AZ DEPT OF CORRECTIONS LABOR CONTRACT 10.2016.PDF

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ADC Contract No: 17-016-22
STATE OF ARIZONA
DEPARTMENT OF CORRECTIONS
1645 West Jefferson Street, Mail Code 55302
Phoenix, Arizona 85007-3002
INMATE WORK CONTRACT
This Contract is entered into between Maricopa County, administered by and through
Maricopa County Animal Care and Control, hereinafter referred to as the “Contractor”, and the
Director of the Arizona Department of Corrections, for and on behalf of its Arizona State Prison
Complex — Perryville, hereinafter referred to as the “Director” and “Department,” respectively.
This document, including the Scope of Services, Special Terms and Conditions, Standard Work
Provisions, any addendums, attachments or modifications, shall constitute the entire Contract between
the parties and supersedes all other understandings, oral or written.
IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Contract.
MARICOPA COUNTY ARIZONA DEPARTMENT OF CORRECTIONS
FEDERAL ID# 86-6000472
Signature of Authorized Individual Date Signature of Authorized Individual Date
Clint Hickman Michael P. Kearns
Typed Name Typed Name
Chairman of the Board of Supervisors Division Director, Administrative Services
Typed Title Typed Title
301 West Jefferson Street 1645 West Jefferson Street, Mail Code 328
Phoenix, Arizona 85002 Phoenix, Arizona 85007-3002
Address Address
Additional Signatures as Applicable
ATTESTED TO BY:
Fran McCarroll, Clerk of the Board Date Signature of Authorized Individual Date
Approved as to form:
Deputy County Attorney Date Name
Prepared by: Jill Lin, Procurement Technician
Date: October 25, 2016

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SCOPE OF SERVICES ADC Contract No, 17-016-22
WITNESSETH
WHEREAS, the Department is duly authorized by A.R.S. § 41-1604, et seq.; § 31-252 and § 31-254, to
execute and administer contracts and;
WHEREAS, the Contractor is authorized by A.R.S. § 11-201 to enter into agreements for services, and;
WHEREAS, the Department desires to implement the requirement that each able-bodied inmate under
commitment to the Department shall engage in work activity during such term of imprisonment, and;
WHEREAS, the Director of the Department has the authority to maintain and administer facilities and
programs as may be required for the custody, control and rehabilitation of all inmates committed to the Department,
and;
WHEREAS, the Director of the Department may authorize inmate work crews to perform acceptable tasks
in any part of the State, and;
WHEREAS Arizona State Prison Complex- Perryville is a prison facility which houses inmates available
to provide labor;
WHEREAS, the Contractor has a need for a labor force to provide services at its East Valley Shelter
located at 2630 West Rio Salado Parkway in Mesa, AZ 85201, and;
WHEREAS, the Department is able to supply an inmate labor pool from its Arizona State Prison Complex
— Perryville to perform services, as identified herein.
NOW, THEREFORE, the Department and the Contractor do hereby agree as follows:
1 THE CONTRACTOR AGREES:
1.1 To provide necessary tools/equipment, drinking water, sanitary facilities and any special clothing
required to accomplish work assignments.
1.2 To appoint a work crew leader who may provide both technical and job supervision as necessary.
Appointed supervisors shall abide by and put into operational practice the Standard Work Provision
for Inmate Work Programs Utilizing Contractor Supervision included as Attachment #1 of this
contract. For the purpose of this agreement:
1.2.1 “Technical supervision” means the Contractor shall provide staff who know the types of
work tasks to be accomplished and correct way to complete each task. Technical
supervisors teach assigned inmates how to complete their job assignments.
1.2.2. “Job supervision” means that Contractor personnel shall remain with assigned inmates for
the length of the work day to ensure inmates are supervised and accounted for, and report
results to the Department liaison.
1.3 To contact Department Liaison if an inmate:
1.3.1 Fails to remain at the work site,
1.3.2. Becomes ill at the work site and needs to be returned to the prison,
1.3.3. Poses security concerns.

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SCOPE OF SERVICES ADC Contract No. 17-016-22
1.4 To obtain the Department’s written approval for the Contractor’s technical supervisor prior to
initiation of this contract.
1.4.1 | Subsequent to Contract initiation, should the Contractor’s technical supervisor(s) change,
the Contractor shall notify the Department at least two (2) workdays prior to the impending
change to permit completion of the Department’s approval process.
1.4.2 If prior notice is not possible, the Department may withhold the inmate work crew from
further service until the necessary approval process is completed.
1.5 To provide, if applicable, pesticide protection and Hazardous Material Training
(HAZMAT) for inmates prior to initiating the work activities described in this Contract.
1.5.1 The Contractor shall comply with the Site Safety and Health Plan included as Attachment
#2 of this contract.
1.5.2 Inmates shall not be allowed to be present while hazardous materials, inclusive of
pesticides, are being used or applied. Pursuant to the Arizona Office of Pest Management,
no inmate shall be allowed to handle or to apply pesticides. However, all hazardous
materials (inclusive of pesticides), if stored and/or used on this site, and while ADC staff
and/or inmates are present, require they be trained to recognize such hazardous materials
and relative adverse medical signs and symptoms associated with the chemical, in
accordance with the federal chemical “Right-to-Know Act” (SARA Title II).
1.6 To provide a working environment which meets the requirements of the Occupational Safety and
Health Act (OSHA), Safety and Health Standards for General and or Construction Industry, 29
CFR Part 1910 and 1926, as adopted by the State of Arizona.
