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Fdoc Cca Contract for Lake City Facility 2009

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Division of Specialized Set-vices

4050 Esplanade Wa.y, Suite 335
Tallahassee, Florida 32399-0950
Tel: 850,488·4290
Fax: 850.922-6194
www.dms.MyFI·orida.com
Governor Charlie Cl"ist

SeCl"etar-y Linda H. South

Lake City Correctional Facility
Operations and Management Contracts, Exhibits and
Addendums
OMS Contract No. 05/06-078

REDACTED for PUBLIC RECORDS
REQUEST

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

We serve those who serve Florida.

LAKE CITY CORRECTIONAL FACILITY
OPERATIONS & MANAGEMENT SERVICES CONTRACT

Lake CitY COlTectional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
Page 1 of 55

This Contract made and entered into on this'?li~ay of June, 2006, by and between THE STATE
OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, BUREAU OF PRIVATE
PRISON MONITORING (hereinafter referred to as the "BUREAU") and CORRECTIONS
CORPORATION OF AMERICA (hereinafter referred to as the tlCONTRACTOR").
WITNESSETH:
Whereas, it is necessary that budget resources be allocated effectively;
Whereas, the Florida Legislature, Chapter 957, Florida Statutes, authorizes the BUREAU to enter into
a contract with a private entity for the operation, maintenance, and management of a secure
correctional facility housing youthful male medium/close custody inmates;
Whereas, an Invitation to Negotiate (DMS 05/06-078) was issued on November 21, 2005, by the
BUREAU in order to select a CONTRACTOR to operate, maintain, and manage a 893-bed,
youthful male, minimum/medium/close custody security level correctional facility located
in Columbia. County, Florida.
Now, therefore, in consideration ofthe agreements contained herein, the parties agree:

ARTICLE ONE
DEFlNIIIONS
The following terms used in this Contract shall, unless the context indicates otherwise, have the
meanings set forth below:
ACA: American Correctional Association.
ACA STANDARDS or STANDARDS: The Standards for Adult Correctional Institutions
(Fourth Edition, 2003) published by ACA (as heretofore supplemented and as same may be
.modified, amended, or supplemented in the future).
ADDITIONAL SERVICES: Additional operational and· management services required to be
furnished by the CONTRACTOR, which are required by changes in ACA Standards, laws,
government policies, regulations, or court orders generally applicable to the BUREAU and which
cause an increase in the cost of operating and managing the Facility.
AGREEMENT:
The Cooperative Transfer Agreement between the BUREAU, the
CONTRACTOR, and the Florida Department of Corrections (the DEPARTMENT) which
establishes guidelines for transfer of inmates between the Lake City Correctional Facility and
facilities operated by the DEPARTMENT.
AUTHORIZED REPRESENTATIVE: The person designated in Wliting to act for and on behalf
of a party of this Contract, which designation has been furnished to the other party hereto. In the
case of the CONTRACTOR, the Authorized Representative shall be designated in writing by its
Presiderit .01' any Vice President. The designation of the CONTRACTOR's initial Authorized
Representative shall be delivered to the BUREAU no later than the effective date of this Contract.
The CONTRACTOR's Authorized Representative may designate other persons to assist sl1eh
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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Authorized Representative in the performance of certain obligations required by this Contract. In
the case of the BUREAU, the BUREAU Chief is hereby' designated as its Authorized
Representative. At any time, either party may designate any person as its Authorized
Representative by delivering to the other party a written designation signed, if on behalf of the
CONTRACTOR by its President or Vice President, or if on behalf of the BUREAU by the
BUREAU Chief. Such designations shall remain effective until new written instruments are
filed with or actual notice is given to the other party that such designations have been revoked.
BREACH OF CONTRACT: Any of the events or circumstances described in Article 10.
BUREAU: The Florida Department of Management Services, BUREAU of Private Prison
Monitoring.
CLOSE CUSTODY GRADE: Refers to a class of inmates who must be maintained within an
armed perimeter or under direct, armed supervision when outside of a secure perimeter. Transport
off institutional grounds requires two armed transport officers and the inmate will be restrained
using handcuffs, waist chains with handcuff cover and leg irons.
CONTRACT:
The Operation and Management Services Contract, together with all
attachments and exhibits hereto, and all amendments and modifications hereof.
CONTRACT ADMINISTRATOR: The DMS employee who is primarily responsible for
maintaining the official Contract fIle. As of the Effective Date of the Contract, the Contract
Administrator is Kaye. Robertson, 4050 Esplanade Way, Suite 280, Tallahassee, Florida 32399.
DMS may appoint a different Contract Administrator, which shall not constitute an amendment to
the Contract, by sending notice to the CONTRACTOR.
CONTRACT DOCUMENTS: The Contract, together with the Invitation to Negotiate issued by
the BUREAU and the CONTRACTOR's response thereto, all of which documents are attached
hereto by reference and become a part hereof. In the event of ambiguity or contradiction among
the Contract Documents, the following order of authority shall apply: this Contract, hwitation to
Negotiate, CONTRACTOR's response thereto.
CONTRACT MANAGER:
The BUREAU employee who is primarily responsible for
management and oversight of the Contract and evaluation of the CONTRACTOR's performance of
its duties and obligations pursuant to the terms of the Contract. The Contract Manager is currently
Terry Rocco. The BUREAU may appoint a different Conu'act Manager, which shall not constitute
an amendment to the Contract, by sending notice to CONTRACTOR. Any communication from the
CONTRACTOR to the BUREAU relating to the Contract shall be addressed to the Contract
Manager,
CONTRACT MONITOR: The employee or employees of the BUREAU designated to monitor
the operation of the Facility for contract compliance and to coordinate actions and communications
between the Department and the CONTRACTOR. The Contract Monitor will be designated by the
BUREAU. The CONTRACTOR will be required monthly to reimburse the BUREAU for the salary
and expenses ofthe Contract Monitor. Such salary and expenses will include coverage of employee
benefits. The salary and expenses of the Contract Monitor may be adjusted annually, subject to
legislative appropriations, at a rate not to exceed the CONTRACTOR's rate of per diem increase.
The Contract Monitor will be the official liaison. between the BUREAU and CONTRACTOR
on all on-site matters pertaining to the operation and management services of the Facility.

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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COURT ORDERS: Any existing or future orders or judgments issued by a court of competent
or any existing or future stipulations, agreements, or plans entered into in connection
with litigation that are applicable to the operation, management, or maintenance of the Facility or
related to the care and custody of inmates at the Facility.
.

jurisd~ction

DAY: A calendar day.
DEPARTMENT OR DC: The Florida Department of Corrections.
DMS: The Florida Department of Management Services.
FACILITY: The 893-bed youthful male minimum/medium/close custody secure correctional
Facility located in Columbia County, Florida, and designed and constructed for the detention
of youthful male minimum/medium/close custody inmates. Further expansion of this Facility
may be authorized by the BUREAU. In the event further expansion of the Facility occurs, per
diem and other adJustments will be made upon mutual agreemen,t of the parties.
FIXED EQUIPMENT: Refers to all equipment and systems necessary to the operation of the
Facility, which are an integral part of, or permanently attached to, a structure, or permanently
connected to the Facility utilities.
FORCE MAJEURE means acts of God (i.e., hurricane, tornado, earthquake, natural fire), riot, .
act(s) of terrorism, war or national emergency legally excusing the failure to perform any of the
terms and conditions of this Contract.
INMATE: Any person assigned by the DEPARTJv.lENT to be housed at the Facility over which
DMS has contractual authority.
INMATE DAY: Each day on which an inmate is housed at the Facility, including the first, but not
the last day of-incarceration as determined by the midnight count of each day.
LEASED FURNISHlNGS AND EQUIPMENT: The items of personal property as described in
Article 4.2 of this Contract to be financed or refinanced by disbursements from the Project
Account and leased to the BUREAU pursuant to the terms. and provisions of the Lease
Agreement.
MANAGEMENT SERVICES AGREEMENT, OR CONTRACT: The management services
agreement or Contract, together with all attachments, exhibits, amendments, and modifications
entered into between the BUREAU and the CONTRACTOR.
MEDIUM CUSTODY GRADE: As used herein, refers to a class of inmates who are eligible for
placement at a facility with a secure perimeter and require armed supervision for all movement
outside the secure perimeter. Such inmates may be transported without armed supervision if in a
secure vehicle that does not leave institutional grounds. Transport off institutional grounds, in
a~dition to armed supervision, requires a minimum restraint ofhaJldcuffs.
MOVABLE EQUIPMENT: All furniture. and equipment not permanen~ly attached to the Facility.
OSHA: The Occupational Safety & Health Administrati9n.
PER DIEM RATE: The cost charged per inmate, per inmate day for the. delivery of operation and
management services at the Facility.
PRIVATELY

OPERATED

INSTITUTION

Lake City Correctionai Facility
Operations & Management Services Contract

INMATE

WELFARE

TRUST

FUND

Contract No. DMS 05/06-078
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(POIIWTF): A trust fund account maintained by DEPARTMENT that is required by Section
945.215, Florida Statutes, and into which the net proceeds derived from operating inmate canteens,
vending machines used primarily by inmates, receipts from telephone commissions, and similar
sources shall be deposited monthly.
PUBLIC ENTITY CRIMES: As defined in Section 287. 133(1)(g), Florida Statutes, "public entity
crime" means a violation of any state or federal law by a person with respect to and directly related
to the transaction of business with any p-ublic entity: or with an agency_QI..1LolitiQaLs..uh.c.fud.wn-o.f..an..Yother state or with the United States, including, but not limited to, any bid or Contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other or of
the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
SERVICE COMMENCEMENT DATE: The date on which the CONTRACTOR shall begin
providing operations and management services at the Facility under this Contract, the date which
shall be July 1, 2006.
STATE: The State of Florida, including the Florida Department of Management Services or any
other state government entity referenced therein. These terms may be used interchangeably.
SUBCONTRACT: An agreement entered into by the CONTRACTOR with any other person or
entity to perform any performance obligation for the CONTRACTOR specifically related to
securing or fulfilling the CONTRACTOR's obligations to the BUREAU under the terms of this
Contract.
SUBCONTRACTOR~

Any person or entity other than an employee of the ·CONTRACTOR who
performs or agrees to perfonn any of the CONTRACTOR's obligations under the terms of this
Contract.
UNFORESEEN CIRCUMSTANCES: Those acts or occurrences beyond the reasonable
contemplation of the parties at the time of execution of this Contract that materially alter the
financial conditions upon which this Contract is based.
ARTICLE TWO
SCOPE OF WORK
Article 2.1 Purpose. The purpose of this Contract is to establish the terms and conditions under
which the CONTRACTOR shall operate and manage the Facility.
ARTICLE THREE
TERM OF THE CONTRACT AND REPRESENTATIONS
Article 3.1 Term. This Contract shaII commence at 12:01 a.m. 011 the Service Commencement
Date and terminate three (3) years thereafter, unless terminated earlier pursuant to Article 10 of this
Contract. The BUREAU. may renew the Contract for additional two-year periods by giving
written notice to the CONTRACTOR of its desire to do so at least one hundred twenty (120)
days before the original or any subsequent termination date with concurrence of the
CONTRACTOR.
Article 3.2 Representations of the BUREAU. The BUREAU represents and warrants to and for
the t>enefit of the CONTRACTOR, with the intent that the CONTRACTOR will rely thereon for
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Operations & Management Services Contract

Contract No. DMS 05/06-078
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_

purposes of entering into this Contract, as follows:
3.2.1 Authorization. This Contract has been duly authorized, executed, and delivered
by the BUREAU and, assuming due execution and delivery by the BUREAU
constitutes a legal, valid, and binding agreement enforceable against the BUREAU in
accordance with its terms.
--------r:2::2L>i'sctostIfe.-'I'nerets-nomatenal-facrwl:itelfnrateTl1fl"ly ana adversely affects or in
the future will (so far as the BUREAU can now reasonably foresee) materially and
adversely affect the BUREAU's ability to perform its obligations under this Contract
which has not been accurately set forth in this Contract or otherwise accurately"
disclosed in writing to the CONTRACTOR prior to the date hereof.
3.2.3 Statutory Contingency. The. State's performance and obligation to pay under this
Contract is contingent upon an annual appropriation by the Florida Legislature, pursuant to
Section 287.0582, Florida Statutes; the State is not obligated for any payments that exceed
the amount of the current appropriation, pursuant to Section 957.04(1)(h),(2)(d), Florida
Statutes.
Article 3.3 Representations of CONTRACTOR. The CONTRACTOR represents and warrants to
.and for the benefit of the BUREAU, with the intent that the BUREAU will rely thereon for
purposes of entering into this Contract, as follows:

3.3.1 Organization and Qualification. The CONTRACTOR has been duly incorporated and
is validly existing as a corporation in good standing under the laws in its jurisdiction of
incorporation with power and authority to own its properties and conduct its business as
presently conducted. The CONTRACTOR is duly qualified to do business as a corporation
in good standing in Florida.
3.3.2 Authorization. This Contract has been duly authorized, executed, and
delivered by the CONTRACTOR, and constitutes a· legal, valid, and binding
agreement enforceable against the CONTRACTOR in accordance with its terms.
3.3.3 No Defaults under Agreement. ,The CONTRACTOR is not in default, nor is there any
event in existence which, with notice or the passage of time or both, would constitute a
default by the CONTRACTOR, under any indenture, mortgage, deed of trust, lease, loan
agreement, license, security agreement, 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 ~dversely affect the
CONTRACTOR's ability to perform its obligations under this Contract.
3.3.4 Compliance with Laws. Neither the CONTRACTOR nor its officers and directors
purporting to act on behalf of the CONTRACTOR have been advised, and have no reason to
believe, that CONTRACTOR or such officers and directors have not been conducting
business in compliance with all appHcable laws, rules, and regulations of the
jurisdictions in which the CONTRACTOR is conducting business including all safety
laws and laws with respect to discrimination in hiring, promotion or pay of
employees or other laws affecting employees generally, except where failure to be so in
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Operations & Management Services Contract

Contract No. DMS 05/06-078
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compliance would not materially and adversely affect the CONTRACTOR's ability to
perform its obligations under this Contract.
3.3.5 No Litigation. Except as previously disclosed in writing to the BUREAU, there is
not now pending nor, to the knowledge of the CONTRACTOR, threatened, any action,
suit, or proceeding to which the CONTRACTOR is a party, before or by any court
or governmental agency or body, which might result in any material adverse change in
·-------~tlIe-e(}N1R:'""A:eroR'-~nrD:t1ttytoperform its oollgafions under tlliSComracf, or------"-any such action, suit, or proceeding related to environmental or civil rights matters:
and no labor disturbance by the employees of the CONTRACTOR exists or is
imminent which might be expected to .materially and adversely affect the
CONTRACTOR's ability to perform its obligations under this Contract.
3.3.6 Taxes. The CONTRACTOR has. filed all necessary federal, state, and foreign
income and franchise tax returns and has paid all taxes as shown to be due thereon; the
CONTRACTOR has no knowledge of any tax deficiency which has been or might be
asserted against the CONTRACTOR which would materially and adversely affect the
CONTRACTOR's ability to perform its obligations under this Contract.
3.3.7 Financial Statements. The CONTRACTOR has delivered, or will deliver, to the
BUREAU copies of the' following financial statements with all sub schedules and
footnotes: a balance sheet, profit and loss statement, and a change in financial position
schedule for each of the prior three (3) years. Such financial statements fairly present the
financial position of the CONTRACTOR at the date shown and the results of its
operations for the periods covered, and have been prepared in conformity with generally
accepted accounting principles applied on a consistent basis, except as discussed in the notes
to the financial statements.
3 .3.8 No Adverse Change. Since the date of the CONTRACTOR's most recent balance
sheet provided to the BUREAU, there has not been any material adverse change in the
CONTRACTOR's business or condition, nor has there been any change in the assets or
liabilities or financial condition 'of the CONTRACTOR from that reflected in such
balance sheet which is material to the CONTRACTOR's ability to perform its
obligations under this Contract.
3.3.9 Disclosure. There is no material fact which materially and adversely affects or in
the future will (so far as the CONTRACTOR can now reasonably foresee) materially
and adversely affect CONTRACTOR's ability to perform its obligations under this
Contract which has not been accurately set forth in this Contract or otherwise accurately
disclosed in writing to the' BUREAU prior to the date hereof. Failure to disclose such
material facts, as described above, is grounds for termination for false representation.
ARTICLE FOUR
POSSESSION
Article 4.1 Possession of Facility. On the Services Commencement Date effective the date of
this Contract, the BUREAU shall grant to the CONTRACTOR exclusive use, possession,
and control of the land and property comprising the Facility and its grounds, subject to
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Operations & Management Services Contract

