Attachment G DOC Rider.docx

DOC Rider Supplemental Standard Terms and Conditions of Bid

The Department of Corrections (DOC) Executive Directives (ED) referenced within the applicable sections of this DOC Rider are available upon request through the Procurement Manager of the solicitation, or Contract Manager of the resulting Contract.

2.0 READ ALL INSTRUCTIONS IN RED, THEN DELETE

1.0 BACKGROUND CHECKS OF CONTRACTOR’S STAFF AND APPLICANTS

1.1 The Contractor shall not employ a person who is on active probation, parole, extended supervision, lifetime supervision or an inmate/offender who is supervised by Intensive Sanctions for any position where the primary duties and responsibilities involve contact or work with inmates/offenders or involves access to inmates’/offender’ records or funds.

Contractor shall implement policies and procedures to ensure that job applicants and its staff shall be dealt with as follows:

1.1.1 For a job applicant who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of a particular job or licensed activity, the applicant will not be hired for that job

1.1.2 For a staff member who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of the current job or required licensure, the staff member will not be retained in that particular job; and

1.1.3 For a job applicant who is convicted of a criminal offense or other offense: Where the circumstances of said conviction of a criminal or other offense that substantially relate to the circumstances of a particular job or required licensure, the applicant will not be hired for that job;

1.1.4 For a staff member who is convicted of a criminal offense: Where the circumstances of said conviction of a criminal or other offense that substantially relate to the circumstances of the current job or licensed activity, the staff member will not be retained in that particular job; and

1.1.5 For a job applicant who is required to use an Ignition Interlock Device (IID): Where the circumstances of a court ordered requirement substantially relate to the circumstances of a particular job or licensed activity, a job applicant will not be hired for that job;

1.1.6 For a staff member who is required to use an Ignition Interlock Device (IID): Where the circumstances of a court ordered requirement substantially relate to the circumstances of a particular job or required licensure, the staff member will not be retained in that particular job.

1.2 In compliance with the Prison Rape Elimination Act, the Contractor shall implement policies and procedures for its staff or job applicants who may have contact with offenders or juveniles that include the following items. The DOC shall not enlist the facility-based services of any Contractor or Contractor staff who:

1.2.1 Has engaged in sexual abuse in a confinement facility;

1.2.2 Has been convicted of engaging or attempting to engage in nonconsensual sexual activity in the community; or

1.2.3 Has been civilly or administratively adjudicated to have engaged in activity described above. The Contractor shall consider incidents of sexual harassment when determining whether to assign anyone to that particular job. See 28 C.F.R. § 115.17 (applying to adult prisons and jails); 28 C.F.R. § 115.217 (applying to community confinement facilities); and 28 C.F.R. § 115.317 (applying to juvenile facilities).

1.3 In hiring and retention decisions, Contractor may consider records of pending criminal charges and convictions when it can be demonstrated that the circumstances of the criminal offense substantially relate to the circumstances of the job or licensed activity. When determining whether the circumstances of a pending charge or conviction are substantially job related, Contractor should take into consideration the factors related to the position, the offense, and the individual.

Nothing in this section prohibits the Contractor from reassigning the staff member or reassigning job duties from this contract, or making other hiring and retention decisions.

Contractor bears the sole responsibility of requesting, receiving, and reviewing current and prospective staff members’ criminal histories/background checks from the Wisconsin Department of Justice. Contractor shall have policies and procedures in place as to the frequency of background checks for existing staff and shall obtain and review criminal histories on all prospective staff. The Contractor’s policies shall be akin to applicable sections of DOC Executive Directive (ED) 42. Contractor shall provide the Contract Administrator with a copy of their policies. A copy of ED 42 may be obtained from the Contract Administrator. No DOC staff, agent, or other person shall, on behalf of the Department of Corrections, offer any legal advice or any advice as to the interpretation of criminal history information received by the Contractor.

To make determinations on substantial relationships to the circumstances of the job, Contractor must have a written policy on how to review the applicant for employment and the existing staff member. Contractor shall submit a copy of this policy to the Contract Administrator.

Contractor shall have a written policy on current staff’s reporting requirements, which details what a staff member must report (e.g. pertaining to a citation, arrest, charge, conviction), the timeframe in which s/he must do so, and the criteria used to determine how substantially the offense relates to the staff member’s job. The Contractor’s policy shall be akin to applicable sections of DOC Executive Directive 42. Contractor shall submit a copy of this policy to the Contract Administrator.