1.7 To provide emergency first aid for minor injuries or to contact the nearest medical provider to
assist if more extensive first aid services are needed.
1.8 The Contractor shall follow all Department Orders (DO’s), and Director’s Instructions (DI’s), i.e
drug-free workplace, grooming code, etc. The policies, procedures, DO's, and DI’s are available on
the following web site https://corrections.az.gov/.
1.9 To designate a staff member who shall serve as liaison between the Contractor and the Department.
The Contractor shall ensure that the Department is given the name and phone number/extension of
the contact person.
1.10 To notify the Department 24 hours prior to necessity should workload require inmates to stay
beyond their normal work hours. Said notice shall be provided by contacting the Department’s
institution contact person.
1.11 To assign work hours, work location(s), and job assignments subject to the concurrence of the
Department. Work sites shall be confined to locations which are within the Contractor’s authority
to manage, maintain and finance.
1.12 To allocate sufficient time from job responsibilities to allow Contractor’s staff assigned to this
work program to attend mandatory training given by the Department prior to initiating the work
activities described in this Contract. Subsequent to Contract execution, replacement staff assigned
to this program must receive Department training prior to assuming work responsibilities.
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SCOPE OF SERVICES ADC Contract No. 17-016-22
1.13. To maintain the work site in the manner/condition in which it was approved by the Department as
complying with the requirements imposed by the custody level of assigned inmates and assigned
work responsibilities. If, during the term of this Contract, security/safety concerns become evident,
or the Contractor wishes to change or alter the work site(s), the following procedures shall be
followed:
1.13.1 Security/safety concerns shall be rectified immediately by the Contractor in accordance
with direction received from the Department.
1.13.2. The Contractor shall provide written notice to the Department if changes or alterations are
planned for the work site(s) prior to any changes or alteration being accomplished.
1.13.3. Representatives from the Department and the Contractor shall conduct an inspection of the
work site(s). If the proposed change or alteration shall negatively impact the security
and/or safety of assigned inmate workers, corrective action shall be determined by the
Department.
1.13.4 If in the opinion of the Department, said security/safety concern(s) poses an immediate
threat to the inmate workers, the Department may withhold further assignments of the
inmate work crew until the concern is rectified.
1.14 Failure on the part of the Contractor to respond to the request for corrective action from the
Department under circumstances described in sub paragraphs 1.1 through 1.12 above shall result in
the immediate suspension of the work program.
1.14.1 The parties to this Contract may meet to discuss resolution.
1.14.2 If resolutions cannot be achieved, this Contract shall be terminated.
1.14.3. The Contractor shall make final payment to the Department as directed herein.
1.15 To pay for inmate labor at the rate of fifty cents (50¢) per hour, to include Saturday and Sunday
and approved extra hours, if applicable as authorized by the Department.
1.16 Inmate Work Crews are compensated for actual hours worked. Inmates shall be
compensated an hour’s pay for an hour’s work and shall not be paid for time not at their
work assignments, such as travel time.
1.17 To pay for Correctional Officer (CO) supervision of inmate work crews under this contract at the
State’s prevailing overtime rate for eight (8) hours per day on Saturdays and Sundays,
only. Contractor is not required to pay for Correctional Officer supervision of Inmate Work Crews
working Monday through Friday. Should additional crews be needed, Contractor will hire
additional staff to supervise inmate work crews. The Contractor in agreement with the Department
must authorize the expense of additional Departmental staff before the expense is incurred.
1.18 In addition to inmate labor and CO overtime on Saturdays and Sundays, the Contractor shall pay
the Department for transportation costs at the State prevailing rate per mile, as determined by the
Arizona Department of Administration, General Accounting Office, for distance traveled by each
Department transportation vehicle to and from the work site(s). Such payment shall be rendered by
separate check or warrant at the same time and place as payment for inmate wages.

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SCOPE OF SERVICES ADC Contract No. 17-016-22
1.19 That on or before the 15" business day of each calendar month, the Contractor shall make payment
for all work performed during the preceding month. The check or warrant shall be made payable to
Arizona State Prison Complex — Perryville and sent to the following address:
Arizona State Prison Complex = Perryville
Attention: Business Administrator
P.O. Box 3000
Goodyear, Arizona 85395
1.20 To maintain records and other evidence sufficient to reflect properly all payments related to this
work program. Such records shall be made available for inspection and audit upon request by the
Department.
1.21 That inmates assigned to this work program shall not drive any licensed, over-the road vehicle as
part of their job responsibilities. However, assigned inmates may be permitted to operate the
Contractor’s off-road mobile equipment, in accordance with the following guidelines.
1.21.1 The Contractor shall provide written notice to the Department advising of the need to have
inmates operate mobile equipment. The notice shall describe the type(s) of off-road mobile
equipment to be operated in accordance with Attachment #3.
1.21.2 No inmate shall operate any mobile equipment until the Contractor receives written
authorization from the Department in accordance with Attachment #3.
1.21.3 If the Contractor receives written authorization from the Department, the Contractor shall
document training provided to inmates specific to each type of off-road mobile equipment
to be operated.
1.21.4 Acquire and maintain applicable insurance in compliance with State requirements.
1.21.5 Designated off-road mobile equipment may be:
1.21.5.1 Riding lawnmowers and golf carts or similar type equipment.
2 THE DEPARTMENT AGREES:
2.1 To approve and authorize inmates to be assigned to the work project.
2.2 To provide a mutually agreed number of inmates, subject to availability of said work force, to
provide General Housekeeping/Janitorial; Laundry; General Landscaping; Light Maintenance and
Painting to Contractor pursuant to the scope of work and, as agreed to by the Department and
Contractor.