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terms of this Contract and to the right of the BUREAU and other appropriate parties to enter
and/or inspect same. The design of the Facility will be owned by the State of Florida.
Article 4.2 Possession of Leased Furnishings and Equipment.
On the Services
Commencement Date, the BUREAU will grant the CONTRACToR exclusive use and
possession, subject to the terms of this Contract, of leased furnishings and equipment. Items
purchased with state funds are owned by the State of Florida and shall remain with the Facility in
--------.tne evenfonerminatlon or 110n-renewaloft1UsCofitmcr.-A11-fUmisl:lings ana eqUIpment are Stare------property, except for CONTRACTOR Property as set forth under Article 4.5.
Article 4.3 Inventory. As part of CONTRACTOR's responsibility, the CONTRACTOR shall
prepare and maintain an inventory of leased furnishings and equipment. Such inventory shall
include the manufacturer, model number, serial number, monetary value (purchase cost), and
assigned identification number. Leased furnishings and equipment shall remain part of the
Facility and 'may not be removed from the Facility, without approval from the Contract
Monitor, ' The BUREAU shall be entitled to conduct an inventory of leased furnishings and
equipment prior to or within a reasonable time after the Services Commencement Date, and
shall be entitled to conduct an inventory of leased furnishings and equipment throughout the
Term of this Agreement. The CONTRACTOR shall cooperate with the BUREAU in its
'
conducting of all inventories of leased furnishings and equipment.
Article 4.4 Replacement of Inventory. The CONTRACTOR, subject only to the facility
furnishings, fixtures, and equipment covered by the "major maintenance and repair reserve fund"
as described in Article 4.9, shall replace within sixty (60) days of the date of discovery of loss,
theft, damage or inoperability beyond repair with equipment having like functional ability,
life expectancy and quality. Such replacement equipment shall be added to the inventory'
and shall become the property of the State. The Contract Monitor shall be notified quarterly, in
writing, when an item of leased furnishings and equipment is replaced. Such notification
must include all pertinent information (including a copy of the purchase receipt showing
purchase cost, manufacturer, model number, serial number and assigned identification number)
for the replaced item. Inoperable equipment replaced by the CONTRACTOR shall be disposed
of by the CONTRACTOR with prior approval by the BUREAU.
Article 4.5 CONTRACTOR Property.
The CONTRACTOR will provide such other
equipment as it deems necessary which shall be clearly identified and inventoried. Ownership
of this property shall remain with the CONTRACTOR and may be removed from the
premises at any time by the CONTRACTOR, provided that any damage to the Facility
resulting from any removal pursuant to this Article shall he repaired by the CONTRACTOR at the
expense of the CONTRACTOR. Any additional equipment purchased by the CONTRACTOR
during the term of this Contract may be purchased by the BUREAU at the conclusion of the
Contract at the CONTRACTOR's cost, less depreciation. Documentation of costs shall be
provided.
Article 4.6 Sanitation and Hygiene. The CONTRACTOR shall provide an environmentally
clean, healthy; and safe Facility for both employees and inmates as follows:

A. Sanitation and hygiene will be maintained at a minimum, at a level equivalent to the
level of DEPARTMENT facilities. All floors, including concrete shall be waxed and
buffed. Cobwebs or dust build-up anywhere, including on ceiling and wall grills, will
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Operations & Management Services Contract

Contract No,DMS 05/06-078
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not be accepted. The yards will be free of all trash. All kitchen equipment and utensils
shall be free of grease build-up.
B. All areas of the Facility shall be inspected regularly for cleanliness and such inspections
shall be documented.
C. Lighting, ventilation and heating equipment shall be functioning at all times.
]). No fire, safety....9J hs:allh_h~.Irr...d..s_s.ha.lLe.x.i.s_t.,-

_

E. All plumbing equipment, including toilets, sinks, and showers shall be operating
properly at all times.
F. All hazardous chemicals shall be inventoried, stored and maintained in accordance with
OSHA's policy and procedures.
G. Food service areas shall be clean and in compliance with applicable state health
regulations.
Article 4.7 Utilities. The CONTRACTOR shall furnish all utilities.
Article 4.8 Maintenance. The CONTRACTOR shall maintain the physical structure of the
Facility and all tangible personal property contained therein, including leased furnishings and
equipment, in accordance with applicable ACA Standards and Article 4.9, including all
maintenance related to structural conditions or defects as well as ordinary routine maintenance, and
will in so doing maintain, preserve and keep the Facility and leased furnishings and equipment
in good repair, working order and condition, subject to normal wear and tear, and will from
time. to time make or cause to be. made all necessary and proper repairs, including those
identified by self-monitoring and the BUREAU's inspections such that all replacements and
renewals shall thereupon become part of the Facility. It is specifica!ly understood and agreed
that the CONTRACTOR will develop and implement a preventive and routine maintenance
plan and will keep maintenance records. During the term of this Contract, the BUREAU shall
have no responsibility, other than that explicitly provided for under Article 4.9, financial or
otherwise, with respect to maintenance of the Facility. The responsibility for maintenance
of the Facility shall be the sole responsibility ofthe CONTRACTOR.
The maintenance plan shall include the following:
(1)
(2)

Plant equipment;
Structural maintenance; and

(3)

Vehicle preventive maintenance programs

Article 4.9 Maior Maintenance and Repair Reserve Fund. The CONTRACTOR shall
make and be responsible for all routine and necessary repairs of the Facility, and
repairs/replacement of all Facility furnishings, fixtures, and equipment,' so long as the cost
associated with any maintenance, replacement, or repair is $5,000 or less (per item, per
occurrence). Routine and necessary repairs shall be defined as any maintenance or repair
which has a cost of $5,000 or less (per item, per occurrence). On the first day of each
month, the BUREAU will deduct 1/12 of $81,204.32 ($6,767.03 monthly) from the Facility's mandays billing and transfer said amount to the Grants and Donations Trust Fund.
Requests for reimbursement for maintenance or repair costs in excess of $5,000 shall be
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submitted to the BUREAU Chief and, subject to the receipt of written approval from the
BUREAU Chief, the costs of such major maintenance or repairs shall be charged to the Major
Maintenance and Repair Reserve Fund. The BUREAU shall be the owner of such fund, and
the CONTRACTOR shall have no rights, other than as set forth herein, in such fund or in any
fund earnings.
Article 4.10 Access to the Facility. The Contract Monitor, the BUREAU Chief, DEPARTMENT
, - - - - representatives,-ol'-otlIer-des:igriatedrepresenfatives and memoffi"S'OItne BUREltUsrunl have access
at all times, with or without notice, ,to inmates and staff and to all areas of the Facility. Other
BUREAU employees and State officials (including the Governor's Office of Program, Policy and
Government Accountability), on official business, shall have access to the Facility when necessary.
Article 4.11 ExpansionJRenovations. Subject to the prior written approval of the BUREAU,
which approval shall not unreasonably be withheld, the CONTRACTOR shall have the authority
to remodel the Facility or make substitutions, alterations, additions, modifications, and
improvements to the Facility from time to time (provided the CONTRACTOR does not use a
lesser quality; burden of proof of quality is with the CONTRACTOR), the cost of which
remodeling, substitutions, alterations, additions, modifications, and improvements shall be paid
by the CONTRACTOR, and the same shall become part of the Facility, except that other
minor alterations may be done at the CONTRACTOR's expense, without prior approval.
Article 4.12 Material Damage or Loss. Promptly after the occurrence of any damage to or loss
at the Facility that materially affects the continued operation of the Facility, the
CONTRACTOR shall notify the BUREAU of such loss or damage and the BUREAU and the
CONTRACTOR shall jointly assess the nature and extent of such damage or loss and, as soon
as practicable thereafter, determine whether it is practicable and desirable to rebuild, repair or
restore such damage or loss. If the BUREAU and the CONTRACTOR determine that such
rebuilding) repairing or restoring is practicable and desirable, the CONTRACTOR shall
forthwith proceed with such rebuilding) repair or restoration and upon the completion thereof,
such rebuilding, repair or restoration shall thereupon become part of the Facility. In such case,
any insurance proceeds received in respect to such damage or loss shall be used for payment
of) or reimbursement for, the costs of such rebuilding, repairing or restoring. In the event such
insurance proceeds are not sufficient to pay in full the costs of such repair) rebuilding or
restoration, the CONTRACTOR is responsible for payment due in excess of insurance proceeds
received. If the BUREAU and the CONTRACTOR determine that repairing, rebuilding or
restoration is not feasible and agree in writing not to rebuild, repair or restore the Facility) then
this Contract shall terminate with respect to such Facility thirty (30) days after such detennination.
Article 4.13 Vehicles. The CONTRACTOR shall purchase and provide all vehicles required for the
operation and maintenance of the Facility. The CONTRACTOR shall have all vehicles properly
insured for comprehensive, collision, property, medical, personal injmy) theft and replacement
damages.
ARTICLE FIVE
OPERATION
ArticleS.! General Duties. - The CONTRACTOR shall provide the operation and management
services and shall operate, maii1tain, and manage the Facility in compliance with applicable
federal and state constitutional requirements, laws, court orders, and standards (in the case of a
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Operations & Management Services Contract

Contract No. DMS 05/06-078
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conflict between standards, the more demanding standard will control), whether now in effect
or hereafter effected .or implemented, and in accordance with the operational plan, the terms
and conditions contained in this Contract, and any documents referenced therein. The
CONTRACTOR shall be'in compliance with all applicable ACA Standards and requirements
for adult correctional institutions,' except for ACA Standards from which the
CONTRACTOR has been explicitly exempted in writing by the BUREAU Chief, and shall
maintain ACA accreditation. The CONTRACTOR must submit a written request fOT any such
----'""'exempt1bn-totlfe-BtJltEKLJ-Cnief,
may, arlris/her solec1iscret1on, gran'fOfCleny sucR
exemption in writing to the CONTRACTOR. Any decision by the BUREAU Chief is final and not
subject to appeal or challenge by the CONTRACTOR in any civil or administrative forum, nor
subject to any mediation or arbitration proceedings.

wno

Article 5.2 Fiscal Operations. The CONTRACTOR shall comply with all of the following
requirements concerning fiscal operations, including but not limited to, the proper maintenance of
accounting records and the periodic report of financial data in accordance with all auditing
requirements as generally specified'in Articles 5.3 through 5.8.
Article 5.3 Maintenance and Operation of Funds. The CONTRACTOR shall maintain its books
and records in aocordance with generally accepted accounting principles ill reasonable detail to
include, but is not limited to, groups of accounts for Facility operations, health services, substance
abuse programs, educational services programs, food services, security services, maintenance and
administration.
'
Article 5.4 Operation of Inmate Bank. The CONTRACTOR shall maintain Inmate Bank funds
separate and apart from other funds and to abide by DEPARTMENT policy and procedure
directives as regarding the same.
Article 5.5 Operation of the Privately Operated Institutions Inmate Welfare Trust Fund
(POnWTF). The CONTRACTOR shall maintain the Privately Operated Institutions Inmate
Welfare Trust Fund (POIIWTF) accounts in accordance with all applicable standards and
DEPARTMENT rules and regulations. Funds in the POIIWTF may be appropriated annually by the
Legislattrre for the benefit and welfare of inmates incarcerated in privately operated correctional
facilities. By July 1 of eaoh year, the CONTRACTOR must submit a list of expenditures to be made
from the trust fund for the next fiscal year to the BUREAU to be reviewed by the Privately Operated
Institutions Inmate Welfare Trust Fund (POIIWTF) Committee. The POIIWTF Committee will
make its recommendation to the Secretary to be considered by the Legislattrre in the allooation of
funds. In accordance with 60AA-203.l01, Florida Administrative Code, planned expenditures must
cover expenses for unique and innovative programs or items or activities for the inmates at the
Facility. Proposed additional expenditures for contractually required programs will not be
authorized. Also, the CONTRACTOR must compile a report that documents the actual receipts and
expendittrres from this trust fund for the previous fiscal year and the projected receipts and
expendittrres for the next fiscal year, beginning July 1 and ending June 30, and provide such to the
BUREAU.
Expendittrres for operational cost and fixed capital outlay made from the POIIWTF must meet
the guidelines of Section 945.215, Florida Statutes, and applicable terms of this Contract.
The vendor is responsible for contracting and overseeing the construction of fixed capital
outlay projects authorized by the Legislature. All operations and fixed capital outlay projects
and expenditures must be approved by the BUREAU. Expenditures made from the POIIWTF
may not include items included in the CONTRACTOR's response to the ITN.

Lake City Correctional Facility
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Contract No. DMS 05/06-078
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Article 5.6 Auditing of Trust Accounts. The CONTRACTOR shall develop and update, as
necessary, with the approval of the BUREAU, administrative procedures to ensure proper
accounting and internal control qf the receipts and expenditures of the funds from the Commissary
Account and .the POIIWTF. The CONTRACTOR shall have an independent audit of the
Commissary Account conducted on an annual basis and the results of the audit will be submitted to
the BUREAU. CONTRAcTOR will send to the BUREAU a monthly report of deposits and
expenditures made to the POIIWTF. This report should include deposits and expenditures made to
·-----,ffie commIssary accoUnt""
Article 5.7 Financial Reporting. Annual financial statement, prepared in accordance with GAAP
and clearly distinguishing Inmate Bank and POIIWTF, shall be filed not later than July 1st of each
year.
The financial statement shall consist of, at a minimum:
a.

Inmate Bank Fund: Accounting of the Inmate Bank fund, including a
spreadsheet showing all account actions for the relevant time period for
each account and the balance if any at the time of submission of the
statement;

b.

POIIWTF:
A statement of revenues, expenses, and statement of
budgeted and actual expenditures (detailed by object code).

Article 5.8 SEC Reports. The CONTRACTOR shall, on a timely basis, provide the BUREAU
with copies of all annual reports on Fonn 10-K, quarterly reports on Fonn 10-Q and reports on
Fonn 8-K required to be filed by the CONTRACTOR with the Securities and Exchange
Commission. Prior to the execution of the resulting agreement, the CONTRACTOR shall provide
the BUREAU willi its most recent Fonn 1O-K and any Fonn 1O-Q's or Form 8-K's filed.
Artic1e·5.9 ACA Accreditation. The CONTRACTOR shall maintain ACA accreditation for the
Facility pursuant to and in accordance with the terms of Section 957.04(1)(c), Florida Statutes.
The CONTRACTOR must provide a detailed plan addressing the CONTRACTOR's maintaining
ACA accreditation through the term of the Contract. The CONTRACTOR shall maintain ACA
accreditation for the duration of the Contract term. The CONTRACTOR's failure to comply with
this section will be considered a violation of the tenns of this Contract, subjecting the
CONTRACTOR to the assessment of liquidated damages and/or termination of the Contract by the
BUREAU at the BUREAU's discretion pursuant to Article X.
Article 5.10 Classification and Assignment of Inmates.
A. The CONTRACTOR shall provide a classification program that is in accordance with
all applicable standards and DEPARTMENT rules and regulations.
The
CONTRACTOR shall provide suitable office space at the Facility for one (1)
DEPA.~TMENT classification officers, or more, as may be detennined by the
DEPARTMENT, to conduct classification services. The CONTRACTOR may not
make any change in an inmate's custody level, but may recommend .custody level
changes to the DEPARTMENT for approval.
B. Beginning on the Services Commencement Date, inmates will be assigned to the
Facility by the DEPARTMENT at a rate not to exceed capacity of the Facility in
accordance with the following:
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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Youthful male, minimum/medium/close custody security level; the inmates transferred by the
DEPARTMENT shall represent a cross section of the youthful male, minimum/medium/close
custody inmate population, and be mentally, physically, and medically capable of participating in
the programs; prior completion of the initial classification process at a DEPARTMENT facility;
accompanied by all initial classification and subsequent reviews and other necessary
documentation; accompanied with a complete medical record, including chest X-ray; and
. - ··-----accofuparfiea-15y aocumentarion of-the amount contained-m the mma'te'sCommlssary
account with the funds to be forwarded by the DEPARTMENT to the Facility within ten (10) days
ofreceipt of the inmate, in compliance with Chapter 33, Florida Administrative Code.
If an inmate does not meet the qualifications or classification level necessary for classification
to the Facility and the CONTRACTOR is aware of this before acceptance, the CONTRACTOR
may refuse to accept an inmate. If an inmate is later found not to meet the qualifications or
classification level necessary for classification to the Facility, the CONTRACTOR may request
the transfer of unqualified or improperly classified inmates to a DEPARTMENT facility pursuant
to Articles 5.12 and 5.14.

