Division of Specialized Services
4050 Esplanade Way. Suite 335
Tallahassee, Florida 32399-0950
Tel: 850.488-4290

Fax: 850.922-6194
www,dms,MyFloridacom
Governor Charlie C!"ist

Secretary Unda·H South

South Bay Correctional Facility
Operations and Management Contracts, Exhibits and
Addendums
OMS Contract No. 05/06-079

REDACTED for PUBLIC RECORDS
REQUEST

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

We serve those who serve Florida,

SOUTH BAY CORRECTIONAL FACILITY
OPERATIONS & MANAGE:MENT SERVICES CONTRACT

This Contract made and entered into on this
day of ~ ~ 2006, by and between THE
STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, BUREAU OF
PRIVATE PRISON MONITORING (hereinafter referred to as the "BUREAU") and THE GEO
GROUP, INC. (hereinafter referred to as the lTCONTRACTORlT ).
WITNESSETH:
Whereas, it is necessary that budget resources be allocated ~ffectively;
Whereas, the Florida Legislature, Chapter 957, Florida Statutes, authorizes the BUREAU to enter into
a contract with a private entity for the operation, maintenance, and mariagement of a secure
correctional facility housing adult male medium/close custody inmates;
Whereas, an Invitation to Negotiate (DMS 05/06-:079) was issued on November 21, 2005, by the
BUREAU in order to select a CONTRACTOR to operate, maintain, and manage a 1,861-bed,
adult male, medium/close custody security level correctional facility located in Palm
Beach County, Florida.
Now, therefore, in consideration of the agreements contained herein, the parties agree:

ARTICLE ONE
DEFINIIlONS
The following terms used in this Contract shall, unless the context indicates otherwise, have the
meanings set forth below:
ACA: American Correctional Association.
ACA STANDARDS or STANDARDS: The Standards for Adult Correctional Institutions
(Fourth Edition, 2003) published by ACA (as heretofore supplemented and as same may be
modified, amended, or supplemented in the future).
ADDITIONAL SERVICES: Additional operational and management services required to be
furnished by the CONTRACTOR, which are required by changes in ACA Standards, laws,
government policies, regulations, or court orders generally applicable to the BUREAU and which
cause an increase in the cost of operating and managing the Facility.
AGREElVIENT:
The Cooperative Transfer Agreement between the BUREAU, the
CONTRACTOR, and the Florida Department of Corrections (the DEPARTMENT)- which
establishes guidelines for transfer of inmates between the South Bay Correctional Facility and
facilities operated by the DEPARTMENT.
AUTHORIZED REPRESENTATIVE: The person designated in writing to act for and on behalf
of a party of this Contract, which designation has been furnished to the other party hereto. In the
case of the CON1RACTOR, the Authorized Representative shall be designated in writing by its
President or any Vice President. The designation of the CONTRACTOR's initial Authorized
Representative shall be delivered to the BUREAU no later than the effective date of this CQntract.
- The CONTRACTOR's Authorized Representative may designate other persons to assist such
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Authorized Representative in the performance of certain obligations required by this Contract. In
the case of the BUREAU, the BUREAU Chief is hereby designated as its Authorized
Representative. At any time, either party may designate any person as its Authorized
Representative by delivering to the Qther party a written designation signed, if on behalf of the
CONTRACTOR by its President or Vice President, or if on behalf of the BUREAU by the
BUREAU Chief. Such designations shall remain effecttve until new written instruments are
filed with or actual notice is given to the other party that such designations have been-revoked.
BREACH OF CONTRACT: Any of the events or circumstances described in Article 10.
BUREAU: The Florida Department of Management Services, BUREAU of Private Prison
Monitoring.
CLOSE CUSTODY GRADE: Refers to a class of inmates who must' be maintained within an
armed perimeter or under direct, arnied supervision when outside of a secure perimeter. Transport
off institutional grounds requires two armed transport officers and the inmate will be restrained
using handcuffs, waist chains with handcuff cover and leg irons.
CONTRACT: The Operation and Management Services Contract, together with all
attachments and exhibits hereto, and all amendments and modifications hereof
CONTRACT ADMIN1STRATOR: The Department employee who is primarily responsible for
maintaining the official Contract file. As of the Effective Date of the Contract, the Contract
Administrator is Kaye Robertson, 4050 Esplanade Way, Suite 280, Tallahassee, Florida 32399. The
Department may appoint a different Contract Administrator, which shall not constitute an
amendment to the Contract, by sending notice to CONTRACTOR.
CONTRACT DOCUMENTS: The Contract, the Plans, Specifications and Related Construction
Documents, together with the Invitation to Negotiate issued by the BUREAU and the
CONTRACTOR's response thereto, all ofwhich documents are attached hereto by reference and
become a part hereof.· In the event of ambiguity or contradiction among the Contract Documents,
the following order of authority shall apply: this Contract, Invitation to Negotiate,
CONTRACTOR's response' thereto, the Plans, Specifications and Related Construction
.Documents.
CONTRACT MANAGER: The BUREAU employee, the BUREAU Chief or its designee, who is
primarily responsible fOf management and oversight of the Contract and evaluation of the
CONTRACTOR's perfonnance of its duties and obligations pursuant to the terms of the Contract.
The Contract Manager is currently Terry Rocco. The BUREAU may appoint a different Contract
Manager, which shall not constitute an amendment to the Contract, by sending notice .to
CONTRACTOR. Any communication from the CONTRACTOR to the BUREAU relating to the
Contract shall be addressed to the Contract Manager.
CONTRACT MONITOR: The employee or employees of the BUREAU designated to monitor
the operation of the Facility for contract compliance and to coordinate actions and communications
between the 'BUREAUand the CONTRACTOR. The Contract Monitor will be designated by the
BUREAU at the opening of the Facility. The CONTRACTOR will be required monthly to
reimburse the BUREAU for the salary and expenses of the Contract Monitor. Such salary and
expenses will include coverage of employee benefits. The salary -and expenses of the Contract
Monitor may be adjusted annually, subject to legislative appropriations, at a rate not to exceed the
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CONTRACTOR's rate of per diem increase. The Contract Monitor will be the official liaison
between the BUREAU and CONTRACTOR on all on-site matters pertaining to the operation
and management services of the Facility.
COURT ORDERS: Any existing or future orders or judgments issued by a court of compe~ent
jurisdiction or any existing or future stipulations, agreements, or plans· entered into in connection
with litigation that are applicable to the operation, management, or maintenance of the Facility or
.related to the care and custody of inmates at the Facility.
DAY: A calendar day.
DEPARTMENT OR DC: The Florida Department of Corrections.
DMS: The Florida Departme~t ofManagement Services.

FACILITY: The 1,861-bed adult male medium/close custody secure correctional Facility
located in Palm Beach County, Florida, and designed and constructed for the detention adult
male medium/close custody inmates. Further expansion of this Facility may be authorized by
the BUREAU. In the event further expansion of the Facility occurs, ·perdiem and other
adjustments will be made upon mutual agreement of the parties.

FIXED EQUIPMENT: Refers to all equipment and systems necessary to the operation of the
Facility, which are an integral part of, or permanently attached to, a structure, or permanently
connected to the Facility utilities.
FORCE lVT..AJEIJRE means acts of God (i.e., hurricane, tornado, earthquake, natural fire), riot,
act(s) of terrorism, war or national emergency legally excusing the failure to perform any of the
terms and conditions of this Ag.reement.
INMATE: Any person assigned by the DEPARTMENT to be housed at the Facility over which
DMS has contractual authority.
INMATE DAY: .Each day on which an inmate is housed at the Facility, including the first, but not
the last day of incarceration as determined by the midnight count of each day.
LEASED FURNISHINGS AND EQUIPMENT: The items of personal property as described in
Article 4.2 and Exhibit C of this Contract to be financed or refinanced by disbursements from
the Project Account and leased to the BUREAU pursuant to the terms and provisions of the
Lease Agreement.
MANAGEMENT SERVICES AGREEMENT, OR CONTRACT: The management services
agreement or Contract~ together witn all attachments, exhibits, amendments, and modifications
entered into between the BUREAU and the CONTRACTOR
:MEDIUM CUSTODY GRADE: As used herein, refers to a class of inmates who are eligible for
placement at a facility with a secure perimeter and require armed supervision for all movement
outside the secure perimeter. Such inmates may be transported without armed supervision if in a .
secure vehicle that does not leave institutional grounds. Transport off institutional grounds, in
addition to armed supervision, requires a minimum restraint ofhandcuffs.
MOVABLE EQUIPMENT: All furniture and equipment not permanently attached to the Facility.·
OSHA: The Occupational Safety & Health Administration.
PER DIEM RATE: The cost charged per inmate, per inmate day for the delivery of operation and
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management services at the Facility.
PRIVATELY OPERATED INSTITUTION INMATE WELFARE TRUST FUND
(POllWTF): A trust fund account maintained by DEPARTMENT that is required by Section
945.215, Florida Statutes, and into which the net proceeds derived from operating inmate canteens,
vending machines used primarily by inmates, receipts from telephone commissions, and similar
sources shall be deposited monthly.
PUBLIC ENTITY CRIMES: As defined in Section 287. 133(l)(g), Florida Statutes, "public entity
crime" means a violation of any state or federal law by a person with respect to and directly related
to the transaction of business with any public entity or with an agency or political subdivision of any
other state or with the United States, including, but not limited to, any bid or Contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other or of
the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
SERVICE COlVIMENCEMENT DATE: The date on which the CONTRACTOR shall begin
providing operations and management services at the Facility under this Contract, the date which
shall be July 1,2006.
STATE: The State of Florida, including the Florida Department of Management Services or any
other state government entity referenced therein. These terms may be used interchangeably.
SUBCONTRACT: Ap. agreement entered into by the CONTRACTOR with any other person or
entity to perform any performance obligation for the CONTRACTOR specifically related to
securing or fulfilling the CONTRACTOR's obligations to the BUREAU under the terms of this
Contract.
SUBCONTRACTOR: Any person or entity other than an employee of the CONTRACTOR who
performs or agrees to perform any of the CONTRACTOR's obligations under the terms of this
Contract.
UNFORESEEN CIRCUMSTANCES: Those acts or occurrences beyond the reasonable
contemplation of the parties at the time of execution of this Contract that materially alter the
fmandal conditions upon which this Contract is based.
ARTICLE TWO
SCOPE OF WORK
Article 2.1 Purpose. The purpose of this Contract is to establish the terms· and conditions under
which the CONTRACTOR shall operate and manage the Facility.
ARTICLE THREE
TERM OF THE CONTRACT AND REPRESENTATIONS
Article 3.1 Term. This Contract shall commence at 12:01 a.m. on the Service Commencement
Date and terminate three (3) years thereafter, unless terminated earlier pursuant to Article 10 of this
Contract. The BUREAU may renew the Contract for additional two-year periods by giving
written notice to the CONTRACTOR of its desire to do so at least one hundred twenty (120)
days before the original or any subsequent· termination date with concurrence of the
CONTRACTOR.

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Article 3.2 Representations of the BUREAU. The BUREAU represents and warrants to and for
the benefit of the CONTRACTOR, with the intent that the CONTRACTOR will rely thereon for
purposes of entering into this Contract, as follows:
3.2.1 Authorization. This Contract has been duly authorized, executed, and delivered
by the BUREAU and, assuming due execution and delivery by the BUREAU
constitutes a legal, valid, and binding agreement enforceable against the BUREAU in
accordance with its terms.
3.2.2 Disclosure. There is no material fact which materially and adversely affects or in
the future will (so far as the BUREAU can now reasonably foresee) materially and
adversely affect the BUREAU's ability to perform its obligations under this Contract
which has not been accurately set forth in this Contract or otherwise accurately
disclosed in writing to the CONTRACTOR prior to'the date hereof.
3.2.3 Statutory Contingency. The State's performance and obligation to pay under this
Contract is contingent upon an annual appropriation by the Florida Legislature, pursuant to
Section 287.0582, Florida Statutes; the State is not obligated for any payments that exceed
the amount of the current appropriation, pursuant to Section 957.04(l)(h),(2)(d), Florida
Statutes.
Article 3.3 Representations ofCONTRACTOR. The CONTRACTOR represents and warrants to
and for the benefit of the BUREAU, with the intent that the BUREAU will rely thereon for
purposes of entering into this Contract, as follows:
3.3.1 Organization and Oualification. The CONTRACTOR has been duly incorporated and
is validly existing as a corporation in good standing under the laws in its jurisdiction of
incorporation with power and authority to own its properties and conduct its business as '
presently conducted. The CONTRACTOR is duly qualified to do business as a corporation "
"in good standing in Florida.
3.3.2 Authorization. This Contract has been duly authorized, executed, and
delivered by· the CONTRACTOR, and constitutes a legal, valid, and binding
agreement enforceable against the CONTRACTOR in accordance with its terms.
3.3.3 No Defaults under Agreement. The CONTRACTOR is not in default, nor is there any
event in existence which, with notice or the passage of time or both, would constitute a
default by the CONTRACTOR, under any indenture, mortgage, deed of trust, lease, loan
agreement, license, security agreement, cpntract, governmental license or permit, or other
agreement or instrument to which it is a party or by which any of its properties are
bound and which default would materially and adversely affect the
CONTRACTOR's ability to perform its obligations under this Contract.
3.3.4 Compliance with Laws. Neither the CONTRACTOR nor its officers and directors
purporting to act on behalf of the CONTRACTOR have been advised, and have no reason to
believe, that CONTRACTOR or such officers and directors have not been conducting
business in compliance with all applicable laws, rules, and regulations of the
jurisdictions in which the CONTRACTOR is conducting business including all safety
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laws and laws with respect to discrimination in hiring, promotion or pay of
employees or other laws affecting employees generally, except where failure to be so in
compliance would 110t materially and adversely affect the CONTRAcTOR's ability to
perform its obligations under this Contract.
3.3.5 No Litigation. Except as previously disclosed in writing to the BUREAU, there is not
now pending ~or, to the knowledge of the CONTRACTOR, threatened, any action,
suit, or proceeding to which the CONTRACTOR is a party, before or by any court
or governmental agency or body, which might result in any material adverse change in
the CONTRACTOR's ability to perform its obligations under this Contract, or
any s\lch action, suit, or proceeding related to environmental or civil rights matters:
and no labor disturbance by the employees of the CONTRACTOR exists or is
imminent which might be expected to materially and adversely affect the
CONTRACTOR's ability to perform its obligations under this Contract.
3.3.6 Taxes. The CONTRACTOR has filed all necessary federal, state, and foreign
income and franchise tax returns and has paid all taxes as shown to be due thereon; the
CONTRACTOR has no knowledge of any tax deficiency which has been or might be
asserted against the CONTRACTOR which would materially and adversely affect the
CONTRACTOR's ability to perform its obligations under this Contract.
3.3.7 Financial Statements. The CONTRACTOR has delivered, or will deliver, to the
BUREAU copies of the following financial statements with all sub sched,ules _and
footnotes: a balance sheet, profit and loss statement, and a change in financial position
schedule for each of the prior three (3) years. Such financial statements fairly present the
fmandal position of the CONTRACTOR at the date shown and the results of its
operations for the periods covered, and have been prepared in conformity with generally
accepted accounting principles applied on a consistent basis, except as discussed in the notes
to the financial statements.
3.3.8 No Adverse Change. Since the date of the CONTRACTOR's most recent balance
sheet provided to the BUREAU, there has not been any material adverse change in the
CONTRACTOR's business or condition, nor has there been any change :in the assets or
liabilities orfmanc:ial condition of the CONTRACTOR from that reflected in such
balance sheet which is material to the CONTRACTOR's ability to perform its
obligations under this Contract.
3.3.9 Disclosure. There is no material fact which materially and adversely affects or in
the future will (so far as the CONTRACTOR can now reasonably foresee) materially
and adversely affect CONTRACTOR's ability to perform its obligations under this
Contract which has not been accurately set forth in this Contract or otherwise accurately
disclosed in writing to the BUREAU prior to the date hereof. Failure to disclose such
material facts, as described above, is grounds for termination for false representation.
ARTICLE FOUR
POSSESSION
, Article 4.1 Possession of Facilitv. On the Services Commencement Date effective the date of
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this Contract, the BUREAU shall grant to the CONTRACTOR exclusive use, possession,
and control of the land and property comprising the Facility and its grounds, subject to
terms of this Contract and to the right of the BUREAU and other appropriate parties to enter
and/or inspect same. Th~ design of the Facility will be owned by the State of Florida.
On the Services
Article 4.2 Possession of Leased Furnishings and Equipment.
Commencement Date, the BUREAU, will grant the CONTRACTOR exclusive use and
possession, subject to the terms of this Contract, of leased furnishings and equipment as same
is defined and set out in the Design/Build Agreement. Items purchased with state funds are owned
by the State of Florida and shall remain with the Facility in the event of termination arnon-renewal
of this Contract. All furnishings and equipment are State property, except for CONTRACTOR
Property as set forth under Article 4.5.
Article 4.3 Inventorv. As part of CONTRACTOR's initial responsibility, the CONTRACTOR
shall prepare and maintain an inventory of leased furnishings and equipment. Such inventory
shall include the manufacturer, model' number, serial number, monetary value (purchase cost),
and assigned identification number. Leased furnishings, and equipment shall remain part of the
Facility and may not be removed from the Facility, without approval from the Contract
Monitor. The BUREAU shall be entitled to conduct an inventory of leased furnishings and
equipment prior to or within a reasonable time after the Services Commencement Date, and
shall be entitled to conduct an inventory of leased furnishings and equipment throughout the
Term of this Agreement. The CONTRACTOR shall cooperate with the BUREAU in its
conducting of all inventories ofleased furnishings and equipment.
Article 4.4 Replacement of Inventory. The CONTRACTOR, subject only to the facility
furnishings, fixtures, and equipment covered by the "major mamtenance and repair reserve fund"
as described in Article 4.9,'shall replace within sixty (60) days of the date of discovery of loss,
theft, damage' or inoperability beyond repair with equipment having like functional ability,
life expectancy and quality. Such replacement equipment shall ,be added to the inventory
and shall become the property of the State. The Contract Monitor shall be notified quarterly, in
writing, when an item of leased furnishings and equipment is replaced. Such notification
must include all pertinent. information (including a copy of the purchase receipt showing
purchase cost, manufacturer, model number, serial number and assigned identification number)
for the replaced item. Inoperable equipment replaced by the CONTRACTOR shall be disposed
of by the CONTRACTOR with prior approval by the BUREAU.
Article 4.5 CONTRACTOR Propertv. The CONTRACTOR will provide such other
equipment as it deems necessary which shall be clearly identified and inventoried. Ownership
of this property shall remain with the CONTRACTOR and may be removed from the
premises at any time by the CONTRACTOR, provided that any damage to the Facility
'resulting from any removal pursuant to this Article shall be repaired by the CONTRACTOR at the
expense of the CONTRACTOR. Any additional equipment purchased by the CONTRACTOR
during the term of this Contract may be purchased by the BUREAU at the conclusion of the
Contract at the CONTRACTOR's cost, less depreciation. Documentation of costs shall be
provided.
Article 4.6 Sanitation and Hvgiene. The CONTRACTOR shall provide an environmentally
clean, healthy, and safe Facility for both employees and inmates as follows:

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A. Sanitation and hygiene will be maintained at a minimum, at a level equivalent to the

level of DEPARTMENT facilities. All floors, including concrete shall be waxed and
buffed. Cobwebs or dust build-up anywhere, including on ceiling and wall grills, will
be not be accepted. The yards will be free of all trash. All kitchen equipment and
utensils shall be free of grease build-up. ,
B. All areas of the Facility shall be inspected regularly for cleanliness and such inspections

shall be documented.
C. Lighting, ventilation and heating equipment shall be functioning at all times.
, D. No fire, safety or health hazards shall exist.
E. All plumbing equipment, including toilets, sinks, and showers shall be operating
properly at all times. ,
F. All hazardous chemicals shall be inventoried, stored and maintained in accordance with
OSHA's policy and procedures.
G. Food service areas shall be clean and in compliance with applicable state health
regulations.
Article 4.7 Utilities. The CONTRACTOR shall furnish all utilities.
Article 4.8 Maintenance. The CONTRACTOR shall maintain'the physical structure of the
Facility and all tangible personal property contained therein, including leased furnishings and
equipment, in accordance with applicable ACA Standards and Article 4.9, including all
maintenance related to slluctural conditions or defects as well as ordinary routine maintenance, and
will in so doing maintain, preserve and keep the Facility and leased furnishings and equipment
in good repair, working order and condition, subject to normal wear and tear, and will from
time to time make or cause to be made all necessary and proper repairs, including those
identified by self-monitoring and the BUREAU's inspections such that all replacements and
, renewals shall thereupon become part of the Facility. It is specifically understood and agreed
that the CONTRACTOR will develop and implement a preventive and routine maintenance
'plan and will keep maintenance records. During the term of this Contract, the BUREAU shall
have no responsibility, other than that explicitly provided for under Article 4.9, fina.ncial or
otherwise, with respect to maintenance of the Facility. The responsibility for maintenance
of the Facility shall be the sale responsibility of the CONTRACTOR.
The maintenance plan shall include the following:
(1)

Plant equipment;

(2)
(3)

Stmctural maintenance; and
Vehicle preventive maintenance programs

Article 4.9 Major Maintenance and Repair Reserve Fund. The CONTRACTOR shall
make and be responsible for all routine and necessary repairs of the Facility, and
.repairs/replacement of all Facility furnishings, fixtures, and equipment, so long as the cost
associated w!th any maintenance, replacement, or 'repair is $5,000 or less (per item, per
occurrence). Routine and necessary repairs shall be defined as any maintenance or repair
which has a cost of $5,,000 or less (per item, per occurrence). On the first day of each
month, the BUREAU will deduct 1/12 of $187,247.24 ($15,603.94 monthly) from the Facility's
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.man-days billing and transfer said amount to the Grants and Donations Trust Fund.
Requests for reimbursement for maintenance or repair costs in excess of $5,000 shall be
submitted to the BUREAU Chief and, subject to the receipt of written approval from the
BUREAU Chief, the costs of such major maintenance or repairs shall be charged to the Major
Maintenance and Repair Reserve Fund. The BUREAU shall be the owner of such fund, and
the CONTRACTOR shall have no rights, other than as set forth herein, in such fund or in any
fund earnings.
Article 4.10 Access to the Facilitv. The Contract Monitor, the BUREAU Chief, DEPARTMENT
representatives, or other designated representatives and members of the BUREAU shall have access
at all times, with or without notice, to imuates and staff and to all areas of the Facility. Other
BUREAU employees and State officials (including the Governor's Office of Program, Policy and
Government Accountability), on official b'usiness, shall have aCCeSS to the Facility when necessary.
Article 4.11 ExpansionIRenovations. Subject to the prior written approval of the BUREAU,
which approval shall not unreasonably be withheld, the CONTRACTOR shall have the authority,
to remodel the Facility or make substitutions, alterations, additions, modifications, and
improvements to the Facility from time to time (provided the CONTRACTOR does not use a
lesser quality, burden of proof of quality is with the CONTRACTOR), the cost of which
remodeling, substitutions, alterations, additions, modifications, and improvements shall be paid
by the CONTRACTOR, and the same shall become part of the Facility, except that other
alterations may be done at the CONTR.A.CTOR's expense, without prior approval.
Article 4.12 Material Damage or Loss. Promptly after the occurrence of any damage to or loss
at the Facility that materially affects the continued operation of the Facility, the
CONTRACTOR shall notify the BUREAU of such loss or damage and the BUREAU and the
CONTRACTOR shall jointly assess the nature and extent of such damage or loss and, as soon
as practicable thereafter, determine whether it is practicable and desirable to rebuild, repair or
restore such damage or loss. If the BUREAU and the CONTRACTOR determine that such
rebuilding, repairing or restoring is practicable and desirable, the CONTRACTOR shall
forthwith proceed with such rebuilding, repair or restoration and upon the completion thereof,
such rebuilding, repair or restoration shall thereupon become part of the Facility. In such case,
any insurance proceeds received in respect to such damage or loss shall be used for payment
of, or reimbursement for, the costs of such rebuilding, repairing or restoring. In the event such
insurance proceeds are not sufficient to pay in full the costs of such repair, rebuilding or
restoration, the CONTRACTOR is responsible for payment due in excess of insurance proceeds
received. "If the BUREAU and the CONTRACTOR detemline that repairing, rebuilding or
restoration is "not feasible and agre'e in writing not to rebuild, repair or restore the Facility, then
this Contract shall terminate with respect to such Facility thirty (30) days after such determination.
Article 4.13 Vehicles. The CO:NlRACTOR shall purchase and provide all vehicles required for the
operation and maintenance of the Facility. The CONTRACTOR shall have all vehicles properly
insured for comprehensive, collision, property, medical, personal injury, theft and replacement
damages.

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ARTICL.E FIVE
OPERATION
Article 5.1 General Duties. The CONTRACTOR shall provide the operation and management
services and shall operate, maintain, and manage the Facility in compliance with applicable
federal and state constitutional requirements, laws, court orders, and standards (in the case of a
conflict between standards,the more demanding standard will control), whether now in effect
or hereafter effected or implemented, and in accordance with the operational plan, the terms
and conditions contained in this Contract, and any documents referenced therein.
The
CONTRACTOR shall be in compliance with aU applicable ACA Standards .and requirements
for adult correctional institutions, except for ACA Standards from which the
CONTRACTOR has been explicitly exempted in writing by the BUREAU Chief, and shall
maintain ACA accreditation. The CONTRACTOR must submit a written request for any such
exemption to the BUREAU Chief, who may, at his/her sale discretion, grant or deny such
exemption in writing to the CONTRACTOR. Any decision by the BUREAU Chief is [mal and not
subject to appeal or challenge by the CONTRACTOR in any civil or administrative forum, nor
subject to any mediation or arbitration proceedings.
Article 5.2 Fiscal Operations. The CONT~ACTOR shall comply with all of the following'
requirements concerning fiscal operations, including but not limited to, the proper maintenance of
accounting records and the periodic report of financial data in accordance with all auditing
requirements as generally specifi.ed in Articles 5.3 through 5.8.
Article 5.3 Maintenance and Operation of Funds. The CONTR..t..CTOR shall maintain operating
fund accounts segregated into four separate groups of accounts, referred to as budget entities
(Facility operations, health services, substance abuse, and educational services).
.
Article 5.4 Operation of Inmate Bank. The CONTRACTOR shall maintain Inmate Bank funds
separate and apart from other funds and to abide by DEPARTMEN,T policy and procedure
directives as regarding the same.
Article 5.5 Operation of the Privatelv Operated Institutions Inmate Welfare Trust Fund
(POllWTF). The CONTRACTOR shall maintain the Privately Operated Institutions Inmate
Welfare Trust Fund (POIIWTF) accounts in accordance with the all applicable standards and
DEPARTMENT rules and regulations. Funds in the POIIWTF may be appropriated annually by the
Legislature for the benefit and welfare of inmates incarcerated in privately operated correctional
facilities. By July 1 of each year, the CONTRACTOR must submit a list of expenditures to be made
from the trust fund for the next fiscal year to the BUREAU to be reviewed by the Privately Operated
Institutions Inmate Welfare Trust Fund (POITWTF) Committee. The POITWTF Committee will
make its recommendation to the Secretary to be considered by the Legislature in the allocation of
funds. In accordance with 60AA-203.101, Florida Administrative Code, planned expenditures must
cover expenses for unique and innovative programs or items or activities for the inmates at the
Facility. Proposed additional. expenditures for contractually required programs will not be
authorized. Also, the CONTRACTOR must compile a report that documents the actual receipts and
expenditures from this trust fund for the previous fiscal year and the projected receipts· and
expenditures for the next fiscal year, beginning July 1 and ending June 30, and provide such to the
BUREAU.
Expenditures for operational cost and fixed capital outlay made from the POIIWTF must meet
the guidelines of Section 945.215, Florida Statutes, and applicable terms of this Contract.
The vendor is responsible for contracting and overseeing the construction of fixed capital
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outlay projects authorized by the Legislature. All operations and fixed capital outlay projects
and expenditures must be approved by the BUREAU. Expenditures made from the POIIWTF
may not include items "included in the CONTRACTOR's response to the ITN.
Article 5.6 Auditing of Trust Accounts. The CONTRACTOR shall develop and update, as
necessary, with the approval of the BUREAU, administrative procedures to ensure proper
accounting and internal control of the receipts and expenditures of the funds from the Commissary
Account and the POIIWTF. The CONTRACTOR shall have an independent audit of this fund
conducted on an annual basis and the results of the audit will be submitted to the BUREAU.
CONTRACTOR will send to the BUREAU a monthly report of deposits and expenditures'made to
the POIIWTF. This report should include deposits and expenditures made to the commissary
account.
Article 5.7 Financial Reporting. Audited annual financial statement, prepared in accordance with
GASB and clearly distinguishing Imnate Bank and POIIWTF shall be flied not later than July 1st of
each year except as provided for as below:
For the first, or partial year of occupancy:
a.

lithe period of occupancy has been six (6) months or less prior to July 1st
of the succeeding year, the report shall not be due until July 1st of the
second succeeding year.

b.

If the period of occupancy has been greater than six (6) months prior to
July 1st of the succeeding year, the report shall be filed not later than July
1st of the succeeding year.

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

Inmate Bank Fund: Accounting of the Inmate Bank fund and POIIWTF
including a spread sheet showing all account actions for the relevant time
period for each account and the balance if any at the time of submission of
the statement. Also, as to the POIIWTF, the report shall include a
statement of revenues, expenses and changes in retained earnings, and
statement ofbudgeted and actual expenditures (detailed by object code).

Article 5.8 SEC Records. The CONTRACTOR shall, on a timely basis, provide the BUREAU
with copies of all annual reports on Form 10-K, quarterly reports on Form "10-Q and reports on
Form 8-K required to be fIled by the CONTRACTOR with the Securities and Exchange
Commission. Prior to the execution of the resulting agreement, the CONTRACTOR shall provide
the BUREAU with its most recent Form lO-K and any Form 10-Q's or Form 8-K's filed.
Article 5.9 ACA Accreditation. The CONTRACTOR shall maintain ACA accreditation for the
Facility pursuant to and in accordance with the terms of Section 957.04(1)(c), Florida Statutes.
The CONTRACTOR must provide a detailed plan addressing CONTRACTOR's achieving and
maintaining ACA accreditation through the te,rIll of the Contract. The CONTRACTOR shall apply
for no later than sixty (60) days after the Service Commencement Date and achieve ACA
accreditation of the Facility within twelve (12) months after the date the CONTRACTOR applies to
the ACA for accreditation. Once accreditation is achieved, the CONTRACTOR shall maintain it for
the duration of the Contract term. The CONTRACTOR's failure to comply with this section will be
considered a violation of the terms of this Contract, subjecting the CONTRACTOR to the
assessment of liquidated damages andlor termination of the Contract by the BUREAU at the
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BUREAU's discretion pursuant to Article X.
Article 5..10 Classification and Assignment of Inmates.
A.

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

B.

Beginning on the Services Commencement Date, inmates w.i1l be assigned to the
Facility by the DEPARTMENT at a rate not to exceed capacity of the
Facility in accordance with the following:

Adult male, medium/close. custody security level; the inmates transferred by the
DEPARTMENT shall represent a cross section of the adult male, medium/close custody
iinnate population, and be mentally, physically, and medically capable of participating in the
programs; prior completion of the initial classification process at a DEPARTMENT facility;
accompanied by all initial classification and subsequent reviews and other necessary
documentation; accompanied with a complete medical record, including chest X-ray; and
accompanied by docume.ritation of the amount contained in the inmate's Commissary
account with the funds to be forwarded by the DEPARTMENT to the Facility within ten (10) days'
of receipt of the inmate, in compliance with ChapterJ3, Florida Administrative Code.
If an inmate does not meet the qualifications or classification level necessary for classification
to the Facility and the CONTRACTOR is aware of this before acceptance, the CONTRACTOR
may refuse to accept an inmate. If an inmate is later found not to meet the qualifications or
classification level necessary for classification to the Facility,' the CONTRACTOR may request
the transfer of unqualified or improperly classified inmates to a DEPARTMENT facility pursuant
to Articles 5.12 and 5.14.
Article 5.11 Orientation ofInmates. CONTRACTOR shall conduct an orientation program for
newly assigned inmates with the program meeting minimum standards as outlined in Chapter 33601.101, Florida Administrative Code.
Article 5.12 Transfer of Inmates. Certain circumstances may require an inmate's transfer Qut
of the Facility. These circumstances include custody changes resulting from disciplinary
infractions or other behavior in the Facility;. medical and psychiatric transfers, as initiated by
, medical staff at the Facility; disciplinary transfers in accordance with the CONTRACTOR's
disciplinary procedures; emergency transfers that involve extreme circumstances not normally
found at the FacilIty; administrative transfers used in witness protection cases; or to adjust
operational capacities.
.
The CONTRACTOR may request, in writing, that an inmate' be transferred from the Facility.
The BUREAU, the CONTRACTOR, and the DEPARTMENT shall comply with the terms of the
Cooperative Transfer Agreement when transferring inmates between a correctional facility
operated by the DEPi\.RTMENT and a privately operated facility. In the event that a
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cooperative agreement cannot be reached on a transfer request, the BUREAU will have the final
decision on which inmates may be transfen'ed from the Facility. Any decision by the BUREAU
Chief is final and not subject to appeal or challenge· by the CONTRACTOR in any civil or
administrative forum, nor subject to any mediation or arbitration proceedings.
Article 5.13 Release of Inmates. The CONTRACTOR will release inmates in compliance
with the DEPARTMENT's policy pertaining to release and the requirements of Rules 337.006 and 33-7.007, 60AA-7.006, 60AA7.007, F.A.C., which establishes the procedure to be
followed in providing a discharge gratuity and travel to eligible inmates upon their release.
The CONTRACTOR shall follow procedures which are substantially identical to those in Rules 337.006 and 33-7.007, 60AA-7.006, 60AA7.007, F.A.C., and make payment from its fund to
eligible inmates. The DEPARTMENT shall not reimburse the CONTRACTOR for discharge
gratuity payments made.
Article 5.14 Transportation of Inmates. The CONTRACTOR shall not be responsible for
inmate transportation from the DEPARTMEl\l'f to the Facility or from the Facility to the inmate's
be responsible for transporting inmates to the
destination upon transfer. The CONTRACTOR
hospitaL or outside medical appointments, and will be responsible for discharge transportation in
compliance with Rules 33-7.007 and 60AA-7.007. F.A.C., "Discharge Transportation".

