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Cca Contract With Tennessee 2002

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CONTRACT
BETWEEN THE STATE OF TENNESSEE
DEPARTMENT OF CORRECTION
AND
CORRECTIONS CORPORATION OF TENNESSEE, INC.
d/b/a CORRECTIONS CORPORATION OF AMERICA
This Contract, by and between the State of Tennessee, Department of Correction, hereinafter
referred to as the “State” and Corrections Corporation of Tennessee, Inc. d/b/a Corrections
Corporation of America, hereinafter referred to as the “Contractor,” is for the management and
operation of a prison, known as South Central Correctional Center, as further defined in the
"SCOPE OF SERVICES."
The Contractor is a for-profit corporation. The Contractor’s address is:
10 Burton Hills Blvd.
Nashville, Tennessee 37215
The Contractor’s place of incorporation or organization is Tennessee.
A. SCOPE OF SERVICES:
A.1.

DEFINITIONS

A.1.a. ACA - means the American Correctional Association.
A.1.b. ACA Standards - means the Standards for Adults Correctional Institutions
(Third Edition, January 1990, as the same may be modified, amended, or
supplemented now or in the future) published by ACA.
A.1.c. Commissioner - means the Commissioner of the Tennessee Department of
Correction.
A.1.d. Contract - means this Document, together with all written attachments,
appendices, exhibits, amendments and modifications and incorporating by
reference herein, (1) the Request for Proposals, including exhibits and
amendments; and (2) the proposal, including amendments and/or written
clarifications.
A.1.e. Contract Monitoring Unit - means the Tennessee Department of Correction unit
responsible for monitoring the quantity and quality of services required and the
reporting obligations of the Contractor, and for carrying out the liaison
responsibilities between the State and the Contractor.
A.1.f. Contract Liaison - means a person or persons assigned to the Contract
Monitoring Unit and appointed and paid by the state to monitor the
implementation of this Contract and/or to act as the Commissioner’s designee.
The Contract Liaison will also be the official liaison between the State and
Contractor on matters pertaining to the operation and management services
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of the facility and may perform other functions described in Department
policies, or otherwise provided by the Commissioner, in writing.
A.1.g. Contractor – means Corrections Corporation of Tennessee, Inc. d/b/a
Corrections Corporation of America.
A.1.h. Court Orders - means any orders, judgments or opinions issued by a court of
competent jurisdiction or any stipulations, agreements or plans entered into in
connection with litigation that are applicable to the operation, management or
maintenance of the Facility or relate to the care and custody of Inmates of
the Facility, whether currently existing or as may be rendered in the future.
A.1.i.

Department - means the Tennessee Department of Correction.

A.1.j. Document - means this document with attached appendices, excluding the
RFP and Proposal.
A.1.k. Effective Date of Contract - means the date the Contract is approved by the
appropriate State officials in accordance with applicable Tennessee State laws
and regulations.
A.1.l.

Facility - means the correctional institution in Wayne County, Tennessee,
including adjacent real property described in Section A.2, for the incarceration
of male felony offenders sentenced to the care, custody and control of the
Department, known as the South Central Correctional Center (SCCC).

A.1.m. Indigent Inmates - means Inmates who are deemed indigent as defined by
Department Policy 208.05, as said policy may be amended.
A.1.n. Inpatient Hospital Costs - means any expenses incurred as a result of an
Inmate’s admission to a medical care facility, and expenses incurred as a
result of out-patient treatment for emergency medical services.
A.1.o. Inmate - means any male felony offender sentenced to the Department and
assigned to the Facility by the Department.
A.1.p. Inmate Day - means each calendar day or part thereof that an Inmate is
located at the Facility, including the first, but not the last day of incarceration at
the Facility.
A.1.q. Local Area - means Wayne, Hardin, Lawrence, Giles, Lincoln, Marshall, Maury,
Lewis, Williamson, Hickman, Dickson, Humphreys, Perry, Houston, Benton,
Henry, Weakley, Carroll, Henderson, Decatur, Gibson, Crockett, Madison
Haywood, Chester, Fayette, Hardeman, and McNairy counties in Tennessee.
A.1.r. Per Diem Rate - means cost per Inmate, per Inmate Day.
A.1.s. Partial Default - means default of a portion of the services to be rendered by
the Contractor under this Contract due to Contractor's failure to perform.

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A.1.t. Partial Takeover. - means the State's discretionary assumption of a portion of
the services to be rendered by the Contractor under this Contract not resulting
from Contractor's failure to perform.
A.1.u. Policy Directive - means formal statement of the State’s correctional policy on
a given subject. All Policy Directives shall not conflict with administrative rules or
statutes or applicable American Correctional Association Standards.
A.1.v. Operating Procedure - means a statement of procedure implementing a policy
directive. One is not to be issued as a substitute for an administrative rule or
policy directive. Procedures identify who does what and when to implement a
policy or rule.
A.1.w. Post Orders - means a written, step-by-step description for an employee on
how to perform a specific job. A "post order" may be considered a job outline.
Post Orders are similar to an operating procedure and may even be a portion
of one.
A.1.x. Proposal - means the Contractor's Proposal of January 8, 2002.
A.1.y. RFP - means the Request for Proposals issued by the Department and
identified as RFP-329.44-003, together with the following amendments:
Amendment 1, Amendment 2, Amendment 3, and Amendment 4.
A.1.z. Service Commencement Date - means March 1, 2002.
A.1.aa. Standards - means the standards to which Contractor’s performance under
this Contract must conform pursuant to Section A.4.a of the Contract.
A.1.bb. State - means the State of Tennessee, including but not limited to the
Department.
A.1.cc. TOMIS - means the Tennessee Offender Management Information System, a
mainframe computer system that automates the management of information
about offenders under the supervision of the Tennessee Department of
Correction. TOMIS captures all offender related information at the point of
origin to provide accurate and timely information to those who use it.
A.1.dd. TRICOR - means the Tennessee Rehabilitation Initiative in Corrections.
A.2.

FACILITY AND PROPERTY

A.2.a. Lease and Possession of Facility.
A.2.a.1)

The State leases to the Contractor the real property described in
Appendix A together with all improvements thereon (the Facility),
subject to the State's right to the following:

A.2.a.1)(a)

to enter and inspect; and/or

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A.2.a.1)(b)

to construct additional buildings or expand the capacity of
existing buildings.

A.2.a.2)

Contractor shall provide for maintenance, repair, and replacement for
the Facility and shall keep said Facility in good repair, working order and
condition, subject to normal wear and tear. Contractor shall be
responsible for all expenses incurred in said maintenance, repair and
replacement, subject to Section A.2.i.

A.2.a.3)

The Contractor shall maintain the Facility in accordance with all
applicable fire, building, life safety, and handicapped accessibility codes.

A.2.a.4)

The Contractor shall comply with any seller’s or manufacturer's
recommendations regarding maintenance of the Facility which are
provided to the Contractor.

A.2.a.5)

The Contractor shall implement the system for vermin and pest
control, trash and garbage disposal, and hazardous waste
management described in the Proposal.

A.2.a.6)

Contractor agrees that the Facility will be used only for the purposes
described in this Contract and shall not allow or suffer any waste at the
Facility. Contractor shall not harvest any timber at the Facility or
extract any other resource at the Facility unless agreed to in writing by
the Commissioner.

A.2.b. No Warranty. The State leases the Facility to Contractor as is and with all
faults and make no express or implied warranties regarding the Facility,
including but not limited to warranties regarding fitness for a particular purpose
and hereby disclaims any and all express or implied warranties
A.2.c. State Property.
A.2.c.1)

The State shall furnish the Facility with the property, including telephone
and related wiring, listed in Appendix B on or before Service
Commencement Date.

A.2.c.2)

All property furnished by the State shall remain at the Facility unless its
location must be moved for maintenance, repair or replacement. Any
removal of said property shall only be made with the prior written
consent of the Liaison.

A.2.c.3)

The State shall be responsible for the installation of the property
described in subsection 1).

A.2.c.4)

Effective on the Service Commencement Date, the State hereby leases
to the Contractor said property described on Appendix B.

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A.2.c.5)

The State leases the property on Appendix B to Contractor as is and
with all faults and makes no express or implied warranties regarding said
property including but not limited to warranties regarding fitness for a
particular purpose and hereby disclaims any and all express or implied
warranties.

A.2.d. Additional Property.
A.2.d.1)

Contractor shall provide and install in the Facility any additional
equipment as well as all necessary perishables and other items
necessary for Contractor to comply with its obligations under this
Contract including but not limited to cleaning/housekeeping equipment
and supplies.

A.2.d.2)

Upon written agreement by the parties without a Contract amendment,
the parties may agree to revise the State equipment list on Appendix
B. Said agreement must be in writing signed by the Commissioner and
the Contractor.

A.2.e. Insurance. The Contractor shall obtain and keep in force insurance on all
property to be located at the Facility, whether said property is supplied by the
Contractor or State.
A.2.f. Ownership of property at termination.
A.2.f.1)

At the conclusion of the Contract, whether by expiration or termination,
all equipment, perishables, supplies and any other property, whether
real or personal, including but not limited to Inmate files, fiscal records
and any other records used at the Facility or purchased with state
funds shall become the property of the State, whether initially acquired
by the Contractor or the State.

A.2.f.2)

At the conclusion of the Contract, whether by expiration or termination,
the facility and property furnished by the State shall be returned to the
State in good order and in the condition received, reasonable use and
wear thereof excepted, provided that if any property provided by the
State is destroyed, lost or stolen and has not been replaced, the
Contractor shall be responsible to the State for the residual value of
said property at the time of loss and said value may be withheld from
any amounts owed Contractor.

A.2.f.3)

Contractor agrees that no security interest will attach to any property
used at the Facility whether purchased by State or Contractor. In the
event a security interest is created on any of said property, Contractor
agrees to immediately notify the Liaison in writing and cause said
security interest to be extinguished within thirty (30) days.

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A.2.g. Manuals . The State will provide Contractor with a copy of all equipment
manuals, a set of as-built drawings, and any warranties affecting the property
leased to Contractor under Section A.2.c and affecting the Facility.
A.2.h. Maintenance.
A.2.h.1)

The Contractor shall be responsible for the maintenance, repair, and
replacement of all property of any nature whatsoever located at the
Facility at Contractor's expense whether said property is furnished by
the State or the Contractor, subject to Section A.2.i.

A.2.h.2)

The Contractor shall implement the plan, including the preventive
maintenance program, contained in its Proposal to maintain the Facility
and all property contained therein.

A.2.h.3)

Contractor shall comply with TDOC Policy 108.01 as it may be
amended during the term of the Contract.

A.2.h.4)

The Contractor shall comply with any seller's or manufacturer's
recommendations provided the Contractor regarding maintenance of
any property leased to the Contractor under Section A.2.c.

A.2.i.

Exceptions to Contractor Maintenance. The only exceptions to the
Contractor's obligation to effect repairs or provide replacements to the facility
and property contained therein at its expense are as follows:

A.2.i.1)

where repairs or replacements are covered by a warranty made by a
third party to the State, provided, however;

A.2.i.1)(a)

if Contractor has caused or contributed to the invalidity of any
warranty or failed to comply with Section A.2.j, the Contractor
shall bear the full expense to effect any repair or replacement;
and

A.2.i.1)(b)

for purposes of this Section, the decision regarding whether and
to what extent the Contractor has invalidated a warranty,
whether the Contractor has failed to comply with Section A.2.j or
whether a defect is included in a warranty shall be within the sole
judgment of the State;

A.2.i.2)

replacement of entire systems including but not limited to the boiler
plant, heating, air conditioning, security electronics, communications and
utility services, and costs to replace major components thereof which
exceed $5,000; provided, however,

A.2.i.2)(a)

decisions regarding whether and to what extent the entire
system or a major component thereof should be replaced shall
be within the sole judgment of the State; and

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A.2.i.2)(b)

A.2.i.3)

A.2.j.

The Contractor shall be responsible for all costs if in the sole
judgment of the State the replacement is necessary due to any
of the following causes:
(i)

Contractor's negligence,

(ii)

Contractor's failure to adequately maintain the systems, or
portions thereof, or

(iii)

Contractor's failure to comply with the provisions of the
Contract; and

where repairs or replacements are necessary due to design error or
omission or improper construction of the Facility and not covered by a
warranty. The decision regarding whether and to what extent the
repair or replacement is due to design error or omission or improper
construction shall be within the sole judgment of the State.
Warranties.

A.2.j.1)

The State shall promptly provide Contractor a copy of any warranty
made by a third party to the State covering property provided by the
State or on the Facility; provided, however, the State is not obligated to
acquire or purchase any such Warranties.

A.2.j.2)

With respect to said warranties, Contractor agrees as follows:

A.2.j.2)(a) to maintain the Facility and property located thereon in
compliance with said warranties; and
A.2.j.2)(b) to promptly notify the Liaison in writing of any defects of
whatever nature which are covered by said warranty allowing the
State sufficient time under the warranty to notify the entity
providing said warranty.
A.2.k. Contractor Failure to Repair. If the State acquires notice of Contractor's failure
to comply with its obligations regarding maintenance, repair or replacement with
the Facility or property thereon, it may so notify the Contractor in writing but is
not obligated to do so. Failure of the State to notify Contractor shall not
relieve Contractor of its obligations hereunder. In the event the State is
required to provide written notice of said failure pursuant to Section E.4, the
Contractor shall promptly comply with its obligation within the time specified by
the State in the notice. If Contractor fails to effect said maintenance, repair or
replacement within the time specified in said notice, the State may, but is not
obligated, to do the following:
A.2.k.1)

the state may effect the maintenance, repair, or replacement and
withhold the expense of such maintenance, repair or replacement from
amounts due the Contractor; and/or
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A.2.k.2)
A.2.l.

avail itself of any or all of the remedies described in Section E.4.

Construction and Renovation.

A.2.l.1)

Contractor shall not modify, renovate, construct new buildings, add to
existing buildings, or modify any of the systems contained therein
including but not limited to the boiler plant, heating, air conditioning,
security electronics, communications and utility services without the
prior written approval of the State. Said approval shall include a review
of the proposed modification by the Select Oversight Committee on
Corrections and approval of the State Building Commission where
required by law, regulation or policy. All modification, construction, and
renovation requested by Contractor and approved by State shall be at
Contractor's expense, unless otherwise specified.

A.2.l.2)

The State reserves the right to construct additional buildings at the
Facility and/or to expand the capacity of existing buildings at the
Facility. In the event the State exercises this right, Contractor agrees:

A.2.l.2)(a)

To cooperate with the State to the fullest extent possible;

A.2.l.2)(b)

That this Contract shall remain in full force and effect; and

A.2.l.2)(c)

That Contractor shall accept an increase in the Inmate
population under the terms of this Contract with additional
compensation to the Contractor being described in Section C.9.

A.2.m. Utilities and Taxes. Contractor shall pay all taxes associated with this Contract
and utility costs of the Facility including but not limited to water, gas, sewage
and electric beginning on the Service Commencement Date. In the event ad
valorem taxes are assessed against property at the Facility not owned by the
Contractor, the Contractor may seek additional compensation pursuant to
Section C.11.
A.2.n. Telecommunications.
A.2.n.1)

Contractor will provide, at its expense, all necessary telecommunications
equipment except the telephone system. Such equipment must be
capable of interfacing with the state existing communications and
automated information systems and with any future department
systems. Contractor shall enter all required data on TOMIS.

A.2.n.2)

The Contractor may make additions to or rearrange features of the
telephone system as it deems necessary, subject to written approval
by the State. The Contractor must assure that the quality of
workmanship and added components are of equal or greater quality to
maintain system integrity.

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A.2.n.3)

All cost incurred in connection with the telephone operations, including
additions, labor, maintenance, repair, moves and changes, local and
long distance service, and training will be paid directly by the Contractor.

A.2.n.4)

The Inmate telephone system Contract will operate as in State's other
correctional facilities. All commissions will be paid to the State in
conformance with the terms of the Inmate telephone system Contract.

A.2.o. Destruction of Facility.

A.3.

A.2.o.1)

If destruction of the Facility is caused in whole or part due to the
Contractor's negligence or due to Contractor's failure to perform its
obligations under this Contract, then the State may seek
reimbursement from Contractor for any damages sustained by the
State.

A.2.o.2)

In the event the Facility is destroyed in part for any reason, then the
Contractor remains obligated to fulfill its obligations under this Contract
to the extent such is possible in the portion of the Facility that remains
operational. The Contractor recognizes that the inability to perform its
obligations due to the destruction may result in the State seeking a
compensation adjustment pursuant to Section C.11.

A.2.o.3)

In the event the Facility is destroyed such that the physical damage
prevents the housing and programming of the appropriate number of
Inmates as determined by the Commissioner in his sole judgment, then
the State may terminate this Contract without penalty either
immediately or within stages upon written notice to the Contractor.

CONTRACT MONITORING

A.3.a. Monitoring.
A.3.a.1)

The State has the right and authority under this Contract to monitor
Contractor's performance hereunder. Such monitoring shall include but
not be limited to observing and reporting on the day-to-day operational
performance of the Contractor regarding compliance with all terms and
conditions of this Contract. Such monitoring or failure to monitor shall
not relieve Contractor of its responsibility, obligation and liability under
this Contract.

A.3.a.2)

The State, through its Contract Management Unit, shall develop
reporting requirements for the Contractor that shall include but not be
limited to weekly, monthly, and/or quarterly reports on the following
subjects: Inmate jobs and education, incident reports, disciplinary
reports, Inmate grievances, staff turnover, staff training, employee
grievances, employee discipline, health care access, reclassifications,
transfers, furloughs, releases, media contacts, lawsuits, volunteers,
drug audits, cell searches, visitation, and maintenance. Also, an
9

emergency reporting process shall be established that shall address, at
a minimum, segregation of Inmates, use of force, and incidents which
involve substantial risk to property, life, or institutional security.
A.3.a.3)

Contractor agrees to cooperate with the State, including any
representatives of the State, in the Contract monitoring effort of the
State through such means as may be requested from time to time,
including, but not limited to the reporting of information as requested.
The state and Contractor agree that the information collecting and
monitoring processes described in this Section A.3.a, will be defined in
the policies and procedures of the Tennessee Department of
Correction.

A.3.b. Comparative Evaluation.
A.3.b.1)

The State has the right and authority under this Contract to compare
the Contractor’s performance with comparable State facilities. The
State has the right and authority under this Contract to collect
information to compare the cost and quality of services provided by the
Contractor with the cost and quality of similar services provided by the
State at its comparable facilities.

A.3.b.2)

In accordance with TCA 41-24-105, after the first two years of
operation, but before renewing the initial contract, the performance and
operating costs of the Contractor will be compared to the performance
and operating costs of the State using the Performance and Cost
Evaluation Form which is included as Appendix G to the Contract.

A.3.b.3)

The Contract may only be renewed if the Contractor is providing
essentially the same quality of services as the State at a cost of five
percent (5%) lower than the State as set out in the Contract, or if the
contractor is providing services superior in quality to those provided by
the State at essentially the same cost as set out in the contract.
“Essentially the same” means a difference of no greater than five
percent (5%), and “superior” means a difference greater than five
percent (5%).

A.3.b.4)

As set out in TCA 41-24-105, the Select Oversight Committee on
Corrections will compare the quality of services between the State and
the Contractor, and the Fiscal Review Committee will compare the costs
of operation. Each committee will prepare a report on its findings and
present that report to the parties responsible for determining whether
the Contract should be renewed.

A.3.b.5)

The Comptroller of the Treasury shall audit the performance of the
Department of Correction and the private Contractor to ensure that the
State is receiving the quality and level of services as described in the
Contract based upon the performance criteria, the monitoring process,

10

and any applicable sanctions that might be incurred. The Comptroller
shall report annually or as requested to the Select Oversight Committee
on Corrections.
A.3.b.6)

The Contractor agrees to cooperate with the State, including any
representatives of the State, in any comparison of services undertaken
by the State through such means as may be requested from time to
time, including but not limited to, the provision of information.

A.3.c. Liaison.
A.3.c.1)

The State shall provide Liaison(s) to be located at the Facility. The
Liaison(s) will be an employee(s) of the Department and will be paid by
the Department. The Contractor shall have no control over the
activities of the Liaison(s), supervisory or otherwise.

A.3.c.2)

The Liaison(s) shall be the representative of the State at the Facility to
monitor the Contractor's compliance with the Contract. The
Commissioner may also appoint the Liaison to act as his designee. The
Liaison may also have functions described in Department policies. The
Liaison may have other functions as provided by the Commissioner in
writing.

A.3.c.3)

Unless otherwise specified by the Commissioner, in writing, the Liaison
shall be the designated recipient of all information required of the
Contractor. The Contractor shall be notified of the identity of any
Contract Liaison, in writing, signed by the Commissioner.

A.3.c.4)

The individuals(s) acting as Liaison(s) may be changed during the term
of the Contract, at the discretion of the Commissioner.

A.3.c.5)

The State hereby expressly disclaims that the Liaison or any other
state employee or official has any authority, apparent or otherwise, to
bind the State under this Contract unless expressly stated herein;
provided, however, that the Commissioner shall have the same
authority granted any state employee under this Contract and the
Commissioner retains authority over the Inmates and Facility which
may not be delegated at law.

A.3.c.6)

In addition to the Liaison(s) employed by the Department, the State
may monitor the Contract through other representatives of State as it
deems appropriate. Such representative(s) shall have the same right
of access to information, the facility, Inmates, and Contractor’s
employees and agents as set out herein for Liaison(s).

A.3.d. Multiple Liaisons.
A.3.d.1)

In the event that the Commissioner designates more than one (1)
individual to act as Liaison, the State shall provide the Contractor with a
11

description of the Liaisons' levels of authority in writing executed by the
Commissioner.
A.3.d.2)

In the event the Contractor believes it is receiving conflicting instructions
from the Liaison(s) or that a Liaison is acting beyond his or her level of
authority under the Contract or as provided in subsection 1), the
Contractor shall notify the Commissioner in writing. The written
response of the Commissioner shall be final.

A.3.e. Office Space.
A.3.e.1)

Contractor shall provide adequate office space and local telephone
service for the Liaison(s) and the staff of the Liaison(s), which may
include a secretary, in close proximity to other administrative offices.

A.3.e.2)

Contractor shall also provide the Liaison and staff with access to all
major office equipment, at Contractor's expense.

A.3.e.3)

Contractor shall not provide the Liaison(s) or Liaison staff with gifts or
any form of compensation at any time.

A.3.f. Liaison Access.
A.3.f.1)

The Liaison(s), shall have immediate, complete, and unrestricted
access to all parts of the Facility at any and all times.

A.3.f.2)

The Liaison(s), shall have immediate, complete, and unrestricted
access to all documents in any way pertaining to the obligations of
Contractor under this Contract, including but not limited to Facility
records, Inmate files, personnel files, and financial records. In the
event that any such document is not located on the facility site, upon
request Contractor agrees to provide the Liaison with a copy of the
document within seventy-two (72) hours of the request.

A.3.f.3)

The Liaison(s), shall have immediate, complete, and unrestricted
access to all meetings and hearings which in any way pertain to the
obligations of Contractor under this Contract. Contractor agrees to
notify the Liaison of the time, place and agenda at least twenty-four
(24) hours in advance of any such meeting or hearing, unless it is not
reasonable to provide said notice in which case the Liaison shall be
notified simultaneously with the other participants; provided, however,
the Liaison may not have access to meetings between the Facility staff
and legal counsel retained by Contractor unless permitted by
Contractor, but Contractor shall provide the Liaison with written notice of
said meeting identifying the participants within five (5) days after said
meeting.

12

A.3.f.4)

The Liaison(s), shall have immediate, complete, and unrestricted
access to all Inmates and access at a reasonable time and place to all
employees of Contractor, including but not limited to the Warden.

A.3.g. Meetings with Liaison. Contractor agrees to hold regularly scheduled weekly
meetings with the Liaison to report on the operations of the Facility and to
respond to any questions raised by the Liaison. Said regular meetings shall be
in addition to interim meetings requested by the Liaison; provided, however,
the frequency of such meetings is subject to modification at the sole discretion
of the State. Contractor agrees that a representative of the Contractor having
supervisory responsibility and authority to address the issues raised shall be in
attendance at said meetings. An agenda shall be developed for said weekly
meetings and Meeting Minutes shall be recorded and filed with the Contract
Management Unit of the Department of Correction
A.3.h. Requests for Information.
A.3.h.1)

The Contractor shall provide the Liaison with written responses to any
information requested by the Liaison or Commissioner concerning any
aspect of Contractor's performance under the Contract within the
period prescribed in the State's request.

A.3.h.2)

The Contractor shall certify that said information is accurate and if
Contractor is unable to so certify then Contractor shall state the reason
therefor.

A.3.h.3)

Upon written request by the Liaison or Commissioner, the Contractor
shall compile information in the requested form and provide
documentation substantiating said information.

A.3.h.4)

Contractor shall not destroy any document related in any way to the
Contractor's performance under the Contract without the prior written
consent of the Liaison.

A.3.i.

Routine Documents. The Contractor shall provide the Liaison upon request
with a copy of, or opportunity to review, all routine documents generated by
the Contractor contemporaneously with the dissemination of the document.
The Liaison shall notify the Contractor in writing of the requested routine
documents.

A.3.j. State Inspection. The Commissioner or his/her designee(s) shall have the
same access as described in Section A.3.f, Liaison Access, which access shall
include but not be limited to persons designated by the Commissioner to
inspect the facility and/or audit Facility and/or Contractor's performance under
the Contract. Contractor is also obligated to provide appropriate access to
authorized inspection and regulatory agencies. The Contractor shall exercise
due diligence for the safety and welfare of the Liaison, any other State
employee, and any visitor at the Facility.

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A.3.k. Immediate Compliance.
A.3.k.1)

If the Commissioner determines that the Contractor is not operating in
compliance with a term or condition of this Contract which in the opinion
of the Commissioner may adversely affect the security of the Facility or
which may present a hazard to the safety or health of Inmates or
other individuals, the Contractor shall be notified in writing (or verbally if
it is believed an emergency situation exists). The notice shall direct the
Contractor to immediately correct the noncompliance.

A.3.k.2)

The Contractor shall immediately notify the Commissioner of the
proposed corrective action. If the Commissioner does not object to
the proposed corrective action, the Contractor shall immediately
implement said corrective action.

A.3.k.3)

If the Commissioner disagrees with the proposed corrective action or if
the Contractor fails to notify the Commissioner immediately of its
proposed corrective action, the Commissioner shall specify corrective
action which the Contractor shall immediately implement.

A.3.k.4)

Notwithstanding any provision contained herein to the contrary, in such
a circumstance, the Contractor shall immediately implement the
corrective action specified by the Department before any appeal is
taken.

A.3.k.5)

In the event the Contractor disagrees with the determination of
noncompliance or designated corrective action, a request for
reconsideration may be taken to the Commissioner. In no event shall
the corrective action be delayed pending appeal. Upon examination, if
the Commissioner determines in his sole discretion that a
noncompliance did not exist or that the corrective action required by
the Department was excessive, the Commissioner shall authorize
payment to the Contractor of the actual expense incurred in taking said
corrective action or excessive corrective action upon receipt of
appropriate documentation substantiating said expense from the
Contractor. All directions and actions by the Commissioner and actions
by the Contractor shall be recorded and reported in writing as soon as
practical and filed with the Contract Management Unit.

A.3.l.

Incident Reports. Contractor shall implement Department Policy 103.02
regarding the reporting of incidents.

A.3.m. Financial Statement. On or before April 1 of each year during the term of this
Contract, Contractor shall provide the Commissioner with a copy of its previous
fiscal year’s audited annual financial statements.
A.4.

OPERATION OF FACILITY

14

A.4.a. Obligations of Contractor. Contractor agrees to perform all acts and services
and comply with all duties and promises as described and in conformance with
the following:
A.4.a.1)

all applicable constitutional standards, federal, state and local laws, court
decisions, and Court Orders and consent agreements, whether
currently existing or as may be enacted or rendered in the future;

A.4.a.2)

all State and Departmental policies specified in Appendix C, as same
may be amended in writing by the Department during the term of this
Contract, or in the discretion of the Commissioner, policies approved by
the Department which may not be identical to State or Department
policies;

A.4.a.3)

such other policies as the Department may make applicable to the
Contractor in writing during the term of the Contract as same may be
amended during the term of this Contract;

A.4.a.4)

ACA standards;

A.4.a.5)

the terms of this Document;

A.4.a.6)

the terms of the RFP; and

A.4.a.7)

the terms of the Proposal.

The standards articulated in 1) through 7) shall hereinafter collectively be
referred to as "Standards."
A.4.b. Obligations of State. State agrees to perform its obligations as described in this
Document and the RFP. Notwithstanding any provision contained herein to the
contrary, the parties agree that the State incurs no obligations as may be
contained in the Proposal.
A.4.c. Conflicts.
A.4.c.1)

In the event of an irreconcilable conflict among the Standards, the
Contractor is required to follow the Standard as determined by the
Liaison.

A.4.c.2)

In the event of disagreement between the Contractor and the Liaison
regarding which item provides the Standard of service, the
Commissioner or his designee shall make the final decision.

A.4.c.3)

Approval by the State of any policy or procedure submitted by the
Contractor which may deviate from the Standards shall not relieve
Contractor of the obligation to follow the Standards.

15

A.4.c.4)

In the event of conflicts between the RFP and this Document
regarding the State's obligations, the State shall comply with this
Document.

A.4.d. Policy and Procedures Manual. The Contractor, on or before January 15,
2002, shall provide the State with a written Policy and Procedures Manual which
shall contain policies and procedures for all services to be rendered by
Contractor in accordance with the Standards. Said manual shall establish the
policies and procedures the Contractor shall follow in all areas covered by this
Contract, including the areas covered by the Department policies listed in
Appendix C. Said manual shall be subject to the written approval of the State
and said manual shall not be altered, amended, modified, revised or
supplemented without the prior written approval by the State. The Contractor
shall implement the provisions of said manual throughout the term of this
Contract.
A.4.e. Assignment and Transfer of Inmates.
A.4.e.1)

Inmates will be assigned to the Facility in accordance with Department
policies. Contractor may not refuse to accept any Inmate assigned to
the Facility, but if the Contractor believes that an Inmate has been
erroneously assigned to the Facility, it may request his transfer in
writing, through the Liaison citing the appropriate sections of
Department policy. Any decision by the Department on such request
shall be final.

A.4.e.2)

Contractor's requests for reassignment of Inmates from the Facility to
another institution for medical, psychiatric, disciplinary or administrative
reasons or for Inmate furloughs will be made in writing through the
Liaison and evaluated by the Department. Any decision by the
Department on such request shall be final.

A.4.e.3)

The State may transfer Inmates from the Facility with said decision to
transfer being within the State's sole discretion.

A.4.f. Safety and Emergency Procedures
A.4.f.1)

The Contractor, on or before January 15, 2002, shall develop and
submit (1) written riot and disturbance control contingency plans, and
(2) disaster preparedness plans to the State. Contractor shall
cooperate with State in preparing contingent Inmate relocation plans

A.4.f.2)

At a minimum, the Contractor shall implement the written guidelines for
the prevention of fire, safety inspections, maintenance of fire alarm
and smoke detection systems, fire evacuation drills, evacuation plans, a
procedure to report job-related injuries, and provisions for testing
equipment to maintain essential lighting, power and communications
contained in its Proposal. All such procedures will comply with National

16

Fire Protection Association life safety codes and Department Policies
112.04, 112.05, and 112.09.
A.4.f.3)

The Contractor shall develop and submit to the State plans for the
search and apprehension of any escaped Inmate, on or before
January 15, 2002. Said plans shall address the Contractor searching
for any escapee off the grounds of the Facility and coordination with
local and State authorities. Contractor shall implement said plans
regarding any search off the grounds of the Facility only if so requested
by the Commissioner.

A.4.f.4)

During the term of the Contract, the Contractor shall develop and
submit to the State in writing any other emergency and control plans as
may be requested in writing by the Department within the time period
set out in said request.

A.4.f.5)

All plans under this Section must be submitted to the State and
approved by the State in writing. Contractor agrees to make any
revisions, deletions or additions requested by the Commissioner or his
designee. Upon written approval by the State, Contractor shall begin
immediate implementation of the plans or in the case of contingency
plans, certify that Contractor has the ability and shall implement the
plan if the contingency occurs. Said plans may not be revised,
amended, altered, or supplemented without prior written consent of the
State.

A.4.f.6)

All plans must be in conformance with the Standards.

A.4.g. Medical and Mental Health Services.
A.4.g.1)

Contractor shall provide all physical health services, mental health
services and dental services as specified in this Section and in the
Standards utilizing Department health services medical records forms
and mental health service forms, as said forms may be revised or
supplemented during the term of this Contract.

A.4.g.2)

At a minimum, these services must meet the Standards.

A.4.g.3)

The Contractor shall ensure that all physical, mental, and dental health
care is provided by appropriately licensed and/or qualified health care
professionals

A.4.g.4)

The physical, mental, and dental health services delivery shall include
but not be limited to the following:

A.4.g.4)(a) 24 hour-a-day, 7 day-a-week emergency physical and mental
health care;
A.4.g.4)(b) 24 hour-a-day, 7 day-a-week on-site RN coverage;
17

A.4.g.4)(c) initial health screening;
A.4.g.4)(d) health appraisal examination;
A.4.g.4)(e) daily triaging of complaints;
A.4.g.4)(f) daily sick call per normal workday schedule;
A.4.g.4)(g) infirmary operation with at least supervision by an RN twenty-four
hours per day, seven days per week;
A.4.g.4)(h) use of the Department health and programmatic records;
A.4.g.4)(i)

special medical and/or mental health programs and services for,
but not limited to, Inmates with chronic needs or requiring
convalescent care;

A.4.g.4)(j) mental health, sex offender screening and aftercare, and
substance abuse services;
A.4.g.4)(k) Specialty physician care; (The State may, in its sole discretion,
allow the Contractor to use the health services at the Lois M.
Deberrry Special Needs Facility (DSNF), provided, however, that
the Contractor shall enter into an agreement for usage and
payment for said services with the State's health services
contractor.)
A.4.g.4)(l)

ancillary services - radiology, laboratory, etc.;

A.4.g.4)(m) dental services - routine;
A.4.g.4)(n) pharmaceutical services and supplies;
A.4.g.4)(o) optometry services (provided on site);
A.4.g.4)(p) health education;
A.4.g.4)(q) inpatient hospitalization services;
A.4.g.4)(r) outpatient hospitalization services.
A.4.g.5)

The Contractor shall be responsible for all medication costs except for
the conditions noted in Section A.4.g.5)(c) of this Contract.