Article 5.11 Orientation ofInmates. CONTRACTOR shall conduct an orientation program for
newly assigned inmates with the program meeting minimum standards as outlined in Chapter 33601.100, Florida Administrative Code.
Article 5.12 Transfer of Inmates. Certain circumstances may require an inmate's transfer out
of the .Facility. These circumstances include custody changes resulting from disciplinary
infractions or other behavior in the Facility; medical and psychiatric transfers, as initiated ·by
medical staff at the Facility; disciplinary transfers in accordance with the CONTRACTOR's
disciplinary procedures; emergency transfers that involve extreme circumstances not nornially
found at the Facility; administrative transfers used in witness protection cases; or to adjust
operational capacities.
The CONTRACTOR may request, in writing, that an inmate be transferred from the Facility.
The BUREAU, the CONTRACTOR, and the DEPARTMENT shall comply with the terms of the
Cooperative Transfer Agreement when transferring inmates between a correctional facility
operated by the DEPARTMENT and a privately operated facility. In the event that a
cooperative agreement cannot be reached on a transfer request, the BUREAU will have the fInal
decision on which inmates may be transferred from the Facility. Any decision by the BUREAU
Chief is final and not subject to appeal or challenge by the CONTRACTOR in any civil or
administrative forum, nor subject to any mediation or arbitration proceedings.
Article 5.13 Release of Inmates. The CONTRACTOR will release inmates in compliance
with the DEPARTMENT's policy pertaining to release and the requirements of Rules 33601.501-503, 60AA-601.501-503, F.A.C., which establishes the procedure to be followed in
providing a discharge gratuity and travel to eligible inmates upon their release. The
CONTRACTOR shall follow procedures which are substantially identical to those in Rules 33601.501-503, 60AA-601.501-503, F.A.C., and make payment from its fund to eligible inmates.
The DEPARTMENT shall not reimburse the CONTRACTOR for discharge gratuity payments
made.

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Article 5.14 Transportation of Inmates. The CONTRACTOR shall not be responsible for
inmate transportation from the DEPARTMENT to the Facility or from the Facility to the inmate's
destination upon transfer. The CONTRACTOR will be responsible for transporting inmates to the
hospital or outside medical appointments. and will be responsible for discharge transportation in
compliance with Rules 33-601.503 and 60AA-601.503. F.A.C., "Discharge Transportation".
Article 5.15 Inmate Discipline. The CONTRACTOR will develop and implement a system
oIinmate rules andchscipTmary procooures in compriai1Ce wlmtneStandaros and penalties--·.·---consisten~ with those imposed by the DEPARTMENT. Disciplinary hearings will be conducted
by the CONTRACTOR's staff who will make recommendations to the DEPARTMENT
classification staff. The DEPARTMENT's classification staff shall either accept those
recommendations or prepare a written statement in which good cause for a rejection of those
recommendations are established. In the event that a recommendation is rejected by the
DEPARTMENT's classification staff. the CONTRACTOR shall have a right of administrative
appeal to the BUREAU Chief. The decision of the BUREAU Chief, in the event of any such
administrative appeal. shall be final and not subject to appeal or challenge by the
CONTRACTOR in any civil or other administrative fonnn, nor subject to any mediation or
arbitration proceedings.
Article 5.16 Inmate Visitation. The CONTRACTOR shall provide all space. furniture,
equipment. and supervision necessary to implement a visitation program in compliance with
the Standards. Both contact and non-contact visitation will be provided as determined by an
inmate's custody level and disciplinary status.
Article 5.17 Drug Testing. The CONTRACTOR shall conduct a random drug testing program
consistent with DEPARTMENT requirements. The program shall also include random anabolic
steroid testing of 5% of all certified staff. subject to forthcoming DEPARTMENT guidelines with
which the CONTRACTOR shall reasonably comply. Montl-.Jy reports must be submitted to the
BUREAU regarding the testing results.
Article 5.18 Inmate Mail and Telephone.
A)

The CONTRACTOR shall provide for mail and telephon~ services in compliance
with the Standards. As required by Section 945.215, Florida Statutes, net receipts
from telephone commissions shall be sent to the DEPARTMENT and deposited
monthly in the Privately Operated Institutions Inmate Welfare ,Trust Fund
(POIIWTF). using the procedure outlined in Article 5.5. Expenditures from this
trust fund must meet the guidelines of Section 945.215. Florida Statutes. and may,
not include items that are part of the Contract. The telephone service provider for
the Facility shall be responsible for the repair and maintenance of any equipment it
installs. However. the CONTRACTOR shall take all reasonable precautions to
prevent damage to the equipment. The CONTRACTOR will provide computer
hardware for administration of the inmate, telephone system. The CONTRACTOR
shall comply with all state, federal and local laws. including the DEPARTMENT's
rules. policies and procedures regarding inmate access to telephones found in
'
Chapter 33. Florida Administrative Code.

B)

The CONTRACTOR shall develop and update, as necessary, with the approval of
the BUREAU. administrative procedures to verify that: contracted telephone
companies accurately record and report all telephone calls made by inmates

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Operations & Management Services Contract

Contract No. DMS 05/06~078
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incarcerated in the Facility; persons who accept collect cal1s from inmates are
charged the contracted rate; and the funds are deposited into the telephone revenue
account and transmitted monthly into the POIIWTF.
Article 5.19 Use of Force. The CONTRACTOR will develop and implement use of force
policies and procedures in compliance with the Standards.
'Artlcle5:2'(Juilnaf"ePerSOiial-Pi'5peYry;-Tne CONTAACTORsna1lClevelop and lmplement policy --------and procedures for handling and disposing of inmate property. Such procedures shall be in
compliance with DEPARTMENT rules, regulations and other applicable standards provided in
Chapter 33, Florida Administrative Code, and the United States Constitution.
Article 5.21 Inmate Grievance Procedure. The CONTRACTOR will develop and implement
an inmate grievance system that meets or exceeds the requirements of federal guidelines
established wlder42 U.S.C. § 1997e (2005).
Article 5.22 Sentence Computation. The CONTRACTOR shall provide the DEPARlMENT
with data and information relating to sentence computation. The decision with respect to sentence
computation rests with the DEPARTMENT.
Article 5.23 Gain Time, Change of' Custody and Furloughs. The CONTRACTOR will
provide spe:cific information to the DEPARTMENT for the purposes of award or forfeiture of
gain time, change of custody or granting furloughs with the decision for such resting with the
DEPARTMENT. In the event that a recommendation is rejected by the DEPARTMENT, the
CONTRACTOR shall notify the BUREAU Chief
Article 5.24 Security.

A)

B)

C)

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Operations & Management Services Contract

Contract No. DMS 05/06-078

Page 15 of 55

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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---

-_.--~-----

Article 5.25 Food Service. The CONTRACTOR will provide a food service program in
compliance with the Standards. Section 957.04 (l)(f), Florida Statutes, requires CONTRACTOR
'-----io--he-re·sp'OlIsible"fora-vari:ety-ors·emc-enn:'01utIirrg-di"er,-a:r-rei:rst-ec:rrrah~nlros-epl'bVltlecI-15snn:e---'-----­

DEPARTMENT in comparable facilities.
The CONTRACTOR shall provide all food, staffing and supervision of preparation for the total
delivery of food service at the Facility. The CONTRACTOR shall provide a full ,service kitchen
with separate dining rooms for inmates and staff.
1.

2.

3.

Master Menu:
a.

The DEPARTMENT has developed, and has in place, a foUr-week cycle
Master Menu that shall be followed by the CON1RACTOR to ensure
inmates housed in the Facility receive the same caloric and dietary
req:uirements. The CONTRACTOR shall serve 2 (two) hot meals per day
in accordance with ACA Standards, with the exception of sack lunches or
other special diets, as directed by medical staff, or the Warden in the case of
an emergency.

b.

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

Delivery of Food:
a.

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

b.

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

c.

Confinement/Infirmary: Inmates who are housed in confinement or
infirmaries shall be fed in the confinement units or infirmmy, whichever is
appropriate.

d.

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

Religious Diets/Alternate Entree: The Facility's Chaplain shall have the authority
under the Florida Administrative Code to approve and facilitate religious diets.
Except in rmoe circumstances, requirements for religious· diets are met by the Master
Menu through the alternate entree program. A non-meat protein source is designated

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Contract No. DMS 05/06-078
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on each daily menu as an alternate to the main entree. Any inmate may choose
between either the main entree or the designated alternate.
4.

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

--------. ---5-.--oTl1e-CONTRACTORSlialraevelop a written policy ana proceaurerordeHvery of----··
food in case of an emergency (examples: non-delivery of food, riots, natural
disasters, equipment failure).
.
6.

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

7.

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

8.

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

Article 5.26 Inmate Commissary·and Vending Services.
A.

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

B.

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

C.

Funds neceSSalY to purchase items for resale in the commissary and inmate vending
machines shall be deposited into a local bank accolmt established by the
CONTRACTOR and approved· by the BUREAU, herejnafter called· the
"Commissary Account."

D.

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

Article 5.27 Health Care Services. The CONTRACTOR will provide medical, dental and
mental health services in compliance with the Standards, that include the following:
Dental/PhysicalfMental Health Services: The CONTRACTOR shall provide, or cause to be
provided, all dental, physical, and mental health services in accordance with all applicable
Lake City Correctional Facility
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Florida laws and consistent with the judicial orders and consent agreements entered into by the
State of Florida in Celestineo v. Singletary. 147 F.R.D. 258 (M.D.F.L. 1993). The
CONTRACTOR shall be subject to the provisions of Sections 945.601, 945.6035, and 945.35,
Florida Statutes. The CONTRACTOR shall stand in the place of the DEPARTMENT for
purposes.ofthe referenced statutes. Accordingly, the Facility shall be subject to comprehensive
surveys by Florida's Correctional Medical Authority (CMA) of the dental, physical, and menta;!.
health care systems no less than biennially. The CONTRACTOR shall designate a Chief Health
_._.--oo----Officer (CHOr:f6rt1ieFaci:l1tY wliOSl1a1lsuomineportsfo -theDEP-A:RTMENl(ana-Direct~
Health Services, as required) for all clinical matters. Any and all contracts for the provision of
dental, physical, and/or mental health services to an inmate shall be reviewed by the CMA, prior to
the operation of said contracts. The CMA reviews and recommendations will be presented to
the BUREAU Chief and the DEPARTMENT. The CMA review will not imply any approval
authority by the CMA, over the contracts prior to operation. Approval authority for any and all
contracts will be the sole responsibility of the BUREAU.
Limitations on inpatient hospitalization costs: If in the opinion of the on-site Chief Health Officer,
the inmate cannot be properly treated in the facility, helshe shall refer the inmate to a medical
facility that can provide the necessary treatment. A list of medical facilities to which inmates
can be referred for off-site care will be agreed on separately by the DEPARTMENT and the
CONTRACTOR. In the event that the DEPARTMENT and the CONTRACTOR cannot
mutually agree on a list of medical facilities that can provide the necessary treatment, the
BUREAU will make the final decision. Any decision by the BUREAU Chief is final and not
subject to appeal or challenge by the CONTRACTOR in any civil or administrative forum, nor
subject to any mediation or arbitration proceedings. The CONTRACTOR shall not be responsible
for inpatient hospitalization costs, including any surgery and specialty services, in amounts
greater than $15,000 per inmate per admission, or for costs incurred after five (5) days of
hospitalization, whichever comes first. If inpatient costs exceed $15,000, as described above, any
further cost will be assumed by the DEPARTMENT. If an inmate is considered by the Facility's
Chief Health Officer to be medically, physically, or mentally incapable of participating in the
programmatic activities (which have been specifically designed to reduce recidivism) for greater
than two (2) weeks, the CONTRACTOR may request in writing that the DEPARTMENT either
transfer the inmate or provide in writing to the BUREAU valid reasons for the failure to do
so. If it is requested that the DEPARTMENT transfer an inmate because the inmate is not
medically, physically, or mentally capable of participating in the programmatic activities,
specific information must be provided that indicates what programmatic activities the inmate is
unable to participate in, and an explanation of the cause.
The CONTRACTOR shall be responsible for providing security for any inmate admitted to a
hospital for the initial period the CONTRACTOR is responsible for inpatient hospitalization
costs. Should the security provided by the CONTRACTOR continue beyond the initial period
because of the need to provide continuous security, such security shall be provided by the
CONTRACTOR. However, the CONTRACTOR shall be reimbursed for reasonable costs
associated with such supplemental security. Any such inmate will be included in the
CONTRACTOR's Midnight Strength Report for any midnight during which the
CONTRACTOR is furnishing security for such inmate. The CONTRACTOR shall notify
the BUREAU and the DEPARTMENT as soon as possible (within twelve (12) hours) any time an
inmate is admitted to a hospitaL

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Contract No. DMS 05/06-078
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Medical Services: The CONTRACTOR will be responsible for the follovring: all inmate medical
costs for care provided at the facility to include emergency outpatient care, pharmaceutical services,
initial intake screening for medical, dental and mental health pre-existing conditions, detoxification
of substance abusers, medically required eyeglasses, hearing aids, and dentures; regularly scheduled
chronic illness clinics conducted under the direct supervision of the Chief Health Officer for the
following conditions: diabetes; respiratory; cardiovascular; seizure disorder; tuberculGlsis
preventive therapy; general medicine; immunodeficiency; and hepatitis C; an infectious disease
'---'elliJmrtion progranr1'orinmates Wlficn wm-oe conslsrent wlfh-meDEFA:RTIVlENT' s exlstfu-g------·
health education program for HlV'and AIDS as described in Section 945.35, Florida Statutes. No
more than 16% of the population shall be M2 andlor M3 (previously P2 and P3); there can be a 2%
variance. No more than 5% of the population shall be HlV positive; there can be a 0.5% variance.
No more than 3% of the population shall be S-3 at anyone time; there can be 0.5% variance. No
more than 29% of the population shall be close custody; there can be a 3% variance. The
CONTRACTOR should follow requirements outlined in Section 945.355, Florida Statutes.
Inmate Co-Payment: The CONTRACTOR shall be responsible for collecting a medical co-payment
for each inmate-initiated, non-emergency visit to a health care provider as required by Section
945.6037, Florida Statutes. The fees collected will be retained by the CONTRACTOR and the same
amount will be deducted from the monthly management payment billing. All co-payments must be
noted in the Offender Based Information System and accounted for in the medical record. A
monthly report of co-payments will be included with the management payment billing.
Chief Health Officer: The CONTRACTOR shall designate a Chief Health Officer (CHO) for the
Facility who shall submit reports to the DEPARTMENT (and Director of Health Services, as
required) for all clinical matters.
Health Education Program: The CONTRACTOR shall develop, subject to DEPARTMENT
approval, an inmate health education program. To promote this health education process,
informational programs shall be made available based on the requirements of Florida Statutes and
assessed educational needs of the inmates. Selected topics for these programs may include but are
not limited to:
1)

Personal hygiene;

2)

Nutrition;

3)

Physical fitness;'

4)

Stress management;

5)

Sexually transmitted diseases;

6)

Chemical dependency;

7)

Tuberculosis and other communicable diseases;

8)

Effects of smoking;

9)

HlV/AIDS;

10)

Hyp~rtension/Cardiac;

11)

Epilepsy;

12)

Diabetes;

13)

Dermatology; and

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Operations & Management Services Contract

Contract No. DMS 05/06-078
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14)

Rehabilitation.

An infectious disease education program for inmates, which will be consistent with
the DEPARTMENT's existing health education program for HN and AIDS as
described in Section 945.35, Florida Statutes.
Quality Management: The CONTRACTOR shall establish and' maintain a Clinical Quality
Management program that maintains full compliance with DEPARTMENT rules and regulations
'--=an=-::ld'-tneDEPARTMENlOffice orHeal'tlf'SetvicesTeclmicanfiSffiICtlons that penain fo:
.----.-.--.
1)

Quality Management

2)

Infection Reporting to the Department ofHealth

3)

Infection Control Program

4)

Medical Peer Review Committees

5)

Clinical Risk Management Program

6)

Mortality Review Program

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

Current illness.

2)

Communicable diseases.

3)

Alcohol/chemical abuse history.

4)

Medications currently being taken.

5)

Dental status.

6)

Chronic health problems.

Observation of:
1)

State of consciousness.

2)

Mental status.

3)

Appearance.

4)

Conduct.

5)

Bodily defonnities and ease ofmovement.

6)

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

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Contract No. DMS 05/06-078
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Explanation of procedures for access to health and dental services shall be provided
to inmates both orally and in writing via the Inmate Handbook. The handbook will
be provided by the DEPARTMENT, along with additional information necessary to
inform the inmate about unique Facility operations.

. _.__.