will

Article 5.15 Inmate Discipline. The CONTRACTOR will develop and implement a system
of inmate rules and disciplinary procedures in compliance with the Standards and penalties
consistent with those imposed by the DEPARTMENT. Disciplinary hearings will be conducted
by the CONTRACTOR's staff who will make recommendations to the DEPARTMENT
c1a.ssification staff. The DEPARTMENT's classification staff shall either accept those
recommendations or prepare a written statement in which good cause for a rejection of those
recommendations are established. In the event that a recommendation is rejected by the
DEPARTMENT's classification staff, the CONTRACTOR shall have a right of administrative
appeal to the BUREAU Chief. The decision of the BUREAU Chief, in the event of any such
administrative appeal, shall be final and not subject to appeal or challenge by the
CONTRACTOR in any civil or other administrative forum, nor subject to any mediation or
arbitration proceedings.
. Article 5.16 Inmate Visitation. The CONTRACTOR shall provide all space, furniture,
equipment, and supervision necessary to implement a visitation program in compliance with
the Standards. Both contact· and non-contact visitation will be provided as determined by an
inmate's custody level and disciplinary status.
Article 5.17 Drug Testing. The CONTRACTOR shall conduct a random drug testing program
consistent with DEPARTMENT requirements. The program shall include random anabolic steroid
testing of 5% of all certified security staff. Monthly reports must be submitted to the BUREAU
regarding the testing results.
Article 5.18 Inmate Mail and Telephone.
A)

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

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(POII\VTF), using the procedure outlined in Article 5.5. Expenditures from this
trust fund must meet the guidelines of Section 945.215, Florida Statutes, and may
not include items that are part of the Contract. The telephone service provider for
the Facility shall be responsible for the repair and maintenance of any equipment it
installs. However, the CONTRACTOR shall take all reasonable precautions to
prevent damage to the equipment. The CONTRACTOR will provide computer
hardware for administration of the inmate telephone system..Tl1e CONTRACTOR
shall comply with all state, federal and local laws, including the DEPARTMENT's
rules, policies and procedures regarding inmate access to telephones found in
Chapter 33, Florida Administrative· Code.
B)

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

Article 5.19 Use of Force. The CONTRACTOR will develop and implement use of force
policies and procedures in compliance with the Standards.
Article 5.20 Inmate Personal Propertv. The CONTRACTOR shall develop and implement policy
and procedures for handling and disposing of inmate property. Such procedures shall be in
compliance with DEPARTMENT rules, regulations and other applicable standards provided in
Chapter 33, Florida Administrative Code, and the United States Constitution.
Article 5.21 Inmate Grievance Procedure. The CONTRACTOR will develop and implement
an inmate grievancy system that meets or exceeds the requirements of federal guidelines
established under 42 U.S.C. § 1997e (2005).
Article 5.22 Sentence Computation. The CONTRACTOR shall provide the DEPARTMENT
with data and information relating to sentence computation. The decision with respect to sentence
computation rests with the DEPARTMENT.
Article 5.23 Gain Time, Change of Custody and Furloughs. The CONTRACTOR will
provide specific information to the DEPARTMENT for the purposes of award or forfeiture of
gain time, change of custody or granting furloughs with the decision for such resting with the
DEPARTMENT. In the event that a recommendation is rejected by the DEPARTMENT, the
CONTRACTOR shall notify the BUREAU Chief
Article 5.24 Security.
A)

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

2.

Master Menu:
a.

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

b.

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

Delivery of Food:
a.

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

b.

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

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c.

ConfinementfInfrrmary: Inmates who are housed in confinement or
infirmaries shall be fed in the confinement units or infmnary, whichever is
appropriate.

d.

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

3.

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

4.

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

5.

.

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

6.

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

7.

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

8.

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

Article 5.26 Inmate Commissary and Vending Services.
A.

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

B.

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

C.

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

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"Commissary Account."
D.

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

Article 5.27 Health Care Services. The CONTRACTOR will provide medical, dental and
mental health services in compliance with the Standards, that include the following:
DentallPhysicallMental- Health Services: The CONTRACTOR shall· provide, or cause to be·
provided, all dental, physical, and mental health services in accordance with all applicable
Florida laws and consistent with the judicial orders and consent agreements entered into by the
State of Florida in Celestineo v. Singletary. 147 F.R.D. 258 (M.D.F.L. 1993).' The
CONTRACTOR shall be subject to the provisions of Sections 945.601, 945.6035, and 945.35,
Florida Statutes. The CONTRACTOR shall stand in the place of the DEPARTMENT for
purposes of the referenced statutes. Accordingly, the Facility shall be subject to comprehensive
surveys by Florida's Correctional Medical Authority (CMA) of the dental, physical, and mental
health care systems no less than biennially. The CONTRACTOR shall designate a Chief Health
Officer who shall submit reports to the Assistant Secretary of Health Services for all clinical
matters. Any and aU contracts for the provision of dental, physical, and/or mental health services to
an inmate shall be reviewed by the CMA, prior to the operation of said .contracts.- The CMA
reviews and recommendations will be presented to the BUREAU Chief and the
DEPARTMENT. The CMA review will not imply any approval authority by the CMA,over the
contracts prior to operation. Approval authority for any and all contracts will be the sole
responsibility of the BUREAU.
Limitations on inpatient hospitalization costs: If in the opinion of the on-site Chief Health.Officer,
the inmate cannot be properly treated in the facility, helshe shall refer the inmate to a medical
facility that can provide the necessary treatment. A list of medical facilities to which inmates
can be referred for off-site care will be agreed on by the DEPARTMENT and the
In the event that the
CONTRACTOR prior to Service Commencement Date.
DEPARTMENT and the CONTRACTOR cannot mutually agree on a list of medical facilities
that can provide the necessary treatment, the BUREAU will make the fmal decision. Any
decision by the BUREAU Chief is [mal and not subject to appeal or challenge by the
CONTRACTOR in any civil or administrative forum, nor subject to any mediation or arbitration
proceedings. The' CONTRACTOR shall not be responsible for inpatient hospitalization costs,
including any surgery and specialty services, in amounts greater than $15,000 per inmate per
admission, or for costs incurred after five (5) days of hospitalization, whichever comes first. If
inpatient costs exceed $15,000, as described above, any further cost will be assumed by the
DEPARTMENT. If an inmate is considered by the Facility's Chief Health Officer to be
medically, physically, or mentally incapable of participating in the programmatic activities
(which have been specifically designed to reduce recidivism) for greater than two (2) weeks, the
CONTRACTOR may request in writing that the DEPARTMENT either transfer the inmate or
provide in writing to the BUREAU valid reasons for the failure to do so. If it is requested that
the DEPARTMENT transfer. an inmate because the inmate is not medically, physically, or
mentally capable of participating in the programmatic activities, specific infonnation must be
provided that indicates what programmatic activities the inmate is unable to participate in, and
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, an explanation of the cause.
The CONTRACTOR shall be responsible for providing security for any inmate admitted to, a
hospital for the initial period the CONTRACTOR is responsible for inpatient hospitalization '
costs. Should the security provided by the CONTRACTOR continue beyond the initial period
because of the need to provide continuous security, such security shall' be provided by the
CONTRACTOR. However, the CONTRACTOR shall be reimbursed for reasonable costs
associated with sllchsupplemental security. Any such inmate will be included in the
CONTRACTOR's Midnight Strength Report for any midnight during which the
CONTRACTOR is furnishing security for such inmate. The CONTRACTOR shall notify
the BUREAU and the DEPARTMENT as soon as'possible (within twelve (12) hours) any time an
inmate is admitted to a hospital.
Medical Services: The CONTRACTOR wilt be responsible for the following: all inmate medical
costs for care provided at the facility- to include emergency outpatient care, pharmaceutical services,
initial intake screening for medical, dental and mental health pre-existing conditions, detoxification
of substance abusers, medically required eyeglasses, hearing aids, and dentures; regularly scheduled
chronic illness clinics conducted under the direct supervision of the Chief Health Officer for the
following conditions: diabetes; respiratory; cardiovascular; seizure disorder; tuberculosis
preventive therapy; general medicine; immunodeficiency; and hepatitis C; an infectious disease
education program for inmates which will be consistent with the DEPARTMENT's existing
health education program for HIV and AIDS as described in Section 945.35, Florida Statutes.
Testing for HIV infection under the following conditions: upon request by the inmate; when there is
evidence that an inmate, while at the facility, has engaged in high-risk behavior, as established
in Section 945.35, Florida Statutes, for transmitting or contracting HIV; if the inmate has a positive
tuberculosis skin test or active TB; or any other condition deemed medically necessary by the
appropriate medical practitioner; no more than 16% of the population shall be M2 and/or M3
(previously P2 and P3); there can be a 2% variance. No more than 0.5% of the population shall be
M4. No more than 5% of the population shall be HN positive; there can be a 0.5% variance. No
more than 18% of the population shall be S-3 at anyone time; there can be 0.5% variance. No more
than 48% of the population shall be close custody; there can be a 3% variance. The
CONTRACTOR should follow requirements outlined in Section 945.355, Florida Statutes.
Inmate Co-Payment: The CONTRACTOR shall be responsible for collecting a medical co-payment
for each inmate-initiated, non-emergency visit to a health care provider as required by Section
945.6037, Florida Statutes. The fees collected wiUbe retained by the CONTRACTOR and the same
, amount will be deducted from the monthly management payment billmg. All co-payments must be
noted in the Offender Based Information System and accounted for in the medical record. A
monthly report of co-payments will be included with the management payment billing.
Off-site Security for Hospitalization: The CONTRACTOR shall be responsible for providing
security for any inmate admitted to a hospital anytime that the CONTRACTOR is responsible for
inpatient hospitalization costs. Should the security provided by the CONTRACTOR continue
beyond this period because of the need to provide continuous security, such security shall be
provided by the CONTRACTOR.
Chief Health Officer: The CONTRACTOR shall designate a Chief Health Officer (CHO) for the
Facility who shall submit reports to the DEPARTMENT (and Director of Health Services, as
required) for all clinical matters.

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Health Education Program: The CONTRACTOR shall develop, subject to DEPARTMENT
approval, an inmate health education pJ;ogram. To promote this health education process,
informational programs shall be made available based on the requirements of Florida Statutes and
assessed educational needs of the inmates. Selected topics for these programs may include but are
not limited to:

"

1)

Personal hygiene;

2)

Nutrition;

3)

Physical fitness;

4)

Stress management;

5)

Sexually transmitted diseases;

6)

Chemical dependency;

7)

Tuberculosis and other communicable diseases;

8)

Effects of smoking;

9)

HIV/AIDS;

10)

Hypertension/Cardiac;

11)

Epilepsy;

12)

Diabetes;

13)

Dermatology; and

14)

Rehabilitation.

An infectious disease education program for inmates, which will be consistent with
the DEPARTMENT's existing health education program for HIV and AIDS as
described in Section 945.35, Florida Statutes.
Quality Management: The CONTRACTOR shall establish and maintain a Clinical Quality
Management program that maintains full compliance with DEPARTMENT rules and regulations
and the DEPARTMENT Office of Health Services Technical Instructions that pertain to:
1)

Quality Management

2)

Infection Reporting to the Department of Health

3)

Infection Control Program

4)

Medical Peer Review Committees

5)

Clinical Risk Management Program

6)

Mortality Review Program

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

C,urrent illness.

2)

Communicable diseases.

3)

Alcohol/chemical abuse history.

4)

Medications currently being taken.

5)

Dental status.

6)

Chronic health problems.

Observation of:
1)

State of consciousness.

2)

Mental status.

3)

Appearance.

4)

Conduct.

5)

Bodily deformities and ease of movement.

6)

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

Explanation of procedures for access to health and dental services shall be provided
to inmates both orally and in writing via the Inmate Handbook. The handbook will
be provided by the DEPARTMENT, along with additional information necessary to
inform the inmate about unique Facility operations.
Referrals: All routine referrals'shatl be approved by the CRO and outside referrals shall be made
only when appropriate. Coordination and compliance with the DEPARTMENT's utilization review
program requirements is mandatory. Appropriate refertallogs shall be maintained and available for
review upon request.
Staffing of Health Care Professionals: The CONTRACTOR shall employ only candidates who have
appropriate Florida licensure and certification and who have provided documentation of past health
care experience and letters of recommendation. Each candidate will be subject to a credentials
review and approval' process with individual certification that the employee has the requisite
training, experience and licensure or certification necessary to perfOlID the duties assigned. The
credentials process must meet or exceed the requirements ofFlorida Law. All Physicians, Advanced
Registered Nurse Practitioners (ARNPs), Psychologists, Psychological Specialists, Physicians'
Assistants and Dentists or clinical equivalents of these position. titles employed by the
CONTRACTOR shall be credentialed. The CONTRACTOR shall provide a certification statement
on each individual to the Director of the DEPARTMENT Office of Health Services certifying that
the credentials of each individual have been reviewed and he/she is certified as qualified to perform
the duties assigned.
Medical Records: The CONTRACTOR shall ensure that all health care unit staff document each
health care encounter in the Problem-Oriented Medical Record utilizing the SOAP format,
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(including DEPARTMENT approved forms) as outlined in DEPARTMENT rules, Technical
Instructions and Florida Statutes.
.
The CONTRACTOR shall ensure that each health record is complete, accurate and contains
. sufficient documentation to warrant the treatment rendered and that each entry is made in a timely
manner. This shall include requesting, and documenting the request for all available previous
medical records and composing a medical history.
The CONTRACTOR shall ensure that all medical record procedures concerning c<;mfidentiality are
followed. Medical records shall remain the property of the DEPARTMENT and information
contained. in a medical record shall not be released to anyone who is not legally authorized to
receive it.
The CONTRACTOR shall ensure that each medical record meets the provisions in Florida Statutes,
DEPARTMENT rules, Technical Instructions, the· Health Record Manual, HlPAA, and other
applicable laws, rules and regulations.
Other General Health Service Requirements: Routine transportation of inmates for medical visits,
consultations, diagnostics studies and hospital admissions shall be the responsibility of the
CONTRACTOR.
Subject to the approval of the DEPARTMENT, hospitalization or other specialty care which is
required in follow-up to a previous surgery or procedure shall be referred to the provider or Facility
originally providing the services.
CONTRACTOR's personnel shall establish regu.1ar. meetings with representatives from the
designated hospital and other providers to coordinate the referral of inmates. Policies and
procedures shall be developed by CONTRACTOR regarding referral methods, scheduling;
transportation, reporting of test results, medical records, acute care hospitalization and patient
follow-up, subject to approval of the DEPARTMEl\TT.
Article 5.28 Phvsical Health Services.
A.

Chronic illness Clinics: The CONTRACTOR .shall provide regularly scheduled
chronic illness clinics conducted Ul1~er the direct supervision of the Chief Health
Officer for the following conditions:
1)

diabetes;

2)

respiratory;

3)

cardiovascular;

4)

seizure disorder;

5)

tuberculosis preventive therapy;

6)

general medicine;

7)

immunodeficiency; and

8)

hepatitis C.

B.

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

C.

Emergencv Care Services: Emergencies shall be taken .to the nearest hospital
approved by the DEPARTMENT.
The CONTRACTOR shall ensure the

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availability of emergency treatment through predetennined arrangements with local
hospitals. If an inmate should need to be transferred by air, the CONTRACTOR
shall use appropriate aviation assets. All ambulances utilized shall be equipped with
life support systems and shall be operated by personnel trained in life support that
are currently certified by the State of Florida. The CONTRACTOR shall obtain
documentation of State certification and keep it on file at the Facility. The
CONTRACTOR shall be responsible for the cost of all emergency air amb'ulance or
land ambulance transportation.
The following service requirements shall be met to ensure that qualified emergency
treatment is provided:

D.

1)

In-service education on first aid and emergency procedures.

2)

Written policies and procedures concerning emergency transfer and
transportation of inmates.

3)

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

4)

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

5)

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

.

,

HIV Testing: The CONTRACTOR shall provide testing for HN infection under the
following conditions:
.
1)

Upon request by the inmate;

2)

When there is evidence that all inmate, while at the Facility, has engaged in
high-risk behavior, as established in Section 945.35, Florida Statutes, for
transmitting or contracting mv;

3)

If the inmate has a positive tuberculosis skin test or active TB; or

4)

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

E.

Infection Control Program: The CONTRACTOR shall provide for an Infection
Control Program at the Facility. The program will include, but is not limited to,
concurrent surveillance of patients and staff, prevention techniques, and treatment
and reporting of infections in accordance with local and state laws.

F.

Special Medical Programs: The CONTRACTOR shall provide a "special medical
program" for inmates who require close medical supervision including chronic and
convalescent care. The plan of treatment shall include directions. for health care
staff and correctional staff regarding their roles in the care and supervision of the
innlates. The special medical program shall service a broad range of health
problems including but not limited to seizure disorders, diabetes, hypertension and
.AIDS.

G.

Optical Services: The CONTRACTOR shall provide for Optical Services, including
eye eXamIDations performed on-site and in accordance with ACA Standards and
DEPARTMENT bulletins. A qualified optometrist shall examine inmates with
specific complaints. Eyeglasses shall be provided at the inmate's expense unless

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DMS Contract No. 05106·079
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clinically mandated by an ophthalmologist at which time the CONTRACTOR is
fInancially responsible.
H.