A.4.g.5)(a) The Contractor shall submit to the State's director of mental
health a monthly pharmaceutical utilization report denoting, but
not limited to, the following: the prescriber, inmate number,
diagnosis, type of medication, and associated cost.

18

A.4.g.5)(b) The Contractor shall be responsible for securing the services of a
pharmaceutical company that provides a delivery system that
assures that medications are properly stored, packaged, and
administered and provides for accountability of controlled
substances.
A.4.g.5)(c) The Contractor shall document that the medication prescribed to
the patient has been explained. Drug-specific medication
information fact sheets shall be signed and dated by the patient
and placed in the health record. The fact sheets shall be
accessible to the patient.
A.4.g.5)(d) The Contractor's formulary shall encompass an acceptable range
of medications that includes both new and older generation
medications, as well as generic equivalents. The Contractor shall
have in place a non-formulary request process.
A.4.g.6)

The Contractor shall furnish eyeglasses, hearing aids, and dentures.

A.4.g.7)

In the event it is the opinion of the Contractor's Medical Director that
an Inmate's health or well-being would suffer or be damaged if a
needed prosthesis is denied the Inmate, then said prosthesis shall be
provided by the Contractor.

A.4.g.8)

The Contractor shall be responsible for security services for inpatient
care during the confinement period for which the Contractor is financially
responsible, other than at a Departmental facility. Contractor shall
provide security at an off-site medical facility after the Department
assumes responsibility, if requested to do so by the Department. In
such instances, the State shall reimburse the Contractor for the actual
cost of providing such security services.

A.4.g.9)

Mental Health. Provide a sixty-four (64) bed mental health housing unit
that provides two (2) distinct functions.

A.4.g.9)(a) The first operational responsibility shall be to accept those TDOC
patients who are in need of therapeutic services in a sheltered
environment. Services shall include, but not be limited to,
diagnostic evaluations or assessments (when deemed
necessary), psychopharmacological interventions, institutional job
integration (when applicable), individual and/or group counseling
to address psychological/ psychosocial deficits. Referral to this
programming component shall be made available to the entire
correctional system. The intent of this program component is
not to serve those TDOC patients who are in need of intensive
psychiatric intervention, such as those at the Lois M. DeBerry
Special Needs Facility.

19

All programming curriculum shall be annually approved in written
form by the institutional psychologist. The Contractor shall
develop and have in place program outcome measures that shall
be reviewed by the State's Director of Mental Health Services
and/or designee. The State reserves the right to modify the
curriculum and recommend reasonable program delivery change
if it is determined that participants are not benefiting.
Referring TDOC facility mental health treatment teams will
address the following admission criteria when processing a referral
to the mental health housing unit:
(i)

A comprehensive discharge/transfer summary from the
sending mental health treatment team will be signed and
forwarded to the receiving facility as part of the referral
process,

(ii)

The inmate/patient will possess a Global Assessment of
Functioning (GAF) Score between 31 and 60,

(iii)

The inmate/patient will possess a DSM IV disorder,

(iv)

The inmate/patient has the ability to participate in
structured activities when stabilized on medication,

(v)

The inmate/patient has the ability to function in group
activity with minimal supervision

(vi)

The inmate/patient has the ability to participate in some
unsupervised movement outside the unit, or

(vii)

The inmate/patient is considered by the institutional mental
health treatment team to be in need of a structured
treatment program.

A.4.g.9)(b) The second operational responsibility of this mental health
housing unit shall be to serve strictly as a sheltered housing
assignment for select TDOC Inmates. Placement on this unit
shall be determined by the referring mental health treatment
team. Inmates referred to this component of the program may
or may not be actively receiving psychiatric services, specifically
medications. Those patients receiving outpatient services upon
the time of referral will continue to receive such care in the same
manner upon placement in the unit until a review by the mental
health staff subsequently changes the need for them to remain
in this type of unit. Referring TDOC facility mental health
treatment teams will address the following admission criteria when
considering a sheltered housing assignment:

20

(i)

A transfer summary will be signed by the treatment team
and forwarded as part of the referral,

(ii)

The Inmate is of medium custody or less,

(iii)

The Inmate has a BETA score between 60 and 80,

(iv)

The Inmate has a reading level of 5th grade or less (per
WRAT III),

(v)

Reported history by the inmate of physical, sexual, and/or
emotional abuse,

(vi)

An inmate possessing a Class A disciplinary of a violent
nature within the last 18 months will not be eligible for
placement.

A.4.g.9)(c) Discharge criteria for either program component shall be as
follows:
(i)

Demonstrates ability to remain compliant with
medication(s), if applicable, and has met the program
expectations to the best of his ability;

(ii)

Ability to function in a general population environment as
determined by the treatment team;

(iii)

Meets criteria for admission into the DSNF; or

(iv)

Direct parole/discharge from TDOC custody.

A.4.g.9)(d) Inmates discharged pursuant to A.4.g.9)(c)(ii) shall be returned
to the referring facility, provided that the Inmate is determined
to be suitable for placement in the general population of the
referring facility (except when the transfer is to DSNF for an
increased level of care).
A.4.g.9)(e) The mental health coordinator shall have in place a waiting list for
both program components as a means of prioritizing and tracking
referrals.
A.4.g.9)(f) Referrals made for Inmates/patients requiring treatment shall
take priority over referrals for sheltered housing when considering
bed occupancy.
A.4.g.10) Sex Offender. A sex offender aftercare treatment program that
conforms to the department’s policies and procedures shall be provided
by Contractor. Screening of Inmates shall be provided for the purpose
of placement into the Department’s intensive treatment program.

21

A.4.g.11) Substance Abuse. Substance abuse programming that emphasizes
relapse prevention and provides for after-care or self-help treatment
services shall be provided by Contractor.
A.4.g.12) Notwithstanding any provision contained herein to the contrary, the
Contractor shall be responsible for the cost of providing all health,
medical, mental health, and dental services, including but not limited to
inpatient hospitalization, any surgery and specialty services,
medications, specialty clinics, medically related transportation and the
costs associated with the provision of services described in this section
unless specifically excluded or limited below under Exclusions And
Limitations.
A.4.g.13) Exclusions and Limitations.
A.4.g.13)(a) If the inmate is hospitalized at a non-Departmental facility, the
Contractor shall not be responsible for Inpatient-Hospital Costs
which exceed $4000.00 per Inmate per admission. The
Department will decide on the location of care and confinement
following this initial period and may, in consultation with the
Contractor’s representative, decide to utilize Departmental
facilities during the initial period of inpatient care. The Contractor
shall not have access to the Department’s facilities without the
Department’s approval. If an inmate is housed and treated at a
Departmental facility, the Department will assume financial
responsibility for expenses incurred within its facilities. Provided,
however, notwithstanding any provision contained herein to the
contrary, any Inmate medical expenses resulting from the
negligence or willful wrongdoing of the Contractor, its officers,
agents or employees, shall be fully paid for by the Contractor.
A.4.g.13)(b) The Contractor shall not be responsible for the cost of providing
anti-retroviral medications therapeutically indicated for the
treatment of Inmates with AIDS or HIV infection.
A.4.h. Food Service.
A.4.h.1)

Contractor will provide food service for the Inmates and volunteers in
accordance with the Standards, including but not limited to the provision
of special diets and three (3) meals for each Inmate served at regular
times during each twenty-four (24) hour period with no more than
fourteen (14) hours between the evening meal and breakfast.

A.4.h.2)

The Contractor shall not be required to follow the Department's master
menu, but the food service area must comply with State health
regulations and the Standards. At a minimum the amount of daily
calories must conform with the recommended dietary allowances
published by the National Academy of Sciences. Menus shall be

22

approved by a registered dietician. Menus and dietary allowances shall
be filed with the Contract Management Unit.
A.4.h.3)
A.4.i.

The Contractor is strongly encouraged to purchase food products from
Tennessee's Comprehensive Food Service Program production center.

Laundry, Inmate Clothing and Hygiene.

A.4.i.1)

Contractor will provide complete Inmate laundry services, Inmate
clothing and bed linen (including pillows, pillow cases, sheets, blankets),
and towels in accordance with the Standards.

A.4.i.2)

Contractor shall implement the procedures described in the Proposal to
ensure the issue of clean, usable bed linen, towels, shoes and clothing
to all Inmates.

A.4.i.3)

Contractor shall provide Indigent Inmates with soap, toothbrush,
toothpaste, comb, deodorant, and all other necessary hygiene supplies.

A.4.i.4)

Pursuant to Tennessee Code Annotated § 41-24-234(a) all Inmates
shall be clothed in a uniform manufactured by TRICOR.

A.4.j. Recreation.
A.4.j.1)

Consistent with the Standards, the Contractor shall provide facilities,
equipment and supplies for indoor and outdoor recreational and leisure
time programs for the Inmate population.

A.4.j.2)

Contractor shall provide for a comprehensive recreational program
supervised by a qualified person and shall set forth the number of
hours of outdoor recreation available to each Inmate. On or before
January 15, 2002, Contractor shall submit to the Department written
policy and procedure which shall provide the specifics of said program
and shall be subject to the prior written approval of the State.

A.4.k. Transportation.
A.4.k.1)

The Contractor will be responsible for the following Inmate
transportation:

A.4.k.1)(a) All transportation between the Facility and the State’s Turney
Center located in Only , Tennessee to connect with central
transportation system vehicles, to include transportation of
Inmates initially assigned to the Facility and other Inmates being
transferred to and from the Facility for various reasons.
A.4.k.1)(b) All transportation within the Local Area; and

23

A.4.k.1)(c) Transportation outside the Local Area, as necessary, when the
Department’s central transportation is unavailable or time
restricts inter-institutional transfer, including but not limited to
administrative transfers initiated by the Warden and approved by
the Commissioner’s designee, and missed or late notification of
court dates.
A.4.k.2)

The Contractor shall provide security in conformance with the
Standards while transporting Inmates.

A.4.k.3)

The Department will be responsible for all other Inmate transportation
via connection at Turney Center Industrial Prison for Departmentmandated moves of prisoner groups for assignment purposes.

A.4.l.

Inmate Commissary.

A.4.l.1)

Contractor will provide a commissary for Inmates which shall supply
only those non-consumable items approved by the Department in
writing and such consumable items as the Contractor approves.

A.4.l.2)

The Contractor may not have items in the Commissary that are
prohibited by Departmental policy.

A.4.l.3)

Commissary items shall be sold at a reasonable price subject to the
prior written approval by the Commissioner or his designee. All profits
derived from the Commissary operation shall be retained by Contractor.
Contractor shall utilize the statewide Inmate Trust Fund system for all
commissary transactions.

A.4.m. Mail. Contractor will provide pick up and delivery of Inmate mail in compliance
with the Standards. Contractor will furnish first class postage to Indigent
Inmates for the mailing of legal documents to courts or legal counsel and a
reasonable amount of postage for other purposes.
A.4.n. Religious Services. Contractor will designate adequate space within the Facility
for religious services and provide religious programs and/or religious services in
compliance with the Standards.
A.4.o. Inmate Grievance Procedure. Contractor will comply with Departmental policies
and procedures regarding the Inmate grievance process and the Department's
system for maintaining grievance-related records, as said policies and/or
system may be revised during the term of this Contract.
A.4.p. Security.
A.4.p.1)

Contractor shall provide security in accordance with the Standards at all
times in the Facility, and while Contractor is transporting Inmates and at
all other times unless relieved of said obligation by the Commissioner in
writing. All Contractor policies and procedures regarding security shall
24

be provided to the State on or before January 15, 2002. Said policies
and procedures shall be in accordance with the Standards and subject
to written approval by the State prior to implementation. Contractor
shall comply with said policies and procedures during the term of this
Contract. All Inmate program activities in accordance with the
Standards shall take place within the Facility. No Inmate shall leave the
Facility except under security escort unless provided for by Department
policy.
A.4.p.2)

At a minimum, the Contractor shall provide security, perimeter control,
facility control, control center function, post orders, security patrols,
security inspections, counting procedures, key control, procedure for
search and control of contraband, tool control, escape plan detection,
appropriate use of security equipment, use of restraints, use of
firearms and chemical agents, tactical unit procedure, inspections,
housing unit assignment plans and internal and external movement
control procedures and periodic shakedowns. Security procedures will
be in compliance with Departmental policy when applicable.

A.4.q. Visitation. Contractor shall designate physical space and provide appropriate
security and supervision for indoor and outdoor visitation in accordance with
applicable Standards, no less frequently than at comparable Department
facilities. Contractor shall furnish State with a written attorney visitation policy
no later than January 15, 2002.
A.4.r. Access to Courts. Contractor shall provide Inmates with constitutionally
required access to the courts as required by the Standards.
A.4.s. Inmate Discipline.
A.4.s.1)

The Contractor shall implement Department Inmate disciplinary rules
and procedures as they may be amended by the Department.

A.4.s.2)

All disciplinary processes and board activities must strictly adhere to
Department Policies 9502-01, 502.01.1, 9502.02, 502.04, and 502.05.

A.4.s.3)

Contractor agrees that no Inmate will be disciplined except in
accordance with this Section and the Standards.

A.4.s.4)

The Contractor shall use the present or any future system established
by the Department for recording disciplinary information.

A.4.t. Use of Force.
A.4.t.1)

The Contractor shall comply with Department Policy 9506.07, "Use of
Force/Security Devices;" Policy 9506.07.1, "Use of Chemical Agents;"
and 9506.07.1, "Use of Electronic Restraint Devices." Any internal
policies and procedures and revisions thereto shall be in accordance with
the Standards and subject to written approval by the State.
25

A.4.t.2)

Notwithstanding any provision contained herein to the contrary, no use
of force shall be allowed by Contractor except as in accordance with the
Standards.

A.4.t.3)

Contractor's employees shall be allowed to use force only

A.4.t.3)(a) While on the grounds of the Facility;
A.4.t.3)(b) While transporting Inmates;
A.4.t.3)(c) During periods of community hospitalization;
A.4.t.3)(d) During court proceedings;
A.4.t.3)(e) While pursuing escapees from the Facility if the Commissioner
requests said pursuit; and
A.4.t.3)(f)

A.4.t.4)

While supervising Inmates away from the Facility and then only
in accordance with the policies and procedures described in (a)
and (b) above.

Contractor's employees shall be authorized to use such non-deadly
force as the circumstances require only in the following situations:

A.4.t.4)(a) To prevent the commission of a felony or misdemeanor,
including escape;
A.4.t.4)(b) To defend themselves or others against physical assault;
A.4.t.4)(c) To prevent serious damage to property;
A.4.t.4)(d) To enforce institutional regulations and orders; and
A.4.t.4)(e) To prevent or quell a riot or disturbance.
A.4.t.5)

Contractor's employees shall be authorized and trained to use deadly
force in accordance with TDOC Policy 9506.08 and the Standards. The
Contractor's employees authorized to use firearms must at a minimum
meet the qualifications set forth in T.C.A. ?62-35-117. Deadly force
may be used only as a last resort and then may be used only to
prevent escape, to prevent the loss of life or serious bodily harm, or to
quell a rebellion, riot, or disturbance in which loss of life or serious injury
to an individual is imminent. Only those employees who are
appropriately trained and, if applicable, authorized by law shall be
authorized to carry and use firearms.

A.4.u. Sentence Reduction Credits.

26

A.4.u.1)

Contractor shall submit sentence credit reports to the Contract Liaison
monthly.

A.4.u.2)

The decision on award or forfeiture of sentence credits remains solely
with the Department.

A.4.v. Sentence Computation. Contractor shall provide the State with essential data
and information relating to sentence computation. All sentence computations,
including calculation of Inmate release and parole dates, shall be done by the
Department and copies furnished to Contractor and Inmates. All other record
keeping functions (e.g. posting of disciplinary reports, filing, updating Inmate
assignments, custody levels, etc.) are the responsibility of the Contractor.
A.4.w. Records and Reports.
A.4.w.1) Contractor shall provide for comprehensive operations and Inmate
record and reporting systems for the Facility in compliance with the
Standards and Department policy including the automated Inmate
records and reporting system operated by the Department which shall
include but not be limited to the following:
A.4.w.1)(a) Inmate institutional records on each Inmate including, but not
limited to, personal data, personal inventory receipts, disciplinary
action reports, incident reports, release information, classification
and counseling records, dental, psychiatric and medical records.
A.4.w.1)(b) documentation regarding complaints against Contractor’s staff,
the number and nature of violent or other disruptive incidents
among Inmates or against staff, the number and nature of
disciplinary actions against staff, the rate at which Inmates
complete programs successfully, the number of Inmates
productively active and the level of production;
A.4.w.1)(c) identification of all Inmates at the Facility and their actual
assigned physical location within the Facility;
A.4.w.1)(d) identification of Facility staff and other authorized persons who
have direct access to Inmate records; and
A.4.w.1)(e) provision of all reports requested by the State in writing for
monitoring or evaluation of the Contract or any court-ordered
compliance.
The system shall adhere to the Standards governing confidentiality.
A.4.w.2) The Contractor shall maintain a permanent log in addition to shift
reports that record routine and emergency situations. Each shift shall
maintain records of pertinent information regarding individual Inmates

27

and groups of Inmates. These records shall be compiled daily and
reviewed by appropriate supervisory staff.
A.4.w.3) All computer equipment and communication lines necessary to interface
with the Department’s Tennessee Offender Management Information
System (TOMIS) will be provided by the Department at no cost to the
Contractor.
A.4.w.4) Contractor will be required to incorporate into its operation all new
systems developed to report and track Inmate record information
designated by the Commissioner.
A.4.w.5) Upon request, all records, reports and documents will be made available
immediately to the Contract Liaison for review. At the conclusion of the
Contract, all records shall be turned over to the Department.
A.4.w.6) The Contractor shall prepare and submit to the Contract Liaison such
reports as are required by the State. Unless otherwise notified in
writing by the Contract Liaison, these reports include the following which
must be Submitted on a monthly basis:
A.4.w.6)(a) Unusual Occurrence Reports
A.4.w.6)(b) Incident Reports
A.4.w.6)(c) Disciplinary Reports
A.4.w.6)(d) Medical Summaries
A.4.w.6)(e) Program Activity Summaries
A.4.w.6)(f) Inmate Grievances
A.4.w.7) Contractor shall promptly notify the Contract Liaison whenever an
Inmate leaves the Facility on court order.
A.4.x. Escapes.
A.4.x.1)

The Contractor shall exercise its best efforts to prevent escapes from
the Facility. If the frequency of escapes or attempted escapes shall be
in excess of the frequency of escapes or attempted escapes from
comparable State facilities without good cause or shall exhibit a
disregard for the safety of the general public, the State may declare
the Contractor in Breach pursuant to Section E.4. Said determinations
shall be within the sole judgment of the Commissioner.

A.4.x.2)

In the event of an escape resulting in whole or part from Contractor's
failure to perform pursuant to the provisions of this Contract, the State
may seek damages in a court of competent jurisdiction.

28

A.4.y. Post Orders.
A.4.y.1)

Contractor shall develop and submit to the State, as soon as each is
available, but no later than January 15, 2002, Post Orders required by
this Contract in compliance with the Standards.

A.4.y.2)

Post Orders shall be by post and shift and shall include Post Orders for
all security positions.

A.4.z. Policy Audit. The Contractor shall be inspected or audited at least annually in
accordance with TDOC Policy 103.07 with respect to the implementation of at
least those policies and procedures listed in Appendix C. The Contractor may,
in addition and at its own expense, elect to have a policy audit conducted using
personnel independent from the Contractor. The implementation will be in
compliance with Tennessee Department of Correction Policies 103.07 and the
Contractor will respond as required. In the event an audit reveals a Breach, as
defined in Section E.4, by the Contractor, the State shall have available the
remedies set out in Section E.4.
A.4.aa. Inmate Work.
A.4.aa.1) The Contractor shall establish work programs in accordance with the
Standards.
A.4.aa.2) Inmate work is subject to the written approval of the Commissioner
pursuant to T.C.A. 41-24-110 or as the same may be modified or
amended in the future.
A.4.aa.3) Any minimum restricted or higher custody Inmate working outside the
secured perimeter must be under armed supervision.
A.4.aa.4) The Contractor will be allowed to use Inmate labor for Facility
operations and maintenance to the same extent Inmate labor is utilized
in other State facilities pursuant to State policy and not for the benefit
of the Contractor. The Contractor shall submit Inmate job descriptions
for the State's written approval via TOMIS before assigning jobs to
Inmates. Job assignments and re-assignments shall be made by the
Contractor only after the job description has been approved in writing
by the State. No Inmate shall ever be placed in a position of authority
or control over another.
A.4.aa.5) In emergency situations, the Department, in its sole discretion, may
require the Contractor to furnish Inmates and security for outside work
crews. Labor costs of security services associated therewith shall be
reimbursed at the Contractor's actual cost, plus expenses and cost of
operation.
A.4.aa.6) Inmates shall not perform services or produce goods for use outside
the Facility except upon written consent of the Commissioner.
29

A.4.aa.7) The Department shall provide Inmates with sentence reduction credit.
The Contractor shall be responsible for establishing and administering a
compensation program at its expense, which will include Inmate pay in
compliance with the Standards.
A.4.bb. TRICOR.
A.4.bb.1) TRICOR currently has in place at the Facility an industry program that
provides Inmate jobs. The Contractor and TRICOR may negotiate for
the continuation or expansion of the TRICOR industry program at the
Facility and/or other issues related to the industry program deemed
appropriate by both parties. In the event the Contractor chooses not
to use the Inmate jobs provided through TRICOR industry program,
the Contractor shall be responsible for all costs associated with the
transfer of the program to another facility, including but not limited to
costs of development of a relocation plan, physical relocation of
equipment and raw materials, installation of equipment at new site(s),
lost production, lost sales, relocation of staff, recruitment of staff,
retraining of work force, renovation of new site(s), and vendor contract
costs. Security for such industry program(s) shall be provided by the
Contractor. Industry supervision and management for TRICOR
programs shall be provided by TRICOR.
A.4.bb.2) The Contractor is strongly encouraged to purchase consumable items
used in the performance of this contract from TRICOR when costs and
quality of products are similar to products otherwise purchased by the
Contractor in performance of this contract.
A.4.cc. Vocational and Academic Education. Contractor shall furnish vocational and
academic education as set forth in the Standards, at its expense.
A.4.dd. Classification and Case Management.
A.4.dd.1) Contractor shall comply with Departmental policies regarding
classification and reclassification services.
A.4.dd.2) Contractor shall be required to maintain classification information which
conforms to the Department's system.
A.4.ee. Inmate Trust Fund. Contractor shall maintain an Inmate trust fund according
to Department policies and shall implement the plan contained in its Proposal
governing use of the Department's trust fund procedures.
A.4.ff. Sanitation and Hygiene. The Contractor shall provide for sanitation and
hygiene in accordance with the Standards.
A.4.gg. Computer Software. The State shall retain proprietary rights to all State
provided software utilized in connection with this Contract.

30

A.4.hh. Inmate Drug Testing. Contractor will conduct drug tests in accordance with
Department Policy 506.21. Contractor be will be responsible for all costs. All
positive drug screens shall be confirmed through a second methodology.
Selection of Inmates to be tested at random will be the responsibility of the
Department.
A.4.ii.

Resumption of Control.

A.4.ii.1)

Contractor shall review and comment on the Department’s plan for
resumption of control within 15 days following its receipt by the
Contractor. The plan will provide for the orderly transfer of control of
the Facility from the Contractor to the Department, both temporarily,
and under any conditions of termination. Contractor agrees to
implement said plan upon written notice from Commissioner.

A.4.ii.2)

Said plan will also provide for emergency assumption of control by the
Department of whole or part of the Facility under conditions of natural
disaster, in the event of riot or insurrection or other emergency
circumstances wherein the Commissioner deems it necessary for the
State to assume temporary or permanent control of the Facility. The
Commissioner shall determine whether and to what extent an
emergency circumstance exists in his sole discretion. Contractor shall
be responsible for any expense the State may incur in the event the
Department assumes emergency control of the Facility and the
Contractor's payment shall be reduced commensurate with the
reduction in services provided by Contractor during the emergency
period. The State may withhold these amounts from any other
amounts which may otherwise be due Contractor. The plan shall
address Contractor' s resumption of control after the circumstances
causing the emergency assumption has ended. The plan will provide
for the transfer of all records to the Department.

A.4.jj. Accreditation. The Contractor shall maintain, at its expense, ACA reaccreditation of the Facility.
A.4.kk. Inmate and Staff Identification. Contractor shall comply with the procedures in
the Standards for Inmate and staff identification including but not limited to,
uniforms, fingerprinting and photographing.
A.4.ll.

Inmate Personal Property Space. Contractor shall follow Department policy on
Inmate personal property.

A.4.mm.
Library. A general Inmate library will be provided and operated by
Contractor in accordance with the Standards.
A.4.nn. Volunteer Services. Contractor shall implement the plans provided for
volunteer service programs described in the Proposal in accordance with the
Standards. At a minimum, the Contractor shall provide for supervision and

31

monitoring of the program and security background checks for volunteer
applicants. Contractor shall establish and maintain a Local Volunteer Advisory
Board.
A.4.oo. Release Payments for Inmates. The Contractor shall follow Departmental
policy regarding transportation for discharged Inmates and discharge
payments to said Inmates. The Contractor shall make such payments at its
own expense without reimbursement from the State.
A.4.pp.

A.5.

Space for Board of Paroles/Institutional Parole Officer. Contractor shall
provide a hearing room for the Board of Paroles two (2) days per month or as
otherwise requested by the Board. The hearing room shall be large enough to
comfortably accommodate three (3) Board members and fifteen (15) visitors.
The Contractor shall provide local telephone service and furniture for the
hearing room. The Contractor shall also provide furnished office space five (5)
days each month, or as otherwise requested by the Board, for the institutional
parole officer.

STAFFING/EMPLOYEES
A.5.a. Independent Contractor. Contractor is associated with the State only for the
purposes and to the extent set forth in this Contract. With respect to the
performance of the management services set out herein, Contractor is and
shall be an independent Contractor. The Contractor’s agents and employees
shall not accrue leave, retirement, insurance, bonding, use of State vehicles or
any other benefit afforded to the employees of the State as a result of this
Contract. Contractor, its agents and employees shall not be considered
agents or employees of the State.
A.5.b. Executive Officer. The Facility and its programs shall be managed by a single
executive officer employed by the Contractor (sometimes referred to herein as
"Warden"). The executive officer shall be subject to the prior written approval
of the State.
A.5.c. Organization. The Facility shall be managed according to the organizational
chart submitted with the Proposal. Any modification or alteration to the
management plan shown on said chart shall require the prior written approval
of the State.
A.5.d. Personnel. Notwithstanding any provision contained herein to the contrary,
Contractor shall provide adequate staff to fulfill its obligations under this
Contract, which shall be at a minimum the number of staff set forth in the
Proposal. Security staff vacancies shall be filled within thirty (30) days and all
other vacancies shall be filled in forty-five (45) days; provided, however, that
during the period of any vacancy, the services associated with said position
shall be provided by Contractor unless the Commissioner has agreed in writing
to the contrary with a reduction in the per diem rate as defined in Section
C.11.

32

A.5.e. Staffing Pattern/Security Post Assignment.
A.5.e.1)

Contractor shall provide sufficient staff to ensure the appropriate
supervision of Inmates at all times and at a minimum shall abide by
and fulfill the staffing pattern submitted with its Proposal.

A.5.e.2)

At a minimum, Contractor shall abide by and fulfill the security post
assignment schedule in its Proposal which details by day and shift the
security positions and hours of work. Said security post assignment
schedule shall include designation of critical posts. The Contractor shall
submit Post Orders and a security post assignment roster for the prior
written approval of the State.

A.5.e.3)

Contractor shall develop and submit to the Liaison on or before the
twentieth (20th) of each month, its written monthly post assignment
schedule for the following month.

A.5.e.4)

If the State determines at any time that the staffing pattern and/or
security post assignment schedule is inadequate, the Contractor agrees
to place additional employees at the Facility and/or revise and
implement the revisions to its staffing pattern and security post
assignment. If Contractor is required to increase staff, it may request
an adjustment in the per diem pursuant to Section C.11.

A.5.e.5)

Any revisions to the staffing pattern and/or security post assignment
require the prior written approval of the State. Contractor shall submit
monthly staffing reports on or before the fifteenth (15th) of each
month describing for the preceding month whether and to what extent
Contractor has complied with the staffing pattern, security post
assignment, and monthly post assignment. Staffing patterns are
determined by security and program requirements and associated
workloads. If changed circumstances modify those requirements or
workloads the Contractor and/or the State will review those changed
circumstances and a formal review will determine any changes in
staffing requirements at the sole discretion of the State.

A.5.f. Job Descriptions.
A.5.f.1)

Contractor shall abide by the written job descriptions for each position in
the staffing pattern as provided in the Proposal, including but not limited
to job title, responsibility and required minimum experience and
education.

A.5.f.2)

Any revisions or modifications of the job descriptions require the prior
written approval of the State.

A.5.g. Personnel Records. A personnel record shall be maintained for each employee
at the Facility which at a minimum shall contain the following: application,
background investigation, dates of employment, training, performance
33

evaluations, and disciplinary actions. The Contractor shall obtain a signed
statement from each employee authorizing the State to have access to the
personnel record.
A.5.h. Staffing Reports. On or before the fifth (5th) day of each month, Contractor
shall submit a report to the Liaison providing the following information:
A.5.h.1)

the number of employees hired, indicating position, the date of
termination and the date the position was vacated;

A.5.h.2)

the number of employees whose employment had been terminated for
whatever reason whether voluntarily or involuntary, including reason for
termination and position;

A.5.h.3)

whether any position on the staffing pattern was vacant and for how
many days.

A.5.i.

Reduction in Staff.

A.5.i.1)

Contractor shall immediately notify the Liaison if any positions on the
staffing pattern are vacant.

A.5.i.2)

If a position described in subsection 1) remains vacant in excess of the
time allowed in A.5.d, then the State shall have the option of exercising
the remedies available in Section E.4.

A.5.j. Background Checks.
A.5.j.1)

Prior to employment with Contractor, applicants shall be subjected to a
thorough background investigation, including criminal, employment, and
medical histories. The background investigation for applicants for
correctional officer positions shall also include psychological history, and
such applicants shall be required to be certified by a qualified mental
health professional as being free from any disorder as described in the
current edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association that would, in the
professional judgement of the examiner, impair the subject's ability to
perform any essential function of the job or would cause the applicant
to pose a direct threat to safety. Criminal and employment histories
must go back a minimum of five (5) years. Said background
investigations shall be available to the State upon request.

A.5.j.2)

A Security Addendum required by Title 28, Code of Federal Regulations
Part 20, is appended hereto as Appendix F and incorporated by
reference herein.

A.5.k. Hiring Preference. Department employees who have been laid off shall also be
given a hiring preference in the staffing of the Facility according to T.C.A. ?4124-101, et seq., and shall comply with T.C.A. ?Sections 41-24-112 and 41-2434

113 in all respects, as those sections may be modified or amended in the
future.
A.5.l.

State Assistance.

A.5.l.1)

During the term of the Contract, Contractor shall send a representative
to participate in periodic meetings regarding Departmental activities and
shall send a representative to sessions in which relevant policy
modifications are being discussed or presented.

A.5.l.2)

Contractor shall receive written notice of the time, place and agenda of
the meetings or sessions described in subsection 1) at the same time
Department employees are provided notice.

A.5.l.3)

Said meetings or sessions shall be held within the State, and Contractor
shall bear any and all expense associated with its representative being
present.

A.5.l.4)

The Department shall supply Contractor with technical assistance,
consultation and informational support consistent with that provided
other comparable institutions in accordance with the Standards
provided, however, said support shall consist solely of advice and
consultation.

A.5.m. Training. Contractor shall provide training programs for all employees in
accordance with the Standards. All costs incurred for said orientation and
training programs shall be borne by Contractor. The Contractor's employees
shall receive at least the same number of hours of orientation, pre-service,
and in-service training as required by ACA Standards.
The Liaison shall be permitted to review training curricula and other trainingrelated records and to audit training classes at any time.
The Contractor shall comply with T.C.A. ?§ 4-6-143 including but not limited to
compensation for teachers.
A.5.n. Drug Free Work Force. Contractor shall at all times maintain a drug free work
force and shall implement the plan contained in its Proposal for maintenance of
a drug free work force and the employee assistance program described in its
Proposal.
B. CONTRACT TERM:
B.1.

Contract Term. This Contract shall be effective for the period commencing on
March 1, 2002, and ending on June 30, 2005. The State shall have no obligation for
services rendered by the Contractor which are not performed within the specified
period.

35

B.2.

Term Extension. The State reserves the right to extend this Contract for an
additional two-year period, provided that the State notifies the Contractor in writing
of its intention to do so on or before March 1, 2005. An extension of the term of
this Contract will be effected through an amendment to the Contract. If the
extension of the Contract necessitates additional funding beyond that which was
included in the original Contract, the increase in the State’s maximum liability will also
be effected through an amendment to the Contract and shall be based upon rates
provided for in the original contract.

