6Attachment A- Vendor Rules combined - final.pdf

MICHIGAN DEPARTMENT OF CORRECTIONS

VENDOR RULES & REGULATIONS

(Rev. April 2022)

Contractors providing services to the Michigan Department of Corrections (MDOC) under a Contract, Purchase Order, Delivery Order, Memorandum of Understanding, Grant, or other agreements are subject to the following rules, standards, and procedures. Due to the sensitive nature of the involved work, Contractor and MDOC have agreed that all

Contractors and Subcontractors shall abide by the following rules and regulations to ensure the safety of the Contractor, Subcontractors, Offenders, and MDOC employees.

Any violation of the MDOC Vendor Rules and Regulations may result in a Stop Order being issued against the Contractor, the Contractor’s removal from his/her assignment under the agreement and may result in additional sanctions from law enforcement.

Definitions

Contraband: Any article not specifically authorized by policy including Contractor personal property. (See Attachment A for permissible items allowed into a facility without a gate manifest.)

Contractor: an individual employed by a company, agency, or vendor that are contracted to provide services to the Michigan Department of Corrections or their sub-contractors.

Contractor Permitted Items:

(CFA)

See Attachment A – Allowable Items Without Gate Manifest.

(FOA)

Contractors are permitted to take the following items in a FOA office: photo ID, money, cell phone (Contractors are prohibited from recording audio or video with cellular devices).

Correctional Facilities Administration (CFA): Contractors who enter and provide services within the secure perimeter of an MDOC correctional facility are categorized as CFA

Contractors.

Discriminatory Harassment: Unwelcome advances, requests for favors, other verbal or non-verbal communication or conduct based on religion, race, color, national origin, age, sex, height, weight, marital status, partisan considerations, disability, or genetic information.

Facility: Any property owned, leased, or occupied by the MDOC.

Field Operations Administration (FOA): Contractors who provide services in the community are categorized as FOA Contractors.

Schedule A SOW- Attachment B-3

MDOC: Michigan Department of Corrections.

MDOC Program Manager: Individual appointed by the State to monitor and coordinate the day-to-day activities of the Contract.

Offender: A prisoner or parolee under the jurisdiction of the MDOC or housed in a MDOC facility, a probationer who is supervised by an employee of the MDOC, or any person referred to the MDOC by the courts for investigation or supervision.

Offender Contact Disclosure for Contractors Form: Form completed at the time of initial

LEIN clearance and renewed as needed as circumstances change. Contractors are required to disclose relation, acquaintance, or active communication with offenders under MDOC jurisdiction at any time during their performance on the contract. Failure to disclose this information may result in disqualification from working on MDOC deliverables. Disclosure of offender contact will result in a review process which may also disqualify the disclosing contractor from working on MDOC deliverables.

Overfamiliarity: Conduct that has resulted in, or is likely to result in, a personal non-work-related association or intimacy. Establishing a friendship, mutual attraction, or intimate relationship with an offender, is strictly prohibited. Examples include, but are not limited to:

• Conduct which has resulted in or is likely to result in intimacy, a close personal or non-work-related association

• Being at the residence of an offender outside of routine work duties

• Being at the residence of an offender’s family outside of routine work duties

• Giving or receiving non-work-related letters, messages, money, personal mementos, pictures, telephone numbers, to or from an offender or a family member of a listed visitor of an offender

• Exchanging hugs with an offender

• Dating or having sexual relations with an offender

Procurement, Monitoring, and Compliance Division (PMCD): Unit that provides oversight to

MDOC contracts and ensures that Contractors are delivering services according to contract requirements.

Stop Order: A notice that is posted at a worksite prohibiting an individual from entering or being allowed on the grounds of an MDOC worksite.

Vendor: A company or agency who employs individuals who provide contracted services to the

MDOC or their sub-contractors.

Vendor Supervisor: The Vendor’s main point of contact to monitor and coordinate the day-to-day activities of the Contract.