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

.1)

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

2)

Daily infIrmary rounds by nursing staff;

3)

24-hour Physician on-call coverage;

4)

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

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

If, in the opinion of the on-site CHO, the inmate cannot be properly treated at the
Facility, the inmate shall be referred to a Facility that can provide the necessary
treatment, which has been mutually agreed to by the DEPARTMENT and
CONTRACTOR to' provide hospital-based services for the DEPARTMENT's
inmates.
Those inmates requiring care beyond the capability of the infirmary shall be
hospitalized at a licensed community Facility. Routine admission from the Facility
shall be made to a hospital Facility approved by the DEPARTMENT.
Recommendations for hospitalization, with the exception of emergency situations,
shall require review and approval by the .on-site CHO. Hospital admissions that
arise from emergency situations shall be reviewed by the on-site CHO within 48
hours of admission.
Treatment, care or medical procedures including but not limited to surgery, or
prosthetics, initiated at the Facility, shall be completed prior the clearance of the
inmate for transfer to another DEPARTMENT facility with the exception of
emergency disciplinary or mental health transfers. Services may be provided at the
receiving Facility and billed to the CONTRACTOR, or with the approval of the
DEPARTMEI\1"f and the BUREAU, the inmate may be returned to the sending
Facilny.
.
The CONTRACTOR shall be responsible for all levels of care, including Secondary
or Tertiary level of care for permanent inmates assigned to the Facility.

Article 5.29 Dental Health -Services. The CONTRACTOR will provide inmate dental health
services that conform to the DEPARTMENT's Dental Care Manual and the Standards in accordance
with:
It

Chapter 466, Florida Statutes

c>

American Correctional Association standards

South Bay Correctional Facility
Operations and Management Contract

DMS Contract No. 05/06-079
Page 24 01'55

June_,2006

•

American Dental Association standards

•

Florida Board of DeI).tistry Rules

..

Center For Disease Control Standards

•

Occupational Safety and Health Administration Standards

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

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

B.

Development of a dental treatment plan that includes:
1)

Prioritization of needs;

2)

Counseling on oral hygiene:

3)

Fillings, cleaning and prosthesis: and

4)

Dentistry based on preventive care and complaint-oriented care.

Article 5.30 Mental Health Services. The CONTRACTOR shall ensure that inmate mental health
care is delivered in a manner that complies with all state and federal laws, rules and regulations
contained herein. The DEPARTMENT publication, "Mental Health Services Plan;" provides
guidelines on how the DEPARTMENT has organized its mental health care system. Inmates are
assigned to a correctional facility according to the mental health grade assigned during the health
assessment each inmate receives upon incarceration with the State. Throughout the term of the
prospective Contract, the CONTRACTOR shall utilize the mental health grading assignment system
utilized by the DEPARTMENT and shall comply with the DEPA_"R..TMENT's Mental Health
. Services Plan.
The C01\rrR.ACTOR shall provide Mental Health Services to inmates that include, but are
not limited to, the following:
.
A.

Screening and orientation of all new arrivals.

B.

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

C.

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

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

D.

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

. E.

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

F.

Psychiatric assessment of those inmates referred for possible phal1l1acological
intervention.

G.

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

H.

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

1

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

J.

Regular group and/or individual counseling for all inmates requiring such pursuant
to DEP.A.RT.l\1ENT standards and the mles and regulations as described herein, and
others in need of treatment.

K.

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

Additional contractual responsibilities will be:
L.

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

M.

Supervision of non-doctoral psychological staffby a doctoral psychologist.

N.

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

O.

. Maintenance oflogs of workload and service delivery.

P.

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

Q..

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

R.

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

T.

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

Article 5.31 Pharmacy Services. The CONTRACTOR shall provide Pharmacy Services and such
services will be p.erformed in strict· compliance with applicable Florida Statutes, Florida Board of
Pharmacy Rules, Federal Dmg Enforcement Administration Rules, DEPARTMENT Policies and
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DMS Contract No. 05/06-079
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Procedures and all other applicable rules and regulations referenced herein~
The Pharmacy shall be permitted to provide all pharmacy services for medication distribution at the
Facility as required by Chapters 465 and 893, Florida Statutes. This may be effected by utilizing
on-site pharmacies, mail order pharmacies or any pharmacy process meeting the requirements in
this section.
The CONTRACTOR shall establish a Facility Pharmacy and Therapeutic Committee that shall
make determinations regarding phamiacy services provided by the CONTRACTOR.
,

,

The CONTRACTOR shall provide coverage on-site or on-call by a licensed pharmacist 24 hours a
day, 7 days a week. Each pharmacist performing services under the Contract shall be reachable by
, beeper.
The CONTRACTOR shall provide, furnish and supply pharmaceutical and drugs to the Facility
utilizing a "unit dose t! method of packaging. Unit doses of medication to be administered by
nursing staff are to be provided in a patient specific format. If each dose is individually labeled and
packaged, the label shall include the drug name, strength, lot number, expiration date and
manufacturer. If a modified unit dose system such as a card or blister pack is utilized, each card or
pack shall be labeled as a prescription. Prescriptions shall minimally be labeled to include the
inmate name and number, drug name, dosage, directions (frequency of administration) prescribing
physician, pharmacist's initials, date, quantity of tablets, manufacturer, lot number and expiration
date and any applicable warnings or dietary instructions.
The CONTRACTOR may provide liquid psychotropic medications in unit 'doses, individually
labeled, with manufacturer, lot number, expiration date and date packaged listed. If the
CONTRACTOR utilizes pill form psychotropic medications, the necessary precautions must be
taken to prevent inmate "cheeking" or other means of retaining medications without ingestion.
The CONTRACTOR shall strictly comply with the DEPARTMENT's formulary in aU cases unless
the DEPARTMENT approves a medication exception request.
The CONTRACTOR shall provide other medications in liquid unit dose properly labeled as
specified by the CHO.
The CONTRACTOR shall provide injectable medications as required.
The CONTRACTOR shall ,provide hypodennic supplies to include needles and syringes and
disposal containers that are tamper proof and puncture resistant. The CONTRACTOR shall be
responsible for appropriate disposal andlor destruction of needles and syringes with documentation.
The CONTRACTOR shall provide on-site STAT dose capability for emergency stock of drugs in
unit dose packages to be used in emergency situations or until regular delivery of medications can
resume. The specific drugs and quantities shall be determined by the CHO in conjunction with the
Facility's Phannacy ,and Therapeutics Committee.
The CONTRACTOR shall provide emergency drugs in sealed emergency kites) as requested by the
CHO.
'
In accordance with all governing DEPARTMENT rules and regulations, the CONTRACTOR shall
provide and fill all prescriptions for inmates leaving on writ or discharge for a maximum of thirty
(30) days or in sufficient quantity to complete the current prescription. In no event shall an inmate
on maintenance medications be released or sent without at least seven (7) days supply of such
medication. The medication should be provided to the transferring officer along with the transfer
summary.
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The CONTRACTOR shall properly package all medications in light and/or humidity resistant
containers as appropriate.
The CONTRACTOR shall label each prescription container to include inmate name, inmate
number, innlate location, date, medication name, strength, instructions, prescribing physician,
quantity, pharmacist's initials, prescription number and'warnings.
The CONTRACTOR shall package non-controlled, non-abusable medications in not more than a
month's supply as directed by the Facility's Chief Health Officer. If the quantity is larger than 120
tablets, the supply shall be dispensed not to exceed 120 tablets with appropri<).te refills.
The CONTRACTOR shall maintain copies of all prescriptions issued to inmates in a permanent file
on-site for a period of three (3) years. Copies will be provided to the DEPARTMENT upon request.
The CONTRACTOR shall maintain appropriate documentation including, but not limited to,
inventory records, controlled drug perpetual inventory, patient profiles and cost data for [mancial
records. All documentation shall be made available for review by the Warden and the
DEPARTMENT Office of Health Services' Director of Pharmacy; or designated representatives of
DMS.
The CONTRACTOR shall document and maintain a medication administration record to include all
information contained on the prescription label and the name of the practitioner who prescribed the
medication.
The CONTRACTOR shall perform in-service training for staff according to a schedule mutually
agreed upon and approved by the DEP.A..RTME1'-IT.
The CONTRACTOR shall provide a licensed pharmacist to perform third party drug utilization
reviews as requested by the DEPARTMENT Clinical Quality Management Committee.
The CONTRACTOR shaH provide a licensed consultant pharmacist to conduct monthly inspections
of all institutional areas where medications are maintained. Inspection shall include, but not be
limited to, the expiration dates, storage and a periodic review of medication records. The consultant
pharmacist's monthly inspection report shall be completed. One copy shall remain in the pharmacy
and a second copy shall be sent to the DEPARTMENT Director of Pharmacy.
The CONTRACTOR shall provide a Pharmacist to serve as chairperson of the Facility's Pharmacy
and Therapeutics Committee and to consult on-site and by telephone with the 'CHO and staff as
requested.
Article 5.32 Laboratorv Services. The CONTRACTOR shall provide Laboratory Services for all '
medically necessary and appropriate diagnostic laboratory procedures in accordance with the
requirements set forth below:
.
All STAT laboratory work shall be performed at a local hospital or accredited laboratory nearest the
Facility. Results shall be telephoned immediately to the requesting physician and a written report
shall follow within 24 hours.
Non-urgent laboratory services may be provided to the Facility by the DEPARTMENT's laboratory
services contracted provider or by the CONTRACTOR under a written arrangement. The most
cost-effective process may be utilized subject, to prior Office of Health Services' approval.
However, the subcontracted laboratory must be in compliance with all applicable requirements of
Chapter 483, Florida Statutes, including Sections 483.011, 483.26 and 483.800 through 483.827,
and the Standards as described herein. If the CONTRACTOR provides any in-house laboratory
testing, it must also be in compliance with the appropriate provisions of Florida law. If only waived
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DMS Contract No. 05/06-079
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tests are conducted, the CONTRACTOR must obtain a Certificate of Exemption from the Agency
for Healthcare Administration.
Services shall include, but not be limited to:
A.

. Laboratory supplies and required equipment (Le., centrifuges).

B.

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

C.

Printer installed
ACCEPTABLE).

D.

Immediate telephone contact with written reporting capability within 24 hours.

at

the

Facility,

to

provide

test

results

(FACSIMILE

NOT

The CONTRACTOR will provide a physician who shall check, initial and date all laboratory results
within an appropriate time, not to exceed 24 hours (weekends excluded), to assess the follow-up
care indicated and to screen for discrepancies between the clinical observations and the laboratory
results. In the event that the laboratory report and the clinical condition of the patient do not appear
to correlate, it shall be the responsibility of the physician to make a clinical assessment, and to
provide appropriate follow-up, which shall include reordering of the lab tests.
Article 5.33 Radiologv Services. The CONTRACTOR shall provide Radiology Services for all
medically necessary and appropriate diagnostic X-ray procedures.
Subject to the prior approval of the DEPARTMENT Office of Health Services. All services shall be
provided in accordance with applicable state and local regulations for equipment and personnel
licensure.
The CONTRACTOR shall ensure that X-ray films are read by a radiologist. The radiologist shall
call the Facility CHO with any report requiring iI:lIDlediate intervention. The CONTRACTOR shall
ensure that a written report, on the appropriate DEPARTMENT form, is forwarded as required. All
emergency X-rays that are required at times other than normal working hours shall be perfornled at
a local Facility. A physician shall review, initial and date all X-ray reports within a reasonable time.
Article 5.34 Inmate Programmatic Services. . The CONTRACTOR shall provide Inmate
Programmatic Services including academic and vocational' programs that have the objective of
reducing recidivism by assuring the successful reintegration of the inmates back into society upon
release from incarceration. Such services shall be initiated upon the Service Commencement Date,
that will be maintained continuously and will be certified by the appropriate governing agency(ies).
Teacher's and Instructor's credentials must meet or exceed all applicable requirements of Florida
Law. The inmate participation requirements set forth in Exhibit 1 shall be reevaluated annually and
adjusted as necessary by mutual agreement of the parties through an addendum to this Contract; any
reduction in inmate participation requirements shall be accompanied by a corresponding reduction
under Article 7.1.
In addition, the CONTRACTOR may utilize volunteers for programs that will contribute to leisure
time, religious educational programs, or that in the COl'.'TRACTOR's judgment may contribute to
inmates' adjustment in the Facility or upon release. Volunteers shall be screened according to the
established DEPARTMENT policy.

All inmate programs are subject to reporting requirements of the state and federal government. All
programs must be offered on a continuous basis. Teacher/instructor ratios are to be reasonable to
accomplish this goa.l, and once approved are subject to the vacant positions clause of the Contract.
The CONTRACTOR shall achieve and maintain performance measures for these programs as stated
in the Contract and shall provide DMS with a quarJ:erly status report indicating whether the
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DMS Contract No. 05/06-079
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programs' goals h?ve been met or the reason why the goals have not been met.
Types of program services to be provided include, but are not limited to the following:
A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

Article 5.35 Proeram Plan. CONTRACTOR shall provide as part of its Contract a plan for
providing academic and vocational programs to inmates ("Program Plan"), to be initiated upon the
commencement date, that will be maintained continuously and certified by the appropriate
governing agency(ies). All programs are subject to reporting requirements of the state and federal
government. All Programs described in the Contract must be offered on a continuous basis.
Teacher/instructor ratios are to be reasonable to accomplish the goal, and once approved are subject
to the vacant positions clause of the Contract. The CONTRACTOR shall achieve and maintain
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DMS Contract No. 05/06-079
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perfonnance measures for these programs and shall provide the BUREAU with a qumterly status
indicating whether the programs' goals have been met or the reason why the goals have not been
met. See Exhibit 1 for a detailed plan.
Article 5.36 Inmate Laundrv and Clothing. The CONTRACTOR will furnish unifonns,
including shoes, for inmates that will be properly sized and fitted, climatically suitable, durable and
presentable. The CONTRACTOR will provide laundry services and clothing in compliance with
the Standards to include, but not be limited to the following:
•

Regular changes of clothing;

•

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

•

Clean bedding and linen.

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

5.38 Librarv. The CONTRACTOR shall provide an inmate library in compliance with the
Standards.

Article 5.39 Access to Courts. The CONTRACTOR shall provide inmates access to courts in
compliance with the Standards as referenced herein and the United States Constitution.
Article 5.40 CONTRACTOR StafImg Requirements.
A.

Staffing Levels and Guidelines as provided by the ACA, illc1uding Inmate to staff
ratio.
The CONTRACTOR shall provide sufficient, qualified personnel to oversee and
. carry out the required operations of the Facility as specified in this Contract.

B.

Equal Employment Opportunity: The CONTRACTOR shall provide written
procedures on recruitment and selection of both objective and subjective merit
principles. Recruitment and selection shall be done without regard to age, race,
color, sex, religious creed, national origin, political opinions, or affiliations, marital
status or handicap, except when such requirement constitutes a bonafide
occupational qualification necessary to perfonn the tasks associated with the
position, equal opportunity practices relating to recruitment, examination,
appointment, training, promotion, demotion, compensation, retention, discipline,
separation, or other employment practices·, The CONTRACTOR is responsible for
maintaining records as required by the federal Equal Opportunity Act.

C.

Vacancies: It is understood and agreed that from time to time a vacancy may
occur in staff positions required by the staffing pattern. For purposes of this
Contract, a vacant position is defmed to occur when the employee assigned to
that position has resigned, been tenninated, or is reassigned to another position.

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A vacancy does not occur when an employee is temporarily absent due to
vacation, sick leave, or other temporary leave condition. A vacant position also
includes a staff position that is filled with a person who does not possess the
training, licensure or credentials required to perform the function. A vacant
position does not include a vacancy in a position on the CONTRACTOR's table of
organization if the CONTRACTOR arranges for the service to be provided by
another appropriately qualified individual, so long as the service is actually
provided on the shift or during the hours and in the manner contemplated by the
agreement. This adjustment shall not be considered a form of liquidated or actual
damages, but is a withholding of payment for a service not provided. After thirty
(30) days, a position that is actually vacant may also be subject to an assessment of
liquidated damages without the necessity of written notice. Any vacant position
shall be filled as soon as possible by the CONTRACTOR.
The
CONTRACTOR shall provide to the BUREAU's Contract Monitor each
month, a list of vacant positions along with a position control
documentation. The CONTRACTOR agrees to exercise due diligence to
attempt to fill any vacant security positions within thirty (30) days of vacancy
and non-security positions, within forty-five (45) days after the date upon which the
position becomes vacant. If the C01'-<"'TRACTOR anticipates a problem in filling a
vacant position within the forty-five (45) day allowance for non-security positions
or the thirty (30) day allowance for security positions, the CONTRACTOR must
request a waiver from the BUREAU on a case-by-case basis to fill a position with
contracted staff. Positions not filled with permanent employees or contracted staff
will incur vacancy deductions. If the CONTRACTOR fiLls a-position with
contracted staff after a waiver has been approved, documentation must be provided
to that effect to the BUREAU's Contract Monitor to be included on the monthly
vacancy report submitted to the BUREAU. A vacancy deduction will continue to
be made for a vacant position until the CONTRACTOR receives fmal approval for
a waiver from the BUREAU. As long as the CONTRACTOR has exercised and
continues to exercise due diligence to fill a position, the fact that the position
remains vacant shall not constitute an Event of Default, but if the
CONTRACTOR has less than the required number of employees for more
than the specified time, deductions for vacancies will be made from the
monthly per diem paid by the BUREAU using the 365-day method inclusive of
benefits, until such time as the position is fIlled permanently or with contracted
staff. The CONTRACTOR shall maintain a file containing job descriptions
for each position contained within the staffing pattern. All security posts will
have a post order with sufficient detail to insure the security person filli.l'lg the
position can accomplish all tasks.
D.

Staff Health Requirements: The CONTRACTOR shall have all staff tested
annually for Tuberculosis, and offer inoculation for Hepatitis B per the
DEi>.A..RTMENT's Blood Borne Pathogens Manual and applicable ACA Standards.

E.

