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STD.213 A (Rev 6i'Y2t...

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[AGREEMENTNUMBER

C06.298

AMENDMENT

NUMBER

REGISTRATION NUMBER

L
1.

This Agreement is entered into between the State Agency and Contractor named below:
STATE AGENCY'S NAME

California Department of Corrections and Rehabilitation
CONTRACTOR'S

2.
3.

4.

NAME

Corrections Corporation of America
The term of this
12-1-2009
Agreement is
10-13-2006
through
The maximum amount of this
$90,000,000.00
Agreement after this amendment is:
Ninety Million and zero cents
The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part
of the Agreement and incorporated herein:
Exhibit A of the Agreement is revised to add the language Exhibit A.a.

All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CALIFORNIA

CONTRACTOR
CONTRACTOR'S

NAME (If other than an individual,

state whether a corporation,

Department
partnership,

Lucibeth Mayberry, Vice President Business Development
ADDRESS

10 Burton Hills Blvd.
Nashville. TN 37215
STATE OF CALIFORNIA

of General
Use Only

Services

etc.)

Exempt per Governor's
Proclamation, Prison Overcrowding
State of Emergency Proclamation,
issued 10-4-2006.
I hereby c6riif\f ti~1t ~H conditions for exemption have bee;'!
compliedwithand this contract
is exempt from the Department
of General Services Approval.
Exempt fro",!.DGS approval

AGENCY NAME

Date:
BY:~

ADDRESS

1515"S" Street,Room410S, Sacramento,CA 95814

? 1 D"7V.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.a

FIRST AMENDMENT TO CONTRACT DATED OCTOBER 18, 2006 BY
AND BETWEEN CORRECTIONS CORPORATION OF AMERICA AND
THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION
This First Amendment is entered into this 20th day of December 2006, by and between, the State
of California Department of Corrections and Rehabilitation (hereinafter “STATE” or
“CDCR”) and The Corrections Corporation of America, 10 Burton Hills Blvd., Nashville,
Tennessee, 37215 (hereinafter “CONTRACTOR” or “CCA”) and in recognition of the
following:
WHEREAS, the parties hereto have previously entered into a contract, dated October 18, 2006
wherein CCA has agreed to house, guard and provide all necessary care for certain offenders
currently under the care and custody of CDCR, at CCA facilities outside California; and,
WHEREAS, the process of identifying such eligible offenders for participation in the transfers to
CCA facilities has been slowed due to factors and events beyond the control of CDCR or CCA;
and,
WHEREAS, in addition, certain matters not contemplated by the parties at the time of first
contracting have arisen, and that the parties wish to address those matters and express their
agreement regarding same,
NOW, THEREFORE, the parties do enter into and make this FIRST AMENDMENT to their
prior contract and agree as follows:
1. Exhibit A, and all references thereto in the original contract are hereby deleted as they
relate to the offender phase in schedule. Said offender phase in schedule portion of
Exhibit A contemplated a schedule of transfer dates for CDCR offenders to CCA
facilities (initial phase in schedule), and the parties have abandoned that schedule, instead
agreeing to work cooperatively on a flexible time frame for transfers as suitable inmates
become available in sufficient numbers. There is no replacement Exhibit A as it relates to
the phase in schedule. All other items provided in Exhibit A shall remain in place unless
modified or deleted by later amendment.
2. The definition of Minimum Normalized Occupancy is hereby amended to mean 90% of
the capacity allocated to CDCR Offenders at the Facilities, which for this Agreement
currently equates to:
Florence Detention Center (560) – 504
North Fork Correctional Facility (240) – 216
Diamondback (Currently 0 – but may be adjusted as capacity allows)
Tallahatchie (128) - 115
West Tennessee Detention Facility (80) – 72

-1-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.a

Available capacities at the above facilities may be increased, or decreased, dependent
upon facility availability and CDCR demand. In the event capacity is adjusted by mutual
agreement it shall be in a writing signed by both parties and affixed as an Amendment
hereto.
3. So long as CDCR’s placement program requires voluntary consent by offenders, the
provisions in Section 3 of the contract requiring CDCR to reach normalized occupancy
within 120 days of initial occupancy shall be waived. Instead, CDCR shall pay a per diem
per offender housed at a CCA facility, based on the number of offenders actually housed
at that facility. Once CDCR has reached normalized occupancy of a CCA facility, CDCR
shall be required to make a minimum payment based on the greater of a) actual
occupancy, or b) the normalized occupancy number, times the per diem rate established
in the contract. Said payment provision shall apply for the balance of the term of the
contract.
Once CDCR commences transfer of offenders who are not being transferred voluntarily,
the original contract provisions regarding normalized occupancy rates commencing 120
days of the initial transfer as contained in Section 3 shall be of full force and effect.
4. The contracting parties acknowledge that the U.S. District Court for the Eastern District
of California has jurisdiction over mental health services provided to seriously mentally
disordered inmates of the California Department of Corrections and Rehabilitation in the
pending case of Coleman v. Schwarzenegger, No. CIV S-90-0520 LKK JFM P. The
Coleman court has appointed a Special Master to oversee the provision of constitutionally
adequate mental health care for all plaintiff class inmates. Former class members may be
transferred pursuant to the Agreement and some transferred inmates may become
members of the plaintiff class during their stay in the Contractor’s facility(ies). The
contracting parties acknowledge that the Special Master or his designee(s) may make
inquiries concerning policies and procedures for the care of plaintiff class members and
shall have the right, if a dispute about the adequacy of provided mental health services
arises, to visit and assess the mental health services provided by the Contractor to
plaintiff class members. Contractor shall cooperate with such visits, which shall not
interfere unduly with Agreement work.
5. CCA agrees that by signing this FIRST AMENDMENT, it is assuring CDCR that it
complies with the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. Section
12101 et seq, as applicable, which prohibits discrimination on the basis of disability, and
with applicable regulations and guidelines issued pursuant to the ADA.
6. This agreement may be executed in the manner as set forth in Section 9.26 of the
Agreement to which this amendment applies.

-2-

IN WITNESS WHEREOF, intending to be legally bound, the parties have caused their
authorized representatives to execute this Agreement to be effective on the date first written
above.

