INMATE LABOR CONTRACT (MCACC AND ATTORNEY SIGNED).PDF

ADCRR Contract No: 21-120-31

STATE OF ARIZONA

DEPARTMENT OF CORRECTIONS, REHABILIATION & REENTRY
1645 West Jefferson Street, Mail Code 55302
Phoenix, Arizona 85007-3002

INMATE WORK CONTRACT

This Contract is entered into between Maricopa County, administered by Maricopa County
Animal Care and Control Department, hereinafter referred to as the Contractor, and the Arizona
Department of Corrections, Rehabilitation & Reentry, for and on behalf of its Arizona State Prison
Complex — Perryville (ASPC-Perryville), hereinafter known as the Department.

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 WHEREOEF, the parties hereto agree to carry out the terms of this Contract.

—_—_— dl
MARICOPA COUNTY ARIZONA DEPARTMENT OF CORRECTIONS,
FEDERAL ID# 86-6000472 REHABILITATION & REENTRY
Signature of Authorized Individual Date Signature of Authorized Individual Date
Jack Sellers Denel M. Pickering
Typed Name Typed Name

Chairman of the Board of Supervisors

Chief Procurement Officer, Procurement Services

Typed Title
301 W. Jefferson St., #10
Phoenix, Arizona 85003

Typed. Title
1645 West Jefferson Street, Mail Code 328
Phoenix, Arizona 85007-3002

Address

Address

Additional Signatures as Applicable

Ke Ap hats Jib, 08.09.2021 Marl Frye. Lym &¢el

Signatute of Authorized Individual Date Signature of AuthSrized Individual Date
Karen Hartman - Tellez Robyn Jaynes, DVM
Typed Name Typed Name

Senior Counsel, Maricopa County

Director, Maricopa County Animal Care and Control

Typed Title
225 W. Madison St.
Phoenix, Arizona 85003

Typed Title

2500 S. 27th Ave.
Phoenix, Arizona 85009

Address

Prepared by: Suri Wall, Procurement Specialist
Updated: July 7, 2021

Address

Page 1 of 25

SCOPE OF SERVICES ADGRR Contract No, 21-120-31

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. § ARS. § 11-201; §11-251, et seq.; and § 11-1013; 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, the Contractor has a need for a labor force to support its kennel sanitation and normal
property maintenance as shown at location(s) identified herein and;

WHEREAS, the Department is able to supply an inmate labor pool to support this work program for its
Arizona State Prison Complex — Perryville as identified herein,

NOW, THEREFORE, the Department and the Contractor do hereby agree as follows:

1 THE CONTRACTOR AGREES:

ll To provide the tools, equipment, and supplies necessary to properly and safely perform assigned
work, including, but not limited to, drinking water, sanitary facilities, and any special clothing
items appropriate to the work performed, such as facial coverings, safety glasses, gloves, goggles,
hats, protective outerwear or footwear, etc, Any personal protective equipment (PPE) shall be
provided by the Contractor at the beginning of each shift and prior to each use shall be inspected by
a supervisor for completeness and functionality,

12 To appoint a work crew leader who may provide both technical and job supervision as necessary.
Appointed supervisors shal! abide by and put into operational practice the Standard Work Provision
for Inmate Work Programs included as Attachment #1 of this Contract.

1.2.1 Technical supervision means the Contractor shall provide staff who know the types of
work tasks to be accomplished and the correct way to complete each task. Technical
supervisors teach assigned inmates how to complete their job assignments, and ensure the
proper deployment and use of any job-related PPE.

1.2.2. Job supervision means that the 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. If an inmate fails to remain at the work site, if an inmate
becomes ill at the work site and needs to be returned to the prison and if an inmate poses
security concerns, the liaison shall be contacted immediately.

13 To obtain the Department’s written approval for the Contractor’s technical supervisor prior to
initiation of this contract.

Page 2 of 25

SCOPE OF SERVICES ADCRR Contract No. 21-120-31

14

1.5

1.6

1.7

1.8

19

1.10

Ll

1.12

1.3.1 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.

1.3.2 If prior notice is not possible, the Department may withhold the inmate work crew from
further service until the necessary approval process is completed.

To provide, if applicable, pesticide protection and Hazardous Material Training (HAZMAT) for
inmates prior to initiating the work activities described in this Contract.

1.4.1. The Contractor shall comply with the Site Safety and Health Plan included as Attachment
#2 of this Contract.

1.4.2 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 the
Department 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 IID).

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.

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.

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 www.corrections.az.gov.

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.

To notify the Department twenty-four (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.

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.

To allocate sufficient time from job responsibilities to allow the 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.