C. PAYMENT TERMS AND CONDITIONS:
C.1.

Maximum Liability. In no event shall the maximum liability of the State under this
Contract exceed seventy-six million five hundred seventy-four thousand five
hundred nine dollars ($76,574,509.00). The Service Rates in Section C.3 shall
constitute the entire compensation due the Contractor for the Service and all of the
Contractor's obligations hereunder regardless of the difficulty, materials or equipment
required. The Service Rates include, but are not limited to, all applicable taxes, fees,
overheads, and all other direct and indirect costs incurred or to be incurred by the
Contractor.
The Contractor is not entitled to be paid the maximum liability for any period under
the Contract or any extensions of the Contract for work not requested by the State.
The maximum liability represents available funds for payment to the Contractor and
does not guarantee payment of any such funds to the Contractor under this
Contract unless the State requests work and the Contractor performs said work. In
which case, the Contractor shall be paid in accordance with the Service Rates
detailed in Section C.3 and Section A.4.aa.5. The State is under no obligation to
request work from the Contractor in any specific dollar amounts or to request any
work at all from the Contractor during any period of this Contract.

C.2.

Compensation Firm. The Service Rates and the Maximum Liability of the State
under this Contract are firm for the duration of the Contract and are not subject to
escalation for any reason unless amended.

C.3.

Payment Methodology. The Contractor shall be compensated based on the Service
Rates herein for units of service authorized by the State in a total amount not to
exceed the Contract Maximum Liability established in Section C.1. The Contractor’s
compensation shall be contingent upon the satisfactory completion of units of
service or project milestones defined in Section A. The Contractor shall be
compensated based upon the following Service Rates:

PERIOD

March 1, 2002 - June 30, 2002

MAXIMUM
ALLOWABLE
PER INMATE DAY
(PER DIEM)
$35.78

36

July 1, 2002 - June 30, 2003

$36.98

July 1, 2003 - June 30, 2004

$38.18

July 1, 2004 - June 30, 2005

$39.43

July 1, 2005 - June 30, 2006 *

$40.71

July 1, 2006 - June 30, 2007 *

$42.04

* - Contingent upon Contract extension by Amendment
The Per Diem payment will be made only for Inmates actually incarcerated at the
Facility, except Per Diem payment shall be made for any Inmate hospitalized at a
state departmental Facility during the period when the Contractor is responsible for
said hospitalization expense. No Per Diem shall be paid for any Inmate out on court
order.
The Contractor shall submit monthly invoices, in form and substance acceptable to
the State with all of the necessary supporting documentation, prior to any payment.
Such invoices shall be submitted for completed units of service or project milestones
for the amount stipulated.
C.4.

Travel Compensation. The Contractor shall not be compensated or reimbursed for
travel, meals, or lodging.

C.5.

Payment of Invoice. The payment of the invoice by the State shall not prejudice
the State's right to object to or question any invoice or matter in relation thereto.
Such payment by the State shall neither be construed as acceptance of any part of
the work or service provided nor as an approval of any of the amounts invoiced
therein.

C.6.

Invoice Reductions. The Contractor's invoice shall be subject to reduction for
amounts included in any invoice or payment theretofore made which are determined
by the State, on the basis of audits conducted in accordance with the terms of this
contract, not to constitute proper remuneration for compensable services.

C.7.

Deductions. The State reserves the right to deduct from amounts which are or shall
become due and payable to the Contractor under this or any contract between the
Contractor and the State of Tennessee any amounts which are or shall become due
and payable to the State of Tennessee by the Contractor.

C.8.

Automatic Deposits. The Contractor shall complete and sign an "Authorization
Agreement for Automatic Deposit (ACH Credits) Form." This form shall be provided
to the Contractor by the State. Once this form has been completed and submitted
to the State by the Contractor all payments to the Contractor, under this or any
other contract the Contractor has with the State of Tennessee shall be made by
Automated Clearing House (ACH). The Contractor shall not invoice the State for
services until the Contractor has completed this form and submitted it to the State.

37

C.9.

Expansion. In the event the State exercises its right to construct additional buildings
at the Facility and/or to expand the capacity of existing buildings at the Facility, the
parties will negotiate a Per Diem Rate for such additional Inmates, it being the intent
of the parties that the State will pay only the marginal costs for such additional
Inmates. In no event shall negotiated marginal costs for additional Inmates exceed
the rates in the Contractor's original proposal.

C.10. Billing Disputes. If the amount to be paid to Contractor is disputed by the State, the
State, on or before the date the invoice is payable, shall advise the Contractor of
the basis for the dispute and, in the manner provided above, pay the amount of
such invoice which is not in dispute.
C.11. Compensation Adjustment for Change of Services.
C.11.a.

The parties recognize that each has entered into this Contract based
upon the Standards in effect as of the Effective Date of the Contract.
Contractor agrees to be bound by any applicable Standard change and said
change shall not affect the validity of this Contract. If a change occurs in an
applicable Standard other than as provided in subsection b) herein, either party
may notify the other in writing if it is believed said change shall affect the
services delivered by the Contractor. The Commissioner shall make the final,
binding decision regarding whether a change has occurred in an applicable
Standard and whether said change affects the services rendered by the
Contractor. Any adjustment in compensation due the Contractor shall be
determined in accordance with subsection d).

C.11.b. If Contractor desires to make minor revisions to its Proposal which will not
affect its ability to comply with the other Standards, the Contractor shall notify
the Commissioner of said proposed revision in writing. Said minor revisions to
the Proposal may occur only upon the prior written consent of the
Commissioner. It shall be within the Commissioner's sole discretion whether or
not to agree to said minor revision and his decision shall be binding. Any
adjustment in compensation resulting from said minor revision shall be
determined in accordance with subsection d). This provision is an exception to
Sections E.36 and E.37.
C.11.c. In the event Contractor may receive payments or compensation of any nature
for services it is obligated to perform under this Contract from any source,
including but not limited to federal, state or local authority, or any third party,
other than the compensation described in this Contract, Contractor shall
receive prior written consent and direction from the State prior to receiving any
such additional compensation. The State may withhold a comparable amount
from any payments due the Contractor. In the event said additional
compensation is used to provide enhanced or innovative services at the Facility
as compared to the services provided by the Department at comparable
facilities, Contractor must still receive prior written consent from the State prior
to receiving said compensation before the Contractor may retain those funds.

38

The Commissioner shall decide whether the funds will be used to provide
enhanced or innovative services at the Facility.
C.11.d.

Within thirty (30) days of the notices required in subsections a) through
c) above, Contractor shall provide State with the proposed adjustment in
compensation and appropriate documentation in support thereof. The
Commissioner shall decide whether and to what extent an adjustment in Per
Diem Rate is appropriate. In the event the proposed adjustment decreases
the Per Diem Rate then the Commissioner may agree to reduce said Per Diem
Rate, provided, however, in the event the proposed adjustment increases the
Per Diem Rate then the Per Diem Rate may be increased only by amendment
to this Contract as described in Section E.36.

C.12. Failure to Agree on Billing Dispute or for Additional or Reduced Services.
C.12.a.

In the event Contractor disagrees with the State's failure to pay a
disputed amount under Section C.10, disagrees with the adjustment in
compensation determined by the Commissioner under Section C.11 or
disagrees with any other aspect or amount of payment made by the State
then the Contractor shall submit a claim and the grounds for said disagreement
in writing to the Commissioner within thirty (30) days of the date the State
either makes partial payment of the disputed bill or refuses disputed bill in its
entirety. Failure of the Contractor to submit said claim and grounds to the
Commissioner in writing within the time period described herein shall be an
absolute waiver of said claim. The State shall be afforded a sixty (60) day
period in which to review the claim and effect a cure or take reasonable steps
to effect a cure, if it deems a cure appropriate.

C.12.b.

In the event the Contractor timely provides the notice described in
subsection a), then Contractor may file a claim against the State before the
appropriate forum in Tennessee with jurisdiction to hear said claim. Failure by
the Contractor to file a claim before the appropriate forum in Tennessee with
jurisdiction to hear said claim within one (1) year of the notice described in
subsection a) shall operate as a waiver of said claim in its entirety. It is agreed
by the parties that this provision establishes a Contractual period of limitations
for any claim brought by the Contractor. Neither this Section nor any other
provision of this Contract creates or expands jurisdiction of any court or
commission over the State.

D. STANDARD TERMS AND CONDITIONS:
D.1.

Required Approvals . The State is not bound by this Contract until it is approved by
the appropriate State officials in accordance with applicable Tennessee State laws
and regulations.

D.2.

Conflicts of Interest. The Contractor warrants that no part of the total Contract
Amount shall be paid directly or indirectly to an employee or official of the State of
Tennessee as wages, compensation, or gifts in exchange for acting as an officer,

39

agent, employee, subcontractor, or consultant to the Contractor in connection with
any work contemplated or performed relative to this Contract.
D.3.

Nondiscrimination. The Contractor hereby agrees, warrants, and assures that no
person shall be excluded from participation in, be denied benefits of, or be otherwise
subjected to discrimination in the performance of this Contract or in the employment
practices of the Contractor on the grounds of disability, age, race, color, religion,
sex, national origin, or any other classification protected by Federal, Tennessee
State constitutional, or statutory law. The Contractor shall, upon request, show
proof of such nondiscrimination and shall post in conspicuous places, available to all
employees and applicants, notices of nondiscrimination.

D.4.

Records. The Contractor shall maintain documentation for all charges against the
State under this Contract. The books, records, and documents of the Contractor,
insofar as they relate to work performed or money received under this contract,
shall be maintained for a period of three (3) full years from the date of the final
payment and shall be subject to audit at any reasonable time and upon reasonable
notice by the State, the Comptroller of the Treasury, or their duly appointed
representatives. The financial statements shall be prepared in accordance with
generally accepted accounting principles.

D.5.

Monitoring. The Contractor’s activities conducted and records maintained pursuant
to this Contract shall be subject to monitoring and evaluation by the State, the
Comptroller of the Treasury, or their duly appointed representatives.

D.6.

Progress Reports. The Contractor shall submit brief, periodic, progress reports to
the State as requested.

D.7.

Strict Performance. Failure by any party to this Contract to insist in any one or
more cases upon the strict performance of any of the terms, covenants, conditions,
or provisions of this Contract shall not be construed as a waiver or relinquishment of
any such term, covenant, condition, or provision. No term or condition of this
Contract shall be held to be waived, modified, or deleted except by a written
amendment signed by the parties hereto.

D.8.

Independent Contractor. The parties hereto, in the performance of this Contract,
shall not act as employees, partners, joint venturers, or associates of one another.
It is expressly acknowledged by the parties hereto that such parties are independent
contracting entities and that nothing in this Contract shall be construed to create an
employer/employee relationship or to allow either to exercise control or direction over
the manner or method by which the other transacts its business affairs or provides
its usual services. The employees or agents of one party shall not be deemed or
construed to be the employees or agents of the other party for any purpose
whatsoever.
The Contractor, being an independent contractor and not an employee of the State,
agrees to carry adequate public liability and other appropriate forms of insurance,

40

including adequate public liability and other appropriate forms of insurance on the
Contractor’s employees, and to pay all applicable taxes incident to this Contract.
D.9.

State Liability. The State shall have no liability except as specifically provided in this
Contract.

D.10. Force Majeure. The obligations of the parties to this contract are subject to
prevention by causes beyond the parties’ control that could not be avoided by the
exercise of due care including, but not limited to, acts of God, riots, wars, strikes,
epidemics or any other similar cause.
D.11. State and Federal Compliance. The Contractor shall comply with all applicable State
and Federal laws and regulations in the performance of this Contract.
D.12. Governing Law. This Contract shall be governed by and construed in accordance
with the laws of the State of Tennessee. The Contractor agrees that it will be
subject to the exclusive jurisdiction of the courts of the State of Tennessee in
actions that may arise under this Contract. The Contractor acknowledges and
agrees that any rights or claims against the State of Tennessee or its employees
hereunder, and any remedies arising therefrom, shall be subject to and limited to
those rights and remedies, if any, available under Tennessee Code Annotated,
Sections 9-8-101 through 9-8-407.
D.13. Completeness. This Contract is complete and contains the entire understanding
between the parties relating to the subject matter contained herein, including all the
terms and conditions of the parties’ agreement. This Contract supersedes any and
all prior understandings, representations, negotiations, and agreements between the
parties relating hereto, whether written or oral.
D.14. Severability. If any terms and conditions of this Contract are held to be invalid or
unenforceable as a matter of law, the other terms and conditions hereof shall not be
affected thereby and shall remain in full force and effect. To this end, the terms
and conditions of this Contract are declared severable.
D.15. Headings. Section headings of this Contract are for reference purposes only and
shall not be construed as part of this Contract.
E.

SPECIAL TERMS AND CONDITIONS:
E.1.

Conflicting Terms and Conditions. Should any of these special terms and conditions
conflict with any other terms and conditions of this Contract, these special terms and
conditions shall control.

E.2.

Communications and Contacts. All instructions, notices, consents, demands, or
other communications required or contemplated by this Contract shall be in writing
and shall be made by facsimile transmission, by overnight courier service, or by first
class mail, postage prepaid, addressed to the respective party at the appropriate
facsimile number or address as set forth below or to such other party, facsimile
number, or address as may be hereafter specified by written notice.
41

The State:
Donal Campbell, Commissioner
Department of Correction
4th Floor, Rachel Jackson Bldg.
320 Sixth Avenue North
Nashville, Tennessee 37243-0465
Phone: 615-741-1000
Fax: 615-532-8281
The Contractor:
John D. Ferguson
President and Chief Executive Officer
Corrections Corporation of America
10 Burton Hills Blvd.
Nashville, Tennessee 37215
Phone: 615-263-3001
Fax: 615-263-3010
All instructions, notices, consents, demands, or other communications shall be
considered effectively given as of the day of delivery; as of the date specified for
overnight courier service delivery; as of three (3) business days after the date of
mailing; or on the day the facsimile transmission is received mechanically by the
telefax machine at the receiving location and receipt is verbally confirmed by the
sender if prior to 4:30 p.m. CST. Any communication by facsimile transmission shall
also be sent by United States mail on the same date of the facsimile transmission.
E.3.

Subject to Funds Availability. The Contract is subject to the appropriation and
availability of State and/or Federal funds. In the event that the funds are not
appropriated or are otherwise unavailable, the State reserves the right to terminate
the Contract upon written notice to the Contractor. Said termination shall not be
deemed a breach of Contract by the State. Upon receipt of the written notice, the
Contractor shall cease all work associated with the Contract. Should such an event
occur, the Contractor shall be entitled to compensation for all satisfactory and
authorized services completed as of the termination date. Upon such termination,
the Contractor shall have no right to recover from the State any actual, general,
special, incidental, consequential, or any other damages whatsoever of any
description or amount.

E.4.

Breach. A party shall be deemed to have breached the Contract if any of the
following occurs:
I) failure to perform in accordance with any term or provision of the Contract;
II) partial performance of any term or provision of the Contract;
III)
any act prohibited or restricted by the Contract, or
IV) violation of any warranty.
For purposes of this contract, items I through IV shall hereinafter be referred to as
a “Breach.”
42

E.4.a. Contractor Breach  In event of a Breach by Contractor, the state shall have
available the following remedies as described further herein:
E.4.a.1)

Actual Damages and any other remedy available at law or equity;

E.4.a.2)

Liquidated Damages the State may withhold as liquidated damages
the amounts designated on Appendix E of this contract from any
amounts owed Contractor.

E.4.a.2)(a) The State shall notify Contractor in writing of the Breach and the
amounts to be withheld as Liquidated Damages.
E.4.a.2)(b) The parties agree that due to the complicated nature of the
Contractor’s obligations under this Contract it would be difficult to
specifically designate a monetary amount for a Breach by
Contractor as said amounts are likely to be uncertain and not
easily proven. Contractor hereby represents and covenants it
has carefully reviewed the liquidated damages contained in
Appendix E and agree that said amounts represent a reasonable
relationship between the amount and what might reasonably be
expected in the event of Breach, and are a reasonable estimate
of the damages that would occur from a Breach.
E.4.a.2)(c) It is hereby agreed between the parties that the liquidated
damages represent solely the damages and injuries sustained by
the State in losing the benefit of the bargain with Contractor and
do not include: any injury or damage sustained by a third party
and Contractor agrees that the liquidated damage amount is in
addition to any amounts Contractor may owe the State pursuant
to the indemnity provision or other section of this Contract;
E.4.a.2)(d) The State may continue to withhold the liquidated damages or a
portion thereof until the Contractor cures the Breach, the State
exercises its option to declare a Partial Default, or the State
terminates the Contract.
E.4.a.2)(e) The State is not obligated to assess liquidated damages before
availing itself of any other remedy.
E.4.a.2)(f) The State may choose to discontinue liquidated damages and
avail itself of any other remedy available under this Contract or
at law or equity; provided, however, Contractor shall receive a
credit for said liquidated damages previously withheld except in
the event of a Partial Default.
E.4.a.3)

Partial Default

E.4.a.3)(a) In the event the State declares a Partial Default, the State shall
provide written notice to the Contractor of the following:
43

(i)

The date which Contractor shall terminate providing the
service associated with the Breach; and

(ii)

The date the State will begin to provide the service
associated with the Breach.

E.4.a.3)(b) The State may revise the time periods contained in the notice
written to the Contractor.
E.4.a.3)(c) In the event the State declares a Partial Default, the State may
withhold, together with any other damages associated with the
Breach, from the amounts due the Contractor the greater of:
(i)

amounts which would be paid the Contractor to provide
the defaulted service as provided in subsection (4); or

(ii)

the cost to the State of providing the defaulted service,
whether said service is provided by the State or a third
party.

E.4.a.3)(d) To determine the amount the Contractor is being paid for any
particular service, the Department shall be entitled to receive
within five (5) days any requested material from Contractor. The
State shall make the final and binding determination of said
amount.
E.4.a.3)(e) The State may assess liquidated damages against the
Contractor for any failure to perform which ultimately results in a
Partial Default with said liquidated damages to cease when said
Partial Default is effective.
E.4.a.3)(f) Upon Partial Default, the Contractor shall have no right to
recover from the State any actual, general, special, incidental,
consequential, or any other damages whatsoever of any
description or amount.
E.4.a.3)(g) Contractor agrees to cooperate fully with the State in the event a
Partial Default is taken.
E.4.a.4)

Termination of the Contract  In the event of a Breach by
Contractor, the State may terminate the Contract immediately or in
stages.

E.4.a.4)(a) The Contractor shall be notified of the termination in writing by
the State. Said notice shall hereinafter be referred to as
Termination Notice.
E.4.a.4)(b) The Termination Notice may specify either that the termination is
to be effective immediately, on a date certain in the future, or
44

that the Contractor shall cease operations under this Contract in
stages.
E.4.a.4)(c) Contractor agrees to cooperate with the State in the event of a
termination, Partial Default or Partial Takeover.
E.4.a.4)(d) In the event of a termination, the State may withhold any
amounts which may be due Contractor without waiver of any
other remedy or damages available to the State at law or at
equity.
E.4.a.4)(e) In the event of a termination, the Contractor shall be liable to the
State for any and all damages incurred by the State and any and
all expenses incurred by the State which exceed the amount the
State would have paid Contractor under this Contract.
E.4.b. State Breach  In the event of a Breach of contract by the State, the
Contractor shall notify the State in writing within thirty (30) days of any Breach
of contract by the State. Said notice shall contain a description of the Breach.

E.5.

E.4.b.1)

Failure by the Contractor to provide the written notice described in
section E.4.b. shall operate as an absolute waiver by the Contractor of
the State’s Breach.

E.4.b.2)

In no event shall any Breach on the part of the State excuse the
Contractor from full performance under this Contract.

E.4.b.3)

In the event of Breach by the State, the Contractor may avail itself of
any remedy at law in the forum with appropriate jurisdiction; provided,
however, failure by the Contractor to give the State written notice and
opportunity to cure as described in section E.4.b. operates as a waiver
of the State’s Breach.

E.4.b.4)

Failure by the Contractor to file a claim before the appropriate forum in
Tennessee with jurisdiction to hear such claim within one (1) year of
the notice described in section E.4.b. shall operate as a waiver of said
claim in its entirety. It is agreed by the parties this provision establishes
a contractual period of limitations for any claim brought by the
Contractor.

Partial Takeover. The State may, at its convenience and without cause, exercise a
partial takeover of any service which the Contractor is obligated to perform under
this Contract, including but not limited to any service which is the subject of a
subcontract between Contractor and a third party, although the Contractor is not in
Breach (hereinafter referred to as “Partial Takeover”). Said Partial Takeover shall
not be deemed a Breach of Contract by the State.

45

E.5.a. Contractor shall be given at least thirty (30) days prior written notice of said
Partial Takeover with said notice to specify the area(s) of service the State will
assume and the date of said assumption.
E.5.b. Any Partial Takeover by the State shall not alter in any way Contractor’s other
obligations under this Contract.
E.5.c. The State may withhold from amounts due the Contractor the amount the
Contractor would have been paid to deliver the service as determined by the
State. The amounts shall be withheld effective as of the date the State
assumes the service.
E.5.d. Upon Partial Takeover, the Contractor shall have no right to recover from the
State any actual, general, special, incidental, consequential, or any other
damages whatsoever of any description or amount.
E.6.

Performance Bond. Upon approval of the Contract by all appropriate State officials
in accordance with applicable State laws and regulations, the Contractor shall furnish
a performance bond in the amount equal to three million seven hundred thousand
dollars ($3,700,000.00), guaranteeing full and faithful performance of all
undertakings and obligations under this Contract for the initial Contract term and all
extensions thereof. The bond shall be in the manner and form prescribed by the
State and must be issued through a company licensed to issue such a bond in the
State of Tennessee.
The Contractor shall obtain the required performance bond in form and substance
acceptable to the State and provide it to the State no later than February 6, 2002.
Failure to provide the performance bond prior to the deadline as required shall result
in contract termination.
In lieu of a performance bond, an irrevocable letter of credit may be substituted as
a surety deposit. The substitution of a performance bond with a surety deposit, as
well as the form and substance of such a surety deposit, must be approved by the
State prior to its submittal and may be rejected by the State at its sole discretion.

E.7.

State Interest in Equipment—Uniform Commercial Code Security Agreement. The
Contractor shall take legal title to all equipment and to all motor vehicles, hereinafter
referred to as "equipment," purchased totally or in part with funds provided under
this Contract, subject to the State’s equitable interest therein, to the extent of its
pro rata share, based upon the State’s contribution to the purchase price.
“Equipment” shall be defined as an article of nonexpendable, tangible, personal
property having a useful life of more than one year and an acquisition cost which
equals or exceeds $5,000.00.
As authorized by the provisions of the terms of the Tennessee Uniform Commercial
Code— Secured Transaction, found at Title 47, Chapter 9 of the Tennessee Code
Annotated, and the provisions of the Tennessee Motor Vehicle Title and
Registration Law, found at Title 55, Chapter 1 of the Tennessee Code Annotated,

46

an intent of this Contract document and the parties hereto is to create and
acknowledge a security interest in favor of the State in the equipment or motor
vehicles acquired by the Contractor pursuant to the provisions of this Contract
document. A further intent of this Contract document is to acknowledge and
continue the security interest in favor of the State in the equipment or motor
vehicles acquired by the Contractor pursuant to the provisions of this program’s prior
year Contracts between the State and the Contractor.
The Contractor hereto grants the State a security interest in said equipment. This
agreement is intended to be a security agreement pursuant to the Uniform
Commercial Code for any of the equipment herein specified which, under applicable
law, may be subject to a security interest pursuant to the Uniform Commercial
Code, and the Contractor hereby grants the State a security interest in said
equipment. The Contractor agrees that the State may file this Contract or a
reproduction thereof, in any appropriate office, as a financing statement for any of
the equipment herein specified. Any reproduction of this or any other security
agreement or financing statement shall be sufficient as a financing statement. In
addition, the Contractor agrees to execute and deliver to the State, upon the State's
request, any financing statements , as well as extensions, renewals, and
amendments thereof, and reproduction of this Contract in such form as the State
may require to perfect a security interest with respect to said equipment. The
Contractor shall pay all costs of filing such financing statements and any extensions,
renewals, amendments and releases thereof, and shall pay all reasonable costs and
expenses of any record searches for financing statements the State may
reasonably require. Without the prior written consent of the State, the Contractor
shall not create or suffer to be created pursuant to the Uniform Commercial Code
any other security interest in said equipment, including replacements and additions
thereto. Upon the Contractor's breach of any covenant or agreement contained in
this Contract, including the covenants to pay when due all sums secured by this
Contract, the State shall have the remedies of a secured party under the Uniform
Commercial Code and, at the State's option, may also invoke the remedies herein
provided.
The Contractor agrees to be responsible for the accountability, maintenance,
management, and inventory of all property purchased totally or in part with funds
provided under this Contract. The Contractor shall maintain a perpetual inventory
system for all equipment purchased with funds provided under this Contract and
shall submit an inventory control report which must include, at a minimum, the
following:
a.
b.
c.
d.
e.
f.
g.

Description of the equipment;
Manufacturer’s serial number or other identification number, when applicable;
Consecutive inventory equipment tag identification;
Acquisition date, cost, and check number;
Percentage of state funds applied to the purchase;
Location within the Contractor’s operations where the equipment is used;
Condition of the property or disposition date if Contractor no longer has
possession;
47

h. Depreciation method, if applicable; and
i. Monthly depreciation amount, if applicable.
The Contractor shall tag equipment with an identification number which is cross
referenced to the equipment item on the inventory control report. The Contractor
shall inventory equipment annually. The Contractor must compare the results of
the inventory with the inventory control report and investigate any differences. The
Contractor must then adjust the inventory control report to reflect the results of the
physical inventory and subsequent investigation.
The Contractor shall notify the State, in writing, of any equipment loss describing
reason(s) for the loss. Should the equipment be destroyed, lost, or stolen, the
Contractor shall be responsible to the State for the pro rata amount of the residual
value at the time of loss based upon the State's original contribution to the purchase
price.
The Contractor shall submit its inventory control report of all equipment purchased
with the final invoice submitted under this Contract. This inventory control report
shall contain, at a minimum, the requirements specified above for inventory control.
Upon termination of the Contract, where a further contractual relationship is not
entered into, or at another time during the term of the Contract, the Contractor
shall request written approval from the State for any proposed disposition of
equipment purchased pursuant to this Contract. All equipment shall be disposed of
in such a manner as parties may agree from among alternatives approved by
Tennessee Department of General Services and in accordance with any applicable
federal laws or regulations.
E.8.

State Furnished Property. The Contractor shall be responsible for the correct use,
maintenance, and protection of all articles of nonexpendable, tangible, personal
property furnished by the State for the Contractor’s temporary use under this
Contract. Upon termination of this Contract, all property furnished shall be returned
to the State in good order and condition as when received, reasonable use and wear
thereof excepted. Should the property be destroyed, lost, or stolen, the Contractor
shall be responsible to the State for the residual value of the property at the time of
loss.

E.9.

Incorporation of Additional Documents. Included in this Contract by reference are
the following documents:
I)
II)
III)
IV)
V)

The Contract document and its attachments
All Clarifications and addenda made to the Contractor’s Proposal
The Request for Proposal and its associated amendments
Technical Specifications provided to the Contractor
The Contractor’s Proposal

In the event of a discrepancy or ambiguity regarding the Contractor’s duties,

48

responsibilities, and performance under this Contract, these documents shall govern
in order of precedence detailed above.
E.10. Confidentiality of Records. Strict standards of confidentiality of records shall be
maintained in accordance with the law and the Standards. All material and
information provided to the Contractor by the State or acquired by the Contractor
on behalf of the State whether verbal, written, magnetic tape, cards or otherwise
shall be regarded as confidential information in accordance with the provisions of
State law and ethical standards and shall not be disclosed, and all necessary steps
shall be taken by the Contractor to safeguard the confidentiality of such material or
information in conformance with State law and ethical standards.
The Contractor will be deemed to have satisfied its obligations under this section by
exercising the same level of care to preserve the confidentiality of the State’s
information as the Contractor exercises to protect its own confidential information so
long as such standard of care does not violate the applicable provisions of the first
paragraph of this section.
The Contractor’s obligations under this section do not apply to information in the
public domain; entering the public domain but not from a breach by the Contractor
of this Contract; previously possessed by the Contractor without written obligations
to the State to protect it; acquired by the Contractor without written restrictions
against disclosure from a third party which, to the Contractor’s knowledge, is free to
disclose the information; independently developed by the Contractor without the use
of the State’s information; or, disclosed by the State to others without restrictions
against disclosure.
It is expressly understood and agreed the obligations set forth in this section shall
survive the termination of this Contract.
E.11. Authorized Individuals . Each party hereto has provided the other party hereto with
a list identifying the individuals from whom the other party is authorized to accept
any notices, requests, demands, or other advice which may be given hereunder by
the party providing such list. Said lists, which are attached hereto as Appendix H,
shall be valid until revoked or amended by further written notice. The parties hereto
shall only be entitled to rely on notices, requests, demands, or other advice given by
such individuals.
E.12. Tennessee Consolidated Retirement System. The Contractor acknowledges and
understands that, subject to statutory exceptions contained in Tennessee Code
Annotated, Section 8-36-801, et. seq., the law governing the Tennessee
Consolidated Retirement System, provides that if a retired member returns to State
employment, the member's retirement allowance is suspended during the period of
the employment. Accordingly and notwithstanding any provision of this Contract to
the contrary, the Contractor agrees that if it is later determined that the true nature
of the working relationship between the Contractor and the State under this Contract
is that of “employee/employer” and not that of an independent contractor, the
Contractor may be required to repay to the Tennessee Consolidated Retirement
49

System the amount of retirement benefits the Contractor received from the
Retirement System during the period of this Contract.
E.13. General Indemnification.
E.13.a. The Contractor agrees to protect, indemnify, save and hold harmless the
State, all State departments, agencies, boards, and commissions, as well as
officers, agents, servants, and employees of the State, including volunteers,
from any and all claims, demands, expenses, and liability arising out of the
performance under the Contract of the Contractor, its agents, servants,
employees, subcontractors, and independent Contractors, and from any and
all costs, expenses, and attorneys' fees (including costs of work done by the
Attorney General or his designees incurred as a result of any claims, demand,
lawsuit or cause of action.)
A.1.b. The State shall give the Contractor written notice of such claim or suit, if the
State is notified first, and full right and opportunity to conduct the Contractor's
defense thereof; but the State does not hereby accord to the Contractor,
through its attorneys, any rights to represent the State of Tennessee and all
State Departments, agencies, boards and commissions, as well as officers,
agents, servants, and employees of the State, including volunteers in any legal
matter; such right being governed by T.C.A. ?8-6-106.
E.13.c. The State, its Departments, agencies, boards, and commissions, as well as its
officers, agents, servants, and employees of the State, including volunteers
shall, at the option of the Attorney General, be represented by the Attorney
General, his designee, or outside counsel selected by the State and the
Contractor shall be responsible for all fees, costs and expenses associated with
that representation.
E.13.d. This indemnification shall include, but not be limited to, the following:
E.13.d.1) Any Breach on the part of the Contractor in the performance of the
Contract;
E.13.d.2) Any claims or losses for services rendered by Contractor, by any
person or firm performing or supplying services, materials or supplies in
connection with the performance of the Contract;
E.13.d.3) Any claims or losses, to any person injured or property damaged from
the acts or omissions of the Contractor, its officers, agents, employees
in the performance of the Contract;
E.13.d.4) Any claims or losses by any person or firm injured or damaged by
Contractor, its officers, agents, or employees by the publication
translation, reproduction, delivery, performance, use, or disposition of
any data processed under the Contract in a manner not authorized by
the Contract, or by Federal, State, or local statutes and regulations;
and
50

E.13.d.5) Any failure of Contractor, its officers, agents or employees to observe
the laws of the United States and of the State of Tennessee, including
but not limited to labor laws and minimum wage laws;
E.13.d.6) Any claims or losses resulting from the escape of an Inmate; and
E.13.d.7) Any claims or losses to any person injured or property damaged from
the acts or omissions of any Inmate.
E.14. Indemnification Regarding Policies.
E.14.a. The indemnification of Section E.13, includes but is not limited to, any claims or
losses arising from the promulgation or implementation of the Contractor's
policies and procedures whether or not said policies and procedures have been
approved by the State.
E.14.b. The indemnification of Section E.13 includes, but is not limited to any claims of
the Contractor's wrongdoing in implementing the Departmental policies listed in
Appendix C.
E.14.c. With regard to any claim that the Departmental policies listed on Appendix C
are unlawful (i.e., the issue is that the policies and procedures are lawful on
their face), if the State is named as a party, the Attorney General, his
designee or an independent Contractor hired for that purpose will represent the
State. The Contractor will be responsible for its own defense. The State will
be liable for any judgment against it and the Contractor will be liable for any
judgment against it. However, this subsection shall not apply if the claim in
any way arises from Contractor's failure to appropriately implement policy.
E.14.d. The Contractor agrees to send copies of any and all documents which have
been filed in any lawsuit naming the Contractor and/or its employees in which
concern the operation of the Facility under this Contract to the State.
E.14.e. Contractor shall not waive, release, or otherwise forfeit any possible defense
the State may have regarding claims arising from or made in connection with
the operation of the Facility by Contractor without the consent of the State.
Contractor shall preserve all such available defenses and cooperate with the
State to make such defenses available to the maximum extent allowed by law.
E.15. General Provisions. Unless otherwise required by the State, all insurance provided by
the Contractor shall be in conformance with the General Specifications for Insurance
detailed in Appendix D. Upon written request by the State, Contractor shall revise or
supplement the insurance listed on Appendix D and may seek a compensation
adjustment pursuant to Section C.11.
E.16. Types of Insurance. The Contractor shall continuously maintain and pay for
insurance and insurance company services meeting the general and specific
provisions set forth in Appendix D during the term of this Contract, for the following
types of insurance:
51

E.16.a. Workman's Compensation
E.16.b. General Liability, excluding products and completed operations
E.16.c. Products and Completed Operations Liability
E.16.d. Business Automobile Liability
E.16.e. Owned and Non-owned Aircraft Liability
E.16.f. Umbrella/Excess Liability
E.16.g. Director's and Officer's Liability
E.16.h. Professional and Medical Liability covering nurses, attorneys, counselors,
psychologists, and social workers
E.16.i. Property/Boiler and Machinery
E.16.j. Employee Dishonesty
E.17. Fire and Property Insurance. The State shall maintain all risk property insurance on
the State's buildings which comprise the Facility. The Contractor shall obtain and
keep in force insurance on all property to be located at the Facility.
E.18. Defense/Immunity. Notwithstanding any provision contained herein to the contrary,
the State does not waive any immunity defenses which may exist by operation of
law, including, but not limited to, limitations on the amount of damages which may
be awarded or paid.
E.19. Financial Strength. The Contractor shall, prior to signing this Contract, file with the
State an audited financial statement showing a net stockholders equity, calculated
according to generally accepted accounting principles consistently applied, of not less
than five million dollars ($5,000,000). Thereafter, the Contractor shall file annually,
on or before April 1 of each year, a current financial statement and if the net
stockholders equity of the company shall ever be less than five million dollars
($5,000,000), the State may declare the Contractor in default unless the Contractor
provides alternative evidence of equivalent financial worth within thirty (30) days of
demand by the State.
E.20. Exception to General Indemnification. The indemnification provisions of this Section
shall not apply to injury, death or damage to property arising solely out of the
negligence or misconduct of the State, its officers, agents, servants or independent
Contractors (other than Contractor) who are directly responsible to the State.
E.21. Liquidated Damages.