Minimum Required Staffing Positions: As provided by ACA.
a)

Staffing Qualifications: All required personnel" documentation including
certifications shall be maintained at the Facility.

b)

CONTRACTOR Staff Conduct: The CONTRACTOR shall ensure that all

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staff adheres to the following requirements for conduct:
The CONTRACTOR or staff shall not display favoritism to or preferential
treatment of, one inmate or group of il11l).ates over another.
The CONTRACTOR or staff shall not display any favoritism or preferential
treatment to family, friends of employees or inmate family members.
The CONTRACTOR or staff shall not enter into any business relationship
with inmates or their families (example - selling, buying or trading personal
property), or personally employ them in any capacity.
Unless approved in writing by the Contract Manager, the CONTRACTOR
or staff shall have no outside contact (other than incidental contact) with an
inmate residing at the Facility or their family or close associates, except for
those activities which are approved as part of the Contract and part of the
............. ·emplbyee's}ob·desCiiptibii:
The CONTRACTOR or staff shall not engage in any conduct which is
criminal i.n nature or which would bring discredit upon the CONTRACTOR
or the BUREAU. In providing services pursuant to this Contract, the
CONTRACTOR shall ensure that their employees avoid both misconduct
and the appearance ofmisconduct.
Any violation or attempted violation of the restrictions referred to in this
section regarding employee conduct shall be reported by phone and in
writing to the Contract Manager and the Warden, including proposed
corrective action to be taken by the CONTRACTOR. Any failure to repOli
a violation or take appropriate disciplinary actiQn against the offending
party or parties shall subject the CONtRACTOR to appropriate action, up
to and including tennination of this Contract.
The CONTRACTOR shall report any violations detailed above and any
other incident requiring investigation by the CONTRACTOR in writing to
the Contract Manager within 24 hours of the CONTRACTOR's knowledge
of the incident.
The CONTRACTOR shall provide their employees with a copy of these
standards of employee conduct and document receipt of such notification in
the employee's personnel file.
c)

Criminal History Check: The CONTRACTOR shall ensure its officers,
employees or agents, and any subcontractor or subcontracted staff
performing operational and/or management services at the Facility, shall be
subject, at the CONTRACTOR's expense, to a Florida Department of Law
Enforcement (FDLE) Florida Crime Infonnation CenterlNational Crime
Information Center (FCIC/NCIC) crimillal history check. This criminal
history check will be conducted by the State and may occur or re-occur at
any time during the Contract period. The BUREAU has full discretion to
disqualify, prevent, or remove any staff from any work under this Contract.
In order to carry out this criminal history check, the CONTRACTOR shall
provide, prior to commencing services or upon request, the following data
for any individual contractor or subcontractor's staff assigned to the

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-

contract: Full Name, Race, Sex, Date of Birth, Social Security Number,
Driver's License Number and State of Issue.
The CONTRACTOR shall screen all potential employees through referral,
employment and· background checks prior to the individual providing
services, custody, control or supervision to inmates as directed by this
Contract. This screening shall include but not be limited to employment
history, academic/vocational achievement, references, organizational
affiliations and any certifications or licensures.
The CONTRACTOR shall require that aU current and potential employees
provide the details of any of the following criminal background
information:
G

•

Conviction of a felony or first-degree misdemeanor;
Pled nolo contendere or pled guilty to a crime, which is a felony or
fIrst-degree misdemeanor;
Had adjudication of guilt withheld to a crime, which is a felony or a
fIrst-degree misdemeanor; and
.

•

Current pending charges for a violation oflaw.

The CONTRACTOR shall not assign or employ personnel to provide any
services pursuant to this Contract who were convicted of a felony unIe~s
approved in writing by the Contract Manager.
The CONTRACTOR shall ensure that the Contract Manager is provided the
information needed to conduct the NCIC/FCIC criminal history check prior
to any new contractor or subcontractor staff being hired or assigned to work
under the Contract. The CONTRACTOR shall not offer employment to
any individual or assign any individual to work in accordance WIth this
Contract, who has not had an NCIC/FCIC criminal history check conducted
and employment approved by the BUREAU.
The CONTRACTOR shall not hire any individual to provide services as
described in this Contract who has been barred from any BUREAU,
DEPARTMENT or other criminal justice facility.
The CONTRACTOR shall immediately report to the Contract Manager any
new arrest, criminal charges or convictions of any current officer, agent or
employee performing services under this Contract.
Article 5.41 Records and Documentation.
A.

Records Maintenance: CONTRACTOR will provide a records and reporting
system, both manual and computerized, for Facility operations that includes the
following and is compatible with that used by the DEPARl'MENT. Further, the
CONTRACTOR's system will be in compliance with federal, state, and local laws
governing confidentiality and will identify and limit those persons who have control
or access. The system will provide for the following:

a.

Provision of all reports and records necessary for monitoring of any courtordered compliance.

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, b.

B.

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

c.

Signed release of information forms;

d.

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

e.

Referrals to other agencies;

f.

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

g.

Maintenance of records and reports; and,

h.

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

Management Information System: The CONTRACTOR shall install a fully
compatible electronic data processing (EDP) System to Access the Florida Offender
Based Management Information System (OBIS) for information purposes with
regard to inmate transfer, inmate [mandaI records, and classification and heath
services.

Article 5.42 Deliverables. To operate a 1,861-bed, adult male, medium/c1osecustody security
level correctional faci~ity.

Article 5.43 General Reporting Requirements. CONTRACTOR should provide samples of any
current reporting requirements it utilizes.
Article 5.44 Monitoring and Evaluation.
A.

Contract Monitoring/Performance Evaluation Monitoring: At its discretion, the
BUREAU will monitor the CONTRACTOR's performance to ensure compliance in
accordance with all Contract provisions, DMS's instructions, and all applicable
standards, including, but not limited to ACA, Administrative Rules, DMS and
DEPARTMENT guidelines, specifications ofthis CONTRACT, Court Orders and
Decrees.
The Contract Monitor or designated representatives or employees of the BUREAU
may conduct inspections as deemed necessary. The BUREAU shall have the right to
. reasonably prompt access to examine and receive copies, if requested, of all records
of the CONTRACTOR relating to the Facility, including without limitation, all
[mancial books and records, maintenance records, employee records, and inmate
records generated by the CONTRACTOR and its subcontractors, 'or independent
contractors, in connection with the performance of this Contract.
The BUREAU's monitoring activities shall include review of subcontracts as
previously described herein. The Contract Monitor shall provide' the results of
monitoring/inspection activities conducted to the CONTRACTOR in writing. If
CONTRACTOR noncompliance issues are noted during a monitoring activity, each
shall be specifically identified and corrective action shall be recommended with a
.time frame specified to achieve compliance.

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The cost of the Contract Monitor will be a deduction to the monthly invoice
payment to the CONTRACTOR. The actual cost for such deductions will be based
upon the appropriated rate, salary and expense dollars for the function. .
Compensation will be adjusted monthly to reimburse the BUREAU for the salary
and expenses (to include coverage 'of employee benefits) of the Contract Monitor.
Additional deductions will be made for any ad valorem taxes or payment in lieu of
such taxes that may become due on the Facility pursuant to judicial determination or
legislative mandate.
B.

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

Security

2)

Inmate Management and Control

3)
4)

Inmate Programs and Services
Facility Safety and Sanitation

5)

Administration

6)

Food Service

7)

Personnel Practices and Training .

8)

Inmate Health Services

9)

Inmate Dis~ip1ine

Other matters relating to services as determined by the BUREAU.

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

Self-Monitoring; The CONTRACTOR shall continually conduct self-monitoring
utilizing a comprehensive self-monitoring plan providing for both Facility-level
Self-Monitoring and Corporate-level Self-Monitoring. The CONTRACTOR shall
designate an employee as the staff member responsible for continuous selfmonitoring of the Facility. .CONTRACTOR shall provide access to all selfmonitoring to the Contract Monitor.

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

Inmate Work Programs in compliance with the Standards. All inmates will be required to
keep their living areas clean and in addition, work opportunities will be available in the food
service, laundry, maintenance shop, warehouse, and utility squads. DEPARTMENT will be
responsible for approving gain time credit for labor performed. The CONTRACTOR will be
req1,lired to submit an annual report documenting the number of persons who have
satisfactorily completed each of the academic education, vocational education, and
substance abuse components, required to be delivered per the terms. of this Contract and
the CONTRACTOR's response to the ITN. Included in this annual report shall be an update of
the career outlook analysis, concerning information as required in the Cpntract, including: type of
jobs the vocational training prepares the inmates for; estimated job growth, in the State of Florida,
in the fields of training being offered; salary range of the jobs available; and qualifications
·necessary for the jobs.
Article 5.46 Recreation. The CONTRACTOR will provide indoor and outdoor recreation and
leisure time programs for the inmates in compliance with the Standards.
Article 5.47 Safety and Emergencv Procedures. The CONTRACTOR will operate and
maintain the Facility in compliance with applicable federal, state and local safety and fire
codes and in accordance with the Standards.
Article 5.48 Incident Reporting. The CONTRACTOR will follow the policies and procedures
established by the DEPARTMENT and the BUREAU in the reporting of incidents occurring at
the Facility.
ARTICLE SIX
EMPLOYEES
Article 6.1 Independent Contractor. With respect to the performance of the services set
out herein, the CONTRACTOR is and shall continue to be an independent contractor and, subject
to the terms of this Contract, shall have the sole right to manage, control, operate, and direct
the performance of the details ofits duties under this Contract. The CONTRACTOR's agents
and employees shall not accnle from the State, the BUREAU, or the DEPARTMENT any
leave, retirement, insurance, bonding or any other benefit afforded to the employees of the
State, the BUREAU, or the DEPARTMENT as a result of this Contract. The CONTRACTOR,
its agents, and employees shall not be considered agents or employees of the State, the
BUREAU, or the DEPARTMENT.
Article 6.2 Subcontractors. The CONTRACTOR may subcontract for the performance of any of
its responsibilities to provide services pursuant to this Contract, provided. the BUREAU
reviews all procedural, and operational and fixed capital outlay project plans and provides
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written approval, which approval may not be unreasonably withheld. The CONTRACTOR
shall furnish to the BUREAU's Contract Monitor copies of all subcontracts, without regard
to amount of annual payments. Any arrangement by the CONTRACTOR with an affiliate or
member company to provide services to the Facility shall be subject to the subcontractor
provisions of this Article. No contractual relationship shall exist between the BUREAU and any
subcontractor and the BUREAU shall accept no responsibility whatsoever for the conduct,
actions, or omissions of any subcontractor selected by the CONTRACTOR. ' The
CONTRACTOR shall be responsible fot the management of the subcontractor in the
perfonnance of their work. A subcontractor may not work directly with the BUREAU in any
manner and shall not be included in contract negotiations, renewals, audit or any other
discussions except at the request of the BUREAU.
The provisions of law governing the participation 'of minority business enterprises are applicable to
this Contract.
The terms "Certified Minority Business Enterprises" and "MBE(s)" mean only those minority
business enterprises as defined in Section, 288.703(2), Florida Statutes, which possess current
certification issued by DMS' Office of Supplier Diversity.

a

Article 6.3 Personnel. The CONTRACTOR shall at all times provide sufficient trained staff to
provide for and maintain the security, control, custody, and supervision of inmates of the Facility:in
compliance with applicable court orders, the Standards, and this Contract.
Positions will be staffed with qualified employees in accordance with the staffing pattern
attached hereto as Exhibit B.
Sufficient staff shall be employed at all times to assure that all positions identified as critical
complement on the approved staffmg pattern, are manned for each shift, unless a depatture from the
staffmg pattern has been approved in writing by the BUREAU Chief. The C01'l'TRACTOR shall
be required to fili critical complement positions by using overtime or other staff members to
ensure that the staffing levels do not decrease below the established critical complement. The
approved staffing pattern is attached as Exhibit B and herein incorporated by reference.
Part-time cOlTectional officers may be used as long as they are fully traitied and licensed. The use of
part~time correctional officers will be limited to a maximum of 900 hours total per week, per
facility. The use ofp'art-time staffin supervisory positions is forbidden.
Article 6.4 Tmining. The CONTRACTOR will provide training programs in compliance with
the Standards, Chapter 943 and Section 957.05, Florida Statutes, the Florida Department of Law
Enforcement, Division of Training, and Chapter 33, Florida Administrative Code.
ARTICLE SEVEN
COMPENSATION AND ADjuSTMENTS
Article 7.1 Management Payment.
This payment reflects operating costs and does 110t
include debt service numbers. Compensation will be based on two (2) per diem rates: the first
rate is based on 90% occupancy and the second rate is based on the number of inmates
exceeding the 90% occupancy.
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The, BUREAU will compensate the CONTRACTOR at the following per diem rates (per
inmate, per day):
First y~ar (July 1, 2006 - June 30, 2007):
•
•

•
•

$ 45.34 times the minimum occupancy of 90%;
$ 7.96 for each inmate over the minimum occupancy rate of 90%;
The blended per diem rate for the fIrst year shall be: $41.60.
Minus monthly deductions for:
o The Major Maintenance and Repair Reserve Fund set forth in .A1ticle 4.9, in the
monthly amount of $15,603.94.
o The Contract Monitor set forth in Article 5.44, in the monthly amount of $6,076.99.
o Any property taxes or p'ayments in lieu of taxes (PILOT) that may become due on
the Facility pursuant to judicial detennination or legislative mandate.

Second year (July 1, 2007 - June 30, 2008):
..
o

•
•

$ 46.45 times the minimum occupancy of 90%;
$ 8.13 for each inmate over the minimum occupancy rate of 90%;

The blended per diem rate for the second year shall be: $42.62.
Minus monthly deductions for:
o The Major Maintenance and Repair Reserve Fund set forth in Article 4.9, in the
monthly amount of $15,603.94.
o The Contract Monitor set forth in Article 5.44, in the monthly amount of $6,076.99.
o Any property taxes or payments in lieu of faxes (PILOT) that may become due on
the Facility pursuant to judicial determination or legislative mandate.

Third year (Julv 1. 2008 - June 30 2009):
•

$ 47.62 times the minimum occupancy of 90%;

•
•
•

$ 8.37 for each inmate over the minimum occupancy rate of 90%;
The blended per diem rate for the third year shall be: $43.69.
Minus monthly deductions for:
o The Major Maintenance and Repair Reserve Fund set forth in Article 4.9, in the
monthly amount of $15,603.94.
o The Contract Monitor set forth in Article 5.44, in the monthly amount of $6,076.99.
o Any property taxes or payments in lieu of taxes (PILOT) that may become due on
the Facility pursuant to judicial determination or legislative mandate.

Regardless of the number of inmates incarcerated at the facility, the CONTRACTOR is guaranteed
an amount equal to 90% occupancy (1675 inmates) times the 90% per diem rate
subject to legislative appropriations. 'The CONTRACTOR guarantee may be subject to the
following: liquidated damages as set forth in Article 10.11; deductions due to position vacancies as set
forth in Article 5.40; deductions for reimbursement of the Contract Monitor as set forth above;
deductions for the maintenance reserve as set forth in Article 4.9; ad valorem taxes and/or PILOT
payments required, to be paid by CONL'RACTOR by judiciai detennination or legislative mandate, as
set forth in Article 12.7; and any other deduction or charge permitted in this Contract.
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Article 7.2 Invoices. The CONTRACTOR shall submit monthly invoices within ten (10) working
days of the month end, in a format acceptable to the accounting department of the DEPARTMENT,
to the attention of the BUREAU's Contract Manager. Invoices shall be submitted in detail
sufficient for a. proper pre-audit and post-audit thereof. The invoice will reflect the prison
population for each day, midnight count, times the security per diem minus adjustments allowed in
the Contract. The invoice will reflect a separate per diem for programs provided by the
CONTRACTOR. The DEPARTMENT will verify the daily inmate population count. If there is a
discrepancy between the CONTRACTOR's and the DEPARTMENT's counts, the
DEPARTMENT's count will be used in calculating the per diem payment. Invoices will be
adjusted as specified in the Contract.
The BUREAU's Contract Manager or hislher successor shall be responsible for enforcing
performance of the Contract tenns and conditions and he/she shall serve as liaison with the
CONTRACTOR and shall·approve all invoices for payment.
Submit to:
Rhonda Vause, Chief
Bureau ofFinance and Accounting
Florida Department ofCOITections
2601 Blairstone Road .
Tallahassee, Florida 32399-2500

Terry Rocco, Chief
Bureau ofPrivate Prison Monitoring
Florida Department ofManagement Services
4050 Esplanade Way, Suite 335
Tallahassee, Florida 32399-0950
Name and Address of Payee
The name and address of the contact person and official payee to whom the payment shall be made:
George C. Zoley, CEO and Chainnan
. The GEO Group, Inc.
P.O. Box 281560
Atlanta, Georgia 30384-1560

Article 7.3 Interest Penalties. Payment shall be made in accordance with Sections 215.422 and
55.03, Florida Statutes, which state the CONTRACTOR's rights and the BUREAUs responsibilities
concerning interest penalties and time limits for payment of invoices. Vendors providing goods and
services to an agency should be aware of the following time frames. Upon receipt, an agency has
five (5) working days to inspect and approve the goods and services, unless the bid specifications,
purchase order or contract specifies otherwise. An agency has tw.enty (20) days to deliver a request for
payment (voucher) to the Depa.rtrnent of Banking and Finance. The twenty (20) days are measured
from the latter of the date the invoice is received or the goods or services are received, inspected and
approved.

