQ.'JSTDl. 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C GIORDANO 212·261.a.u~ FAX 2J:-261-1'7Ju Appendix D - Insurance State of Tennessee Department of Correction General Insurance Specifications Insurance Company Eligibility Proposals will be accepted from Bidders whose insurance companies are authorized to do business in the State of Tennessee. having a Best's Rating of "A" or better, and a financial size of "Class VIII " or bener, in the latest edition of Best's Insurance Reports. Any deviation from this requirement must be requested in writing b)' October IS. 1996 and necessitate prior wrinen appro\'al from the State of Tennessee, Depanment of Correction. Such approval will be issued in the form of an Addendum to the RFP. Any non-admitted insurer must be on the current approved list ofthe Termessee Depanment of Insurance. A copy of the 1996 White List is anached for )'our reference. wm Contractor and Insurance Company Services Required The following list ofminimum services required must be provided by the successful Contractor's insurance agent and/or by the insurance company(ies): I. Qualified Joss control personnel, either employees or qualified independent contractors, must make inspections of the insured locations for loss prevention purposes for third party and employee exposures. Ifan independent contraetor is used, that organization must be identified in the proposal. 2. A quanerly status of all claims occurring with respect to workers' compensation, general liability, and business automobile liability insurance must be submitted to the State of TeMessee, Depanment of Correction. These reports must include at least the follov.ing information: Amount of claim paid and/or reserved; Claimant information; and Cause and description ofaccident. a. b. c. 3. The Contractor must prepare an annual listing of all State ofTcrmcssee, Dcpanmcnt of Correction insurance policies involved v.;th this project including a discussion of the coverage provided and the estimated annual cost of each policy. Page 1 of 31 Ht.'\ised J0;8/9(, Ma .. j hWt .H.V,,&&4GXW.3.QQi .h..Q. , .. i5. .. , . (.&Wi . ( . .. ,.$.#*", ..... (AP;' ... q:;; t. . .J ;.zp¥. t , ... MWtwZAJ .. ... . .. t """!'; u. 4. At least thirty (30) days prior to each policy anniversary date. the Contractor must provide State of Tennessee, Depanment orCorrcetion with renewal infonnation. including estimated renewal premiums and suggested coverage changes. 5. The Contractor must provide constant monitoring of all companies providing coverage for State of Tennessce. Department or Correction to ensure that the carriers are financially sound. 6. The Contractor must furnish continuing advice and counsel to the State of Tennessee, Depanrnent of Correction as required. Specimen Policies Proposals will be accepted only if accompanied by specimen policies, sho\\ing all terms. conditions and exclusions as well as J::iUfi to be used for audit pwposes. Blank fonns are acceptable provided that aU rates are ShO\\l1 for auditable exposures. Rates may be shown either on the policies or on a separate page. " CnnccliationlNon-Renewnl Unless otheT\\ise instructed, all policies shall be endorsed 'with an agreement that the company \\ill gi\'e ninet)' (90) days prior \\Tinen notice. by registered mail to the State ofTennessee, Dcpanmcnt of Correction, of its intention (l) to cancel, not renew. or make any material change in the current coverages or premiums, or (2) to make any material change in the coverages or premiums on renewal of any policy. Proposals Proposals must be indicated as to separate types ofinsurance. although proposals may be for any package policy or mandatory groupings of coverage. We have enclosed a "Premium Proposal Form" which must be returned with the proposal. Individual premiums and combinations of premiums, to the extent applicable, must be indicated thereon, or on a reasonable facsimile thereof. Proposals will be considered as binding for the first year ofcoverage. except for . changes in hazards or exposure units occwring after the inception of the insurance. The limits oflinbilit)' and the scope of coverages indicated are suggested by the State of Tennessee, Department of Correction as a staning point. Evaluation ofproposals will take into consideration deviations from the enhancements to the Insurance Specifications as set forth in this Addendum to the RFP. Page 2 of 31 3 twa. 51 3.whiM", ... . .n..h h .... ~ ...&.t.4MQ.Q«<!i( .nU.WiQi i .J., A MiII ' W«'im.;W& F}( .at.&! ~4A4 .. , 2& .e,g; ..... t A.4.e.x.c.Q......,....<_· Review of Insurance It is intended that aJJ insurance will be reviewed for contract compliance. However. the State of Tennessee, Department of Correction reserves the right to reject all or any part of the insurance at any time. The review of insurance will be based upon: 1. Scope ofcoverage; 2. Company financial stability, experience and indllStI)' standing: and 3. Underwriting, claims and engineering services. It is considered highl)' desirable to place all of the insurance coverage with one principal company. Therefore, proposals will be evaluated on an overall underwriting basis but the State of TeMessee, Department orCon-eclion may require any combination of coverage as it sees fit. The limirs required by the State of Tennessce, Department of Correcti 00 are the minimum limits acceptablc. Howc\'cr, thcse limits Brc Dot to be construed as being the maximum aD)' prospecth'e contractor rna)' wish to purchase for their own benefit. Nothing herein shall in any way limit the right oCthe State ofTennessee, Department of Correction to recourse to the fullest extent permined by Jaw. As respects the total limits of Iiabilit)· requested, an)' combination of prima')' andlor umbrella conrage rna)' satisfy those totals. However, if an umbrella is used, coverage must be at least as broad as the primaf')' conrages. Named Insured See Attachment I to Appendix D - Insurance found on page 4 of 31. Signafure All proposals v.ill be considered as binding the insurance company. Therefore. each "Premium Proposal Form", or a reasonable facsimile thereof. should be signed by the Contractor's authorized Insurance Company representative who has binding authority. Instructions Pages I through 22 provide details on the scope of coverage specified in this RFP. Pages 23 to 3) should be completed and returned in accordance v.ith the Time Table as set fonh on page 7 of RfS97-329,44-001. . Page 3 of 31 Rr"i5cd J0/8.'96 Attachment I to Appendix D - Insurance Named IDsurcd Unless othcrv.ise instructed, the named insured for all insurance coverages should be: The Contractor; and as respects damages and defense of claims arising from: (a) activities perfonned by or on behalf of the Contractor, (b) products and completed operations of the Contractor, or (c) premises owned. leased, or used by the Contractor; any subsidiary. affiliate, division or subdivision, corporate or otherwise, as may DOW or hereafter be constituted, and any other entity of which the named insured assumes management control; Include as an Additional Insured: " Stale of Tennessee. Depanment of Correction, and All State Officers, employees, and volunteers whether in their official or individual capacities a. in areas where the State of Termessee, Department ofCoJTection, and All State Officers, employees, and volunteers whether in their official or individual capacities are not protected by immunity b. up to the limits of 5300,0001$1,000,000 in areas where the Statets tort liability is limited by T.e.A. 9·8·307(e) as it may be amended or construed by the courts and/or claims commission. Page 4 of 31 . G" i. n (h d aem.. 1 h.b5.&. .'~i.¥.MQi n .. .!t..2.b. I . RAMI .(.un, .. Wh. . i ... t..JiX&&&ZAUUJ•. iZZQ .. .1£..1.(, .. ..tJ.a.e..iQIUWik. ..... 4...w. . .4.g,~AlU£4QWM""'QiQ'Q"""'.:;;;::;. '''orkers Compensation Named Insured: Attachment I to Appendix D - Insurance Co\'erage: StatutOlj' workers compensation and employers liability insurance. Limits: Employers Liability SI,OOO,OOO per accident Insurance 5I,000,000 per employee disease 51,000.000 Policy limit disease or as required by excess insurer. Covered States: Tennessee Scope of Conrage: 1. Other states insurance shall be afforded. 2. The voluntary compensation and employers liabilit)' coverage endorsement is to be attached. 3. Foreign voluntary compensation with repatriation expense at a $10,000 limit shall apply. Include endemic disease. 4. USL&H 5. Repatriation expense v.ith a $100.000 limit shall apply. 6. Coverage for endemic disease to be provided. 7. Coverage shall include stop gap liability - employers HabUit)' in monopolistic states 8. Federal Employers Liability Act wilJ be included 9. Waive liability for any actions against the State of Tennessee Page 5 of 31 t& i OWl RA..t .tooM.&. aQUA ..tiNa; .. Jh.. Mit. ....".::::::::x:....... Ut.. . @.&.4.&.&.%........•.44;; < . A:.V:i!lA :4lQ1h wpm. t .n. . JMtu..t.t.£,J. .