General Requirements

MDOC Rules, Regulations, Policies, and Procedures. Contractors will comply with all rules, regulations, and policies of the State that are communicated to Contractor in writing, including security procedures concerning systems and data and remote access, building security procedures, including the restriction of access by the State to certain areas of its premises or systems, and general health and safety practices and procedures. This Vendor Rules and Regulations document serves as the initial communication of MDOC Rules, Regulations, Policies, and Procedures with the possibility of additional communication to follow.

Background Checks. The State, in its sole discretion, may perform background checks on

Contractors.

Contractor Roster. To assist PMCD in maintaining complete and accurate contractor files and identifying those who access secure correctional facilities, criminal justice information, and have contact with offenders, Contractors are required to update contact information and additional information upon request.

Training Requirements. In accordance with MDOC instruction, Contractors providing services to the MDOC must complete applicable MDOC assigned training prior to providing services under the contract and annually thereafter. The training assigned to Contractors is specific to worksite, level of offender contact, access to MDOC data, and the services provided under the contract. For Contractors who have no offender contact and no access to MDOC properties or data, training may not be a requirement.

Discrimination. Contractors shall not discriminate against a person on the basis of religion, race, color, national origin, age, sex, height, weight, marital status, partisan considerations, disability, or genetic information.

Political Activities. Contractors cannot proselytize for any political group while providing services for the MDOC or at the location of where services are provided to the MDOC.

Conflict of Interest. If a Contractor has a family member or friend who is incarcerated, on parole or probation he/she must immediately notify their Contractor Supervisor, MDOC Contract

Representative, and complete the Offender Contact Disclosure for Contractors form for proper assignment to avoid a conflict of interest.

Public Information. Contractors are not authorized to make public statements on behalf of the

MDOC.

Role Model. Contractors serve as role models to offenders and must act in a professional manner at all times. Any arrest, citation, issuance of a warrant for a felony or misdemeanor offense or issuance of a personal protection order against the Contractor must be immediately reported to his/her Vendor Supervisor and MDOC Program Manager. Any action or inaction by a Contractor which jeopardizes the safety or security of the facility, MDOC employees, the public or offenders is prohibited.

Fitness for Duty. Contractors are required to be physically and mentally fit to perform their job duties. If you do not believe you are mentally or physically fit, please report this issue to your

Vendor Supervisor and MDOC Program Manager. Contractors shall immediately notify their

Vendor Supervisor and MDOC Program Manager if they are taking medication which may interfere with their work responsibilities. Additionally, Contractors must adhere to MDOC

COVID-19 protocols and testing measures.

Use of Leave/Notice of Absence. Contractors are required to obtain preapproval of leave from their immediate Vendor Supervisor and/or on site MDOC Supervisor if applicable.

Punctuality. Regular attendance and punctuality are required of all Contractors. All Contractors are expected to adhere to the work schedule approved by their supervisor and to be at their assignment at the start of their shift or workday. In addition, all Contractors must adhere to specific facility procedures for attendance accountability.

Jail Time or Other Restricted Supervision. No Contractor shall be allowed to provide services to an offender while under electronic monitoring supervision or device, house arrest, or sentenced to jail time even if granted a work release.

ADA Compliance. Contractors shall contact their employing Vendor for ADA issues and follow their Vendor’s Disability Accommodation request process. Due to potential custody and security issues, the Vendor shall include the PMCD Contract Manager and MDOC Equal Employment

Opportunity Officer in the interactive process. Any costs associated with the accommodation are the responsibility of the Contracting Vendor, not the MDOC. If a Vendor has approved a reasonable accommodation their staff, PMCD shall be notified.

Possession and/or Use of Medication. Contractors shall immediately notify their Vendor

Supervisor and MDOC Program Manager if taking prescribed medication which may interfere with the Contractor’s work responsibilities. In addition, any Contractor who has duties involving the direct management or observation of offenders shall immediately provide written notice of a prescribed medication that could reasonably be expected to affect the work performed. Such medication includes, but is not limited to narcotic pain medication, psychotropic medication, mood altering medication, and antihistamines.