Contractor shall immediately notify the Contract Administrator via email upon discovery of any criminal charge pending or criminal conviction against the Contractor or the Contractor’s current staff, and the DOC retains the right to bar that person’s entry into its facilities and/or access to DOC records. DOC reserves the right to request reassignment of any existing staff/employee of the Contractor meeting any of the above qualifications so that they are not providing direct services to DOC offenders and or having direct access to DOC records.

1.4 Contractor shall verify compliance with this entire section and paragraphs above by filing a “Contractor Compliance Agreement” form (DOC-2818) with the DOC every 12 months within 30 days of each contract year or date previously determined if already on file with DOC Purchasing Services.

2.0 FINGERPRINTING

Contractors shall ensure that its staff submit to the fingerprinting guidelines set forth by the DOC, including that the Contractor and its staff who will be on DOC premises must undergo fingerprinting prior to when the Contractor or its staff will report to the worksite. Upon fingerprint review, the Contractor or its staff may be cleared or not cleared to report to the worksite. If the Contractor or its staff is not cleared, then that individual will not be permitted to report to the worksite. The DOC will regularly require fingerprinting, and may require fingerprinting be retaken at different time intervals as determined by the DOC.

3.0 CONTRACTOR STRUCTURAL CHANGE

The Contractor is required to provide the Department with a minimum of 90 days written advance notice of any planned or potential structural change (merger, buyout, acquisition, consolidation, etc.). The Contract may not be assigned automatically to the new entity (since the underlying procurement may be affected). Required reports shall be forwarded to the Contract Administrator according to the schedule agreed upon by the parties.

4.0 FRATERNIZATION

The Contractor agrees to have a written policy on fraternization which includes the following:

4.1 Prohibiting certain relationships and conduct between Contractor's employees, adult and juvenile offenders, and their relatives. This must also be substantially equivalent to DOC's policy as expressed in Executive Directive 16, August 2004 -Revised January 2019. A copy of Executive Directive 16 may be obtained from the DOC Contract Administrator.

4.2 The policy shall provide for the following definitions:

4.2.1 Employee- definition must be consistent with DOC’s definition of employee

4.2.2 Relationship

4.2.3 Offender

4.2.4 Social Media

4.2.5 Sexual Contact

4.2.6 Sexual Intercourse

4.2.7 Sexual Misconduct.

4.3 A statement detailing prohibited relationships.

4.4 A statement detailing prohibited sexual conduct.

4.5 The duty of an employee to inform Contractor of unplanned contacts with offenders.

4.6 A statement that Contractor-directed contacts or those which are part of the employee's job requirements are exempt from the policy.

4.7 An exception procedure/policy and approval process to be carried out by Contractor.

4.8 A provision requiring a signed standard employee statement is kept in the personnel file for every Contractor employee. The statement attests that the employee has read and received a copy of the Contractor's policy on fraternization.

4.9 DOC may request copies of or to inspect the original signed employee statements of a Contractor upon request.

5.0 ACCESS TO DOC INSTITUTIONS, SECURE FACILITIES, AND A DHS SECURED FACILITY

Execution of this contract requires access/entrance into secure facilities. All Contractor staff will be required to submit to and pass a DHS Sandridge Secure Treatment Center (SRSTC) and DOC Conducted Criminal Background Check, which must be successfully completed and approved prior to arrival. The records are confidential and will be maintained by the Security Chief in DOC Central Office and the Security Department at SRSTC. Although specific policies vary somewhat between facilities, the following will apply:

5.1 Delivery shall be provided by contractor’s truck, or subcontracted truck, which complies with DOT regulations for transport of medical and industrial gases.

5.2 Deliveries are allowed Monday through Friday, and preferred between the hours of 8:00 am and 2:30 pm. No deliveries are allowed on State Holidays that fall on a week day.

5.3 All vehicles shall be thoroughly searched entering and leaving the institution property to prevent introduction of contraband and the use of the vehicle as a means of escape by Agency Location residents.

5.4 Contraband items are prohibited in the vehicle as well as on the person when on Agency Location secured grounds. Contraband items include but are not limited to drugs, tobacco products, cell phones, adult or pornographic materials, explosives and weapons (including pocket knives and razor knives, unless a part of an inventoried tool box). Tool boxes should be inventoried prior to arrival to facilitate security staff accounting. Items may be left with the security officers; however, illegal items may not be returned.

5.5 Product is unloaded from the truck by contractor staff or subcontracted staff, and transported as directed by the Agency Location, to their specified gas delivery dock(s) or secured delivery location. Some sites have more than one delivery dock inside the Agency Locations secured grounds for gas deliveries. The unloaded gases must be transferred to the locked, and secured storage area(s) at the Agency Location.