2.3 Assign only those inmate convicted of non-violent offenses. In no event will an offender with a
history of a conviction for sexual assault, abuse or any other violent offense be assigned to the
County’s work program. Further, inmates classified as sexual predators/offenders shall not be
utilized for this public works Contract. Inmates shall be screened and approved by the Department
for assignment to the Contractor’s work projects, in accordance with Department written
instructions.
2.4 That work assignments shall be performed at the Contractor’s business location(s) and hours as
shown on Attachment No. 4.
2.5 The Department shall remove and replace as soon as possible any inmate who does not perform to
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SCOPE OF SERVICES ADC Contract No. 17-016-22
the satisfaction of the Contractor.
2.6 To ensure assigned inmates shall wear their identification cards at all times at the work site.
2.7 To ensure assigned inmates shall wear distinctive clothing as approved by the Department.
2.8 To ensure assigned inmates shall execute a work program release form provided by the County.
2.9 To provide the Contractor with a Daily Inmate Roster listing inmates assigned to the work crew
each workday, as shown by Attachment #5. Each day’s roster shall be maintained by the
Department for monthly invoicing purposes. The Department may computerize this Attachment,
but shall ensure that all required information is provided.
2.10 Approve requests from the Contractor for inmates to work extra hours, if needed.
2.11 To provide transportation of inmate workers to and from selected work site(s) in Department
owned vehicles, Inmate workers shall not be transported in privately owned vehicles at any time.
2.12 To provide sack lunches for inmates and furnish all clothing, except special protective clothing or
footwear.
2.13. To ensure provision of medical services for inmate injuries or illness at the worksite(s).
2.14 Emergency medical services required due to an injury or illness that occurs at a Contractor work-
site may be provided for or arranged by the Department in order to protect the life or limb of an
inmate(s). The Contractor shall notify the Department, or designee, as soon as is practical after
handling the emergency medical needs of the inmate(s). The Department shall provide immediate
verbal notification to the Department Monitor.
2.15 To provide security supervision of inmate workers in accordance with Department written
instructions.
2.16 | When mutually agreed to by the Department and the Contractor: to provide a Correctional Officer
(CO) who shail remain on site to provide security supervision of the inmate workers each workday.
The assigned CO shall follow Department notification procedures if:
2.16.1 An inmate fails to remain at the work site.
2.16.2 An inmate has an accident or becomes seriously ill at the work site.
2.17 To approve/disapprove the Contractor’s technical supervisor(s) assigned to this work program in
accordance with Department written instructions.
2.18 To provide training to Contractor’s staff who will be involved in supervising or interacting with
inmate workers. This training shall be given prior to initiating the work activities described in this
Contract. Subsequent to Contract execution, replacement staff assigned to this work program must
receive Department training prior to assuming work responsibilities. Refresher up-date courses
shall be made available to the Contractor’s staff on an as needed basis, but no more frequently than
quarterly.
2.19 To keep the Contractor fully informed of Department written instructions, procedures and activities
that have bearing upon the Contractor fulfilling assigned obligations under this Contract.
2.20 To designate an institutional contact person who shall function as a liaison between the Institution,
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SCOPE OF SERVICES ADC Contract No. 17-016-22
Department and the Contractor in developing and coordinating work schedules, assignments, hours
and transportation. The Department shall ensure the Contractor is given the name and telephone
number/extension of the contact person.
2.21 To ensure that any inmate(s) who drives the Contractor’s off-road mobile equipment as an assigned
work duty is in compliance with Department written instructions governing the use of inmate
drivers.
2.22 That prior to the initiation of this work program, the proposed work site shall be inspected relative
to security and safety concems to ensure the work environment satisfies all requirements imposed
by custody level of assigned inmate workers and assigned work responsibilities. If, during the term
of this Contract, security or safety concerns should become evident, or the Contractor wishes to
change or alter the work site, the procedure described in Section 1.13 of this Contract shall be
followed.
2.23 To invoice the Contractor for payments due no later than the fifth (5") business day of each month.
Invoices shall identify the following:
2.23.1 Inmate name and ADC number
2.23.2 Hours worked
2.23.3 Rate of pay
2.23.4 Mileage (if applicable)
2.23.5 Vehicle repair expense (if applicable)
2.23.6 Total amount invoiced
2.24 Invoices for CO supervision shall identify at a minimum the following:
2.24.1 CO name(s)
2.24.2 CO hours worked including overtime hours, if applicable
2.24.3 Total amount invoiced
2.25 That invoices shall be sent to the Contractor at the following address:
Maricopa County
Animal Care & Control
2630 W. Rio Salado Parkway
Mesa, Arizona 85201

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SPECIAL TERMS AND CONDITIONS ADC Contract No. 17-016-22
SPECIAL TERMS AND CONDITIONS
3.1 Term of Contract The term of this Contract November 16, 2016 to April 12, 2021, unless
terminated, canceled or extended as otherwise provided herein. The Contract is effective when
fully executed by the Parties.
3.1.1. By mutual written agreement, this Contract may be extended.
3.2 This Contract may be terminated, without cause, by either party by provision of prior written notice
to the other. Such Notice of Termination shall be effective thirty (30) calendar days after mailing
by certified mail, return receipt requested, to the other party.