Prison Rape Elimination Act of 2003 (PREA), 42 U.S.C. § 15601

A. Contractors shall comply with the Final Rule implementing PREA, all applicable PREA standards and the agency’s policies. Contractors shall make itself familiar with and at all times shall observe and comply with all PREA regulations that in any manner affect the performance under this Contract. Failure to comply with the PREA standards and related polices of the MDOC will be considered a breach of contract and may result in termination of the contract.

B. Contractors who may have contact with prisoners must complete PREA training prior to providing services.

C. As is deemed necessary, the MDOC Program Manager will provide the Contractor with current copies of all PREA documents via email. Any revisions to the documents will be emailed to the Contractor throughout the contract period, and the Contractor must comply with all documentation provided.

D. The Contractor must report any information concerning violations of PREA as soon as made aware of the alleged occurrence to the MDOC immediately.

Contractor Work Rules

1. Humane Treatment of Individuals. Contractors are expected to treat individuals in a humane manner in the workplace or while on duty. Examples of actions of a Contractor in violation of this rule include but is not limited to any action, language, or behavior that causes intimidation, humiliation, degradation, or belittlement of another person or group, displaying a weapon or object for the purpose of intimidation, and invoking unnecessary or unreasonable rules and requests.

2. Use of Personal Position for Personal Gain. Contractors shall not engage in actions that could constitute the use of their position for personal gain. Examples of actions of a

Contractor in violation of this rule include but is not limited to obtaining goods or services that would not otherwise be available to the Contractor, displaying department issued credentials or referencing employment for non-work-related reason, and obtaining information, assistance, or leniency from other law enforcement or criminal justice agencies.

3. Discriminatory Harassment. Contractors shall not engage in discriminatory harassment which includes but is not limited to, unwelcomed advances, requests for favors, other verbal or non-verbal communication or conduct based on religion, race, color, national origin, age, sex, height, weight, marital status, partisan considerations, disability, or genetic information.

4. Misuse of State or Other Agency Property or Equipment. Contractors shall not misuse State or Vendor property. Examples of actions of a Contractor in violation of this rule include but is not limited to use of computer for personal or unauthorized purposes, inappropriate use of the internet, and removal of items from State or Vendor premises without authorization.

5. Conduct Unbecoming. Contractors shall not behave in an inappropriate manner that may harm or adversely affect the reputation or public perception of the MDOC. Contractors are expected to be professional at all times. Contractors are also expected to support and uphold the law through their actions and personal conduct. In instances where a

Contractor is arrested or charged with a criminal offense, this incident shall be reported to the Contractor’s Vendor Supervisor and the MDOC Program Manager.

6. Physical Contact. Inappropriate physical contact is prohibited. Examples include but are not limited to, inappropriately placing of hands on another person, horseplay, or other types of body contact, including body contact with an object.

7. Confidential Nature of Records. Contractors shall respect the confidentiality of other

Contractors, MDOC staff, and offenders. Contractors shall not share confidential information, health care information, or other information and reports to unauthorized persons.

8. Use of Health Care Services. Contractors shall only use the facility health care services in cases of emergency, and medical stabilization for serious on-the-job injuries.

9. Class II Insubordination. Willful acts of Contractors contrary to management directives that may compromise the MDOC’s ability to carry out its responsibilities, such as operation of safe and secure facilities or protection of the public, are prohibited.

10. Class I Insubordination. Contractors are prohibited from failing to immediately follow management directives.

11. Searches While on Facility Property. All Contractors are subject to authorized searches while on facility property. Contractors who refuse to submit to, avoid or interfere with an authorized search will be relieved of providing services immediately pending investigation.

12. Responding or Providing Assistance. All Contractors of the MDOC, regardless of classification, have security responsibility. Contractors shall immediately respond to any request for assistance, including emergency preparedness drills and mobilizations. A

Contractor shall come to the assistance of other Contractors, offenders, visitors, volunteers, etc., who are in distress, in an escalated situation, at risk of suffering harm or injury or in an emergent situation.