Refenals: All routine referrals shall be approved by the CRO and outside referrals shall be made
only when appropriate. Coordination and compliance with the DEPARTMENT's utilization review
.J2rQgram reQUirements is mandatory:. AP-p-rQmiate_u:~.rr.~JJ..Qg(Ls.h?1Lb_e-1Uain.t.a.in.e..d_an.d_aY-ailable_fQl, ...·
review upon request.
Staffing ofHealth Care Professionals: The CONTRACTOR shall employ only candidates who have
appropriate Florida licensure and certification and who have provided letters of recommendation. .
Each candidate will be subject to a credentials review and approval process with individual
certification that the employee has the requisite training, experience and licensure or certification
necessary to perform the duties assigned. The credentials process must meet or exceed the
requirements of Florida Law. All Physicians, Advanced Registered Nurse Practitioners (ARNPs),
Psychologists, Psychological Specialists, Physicians' Assistants and Dentists or clinical equivalents
of these position titles employeo. .by the CONTRACTOR shall be credentialed.
The
CONTRACTOR shan provide a certification statement on each individual to the Director of the
DEPARTMENT Office of Health Services certifying that the credentials of each individual have
been reviewed and he/she is certified as qualified to perform the duties assigned.
Medical Records: The CONTRACTOR shan ensure that all health care unit staff document each
health care encounter in the Problem-Oriented Medical Record utilizing the SOAP format,
(including DEPARTMENT approved forms) as outlined in DEPARTMENT rules, Technical
Instructions and Florida Statutes.
The CONTRACTOR shall ensure that each health record is complete, accurate and contains
sufficient documentation to wan'ant the treatment rendered and that each entry is made in a timely
manner. This shall include requesting, and documenting the request for all available previous
medical records and composing a medical history.
The CONTRACTOR shall ensure that all medical record procedures concerning confidentiality are
followed. Medical records shall remain the property of cthe DEPARTMENT and information
contained in a medical record shall not be released to anyone who is not legally authorized to
receive it.
The CONTRACTOR shall ensure that each medical record meets the provisions in Florida Statutes,
DEPARTMENT rules, Technical Instructions, the Health Record Manual, HIPAA, and other
applicable laws, rules and regulations.
Other General Health Service Requirements: Routine .transportation of inmates for medical visits,
consultations, diagnostics studies and hospital admissions shall be the responsibility of the
CONTRACTOR.
Subject to the approval of the DEPARTMENT, hospitalization or other specialty care which is
.required in follow-up to a previous surgery or procedure shall be referred to the provider or Facility
originally providing the services.
.
CONTRACTOR's personnel shall establish regular meetings with representatives from the
designated hospital and other providers to coordinate the refen'a1 of inmates. Policies and
procedures shall be developed by CONTRACTOR regarding referral methods, scheduling,
transportation, reporting of test results, medical records, acute care hospitalization and patient
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
Page 22 of 55

.

.

follow-up, subject to approval of the DEPARTMENT.
Article 5.28 Physical Health Services.

A.

Chronic Dlness Clinics: The CONTRACTOR shall provide regularly scheduled
chronic illness clinics conducted under the direct supervision of the Chief Health
Officer for the following conditions:
- - - - - - - - -_ _l,..)_ _diahetes;._ _-:.
2)

respiratory;

3)

cardiovascular;

4)

seizure disorder;

5)

tuberculosis preventive therapy;

6)

general medicine;

7)

immunodeficiency; and

8)

hepatitis C.

B.

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

C.

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

D.

1)

In-service education on first aid and emergency procedures.

2)

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

3)

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

4)

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

5)

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

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

Upon request by the inmate;

Lake City Correctional Facility
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Contract No. DMS 05/06-078
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2)

W4en there is evidence that an inmate, while at the Facility, has engaged in
high-risk behavior, as established in Section 945.35, Florida Statutes, for
transmitting or contracting HIV;

3)

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

4)

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

E.

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

F.

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

AIDS.
G.

Optical Services: The CONTRACTOR shall provide for Optical Services, including
eye examinations perfonned on-site or off-site and in accordance with ACA
Standards and DEI>ARTMENT bulletins. A qualified optometrist shall examine
inmates with specific complaints. Eyeglasses shall be provided at the inmate's
expense unless clinically mandated by an ophthalmologist at which. time the
CONTRACTOR is financially responsible.

H.

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

1)

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

2)

Daily infirmary rounds by nursing staff;

3)

24-hour Physician on-call coverage;

4)

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

In addition, the CONTRACTOR shall develop a manual of nursing care procedures
and ensure that a medical record is established for each patient. All infirmary
encounters by a health care provider shall be documented in the inmate's medical
record.
If, in the opinion of the on-site CHO, the inmate cannot be properly treated at the
Facility, the inmate shall be referred to a Facility that can provide the necessary
treatment, which has been mutually agreed to by the DEPARTMENT and
CONTRACTOR to provide hospital-based services for the DEPARTMENT's
inmates.

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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Those inmates requiring care beyond the capability of the infirmary shall be
hospitalized at a licensed community facility. Routine admission from the Facility
shall be made to a hospital facility approved by the DEPARTMENT.
Recommendations for hospitalization, with the exception of emergency situations,
shall require review and approval by the on-site CHO. Hospital admissions that
arise from emergency situations shall be reviewed by the on-site CRO within 48
hours of admission.
Treatment, care or medical procedures including but not limited to surgery, or
prosthetics, initiated at the Facility, shall be completed prior the clearance of the
inmate for transfer to another DEPARTMENT facility with the exception of
emergency disciplinary or mental health transfers. Services may be provided at the
receiving facility and billed to the CONTRACTOR, or with the approval of the
DEPARTMENT and the BUREAU, the inmate may be returned to the sending
Facility.
The CONTRACTOR shall be respon,sible for all levels of care, including Secondary
or Tertiary level of care for permanent inmates assigned to the Facility.

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

Chapter 466, Florida Statutes

e

American Correctional Association standards

•

American Dental Association standards

•

Florida Board of Dentistry Rules

•

Center For Disease Control Standards

•

Occupational Safety and Health Administration Standards

The CONTRACTOR shall provide emergency and comprehensive dental care, consistent
with all applicable laws, rules, regulations and practicing standards. This includes
reexamination, complete and partial dentures, cro"vns and bridges when indicated, operative,
endodontics, periodontics and oral surgery. Prevention of dental diseases must be stressed'
along with oral hygiene education. The CONTRACTOR shall have back-up coverage when
the Facility's dentists are not available.
All Facility dentists shall be currently licensed in the State of Florida and be in good .
standing with the Florida Board of Dentistry. Copies of such licensure shall be maintained
by the Facility.
If applicable, all dental prosthetics shall be provided by the CONTRACTOR through
PRIDE of Florida Dental Laboratory. Clinical oversight of the Facility's dentists shaH be
provided by the DEPAR1MENT Office of Health Services' Director of Dentistry. The
CONTRACTOR's provision of dental services shall include the following components:
A.

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

B.

Development of a dental treatment plan that includes:
1)

Prioritization of needs;

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ContraetNa. DMS 05/06-078
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2)

Counseling on oral hygiene:

3)

Fillings, cleaning and prosthesis: and

4)

Dentistry based on preventive care and complaint-oriented care.

Article 5.30 Mental Health Services. The CONTRACTOR shall ensure that inmate mental healtl1
care is delivered in a manner that complies with all state and federal laws, rules and regulations
_ _ _ ,.c.ontaine.~_he.re.in.---T.heJ>...E£ARTM,EID'_pJl..b1i.9Ati<m~Mental
H~alth Services Plan,~~p-rovides
guidelines on how the DEPARTMENT has organized its mental health' care system. Inmates are
assigned to a correctional facility according to the mental health grade assigned during the health
assessment each inmate receives upon incarceration with the State. Throughout the term of the
prospective Contract, the CONTRACTOR shall utilize the mental health grading assignment system
utilized by the DEPARTMENT and shall comply with the DEPARTMENT's Mental Health
Services Plan.
The CONTRACTOR shall provide Mental Health Services to inmates that include, but are
not limited to, the following:
A.

Screening and orientation of all new arrivals.

B.

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

C.

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

D.

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

E.

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

F.

Psychiatric assessment of those inmates referred for possible pharmacological
intervention.

G.

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

H.

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

1.

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

J.

Regular group and/or individual counseling for all imnates requiring such pursuant
to DEPARTMENT standards and the rules and regulations as described herein, and
others in need of treatment.

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
Page 26 of 55

Ie

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

Additional contractual responsibilities will be:

'

.

L.

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

M.

Supervision of non-doctoral psychological staffby a doctoral psychologist.

N-.--Th"Ol'ough-duCU1rrentati"oirofs'erviC"e-de1iveryin-the-iI:rm:ate~s-rnedi'cahe·c'OTd-. --------,.-------O.

Maintenance of logs of workload and service delivery.

P.

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

Q.

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

R.

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

S.

Counseling programs.

T.

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

Article 5.31 Pharmacy Services. The CONTRACTOR shall provide Pharmacy Services and such
services will be performed in snict compliance with applicable Florida Statutes, Florida Board of
Pharmacy Rules, Federal Drug Enforcement Administration Rules, DEPARTMENT Policies and
Procedures and ~11 other applicable rules and regulations referenced herein.
. The Pharmacy shall be permitted to provide all pharmacy services for medication distribution at the
Facility as required by Chapters 465 and 893, Florida Statutes. This may be effected by utilizing
on-site pharmacies, mail order pharmacies or any pharmacy process meeting the requirements in
this section.
The CONTRACTOR shall establish a· Facility Pharmacy and Therapeutic Committee that shall
make determinations regarding pharmacy services provided by the CONTRACTOR.
The CONTRACTOR shall provide coverage on-site or on-call by a licensed pharmacist 24 hours a
day, 7 days a week. Each pharmacist performing services under the Contract shall be reachable by
beeper.
The CONTRACTOR shall provide, fU111ish and supply pharmaceutical and drugs to the Facility
utilizing a '''unit dose" method of packaging. Unit doses of medication to be administered by
nursing staff are to be provided in a patient specific format. If each dose is individually labeled and
packaged, the label shall include the drug name, strength, lot number, expiration date and
manufacturer. If a modified unit dose system such as a card or blister pack is utilized, each card or
pack shall be labeled as a prescription. Prescriptions. shall minimally be labeled to include the
inmate name and number, drug name, dosage, directions (frequency of administration) prescribing
physician, pharmacist's initials, date, quantity of tablets, manufacturer, lot number and expiration
date and any applicable warnings or dietary instructions.
The CONTRACTOR may provide liquid psychotropic medications in unit doses, individually
labeled, with manufacturer, lot number, expiration date and date paqkaged listed. If the
CONTRACTOR utilizes pill form psychotropic medications, the necessary precautions must be
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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taken to prevent inmate "cheeking" or other means of retaining medications without ingestion.
The CONTRACTOR shall strictly comply with the DEPARTMENT's formulary in all cases unless
the DEPARTMENT approves a medication exception request.
The CONTRACTOR shall provide other medications in liquid unit dose properly labeled as
specified by the CHO.
--------·----'The-eeNTR:A:8q:eR-snall-fl1'0:v-iE1e-inj€G-taNe-medicatiol1s-as-r.equire.d.

.

The CONTRACTOR shall provide hypodermic supplies to inclu.de needles and sYringes and
disposal containers that are tamper proof and puncture resistant. The CONTRACTOR shall be
responsible for appropliate disposal andlor destruction of needles and syringes with documentation.
The CONTRACTOR shan provide on-site STAT dose capability for emergency stock of drugs in
unit dose packages to be used in emergency situations or until regular delivery of medications can
resume. The specific drugs and quantities shall be determined by the CHO in conjunction with the
Facility's Pharmacy and Therapeutics Committee.
The CONTRACTOR shall provide emergency drugs in sealed emergency kites) as requested by the
CHO.
.
In accordance with all governing DEPARTMENT rules and regulations, the CONTRACTOR shall
provide and fill all prescriptions for inmates leaving on writ or discharge for a maximum of thirty
(30) days or in sufficient.quantity to complete the current prescription. In no event shall an inmate
on maintenance medications b~ released or sent without at least seven (7) days supply of such
medication. The medication should be provided to the transfelTing officer along with the transfer
summary.
The CONTRACTOR shall properly package all medications in light andlor humidity resistant
containers as appropriate.
The CONTRACTOR shall label each. prescription container to include inmate name, inmate
number, inmate location, date, medication name, strength, instructions, prescribing physician,
quantity, phannacist's initials, prescription number and warnings.
The CONTRACTOR shall package non-controlled, non-abusable medications in not more than a
monthts supply as directed by the Facility's Chief Health Officer. If the quantity is larger than 120
tablets, the supply shall be dispensed not to exceed 120 tablets with appropriate refills.
The CONTRACTOR shall maintain copies of all prescriptions issued to inmates in a permanent file
on-site for a period oftln'ee (3) years. Copies will be provided to the DEPARTMENT upon request.
The CONTRACTOR shall maintain appropriate documentation including, but not limited to,
inventory records, controlled drug perpetual inventory, patient profiles and cost data for financial
records. All documentation shall be made available for review by the Warden and the
DEPARTMENT Office of Health Services' Director of Pharmacy, or designated representatives of
DMS.
The CONTRACTOR shall document and maintain a medication administration record to include all
information contained on the prescription label and the name of the practitioner who prescribed the
medication.
The CONTRACTOR shall perform in~service training for staff according to a schedule mutually
agreed upon and approved by the DEPARTMENT.

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
Page 28 of55

_

The CONTRACTOR shall provide a licensed phannacist to perfonn third party drug utilization
reviews as requested by the DEPARTMENT Clinical Quality Management Committee.
The CONTRACTOR shall provide a licensed consultant phannacist to conduct monthly inspections
of all institutional areas where medications are maintained. Inspection shall include, but not be
limited to, the expiration dates, storage and a periodic review ofmedication records. The consultant
phannacist's monthly inspection report shall be completed. One copy shall remain in the pharmacy
-_···_._·---and.a-second..cop:y-shalLbe..sent.to_.the..D.E:E.8.RIMENT..Dir.e.c.t.o.r...Q[eh.a.:roJ~LQY-,

The CONTRACTOR shall provide a Pharmacist to serve as chairperson of the Facility's Pharmacy
and Therapeutics Committee and to consult on-site and by telephone with the CHO and staff as
requested.
Article 5.32 Laboratory Services. The CONTRACTOR shall provide Laboratory Services for all
medically necessary and. appropriate diagnostic laboratory procedures in accordance with the
requirements set forth below:
All STAT laboratory work shall be performed at a local hospital or accredited laboratory nearest the
Facility. Results shall be telephoned immediately to the requesting physician and a written report
shall follow within 24 hours.
Non-urgent laboratory services may be provided to the Facility by the DEPARTMENT's laboratory
services contracted provider or by the CONTRACTOR under a written arrangement. The most
cost-effective process may be utilized subject to prior Office of Health Services' approval.
However, the subcontracted laboratory must be in compliance with all applicable requirements of
Chapter 483, Florida Statutes, and the Standards as described herein. If the CONTRACTOR
provides any in-house laboratory testing, it must also be in compliance with the appropriate
provisions of Florida law. If only waived tests are conducted, the CONTRACTOR must obtain a
Certificate of Exemption from the Agency for HeaIthcare Administration.
Services shall include, but not be limited to: .

A.

Laboratory supplies and required equipment (i.e., centrifuges).

B.

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

C.

Printer installed
ACCEPTABLE).

D.

Immediate telephone contact with written reporting capability within 24 hours.

at

the Facility, to

provide test

results

(FACSIMILE NOT

The CONTRACTOR will provide a physician!ARNP who shall check, initial and date all laboratory
results :within an appropriate time, not to exceed 24 hours (weekends excluded), to assess' the
follow-up care indicated and to screen for discrepancies between the clinical observations and the
laboratory results. In the event that the laboratory report and the clinical condition of the patient do
not appear to correlate, it shall be the responsibility of the physician to make a clinical assessment,
and to provide appropriate follow-up, which shall include reordering of the lab tests.
Article 5.33 Radiology Services. The CONTRACTOR shall provide Radiology Services for all
medically necessary and appropriate diagnostic X-ray procedures.
Subject to the prior approval otthe DEPARTMENT Office of Health Services. All services shall be
provided in accordance with applicable state and local regulations for equipment and personnel
licensure.
The CONTRACTOR shall ensure that X-ray films are read by a radiologist. The radiologist shall
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06·078
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call the Facility CHOfARNP with any report reqmnng immediate intervention.
The
CONTRACTOR shall ensure that a written report, on the appropriate DEPARTMENT fonn, is
forwarded as required. All emergency X-rays that are required at times other than normal working
hours shall be pelformed at a local Facility. A physician shall review, initial and qate all X-ray
reports within a reasonable time.
Article 5.34 Inmate Programmatic Services. The CONTRACTOR shall provide Inmate
. P-1'0gFa:mmatiG-g€PI-ices-inc.luding-academic-and_'l.o.c.ation.aLp.T-O..m:ams that have the objective of
reducing recidivism by assming the successful reintegration of the inmates back into society 'upon- - - - - - - - release from incarceration. Such services shall be initiated upon the Service Commencement Date,
that will be maintained continuously and will be certified by the appropriate governing agency(ies).
Teacher's and Instructor's credentials must meet or exceed all applicable requirements of Florida
Law. The inmate participation requirements set forth in Exhibit 1 shall be reevaluated annually and
adjusted as necessary by mutual agreement of the parties through an addendum to this Contract; any
reduction in inmate participation requirements shall be accompanied by a corresponding reduction
under Article 7.1.
In addition, the CONTRACTOR may utilize volunteers for programs that will contribute to leisure
time, religious educational programs, or that in the CONTRACTOR's judgment may contribute to
inmates' adjustment in the Facility or upon release. Volunteers shall be screened according to the
established DEPARTMENT policy.
All inmate programs are subject to reporting requirements of the state and federal government. All
programs must be offered on a continuous basis. Teacher/instructor ratios are to be reasonable to
accomplish this goal, and once approved are subject to the vacant positions clause of the Contract.
The CONTRACTOR shall achieve and maintain performance measures for these programs as stated
in the Contract and shall provide DMS with a quarterly status report indicating whether the
programs' goals have been met or the reason why the goals have not been met.
Types of program services to be provided include, but are not limited to the following:
A.