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
Scott Kernan
Director, Division of Adult Institutions (A)
1515 S Street, Suite 35l-N
Sacramento, CA 95814

~~~

/.~ /7
Scott Kernan

~t:J

7

Date

CONTRACTOR
Lucibeth Mayberry
Vice President Business Development
10 Burton Hills Blvd.
Nashville, TN 37215

~~

) . L- Co '
Lucibeth Mayberry

Date

°7

-

-

-- -- -- - - ---

-----

STATE OF CALIFORNIA

STANDARD AGREEMENT
STD 213 (Rev 06103)

AGREEMENT NUMBER
C06.298
REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME

California Department of Corrections and Rehabilitation
CONTRACTOR'S

2.

NAME

Corrections Corporation of America
The term of this
10-13-2006
Agreement is:

3. The maximum amount
of this Agreement is:

12-01-2009

through

$ 90,000,000.00
Ninety Million and zero cents

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work
Exhibit A.1 - West Tennessee Detention Facility
Exhibit A.2 - North Fork Correctional Facility
Exhibit A.3 - Tallahatchie County Correctional Facility
Exhibit A.4 - Florence Correctional Facility
Exhibit A.S - Diamondback Correctional Facility
Exhibit A.6 - Program Participation Table
Exhibit B - Budget Detail and Payment Provisions
Exhibit B.1 - Rate Sheet
Exhibit C* - General Terms and Conditions

44 pages
3 pages
3 pages
4 pages
4 pages
4 pages
1 page
1 pages
2 pages
GTC 306

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Calif"~'FWtr1¥Tt.M(
e.1ijtf~itions for
ex~s~}COITIplied
withand
this contract is exempt from the
Department of General Services
Approval.

CONTRACTOR
CONTRACTOR'S

NAME (if other than an individual.

state whether a corporation,

partnership,

etc.)

Corrections Corporation of America
BY(Authf(ized

I DATE

Signature)

SIGNED(Do

not type)

I.01(, -Df)

J6

BY:~V~
Date:- '2f (p lQ2

Lucibeth Mayberry, Vice President Business Development
ADDRESS

Exempt per Governor's
Proclamation, Prison Overcrowding
State of Emergency Proclamation,
issued 10-4-2.006.

10 Burton Hills Blvd.
Nashville, TN 37215
STATE OF CALIFORNIA
AGENCY

NAME

California Department of Corrections and Rehabilitation
DATE

.s~1;;~ono/type)

0
Karen V. Smith, Chief, Service Contracts Section
ADDRESS

1515 "S" Street, Room 410S, Sacramento,

CA 95814

Exempt per:

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

OFFENDER RELOCATION/HOUSING
AGREEMENT BETWEEN
STATE OF CALIFORNIA
AND
CORRECTIONS CORPORATION OF AMERICA

This Contract is entered into effective October 19, 2006, between the State of California
Department of Corrections and Rehabilitation (hereinafter “STATE” or “CDCR”) and The
Corrections Corporation of America, 10 Burton Hills Blvd., Nashville, Tennessee, 37215
(hereinafter “CONTRACTOR”).
WHEREAS, the STATE requires correctional bed space and services for STATE offenders due
to continuing in-state crowding issues and has the lawful authority to enter into this Contract;
WHEREAS, the CONTRACTOR operates or has access to correctional facilities in the states of
Arizona, Mississippi, Oklahoma, and Tennessee deemed suitable by CDCR for the housing and
care of CDCR offenders (the “Facility”) and has the lawful authority to enter into this Contract
and perform or have performed the required services as set forth herein;
THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follow:

Article I.
DEFINITIONS
Additional Services – means those additional operational and management services required
to be furnished by the CONTRACTOR because of changes in ACA Standards, state or federal
laws, government regulations, or judicial decisions that cause an increase in the cost of
operating and managing the facility.
CCR, Title 15 – means the California Code of Regulations, Title 15, “Crime Prevention and
Corrections”.
CDCR Contract Monitor – The designated representative of the CDCR or his/her
designee/delegate serving as liaison between CDCR and the CONTRACTOR and who monitors
the CONTRACTOR’s performance under this Agreement. This shall also apply to any monitor
on behalf of the federally appointed receiver’s office in the federal case of Plata v.
Schwarzenegger monitoring health care.
Commencement of Services date – means the first day a CDCR Offender is housed at the
Facility pursuant to this Agreement.
Contract – means this Agreement.
Department/CDCR – means the California Department of Corrections and Rehabilitation.

1

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Day – means calendar day unless otherwise defined in this agreement. If the last day falls on a
weekend or holiday the last day for performance shall be the next regular business day.
DOM – means the CDCR Departmental Operations Manual.
Facility – means the correctional institutions operated by the CONTRACTOR in the states of
Arizona, Mississippi, Oklahoma and Tennessee, known as the Florence Correctional Center,
Tallahatchie Correctional Facility, North Fork Correctional Facility, Diamondback Correctional
Facility and the West Tennessee Correctional Facility.
HIPPA – means the federal Health Insurance Portability and Privacy Act.
Initial Phase-In Period – means the period of time beginning with the first day a CDCR
Offender is received at the Facility and ending on the day that the Facility achieves the Minimum
Normalized Occupancy, or 120 days after the first day a CDCR Offender is received at the
Facility, whichever first occurs.
Indigent Offender – means an offender who is wholly without funds at the time they were
eligible for withdrawal of funds for canteen purchases.
In-patient Care – means care received in a free standing, non-correctional hospital on an inpatient basis, including any and all physician or consulting professional services provided to the
offender in the hospital.
Lockdown – means that a portion of the facility is affected by suspension of required programs
or services, and offenders are not released except as determined by the facility administration
on an individual, case-by-case basis. As determined by the facility administration, under such
circumstances only critical inmate workers in the affected housing units / sub-facilities will be
permitted to attend work assignments under escort, and all but essential functions are
suspended in those affected housing units or sub-facilities, e.g. yard, canteen draws, religious
services and visiting.
Mandatory ACA Standards – means those standards identified as being mandatory in the
American Correctional Association’s Standards for Adult Correctional Institutions, 4th Edition, as
same may be modified, amended, or supplemented in the future.
Minimum Normalized Occupancy – means 90% of the capacity allocated to CDCR Offenders
at the Facilities, which for this Agreement equates to:
Florence Detention Center (440) - 396 Inmates
North Fork Correctional Facility (240) - 216 Inmates
Diamond Back Correctional Facility (240) - 216 Inmates
West Tennessee Detention Facility (80) – 72 Inmates
Provided however, this capacity may be increased by mutual agreement in a writing signed by
both parties and affixed as an Amendment hereto as additional capacity becomes available in
the Facilities.

2

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

National Commission on Correctional Health Care Standards – those standards of health
care services as defined and established by the National Commission on Correctional Health
Care in the 2003 Edition of Standards for Health Services in State Prisons.
Offender – means any adult male person incarcerated pursuant to applicable California laws,
and assigned to the Facility for housing under this Agreement.
Offender Day – means each day, including the first day but not the last, that an offender is
admitted to the Facility as determined by the Midnight Count.
Operating Requirements – means applicable federal, state, and local law and court orders,
constitutional minimum standards, CDCR regulations made applicable to the Facility by this
Agreement.
Title 15 – means Title 15 of the California Code of Regulations, “Crime Prevention and
Corrections” including all subsequent amendments thereto.
UHR – means Unit Health Record.
Warden – means the Administrative Head who manages operations at the Facility.

Article II
TERM OF THE AGREEMENT
Section 2.01 Initial Term.
The term of this Agreement shall be for three (3) years beginning on the Commencement of
Services date and ending at 5:00 pm on a date which is three (3) full years thereafter, unless
earlier terminated in accordance with the provisions of this Agreement.
Section 2.02 Option to Extend Term.
The parties shall have the right to extend the initial term of this Agreement for successive
periods of up to and including two years each in addition to the initial term by mutual agreement.
The parties agree that should they desire to extend the term of this agreement pursuant to this
option, they shall notify one another of their desire to so extend the term not less than one year
prior to the expiration of the initial term. The provisions of this Contract, as amended if so
amended during that time, shall apply to any extended term, except that the compensation for
the extended term shall be subject to negotiation between the parties. Should the parties not
agree on a new rate of compensation to apply to the extended term, this Agreement shall
terminate on the original termination date.
Section 2.03 Termination for Non-Appropriation.
Notwithstanding anything set forth in the provisions of Article VIII, DEFAULT AND
TERMINATION, this Agreement shall terminate in the event the State does not appropriate
funds for the payments required hereunder.

3

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 2.04 Responsibility Hearing.
If this Agreement is terminated for cause, CDCR reserves the right to conduct a responsibility
hearing to determine if the CONTRACTOR is a responsible bidder before an award of future
Agreements can be made.
Section 2.05 State Contacts.
Contract Monitor:
Shall be designated by CDCR in writing prior to first occupancy.
California Out-of-State Correctional Facilities (CCOCF)
Shall be designated by CDCR in writing prior to first occupancy.
Health Care Officer
Shall be designated by CDCR in writing prior to first occupancy.
Escape/Incident Reporting (I.D./Warrants)
Phone 24 Hour Notification (916) 323-4087
FAX (916) 322-4038.
Restitution/Victim Services Unit
Department of Corrections & Rehabilitation
P.O. Box 1046
Folsom, CA 95763-1046
Office of Communications
Oscar Hidalgo
1515 S Street, Suite 502-S
Sacramento, CA 95814
Phone: (916) 323-2637
Fax: (916) 442-2637
Office of Correctional Safety
Shall be designated by CDCR in writing prior to first occupancy.
CONTRACTOR Contacts.
Company Representative
Shall be designated by CONTRACTOR in writing prior to first occupancy.
Facility Contact
Shall be designated by CONTRACTOR in writing prior to first occupancy.

4

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Article III
CDCR OFFENDERS
Section 3.01 Offender Housing.
The CONTRACTOR shall confine and supervise adult male CDCR Offenders that are
transferred to the Facility pursuant to the terms and conditions of this Agreement. CDCR
Offenders shall be transferred into the Facility in accordance with the Offender/Staff Phase-In
Schedule, attached hereto and incorporated herein as Attachment A.7, beginning on the
Commencement of Services date. If CDCR has not provided Attachment A.7 at the time of the
execution of this agreement, said information shall be provided not less than 15 working days
following execution, and shall be incorporated into this agreement at that time. Nothing in that
schedule shall obligate the CONTRACTOR from accepting or the State from sending more than
200 inmates prior to the first thirty (30) days following execution CDCR Offenders shall only be
housed in housing units consistent with the offenders’ classification and security needs, subject
to the prior written approval of the CDCR Contract Monitor or designee. The schedule shall
allow for maximum occupancy to be completed within the allotted 120-day initial phase in
period.
Section 3.02 Selection and Placement Process.
The CDCR Offenders to be housed in the Facility shall be selected on the basis of compliance
with all applicable state statutes or such other applicable laws or regulations of the state in
which the Facility is located relating to the housing of out of state offenders as may apply, and in
addition thereto, the following criteria and conditions:
3.02.1 Offenders assigned to the Facility shall not have known serious or significant mental
health or serious or significant physical problems.
3.02.2 Offenders assigned to the Facility shall be males eighteen years of age or older.
3.02.3 CONTRACTOR may reject any offender found not to meet the receiving state’s
criteria or otherwise deemed by the CONTRACTOR, in consultation with CDCR, to be
unsuitable for assignment to a particular Facility. In the event the initially considered Facility
is deemed unsuitable for a particular offender, the CONTRACTOR shall make all due effort
to assign offenders to an alternate appropriate Facility under this Agreement. If CDCR is
unable to achieve the Minimum Normalized Occupancy by the end of the of the Initial
Phase-In Period due to Contractor’s rejection of offenders pursuant to this section, the Initial
Phase-In Period shall be extended for thirty (30) days or until the Minimum Normalized
Occupancy is achieved, whichever occurs first.
Prior to transfer, CONTRACTOR will review the classification, medical and conduct records
of those offenders recommended by the CDCR to be housed at the Facility. The parties
understand that the CONTRACTOR’S review shall include classification of the offender
under the law of the state where the offender will be housed, and shall comply with any legal
requirements regarding classification imposed thereby.

5

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Prior to sending any CDCR Offender to the Facility, the CDCR shall provide to the Facility’s
Warden, without charge, copies of pertinent data from institutional files, commitment or other
judicial orders, and medical records of each CDCR Offender to be housed at the Facility. In
conjunction with the initial transfer of inmates from CDCR custody to CONTRACTOR,
CONTRACTOR shall have the right to send representatives, at CONTRACTOR’s expense,
to CDCR Headquarters for the purpose of conducting an on site review of the files of those
inmates proposed by CDCR to be transferred to the CONTRACTOR. If a CDCR offender is
rejected by the CONTRACTOR, the reason for the rejection shall be documented and
provided to the CDCR. All CDCR Offender information shall be subject to statutory
limitations on disclosure, including but not limited to State privacy laws, and provisions of the
federal requirements imposed by the Health Insurance Portability and Accountability Act
(HIPAA) or other Federal privacy laws. The CONTRACTOR shall release information only
in accordance with CDCR direction.
A duly authenticated copy of the CDCR Offender’s commitment papers and any other official
papers
or
documents
authorizing
detention,
case
file
materials
and
medical/dental/psychiatric records shall be delivered at the same time a CDCR Offender
arrives at the transfer point. After the Agreement is executed and CONTRACTOR becomes
familiar with CDCR Offender files, the CONTRACTOR may make reasonable requests for
additional papers or documents to be delivered to CONTRACTOR. CDCR understands that
the safe and secure management of the Facility is dependent upon the CONTRACTOR’s
receipt of complete Offender files and shall not unreasonably withhold requested
documents.
3.02.4 The requirements for minimum normalized occupancy shall commence with the first
placement of offenders at the facility of CONTRACTOR being occupied. CDCR reserves
the right to occupy CONTRACTOR’S facilities in a manner, which best suits the availability
of Offenders for such placement to CDCR. CDCR may occupy one, more than one, or all
facilities at such time and in such manner as best meets their requirements. The
requirements of normalized occupancy within 120 days shall only commence with the first
placement of offenders with any particular facility. Provided however, in the event CDCR
has not utilized beds in one or more of CONTRACTOR's facilities within 180 days from the
first day a CDCR Offender is received at a CONTRACTOR Facility then beds at any such
Facility shall be removed from the capacity used to calculate Minimum Normalized
Occupancy. Prior to removal of said beds, the CDCR shall have the option to reserve those
beds by agreeing to pay the Minimum Normalized Occupancy Rate per facility identified by
CDCR as identified in this Agreement. Thereafter, in the event CDCR desires to use beds in
any Facility so removed and beds are available in the Facility at such time, CDCR and
CONTRACTOR may mutually agree to return these beds to the capacity used to calculate
the Minimum Normalized Occupancy, subject to a reasonable phase-in period at such
Facility.
Section 3.03 Transfer/Delivery of Offenders.
The CONTRACTOR shall be responsible for the transporting of offenders to and from CDCR to
the Facility. The parties agree to cooperate and coordinate their procedures regarding transport
so as to minimize the expense associated with such transfers. All required offender local
transportation to and from the Facility (e.g., for offsite medical care) shall also be provided and
paid for by the CONTRACTOR. Upon the request of the CONTRACTOR and with prior written

6

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

approval of the CDCR Contract Monitor, CONTRACTOR shall be entitled to transfer a CDCR
Offender from one facility to another, provided the facility receiving the transferred CDCR
Offender is operated by CONTRACTOR pursuant to an agreement between CDCR and
CONTRACTOR or between CDCR and an entity with which CONTRACTOR has an operating
contract.
Section 3.04 Costs of Transport of Offenders.
CDCR shall reimburse CONTRACTOR for the cost of transporting offenders between the
transfer point in California and Facility, and between Facility and transfer point in California as
follows:
A.

Cost of airplane and crew (“charter costs”) at actual cost. CONTRACTOR agrees to
provide CDCR with the cost quote for any transfer and CDCR shall have 48 hours to
approve or reject that quote. If CDCR rejects a quote, CDCR shall cooperate with
CONTRACTOR to obtain a replacement service provider to provide the same service
at a rate acceptable to CDCR. If a better quote cannot be obtained through these
efforts, CDCR agrees to allow CONTRACTOR to utilize the initial provider.

B

Costs of guarding to be reimbursed to CONTRACTOR at their cost of salary and fringe
benefits for each guard accompanying the transportation of offenders. Salary and
fringe is defined for this section as actual salary plus 26% of salary in addition thereto
to cover the fringe benefits. In addition, CONTRACTOR shall be entitled administrative
overhead on said amounts calculated for guarding at a rate of 15%. CONTRACTOR
shall be reimbursed for mileage for ground transportation of offenders from the
receiving State drop off point to the facility at the rate then in effect and used by the
Internal Revenue Service for calculation of mileage.

Section 3.05 Offender Funds.
Funds of an individual CDCR Offender shall be provided to CONTRACTOR by CDCR within
seven (7) working days of the CDCR Offender’s transfer. These funds shall be held and
managed pursuant to policies, procedures and practices, which shall be provided to
CONTRACTOR prior to inmate arrival.
Section 3.06 Offender Work/Program Assignment Payment.
CONTRACTOR shall pay inmate wages equal to the amount paid to other inmates housed at
the particular Facility at the time of transfer. Provided, however, CDCR shall inform
CONTRACTOR of the applicable pay scales utilized by CDCR, and inform CONTRACTOR of
any changes occurring thereto during the term of this agreement. CONTRACTOR will review
the CDCR pay scale to ensure that it is in keeping with the Facility pay scales currently in place.
In the event of a discrepancy, CCA will make a recommendation to CDCR for a solution –
recognizing the need to treat CDCR offenders housed out of state in a similar manner to CDCR
offenders in state and taking into account CCA’s need for similar treatment for all jurisdictions in
the facility.

7

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 3.07 Return of Offenders to the CDCR.
3.07.1 Upon demand by the CDCR, offenders will be delivered to the custody of the CDCR
pursuant to the terms as set forth in Section 3.03 of this Agreement.
3.07.2 Within 14 days of receiving a good faith request (based on the diagnosis of a serious
medical condition, on-going or serious disciplinary reasons, or inability to provide a level of
custody consistent with the safety and security of the inmate and/or staff), the CDCR will
accept custody of any offender the CONTRACTOR requests be returned to CDCR custody.
3.07.3 No offender who completes his sentence, is released by court order, or is placed on
probation or parole shall be released in a state, other than California, unless that State has a
detainer on the offender or has accepted custody of the offender pursuant to an interstate
compact. In every other case, prior to release from custody, offenders shall be returned to
the CDCR or to the custody of such jurisdiction as has agreed to take the offender, pursuant
to the terms as set forth in Section 3.03 of this Agreement.
3.07.4 When a CDCR Offender returns to CDCR, the CONTRACTOR shall provide that
offender’s funds, in the form of a check payable to CDCR, in the amount due the CDCR
Offender for credit to the CDCR Offender’s account within seven (7) business days of the
CDCR Offender’s transfer unless an alternate location is directed by CDCR.
3.07.5 When a CDCR Offender returns to CDCR, the CONTRACTOR shall provide a
transfer summary of each CDCR Offender’s program activities (work, education, etc.),
infraction history, and other items deemed necessary by CDCR and/or the CONTRACTOR
staff within ten (10) business days of the CDCR Offender’s transfer.

Article IV
OPERATION OF FACILITY
Section 4.01 General Duties. The CDCR Offenders in the Facility shall be confined and
supervised in accordance with the Operating Requirements. The CONTRACTOR shall maintain
staffing levels at the Facility in accordance with ACA standards and in sufficient numbers and
rank to maintain the safety of the public, staff and offenders and to adequately carry out the
provisions of this Agreement. The CONTRACTOR shall provide CDCR with staffing guidelines
for each facility where CDCR Offenders are housed prior to execution of this Agreement said
minimum staffing patterns are attached hereto as Attachment A.1 through A.5. In the event of