13. Work Rule Rescinded.

14. Work Rule Rescinded.

15. Work Rule Rescinded.

16. Criminal Acts - Felony. Contractors shall not engage in any conduct which results in a felony conviction (including diversion programs), whether by guilty plea, no contest plea, delayed or deferred sentence or trial. Contractors shall report any felony arrest, charge, or convictions to their Vendor Supervisor and MDOC Program Manager within 24 hours.

17. Controlled Substance/Intoxicant – Possession, Introduction, or Attempted

Introduction. Possessing, introducing, or attempting to introduce controlled substances or intoxicants into any facility where offenders are supervised shall result in discharge and possible referral for prosecution. Contractors are responsible for any item in their area of control which includes, but is not limited to, the automobile they have driven, their clothing, and within purses and briefcases.

18. Use of Alcohol or Controlled Substance. Contractors are prohibited from consuming alcohol or any controlled substance while on duty or on breaks.

Contractors who report for duty with alcohol on his/her breath or when suspected of being under the influence of alcohol or a controlled substance, may be immediately removed from providing services. Contractors are subject to random, reasonable suspicion, pre-appointment, post-accident, and follow-up drug and alcohol testing protocol.

19. Work Rule Rescinded.

20. Introduction or Possession of Contraband Items (CFA). Contractors shall not introduce or possess unauthorized items such as escape paraphernalia, weapons, facsimiles of weapons, ammunition, wireless communication devices, cell phones, tobacco, or facsimiles of tobacco products in any facility where offenders are housed.

Contractors are responsible for any item in their area of control which includes, but is not limited to, their clothing and within purses and briefcases.

21. Contraband in Vehicle on the Premises of a Facility Housing Offenders. Contractors are responsible for ensuring that unauthorized items such as alcohol, controlled substances, weapons, ammunition, or facsimiles thereof are not in their vehicle.

22. Misdemeanor or Other Restrictions. Any conduct by a Contractor which results in a misdemeanor conviction (including diversion programs), whether by guilty plea, no-contest plea, delayed or deferred sentence, or trial is prohibited. Exceptions include animal control misdemeanors, insurance related misdemeanors, and license related misdemeanors. Contractors shall report any misdemeanor arrest, charge, or convictions to their immediate Vendor Supervisor and MDOC Program Manager within 24 hours.

23. Work Rule Rescinded.

24. Work Rule Rescinded.

25. Work Rule Rescinded.

26. Entry and Visiting in a Facility. Contractors shall not visit non-public areas of a facility where offenders are housed for non-work-related purposes without prior approval of their

Vendor Supervisor and MDOC Program Manager. Contractors who have family members incarcerated with the MDOC must complete the Offender Contact Disclosure for Contractors form and obtain MDOC approval prior to visiting an offender.

Contractors visiting any facility where offenders are housed shall sign the facility visitor’s log.

27. Dereliction of Duty. Contractors shall fully perform their job duties. Any action or omission of a Contractor indicating neglect of his/her job duties, including but not limited to safe and proper care and control of offender’s health and well-being will be considered dereliction of duty.

28. Use of Force. Contractors shall use the least amount of force necessary to perform their duties. Contractors may act to reasonably to protect themselves and others from harm.

29. Work Rule Rescinded.

30. Duty Relief and Exchange of Duties. Contractors shall not leave an assignment or exchange duties without prior relief or authorization from their immediate Vendor

Supervisor or MDOC Supervisor if applicable.

31. Security Precautions. Contractors shall take reasonable security precautions to ensure the safety and security of employees, the public, and offenders. Examples include but are not limited to, loss of security equipment (keys, tools, etc..), propping open security doors or doors that should remain locked, allowing an unknown or unidentified individual access into a building, and unauthorized distribution of MDOC exempt policy directives/operating procedures.