+.. - General Liability Excluding Products and Completed Operations Named Insured: Attachment J to Appendix D • Insurance CO\'erage: Quote either the comprehensive: or commercial general liability format on an occurrence basis. A. Comprehensjn General UabiUU' Coverage should include premises. operations, independent contractors. and broad form comprehensive general liability or their equivalent coverages. Limit: $10.000,000 combined single limit B. " Cprnmercjal General Liabilfo' Coverage A should include premises, operations, independent contractors, contractual liability, fire legal liability and broad fonn property damage coverages. Coverage B should include personal injury and advertising injury. Coverage C, medical payments, is not desired. Limits: Each occurrence: QUale $5,000,000 Personal and advertising injury limit: Quote $5,000,000 General aggregate limit: Quote S 10,000.000 Page 6 of 3 J 46.& ..i. ..Qi .it.. ..h •.M.n, :;.t . _ a::zxmnM._":;:;;; . . ; . (..... , .. . .. WUiJA . /h} d.:.am .... @.h.g .<.(&.&&.3.*,e . . . . Scope of Coverage: 1. Provide blanket contractual liability for any agreement relating to the business of the insured, including oral agreements. 2. Coverage to apply to liability arising out of independent contractor operatio~. 3. Employees shalJ be additional insureds while acting within the scope of their duties. 4. Personal injW')' and advertising injury liability shall be included with the emplo)'J11ent and contractual exclusions deleted. s. Provide liquor legal liability coverage. 6. Fire legal liability is to be insured with athnit of $1,000.000 per occurrence for real propeny. 7. Any waiver of subrogation shall be pennined. provided such waiver takes place before the loss and with prior consent of the State of Tennessee. Depanment of Correction. 8. Coverage to include non-owned watercraft liability \vith no length restriction. 9. Bodily injury liability arising trom protecting persons or property to be insured. 10. Incidental malpractice liability coverage to be afforded. 11. Worldwide coverage shall apply for claims or suits brought \\ithin the United States. 12. Delete any explosion. collapse and underground property damage exclusions. 13. Provide broad Conn property damage liability. 14. Delete any alienated premises exclusion. Page 7 of 31 tivhi ; t& tiQl&U ...MiJ.t.ti e.udZZ44Wwu.u.am WZZZ!v.v 360 o::w .. !XJ£WP.&tJ.&.x.xUn .... .WiW.5.&i&.C, " i. . 4A4J.m.4i; vp..2.&t.k£iCt au.NU1.1 15. Notice of occurrence: When an occurrence takes place, \\-'linen notice shall be given by or on behalf ofthe insured to the company or any ofits authorized agents as soon as practicable after the accident or occurrence becomes known to the Risk Manager. 16. Blanket additional insureds: AJJ persons or entities (except vendors) for whom the insured has agreed to provide insurance in accordance v.ith the tenns oforal or wrinen agreements shall be covered as additional insureds. 17. Cross Liability: Employees ofone insured shaH be deemed members of the public as concerns other insureds. Said relationship shall be considered as applying to all ofthe insureds named as such in the definition of insureds. 18. Errors and omissions: Coverage shall not be invalidated or affected by erroTS, inadvenent omissions, or improper descriptions ofpremises or operations described in the policy. 19. Employee benefits liability should be provided with limits ofS1,000,000 each claim or occurrence. Premium to be shown separately. 20. Stand alone coverage for this project is desired. However, if the commercial generalliabiIity fonnat is used, the aggregate limits are to apply per IocatioD Iud per project. 21. Amend the definition of personal injwy to include mental anguish, menta) injwy, humiliation, discrimination and any other injU1')' to the feelings and reputation ofa natural person, except where prohibited by law. Page 8 of 31 Rl·,jl>t'd 10;8/1)(1 A .. num md.tt.t.t.5.&J.&I .( AA;&.i..J.t..i . .& it . ;;;;g,.,g;;;;;;;;;;;;;;;;;::::::::w, , ... M' 111.(\...x.. .Z!!/it.£u.c.u ....ati.. . ... .. un.. 22. Delete any fellow employee exclusion. 23. Failure to give notice: The rights of the insure.d shall not be prejudiced ifthere is a failure to give notice ofOCCUlTence or incident due to the insured's inadveneilt error or omission. 24. Extend coverage to provide sudden and accidental pollution liability. 25. Delete exclusions for personal injury and advertising injury arising oue ofadvenising, publishing, broadcasting or telecasting. 26. Extend the coverage tenitol')' to a worldwide basis without limitations on where claim or suit is brought. 27. Medical and Professional Liability for employed nurses, doctors, anomeys, counselors. ps)'chologists and/or social workers. (Ifnot quoted with general liability, separate quotes should be obtained.) 28. Extend coverage to include sexual abuse/molestation. 29. Extend coverage to include civil rights violations. which wi)) include all claims brought by any persons based in whole or in pan on an alleged violation ofthe federal or state constitutions. statutes or regulations, including but not limited to, suits brought pursuant to 42 U.S.C. 81983. 30. Extend coverage to include communicable disease. 3) . Extend coverage to provide coverage for special or punitive damages where permitted by law or pUblic policy. 32. Coverage to include unlimited defense coverage in addition to limits of liability. 33. Extend coverage 10 include assault and battery as a covered act. Page 9 of 31 Products and Completed Operations Liabilit)' ~amed Insured: Co\'erage: Anachrnent J to Appendix D • Insurance Quote either the comprehensive or commercial general liability format on an gccurrence basis. A. Comprehcnsh'c General Liabilit)' CO\'erage should include products. completed operations, and related broad form comprehensive general liability or their equivalent coverages. Limit: S1OtOOOtOOO combined single limit B. Commercial General LjablJin' Coverage A should include products t completed operations, contractualliabilit)', and related broad form propen)' damage coverages. Ljmjts: Each occurrence: $5.000.000 Products and completed operations aggregate limit: Quote $10.000.000 Scope of Coverage: 1. Provide blanket contractual liability for any agreement relating to the business of the insured, including oral agreements. 2. Employees shall be additional insureds while acting \\ithin the scope of their duties. 3. Any waiver of subrogation shall be pennined, provided such waiver takes place befoTe the loss and \\ith priOT consent of the State of Tennessee, Depanment of Correction. Page 10 of 3 J 4. Worldwide coverage shall apply for claims or suits brought within the United States. 5. Provide broad form property damage liability for completed operations. 6. With respect to the completed OPerations hazard, exclusion "0" or "Z" or its equivalent should be modified to read as follows: With respect to the completed operations hazard and with respect to any classifications stated as "including completed operations", to property damage to that smallest identifiable portion or the work perfonned b)' the named insured or to parts or equipment furnished in cOMcction therewith that is defective or activel)' malfunctions, arising out of the work or portion thereof. If the commercial fonnat is used, paragraph I of exclusion L should be modified as follows: Propeny damage to the smallest identifiable portion of your work arising out of it or an)' part ofit and included in the products/completed operations hazard. 7. Notice of occurrence: When an occurrence takes place. written DOtice shall be given by or on behalfof the insured to the company or any of its authorized agents as soon as practicable after the occurrence becomes knO\\l1 to the Risk Manager. 8. Provide additional insured - vendors coverage on a blanket basis. 9. Cross Liability: Employees of one insured shaH be deemed members of the public as concerns other insureds. Said relationship shall be considered as applying to all of the insureds named as such in the definition of insureds. Page 11 of 31 JO. Errors and omissions: Coverage shall not be invalidated or affected by errors, inadvenent omissions. or improper descriptions of premises or operations described in the policy. 11. Failure to give notice: The rights of the insured shall not be prejudiced if there is a failure to give notice of occurrence or incident due to the insured's inadvertent error or omission. J2. Extend the coverage territory to a worldwide basis without limitation as to where claim or suit is brought. Page 12 of 31 Business Auto Liability Named Insured: Attachment I to Appendix D - Insurance Co\'crage Limits: Insurance to be provided under 8 business auto form: Scope of Coverage: CQ\,craI:CS S)'mbo) Limit Liability Personal Injut)' Protection Uninsured Motorists 1 10 Any Auto 10 Any Auto 55,000,000 55,000,000 55,000,000 1. Notice of accident: When an occurrence takes place, wrinen notice shall be given by or on behalfof the insured to the company or any of its authorized agents as soon as practicable after the accident or occurrence. 