Industry Programs that are specialized to meet current needs of the Facility and or
the DEPARTMENT. The industry progran1 will be designed to impart knowledge
and develop skills that are essential for success in meeting the needs of the Facility
and or the DEPARTMENT, with adequate experience to enable the inmate to obtain
outside employment. Actual work-based projects are to be included in the learning
activities. Industry programs must have specific performance measures: number
enrolled, number participated, number completed, number certified,· etc., with the
goal of placing as many inmates as feasible in a work program to benefit the state
and maintain security in the Facility. The custody level of the inmate is to be a
consideration in establishing and assigning inmates to industry programs. The
program may include subcontractors to accomplish the program goals.

B.

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

C.

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

D.

Religious Services shall be made available to all inmates who wish to participate in

Lake City Correctional Facility
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Contract No. DMS 05/06-078
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accordance with the Standards and the United States Constitution. Services may be
provided by a Chaplain(s) hired by the CONTRACTOR, or by qualified volunteers.
If the CONTRACTOR chooses to depend upon volunteer services and said services
prove to be inadequate to meet the needs of the inmates as detennined by the
BUREAU, then the CONTRACTOR shall hire one or more Chaplains at no
additional cost.

E-:--_.8rgat1:iz:ed-weekly-reHgieus-serv-iee;"'shaJl--ee-e:ffere€h---Veh:lflteet's-ft:effi-the---------community may be utilized to assist in offering a variety of religious programs.
Religious activities must be afforded in accordance with applicable federal and state
laws. Pastoral qualifications of employees or volunteers in this program must meet
the minimum qualifications required by the DEPARTMENT.
F.

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

G.

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

Article 5.35 Program Plan. CONTRACTOR shall provide as part of its Contract a plan for
providing academic and vocational programs to inmates ("Program Plan"), to be initiated upon the
commencement date, that will be maintained continuously and certified by the appropriate
governing agency(ies). All programs are subject to reporting requirements of the state and federal
.govemment. All Programs described in the Contract must be offered on a continuous basis.
Teacher/instructor ratios are to be reasonable to accomplish the goal, and once approved are subject
to the vacant positions clause of the Contract. The CONTRACTOR shall achieve and maintain
performance measures for these programs and shall provide the BUREAU with a quarterly status
indicating whether the programs' goals have been met or the reason why the goals have not been
met. See Exhibit 1 for a detailed plan.
Article 5.36 Inmate Laundry and· Clothing. The CONTRACTOR will furnish uniforms,
including shoes, for inmates that will be properly sized and fitted, climatically suitable, durable and .
presentable. The CONTRACTOR will provide laundry services and clothing in compliance with
the Standards to include, but not be limited to the following:
•

Regular changes of clothing;

•

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

•

Clean bedding and linen.

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

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
Page 31 of 55

------------ ---. ---- -

-----------------------------------------_.1

Aliicle 5.38 Library. The CONTRACTOR shall provide an inmate library in compliance with the
Standards.
.
Article 5.39 Access to Courts. The CONTRACTOR shall provide inmates access to courts in
compliance with the Standards as referenced herein and the United States Constitution.
~rticle 5.40 C<:?NT~CTOR

A.

Staffing Requirements.

The CONTRACTOR shall provide sufficient, qualified personnel to oversee and
carry out the required operations of the Facility as specified in this Contract and in
accordance with ACA Standards.
The CONTRACTOR shall maintain a file containing job descriptions for each
position contained within the .staffmg pattern. All security posts will have a post
order with sufficient detail to insure the security person filling the position can
accomplish all tasks.

B.

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

C.

Vacancies: It is understood and agreed that from time to time a vacancy may
occur in staff'positions required by the staffing pattern. For purposes of this
Contract, a vacant position is defined to occur when the employee assigned to
that position has resigned, been terminated, or is reassigned to another position.
A vacant position also includes a staff position that is filled with a person who does
not possess the training, licensure or credentials required to perfonn the function. A
vacancy does not occur when an employee is temporarily absent due to vacation,
sick leave, or other temporary leave condition. In the case of a vacancy, the
CONTRACTOR may arrange for the service to be provided by another
appropriately qualified employee, subject to the overtime restrictions in Article
5.24, so long as the service is actually provided on the shift or during the hours.
The CONTRACTOR agrees to exercise due diligence to attempt to fill any
vacant security positions within thirty (30) days of vacancy and to fill any nonsecurity positions within forty-five (45) days after the date upon which the position
becomes vacant. If the CONTRACTOR anticipates a problem in filling a vacant
position within the thirty (30) day allowance for security positions or the forty-five
(45) day allowance for non-security positions, the CONTRACTOR must request a
waiver from the BUREAU on a case-by-case basis to fill a position with contracted
staff. The request shall be submitted to the BUREAU Chief and the BUREAU's
Contract Monitor. The BUREAU shan respond to any such request within three (3)
working days. Positions not filled with pennanent employees or contracted staff
will incur vacancy deductions until the position is filled. A list of vacant

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
Page 32 of 55

positions along with a position control documentation must be provided to that
effect to the BUREAU's Contract Monitor to be included on the monthly vaoancy
report submitted to the BUREAU. Where contracted staff is utilized, the
CONTRACTOR must submit the invoice relative to payment for such contracted
staff, reflecting dates of service and costs, to the BUREAU's Contract Monitor
along with the position control documentation. The CONTRACTOR shall also
submit documentation of any use of overtime to fill vacant positions after the
specffiea.l1mes. The-:BUREA"USl1at1adjusrtl1e"1vtlrff::rgetrrel1TPaymenturrderArt±c-le--------7.1 accordingly. This adjustment shall not be considered a form of liquidated or
actual damages, but is a withholding ofpayment for a service not provided.
As long as the CONTRACTOR has exercised and continues to exercise due
diligence to fill a position, the fact that the position remains vacant shall not
constitute an Event of Default, but if the CONTRACTOR has less than the
.required number of employees for· more than the specified time, deductions
for vacancies will be made from the monthly per diem paid by the BUREAU
using the 365-day method inclusive of benefits, until such time as the position is
filled permanently or with contracted staff.
D.

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

E.

Minimum Required Staffing Positions: As provided by ACA.

a)

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

b)

CONTRACTOR Staff Conduot: The CONTRACTOR shall ensure that all
staff adheres to the following requirements for conduct:
The CONTRACTOR or staff shall not display favoritism to or preferential
treatment of, one inmate or group of inmates over another.
The CONTRACTOR or staff shall not display any favoritism or preferential
treatment to family, friends of employees or inmate family members.
The CONTRACTOR or staff shall not enter into any business relationship
with inmates or their families (example - selling, buying or trading personal
property), or personally employ them in any capacity.
Unless approved in writing by the Contract Manager, the CONTRACTOR
or staff shall have no outside contact (other than incidental contact) with an
inmate residing at the Facility or their family or close associates, except for
those activities which are approved as part of the Contract and part of the
employee's job description.
The CONTRACTOR or staff shall not engage in any conduct which is
criminal in nature or which would bring discredit upon the CONTRACTOR
or the BUREAU. In providing services pursuant to this Contract, the
CONTRACTOR shall ensure that their employees avoid both misconduct
and the appearance ofmisconduct.
Any violation or attempted violation of the restrictions referred to in this

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
Page 33 of 55

section regarding employee conduct shall be' reported by phone and itl
writing to the Contract Manager and the Warden, including proposed
corrective action to be taken by the CONTRACTOR. Any failure to report
a violation or take appropriate disciplinary action against the offending
party or parties shall subject the CONTRACTOR to appropriate action, up
to and including termination of this Contract.
-----,--,-1be-.c.ON,TRAGT.O.R-sha1Lr.e.p.o.rt_an.y_uula.ti.QuLd§.ID.il~il~bov~

and ..M!Y.
other incident requiring investigation by the CONTRACTOR in writing to
the Contract Manager within 24 hours of the CONTRACTOR's knowledge
of the incident.

The CONTRACTOR shall provide their employees with a copy of these
standards of employee conduct and document receipt of such notification in
the employee's persolmel file.

c)

Criminal History Check: The CONTRACTOR shall ensure its officers,
employees or agents, and any subcontractor or subcontracted staff
performing operational and/or management services at the ;Facility, shall be
subject, at the CONTRACTOR's expense, to a Florida Department of Law
Enforcement (FDLE) Florida Crime InfOlmation CenterlNational Crime
Information Center (FCIC/NCIC) criminal history check. This criminal
history check will be conducted by the State and may occur or re-occur at
any time during the contract period. The State has full discretion to require
the CONTRACTOR to disqualify, prevent, or remove any staff from any
work under this Contract. In order to carry out this criminal history check,
the CONTRACTOR shall provide, prior to commencing services or upon
request, the following data for any individual contractor's or
subcontractor's staff assigned to the contract: Full Name, Race, Sex, Date
of Birth, Social Security Number, Driver's License Number and State of
Issue.
The CONTRACTOR shall screen all potential employees through referral,
employment and background checks prior to the individual providing
services, custody, control or supervision to inmates as directed by this
Contract. This screening shall include but not be limited to employment
history, academic/vocational achievement, references, organizational
affiliations and any certifications or licensures.
The CONTRACTOR shall require that all cun"ent and potential employees
provide the details of any of the following criminal background
infonnation:
G
IS

Conviction of a felony or first-degree misdemeanor;
Pled nolo contendere or pled guilty to a crime, which is a felony or
first-degree misdemeanor; ,

•

Had adjudication of guilt withheld to a crime, which is a felony or a
first-degree misdemeanor; and'
'

•

Current pending charges for a violation oflaw.

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Contract No. DMS 05/06-078
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•.

'

_

The CONTRACTOR shall not assign or employ personnel to provide any
services pursuant to this Contract who were convicted of a felony unless
approved in writing by the Contract Manager.
The CONTRACTOR shall ensure that the Contract Manager is provided the
information needed to conduct the NCIC/FCIC criminal history check prior
to any new contractor or subcontractor staffbeing hired or assigned to work
.und~r-th€-GQntl:act.-T.he-CON.:rRAC.I.OR-shalLn.o.Lo.ffeLemplo.y.menLt.!:La.ny-,_.

individual or assign any individual to work in accordance with this
Contract, who has not had an NCIC/FCIC criminal history check conducted
'
and employment approved by the BUREAU.
The CONTRACTOR shall not hire any individual to provide services as
described in this Contract who has been barred from any BUREAU,
DEPARTMENT or other criminal justice facility.
The CONTRACTOR shall immediately report to the Contract Manager any
new arrest, criminal charges or convictions of any current officer, agent or
employee perfonning services under this Contract.
Article 5.41 Records and Documentation.

A.

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

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

b.

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

c.

Signed release of information forms;

d.

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

e.

Referrals to other agencies;

f.

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

g.

Maintenance ofrecords and reports; and,

'h.
B.

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

Management Information System: The CONTRACTOR shall install a fully
compatible electronic data processing (EDP) System to Access the Florida Offender
Based Management Information System (OBIS) for information purposes with

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Operations & Management Services Contract

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Contract No. DMS 05/06-078
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.

_

regard to inmate transfer, inmate financial records; and· classification and heath
services.
Article 5.42 Deliverables. To operate a 893-bed, youthful male, minimum/medium/close
custody security level correctional facility.
Article 5.43 General Reporting Requirements. The CONTRACTOR shall provide to the
Contract Monitor samples of new or revised reporting requirements of the CONTRACTOR in the
performance ants o@lgatioils-uii""der tillS ConITacr
-----.

.

.

Article 5.44 Monitoring and Evaluation.
A.

Contract MonitoringlPerformance Evaluation Monitoring: At its discretion, the
BUREAU will monitor the CONTRACTOR's performance to ensure compliance in
accordance with all Contract provisions, DMS's instructions, and all applicable
standards, including, but not limited to ACA, Administrative Rules, DMS and
DEPARTMENT guidelines, specifications of this Contract, Court Orders and
Decrees.
The Contract Monitor or designated representatives or employees of the BUREAU
may conduct inspections as deemed necessary. The BUREAU shall have the right,
unless otherwise proscribed by law, to reasonably prompt access to examine and
receive copies, if requested, of all records of the CONTRACTOR relating to the
Facility, including without limitation, all financial books and records, maintenance
records, employee records, and inmate records generated by the CONTRACTOR
. and its subcontractors, or independent contractors, in connection with monitoring
the CONTRACTOR's performance of and compliance with this Contract.
The BUREAU's monitoring activities shall include review of subcontracts .as
previously described herein. The Contract Monitor shall provide the results of
monitoring/inspection activities conducted to the CONTRACTOR in writing. If
CONTRACTOR noncompliance issues are noted during a monitoring activity, each
shall be specifically identified and corrective action shall be recommended with a
.
time frame specified to achieve compliance. .
The cost of the Contract Monitor will be a deduction to the monthly invoice
payment to the CONTRACTOR. The actual cost for such deductions will be based
upon the appropriated rate, salary and expense dollars for the function.
·Compensation will be adjusted monthly to reimburse the BUREAU for the salary
and expenses (to include coverage of employee benefits) of the Contract Monitor.
Additional deductions will be made for any ad valorem taxes or payment in lieu of
such taxes that may become due on the Facility pursuant to judicial determination or
legislative mandate.

B.

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

1)
2)

Security
Inmate Management and Control

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Contract No. DMS 05/06-078
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Inmate Programs and Services
3)
Facility Safety and Sanitation
4)
5)
Administration
Food Service
6)
7)
Personnel Practices and Training
. ·81---himate-Health..Se:FV·iees~·---·
9)
Inmate Discipline

._--,------_.---

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

C.

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

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

.