3.3 Stop Work Order: The State may, at any time, by written order to the Contractor, require the
Contractor to stop all or any part, of the work called for by this Contract for period(s) of days
indicated by the State after the order is delivered to the Contractor. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor
shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of
costs allocable to the work covered by the order during the period of work stoppage. Stop Work
Orders may be issued due to lack of insurance, non-payment of inmate wages, CO salaries,
transportation reimbursement, etc.
3.3.1 Ifa stop work order issued under this clause is canceled or the period of the order or any
extension expires, the Contractor shall resume work. The Procurement Officer shall make
an equitable adjustment in the delivery schedule or Contract price, or both, and the
Contract shall be amended in writing accordingly.
3.4 Circumstances may arise during the term of this Contract which may prohibit the assignment of
inmates for work assignments. Such circumstances could include acts of nature, institution riots,
lockdowns, inmate work strikes, etc. The following guidelines shall govern, if such circumstances
should occur:
3.4.1. The Department shall provide verbal notice within 24 hours to the Contractor if
circumstances will impact work activities.
3.4.2 The Contractor shall not hold the Department liable for failure to perform, or in default of
Contract terms due to circumstances described above.
3.5 The terms of this Contract are intended to define the respective rights and obligations of the
Department and the Contractor. Nothing expressed herein shall create any rights or duties in
favor of the inmates or any other party of any kind or nature.
3.6 Inmates working under this Contract are not employees of the Contractor and any compensation is
provided solely pursuant to A.R.S. § 31-254.
3.7 Non-Availability of Funds In accordance with A.R.S. § 35-154, every payment obligation of the
State under the Contract is conditioned upon the availability of funds appropriated or allocated for
payment of such obligation. If funds are not allocated and available for the continuance of this
Contract, this Contract may be terminated by the State at the end of the period for which funds are
available. No liability shall accrue to the State in the event this provision is exercised, and the State
shall not be obligated or liable for any future payments or for any damages as a result of
termination under this paragraph.

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SPECIAL TERMS AND CONDITIONS ADC Contract No. 17-016-22
3.8 Cancellation for Conflict of Interest In accordance with A.R.S. § 38-511, State may within three
years after execution cancel the Contract, without penalty or further obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf
of the State, at any time while the Contract is in effect, becomes an employee or agent or any other
party to the Contract in any capacity or a consultant to any other party of the Contract with respect
to the matter of the Contract.
3.9 The Department reserves the right to terminate the contract for default in whole or in part due to
the failure of the Contractor to comply with any term or condition of the Contract, to acquire and
maintain all required insurance policies, bonds, licenses and permits. The Department shall
provide written notice of the termination and the reasons for it to the Contractor.
3.10 Changes to the Contract shall be handled by formal amendment through Procurement Services.
3.11 Arbitration In accordance with A.R.S. § 12-1518, the parties agree to resolve all disputes arising
out of or relating to this Contract through arbitration, after exhausting applicable administrative
review except as may be required by other applicable statutes.
3.11.1 Records which relate to disputes, litigations or the settlement of claims arising out of the
performance of this Contract, or to cost and expenses of this Contract as to which
exception has been taken by either party, or their designees, shall be retained by the parties
until such appeals, litigations, claims or exceptions have been finally resolved.
3.12. Applicable Law In accordance with A.R.S. § 41-2501, et seq, and AAC R2-7-101, et seq, Contract
shall be governed and interpreted by the laws of the State of Arizona and the Arizona Procurement
Code.
3.13 Non-Discrimination In accordance with A.R.S. § 41-1461, Contractor shall provide equal
employment opportunities for all persons, regardless of race, color, creed, religion, sex, age,
national origin, disability or political affiliation. Contractor shall comply with the Americans with
Disabilities Act.
3.14 Each party to this contract shall be responsible for any and all costs, including but not limited to,
attomey fees, court costs and other litigation expenses incurred as a result of the errors and
omissions of its officers, employees, agents, or assigns arising out of the performance of this
contract.
3.15 Audit_of Records In accordance with A.R.S. § 35-214, the Contractor shall retain and shall
contractually require each subcontractor to retain all data, books and other records (“records”)
relating to this Contract for a period of five years after completion of the Contract. All records shall
be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor
shall produce the original of any or all such records.
3.16 Any and all notices, requests or demands given or made upon the parties hereto, pursuant to or in
connection with this Contract, unless otherwise noted, shall be delivered in person or sent by
United States Mail, postage prepaid, to the parties at their respective addresses as shown on the
signature page of this document.
3.17 Third Party Antitrust Violations The Contractor assigns to the State any claims for charges
resulting from antitrust violations to the extent that such violations concern materials or services
supplied by third parties to the Contractor.

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SPECIAL TERMS AND CONDITIONS ADC Contract No. 17-016-22
3.18 | Notice Waming Any person who takes into or out of or attempts to take into or out of correctional
facility or the grounds belonging to or adjacent to a correctional facility, any item not specifically
authorized by the correctional facility, shall be prosecuted under the provisions of the Arizona
Revised Statues. All persons, including employee and visitors, entering upon these confines are
subject to routine searches of their persons, vehicles, property of packages.