52

E.21.a. In the event of a Breach by Contractor described in Appendix E, the State
may withhold as liquidated damages the amounts designated on Appendix E
from any amounts owed Contractor.
E.21.b. The State shall notify Contractor in writing of the Breach and the amounts to
be withheld as liquidated damages.
E.21.c. Liquidated damages shall be assessed in conformance with Section E.4.
E.21.d. The parties agree that due to the complicated nature of the Contractor's
obligations under this Contract it would be difficult to specifically designate a
monetary amount for a Breach by Contractor designated in Appendix E as said
amounts are likely to be uncertain and not easily proven. Contractor hereby
represents and covenants that it has carefully reviewed the liquidated damages
contained in Appendix E and agrees that said amounts are the liquidated
damages resulting from negotiation between the parties, represent a
reasonable relationship between the amount and what might reasonably be
expected in the event of Breach, and are a reasonable estimate of the
damages that would occur from a Breach.
E.21.e. It is hereby agreed between the parties that the liquidated damages represent
solely the damages and injuries sustained by the State in losing the benefit of
the bargain with Contractor and do not include:
E.21.e.1) any injury or damage sustained by a third party and Contractor agrees
that the liquidated damage amount is in addition to any amounts
Contractor may owe the State pursuant to the indemnity provision
contained in Section E.13 or otherwise; and
E.21.e.2) any damage sustained to the Facility or property located therein as a
result of Contractor's Breach.
E.21.f. The State may continue to withhold the liquidated damages or a portion
thereof until the Contractor cures the Breach, the State exercises its option to
declare a Partial Default, or the State terminates the Contract.
E.21.g. The State is not obligated to assess liquidated damages before availing itself of
any other remedy.
E.21.h. The State may choose to discontinue liquidated damages and avail itself of any
other remedy available under this Contract or at law or equity; provided,
however, Contractor shall receive a credit for said liquidated damages
previously withheld except in the event of a Partial Default.
E.22. Termination for Convenience.
E.22.a. Beginning one Year after the Service Commencement Date, the State may
terminate this Contract without cause for any reason. Said termination shall

53

not be deemed a breach of Contract by the State. The State shall give the
Contractor ninety (90) days written notice prior to termination of this Contract.
E.22.b. Contractor shall be entitled to receive compensation for satisfactory authorized
service completed as of the termination date, but in no event shall the State
be liable to the Contractor for compensation for the Contractor for
compensation for any service which has not been rendered.
E.22.c. Upon such termination, the Contractor shall have no right to any actual,
general, special, incidental, consequential, or any other damages whatsoever
of any description or amount, except that the State shall pay for all supplies
and equipment on order and not yet delivered to the Facility as of the date of
termination.
E.23. Notwithstanding any other provision of this Contract to the contrary, nothing
contained herein shall be interpreted to authorize, allow or imply authority of the
Contractor to do the following:
E.23.a. develop or implement procedures for calculating Inmate release and parole
eligibility dates;
E.23.b. develop and implement procedures for calculating and awarding sentence
credits;
E.23.c. approve Inmates for furlough and work release;
E.23.d. approve the type of work an Inmate may perform, and the wages or
sentence credits which may be given to Inmates engaged in such work; and
E.23.e. grant, deny or revoke sentence credits; place an Inmate under less restrictive
custody or more restrictive custody; or take any disciplinary actions; provided,
however, that this Section shall not prevent Contractor from making
recommendations to the State with respect to any of the above in
conformance with Departmental policy. The Commissioner shall determine
whether any action or proposed action violates the provisions of this Section.
E.24.

Contractor's Representations and Warranties.

E.24.a. Representations of Contractor. Contractor represents and warrants to and for
the benefit of State, with the intent that State will rely thereon for purposes of
entering into this Contract, as follows:
The Contractor's Proposal, incorporated herein by reference, contains no
material misrepresentations by the Contractor. This Contract contains no
factual changes from the Proposal submitted by the Contractor.
E.24.b. Organization and Qualification. Contractor has been duly incorporated and is
validly existing as a corporation in good standing under the laws of the State of
Tennessee with power and authority to own its properties and conduct its
54

business as presently conducted. Contractor is duly qualified to do business as
a foreign corporation in good standing in Tennessee and shall so remain during
the term of this Contract.
E.24.c. Authorization. This Contract has been duly authorized, executed, and
delivered by Contractor and, assuming due execution by the appropriate State
officials as indicated on the signature page of this Contract and delivery by
State, constitutes a legal, valid, and binding agreement enforceable against
Contractor in accordance with its terms.
E.24.d. No Violation of Contract, Articles of Incorporation or Bylaws. The
consummation of the transactions contemplated by this Contract and its
fulfillment of the terms hereof will not conflict with, or result in a breach of any
of the terms and provisions of, or constitute a default under any indenture,
mortgage, deed of trust, lease, loan agreement, license, security agreement,
Contract, governmental license or permit, or other agreement or instrument to
which Contractor is a party or by which its properties are bound, or any order,
rule, or regulation of any court or any regulatory body, administrative agency,
or their governmental body applicable to Contractor or any of its properties,
except any such conflict, breach, or default which would not materially and
adversely affect Contractor's ability to perform its obligations under this
Contract, and will not conflict with, or result in a breach of any of the terms
and provisions of, or constitute a default under, the Articles of Incorporation
(or other corresponding charter document) or Bylaws of Contractor.
E.24.e. No Defaults under Agreements. Contractor is not in default, nor is there any
event in existence which, with notice or the passage of time or both, would
constitute a default by Contractor, under any indenture, mortgage, deed of
trust, lease, loan agreement, license, security agreement, Contract,
governmental license or permit, or other agreement or instrument to which it is
a party or by which any of its properties are bound and which default would
materially and adversely affect Contractor's ability to perform its obligations
under this Contract.
E.24.f. Compliance with Laws. Contractor, its officers and directors purporting to act
on behalf of Contractor or such officers and directors have been conducting
business in compliance with all applicable laws, rules, and regulations of the
jurisdictions in which Contractor is conducting business including all safety laws
and laws with respect to worker's compensation, discrimination in hiring,
promotion or pay of employees. Contractor warrants that Contractor, and its
current and former officers and directors have:
E.24.f.1) no convictions regarding criminal activity;
E.24.f.2) no pending charges regarding criminal activity, or
E.24.f.3) to their knowledge, no investigations on-going by any state, local or
federal authorities regarding any possible criminal activity,

55

except as provided in writing.
E.24.g. No Litigation. There is not now pending or, to the knowledge of Contractor,
threatened, any action, suit, or proceeding to which Contractor is or may be a
party, before or by any court or governmental agency or body, which might
result in any material adverse change in Contractor's ability to perform its
obligations under this Contract, or any such action, suit, or proceeding related
to environmental or civil rights matters; and no labor disturbance by the
employees of Contractor exists or is imminent which might materially and
adversely affect Contractor's ability to perform its obligations under this
Contract.
E.24.h. Financial Statements. Contractor has delivered to State copies of financial
statements provided in its Proposal. Contractor represents such financial
statements fairly present the financial position of Contractor at the dates
shown and the results of the operations for the periods covered, and have
been prepared in conformity with generally accepted accounting principles
applied on a consistent basis, except as discussed in the notes to the financial
statements.
E.24.i. No Adverse Change. Since the date of Contractor's financial statements
described in Section E.24.h provided to State, there has not been any material
adverse change in Contractor's business or condition, nor has there been any
change in the assets or liabilities or financial condition of Contractor from that
reflected in such financial statements which is material to Contractor's ability to
perform its obligations under this Contract.
E.24.j. Disclosure. There is no material fact which materially and adversely affects or
in the future will (so far as Contractor can now reasonably foresee) materially
and adversely affect Contractor's ability to perform its obligations under this
Contract which has not been accurately set forth in this Contract or otherwise
accurately disclosed in writing to State by Contractor prior to the date hereof.
E.24.k. Opinion of Contractor's Counsel. Contractor shall furnish to State an opinion of
counsel in connection with this Contract dated as of the date of the Contract.
Such opinion shall address the Contractor's compliance with applicable law,
affirm its authority to enter into this Contract, indicate that the Contractor is
not currently in litigation or have notice of litigation that could cause the
Contractor not to perform the terms of this Contract, affirm the enforceability
of this Contract in accordance with its terms, and affirm that the financial
statements provided by the Contractor were prepared in accordance with
generally accepted accounting principles.
E.25. Audits. Contractor shall maintain documentation of all charges against the State
under this Contract. The books, records, and documents of the Contractor,
insofar as they relate to work performed or money received under the Contract,
shall be maintained for a period of three (3) full years from the date of the final
payment, and shall be subject to audit at any reasonable time and upon

56

reasonable notice, by the State or the Comptroller of the Treasury or their duly
appointed representatives. These records shall be maintained in accordance with
generally accepted accounting principles.
E.26. Binding Nature. This Contract shall not be binding until the State has received a
Payment and Performance Bond as required by the RFP and evidence of insurance
required by the RFP and it is approved as provided in Section D.1.
E.27. Invalidity and Severability.
E.27.a. In the event that any provision of this Contract shall be held to be unlawful,
invalid or unenforceable, all parties agree that all other terms and conditions of
the Contract shall remain in full force and effect except as specifically provided
in this section.
E.27.b. With the exception of the provisions contained in Section E.4, in the event any
or all provisions of this Contract are found to be unlawful, invalid or
unenforceable by a commission or court of competent jurisdiction, both parties
agree that neither shall be in Breach of Contract or liable in any manner to the
other for damages, costs, or expenses of any nature which the other might
sustain due to said finding; provided, however, in the event said finding
reduces the services rendered by Contractor, the State may reduce the Per
Diem Rate paid Contractor pursuant to Section C.11, and said finding shall not
constitute a Breach.
E.27.c. In the event a court of competent jurisdiction finds a provision(s) of this
Contract to be unenforceable the Commissioner may terminate this Contract
upon thirty (30) days notice without penalty or liability to the State.
E.28. Terminology and Definitions. All personal pronouns used in this Contract, whether
used in the masculine, feminine, or neuter gender, shall include all other genders;
the singular shall include the plural and the plural shall include the singular.
E.29. Change in Owners. Contractor shall notify the State in writing of any change of
ownership of the Contractor, through sale or merger, which occurs during the term
of the Contract. Contractor shall inform the State fully of the financial ability of the
new ownership to fully comply with the terms and conditions of the Contract. The
State reserves the right to terminate the Contract in the event of a change in
ownership without penalty to the State or to consider the failure to comply with the
notification or financial reporting provisions as a Breach by the Contractor.
E.30. Duration of Services. Contractor agrees that the services and programs set forth
in this Contract will be maintained for the duration of the Contract period.
E.31. Approval of Bond Counsel.
E.31.a. Because construction of the Facility was funded through the issuance of tax
exempt, general obligations debt, the use and management of the Facility by
the Contractor and any and all subcontractors in subject to and constrained by
57

the Federal Tax laws and regulations governing tax exempt financing.
Therefore, this Contract is subject to review by the State's bond counsel
before approval.
E.31.b. In addition, any use of the Facility by Contractor and all subcontractors,
including, but not limited to, the conduct of an industries program pursuant to
Section A.4.bb of the Contract, which results in any payment to the State,
either directly or indirectly, is subject to review by the State's bond counsel
before approval.
E.32. Release. Contractor, upon final payment of the amount due under this Contract,
releases the State, its officers and employees, from all liabilities, claims and
obligations whatsoever arising from or under this Contract. Contractor agrees not
to purport to bind the State to any obligation not expressly assumed herein by the
State.
E.33. Subcontracting and Assignment.
E.33.a. The Contractor shall provide that all subcontractors are notified in writing prior
to the execution of the subcontract that the Facility is being funded through
the issuance of tax exempt, general obligation debt and that the use and
management of the Facility by the Contractor and any and all subcontractors
is therefore subject to and constrained by the federal tax laws and regulations
governing tax exempted financing. The State may consult with its Bond
Counsel to determine whether any assignment or subcontract complies with
such laws and regulations.
E.33.b. The Contractor shall provide that all subcontracts may be assignable to the
State at the State's sole discretion. Any subcontract shall also provide that the
State shall not be responsible for any outstanding liability to the subcontractors
incurred by the Contractor and that the State may terminate such
subcontracts upon giving thirty days prior written notice with or without cause.
E.33.c. The Contractor shall not assign this Contract or enter into a subcontract for
any of the services performed under this Contract without obtaining the prior
written approval of the State. If such subcontracts are approved by the
State, they shall contain, at a minimum, sections of this Contract pertaining to
"Conflicts of Interest" and "Nondiscrimination" (sections D.2. and D.3.).
Notwithstanding any use of approved subcontractors, the Contractor shall be
the prime contractor and shall be responsible for all work performed.
E.34. Research Projects. Contractor shall not publish or disseminate any findings based
on data obtained from the operation of the Contract or engage in any research
projects without the prior written consent of the Department.
E.35. Sovereign Immunity. The sovereign immunity of the State shall not apply to the
Contractor nor any subcontractor, agent, employee, or insurer of the Contractor.

58

Neither the Contractor nor any subcontractor, agent, employee, or insurer of the
Contractor may plead the defense of sovereign immunity in any action arising out
of the performance of or failure to perform any responsibility or duty under this
Contract.
E.36. Amendments. The terms and provisions of this Contract may be waived, altered,
modified, amended, supplemented or revised only by written amendment which
has been executed and approved by the appropriate parties as indicated on the
signature page of the Contract. Neither the Liaison(s) or any other employee or
official of the State is authorized to modify, amend or waive the terms and
provisions of this Contract except as provided in this Section.
E.37. Waiver. No consent, waiver or excuse of any Breach of any of the terms or
conditions of this Contract shall be held to be a consent, waiver, or excuse of any
other or subsequent Breach; nor shall any such waiver or excuse be valid or binding
unless the same shall be in writing and approved and executed by the party alleged
to have granted the waiver as indicated on the signature page of the Contract.
E.38. Third Party Beneficiary. Neither the Contractor nor the State intends to create
rights for any third party by the Contract and no third party beneficiary rights are
created hereby. Third parties shall mean all persons except the State and the
Contractor, including but not limited to employees of Contractor, subcontractors of
Contractor and Inmates located at the Facility.
E.39. Laws. The Contractor shall comply with all applicable federal, state, and local
constitutions, laws, and regulations, court decisions, Court Orders, and any
applicable state and federal orders in the performance of the Contract including but
not limited to the provisions of T.C.A. ?41-24-101, et seq., which may be in effect
during the term of this Contract.
E.40. Attorney Fees. The Contractor agrees that in the event either party deems it
necessary to take legal action to enforce any provision of the Contract and in the
event the State prevails, the Contractor shall pay all expenses of such action,
including but not limited to the State's attorney fees and costs of all stages of the
litigation.
E.41. Approvals . Any policies, procedures or other documents contained or referenced in
this Contract subject to the State's approval under the terms this Contract shall
remain subject to State prior written approval whenever they are revised,
amended, replaced or supplemented.
E.42. Fraud/Misrepresentation. If, in the course of any stage under the RFP, Proposal
evaluation, Contract negotiation, Contract execution or term of the Contract, the
Contractor commits fraud, misrepresentation or conspiracy to defraud the State,
the State shall have the right to pursue any remedies described in Section E.4
and/or pursue any criminal sanctions allowed by law.

59

E.43. Financial Termination. The State may terminate the Contract without penalty to
the State in the event the Contractor:
E.43.a. admits in writing its inability to pay its debts;
E.43.b. makes a general assignment for the benefit of creditors;
E.43.c. suffers a decree or order appointing a receiver or trustee for it or substantially
all of its property to be entered and, if entered without its consent, not to be
stayed or discharged within 60 days;
E.43.d. suffers proceedings under any law relating to bankruptcy, insolvency, or the
reorganization or relief of debtors to be instituted by or against it and, if
contested by Contractor, not to be dismissed or stayed within 60 days; or
E.43.e. suffers any judgment, unit of attachment or execution, or any similar process
to be issued or levied against a substantial part of its property which is not
released, stayed, bonded, or vacated within 60 days after issue or levy.
E.44. Set-Off. The State reserves the right to deduct from amounts which are or shall
become due and payable to the Contractor under this or any Contract between the
parties any amounts which are or shall become due and payable to the State by
the Contractor. The State may withhold any amounts which may otherwise be due
the Contractor without waiver of any other remedy or damages available to the
State under this Contract at law or at equity.
E.45. Construction. In the event of a dispute about the construction or interpretation of
any provision of the Proposal, said Proposal shall be construed in favor of the State.
The parties agree that should a dispute arise involving the construction or
interpretation of the RFP or this Document, said documents shall not be construed
or interpreted in favor of either party.
E.46. Written Notices. The necessity of written notices herein shall be strictly construed.
E.47. Implied Covenants or Agreements. The State shall be bound only by the express,
written terms contained herein and shall not be bound by any implied covenants or
agreements.
E.48. Approvals . Contractor agrees to accept and implement any revisions, alterations or
supplements suggested by the State to any document, plan, policy or procedure
which requires State approval.
E.49. Notices. Failure of the State to provide any notice to Contractor described in this
Contract whether or not the State had knowledge of the appropriateness of said
notice shall not relieve the Contractor of its obligation to perform in accordance with
the Contract and shall not be a waiver or excuse of any failure to perform.
E.50. No Contingent Fees. No person or entity shall be employed or retained or given
anything of monetary value on a contingent fee basis to solicit or secure this
60

Construction. In the event of a dispute about the construction or interpretation of
any provision of the Proposal, said Proposal shall be construed in favor of the State.
The parties agree that should a dispute arise involving the construction or
interpretation of the RFP or this Document, said documents shall not be construed
or interpreted in favor of either party.

EA6.

Written Notices. The necessity of written notices herein shall be strictly construed
Implied Covenants or Agreements. The State shall be bound only by the express,
written terms contained herein and shall not be bound by any implied covenants or
agreements.
Approvals. Contractor agrees to accept and implement any revisions, alterations or
supplements suggested by the State to any document, plan, policy or procedure
which requires State approval.

EA9.

Notices. Failure of the State to provide any notice to Contractor described in this
Contract whether or not the State had knowledge of the appropriateness of said
notice shall not relieve the Contractor of its obligation to perform in accordance
with the Contract and shall not be a waiver or excuse of any failure to perform.
No Contingent Fees. No person or entity shall be employed or retained or given
anything of monetary value on a contingent fee basis to solicit or secure this
Contract, except bona fide employees of Contractor (including proposed
subcontractors) or bona fide established commercial or professional entities
retained by Contractor for the purpose of securing business. For violation of this
Section, in addition to the remedies available pursuant to Section EA, the State
shall have the right to deduct from any amount owed Contractor the amount of
such commission, percentage, brokerage or contingent fee, and other benefit from
the Contractor.

IN WITNESS WHEREOF:
CORRECTIONS CORPORATION OF TENNESSEE, INC.
d/b/a CORRECTIONS CORPORATION OF AMERICA

J~~~~
P

,

I

l~~O=--2-

_

Date

sident and Chief Executive Officer

DEPARTMENT OF CORRECTION:

Donal~------'2_W 02.
60

APPROVED:
DEPARTMENT OF FINANCE AND ADMINISTRATION:

C, Lt./~/14J

L

J1lJntJ

c2/0L0/ooL

c. Warren Nee., Ph.~~'-o-ne-r--------'-D+'a-te--;'7......:....--------

Q E Y GENERAL AND REPORTER:

~..

Paul G. Summers, Attorney General and Reporter

Date~

7

OLLER OF THE T

(
Date

61

Management and Operation of South Central Correctional Center
List of Contract Appendices

Appendix A

Description of Real Property

Appendix B

Personal Property Listing

Appendix C

TDOC Policies Applicable to the Contract

Appendix D

General Specifications for Insurance

Appendix E

Liquidated Damages Schedule

Appendix F

Security Addendum

Appendix G

Performance and Cost Evaluation Form

Appendix H

Authorized Individuals

62

APPENDIX A
The leasehold includes all structures built upon and all land contained
within the boundaries described on Exhibit A attached hereto.
Being property acquired by the State of Tennessee, by order of
possession entered in the case of State of Tennessee v. Preston W.
Carroll, et al; Circuit Court of Wayne County, Tennessee, Docket No.
2827-A-251, entered on November 9, 1989; said Order recorded in Lien
Book 4, Page 696, at the Register’s Office in Wayne County, Tennessee.
Specifically excluded from the leasehold are:
1.

The Boot Camp parcel and buildings (97.91 acres) described in the
last paragraph of Exhibit A, which property was acquired by the
State of Tennessee by instrument of record in Book 93, Page 123,
Register’s Office in Wayne County, Tennessee.

2.

Sewage lagoon property conveyed by deed of record in Book 127,
Page 194, Register’s Office in Wayne County, Tennessee, which
property is more particularly described on Exhibit B, attached
hereto.

3.

Building No. 2, Industries Building.

R£F'ORi:
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DATE: 08/08/01

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LOCATION: 91015
WHSE 015
C35558
P33029
YHSE 015
MAIN 015
P33204
P40010
WHSE 015
P40025
MAIN 015
P40036
MAIV 015
P40037
MAIV 015
P4003B
MAIV 015
P40039
MAIV 015
P40040
MAIV 015
P40042
MAIV 015
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P40099
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P40452
IJHSE 015
P40478
UHSE 015
P40480
MAIN 015
P404B3
MAIN 015
P40484
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P40485
MAIN 015
P40486
MAIN 015
P40488
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PRINTER, (PC) PI9056017656
DESK & TABlE, Y1LEFT UElL
PAGING, RADIO &ICHARGER,MULTI
CALCULATOR, ELEl1D057239
CABINET, FILING1HONE
SAY, STATIONARYl
DRILLS, HYORAlLI2B32l
SAU, STATIONARY10926
SHAPER & JOIHTE1001639
SANDERS, BENCH 11100043
CABINET-SAFETY 1YELLOU
BEDS, HOSPITAL 1
ClITTERISHREOOER11093B
CALClLATOR, ELEI20003661
lJELOER, ARC, NOID422927
lJELDER, ARC, NOID422928
SAY, STATIONARYl92A00862
CABINET, FILINGIHOHE
FLOOR MAINTENANI922532
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RADIO, 2-uAY REI483ASEOOO9
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TYPEURlTER, ELEl11-TR609
PRINTER, (PC) ISX95OO11
MAIL METERING E1POSTAGE METER
PRINTER, (PC) 116MATJI5473
CABINET, FILINGI
CABINET, FILING1NOHE
DIAGNOSTIC EOOI110102712
CALCULATOR, ELE110056779
CALCULATOR, NON 110057229
CABINET, FILIH61HOHE
TYPEURITER, ELE111-TRG06
CABINET, FILING1HOHE
CABINET, FILING1.
CALCULATOR, ELEl10058549
CALCULATOR, ELEl10058589
CABINET-SAFETY 1HOHE-METAL

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A245

08/1B/99
03/20/92
07/10/92
02129/92
02129/92
02129192
02129/92
02129/92
02129/92
02129/92
02129/92
02129192
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129192
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
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02129/92
02129/92
02129/92
02129/92
02129192
02129/92
02129/92
02129/92

849.63
579.95
573.75
115.45
538.21
773.31
1,439.33

588.58
1,238.38
877.93
557.70
560.30
4,430.90
121. 54
561.66
561.66
1, 779.32
538.21
705. 76
1,481. 86
2,363.95
2,363.95
1,481. 86
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2,363.95
2,363.95
1,481. 86
1,481. B6
2,363.95

508.35
746.99
590.74
398.60
538.21
538.21
2,686.61
121. 54
121. 54
538.21
508.37
538.21
538.21
121. 54
121. 54
557. 70

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REPORT: BAI1A231
21:54:09
TIME:

STATE OF

T8+ESSEE

PAGE:
2
DATE: 08/08/01

PERSOtW... PROPERTY ITEMS BY LOCATION

AUTHORIZED ASSETS
FROM 0110111960 TO 08/08/2001

TAG It

Fl

ROOM

UNIT

DESCRIPTION

SERIAl It

tlOOEl

FIN SVC DT

STATE COST

DEPTIDIV: 32944
LOCATION: 91015
P40490
MAIN 015
P40491
MAIN 015
P40492
MAIN 015
P40493
MAIN 015
P40494
MAIN 015
P40495
MAIN 015
P40496
MAIN 015
P40497
MAIN 015
P40498
MAIN 015
P40500
MAIN 015
P40511
UHSE 015
P40515
\.IHSE 015
P40519
LJHSE 015
P40530
UHSE 015
P40539
MAIN 015
P40540
MAIN 015
P40541
MAIN 015
P40542
MAIN 015
P40543
MAIN 015
P40544
MAIN 015

***

LOCATION:

91015

LOCATION: 91016
P33040
TRIC 016
VOC
016
P33041
VOC
016
P40109
P40110
VOC
015
VOC
016
P40111
P40112
VOC
016
VOC
016
P40168
P40473
VOC
016
P40S27
VOC
016

***

LOCATION:

CABINET-SAFETY ltOlE-I1ETAl
CABINET-SAFETY 1I01E-METAL
SElJER PIPE ClEAIVBV-39773
SAU, STATIONARYl0927
SAU, STATIOHARY19109
DRIllS, HYDRAUll28485
t.IElDER, ARC, HOl9791-A1197826
PUMP, TRASH
13T712
GENERATORS, PORll110166
COMPRESSOR, AIR 1081491L 480160
CAI1ERA, MOVIE 1
REFUSE COHTAIHE1HOHE, FOR FOOD SVS
GYMHASIUM APPARl
ICE MAKING & DI1U31701222tJ
TRACTOR, FARM, lL\I520000220465
GRADER, TOUED TU£RBERT lEUIS TRAC
SCOOTER, TRUCKST12698
SCOOTER, TRUCKST12859
TILlAGE EQUIPME1
PUMP, 5BIA6E & lCC-l5455
66

METAl FINDERS &121909
METAl FINDERS &121910
SBlIHG MACHII£,100lGl76132
SEUING MACHINE,lOOlGl76114
SEUIHG MACHINE,lOOlGl76151
SURGER, SBUHG lOF6-5oo
CABINET, FILIHG1HOHE
CABINET, FILIHG1HOHE
CABINET, FILIHG1NONE

91016

LOCATION: 91017
J02639
KITC 017
J02642
KITC 017
P40107
KITe 017
LAUN 017
P40166
P40171
LAUN 017

14 1,446,390

23

197,235

SHAMPOO & BUFFIIP86892A
SHAMPOO & BUFFI1P86622A
CAlCULATOR, ELEllD058559
CABINET, FILIHG1HOHE
CABINET, FILIHG1HOHE

FLAI11ABl.E STG.
Fl.A/'I1ABlE STU.
RIGID
DEIJAlT

DAYTON

A245
A245
RADIAl ARM

BAND
UILTON 5810

DRIll PRESS
LIHCOlN

G8000

DAYTON
DAYTON

3ZC13

TEa

DYCA/1
RUBBERMAIDI025
SOCCER TABlE
ICE 0 MATIC
JOHN DEERE
S1..IEEPER BROOM
JOHN DEERE
JOHN DEERE
DISK-FORTRACTOR
DRAIN ClEAN

COlCRCA/1
TILT TRUCK
~~

PULL BEHIND
GATORJUTILITY
GATORIUTILITY
5-7 FooT-METAl
DRAIN ClEANER

02129/92

02129/92
02129/92
02129/92

02129/92

02129/92
04105194
12/22193
01110/94
02118/94
11118/93
12117/93
10/11/93

10/11/93
12114/93
11105193

ASSETS

JUl<I
J.Jl<I
JlJ<I

St..RGER JUl(I

NATIONAl
NATIONAl
FILE CAB

557. 70
557. 70
1,654.90
588.59
773.31
1,439.34
2,470.02
810.97
695.66
1,039.74
1,455.24
777.57
525.00
1,944.81
14,250.00
2,295.00
4,200.00
4,200.00
849.00
1,173.00
90,416.69

SENTRIE
SENTRIE

9

02129/92
02129/92
02129/92
02129/92

00ll-5530
DOll-5530
00ll-5530

SEUING SYSTEM
42 INCH 5 DRtJ
36 INCH 5 DR1J

METAl-DRAUER

02129/92
02129/92
02129/92

02129/92

02129192

02129/92

02129/92

02129/92
01127/94

ASSETS

3,926.50
3,926.50
756.12
756. 12
756. 12
1,673.10
592.09
538.21
866.27
13,791.03

sss
SSS

SHARP

NATIONAl

NATIONAL

17 INCH
17 INCH
QS2760A
36 INCH 5 DRU
36 INCH 5 DRU

07/01196
07/01196
02129/92
02129/92

02129192

705. 76
705. 76
121. 54
538.21
538.21

RETIRE DT

- --STATE OF TEtf£SSEE --"----

REPORT: BAllA231
TIME:
21:54:09

PAGE:
3
DATE: 08/08/01

PERSONAL PROPERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08/08/2001

TAG II

FL

ROOM

lIHIT

DESCRIPTIOH

)ERIAL II

MAKE

MOOEL

FIN SVC DT

STATE COST

DEPTIDIV: 32944
LOCATION: 91017
KITC 017
P40273
P40449
LAlIH 017
P40451
LAUH 017
P40532
KITC 017
P40533
KITe 017
P40534
KITC 017
KITC 017
P40535
P40536
KITC 017
P40537
KITC 017
P40538
KITC 017

***

LOCATION:

91017

LOCATION: 91018
PROP 018
01 OPS
018
J44440
OPS
018
P33018
VIST 018
P33035
OPS
01B
P33037
VIST 01B
P33046
COHT 01B
P33047
COHT 01B
P3304B
CONT 01B
P33049
COHT 01B
P33051
COHT 01B
P33053
COHT 01B
P33055
COHT 01B
P33QC...6
COHT 01B
P33057
COHT 01B
P33058
COHT 01B
P33059
COHT 01B
P33060
com 01B
P33061
COHT 01B
P33062
COHT 01B
P33063
COHT 01B
P33064
COHT 01B
P33065
CONT 01B
P33066
COHT 01B
P33067
COHT 01B
P3306B
com 01B
P33069
COHT 01B
P33070
COHT 01B
P33071
COHT 01B
P33072
COHT 01B

J44428
J44439

CABlt£T, FILINGIIO£
CALCULATOR. ELEll0056749
CALCULATOR. ELEll0056769
RANGE. TOP OVEN 1
COOKER, FOOD PRIB94DBC0309
COOKER, FOOD PRIB94BAOO310
KETTLE, i£AVY 01
PUMP, FOOD PROCIF94BA00416
TABLE, SORTING llOE-STAIIt..ESS STL.
TABLE, SORTING ltO£-STAIIt..ESS STL.
68

328,725

PRINTER, (PC) PI905AI030330
PRINTER, (PC) Pl9QC...AI030772
PRINTER. (PC) PI905AI030321
DESK & TABLE, UIIO£(COHFERENCE)
FURNITURE. LOlIHIIO£
I'ETAL FINDERS &121908
RADIO, 2-t.lAY POl751ASL0767
RADIO. 2-UAY POI751ASL0806
RADIO. 2-t.lAY POI751ASL0810
RADIO, 2-t.lAY POI751ASL0802
RADIO, 2-t.lAY POl751ASL0777
RADIO, 2-uAY POl751ASL0764
RADIO, 2-t.lAY POI751ASL0812
RADIO. 2-uAY POl751ASL0768
RADIO, 2-uAY POl751ASl...0808
RADIO, 2-uAY POI751ASL0772
RADIO, 2-t.lAY POl751ASL0779
RADIO, 2-UAY POI751ASL0769
RADIO, 2-uAY POI751ASL0807
RADIO, 2-t.lAY POI751ASLOn4
RADIO. 2-uAY POl751ASL077S
RADIO, 2-uAY POl751ASL0784
RADIO, 2-t.lAY POI751ASL0799
RADIO, 2-UAY POl751ASL0785
RADIO, 2--uAY POl751ASL08OO
RADIO, 2-t.lAY POl751ASL0781
RADIO, 2-t.lAY POl751ASL0786
RADIO, 2--uAY POl751ASL0789
RADIO, 2--uAY POl751ASL0782
RADIO, 2-t.lAY POI751ASLOnl

15

NATIOHAL

SHARP
SHARP
BLOOGETI
PITCO
PITCO
MIXER
PITCO

FRYER
FRYER
80 QT
P18

SALAD BAR
SALAD BAR

02129/92
02129/92
02129/92
COS-2O 480V 3PH 02118/94
El8SS 4800 3 HP 02118/94
42 INCH 5 DRU
ZS2760A
ZS2760A

UIBOUl. TR\..JCI(
REV PlI1P
10 X 4.5
10 X 4.5

02/18/94
03/16/94
02/18/94
06/02/94
06/02/94

44,305.05

ASSETS

OKIDATA
OKIDATA
OKIDATA
TRlCOR
TRICOR
SEHTRIE
MOTCROLA
MOTOOOLA
MOTOROLA
noTOROLA
MOTOOOLA
MOTOOOLA
MOTOROLA
MOTOOOLA
MOTOROLA
MOTOROLA
MOTffiOLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTCROLA
MOTOROLA
MOTOROLA
MOTOOOLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA

592.09
121. 54
121. 54
19,474.00
2,556.00
2,556.00
8,790.00
1,4n.00
3,003.70
3,003.70

520
520
520
8 FT-TABLE
SOFA
H43GCU7100CN
H43GCU7100CN
H43GCU7100CH
H43GCU7100CN
H43GCU7100CH
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
NT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
H43GCU700CN
H43GCU7100CN
MT 1000
MT 1000
MT 1000
H43GCU7100CH
H43GCU7100CH

08/10/99
08/10/99
08/10/99
03/20/92
03/20/92
02/29/92
07/10/92
07/10/92
07/10/92

07110/92
07/10/92

07/10/92
07110/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

07110/92

07/10/92

07/10/92

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

336.02
336.02
336.02
1,316.35

934.7S

3,926.50
746. 76
746. 76
746. 76
746. 76
746. 76
746.76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76

RETIRE DT

REPORT:

TIME:

BAIIA231
21:54:09

PAGE:
4
DATE: 08/08/01

STATE OF TEl+ESSEE

PERSOHAI... PR£FERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08/08/2001

TAG "

FL

ROOM

UNIT

DESCRIPTION

SERIAL "

MAl<E

MODEL

FIN SOC OT

STATE COST

DEPT/OIV: 32944
LOCATION: 91018
P33073
COHT 018
CONT 018
P33074
COHT 018
P33075
P33076
COHT 018
COHT 018
P33077
P33078
CONT 018
P33079
CONT 018
P3308Q
CONT 018
P33081
CONT 018
P33082
CONT 018
P33083
COHT 018
P33084
COHT 018
P3308S
COHT 018
P33086
COHT 018
P33087
COHT 018
P33088
CONT 018
P33089
COHT 018
P33090
COHT 018
P33091
COHT 018
P33092
COHT 018
P33093
COHT 018
P33094
CONT 018
P3309S
COHT 018
P33096
CONT 018
P33097
CONT 018
P33098
COHT 018
P33099
CONT 018
P33100
CONT 018
P33101
COHT 018
P33102
COHT 018
P33103
COHT 018
P33104
CONT 018
P3310S
COHT 018
P33106
CONT
P33107
COHT 018
P33108
COHT 018
P33109
COHT 018
P33110
COHT 018
P33111
COHT 018
P33112
CONT 018
P33113
CONT 018
P33114
COHT 018
P3311S
COHT 018
P33116
CONT 018
P33117
CONT 018
P3311B
COHT 018

RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,
RADIO,

2-tJAY
2-l.1AY
2-UAY
2-tJAY
2-uAY
2-tJAY
2-uAY
2-uAY
2-tJAY
2-UAY
2-UAY
2-tJAY
2-tJAY
2-tJAY
2-UAY
2-tJAY
2-UAY
2-tJAY
2-UAY
2-tJAY
2-UAY
2-uAY
2-tJAY
2-UAY
2-tJAY
2-tJAY
2-UAY
2-UAY
2-tJAY
2-tJAY
2-UAY
2-UAY
2-tJAY
2-1JAY
2-tJAY
2-tJAY
2-tJAY
2-1JAY
2-UAY
2-uAY
2-uAY
2-tJAY
2-tJAY
2-UAY
2-UAY
2-tJAY

POl751ASL0783
POl751ASL0778
P01751ASL0780
POl751ASL0770
POl751ATG1OO6
POl751ASL0796
P01751ASL0797
POl751ASL0766
P01751ASL0749
POl751ASL074S
P01751ASL0748
POl751ASL0759
POl751ASL0746
POl751ASL0776
POl751ASL0743
POl751ASL07S3
POl751ASL0747
POl751ASL07S8
POl751ASL07S7
POl751ASL08OS
POl751ASL07S6
POl751ASL07SS
POl751ASL0742
P01751ASL07S0
P01751ASL07S4
POl751ASL076O
POl751ASL0744
POl751ASL0741
POl751ASL0804
POl751ASL0811
POl751ASL0788
POl751ASL0791
P01751ASL0790
POl751ASL0794
P01751ASL07S2
POl751ASL0751
POl751ASL079S
POl751ASL0792
POl751ASL0809
POl751ASL0789
P01751ASL0793
POl751ASL0787
POl751ASL0798
POl751ASL0862
POl751ASL08S8
POl751ASL0824

MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROlA
MOTOROLA
MOTOROlA
MOTOROLA
MOTOROLA
MOTOROlA
MOTOROLA
MOTOROLA

MOTOROLA
MOTOROLA

MOROROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA

MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
NT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT
MT

1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000
1000

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746.76
746. 76
746. 76
746. 76
746. 76
746. 76
746.76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746.76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76

RETIRE OT

. STATE OF fEi+lESSEE" """~."
PERSONAl.. PROPERTY ITEMS BY LOCATIOH
AUTHORIZED ASSETS
FROM 01101/1960 TO 08108/2001

REPORT: BAllA231
21:54:09
TIME:

TAG t4

FL

ROOM

UNIT

DESCRIPTIOH

)ERIAL t4

MAKE

MODEL

PAGE:

FIN SVC DT

STATE COST

DEPTIDIV: 32944
LOCATION: 91018
COHT 018
P33119
P33120
COHT 018
COHT 018
P33121
P33122
COHT 018
P33123
COHT 018
P33124
COHT 018
P33125
COHT 018
P33126
COHT 018
P33127
COHT 018
P33128
COHT 018
P33130
COHT 018
P33131
COHT 018
P33132
COHT 018
P33133
COHT 018
P33134
COHT 018
018
P33135
P33136
COHT 018
P33137
018
P33138
COHT 018
COHT 018
P33139
P33141
COHT 018
P33142
018
P33143
COHT 018
P33144
CONT 018
P33145
CONT 018
P33146
COHT 018
P33147
COHT 018
P33148
COHT 018
P33149
COHT 018
P33150
018
P33151
018
P33152
018
P33153
CONT 018
P33154
CONT 018
P33155
COHT 018
P33156
COHT 018
P33157
COHT 018
P33158
018
P33159
COHT 018
P33160
COHT 018
P33162
COHT 018
P33163
CONT 018
P33164
COHT 018
P33177
OPS
018
P33180
OPS
018
P33188
VIST 018

com
com
com

com
com
com

com

RADIO, 2-uAY POl751ASL0861
RADIO, 2-uAY POl751ASLOB21
RADIO, 2-uAY POl751ASL0B59
RADIO, 2-uAY POl751ASL0B25
RADIO, 2-lJAY POl751ASL0B29
RADIO, 2-UAY POl751ASL0841
RADIO, 2-lJAY POl751ASLOB60
RADIO, 2-uAY POI751ASL0816
RADIO, 2-UAY POl751ASL0B38
RADIO, 2-UAY POl751ASL0826
RADIO, 2-uAY POl751ASLOB52
RADIO, 2-UAY POl751ASL0B27
RADIO, 2-lJAY POl751ASL0830
RADIO, 2-UAY POl751ASL0B37
RADIO, 2-UAY POl751ASL0842
RADIO, 2-tJAY POl751ASL0844
RADIO, 2-uAY POl751ASL0822
RADIO, 2-uAY POl751ASLOB36
RADIO, 2-UAY POl751ASL0813
RADIO, 2-uAY POl751ASL0848
RADIO, 2-tJAY POl751ASL0845
RADIO, 2-tJAY POl751ASL0B51
RADIO, 2-uAY POl751ASL0818
RADIO, 2-uAY POl751ASL0817
RADIO, 2-tJAY POl751ASL0855
RADIO, 2-uAY POl751ASL0B34
RADIO, 2-uAY POl751ASL0835
RADIO. 2-UAY POl751ASL0833
RADIO, 2-uAY POl751ASL086
RADIO, 2-uAY POl751ASL0815
RADIO. 2-uAY POl751ASL0819
RADIO, 2-uAY POl751ASL0814
RADIO. 2-uAY POl751ASL0B57
RADIO. 2-UAY POl751ASlO854
RADIO, 2-tJAY POl751ASL0839
RADIO, 2-uAY POl751ASLOB2B
RADIO, 2-uAY POl751ASL0831
RADIO, 2-tJAY POl751ASL0B50
RADIO, 2-uAY POI751ASL0832
RADIO, 2-uAY POI751ASL0B53
RADIO, 2-UAY POl751ASL084O
RADIO, 2-tJAY POI751ASL0843
RADIO, 2-UAY POl751ASL0846
Fl.mHITURE, lOUHltO£
FURNITURE, L0UH1H01£
DESK & TABLE, U18 FT OAK

MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOTROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROlA
MOTOROLA
MOTOROlA
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROlA
MOTOROLA
MOTOROLA
MOTOROlA
MOTOROlA
TRICOR
TRICOR
TRICOR

MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
MT 1000
SOFA
SOFA
COHF. TABLE

5

DATE 08/08/01

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

07/10/92

07/10/92
07/10/92

07/10/92

07/10/92

07/10/92

07/10/92
07/10/92

07/10/92

07/10/92
07/10/92

07/10/92
07/10/92

07/10/92
07110/92

07/10/92
07/10/92

07/10/92

07/10/92

07/10/92
07/10/92

07/10/92
07/10/92

07/10/92

07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92
07/10/92

04/06/92
04/06/92

02119/92

746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746.76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746. 76
746.76
746.76
746. 76
746. 76

934.75
934.75
714.75

RETIRE DT

REPORT.

TIME:

TAG "

STATE oF TEM-lESSEE
PERSONAL PROPERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08108/2001

BAllA231
21:54:09

FL

ROOM

DESCRIPTION

ll-IIT

MAKE

)ERIAL "

MODEL

PAGE:

FIN SVC DT

STATE COST

DEPTIDIV: 32944
LOCATION: 91018
P33195
PROP 018
P33196
COHT 018
P33197
COHT 018
OPS
P33198
018
P33199
OPS
018
P33214
COHT 018
P40001
018
OPS
P40167
PROP 018
P40185
PROP 018
P40199
PROP 018
P40215
CONT 018
P40286
OPS
018
P40290
OPS
018
P40412
COHT 018
P40414
OPS
018
P40453
OPS
018

***

LOCATION:

X-RAY I'1ACHIHE. 150925
PAGING. RADIO &1QlARGER. MlLTI
PAGING. RADIO 81a1ARGER. MULTI
PAGING. RADIO &10fARGER. MULTI
PAGING. RADIO &la1ARGER. MULTIL
RADIO. 2-uAY RElBASE
TYPEURITER. ELEll802689X
CABINET. FILING1HOHE
CABINET. FILIHG1HOHE
CABINET. FILING1HOHE
RADIO. 2-uAY RE1428ASL3776
COMPRESSOR. AIR lAIR PACK
CABINET. FILIHG1HOHE
AIR PACK. SAFEr1
CABINET. FILIHG1HJHE
CALCULATOR. ELEllD056789

91018

LOCATION: 91019
J44597
MED
019
P33031
tIED
019
P33178
019
MED
P33203
tIED
019
P40048
019
tIED
P40049
MED
019
P40053
tIED
019
P40114
MED
019
P40287
MED
019
P402B8
MED
019
P40297
tIED
019
P40387
tIED
019
P40390
019
tIED
P40391
tIED
019
P40392
019
tIED
P40393
MED
019
P40394
tIED
019
P40397
tIED
019
P4039B
tIED
019
P40399
MED
019
P40400
MED
019
P40401
019
MED
P40402
tIED
019
P40403
MED
019

30 3.024.270

PRINTER. (PC) PI905AI030311
DESK 8 TABLE. UUDE
FURNITURE. L0UH1HOHE
PAGING. RADIO 81a1ARGER. Mll.TI
BEDS. HOSPITAL 1
BEDS. HOSPITAL 1
ORTHOPEDIC EOUIHUI0ICl1B53
BEDS. HOSPITAL 1
CABINET. FILIHG1HOHE
CABINET. FILIHG1HOHE
PRINTER. (PC) llGI'IAT51B091
AIR PACK. SAFErl
CABINET. FILIHG1HOHE
TABLE. EXAMIHATl
TABLE. EXAMINATl
TABLE. EXAMINATl
TABLE. EXAMINATl
SHAMPOO 8 BUFFI121280045
CALCULATOR. ELEl1D057249
TYPEURITER. ELE1B02691X
CABINET. FILIHG1HOHE
CABINET. FILING1HOHE
CABINET. FILIHG1HOHE
CABINET. FILING1HOHE

EGAK> G ASSTRO
MOTOROLA
MOTOROLA
MOTOROLA
MOTOROLA
COI'II"lJNICATION

SHARP
NATIONAL
NATIONAL
NATIONAL
BASE STATIOO
SCOTT
NATIONAL
SCOTT AIR PACK
NATIONAL

SHARP
138

LIHESCAN
MT100
MTlOO
MTl00
MTl00
SYSTEM

07/10/92
07/10/92
07/10/92

07/10/92

07/10/92
09/15/92
02129/92

ZX-405A

42 INCH 5 DR&J
36 INCH 5 DRU
42 INCH 5 DRU
MAX TRAe MOBILE
UTRALITE 2
36 INCH 5 DRY
ULTRALITE IlL
36 INCH 5 DRU
ZS2760A

02129/92
02129/92
02129/92
02129192
02129/92
02129192
02129/92
02129/92
02129192

ASSETS

01<1DATA
TRICOR
TRICOR
MOTOROLA

DURR

DURR
HYFRECATOR
GURI£Y
NATIONAL
NATIONAL
PANASOtHC
SCOTT
NATIONAL
RITTER
RITTER
RITTER
RITTER
BlIFFER/BURHISH
SHARP

SHARP

NATIONAL
NATIONAL
NATIONAL
NATIONAL

21.450.00
573.75
573.75
573.75

573.7S
85.283.84
527.67
592.09
592.09
592.09
944.53
1,381. 38
538.21
1.381. 38
538.21
121.54
210.391. 82

520
08/10/99
8 FT--eONF TABLE 03/20/92
SOFA
04/06/92
MTlOO
07/10/92

02129/92

02129/92

DURR

FERHO
36 INCH 5 DRY
36 INCH 5 DRY
UTRALITE 2
36 INCH 5 DRIJ
104
104
104
104
MIHUTEMAN 1500
QS2760A

ZX-405A

36
36
36
36

INCH
INCH
INCH
INCH

5
5
5
5

DRIJ
DRIJ
DRU
DRU

6

DATE: 08/08/01

02129/92
02129/92
02129/92
02129/92

02129/92
02129192
02129/92
02129/92
02129/92
02/29/92

02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92

336.02
714. 75
934.75
573.75
560.30
560.30
614. 18
1,416.77
538.21
538.21
398.60
1.381. 38
538.21
727.32
727.32
727.32
727.32

793.04
121.54
527.67
538.21
538.21
538.21
538.21

RETIRE DT

STATE OF TEJ+l£SSEE
PERSOHAL PROPERTY ITEMS BY LOCATI(III
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08108/2001

REPORT: BAI1A231
21: 54: 09
TIME:

TAG "

FL

ROOM

DESCRIPTION SERIAL "

UNIT

MAKE

MOOEL

PAGE

7
DATE: 08/08/01

FIN SVC DT

STATE COST

DEPTIDIV: 32944

LOCATION: 91019
019
I1ED
P40404
tIED
019
P4040S
MED
019
P40406
MED
019
P40407
tIED
019
P40408
P40409
tED
019
P40525
I1ED
019

***

LOCATION:

91019

LOCATION: 91021
EDlIC 021
J44475
PROG 021
PROG 021
J44581
J44591
PROG 021
J44598
EDUC 021
P33017
LIBR 021
EDUC 021
P33172
P33184
EDUC 021
P33186
EDlC 021
P33189
F'ROG 021
P33191
LIBR 021
P33192
EDUC 021
P40017
EDlC 021
P40018
EDUC 021
P40019
EDUC 021
P40020
EDUC 021
P40024
EDUC 021
P40028
EDUC 021
P40030
EDlC 021
P40031
LIBR 021
P40032
LIBR 021
P40104
F'ROG 021
P40115
LIBR 021
P40116
LIBR 021
P40122
EDlIC 021
P40128
EDUC 021
P40130
PR06 021
P40133
CHAP 021
P40135
LIBR 021
P40165
PROO 021
P40173
PROO 021
P40187
f'ROG 021
P40265
F'ROG 021
J44423

CABINET, FILIHGlHONE
CABINET, FILIHG1HOHE
VALIDATING MACHI
DENTAl UNIT & C1011135891
DENTAl UNIT & C1011136291
DENTAl UNIT & C1011136691
CABINET, FILIHGIIO£
21

679,365

NATIONAL
NATIOHAl
VALADIDTOR
CHAIR, HEALTHCO
CHAIR, 1£Al1llCO
CHAIR, HEALTHCO
FILE CAB
31

PRINTER, (PC) P1905A10303271
PRINTER, (PC) P1905AI030312
PRINTER, (PC) P1905A10303S7
PRINTER, (PC) PI905AI030345
PRINTER, (PC) P1905AI030310
DESK & TABLE, UIIO£(CO!'FEREHCE)
FURHITURE, L0ltI1tOE
DESK & TABLE, U1LEFT L (H-S/H)
DESK & TABLE, U1LEFT L (H-S/H)
DESK & TABLE, U1LEFT L (N-S/H)
DESK & TABLE, U18 FT OAK
DESK & TABLE, U18 FT OAK (H-S/H)
CABINET, FILIH61HOHE
CABINET, FILIH61HOHE
TYPEURITER, ElE1B026051
CAlCULATOR, ElE12DOO2221
CABINET, FILIHGUOE
CAlCUlATOR, ELE12DOO2061
CABINET, FILIHG1HOHE
CPU: MICROCtJ1PUTI2092318847T
CABINET, FILIHGlHOHE
CABINET, FILIHGlHOHE
BOOKS, PUBLICAT122 VG..S
BOOKS, PUBlICATlRAYBIH 9,10,11,12,13
CALCUlATOR, ElE12DOO2021
CALCUlATOR, ELEI20002041
CAlCULATOR, ElE12DOO2011
VIDEO PLAYER & 1111841738
RECEIVER, TV 1 1370336
CABINET, FILINGlt«JHE
CABINET, FILING11fJHE
CABINET, FILINGltOE
TYPEURITER, ElE1802705X

36 INCH 5 DRIJ
36 INCH 5 DRIJ

PLUS

CELEBRITY
CELEBRITY
CELEBRITY
I'ETAL-DRAUER

02129192
02129/92
02129/92
02129/92
02129/92
02129/92
01127/94

21,876.34

ASSETS

OKIDATA
OI<IDATA
OI<IDATA
01<1DATA
OI<IDATA
TRICOR
TRICOR
TRICOR
TRICOR
TRICOR
TRICOR
TRICOR
NATIONAl
NATIOHAl
SHARP

SHARP
NATIOHAl
SHARP
HATIOHAl
GRAFII<A
HATIOHAl
NATIOHAl
EHCYUJlPEDIA
LAU

SHARP
SHARP
SHARP
SHARP

SHARP
NATIOHAl
NATIOHAl
NATIONAL
SHARP

538.21
592.09
2,394.16
625.27
625.27
625.27
866.27

08/10/99
08/10/99
08/10/99
08/10/99
08/10/99
8 FT-TABLE
03/20/92
SOFA
04/06/92
TYPIST DESK
02119/92
TYPIST DESK
02119/92
TYPIST DESK
02119/92
C()toF. TABlE
02119/92
CCJt.F. TABLE
02119/92
36 INCH 5Df\\I
02129/92
36 INCH 5 DRIJ
02129/92
JX-4Q5A
02129/92
Q52.76OA
02129/92
36 INCH 5 DRIJ
02129/92
COMPEl
02129/92
36 INCH 5 DRIJ
02129/92
DCM 1428
02129/92
36 INCH 5 DRU
02129/92
42 INCH 5 DRIJ
02129/92
LIJRU) IlK
02129/92
TEHH PRAC. SRS. 02129/92
QS17060A
02129/92
QS1760A
02129/92
QSI760A
02129/92
VCA524011
02129/92
19
02129/92
36 INCH 5 DRU
02129/92
42 INCH 5 DRU
02l2!1/92
36 INCH 5 DRU
02129/92
ZX405A
02129/92
520
520
520
520
520

336.02
336.02
336.02
336.02
336.02
714. 75
934. 7S
579.95
r:i79.9S
579.9S

714.75
714.75
538.21
592.09
527.67
115.45
538.21
115.45
538.21
244.52
538.21
592.09
654.00
896.41
121.54
121. 54
115.44
206.84
231. 66
538.21
592.09
592.09
527.67

RETIRE DT

STATE OF TEl+ESSEE
PERSONf:lL PROPERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08/08/2001

REPORT: BAllA231
21:54:09
TIME:

TAG

tt Fl ROOM

UNIT

DESCRIPTION

SERIAl

MAKE

tt

I100El

PAGE:
8
DATE: 08/08/01

FIN SVC DT

STATE COST

DEPTIDIV: 32944
LOCATION: 91021
GYM
P40279
021
PROO 021
P40316
P40319
EDUC 021
P40344
LIBR 021
P40345
EDUC 021
P40348
EDUC 021
P40349
EDlJC 021
P40352
PROO 021
EDUC 021
P40353
LIBR 021
P40361
P40375
PROG 021
P40377
PROG 021
P40380
PROG 021
GYM
P40381
021
P40383
BAll 021
P40384
GYM
021
P40411
GYM
021
P40418
EDlJC 021
P40472
LIBR 021
P40475
PROO 021
P40503
EDUC 021
P40513
EDUC 021
P40517
GYM
021
P40520
PROG 021
P40526
EDlJC 021

***

LOCATION:

91021

LOCATION: 91022
P33182
HSA
022
P33207
HSA
022
P40159
HSA
022
P40188
HSA
022
P40389
HSA
022
P40471
HSA
022
P40512
HSA
022
P40522
HSA
022

***

LOCATION:

69 1,271,070

NATIONAL
NATIONAL
PANASONIC
NATIONAL
GRAFIKA
GRAFIKA
NATIONAL
NATIONAL
CARD CATAlOO
NATIONAL
NATIONAl
NATIONAl
FLAIT1ABlE STG.
CAlIF GYMN
DlR'IB BELLS
FlAI11ABlE STG.
SHARP
IBM
IBM
CEr

RS,SSS

I'IUSCl.E MASTER
FILE CAB
FILE CAB

58

DESK & TABLE, UlCEr
PAGING, RADIO &1CHARGER, MlLTI
AIR PACK, SAFErl
CABINET, FILING1NONE
CABINET, FILING1NOHE
CABINET, FILING1NONE
FIRE PROTECTION1U/CASE
CABINET, FILING1NONE

91022

LOCATION: 91023
HSAp 023
P40022

SHARP

TYPElJRITER, ELE1802700X
CABINET, FILING1NONE
CABINET, FILING1NONE
PRINTER, (PC) 111<MATJ74628
CABINET, FILIHG1NONE
CABINET, FILING1
CABINET, FILING1
CABINET, FILING1NONE
CABINET, FILIHG1NONE
f1..IRNITURE, LIBRIUJOO TYPE (NONE)
CABINET, FILING1NONE
CABINET, FILING1NONE
CABINET, FILIHG1NONE
CABINET-SAFETY ll'ETAl (NOI£)
GYMNASIUM APPARl
GYMNASIUM APPARINCH:
CABINET-SAFETY ll'ETAL(NONE)
CALCl..LATOR. ELE11D058569
TYPEURlTER, ELE111-TRD08
PRINTERS g PRIN111-37722
DESK g TABLE, Ult1l SER NUM AVAl
POlISHING g SCR1
GYMNASIUM APPAR1
CABINET, FILING1NONE
CABINET, FILIHG1NONE

18

175,320

CABINET, FILING1NONE

2390

02/?!J/92
02/29/92

02/?!J/92
02/29192
02/?!J/92
02/29/92

02/?!J/92
02/29/92

02/?!J/92
02I?!J/92
02/29/92

02I?!J/92
02/?!J/92
02/?!J/92
02/?!J/92
02/29/92

02/?!J/92
02/29/92

02/?!J/92
02/29/92

DESKOA/(
17INCH
FlJTlRE

01119/94

METAl-DRAUER
METAl-DRAUER

01127194
01127/94

12/28/93
10/15/93

ASSETS

DESl<,TYPIST
MOTOROlA
SCOTT
NATIONAl
NATIONAl
NATIONAl
SCOTT AIR PACK
FILE CAB
8

ZX-405A
36 INCH 5 DRU
36 INCH 5 DRU
KXP1624
36 INCH 5 DRt.I
DCM 1428
DCM 1429
36 INCH 5 DRU
36 INCH 5 DRU
CARD INDEX
36 INCH 5 ORU
42 INCH 5 DRU
42 INCH 5 DRU
A245
m..JlTI STATION
U/RACK
A245
QS17060A
UHEElURlTER 2

508.37
382.23
599.95
650.00
4,600.00
866.27
866.27
37,879.01

LEFT
MTl00
UlRALITE 2
36 INCH 5 DRU
36 INCH 5 DRU
36 INCH 5 DRIJ
UlTRAlITE
METAl-DRAUER

04/06/92
07/10/92

579.95

02/?!J/92
02I?!J/92

1,381. 31
592.09
538.21
538.21
2,006.00
866.27

02/29/92
02/29/92
11/16/93

01127194

ASSETS

NATIONAl

527.67
538.21
538.21
398. 60
538.21
538.21
538.21
538.21
538.21
530.89
538.21
592.09
592.09
557. 70
4,251. 20
534.21
557. 70
121. 54

573.75

7.075.79

36 INCH 5 DRU

02129/92

538.21

RETIRE DT

lililii

REPORT: BAI1A231

TIrE:

TAG

It

21:54:09

Fl

ROOM

MAKE

DESCRIPTION SERIAl II

UNIT

mjl

STATE OF TEJH:SSEE
PERSONAL PROPERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08108/2001
MODEl

FIN SVC DT

PAGE:
9
DATE: 08/08/01

STATE COST RETIRE DT

DEPTIDIV: 32944
LOCATION: 91023
HSAP 023
P40035
HSAP 023
P40129
HSAP 023
P40181
HSAP 023
P40272

***

LOCATION:

91023

LOCATION: 91024
lOA 024
J44473
lOA 024
P33185
lOA 024
P33206
lOA 024
P40179
lOA 024
P40283

***

LOCATION:

LOCATION: 91025
lOB 025
lOB 025
P40285
lOB 025
lOB 025
P40474
LOCATION:

***

LOCATION:

109,575

NATIONAL

BUFFER

5

02

109,575

SCOTT

5

14

87,660

SCOTT

NATIONAl

PRINTER, (PC) PI905AI030414
PAGING, RADIO 8:1CHARGER, Mll..TI
CABINET, FILINGIJ«lNE
CABINET, FILINGIIO£
AIR PACK, SAFETIAIR PACK
POlISHING 8: SCRl

91026

21

131,490

LOCATION: 91027
J44585
100 027 PRINTER, (PC) PI905AI030557
P33187
100 027 DESK & TABlE, UlCEr
P33201
100 027 PAGING, RADIO 8:1CHARGER, tIlLTI

SCOTT
RS,SSS

520
lEFT

MTl00
36 INCH 5 DRtJ
UTRAlITE 2

08/10/99

02119/92

07/10/92

02129/92
02129/92

336.02
579.95
573. 75
538.21
1,381.38
3,409.31

520

MTl00
UTRAlITE 2
36 INCH 5 DRtJ

08/10/99
07/10/92

02129/92
02129/92

336.02
573.75
1,381.38
538.21
2,829.36

520
MT100
36 INCH 5 DRl.J
36 INCH 5 DRY
UTRAlITE 2
17INCH

08/10/99
07/10/92
02129/92
02129/92
02129/92
12/28/93

336.02
573. 75
538.21
538.21
1,381.38
650.00
4,017.57

ASSETS

OKIOATA
DESK, TYPIST
MOTOROLA

538.21
115.44
538.21
793.04
2,5...'33.11

ASSETS

OKlOATA
MOTOROlA
NATIONAl
NATIONAl
6

02129192
02129/92
02129/92
02129/92

ASSETS

OKIOATA
MOTOROlA

4

36 INCH 5 DRtJ
QS1760A
36 INCH 5 DRtJ
MINUTEI'IAN 1500

ASSETS

OKIOATA
DESK, TYPIST
MOTOROlA
NATIONAL

PRINTER, (PC) PI905AI030416
PAGING, RADIO 8:1CHARGER, MI.l.TI
AIR PACK, SAFETIAIR PAC
CABINET, FILING11«lHE

91025

LOCATION: 91026
J44472
lOG 026
lOC 026
P33200
P40177
lOG 026
P40180
lOG 026
P40284
loe 026
P40514
lOG 026

40

NATIONAl

SHARP

PRINTER, (PC) PI905AI030412
DESK 8: TABlE, UlCEr
PAGING, RADIO &la-tARGER, Mll...TI
CABINET, FILINGIJ«lNE
AIR PACK, SAFErl

91024

J44483
P33205

***

CABINET, FILING11«lHE
CAlClllATOR, ElEl20002051
CABINET, FILIHG1NONE
SHAMPOO & BUFFI121280043

S20

lETF

MTloo

08/10/99

02/19/92

07/10/92

336.02
579.95
573.75

STATE of rt:J+IESSEE

REPORT: BA11A231
TIME:
21:54:09

TAG It

FL

ROOM

PAGE:
10
DATE: 08/08/01

PERSONAl PROPERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08/08/2001
DESCRIPTION

UHIT

SERIAl It

MAKE

MODEL

FIN SVC DT

STATE COST

OEPT/DIV: 32944
LOCATION: 91027
P40146
100
027
P40191
100
027

***

LOCATION:

91027

LOCATION: 91028
J44579
10E
028
J44599
lOE
028
P33208
10E
028
P40163
10E
028
P40176
10E
028
P40396
10E
028
P40466
10E
028

***

LOCATION:

***

LOCATION:

***

LOCATION:

***

LOCATION:

***

LOCATION:

5

40

153,405

SHARP
7

88

21,915

88

21,915

88

21,915

tETAL FINDERS &121906
VIDEO SURVEILLA174357

91032

21

43,830

520
S20

MT100
VC85240U
36 INCH 5 DRt.J
36 INCH 5 DR\.,l
19

08/10/99
08/10/99
07/10/92
02129/92
02129/92
02129/92
02129/92

336.02
336.02
573. 7S
206.84
538.21

538.21
231.66
2,760.71

MULTI STATION

02129/92

4,213.09
4,213.09

MULTI STATIGH

02129/92

Mll..TI STATION

02129/92

4,251. 20

ASSETS

CALIF GYMH

1

1. 381. 31
705. 74
3,576.77

ASSETS

CALIF. GYMN
1

02129/92
02129/92

ASSETS

APOLLO, CALIF
1

ULTRILITE 2
KG16DBUFFER

ASSETS

OKIDATA
OKIDATA
MOTOROLA
SHARP
NATIONAL
NATIONAL

GYMNASIUM APPAR1FITNESS CNTR.

91031

LOCATION: 91032
SALY 033
P40S45
SAl Y 032

P33038

109,575

GYMNASIUM APPARI

91030

LOCATION: 91031
P40382
llC
031

02

GYMNASIUM APPAR1

91029

LOCATION: 91030
P40147
11B
030

SQ-PRO

PRINTER, (PC) P1905A1030351
PRINTER, (PC) P1905AI030307
PAGING, RMIO &1CHARGER, MULTI
VIDEO PLAYER t 111841610
CABINET, FILINGlNOHE
CABINET, FILIHG1!'DIE
RECEIVER, TV & 1370992

91028

LOCATION: 91029
P40137
llA
029

SCOTT

AIR PACK, SAFErl

FLOOR MAIHTENAH122527

ASSETS

SEHTRIE
AVIllH£ARTBEAT ESOS201 REV C
ASSETS

4,251. 20

02129/92
03/10/00

3,926.50
48,000.00
51.926.50

RETIRE DT

STATE OF 1Et+IEsSEE - _

REPORT: BAllA231
T1I'E:
21:54:09

TAG

tt

FL

ROOM

.