Inmate Work Programs in compliance with the Standards. All inmates will be required to
keep their living areas clean and in addition, work opportunities will be available in the food
service, laundry, maintenance shop, warehouse, and utility squads. The DEPARTMENT will
be responsible for approving gain time credit for labor performed. Th~ CONTRACTOR will
be required to submit an annual report documenting the number C?f persons who have
satisfactorily completed each of the academic education, vocational education, and
substance abuse components, required to be delivered per the terms of this Contract and
the CONTRACTOR's response to the ITN. Included in this annual report shall be an update of
the career outlook ana;lysis, concerning information as required in the Contract, including: type of
jobs the vocational training prepares the inmates for; estimated job growth, in the State of Florida,
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Operations & Management Services Contract

Contract No. DMS 05/06-078
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in the fields of training being offered; salary range of the jobs available; and qualifications
necessary for the jobs.
Article 5.46 Recreation. The CONTRACTOR will provide indoor and outdoor recreation and
leisure time programs for the inmates in compliance with the Standards.
Article 5.47 Safety and Emergency Procedures. The CONTRACTOR will operate and
ma.{ntainthe Facility in compliance wITh appficaoIefeuel1ll, state andl."ocarsafety and ~--""----­
codes and in accordance with the Standards.
Article 5.48 Incident Reporting. The CONTRACTOR will follow the policies and procedures
established by the· DEPARTMENT and the BUREAU in the reporting of incidents occuring at
the Facility.
ARTICLE SIX
EMPLOYEES
Article 6.1 Independent Contractor. With respect to the performance of the services set
out herein, the CONTRACTOR is and shall continue to be an independent contractor and, subject
to the terms of this Contract, shall have the sole right to manage, control, operate, and direct
the performance of the details of its duties under this Contract. The CONTRACTOR's agents
and employees shall not accrue from the State, the BUREAU, or the DEPARTMENT any
leave, retirement, insurance, bon~ing or any other benefit afforded to the employees of the
State, the BUREAU, or the DEPARTMENT as a result of this Contract. The CONTRACTOR,
its agents, and employees shall not be considered agents or employees of the State, the
BUREAU, or the DEPARTMENT.
Article 6.2 Subcontractors. The CONTRACTOR may subcontract for the performance of any of
its responsibilities to provide services pursuant to this Contract, provided the BUREAU
reviews all procedural, and operational and fixed capital outlay proj ect plans and provides
written approval, which approval may not be unreasonably withheld. The CONTRACTOR
shall furnish to the BUREAU's ContraCt Monitor copies of all subcontracts, without regard
to amount of annual payments. Any arrangement by the CONTRACTOR with an affiliate or
member company to provide services to the Facility shan be subject to the subcontractor
provisions of this Article. No contractual relationship shall exist between the BUREAU and any
subcontractor and the BUREAU shall accept no responsibility whatsoever for the conduct,
actions, or omissions of any subcontractor selected by the CONTRACTOR.
The
CONTRACTOR shall be responsible for the management of the subcontractor in the
performance of their work. A subcontractor may not work directly with the BUREAU in any
manner and shall not be included in contract negotiations, renewals, audit- or any other
discussions except at the request of the BUREAU.
The provisionsoflaw governing the participation of minority business enterprises are applicable to
this Contract.
The terms "Certified Minority Business Enterprises" and "MBE(s)" mean only those minority
business enterprises as defined in Section 288.703(2), Florida Statutes, which possess a current
certificati.on issued by DMS' Office of Supplier Diversity.
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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Article 6.3 Personnel. The CONTRACTOR shall at all times provide sufficient trained staff to
provide for and maintain the security, control, custody, and supervision of inmates of the Facility in
compliance with applicable court orders, the Standards, and this Contract.
Positions will be staffed with qualified employees in accordance' with the staffing pattern
attached hereto as Exhibit 2.
------_._._---_._--Sufficient staff shall be employed at all times to assure that all positions identified as critical
complement on the approved staffing pattern, are manned for each shift, unless a departure from the
staffing pattern has been approved in writing by the BUREAU Chief. The CONTRACTOR shall
be required to fill critical complement positions by using overtime or other staff members to
ensure that the staffing levels do not decrease below the established critical complement. The
approved staffing pattern is a~tached as Exhibit 2 and herein incorporated by reference.
Part-time correctional officers may be used as long as they are fully trained and licensed. The use of
part-time correctional officers will be limited to a maximum of 900 hours total per week, per
facility. The use ofpart-time staff in supervisory positions is forbidden.
Article 6.4 Training. The CONTRACTOR will provide training programs in compliance with
the Standards, Chapter 943 and Section 957.05, Florida Statutes, the Florida Department of Law
Enforcement, Division of Training, and Chapter 33, Florida Administrative Code.
ARTICLE SEVEN
. COMPENSATION AND ADJUSTMENTS

Article 7.1 ManalZement Payment. This payment reflects operating costs and does not
. include debt service numbers. Compensation will be based on two (2) per diem rates: the first
rate is based on 90% occupancy and the second rate is based on the number of inmates
exceeding the 90% occupancy.
The BUREAU will compensate the CONTRACTOR at the following per diem rates (inmate,
per day):
•
•
•

$53.50 times the minimum occupancy of 90%
$38.30 for each inmate over the minimum occupancy rate of 90%;
Minus monthly deductions for:
o The Major Maintenance and Repair Reserve Fund set f01ih in Article 4.9, in the
monthly amount of$6,767.03.
o The Contract Monitor set forth in Article 5.44, in the monthly amount of $5,061.25.
o Any property taxes or payments in lieu of taxes (PILOT) that may become due on
the Facility pursuant to judicial determination or legislative mandate.

Regardless of the number of inmates incarcerated at the facility, the CONTRACTOR is guaranteed
an amount equal to 90% occupancy (804 inmates) times the 90% per diem rate
subj ect to legislative appropriations. The CONTRACTOR guarantee may be subject to the
following: any liquidated damages as set forth in Article 10.11, deductions for position vacancies as set
f01th in Article 5.40, deductions for reimbursement of the Contract Monitor as set forth above;
deductions for the maintenance reserve as set forth above; ad valorem taxes and/or PILOT payments
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078 .
Page 39 of 55

- - - - - - - - _ . ----- ----

-

-------_._-----------

~I

required to be paid by CONTRACTOR by judicial determination or legislative mandate, as set forth in
Alticle 12.6; and any other deduction or charge permitted in this Contract.
Article 7.2 Invoices. The CONTRACTOR shall submit monthly invoices within ten (10) working
days of the month end, in a format acceptable to the accounting department of the DEPARTMENT,
to the attention of the BUREAU's Contract Manager. Invoices shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. The invoice will reflect the prison
- . --------lJOpulatron-t'or-ea-ch-day)lIlfdnight-cotrnt;-1:imes-the-security-per-diem-mintI:s-acljtts1:men1:s-aHewee.-il'l--·----··-,--·--.the Contract. The invoice will reflect a separate per diem for programs provided by the
CONTRACTOR. The DEPARTMENT will verify the daily inmate population count. If there is a
discrepancy between the CONTRACTOR's and the DEPARTMENT's counts, the
DEPARTMENT's count will be used in calculating the per diem payment. Invoices will be
adjusted as specified in the Contract.
The BUREAU's Contract Manager or his/her successor shall be responsible for enforcing
performance of the Contract terms and conditions and he/she shall serve as liaison with the
CONTRACTOR and shall approve all invoices for payment.
Submit to:
Rhonda Vause, Chief
Bureau of Finance and Accounting
Florida Department of Corrections
2601 Blairstone Road
Tallahassee, Florida 32399-2500

Terry Rocco, Chief
Bureau of Private Prison Monitoring
Florida Department of Management Services
4050 Esplanade Way, Suite 335
Tallahassee, Florida 32399-0950
Name and Address of Payee
.The name and address ofthe contact person and official payee to whom the payment shall be made:
. Corrections Corporation of America
Attn: Lockbox
10 Burton Hills Boulevard
Nashville, Tennessee 37215
Article 7.3 Interest Penalties. Payment shall be made in accordance with Sections 215.422 and
55.03, Florida Statutes, which state the CONTRACTOR's rights and the BUREAU's responsibilities
cOl1ceming interest penalties and time limits for payment of invoices. Vendors providing goods and
services to an agency should be aware of the following time frames. Upon receipt, an agency has
five (5) working days to inspect and approve the goods and services, unless the bid specifications,
purchase order or contract specifies otherwise. An agency has twenty (20) days to deliver a request for
payment (voucher) to the Department of Banking and Finance. The tw~nty (20) days are measured
fi:om the latter of the date the invoice is received or the goods or services are received, inspected and
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Operations & Management Services Contract

Contract No. DMS 05/06-078
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approved.
If a payment is not available within forty (40) days, a separate interest penalty, established
annually by the Chief Financial Officer pursuant to Section 55.03(1), Florida Statutes, will be
due and payable, in addition to the invoice amount, to the CONTRACTOR. The interest rate
for calendar year 2006 is 0.02466 percent per day (9.0% per annum). The in~erest penalty
w:ovision a lies after a thirty-five (35) day time period to health care providers, as defined
by. rule. Interest penalties of less than one 'f)aOIIar WIn notoeenfC5"rc-e"'dlJnte's-s-the----·
CONTRACTOR requests payment. Invoices which are returned to a vendor due to vendor
preparation errors will result in a delay in the payment. The applicable time period does not
commence until a properly completed invoice is received by the DEPARTMENT.
A contractor Ombudsman has been established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for contractors who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Ombudsman
may be contacted at (850) 410~9724; the State's Chief Financial Officer's Consumer Hotline is
(800) 342-2762.
Article 7.4 Adjustments to Compensation.
The BUREAU recognizes that the
CONTRACTOR has entered into this Contract based upon the Standards in effect as of the date the
Contract became effective. If there are changes in the Standards or Unforeseen Circumstances
which change the scope of services to be furnished pursuant to this Contract and increase or
decrease the cost of managing the facility, CONTRACTOR will provide the BUREAU
mitten notice and documentation supporting an adjustment to compensation. The BUREAU will
review and not unreasonably deny the adjustment to compensation. The BUREAU may
adjust the total compensation paid CONTRACTOR \ so that CONTRACTOR may be paid
compensation equal to the amount required to the change in CONTRACTOR'S cost managing the
Facility because of the change in scope of services, retroactive to the effective date of
such cost changes. Since requests for appropriated funds are based on costs as provided in the
CONTRACTOR's proposal, any adjustment to compensation to cover changes in the Standards
or Unforeseen Circumstances which changes the scope of services, shall be subject to adequacy
of appropriated funds, sufficient to cover the compensation change.
Article 7.5 Supplemental Compensation.· In the event that, pursuant to Article 4.11, the
CONTRACTOR proposes to expand the capacity of the Facility and the BUREAU approves such a
proposal, then the CONTRACTOR shall be eligible for supplemental compensation for any inmates
housed in the Facility in excess of the original capacity. The per inmate per day rate of any such
supplemental compensation will be an amount mutually agreed upon by the BUREAU and the
CONTRACTOR, and shall not be greater than the maximum allowable pursuant to Section 957.07,
Florida Statutes, and shall be subject to legislative appropriation.
Article 7.6 Appropriation Contingency. The State's performance and obligation to pay under this
Contract is contingent upon an annual appropriation by the Florida Legislature, pursuant to Section
287.0582, Florida Statutes; the State is not obligated for any payments that exceed the amount of the
current appropriation, pursuant to Section 957.04(1)(h), (2)(d), Florida Statutes.
ARTICLE EIGHT
INDEMNIFICATION AND INSURANCE
Lake City Correctional Facility
Operations & Management Services Contract

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Contract No. DMS 05/06-078
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... _ . - - - - - - - - - - - - _ . _ - - - - - , - ~ . -

-

--~---

--

----

-----

Article 8.1 Indemnification. The CONTRACTOR hereby assumes entire responsibility and
liability for any and aU damages or injury of any kind or nature whatever (including death
resulting therefrom) to all persons, whether employees of the CONTRACTOR or otherwise, and to
all property caused by, resulting from, arising out of or occurring in connection with any action
of the CONTRACTOR (including its officers, directors, employees, subcontractors, or agents) in
perfonnance of the duties of this Contract. If any claims for such damage or injury (including
death resulting therefrom) be made or asserted, wliether or not wcnc"tai.1TIs-a-nriJa-s-e-d-up-orrthe------·----CONTRACTOR's (including its officers, directors, einployees, subcontractors, or agents) active or
passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or
obligation on the part of the above palties, the CONTRACTOR agrees to indemnify, defend and
hold harmless, ·the State and the BUREAU, its officers, agents, servants and employees from
and against any and all such claims, and further from and against any and all loss, cost
expense, liability, damage or injury, including legal fees and disbufsements, that the State,
its officers, agents, servants or employees may directly or indirectly sustain, suffer, or incur as
a result, and the CONTRACTOR 'agrees to and does hereby assume, on behalf of the State, its
officers, agents, servants and employees, the defense of any action at law or in equity which may
be brought against the State, its contractors (if any), its officers, agents, servants or
employees, arising by reason of such claims and to pay on behalf of the State, its officers, agents,
servants and employees, upon demand of either of them, the amount of any judgment that may
be entered against them, individually, Jointly or severally, its officers, agents, servants or
employees in any such action.

As part of the CONTRACTOR's assumption of all responsibility and liability for any and all
damage or injury as detailed above, the CONTRACTOR further agrees to hold harmless,
defend and indemnify the State for any loss, .expense, recovery or settlement, including
counsel fees and costs of defense, which arise from any demand, claim (whether frivolous or
not) or suit which may be asserted or brought against the State or the CONTRACTOR as a result
of any injury or damage to any person or persons (including death) or property (i) allegedly
caused by, resulting from, arising out of, or occurring in connection with the furnishing of
any goods, equipment or services or the performance or preparation for performance of
.any of the work or any duties of the CONTRACTOR hereunder, or incidental or pertaining
thereto, and (ii) whether or not such injury or damage is due to or chargeable to any contractor
or subcontractor under a contract for which the goods or services herein ordered are required,
including, but not limited to, any claim based oli liability without fault for injury caused
by defective goods supplied by the CONTRACTOR. The CONTRACTOR also agrees to
assume responsibility for, hold harmless, defend andlor indemnify the State for payment of
any expenses, costs (including delay costs), direct and consequential damages, penalties,
taxes or assessments (including punitive damages), including counsel fees and costs of
defense, which may be imposed or incmred (a) under any Federal, State, or local law,
ordinance or regulation upon or with respect to any compensation of any person employed
by the CONTRACTOR, and (b) under any Federal, State, or local law, ordinance or
regulation upon or with respect to discrimination in employment against any individual
employed by the CONTRACTOR on the basis of race, color, religion, sex, or national origin,
and (c) lmder any Federal, State, Of local law, ordinance or regulation upon or with respect to
any compensation of any person for claims or civil actions alleging deprivation of right,
privilege or· immunity secl..l.red by the United States Constitution and laws pursuant to 42 USC
Section 1983 or similar statutes as well as claims for attorneys fees brought pursuant to 42 USC
Lake City Correctional Facility
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Contract No_ DMS 05/06-078
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Section 1988 or similar statutes.
Article 8.2 Legal Proceedings. The CONTRACTOR shall not be responsible for defending any
post-conviction action, including appeals and writs of habeas corpus by any inmate challenging the
lUlderlying judgment of conviction o! the administration ofthe sentence imposed.
Article 8.3 Insurance. The CONTRACTOR is responsible for obtaining and maintaining adequate
insurance coverage as requi'fOO herem-.-TheCONTR::ACTORsha:l1-obtaftra:trd-pro-vrde-pwof-of-------general liability insurance coverage (broad fonn coverage) which shall specifically include fire, and
legal liability in an amount not less than two million dollars ($2,000,000) for each occurrence within a
yearly aggregate of at least ten million dollars ($10,000,000), and civil rights claims in an amount
not less than two million dollars ($2,000,000) for each occurrence within a yearly aggregate
of at least five million dollars ($5,000,000). The State of Florida and its respective agencies shall be
included as additional insureds under the policy of general1iability insurance coverage issued to the
CONTRACTOR. Coverage for civil rights liability may be issued under a separate policy but shall
also include the State and its agencies as additional insureds. Vehicle liability coverage for all
vehicles used by the CONTRACTOR shall be provided in in amount of not less than two million
dollars ($2,000,000) per occurrence. Coverage shall also specifically be provided to protect against
employee dishonesty in an amount of not less than fifty thousand dollars ($50,000).

o
- -

The CONTRACTOR shall obtain and provide proof of workers' compensation
insurance coverage (including employer liability) in the amount and manner required by
Florida law for all employees ofthe CONTRACTOR.
The CONTRACTOR shan obtain and/or provide proof of professional liability insurance coverage,
including medical malpractice liability and errors and omissions coverage, to cover all professional
services to be provided by the CONTRACTOR to the State under this Contract. The amount of
coverage obtained shall be two million dollars ($2,000,000) per occurrence with a five million
dollar ($5,000,000) yearly aggregate. If occurrence coverage is not available, claims~made
coverage with a three (3) year tail coverage shall be provided for the same amounts and
aggregate as detailed above.
The CONTRACTOR shall obtain and provide proof of contractual liability insurance coverage
to cover all liability assumed by the CONTRACTOR under this Contract and for which the
CONTRACTOR may be liable to the State under the indemnification provisions of this
Contract (intermediate form coverage). Such coverage may be provided by separate
coverage or as an additional endorsement to a general liability policy, but shall be in the same
amounts and limits of coverage as that required for general liability coverage.
The CONTRACTOR shall obtain and provide proof of boiler and machinery coverage
("comprehensive" coverage) in the amounts of one million dollars ($1,000,000) per occurrence
to cover. all loss arising from the operation of boilers and machinery including loss to other
property and losses due to business interruption.
The CONTRACTOR shall obtain and provide proof of premises liability insurance (which
should be included in any general liability coverage) and property coverage (tire and
extended coverage) for the full value of the buildings, structures or other facilities operated by the
CONTRACTOR and its subcontractors and all movable contents which value can never be less
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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than the then remaining balance owed under the lease purchase agreement. The State and its
respective agencies shall be included as additional insureds under this policy.

.