any change to the staffing guidelines for the staff assigned to the particular CDCR housing units
during the term of the Agreement, such revised guidelines shall be provided to CDCR in
advance of any change and shall be subject to CDCR approval which shall not unreasonably
withheld and which shall granted or withheld within ten business days of the request. In advance
of any change, the CONTRACTOR will exercise authority to ensure that the daily operations of
the Facility are in compliance with the provisions of this Agreement. Subject to the provisions of
this Agreement, the CONTRACTOR shall provide CDCR Offenders care and treatment,
including the furnishing of subsistence and routine and emergency medical care consistent with
the requirements of ACA standards, NCCHC standards, CCR Title 15, and constitutionally
appropriate guidelines, provide for their physical needs, make available work, education,

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

training and treatment programs, retain them in safe, supervised custody, maintain proper
discipline and control, make certain that any applicable court orders are complied with, provide
reasonable access to the courts, and otherwise comply with all applicable law. The
CONTRACTOR will provide reports to the CDCR Contract Monitor on the adjustment of CDCR
Offenders consistent with CDCR reviews. Contractor shall provide case management of CDCR
offenders consistent with Title 15 including classification, monitoring earned/good time,
disciplinary activity, programming and other offender activity.
CDCR offenders shall be provided with a copy of the Facility rules and procedures (orientation
guide) upon arrival. The orientation information must include the process for obtaining medical
care, disciplinary process, and the offender appeal/grievance process. A verbal orientation shall
also be provided upon arrival.
Section 4.02 Contract Monitors.
4.02.1

In administering this Agreement, the CDCR shall designate a person, herein
referred to as the CDCR Contract Monitor, to monitor the CONTRACTOR’s
performance under this Agreement. If this provision is not completed at the time of
contract execution, CDCR shall inform CONTRACTOR of the identity of said
monitor, along with the information described below, prior to occupancy of the
facility.

CDCR Contract Monitor

______________ Contract Monitor

Name:

Name:

Address:

Address:

City, State, Zip Code

City, State, Zip Code

Telephone Number:

Telephone Number:

Fax Number:

Fax Number:

4.02.2

The CONTRACTOR shall designate a person who shall act as the Facility’s
contact person for purposes of the administration of this Agreement.

4.02.3

Any change in the Contract Monitor or the CONTRACTOR’s designated contact
person shall be effective upon ten (10) days prior written notice to the other party of
such change.

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

4.02.4

Unless otherwise provided, the CONTRACTOR shall permit the CDCR and any
other duly authorized agent or governmental agency, to monitor all activities
conducted by the CONTRACTOR pursuant to the terms of the Agreement.
Specifically included in this provision is the right of the federally appointed receiver
in the case of Plata v. Schwarzenegger to monitor healthcare services within the
institution. As CDCR or the Receiver may in their sole discretion deem necessary
or appropriate, such monitoring may consist of internal procedures evaluation,
examination of program data, special analysis, on-site checking, formal audit
examinations or any other reasonable procedures. All such monitoring shall be
performed in a manner that shall not unduly interfere with Agreement work.

4.02.5

Healthcare Monitor
The Receiver appointed in the Federal case of Plata v. Schwarzenegger, may, in
his discretion, appoint a Healthcare Monitor to either be housed at the Facility, or to
make periodic inspection visits to the Facility consistent with the provisions of this
section. The same information as is provided by CDCR to CONTRACTOR for its
Contract Monitor shall also be provided to CONTRACTOR for the Healthcare
Monitor.

Section 4.03 Medical/Mental Health/Dental.
The CONTRACTOR shall provide essential health services, including medical, dental and
mental health services, while meeting the applicable standards and levels of quality established
by the ACA, NCCHC, and CCR Title 15. In addition, the CONTRACTOR shall provide services
consistent with all applicable Federal, state, and local laws and regulations governing the
delivery of offender health services and any applicable Court orders, including, but not limited to
orders issued in the case of Plata v. Schwarzenegger, and establish the necessary quality
controls to ensure all policies and procedures are designed and implemented in a manner to
promote orderly and efficient delivery and management of health care services to CDCR
Offenders. Compliance with applicable court orders as set forth above shall not be deemed to
be submission to the jurisdiction of the ordering court, and is a contractual obligation only.
•

CDCR Offenders shall be provided health services consistent with the services provided
by the CDCR under applicable CDCR Offender health services policies and procedures.

Services – All offender medical services shall be provided at the Facility when possible. For
cases requiring emergency care or care that is medically necessary but outside the capability of
the providers at the Facility, e.g. specialty physician or hospital-based services, existing
arrangements with local health care providers shall be utilized to obtain the required services. At
the inception of this contract, a listing of all existing contractual arrangements with local
healthcare providers, including but not limited to acute care hospitals and clinics shall be made
available to CDCR by CONTRACTOR. Any change to this list shall be communicated to CDCR.
The CONTRACTOR shall have a written plan supported by policies and procedures for
providing routine and urgent medical, dental and mental health services. The plan shall include,
but not be limited to the following:

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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Agreement Number C06.298
Exhibit A

24 hour care, seven days a week emergency medical, dental, and mental health care;
initial health screening;
health appraisal examination;
daily triaging of complaints;
sick call procedures with a health practitioner, including offering this service at least 5
days per week;
outpatient medical, dental, and mental health service, including diagnostics and physical
therapy;
inpatient medical services;
special medical programs and services for, but not limited to, offenders with chronic
needs or requiring convalescent care;
mental health and substance abuse services;
adequate staffing of trained professional health services staff and support staff;
pharmaceutical services and supplies;
no cost to CDCR Offender for medication refills and renewals;
optometric services;
health education;
medical diets;
infection control; and
quality control/peer reviews.

Initial/Preliminary Screening – All screening will be conducted by trained or qualified health
care personnel on all offenders within 48 hours of the offender’s arrival at the Facility.
Screening will include, but not limited to:
•
•
•

an inquiry into the offender’s health care history, including status of current modalities
and medications;
an observation of the offender’s behavior, physical limitations and capabilities and
current physical condition; and
An immediate referral to appropriate health care professionals, for emergency care,
prescription management, or modality authorization.

At initial screening, all offenders will receive orientation about the Health Services Unit, including
the procedures for accessing care.
Full Health Appraisal (Intake) – During the initial occupancy phase of this contract all
offenders will receive a full health appraisal within 30 days of arrival at the Facility. This health
appraisal will include, but not limited to:
•
•
•
•
•

review of the earlier screening;
review of the CDCR health care record, including documented history and problem list,
medications ordered, conditions requiring ongoing treatment, and modalities authorized;
collection of a more detailed health services history;
medical examination, including review of mental health and dental status if not
previously examined at CDCR in the previous six months;
laboratory or diagnostic tests to detect communicable disease if not documented in the
previous 12 months;

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work
•
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Agreement Number C06.298
Exhibit A

other tests and diagnostics, as indicated by exam;
initiation of treatment, as indicated;
development and implementation of a treatment plan, including recommendations
concerning physical limitations and restrictions that effect programming, housing and job
assignment;
referral to mental health or dental specialist as indicated; and
offender education, particularly if the treatment plan initiated by CDCR treatment plan is
modified or changed. Any change to an existing treatment plan shall be approved by
CDCR.

In the event CONTRACTOR’s staff are unable to provide the requisite screenings in the time
allowed due to the volume of screenings to be conducted, CONTRACTOR may seek approval
to extend the time for such screenings, consistent with the approval of CDCR and the Receiver,
and if such extension of time is disallowed, may utilize outside contracted services to
accomplish said screenings. CDCR shall be given advance notification of the identity and
qualifications of said individuals, and review the proposed rate of compensation to be paid to
such persons. CDCR shall not unreasonably withhold its consent to such proposed screeners,
and shall reimburse CONTRACTOR for their additional costs incurred in complying with this
provision in such event.
Dental Screening, Examination and Treatment – The CONTRACTOR shall have written
policies and procedures to assure dental screenings, exams, x-rays, and treatment are
rendered consistent with the CDCR and ACA standards. The CDCR records sent to the facility
will be reviewed for dental history and to identify current dental care that should be continued.
Mental Health Screening, Examination and Treatment – The CONTRACTOR shall have
written policies and procedures to assure mental health screenings, evaluations, and treatment
is rendered consistent with the CDCR and ACA standards. The CDCR records sent to the
facility will be reviewed for mental health history and to identify current mental health care
needs. Any patient having demonstrated mental health needs shall be identified to CDCR, and
CDCR shall have the right to request a return of that offender to CDCR custody.
Infectious Diseases – The CONTRACTOR shall have written policies and procedures to
support the management and prevent the spread of infectious diseases. A copy of said policies
shall have been provided to CDCR prior to the execution of this agreement.
Formulary – The CONTRACTOR shall adhere to the Facility formulary. When the only
medically appropriate and medically necessary pharmaceutical for an offender is not on the
Facility formulary, the Facility Medical Director and/or the Health Services Administrator will
follow the Facility’s procedures for obtaining a waiver.
Initial Provisioning Of Medications – At the time of initial transfer, and at the time of any
return of an offender to or from the facility, the CDCR or CONTRACTOR, depending on who is
releasing custody at the time of transfer, shall provide at the time the offender is transferred
between the custody of CDCR and CONTRACTOR, a fourteen (14) day supply of any
medications prescribed for that offender.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Utilization Review/Prior Authorization - CONTRACTOR shall follow the CDCR UHR
procedures and unless the required care is necessitated by an emergency, shall seek advance
approval for any non-routine care outside the facility.
Health Care Records – The CONTRACTOR shall have written policies and procedures to
ensure appropriate and confidential management of offenders’ health care records and health
care information. These policies and procedures shall support standardization of preparation,
format, documentation, release and maintenance of the health care record. The health care
record created at the institution is the property of the CDCR and shall be forwarded to CDCR
when the offender is transferred from the facility. Release of information, including copying
charges, shall be conducted in accordance with CDCR policy and only upon approval of CDCR.
Staffing – The Health Care Unit shall be adequately staffed with trained health care
professionals and support staff to provide the level and the quality of care defined by the ACA,
NCCHC, CCR Title 15, and any court orders. The responsibilities of these staff shall be clearly
defined in their job description and shall be consistent with any applicable scope of practice for
which they are licensed to function, as appropriate. Appropriate supervisory staff shall monitor
performance of these responsibilities. Ultimate responsibility of staff performance lies with the
Facility Medical Director and/or the Health Services Administrator.
Staff Training – The Health Services Administrator/Manager of the health services unit shall
maintain current copies of licenses, accreditation, and certifications of the professional health
care staff as appropriate. All health care services staff shall participate in facility orientation and
training in accordance with Facility, ACA and NCCHC standards.
The Health Care Administrator/Manager shall maintain records of staff participation in facility
orientation and annual training and mandatory Continuing and Professional Education
requirements.
4.03.1

Costs – The cost of providing on-site medical, mental health or dental services
through Facility staff or contracted services shall be considered normal costs
incidental to the operation of the Facility and is included in the CDCR Offender per
diem rates, except that the CDCR shall pay for:
a)

All expenses in excess of $2,500 annually per inmate for medically
necessary, off site hospital or emergency care. This includes, but is not
limited to medical, surgical, mental health, and dental care delivered in an
Emergency Room, practitioner’s office, or inpatient or outpatient hospital
setting. Provided however, CONTRACTOR shall be responsible for the costs
of any off-site medical care if such care should have been provided on-site
through the CONTRACTOR’s provision of routine medical, dental and mental
health services.

b)

All HIV or AIDS related inpatient and outpatient medical costs and the costs
of providing AZT or other medications therapeutically indicated and medically
necessary (as defined in the UHR) for the treatment of offenders with HIV or
AIDS. CONTRACTOR shall notify the CDCR of any offender diagnosed with
HIV or AIDS within three (3) working days.

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California Department of Corrections and Rehabilitation
Scope Of Work

c)

Agreement Number C06.298
Exhibit A

Any costs associated with DNA testing of offenders.

Incidental costs associated with routine blood testing done as part of the
disciplinary process or periodic testing required by the CONTRACTOR (or state
where the Facility is located) are included as part of the per diem rate.
4.03.2

A co-pay in the amount of $5.00 may be charged to CDCR Offenders for certain
medical, dental and/or vision services requested / initiated by the offender in
accordance with Title 15, Section 3354.2. The co-pay fee will be retained by the
CONTRACTOR.

4.03.3

The CDCR shall not be responsible for the payment of elective or experimental
medical procedures or for medical care required as a result of negligence or
intentional misconduct on the part of the CONTRACTOR, its employees, or
subcontractors or for care which could have foreseeably been prevented.

4.03.4

Medical billings from outside vendors which are the responsibility of CDCR shall be
submitted to CDCR within thirty (30) days of receipt.

4.03.5

Upon return of a CDCR Offender to the CDCR, the CONTRACTOR shall provide
the original of the health records of all health care delivered while under
CONTRACTOR’s jurisdiction, including, but not limited to all Facility health records,
community hospital records, radiology reports and films, consultant reports and
laboratory results. In addition, the CONTRACTOR will provide a health summary
prepared by one or more practitioners, appropriate to the complexity of the case.

4.03.6

The parties hereto expressly acknowledge and agree that:
a)

the inmates to be transferred pursuant to this Agreement to the facilities
owned and/or operated by CONTRACTOR (the “Transferee Facilities”) are
members of a class of plaintiffs in an action pending in the United States
District Court for the Northern District of California entitled, Marciano Plata et
al. v. Schwarzenegger et al. No. C01-1351 TEH (the “Plata Action”);

b)

the California Department of Corrections and Rehabilitation (the “CDCR”) is a
named defendant in the Plata Action;

c)

the plaintiffs in the Plata Action have alleged that the health care delivered to
inmates in the California prison system is constitutionally inadequate and
violates their rights guaranteed by the Eighth and Fourteenth Amendments to
the U.S. Constitution;

d)

by order, dated February 14, 2006 (the “February 14 Order”), the Court in the
Plata Action (the “Plata Court”) appointed Robert Sillen as the Receiver (the
“Receiver”) for the California prison health care system and set forth in detail
the duties and responsibilities of the Receiver;

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

e)

pursuant to the February 14 Order, the CDCR and “all persons in concert or
participation” with the CDCR are required to cooperate fully with the Receiver
in the discharge of his duties;

f)

the inmate-class members transferred pursuant to this Agreement are entitled
to receive constitutionally adequate health care while housed in the
Transferee Facilities and shall not, by reason of the transfers, lose their
status as members of the plaintiff class in the Plata Action; and,

g)

the transfers of inmates contemplated by this Agreement are not designed or
intended to thwart, delay or interfere with the Plata Court’s orders or with the
Receiver’s exercise of his duties pursuant to the February 14 Order.

CONTRACTOR expressly acknowledges and agrees that it:
a)

intends to and will provide constitutionally adequate health care to the
inmate-class members while they are housed in the Transferee Facilities;

b)

is a “person in concert and participation with” the CDCR within the meaning
of, and subject to, paragraph VI.A. of the February 14 Order, and has been
provided with a copy of the February 14 Order; and

c)

will cooperate fully with the Receiver and will provide the Receiver access to
the Transferee Facilities and to documents, personnel and inmate-class
members in the Transferee Facilities to the same extent as the Receiver is
provided access to CDCR facilities, personnel and prisoners pursuant to
paragraph II.E. of the February 14 Order provided, however, the Receiver’s
access to documents and personnel pursuant to this Section shall relate only
to such documents and personnel as are directly related to the delivery of
medical care to California inmates in the Transferee Facilities and shall not
include information related to other jurisdiction’s inmates or facility information
unrelated to the provision of medical care to California inmates.

4.03.7

The parties hereto acknowledge and expressly agree that with respect to the
provisions of section 4.03 and all subsections of said section, the Receiver is a
third party beneficiary of this Agreement and hereby consent to the jurisdiction of
the United States District Court for the Northern District of California with respect to
any action or proceeding brought by the Receiver to enforce the provisions of such
sections.

4.03.8

The parties agree that in the even a court appearance is required before the
Honorable Thelton Henderson in San Francisco, California by employees of
CONTRACTOR that the expenses incurred by CONTRACTOR in making the
employees available for said hearing shall be reimbursed to CONTRACTOR by
CDCR. Reimbursement shall include costs of transportation as well as salary
costs, accelerated by 26% to cover fringe benefit. Should the court impose
monetary sanctions against CONTACTOR, CDCR and CONTRACTOR agree to
evaluate the circumstances leading to the imposition of said sanctions and in the
event it is determined that CONTRACTOR had performed within the scope and

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

requirements of this Agreement and that sanctions were issued in spite thereof,
CDCR shall agree to reimburse CONTRACTOR for any sanctions imposed.
Should CDCR not agree that CONTRACTOR’S performance, which resulted in
sanctions was consistent with the obligations imposed under this contract CDCR
may refuse to reimburse CONTRACTOR for the sanctions imposed. In such event
CONTRACTOR may seek a judicial determination of the obligation for the payment
of sanctions pursuant to the provisions set forth in this paragraph.
Section 4.04 Death of an Offender.
4.04.1

In the event of the death of a CDCR Offender, the CONTRACTOR will immediately
notify the CDCR Contract Monitor via telephone and shall have the cause and
circumstances of the death reviewed by the coroner of the local jurisdiction. If
requested by CDCR, the CONTRACTOR shall obtain an independent autopsy.
This autopsy shall be paid for by the CDCR. A certified copy of the death
certificate and the offender’s file and medical records will be forwarded to the
CDCR.

4.04.2

The CONTRACTOR shall furnish all information requested by the CDCR, and
follow the instructions of the CDCR with regard to disposition of the body. The
CDCR will notify the relatives of the deceased offender, if any, as soon as
practicable after death.

4.04.3

All expenses relative to any necessary preparation and shipment of the body shall
be the responsibility of the CDCR.

Section 4.05 Offender Work and Programs.
4.05.1

All eligible offenders shall be afforded the opportunity to participate in programs,
occupational training, and work at the Facility. Ineligible offenders are those who
are ill, unable to work due to age or handicap, and those in administrative or
disciplinary lockdown. No CDCR Offender shall participate in any program,