PAGE:
11
DATE: 08/08/01

PERSOHAL PROPERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08/08/2001

UNIT

DESCRIPTION

SERIAL

tt

MAKE

MODEL

FIN SVC OT

STATE COST

DEPT/DIV: 32944
LOCATION: 91033
ANN)(
033
J02637
ANN)(
033
J02641
ANN)( 033
J44422
ANN)( 033
J44486
P33019
ANHX 033
ANN)(
033
P33183
ANN)(
033
P33209
P40033
AHHX 033
ANNX 033
P40103
ANHX 033
P40157
P40158
AHNX 033
ANN)(
033
P40193
P40197
ANt« 033
ANN){
033
P403S5
P40460
AHNX 033
P40502
MAIH 015
P40504
AHHX 033
P40S0S
AHHX 033
ANN)( 033
P40516
ANN)( 033
P40524
P40528
AHHX 033
ANN)(
P40531
033

***

LOCATION:

PRINTER. (PC) 12100014886
TV RECEIVER OR 129820027
PRINTER. (PC) PI905AI030328
PRINTER. (PC) PI905AI030409
DESK & TABLE. Ulto£(aJt.FEREHCE)
DESK & TABLE. UlcotFEREHCE
PAGING, RADIO &lCHARUER. MlLTI
TYPEURITER. ELE111-TRF92
AIR PACK. SAFETl
CABINET-SAFETY 100 SERIAL HUMBER
GYMNASIUM APPARlt1lT SERALIZED
TABlE, EXAMlHATlto£
CABINET, FILIHG1HOHE
AIR PACK. SAFETI
RECEIVER, TV & 1370997
DESK & TABlE. Ult1l SER HlJl1 AVAL
DESK OR TABLE. II01E
DESK OR TABLE, lHOHE
GYMNASIUM APPAR1FUTURE
CABINET, FILINGlt£IHE
COPYING MACHlHEI4M6403509
ICE MAKING & OIIU317-01~

91033

LOCATION: 91034
J44420
ADMH 034
J44429
ADMH 034
J44435
ADMH 034
J44464
ADMN 034
J44468
ADMH 034
J44594
ADMH 034
P05703
moe 034
P05705
TDOC 034
P33011
AOMN 034
P33012
AOMH 034
P33014
ADMH 034
P33015
AOMH 034
P33016
TRAN 034
P33020
ADMH 034
P33021
AOMH 034
P33022
ADMH 034
P33023
AOtIH 034
P33024
ADMN 034

59

482,130

PRINTER, (PC) PI905AI030333
PRINTER. (PC) PI905A10303750
PRINTER. (PC) PI905AI030758
PRINTER. (PC) PI905A6017650
PRINTER, (PC) PI905AI030JOO
PRINTER. (PC) PI905AI030309
CPU: MICROCOMPUTI6846BXH8A692
PRINTER, (PC) PI11-AYT74
DESK & TABLE. U1NOHE
RJRHlTURE, L0UH1HOHE
FURHITURE, L0UH1HOHE
FlJRHlTURE. L0lIH1HOHE
DESK & TABLE. U1HOHE (COHF.)
DESK & TABLE. UlltJ1£
DESK & TABLE. U1HOHE
DESK & TABLE. UltOE
DESK & TABLE. U1LEFT UELL
DESK & TABLE. UlLEFT UELL

22

OKlDATA

PHILCO

(J(IDATA
OKlDATA
TRICOR
TABlE
MOTOROLA
IBM

scan

FLAI11ABLE STG.
DUMB BELLS
RITTER
NATIONAL

scan

SHARP 19

CET
TRlCOR
TRlCOR
MUSCLE MASTER
FILE CAB

XEROX

OL810
19 INCH
520

520

12 FT-TABLE
8FT
MIl00
Ul-EELURlTER 2
UTRALlTE 2
METAL
UIRACK
104
42 INCH 5 DRU
UTRALlTE 2
19
DESK OAK
DESK OAK
DESK OAK

88550

METAL-DRAUER
5314 ZT

ICE 0 MATIC

07/01196
07/01196
08/10/99
08/10/99
03/20/92
02119/92
07/10/92
02129/92
02129/92
02129192
02129/92
02129/92
02129/92
02129192
02129/92
01119/94
05113196
05113/96
10/15193
01127/94
10/20/93
01111/93

ASSETS

20,950.15

520

08/10/99

OKlDATA
OKIDATA
OKlDATA
(J(IDATA
OKIDATA
OKIDATA
COMPAQ

08/10/99
08/10/99
08/10/99
520
08/10/99
520
DESKPRO PENTIUM 01107/99

OPTRA LASER

S 1255

TRlCOR
TRICOR
TRlCOR
TRlCOR
TRICOR
TRICOR
TRICOR
TRICOR
TRICOR
TYPIST DESK

398.60
231.66
336.02
336.02
1. 194.32
714. 75
573.75
508.37
1.381.38
557.70
534.21
727.31
592.09
1.381.38
231.66
599.95
599.95
599.95
4,600.00
866.27
2,040.00
1,944.81

520
520
395

08/10/99

01126/99

cotFERENCE TABL 03/20/92
SOFA
03/20/92
03/20/92
SOFA
SOFA
03/20/92
8 FT-TABLE
03/20/92
DESK. GOVERNORS 03/20/92
DESK, SENIOR EX. 03/20/92
DESK. SENlm EX 03/20/92
DESK. SECRETARI 03120192
DESK, SECRETARIA 03/20/92

336.02
336.02
336.02
849.63
336.02
336.02
1. 143. 57
1,225.09
714. 75
802.05
934.75
934. 75
714. 75
1,132.00

530.55
530.55
579.95
579.95

RETIRE DT

STATE OF TEt+£SSEE
PERSONAL PROPERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08108/2001

REPORT: BAl1A231
21:54:09
TIME:

TAG ..

FL

DEPTIOIV:

ROOM

UNIT

DESCRIPTIOH

SERIAL II

MAKE

MODEL

PAGE:

FIN SVC OT

STATE COST

3<...~44

LOCATION: 91034
ADf1'.I 034
P33025
ADMN 034
P33026
P33027
ADMN 034
AOMN 034
P33028
TRAN 034
P33030
ADMN 034
P33036
P33043
ADMN 034
P33044
ADMN 034
P33045
AOl'IN 034
P33166
AOMN 034
P33167
ADMN 034
P33168
AOMN 034
P33169
AOMN 034
P33176
AOMN 034
TRAN 034
P33181
P33190
AOMN 034
P33202
SORT 034
P33210
SORT 034
P33211
SORT 034
P33212
SORT 034
P33213
SORT 034
P40002
ADMN 034
P40003
ADMN 034
P4000s
ADMN 034
P40023
AOl'IN 034
ARM{)
P400S4
034
ARM{)
P400S5
034
ARM{)
P400S6
034
P400S7
ARMO 034
ARM{)
P400sa
034
ARM{)
P40059
034
P40060
ARMO 034
P40061
ARMO 034
ARM{)
P40062
034
P40063
ARMO 034
P40064
ARMO 034
P40065
ARMO 034
P40066
ARMO 034
P40067
ARMO 034
P40068
ARMO 034
P40069
ARMO 034
P40070
ARMO 034
P40071
ARMO 034
P40072
ARMO 034
P40073
ARMO 034
ARM{)
P40074
034

DESI< & TABLE, U1LEFT UELL
DESK & TABLE, U1LEFT lJELL
DESI< & TABLE, U1LEFT UELL
DESI< & TABLE, U1LEFT UELL
DESI< & TABLE, U1LEFT UELL
tETAL FINDERS &121907
DESI< & TABLE, U1NOHE
DESI< & TABLE, Ul!'DE
FlJRHITURE, LOtlUHONE
X-RAY MAOIINE, lMAIUPACKAGE-RM
DESI< & TABLE, U1LEFT UELL
DESK & TABLE, U1LEFT UELL
DESK & TABLE. U1LEFT UELL
RJRNITURE, L0UN1!'DE
FlJRHITURE, L0UN1CET
DESK & TABLE, U1CET
PAGING, RADIO &10¥lRGER, tIlLTI
PAGING, RADIO &10fARGER, Mll.. TI
RADIO, 2-LIAY RE1617ASL2021
RADIO, 2-LIAY RE1617ASL2020
RADIO, 2-UAY REl531ASHOl73
CALCULATOR, ELEl1D058572
CALCULATOR, ELEIlD058539
CALCULATOR, ELEl100S6700
COPYING MACHIHEl6U6012395
PISTOL, LAtJ ENFIBHV4903
PISTOL, LALI ENF1BHV4916
PISTOL, LALI ENF1BHV4930
PISTOL. LAY ENF1BHP2259
PISTOL. LAU ENF1BHV4987
PISTOL, LAtJ ENFIBHV2270
PISTOL, LAY ENFIBHV2424
PISTOL, LAU EHFIBHV4912
PISTOL, LAU ENF1BHTOO83
PISTOL, LAtJ EHF1BHV4858
PISTOL, LAU ENF1BHV2481
PISTOL. LAU EHFIBHV2478
PISTOL, LAtJ ENFIBHV4730
PISTOL, LAY ENFIBHV228S
PISTOL. LAU ENF1BHV4674
PISTOL, LAU ENFIBHV4784
PISTOL, LAU ENFIBHV239S
PISTOL, LAlJ ENFIBHV4830
PISTOL, LAU ENFIBHV4727
PISTOL. LAlJ ENFIBHJ2049
PISTOL, LAU ENFIBHV2427

TRICOR
TRICOR
TRICOR
TRICOR
TRICOR
SENTRIE
TRICOR
TRICOR
TRICOR
LINESCAN-SYST
TRICOR
TRICOR
TRICOR
TRICOR
SOFA
DESI<,TYPIST
MOTOROLA
MOTOROLA
MOBILE SPECTRA
MOBILE SPECTRA
MOBILE

SHARP
SHARP

SHARP
XEROX
SMITHlUESSffi
SMITHIlJESSON
SMITH/lJESSffi
SMITHlUESS(J./
SMITHIlJESSffi
SMITH \JESS(J./
SMITHlUESSffi
SMITH \JESSON
SMITHI\JESSON
SMITHI!JESSffi
SMITHIlJESSON
SMITHlUESSON
SMITHlUESSON
SMITHIIJESSON
SMITHlUESSON
SMITH !JESSON
SMITHlUESSffi
SMITHIlJESSON
SMITHlUESSON
SMITH \JESSON
SMITHIIJESSffi

[)ESI<, SECRETARI
DESK,SECTRAIAL
DESK, SECTRATAR
DESK, SECTRARIAL
OESI<,SECTRAIAL
DESI<, SENIOR EX.
HONE, TYPIST
SOFA
EGG ASTROPHYSI
OERSI<, SECTARIAL
DESK, SECRETARIA
DESI<, SECRETARIA
SOFA
LOlINGE
LEFT
MTl00
MTl00
MOTOROLA
MOTmoLA
SYNTAR
QS2760A
QS2760A
QS2760A
5365

38
38
38

38
38
38

38

38
38
38
38
38
38
38
38

38
38
38

38

38
38

12

DATE: 08/08/01

03/20/92
03/20/92
03/20/92
03/20/92
03/20/92
02129/92
04/28/92
04/28/92
04/28/92
06/20/92
04/06/92
04/06/92
04/06/92
04/06/92
04/06/92

02119192
07/10/92
07/10/92
07/10/92

07/10/92
07/10/92
02129/92
02129/92
0212.9192
02129/92
02/29/92
02129/92
0212.9/92
02129/92
02129/92
02129/92
02129/92
0212.9/92
02129/92
02129/92
0212.9/92
0212.9/92
0212.9/92
02129/92
0212.9192
02129/92
02129/92
02129/92
0212.9/92
02129/92
02129/92

579.95
579.95
579.95
579.95
579.95
3,926.50
530.55
579.95
934.7S
22,150.00
579.95
579.9S
579.9S
934. 7S
934.7S
579.9S
573.7S
573.7S
1J256.43
1,343.98
2,354.05
115.45
115.45
115.45
22,6r:;J.7S
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64
232.64

RETIRE OT

OF tENNEssEE

REPORT: BAl1A231
21:54:09
TIME:

TAG It

FL

ROOM

STArE
PERSOHAL PROPERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08/08/2001

UHIT

DESCRIPTION

SERIAL

tt

MAKE

MOOEL

PAGE:
13
DATE: 08/08/01

FIN SOC OT

STATE COST

OEPT/OIV: 32944
LOCATION: 91034
P40075
ARMO 034
P40076
ARI10 034
P40077
ARI10 034
P40078
ARMO 034
P40079
ARMO 034
P40080
ARI10 034
P40081
ARMO 034
P40082
ARMO 034
P40083
ARMO 034
P40084
ARMO 034
P400as
ARMO 034
P40086
ARMO 034
P40087
ARMO 034
P40088
ARMO 034
P40089
ARMO 034
P40090
ARMO 034
P40091
ARMO 034
P40092
ARMO 034
P40093
ARMO 034
P40094
ARMO 034
P4009S
ARMO 034
P40096
ARMO 034
P40097
ARMO 034
P40100
AOI1H 034
P40101
AOI1H 034
P40117
AOI1H 034
P40118
AOMH 034
P40121
AOMH 034
P40124
AOMH 034
P40126
AOI1H 034
P40131
AOMH 034
P40178
TRAM 034
P40183
AOMH 034
P40186
ADMN 034
P40192
AOMH 034
P40200
IA
034
P40251
AOMH 034
P40254
AOMH 034
P402SS
AOMH 034
P40256
AOI1H 034
P40257
AOMH 034
P40258
AOMH 034
P40259
ADMH 034
P40260
AOMH 034
P40261
AOI1H 034
P40262
AOMH 034

PISTOL, LAU aF1BH1J229O
PISTOL, LAIJ aF1BHV2437
PISTOL, LAW EHF1BHV4789
PISTOL. LAW EHF1BHV2241
GUN. SHOTGUN & lA344719M
GUN, SHOTGUN & lA34428SM
GUN, SHOTGUN & lA3447S6M
GUN, SHOTGUN & lA344698M
GUN. SHOTGUN & lA344712M
GUN. SHOTGUN & 1A34474OM
GUN, SHOTGUN & 1A344746M
GUN, SHOTGUN & lA346598M
GUN, SHOTGUN & lA3447S4M
GUN, SHOTGUN & 1A344702M
GUN, SHOTGUN & lA344306M
GUN, SHOTGUN & lA344717M
GUN, SHOTGUN & lA34470SM
GUN, SHOTGUN & lA347168M
GUN, SHOTGUN & lA34474SM
GUN, TEAR GAS &1978
GUN. SHOTGUN & 1650715
GUN. SHOTGUN & 1650720
CABINET J FILINGlt«l1£
CABINET. FILING1HONE
CABIHET, FILIHG1tD£
CALCULATOR, ELEI20003641
CALCULATOR. ELEI20003631
CALCULATOR, ELE12DOO3671
CALCULATOR, ELE120002191
CALCULATOR. ElE120002211
CALClLATOR. ElE120002231
CABINET, FILING1HOHE
CABIHET, FILIHG1tD£
CABINET. FILING1HOHE
CABINET, FILIHG1HOHE
VIDEO PLAYER & 1156468GIA
TYPE\.JRITER, ElE111-TR023
CABINET. FILIHG1HOHE
CABINET, FILING1HOHE
CABINET. FILING1HOHE
CABINET, FILIHG1tDIE
CABINET, FILIHG1HOHE
CABIHET, FILIHG1tD£
CABIHET, FILING1HOHE
CABINET, FILIHG1t1lHE
CABINET, FILIHG1HONE

SMITHlUESS(j.I
SMI THlUESOH'!
SMITHlUESS(j.I
SMITHlUESSOH
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON
REMINGTON

FEDERAL
RIOT GAS
RIOT, GAS
NATIONAL
NATIONAL
NATIONAL

SHARP
SHARP
SHARP
SHARP
SHARP
SHARP
NATIONAL
NATIONAL
NATIONAL
NATIONAL
PEARL, RECORDER
IBM
NATIONAL
NATIONAL
NATIONAL
NATIONAL
NATIONAL
NATIONAL
NATIONAL
NATIONAL
NATIONAL

38
02129/92
38
02129/92
38
02129/92
38
02129/92
12 GA 870 MAGNU 02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92
12
02129/92

298

02129/92
02129/92
FEDERAL
02129/92
36 INCH
02129/92
42 INCH
02129/92
42 INCH
02129/92
QS17060A
02129/92
QS17060A
02129/92
QSI7060A
02129192
QS17060A
02129/92
QS1760A
02129/92
QSI7060A
02129/92
36 INCH 5 DRlJ
02129/92
36 INCH 5 0RtJ
02129/92
36 INCH 5 DRlJ
02129/92
36 INCH 5 DRlJ
02129/92
OLYMPUS LlOO
02129/92
PERSONAL II
02129/92
36 INCH 5 0RlJ 02129/92
36 INCH 5 0RlJ 02129/92
42 INCH 5 0RlJ 02129/92
42 INCH 5 0RlJ 02129/92
42 INCH 5 OR 02129192
42 INCH 5 0RlJ 02129/92
42 INCH 5 DRtJ 02129/92
42 INCH 5 DRlJ 02129/92
42 INCH 5 DRlJ 02129/92

FEOERAl

203A38
203A38
5 0RtJ
5 0RtJ
5 0RtJ

232. b4
232.64
232.64
232.64
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
230.59
n3.00
337.84
337.84
538.21
592.09
592.09
121. 54
121. 54
121. 54
121. 54
121.54
115.44
538.21
538.21
592.09
592.09
169.25

508.35
538.21
538.21
592.09
592.09
592.09
592.09
592.09
592.09
592.09

RETIRE OT

:(!;!.t
STATE OF TEJ+lESSEE

REPORT: BA11A231
21: 54: 09
TIME:

TAG

*'

FL

ROOM

PAGE:
14
DATE: 08/08/01

PERSONAl.. PROPERTY ITEMS BY LOCATION
AUTHORIZED ASSETS
FROM 01/01/1960 TO 08/0812001

UHIT

DESCRIPTION

SERIAL

*'

MAKE

MODEL

FIH SVC DT

STATE COST

DEPTIDIV: 32944
LOCATION: 91034
AOtIH 034
P40263
1. A. 034
P40264
AOtIH 034
P40269
ADMH 034
P40270
AOMH 034
P40271
TRAM 034
P40275
TRAM 034
P40276
IRAN 034
P40277
P4027B
TRAM 034
TRAM 034
P402BO
P402B1
TRAM 034
ADI'tI 034
P402B9
AOtIH 034
P40291
AOtIH 034
P40292
ADMN 034
P40320
P403B6
AOtIH 034
P40413
ADMN 034
P40417
ADI"tI 034
P40450
AOtIH 034
P40455
TRAM 034
P40470
AOtIH 034
P40479
AOtIH 034
P40509
ADI1H 034
TRAM 034
P40521
P55885
TDOC 034
P91174
TDOC 034

***

LOCATION:

***DEPT-DIV:

SHARP

CALCULATOR. EL£11D052769
CABINET. FILIHG1HONE
CABINET. FILIHG1HONE
CABINET. FILIHG1HONE
CABINET. FILIHG1HOHE
GYtIHASIUI1 APPAR1FITHESS CEHTER
GYMHASIUM APPAR1HONE
GYMHASIUI1 APPAR1119106050
GYMHASIUI1 APPAR1119106041
CABINET. FILIHGltO£
CABINET. FILING1HOHE
CABINET. FILIHG1HONE
CABINET. FILINGltO£
CABINET. FILIHG1HONE
CPU: MICROCOI1PUT1B852T
CABINET. FILING1HONE
CABINET. FILING1HOt£
CABINET. FILIHG1HONE
CALCULATOR. EL£110056769
PRINTER. (PC) 11621242X
CABINET. FILING1HOHE
CABINET. FILIHG1NOHE
TYPEURITER. ELEll1XTF29-60072
CABINET. FILIHG1HOHE
CPU: MICROCOI1PUT1S6826BQ33J233
PRINTER. (PC) P1SG73A13047

NATIONAL
NATIOHAL
NATIONAL
NATIONAL
CALIF GYI'IN

QS12760A
42 INCH 5 DRlJ
42 INCH 5 DRlJ
42 INCH 5 DRU
42 INCH 5 DRU
MULTI STATIOH

Dt.r1B BELLS

IJfRAO(

BIKE. EXERCISE
BIKE. EXERCISE
NATIONAL
NATIONAl
NATIONAL
NATIONAL
NATIONAL
GRAFIKA
NATIONAL
NATIOHAL
NATIONAL

SHARP
SHARP. LASER
NATIONAl..
NATIOHAL

~
~

5 DRU 36 IN
5 DRU 36 IN
36 INCH 5 DRY
42 INCH 5 DRU
36 INCH 5 DRY
OCM142B
36 INCH 5 DRY
36 INCH 5 DRY
36 INCH 5 DRY
ZS2760A

JX95000H

05/19/92

02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129/92
02129192
02129/92
02129/92
02129/92

36 INCH 5 DRtJ
36 INCH 5 DRU
IBM
1000 UHELUJRITE 11/19/93
FILE CAB
tETAL-DRAUER
01127/94
COMPAQ
DESKPRO 4000
07/02198
HEUlETT PACKARD DESKJET340 PORT 06/26/97

115.44
592.09
592.09
592.09
592.09
4.251. 20
534.21
589.88
589.88
538.21
538.21
538.21
592.09
538.21
1.244.52
538.21
538.21
538.21
121. 54
746.99
538.21
538.21
540.00
866.27
1.508.75
348.00

95 2.980.440

136

ASSETS

117.258.63

329443.901 1.395. BOO

520

ASSETS

647.703.33

8.063.901 1.395. BOO

520

91034

647.703.33

RETIRE DT

Employee Dishonesty

N.m~

Insured:

See Arw:hmcnt J to Appendix D -lnsuran«

Quote blanket emplo)'ff: dishollCSl)' (Fidelity) to\'eagc

,

Umiu:

All minimum, S50,OOO per loss

SrQpc of COHnge:

1.

•

Include I F.ithfu] Performance Rider to covet the
malfeasance, misfeasance. or nonfeasance of duLies of
the Conuactor•

Noti« of(lC("utre:nce:
Whm an occutre:nce takn pIa« ....Tinm notice shall be
gi\= by or on behalf of the insured 10 me Com~y or any
OfllS .uthorized .gents as soon as practicable after an
accident or occurrence bcwmes kno"'tl to the Risk

Manager.
3.

Failure 10 file notice;
The rigbts of the inswed shall not be prqudiced if there is a
failure 10 gi\~ notice of an OCCUITCDCe or incidenl due 10
ilUOdvmeltl ttrOr or omission on the pan of the insured..

4.

Include Employee Bmdil Plans as IllSIUed.s.

Page 22 of 3]

State of Tennessee
Department of Correction
Proposal Form for Appendix D - Insurance
General Conditions
90 day notice of CII""elletion

v..
--Yo.

malerial cllI"'ge

- - V..

In~LJf'nc.e CCITIPIIny eli~lbllity

--Yo.

ncr\-,enewal

COnllaCIO, and fn'L1I'a""e company ••""en
Named IrI5l1,ed (5 •• AUtl""."11 to Appendi. D· Insutance)

Yo.

V..

Workers' Compensation
Cov..age
Urn••. 51.000,000 I \.000,000 I \,000,000

,

S,at•• Co",,,.d:

"

l ist.nyother

\

Scope 01 Coverege,
IrlCludes:

1, Dlht' slat.s Insu,ence
2. Voluntary compen••lton

Yes
Yes

No
No

3. Foreign v<>luntary compensation endorsement

Yes

No

4. U.S,L.SH. e""tnamenl
5. E.c••• repaltiatiOl1 expense ccve",ge

Yes
Yes

No
No

S1OO,OOO ~mlI
6. Endemic d;••Me "'....
7. Stop gap (en monopolistlc Itet••)
e. FELA

Yes

No

V..
Yes
Yes

No
No
NO
No

'.9.

=='1'..

9. Waive eclion$ egains, Sl.te <>1 renr>essee
bpefi."". mod:

_ _ Ye'~NO

InleI$18'0:

General Liability ExclUding Products I Completed Operations
Coverage:

___Yeo

No
___Yes-No
Yes
No

ComPfehe~s"'e 10,",
Comrne'clal lorm

Occurrence bas;';

Scope 01 Cove'age
InelLJdeo.
\. Bla~ke\ co~\,acluol ~3b;lily
2 IMtl"'nden\ «)~"aelon;
J Employees 8S ;n.ured.

".
,,,
Yo.
Page 2301J\

In/UIY

_Vel

No

_V,s

No

5. Liquor a.baIy
B. fh "'gal. 31.(100,000
7. WIN" ohubrog.1icn
•• NcIIH>wnI'd wI_II
No lInglh kNIllllon
II. E.l_d IlOdIl' In/wY
10. lnI;ldenIaI......sc..l ......!"'Ktlce
1', Wuoldoold.CO".,.
12. Dell:. X. C ...., U .~ (II wffl
13. Broadlormproperty~
1•. o.IitIe _ltd ptam/lles.~
15. N~ 01 DCQIITIIfg
16. 8lll.... eI ~ ~
H. Ctou 5abMy

_Yes

No

_V"

No

•.

P.~IInjuty.ncl.d",";tlng

EmpIoymoni ..dinOon 0,""6
c.orw.tl.....
,.c;lJslon deleted

, . . _ _N.

_Vel_No

_ Y I J _ _~

-_V..

....
'H __N.

:=Yn
Yes

_'H
_'H __N.
__

_Yes_No

No
_Vu_No
Ves
No
_Yes_No
__ V,"_No

,e. Ertcn _lIfIis.~

_ _Yn

20 Aggr~_pet~

...... ..-

P~"+-Ytolndude'

Merulq.,ry

,

Hul,"",!ioo.
~

,

NO

'H __ No
Yes_~~
'H
_
_Yes
No

11. EmPoye. _liIIliIlllIty
21.

No
NO

_YH==No

,." Cllht< q...y 10 "" 1oteliniI"'PUlt\>Otl '" • ",turai per50tl
2l. 0eltIe _
"'Cllc'I" e.odusion
23. f .... lIOr-noIioI..-..........

YK

NO

'H __N.
_ _ Yes_No

2•. SUCden"'" acddenlel polkllion

Ves
NO
_Yes_No

n. SeIU81 _llTIOlBliloOn_~
29. CMI rightf _ _

_ V. . _ N o
VIIS_No

__'H
__'H __ NoNo

25. ~ put:Ibhong utU.ion ~
~. WorI!Mde bUl5
21. Medical and F'f<*sl.ionlll btIIiqr

_ _Yes

3O.~diH*"

31. FwlI/Ye ~
32. UnlimIIe'd de!«lf" In ~ "' ....

NO

'"
No
' " _ _No
'H _ _N •

SS........... to BaneI\' n • coYe.-d ad

.-

CorroP'e/'oe<""" lorm;
310,000.000 Csl
S , .000.000

===
"""""" ========

.mplDyet bf:nel1lllilbllily

C......... 'ciIl torm:
S 5,000.000 occurrenu
$10.000,000 .gg,egalt

P1emlum,

Products Ilrld Completed Operations Liability
CO"""gt
Ccmprlt>enli•• torm
CO...".Tcilll<;llm

o«"".ncl b",il

Pege 24 o! J\

......

SCopt' aI ee-r~;
I. lllIt*el c:onlr_ _
2. El, ...., ••I .. insuf_
3.W"01I~

•. WcMwk\e_.
5. Illwdbm~~
5. F"b!on 0 IT'DIified
E"Ii'"m Z ulOdi6ed
Eoduslan L '" l ' "
7.t.l,*-0l'_

•. 8.......1 1 1 . _ Nutecls • 'e """ I
8.
10.
'1,
12.

Ctosl.'~

EttQr11l11d OtI'isslons
F..... lOgiIoenma
W.....,....;d. balls

Llmlts:
CompreMn,j~ lo<m:
$10.000.000 CSt

DeductibHl:
Premium:
CemmtrcllllOflTl;
S 5,000,000

,

S10,OOO.OOO

,

occurrence
Deductible:
Ptemlum;

"QQ".lte

Business AUla Liability

CO"'R autos:
U.t>ilil1 • IymbOI ,
UM _ $ymt>oIl0
PIP • symbol,O

.....

SCol>e 01 Coverage'
~

1. NolUofeaidenl
Z. F....... to
no:Jlie<!,

rc

3.~KIbiily

'*""

.... ~..- r.~ '"
",Ilu
.
~
.
~
£non _ 0mi$$i0nS
5. '
j'ClID,.eeu......... dfteted
~

7. Ei
_
.. ~iallIily
• Non ~ MI\CImDtIie ~

L.mitt:
$5.D00.0CIlI CSt

:=======:
:========

Owned and Non-owrted AIrcraft Uabllity

-- ".
Vn

(loomed ia1;lijly.-..oDe

Hon-owned ialliily-.g.e
SCope ct eo-~:
1nct.ocIe5:
1. Ilodly Injury. PfOlMI1'ty clt""O' ,roc! memal .~h
2. Bodly Injury • ~1I.ng'f$
3. Cl,ln'I$ oIemploj""
4. COllerlgo lerrllory' wof1dwlde
~.

Spetlf)' oUI e.p.c!t)I w.".nl\l

6. Contraetuallillb!lily

7. Notice ot OCCUIT.nee
Premium:
510,000.000
520.000.000

(number)

No
No

-

No
Yo.
- N.
- ".
N.
=:"'..
N.
V"
.
-_V,.
". -- N
N.
- V" _ N .

IImlI
Iimll

Urnbfella J Excess liability

" _ v..

t. Policy-Wegate
~

5l>eQly

fa

2. "Pay on Ilehall d' Fonn
-----s. l'l'...ednsl,ftd"l*_""lIllO~O-""""""'"
t. FoIGw
II"I'I'*'l' ...-Ions

,

kml"

Vel_No
_Vel
No

_Yes

No

,
5. Fir.i\ do~" dtfenSI
6. O.rense 1rI •• CIU or 1111I1I$
7. Zero 5.lf·...u'.d 't1lntk>n

t. Us\1ICIIKOnC"",nl (wlth Pl'\mIIry)
Terms, concliliOll1 at ~Iioru;

V"

V"
_VII

~

Direclon and O!fK:efS

occun,""" CO>IeI'.g.
l\I

o;redO'S and Off"

Corpotell r.itnt>u<se

nl

P.g, 260131

V"

No

V..
Vn

No
No

WA
WA

~oICov ... g.:
~,

I. WtongIUI.adefine<l
2. ~I. pril:o- _
3. ~Iion on .ppliclllion wi! fIOl vclcl .......g. b alIlnsur.d.
e. PoIcy~ 100% . _•• 01 i.letIlion
5. Diocrirnll'I:Ilion cov.rage
5. ~Of.~ry~_
1. F..... h~hwtatICe
,.~Perio¢

CoO

"""""

_ INuNd canc:ele

II.
10.
11.
12.
13.
1•.
15.
16.
17.
II.

,

.. porIed ~ poIicy ........ got
F...... IO"enoee.
~"'lruIl • .oduslon
_
..... btoulIhl br lIO'",o''''1l$
e -.........e < l _
lnsI6.d _ _ .......... delmI b...-onglul MOn. ,
uerilaI ENIe ~
~ RICO ••.... rslon
Wl'otlglul _

E*I' ........

En.... ,......~ Pndic.. u.bMy

--,

..

,'" -

No
No
~ Y..
No
--No

'" - NN..
-,"
- -'"
- -'"

..'" -

-,"
,'"

N.
No

N.
No
No

N.
-," - No
- -'" - - N.
No
- -'"
No

'"
,'"
'"
". -

..

No
No
No

~and

... leO"O .. •
$10.000.000 ....... 8lI;t~

,

"""
Envlronmenlllimpalnnent LlabUlty

..
..

,'" '"
,

cc....... gradl*
~

.•- . ."ticl'"I"

Oc:a.oftnoe _egot
~ 1oc.eIione:

1. ~ Ioc.lIIione •• letemenl 01 "'.....
2. ~ Job .iIeIi
3. $JIecifIeCI elk.

'"

"""""'
5<:ol>e

...

ot cov.regot:

~.

pt.""'''

1. 0rJ0tf
~eflUll cae" incIudi'Ig COfI.<:tM! ection
2. EmplOyee••• insute$
J. l'l'loI.ete cowofege (~cIa .... ""de)
e. D11lense in eddiliOtllO lhe"'~
5. Compllence ....'I~ EPA requlrernent.
6. E>1cnded r.pCflong ~o",.icn
CO.I
Dur'l"'"
il Insur.d "ancels
P,gc21Ql31

......
".
".
".
,.. -

,,
,

No

N.
No
No
No

N.
N.
N.
N.
N.
N.

N"

N.

N"

""

-

........._ - - 55.000.000 Incident I S10.OOO.OOO ~
Property I Boller & Machlnery
Named h$l.nd:

~

IIti

AlIa:I.,... 11D

~0

• n..nnc.e

_Va_No

~CIf~:

,.

1........ ~ awerage pooSded

2. Oou llIICO ~ 1he perl of F100cl

-Yes

3. Does qu<ft IndI,Ide IIle petl of Earthquel<•
•. \I _ • • on • Re;>.If _ Rtplacamerl 8_.
6. "AueclmMlc RelnNlemenl 01 LJniIs In<:ll.<led
6. Wh&1 con..... nce % is lIH<l

'"
-Ye
s

,.... ........,
8.
II.

10.
11.

\2.
, 3.
1~.

include b<JildW"II
Does QI,IOlI include ollice .q,,"~
Does qU01elndllde EDP l'\posU'U
Don Quo,e lndlld••Uoft>er t;O/lltnll
Dou quolllndllde boiler & maclllnery '~U""
Does qu01e include 1f,,,.lt
Doet Quul.lnclUode eWe .xpense
Does~.

'5. Doe. Quole Iroclude •• pedilin~ .<pent.

,

, 6. Dou quo,. ""'Iude .ervlce lmelfVPllot' lot .U 1ll;11tte.
H. DOli quoit ir>I;~ contiI>genltJ<\lI i"l"'''"

16 00.. quolll ncJude b<rIiness InlefTUl)t>on ~ «d..... 'l' l'aY'oII

111. 00. . queli lrIcIude olfsile lto<'lll
:xl. OW. QUOte iftdude 'fforl .,.., orriulons
Doe_ QUOIt Indl.Ide
bnl.kdown .. eleclric.tl .,Qng
22 Doe. QUOlt _
poIUtico'I...,.;! contatnitWlorI

2'.

mecM"'"

23. 00"-'" _

~

1lfCIPWlY'" Ii''llb!'tes

2(. Oou quolt _
COI'IIing6II buslnellll'lltrnJpllon
25. WtI ....... petmil_O'IslnnoI?
0t<U:IiblI(~)

...... -...

_

Plge 26 oT 31

Revrsed 10/8.'96

No
No

" .. - N o

No

VII-No
- - Y.. - N o

--Yes-No
-VI'
No
-Ve.
No
-Vi.
No
_ V.. - N o
Yel
No

V"

Ne

Yn

No

vu

No

==V,,==NO
" .. - N o
-Yel
No
-Vel

No

- Y.. - N o
V.. - N o
V.. - N G

--'a

No

-Va_No

Employee Dishonesty
As. pel" ~ I

to~

D - ns..nnce

BlInk,t "i~" ~(F"oMliIreo..r'll"l

Vii_No
_Vu_No

Yn
No
-Yn
No
-Yn
No
Yn - N o

1. Is hllhlul Perf_nee ~r Inc:luded?
DoIs.1ncIt.oSe MlKelS.nee?
DoIs. indude Mistusance?
ODes. indude Honlun",,'?

Y"

-

3. F.llureto fJe noIicIi
•. Indudu Employee Bener.l PI.ns I i InsUfeds?
....

-

No

Y"

No

Yo •

No

Vu

No

Ptlrnlurn:

,
Professional and MediC31 LIability
(N"",etJDoctorotCounselorstPsycl'lologlslelSoclll WOt1lefs)
As. per A:lK/'IrnenlI to ~ D· Insurarg
5c.ope ol CoYet.ge:

1. laOCCUlNflCl CO>'i~ ~
2. .. no. cIoa ......... c!e """'" _
For_ period ollime

3. F.. Prio<_

•• - ; ;
••;~
. ...... prcMsion

.,... co•..-ge?