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If a payment is not available within forty (40) days, a separate interest penalty, established
annually by the Chief Financial Officer pursuant to Section 55.03(1), Florida Statutes, will be
due and payable, in addition to the invoice amount, to the CONTRACTOR. The interest rate
for calendar year 2006 is 0.02466 percent per day (9.0% per annum). The interest penalty
provision applies after a thirty-five (35) day time period to health care providers, as defined
by rule. Interest penalties of less than one (1) dollar will not be enforced unless the
CONTRACTOR requests payment. Invoices which are returned to a vendor due to vendor
preparation elTors will result in a delay in the payment. The applicable time period does not
commence until a properly completed invoice is received by the DEPARTMENT.
A contractor Ombudsman has been established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for contractors who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Ombudsman
may be contacted at (850) 410-9724; the State's Chief Financial Officer's Consumer Hotline is
.
(800) 342-2762.
Article 7.4 Adjustments to Compensation.
The BUREAU recognizes that the
CONTRACTOR has entered into this Contract based upon the Standards in effect as of the date the
Contract became effective. If there are changes in the Standards or Unforeseen Circumstances
which change the scope of services to be furnished pursuant to this Contract and increase or
decrease the cost of managing the facility, CONTRACTOR will provide the BUREAU
written notice and documentation supporting an adjustment to compensation. The BUREAU will
review and not unreasonably deny the adjustment to compensation. The BUF..EAU· may
adjust the total compensation paid CONTRACTOR so that CONTRACTOR may be paid
compensation equal to the amount required to the change in CONTRACTOR'S cost managing the
Facility because of the change in scope of services, retroactive to the effective date of
such cost changes. Since requests for appropriated funds are based on costs as provided in the
CONTRACTOR's proposal, any adjustment to compensation to cover changes in the Standards
or Unforeseen Circumstances which changes the scope of services, shall be subject to adequacy
of appropriated funds, sufficient to cover the compensation change.
Article 7.5 Supplemental Compensation. In the event that, pursuant to Article 4.11, the
CONTRACTOR proposes to expand the capacity of the Facility and the BUREAU approves such a
proposal, then the CONTRACTOR shall be eligible for supplemental compensation for any inmates
housed in the Facility in excess of the original capacity. The per inmate per day rate of any such
supplemental compensation will be an amount mutually agreed upon by the BUREAU and the
CONTRACTOR, and shall not be greater than the maximum allowable pursuant to Section 957.07,
Florida Statutes, and shall be subject to legislative appropriation.
Article 7.6 Appropriation Contingency. The State's performance and obligation to pay under this
Contract is contingent upon an annual appropriation by the Florida Legislature, pursuant to Section
287.0582, Florida Statutes; the State is not obligated for any payments that exceed the amount of the
current appropriation, pursuant to Section 957.04(1)(h), (2)(d), Florida Statutes.
ARTICLE EIGHT
INDElVlNIFICATION AND INSURANCE
Article 8.1 Indemnification. The CONTRACTOR hereby assumes entire responsibility and
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liability for any and all damages or injury of any kind or nature whatever (including death
resulting therefrom) to all persons, whether employees of the CONTRACTOR or otherwise, and to
all property caused by, resulting from, arising out of or occurring in connection with any action
of the CONTRACTOR (including its officers, directors, employees, subcontractors, or agents) in
performance of the duties of this Contract. If any claims for such damage or injury (including
death resulting therefrom) be made or asserted, whether or not such claims are based upon the
CONTRACTOR's (including its officers, directors, employees, subcontractors, or agents) active or
passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or
obligation on the part of the above parties, the CONTRACTOR agrees to indemnify, defend and
hold harmless, the State and the BUREAU, its officers, agents, servants and employees from
and against any and all such c1~ims, and further from and against any and all loss, cost
expense, liability, damage or injury, including legal fees and disbursem'ents, that the State,
its officers, agents, servants or employees may directly or indirectly sustain, suffer,
incur as
a result, and the CONTRACTOR agrees to and does hereby assume, on behalf of the State, its
officers, agents, servants and employees, the defen,se of any action at law or in equi~y which may
be brought against the State, its contractors (if any), its officers, agents, servants or
employees, arising by reason of such claims and to pay on behalf of the State, its officers, agents,
servants and employees, upon demand of either of them, the amount of any judgment that may
be entered against them, individually, jointly or severally, its officers, agents, servants or
employees in any such action.

or

As part of the CONTRACTOR's assumption of all responsibility and liability for any and all
damage or injury as detailed above, the CONTRACTOR further agrees to hold harmless,
defend and indemnify the State for any loss, expense, recovery or settlement, including
counsel fees and costs of defense, which arise from any demand, claim (whether frivolous or
not) or suit which may he asserted or brought against the State or the CONTRACTOR as a result
of any injury or damage to any person or persons (including death) or property (i) allegedly
caused by, resulting from, arising out of, or occurring in connection with the furnishing of
any goods, equipment or services' or the pel:formance or preparation for performance of
any of the work or any duties of the CONTRACTOR hereunder, or incidental or pertaining
thereto, and (ii) whether or not such injury or damage is due to or chargeable to the site owner
or any contractor or subcontractor under a contract for which the goods or services herein
ordered are required, including, but not limited to, any claim based on liability without fault
for injury caused by defective goods supplied by the CONTRACTOR.
The
CONTRACTOR also agrees to assume, responsibility for, hold harmless, defend andlor
indemnify the State for payment of any expenses, costs (including delay costs), direct and
consequential damages, penalties, taxes or assessments (including punitive damages),
including counsel fees and costs of defense, which may be imposed or incurred (a) under any
Federal, State, or local law, ordinance or regulation upon or with respect to any
compensation of any person employed by the CONTRACTOR, and (b) under any Federal,
State, or local law, ordinance or regulation upon or with respect to discrimination in
employment against any individual employed by the CONTRACTOR on the basis of race,
color, religion, sex, or national origin, and (c) under any Federal, State, or local law,
ordinance or regulation upon or with respect to any compensation of any person for claims or
civil actions alleging deprivation of right, privilege or immunity secured by the United States
Constitution and laws pursuant to 42 USC Section 1983 or similar statutes as well as claims for
attorneys fees brought pursuant to 42 USC Section 1988 or similar statutes.

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Article 8.2 Legal Proceedings. The CONTRACTOR shall not be responsible for defending any
post-conviction action, including appeals and writs of habeas corpus by any inmate challenging the
underlying judgment of conviction or the administration of the sentence imposed.
Article 8.3 Insurance. The CONTRACTOR is responsible for obtaining and maintaining adequate
insurance coverage as required herein. The CONTRACTOR shall obtain and provide proof of
general liability insurance coverage (broad form coverage) which shall specifically include fire, and
legal liability in an amount not less than two million dollars ($2,000,000) for each occurrence within a
yearly aggregate of at least ten million dollars ($10,000,000), and civil rights claims in an amount
not less than two million dollars ($2,000,000) for each occurrence within a yearly aggregate
of at least five million dollars ($5,000,000). The State of Florida and its respective agencies shall be
included as additional insureds under the policy of general liability insurance coverage issued to the
CONTRACTOR. Coverage for civil rights liability may be issued under a separate policy but shall.
also include the State and its agencies as additional insureds. Vehicle liability coverage for all
vehicles used by the CONTRACTOR shall be provided in an amount of not less than two million
dollars ($2,000,000) per occurrence. Coverage shall also specifically be provided to protect against
employee dishonesty in an amount ofnot less than fifty thousand dollars ($50,000).
The CONTRACTOR shall obtain and provide proof of workers I compen·sation
insurance coverage (including employer liability) in the amount and manner required by
Florida law for all employees ofthe CONTRACTOR.
.
The CONTRACTOR shall obtain andlor provide proof of professional liability insurance coverage,
including medical malpractice liability and errors and omissions coverage, to cover all professional
services to be provided by the CONTRACTOR to the State under this Contract. The amount of
coverage obtained shall be two million dollars ($2,000,000) per occurrence with a five million
dollar ($5,000,000) yearly aggregate. If occurrence coverage is not available, claims-made
coverage with a three (3) year tail coverage shall be provided for the same amounts and
aggregate as detailed above.
The CONTRACTOR shall·obtain and provide proof of contractual liability insurance coverage
to cover all liability assum.ed by the CONTRACTOR under this Contract and for which the
CONTRACTOR may be liable to the State under the indemnification provisions of this
Contract (intermediate form coverage). Such coverage may be provided by separate
coverage or as an additional endorsement to a general liability policy, but shall be in the same
amounts and limits of coverage as that required for general liability coverage.
The CONTRACTOR shall obtain and provide proof of boiler and machinery coverage
("comprehensive" coverage) in the amounts of one million dollars ($1,000,000) per occurrence
to cover all loss arising from the operation of boilers and machinery including loss to other
property and losses due to business interruption.
The CONTRACTOR shall obtain and provide proof of premises liability insuranc.e (which
should be included in any general liability coverage) and property coverage (tire and
extended coverage) for the full value of the buildings, structures or other facilities operated by the
CO~1RACTOR and its subcontractors and all movable contents which value can never be less
than the then remaining balance owed under the .lease purchase agreement. The State and its
respective agencies shall be included as additional insureds under this policy.
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The CONTRACTOR shall obtain and maintain environmental impairment liability coverage
for liability resulting from sudden, accidental or gradual pollution arising" from operations
conducted by the insured, covering damage for bodily injury and property damage in the amount
of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) yearly
aggregate limit. The State and its respective agencies shall be included as additional insureds under
this policy.
All i.nsurance coverage shall be obtained by the CONTRACTOR through an insurance agent
licensed in the State of Florida and such coverage shall be provided by an insurance
company licensed to issue such "coverage in the State of Florida. No "self-insurance"
coverage shall be acceptable unless the CONTRACTOR is licensed or authorized to self-insure
for a particular coverage in the State of Florida, or is an insured member of a self-insurance group
that is licensed to self-insure in Florida. All policies shall include a provision requiring at least
thirty (30) days! prior written notice of cancellation to the State.
All insurance "coverage required to be obtained by the CONTRACTOR shall continue in full
force and effect during the term of the Contract. No contract shall be entered into between
the CONTRACTOR and BUREAU unless insurance coverage binders are received by the date
scheduled for the execution of the Contract. Proof of insurance policies must be delivered prior to
the date on which the services of the CONTRACTOR shall commence.
All insurance coverage is to be provided by insurance carriers admitted to do business in
Florida all,d coverage issued by surplus lines companies shall not be acceptable with the
exception" of oivil rights liability coverage. All insurance carriers shall be, at" the
minimum, rated "A VIlt! by A.M. Best or an equivalent rating by a similar insurance rating
service.
"The CONTRACTOR may choose the amount of deductible for any of the insurance
coverage required above to be obtained by the CONTRACTOR, but in no event shall such
deductible for each occurrence exceed three (3) percent of the required yearly aggregate limit of
coverage.
The CONTRACTOR is responsible for first dollar defense coverage." All general liability and
professional liability policies shall provide defense in addition to the policy limits.
The limits required herein are the minimum acceptable. However, these limits are not to be
construed as being the maximum any CONTRACTOR may wish to purchase for their own benefit.
As respects to the total limits of liability required, any combination of primary and/or umbrella
coverage may satisfy those t"otals. However, if an umbrella. is used, coverage must be at
least as broad as the primaly coverage.
Article 8.4 Certificate of Insurance and Cancellation. During the performance of the
management services hereunder,the CONTRACTOR shall maintain the plan of iltsurance and
submit a Certificate of Insurance to the BUREAU for the mutual protection and benefit of it and the
BUREAU, naming the BUREAU as co-insured and entitled to all notices issued under the
policy, to cover claims that may arise out of or result from the CONTRACTOR'S operation
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and management services hereunder, whether same be by the CONTRACTOR or a
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable. The BUREAU shall be notified at least thirty (30)
days in advance of cancellation, non-renewal or adverse change in the coverage. New
Certificates of Insurance are to be provided to the BUREAU at least fifteen (15) days after receipt
by CONTRACTOR.
Article 8.5 Defensellmmunity.
By entering into the Contract, neither the State, DMS, the
DEPARTMENT nor the CONTRACTOR waives any immunity defense which ,may be extended to
them by operation of law including limitation of damages; excepting only that the CONTRACTOR
may not assert the defense of sovereign immunity for itself
Article 8.6 Notice of Claims. Within five (5) calendar days after receipt by the BUREAU or the
DEPARTMENT, or of any. agent, employee or officer thereof of a summons in any action, or within
five (5) calendar days of receipt by the BUREAU or the DEPARTMENT, or of any agent, employee or
officer thereof, of notice of claim, the BUREAU, the DEPARTMENT, or any agent, employee or
officer, shall notify the CONTRACTOR in writing of the commencement thereof. The notice
requirement is intended to ensure that the CONTRACTOR's defense of the claim is not harmed by
failure to comply with the notice requirements. Failure to comply with the notice requirements may
result in the CONTRACTOR's refusal to indemnify the BUREAU, the DEPARTIY.tENT, or any
to the
agent, employee or .officer, but only if such failure to notify results in a prejudice
.
CONTRACTOR, the BUREAU, the DEPARTMENT, or any agent, employee or officer. The
COl'ITRACTOR will piOvide the BUREAU or the DEPAt~TMENT similar notice of claims.
Article 8.7 Prior Occurrences. The CONTRACTOR shall not be responsible for any losses or
'costs resulting from inmate litigation pending at the effective date of this Contract or for lawsuits
based on acts or omissions occurring prior to the effective date of the Contract. The
CONTRACTOR agrees to cooperate with the State in the defense of these suits. The BUREAU
recognizes that any settlement or judgment in such cas,es may lead to a request that the
compensation be increased pursuant to Article 7.4.
Article 8.8 Waiver. No waiver of any breach of any of the terms or conditions of the Contract
shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid or
binding unless the same shall be in writing and signed by the party alleged to have granted
the waiver.

ARTICLE NINE

CERfAlN PROmBIDONS
Article 9.1 Prohibitions. The CONTRACTOR acknowledges the prOV1SIons of Section
957.06, Florida Statutes, which states that a contract entered into under this chapter does not
authorize, allow, or imply a delegation of authority to the CONTRACTOR to:
A)
Choose the facility to which an inmate is initially assigned or subsequently
transferred. . The CONTRACTOR may request, in writing, that an inmate be
transferred to a facility operated by the DEPARTMENT.
The BUREAU, the
CONTRACTOR, and a representative Of the DEPA..~TMENT shall develop and
implement a cooperative agreement for transferring inmates between a correctional
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facility operated by the DEPARTMENT and a privately operated correctional facility.
The DEPARTMENT, the BUREAU, and .the CONTRACTOR must comply with the
cooperative agreement.
B)
Develop or adopt disciplinary rules or penalties that differ from the
disciplinary rules and penalties that apply to inmates housed in correctional facilities
operated by the DEPARTMENT.
C)
Make a final determination on a disciplinary action that affects the liberty of an
inmate. The CONTRACTOR may remove an inmate from the general prison
population during an emergency, before final resolution of a disciplinary hearing, or
in response to an inmate's request for ;:lssigned housing in protective custody.

D)
Make a decision that affects the sentence imposed upon or the time served by
an inmate, including a decision to award, deny, or forfeit gain-time.
E)
Make recommendations to the Parole Commission with respect to the denial or
granting of parole, control release, conditional release, or conditional medical release.
However, the CONTRACTOR may submit written reports to the Parole Commission and
.must respond to a written request by the Parole Commission for information.
F)
Develop and implement requirements that inmates engage in any type of work,
except to the extent that those requirements are accepted by the BUREAU.
0)
Determine inmate eligibility for any form of conditional, temporary, or
permanent release from a correctional facility.

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

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

B)

The persistent or repeated failure or refusal by the BUREAU to substantially fulfill
any of its obligations under this Contract; unless: such failure or refusal is caused by
a Force Majeure event or is otherwise excused under this Contract; such failure or
refusal is pennitted by agreement; or, such failure or refusal is warranted by
CONTRACTOR~s default.
.