3.19 Unlawful Sexual Conduct
3.19.1 A person — who is employed by the State Department of Corrections or the Department of
Juvenile Corrections; is employed by a private prison facility or a city or county jail;
Contracts to provide services with the State Department of Corrections, the Department of
Juvenile Corrections, a private prison facility or a city or county jail; is an official visitor,
volunteer or agency representative of the State Department of Corrections, the Department
of Juvenile Corrections, a private prison facility or a city or county jail — commits unlawful
sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with
an offender who is in the custody of the State Department of Corrections, the Department
of Juvenile Corrections, a private prison facility or a city or county jail or with an offender
who is under the supervision of either Department or a city or county
3.19.2 This section does not apply to a person who is employed by the State Department of
Corrections, a private prison facility or a city or county jail or who Contracts to provide
services with the State Department of Corrections, a private prison facility or a city or
county jail or an offender who is on release status if the person was lawfully married to the
prisoner or offender on release status before the prisoner or offender was sentenced to the
State Department of Corrections or was incarcerated in a city or county jail.
3.19.3. Unlawful sexual conduct with an offender who is under fifteen years of age is a class 2
felony. Unlawful sexual conduct with an offender who is between fifteen and seventeen
years of age is a class 3 felony. All other unlawful sexual conduct is a class 5 felony.
3.19.4 Unlawful sexual conduct; correctional facilities; classification; Definition
A.R.S. § 13-1419.
3.20 Federal Prison Rape Elimination Act 2003 The Contractor shall comply with the Federal Prison
Rape Elimination Act of 2003. Reference 28 C.F.R., Part § 115.
3.21 Contraband
3.21.1 Contraband means any dangerous drug, narcotic drug, intoxicating liquor of any kind,
deadly weapon, dangerous instrument, explosive or any other article whose use of or
possession would endanger the safety, security or preservation of order in a correctional
facility or any person therein. (Any other article includes any substance which could cause
abnormal behavior, i.e. marijuana, nonprescription medications, etc.
Promoting prison contraband A.R.S. § 13-2505:
A person, not otherwise authorized by law, commits promoting prison contraband:
e By knowingly taking contraband into a correctional facility or the grounds of such a
facility; or
¢ By knowingly conveying contraband to any persons confined in a correctional facility; or

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SPECIAL TERMS AND CONDITIONS ADC Contract No. 17-016-22
e By knowingly making, obtaining, or possessing contraband while being confined in a
correctional facility.
Promoting Prison Contraband is a Class 5 felony.
3.22 Offshore Performance of Work Prohibited. Any services that are described in the specifications or
scope of work that directly serve the State of Arizona or its clients and involve access to secure or
sensitive data or personal client data shall be performed within the defined territories of the United
States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to
indirect or overhead services, redundant back-up services or services that are incidental to the
performance of the contract. This provision applies to work performed by subcontractors at all
tiers.
3.23 Electronic_and Information Technology. Unless specifically authorized in the Contract, any
electronic or information technology offered to the State of Arizona under this Contract shall
comply with A.R.S. § 41-2531 and A.R.S. § 41-2532 and Section 508 of the Rehabilitation Act of
1973, which requires that employees and members of the public shall have access to and use of
information technology that is comparable to the access and use by employees and members of the
public who are not individuals with disabilities.
3.24 E-Verfy Requirement
3.24.1 In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal
immigration laws and regulations relating to employees and warrants its compliance with
AAC Section A.R.S. § 23-214, Subsection A.
3.25. INDEMNIFICATION: Each party (as Indemnitor) agrees to defend, indemnify, and hold
harmless the other party (as Indemnitee) from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attomey's fees) (hereinafter collectively referred to as
Claims arising out of bodily injury of any person (including death) or property damage, but only
to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are
caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers,
officials, agents, employees, or volunteers. The State of Arizona, Department of Corrections, and
the County are self-insured.
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STANDARD WORK PROVISION Attachment #1
INMATE WORK PROGRAMS ADC Contract No. 17-016-22
INMATE WORK PROGRAM UTILIZING ON-SITE CORRECTIONAL OFFICER(S) (CO)
The Contractor shall provide training and special protective clothing if work environment necessitates
use of specific safety precautions or if inmates must work with, near, or around hazardous materials, e.g.,
asbestos, explosives, radioactive substances. Provision of training shall be documented in writing for
each inmate participant. Special protective clothing may include, but shall not be limited to, shoes,
safety glasses, gloves, goggles, protective outerwear, hats, etc.
The Contractor shall provide instruction to all inmate workers regarding necessary safety precautions at
the job site. If inmate workers are required to operate special equipment as part of their job duties,
appropriate training specific to its use shall be provided and documented.
Contractor’s supervisors shall have knowledge and training related to the particular work tasks described
in the Contract to ensure that qualified technical supervision and assistance shall be provided to inmate
workers as applicable to job requirements.
All equipment, machinery and tools needed to accomplish designated work assignments shall be
maintained in good repair and working condition by the Contractor.
The Contractor shall comply with the required standards of the Occupational Safety and Health Act
(OSHA) during the term of this Contract relative to safety of the work environment and equipment used
by assigned inmate workers.
The confidentiality of information regarding any inmate worker acquired in the course of service
pursuant to this Contract shall be maintained in accordance with A.R.S. § 31-221, and no information
shall be released without prior written authorization from a representative of the Department.
The Contractor's personnel shall be instructed that it is unlawful for anyone to give, take or in any
manner barter with inmates, i.e., the supplying of any goods, including food and soft drinks or monies,
constitutes a felony for which they can be prosecuted. Inmates are not permitted to work where there are
alcoholic beverages or illegal drugs.
The Contractor's personnel shall not handle any mail, notes, packages, or verbal messages for assigned
inmates. No inmate shall be permitted to make or receive telephone calls unless the call is made to or
received from the prison facility in which the inmate is incarcerated.