2. Failure to give notice: The rights of the insured shall not be prejudiced if there is a failure to give notice of accident or incident due to the insured's inadvertent error or omission. 3. Contractual liability coverage is to be included in the business auto fonn. Contractual liability is to apply for all hired vehicles, regardless ofthe term ofhirc or size of autos. 4. Blanket additional insureds: AU persons or entities for whom the insured has agreed to provide insurance in accordance with the tenns of vehicle leases or other oral or wrinen agreement shall be covered as additional insureds. Page 13 of 31 .5. Errors and Omissions: Coverage shall not be invalidated or affected by any errors, inadvertent omissions or improper descriptions of underwriting infonnation, autos. their use, or garaging locations. 6. Any "fellow employee" suits exclusions shall be deleted utilizing the following: For all employees 7. An "Employees as Insureds" endorsement is to be anached. 8. Include Pollution Liability 9. Provide non-owned auto liabilit)' coverage " Pa~c 14 of 31 ... Owned & Non-Owned Aircraft Liability "amed Insured: Attachment I to Appendix D -Insurance Co\'eragc: Quote o\\ncd and non-o\\l1ed aircraft coverage Limits: $10,000.000 and/or $20,000,000 per occurrence Scope of Covcrage: 1. Include bodily injury, propert)· damage and mental anguish 2. Include bodily injury coverage for passengers (per seat) 3. Include the claims of employees (crew) 4. Coverage to appl)' on Ii worldwide basis 5. Indicate the seating capacity of aircraft owned and/or leased 6. Extend coverage to include contractua1liabiJity, both ,"Titten and verbal 7. Notice of Occurrence: . When an occurrence takes place. written notice shall be given by or on behalf of the insured to the Company or any of its authorized agents as soon as practicable after an accident or occurrence becomes knO\\ll to the Risk Manacer. Page 15 of 31 UmbrellalExcess Liability ~amed Insured: See Attachment I to Appen.dix D • Insurance Coverage Limits: It is pennissible to meet minimum limit requirements in total by using 8 combination of primary and excess policies. Please note that if the excess policy fonn utilized has an overall aggregate policy limit, the total coverage provided must not be less than that which would have been available for any combination of general liability, auto liability and employers liability claims at the primal)' limit minimum specified. Scope of Coverage: "Pay on Beha)fof' policy fonn preferred. ., The excess undernTitcr has reviewed the extensions of primaI')' coverage parts and agrees to follow these fonns by endorsement. Any exceptions to this must be specifically identified. First Dollar Defense coverage is to be provided. Defense without limitation is to be provided in addition to the policy limit. A zero se)f·insured retention is preferred. List any tenns, conditions, or limitations ofcoverage not in common \'lith those ofthe primary insurance specifications. Page 16 of 31 nf.'\hcd ) 0/8/96 :. 2.. 2 i .44&. c... . .6.. nG$Ut&tt.t# .... h.d). .liN t . .;aa.t.i&'$( .... 4..£..X.t..Q.. . Q...Q.Q.Q.: ... :J.v."Wii ... .i.hZu:«!(QAw<.(QQ;PW .t.t.&&.t.t.M( ... ..£.$.5".$iillt... . . dW.Mk Directors & Officers Liabilit}' Named Insured: List insured organization CO\'erage: Quote coverage for Directors and Officers and for Corporate Reimbursement Limits: $JO,OOO.OOO annuBI8ggregatc \\1th (various) deductible (options) for corporate reimbursement I SO retention for individual Directors & Officers Scope of Coverage: 1. Include VvTongful act(s} defined in policy fonn 2. Prior acts coverage should be included (Continuity of Coverage) 3. Include clause stating to the effect that infonnation on the application \\ill not void coverage for all insureds (Se\'erability) 4. Polic)' shall pay 100% excess of retention (No Coinsurance) 5. Include discrimination coverage 6. Include punitive or exemplary damage coverage 7. Include clause which picks up any inadvenent failure to maintain insurance 8. Minimwn discovef)' period of one year 9. Include \\Tongful acts reported during the policy term 10. Failure to file notice: TIle rights ofahe insured shall not be prejUdiced if there is a failure to give notice of an occurrence or incident due to inadvertent error or omission on the part of the insured Page 17 of 31 .4 ,las. $t .. .vi&.v tt.t.t.QhQiQic::::z;g;¥.J. ... ;J"j( AhAtt.l.J.J.&.t! M mw:.J;.h.u.JiQ""""!IJi!i!!'!'!'.M4.a.Z.S ... ¥...,At&tJ.&iM .. Wiii( . Amp,. ....(M.¥.£,M.a, ... muz" ... EW4W.iI& .L».«~ .. 11. Delete the anti-trust exclusion 12. Permit claims brought by governments 13. Include clause stating that coverage will not be invalidated by insured's insolvency 14. Pennit insured vs. insured claims for wrongful tennination 15. Include marital estate extension 16. Delete the RICO exclusion (Racketeering, Influence and Corrupt Organization) 17. Entities coverage: include coverage for the corporation itself, n01 just the Directors and Officers ofsame. ] 8. Include Emplo)11lent Practices Liability (1t is acceptable to provide this CO\'erage under a separate policy fonn with limits equal to the 0&0 limit.) ., Page 18 of 31 Q& IS. . t 5 S.6i6£. .1. .QtiQi ..4.6..!.ti5.J.t.&..&Xt & C-* .it. ....3. .d.,.)atJ. .b.. .....S.mdtt..t .4.e.J,t.&.&.. 4&¥@M4.c. .... w , .v~ ." Environmental Impairment Liability Named Insured: Attachment I to Appendix D -Insurance Co\'erage: Liabilit)· for bodily injUTy and property damage resulting from sudden, accidental or gradual pollution arising from operations conducted by the insured. Limits: S5.000,OOO each poJJution incident 1$10,000,000 aggregate Conrage Locations: 1. All premises 2. Alienated premises (if any present locations are alienatcd). ., Deductible: Specify the deductible which will apply 1. Scope of Co\'cragc: On and off premises clean-up costs, including those for corrective action are to be covered. 2. Employees shall be additional insureds while acting within the scope of their duties. 3. Prior Acts coverage shaJl be afforded, ifcJaims made. 4. The cost ofappeal and defense should be payable in addition to the limits ofJiability. S. The policy is to comply with the requirements ofthe financial responsibility regulations ofthe Environmental Protection Agency regarding petroleum underground storage tanks. 6. Include Extended Reponing Provision; indicate cost, duration and implications if insured cancels. Page 19 of 31 ~ -A y • .. • .. 1.t ... t..t.5.P ~#1l~' . '~i.'i'< .. kitn .. ..siUiii . .. . .... . .4A4..as..,d.3.l.tW$..Pt:p . , .. ..< Ad.t.U.M MiW%. . . /:::mWWMit.. , .),.(.1h.. ,..'((4- Professional and l\1edical Liability (Nurses, Doctors, Attorne)'s, Counselors, Psychologists, Social Workers) J'l'amed Insured: See Attachment] to Appendix D • Insurance and any individual who was, now is or shall be employed as a nurse, doctor, attorney. counselor, psychologist or social worker of the contractor. COHrage: Professional Liability form to insure bodily injury, including mental injury or death, arising out of the rendering or failure to render professional services. Limits: $ 5,000,000 each occurrence; $10,000,000 annual aggregate; " Other at option of the proposer. Scope of Co\"(~ragc: 1. Coverage should be on an occurrence basis m: claims made \\ith a 3 or 5 year tail. 2. FuJI Prior Acts coverage shall be afforded. 3. All proposals should disclose the cost ofan extended reporting provision and the conditions under which it may be purchased. Page 20 of 31 Property I Boiler and Machinery Named Insured: See Attaclunent I • Appendix D • Insurance Coverage: "All Risks" of Physical Loss OT Damage including the perils of earthquake and flood Building· S5.000 Contents· of Contractor on location (contractor \\ill be solely responsible for all loss OT damage to contractor owned proper1)'.) Limits: Sublimits: Transit Extra Expense Electronic Data Processing Expediting Expense Service Interruption (pO & BI) • all utilities Contingent Extra Expense Business Interruption including Ordinary Payroll Offsite Storage Errors & Omissions Mechanical Breakdown. Electrical Arcing Pollution Contamination Personal Property of Employees Contingent Business Intenuption Deductibles: $250 Term & Conditions: 90 day notice of cancellation Repair or Replacement Coverage Automatic Reinstatement of Limits Coinsurance· 100% • Waived Permit Other Insurance Page 21 of 31 Appendix F FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM The goal of this document is to provide adequate security for criminal justice systems while under the control or management of a private entity, the Contractor. Adequate security is defined in Office of Management and Budget Circular A-130 as "security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information." The i~tent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations, and standards as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised. The security program shall include consideration of personnel security, site security, system security and data security. The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting and/or acting on behalf of the government agency. 