training or work outside the fenced Facility unless approved in writing by the CDCR
Contract Monitor or designee.

4.05.2

Eligible offenders will be productively occupied for at least 30 hours per week in
work, education, vocational, and/or major habilitation programs in accordance with
the Offender Program Participation Table attached hereto as Attachment A.6.

4.05.3

Programs shall include: Educational programs (basic literacy, adult basic
education, general educational development, ESL (English as a second language);
recreational programs; cognitive behavioral programs; self-help programs (AA/NA);
and vocational/technical programs, as available.

4.05.4

Offenders shall be required to work or participate in educational or vocational
programs, when ordered to do so by the CONTRACTOR. However, offenders
shall not be allowed or required to participate in any training or work contrary to the
laws of California.

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

4.05.5

The CONTRACTOR may dispose of or consume all products produced by any
offender participating in work or vocational programs. The CONTRACTOR will
bear all costs and retain all proceeds there from.

4.05.6

The CONTRACTOR shall daily record the actual hours worked/participated for
each offender (those in work/programs/education/training) on the Work
Supervisor’s Time Log (CDC Form 1697) in order that work credit can be
calculated by CDCR in accordance with Title 15 (§3045). The forms shall be
provided at CDCR expense. The completed forms (white copy) shall be collected
and mailed to the Contract Monitor by the 15th of the following month.

4.05.7

In case of craft programs, the crafts may be sold and proceeds of any sale retained
by the offender.

Section 4.06 Religious Opportunity.
The CONTRACTOR will provide adequate space and opportunity for religious programs on a
daily basis except for offenders in lockdown status in accordance with Title 15 (§3210-3213).
Section 4.07 Recreation and Canteen - Barber.
Offenders shall be provided indoor and outdoor recreational opportunities on a daily basis
except for offenders in lockdown status. Offenders will be provided with commissary service in
accordance with established CDCR policies. Any profits from the commissary operation shall
be deposited in the Offender Welfare Fund, to be administered in accordance with and in a
manner consistent with established CDCR policies.
4.07.1

The CONTRACTOR shall enforce all hair grooming standards as established by
CDCR policy (Title 15, chapter 1, Article 5). The CONTRACTOR shall also
establish and maintain a plan of operation for on-site inmate barber services.
Barber service procedures must provide for the safety, security and maintenance
of the designated area, tools, solutions, equipment and comply with all applicable
health and sanitation codes. The number of inmate barber assignments shall be
consistent with the need to readily service the inmate population.
The
CONTRACTOR should strive to maintain an ethnically diverse barber’s service in
both inmates assigned and services provided. The CONTRACTOR shall ensure
that barber services are directly available and accessible to the inmate population.
Hours of operation must therefore be scheduled in correlation to other facility
programs, activities and other inmate assignments.
The barber service shall comply with acceptable and applicable codes, practices,
standards and requirements established by the appropriate state regulatory agency
in the state where the Facility is located and ACA standards. The CONTRACTOR
shall be responsible for developing a plan of operation for inmate barber services
that, at a minimum, must: (a) ensure that tools are properly inventoried, maintained
and accounted for at all times; (b) provide for trained inmate barbers that are hired
consistent with Facility policy and ACA standards; and (c) ensure that inmate
barbers and services are provided to serve an ethnically diverse inmate population

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

The CONTRACTOR shall provide a designated barber area, centrally located
within the facility and adjacent to the inmate population that is readily accessible to
all inmates for the personal maintenance of hair grooming standards in accordance
with CDCR requirements.
The CONTRACTOR may also provide multiple
designated inmate barber areas equitably located within various areas of the
facility to achieve the same purpose within the framework of safety and security. In
either case, the barber area(s) shall be centrally located and of sufficient size and
dimensions to adequately service the entire inmate population. Clear lines of sight
shall be provided from designated staff/posts. The CONTRACTOR shall ensure
that CDCR principles of proper tool control is incorporated and adhered to by
inmates and staff alike. At a minimum, the barber area shall be equipped with a
sink, power outlets and a chair.
Section 4.08 Telephone.
Access to telephone service shall be provided to CDCR Offenders in accordance with Title 15
(§ 3018, 3044, 3045). CONTRACTOR agrees that any revenues generated by the inmate
telephone system (Inmate Telephone Revenue Funds) shall be segregated and held in a fund
used to purchase, install and offset operating costs of a telephone videoconferencing system,
as shall be acceptable to CDCR for use by CDCR and the inmates as CDCR may direct. Once
the expense of purchase and installation has been paid, CONTRACTOR may retain 10% of all
future payments as and for administrative and overhead costs associated in operating the
Videoconferencing system. The balance of the funds shall be utilized to defray the operating
costs of said system and reduce the operating costs associated therewith to the inmates and
CDCR.
Section 4.09 Clothing.
The CONTRACTOR will be responsible for laundry, repair, and replacement of offender clothing
during the CDCR Offender’s incarceration at the Facility to ensure clean clothes and bedding on
a weekly basis. Upon admission, a minimum of three (3) sets of clean Facility uniforms and
three (3) sets of undergarments and socks, clean bedding (to include sheets, blanket(s), pillow
and pillow case and mattress), climate appropriate outer wear (jackets, etc.) and deck shoes or
other appropriate footwear shall be provided CDCR Offenders, if needed. In addition, offenders
shall receive footwear appropriate to their work assignment. Tennis shoes shall be made
available for purchase in the commissary. CONTRACTOR shall provide laundry services to the
offender at no charge to the offender in accordance with established CDCR policies.
Section 4.10 Meals.
The CONTRACTOR will provide all CDCR Offenders with nutritional meals consistent with
established CDCR policies. A Registered Dietician or Nutritionist shall approve all menus, and
meals shall be prepared in compliance with the approved menus. Menus shall be submitted to
the Contract Monitor for approval on a monthly basis.
Section 4.11 Mail.
Offenders will be provided with mail service. Indigent Offenders shall be provided with supplies
for correspondence for up to the price of twenty (20) one ounce first class letters per month.

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

However, no request for mailing of verified legal pleading will be denied under this provision
regardless of postage limit or financial status of the offender. The CONTRACTOR is entitled to
recoup postage fees when the Offender has sufficient funds in his account.
Section 4.12 Visitation.
The CONTRACTOR shall provide space, opportunity, furniture, and equipment for visitation.
Contact visitation shall be provided unless individual security concerns dictate otherwise. The
CONTRACTOR shall adopt flexible visiting policies for visitors traveling from out of state.
Visitors on CDCR’s approved visitors list shall be approved by the CONTRACTOR unless
security concerns indicate otherwise. Minimum hours of visitation shall be consistent with
CDCR regulations. CONTRACTOR shall provide video conference visitation services at the
Facility upon the request of CDCR, and at CONTRACTOR’S expense (see Section 4.08 above).
If space is available at the Facility and at the request of CDCR, CONTRACTOR shall provide
space appropriate for conjugal visits. The provisioning of said space shall be the expense and
obligation of CONTRACTOR.
Section 4.13 Offender Property.
CDCR Offenders shall be allowed to possess personal property as outlined in Title 15.
Exclusions may be granted based on facility security requirements. CONTRACTOR shall
provide the CDCR allowable property lists prior to the implementation of this agreement.
Section 4.14 Offender Appeals.
The CONTRACTOR will handle all CDCR Offender appeals/grievances related to Facility issues
consistent with Facility policy and procedures (with CDCR approval). CDCR Offenders shall
file appeals to CDCR for non-facility related issues and medical claims. CDCR shall retain final
authority on all issues of appeal. A monthly summary of appeals by volume and type will be
provided to the CDCR Contract Monitor.
Section 4.15 Access to Courts.
The CONTRACTOR will ensure all CDCR Offender court related access is in compliance and
consistent with the provisions of Department Operations Manual and California Code of
Regulations, Title 15. The CONTRACTOR will provide opportunity for meaningful access to
federal and California State legal materials at the Facility in accordance with security and
operating needs. Every attempt should be made by the CONTRACTOR to provide CDCR
Offenders in segregation and protective custody access to the law library collection established
pursuant to this section providing their participation is consistent with the safety and security of
the Facility. If direct access cannot be provided CDCR Offenders in segregation or protective
custody, a process shall be established allowing CDCR Offenders in segregation or protective
custody to request reasonable numbers of materials from a law library. The CONTRACTOR
shall provide CDCR legal materials required to meet constitutional standards via computer and
appropriate software including California specific material. The CONTRACTOR shall provide a
secure and monitored location to house said computer and associated peripherals. The
CONTRACTOR shall provide federal law material; typewriters, including ribbons, and typing
paper; notary services; copying services, including copier paper; legal size envelopes; sufficient
to meet constitutional standards. Items such as paper and typewriters shall be provided and

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

shall be available free of charge to indigent CDCR Offenders. CDCR Offenders need not be
afforded access to copiers; however, the CONTRACTOR shall provide a copy of specific
information, such as a page from a law book, upon request by a CDCR Offender. A common
copy fee shall be set by the CONTRACTOR. The CONTRACTOR shall provide access to law
material when staff has scheduled absences, due to vacations, extended leave or training.
Section 4.16 Offender Records and Progress Reports.
4.16.1

The CONTRACTOR will handle all CDCR Offender Records and insure
compliance consistent with the provisions of DOM and Title 15. Offender
institutional records regarding CDCR Offenders while at the Facility shall be
collected and maintained on-site by the CONTRACTOR in accordance with CDCR
record keeping practices and operating requirements governing confidentiality.
Upon request, all records, reports, and documents related to CDCR Offenders,
including employee records, shall be made available immediately to the CDCR
Contract Monitor for review. When an offender is transferred from the Facility, the
record provided by the CDCR and additional information compiled while the CDCR
Offender was at the Facility will be forwarded to the CDCR. The record consists of
reports, timesheets, staff memos, correspondence, and other documentation
relating to behavior of the CDCR Offender.

4.16.2

The CONTRACTOR shall define a local level of case planning, subject to CDCR
review and approval. Case planning information will be included in each CDCR
Offender’s progress report prepared by the CONTRACTOR and submitted to
CDCR once per year as designated by the CDCR Contract Monitor. The progress
report shall include narrative sections describing the following subjects:
programming; serious infraction record; medical; mental health; community
support; counselor comments; recommended custody and placement changes;
and offender comments. A copy shall be provided to the CDCR Offender. CDCR
Offender’s appeals of the counselor comments/recommendations in the progress
report shall be appealed to the CDCR.

4.16.3

All warrants/holds/detainers received by the CONTRACTOR for a CDCR offender
shall be forwarded to the CDCR Contract Monitor within 24 hours.

Section 4.17 Transportation & Security.
The CONTRACTOR will provide security for Offenders assigned to the Facility whether in the
Facility or elsewhere. The CONTRACTOR will provide transportation (transportation security
procedures/staffing levels to be provided by CONTRACTOR prior to signing this agreement) to
and from medical appointments, emergency medical care, and state and federal court
appearances within a 150 mile radius of the Facility at CONTRACTOR’s cost.
Section 4.18 Removal of Offenders from the Facility.
Except for emergency health care needs, CDCR Offenders shall not be assigned from the
Facility without prior written authorization from the CDCR Contract Monitor.

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 4.19 Use of Force.
The CONTRACTOR’s use of force policy and training program for security staff shall be
approved by the CDCR prior to offenders being transferred to the Facility and consistent with
the CDCR Use of Force Policy as well as any other applicable use of force law applicable to the
Facility or its operations. Following any use of force involving injuries, an incident report shall
be prepared and the CDCR staff shall be notified pursuant to Section 4.21 “Notification of
Incidents, Emergencies, and Escapes.”
Section 4.20 Escapes.
In the event of an escape by a CDCR Offender(s) from the Facility’s physical custody, the
CONTRACTOR shall, in addition to efforts to apprehend such CDCR Offender, immediately
notify the CDCR Administrative Officer of the Day, CDCR I.D./Warrants Unit, and the local law
enforcement agencies as required by state statute in the same manner it uses for any other
Facility escapees.
Section 4.21 Notification of Offender Incidents, Emergencies, Escapes, and Discipline.
4.21.1

The CONTRACTOR will handle all CDCR Offender related incidents, emergencies,
and escapes in compliance with the provisions of DOM and Title 15. Incidents
involving/impacting CDCR Offenders are to be reported using the established
CDCR-approved reporting format. Such incidents are to be reported to the CDCR
Contract Monitor within 24-hours of the occurrence. The CONTRACTOR and
CDCR will provide each other with a list of names, phone numbers, and fax
numbers for personnel to whom inquiries regarding fiscal, medical, and operations
matters should be directed.
For incidents involving any offender, the
CONTRACTOR will send to the CDCR Contract Monitor reports on the incident on
a timely basis.

4.21.2

The CONTRACTOR will handle all CDCR Offender disciplinary related matters
according to the applicable provisions of DOM and CCR Title 15. CDCR will
provide training regarding their policies and procedures to CONTRACTOR’s
personnel at CDCR Headquarters in Sacramento, California, as CONTRACTOR
may request. CONTRACTOR shall be responsible for all expenses associated with
the transporting of CONTRACTOR’s employees to Sacramento for such training.
CDCR shall not charge CONTRACTOR for such training, nor be at any expense in
providing such training to CONTRACTOR’s employees.

4.21.3

The CONTRACTOR will notify the CDCR identification and warrants section
immediately (24 hours a day) by telephone for any:
a)
b)
c)
d)
e)
f)

Offender escape;
Use of deadly force;
Use of force in which there is an injury requiring medical treatment;
Assault, including sexual assault, by an employee, offender, or civilian;
Disturbance involving three or more offenders which is not brought under
control within 15 minutes;
Death of an offender;

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

g)
h)
i)
j)

Agreement Number C06.298
Exhibit A

Rape of an offender;
Property destruction rendering a living unit or support service area unusable;
Hostage situation;
Use of chemical agents.

All other incident reports, medical pre-authorizations, notices of emergency,
medical treatments, and removal of Offenders from the facility shall be faxed to the
CDCR Contract Monitor within 24 hours of the incident. The CONTRACTOR shall
inform the CDCR of all significant incidents involving CDCR Offenders assigned to
the Facility within 24 hours of occurrence. Significant Incidents include serious
infractions, offender deaths, and all non-routine offender movement from the
Facility, including emergency medical moves and removals from population to a
Facility deemed appropriate and operated by the CONTRACTOR, and other such
moves. Incidents described in this section shall be reported to appropriate CDCR
staff as described CDCR.
4.21.4

Disciplinary reports, reclassification requests, or diagnoses that an offender has a
serious medical condition shall be mailed to the CDCR Contract Monitor and
Receiver’s Healthcare Monitor, if designated, weekly.
Additionally, the
CONTRACTOR shall forward to the CDCR Contract Monitor a monthly report
detailing the disciplinary actions taken on CDCR Offenders. The content and form
of the report will be mutually agreed upon by both parties to this Agreement. Daily
offender movement sheets shall be faxed to the Contract Monitor as well.

4.21.5

The CONTRACTOR will provide a quarterly report to the CDCR Contract Monitor
that chronicles/summarizes significant activities occurring during the quarter, and
will be in the following format:
Cover
The standard cover shall identify the Facility, name/rank or title and telephone
number of reporting staff member.
Section 1: Institution Specific Issues
This section will reflect issues related to individual Facility intelligence and
investigation activities, and contain the findings of a trend analysis for the following
items:
1. Rule infractions;
2. Results of significant contraband recoveries, such as the number and type of
weapons found, narcotics, etc.;
3. Urinalysis screening;
4. Requests for protective custody;
5. Offender store orders, e.g. stockpiling;
6. Lockdowns for cause;
7. Visiting program contraband recoveries;
8. Offender/staff confrontations, including threats against staff;
9. Incidents and type of offender violence;
10. Offender deaths; and
11. Staff turnover by type.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 2: Outside Referrals
This section will report each inter-departmental intelligence or investigative contact,
as well as referrals to outside law enforcement agencies. It will also designate the
status of the referral, i.e., investigation being conducted, referral to prosecutor, no
prosecution decision, etc. These cases need to ensure confidentiality of disclosure
consistent with CDCR policy.
Section 3: Substance Abuse Activity
This section will provide a general statement concerning drug activity, and a report
of substance abuse testing data within the Facility. It will also include information
on the types of narcotics found, and strategies for dealing with these activities.
Section 4: Analytical Paragraph
This section will represent an analysis of the information that has been gathered,
i.e., any findings related to the analysis of investigative reports and conclusions
drawn from the analysis of problems pertaining to:
•
•
•

4.21.6

Physical plant, to include grounds and work areas;
Operating procedures and post orders; and
Recommendations for corrective action which should be taken in order
to correct the problems, if any, listed above.

The CONTRACTOR shall furnish copies of any regularly generated reports that are
requested by the CDCR except for those reports which contain confidential
financial or company proprietary information unrelated to CDCR Offender case,
custody or housing.

Section 4.22 Earned Time/Good Time.
The CONTRACTOR shall furnish specific information to the CDCR for purposes of award or
forfeiture of earned/good time for eligible offenders. The final decision on awarding or forfeiture
of earned/good time rests with the CDCR.
Section 4.23 Sentence Computation.
The CONTRACTOR will furnish the CDCR with the following information for sentence
computation purposes: infractions, work assignments, program assignments, and performance.
The final decision with respect to sentence computation rests with CDCR. Sentence
computation will be done by the CDCR. The CDCR will furnish adjusted release dates to the
CONTRACTOR as necessary.
Section 4.24 Classification.
The CONTRACTOR will handle all CDCR Offender classification and ensure compliance
consistent with the applicable provisions of DOM and Title 15. Any offender may be
administratively transferred to a higher security level pending approval by the CDCR. No
offender may be transferred to a lower security level without prior approval of CDCR.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 4.25 Facility Space for Hearings, Inspections, Audits, and Contract/Healthcare
Monitors.
4.25.1

Adequate facilities for any hearings, inspections, audits, and related CDCR case
management activities, including furniture, equipment, on-site clerical support, and
security staff, shall be made available to CDCR employees or designated
representatives.

4.25.2

Unless required more frequently by law, standard and/or corporate/local policy, the
CONTRACTOR will complete documented formal inspections of the following
areas, according to stipulated schedule:
Security
Sanitation
Fire/Safety
Environmental Health

per shift
monthly
quarterly
annually

Copy of the inspection reports will be submitted to the CDCR Contract Monitor in a
format provided by CDCR, to include action taken to correct noted deficiencies.
4.25.3

The Facility will complete audits in accordance with CCA policy and ACA
standards.

Section 4.26 Public Information.
The CONTRACTOR will process all CDCR Offender publicity issues or requests for information
consistent with the applicable provisions of DOM and Title 15. CONTRACTOR shall not be
authorized to release publicity concerning CDCR Offenders. They shall not release personal
histories or photographs of CDCR Offenders or information concerning their arrivals or