An authorized representative of the Department shall be permitted to visit or telephone assigned inmates
at the prescribed place of work, or to otherwise communicate with the Contractor to discuss each
inmate's work performance, work attendance and general behavior.
No inmate shall be placed in a supervisory capacity over any other inmate.
The Contractor shall provide immediate notification to the on-site CO of the following:
1. Unsatisfactory work or malingering of inmates. If requested, the Contractor shall furnish a written
account of such unsatisfactory performance.
2. The discovery or suspicion of any intoxicant or unprescribed drug in the possession of any inmate
worker.
The visiting of an inmate by any unauthorized person shall not be permitted. If any person is found
visiting with an inmate, his or her name and description shall be given to Department authorities. If it is
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INMATE WORK PROGRAMS ADC Contract No. 17-016-22
not possible or feasible to obtain names, other identification such as automobile make, description and
license number shall be obtained when possible.
Any allegations of non-compliance with Department written instructions, or other Contractor
misconduct, shall be subject to investigation by the Department.
INMATE WORK PROGRAM UTILIZING CONTRACTOR SUPERVISION
No inmate shall be placed in a supervisory capacity over any other inmate.
Department authorities shall be notified of unsatisfactory work or malingering of inmates and, if
requested, the Contractor shall furnish a written account of such unsatisfactory performance.
The Department shall receive immediate notification of an inmate's failure to remain at work in
accordance with assigned job duties.
The Department shall receive immediate notification of the discovery or suspicion of any intoxicant or
unprescribed drug in the possession of any inmate worker.
In the event of accident or serious illness while on the job, the Contractor may administer first aid as
necessary and shall notify Department authorities without delay. If necessary, in the interest of life or
limb, the inmate may be transported to the nearest hospital. Inmate workers shall not be transported in
privately owned vehicles at any time.
The Contractor shall provide training and special protective clothing if work environment necessitates
use of specific safety precautions or if inmates must work with, near, or around hazardous materials, e.g.,
asbestos, explosives, radioactive substances. Provision of training shall be documented in writing for
each inmate participant. Special protective clothing may include, but shall not be limited to, shoes,
safety glasses, gloves, goggles, protective outerwear, hats, etc.
The Contractor shall provide instruction to all inmate workers regarding necessary safety precautions at
the job site. If inmate workers are required to operate special equipment as part of their job duties,
appropriate training specific to its use shall be provided and documented.
Contractor's supervisors shall have knowledge and training related to the particular work tasks described
in the Contract to ensure that qualified technical supervision and assistance shall be provided to inmate
workers as applicable to job requirements.
All equipment, machinery and tools needed to accomplish designated work assignments shall be
maintained in good repair and working condition by the Contractor.
The Contractor shall comply with the required standards of the Occupational Safety and Health Act
(OSHA) during the term of this Contract relative to safety of the work environment and equipment used
by assigned inmate workers.
The confidentiality of information regarding any inmate worker acquired in the course of service
pursuant to this Contract shall be maintained in accordance with A.R.S. § 31-221, and no information
shall be released without prior written authorization from a representative of the Department.
The Contractor's personnel shall be instructed that it is unlawful for anyone to give, take or in any
manner barter with inmates, i.e., the supplying of any goods, including food and soft drinks or monies,
constitutes a felony for which they can be prosecuted. Inmates are not permitted to work where there are
alcoholic beverages or illegal drugs.
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STANDARD WORK PROVISION Attachment #1
INMATE WORK PROGRAMS ADC Contract No. 17-016-22
The Contractor's personnel shall not handle any mail, notes, packages, or verbal messages for assigned
inmates. No inmate shall be permitted to make or receive telephone calls unless the call is made to or
received from the prison facility in which the inmate is incarcerated.
An authorized representative of the Department shall be permitted to visit or telephone assigned inmates
at the prescribed place of work, or to otherwise communicate with the Contractor to discuss each
inmate's work performance, work attendance and general behavior.
The visiting of an inmate by any unauthorized person shall not be permitted. If any person is found
visiting with an inmate, his or her name and description shall be given to Department authorities. If it is
not possible or feasible to obtain names, other identification such as automobile make, description and
license number shall be obtained when possible.
Any allegations of non-compliance with Department written instructions, or other Contractor
misconduct, shall be subject to investigation by the Department.
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STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND HEALTH PLAN ADC Contract No. 17-016-22
Developed by: State of Arizona, Department of Administration
Risk Management Section
Provided by: Mike Foster, Manager, Safety and Environmental Services,
Administrative Services Division
1 PROGRAM OBJECTIVES
1.1 This Safety and Loss Prevention Program is established to exercise all available means of
eliminating or controlling hazards and risks associated with renovation and construction projects.
Minimize Personal injuries;
Maximize Property Conservations;
Achieve Greater Efficiency; and
Reduce Direct and Indirect Costs
2 The effectiveness of Safety and Loss Prevention Program will depend on the active participation
and full cooperation of all involved with the project to include management, supervisors, inmates,
and employees, and their efforts in carrying out the following basic responsibilities.
1.2.1 Plan all work to minimize personal injury, property damage and loss of productive time.
Properly select inmates/employees based upon their skill level for the necessary job tasks.
Provide for the protection of adjacent property and safety of the public.
Coordinate activities with others at the work location.