1.00 Definitions 1.01 Administration of criminal justice - the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage, and dissemination of criminal history record inforrnation;'and criminal justice employment. 1.02 Agency Coordinator (AC) - a staff member of the Contracting Goverl1ment Agency, who manages the agreement between the Contractor and agency. 1.03 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security Addendum. 1.04 Contractor - a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. 1.05 Control Terminal Agency (CTA)- a dUly authorized state or federal criminal justice agency with direct access to the Natidnal Crime Information Center (NCIC) telecommunications network providing statewide (or equivalent) service to its criminal justice users with respect to the various systems managed by the FBI CJIS Division. 1.06 Control Terminal Officer (CTO)- an individual located within the CTA responsible for the administration of the CJIS network . for the CTA. 1.07 Criminal Justice Agency (CJA)- The courts, a governmental agency, or any subunit of a governmental agency which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice. State and federal Inspectors General Offices are included. 1.08 Noncriminal Justice Agency (NCJA) - a governmental dgency or any subunit thereof that provides services primarily for purposes other than the administration of criminal justice. 1.09 Noncriminal justice purpose - the uses of criminal history records for purposes authorized by federal or state law 'other than purposes relating to the administration of criminal justice, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances. 1.10 Security.Addendum - a uniform addendum to an agreement between the government agency and a private contractor, approved by the Attorney General of the United States, which specifically authorizes access to criminal history record information, limits the use of the information to the purposes for which it is provided, ensures the security and confidentiality of the information consistent with existing regulations, provides for sanctions, and contains such other provisions as the Attorney General may require. 2.00 Responsibilities of the Contracting Government Agency 2.01 The CGA entering into an agreement with a Contractor is to appoint an AC. 2.02 In instances in which responsibility for a criminal justice system has been delegated by a CJA to a NCJA, which has in turn entered into an agreement with a Contractor, the CJA is to appoint an Agency Liaison to coordinate activities between the CJA and the NCJA and Contractor. The Agency Liaison shall, inter alia, monitor compliance with system security requirements. In instances in which the NCJA's authority is directly from the CTA, there is no requirement for the appointment of an Agency Liaison. 2.03 The AC will be responsible for the supervision and integrity of the system, training and continuing education of employees and operators, scheduling of certification testing and all required reports by NCIC. 2.04 The AC has the following responsibilities: a Understand the communications and records capabilities and needs of the Contrac~or which is accessing federal and state records through or because of its relationship with the CGA; b Participate in related meetings and provide input and .comments for system improvement; c Receive information from the CGA (e.g., system updates) and disseminate it to appropriate Contractor employees; d. Maintain and update manuals applicable to the effectuation of the agreement, and provide them to the Contractor; e Maintain up-to-date records of employees of the Contractor who access the system, including name, date of birth, social security number, date fingerprint card(s) submitted, date security clearance issued, and date certified or recertified (if applicable); f Train or ensure the training of Contractor personnel. If Contractor personnel access NCIC, schedule the operators for a certification exam with the CTA staff. Schedule new operators for the certification exam within six (6) months of employment. Schedule certified operators for re-certification testing within thirty (30) days prior to the expiration of certification. Schedule operators for·any other mandated class; g. The AC will not permit an un-certified employee of the Contractor to access an NCIC terminal; h Where appropriate, ensure compliance by the Contractor with NCIC validation requirements; i. Provide completed Applicant Fingerprint Cards on each person within the Contractor who accesses the System to the CJA (or, where appropriate, CTA) for criminal background investigat~on prior to such employee accessing the systemiand j. Any other FBI. responsibil~ty for the AC promulgated by the 2.05 The CTA shall ensure that all NCIC hot file transactions and Interstate Identification Index (III) transactions be maintained on an automated log for a minimum of six months. This automated log must identify the operator on III transactions, the agency authorizing the transactions, the requester, and any secondary recipient. This information can be captured at log on and can be a name, badge number, serial number, or other unique number. 3.00 Respo~sibilities of the Contractor 3.01 The Contractor shall maintain a security program which complies with this Security Addendum. 3.02 The Contractor shall assig~ a Security Officer accountable for the management of this security program. This person shall coordinate with the CGA to establish the security program. 3.03 The Contractor shall document the security program in a Security Plan. The Security Plan shall describe the implementation of the security requirements described in this Security Addendum, the associated training program, and the reporting guidelines for documenting and communicating security violations to the CGA. The Security Plan shall be subject to the approval of the CJA, even in instances in which the CGA is the NCJA. 3.04 The Contractor shall provide for a Security Training Program for all Contractor personnel engaged in the management, development, operation, and/or maintenance of criminal justice systems and facilities. Annual refresher training shall also be provided. 3.05 The Contractor shall establish a security violation response and reporting procedure to discover, investigate, document, and report on all security violations. Violations which endanger the security or integrity of the criminal justice system or records located therein must be communicated to the CGA immediately. Minor violations shall be reported to the CGA on a periodic basis, but in no instance less than quarterly. See Section 8.01. 3.06 The Contractor's facilities will be subject to unannounced security inspections performed by the CGA. These facilities are also subject to periodic FBI and stat~ audits. 3.07 The security plan is subject to annual review by the CJA and the Contractor. ,During this review, provision will be made to update the program in response to security violations, changes in policies and standards, and/or changes in federal and state law and technology. 3.08 The Contractor and its employees will comply with all federal and state laws, rules, procedures and policies formally adopted by the FBI and the CJIS APB, including those governing criminal history record information. 4.00 Site Security 4.01 The Contractor shall dedicate and maintain control of the facilities, or areas of facilities, that support the CGA. 4.02 All terminals physically or logically connected to the computer system accessing NCIC and the criminal justice files must be segregated and screened against unauthorized use or observation. 5.00 System Integrity 5.01 Only employees of the Contractor, employees of CGA, the Agency Liaison, and such other persons as may be granted authorization by the CGA shall be permitted access to the system. 5.02 The Contractor shall maintain appropriate and reasonable quality assurance procedures. 5.03 Access to the system shall be available only for official purposes consistent with the appended Agreement. Any dissemination of NCIC data to authorized employees of the Contractor is to be for their official purposes. 5.04 Information contained in or about the system will not be provided to agencies other than the CGA or another entity which is specifically designated in the contract. 