04_Attachment_C_-_Agency_Terms_-_Updated.docx

ATTACHMENT C

AGENCY TERMS

SOLICITATION NO. EV00000939

1 Security

1.1 Security: Contractor employees, agents, and representatives shall comply with all security and identification procedures at ODOC facilities. ODOC is responsible for alerting Contractor to these requirements prior to the commencement of work.

1.2 Security requirements may include, but are not limited to:

A. Identification: All employees, agents, and representatives of the Contractor, while working on State property, shall carry or display acceptable identification.

B. Vehicle/Tool/Equipment Security: Drivers must turn off vehicle motors and lock cab doors whenever their vehicle is unattended. Tools and equipment must be secured. Vehicles shall be searched prior to entry and exit, causing up to a thirty (30) minute delay each way.

C. Offender Contact: Contractor’s employees, agents, and representatives shall minimize interaction with offenders or patients, and shall report any verbal contact to ODOC facility security staff before leaving the site.

D. Subject to Search: All persons, vehicles, packages and equipment entering a ODOC facility are subject to search. Persons are typically pat searched and required to clear metal detection devices. Packages, briefcases, purses, etc., will be searched with x-ray equipment. A drug K-9 may also be used to search persons, vehicles, packages, and equipment.

E. Contraband: Contractor employees, agents, and representatives shall not have any weapons including, but not limited to, guns, knives of any type or length, mace, stun-guns, or box cutters, cell phones, pagers, wireless PDAs, drugs, tobacco or tobacco-like products, alcohol (to include near-beer), cash (amount to be determined on a facility-by-facility basis) or any item deemed by facility to be potential contraband. Correctional officers can hold these items for delivery drivers at the delivery sally port and return them as the driver exits the grounds. Any illegal items shall not be returned and shall be reported to local law enforcement. Prescription drugs are allowed only in a one-day supply and must be in the original prescription container; Security staff shall be notified if prescription drugs are brought onto facility grounds.

F. Security Clearance: Contractor employees, agents, and representatives who enter secure facilities shall have prior approval to enter from facility security staff, generally involving a background check. The Contractor shall submit background check requests a minimum of two weeks prior to arriving at the facility. At facility discretion, Contractor shall comply with any requests to reassign a Contractor employee, agent, or representative, whether or not the individual has passed the background check if it is determined by facility that there is a security concern.

G. Tobacco Use Prohibited. The use of tobacco or tobacco-like products is prohibited throughout all indoor and outdoor areas of property owned, leased, loaned or under the control of ODOC, including parking lots owned or under the control of ODOC.

H. Paper Products Prohibited. Outside paper products are prohibited in the facility without prior written permission from the facility warden.

2 Prison Rape Elimination Act (28 C.F.R. § 115.17 and § 115.77)

2.1 Any sexual assault or sexual misconducted or attempted sexual assault or sexual misconduct between the Supplier, its employees, agents or representative and an offender is expressly forbidden. In addition, by accepting a contract with ODOC, Supplier attests that no employee, agent or representative of the Supplier who may have direct contact with ODOC offenders while performing the requirements of this contract has:

A. Engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility or other institution (as defined in 42 U.S.C. 1997);

B. Been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or C. Been civilly or administratively adjudicated to have engaged in the activity described above. Any supplier who engages in sexual abuse will be prohibited from contact with offenders and will be reported to law enforcement agencies and to relevant licensing bodies.

2.2 Any violation of this provision will be reported to law enforcement agencies and to relevant licensing bodies and will result in the filing of criminal charges as warranted. ODOC may also terminate the contract immediately when violations are found.

B. Oklahoma §68-1357.34 authorizes a state sales tax exemption for inmates who are qualified disabled veterans with a United States Department of Veteran Affairs (VA) disability rating of 100 percent. Oklahoma §68-1361.2 requires the person to whom the sale is made be required to furnish proof of eligibility for the exemption as issued by the OTC. The Offender Banking System has a radio button to flag inmates who are in possession of this exemption. Because VA disability ratings can be reduced when an inmate changes facility locations, the gaining facility’s trust fund officer will re-validate the OTC exemption by examination of the exemption card.

3.2 Any commission payments shall be paid monthly, in arrears, no later than the 15th day of the following month.

A. Payments shall be made via electronic funds transfer (EFT) to an ODOC-designated account with a confirmation submitted to deposits@doc.ok.gov.

B. Late payments shall accrue interest at a rate of 1.5% per month (or the maximum rate allowed by Oklahoma law) from the due date until paid in full.

C. The contractor shall provide a detailed monthly revenue and commission report (in ODOC-approved format) with each payment, including:

· Total gross revenue by service type and facility

· Commission calculation

· Any deductions or adjustments with supporting documentation

· Year-to-date totals

6.1 The contractor shall submit an ODOC-approved Quality Control Plan for monitoring and assessing the success of its services. The plan shall include criteria that define acceptable or unacceptable performance metrics based on industry standards.

6.2 The contractor and ODOC shall maintain open, regular and effective communication throughout the term of the contract to ensure successful implementation, ongoing performance and continuous improvement of the systems, to include, but not limited to:

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