Establish and conduct an educational program to stimulate and maintain interest and
participation of all inmates and employees through:
1.2.5.1 Safety Meetings;
1.2.5.2 Prompt investigation of all accidents and serious potential incidents to
determine cause or causes and take necessary corrective action to eliminate a
recurrence of a loss or incident:
Use of proper work methods, personal protective equipment, and mechanical
guards;
Employee/inmate safety instructions to all assigned work; and
1.2.5.5 Safety training programs.
2 RESPONSIBILITIES
2.1 It is the purpose of the program to organize and direct activities, which will:
2.1.1 Avoid injuries,
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STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND HEALTH PLAN ADC Contract No. 17-016-22
ealee Reduce construction interruption due to an accident.
2.1.3 Assure a safe and healthy place to work.
2.2 The Project Manager is required to establish and administer a site-specific safety program and
will:
2.2.1 Make periodic loss prevention surveys.
2.2.2 Submit written recommendations.
Periodically attend safety meetings.
Assure safety orientation meetings for employees/inmates are conducted and
documented.
Provide warning signs, safety literature, reporting forms, and other educational and
training materials as deemed appropriate.
Maintain a written comprehensive Safety and Loss Prevention manual.
Give due consideration to all safety factors during pre-planning.
Employ only those individuals physically and mentally capable of performing in a safe
manner.
2.2.9 Comply with the Occupational Safety and Health Act and all other applicable Federal,
State and Local regulations.
2.2.10 Provide and enforce the use of all necessary testing equipment for employee/inmate
health and safety. Provide and enforce the use of personal protective equipment and use
only where Engineering controls are not feasible.
2.2.11 Provide properly guarded and maintained tools, machinery and equipment.
2.2.12 Maintain necessary accident records and promptly file the reports required by the State or
Federal authorities and the insurer.
2.2.13 Promptly investigate any incident that causes injury or damage to property.
2.2.14 Plan and schedule work operations so as to control personal injury and property damage
hazards.
Maintain good housekeeping conditions and fire protection equipment.
Maintain an effective equipment inspection and maintenance program.
Provide proper and specific work task training for employees/inmates regarding the
hazards of their jobs and how to work safely.
2.2.18 Correct unsafe work habits of employees/inmates as soon as they are observed.
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STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND HEALTH PLAN ADC Contract No. 17-016-22
2.2.19 Eliminate unsafe conditions under their control and promptly report those they cannot
eliminate to the proper authority.
2.2.20 Conduct weekly toolbox meetings with all employees/inmates and maintain written
records of these meetings. The written record shall include the date, topic discussed,
comments, and attendees.
2.2.21 Ensure each employee/inmate understands that violations of the project safety program
will not be tolerated and that proper disciplinary action will be administered, including
removal from the Project for violation of safety policy.
GENERAL SAFETY REQUIREMENTS
3.1 Laws and Regulations:
3.1.1 Responsible project management representatives shall comply with and enforce all local,
state and federal laws, rules, statutes and regulations of governing or regulatory bodies
within the geographical scope of its operations. They will also cooperate with all
regulatory agencies regarding job site safety and health, and allow full access to the
project for visitation.
3.2 Audit Procedures:
3.2.1 All documentation regarding safety training, hazard communication, electrical safety
programs, equipment safety programs, equipment inspection and maintenance records,
and fire protection inspection shall be kept on the job site.
3.3 Drug and Alcohol Policy:
3.3.1 The possession or use of any non-prescribed drug or any alcohol beverage on the job site
is strictly prohibited.
SPECIFIC REQUIREMENTS
4.1 Emergency Procedures Guideline:
4.1.1 The Project Manager will set up emergency procedures for the following categories:
4.1.1.1 Fire
4.1.1.2 Injuries
4.1.1.3 Injury to the general public
4.1.1.4 Property damage, particularly to utilities; ie., gas, water, sewage, electrical,
telephone, or pedestrian and vehicle routes.
4.1.1.5 Public demonstrations
4.1.1.6 Bomb threats
4.1.1.7 Other exposures at the construction site
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STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND HEALTH PLAN ADC Contract No. 17-016-22
4.1.2 In order that necessary emergency services are supplied promptly, the Project Manager
shall:
4.1.2.1 Post in a conspicuous place, a list of emergency phone numbers, along with
the type of information to be transmitted for each emergency situation.
4.1.2.2 Delegate responsibility for making emergency calls.
4.1.3 It is the responsibility of the Project Manager to ensure immediate (5 min or less) reliable
emergency medical response is available or to provide full time dedicated, trained
emergency medical staff and facilities to be available to all employees/inmates If
employees/inmates are working with materials that could adversely affect their
respiration, or are subject to electrical shock that could cause loss of the breathing
function, and medical response is longer than 3 to 4 minutes, the Project Manger must
adhere to the OSHA rules and regulations, 29 CFR 1926.50, regarding medical response
for a construction site.
4.1.4 The Project Manager’s emergency procedures should be reviewed regularly and, where
necessary, adjusted to provide maximum effectiveness.
4.2 Protection of the Public:
4.2.1 The Project Manager shall take all necessary precautions to prevent injury to the public or
damage to property of others. The term public shall include all persons not engaged in
the project or others working under his/her direction. Precautions to be taken shall
include, but not limited to, the following:
4.2.1.1 Work shall not be performed in any area occupied by the public unless
specified permitted by the contract or in writing by the Project Manager.