5.05 All criminal history record envisioned and authorized by the up-to-date log concerning access history record information shall the Contractor. information requests appended Agreement. and dissemination of be maintained at all must be A current criminal times by 5.06 The Contractor will ensure that its inquiries of NCIC and any subsequent dissemination conforms with applicable FBI/NCIC policies and regulations, as set forth in the NCIC Operating Manual, NCIC and CJIS APB meeting minutes, and all relevant CJIS security documents. All disseminations will be considered as IIUnclassified, For Official Use Only. II 5.07 The Contractor shal persons gaining access t protect against any unauthorized the equipment, any of the data, or the operational documentation for the criminal justice information system. In no event shall copies of messages or criminal history record information be disseminated other than as envisioned and governed by the appended Agreement. 6.00 Personnel Security 6.01 Appropriate background investigations must be conducted on all Contractor employees and the Contractor's vendors which provide system maintenance support. 6.02 Thorough background screening by the CGA is required. This investigation includes submission of a completed applicant fingerprint card to the FBI through the state identification bureau. State and national record checks by fingerprint identification must be conducted for all personnel who manage, operate, develop, access and maintain criminal justice systems and facilities. Record checks must be completed prior to emploYment. 6.03 When a request is received by the CTA before system access is granted: a. The CGA on whose behalf the Contractor is retained must check state and national arrest and fugitive files. These checks are to be no less stringent than those performed on CJA personnel with access to NCIC. b If a record of any kind is found, the CGA will be formally notified, and system access will be delayed pending review of the criminal history record information. The CGA will in turn notify the Contractor-appointed Security Officer. c. When identification of the applicant with a criminal history has been established by fingerprint comparison, the CGA's designee will review the matter. A Contractor employee found to have a criminal record consisting of any felony convictions or of misdemeanor offenses which constitute a general disregard for the law is disqualified. Applicants shall also be disqualified on the basis on confirmations that arrest warrants are outstanding for such applicants. d If an adverse employment determination is made, access will be denied and the Contractor-appointed Security Officer will be notified in writing of the access denial. This applicant will not be permitted to work on the contract with the CGA. Disqualified employees and applicants for employment shall be notified of the adverse decisions and the impact that such records had on decisions and the impact that such records had on such decisions. 6.04 The investigation of the applicant's background shall also include contacting of employers (past or present) and personal references. 6.05 The Security Officer shall maintain a list of personnel who successfully completed the background investigation. 6.06 The CGA will ensure that each Contractor employee receives. copy of the Security Addendum and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the possession of the CGA and availab~e for audit purposes. 6.07 The CGA shall ensure that each Contractor employee authorized to access CJIS network terminals or information provided therefrom is specially trained in the state and federal laws and rules governing the security and integrity of criminal justice information. 6.08 All visitors to sensitive areas of Contractor facilities must be escorted at all times by a Contractor employee with clearance. Names of all visitors shall be recorded in a visitor log, to include date and time of visit, name of visitor, purpose of visit, name of person visiting, and date and time of departure. The visitor logs shall be maintained for five years following the termination of the contract. 7.00 System Security 7.01 Transmission, processing, and storage of CJA information shall be conducted on dedicated systems. Increased reliance should be placed on technical measures to support the ability to identify and account for all activities on a system and to preserve system integrity. 7.02 The system shall include the following technical security measures a unique identification and authentication for all interactive sessions; b if warranted by the nature of the contract, advanced authentication techniques in the form of digital signatures and certificates, biometric or encryption for remote communications; c security audit capability for interactive sessions and transaction based logging for message-based sessions; this audit shall be enabled at the system application level; d access control mechanisms to enable access to be restricted by object (e.g., data set, volumes, files, records) to include the ability to read, write, or delete the objects; e ORI identification and access control restrictions for message based access; f system and data integrity controls; g. access controls on communications devices h. confidentiality controls (e.g., partitioned drives encryption, and object reuse) . 7.03 Data encryption shall be required throughout the network passing through a shared public carrier network. 7.04 The Contractor shall provide for the secure storage and disposal of all hard copy and media associated with the system to prevent access by unauthorized personnel. . 7.05 The Contractor shall establish a procedure for sanitizing all fixed storage media (e.g., disks, drives) at the completion of the contract and/or before it is returned for maintenance, disposal or reuse. sanitization procedures include overwriting the media and/or degaussing the media. If media cannot be successfully sanitized it must be returned to the CGA or destroyed. 8.00 Security violations 8.01 Consistent with Section 3.05, the Contractor agrees to inform the CGA of system violations. The Contractor further agrees to immediately remove any employee from assignments covered by this contract for security violations pending investigation. Any violation of system discipline or operational policies related to system discipline are grounds for termination, which shall be immediately reported to the AC in writing. 8.02 The CGA must report security violations to the CTO and the Director, FBI, along with indications of actions taken by the CGA and Contractor. 8.03 Security violations can justify termination of the appended agreement. 8.04 Upon notification, the FBI reserves the right a Investigate or decline to investigate any report of unauthorized use; b. Suspend or terminate access and services, including the actual NCIC telecommunications link. The FBI will provide the CTO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CJA and Contractor. Upon termination, the Contractor's records containing criminal history record information must be deleted or returned to the CGA. 8.05 The FBl reserves the right to audit the Contractor's operations and procedures at scheduled or unscheduled times. The FBI is authorized to perform a final audit of the Contractor's systems after termination of the Security Addendum. 9.00 Miscellaneous provisions 9.01 This Security Addendum does not ~onfer, .grant, or authorize any rights, privileges, or obligations on any persons other than the Contractor, CGA, CJA (where applicable), CTA, and FBI. 9.02 The following documents are incorporated by reference and made part of this agreement: (a) The III, NCIC, and Uniform Crime Reporting Operating Manuals; (b) The Minutes of the CJIS APB; (c) The Bylaws for the CJIS APB and CJIS Working Groups; (d) Title 28, Code of Federal Regulations, Part 20; (e) The NCIC Security Policy (including all concepts of NCIC Computerized Criminal History Program Background, Concept and Policy); (f) The Recommended Voluntary Standards for Improving the Quality of Criminal History Record Information, NCIC Standards, and UCR Standards, as recommended by the CJIS APB; and (g) Applicable federal and state laws and regulations. 9.03 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto; rather they provide a minimum basis for the security of the system and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Contractor. 9.04 This Security Addendum may only be modified by the FBI, and may not be modified by the parties to the appended Agreement without the consent of the FBI. 9.05 All notices and correspondence ahal Class mail to : 13 be forwarded by First FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM CERTIFICATION I hereby certify that I have read and am familiar with the contents of this Security Addendum, including relevant portions of the underlying documents, including but not limited to the III, NCIC, and UCR Operating Manuals; relevant Minutes of the CJIS Advisory Policy Board; Bylaws for the CJIS Advisory Board and CJIS Working Groups; Title 28, Code of Federal Regulations, Part 20; NCIC Security Policy; Recommended Voluntary Standards For Improving the Quality and Criminal History Record Information; NCIC and UCR Standards; as well as applicable federal or state laws and regulations regarding dissemination of criminal history records for criminal and noncriminal justice purposes. Signature of Contractor Representative Organization and Title I acknowledge that I have read this Security Addendum and understand its contents. Signature of Contractor Employee Date Assistant Director Criminal Justice Information Services Division, FBI ~ooo Custer Hollow Road Clarksburg, West Virginia 26306 APPENDIX G COMPARATIVE EVALUATION GUIDELINES For the Comparative Evaluation of the South Central Correctional Center RFP and Contract Performance November 2, 2001 Table of Contents 1: OVERY) EW..................................