departures, except as provided herein. All requests shall be forwarded to the CDCR Office of
Communications (see Section 2.05).
Section 4.27 Inspections.
The CDCR and/or Receiver shall have the right to inspect and/or audit the Facility at its
discretion with or without advance notice. CONTRACTOR reserves the right to deny access
during off hours (defined as the period between 8PM and 8AM) to individuals not identified
previously to them either in this contract or otherwise in writing. In such event, prior to denying
authorization, CONTRACTOR shall first contact the CDCR Contract Monitor for direction and/or
approval authority. CONTRACTOR reserves the right to request proper identification prior to
admission in all cases.
Section 4.28 Offender Account Deductions (Restitution) Collection and Accounting.
CONTRACTOR shall be responsible for collecting restitution from the wages and account
deposits of inmates who owe restitution, pursuant to Penal Code § 2085.5, as further detailed in
Regulations Title 15 Section 3097.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

As of the date of this contract, that amount is 40%, plus 10% administrative fee, for a total of
44% of the inmate’s wages and deposits. Said amount is currently scheduled to increase to the
statutory maximum of 55% on January 1, 2007, pursuant to the above Regulations.
By entering into this agreement, CONTRACTOR acknowledges that CONTRACTOR is
responsible for satisfying CDCR’s restitution obligations under such regulations as they
currently exist and as they may be amended in the future.
CONTRACTOR shall collect restitution fines beginning with the oldest first. CONTRACTOR
shall collect direct orders of restitution when notified by CDCR to activate the direct order, in
which case it shall be collected upon as first priority, above any restitution fines, as expressed in
penal code § 2085.5.
CONTRACTOR shall hold such funds in an interest-bearing account in trust for State for the
purposes set forth in said statute and regulations, and shall not commingle such funds with
CONTRACTOR’s own funds or with any other funds. The CONTRACTOR shall also ensure
that the restitution collections and administrative fees are not commingled and are submitted to
the Department separately (by separate checks). Note – fines and direct orders may have the
same case number but must be accounted for separately.
CONTRACTOR shall at all times keep an accurate and up-to-date accounting of all such funds
and restitution information, and shall remit the inmate fund collections and associated inmate
case information to CDCR as directed. By the 10th of each month following collections,
CONTRACTOR shall forward the amount of restitution and administrative fees to Inmate Trust
Control Accounting Unit, P.O. Box 1046, Folsom, CA 95763-1046. The remittance shall include
an itemized statement which includes the CDCR number, inmate name, case number,
sentencing date, sentencing county, designation of fine or direct order, original fine/order
amount, amount of restitution collected, date(s) of deductions, amount of administrative fees
collected and balance still owing. The remittance must be subtotaled by restitution fines and
direct order amounts. In addition, CONTRACTOR shall timely provide an accounting of all such
funds to CDCR at any time upon request.
Any such restitution funds remaining in CONTRACTOR’s possession at the end of the contract
shall be remitted to the State for proper disposition pursuant to said Statute and regulations.
CDCR is midway to completion of a new accounting system that will replace and centralize all
restitution, accounting, and canteen records into a single database and system at CDCR
headquarters. This system, called the CDCR Restitution, Accounting, and Canteen System
(RACS) is currently scheduled to be completed in 2008, although CDCR can not provide a
guaranteed completion date due to factors outside of CDCR’s control.
Upon completion of the RACS system, the CONTRACTOR shall receive and transmit the
restitution collection data though an electronic interface with CDCR. The design, testing, and
documentation of the CONTRACTOR’s interface shall be subject to CDCR’s approval and must
be utilized and supported without additional cost to CDCR.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 4.29 Policy and/or Procedure Changes.
The CONTRACTOR will process all policy and procedural changes consistent with the
applicable provisions of DOM and Title 15.
Section 4.30 Quality Assurance and Initial Security Audit.
The CONTRACTOR shall perform customary and usual Quality Control Audits of the facility and
provide those audits to CDCR not less than quarterly. At the request of CDCR, CONTRACTOR
agrees to include in those audits, such items for review (in addition to those reviewed in the
previous audit,) such items as CDCR may reasonably request.
Section 4.31 Tobacco – Prohibitions.
Consistent with Title 15, no CDCR offender will be allowed to use, possess, or purchase any
tobacco products. Nor shall they be subject to second hand smoke from staff or offenders from
other jurisdictions who may be housed in the Facility.

Article V
FACILITY EMPLOYEES
Section 5.01 Independent CONTRACTOR.
The CONTRACTOR and its employees are associated with CDCR only for the purposes and to
the extent set forth in this Agreement. With respect to the performance of the services setout
herein, the CONTRACTOR is and shall be an independent CONTRACTOR and, subject to the
terms of this Agreement, shall have the sole right to manage the operations of the Facility. The
CONTRACTOR shall perform its duties hereunder as an independent CONTRACTOR and not
as an employee. Neither the Facility nor any agent or employee of the CONTRACTOR has the
authority, actual or implied, to bind, incur liability, or act on behalf of CDCR or the State. Neither
the CONTRACTOR nor any agent or employee of the CONTRACTOR shall accrue leave,
retirement, insurance, bonding or any other benefit afforded to the employees of California as a
result of this Agreement.
Section 5.02 Personnel.
Personnel shall be retained to deliver Twenty-four (24) hour care and supervision to
incarcerated individuals, as well as administrative and support service personnel for the overall
operation of the Facility, in accordance with CONTRACTOR operating requirements. All
personnel shall be hired in accordance with CONTRACTOR personnel policies and procedures.
Section 5.03 Training.
All personnel shall be trained in accordance with CONTRACTOR personnel policies and
procedures. If desired, CDCR agrees to provide such training to CONTRACTOR’s personnel on
CDCR’s policies and procedures as CONTRACTOR may reasonably request. Said training shall
be conducted at CDCR Headquarters in Sacramento, unless CDCR agrees otherwise. Costs

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

associated with said training shall be borne by CONTRACTOR. CDCR shall make no charge for
such training, and shall bear no expense in connection therewith.
Section 5.04 Worker’s Compensation.
CONTRACTOR hereby represents and warrants that CONTRACTOR is currently and shall, for
the duration of this agreement, carry workers’ compensation insurance, at CONTRACTOR’s
expenses, or that it is self-insured through a policy acceptable to the CDCR, for all of its
employees who will be engaged in the performance of this agreement. Such coverage will be a
condition of CDCR’s obligation to pay for services provided under this Agreement.
Prior to approval of this agreement and before performing any work, CONTRACTOR shall
furnish to the State evidence of valid workers’ compensation coverage. CONTRACTOR agrees
that the workers’ compensation insurance shall be in effect at all times during the term of this
agreement. In the event said insurance coverage expires or is canceled at any time during the
term of this agreement, CONTRACTOR agrees to give at least thirty (30) days prior notice to
CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage
shall not be for less than the remainder of the term of the agreement or for a period of not less
than one year. The State reserves the right to verify the CONTRACTOR’s evidence of
coverage. In the event the CONTRACTOR fails to keep workers’ compensation insurance
coverage in effect at all times, the State reserves the right to terminate this agreement and seek
any other remedies afforded by the laws of this State.
CONTRACTOR also agrees to indemnify, defend and save harmless the State, its officers,
agents and employees from any and all of CONTRACTOR’s workers’ compensation claims and
losses by CONTRACTOR’s officers, agents and employees related to the performance of this
agreement.
Section 5.05 CDCR Non-Liability for Injuries Caused by Inmates.
Neither the State nor any State employee will be liable to the CONTRACTOR or its staff for
injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the
CONTRACTOR any statement(s) known to State staff made by any inmate or parolee which
indicates violence may result in any specific situation, and the same responsibility will be shared
by the CONTRACTOR in disclosing such statement(s) to the State.

Article VI
COMPENSATION AND ADJUSTMENTS
Section 6.01 Compensable Offenders.
The terms of this Agreement apply only to CDCR Offenders. Nothing in this Agreement shall be
construed to impose upon the CDCR any financial or other obligations for any non-CDCR
Offender housed in the Facility. The CONTRACTOR’s costs of operations including start-up
expenses, legal services and the risks of physical damage to the Facility incurred as a direct
result of the placement of a CDCR Offender in the Facility shall be considered usual costs
incidental to the operation of the Facility and part of the compensation set forth herein.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 6.02 Payment.
6.02.1

During the Initial Phase-In Period, CDCR shall pay directly to CONTRACTOR a per
offender per day (per diem) rate of $63.00 for each CDCR Offender housed at the
Facility.

6.02.2

Following the Initial Phase-In Period and for the remainder of the initial three-year
term of this Agreement, CDCR shall pay directly to CONTRACTOR a per diem rate
of $63.00 for each CDCR Offender housed at the Facility, based upon the average
daily population per month, with a minimum monthly payment equal to the per diem
rate times the guaranteed Minimum Normalized Occupancy times the number of
days in the billing month.

6.02.3

Reimbursable Expenses as set forth in Sections 3.03, 3.04, 4.03.1 and 4.03.3 of
this Agreement or such other sections as may set forth a CDCR cost
reimbursement obligation.

Section 6.03 Change in Scope of Services.
The parties recognize that they have entered into this Agreement based upon currently existing
operating requirements. Should a change in any of these requirements occur which
necessitates a change in the scope of services and/or necessitates additional services so as to
increase or decrease the cost of operating or performing other services as contemplated by this
Agreement, either party may present documentation to support an increase or decrease to the
per diem rate. Thereafter, the parties will use their best efforts to arrive at a mutually accepted
increase or decrease in the per diem rate. Specifically it is understood that CDCR may require
additional medical and healthcare staffing above that as shown in the staffing information
provided by CONTRACTOR (Said staffing information is attached hereto as Attachment A.1
through A.5, and is incorporated into this agreement by reference and specifically made a part
hereof). In said event CDCR agrees to bear the actual cost incurred by CONTRACTOR in
providing those additional medical and healthcare services.
Section 6.04 Billings.
CONTRACTOR will submit detailed invoices for payment of the compensation payable by
CDCR to CONTRACTOR pursuant to the terms of Section 6.02, above, with supporting
documentation to CDCR, in arrears on a monthly basis within five business days of month end,
though the failure to do so shall not negate the obligation of CDCR to pay such invoice. CDCR
will make payment within 45 days of receipt of the invoice.
Section 6.05 Taxes/Utilities.
CONTRACTOR shall pay all local, state, federal taxes and all utilities charged, incurred, or
imposed with respect to the Facility.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Article VII
LEGAL PROCEEDINGS, INDEMNIFICATION & INSURANCE
Section 7.01 Indemnification.
The CONTRACTOR hereby assumes entire responsibility and liability for any and all damages
or injury of any kind or nature whatever (including death resulting there from) 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
Agreement. If any claims for such damage or injury (including death resulting there from) 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 CDCR, their officers, agents, servants and employees, and the Receiver
appointed in the Federal case of Plata v. Schwarzenegger, from and against any and all such
claims, and further from and against any and all loss, cost, expense, liability, damage or injury,
including legal fees and disbursements, that the State and CDCR, their officers, agents,
servants or employees may directly or indirectly sustain, suffer, or incur as a result, and the
CONTRACTOR agrees to and does hereby assume, on behalf of the State and CDCR, their
officers, agents, servants and employees, the defense of any action at law or in equity which
may be brought against the State, CDCR or their contractors (if any), their officers, agents,
servants or employees, arising by reason of such claims and to pay on behalf of the State and
CDCR, their 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, their
officers, agents, servants or employees in any such action.
As part of the CONTRACTOR’S assumption of all responsibility and liability for any and all
damage or injury as detailed above, the CONTRACTOR further agrees to hold harmless,
defend and indemnify the State and CDCR 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 be asserted or brought against the State, CDCR or the
CONTRACTOR as a result of any injury or damage to any person or persons (including death)
or property (i) allegedly caused by, resulting from, arising out of, or occurring in connection with
the furnishing of any goods, equipment or services or the performance or preparation for
performance of any of the work or any duties of the CONTRACTOR hereunder, or incidental or
pertaining thereto, and (ii) whether or not such injury or damage is due to or chargeable to 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 and indemnify the State and
CDCR 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

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

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.
Section 7.02 Legal Proceedings.
The CONTRACTOR shall not be responsible for defending any post conviction action, including
appeals and writs of habeas corpus by any offender challenging the underlying judgment of
conviction or the administration of the sentence imposed.
Section 7.03 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 California 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 of not less than fifty thousand
dollars ($50,000).
The CONTRACTOR shall obtain and provide proof of workers' compensation insurance
coverage (including employer liability) in the amount and manner required by law for all
employees of the CONTRACTOR.
The CONTRACTOR shall obtain and/or provide proof of professional liability insurance
coverage, including medical malpractice liability and errors and omissions coverage, to cover all
professional services to be provided by the CONTRACTOR to the State under this Contract.
The amount of coverage obtained shall be two million dollars ($2,000,000) per occurrence with
a five million dollar ($5,000,000) yearly aggregate. If 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 assumed by the CONTRACTOR under this Contract and for which the
CONTRACTOR may be liable to the State or CDCR 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.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

All insurance coverage shall be obtained by the CONTRACTOR through an insurance agent
licensed in the state where the Facility is located and such coverage shall be provided by an
insurance company licensed to issue such coverage in such state. No "self-insurance"
coverage shall be acceptable unless the CONTRACTOR is licensed or authorized to self-insure
for a particular coverage in the state where the Facility is located, or is an insured member of a
self-insurance group that is licensed to self-insure in such state. All policies shall include a
provision requiring at least thirty (30) days' prior written notice of cancellation to the State and
CDCR.
All insurance coverage required to be obtained by the CONTRACTOR shall continue in full force
and effect during the term of the Contract and any extension thereof. 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 the
state where the Facility is located and coverage issued by surplus lines companies shall not be
acceptable with the exception of civil rights liability coverage. All insurance carriers shall be, at
the minimum, rated "A VII" 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 five (5) 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 the CONTRACTOR may wish to purchase for its own benefit.
As respects to the total limits of liability required, any combination of primary and/or umbrella
coverage may satisfy those totals. However, if an umbrella is used, coverage must be at least
as broad as the primary coverage.
Section 7.04 Certificate of Insurance and Cancellation.
During the performance of the management services hereunder, the CONTRACTOR shall
maintain the plan of insurance and submit a Certificate of Insurance to CDCR for the mutual
protection and benefit of it and CDCR, naming CDCR as co-insured and entitled to all notices
issued under the policy, to cover claims that may arise out of or result from the
CONTRACTOR`S operation and management services hereunder, whether same be by
the CONTRACTOR or a subcontractor or by anyone directly or indirectly employed by any
of them, or by anyone for whose acts any of them may be liable. CDCR 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 CDCR at least fifteen (15) days
after receipt by CONTRACTOR.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 7.05 Defense/Immunity.
By entering into the Contract, neither the State, CDCR 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.
Section 7.06 Notice of Claims.
Within ten (10) business days after receipt by CDCR, or of any agent, employee or officer of
CDCR, of a summons in any action, or within ten (10) business days of receipt by CDCR, or of
any agent, employee or officer thereof, of notice of claim, CDCR, 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 CDCR or any agent, employee or officer,
but only if such failure to notify results in a prejudice to the CONTRACTOR, CDCR or any agent,
employee or officer. The CONTRACTOR will provide CDCR similar notice of claims.
Section 7.07 Prior Occurrences.
The CONTRACTOR shall not be responsible for any losses or costs resulting from offender
litigation pending at the effective date of this Agreement or for lawsuits based on acts or
omissions occurring prior to the effective date of the Agreement.
Section 7.08 Waiver.
No waiver of any breach of any of the terms or conditions of the Agreement 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.
Section 7.09 Risk of Physical Damage to Facility.
The risks and costs of physical damage to the Facility shall be considered usual costs incidental
to the operation of the Facility and part of the costs reimbursed by the fixed rate per offender
day as provided in Article VI. This does not preclude CONTRACTOR from taking action against
an offender who causes such damages.

Article VIII
DEFAULT AND TERMINATION
Section 8.01 CDCR Default.
Failure by CDCR to pay any payment required to be paid pursuant to this Agreement within forty
five (45) days after payment is due shall constitute an Event of Default on the part of CDCR,
provided such failure to pay shall not constitute an Event of Default if CDCR has withheld any
payment to CONTRACTOR pursuant to statutory authority.

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Failure by CDCR to keep, observe, perform, meet or comply with any covenant, agreement,
term, or provision of this Agreement required to be kept, observed, met, performed, or complied
with by CDCR hereunder, which such failure continues for a period of thirty (30) days
after CDCR has received a written notice of deficiency from the CONTRACTOR.
Section 8.02 CONTRACTOR Default.
Each of the following shall constitute an Event of Default on the part of the CONTRACTOR:
8.02.1

The failure to keep, observe, perform, meet or comply with any covenant,
agreement, term, or provision of this Agreement to be kept, observed, met,
performed, or complied with by CONTRACTOR hereunder, which such failure
continues for a period of thirty (30) days after CONTRACTOR has received a
written notice of deficiency from the Contract Monitor.

8.02.2

The failure of CONTRACTOR to meet or comply with any applicable federal or
state requirement or law, which such failure continues for a period of thirty (30)
days after CONTRACTOR has received a written notice of deficiency from the
Contract Monitor.

8.02.3

The failure of CONTRACTOR to comply with any applicable CDCR policy for which
CONTRACTOR has not received a prior written waiver from CDCR, when such
failure continues for a period of thirty (30) days after CONTRACTOR has received
a written notice of deficiency from the Contract Monitor. Provided however, the
Contract Monitor shall not unilaterally provide written notices of deficiency
regarding any areas where there is a conflict between Governing Standards,
pursuant to Section 9.29 and until the CONTRACTOR and CDCR have had an
opportunity to mutually agree upon the appropriate Governing Standard pursuant
to Section 9.29.

8.02.4

If CONTRACTOR (a) admits in writing its inability to pay its debts; (b) makes a
general assignment for the benefit of creditors; (c) suffers a decree or order
appointing a receiver or trustee for it or substantially all of its property to be entered
and, if entered without its consent, not to be stayed or discharged within sixty (60)
days; (d) suffers a 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 (e) suffers
any judgment, writ of attachment or execution, or any similar process to be issued
or levied against a substantial part of its property.

8.02.5

The discovery by CDCR that any statement, representation or warranty in this