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:

Page 3 of 25

SCOPE OF SERVICES ADCRR Contract No. 21-120-31

1.14

1.15

1.16

1.17

1.12.1 Security/safety concerns shall be rectified immediately by the Contractor in accordance
with direction received from the Department.

1.12.2 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 alterations being accomplished.

1.12.3. 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.

1.12.4 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.

To pay for inmate labor at the rate of fifty cents (S0¢) per hour, to include approved extra hours, if
applicable, as authorized by the Department.

To pay for Correctional Officer (CO) supervision of inmate work crews under this Contract,
including overtime approved by the Contractor, if applicable, and all employee related expenses.
Should additional crews be needed, the 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.

In addition to payment for inmate labor and CO overtime, 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.

To comply with the following procedures in recording inmate work hours and rendering all
payments due under this Contract:

1.16.1 The bi-weekly Inmate Payroll Summary and the corresponding Daily Time Sheet(s),
shall be completed by the Contractor and include the appropriate signature(s) of the
inmate(s), and the Contractor’s inmate work crew Supervisor as provided for in
Attachments #4, and #5.

1.16.1.1 The original Attachments #4 and #5 shall be sent to the address below within
three (3) work days following the end of the Contractor’s scheduled pay period.

Arizona State Prison Complex — Perryville
Attention: Business Administrator
P.O. Box 3000
Goodyear, Arizona 85395

On rare occasions, for technical reasons, the Inmate Payroll Summary may not be of
biweekly duration. When these occur, the inmate pay period will be adjusted accordingly.

Payments as invoiced shall be paid within thirty (30) calendar days of the invoice date. The check
or warrant shall be made payable to Arizona State Prison Complex — Perryville and sent to the
following address (electronic payment may be made if mutually agreed):
Arizona State Prison Complex — Perryville
Attention: Business Administrator
P.O, Box 3000
Goodyear, Arizona 85395

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SCOPE OF SERVICES ADCRR Contract No. 21-120-31

1.18 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.

1.19 Prior to pursuing any press or publicity regarding these services, the Contractor shall work with the
Department’s Communications Department. The Department retains final approval rights |
concerning any such efforts. |

1.20 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.

1.20.1 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.

1.20.2 No inmate shall operate any mobile equipment until the Contractor receives written
authorization from the Department in accordance with Attachment #3.

1.20.3 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.

1.20.4 Acquire and maintain applicable insurance in compliance with State requirements.

1.20.5 Designated off-road mobile equipment may be:

1.20.5.1 Riding lawnmowers and golf carts or similar type equipment

1.21 That any of the Contractor’s employees who have, or may have, contact with any inmate workers
or Department staff who have contact with the inmate workers, are required to provide proof of a
negative result from a test for infection of the COVID-19 coronavirus (SARS-CoV-2) within a
preceding time period as required by the Department (which may normally range from one (1)
week to one (1) month). Such test results must be confirmed at least two (2) days before the
Contractor’s employee is expected to have contact with inmate workers or Department staff who
have contact with the inmate workers. Contractor is responsible for the testing, testing costs, and
confirmation of test results to the Department.

1.21.1 The Contractor shall notify the Department within two (2) hours upon learning that any of
its employees associated with this work program has received a positive COVID-19 test
result, along with all relevant information.

1.21.2 This will be an ongoing requirement, requiring such employees to be tested on a frequency
determined by Department requirements as long as they continue to have, or may have,
contact with the inmate workers or Department staff who have contact with the inmate
workers, The validation of ongoing negative test results must be provided to the
Department’s Prison Operations and accepted by the Department in a time frame
acceptable to the Department,

1.21.3 For the purposes of these provisions, “contact” shall mean being within twelve (12) feet of
another person at any time, or having the potential to be within that distance of another
petson at any time. The Department shall exercise its sole discretion in resolving any
questions or disagreements about whether contact is occurring or may occur.

Page 5 of 25

SCOPE OF SERVICES ADCRR Contract No. 21-120-34

1.21.4 The Department will provide inmate workers with a face cover to assist with virus
protection. Any additional COVID-19 related PPE (such as plastic or rubber gloves, hand
sanitizer, etc,) shall be considered as part of the PPE referred to in Section 1.1, and shall be
provided by the Contractor as determined by the Department.

1.21.5 All test results shall be from a medical provider acceptable to Department.

1.21.6 All testing shall be a diagnostic molecular, or antigen, type of test for current infection (not
an antibody test). If an antigen test is used, it must be of the type using the BinaxNOW
COVID-19 Ag CARD authorized by the FDA, or any other antigen test type which may be
acceptable to Department.