•....................•.•..........................•......••......•.......................3 b METHODOLOGy 2.1. 5 PERFORMANCE COMPARISON 2.1.1. 2.1.2. 2.1.3. 5 PERFORA>MNCE EVALUATION MEASURES TYPES OF MEASURES SCORiNG 5 6 6 J: PERFORMANCE EVALUATION INFORMATION COLLECTION ~ PERFORMANCE EVALUATION INFORMATION VALIDATION •••••••••••••••••••••••••••••• 8 5. VALUE AND WEIGHTING OF PERFORMANCE MEASURES 8 ~ CONDUCTING THE PERFORMANCE EVALUATION 8 1. COST COMPARISON 9 7 2 %2, ,iL . l . it 0 ; t .$. .I.SI .0':&&4. Ji ,; .¥.ttiJiXZ4$ .. .d. E.. . .AitM.... .MAi.I. .. ..{Mi, ..... I.t.tiQ ..3.. lit ... .:.z,~"!,,.i!i!!d.t.t, t .....N .««..3.. ... N.h.1 1. OVERVIEW The Public Acts of 2001, Chapter 132 amended TCA Title 41, Chapter24 relative to the comparative evaluation process for private contracts for correctional services. The new language charged the State of Tennessee with establishing objective performance criteria and cost criteria for both the State and the private contractor. These performance and cost criteria are to be used as the basis for a comparative evaluation between the operations of the state's facilities, as set out in the Request for Proposal, and the privately operated facility known as South Central Correctional Center (SCCC). This comparison is to be made after the end of the second full year of operation, but before renewing the initial contract at the end of the three-year contract term. The performance evaluation is to be performed by the Select Oversight Committee on Corrections. The cost comparison is to be compiled by the Fiscal Review Committee. The contract can only be renewed if the contractor is providing essentially the same quality of services as the state at a cost of 5% lower than the state, or if the contractor is providing superior services (greater than 5%) at essentially the same cost as the state. TCA 41-24-105 requires the following: a) Before the awarding of any contact to provide correctional services as defined in Section 41-24-1 04(2)(F), the state shall establish objective performance criteria and cost criteria for both the state and private contractor. The performance criteria shall measure the quality of management, security and safety, personnel training, inmate programs, and treatment and other topics deemed appropriate. The performance criteria and cost criteria shall be established and incorporated as requirements in any proposed request for proposal and any contract and shall be used as the basis for any comparison between the state and any contractor. b) For any contractor to provide correctional services as defined in Section 41-24102(2)(F), the initial contract term shall be for a period of three (3) years in order to allow the contractor sufficient time to demonstrate its performance and to provide sufficient information to allow a comparison of the performance of the contractor to the performance of the state in providing similar services. Provided, however, to allow sufficient time for completion and review of any comparative evaluation, the initial term may exceed three (3) years by a period of up to four (4) months as necessary to make the end of the initial term coincide with the state's fiscal year. The initial contract may include an option to renew for an additional period of two (2) years, subject to the provisions of this section. c) After the first two (2) years of operation, but before renewing the initial contract, the performance of the contractor shall be compared to the performance of the state for similar services as set out in the contract. The contract may be renewed only if the contractor is providing essentially the same quality of 3 .lJX41 ,. a@""... ( ... 0= . , . (V.QQ. .V.V.Vi di..... A. . . .i .. M,6. .. .. AA'N',,&,UU&, . . . WMS.ht.t.t.t:.&M""iii!Ci.. n.v.P iMP a:c:::;~ .. services as the state at a cost of five percent (5%) lower than the state as set out in the contract, or if the contractor is providing services superior in quality to those provided by the state at essentially the same cost as set out in the contract. For the purposes of this statute and comparison, "essentially the same" shall mean the difference is no greater than five (5%). For the purpose of this statute and comparison "superior" shall mean a difference greater than five percent (5%). The methodology for determining the measurement of five (5%) differences shall also be set out in the request for proposal and contract. d) The quality of services provided by the contractor and by the state shall be compared by the select oversight committee on correction, or, in the absence of such committee, a committee designated by the speakers of the senate and house. The committee shall determine the quality of services provided by the contractor and the state by applying the performance criteria set out in the request for proposal and contract pursuant to subsection (a) and provide a numerical score for the state and the contractor. The committee shall report its determination to the parties responsible for determining whether the contract should be renewed. e) The fiscal review committee, or, in the absence of such committee, any other committee designated by the speakers of the senate and house, shall compare the cost measures as established in this chapter and set out in the request for proposal and the contract for service and provide a prisoner per day cost for the state and the contractor. The committee shall report its determination to the parties responsible for determining whether the contract should be renewed. As a means of satisfying the statutory requirement to develop objective performance and cost criteria, the Select Oversight Committee on Corrections (SaCC) director, the sacc consultant, a member of the Fiscal Review Committee, as well as Department of Correction employees with a wide range of correctional expertise, initiated the development of a performance evaluation process and assessment and scoring instruments. It was decided that Northeast Correctional Complex (NECC) and Northwest Correctional Complex (NWCC) are the most comparable state facilities to evaluate and compare with the South Central Correctional Center (SCCC). The two state operated institutions have been selected for previous comparisons because of the similarity in age of the facilities, design of the facilities, and inmate populations. These two facilities continue to be the most comparable. Since the early institution comparisons were made, consolidation of state institutions resulted in other facilities being combined administratively with both NECC and NWCC. These consolidations add some challenges, such as adjusting for differences in the number of inmates, the comparability of inmate populations, etc.; however the evaluation process and instruments have been developed to compensate for these differences through the use of per capita ratios and other scoring measures. 4 XQ."CU,t6J,h,6i&i. AM. v6.£"%Z4A& .Pit. Q.Q.Q.Qi . q,$. ..J4A.i . ... .ia.3M ..&.it.$.£ .. ... t.J.41. .(,C,Q.iJ%%#Q .. .4 .. '£'@(4h.. .Z!!.d.t.. iii( . (Qcv.v.Z.JU.tiS...,i6.v::e::" As the process evolved, the methodological guidance of the Vanderbilt Institute for Public Policy Studies was sought and received. The co-director of the Center for Evaluation and Research Methodology, Dr. Mark Lipsey, assisted in reviewing the evaluation instrument for consistency of methodology. He confirmed that the approach adopted by the evaluation group was a fair way of comparing the performance of all three prisons because the criteria for the comparison apply equally to all three institutions and because the processes necessary to obtain the data required to support the resulting measurements are in place. Resulting from these meetings is the Performance Evaluation process and instrument that is included as a part of the Pro Forma Contract of the Request for Proposal under Appendix G. This instrument, identified as a Performance Evaluation data collection instrument is included with this Overview as Exhibit "A". 