Agreement on the part of CONTRACTOR is false, misleading, or erroneous in any
material respect.

Section 8.03 Notice of Breach.
No breach of this Agreement by 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

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

that a deficiency or deficiencies exist(s) that, unless corrected or timely cured, will constitute a
material breach of this Agreement on the part of the party against which a breach is asserted.
Nothing in this section is intended to prevent any party from terminating this Agreement
pursuant to Section 2.03 of this Agreement.
Section 8.04 Time to Cure.
If any material breach of this Agreement by either party remains uncured more than thirty (30)
days after written notice thereof by the party asserting this breach, this shall be an Event of
Breach, provided, however, if within thirty (30) days after such notice, a substantial good faith
effort to cure breach shall not be an Event of Default if it is cured within a reasonable time
thereafter.
Section 8.05 Remedy for Default.
Upon the occurrence of an Event of Default, either party shall have the right to pursue any
remedy it may have at law or equity, including but not limited to reducing its claim to judgment,
including seeking an award of attorneys fees and costs, taking action to cure the Event of
Default, and termination of the Contract.
Section 8.06 Waiver.
No waiver of any breach of any terms or conditions of this Agreement 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.
Section 8.07 Termination for Immediate Threat.
The requirement of written notice and opportunity to cure as provided in Sections 8.02, 8.03 and
8.04 will not apply if the CDCR, in its sole discretion, determines that a CONTRACTOR default
has occurred, which creates an immediate threat of imminent harm to the safety, health or
welfare of the public, employees or offenders. In such event the parties shall mutually
cooperate for an immediate return of CDCR offenders consistent with the availability of
transportation and housing.

Article IX
MISCELLANEOUS
Section 9.01 Consolidation.
CONTRACTOR and CDCR shall work in good faith to consolidate the CDCR population into
one location as additional bed capacity becomes available in CONTRACTOR’s system.
Section 9.02 Integration.
This Agreement is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

any force or affect whatsoever, unless embodied herein by writing. No subsequent innovation,
renewal, addition or other amendment hereto shall have any force unless embodied in a written
agreement executed and approved pursuant to State of California laws, rules and policies.
Section 9.03 Contract or Billing Disputes.
As a condition precedent to CONTRACTOR’s right to institute and pursue litigation or other
legally available dispute resolution process, if any, CONTRACTOR agrees that all disputes
and/or claims of CONTRACTOR arising under or related to the Agreement shall be resolved
pursuant to the following processes. CONTRACTOR’s failure to comply with said dispute
resolution procedures shall constitute a failure to exhaust administrative remedies.
Pending the final resolution of any such disputes and/or claims, CONTRACTOR agrees to
diligently proceed with the performance of the Agreement, including the delivering of goods or
providing of services. CONTRACTOR’s failure to diligently proceed shall constitute a material
breach of the Agreement.
The Agreement shall be interpreted, administered, and enforced according to the laws of the
State of California. The parties agree that any suit brought hereunder shall have venue in
Sacramento, California, the parties hereby waiving any claim or defense that such venue is not
convenient or proper.
a.

Final Payment
Unless provided otherwise at the time of payment, the acceptance by CONTRACTOR of
final payment shall release the California Department of Corrections and Rehabilitation
(CDCR) from all claims, demands and liability to CONTRACTOR for everything done or
furnished in connection with this work and from every act and neglect of CDCR and
others relating to or arising out of this work except for any claim previously accepted
and/or in process of resolution.

b.

Informal Appeal
CONTRACTOR and the program or institution contract liaison, or other designated
CDCR employee of the unit for which the goods are being delivered or the service is
being performed, shall first attempt in good faith to resolve the dispute or claim by
informal discussion(s). CONTRACTOR shall identify the issues and the relief sought.
The program or institution contract liaison shall issue an informal written statement to
CONTRACTOR regarding the dispute within fifteen (15) calendar days following
settlement or an impasse in the informal discussion(s) process. The written statement
shall either: (1) document the dispute settlement and what, if any, conditions were
reached; or, (2) document the reason(s) the dispute could not be resolved informally and
provide notification to CONTRACTOR of its option to file a formal appeal within thirty
(30) days of the informal statement. One (1) copy of the informal statement and the
discussion(s) on which it is based shall be forwarded immediately to the Office of
Business Services (OBS) for inclusion in the Agreement file.

c.

Formal Appeal
If the dispute or claim is not resolved to CONTRACTOR’s satisfaction by the informal
appeal process, CONTRACTOR may file with the Associate Director, Procurement and

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Contracts Branch (PCB), OBS, a formal written appeal within thirty (30) calendar days of
the date of CDCR’s informal written decision. The formal written appeal shall be
addressed as follows:

Karen Smith
Associate Director
Procurement and Contracts Branch
Office of Business Services
California Department of Corrections and Rehabilitation
P.O. Box 942883
Sacramento, California 94283-0001
CONTRACTOR shall specify in the formal written appeal the issue(s) in dispute, the
particular relief or remedy sought, the factual basis for CONTRACTOR’s claim or
dispute, and CONTRACTOR’s legal, technical and/or other authority upon which
CONTRACTOR bases its claim or dispute.
The formal written appeal shall include a written certification signed by a knowledgeable
company official under the penalty of perjury according to the laws of the State of
California pursuant to California Code of Civil Procedure Section 2015.5 that the dispute,
claim, or demand is made in good faith, and that the supporting data are accurate and
complete. If an Agreement adjustment is requested, the written certification shall further
state under penalty of perjury that the relief requested accurately reflects the Agreement
adjustment for which the CDCR is responsible.
If CONTRACTOR is a corporation, the written certification shall be signed by an officer
thereof. If CONTRACTOR is a sole proprietorship or partnership, it shall be signed by
an owner or full partner. If CONTRACTOR is other than a corporation, sole
proprietorship or partnership, it shall be signed by a principal of the company with
authority to bind the company.
The Associate Director, PCB, OBS, shall issue a formal written decision on behalf of
CDCR within thirty (30) calendar days of receipt of the properly addressed formal written
appeal. If mutually agreed by the parties, the date for the issuance of CDCR’s final
written decision may be extended.
d.

Further Resolution – If the dispute is not resolved by the formal appeal process to
CONTRACTOR’s satisfaction, or CONTRACTOR has not received a written decision
from the Associate Director, PCB, OBS, after thirty (30) calendar days, or other mutually
agreed extension, CONTRACTOR may thereafter pursue its right to institute other
dispute resolution process(es), if any, available under the laws of the State of California.

Section 9.04 Computer Software Management Memo.
CONTRACTOR certifies that it has appropriate systems and controls in place to ensure that
state funds will not be used in the performance of this Agreement for the acquisition, operation
or maintenance of computer software in violation of copyright laws.

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 9.05 Accounting Principles – No Dual Compensation.
The CONTRACTOR will adhere to generally accepted accounting principles as outlined by the
American Institute of Certified Public Accountants. Dual compensation is not allowed; a
contractor cannot receive simultaneous compensation from two or more funding sources for the
same services performed even though both funding sources could benefit.
Section 9.06 Subcontractor/Consultant Information.
CONTRACTOR is required to identify all subcontractors and consultants who will perform labor
or render services in the performance of this Agreement. Additionally, the CONTRACTOR shall
notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing,
within ten (10) working days, of any changes to the subcontractor and/or consultant information.
Section 9.07 Employment of Ex-Offenders.
CONTRACTOR cannot and will not either directly, or on a subcontract basis, employ in
connection with this Agreement:
a.
b.

c.

Ex-Offenders on active parole or probation;
Ex-Offenders at any time if they are required to register as a sex offender pursuant to
Penal Code Section 290 or if such ex-offender has an offense history involving a “violent
felony” as defined in subparagraph (c) of Penal Code Section 667.5; or
Any ex-felon in a position which provides direct supervision of parolees.

Ex-Offenders who can provide written evidence of having satisfactorily completed parole or
probation may be considered for employment by the CONTRACTOR subject to the following
limitations:
a.
b.

CONTRACTOR shall obtain the prior written approval to employ any such ex-offender
from the Out-of-State Administration Unit; and
Any ex-offender whose assigned duties are to involve administrative or policy decisionmaking; accounting, procurement, cashiering, auditing, or any other business-related
administrative function shall be fully bonded to cover any potential loss to the State of
California.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 9.08 Electronic Waste Recycling.
The CONTRACTOR certifies that it complies with the requirements of the Electronic Waste
Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of
the Public Resources Code, relating to hazardous and solid waste. CONTRACTOR shall
maintain documentation and provide reasonable access to its records and documents that
evidence compliance.
Section 9.09 Excise Tax.
The State of California is exempt from federal excise taxes; no payment will be made for any
taxes levied on employees’ wages. The State will pay for any applicable State of California or
local sales or use taxes on the services rendered or equipment or parts supplied pursuant to
this Agreement. California may pay any applicable sales and use tax imposed by another state.
Section 9.10 Licenses and Permits.
The CONTRACTOR shall be an individual or firm licensed to do business in the state in which
the facility is located and shall obtain at CONTRACTOR’s expense all license(s) and permit(s)
required by law for accomplishing any work required in connection with this Agreement.
In the event any license(s) and/or permit(s) expire at any time during the term of this
Agreement, CONTRACTOR agrees to provide the CDCR with a copy of the renewed license(s)
and/or permit(s) within thirty (30) days following the expiration date. In the event the
CONTRACTOR fails to keep in effect at all times all required license(s) and permit(s), the State
may, in addition to any other remedies it may have, terminate this Agreement upon occurrence
of such event.
Section 9.11 Conflict of Interest.
The CONTRACTOR and their employees shall abide by the provisions of Government Code
(GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public
Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of Regulations
(CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department
Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest.
a.

Former State Employees
(1)
For the two year (2-year) period from the date he or she left state employment,
no former state officer or employee may enter into an agreement in which he or
she is engaged in any of the negotiations, transactions, planning, arrangements
or any part of the decision-making process relevant to the agreement while
employed in any capacity by any state agency.
(2)
For the twelve-month (12-month) period from the date he or she left state
employment, no former state officer or employee may enter into an agreement
with any state agency if he or she was employed by that state agency in a policymaking position in the same general subject area as the proposed agreement
within the 12-month period prior to his or her leaving state service.

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

In addition to the above, the CONTRACTOR shall avoid any conflict of interest whatsoever with
respect to any financial dealings, employment services, or opportunities offered to inmates or
parolees. The CONTRACTOR shall not itself employ or offer to employ inmates or parolees
either directly, or indirectly through an affiliated company, person or business unless specifically
authorized in writing by the CDCR. In addition, the CONTRACTOR shall not (either directly, or
indirectly through an affiliated company, person or business) engage in financial dealings with
inmates or parolees, except to the extent that such financial dealings create no actual or
potential conflict of interest, are available on the same terms to the general public, and have
been approved in advance in writing by the CDCR. For the purposes of this paragraph,
“affiliated company, person or business” means any company, business, corporation, nonprofit
corporation, partnership, limited partnership, sole proprietorship, or other person or business
entity of any kind which has any ownership or control interest whatsoever in the
CONTRACTOR, or which is wholly or partially owned (more than 5% ownership) or controlled
(any percentage) by the CONTRACTOR or by the CONTRACTOR’s owners, officers, principals,
directors and/or shareholders, either directly or indirectly. “Affiliated companies, persons or
businesses” include, but are not limited to, subsidiary, parent, or sister companies or
corporations, and any company, corporation, nonprofit corporation, partnership, limited
partnership, sole proprietorship, or other person or business entity of any kind that is wholly or
partially owned or controlled, either directly or indirectly, by the CONTRACTOR or by the
CONTRACTOR’s owners, officers, principals, directors and/or shareholders.
The CONTRACTOR shall have a continuing duty to disclose to the State, in writing, all interests
and activities that create an actual or potential conflict of interest in performance of the
Agreement.
The CONTRACTOR shall have a continuing duty to keep the State timely and fully apprised in
writing of any material changes in the CONTRACTOR’s business structure and/or status. This
includes any changes in business form, such as a change from sole proprietorship or
partnership into a corporation or vice-versa; any changes in company ownership; any
dissolution of the business; any change of the name of the business; any filing in bankruptcy;
any revocation of corporate status by the Secretary of State; and any other material changes in
the CONTRACTOR’s business status or structure that could affect the performance of the
CONTRACTOR’s duties under the Agreement.
If the CONTRACTOR violates any provision of the above paragraphs, such action by the
CONTRACTOR shall render this Agreement void at the option of CDCR.
Section 9.12 CONTRACTOR Employee Misconduct.
During the performance of this Agreement, it shall be the responsibility of the CONTRACTOR
whenever there is an allegation of employee misconduct associated with and directly impacting
inmate and/or parolee rights, to immediately notify the CDCR of the incident(s), to cause an
investigation to be conducted, and to provide CDCR with all relevant information pertaining to
the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b)
access to inmates/parolees and the associated staff; c) access to employee personnel records;
d) that information reasonably necessary to assure CDCR that inmates and/or parolees are not
or have not been deprived of any legal rights as required by law, regulation, policy and
procedures; and e) written evidence that the CONTRACTOR has taken such remedial action, in
the event of employee misconduct with inmates and/or parolees, as will assure against a
repetition of the incident(s). Notwithstanding the foregoing, and without waiving any obligation

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

of the CONTRACTOR, CDCR retains the power to conduct an independent investigation of any
incident(s). Furthermore, it is the responsibility of the CONTRACTOR to include the foregoing
terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of
CDCR to conduct an investigation of their facility and staff, including review of subcontractor
employee personnel records, as a condition of the Agreement.
Nothing contained in this
paragraph shall be deemed to constitute a waiver of any attorney/client privilege or of the work
product doctrine privilege.
Section 9.13 Equal Employment Opportunity.
CONTRACTOR agrees to comply with all Equal Employment Opportunity laws applicable to the
operation of the facility in State.
Section 9.14 Binding Nature.
Upon its execution by both parties, this Agreement shall be binding on the parties.
Section 9.15 Invalidity and Severability.
To the extent that this Agreement may be executed and performance of the obligations of the
parties may be accomplished within the intent of the Agreement, the terms of this Agreement
are severable, and should any term or provision hereof be declared invalid or become
inoperative for any reason, such invalidity or failure shall not affect the validity of any other term
or provision hereof. In the event that any provision of this Agreement is held invalid, that
provision shall be null and void. However, the validity of the remaining provisions of the
Agreement shall not be affected thereby.
Section 9.16 Jurisdiction and Venue.
The laws of the State of California and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution and enforcement of this Agreement. Venue for any legal
action related to performance or interpretation of this Agreement shall be in the City of
Sacramento, California.
Section 9.17 Subcontracting and Assignment.
Nothing contained in this Agreement, or otherwise, shall create any contractual relation between
the CDCR and any subcontractors, and no subcontract shall relieve the CONTRACTOR of
CONTRACTOR’S responsibilities and obligations hereunder. The CONTRACTOR agrees to be
as fully responsible to CDCR for the acts and omissions of its subcontractors and of persons
either directly or indirectly employed by any of them as it is for the acts and omissions of
persons directly employed by the CONTRACTOR. The CONTRACTOR’S obligation to pay its
subcontractors is an independent obligation from the CDCR’S obligation to make payments to
the CONTRACTOR. As a result, the CDCR shall have no obligation to pay or to enforce the
payment of any moneys to any subcontractor.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

Section 9.18 California General Terms and Conditions – Incorporation by Reference.
By reference, all of the State of California’s General Terms and Conditions posted on the
California
Department
of
General
Services’
internet
address
at:
http://www.documents.dgs.ca.gov/ols/GTC-306.doc are incorporated herein.
Section 9.19 Notices.
Any notice provided for in this Agreement shall be in writing and served by personal delivery,
designated CDCR electronic mail system, or United States Mail, postage prepaid, at the
addresses listed below, until such time as written notice of change of address is received from
either party. Any notice so mailed and any notice served by electronic mail or personal delivery
shall be deemed delivered and effective upon receipt or upon attempted delivery. This method
of notification will be used in all instances, except for emergency situations when immediate
notification is required pursuant to the appropriate sections of this Agreement.
All notices will be sent to:
CDCR:

Notice information to be provided prior to occupancy.

CONTRACTOR:

Notice information to be provided prior to occupancy.

Section 9.20 Confidentiality of Records.
CDCR and CONTRACTOR agree that all inmate records and inmate/patient medical record
information is identified as confidential and shall be held in trust and confidence and shall be
used only for the purposes contemplated under this Agreement.
CONTRACTOR by acceptance of this Agreement is subject to all of the requirements of the
federal regulations implementing the Health Insurance Portability and Accountability Act of 1996
(Code of Federal Regulations (CFR), Title 45, Sections 164.501 et seq.); the California
Government Code Sections 1798, et seq.; regarding the collections, maintenance, and
disclosure of personal and confidential information about individuals.
Section 9.21 Ownership of Material
Documentation, Studies and Evaluations.

Information,

Data,

Computer

Software

Unless otherwise provided, and when appropriate, CONTRACTOR agrees that all material,
information, data, documentation, studies and evaluations produced in the performance of this
Agreement is the property of CDCR and the CONTRACTOR.
Section 9.22 Reporting.
CONTRACTOR shall submit to the CDCR Contract Monitor, on a quarterly basis, a written
program report specifying progress made for each activity identified in the CONTRACTOR’s
duties and obligations, regarding the performance of the Agreement. Such written analysis shall
be in accordance with the procedures developed and prescribed by the CDCR. The preparation
of reports in a timely manner shall be the responsibility of the CONTRACTOR and failure to

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

comply may result in delay of payment of funds. Required reports shall be submitted to the
CDCR not later than thirty (30) days following the end of each calendar quarter, or at such time
as otherwise specified.
Section 9.23 Records.
Unless otherwise provided: CONTRACTOR shall compile and maintain a complete file of each
CDCR Offender, including all records, communications, and other written materials which
pertain to the operation of offender programs or the delivery of services to offenders under this
Agreement, including medical, counseling, classification and disciplinary documents, in