,.......

Yn
Yn

.....

II k'lsurad o;anceIa

55.000.000 eacll occ:urrence
510.000.000 annu.1 .gg.t9Il'

No
No

No
Yn
:::=VU - N o

Cn>

""'-

--

Yn

.

~,

~,

~,

Deviations from Spedfication$:

In1~'"nce Cc~nles Utilized,

Cgl't"gl
(Ind~\e

mend.lO<y groupings)

,

Oou rc<a' IlQanlIIaVt ~ -.:wiIJ' - . lad'I _

y" _

utilzed II'IIhis p<apIIUIl.

... iI9IfIC)" egr--..: doI$ nee IldIt, one! di>< lie
one! mo5ng .ddre1$ ct .. b1nnce CCfT1II/lY d'4JIc,~e .........., to t n : l - . en:!
(:ClUrolerslgtl pekoes .... Il'.r bI/'Id,
No _ ' If ncl. Irl<IiQ\oI _

~I, tille,

~

tot _

lruurarn:e Ag.nt I Company Empleyee:

Addr...:
Phcne Number.

SOgnawre:

Nete: Musr be lin lI.nnerized ,epre.enllltJve or employ" ef th. tnslInmCII Com,clIny wile I>lIs t>itldinQ IW.ortry.
11 metlll/llln enll Compllny Is USld, UlIcI1l1n IIl/lho1i;!lId sigtllllure tot uch.

,

PlIge31et31

•

'.

LLOYD'S

or LONDON UNDERWRITERS

SPONSORING SYriDICATLS &: MANAGING AGEl'o'TS
S)'DdiCIl<

"ul!Ih..

}
21
)]
l~

.ell
.;

4'
'I
52

51
55
61

79

I_Gr=lJd
Gamm.U Kcnha."&: CClnpUI>"l1d

IU
III

C I d< RloJ,tmOIIl & Co1llp~' LI4
SNr,< NOll-MaM. S!'hl1ic:a1( Mm1rmu:1Il1.l4
II. J KIln 8: C~' l.Id
MM,,". (l1C,"<f1 UIW ".<nul LIll

172
173
171
179

,

CWnnDwlll/Ddtn.ritiIlI A~·1.l4
MurRy 1..I"Tma .t PlMm LId
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Appendh: D - Insurance
Slate of Tennessee
Department of Correction
General Insurance Specifications

Insurance' Company Eligibilit)'
Prop)$a!5 "ill be kUpted from Bidders "'iIoK insurance companies ~ authorized to do
business in the State of Tennessee, having.a Best's Rating of-A· or bc'lter, and a financial silt of
"elMs VIII" 01 bencr, in the laleSI edition ofBcsrs Insun,ncc, Reports. Any deviation from lhis
rcquircmcni mUSI be requested in "rririog b}' Octobu 18, 1996 and will necessitate prior "'Tinal
approval from the State ofTcMessec, rkpanmcnt ofCorTcetion. Such .ppro,·al "'ill be issued in
the form oran Addendum \0 the RFP. Any non-admitted inrorcr must be on the CUlTenl
appro\"cd Hst ofthe TCllllcsscc DcpartmcOi oflnsurallcc. Acopy ofthe J 996 White List is
anached for row- teference.

,
,

Conlraclor and Insurance Campan)' Services Required
The follo"ini liS! of minimum Kl"ices required mUSl be pro\idee! by \he sUCC0i5ful ConUX1or'S
ins~e agent andfor b)' \he ins1Iml«' compan),ies):

I.

Qualified loss eonuel pcrWnnel, either empIO)'ee5 orqualified indt:pendc:nt
COnlJ1lctors, muSl make inspcaions ofthc insumllocations for loss prevention
purposes for third party and employee expo$IUe5. If an independent COlltraelOr
is used, that orsaniulion muSl be: identified in the proposal.

2.

A quanerly salUS of ill claims occumn\l with rcspeclto workers' compensation,
il~neralliabilily. and business automobile liabilily insunnee mllS1 be: Sllbmitted to
the Stale o(TeMessce, Depanmenl o(Corrcction. These repons must include at
leaS1 the (oUOlling information:

a.
b.

c.
3.

Amount of claim paid and/or rescn-ed;
Claimant information; and
Cause and description ofacrident.

The CC;mr3C10I must prepare an lllIl1ualliSling ofilll SUIte ofTenne5SCC.
Dcpartmem of Con-eclion insurance policies involved Ilith this project
including a discussion of the cO\'erage provided <md the estimated annual cost
of nch policy.
PaJ!.e I of 31

-

•

4.

At lem thirty (30) days prior to eaeh poliey annivcnaty .:ble, tht Coolnletor must
provide Sute of TmIle'SS('C, Dcp.arunml of Cornct.ioo with renewal infotmlltion,
induding c$l.i!mtcd rroc...'<I! premiums and S\I(;gc:stcd coverage changes.

5.

The Contraelor must provide constant monitoring orall companies providing
coverage for Stale ofTcnnesse:c, Ikpartmcnt ofColTtClion to
that the
carriers arc financially sound.

6.

=

The Contractor must furnish continuing advice and counsel to the Stale of

Tennessee, DcpanrncnI ofCorrcction as required.

Specimen Policies
Proposals "ill ~ accepted ani)' if accompanied by sprtimen policies, 5ho"'inS a111rnns,
conditions and uclusions as well as a1U 10 be used (m audit JlWP05e$. Blank fonns Ill'e
Itteptablt pro"ickd lIlal all notes are silo",,., for .udiuble CxpoSIIJU. Rates may be sbo....n eiihtr
on the policies Of on. 5qlantt page.

,

Ca ocellationINon- Renewal

,

Unlc!i5 othCf'lol:IC instructed, all policies slull be endol'5f:d ....llb an agreement thallhc company
\IiI: l!ive ninny (90) days prior "'Tinen notice, by registered mail 10 !he SUle ofTenn=e,
Depanment of Correction. orits inleDlion (I) 10 cancel, nol r~ew, or make any malerial change
in the current eoverages or premium~, or (2) 10 make any malerial ehange in the eovcrage~ or
premium~ on renewal of an)' policy.
]lroposals
Proposals mUSI be indicaled as 10 separate types ofinsvn.nc:e, although proposals may be for 1III)'
paekage polic)' or mandalory groupings ofcoVi:rage. We havt: enclosed a "Premium Propo.sal
fenn" ....ilich must be returrK<! with the proposal, Individual premivms and combinations of
premiwns, 10 the extenl applicable. must be indicaled thereon, or 011 a reasonable facsi.m.ile
thcrrof. Proposals ....ill be C'OIlSidercd as binding for the first)'eM of coYaSSe. acept fot
ehanll.CS in buards or D:posure units oeewring after the iDCqJlion of the insuranee.
The limiu ofliabiliI)' and !he scope of covenges indieiued are suggl:Slcd by the Stale of
TeMcssee, Dcp;utrnent ofCorm;tion as a stattinll. poinL E\'I1ualion ofptoposab ....ill we inlU
eonsideralion dnialions from the enhanecmenlslo the lnswance Specifications as set forth in
this Addendum 10 Ihe RFP.

RC'iud 101819(,

Review of Insurance
It is intended that all insurance will be reviewed for contract compliance. However, the State of
Tennessee, Department of Correction reserves the right to reject aU or any part of the insurance at
any time. The review of insurance ",ill be based upon:
l. Scope of coverage;

2. Company financial slabilily, experience and industry standing: and

J. Underwriting, claims and engineering services.
II is considered highly desirable to place all of the insurance coverage ",ith one principal

com pan)'. Therefore, proposals ",ill be evalualed on an overall underwriting basis but the State
of Tennessee, Department of Correction may require any combination of coverage as it sees fit.
Tbe limi15 required br Ihe Slate ofTennessu, Department of Correelion are Ibe minimum
limits acceplable. Howenr, these limits are 110110 be construed as being tbe niaximum any
prospecti\·e conlraClor mar wisb 10 purcbase for tbeir own benefil.
Nothing herein shall in an)' wa), limil the righl of the Stale of Tennessee, Dcpartment of
Correction 10 recourse to the fullest extenl pennined by law.
\

As respects the tala I Ii mit5 of liabilil)· requested, I n)· com biDatioD of primary IDd/or
urn brclla cO"crage mar salisfy those tOlah. H o'''C''er, If I n u m brelJa is used, co"erage m usl
be at leaS! as broad as the primal")· coverages.

Named Insured
Sec Attachment] to Appendix D· Insurance found on page 4 onl.

Signature
All proposals will be considered as binding the insurance company. Therefore, each "Premium
Proposal Fonn", or a reasonable facsimile thereof, should be signed by the Contractor's
authoriz.ed Insurance Compan)' representative who has binding authority.

Instructions
Pages I through 22 provide details on the scope of coverage specified in this RFP.
Pages 23 to 31 should be compleled and relumed in accordance ",ith the Time Table as SCi fonh
on page 7 of RFS97·329.44·001,

Pase] of 31

Attacbment I
to Appendix D -Insurance

Named losund

The Contractor; and as respeeu daml.ges and ckfeme of clainu msins froll1:
(.) 'eli"itits performed by or on behalf nfthe Contractor, (b) produCl$ and compJel~

operations orlhe Contractor, or (el premises ov.l1cd, leased, or used by the ContraClor;
any subsidillf)', affiliate, division or subdivision, COlJlOnllC or othcrv.isc, &$ may now or
herealkr be constituted, and an}' othel cntity ofwmch the named insured &5sumes
nwJaltcmeol control;

,

Include as an Additional Insured:

,

Stale nfrennessee, Dcpanrncnt ofCornction, and All State Officers, employees, and

,"oluDteers whether in their official or individual capacities
•.

in areas where the SUle ofTcnnnsee, Dcputmcnt of Correction, and
All SUle Offi«rs, anplo)'«:l, and volullIttrS "''bc1htr in wir official
or indhidual capatities arc not prole<:\I:d by immunity

b.

up 10 the limits ofSJOO,OOOISl,OOO,OOO in tJUS where the State's 10n liability is
limitcd by T.eA. 9-8-307(c) as it may be lIJllcndcd or construed by thc courts
andlor claims commission.

Pagc40f 31

•

Workers Compensation

Named Insured:

Anachmenlilo Appendix D -Insurance

StatutOI)' workers compensation and employers liability insurance.

Limits:

Employers Liability $1,000,000
Insurance

per accident

$1,000,000

per employee di:;ease

$1,000,000

Policy limit disease

or as required by excess insurer.

,
,

COl'Crtd Slates:

Tennessee

Scope of Conrage:

J.

Other states insurance shall be afforded.

2

The voluntary compensation and employers liabilit),
coverage endorsement is to be attached.

3.

Foreign voluntary compensation with repatriation ci'>lX'nse
81 a $10,000 limit shall apply. Include endemic disease.

4.

USL&H

S.

Repatriation expense "'ith a $100,000 limit shall apply.

6.

Coverage for endemic disease to be provided.

7.

Coverage shall include slap gap liability - employers
liability in monopolistic StaleS

8.

Federal Employers Liability Act v.ill be included

9.

Waive liability for any actions against the Stale of
Tennessee

hge50f31

.'
General Liability Excluding Products and
Completed Operations

Named Iosured:

Attachment I to Appendix D ·lnslU1lllee

Coverage:

Quote rimer the comprehensive or commercial gcneralliability
(ormal on an 0ffYr[CDff basis.

A.

0lmprcbendn General UablJjo'
Coverage should include premises, operations, independent
contraclors, and broad form comprehensive general liability
01

their equivalent coverages.

Limll: SIO,ooo,ooO combined single limit

,

B.

,

Commercial Grnt'u! I,jabjlio'
Coverage A should include premises, operations,
independent COntractors, contractual liability, fire
legal liability and broad form PIOpert)' damage

coverages.
Coverage B should include personal injury and
advertising injury.
Coverage C. medical payments, is not desired.

Limits:
Each occurrence:
Quote S5,000,000
Personal and advertising injury limit:
QUOIe $5,000,000

Genera) aysrellale limit
Quote $10,000,000

Page6of31

Scop~

of Coverage:

,

I.

Provide blanket contractual liability for My agreement
relaling to the busines~ of the insured, including ora]
agreements.

2.

Coverage to apply to liability arising out of independenl
contractor openltions.

J.

Employees shall be additional insureds ....-hile acting wilhin
the scope of their duties.

4.

Persoll3l injlll)' and advertising injury liabilily shall be
included with the employment llrld contractual exclusions
deleted.

5.

Provide liquor legal liability coveroge.

6.

Fire legal liability is to be insured with a limit of
Sl,Ooo,ooO per occurrence for real property.

7.

An}' waiver of subrogal ion shall be perrnined, provided
such waiver takes place before the loss and with prior
consent oflh~ State of Tennessee, Department of
Correction.

8.

Coverage to include non·o...."ed watercraft liability ....ith no
length restriction.

9.

Bodily injlll)'liability arising from protecting persons or
property to be insured.

10.

Incidenlal malpractice liability coverage to be afforded.

11.

Worldwid~ coverage shall apply for claims or suits brought

",ithin the United Smles.

.. .....,....
~

12.

Delele any explosion, collapse and underground property
damage exclusions.

13.

Provide broad form property damage liability.

14.

Dclete an}' alienated prcmises exclusion.

Page70f JI

9618101 P"!IJH
I( JogJjj~d

"Me[.(q pJl!q!ljoJd JlJIl." IdJJXJ 'uOSJJd
[I1JnlllU 11 jO llo!unndJJ pUll s8u!]JJJ Jljl 01 .unfu! JJljl0
.(U~ pUll UO!I11U!W!-J:'S!P 'UO!le!!!umlj '.vn[U! [l1\UJW 'lIs!n8UY
Il1\UJW Jpnpl!! 01 .vnfU! IWOSlJd"jO U0!l!U!PP Jl{l pUJWV

"lJ31OJIl

"[(:

]~ll pUB U0118JoI nll'([dde 01 Jm !;J!w!I JII18J.IlI8e

JI{I '~ !i! I11WIOJ Mmqe!l !l1-lJUJS [!I!JJJUlUIOJ Jlp)!
'JJAOMOH "~!SJp S! DO[OJd s!l{I JOJ JlIllJOAOCI ouol1l pums

"0(:

•.(IJ1'1mdJ5 l1II\OljS
oq Ol um!U1JJd ·~lIwn:r.lO JO wl8[J IjoeJ 000'000' I$JO
!;J!!IJ!I t[I!I" p:lp!hOld oq pJlloqs .\)!1!qIlH !;J!JJlIoq OJ.(o[dUl']
".(J!lod Jt[I

"61

U! poq!JJSJp SUOPIlJJdo JO

sos!wJld jO SUO!ld!J:JSOp JJdoJdUl! JO 'SUO!SS!U10 lUJUOApeU!
'SJo.IJJ.(q pJJOJ1J1I JO POll1P![lIAU! oq lOU [fiIl1S JlIIlJJAo:)
:SUO!SS!U10 pUY SlQJ.13

"S1

"SPJllISU! JO UO!I!U!PP Jlp U! 1]J"S
S1I pJllfe'U SPmlSU! Jt[lJO lIU 01 3u!.(ldde SlI pJJJP!SUOO oq
[fiIljS d!l{>llO!ll1Pl P!eS "SpJllISU! J0410 SWOJllOCl S1I Jnq"d
J41jO SJoqUlJUI pJWJOp oq [[ellS pJ1lISU! JUO JO SJJAO[dW3
:.(I!1!qen SSOJ:)

,
."

"SpJ.trl$ll! jetJ0!l!PpB
S1I pJJJAlY.l oq nellS S;UOWJ:1J81l uou!t" 10 [8.10 JO SWlJI Jljl
4l!l" JJuepJOJOll U! JJll1lJlISU! JpfI\OJd 01 p»llle SlIII POlllSU!
041lUOlj..... JOJ (SJOpUJA IdJOXJ) SJ!I!IUO JO SUOSlJd" llV
:SpmlSUj [mJoP!PPU PlfUI![8

"91

"JJ3BUllY\(
'Ism Ol{l 01 u..... 0tn( 5:lwrooq :Y.\UJ.Lm:r.lO JO lUOP!Y.lll
ol{l 10Y1l O[quopJ8.ld S1I uaos S1I s;uJ'i'lu ~o41ne !;J!)O
.(U1l JO .(Ulldwoo JlJI 01 PJ.mSUj JlJI)O J[elj"Q uo 10.(q UOA!S
"Q [[!Iljs JJ!l0u UJu!J..... 'oo1l[d SOl[lll :Y.\UJ.LmO:)Q U1l UJlI.!t\
:JOUJ.LmO:)Q )0 OJ!ION

.-

,

"~[

n.

Iklne any fellow employee exclusion.

23.

FaiJIMC' to give notice:

The rights ofw insuTc.d shall not be Jmjudiced iflhae is.
failure to give notice of ()(:('IIJf(fll:e or incident due to the
insured's inadvcncnl error or omission.
24.

".

Extend coverage 10 provide sudden and accidental pollution
liability.
Delctc exclusions for personal injury and advertising injUf)'
arising 0111 of advertising, publishing. broadcasting or
tclttaSting.

,

26.

Extend tht; coverage terntory to. woridl'lidc basis "'ithout
limitations on "'iKTe claim or suit is brought.

27.

~kdieal

and Professional Liability for employed lIl1neS,
doctors. .nomcys, counselors, psychologists andfor social
v'ori:m. (If nol quoted v.;lh gcne:ralliabilil)', separ.llc
quotes should be obtained.)

28.

Extend coverage 10 include sexual.buse!mo]cstation.

29.

Extend coverage to include civil righls violalions, which
will include all claims brought by any persons based in
whole or in part on an alleged violation orthc federal Dr
SUIte constitutions, statutes or reguiatiOll$, including bllt
nollimitcd 10, suits brought pWSUllJlI to 42 U.S.c. 51983.

30.

Ex1<:nd <:oven.ge 10 inelud<: <:omrnuniuble disease:.

31.

Extend <:OYefllge to pfO\ide c.o\"en.ge (or special or
punith'e dama&n "''here pennined by l.wOl" public poliq·.

32.

Co\"enge to include unlimited ddense l:.()\"Ullge in addition
to limits of li.bility.

33.

Exlend co\'erage 10 include &SSI.ult Illd banery as.
covered act"

,

1'8.1;e90f31
Re,i ••d ](118196

•

Products and Completed Operations Liabilit)'

I'\'am~d

Insured:

ATtachment] to Appendix D -Insurance
Quote either the comprehensiw: or eomm~ial general liability

(onnal on tn pcrumoet basis..
A.

Ctlrnpabcplj\', Gcntal Llabjli(y

Coverage should include productS., completed opmIlions,
and related broad fOlTll comprehensive ilcncralliabi1iI)' or
their equivalent coverages.

Limi1:
B.

,

510,000,000 combined single limit

Ctlmmcttjal Groenl Ljabilib'

Coverage A should include produCts, completed operations,

,

contractualliabilil)', and related broad form proper'l)'
damage coverages.
Lirnju:

EKh ~e; $S,OOO,OOO
Products and completed operations aggregate limit:

Quott 510,000,000
1.

ProvNk blllllkcl conuaetualliability fot any agrttmenl

ulJlting to tbt: businrss ohht insured, induding ora1
&gJttmcnts.

2.

Employees shall be additional insW'Cds ....'!Uk acting v.ithin
the scope of their dUlies.

3.

An)' ...·ah·cr of subroEatioD $hall be pmnitted, pro"ided
such waiva wes pl.eo: befOl'e the loss and ",iih prior
corumt of the SUle of T mness«, Depuunent of
Correction.

Page IOof)1

•

...

World ....i de CO\'mlge shall apply (or daims or suits broU&h1
"ithiD the United Stites.

s.

Provide broad form property damage liabilily for completed
openttiOI15.

6.

With rcspecllo the completed operations hazard,
exclusion ·0" or ·Z" or its equivalent should be modified
to read as follows:
With respcc1lo the completed opcraliol15 hazard and with
respectlO any classifications staled as "including cornplctt<l
operations", to prop:ny damage to thai smallest idl:lllifJ.lble
poniOD or the ....,ork performed by the named insumi or 10
parts or equipment furnished in connection thcrcwilh that is
defective or lKtivdy malfunctions, arisinB out nfw work
or ponion thereof.

,

If the commm:ial fomllli is used, pangraph I of aelusion
L 5hould be modil'ied as follows:

•

Propcny damage 10 the smallen identifiable portion of
yOW" work arising OUI of it or an)' pan ofi\ and included in
the productsfoomplcled operations hazard.
7.

Notice of QCcurrence:

When an OCC;WTcncc llIkes place, written notice shall be
given by or on behalf of the insured to the company Or any
of hs authori:ted agcots as sooo as practicable after the
oeewrenee becomes known to the Risk Manager.
8.

Provick Idditional insured - "endon eovm.ge OIl a
blwel basis.

9.

Cross Lilbilil)':
Emplo)'us of one insured shall bt; deemed rnembers of the
publie as ton(em5 other illS\lreds. Slid relationship shall
be eonsidered as applying to all of the insured~ named as
such in the definition ofinslIfeds,

Page 11 of 31

10.

Errors Mil. omissions:
Coverage shall not be invalidated or affecled by errors,
inadvenent omissions, or improper descriptions of premises
or operations described in the policy.

11.

Failure to give notice:
The righls of the insured shall not be prejudiced if there is a
failure 10 give notice of occurrence or incident due 10 the
insured's inadvenent errOr or omission.

12.

Exlend the coverage lemtOI')' to a worldwide basis \\ithoul
limitalion as 10 where claim or suit is brought.

,

Page12of31

Business Auto Liabilit},

,

r;lmtd InlUrtd:

Anachmenilio Appendix D -Insurance

Conrage LimIU:

Insurance 10 be provided under a busintss aUIO form:

Stopt of COHl"Igt:

Coyer:av tS

S)'mbol

Liability
Pcrsonallnjury ProltC'tion
Uninsured Motorisu

I
lOAn)' AulO
10 Any AUlo

I.

S5,OOO,000
S5,OOO,OOO
S5.OOO,OOO

Notice of accident:
When an occunenct takes place, wrinen notice shall be
~iven by or on behalf of the insured 10 \he: company or Illy
of ils authori~ agenu as soon as JlIlICliCloblc after Ihc
accident or occunence.

,
2.

Failure 10 give nOlice:
The rights oflhe insured shall nOI be prejudiced iftherc is a
failure to give noliee of accident or incident due 10 the
insured's inadvertent error or omiuion.

3.

ConU"8eNallilbility covcnge is to be included in the
business IUIO fonn. ConlJacNallilbilil)' is to Ipply for all
hired ~'ehicles, regardless of the term of bin: or s~ of
IUtos.

4.

Blanket additional inslueds:
All pcnons 01 mtities for whom \he: insured ha5 agreed to
pro~'ide insurance in accordance ",i\h \he: terms ohehicle
leases or other onl or "''rinen asreement shall be eo\'ered as
addilional insureds.

Pagel30f3l

5,

Errors and Omissions:
Coverage shall not be invalidated or affected b)' any errors,
inadvenent omissions or improper descriptions of
underv..riting information, autos, their usc, or garaging

locations.
6.

Any 'fellow employee· suits cxdusions sball be deleted

utilizing the following:

For all employees
7.

An "Emplo)'ccs as lnsureds" endOrl;cment is \0 be anached.

8.

Include Pollution Liability

9.

Provide non-owned aU10 liabi!;!)' coverage

,

Pagel 4 of31

Owned & Non-Owned Aircraft Liability

,
,

""'m«llnlund:

Anaehmml110 Appendix D· Insurance

Limits:

SIO,OOO.OOO andlor 520,000,000 peT occlUTence

Scope of Conuge:

L

Include bodily injUT)', property damage and mental anguish

2.

Include bodiJ)' injul)' covcrage for passengers (ptr seal)

3.

Include the claims of employees (~w)

4.

CO\'allgc 10 apply on i worldwide basis

S.

Indicate lilt seating capacity of aircnft owned and/or

leased
6.

Extend toVer.age to include ~traetualliability. bolb
",rinm and \"abaI

7.

Notice of Occurrcncc:
When an OC:ClUTaKC takC'S place, ",..rinen notice shall b:
given by or 011 behalfoflhc inSUfC'd 10 the Company or an)'
orits luthoriv:d agents as soon as practieable after an
.«iden! or occuncncc becomes kno"'TI 10 the Risk
Manager.

Page ISof 31

UmbrellafExcess Liability

1\amtd losur«i:

S« Attachmenl J 10 Appendix D -lnsuras'ICe

Co'"tragt LimiU:

It is pennissible to meet minimwn limit requirements in total b)'
using I combination o(primary and tX~Ss policies. PlaK Dote
thai if the exccss policy fonn utilized hu an overall IllSTegate
policy limit, the total tOveragl: provided must nOI be less than thaI
which would have been available for any combination of general
liability, IUlO liability and emplo)'crs liability claims at the pr1lTW)'
limit minimwn specified..

Scope of Co'"cr:lIge:

"Pay on ScMlfor- poliey fonn preferred.

,

The exuu ullderv,riteT 1w rtviewed the extensions of primary
tovrngc partS and IgrttS \0 follo.... lhesc forms by cndorscmml.
Any exceptions \0 this musl be specifically idelltified.

,

Firsl Dollar Ddense coverage is to be provided.
rxfense y,i!houtlimil.llion is 10 be pro\·jded in addition to the

policy Iimil
A zaG scl[·inswed retmUOlI i.l; preferred.
List any krms, conditions. or limil.ltions ofeoverage 1101 in
common "'ilh those of the prlllW)' il15Ur.lllce specifications.

Page 160f 31
Rtliud 1018196

Directors & Officers Liability

Named Insured;

Conrage:

List insl.lIed organization
QUOle coverage for Directors and Officers and for
Corporate Reimbursement

LimiU:

SI0,000,000 annual aggregate \lilb (various) deductible (opliom)

for

COrpol1llC

reimbursement I SO rClcntion for individual

Directors & Officers
Scope of Conrllgc:

,

I.

lnc!udc \\TOngful act(s) defined in policy form

2.

Prior acts coverage should be included (Continuity of
Coverage)

3.

Include clause staling 10 the effeci thaI infonnal;on on Ihe
application will nOI void coverage for all insureds

,

(Severability)

4.

Polic), shall pay 100% excess ofrelcnlion
(No Coinsurance)

5.

Include discrimination coverage

6.

Include punitive or exemplary damage coverage

7.

Include clause which picks up any inadvenclll (ailure to
maintain insurance

8.

Minimum disco'!!:!)' period of one year

9.

Inelude "Tongfulllets reported during the policy teon

10.

Fllilure to file notice:
The rights oflhe insured shall not be' prejudiced if there is II
failure 10 gi,·e nOliee of an OCCUlTence or incident due to
inad"ertent error or omission on the part of the insured.

Page 17 of 31

II.

Delete the anti·tn!St exclusion

12.

Pennil claims brought by governments

13.

Include clause staling thal coverage will not be invalidated
by insured's insolvepcy

14.

Pennit insured vs. insured claims for v,Tongful tennmation

15.

Include marital estate extension

16.

Delele the RICO exclusion (Racketeering, lnfiuence and
Corrupt Organization)

17.

Entities eoverage: include eoverage for the corporation
itself, not just the Directors and Officers of s<Ulle.

IS.

Indude Emplo}'menl Praetices Liabilily Ot is acceptable 10
provide this eO"erage under a separate policy fonn with
limits equal to the D&O limit.)

,

Page ISof 31
R~,'i.~d

J 018196

..

Environmental Impairment Liability

Namtd In5ured:

Attachment I to Appendix D ·1llSW'llnce

Connge:

Liability for bodily inj\ll')' and property dwnage 1l'5ulting from
~udden, accidental or gradual pollution wising from operations
conducted by the insured.

Limit5:

55,000,000 each pollution incident I 510,000,000 aggregate

Conrage

Location~:

Deduetible:

premise~

I.

All

2.

Alienated premises (if an}' presenl locations

are alienated).

Specif)' the deductible which "'ill apply

,
Scope of Coverage:

1

On and off premises clean·up costs, including those for
correcti"e action are to be covered.

2.

Employees shall be additional insureds while acting within
the scope of their dutie~.

3.

Prior Acts coverage shall be afforded, if claims made.

4.

The cost of appeal and defense should be payable in
addition to the limits of liability.

5.

The policy is to comply with the requill'menls of the
financial responsibility regulations of the Environmental
Protection Agency regarding petroleum underground
storage tanks.

6,

Include Extended Reponing Provision; indicate cost.
duration and implications ifinsured cancels.

Pllgel90f31

Professional and Medical Liability
(Nurses, Doclors, Allorneys, Counselors, Psychologists, Social "'orkers)

w

!l'lllIfd Insured,

S« Atulchmc'ntl to Appendix D -Inswme:.e
any individual
who was, now is or shall be employed as. nunc, dol:tor, .nomey,
cowuelor. Jl$Ydlologist or soeial IIl'Orker of the «lDtrattOr.

Conragc;

Professional Liability fann 10 insure bodily injury, including
menial injury or death. trising out of the rendering or failure to

render professional s.erviccs.
Limits:

,

S 5,000,000 each OCCWlcncc;
SI0,000,000 annual asgregate;

,

Olher al option of the proposer.

Scope ofConngc:

I.

Coverallc should be on &l OCCIII'Tm« basis Sl[ claims made
",i!h. 3 Ot 5 year tail.

2.

Full Prior Acts ro\'m.gc shall be afforded.

3.

AU pl'oposaU $bouId disclose the 00$l ofan atended
Kponinll provision and the conditiOll$ undrr "''!UtI! it may

'" ""dwo1

Page 20 of 31

Proper~' I

Nlmflliosum:

Boiler and Machinery

Sa: Anxhmmt 1- Appendix D -1muIancc
"All Risks" ofPhysieal Loss or Damage intluding the perils of
earthquake and flood

Building· $5,000

LImits:

Contents - ofColllractor on location (contractor will be

solely responsible for allIes! or damage 10 contractor
o"ned propcrt)'.)
Sublimiu:

Tnnsil
&tro&,.,..

,

EJecuonic DIU: Proeessing
Expediti0a ExprnK
Service IntcmJption (pO &. 81) - all utilities
Contingent Ex\lll Expensc

,

Business Interruption including Ordinary Payroll

Offsite Storage
Errors &. Omissions
Mechanical Breakdo"'n, Electrical Arelng

Pollution Conlalnin.ation
Pmona! Propeny of Employees
Contingent Business lnlmupUOll
Dcdudibla:

S2SO

Term & Conditions:

90 day notice of cancellation

Repair or Replacement Coverage
Automatic Reinstatement DfLimits
Coinsun.nce - 100%· Waived
Pennit OtMr lnsunncc

Page 21 of 31

Appendix F

FEDERAL BUREAU OF INVESTIGATION
CRIMINAL JUSTICE INFORMATION SERVICES
SECURITY ADDENDUM

The goal of this document is to provide adequate security
for criminal justice systems while under the control or
management of a private entity, the Contractor. Adequate
security is defined in Office of Management and Budget Circular
A-130 as "security commensurate with the risk and magnitude of
harm resulting from the loss, misuse, or unauthorized access to
or modification of information."
The i~tent of this Security Addendum is to require that the
Contractor maintain a security program consistent with federal
and state laws, regulations, and standards as well as with
policies and standards established by the Criminal Justice
Information Services (CJIS) Advisory Policy Board (APB).
This Security Addendum identifies the duties and
responsibilities with respect to the installation and maintenance
of adequate internal controls within the contractual relationship
so that the security and integrity of the FBI's information
resources are not compromised. The security program shall
include consideration of personnel security, site security,
system security and data security.
The provisions of this Security Addendum apply to all
personnel, systems, networks and support facilities supporting
and/or acting on behalf of the government agency.
1.00 Definitions
1.01 Administration of criminal justice - the detection,
apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or
rehabilitation of accused persons or criminal offenders.
It also
includes criminal identification activities; the collection,
storage, and dissemination of criminal history record
information; "and criminal justice employment.
1.02 Agency Coordinator (AC) - a staff member of the Contracting
Government Agency, who manages the agreement between the
Contractor and agency.
1.03 Contracting Government Agency (CGA) - the government agency,
whether a Criminal Justice Agency or a Noncriminal Justice
Agency, which enters into an agreement with a private contractor
subject to this Security Addendum.
1.04 Contractor - a private business, organization or individual

which has entered into an agreement for the administration of
criminal justice with a Criminal Justice Agency or a Noncriminal
Justice Agency.
1.05 Control Terminal Agency (CTA)- a duly authorized state or
federal criminal justice agency with direct access to the
Natidnal Crime Information Center (NCIC) telecommunications
network providing statewide (or equivalent) service to its
criminal justice users with respect to the various systems
managed by the FBI CJIS Division.
1.06 Control Terminal Officer (CTO)- an individual located within
the eTA responsible for the administration of the CJIS network .
for the CTA.
1.07 Criminal Justice Agency (CJA)- The courts, a governmental
agency, or any subunit of a governmental agency which performs
the administration of criminal justice pursuant to a statute or
executive order and which allocates a substantial part of its
annual budget to the administration of criminal justice. State
and federal Inspectors General Offices are included.
1.08 Noncriminal Justice Agency (NCJA) - a governmental ~gency or
any subunit thereof that provides services primarily for purposes
other than the administration of criminal justice.
1.09 Noncriminal justice purpose - the uses of criminal history
records for purposes authorized by federal or state law 'other
than purposes relating to the administration of criminal justice,
including employment suitability, licensing determinations,
immigration and naturalization matters, and national security
clearances.
1.10 Security.Addendum - a uniform addendum to an agreement
between the government agency and a private contractor, approved
by the Attorney General of the United States, which specifically
authorizes access to criminal history record information, limits
the use of the information to the purposes for which it is
provided, ensures the security and confidentiality of the
information consistent with existing regulations, provides for
sahctions, and contains such other provisions as the Attorney
General may require.
2.00 Responsibilities of the Contracting Government Agency
2.01 The CGA entering into an agreement with a Contractor is to
appoint an AC.
2.02 In instances in which responsibility for a criminal justice
system has been delegated by a CJA to a NCJA, which has in turn
entered into an agreement with a Contractor, the CJA is to
appoint an Agency Liaison to coordinate activities between the

CJA and the NCJA and Contractor. The Agency Liaison shall, inter
alia, monitor compliance with system security requirements.
In
instances in which the NCJA's authority is directly from the CTA,
there is no requirement for the appointment of an Agency Liaison.
2.03 The AC will be responsible for the supervision and integrity
of the system, training and continuing education of employees and
operators, scheduling of certification testing and all required
reports by NCIC.
2.04 The AC has the following responsibilities:
a

Understand the communications and records capabilities
and needs of the Contrac~or which is accessing federal
and state records through or because of its
relationship with the CGA;

b

Participate in related meetings and provide input and
.comments for system improvement;

c

Receive information from the CGA (e.g., system updates)
and disseminate it to appropriate Contractor employees;

d.