1.21.7 Specific testing and other related requirements above are subject to change depending on
new guidance from the federal U.S. Centers for Disease Control and Prevention (CDC),
State of Arizona guidelines or directives, Department policy changes, and/or any other
dynamic aspects of the COVID-19 pandemic, Upon notification, the Contractor shall abide
by and carry out revised written direction from the Department. Whenever the Department
determines any guidelines or conditions impacting this Contract must be tightened or may
be relaxed, the Contractor will likewise be informed of any changes in writing (to include
via email).

1.21.7.1  Contractor’s employee(s) who have been fully vaccinated against the COVID-
19 coronavirus ate not subject to the requirements for testing and proof of
negative test result(s) stated in Sections 1.21 and 1.21.2 above; however, the
following provisions shall apply to Contractor’s employee(s) who have, or
may have, contact with inmate workers or ADCRR staff who have contact
with inmate workers:

1.21.7.1.1 Ifa fully vaccinated employee becomes symptomatic for possible
COVID-19 infection, or has known exposure to COVID-19, the
required testing and proof of negative test result(s) stated in
Sections 1.21 and 1.21.2 shall apply to such employee(s) until
lifted by ADCRR.

1.21.7.41.2 Contractor shall notify ADCRR within two (2) hours upon
learning that its fully vaccinated employee(s) has become
symptomatic for possible COVID-19 infection or has had known
exposure to COVID-19, along with other relevant information.

1.21.7.1.3 For the purposes of this relaxation of the requirements, “fully
vaccinated” shall mean that two (2) weeks or more have passed
since Contractor’s employee(s) completed the vaccine series
(either single- or double-dose, depending on the vaccine
manufacturer’s prescribed usage). Proof of “full vaccination” is
required upon ADCRR request, and Contractor employee’s
participation in the work program may be delayed until such
proof is provided.

1.21.8 While the above Sections 1,21 through 1.21.7 address specific concerns associated with the
COVID-19 coronavirus (SARS-CoV-2) pandemic, the same or similar provisions may be
applied, without a Contract amendment, in the event some other type of virus, bacteria, or
other public health hazard should bring about the need for similar efforts to help control or
limit the spread of illness or disease to the inmate population, Department staff, or the
public at large. The Contractor will be notified and informed in writing (to include via

Page 6 of 25

SCOPE OF SERVICES ADCRR Contract No. 21-120-31

email), should any such matters arise, and the Contractor will be likewise obligated to
abide by the Department’s direction.

2 THE DEPARTMENT AGREES:

24 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.

2.2 Inmates classified as sexual predators/offenders shall not be utilized for this public works

Contract.

2.3 That work assignments shall be performed at the Contractor’s business location(s) as shown on
Attachment #6.

24 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.

2.5 To provide sack lunches for inmates and furnish all clothing, except special protective clothing or
footwear.

2.6 To provide security supervision of inmate workers in accordance with Department written
instructions.

27 When mutually agreed to by the Department and the Contractor; to provide a Correctional Officer
(CO) who shal! remain on site to provide security supervision of the inmate workers each workday.
The assigned CO shall follow Department notification procedures if:

2.7.1 An inmate fails to remain at the work site.
2.7.2 Aninmate has an accident or becomes seriously ill at the work site.

2.8 To remove and replace as soon as possible any inmate who does not perform to the satisfaction of
the Contractor.

2.9 To approve/disapprove the Contractor’s technical supervisor(s) assigned to this work program in
accordance with Department written instructions.

2.10 To present training to the 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.

2.11 To keep the Contractor fully informed of Department written instructions and activities that have
bearing upon the Contractor fulfilling assigned obligations under this Contract.

2.12 To designate an institutional contact person who shall function as a liaison between the Institution,
the Department and the Contractor in developing and coordinating work schedules, assignments,
hours and transpottation. The Department shall ensure the Contractor is given the name and
telephone number/extension of the contact person,

2.13 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.

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SCOPE OF SERVICES ADCRR Contract No. 241-120-341

2.14

2.45

2.16

217

That prior to the initiation of this work program, the proposed work site shall be inspected relative
to security and safety concerns 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 1.12 shall be followed.