32. Attention to Duty. Contractors shall remain alert while on duty. Sleeping or failure to properly observe an assigned area or offenders are examples of inattention to duty and are prohibited. Items that detract from the alertness of a Contractor are prohibited. These items include but are not limited to unauthorized electronic devices, computer games, books, pamphlets, newspapers, or other reading materials while on duty.

33. Reporting Violations. Contractors shall immediately report the conduct of another

Contractors or MDOC Employees that is in violation of MDOC rules, policies, and procedures. Contractors must report conduct involving drugs, escape, sexual misconduct, sexual harassment, workplace safety or excessive use of force. A complete written report of the approach must be made no later than the end of the Contractor’s workday.

34. Reporting Approach to Introduce Contraband, Violate Rules, Policies, Procedures, Director’s Office Memorandums and Manuals. Contractors shall report each time they are approached to introduce contraband or violate rules, policies, procedures, Director's

Office Memorandums, or manuals. A verbal report of the approach shall be made immediately to the Vendor Supervisor, MDOC Program Manager, and on site MDOC staff with a complete written report of the approach must be made no later than the end of the Contractor's workday.

35. Work Rule Rescinded.

36. Work Rule Rescinded.

37. Work Rule Rescinded.

38. Reporting Requirements. Contractors shall timely submit accurate and complete oral and written reports when required by MDOC policy, procedure, or when requested by supervisor or other authorized personnel. Failure to provide reports that are accurate and complete is a violation of this work rule. Vendors shall ensure their Contractor’s complete reports as requested by the MDOC.

39. Work Rule Rescinded.

40. Work Rule Rescinded.

41. Work Rule Rescinded.

42. Contractor Uniform Requirements. Contractors must wear their required uniforms as approved by the Vendor and the MDOC. Contractors will not be permitted to enter the facilities or interact with offenders without the proper Vendor approved uniform/work attire. Examples of inappropriate attire are cut-off shorts, tube tops, bathing suits, see-through clothing, excessively ripped clothing, etc. Shirts and shoes are required.

43. Work Rule Rescinded.

44. Work Rule Rescinded.

45. Work Rule Rescinded.

46. Work Rule Rescinded.

47. Falsifying, Altering, Destroying, Removing Documents or Filing False Reports.

Contractors shall not falsify, alter, destroy, or remove documents, logbooks, data entries, reports, receipts, etc... from the facility or office. Fraudulent reporting of a Contractor’s time is expressly prohibited. Contractors who file a false compliant will be considered to be in violation of this rule.

48. Giving or Receiving Gifts or Services. Contractors are prohibited from exchanging with, giving to, or accepting any gifts or services from offenders or an offender’s family.

This includes but is not limited to food and beverage items, shoeshines, clothing, paper products, stamps, delivering letters/correspondence, etc.

49. Work Rule Rescinded.

50. Overfamiliarity or Unauthorized Contact. Contractors are prohibited from engaging in over-familiarity or non-work relationships with an offender, or an offender’s family member, known acquaintance or listed visitor. For Contractors with relationships with active MDOC offenders or offender’s family, the completion of the Offender Contact

Disclosure for Contractors form must be completed. This form is included at the time of

LEIN clearance and renewed as needed as circumstances change. Contractors are required to disclose relation, acquaintance, or active communication with offenders under

MDOC jurisdiction at any time during their performance on the contract.

51. Sexual Abuse of Offender. Contractors shall not engage in sexual abuse of an offender.

52. Sexual Harassment of Offender. Contractors shall not engage in sexual harassment of an offender. Contractors shall not assist, advise, or encourage another to engage in sexual harassment, nor shall they assist the violator in avoiding discovery. Sexual harassment can include, but is not limited to, verbal or written statements of a sexual nature, demeaning references to gender or derogatory verbal or written statements about body or clothing, and profane or obscene language or gestures of a sexual nature.