The CONTRACTOR shall obtain and maintain environmental impairment liability coverage
for liability resulting from sudden, accidental or gradual pollution arising from operations
conducted by the insured, covering damage for bodily injury and property damage in the amount
Qf.one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) yearly
aggregate limit. The State and its respective agencIes snatrbem-c'lmre-d-a:s-additiona-Hnst11'eels-l:1:flaeF'------_
this policy.
All insurance coverage shall be obtained by the CONTRACTOR through an insurance agent
licensed in the· State of Florida and such coverage shall be provided by an insurance
company licensed to issue such coverage in the State of Florida.
Itself-insurance"
coverage shall be acceptable unless the CONTRACTOR is licensed or authorized to self-insure
for a particular coverage in the State of Florida, or is an insured member of a self-insurance group
that is licensed to self-insure in Florida. All policies shall include a provision requiring at least
thirty (30) days' prior written notice of cancellation to the State.

No

All insurance coverage required to be obtained by the CONTRACTOR shall continue in full
force and effect during the term of the Contract. No contract shall be entered into between
the CONTRACTOR and BUREAU unless insurance coverage binders are received by the date
scheduled for the execution of the Contract. Proof of insurance policies must be delivered prior to
the date on which the ·services ofthe CONTRACTOR shall commence.
AU insurance coverage is to be provided by insurance carriers admitted to do business in
Florida and coverage issued by surplus lines companies shall not be acceptable with the
exception of civil rights liability coverage. All insurance carriers shall be, at the
minimum, rated lIA VIlli by A.M. Best or an equivalent rating by a similar insurance rating
service.
The CONTRACTOR may choose the amount of deductible for any of the insurance
coverage required above to be obtained by the CONTRACTOR, but in no event shall such
deductible for each occurrence exceed three (3) percent of the required yearly aggregate limit of
coverage.
The CONTRACTOR is responsible for first dollar defense coverage. All general liability and
professional liability P9licies shall provide defense in addition to the policy limits.
The limits required herein are the minimum acceptable. However, these limits are not to be
construed as being the maximum any CONTRACTOR may wish to purchase for their own benefit.
As respects to the total limits of liabilitY required, any combination of primary and/or umbrella
coverage may satisfy those totals. However, if an umbrella is used, coverage must be at
least as broad as the primary coverage.

Article 8.4 Certificate of Insurance and Cancellation. During the performance of the
management services hereunder,the CONTRACTOR shall maintain the plan of insurance and
submit a Certificate of Insurance to the BUREAU for the mutual protection and benefit of it and the
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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BUREAU, naming the BUREAU as co~insured and entitled to all notices issued under the
policy, to cover claims that may arise out of or result from the CONTRACTOR'S operation
and management services hereunder, whether same be by the CONTRACTOR or a
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable. The BUREAU shall be notified at least thirty (30)
days in advance of cancellation, non-renewal or adverse change in the coverage. New
Certificates of Insurance are to be provided to the BUREAU at least fifteen (15) days after receipt
--by CONTRACTORR",--·----=---------------.--:...--.:.----=--- - - Article 8.5 Defensellmmunity. By entering into the Contract, neither the State, DMS, the
DEPARTMENT nor the CONTRACTOR waives any immunity defense which may be extended to
.them by operation of law including limitation of damages; excepting only that the CONTRACTOR
may not assert the defense of sovereign immunity.
Article 8.6 Notice of Claims. .Within five (5) calendar days after receipt by the BUREAU or the
DEPARTMENT, or of any agent, employee or officer thereof of a summons in any action, or within
five (5) calendar days of receipt by the BUREAU or the DEPARTMENT, or of any agent, employee or
officer thereof, of notice of claim, the BUREAU, the DEPARTMENT, or any agent, employee or
officer, shall notify the CONTRACTOR in writing of the commencement thereof The notice
requirement is intended to ensure that the CONTRACTOR's defense of the claim is not harmed by
failure to comply with the notice requirements. Failure to comply with the notice requirements may
result in the CONTRACTOR's refusal to indemnify the BUREAU, the DEPARTMENT, or any
agent, employee or officer, but only if such failure to notify results in a prejudice to the
CONIRACTOR, the BUREAU, the DEPARTMENT, or any agent, employee or officer. The
CONTRACTOR will provide the BUREAU or the DEPARTMENT similar notice of claims.
Article 8.7 Prior Occurrences. The CONTRACTOR shall not be responsible for any losses or
costs resulting from inmate litigation pending at the effective date of this Contract or for lawsuits
based on acts or omissions occurring prior to the effective· date of the Contract. The
CONTRACTOR agrees to cooperate with the State in the defense of these suits. The BUREAU
recognizes that any settlement or judgment in such cases may lead to a request that the
compensation be increased pursuant to Article 7.4.
Article 8.8 Waiver. No waiver of any breach of any of the terms or conditions of the Contract
shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid or
binding unless the same shall be in writing.and signed by the party alleged to have granted
the waiver.
.

ARTICLE NINE
CERTAINPROmBIIIONS
Article 9.1 Prohibitions. The CONTRACTOR acknowledges the provisions of Section
957.06, Florida Statutes, which states that a contract entered into under this chapter does not
authorize, allow, or imply a delegation of authority to the CONTRACTOR to:
A)
Choose the facility to which an inmate is initially assigned or subsequently
transferred, The CONTRACTOR may request,' in writing, that an inmate be
transferred to a facility operated by the DEPARTMENT, The BUREAU, the
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Operations & Management Services Contract

Contract No. DMS 05/06-078
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I

_~J

CONTRACTOR, and a representative of the DEPARTMENT shall develop and
implement a cooperative agreement for transferring inmates between a correctional
facility operated by the DEPARTMENT and a privately operated correctional facility.
The DEPARTMENT, the BUREAU, and the CONTRACTOR must comply with the
.
cooperative agreement.
_ _ _ _ _ _ _...:B?)'---7-:-:-=D:..:e~velo~ adopt disciplinary rules or penalties that differ from the
disciplinary rules and penalties that apply to inmates housed 111 correc'fioffiirfacilt~-·--­
operated by the DEPARTMENT.
C)
Make a final detelTIlination on a disciplinary action that affects the liberty of an
inmate. The CONTRACTOR may remove an inmate from the general prison
population during an emergency, before final resolution of a disciplinary hearing, or
in response to an inmate's request for assigned housing in protective custody.

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

Article 10.1 BUREAU Breach. Each of the following shan constitute a Breach of Contract on
the part of the BUREAU:
A)

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

B)

The persistent or repeated failure or refusal by the BUREAU to substantially fulfill
any of its obligations under this Contract; unless: such failure or refusal is caused by a
Force Majeure event or is otherwise excused under this Contract; such failure or
refusal is pennitted by agreement; or, such failure or refusal is warranted by the
CONTRACTOR's breach under Article 10.2.

Article 10.2 CONTRACTOR Breach. Each of the following shall
Contract on the part ofthe CONTRACTOR: .

Lake City Correctional Facility
Operations &. Management Services Contract

constitu~e

a Breach of

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..

~

A)

A material failure to keep, observe, perform, meet, or comply with any covenant,
agreement, term, or provision of this Contract to be kept, observed, met, performed, or
complied with by the CONTRACTOR hereunder, which such failure continues for a
period of twenty (20) days, or such longer time as may be granted pursuant to Article lOA,
after the CONTRACTOR has. written notice thereof; unless: such failure or refusal is
caused by a Force Majeure event or is otherwise excused under this Contract; such
.
failure is permitted by agreement; or, such failure is warranted by the BUREAU's breach
----.- - - - ' - , - under Article-nf.I.
----,---'
,-------.-------B)

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

C)

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

D)

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

E)

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

Article 10.3 Notice of Breach. Except for the BUREAU's obligations to make payments to the
CONTRACTOR (for which notice of non-payment shall not be required), no breach of this Contract
on the part of either party shall constitute an Event of Default and no action with regard to same
may be instituted unless and until the party asserting a breach specifies, in writing to the party
against whom the breach is asserted, that a breach or breaches exist(s) which, unless
corrected or cured within a time period specified in the notice, will constitute a material
breach of the Contract on the part of the party against which a breach is asserted.
Article 10.4 Time to Cure. In the event of a Breach of Contract of the type specified in Article
10.2 (A) or (B) occurs and the CONTRACTOR reasonably believes that such Breach of Contract
cannot be cured within the twenty (20) days, allowed to cure such Breach of Contract in Article 10.2
(A) or (B), as the case may be, and that such Breach of Contract can be cured, through a
diligent, on~going, and conscientious effort on the part of the CONTRACTOR, within a
reasonable period not to exceed a total of forty-five (45) days, unless extended by the BUREAU,
then the CONTRACTOR may, within the twenty (20) day cure period, submit a plan for curing
the Breach of Contract to' the BUREAU Chief. Such plan shall show in detail by what means
the CONTRACTOR proposes to cure the Breach of Contract. Upon receipt of any such plan for
curing a Breach of Contract, the BUREAU shall promptly review such plan and, at its
discretion, may allow, or disallow, the CONTRACTOR to pursue such plan for curing the
Lake City Correctional Facility
Operations & Management Services Contract

- - - - - -... __

Contract No. DMS 05/06-078
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._-~-

--~~---_._--~~~~~-~~~

'

Breach of Contract.
Article 10.5 Remedv of the BUREAU. Upon the occurrence of a Breach of Contract by the
CONTRACTOR, the BUREAU Chief shall have the right to pursue ~my remedy it may have at
law or in equity, including, bUj not limited to, (i) reducing its claim to a judgment and
seeking all damages for sttch breach; (li) taking action to cure the Breach of Contract, in which
case the BUREAU Chief may offset against any payments owed to the CONTRACTOR all
----re-a'sonabfe cosfs"Tncurred15y tfieBURFA:trin connectIon wltlr:ttseffl)fts-tin~U:f"e-Slmh-l3"tt:-a:-c'lrar-----­
Contract; (iii) in the event the CONTRACTOR is not terminated, assessment of liquidated
damages as set forth in Article 10.11; and (iv) termination and removal of the CONTRACTOR
as the operator of the Facility and the offsetting against any payments owed to the
CONTRACTOR by the BUREAU of all reasonable costs incurred by the BUREAU to cure
the Breach of Contract, including attorneys' fee. In the event of a termination of this Contract
due to a Breach of Contract under Article 10.2, the BUREAU shall have no further obligations to the
CONTRACTOR after the CONTRACTOR's removal; the CONTRACTOR agrees to comply with
Articles 10.9 and 12.6 with respect to the transition to new management. In the event of any
remedy pursuant to this Article 10.5, the CONTRACTOR shall have the right to appeal to the
BUREAU, and during any such appeal, the remedies pursuant to this paragraph shill be tolled.
Article 10.6 Remedy of the CONTRACTOR. Upon a Breach of Contract by the BUREAU,
the CONTRACTOR's sole remedy shall be to terminate this Contract. Upon such
termination, the CONTRACTOR shall be entitled to receive from the BUREAU payment for
all services satisfactorily furnished under this Contract up to and including the date of termination.
Article 10.7 Force Majeure. The failure of performance of any of the terms and conditions of
this Contract by either party due to Force Majeure shall not constitute a Breach of Contract or an
Event of Default under this Contract.
Article 10.8 Termination for Non-Appropriation. The payment of compensation hereunder by
the BUREAU is contingent upon the availability of funds legislatively appropriated to pay
such compensation. In the event funds for compensation pursuant to the Contract become
unavailable due to non-appropriation, the BUREAU shall have the right to terminate this
Contract without penalty.
Article 10.9 Contract Termination, and Control of a Correctional Facility by the
DEPARTMENT. A detailed plan must be provided by the CONTRACTOR under which the
DEPARTMENT will assume control of the Facility upon termination of the Contract. The
BUREAU may terminate the Contract with cause after written notice of material deficiencies
and after twenty (20) work days in order to correct the material deficiencies. If any event
occurs that involves the noncompliance with or violation of Contract terms and that presents
a serious threat to the safety, health, or security of inmates, employees, or the publiC, the
BUREAU shall request that the DEPARTMENT temporarily assume control of the Facility.
A plan must also be provided by the CONTRACTOR for the purchase and assumption of
operations of the Facility by the DEPARTMENT in the event of bankruptcy or the financial
insolvency of the CONTRACTOR. The CONTRACTOR must provide an emergency plan to
address inmate disturbances, employee work stoppages, strikes, or other serious events in
accordance with the ACA Standards.
'

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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Article 10.10 Termiliation for Convenience. The BUREAU may terminate this Contract for
convenience by giving the CONTRACTOR written notice ninety (90) days prior to the
tennination effective date.
Article 10.11 Liquidated Damages. The CONTRACTOR, in the event of default, shall pay to the
BUREAU, not as a penalty but as liquidated damages, in the following corresponding amounts, per
day:

---------------_.._--_._----------------

Service Area 1:

Security and control, ACA Accreditation, Health Services, Use of Force,
Escapes, Contract Monitoring.
Vendor Breach
f--_ _F_a.. ,ic=-lu--:re-:-t_o_Pr------:oV1:-·_d_e--"S.. .:.,erv.. .:.-ic_e_s_ _-+__-:$. . :.,5-'-., 0:-=--=00_ _-1
1-F_a_i_lu..,..re_to_D_oc_um_e_n_t
-I-_ _-.:$_l"'-,O---'OO_ _-l
f-~-F=-a:.;.:i:.;.:lu;.;;..re=-t.;..:;0-=R....:.eA....:..ort~-:---_+--...:::$,;;;;2;!;;.,5..:..:00~--1
Failure to Comply with Other
$1,500
A licable Re uirements

Service Area 2:

Sanitation and Hygiene, Food Service, Mail, Religion, Access to Court,
Inmate Discipline, Grievance, Visitation, Records and Reports, Employee
Qualifications and Training.
Vendor Breach
f--_---'F....:.a....:i,:..:.Iur....:.eco-t,;..;o..,;;Pr'-'-:OV1~·d.. .:.e. . :S. . :.,ervt. . :.--·c_e_s_ _-+__-=$~2-'-.,,5_0:....:.0--_l
Failure to Document
$750
1-_ _

-:-::---.,;;;,F.;;.al;;;,·lu':'-r;,.:.e..:..to=-=-R:.:.e.l:..o;;;;rt~-_-_1_-_-:$::..;;1~,0=-0:...:..0---j

Failure to Comply with Other
A plicable Requirements
Service Area 3:

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

Service Area 4:

$1,000

$2,500 _---I
$750
$1,000 _---I
$1,000

Laundry and Inmate Clothing, Telecommunications, Supplies/Perishables,
Recreation

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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------------ - - - - - - - - - - - - - -

1

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

$1,500
. $500
$1,000
$1,000

..··..·__·_·---·-·Assessm;t;;r Liquidated Damages-shailnot constituteawalver··of-the -Bt:J'REXU'·sngnCfo.·..·-·.··-·----terminate the Contract for cause and seek any other damages or remedies allowed by law.

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

ARTICLE TWELVE
MTSCELLANEOUSPROVISIONS
Article 12.1 Non-Discrimination. The CONTRACTOR shall, in the pelformance of this Contract,
strive to achieve the goals for minority participation set forth in this section. As used in this
Contract, the terms "Certified Minority Business Enterprises" and "MBE(s)" mean only those
minority business enterprises as defined in Section 288.703(2), Florida Statutes, which possess
a current.certification issued by DMS' Office of Supplier Diversity. The CONTRACTOR
will be required to provide the Contract Monitor with a semi-annual report concerning
minority participation.
Article 12.2 Operational Plan Requirements. As a condition precedent to commencement
of services hereunder and, prior to the Services Commencement Date, the CONTRACTOR shall
provide the BUREAU, for the BUREAU's written approval, an Operational Plan that covers the
full range ofFacility operations, including, but not limited to, the following:
A policy and operations manual which shall cover:

Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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•
e

•
o

•
o
e

All aspects ofFacility operations.
Procedures that will be utilized to facilitate monitoring of the Facility by the
operator's Authorized Representative or the Authorized Representative's designees on an
annual basis.
Continuous self-monitoring by Facility staff.
Procedures for assumption of operations by the BUREAU in the event of the
CDmRA.C.T..QR~JLQ.a.n.kruR.taor inability to perform its duties hereunder.
'-;----:--;;-;;-------;-An emergency procedures/security manual for confidential use by staff supervisors
employed by operator.
Post orders for all Facility security staffpositions.
Job descriptions for each position, including salary range, education and experience
requirements, descriptions ofjob duties, and full-time or part-time designation.