To invoice the Contractor for payments due no later than the fifth (5'"") business day of each month,
Invoices shall identify the following:

2.15.1 Inmate name and Department number
2.15.2 Hours worked

2.15.3 Rate of pay

2.15.4 Mileage Gif applicable)

2.15.5 Vehicle repair expense (if applicable)
2.15.6 Total amount invoiced

Invoices for CO supervision shall identify at a minimum the following:

2.16.1 CO name(s)

2.16.2 CO hours worked including overtime hours, if applicable
2.16.3 Rate of pay

2.16.4 Total amount invoiced

That invoices shall be sent to the Contractor at the following address:
Maricopa County Animal Care & Control
Attn: Accounting

2500 S. 27th Ave.
Phoenix, Arizona 85009

Page 8 of 25

SPECIAL TERMS AND CONDITIONS ADCRR Contract No. 21-120-31

SPECIAL TERMS AND CONDITIONS

3.1 Term of Contract This Contract shall begin when all signatures are affixed and executed by the
Department and shall continue for a period of five (5) years thereafter, unless terminated, canceled
or extended as otherwise provided herein.

3.2 This Contract may be extended by written mutual agreement for up to an additional five (5) year
period.

3.3 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.

3.4 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 Inmates working under this Contract are not employees of the Contractor and any compensation is
provided solely pursuant to A.R.S. § 31-254.

3.6 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.

3.7 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.

3.8 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.

3.9 Changes to the Contract shall be handled by formal amendment through Procurement Services.

3.10 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.

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SPECIAL TERMS AND CONDITIONS ADCRR Contract No. 21-120-31

3.10.1 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.

3.11 Applicable Law In accordance with A.R.S. § 41-2501, et seq., and A.A.C. R2-7-101, et seq.,
Contract shall be governed and interpreted by the laws of the State of Arizona and the Arizona
Procurement Code.

3.12 Non-Diserimination 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.

3.13 Each party to this Contract shall be responsible for any and all costs, including but not limited to,
attorney 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.

3.14 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 shalt
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.

3.15 Notices 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.

3.16 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.

3.17 Notice Warning Any petson 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 Statutes. Ail persons, including employee and visitors, entering upon these confines are
subject to routine searches of their persons, vehicles, property of packages.

Definition: ARS. § 13-2501:
ARS. § 13-2505:
Department Order 708

3.18 Unlawful Sexual Conduct

3.18.1 A person 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, Rehabilitation and Reentry (the Department), 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. For the purposes of this
subsection, "person" means a petson who:

Page 10 of 25

SPECIAL TERMS AND CONDITIONS ADCRR Contract No. 21-120-31

3.19

3.20

. Is employed by the Department of Juvenile Corrections.
Is employed by a private prison facility or a city or county jail.

. Contracts to provide services with the Department, 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 Department, the
Department of Juvenile Corrections, a private prison facility or a city or county
jail.

3.18.2 This section does not apply to a person who is employed by the Department, a private
prison facility or a city or county jail or who contracts to provide services with the
Department, 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 Department or was incarcerated
in a city or county jail.

3.18.3 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. Ail other unlawful sexual conduct is a class 5 felony.

3.18.4 Unlawful sexual conduct; correctional facilities; classification; definition
ARS. § 13-1419.

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.

Contraband
3.20.1 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:

« 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

¢ By knowingly making, obtaining, or possessing contraband while being confined in a
correctional facility.

Promoting prison contraband is a Class 5 felony.
Authority ARS. § 13-2501

ARS. § 13-2505
Department Order 708

Page Ii of 25

SPECIAL TERMS AND CONDITIONS ADCRR Contract No. 21-120-31

3.20 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.

3.21 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.

3.22 E-Verify Requirement In accordance with A.R.S. § 41-4401, the Contractor warrants compliance
with all Federal immigration laws and regulations relating to employees and warrants its
compliance with A.R.S, § 23-214, Subsection A.

3.23. INDEMNIFICATION. Each party (as “Indemnitor") agrees to indemnify, defend, and hold
harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney'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.

Page 12 of 25

STANDARD WORK PROVISION Attachment #1
INMATE WORK PROGRAMS ADCRR Contract No. 21-120-31

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 Contactor 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
not possible or feasible to obtain names, other identification such as automobile make, description and
license number shall be obtained when possible.

Page 13 of 25

STANDARD WORK PROVISION Attachment #1
INMATE WORK PROGRAMS ADCRR Contract No. 21-120-31

Any allegations of non-compliance with Department written instructions, or other Contractor misconduct,
shall be subject to investigation by the Department.

Page 14 of 25

STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADCRR Contract No. 21-120-31
HEALTH PLAN

Developed by: State of Arizona, Department of Administration
Risk Management Section

Provided by: Fire and Life Safety Administrator
Prison Operations Division

1 PROGRAM OBJECTIVES

1d

1.2

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.

1.1.1 Minimize Personal injuries;

1.1.2. Maximize Property Conservations;

1.1.3. Achieve Greater Efficiency; and

4.1.4 Reduce Direct and Indirect Costs.

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.