2. METHODOLOGY Since renewal of the contract is dependent upon an evaluation of the quality of services as well as the cost to provide those services, it is important that both performance and cost measures be comparable and quantifiable. The following methodology was developed with that in mind. 2.1. PERFORMANCE COMPARISON 2.1.1. PERFORMANCE EVALUATION MEASURES The comparative evaluation is framed around four (4) major categories. Each category has a principal goal that expresses the desired result(s) for that particular category. The categories and goals are as follows: a) Security and Control The goal of the security and control category is that the community, staff, and inmates are protected from harm b) Inmate Care The goal of the inmate care category is that the institution provides for the basic needs, appropriate care, and programming of the inmate population c) Institution Safety & Physical Plant Conditions The goal of institution safety and plant conditions is that the institution environment meets national and state fire and safety codes, health codes and requirements and 5 provides for safe living and working conditions. Emergencies are responded to with order and efficiency d) Institution Administration The goal of institution administration is that the institution is managed in a professional and responsible manner The measurement of how'well the goals have been achieved will be measured in two (2) ways: Outcome Measures and Mandated Practices. Most terms or phrases used in the Outcome Measures and Mandated Practices are defined in Department of Correction policies. An easy reference document with a selection of these definitions is provided with the Performance Evaluation instrument as well. Requests for clarification of terms should be made during the Pre-proposal Conference or should be requested in the form of a Written Comment during the Request for Proposal process. The State's written responses will become part of the final contract. 2.1.2. TYPES OF MEASURES Outcome Measures: Outcome measures measure the results of the institution's operation. Outcome measures look at specific expected results within each major category. Mandated Practices: Mandated practices are those areas of institution operation, which must be effectively accomplished in order to achieve the goal. These mandated practices are items, which are done on a continual basis and are regularly reviewed for compliance with policies, procedures, or other regulations. 2.1.3. SCORING The scoring for the items in the performance evaluation instrument utilizes a deductive method. In this method, each institution starts with the same base score in each of the four categories of interest. Each institution may lose points if it does not meet baseline standards, but each institution may also gain points if they are in full compliance with the mandated items. In the outcome measure section, points are deducted from the base score according to the severity of the institution's deficiency. The scores in these sections generally range from 0 to -4, with 0 assigned to the accepted range based on the average level of the three institutions' previous performance on a particular item and -4 assigned to extremely deficient performance on the item. On some items in this 6 section, an institution may score greater than -4 points. This range of scoring was reselVed to the most serious items, such as events of escapes, riots. hostages being taken, homicides, and suicides. In the mandated practices section, the institutions may be given additional points. The scores in this section are either 0 or 2, with 2 points awarded for items if an institution is in 100% compliance and 0 points awarded on those items if an institution is not in 100% compliance based on the latest annual inspection. The last category, Institution Administration, is the only exception. In this category, institutions are awarded 3 points for 100% compliance on each of the mandated items. This was done in an effort to standardize the percentage of total section points an institution may gain from its excellent performance on mandated items. At the end of each category, points from the outcome measure section will be deducted from the base score and points from the mandated section will be added to the score. The resulting score will count for a specified percentage of the entire score. Category Security and Control Inmate Care Institutional Safety Institution Administration TOTAL: Value Percent 35% 30% 20 % 15 % 100% This evaluation instrument will penalize institutions for poor (lower expected) performance but reward institutions for consistently superior performance on the day-to-day operation of their institution. In essence, this method of scoring takes into consideration that problematic events may occur even at the best run institutions, and this instrument seeks to recognize this fact in its attempt to balance the outcome measures and mandated items. A list of variables and the distribution of scoring of items is included with this appendix as Exhibit B. The scoring formula to be used is included as Exhibit C. 3. PERFORMANCE EVALUATION INFORMATION COLLECTION The source of the information needed to document performance will be from the following primary sources: a) The 2003-2004 Annual Inspection Report b) Tennessee Department of Correction records c) Contractor records 7 d) Tennessee Department of Correction and Contractor reports (weekly, monthly, and annual) To ensure fairness during the Fiscal Year 2003/2004 Annual Inspection process, appropriate representatives of both the state and the contractor will participate on the inspection teams at all three institutions, which are involved in the comparison. The Select Oversight Committee on Corrections and the Office of the Comptroller will send a representative to monitor the proceedings. Detailed guidelines for the inspection process shall be drafted by the Department of Correction with assistance from representatives from the Select Oversight Committee on Correction and the contractor as soon as practicable after the awarding of the bid. The guidelines shall include the make up of the membership of the inspection team, the clarification of TDOC policy and terms used in the performance instrument, and the details of the inspection process. The office of the State Comptroller shall review these guidelines. 4. PERFORMANCE EVALUATION INFORMATION VALIDATION The information supplied by the Department of Correction and the Contractor will primarily be verified from one of two sources: a) Fiscal Year 2003/2004 Annual Inspection b) TOMIS Reports This validation method has been used in previous comparative evaluations. Reliability on this method will be increased with the use of both state and contractor representatives on the inspection teams that review all three institutions. 5. VALUE AND WEIGHTING OF PERFORMANCE MEASURES Each of the four (4) Major Categories was given the aforementioned proportional value based upon the relative importance of that category in comparison with the others. These relative percentage values were arrived at through several discussions involving the SOCC director and consultant, select Department of Correction staff, and a representative for the Vanderbilt institute for Public Policy Studies. 6. CONDUCTING THE PERFORMANCE EVALUATION TCA 41-24-105(d) states that the quality of services provided by the contractor and the state are to be compared by the Select Oversight Committee on Corrections. 8 The SOCC will use the performance criteria established in the Request for Proposal and included in the Contract. The Performance Evaluation instrument and Scoring instrument will be used for this purpose. The state and the contractor will supply any information deemed necessary by the Select Oversight Committee on Corrections to complete the performance portion of the comparative evaluation. The state and the contractor will each appoint one person who will serve as the contact person for the SOCC. Those appointed individuals will be responsible for gathering whatever information is required and transmitting it to the SOCC. The performance evaluation will result in a numerical score for each institution in compliance with TCA 41-24-105(d). An average score for the two state institutions will be calculated to arrive at a single state numerical performance score. The state score will then be compared to the contractor score to determine if the statutory mandates established in TCA 41-24-105(c) have been met. An opportunity will be given to both the State and the Contractor to present facts or evidence to clarify any misunderstandings and correct any perceived misrepresentations of facts and data. The final draft report will be given to both the State and the Contractor for comment before it is delivered to the Select Oversight Committee on Corrections. If either the State or the Contractor choose, they can submit a written response to the final report which will be included when the report is submitted to the SOCC. 7. COST COMPARISON TCA 41-24-1 05(e) requires the Fiscal Review Committee to provide a prisoner per day cost for the State and the Contractor based upon cost measures set out in the Request for Proposal and the Contract. Those costs are to be used in the evaluation to determine if the Contractor is providing essentially the same quality of services as the state at a cost of five percent (5%) lower