The CONTRACTOR shall notify the BUREAU in writing of desired changes in, or additions to,
the Operational Plan with regard to the CONTRACTOR's policies and, procedures,
emergency procedures/security manual, post orders, and job descriptions. No such changes
shall be implemented prior to the CONTRACTOR's receipt of written approval from the
BUREAU Chief. The BUREAU Chief shall respond to a request for changes within thirty (30)
days. A material breach of the operational plan shall be regarded as a Breach of this Contract.
Article 12.3 Books and Records. The CONTRACTOR shall keep at the Facility proper and
complete books, records, and accounts with respect to the Facility and all subcontractors thereof,
and shall permit the Contract Monitor and the BUREAU or its designees to inspect the same at all
reasonable times~ and to make and take away copies thereof, pursuant to Article 5.44.
Article 12.4 Maintenance of Corporate Existence and Business. The CONTRACTOR shall at
all times maintain its corporate existence and authority to transact business and good standing
in its jurisdiction of incorporation and the State of Florida. The CONTRACTOR shall
maintain all licenses, permits, and franchises necessary for its businesses where the failure to
so maintain might have a material adverse effect on the CONTRACTOR's ability to perform
its obligations under this Contract.
Article 12.5 Transition. Upon the termination of this Contract, the CONTRACTOR agrees to
work v,rith the BUREAU, the DEPARTMENT, and/or DEPARTMENT management supervision, in
accordance with Article 10.9, for a period of ninety (90) days to ensure an orderly and
efficient transition from the CONTRACTOR's management to the BUREAU and/or the
DEPARTMENT management (or management by a third party) of the Facility. During this
transaction period, the CONTRACTOR will transfer all necessary records, files and documents
for the operation of the Facility, including but not limited to inmate records, maintenance records,
and personnel files.
Article 12.6 Taxes, Liens, and Assessments. The CqNTRACTOR shall: (i) pay, or make
provision for payment of, all lawful taxes and assessments levied or assessed by the federal, state or
any local government 011 the Facility or any machinery, equipment or other property installed or
located on the Facility by the CONTRACTOR therein or thereon, or upon the Florida
Correctional Finance Corporation with respect to the Facility or any part thereof, including any
taxes levied upon or with respect to the income or revenues of the Florida Correctional
Finance Corporation from' the Facility, or upon any payments pursuant to the
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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Lease/Pu.rchase Agreement; (ii) not create or suffer to be created any lien or charge upon the
Facility or any part thereof; (iii) payor cause to be discharged or make adequate provision to
satisfy and discharge, within sixty (60) days after the same shall come into force, any lien
or charge upon the Facility or any part thereof and all lawful claims or demand for labor,
materials, supplies or other charges which, if unpaid, might be or become a lien upon the
Facility or any part thereof, except permitted encumbrances, as defined in the LeaselPurchase
.........__" __." __.."_.._..A.gr.~5mlt:ln_L:w.jllLre;;;.p-.!ii.9.tJ,g-1h.!U' acility_§.nt~§d .111tQ...!?Y.. an4..J2et:!Y.~t?}·L th!?_J?_Y.J.~:~A.1!"_~!1iU_~~_
Florida Correctional Finance Corporation; and (iv) pay all utility charges, including "service
charges", incurred or imposed with respect to the Facility.
The parties hereto 'acknowledge that the housing of state prisoners is a governmental
function, albeit a function that can be contracted for with a private business. In addition, the parties
hereto acknowledge that the use of a lease purchase agreement utilizing tax-exempt financing
for the construction of the Facility does not alter the nature of the use of the Facility. To that
end, in the event that a local jurisdiction attempts to assess·ad valorem taxes on the Facility,
the CONTRACTOR agrees to provide any necessary assistance, support, and' expenditure
of legal resources (including a pro rata share of all attorneys' fees and costs) in order to
support any efforts by the State to defend the sovereign immunity from such taxation
enjoyed by the Facility as State property, pursuant to First Union National Bank of Florida v.
Ford. 636 So.2d 523 (Fla. 5th DCA 1993). The CONTRACTOR's pro rata share of attorneys'
fees shall be equal to the share of other vendors, if any, operating correctional facilities in the
State, up to, but not to exceed, 50% of the total amount of attorneys' fees and costs; DMS shall
pay the other 50%.
In the event that either a judicial determination or a State legislative mandate explicitly
subjects the Facility to ad valorem taxation or requires payment in lieu of taxes (PILOT), the
amount of any such annual ad valorem tax or PILOT payment shall be deducted on a pro~rated
m<mthly basis from CONTRACTOR's monthly compensation.
Article 12.7 Copies of Docnments.. Prior to the execution of this Contract and on an on-going
basis, the CONTRACTOR shall timely provide to the BUREAU copies of the following
documents:
•
III

All original and renewed insurance certificates clearly indicating compliance with
Article 8.3.
Tax receipts or other appropriate documentation indicating the CONTRACTOR's payments
to the taxing au;thorities to indicate compliance with Article 12.6.

Article 12.8 Reimbursable Expenses. In the event that the CONTRACTOR fails to comply
with Articles 12.3 and 12.7, the CONTRACTOR shall pay actual expenses for the BUREAU to
employ an agent or for a BUREAU employee to visit the offices of the CONTRACTOR or
the CON'TRACTOR's parent corporation to make and take away copies of the documents necessary
to comply with Articles 12.3 and 12.7.
. Article 12.9 Invalidity and Severability. In the event that any provision of this Contract shall
be held to be invalid, such provision shall be null and void. The validity of the remaining
provisions of the Contract shall not in any way be affected thereby.

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__ __ _: __._

Article 12.10 Counterparts. This Contract maybe executed in multiple counterparts, each of
which shall be deemed to be an original and all of which shall constitute one Contract,
notwithstanding that all paIiies are not signatories to the original or the same counterpart, or that
signature pages from different counterparts are combined, and the signature of any party to any
counterpart shall be deemed to be a signature to and may be appended to any other counterpart.
Article 12.11 Interpretation'. The headings contained in this Contract are for reference
purposes only and shail not affect the ni.eaiiing or iiiterpreta'ffon 6Itl:1iSCon'tfacr.Article 12.12 Terminology and Definitions. All personal pronouns used in this Contract,
whether used in the masculine, feminine, or gender-neutral, shall include all other genders; the
singular shall include the plural; and the plural,shall include the singular.
Article. 12.13 Venue. The Contract shall be interpreted under the laws of the State of Florida
and Leon County Circuit Court shall be the venue in the event any action is filed on the Contract.
ArtiCle 12.14 Amendments. This Contract shall not be altered, changed, or amended except
by instrument in writing executed by the parties hereto.
Article 12.15 Third Party Rights. The provisions of this Contract are for the sole benefit of
the parties hereto and shall not be construed as conferring any rights on any other person.
Article 12.16 Binding Nature. This Contract shall not be binding upon the parties until it is
approved and executed by both parties.
Article 12.17 Interpretation. This Contract shall not be interpreted or construed against the'
drafting party.
Article 12.18 Prohibition Against Assignment. The BUREAU has entered into this Contract
with the CONTRACTOR based on, among other considerations, its assessment of the qualifications
and experience of the CONTRACTOR, 'the management talent of key employees of the
CONTRACTOR, and the organizational structure the CONTRACTOR has caused to be
created.
Consequently, there shall be no assignment or transfer of the interest of the
CONTRACTOR, whether in whole or in part, absent the prior written consent of the BUREAU.
Further, the CONTRACTOR shall notify the BUREAU ill writing as soon as is practical
following (a) a merger with or an acquisition by any corporation, partnership, person, or other
entity; (b) the acquisition by or purchase of more than ten percent (10%) of the outstanding
shares of the CONTRACTOR by any corporation, partnership, person, or other entity; and (c)
a change in the senior management of the CONTRACTOR, senior management including its
President, Chief Executive Officer, and the membership of its Board of Directors. If, in the
reasonable judgment of the BUREAU, any such event is determined to be likely to have a
material and adverse effect on the ability of the CONTRACTOR to fully comply with all of
, the terms and conditions of this Contract, the BUREAU reserves the right to terminate the
Contract without liability or penalty to the BUREAU.
Article 12.19 Access to Records. The BUREAU may unilaterally cancel this Contract for refusal
by the CONTRACTOR to allow public access to all documents, papers, letters, or other material
originated or received by the CONTRACTOR in conjunction with the Contract, subject to the
Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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provisions ofSection 119, Florida Statutes.

Article 12.20 Notices. All notices shall be sent certified mail; return receipt requested to:
BUREAU:

CONTRACTOR:

Terry Rocco, Chief
Bureau of Private Prison Monitoring
Florida Department ofManagement Services
2j.U50nspIahacreway
Tallahassee) Florida 32399-0950

--_._------_._--_..-._--'

Corrections Corporation ofAmerica
Attn: Gus Puryear) General Counsel
10 Burton Hills Boulevard
Nashville, Tennessee 37215

.Lake City Correctional Facility
Operations & Management Services Contract

Contract No. DMS 05/06-078
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IN WITNESS WHEREOF, in order to be legally bound, the parties have caused their
authorized representative to execute this Contract as ofthe date set forth above and below.

STATE OF FLORIDA,

..........._

__.__.._DE.P..ARIME.N...l' QJtM.AN.AGE,ME~l'_SERYlCES

. _ __ _.

.__ __..__ -

(Corporate Seal)

ATT7~A:Its: __
V_rT-f--4"'~'-Ilo::i;;""-

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

"Participating" shall mean "the inmate is actively attending specified program"
Behavior Program: minimum of 179 (20%) part-time participating per day
Academic Program: minimum of268 (30%) part-time participating per day
Vocationaf Program: mii1fmum"oTTT6-C2U%Jpaff::fime pamCipafing perClay-------·-··--Substance Abuse: minimum of 89 (10%) participating per day

At all times during the course ()f this Contract, Contractor agrees to maintain inmate
participation in behavioral, academic, vocational, and substance abuse programs at the
Facility at the participation percentage level identified above.
For example, assume a conectional facility cunently has a maximum occupancy of 1,000
inmates and cunently 200 inmates per day, Monday' through Friday, baring recognized
holidays, are enrolled in and participate in programs offered by the Contractor. The facility
undergoes an expansion that results in the facility having a maximum occupancy of 1,200
inmates. Under this contract provision, the Contractor would now have to maintain inmate
enrollment and participation in such programs at 240 inmates per day, Monday through
Friday, baring recognized holidays.
If inmates in the Facility cannot participate in the programs identified in this section because
they are not eligible, do not participate in such programs because they refuse to participate,
or other circumstances exist which prevent inmate participation, the Contractor shall
provide this information to the Contract Monitor for inclusion in the Security and
Institutional Operations Report ("Report") submitted monthly by the Contract Monitor to
the Bureau of .Conectional Privatization (BCP). With regard to inmate enrollment and
participation in the programs at issue and the need to accurately account for inmate
participation in these programs, the Report will account for inmate program participation
and shall at a minimum provide information that includes the inmate's name, the inmate's
DC Number, and a description of the ineligibility of the inmate to participate in the
program(s) or the facts sunounding the inmate's refusal to participate. Further, it is
understood that inmates who are enrolled in and are actively attending a program may have
occasional absences due to legitimate reasons including, but not limited to, health reasons,
court appearances, recognized holidays, etc. Such absences shall be noted in the Report.
The information provided by the Contractor to the Contract Monitor regarding inmate
participation in these programs shall be provided in sufficient detail to enable the BCP to
appropriately audit and monitor the Contractor's compliance with this provision.
Inmate eligibility to participate in such programs shall ultimately be determined by cliteria
established by the Department of Conections.

EXHIBIT 2

lAKE CITY CORRECTIONAl. FACILITY

mJ110:IlfiLllfj/Q1i:11J

lake elly, Florida
103 Deds
MANAGEMENTISUPPORT
SECURITY/OPERATIONS
UNIT MANAGEMENT
...._._ _ .MAlN.IE.~NGE..__ _,-_ _
SERVICES
PROGRAMS
HEALTH SERVICES
EDUCATION

Warden
Assistant Warden
Trainin Manager
Business Mana er
Bookkeeper
Accountin Clerk
Mana er, Human Resources
Personnel Assistant·
Mana er, Quam Assurance
Prison Inspector
Safet Mana er
Administrative Su eNisor
Administrative Clerk
Mailroom Clerk

.

._..__ _._ -_._.-.- - .._ -_ _..--_._.- -

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

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

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

_..__.._ _._ -.-_· - _ · -·..·..·6·.00·- -_ __
4.00
12.00
24.35
2 .

0
5
5
5
5
5
5
5
5
5
5
5
5
'5

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

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

~~~~A~'\.«:.~

Chief of Security
Shift Su ervisor .. Administrative
Shift Supervisor
Assistant Shift Supervisor
SCO .. Disci linary Hearin Officer
• Intake/Pro erty Officer
• Visitation Officer
SCO - Trans ortation
• Transportation Officer
• Education Officer
• Industry Officer
• Front Entrance (Lobb Officer
SCO .. Central Control
• Central Control Officer
• Perimeter Patrol
• Work Detail Officer
• Recreation Officer
• Utility/Search & Escort Officer
• Kitchen Officer
• Medical Officer

Page 1 of 4

_..__ _--

lAKE CDlY CORRECTIONAL FACIliTY

Rill/I!:IJAtSOqlOfj-18

Lake CitV, Florida
893 Deds,
* Laundry Officer
* Correctional Officer, Part-Time ***

...........___

~A~d:..:..:m~in:..::i:::;st::..:ra:.::ti.:.:ve:.....::-C~le:.:..:rk~C:.:o:.:::u:...:.nt"-'-

.:....-_ _..::......_ _....:::....

..::...._~:..:..:::.::::.-

~~

Administrative Clerk

Chief of Unit Mana ement
Administrative Clerk

Units A & B (184 Beds)
Unit Mana er
Case Mana er
Correctional Counselor

o
2

* Housin Officer
BMU Unit ~ Pods C~G (188 Beds)
Unit Mana er
Case Mana er
Correctional Counselor
* Pod Control
* Housing Officer

Unit South 2 (272 Beds)
Unit Mana er
Case Mana er
Correctional Counselor
* Pod Control

* Housing Officer
Unit West 2 (272 Beds)
Unit Mana er
Case Mana er
Correctional Counselor

* Pod Control
* Housing Officer

Segregation
* Housing Officer ~ Segre ation

Page 2 of 4

.0
1

o

5

1.00

1.00

o
2.00
1.00
1.00
o
2.00
5
-----------

UKE CITY CORRECTIONAL FAClUll
lako CiIV, Florida

HIO/O: lJIISIJ5IIIIl-llJ

893 Beds
1.00
1.00
I-:':--'-':-'-:--'-''-'""'''-:-'--'-'--------------:---~

Addictions Treatment Coordinator
1
2
Addictions Treatment Counselor
3.
Program Facilitator
Recreation Supervisor
1
Recreation Coordinator
0
2
Records Clerk
Chaplain
1
1
Administrative Clerk
** Dia nostician
** Contract Attorne
m''''ffilT~~i&~
•,Wf:,~i~V
•\_·
>11.~,~~:
. . , '~'.: . . ..:- ~ w,l"=,,. ,; :~.
....;"_

**
**
**
**

Health Services Administrator
Chief Heath Officer (MD)
Clinical Supervisor
RN
LPN
Psychiatrist
Psycholo ical Specialist
Dental Assistant
Medical Records Clerk
Administrative Clerk
LPN, Part-Time ***
ARNP/PA
Dentist
Dental Hy ienist
X-Ra 0 erator

1
1
1
1
2

1
2
1
2
1
1

0
0
0
0
1
0
0
0

_'__

0
0
0
0
0
0
0

lL f ~~=='~.= ''"'''="''"
..?_=
..Q""='
Contract

1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00

5
0
1.00
5
0
1.00
5
1.00
0
1,70
7
1
7
1
1.70
5
0
0.35
0
5
1.00
5
0
1.00
0
1.00
5
5
1.00
0
0
5
1.00
CONTRACT / 16 HOURS PER WEEK
CONTRACT /16 HOURS PER WEEK
CONTRACT /24 HOURS PER WEEK
0
0
0
1
2
0
0
0
1
0
0

PRN / CONTRACT

1.00
2.00
3.00
1.00
1.00
2.00
1.00
1.00

1.00
1.00
1.00
5.00
9.00
0.35
2.00
1.00
3.00
1.00
PRN

"

"-"..".- .

lAKE CBlY CORRECTIOUL fACIliTY
lalle CitY, FlOrida
893 Beds

Olliff!:IMS1l5/1Jfi..1B

LAKECITY893ITN-01104106

• Post positions included in tile Correctional Officer Job Description.
*' Positions hired under a contractual or fee basis for services rendered.
"'Positions not funded in budget,· only to be used when savings are accrued from tumover and vacancies.
Bold· Critical Posts

Ratios:
Correctional Officer to Inmate 0
Uniformed Staff to Inmate 0
Total Staff to Inmate ( - includes contract staff)

CCA

Nat'l Avg.**

1:
1:

1:5.5
1:4.7
1:3.3

1:

'''Source: The 2002 Corrections Yearbook - Adult Corrections

Page 4 014

 

 

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