1.2.2 Properly select inmates/employees based upon their skill level for the necessary job tasks.

1.2.3 Provide for the protection of adjacent property and safety of the public.

1.2.4 Coordinate activities with others at the work location.

1.2.5 Establish and conduct an educational program to stimulate and maintain interest and participation
of all inmates and employees through:

1.2.5.1

1.2.5.2

1.2.5.3

1.2.5.4
1.2.5.5

2 RESPONSIBILITIES

21

Safety Meetings;

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

Safety training programs.

It is the purpose of the program to organize and direct activities, which will:

2.1.1 Avoid injuries.
2.1.2 Reduce construction interruption due to an accident.
2.1.3 Assure a safe and healthy place to work.

Page 15 of 25

STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADCRR Contract No. 21-120-31
HEALTH PLAN

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.

2.2.3. Periodically attend safety meetings.

2.2.4 Assure safety orientation meetings for employees/inmates are conducted and documented.

2.2.5 Provide warning signs, safety literature, reporting forms, and other educational and training
materials as deemed appropriate.

2.2.6 Maintain a written comprehensive Safety and Loss Prevention manual.
2.2.7 Give due consideration to all safety factors during pre-planning.
2.2.8 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,
2.2.15 Maintain good housekeeping conditions and fire protection equipment.

2.2.16 Maintain an effective equipment inspection and maintenance program.

2.2.17 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.

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.

Page 16 of 25

STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADCRR Contract No. 21-120-31
HEALTH PLAN

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

3.4 Laws and Regulations:

3.1.1 Responsible project management representatives shall comply with and enforce all local, state
and federal Jaws, 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
41 Emergency Procedures Guideline:

4.1.1 The Project Manager will set up emergency procedures for the following categories:

4.41 Fire

4412 Injuries

4.1.4.3 Injury to the general public

41.14 Property damage, patticularly to utilities; ie. gas, water, sewage, electrical,
telephone, or pedestrian and vehicle routes.

4115 Public demonstrations

4.1.1.6 Bomb threats

4.1.1.7 Other exposures at the construction site

4.1.2 In order that necessary emergency services are supplied promptly, the Project Manager shall:

41.2.1 Post in a conspicuous place, a list of emergency phone numbers, along with the
type of information to be transmitted for each emergency situation.

412.2 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

Page 17 of 25

STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADCRR Contract No. 21-120-31
HEALTH PLAN

shock that could cause loss of the breathing function, and medical response is longer than 3 to 4
minutes, the Project Manager must adhere to the OSHA tules 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.

42 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 ail 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:

A211 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.

A212 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 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.

4.2.13 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.

ALA 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.

4215 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

Page 18 of 25

STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADCRR Contract No. 21-120-31

HEALTH PLAN

4.3

4A

4.5

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 1-inch by 6-inch wood or equal. Posts shall 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 shail be placed at all openings.

42.19 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.

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.

43.11 This shall include scrap lumber and form fumber with protruding nails.

4.3.1.2 Combustible scrap and debris shall be removed at regular intervals. Containers
shal! be provided for the collection of scrap, trash and other debris.

Personal Protective Equipment:

441

The Project Manager shall be responsible for requiring the wearing of appropriate personal
protective equipment in all operations 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.

Flammable and Combustible Liquids:

4.5.1

Flammable and combustible liquids shall be stored and dispensed in compliance with regulations
and rules established by the governing regulatory bodies.

Page 19 of 25

STANDARD WORK PROVISION Attachment #2
SITE SAFETY AND ADGRR Contract No. 21-120-31
HEALTH PLAN

4.6

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.

Tools — Hand and Power:

4.6.1 Alf 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 worn to the point that slippage occurs.
4.6.5 Impact tool such as wedges and chisels shall be kept free of mushroomed heads.

4.6.6 Wooden handles of tool shall be kept free of splinters and cracks and shall be kept tight in the
tool.

4.6.7 All hand-held powered drills, fastener drivers, grinders with wheels greater than 2-inches in
diameter, disc sanders, belt sanders, reciprocating saws, saber saws and similar operating power
tools shall be equipped with a momentary contact off-on control and may have a lock-on control
provided that turn off can be accomplished with a single motion of the same finger or fingers that
turn it on,

4.6.8 All other hand-held powered tools such as circular saws, chain saws, and percussion tools with
positive accessory holding means, shall be equipped with a constant pressure switch that will shut

off power when the pressure is released.

46.9 The use of electrical cords for hoisting or lowering tools shall not be permitted.

Page 20 of 25