Maintain and update manuals applicable to the
effectuation of the agreement, and provide them to the
Contractor;

e

Maintain up-to-date records of employees of the
Contractor who access the system, including name, date
of birth, social security number, date fingerprint
card(s) submitted, date security clearance issued, and
date certified or recertified (if applicable);

f

Train or ensure the training of Contractor personnel.
If Contractor personnel access NCIC, schedule the
operators for a certification exam with the CTA staff.
Schedule new operators for the certification exam
within six (6) months of emploYment. Schedule
certified operators for re-certification testing within
thirty (30) days prior to the expiration of
certification. Schedule operators for any other
mandated class;

g.

The AC will not permit an un-certified employee of the
Contractor to access an NCIC terminal;

h

Where appropriate, ensure compliance by the Contractor
with NCIC validation requirements;

i.

Provide completed Applicant Fingerprint Cards on each
person within the Contractor who accesses the System to
the CJA (or, where appropriate, CTA) for criminal

background investigation prior to such employee
accessing the system; 'and
j.

Any other
FBI.

responsibil~ty

for the AC promulgated by the

2.05 The CTA shall ensure that all NCIC hot file transactions and
Interstate Identification Index (III) transactions be maintained
on an automated log for a minimum of six months. This automated
log must identify the operator on III transactions, the agency
authorizing the transactions, the requester, and any secondary
recipient. This information can be captured at log on and can be
a name, badge number, serial number, or other unique number.
3.00

Respopsibilities of the Contractor

3.01 The Contractor shall maintain a security program which
complies with this Security Addendum.
3.02 The Contractor shall assign a Security Officer accountable
for the management of this security program. This person shall
coordinate with the CGA to establish the security program.
3.03 The Contractor shall document the security program in a
Security Plan. The Security Plan shall describe the
implementation of the security requirements described in this
Security Addendum, the associated training program, and the
reporting guidelines for documenting and communicating security
violations to the CGA. The Security Plan shall be subject to the
approval of the CJA, even in instances in which the CGA is the
NCJA.
3.04 The Contractor shall provide for a Security Training Program
for all Contractor personnel engaged in the management,
development, operation, and/or maintenance of criminal justice
systems and facilities. Annual refresher training shall also be
provided.
3.05 The Contractor shall establish a security violation response
and reporting procedure to discover, investigate, document, and
report on all security violations. Violations which endanger the
security or integrity of the criminal justice system or records
located therein must be communicated to the CGA immediately.
Minor violations shall be reported to the CGA on a periodic
basis, but in no instance less than quarterly. See Section 8.01.
3.06 The Contractor's facilities will be subject to unannounced
security inspections performed by the CGA. These facilities are
also subject to periodic FBI and state audits.
3.07 The security plan is subject to annual review by the CJA and
the Contractor. ,During this review, provision will be made to

update the program in response to security violations, changes in
policies and standards, and/or changes in federal and state law
and technology.
3.08 The Contractor and its employees will comply with all
federal and state laws, rules, procedures and policies formally
adopted by the FBI and the CJIS APB, including those governing
criminal history record information.
4.00 Site Security
4.01 The Contractor shall dedicate and maintain control of the
facilities, or areas of facilities, that support the CGA.
4.02 All terminals physically or logically connected to the
computer system accessing NCIC and the criminal justice files
must be segregated and screened against unauthorized use or
observation.
5.00 System Integrity
5.01 Only employees of the Contractor, employees of CGA, the
Agency Liaison, and such other persons as may be granted
authorization by the CGA shall be permitted access to the system.
5.02 The Contractor shall maintain appropriate and reasonable
quality assurance procedures.
5.03 Access to the system shall be available only for official
purposes consistent with the appended Agreement.
Any
dissemination of NCIC data to authorized employees of the
Contractor is to be for their official purposes.
5.04 Information contained in or about the system will not be
provided to agencies other than the CGA or another entity which
is specifically designated in the contract.
5.05 All criminal history record
envisioned and authorized by the
up-to-date log concerning access
history record information shall
the Contractor.

information requests
appended Agreement.
and dissemination of
be maintained at all

must be
A current
criminal
times by

5.06 The Contractor will ensure that its inquiries of NCIC and
any subsequent dissemination conforms with applicable FBI/NCIC
policies and regulations, as set forth in the NCIC Operating
Manual, NCIC and CJIS APB meeting minutes, and all relevant CJIS
security documents.
All disseminations will be considered as
"Unclassified, For Official Use Only."
5.07 The Contractor shal
persons gaining access t

protect against any unauthorized
the equipment, any of the data, or the

operational documentation for the criminal justice information
system.
In no event shall copies of messages or criminal history
record information be disseminated other than as envisioned and
governed by the appended Agreement.
6.00 Personnel Security
6.01 Appropriate background investigations must be conducted on
all Contractor employees and the Contractor's vendors which
provide system maintenance support.
6.02 Thorough ba~kground screening by the CGA is required.
This
investigation includes submission of a completed applicant
fingerprint card to the FBI through the state identification
bureau. State and national record checks by fingerprint
identification must be conducted for all personnel who manage,
operate, develop, access and maintain criminal justice systems
and facilities. Record checks must be completed prior to
emploYment.
6.03 When a request is received by the CTA before system access
is granted:
a.

The CGA on whose behalf the Contractor is retained must
check state and national arrest and fugitive files.
These checks are to be no less stringent than those
performed on CJA personnel with access to NCIC.

b

If a record of any kind is found, the CGA will be
formally notified, and system access will be delayed
pending review of the criminal history record
information. The CGA will in turn notify the
Contractor-appointed Security Officer.

c.

When identification of the applicant with a criminal
history has been established by fingerprint comparison,
the CGA's designee will review the matter. A
Contractor employee found to have a criminal record
consisting of any felony convictions or of misdemeanor
offenses which constitute a general disregard for the
law is disqualified. Applicants shall also be
disqualified on the basis on confirmations that arrest
warrants are outstanding for such applicants.

d

If an adverse employment determination is made,
access will be denied and the Contractor-appointed
Security Officer will be notified in writing of
the access denial. This applicant will not be
permitted to work on the contract with the CGA.
Disqualified employees and applicants for
employment shall be notified of the adverse
decisions and the impact that such records had on

decisions and the impact that such records had on
such decisions.
6.04 The investigation of the applicant's background shall also
include contacting of employers (past or present) and personal
references.
6.05 The Security Officer shall maintain a list of personnel who
successfully completed the background investigation.
6.06 The CGA will ensure that each Contractor employee receives.
copy of the Security Addendum and executes an acknowledgment of
such receipt and the contents of the Security Addendum. The
signed acknowledgments shall remain in the possession of the CGA
and availab~e for audit purposes.
6.07 The CGA shall ensure that each Contractor employee
authorized to access CJIS network terminals or information
provided therefrom is specially trained in the state and federal
laws and rules governing the security and integrity of criminal
justice information.
6.08 All visitors to sensitive areas of Contractor facilities
must be escorted at all times by a Contractor employee with
clearance. Names of all visitors shall be recorded in a visitor
log, to include date and time of visit, name of visitor, purpose
of visit, name of person visiting, and date and time of
departure. The visitor logs shall be maintained for five years
following the termination of the contract.
7.00 System Security
7.01 Transmission, processing, and storage of CJA information
shall be conducted on dedicated systems.
Increased reliance
should be placed on technical measures to support the ability to
identify and account for all activities on a system and to
preserve system integrity.
7.02 The system shall include the following technical security
measures
a

unique identification and authentication.for all
interactive sessions;

b

if warranted by the nature of the contract, advanced
authentication techniques in the form of digital
signatures and certificates, biometric or encryption
for remote communications;

c

security audit capability for interactive sessions and
transaction based logging for message-based sessions;

this audit shall be enabled at the system
application level;
d

access control mechanisms to enable access to be
restricted by object (e.g., data set, volumes, files,
records) to include the ability to read, write, or
delete the objects;

e

ORI identification and access control restrictions for
message based access;

f

system and data integrity controls;

g.

access controls on communications devices

h.

confidentiality controls (e.g., partitioned drives
encryption, and object reuse).

7.03 Data encryption shall be required throughout the network
passing through a shared public carrier network.
7.04 The Contractor shall provide for the secure storage and
disposal of all hard copy and media associated with the system to
prevent access by unauthorized personnel.
7.05 The Contractor shall establish a procedure for sanitizing
all fixed storage media (e.g., disks, drives) at the completion
of the contract and/or before it is returned for maintenance, .
disposal or reuse. Sanitization procedures include overwriting
the media and/or degaussing the media.
If media cannot be
successfully sanitized it must be returned to the CGA or
destroyed.
8.00 Security violations
8.01 Consistent with Section 3.05, the Contractor agrees to
inform the CGA of system violations. The Contractor further
agrees to immediately remove any employee from assignments
covered by this contract for security violations pending
investigation. Any violation of system discipline or operational
policies related to system discipline are grounds for
termination, which shall be immediately reported to the AC in
writing.
8.02 The CGA must report security violations to the CTO and the
Director, FBI, along with indications of actions taken by the CGA
and Contractor.
8.03 Security violations can justify termination of the appended
agreement.
8.04 Upon notification, the FBI reserves the right

a

Investigate or decline to investigate any report
of unauthorized use;

b.

Suspend or terminate access and services,
including the actual NCIC telecommunications link.
The FBI will provide the CTO with timely written
notice of the suspension. Access and services
will be reinstated only after satisfactory
assurances have been provided to the FBI by the
CJA and Contractor. Upon termination, the
Contractor's records containing criminal history
record information must be deleted or returned to
the CGA.

8.05 The FBX reserves the right to audit the Contractor's
operations and procedures at scheduled or unscheduled times. The
FBI is authorized to perform a final audit of the Contractor's
systems after termination of the Security Addendum.
9.00 Miscellaneous provisions
9.01 This Security Addendum does not ~onfer, .grant, or authorize
any rights, privileges, or obligations on any persons other than
the Contractor, CGA, CJA (where applicable), CTA, and FBI.
9.02 The following documents are incorporated by reference and
made part of this agreement:
(a) The III, NCIC, and Uniform
Crime Reporting Operating Manuals; (b) The Minutes of the CJIS
APB; (c) The Bylaws for the CJIS APB and CJIS Working Groups; (d)
Title 28, Code of Federal Regulations, Part 20; (e) The NCIC
Security Policy (including all concepts of NCIC Computerized
Criminal History Program Background, Concept and Policy)"; (f) The
Recommended Voluntary Standards for Improving the Quality of
Criminal History Record Information, NCIC Standards, and UCR
Standards, as recommended by the CJIS APB; and (g) Applicable
federal and state laws and regulations.
9.03 The terms set forth in this document do not constitute the
sole understanding by and between the parties hereto; rather they
provide a minimum basis for the security of the system and it is
understood that there may be terms and conditions of the appended
Agreement which impose more stringent requirements upon the
Contractor.
9.04 This Security Addendum may only be modified by the FBI, and
may not be modified by the parties to the appended Agreement
without the consent of the FBI.
9.05 All notices and correspondence shal
Class mail to :

13

be forwarded by First

FEDERAL BUREAU OF INVESTIGATION
CRIMINAL JUSTICE INFORMATION SERVICES
SECURITY ADDENDUM
CERTIFICATION
I hereby certify that I have read and am familiar with the
contents of this Security Addendum, including relevant portions
of the underlying documents, including but not limited to the
III, NCIC, and UCR Operating Manuals; relevant Minutes of the
CJIS Advisory Policy Board; Bylaws for the CJIS Advisory Board
and CJIS Working Groups; Title 28, Code of Federal Regulations,
Part 20; NCIC Security Policy; Recommended Voluntary Standards
For Improving the Quality and Criminal History Record
Information; NCIC and UCR Standards; as well as applicable
federal or state laws and regulations regarding dissemination of
criminal history records for criminal and noncriminal justice
purposes.

Signature of Contractor Representative

Organization and Title

Date

I acknowledge that I have read this Security Addendum and
understand its contents.

Signature of Contractor Employee

Date

Assistant Director
Criminal Justice Information Services Division, FBI
1000 CusteOr Hollow Road
Clarksburg, West Virginia 26306

APPENDIX G

COMPARATIVE EVALUATION GUIDELINES

For the Comparative Evaluation
of the
South Central Correctional Center RFP
and Contract Performance

November 2, 2001

Table of Contents
1.

OVERVIEW........................................................................................................................... 3

2.

METHODOLOGY................................................................................................................. 5
2.1.
PERFORMANCE COMPARISON ................................................................................ 5
2.1.1.
PERFORMANCE EVALUATION MEASURES...................................................... 5
2.1.2.
TYPES OF MEASURES .......................................................................................... 6
2.1.3.
SCORING................................................................................................................ 6

3.

PERFORMANCE EVALUATION INFORMATION COLLECTION ............................. 7

4.

PERFORMANCE EVALUATION INFORMATION VALIDATION .............................. 8

5.

VALUE AND WEIGHTING OF PERFORMANCE MEASURES.................................... 8

6.

CONDUCTING THE PERFORMANCE EVALUATION ................................................. 8

7.

COST COMPARISON.......................................................................................................... 9

2

1.

OVERVIEW
The Public Acts of 2001, Chapter 132 amended TCA Title 41, Chapter24 relative to
the comparative evaluation process for private contracts for correctional services.
The new language charged the State of Tennessee with establishing objective
performance criteria and cost criteria for both the State and the private contractor.
These performance and cost criteria are to be used as the basis for a comparative
evaluation between the operations of the state’s facilities, as set out in the Request
for Proposal, and the privately operated facility known as South Central Correctional
Center (SCCC). This comparison is to be made after the end of the second full
year of operation, but before renewing the initial contract at the end of the three-year
contract term. The performance evaluation is to be performed by the Select
Oversight Committee on Corrections. The cost comparison is to be compiled by
the Fiscal Review Committee. The contract can only be renewed if the contractor is
providing essentially the same quality of services as the state at a cost of 5% lower
than the state, or if the contractor is providing superior services (greater than 5%) at
essentially the same cost as the state.
TCA 41-24-105 requires the following:
a) Before the awarding of any contact to provide correctional services as defined in
Section 41-24-104(2)(F), the state shall establish objective performance criteria
and cost criteria for both the state and private contractor. The performance
criteria shall measure the quality of management, security and safety, personnel
training, inmate programs, and treatment and other topics deemed appropriate.
The performance criteria and cost criteria shall be established and incorporated
as requirements in any proposed request for proposal and any contract and shall
be used as the basis for any comparison between the state and any contractor.
b) For any contractor to provide correctional services as defined in Section 41-24102(2)(F), the initial contract term shall be for a period of three (3) years in order
to allow the contractor sufficient time to demonstrate its performance and to
provide sufficient information to allow a comparison of the performance of the
contractor to the performance of the state in providing similar services.
Provided, however, to allow sufficient time for completion and review of any
comparative evaluation, the initial term may exceed three (3) years by a period
of up to four (4) months as necessary to make the end of the initial term coincide
with the state’s fiscal year. The initial contract may include an option to renew for
an additional period of two (2) years, subject to the provisions of this section.
c) After the first two (2) years of operation, but before renewing the initial contract,
the performance of the contractor shall be compared to the performance of the
state for similar services as set out in the contract. The contract may be
renewed only if the contractor is providing essentially the same quality of
3

services as the state at a cost of five percent (5%) lower than the state as set out
in the contract, or if the contractor is providing services superior in quality to
those provided by the state at essentially the same cost as set out in the
contract. For the purposes of this statute and comparison, “essentially the
same” shall mean the difference is no greater than five (5%). For the purpose of
this statute and comparison “superior” shall mean a difference greater than five
percent (5%). The methodology for determining the measurement of five (5%)
differences shall also be set out in the request for proposal and contract.
d) The quality of services provided by the contractor and by the state shall be
compared by the select oversight committee on correction, or, in the absence of
such committee, a committee designated by the speakers of the senate and
house. The committee shall determine the quality of services provided by the
contractor and the state by applying the performance criteria set out in the
request for proposal and contract pursuant to subsection (a) and provide a
numerical score for the state and the contractor. The committee shall report its
determination to the parties responsible for determining whether the contract
should be renewed.
e) The fiscal review committee, or, in the absence of such committee, any other
committee designated by the speakers of the senate and house, shall compare
the cost measures as established in this chapter and set out in the request for
proposal and the contract for service and provide a prisoner per day cost for the
state and the contractor. The committee shall report its determination to the
parties responsible for determining whether the contract should be renewed.
As a means of satisfying the statutory requirement to develop objective
performance and cost criteria, the Select Oversight Committee on Corrections
(SOCC) director, the SOCC consultant, a member of the Fiscal Review Committee,
as well as Department of Correction employees with a wide range of correctional
expertise, initiated the development of a performance evaluation process and
assessment and scoring instruments.
It was decided that Northeast Correctional Complex (NECC) and Northwest
Correctional Complex (NWCC) are the most comparable state facilities to evaluate
and compare with the South Central Correctional Center (SCCC). The two state
operated institutions have been selected for previous comparisons because of the
similarity in age of the facilities, design of the facilities, and inmate populations.
These two facilities continue to be the most comparable. Since the early institution
comparisons were made, consolidation of state institutions resulted in other
facilities being combined administratively with both NECC and NWCC. These
consolidations add some challenges, such as adjusting for differences in the
number of inmates, the comparability of inmate populations, etc.; however the
evaluation process and instruments have been developed to compensate for these
differences through the use of per capita ratios and other scoring measures.

4

As the process evolved, the methodological guidance of the Vanderbilt Institute for
Public Policy Studies was sought and received. The co-director of the Center for
Evaluation and Research Methodology, Dr. Mark Lipsey, assisted in reviewing the
evaluation instrument for consistency of methodology. He confirmed that the
approach adopted by the evaluation group was a fair way of comparing the
performance of all three prisons because the criteria for the comparison apply
equally to all three institutions and because the processes necessary to obtain the
data required to support the resulting measurements are in place.
Resulting from these meetings is the Performance Evaluation process and
instrument that is included as a part of the Pro Forma Contract of the Request for
Proposal under Appendix G. This instrument, identified as a Performance
Evaluation data collection instrument is included with this Overview as Exhibit “A”.

2.

METHODOLOGY
Since renewal of the contract is dependent upon an evaluation of the quality of
services as well as the cost to provide those services, it is important that both
performance and cost measures be comparable and quantifiable. The following
methodology was developed with that in mind.

2.1. PERFORMANCE COMPARISON
2.1.1. PERFORMANCE EVALUATION MEASURES
The comparative evaluation is framed around four (4) major categories. Each
category has a principal goal that expresses the desired result(s) for that particular
category. The categories and goals are as follows:
a) Security and Control
The goal of the security and control category is that the community, staff, and
inmates are protected from harm
b) Inmate Care
The goal of the inmate care category is that the institution provides for the basic
needs, appropriate care, and programming of the inmate population
c) Institution Safety & Physical Plant Conditions
The goal of institution safety and plant conditions is that the institution environment
meets national and state fire and safety codes, health codes and requirements and

5

provides for safe living and working conditions. Emergencies are responded to
with order and efficiency
d) Institution Administration
The goal of institution administration is that the institution is managed in a
professional and responsible manner
The measurement of how well the goals have been achieved will be measured in
two (2) ways: Outcome Measures and Mandated Practices. Most terms or phrases
used in the Outcome Measures and Mandated Practices are defined in Department
of Correction policies. An easy reference document with a selection of these
definitions is provided with the Performance Evaluation instrument as well.
Requests for clarification of terms should be made during the Pre-proposal
Conference or should be requested in the form of a Written Comment during the
Request for Proposal process. The State’s written responses will become part of
the final contract.
2.1.2. TYPES OF MEASURES
Outcome Measures: Outcome measures measure the results of the institution’s
operation. Outcome measures look at specific expected results within each major
category.
Mandated Practices: Mandated practices are those areas of institution operation,
which must be effectively accomplished in order to achieve the goal. These
mandated practices are items, which are done on a continual basis and are
regularly reviewed for compliance with policies, procedures, or other regulations.
2.1.3. SCORING
The scoring for the items in the performance evaluation instrument utilizes a
deductive method. In this method, each institution starts with the same base score
in each of the four categories of interest. Each institution may lose points if it does
not meet baseline standards, but each institution may also gain points if they are in
full compliance with the mandated items.
In the outcome measure section, points are deducted from the base score
according to the severity of the institution’s deficiency. The scores in these sections
generally range from 0 to –4, with 0 assigned to the accepted range based on the
average level of the three institutions’ previous performance on a particular item and
–4 assigned to extremely deficient performance on the item. On some items in this

6

section, an institution may score greater than –4 points. This range of scoring was
reserved to the most serious items, such as events of escapes, riots, hostages
being taken, homicides, and suicides.
In the mandated practices section, the institutions may be given additional points.
The scores in this section are either 0 or 2, with 2 points awarded for items if an
institution is in 100% compliance and 0 points awarded on those items if an
institution is not in 100% compliance based on the latest annual inspection. The last
category, Institution Administration, is the only exception. In this category, institutions
are awarded 3 points for 100% compliance on each of the mandated items. This
was done in an effort to standardize the percentage of total section points an
institution may gain from its excellent performance on mandated items.
At the end of each category, points from the outcome measure section will be
deducted from the base score and points from the mandated section will be added
to the score. The resulting score will count for a specified percentage of the entire
score.

Category
Security and Control
Inmate Care
Institutional Safety
Institution Administration
TOTAL:

Value Percent
35 %
30 %
20 %
15 %
100 %

This evaluation instrument will penalize institutions for poor (lower expected)
performance but reward institutions for consistently superior performance on the
day-to-day operation of their institution. In essence, this method of scoring takes into
consideration that problematic events may occur even at the best run institutions,
and this instrument seeks to recognize this fact in its attempt to balance the
outcome measures and mandated items. A list of variables and the distribution of
scoring of items is included with this appendix as Exhibit B. The scoring formula to
be used is included as Exhibit C.

3.

PERFORMANCE EVALUATION INFORMATION COLLECTION
The source of the information needed to document performance will be from the
following primary sources:
a) The 2003-2004 Annual Inspection Report
b) Tennessee Department of Correction records
c) Contractor records

7

d) Tennessee Department of Correction and Contractor reports (weekly, monthly,
and annual)
To ensure fairness during the Fiscal Year 2003/2004 Annual Inspection process,
appropriate representatives of both the state and the contractor will participate on
the inspection teams at all three institutions, which are involved in the comparison.
The Select Oversight Committee on Corrections and the Office of the Comptroller
will send a representative to monitor the proceedings. Detailed guidelines for the
inspection process shall be drafted by the Department of Correction with assistance
from representatives from the Select Oversight Committee on Correction and the
contractor as soon as practicable after the awarding of the bid. The guidelines shall
include the make up of the membership of the inspection team, the clarification of
TDOC policy and terms used in the performance instrument, and the details of the
inspection process. The office of the State Comptroller shall review these
guidelines.

4.

PERFORMANCE EVALUATION INFORMATION VALIDATION
The information supplied by the Department of Correction and the Contractor will
primarily be verified from one of two sources:
a) Fiscal Year 2003/2004 Annual Inspection
b) TOMIS Reports
This validation method has been used in previous comparative evaluations.
Reliability on this method will be increased with the use of both state and contractor
representatives on the inspection teams that review all three institutions.

5.

VALUE AND WEIGHTING OF PERFORMANCE MEASURES
Each of the four (4) Major Categories was given the aforementioned proportional
value based upon the relative importance of that category in comparison with the
others. These relative percentage values were arrived at through several
discussions involving the SOCC director and consultant, select Department of
Correction staff, and a representative for the Vanderbilt institute for Public Policy
Studies.

6.

CONDUCTING THE PERFORMANCE EVALUATION
TCA 41-24-105(d) states that the quality of services provided by the contractor and
the state are to be compared by the Select Oversight Committee on Corrections.

8

The SOCC will use the performance criteria established in the Request for Proposal
and included in the Contract. The Performance Evaluation instrument and Scoring
instrument will be used for this purpose. The state and the contractor will supply any
information deemed necessary by the Select Oversight Committee on Corrections
to complete the performance portion of the comparative evaluation. The state and
the contractor will each appoint one person who will serve as the contact person for
the SOCC. Those appointed individuals will be responsible for gathering whatever
information is required and transmitting it to the SOCC.
The performance evaluation will result in a numerical score for each institution in
compliance with TCA 41-24-105(d). An average score for the two state institutions
will be calculated to arrive at a single state numerical performance score. The state
score will then be compared to the contractor score to determine if the statutory
mandates established in TCA 41-24-105(c) have been met.
An opportunity will be given to both the State and the Contractor to present facts or
evidence to clarify any misunderstandings and correct any perceived
misrepresentations of facts and data. The final draft report will be given to both the
State and the Contractor for comment before it is delivered to the Select Oversight
Committee on Corrections. If either the State or the Contractor choose, they can
submit a written response to the final report which will be included when the report is
submitted to the SOCC.

7.

COST COMPARISON
TCA 41-24-105(e) requires the Fiscal Review Committee to provide a prisoner per
day cost for the State and the Contractor based upon cost measures set out in the
Request for Proposal and the Contract. Those costs are to be used in the
evaluation to determine if the Contractor is providing essentially the same quality of
services as the state at a cost of five percent (5%) lower than the state, or if the
Contractor is providing services superior in quality to those provided by the State at
essentially the same cost pursuant to TCA 41-24-105(c).
The financial information to be compared will be for the Fiscal Year 2003/2004.
This is necessary in order to comply with the statutory mandates which state that the
comparison is to be made after the second year of the Contract, but before any
renewal can occur at the end of the third year. The FY04 information would be the
most current information available at the time of the comparison evaluation and will
match the review period that will be used for the performance evaluation.
The institutions included in the Contract for comparison with the South Central
Correctional Center (SCCC) are Northeast Correctional Complex (NECC) and
Northwest Correctional Complex (NWCC). The two state operated institutions have
been selected for previous comparisons because of the similarity in age of the
9

facilities, design of the facilities, and inmate populations. These two facilities
continue to be the most comparable. Since the early institution comparisons were
made, consolidation of state institutions resulted in other facilities being combined
administratively with both NECC and NWCC. In order to restore a reasonable level
of comparability, adjustments will be made for staff and operating costs.
The cost comparison will review the full costs of the Contractor with the full costs of
the State’s comparable facilities (NECC and NWCC). The costs attributable to the
Contractor will include any costs of monitoring the Contract incurred by the State,
which would not have been incurred by the State otherwise. In addition to
monitoring costs, other adjustments and allocations will be made. The cost
comparison will be for the period of July 1, 2003, through June 30, 2004.
Allocations will be based on the following:
a) Divide Central Office or Overhead costs between activities involving residential
prisoners and other activities based on direct expenditures for residential
facilities versus direct expenditures for other activities to obtain a percentage of
Central Office or Overhead expenditures applicable to residential facilities.
b) Allocate the amount of Central Office or Overhead expenditures applicable to
residential facilities based on the census for each residential facility to the total
census for all residential facilities.
c) Expenditures for revenue generating activities such as commissary, inmate
labor, inmate telephones, inmates fines, recycling, and art and craft sales at
institutions are to be included in facility expenditures and will be offset by total
revenues collected.
Costs will be allocated to the South Central Correctional Center for:
d) The pro rata costs of the Tennessee Offender Management Information System
(TOMIS), which are applicable to the handling of information on prisoners
assigned to the SCCC facility
e) The amounts expended by the State for monitoring the Contractor’s operations
during the 2003/2004 fiscal year
f) The amounts expended by the State for the benefit of the Contractor during the
2003/2004 fiscal year
g) Any other amounts expended by the State (including any state agency) which
would not have been expended by the State in the absence of the Contract

10

h) State overhead items determined not to be applicable to SCCC will not be
added to the Contract cost
Adjustments will be also made for:
i) Year-end supply inventories
j) Equipment items purchased for use in the facilities with a cost in excess of
$1,000 will be deducted from the total cost of operations for all facilities.
Equipment purchased for use by the State’s monitors at SCCC will not be
deducted from the State’s cost of operating SCCC
k) Expenditures for the use of motor vehicles and motorized equipment purchased
for use by NECC and NWCC will be reduced by the depreciation/replacement
factor included in the reimbursement rate to the Department of General Services
The Fiscal Review Committee will further adjust the reported costs to ensure
comparability in making the comparison of the relative costs of operating the
facilities for the period of July 1, 2003 through June 30, 2004. This would include,
but not be limited to the following:
l) Any costs that appear to be made ahead of the time needed or are deferred to a
subsequent period if, in the opinion of the committee staff, such costs are in an
amount sufficient to materially affect the comparison
m) The State’s or the Contractor’s costs for any program or functional areas which it
determines to be not substantially comparable to the operations of the facilities
being compared
n) Any cost items not accounted for in a similar manner
o) Necessary adjustments for population variance to include fixed and variable cost
items for payroll and operational support expenditures
p) The medical component of cost will be adjusted to equalize the costs of each
facility due to the $4,000 stop-loss provision for medical care in the Contract
Requests for clarification should be made during the Pre-proposal Conference or
should be requested in the form of a Written Comment during the Request for
Proposal process. The State’s written responses will become part of the final
Contract.
As required by the Contract, the Comptroller of the Treasury will review all
accounting information submitted to Fiscal Review by the Department of Correction,
and all accounting information provided by the Contractor to Fiscal Review is to be

11

analyzed by an independent accounting firm. The reports generated by those
reviews will be utilized during the evaluation process.
The Fiscal Review Committee staff will calculate the State’s and the Contractor’s
cost per inmate day. The final draft report will be given to both the State and
Contractor for comment before it is delivered to the Fiscal Review Committee. If
either the State or the Contractor chooses, they can submit a written response to the
final report that will be included when the report is submitted to the Fiscal Review
Committee.

12

RFS NO. 329.44-003

AMENDMENT ONE
TO CONTRACT FA-02-14865-00

This CONTRACT, by and between the State of Tennessee, DEPARTMENT OF CORRECTION,
hereinafter referred to as the State, and CORRECTIONS CORPORATION OF TENNESSEE, INC. d/b/a
CORRECTIONS CORPORATION OF AMERICA, hereinafter referred to as the CONTRACTOR, is hereby
amended as follows:
Delete Section B.1. in its entirety and insert the following in its place:
B. CONTRACT TERM:

B.1

2,

Contract Term. This Contract shall be effective for the period commencing on March 1, 2002,
and ending on June 30,2007. The State shall have no obligation for services rendered by the
Contractor which are not performed within the specified period.

Delete Section C.1. in its entirety and insert the following in its place:
C.1. Maximum Liability. In no event shall the maximum liability of the State under this Contract
exceed ONE HUNDRED TWENTY SIX MILLION SEVEN HUNDRED SIXTY NINE THOUSAND
SEVENTY DOLLARS ($126,769,070.00). The Service Rates in Section C.3 shall constitute the
entire compensation due the Contractor for the Service and all of the Contractor's obligations
hereunder regardless of the difficulty, materials or equipment required. The Service Rates
include, but are not limited to, all applicable taxes, fees, overheads, and all other direct and
indirect costs incurred or to be incurred by the Contractor.
The Contractor is not entitled to be paid the maximum liability for any period under the Contract
or any extensions of the Contract for work not requested by the State. The maximum liability
represents available funds for payment to the Contractor and does not guarantee payment of
any such funds to the Contractor under this Contract unless the State requests work and the
Contractor performs said work. In which case, the Contractor shall be paid in accordance with
the Service Rates detailed in Section C.3 and Section AA.aa.5. The State is under no obligation
to request work from the Contractor in any specific dollar amounts or to request any work at all
from the Contractor during any period of this Contract.

The other terms and conditions of this CONTRACT not amended hereby shall remain in full force and
effect.

H:\Fiscal-Contracts\1 0_18_2004 Beginning\Amendments in Process\CCA 329.44·003\CCA 329.44-003 Amend 1.doc

RFS NO. 329.44-003

IN WITNESS WHEREOF:
CORRECTIONS CORPORATION OF TENNESSEE, INC.
d/b/a CORRECTIONS CORPORATION OF AMERICA

DEPARTMENT OF CORRECTION:

Date

APPROVED:

DEPARTMENT OF FINANCE AND ADMINISTRATION:

JUN 2 8 2005
Date

_C_O_M_P_T_R_O_L_L_E_'A_O_F_T_·_'E_T_IR_E_A_.!?_,R_Y_:

J_.L(_t(_O_S-

~

_

John G. Morgan, Comptroller of the Treasury

H:\Fiscal-Contracts\1 0_18_2004 Beginning\Amendments in Process\CCA 329.44-003\CCA 329.44-003 Amend 1.doc

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