individual files. Further, the CONTRACTOR shall permit the CDCR or its designated
representative to audit, inspect, and copy such files and records during the term of this
Agreement to assure compliance with the terms hereof or to verify actual costs subject to
reimbursement under this Agreement. Such files and records will be deemed to be the property
of the CDCR and shall be available for inspection by the CDCR and shall be returned to the
CDCR upon discharge of a CDCR Offender from Facility. The CONTRACTOR may keep
copies of said documents as may be necessary to resolve any matters that may be pending.
Upon resolution of the matter said copied records shall be destroyed by CDCR. No files or
records in which a CDCR Offender is individually identifiable by name, shall be released to any
third party without express, advance authorization of CDCR, except in medical emergencies.
9.23.1

The CONTRACTOR shall maintain a complete file of all records, documents,
communications and other materials which pertain to the operation of programs or
the delivery of services under this Agreement. Such materials shall be sufficient to
properly reflect all direct and indirect costs of labor, materials, equipment, supplies,
services and other costs of whatever nature for which an Agreement payment was
made. These records shall be maintained according to generally accepted
accounting principles and shall be easily separable from other Facility records.
The CDCR’s access to records pursuant to this provision shall be limited to those
documents necessary to monitor contract compliance or to verify specific costs for
which the CONTRACTOR sought reimbursement under this Agreement.

9.23.2

All such records, documents, communications and other materials shall be the
property of CDCR and shall be maintained by the CONTRACTOR, in a central
location with a designated custodian, on behalf of CDCR, for a period of three (3)
years from the final payment of this Agreement, or until an audit had been
completed with the following qualification: If an audit by or on behalf of the federal
government had begun but is not completed at the end of the three (3) year period,
the materials shall be retained until the resolution of the audit finding.

9.23.3

CONTRACTOR shall permit the CDCR to audit and/or inspect its records during
the term of this Agreement and for a period of three (3) years following the
termination of the Agreement to assure compliance with the terms hereof or to
verify actual costs subject to reimbursement under this Agreement.

Section 9.24 No Third Party Benefit.
This Agreement shall benefit and burden the parties hereto in accordance with its terms and
conditions and is not intended, and shall not be deemed or construed, to confer rights, powers,

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California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

benefits or privileges on any person or entity other than the parties to this Agreement. This
Agreement is not intended to create any rights, liberty interests, or entitlements in favor of any
CDCR Offender. The Agreement is intended only to set forth the contractual rights and
responsibilities of the Agreement parties. CDCR Offenders shall have only those entitlements
created by Federal or State constitutions, statutes, regulations, case law, or applicable court
orders.
Section 9.25 Survival of Certain Terms.
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms
and conditions of this Agreement and any appendixes or attachments hereto which may require
continued performance or compliance beyond the termination date of the Agreement shall
survive such termination date and shall be enforceable by the CDCR as provided herein in the
event of such failure to perform or comply by CONTRACTOR.
Section 9.26 Counterparts/Facsimile Signature.
This agreement may be executed in counterparts. The parties shall exchange their executed
counterpart to each other, both by first class mail. The parties may treat a facsimile signature
as a valid signature and when both parties have executed this agreement, they may transmit
their signature on the contract to the other, and when mutually exchanged by facsimile, this
agreement may be deemed fully executed.
Section 9.27 Amendment.
This Agreement shall not be altered, changed or amended except by mutual consent of the
parties in writing.
Section 9.28 Governing Standards.
In the event of a conflict between any of the governing standards, rules, regulations, policies or
procedures referenced herein, including, but not limited to ACA, NCCHC, Title 15,
CONTRACTOR policy and procedure, CDCR DOM, and CDCR rules, regulations and policies,
then the CONTRACTOR and CDCR shall mutually agree upon the standard, rule, regulation,
policy or procedure to be followed. If the CDCR Contract Monitor and Facility Warden are
unable to reach agreement within three (3) days, the conflict shall be resolved by the
CONTRACTOR Chief Corrections Officer and CDCR Health Care Officer. The parties shall
make a good faith effort to resolve the conflict and neither party shall unreasonably withhold
their approval. In resolving the conflict, the parties shall take into account facility issues such as
security and uniformity of policies as well as specific needs of CDCR offender management.
This provision shall not apply if compliance with a standard, rule, policy or procedure is required
by court order.

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CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Scope Of Work

Agreement Number C06.298
Exhibit A

IN WITNESS WHEREOF, intending to be legally bound, the parties have caused their
authorized representatives to execute this Agreement on the date first written above.

CDCR
John Dovey,
Director, Division of Adult Institutions
1515 S Street, Suite 351-N
Sacramento, CA 95814

_________________________
Date

John Dovey

CONTRACTOR
Lucibeth Mayberry
Vice President Business Development
10 Burton Hills Blvd.
Nashville, TN 37215

Lucibeth Mayberry

______________________________
Date

44

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.1

WEST TENNESSEE DETENTION FACILITY
CDCR CONTRACT STAFFING PATTERN
Mason, Tennessee
600 Beds (Federal & State Inmates)
STAFF DEPLOYMENT BY SHIFT & POSITION
MANAGEMENT/SUPPORT
SECURITY/OPERATIONS
UNIT MANAGEMENT
MAINTENANCE
SERVICES
PROGRAMS
HEALTH SERVICES

11.00
64.00
63.00
3.00
2.00
8.00
15.00
166.00

TOTAL

MANAGEMENT/SUPPORT
Warden
Assistant Warden
Training Manager
Manager, Operations Finance
Manager, Human Resources
Manager, Quality Assurance
Mailroom Clerk
Secretary
Administrative Clerk
Receptionist
TOTAL

SECURITY/OPERATIONS

*
*
*
*
*
*
*
*
*
*
*

Chief of Security
Shift Supervisor
Assistant Shift Supervisor
SCO - Grievance / Safety Officer
SCO - DHO / STG
Intake and Release Officer
Visitation Officer
SCO - Transportation
Transportation Officer
SCO - Central Control
Central Control Officer
Front Gate (Lobby) Officer
Perimeter Patrol (Mobile) Officer
Tower Officer
Recreation Officer
Utility/Search & Escort Officer
Kitchen Officer
Medical Officer
TOTAL

1st
Shift
1
1
1
1
1
1
1
1
2
1

2nd
Shift
0
0
0
0
0
0
0
0
0
0

3rd
Shift
0
0
0
0
0
0
0
0
0
0

Days
Covered
1
5
5
5
5
5
5
5
5
5

Relief
Factor
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

Total
Staff
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
1.00
11.00

1st
Shift
1
1
1
1
1
1
2
3
4
1
1
1
1
1
2
2
1
1

2nd
Shift
0
1
1
0
0
1
0
2
2
1
1
1
1
0
1
2
1
0

3rd
Shift
0
1
1
0
0
1
0
0
0
0
1
0
1
0
0
1
0
0

Days
Covered
5
7
7
5
5
5
2
5
5
5
7
7
7
7
7
7
7
5

Relief
Factor
1.00
1.70
1.70
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.70
1.70
1.70
1.70
1.70
1.70
1.70
1.00

Total
Staff
1.00
5.00
5.00
1.00
1.00
3.00
2.00
5.00
6.00
2.00
5.00
3.00
5.00
2.00
5.00
9.00
3.00
1.00
64.00

-1-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.1

WEST TENNESSEE DETENTION FACILITY
Mason, Tennessee
600 Beds (Federal & State Inmates)
UNIT MANAGEMENT

*
*
*
*

*
*
*

CDCR CONTRACT STAFFING PATTERN

1st
Shift

UNIT MANAGEMENT #1
Unit Manager
Case Manager
Correctional Counselor
B Building (4 Pods / 2 Dorms)
Pod Control Officer
Housing Officer
D Building (4 Pods)
Pod Control Officer
Housing Officer
UNIT MANAGEMENT #2
Unit Manager
Case Manager
Correctional Counselor
E Building (4 Pods: GP / Females / Segregation)
Pod Control Officer
Housing Officer
Segregation Recreation Officer
TOTAL

MAINTENANCE
Maintenance Supervisor
Maintenance Worker
TOTAL

SERVICES
Warehouse/Commissary Worker
** Food Service Manager
** Assistant Food Service Manager
** Food Service Supervisor
TOTAL

PROGRAMS
Program Manager
Classification Coordinator
Recreation Coordinator
Chaplain
Academic Instructor
Vocational Instructor
Library Aide
Records Clerk
** Librarian
TOTAL

2nd
Shift

3rd
Shift

Days
Covered

Relief
Factor

Total
Staff

1
4
2

0
0
2

0
0
0

5
5
5

1.00
1.00
1.00

1.00
4.00
4.00

1
3

1
3

1
2

7
7

1.70
1.70

5.00
14.00

1
2

1
2

1
2

7
7

1.70
1.70

5.00
10.00

1
1
1

0
0
1

0
0
0

5
5
5

1.00
1.00
1.00

1.00
1.00
2.00

1
2
1

1
2
0

1
2
0

7
7
5

1.70
1.70
1.00

5.00
10.00
1.00
63.00

1st
Shift
1
2

2nd
Shift
0
0

3rd
Shift
0
0

Days
Covered
5
5

Relief
Factor
1.00
1.00

1st
Shift
2
1
0
1

2nd
Shift
0
0
1
1

3rd
Shift
0
0
0
0

Days
Covered
5
5
5
7

Relief
Total
Factor
Staff
1.00
2.00
1.00 Contract
1.00 Contract
1.40 Contract
2.00

1st
Shift
1
1
1
1
1
1
1
1

2nd
Shift
0
0
0
0
0
0
0
0

3rd
Days
Shift
Covered
0
5
0
5
0
5
0
5
0
5
0
5
0
5
0
5
CONTRACT / PRN

Relief
Factor
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

Total
Staff
1.00
2.00
3.00

Total
Staff
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
8.00

-2-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

WEST TENNESSEE DETENTION FACILITY
Mason, Tennessee
600 Beds (Federal & State Inmates)

CDCR CONTRACT STAFFING PATTERN

1st
Shift
1
1
1
0
2
1
1

HEALTH SERVICES

**
**
**
**

Health Services Administrator
Physician
Mental Health Coordinator
RN
LPN
Medical Records Clerk
Dental Assistant
Dentist
Psychiatrist
ARNP/PA
Optometrist
TOTAL
*

Agreement Number C06.298
Exhibit A.1

2nd
3rd
Days
Relief
Shift
Shift
Covered
Factor
0
0
5
1.00
0
0
5
1.00
0
0
5
1.00
1
0
5
1.00
2
1
7
1.70
0
0
5
1.00
0
0
5
1.00
CONTRACT / 30 HOURS PER WEEK
CONTRACT / 8 HOURS PER WEEK
CONTRACT / PRN
CONTRACT / PRN

Total
Staff
1.00
1.00
1.00
1.00
9.00
1.00
1.00

15.00

Post positions included in the Correctional Officer job classification.

** Positions hired on a contractual or fee basis for services rendered.

-3-

WTN600-10/24/06

CORRECTIONS CORPORATIONS OF AMERICA
California Department of Corrections and Rehabilitation

NORTH FORK CORRECTIONAL FACILITY
Sayre, Oklahoma
1,440 Beds (State Inmates)

Agreement Number C06.298
Exhibit A.2

CDCR CONTRACT STAFFING PATTERN

STAFF DEPLOYMENT BY SHIFT AND POSITION
MANAGEMENT/SUPPORT
SECURITY/OPERATIONS
UNIT MANAGEMENT
MAINTENANCE
SERVICES
PROGRAMS
HEALTH SERVICES
EDUCATION
TOTAL

19.00
69.00
105.00
6.00
4.00
10.00
25.00
19.00
257.00

MANAGEMENT/SUPPORT
Warden
Assistant Warden
Training Manager
Business Manager
Bookkeeper
Accounting Clerk
Human Resources Manager
Personnel Assistant
Quality Assurance Manager
Grievance Coordinator
Investigator
Safety Manager
Mailroom Supervisor
Mailroom Clerk
Secretary
Administrative Clerk
Receptionist
TOTAL

*
*
*
*
*
*
*

SECURITY/OPERATIONS
8-HOUR SHIFTS
Chief of Security
Assistant Chief of Security
SCO - DHO
SCO - STG
SCO - K-9
SCO - Intake/Release
SCO - Armory/Key Control
Visitation Officer
SCO - Transportation
Transportation Officer
Work Detail Officer
Education Officer
Vehicle Sallyport Officer
Back Gate Officer
Laundry Officer
Administrative Clerk
SECURITY/OPERATIONS
12-HOUR SHIFTS
Shift Supervisor
Assistant Shift Supervisor

-1-

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
2
1
1
1
1
1
1
1
1
1
1
1
2
1
1
1

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
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
2.00
1.00
1.00
1.00
19.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
1
1
1
1
4
2
2
2
2
1
1
1
1

0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

5
5
5
5
5
5
5
2
5
5
5
5
5
5
5
5

1.00
1.00
1.00
1.00
1.00
1.00
1.00
0.60
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
2.00
2.00
2.00
2.00
1.00
1.00
2.00
1.00

7AM

7PM

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1

1
1

7
7

2.20
2.20

5.00
5.00

0
0

CORRECTIONS CORPORATIONS OF AMERICA
California Department of Corrections and Rehabilitation

NORTH FORK CORRECTIONAL FACILITY
Sayre, Oklahoma
1,440 Beds (State Inmates)
*
*
*
*
*
*
*

Agreement Number C06.298
Exhibit A.2

CDCR CONTRACT STAFFING PATTERN

SECURITY/OPERATIONS
12-HOUR SHIFTS
Central Control Officer
Perimeter Security (Mobile) Officer
Front Gate Checkpoint (Lobby)
Recreation Officer
Kitchen Officer
Medical Officer
Utility/Search & Escort Officer
TOTAL
UNIT MANAGEMENT
8-HOUR SHIFTS
Chief of Unit Management
Classification Coordinator
Unit Manager
Case Manager
Correctional Counselor
Jobs Coordinator
Records Clerk
Admininstrative Clerk
UNIT MANAGEMENT
12-HOUR SHIFTS

7AM

7PM

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

COVERED

FACTOR

STAFF

2
1
1
4
1
1
3

1
1
0
0
0
0
2

7
7
7
7
7
7
7

2.20
2.20
2.20
2.20
2.20
2.20
2.20

13

4

6.60
4.40
2.20
8.80
2.20
2.20
11.00
69.00

0
0
0
0
0
0
0

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
6
12
6
1
2
3

0
0
0
0
6
0
0
0

0
0
0
0
0
0
0
0

5
5
5
5
5
5
5
5

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
6.00
12.00
12.00
1.00
2.00
3.00

7AM

7PM

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

COVERED

FACTOR

STAFF

2

2

7

2.20

8.80

2

2

7

2.20

8.80

2

2

7

2.20

8.80

2

2

7

2.20

8.80

2

2

7

2.20

8.80

2

2

7

2.20

8.80

1
1
2

0
1
1

7
7
7

2.20
2.20
2.20

16

14

3.00
4.40
6.60
105.00

Unit A (240-Bed Cellblock Unit)

* Housing Officer
Unit B (240-Bed Cellblock Unit)

* Housing Officer
Unit C (240-Bed Cellblock Unit)

* Housing Officer
Unit D (240-Bed Cellblock Unit)

* Housing Officer
Unit E (240-Bed Cellblock Unit)

* Housing Officer
Unit F (240-Bed Cellblock Unit)

* Housing Officer
Special Management (72 Beds)
SCO

* Pod Control Officer
* Housing Officer
TOTAL

MAINTENANCE
Maintenance Supervisor
Maintenance Worker
TOTAL

SERVICES
Warehouse Manager
Warehouse/Commissary Worker
** Food Service Manager
** Assistant Food Service Manager
** Food Service Supervisor
TOTAL

-2-

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
5

0
0

0
0

5
5

1.00
1.00

1.00
5.00
6.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
3
1
0
1

0
0
0
1
1

0
0
0
0
0

5
5
5
5
7

1.00
1.00
1.00
3.00
1.00 Contract
1.00 Contract
1.40 Contract
4.00

CORRECTIONS CORPORATIONS OF AMERICA
California Department of Corrections and Rehabilitation

NORTH FORK CORRECTIONAL FACILITY
Sayre, Oklahoma
1,440 Beds (State Inmates)

Agreement Number C06.298
Exhibit A.2

CDCR CONTRACT STAFFING PATTERN

-3-

CORRECTIONS CORPORATIONS OF AMERICA
California Department of Corrections and Rehabilitation

NORTH FORK CORRECTIONAL FACILITY
Sayre, Oklahoma
1,440 Beds (State Inmates)

Agreement Number C06.298
Exhibit A.2

CDCR CONTRACT STAFFING PATTERN

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

PROGRAMS
Recreation Supervisor
Counselor (Cognative Behavior)
Addiction Treatment Coordinator
Addiction Treatment Counselor
Chaplain
Program Facilitator - Faith Based
Administrative Clerk
** Contract Attorney
TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
4
1
1
1

0
0
0
0
0
0
0

0
5
0
5
0
5
0
5
0
5
0
5
0
5
CONTRACT / PRN

1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
1.00
4.00
1.00
1.00
1.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

HEALTH SERVICES
Health Service Administrator
Physician
Dentist
Dental Assistant
Clinical Supervisor
RN
LPN
Certified Medication Assistant
Mental Health Coordinator
Medical Records Clerk
** ARNP/PA
** Psychiatrist
** Dental Hygienist
TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

EDUCATION
Principal
Education Counselor
Academic Instructor
Vocational Instructor
Library Aide
Administrative Clerk
** Librarian
** Diagnostician
** Educational Instructor (Substitute)
TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
9
5
1
1

0
0
0
0
1
0

0
5
0
5
0
5
0
5
0
5
0
5
CONTRACT / PRN
CONTRACT / PRN
CONTRACT / PRN

1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
9.00
5.00
2.00
1.00

10.00

1
1
1
1
1
0
4
1
2
2

0
0
5
1.00
1.00
0
0
5
1.00
1.00
0
0
5
1.00
1.00
0
0
5
1.00
1.00
0
0
5
1.00
1.00
1
0
7
1.70
2.00
2
1
7
1.70
12.00
1
0
5
1.00
2.00
0
0
5
1.00
2.00
0
0
5
1.00
2.00
CONTRACT / UP TO 24 HOURS PER WEEK
CONTRACT / UP TO 16 HOURS PER WEEK
CONTRACT / UP TO 20 HOURS PER WEEK
25.00

19.00

* Post positions included in the Correctional Officer job description.
**Positions hired under a contractual or fee basis for services rendered.

-4-

NORTHFORK1440ST-12HOUR-11/02/06

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.3

TALLAHATCHIE COUNTY CORRECTIONAL FACILITY
CDCR CONTRACT STAFFING PATTERN
Tutwiler, Mississippi
1,104 Beds (898 HI/128 MS Close/78 County)
STAFF DEPLOYMENT BY SHIFT AND POSITION
MANAGEMENT/SUPPORT
SECURITY/OPERATIONS
UNIT MANAGEMENT
MAINTENANCE
SERVICES
PROGRAMS
HEALTH SERVICES
EDUCATION

15.00
105.00
138.00
5.00
5.00
12.00
20.00
11.00
311.00

TOTAL

MANAGEMENT/SUPPORT
Warden
Assistant Warden
Training Manager
Business Manager
Bookkeeper
Manager, Human Resources
Manager, Quality Assurance
Safety Manager
Grievance Coordinator
Investigator
Mailroom Clerk
Secretary
Administrative Clerk
TOTAL

SECURITY/OPERATIONS

*
*
*
*
*
*
*
*
*
*

Chief of Security
Shift Supervisor
Assistant Shift Supervisor
SCO - STG
SCO - Disciplinary Hearing Officer
SCO - Housing Zones
Armory/Key Control Officer
Intake/Property Officer
Visitation Officer
SCO - Transportation
Transportation Officer
Work Detail Officer
Vehicle Sallyport Officer
Laundry Officer
Central Control Officer
Perimeter Security (Mobile) Officer
Front Gate (Lobby) Officer

-1-

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
2
1
1
1
1
1
1
1
1
2
1
1

0
0
0
0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0
0
0
0

5
5
5
5
5
5
5
5
5
5
5
5
5

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
2.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
1.00
1.00
15.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
1
1
0
1
1
4
2
2
2
1
1
2
1
1

0
1
1
0
0
0
0
0
0
1
1
0
0
0
2
1
1

0
1
1
0
0
2
0
0
0
0
0
0
0
0
1
1
1

5
7
7
5
5
7
5
5
3
5
5
5
5
5
7
7
7

1.00
1.70
1.70
1.00
1.00
1.70
1.00
1.00
0.75
1.21
1.21
1.00
1.00
1.00
1.70
1.70
1.70

1.00
5.00
5.00
1.00
1.00
3.00
1.00
1.00
3.00
4.00
4.00
2.00
1.00
1.00
9.00
5.00
5.00

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.3

TALLAHATCHIE COUNTY CORRECTIONAL FACILITY
Tutwiler, Mississippi
1,104 Beds (898 HI/128 MS Close/78 County)
SECURITY/OPERATIONS
*
*
*
*
*
*
*
*

Segregation Officer
Segregation Recreation Officer
Recreation Officer
Hobby Craft Officer
Utility/Search & Escort Officer
Medical Officer
Education Officer
Kitchen Officer
Administrative Clerk
TOTAL

UNIT MANAGEMENT
Chief of Unit Management

CDCR CONTRACT STAFFING PATTERN

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

2
1
4
1
3
1
1
1
1

2
0
4
1
4
1
0
1
0

1
0
0
0
3
1
0
0
0

7
5
7
5
7
7
5
7
5

1.70
1.00
1.70
1.00
1.70
1.70
1.00
1.70
1.00

9.00
1.00
14.00
2.00
17.00
5.00
1.00
3.00
1.00
105.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1

0

0

5

1.00

1.00

1
2
1
2
2
1

0
0
1
2
2
0

0
0
0
2
2
0

5
5
5
7
7
5

1.00
1.00
1.00
1.70
1.70
1.00

1.00
2.00
2.00
10.00
10.00
1.00

1
2
1
2
2

0
0
1
2
2

0
0
0
2
2

5
5
5
7
7

1.00
1.00
1.00
1.70
1.70

1.00
2.00
2.00
10.00
10.00

1
2
1
2
3

0
0
1
2
3

0
0
0
2
2

5
5
5
7
7

1.00
1.00
1.00
1.70
1.70

1.00
2.00
2.00
10.00
14.00

Unit D (256-Bed Cellblock) - HI
Unit Manager
Case Manager
Correctional Counselor
* Pod Control Officer
* Housing Officer
Administrative Clerk

Unit E (256-Bed Cellblock) - HI
Unit Manager
Case Manager
Correctional Counselor
* Pod Control Officer
* Housing Officer

Unit G (256-Bed Cellblock) - HI
Unit Manager
Case Manager
Correctional Counselor
* Pod Control Officer
* Housing Officer

Unit H (256-Bed Cellblock) - HI Special Management / MS Close Custody
Unit Manager
Case Manager
Correctional Counselor
* Pod Control Officer
* Housing Officer
* Recreation Officer
Administrative Clerk

1
2
1
2
4
2
1

0
0
1
2
4
0
0

0
0
0
2
3
0
0

5
5
5
7
7
7
5

1.00
1.00
1.00
1.70
1.70
1.70
1.00

1.00
2.00
2.00
10.00
19.00
3.00
1.00

1
1
1

1
1
1

0
1
1

7
7
7

1.70
1.70
1.70

3.00
5.00
5.00

Unit F - Jail (78-Bed Cellblock)
SCO
* Pod Control Officer
* Housing Officer

-2-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.3

TALLAHATCHIE COUNTY CORRECTIONAL FACILITY
Tutwiler, Mississippi
1,104 Beds (898 HI/128 MS Close/78 County)
UNIT MANAGEMENT
* Intake/Release Officer
Administrative Clerk
TOTAL

MAINTENANCE
Maintenance Supervisor
Assistant Maintenance Supervisor
Maintenance Worker
TOTAL

SERVICES
Warehouse/Commissary Manager
Warehouse/Commissary Worker
** Food Service Manager
** Food Service Supervisor
TOTAL

PROGRAMS
Classification Coordinator
Classification Officer
Recreation Supervisor
Addiction Treatment Manager
Addiction Treatment Counselor
Chaplain
Records Supervisor
Records Clerk
Administrative Clerk
** Contract Attorney
TOTAL

CDCR CONTRACT STAFFING PATTERN

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1

1
0

1
0

7
5

1.70
1.00

5.00
1.00
138.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
3

0
0
0

0
0
0

5
5
5

1.00
1.00
1.00

1.00
1.00
3.00
5.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
4
1
1

0
0
0
1

0
0
0
0

5
5
5
7

1.00
1.00
1.00
4.00
1.00 Contract
1.40 Contract
5.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
1
4
1
1
1
1

0
0
0
0
0
0
0
0
0

0
5
0
5
0
5
0
5
0
5
0
5
0
5
0
5
0
5
CONTRACT / PRN

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
4.00
1.00
1.00
1.00
1.00
12.00

HEALTH SERVICES
Health Services Administrator
ARNP/PA
Mental Health Coordinator
Clinical Supervisor
LPN
*** LPN, Part-Time
Medical Records Clerk

-3-

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
1
3
2
2

0
0
0
0
3
2
0

0
0
0
0
2
0
0

5
5
5
5
7
5
5

1.00
1.00
1.00
1.00
1.70
1.00
1.00

1.00
1.00
1.00
1.00
14.00
PRN
2.00

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.3

TALLAHATCHIE COUNTY CORRECTIONAL FACILITY
Tutwiler, Mississippi
1,104 Beds (898 HI/128 MS Close/78 County)
HEALTH SERVICES
**
**
**
**

CDCR CONTRACT STAFFING PATTERN

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

Physician
Dentist
Dental Assistant
Psychiatrist
TOTAL

CONTRACT / 8 HOURS PER WEEK
CONTRACT / 24 HOURS PER WEEK
CONTRACT / 24 HOURS PER WEEK
CONTRACT / 16 HOURS PER WEEK
20.00

EDUCATION
Principal
Education Counselor
Academic Instructor
Academic Instructor - Life Skills
Vocational Instructor
Library Aide
Secretary
** Librarian
** Diagnostician
TOTAL
*

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
4
1
2
1
1

0
0
0
0
0
0
0

0
5
0
5
0
5
0
5
0
5
0
5
0
5
CONTRACT / PRN