than the state, or if the Contractor is providing services superior in quality to those provided by the State at essentially the same cost pursuant to TCA 41-24-105(c). The financial information to be compared will be for the Fiscal Year 2003/2004. This is necessary in order to comply with the statutory mandates which state that the comparison is to be made after the second year of the Contract, but before any renewal can occur at the end of the third year. The FY04 information would be the most current information available at the time of the comparison evaluation and will match the review period that will be used for the performance evaluation. The institutions included in the Contract for comparison with the South Central Correctional Center (SCCC) are Northeast Correctional Complex (NECC) and Northwest Correctional Complex (NWCC). The two state operated institutions have been selected for previous comparisons because of the similarity in age of the 9 facilities, design of the facilities, and inmate populations. These two facilities continue to be the most comparable. Since the early institution comparisons were made, consolidation of state institutions resulted in other facilities being combined administratively with both NECC and NWCC. In order to restore a reasonable level of comparability, adjustments will be made for staff and operating costs. The cost comparison will review the full costs of the Contractor with the full costs of the State's comparable facilities (NECC and NWCC). The costs attributable to the Contractor will include any costs of monitoring the Contract incurred by the State, which would not have been incurred by the State otherwise. In addition to monitoring costs, other adjustments and allocations will be made. The cost comparison will be for the period of July 1,2003, through June 30, 2004. Allocations will be based on the following: a) Divide Central Office or Overhead costs between activities involving residential prisoners and other activities based on direct expenditures for residential facilities versus direct expenditures for other activities to obtain a percentage of Central Office or Overhead expenditures applicable to residential facilities. b) Allocate the amount of Central Office or Overhead expenditures applicable to residential facilities based on the census for each residential facility to the total census for all residential facilities. c) Expenditures for revenue generating activities such as commissary, inmate labor, inmate telephones, inmates fines, recycling, and art and craft sales at institutions are to be included in facility expenditures and will be offset by total revenues collected. Costs will be allocated to the South Central Correctional Center for: d) The pro rata costs ofthe Tennessee Offender Management Information System (TOMIS), which are applicable to the handling of information on prisoners assigned to the SCCC facility e) The amounts expended by the State for monitoring the Contractor's operations during the 2003/2004 fiscal year f) The amounts expended by the State for the benefit of the Contractor during the 2003/2004 fiscal year g) Any other amounts expended by the State (including any state agency) which would not have been expended by the State in the absence of the Contract 10 h) State overhead items determined not to be applicable to SCCC will not be added to the Contract cost Adjustments will be also made for: i) Year-end supply inventories j) Equipment items purchased for use in the facilities with a cost in excess of $1,000 will be deducted from the total cost of operations for all facilities. Equipment purchased for use by the State's monitors at SCCC will not be deducted from the State's cost of operating SCCC k) Expenditures for the use of motor vehicles and motorized equipment purchased for use by NECC and NWCC will be reduced by the depreciation/replacement factor included in the reimbursement rate to the Department of General Services The Fiscal Review Committee will further adjust the reported costs to ensure comparability in making the comparison of the relative costs of operating the facilities for the period of July 1, 2003 through June 30, 2004. This would include, but not be limited to the following: I) Any costs that appear to be made ahead of the time needed or are deferred to a subsequent period if, in the opinion of the committee staff, such costs are in an amount sufficient to materially affect the comparison m) The State's or the Contractor's costs for any program or functional areas which it determines to be not substantially comparable to the operations of the facilities being compared n) Any cost items not accounted for in a similar manner 0) Necessary adjustments for population variance to include fixed and variable cost items for payroll and operational support expenditures p) The medical component of cost will be adjusted to equalize the costs of each facility due to the $4,000 stop-loss provision for medical care in the Contract Requests for clarification should be made during the Pre-proposal Conference or should be requested in the form of a Written Comment during the Request for Proposal process. The State's written responses will become part of the final Contract. As required by the Contract, the Comptroller of the Treasury will review all accounting information submitted to Fiscal Review by the Department of Correction, and all accounting information provided by the Contractor to Fiscal Review is to be 11 tEa ... .kM«t.t&.&.(1 Mi.l.. ..:::;:;;: 6&6$£4. "**...... . .. 44&WPM C.4.&.g. h analyzed by an independent accounting firm. The reports generated by those reviews will be utilized during the evaluation process. The Fiscal Review Committee staff will calculate the State's and the Contractor's cost per inmate day. The final draft report will be given to both the State and Contractor for comment before it is delivered to the Fiscal Review Committee. If either the State or the Contractor chooses, they can submit a written response to the final report that will be included when the report is submitted to the Fiscal Review Committee. 12 RFS NO. 329.44-003 AMENDMENT ONE TO CONTRACT FA-02-1486S-00 This CONTRACT, by and between the State of Tennessee, DEPARTMENT OF CORRECTION, hereinafter referred to as the State, and CORRECTIONS CORPORATION OF TENNESSEE, INC. d/b/a CORRECTIONS CORPORATION OF AMERICA. hereinafter referred to as the CONTRACTOR, is hereby amended as follows: Delete Section B.1. in its entirety and insert the following in its place: B. CONTRACT TERM: B.1 2. Contract Term. This Contract shall be effective for the period commencing on March 1,2002, and ending on June 30. 2007. The State shall have no obligation for services rendered by the Contractor which are not performed within the specified period. Delete Section C.1. in its entirety and insert the following in its place: C.1. Maximum Liability. In no event shall the maximum liability of the State under this Contract exceed ONE HUNDRED TWENTY SIX MILLION SEVEN HUNDRED SIXTY NINE THOUSAND SEVENTY DOLLARS ($126,769 t 070.00). The Service Rates in Section C.3 shall constitute the entire compensation due the Contractor for the Service and all of the Contractor's obligations hereunder regardless of the difficulty. materials or equipment required. The Service Rates include, but are not limited to, all applicable taxes, fees, overheads. and all other direct and indirect costs incurred or to be incurred by the Contractor. The Contractor is not entitled to be paid the maximum liability for any period under the Contract or any extensions of the Contract for work not requested by the State. The maximum liability represents available funds for payment to the Contractor and does not guarantee payment of any such funds to the Contractor under this Contract unless the State requests work and the Contractor performs said work. In which case, the Contractor shall be paid in accordance with the Service Rates detailed in Section C.3 and Section AA.aa.5. The State is under no obligation to request work from the Contractor in any specific dollar amounts or to request any work at all from the Contractor during any period of this Contract. The other terms and conditions of this CONTRACT not amended hereby shall remain in full force and effect. H:\Flscal-Contracts\10_18_2004 Beglnnlng\Amendments In Process\CCA 329.44-003\CCA 329.44·003 Amend 1.doc RFS NO. 329.44-003 IN WITNESS WHEREOF: CORRECTIONS CORPORATION OF TENNESSEE, INC. dlbla CORRECTIONS CORPORATION OF AMERICA J~e= ~ • C;;;;p 4l.oo111::a::--c:=>~..;;::o,....----=-D8-=~:""e )~f-Olo.L.:lS _ President and Chief Executive Officer Date APPROVED: DEPARTMENT OF FINANCE AND ADMINISTRATION: M'TG!}ltQI:'-l's!~rw-on-e-r---------J~UD~~-t:-8_2_00_5-------- , \. , '--" _ C i COMPTROLLER OF THE , ;. TREA~fjJRV: ) (I (_0_') _ John G. Morgan, Comptroller of the Treasury H:\Fiscal-Conlracts\10_18_2004 Beginning\Amendments In Process\CCA 329.44-003\CCA 329.44-<l03 Amend 1.doc 2