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

A material failure to keep, observe, perform, meet, or comply with any covenant,

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agreement, term, or provision of this Contract to be kept, observed, met, performed, or
complied with by the CONTRACTOR hereunder, which such failure continues for a
period of twenty (20) days, or such longer time as may be granted pursuant to Article 10.4,
after CONTRACTOR has written notice thereat;
.
B)

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

C)

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

D)

CONTRACTOR shall (i) admit in writing its inability to pay its debts; (ii) make a
general assigrunent for the benefit of creditors; (iii) suffer a decree or order appointing a
receiver or trustee for all or substantially all of its property to be entered and, if
entered without its consent, not to be stayed or discharged within sixty (60) days; (iv)
suffer proceedings under any law relating to bankruptcy, insolvency. or the
reorganization or relief of debtors to be instituted by or against it and, if contested by
it, not to be dismissed or stayed within sixty (60) days; or (v) suffer any judgment, writ
of attachment or execution, or any similar process to be issued or levied against a
substantial part
its property which is not released, stayed, bonded, or vacated within
sixty (60) days after issue or levy; or

of

E)

Any· other action by the CONTRACTOR which would be considered a
this Contract at common law.

brea~h

of

Article 10.3 Notice of Breach. Except for the BUREAU's obligations to make payments to the
CONTRACTOR (for which notice ofnon-payment shall not be required), no breach of this Contract
on the part of either party shall constitute an Event of Default and no action with regard to same.
may be instituted unless and until the party asserting a breach specifies, in writing to the party.
against whom the breach is asserted, that a breach or breaches exist(s) which, unless
. corrected or cured within a time period specified in the notice, will constitute a material
breach of the Contract on the part of the party against which a breach is asserted. This requirement.
shall not apply to frustrate or otherwise affect the BUREAU's right to assess liquidated damages
under Article 10.11 and deduct accordingly under Article 7.1 for past incidents.
Article 10.4 Time to Cure. In the event of a Breach of Contract of the type specified in Article
10.2 (A) or (B) occurs and the CONTRACTOR reasonably believes that such Breach of Contract
cannot be cured within the twenty (20) days allowed to cure such Breach of Contract in Article 10.2
(A) or (B), as the case may be, and that such Breach of Contract can be cured, through a
diligent, on-going, and conscientious effort on the part. of the CONTRACTOR, within a
reasonable period not to exceed a total of forty-five (45) days, unless extended by the BUREAU,
then the CONTRACTOR may, within the twenty (20) day cure period, submit a plan for curing
th~ Breach of Contract to the BUREAU Chief. Such plan shall show in detail by what means
the CONTRACTOR proposes to cure the Breach of Contract. Upon receipt of any such plan for
curing a Breach of Contract, the BUREAU shall promptly review such plan and, at its
discretion, may allow, or disallow, the CONTRACTOR to pursue such plan for curing the
Breach of Contract. This requirement shall riot apply to frustrate or otherwise affect the
BUREAU's right to assess liquidated damages under Article 10.11 and deduct accordingly under
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. Article 7.1 for past incidents.
Article 10.5 Remedv of the BUREAU. Upon the occurrence of a Breach of Contract by the
CONTRACTOR, the BUREAU Chief shall have the right to pursue any remedy it may have at
law or in equity, including, but not limited to, (i) reducing its 'claim to a judgment and
seeking all damages for such breach; (ii) talting action to cure the Breach of Contract, in which
case the BUREAU Chief may offset against any payments owed to the CONTRACTOR all
reasonable costs incurred by the BUREAU in connection with its efforts to cure such Breach of
Contract; (iii) in the event the CONTRACTOR is not terminated, assessment of liquidated
damages as set forth in Article 10.11; and (iv) termination and removal of the CONTRACTOR
as the operator of the Facility and the offsetting against any payments owed to the
CONTRACtOR by the BUREAU of all reasonable costs incurred by the BUREAU to cure
the Breach of Contract, including attorneys' fee. In the event of a termination of this Contract
dne to a Breach of Contract under Article 10.2, the BUREAU shall have 110 further obligations to the
CONTRACTOR after the CONTRACTOR's removal; the CONTRACTOR agrees to' comply with
Articles 10.9 and 12.6 with respect to the transition to new management. In the event of any
. remedy pursuant to this Article 10.5, the CONTRACTOR shall have the right to appeal to the
BUREAU, and during any such appeal, the remedies pursuant to this paragraph sba11 be tolled.
Article 10.6 Remedv of the CONTRACTOR. Upon a Breach of Contract by the BUREAU,
the CONTRACTOR's sole remedy shall be to terminate this .C~)lltract. Upon such
termination, the CONTRACTOR shall be entitled to receive from the BU~AU payment for
all services satisfactorily fhrnished under this Contract up to and including the date ofterm.inatiol1.
Article 10.7 Force Majeure. The failure of performance of any of the terms and conditions of
this Contract by either party due to Force Majeure shall not constitute a Breach of Contract or an
Event of Default under thIS Contract.
Article 10.8 Termination for Non-Appropriation. The payment of compensation hereunder by
the BlJREAU is contingent upon the availability of funds legislatively appropriated to pay
such compensation. In the event funds for· compensation pursuant to the Contract become
unavailable due to non-appropriation, the BUREAU shall have the right to terminate this
Contract without penalty.
Article 10.9 Contract Termination and Control of a Correctional Facilitv bv the
DEPARTMENT. A detailed plan must be'provided by the CONTRACTOR under which the
DEPARTMENT will assume control of the Facility upon termination of the Contract pursuant
to this Article Ten. If any event occurs that involves the noncompliance with or violation of
Contract terms and that presents a serious· threat to the safety, health, or security of inmates,
employees, or the public, the BUREAU shall request that the DEPARTMENT temporarily
assume control of the Facility. A plan must also be provided by the CONTRACTOR for the
purchase and assumption of operations of the Facility by the DEPARTMENT in the event of
bankruptcy or the financial insolvency of the CONTRACTOR. The CONTRACTOR must
provide an emergency plan to address inmate disturbances, employee work stoppages, strikes,
or other serious events in accordance with the ACA Standards.
Article 10.10 Termination for Convenience. The BUREAU may tenninate this Contract for
convenience by giving the CONTRACTOR written notice ninety (90) days prior to the
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termination effective date.

Article 10.11 Liquidated Damages. The CONTRACTOR, in the event of default, shall pay to the
BUREAU, not as a penalty but as liquidated damages, in the following corresponding amounts, per
day:
Service Area 1:

Security and control, ACA Accreditation, Health Services, Use of Force,
Escapes, Contract Monitoring.

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

Service Area 2:

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

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

Service Area 4:

$1,500

Sanitation and Hygiene, Food Service, Mail, Religion, Access to Court,
Inmate Discipline, Grievance, Vis'itation, Records and Reports, Employee
Qualifications and Training.
\7 endor Breach
Failure to Provide Services
Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Requirements

Service Area 3:

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

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

Laundry and Inmate Clothing, Telecommunications, Supplies/Perishables,
Recreation
'
Vendor Breach
Failure to Provide Services

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$1,500
$1,500
DMS Contract No. 05/06-079
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Failure to Document
Failure to Report
Failure to Comply with Other
Applicable Requirements

" $500
$1,000
$1,000

The BUREAU may, after providing notice to CONTRACTOR of its intent to impose Liquidated
Damages, collect assessments authorized herein by offsetting its next Management Payment(s)
under Article 7.1. Assessment of Liquidated Damages shall not constitute a waiver of the
BUREAU's right to terminate the Contract for cause and seek any other damages or remedies
allowed by law.

ARTICLE ELEVEN
CONTRACT MONITOR
Article 11.1 Contract Monitor. The Contract Monitor or the BUREAU designee will be the official
liaison between the BUREAU and the CONTRACTOR. All official communications shall take place
between the Contract Monitor and the CONTRACTOR, unless the BUREAU directs otherwise. All
other communication between the BUREAU's employees and the CONTRACTOR shall be managed
.
according to policies adopted by both parties.
Article 11.2 The Contract Monitor's Use of Facilitv Space. The CONTRACTOR shall make
. work space available at the Facility to the Contract Monitor. Contract Monitor work space must
be approved by the BUREAU Chief
Article 11.3 Self-Monitoring. The CONTRACTOR shall continually conduct self-monitoring,
utilizing a comprehensive self-monitoring plan providing for both Facility-level self monitoring
and corporate-level Self-Monitoring. The CONTRACTOR shall designate an employee as the staff
member responsible for continuous self-monitoring of the Facility. The CONTRACTOR shall
provide access to all self-monitoring to the Contract Monitor.

ARTICLE TWELVE
MfSCELLANEOUSPROVISIONS
Article 12.1 Non-Discrimination. The CONTRACTOR shall, in the perfom1ance oftffis Contract,
strive to achieve the goals for minority participation set forth in this section. As used in this
Contract, the terms "Certified Minority Business Enterprises" and 11MBE(s)" mean only those
minority business entefl~rises as defmed in Section 288.703(2), Florida Statutes, which possess
a current certification issued by DMS' Office of Supplier Diversity. The CONTRACTOR
will' be required to provide the Contract Monitor with a semi-annual report concerning
minority participation.
Article 12.2 Operational Plan Requirements. As a condition precedent to commencement
of services hereunder and, prior to the Services Commencement Date, the CONTRACTO:R. shall
provide the BUREAU, for the BUREAU's written approval, an Operational Plan that covers the
full range ofFacility operations, including, but not limited to, the following:
A policy and operations manual which shall cover:
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•., All aspects of Facility operations.
• Procedures that will be utilized to facilitate monitoring of the Facility by the
operator's Authorized Representative or the Authorized Representative's designees on an
annual basis. '
• Continuous self-monitoring by Facility staff.
o
Procedures for assumption of operations by the BUREAU in the event of the
CONTRACTOR's bankruptcy or inability to perform its duties hereunder.
• An emergency proceduresl,security manual for confidential use by staff supervisors
employed by operator.
• Post orders for all Facility security staffpositions.
• Job descriptions for each position, including salary range, education and experience
requirements, descriptions ofjob duties, and full-time or part-time designation.
The CONTRACTOR shall notify the BUREAU in writing of desired changes in, or additions,to,
the Operational Plan with regard· to the CONTRACTOR's policies and procedures,
emergency procedures/security manual, post orders, and job descriptions. No such changes
shall be implemented prior to the CONTRACTOR's receipt of written approval from the
BUREAU Chief. A material breach of the operational plan shall be regarded as a Breach of this
Contract.
Article 12.3 Books and Records. The CONTRACTOR shall keep, at the Facility, proper and
complete, books, records, and accounts with respect to the Facility and all subcontractors thereof;
and permit the Contract Monitor and the BUREAU or its designees to inspect the same at all
reasonable times, and to make and take away copies thereof.
'
Article 12.4 Maintenance of Corporate Existence and Business. The CONTRACTOR shall at
all times maintain its corporate existence and authority to transact business and good standing
in its jurisdiction of incorporation and the State of Florida. The CONTRACTOR shall
maintain all licenses, permits, and franchises necessary for its businesses where the failure to
so maintain might have a material adverse effect on the CONTRACTOR's ability to p~rform
its obligations under this Contract. ,
Article 12.5 SEC Reports. The CONTRACTOR shall, on a timely basis, provide the
BUREAU with copies of all amlUal reports on Form 10-K, quarterly reports on Form 10-Q,
and reports on Form 8-K required to be filed by the CONTRACTOR with the Securities and
Exchange Commission. Prior to the execution of this Contract, the CONTRACTOR shall provide
the BUREAU with their most recent Form lO-K and any Form lO-Q's orFonn 8-K's filed.
Article 12.6 Transition. Upon the termination of this Contract, the CONTRACTOR agrees to
work with the BUREAU, the DEPARTMENT, and/or DEPARTMENT management supervision, in
accordance with Article 10.9, for a period of ninety (90) days to ensure an orderly and
efficient transition from the CONTRACTOR's management to the BUREAU ,and/or the
DEPARTMENT management (or management by a third party) of the Facility. During this
transaction period, the CONTRACTOR will transfer all necessary records, files and documents
for the operation of the Facility, including but not limited to inmate records, maintenance records,
and personnel files.

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Article 12.7 Taxes. Liens. and Assessments. The CONTRACTOR shall: (i) pay, or make
provision for payment of, all lawful taxes and assessments levied or assessed by the federal, state or
any local government on the Facility or any machinery, equipment or other property installed or
located on the Facility by the CONTRACTOR therein or thereon, or upon the Financing
Corporation with respect to the Facility or any part thereof, including any taxes levied upon or
with respect to the income or revenues of the Financing Corporation from the Facility, or
upon any payments pursuant to the Lease/Purchase Agreement; (ii) not create or suffer to be
created any lien or charge upon the Facility or any part thereof; (iii) payor cause to be
discharged or make adequate provision to satisfy and discharge, within sixty (60) days after
the same shall come into force, any lien or charge upon the Facility or any part thereof and
all lawful claims or demand for labor, materials, supplies or other charges which, if unpaid,
might be or become a lien upon the Facility or any part thereof, except permitted encumbrances,
as defmed in the Lease/Purchase Agreement with respect to the Facility entered into by and
between the BUREAU and the Financing Corporation; and (iv) pay all utility charges,
including ltservice charges", incurred or imposed with respect to the Facility.
The parties hereto acknowledge that the housing of state prisoners is a governmental
function, albeit a function that can be contracted for with a private business. In addition, the parties
hereto acknowledge that the use of a lease purchase agreement utilizing tax-exempt financing
for the. construction of the Facility does not alter the nature of the use of the Facility. To that
end, in the event that a lcica15urisdiction attempts to assess ad valorem taxes on the Facility,
the CONTRACTOR agrees to provide any necessary assistance, support, and expenditure
of legal resources (including attorneys fees and costs) in order to fully participate in and
support any efforts by the State to defend the sovereign immunity from such taxation
enjoyed by the Facility as State property, pursuant to First Union National Bank of Florida v.
Ford. 636 So.2d 523 (Fla. 5th DCA 1993).'
In the event that either a judicial determination or a State legislative mandate explicitly
subjects the Facility to ad valorem taxation or requires payment in lieu of taxes (PILOT), the
amount of any such annual ad valorem tax or PILOT payment shall be deducted on a pro-rated
monthly basis from CONTRACTOR's monthly compensation.
Article 12.8 Copies of Documents. Prior to the execution of this Contract and on an on-going
basis, the CONTRACTOR shall timely provide to the BUREAU copies of the following
documents:
•

All original and .renewed insurance certificates clearly indicating compliance with
.Article 8.3.
• Tax receipts or other appropriate documentation indicating the CONTRACTOR's payments
to the taxing authorities to indicate compliance with Article 12.7.
Article 12.9 Reimbursable Expenses. In the event that the CONTRACTOR fails to comply
with Articles 12.3 and 12.8, the CONTRACTOR shall pay actual expenses for the BUREAU to
employ an agent or for a BUREAU employee to visit the offices of the CONTRACTOR or
the CONTRACTOR's parent corporation to make and take away copies ofthe documents necessary
to comply with Articles 12.3 and 12.8.
Article 12.10 Invaliditv and Severabilitv. In the event that any provision of this Contract shall
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be held to be invalid, such provision shall be null and void. The validity of the remaining
provisions of the Contract shall not in any way be affected thereby.
Article 12.11 Counterparts. This Contract maybe executed in multiple counterparts, each of
which shall be deemed to be an original and all of which shall constitute one Contract,
notwithstanding that all parties are not signatories to the original or the same counterpart, or that
signature pages from different counterparts are combined, and the signature of any paliy to any
counterpart shall be deemed to be a signature too and may be appended to any other counterpart.
Article 12.12 Interpretation. The headings contained in this Contract are for reference
purposes only and shall not affect the meaning or interpretation of this Contract.
Article 12.13 Terminology and Definitions. All personal pronouns used in this Contract,
whether used in the masculine, feminine, or gender-neutral, shall include all other genders; the
singular shall include the plural; and the plural shall include the singular.
Article. 12.14 Venue. The Contract shall be interpreted under the laws of the State of Florida
and Leon County Circuit Court shall be the venue in the event any action is fiied on the Contract.
Article 12.15 Amendments. This Contract shall not be altered, changed, or amended except
by instrument in writing executed by the parties hereto.
Article 12.16 Third Partv Rights. The provisions of this Contract are for the sole benefit of
the parties hereto and shall not be construed as confening any rights on any other person.
Article 12.17 Binding Nature. This Contract shall not be binding upon the parties until it is
approved and executed by both parties.
Article 12.18 Interpretation. This Contract shall not be interpreted or construed against the
drafting party.
Article 12.19 Prohibition Against Assignment. The BUREAU has entered into this Contract
with the CONTRACTOR based on, among other consicj.erations, its assessment of the qualifications
.and experience of the CONTRACTOR, the management talent of key employees of the
CONTRACTOR, and the organizational structure the CONTRACTOR has caused to be
created. Consequently, there shall be 110 assignment or transfer of the interest of the
CONTRACTOR, whether in whole or in part, absent the prior written consent of the BUREAU.
Further, the CONTRACTOR shall notify the BUREAU in writing as soon as is practical
following (a) a merger with or an acquisition by any corporation, partnership, person, or other
entity; (b) the acquisition by or purchase of more than ten percent (10%) of the outstanding
shares of the CONTRACTOR by any corporation, partnership, person, or other entity; and (c)
a change in the senior management of the CONTRACTOR, senior management including its
President, ·Chief Executive Officer, and the membership of its Board of Directors. If, in the
reasonable judgment of the BUREAU, any such event is determined to be likely to have a
material and adverse effect on the ability of the CONTRACTOR to fully comply with all of
the terms and conditions of this Contract, the BUREAU reserves the right to terminate the
Contract without liability or penalty to the BUREAU.

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Article 12.20 Access to Records. The BUREAU may unilaterally cancel this Contract for refusal
by the CONTRACTOR to allow public access to all documents, papers, letters, or other material
originated or received by the CONTRACTOR in conjunction with the Contract, subject to the
provisions of Section 119, Florida Statutes.
Article 12.21 Notices. All notices shall be sent certified mail; return receipt requested to:
BUREAU:

'CONTRACTOR:

Terry Rocco, Chief
Bureau of Private Prison Monitoring
Florida Department of Management Services
4050 Esplanade Way
Tallahassee, Florida 32399-0950
John Bulfill, General Counsel
The GEO Group, Inc.
One Park Place, Suite 700
621 Northwest 53 rd Street
Boca Raton, Florida 33487

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

STATE OF FLORIDA,
DEPARTMENT OF MANAGEMENT SERVICES

Approved as to form and legality:

BY:

Its:

----'-'"

DATE:_......._=

THE GEO GROUP, INC.

BY:
Its:

.~

~

(Corporate Seal)

_ ~ '~RT~N

/8\ UR!=
~r

~

r"\

t·

;""'\

wiC@ pmSlOtmr, l,Ontract ~A;jnp!lance
t

-----~Tc4.~¥,:;;:;-· ~C:~,EC: ~:3~c;~p~

DATE:~~~:....-..,,~~

Inc.

.

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Its:

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Exhibit 1
Education Programs in compliance with the Standards and as more fully described in Exhibit 1
shall be amended as follows:
a.
b.
c.
d.
e.