CONTRACT / PRN

1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
4.00
1.00
2.00
1.00
1.00

11.00

Post positions included in the Correctional Officer job classification.

** Positions hired on a contractual of fee basis for services rendered.
*** Positions not budgeted - only to be used when savings is accrued from turnover and vacancies.

-4-

TALLAHATCHIE1104HI-CO-MS-10/28/06

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.4

FLORENCE CORRECTIONAL FACILITY
CDCR CONTRACT STAFFING PATTERN
Florence, Arizona
SHARED SERVICES - CADC / FLORENCE
2,100 Beds (1,050 State / 1,050 Federal)
STAFF DEPLOYMENT BY SHIFT & POSITION
MANAGEMENT/SUPPORT
SECURITY/OPERATIONS
UNIT MANAGEMENT
MAINTENANCE
SERVICES
PROGRAMS
EDUCATION
HEALTH SERVICES

21.00
124.00
153.00
6.50
4.50
8.00
13.00
33.00
363.00

TOTAL

MANAGEMENT/SUPPORT
Warden
Assistant Warden
Assistant Warden - Shared Services
Training Manager
Sr. Manager, Training
Sr. Manager, Business Operations
Bookkeeper
Account Clerk
Sr. Manager, Human Resources
Personnel Assistant
Sr. Manager, Quality Assurance
Sr. Manager, Safety
Investigator
Grievance Coordinator
Mailroom Supervisor
Mailroom Clerk
Administrative Supervisor
Secretary
Administrative Clerk
TOTAL

SECURITY/OPERATIONS

*
*
*
*
*

Chief of Security
Assistant Chief of Security
Shift Supervisor
Assistant Shift Supervisor
Assistant Shift Supervisor - STG
Assistant Shift Supervisor - DHO
Assistant Shift Supervisor - Segregation
Armory/Key Control Officer
Visitation Officer
Transportation Officer
Front Entrance (Lobby) Officer
SCO - Central Control
Central Control Officer

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
2
1
1
1
1
1
2
1
1
1
1
2
1
1
2
1
1
2

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5

1.00
1.00
0.50
1.00
0.50
0.50
1.00
1.00
0.50
1.00
0.50
0.50
1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
2.00
0.50
1.00
0.50
0.50
1.00
2.00
0.50
1.00
0.50
0.50
2.00
1.00
1.00
2.00
1.00
1.00
2.00
21.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
1
1
1
1
1
3
6
1
1
2

-1-

0
0
1
1
0
0
0
0
0
4
1
1
2

0
0
1
1
0
0
0
0
0
0
0
0
2

5
5
7
7
5
5
5
5
7
5
7
1
7

1.00
1.00
1.70
1.70
1.00
1.00
1.00
1.00
1.70
1.00
1.70
1.00
1.70

1.00
1.00
6.00
5.00
1.00
1.00
1.00
1.00
5.00
10.00
3.00
2.00
10.00

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

FLORENCE CORRECTIONAL FACILITY
Florence, Arizona
2,100 Beds (1,050 State / 1,050 Federal)
* Perimeter Security (Mobile)

SECURITY/OPERATIONS
*
*
*
*
*
*
*
*
*
*
*
*
*

Vehicle Sallyport Officer
Segregation Officer
Recreation Officer
Utility/Search & Escort Officer
Work Detail Officer
Tool Control Officer
Kitchen Officer
Education Officer
Medical Officer
R & D Officer
Property Officer
Hobby Craft Officer (HI)
Court Security Officer - Tucson
Administrative Clerk
TOTAL

UNIT MANAGEMENT

*
*

*
*

*
*
*

*
*

Chief of Unit Management
Classification Supervisor
Records Clerk
Jobs Coordinator
Administrative Clerk
Unit D
Unit Manager
Case Manager
Correctional Counselor
Pod Control Officer
Housing Officer
Unit F
Unit Manager
Case Manager
Correctional Counselor
Pod Control Officer
Housing Officer
Unit G - (Special Management)
Unit Manager
Case Manager
Correctional Counselor
Pod Control Officer
Housing Officer
Housing Officer - PC Recreation
Unit J
Unit Manager
Case Manager
Correctional Counselor
Pod Control Officer
Housing Officer

Agreement Number C06.298
Exhibit A.4

CDCR CONTRACT STAFFING PATTERN
SHARED SERVICES - CADC / FLORENCE
2

2

2

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
3
5
2
1
1
1
1
1
3
1
1
2
1

0
3
3
3
0
0
1
0
1
3
0
1
0
0

0
2
0
2
0
0
0
0
1
3
0
0
0
0

7

5
7
7
7
5
5
7
5
7
5
5
5
5
5

1.70

1.00
1.70
1.70
1.70
1.00
1.00
1.70
1.00
1.70
1.00
1.00
1.00
1.00
1.00

10.00

1.00
14.00
14.00
12.00
1.00
1.00
3.00
1.00
5.00
9.00
1.00
2.00
2.00
1.00
124.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
1
4

0
0
0
0
0

0
0
0
0
0

5
5
5
5
5

1.00
1.00
1.00
1.00
1.00

1.00
1.00
1.00
1.00
4.00

1
2
1
2
2

0
0
1
2
2

0
0
0
2
2

5
5
5
7
7

1.00
1.00
1.00
1.70
1.70

1.00
2.00
2.00
10.00
10.00

1
2
1
2
2

0
0
1
2
2

0
0
0
2
2

5
5
5
7
7

1.00
1.00
1.00
1.70
1.70

1.00
2.00
2.00
10.00
10.00

1
2
1
2
2
1

0
0
1
2
2
0

0
0
0
2
2
0

5
5
5
7
7
5

1.00
1.00
1.00
1.70
1.70
1.00

1.00
2.00
2.00
10.00
10.00
1.00

1
2
1
2
2

0
0
1
2
2

0
0
0
2
2

5
5
5
7
7

1.00
1.00
1.00
1.70
1.70

1.00
2.00
2.00
10.00
10.00

-2-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

FLORENCE CORRECTIONAL FACILITY
Florence, Arizona
2,100 Beds (1,050 State / 1,050 Federal)
Unit L
Unit Manager

UNIT MANAGEMENT
*
*

*
*

Case Manager
Correctional Counselor
Pod Control Officer
Housing Officer
New Unit (216 Beds)
Unit Manager
Case Manager
Correctional Counselor
Pod Control Officer
Housing Officer
TOTAL

MAINTENANCE
Sr. Manager, Maintenance
Assistant Maintenance Supervisor
Maintenance Worker
TOTAL

SERVICES
Sr. Manager, Warehouse
Warehouse/Commissary Worker
** Food Service Manager
** Assistant Food Service Manager
** Food Service Supervisor
TOTAL

PROGRAMS
Addiction Treatment Counselor
Chaplain
Program Facilitator - Faith Based
Recreation Supervisor
Administrative Clerk
** Contract Attorney
TOTAL

EDUCATION
Principal
Academic Instructor
Vocational Instructor
Library Aide
** Librarian

Agreement Number C06.298
Exhibit A.4

CDCR CONTRACT STAFFING PATTERN
SHARED SERVICES - CADC / FLORENCE

1

0

0

1.00

1.00

1ST

2ND

3RD

DAYS

5

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

2
1
2
2

0
1
2
2

0
0
2
2

5
5
7
7

1.00
1.00
1.70
1.70

2.00
2.00
10.00
10.00

1
2
1
1
2

0
0
1
1
2

0
0
0
1
1

5
5
5
7
7

1.00
1.00
1.00
1.70
1.70

1.00
2.00
2.00
5.00
9.00
153.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
0
3

0
1
2

0
0
0

1ST

2ND

3RD

SHIFT

SHIFT

SHIFT

5
5
5

0.50
1.00
1.00

0.50
1.00
5.00
6.50

DAYS

RELIEF

TOTAL

COVERED

FACTOR

STAFF

1
4
1
0
2

0
0
0
1
1

0
0
0
0
0

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

4
1
1
1
1

0
0
0
0
0

5
5
5
5
7

0
5
0
5
0
5
0
5
0
5
CONTRACT / PRN

0.50
1.00
1.00
1.00
1.40

1.00
1.00
1.00
1.00
1.00

0.50
4.00
Contract
Contract
Contract
4.50

4.00
1.00
1.00
1.00
1.00
8.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
6
4
1

-3-

0
0
0
1

0
5
0
5
0
5
0
5
CONTRACT / PRN

1.00
1.00
1.00
1.00

1.00
6.00
4.00
2.00

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

FLORENCE CORRECTIONAL FACILITY
Florence, Arizona
2,100 Beds (1,050 State / 1,050 Federal)

Agreement Number C06.298
Exhibit A.4

CDCR CONTRACT STAFFING PATTERN
SHARED SERVICES - CADC / FLORENCE

TOTAL

13.00

-4-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

FLORENCE CORRECTIONAL FACILITY
Florence, Arizona
2,100 Beds (1,050 State / 1,050 Federal)
HEALTH SERVICES

**
**
**
**
**
**

Health Services Administrator (RN)
Physician
ARNP/PA
Dentist
Dental Assistant
Clinical Supervisor (RN)
RN
LPN
CMA
Psychologist
Mental Health Coordinator
Medical Records Clerk
Physician
Dental Hygienist
Psychiatrist
Optometrist
ARNP/PA
X-Ray Technician
TOTAL
*

Agreement Number C06.298
Exhibit A.4

CDCR CONTRACT STAFFING PATTERN
SHARED SERVICES - CADC / FLORENCE
1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
1
1
1
0
5
1
1
1
2

0
0
5
0
0
5
0
0
5
0
0
5
0
0
5
0
0
5
1
1
7
2
2
7
1
0
5
0
0
5
1
0
5
0
0
5
CONTRACT / 8 HOURS PER WEEK
CONTRACT / 24 HOURS PER WEEK
CONTRACT / 24 HOURS PER WEEK
CONTRACT / PRN
CONTRACT / PRN
CONTRACT / PRN

1.00
1.00
1.00
1.00
1.00
1.00
1.70
1.70
1.00
1.00
1.00
1.00

1.00
1.00
1.00
1.00
1.00
1.00
4.00
16.00
2.00
1.00
2.00
2.00

33.00

Post positions included in the Correctional Officer job classification.

** Positions hired on a contractual or fee basis for services rendered.

-5-

FLORENCE2100-SS/UM-11/02/06

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.5

DIAMONDBACK CORRECTIONAL FACILITY
Watonga, Oklahoma
2,160 Beds (1,320 AZ / 840 HI)

CDCR CONTRACT STAFFING PATTERN

STAFF DEPLOYMENT BY SHIFT AND POSITION
MANAGEMENT/SUPPORT
SECURITY/OPERATIONS
UNIT MANAGEMENT
MAINTENANCE
SERVICES
PROGRAMS
HEALTH SERVICES
EDUCATION
TOTAL

MANAGEMENT/SUPPORT
Warden
Assistant Warden
Training Manager
Assistant Training Manager
Manager, Operations Finance
Bookkeeper
Accounting Clerk
Human Resources Manager
Personnel Assistant
Quality Assurance Manager
Grievance Coordinator
Investigator
Safety Manager
Mailroom Supervisor
Mailroom Clerk
Secretary
Administrative Clerk
Receptionist
TOTAL

*
*
*
*
*

23.00
111.00
144.00
9.00
7.00
21.00
33.00
24.00
372.00
1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
2
1
1
1
1
2
1
1
1
1
1
1
1
3
1
2
1

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
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
2.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
3.00
1.00
2.00
1.00
23.00

SECURITY/OPERATIONS
8-HOUR SHIFTS

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

Chief of Security
Assistant Chief of Security
Assistant Shift Supervisor - DHO
Assistant Shift Supervisor - STG
SCO - K-9
SCO - Intake/Property
SCO - STG
SCO - Armory/Key Control
SCO - Central Control
SCO - Transportation
Transportation Officer
Work Detail Officer
Kitchen Officer
Tool Control Officer
Visitation Officer

1
1
1
1
1
1
0
1
1
2
2
2
1
1
2

0
0
0
0
0
0
1
0
0
0
0
0
1
0
0

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

5
5
5
5
5
5
5
5
5
5
5
5
7
5
5

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.21
1.21
1.21
1.21
1.70
1.21
1.21

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
2.00
2.00
3.00
1.00
2.00

-1-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

DIAMONDBACK CORRECTIONAL FACILITY
Watonga, Oklahoma
2,160 Beds (1,320 AZ / 840 HI)
SECURITY/OPERATIONS
8-HOUR SHIFTS
*
*
*
*

Education Officer
Laundry Officer
Vehiclular Sallyport Officer
Correctional Officer, Part-Time ***
Administrative Clerk

SECURITY/OPERATIONS
12-HOUR SHIFTS

*
*
*
*
*
*
*
*

Shift Supervisor
Assistant Shift Supervisor
SCO - Housing Zones
Central Control Officer
Perimeter Security (Mobile) Officer
Front Gate Checkpoint (Lobby)
Recreation Tower Officer
Recreation Officer
Utility/Search & Escort Officer
SCO - North Yard
South Yard Officer
Medical Officer
TOTAL

UNIT MANAGEMENT
8-HOUR SHIFTS
Chief of Unit Management
Unit Manager
Case Manager
Correctional Counselor
Administrative Clerk

UNIT MANAGEMENT
12-HOUR SHIFTS

Agreement Number C06.298
Exhibit A.5

CDCR CONTRACT STAFFING PATTERN

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
3
2

1
0
0
2
0

0
0
0
0
0

5
5
5
7
5

1.21
1.21
1.21
1.00
1.00

2.00
1.00
1.00
PRN
2.00

7 AM

7 PM

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
0
2
2
1
2
4
4
1
1
2

1
1
4
2
2
0
0
0
3
1
1
1

7
7
7
7
7
7
7
7
7
7
7
7

2.20
2.20
2.20
2.20
2.20
2.20
2.20
2.20
2.20
2.20
2.20
2.20

21

16

6.00
5.00
9.00
8.80
8.80
2.20
4.40
8.80
15.40
4.40
4.40
6.60
111.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
10
19
10
2

0
0
0
10
0

0
0
0
0
0

5
5
5
5
5

1.00
1.00
1.00
1.00
1.00

1.00
10.00
19.00
20.00
2.00

7 AM

7 PM

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

COVERED

FACTOR

STAFF

2

2

7

2.20

8.80

2

2

7

2.20

8.80

2

2

7

2.20

8.80

2

2

7

2.20

8.80

2

2

7

2.20

8.80

Unit A - AZ

* Housing Officer
Unit B - AZ

* Housing Officer
Unit C - HI

* Housing Officer
Unit D - HI

* Housing Officer
Unit E - AZ

* Housing Officer
Unit F - HI

-2-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

DIAMONDBACK CORRECTIONAL FACILITY
Watonga, Oklahoma
2,160 Beds (1,320 AZ / 840 HI)
UNIT MANAGEMENT
12-HOUR SHIFTS
* Housing Officer

Agreement Number C06.298
Exhibit A.5

CDCR CONTRACT STAFFING PATTERN

7 AM

7 PM

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

COVERED

FACTOR

STAFF

2

2

7

2.20

8.80

2

2

7

2.20

8.80

2

2

7

2.20

8.80

2

2

7

2.20

8.80

1
3

1
1

7
7

2.20
2.20

22

20

4.40
8.80
144.00

Unit G - AZ

* Housing Officer
Unit H - AZ

* Housing Officer
Unit J - HI

* Housing Officer
Segregation

* Pod Control Officer
* Housing Officer
TOTAL

MAINTENANCE
Maintenance Supervisor
Assistant Maintenance Supervisor
Maintenance Worker
Administrative Clerk
TOTAL

SERVICES
Warehouse Manager
Warehouse/Commissary Worker
Laundry Supervisor
** Food Service Manager
** Assistant Food Service Manager
** Food Service Supervisor
TOTAL

PROGRAMS
Classification Coordinator
Classification Officer
Jobs Coordinator
Recreation Supervisor
Recreation Coordinator
Records Supervisor
Records Clerk
Addiction Treatment Manager
Addiction Treatment Counselor
Substance Abuse Counselor

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
0
6
1

0
1
0
0

0
0
0
0

5
5
5
5

1.00
1.00
1.00
1.00

1.00
1.00
6.00
1.00
9.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
5
1
1
0
1

0
0
0
0
1
2

0
0
0
0
0
0

5
5
5
5
5
7

1.00
1.00
1.00
1.00
1.00
1.40

1.00
5.00
1.00
Contract
Contract
Contract
7.00

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
1
0
1
3
1
3
2

0
0
0
0
1
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0

5
5
5
5
5
5
5
5
5
5

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
1.00
1.00
1.00
1.00
3.00
1.00
3.00
2.00

-3-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.5

DIAMONDBACK CORRECTIONAL FACILITY
Watonga, Oklahoma
2,160 Beds (1,320 AZ / 840 HI)
PROGRAMS
Program Facilitator - Life Skills
Chaplain
Program Facilitator - Faith-Based
Secretary
** Attorney / Paralegal
TOTAL

HEALTH SERVICES
Health Service Administrator
Physician
ARNP/PA
Dentist
Dental Assistant
Dental Hygienist
Clinical Supervisor
RN
LPN
Certified Medication Assistant
Psychologist, PhD.
Mental Health Coordinator
Medical Records Clerk
** ARNP/PA
** Dentist
** Psychiatrist
TOTAL

EDUCATION
Principal
Instructor Supervisor
Educational Counselor
Academic Instructor
Academic Instructor - Special Education
Vocational Instructor
Library Aide
Administrative Clerk
** Librarian
** Diagnostician
** Educational Instructor (Substitute)
TOTAL
*

CDCR CONTRACT STAFFING PATTERN

1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1.00
1.00
1.00
1.00

2.00
1.00
2.00
1.00

2
1
1
1

0
0
5
0
0
5
1
0
5
0
0
5
CONTRACT / 12 HOURS PER WEEK

21.00
1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.70
1.70
1.00
1.00
1.00
1.00

1.00
1.00
1.00
1.00
2.00
1.00
1.00
3.00
14.00
2.00
1.00
1.00
4.00

1
1
1
1
2
1
1
1
3
1
1
1
2

0
0
5
0
0
5
0
0
5
0
0
5
0
0
5
0
0
5
0
0
5
1
0
7
3
2
7
1
0
5
0
0
5
0
0
5
2
0
5
CONTRACT / 20 HOURS PER WEEK
CONTRACT / 40 HOURS PER WEEK
CONTRACT / 24 HOURS PER WEEK

33.00
1ST

2ND

3RD

DAYS

RELIEF

TOTAL

SHIFT

SHIFT

SHIFT

COVERED

FACTOR

STAFF

1
1
1
6
1
4
1
1

0
0
0
4
0
3
1
0

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

1.00
1.00
1.00
10.00
1.00
7.00
2.00
1.00

0
0
0
0
0
0
0
0
CONTRACT / PRN
CONTRACT / PRN
CONTRACT / PRN

5
5
5
5
5
5
5
5

24.00

Post positions included in the Correctional Officer job description.

DIAMONDBACK2040AZHI-12-HOUR-10/23/06

** Positions hired under a contractual or fee basis for services rendered.
***Positions are not funded in budget - to be used only when savings is accrued from turnover and vacancies.

-4-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation

Agreement Number C06.298
Exhibit A.6

NORTHFORK

DIAMONDBACK

FACILITY

20
20
120

36
9
60

80
240

135
240

FLORENCE

WEST TN

PROGRAM PARTICIPATION TABLE

PROGRAM/WORK ASSIGNMENTS

SLOTS

Academic Education
Vocational Education (If applicable )
Habilitation Programs **
Substance Abuse
Work

25
15

TOTALS

40
80

90
40
40
40
230
440

Note: Programs "slots" and offerings are represented as full-time or full-time equivalent
that may include a combination of assignments based on scheduling, security
considerations, and the individual needs of the offender population. This chart is
developed to demonstrate our ability and intent to provide viable resources consistent with
sound corrections practices, procedures and systems.
** Habilitation programs include but not limited to; cognitive/behavioral, life skills, prerelease planning, substance abuse, parenting, faith-based, and other programs based on
the inmate's need following initial assessment.

-1-

CORRECTIONS CORPORATION OF AMERICA
CDCR Budget Detail And Payment Provisions

1.

Agreement Number C06.298
Exhibit B

Invoicing and Payment
a.

For services satisfactorily rendered, and upon receipt and approval of
contractor’s invoices, the State agrees to compensate the Contractor for actual
expenditures incurred in accordance with Exhibit B-1, Rate Sheet, which are
attached hereto and made a part of this Agreement.

b.

Invoices shall include the Agreement Number and shall be submitted in triplicate
not more frequently than monthly in arrears to:
California Department of Corrections and Rehabilitation (CDCR)
Headquarters’ Accounting Office
Attention: Accounts Payable
1515 “S” Street, Room 214 South
Sacramento, CA 95814

2.

3.

Budget Contingency Clause
a.

It is mutually agreed that if the California State Budget Act for the current fiscal
year and/or any subsequent fiscal years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall be of no further
force and effect. In this event, the State shall have no liability to pay any funds
whatsoever to Contractor, or to furnish any other considerations under this
Agreement, and Contractor shall not be obligated to perform any provisions of
this Agreement.

b.

If funding for the purposes of this program is reduced or deleted for any fiscal
year by the California State Budget Act, the State shall have the option to either
cancel this Agreement with no liability occurring to the State, or offer an
Agreement amendment to Contractor to reflect the reduced amount.

Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses
shall be made in accordance with and within the time specified in Chapter 4.5,
Government Code 927 et seq.

4.

Subcontractors
For all Agreements, with the exception of Interagency Agreements and other
governmental entities/auxiliaries that are exempt from bidding, nothing contained in this
Agreement, or otherwise, shall create any contractual relation between the State and
any subcontractors, and no subcontract shall relieve the Contractor of Contractor’s
responsibilities and obligations hereunder. The Contractor agrees to be as fully
responsible to the State for the acts and omissions of its subcontractors and of persons
either directly or indirectly employed by any of them as it is for the acts and omissions of
persons directly employed by the Contractor. The Contractor’s obligation to pay its
subcontractors is an independent obligation from the State’s obligation to make
payments to the Contractor. As a result, the State shall have no obligation to pay or to
enforce the payment of any moneys to any subcontractor.
-1-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Rate Sheet

Agreement Number C06.298
Exhibit B-1

Payment Provisions
Section 6.02 Payment
6.02.1

During the initial Phase-in Period, CDCR shall pay directly to Contractor a per offender
per day (per diem) rate of $63.00 for each CDCR offender housed at each facility.

6.02.2

Following the initial Phase-in Period and for the remainder of the initial three year term
of this Agreement, CDCR shall pay directly to Contractor a per diem rate of $63.00 for
each CDCR offender housed at each facility, based upon the average daily population
per month, with a minimum monthly payment equal to the per diem rate times the
guaranteed Minimum Normalized Occupancy times the number of days in the billing
month.

Section 3.03 Transfer/Delivery of Offenders
3.03

The Contractor shall be responsible for the transporting of offenders to and from
CDCR to each facility. The parties agree to cooperate and coordinate their procedures
regarding transport so as to minimize the expense associated with such transfers. All
required offender local transportation to and from the facility shall also be provided and
paid for by the Contractor.

Section 3.04 Costs of Transport of Offenders between Facility and CDCR
3.04

CDCR shall reimburse Contractor for the cost of transporting offenders between the
transfer point in California and Facility, and between Facility and transfer point in
California as follows:
A.

Cost of airplane and crew (“charter costs”) at actual cost. Contractor agrees to
provide CDCR with the cost quote for any transfer and CDCR shall have 48
hours to approve or reject that quote. If CDCR rejects a quote, CDCR shall
cooperate with Contractor to obtain a replacement service provider to provide the
same service at a rate acceptable to CDCR. If a better quote cannot be obtained
through these efforts, CDCR agrees to allow Contractor to utilize the initial
provider.

B

Costs of guarding to be reimbursed to Contractor at their cost of salary and fringe
benefits for each guard accompanying the transportation of offenders. Salary and
fringe is defined for this section as actual salary plus 26% of salary in addition
thereto to cover the fringe benefits. In addition, Contractor shall be entitled
administrative overhead on said amounts calculated for guarding at a rate of
15%. Contractor shall be reimbursed for vehicle mileage for ground
transportation of offenders from the receiving State drop off point to the facility at
the rate then in effect and used by the Internal Revenue Service for calculation of
mileage.

Section 4.03 Medical/Mental Health/Dental
-1-

CORRECTIONS CORPORATION OF AMERICA
California Department of Corrections and Rehabilitation
Rate Sheet

4.03.1

Agreement Number C06.298
Exhibit B-1

Costs – The cost of providing on-site medical, mental health or dental services
(including security for hospital or clinical services off-site for the first seventy-two (72)
hour period with all security guard costs exceeding 72 hours being invoiced to CDCR
at full cost of salary plus fringe calculated at 26% of salary) through Facility staff or
contracted services shall be considered normal costs incidental to the operation of the
Facility and is included in the CDCR Offender per diem rates, except that the CDCR
shall pay for:
a)

All expenses in excess of $2,500 annually per inmate for medically necessary, off
site hospital or emergency care. This includes, but is not limited to medical,
surgical, mental health, and dental care delivered in an Emergency Room,
practitioner’s office, or inpatient or outpatient hospital setting. Non-emergency off
site care is not subject to this provision and is included in the per diem rate.

b)

All HIV or AIDS related inpatient and outpatient medical costs and the costs of
providing AZT or other medications therapeutically indicated and medically
necessary (as defined in the UHP) for the treatment of offenders with HIV or
AIDS. Contractor shall notify the CDCR of any offender diagnosed with HIV or
AIDS within three (3) working days.

c)

Any costs associated with DNA testing of offenders.

Incidental costs associated with routine blood testing done as part of the disciplinary
process or periodic testing required by the Contractor (or state where the Facility is
located) are included as part of the per diem rate.

-2-