53. Workplace Safety. Threats made by Contractors such as bomb threats, death threats, threats of assault, threats of assault, acts of physical violence are prohibited. Contractors shall not physically fight or assault any person at their worksite or facility grounds.

Contractors may act to reasonably defend themselves against violence. If a Contractor becomes aware of a threat of violence or an act of violence, the Contractor shall immediately report this information to their Vendor Supervisor, on-site MDOC employee, and MDOC Program Manager.

54. Misuse of Recording Devices or Recorded Information. Contractors are prohibited from using any type of recording device to record, transmit, or transcribe audio conversations, electronic information, photographic or video images. Contractors are prohibited from making copies or removing copies of communications without authorization which are routinely recorded and/or monitored as part of the daily operations of the Department (logbooks, security tapes, etc.).

ACKNOWLEDGMENT

I acknowledge that I have received a copy of, have read, understand, and agree to abide by the above conditions and applicable attachments. If I have any questions, I will ask my

Vendor Supervisor.

Print Contractors Name Contractors Signature Date

ATTACHMENT A

ALLOWABLE ITEMS WITHIN CORRECTIONAL FACILITY

Contractors are allowed to bring the following items into a facility while on duty:

1. Driver license/personal identification.

2. Pens (clear) and pencils (no more than two (2) of each).

3. Small notebook.

4. Eyeglasses and sunglasses.

5. Cash, not to exceed $25.00.

6. Personal keys.

7. One (1) comb, one (1) brush or one (1) pick; non-metal only.

8. One (1) wallet or one purse/bag; no larger than 6” x 8”.

9. Umbrella, no pointed tips, no more than 20 inches total length.

10. Feminine hygiene products; one (1) day’s supply.

11. One (1) tube lip balm (e.g., Chapstick), one (1) lipstick.

12. Hand cream/lotion (1.6 oz. or less) tube.

13. Non-alcoholic based anti-bacterial hand cleaning sanitizer (four (4) oz. or less).

14. Sunscreen (four (4) oz. or less).

15. Over the counter medication; one (1) day’s supply limited to pain medication (e.g. aspirin, Tylenol, Ibuprofen) and antacids (e.g. Tums, Mylanta). Over-the-counter medication containing stimulants/relaxants

(e.g., NoDoz, Sleepeze, NyQuil, Dexitrim) are prohibited. The medication must be factory sealed when brought in and be identifiable.

Note: An Administrative Manifest from the MDOC is required for prescription medication.

16. One individual box/packet (unopened) paper tissues or one handkerchief.

17. Breath mints (one (1) oz. or less), hard candy/cough drops/throat lozenges (one (1) roll or package (six

(6) oz. or less) of no more than ten (10) individually wrapped items); Commit nicotine lozenges (or similar brand) (ten (10) or less lozenges).

18. Coffee/tea/creamer/sugar/hot chocolate/coffee filters, soup/hot cereal/powdered drink mix, as described below:

• Coffee – One (1) factory sealed, unopened non-metallic container containing no more than two

(2) pounds to be transferred to clear plastic zip bag in presence of gate officer.

• Tea/creamer/sugar – Single serving, sealed packets or in original packaging and transferred to clear plastic zip bag in presence of gate officer.

• Hot Chocolate – Maximum of two (2) sealed packets in original packaging and transferred to clear plastic zip bag in presence of gate officer.

• Coffee Filters – Maximum of one (1) unopened sealed bag in original packaging.

Vendor Rules and Regulations

• Soup/Hot Cereal/Powdered Drink Mix - Sealed packets or envelopes (no more than two (2)).

19. Pocket calendar (non-electronic).

20. One (1) clear, sealed, unopened plastic container of water not to exceed one (1) gallon.

21. Contact lens case: wetting solution and/or eye drops (non-prescription) – not to exceed ½ oz.

22. Factory sealed energy/protein/granola/candy bars – two (2).

23. Flashlight (mini) and case.

24. Street shoes during inclement weather to replace snowshoes/boots – one (1) pair.