"Participating" shall mean "the inmate is actively attending specified program"
Behavior Program: minimum of280 (15%) part-time participating per day
Academic Program: minimum of 465 (25%) pad-time participating per day
Vocational Program: minimum of 372 (20%) part-time participating per day
Substance Abuse: minimum of 372 (20%) part-time participating per day

At all times during' the course of this agreement, Contractor agrees to maintain inmate
participation in behavioral, academic, vocational, and substance abuse programs at the
facility at the participation percentage level identified above.
For example, assume a correctional facility currently has a maximum occupancy of 1,000
inmates and cun-ently 200 inmates per day, Monday through Friday, excluding recognized.
holidays, are enrolled in and participate in programs offered by the Contractor. The facility
undergoes an expansion that results in the facility having a maximum occupancy of 1,200
illinates. Under this contract provision, the Contractor would now have to maintain inmate
enrollment and participation in such programs at 240 inmates per day, Monday through
Friday, excluding recognized holidays.

If inmates in the facility cannot participate in the programs identified in this section because
they are not eligible or do not paliicipate in such programs because they' refuse to
participate, the Contractor shall provide this infonnation to the Contract Monitor for
inclusion in the Security and Institutional Operations Report ("Report") submitted monthly
by the Contract Monitor to the Bureau of Correctional Privatization (BCP). With regard to
inmate enrollment and palticipation in the programs at issue and the need to accurately
account for inmate participation in these programs, the Report will account for inmate
program participation and shall at a minimum provide information that includes the
inmate's name, the inmate's DC Number, and a description ofthe ineligibility ofthe inmate
to participate in the program(s) or the facts surrounding the inmate's refusal to participate.
Further, it is understood that inmates who are enrolled in and are actively attending a
program may have occasional absences due to legitimate reasons including, but not limited
to, health reasons, court appearances, recognized holidays, etc. Such absences shall be
noted in the Report.
The information provided by the Contractor to the Contract Monitor regarding inmate
participation in these programs shall be provided in sufficient detail to enable the BCP to'
appropriately audit and monitor the Contractor's compliance with this provision.
Inmate eligibility to participate in such programs shall ultimately be determined by criteria
established by the Department of Corrections.

The GEO Group, Inc.
Florida Department of Management Services
1,861 Beds in South Bay, Florida

NonShift Shift 1 Shift 2 Shift 3 Relief
Facility Administrator
Executive Assistant
Safety SpecialistIRisk Manager
Training Lieutenant
Investigative/Grievance Captain
Assistant Facility Inspector
Inspector Technician
ACNQep Coordinator

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

SubTotal

8.00

1.00
1.00
1.00
"1.00
1.00
" 1.00

1.00
1.00
0.00

0.00

0.00

Sub Total

1.00
1.00
1.00
1.00
1.00
1.00
2.00

1.00
1.00
1.00
1.00
1.00

1.00
1.00

1.00
1.00

1.00
1.00
1.00
1.00

1.00

2.00
1.00
1.00

1.00
1.00
16.00

4.00

1.00

0.00

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
8.00

NonShift Shift 1 Shift 2 Shift 3 Relief
"Business Manager
Assistant Business Manager
AccountantIBookkeeper
M.I.S: Manager
LAN Administrator
Personnel Specialist
Personnel Clerk
Payroll Clerk
Billing Clerk
Inmate Banking Clerk f
Inmate Banking Clerk II
Inmate Property Clerk
Switchboard Receptionist
Mailroom Clerk
WarehouselSupply Supervisor
Warehouse CSerk
Laundry Supervisor
Laundry Clerk

FTE

FTE
1.00
1.00
1.00
1.00
1.00
1.00
2.00
1.00

1.0G
1.00

1.00

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
2.00
1.00
2.00
1.00
1.00
1.00
1.00

21.00

NonShift Shift 1 Shift 2 Shift 3 Relief

1.00

Safety & Maintenance Manager
Maintenance Technician
Plumbing Technician
HVAC Technician
Tool Room Clerk
Maintenance Clerk

1.00
1.00
1.00
1.00
1.00

Sub Total

6.00

1.00
1.00
1.00
1.00
1.00
1.00

1.00

0.00

1.00

0.00

1.00

1.00
'LOO

Sub-Total

5.00

1.00
1.00

'.00

2.00

1.00

1.00

2.00

1.00

1.00

1.67
1.00

1.00

a.po

Sub Total

r

O
"

1.00
1.00

FTE
1.00
1.00
3.50

5.00
1

nn

I."YV

13.50

NonShift Shift 1 Shift 2 Shift 3 Relief
Health Care Administrator (RN)
Medical Records Clerk
Physician (MD)
Psychologist (PhD)
Registered Nurse
Registered Nurse
Licensed Practical Nurse
Dentist (DDS)
Dental Technician
Psychological Specialist
Data Entry Clerk
Contract Staff
Contract Physician (40 hours per week)
Contract Psychiatrist (24 hours per week:)
Contract Dentist (8 hours per week)

1.00
1.00
1.00
1.00

1.00
1.00
1.75

'1I.WV
nn

3.00

'.00
2.00

7.00

NonShift Shift 1 Shift 2 Shift 3 Relief
Food ServiCe Manager
Production Manager
Cook Supervisor
Cook Supervisor
Asst. Cook Supervisor
Asst. Cook Supervisor
Food Service Clerk

FTE

FTE

1.00· 1.00
1.00

1.00

3.00

2.00

1.00

4.00

3.00

1.00

1.00
2.00
1.00

1.00
1.50
3.00
·2.00

1.00
1.00
1.00
1.58
1.00
1.75
1.00
1.00
1.00
1.00

3.00
1.00
2.00

9.50
1.00
14.00

1.00
1.50
3.00

2.00

1.00
0.50

0.20
13.50

8.00

6.00

2.00

39.00

NonShift Shift 1 Shift 2 Shift 3 Relief
AFA Programs
Classification Supervisor
Classification Counselor
ChaplainNolunteer Coordinator
Assistant Chaplain-POIIWTF. paid
Chaplain Clerk-POIIWTF paid
Librarian
Librarian PT
Law Library Clerk
Academic Counselor
Academic Instructor
Vocational Instructor
Diversified Vocationallnstructor-POIIWTF paid
Recreation Speoialist
Computer Lab Technician
Education Director
Asst. Education Director
Programs Clerk
Inmate Records Clerk
Program Director
Lead Counselor
Clerk
Community Resource Coordinator
Life Skills-Transition Specialist
Substance Abuse Counselor
Data Entry Clerk

SubTotal

AFA Security
Chief of Security
Administrative Captain
Shift Supervisors· Captain
Asst. Shift Supv.· Lieutenant
AdminlHousing Lieutenant
Confinement Lieutenant
Housing Supervisors - Sergeant
. Security Clerk

Sub-Total

1.00
1.00
3.00
1.00

4.00

2.00

1.00
1.00
1.00
0.50

1.00

1.00

1.00
6.50
3.50

2.00

1.50
0.50

0.50
0.50

1.00

1.00

1.00
1.00
2.00
2.00
1.00

1.00

1.00

6.00
11.00

2.00
5.00

24.00

37.00

16.50

1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
9.00
1.00
1.00
1.00
1.00

1.00

0.50

1.00 . 1.00
1.00
1.00
1.00
8.50
1.00
6.50
1.00
1.00
1.00
2.00
1.00
1.00.
1.00
1.00
1.00
1.00
1.00
2.00
1.00
3.00
1.00
1.00
1.00
2.00
1.00
1.00
1.00
1.00
1.00 10.00
1.00 18.00
1.00
1.00

2.00

1.00

1.00
1.00
2:00
1.00
1.00

FTE

0.00

77.50

NonShlft Shift 1 Shift 2 Shift 3 Relief

FTE

Headquarter Officer
litigation Officer
Arsenal Officer
Transport Officers
Outside Grounds Officer
Inside Grounds Officer
Vehicle Gate Oficer
Confinement Rec. Officer
Programs Officers
Food Service Officers
Recreation Officers
Recreation Officers
Central Control Officer
Transport/Hospital Officers
Housing A (Confinement)
H(:lUsing B Officers
Housing C Officers
Housing 0 Officers
Housing E Officers
Housing F Officers
Housing G Officers
Management Officers
Escort Officer
Perimeter 1 Officer
Perimeter 2 Officer
Perimeter 3 Officer
Medical Officer
. Internal Security Officer
Inside Sec uri Officers
Sub·Total

.NonShift Shift 1 Shift 2 Shift 3 Relief
Executive Office
8.00
Business I Support 16.00
. Maintenance
6.00
Health Care . 13.50
Programs 24.00
Food Service
500
Security Supervisors
Correctional Officers

0.00
4.00
0.00
8.00
3'7.00
300

0.00
1.00
1.00
6.00
16.50

20

0.00
0.00
0.00
2.00
0.00

FTE
8.00
21.00
7.00
39.00
77.50

o

I

••

••

M~

__

~_~~

TOTALSTAj=F
-

'--~---:'''''~~--'~

AMENDMENT OF THE
SOUTH BAY CORRECTIONAL FACILITY
OPERATION AND MANAGEMENT SERVICES AGREEMENT
By and Betwee'n
THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES,
BUREAU OF PRIVATE PRISON MONITORING and
THE GEO GROUP, INC.
WHEREAS, on June 20, 2006, the State of Florida Department of Management
Services, Bureau of Private Prison Monitoring (hereinafter referred to as the "BUREAU")
and The GEO Group, Inc. (hereinafter referred to as the "CONTRACTOR") (collectively
r~ferred to as the "Parties") entered into a OPERATION AND MANAGEMENT
SERVICES AGREEMENT (hereinafter referred to as the "Contract") relating to the
South Bay Correctional Facility (the "Facility") with an initial contract term of three (3)
years with additional renewal terms of two (2) years each; and
WHEREAS, Article 12.15 Amendments, expressly provides for an amendment of the
terms of the Contract by written agreement of the Parties; and
WHEREAS, the Invitation to Negotiate (ITN), Special General Conditions, for the South
Bay Contract allows for the BUREAU, in its discretion, to require the posting of a
Performance Bond by CONTRACTOR; and
WHEREAS, the BUREAU has determined that based upon the termination provisions of
the Contract, the Performance Bond described in the South Bay ITN is neither
necessary nor financially prudent; and
.
WHEREAS; the BUREAU wishes to amend Article 7.1 Management Payment, to
reduce CONTRACTOR's Contract' Management Payments in order to ,.reflect the
BUREAU's decision not to require a CONTRACTOR Performance Bond; and
WHEREAS, the BUREAU wishes to amend Article 4.9 Major Maintenance Repair and
Reserve Fund, and Article 4.12 Material Damage or Loss. to clarify' CONTRACTOR's
ability to request reimbursement from such Fund under certain described
circumstances;
.
NOW THEREFORE, the Parties agree as follows:

1. Article 7.1 Management Payment, of the Contract is hereby amended to read as
follows:
First year (July 1. 2006 - June 30. 2007):

1

• $45.34 times the minimum occupancy of 90%;
• $7.96 for each Inmate over the minimum occupancy rate of 90%;
• ' The blended per diem rate for'the first year shall be: $41.60.
•

Minus monthly deductions for:
.
a The Major Maintenance and Repair Reserve ,Fund set forth in Article 4.9,
in the monthly amount of $15,603.94.
a The Contract Monitor set forth in Article 5.44, in the monthly amount of

$6,076.99.
a Any property taxes or payments in lieu of taxes (PILOT) that may become
due on the Facility pursuant to judicial determination or legislative
mandate.
Second year (July 1, 2007 - June 30, 2008):

• $45.90 times the minimum occupancy of 90%;
• $8.16 for each Inmate over the minimum occupancy rate of 90%;
• The blended per diem rate for the first year shall be: $42.13.
•

Minus monthly deductions for:
a The Major Maintenance and Repair Reserve Fund set forth in Article 4.9,
in the monthly amount of $15,603.94.
a The Contract Monitor set forth in Article 5.44, in the monthly amount of

$6,076.99.
a Any property taxes or payments in lieu of taxes (PILOT) that may become
due on the. Facility pursuant to judicial determination or legislative
mandate.

, Third year (July 1, 2008 - June 30. 2009):

• $47.05 times the minimum occupancy of 90%;
'. $8.36 for each Inmate over the minimum occupancy rate of 90%;
• The blended per diem rate for the first year shall be: $43.18.
• Minus monthly deductions for:
o. The Major Maintenance and Repair Reserve Fund set forth in Article 4.9,
in the monthly. amount of $15,603.94.
a The Contract Monitor set forth in Article 5.44, in the monthly amount of

$6,076.99.
a Any property taxes or payments in lieu of taxes (PILOT) that may become
due on the, Facility pursuant to judicial determination or legislative
mandate.

Regardless of the number of Inmates incarcerated at the Facility, CONTRACTOR is
guaranteed an amount equal to 90% occupancy (1675 inmates) times the 90% per
diem rate subject to legislative appropriations. The CONTRACTOR guarantee may
be subject to the following: liquidated damages as referred to in Article 10.11;
deductions for reimbursement of the Contract Monitor as set forth above; deductions
for the maintenance reserve as set forth in Article 4.9; ad valorem taxes and/or

2

PILOT payments required to be paid by CONTRACTOR by judicial determination OJ
legislative mandate, as set forth in Article 1~.7;and any other deduction or charge
permitted in this Contract.'
.

2. Article 4.9 Major Maintenance Repair and Reserve Fund of the Contract is hereby
amended to read as follows:
The CONTRACTOR shall make and be responsible for all routine and necessary
repairs of the Facility, and shall be responsible for the repair and replacement of all
Facility furnishings, fixtures, and equipment, so long as the cost associated with any
such maintenance, replacement, or repair is $5,000 or less (per item, per
occurrence). Routine and necessary repairs shall be defined as any maintenance,
replacement, or repair work which has a cost of $5,000 or less (per item, per
occurrence). "Per item, per occurrence" requirement shall be strictly construed by
the BUREAU, and aggregation of individual items or occurrences is not permitted.
On the first day of each month, the BUREAU will deduct 1/12 of $187,247.28
($15,603.94 monthly) from the Facility's man-days billing and transfer said amount to
the Grants and Donations Trust Fund.
Requests for reimbursement for maintenance, replacement or repair costs in excess
of $5,000 shall be submitted to the BUREAU Chief. In the event of damage to the
Facility sustained during a hurricane (or as a result of severe windstorm conditions),
the CONTRACTOR may request reimbursement from the Fund for all documented
costs incurred by the CONTRACTOR in repairing/replacing such damage that are
not otherwise covered by insurance required to be maintained by the
CONTRACTOR under this Contract for the Facility, up to an amount equal to 3% of
the theD-current insured value of the Facility. Approval or denial of requests is at the
BUREAU Chief's sole discretion. Upon receipt of written approval from the
BUREAU Chief, the costs of such major maintenance, replacements or repairs shall
be charged to the Major Maintenance and Repair Reserve Fund. The BUREAU shall .
be the owner of such fund, and the CONTRACTOR shall have no rights, other than
as set forth herein, in such fund or in any fund earnings.
Any written request by CONTRACTOR for reimbursement from the Major.
'. Maintenance and Repair Reserve Fund shall be approved or disapproved in writing
by the BUREAU within thirty (30) days of receipt of such written request.

3. Article 4.12 Material Damage or Loss of the Contract is hereby amended to read as
follows:
Promptly after the occurrence of any damage to or loss at the Facility that materially
affects the continued operation of the Facility, the CONTRACTOR shall notify the
BUREAU of such loss or damage. The BUREAU and the CONTRACTOR shall
jointly assess the nature and extent of such damage or loss and, as soon as
practicable thereafter, determine whether it is practicable and desirable to rebuild,
3

repair or restore such damage or loss. If the BUREAU and the CONTRACTOR
determine that such rebuilding, repairing or restoring is practicable and desirable,
the CONTRACTOR shall proceed with such rebuilding, repairing or restoring. Upon
the completion thereof, ~uch rebuilding, repairing or restoring shall thereupon
become part of the Facility. In such case, any insurance proceeds received in
respect to such damage or loss shall be used for payment of, or reimbursement for,
the costs of such rebuilding, repairing or restoring. In the event such insurance
proceeds are not sufficient to pay in full the' costs of such rebuilding, repairing or
restoration, the CONTRACTOR is responsible for any and all amounts due in excess
of insurance proceeds received (which responsibility shall not limit CONTRACTOR's
ability to request reimbursement for the' costs of repairing damage to the Facility
sustained during a hurricane (or as a result of severe windstorm conditions) from the
Major Majnten~:mce Repair and Reserve Fund as set forth in Article 4.9, above). If
the BUREAU and the CONTRACTOR determine, in writing, that rebuilding, repairing
or restoration is not feasible or practical, and further agree, in writing, not to rebuild,
repair or restore the Facility, then this Contract shall automatically terminate thirty
(30) days after the date of such written agreement.

4. All other terms and conditions of the Contract shall remain the same.
IN WITNESS WHEREOF, the undersigned authorized .persons have executed this
Contract Amendment on behalf of, their respective Parties effective the 1st day of July
2007.

THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES,
BUREAU OF PRIVATE PRISON MONITORING

-~
By: Linda H. South, Secretary

Date

~ved as to form and legality by the Departmenr S. General Counsel's Office:

~

t/W-f(;( Cw81&

.

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D~:

.

THE GEO GROUP, INC.

BY:
Its:

,1)&

ATTEST:

lIP (ftl-rad J1eI;u/Yw':sk~
I ,

DATE:

_

_

Its:
-----------

DATE:

_

4

o