4.2.1.2 When it is necessary to maintain public use of work areas involving
sidewalks, entrances to buildings, lobbies, corridors, aisles, stairways and
vehicular roadways, the Project Manager s shall protect the public with
appropriate guardrails, barricades, temporary partition shields, and adequate
visibility. Such protection shall guard against harmful radioactive rays or
particles, flying materials, falling or moving materials and equipment, hot or
poisonous materials, explosives and explosive atmospheres, flammable or
toxic liquids and gasses, open flames, energized circuits or other harmful
exposures.
4.2.1.3 Sidewalks, entrances to buildings, lobbies, corridors, aisles, doors or exits
shall be kept clear of obstructions to permit safe ingress and egress of the
public at all times.
4.2.1.4 Appropriate warnings, signs, and instructional safety signs shall be
conspicuously posted where necessary. In addition, a signal shall control the
movement of motorized equipment in areas where the public might be
endangered.
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STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND HEALTH PLAN ADC Contract No. 17-016-22
4.2.1.5 Sidewalk sheds, canopies, catch platforms and appropriate fences shall be
provided when it is necessary to maintain public pedestrian traffic adjacent to
the erection, demolition or structural, alteration of outside walls on any
structure. The protection required shall be in accordance with the laws and
regulations of the regulatory bodies.
4.2.1.6 A temporary fence shall be provided around the perimeter of above ground
operations adjacent to public areas except where a sidewalk shed or fence is,
if provided by the contract or as required by Subparagraph 5 above.
Perimeter fences shall be at least six feet high and/or in compliance with the
laws and regulations of the regulatory bodies involved.
4.2.1.7 Guardrails shall be provided on both sides of vehicular and pedestrian
bridges, ramps, runways and platforms. Pedestrian walkways elevated above
adjoining surfaces, or walkways within six feet of the top of excavated slopes
or vertical banks shall be protected with guardrails, except where sidewalk
sheds or fences are provided as required by Subparagraph 5 above.
Guardrails shall be made of rigid materials capable of withstanding a force of
at least 200 pounds applied in any direction at any point in their structure.
Their height shall be approximately 42-inches. Top rails and post may be 2-
inches by 4-inches dressed wood or equal. Intermediate horizontals rails at
mid-height and toe boards at platform level may be I-inch by 6-inch wood or
equal. Posts shail not be over eight feet apart.
4.2.1.8 Barricades meeting the requirements of the political subdivision involved
shall be provided where sidewalk sheds, fences or guardrails as referenced
above, are not required between work areas and pedestrian walkways,
roadways or occupied buildings. Barricades shall be secured against
accidental displacement and shall be maintained to perform the work.
During the period a barricade is removed temporarily for the purposes of
work, a watchman shall be placed at all openings.
4.2.1.9 Temporary sidewalks shall be provided when a permanent sidewalk is
obstructed by the Trade Subcontractor’s or any tier operations. They shall be
in accordance with the requirements of the political subdivision involved.
Guardrails shall be provided on both sides of temporary sidewalks.
4.2.1.10 Warning signs and lights including lanterns, torches, flares and electric
lights, meeting requirements of the political subdivision involved, shall be
maintained from dusk to sunrise along guardrails, barricades, temporary
sidewalks and at every obstruction to the public. These shall be placed at
both ends of such protection or obstructions and not over 20 feet apart
alongside of such protection or obstructions.
43 Housekeeping
4.3.1 During the course of construction/renovation, housekeeping practices will be followed to
keep the work areas, passageways, and stairs in and around the buildings or other
structures, free from debris of all types.
4.3.1.1 This shall include scrap lumber and form lumber with protruding nails.
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STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND HEALTH PLAN ADC Contract No. 17-016-22
4.3.1.2 Combustible scrap and debris shall be removed at regular intervals.
Containers shall be provided for the collection of scrap, trash and other
debris.
4.4 Personal Protective Equipment:
4.4.1 The Project Manager shall be responsible for requiring the wearing of appropriate
personal protective equipment in all operation where there is an exposure to hazardous
conditions or where there is an indication of the need for using such equipment to reduce
the hazard to employees/inmates. Such equipment will be used where engineering out
the hazard is not feasible.
4.5 Flammable and Combustible Liquids:
4.3.1 Flammable and combustible liquids shall be stored and dispensed in compliance with
regulations and rules established by the governing regulatory bodies.
4.5.2 Any leakage or spillage of flammable or combustible liquids shall be cleaned up
immediately and disposed of promptly and safely.
4.5.3 Transfer of flammable liquids from one container to another shall require electrically
bonding the containers.
4.5.4 Small quantities of flammable liquids that may be used at various points on the Job Site
shall be handled in approved safety cans.
4.5.5 No smoking, matches, or open flames will be permitted within 50 feet of the area where
flammable liquids are used or transferred, unless conditions warrant greater clearance.
4.5.6 Fuel trucks will properly marked, contents clearly identified, posted and with proper fire
protection.
4.5.7 Fuel tanks over 500 gallons will be diked, grounded, and protected from contact by
vehicles on all sides. Proper identification of tanks and access for measurement will be
maintained.
4.6 Tools — Hand and Power:
4.6.1 All hand and power tools and equipment shall be maintained in a safe condition. The
Project Manager shall be responsible for the condition of all tools or equipment used by
employees/inmates.
4.6.2 Power operated tools that are designed to accommodate guards shall be equipped with
such guards while in use.
4.6.3 Belts, gears, shafts, pulleys, sprockets, spindles, drums, flywheels, chains, or other
reciprocating, rotating or moving parts of such equipment or tools shall be guarded if
such parts are exposed to contact.
4.6.4 Wrenches shall not be used when the jaws are sprung or worm to the point that slippage
occurs.
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