5.6 Contractor shall provide protective gloves, clothing and protective equipment when required for product delivery.

5.7 Trucks to be loaded on Agency Location secured grounds, must be loaded under the supervision of a facility staff member.

5.8 At maximum security facilities, trucks shall never be left unsupervised while on secure facility grounds.

5.9 At minimum and medium security facilities, trucks may be unattended, but unattended trucks must be locked.

5.10 Vehicles leaving the facility grounds, shall have a designated position at which to stop before reaching the vehicle exit, so the driver and passengers can be properly identified. All vehicles leaving the facility shall again be searched at the truck exit.

5.11 When a vehicle is on facility grounds at a time when security initiates an official resident count, that vehicle must be held until all residents are accounted for.

5.12 Contractor staff walking in a secured facility building, may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched.

5.13 Fraternization with residents is prohibited. Nothing is to be given to residents (e.g., food, mail, money, newspapers or magazines, etc.) without prior approved authorization and nothing is to be received from residents for removal or transport from the Agency Location.

5.14 DOC locations may provide contractor delivery staff with a Zero Tolerance training pamphlet, (POC-54), Sexual Abuse and Sexual Harassment in Confinement: A Guide for Volunteers and Contractor (Attachment E). They may request delivery staff to sign a (DOC-2786), Prison Rape Elimination Act (PREA) Sexual Abuse and Sexual Harassment in Confinement Training Contractor Statement of Acknowledgment form (Attachment F).

6.0 PHOTOGRAPHIC IMAGES OR AUDIO FOOTAGE

No photographic or video images or audio footage may be taken while on DOC property, or within its facilities, without prior written consent by the DOC.

6.1 If Contractor’s vehicles are equipped with cameras and the cameras cannot be removed prior to entering DOC property, then all cameras must be disabled, meaning turned off, prior to arriving at the DOC’s property’s entrance and remain off the entire time while on or near DOC property.

6.2 If Contractor’s vehicles are equipped with cameras and the cameras cannot be removed prior to entering DOC property, and the cameras cannot be disabled, then Vendor’s trucks must be covered up such that no imagery, footage, or audio of any DOC facility or person within DOC’s property may be captured photographically or audibly on the camera.

6.3 If a camera installed on a Contractor’s vehicle accidentally captures any image, footage, or audio of a DOC facility or person within DOC’s property, Contractor must immediately notify the DOC contract administrator, within 24 hours of the discovery of the image, footage, or audio of a DOC facility or person within DOC’s property. The vendor must then cooperate with the DOC’s direction on how to handle the footage.

7.0 CONTRACTOR STAFF IDENTIFICATION

All Contractor staff, while working on DOC property, must wear a clearly displayed photo identification badge (provided by the Contractor at the Contractor’s cost) showing they are staff members of the Contractor. Badges must be available, but will not be required to be worn, when protective clothing and respiratory protection is required.

8.0 OUTSIDE INQUIRIES AND PUBLIC RECORDS REQUESTS

8.1 The Contractor agrees to immediately inform the Contract Administrator of any inquiry from outside entities or third parties regarding this Contract.

8.2 The Contractor must report all public requests immediately to the Contract Administrator. The Contractor agrees to comply and assist DOC with a coordinated response to public records including adhering to the timeline determined by DOC.

8.3 Contractor agrees to comply with all public records laws and procedures.

9.0 FAITH-BASED AND CHARITABLE ORGANIZATIONS

9.1 A faith-based or charitable organization is eligible to be a Contractor on the same basis as any other private organization. If Contractor is a faith-based or charitable organization it shall retain its independence from the State of Wisconsin, including without limitation Contractor’s control over the definition, development, practice, and expression of its charitable or religious beliefs. Except as otherwise provided by state or federal law, DOC shall not interpret this Contract to require a charitable or faith-based organization to alter its form of internal governance or remove religious art, icons, scriptures, or other symbols.

9.2 A religious organization does not, by contracting with the State of Wisconsin, lose the exemption provided under Section 702 of the Civil Rights Act (42 U.S.C. 2000e-1(a)) regarding its employment practices. Furthermore, if a faith-based or charitable organization segregates the government funds provided under the Contract, then only the financial assistance provided by these funds will be subject to audit.

9.3 Neither DOC’s selection of a charitable or faith-based Contractor to provide the Services described herein nor the expenditure of funds under this Contract is an endorsement of the Contractor’s charitable or religious character, practices, or expression. The purpose of this Contract is the provision of Services; none of DOC’s expenditures have as their objective the funding of sectarian worship, instruction, or proselytization.

10.0 TRIBAL GOVERNMENT

10.1 A tribal government is eligible to be a Contractor on the same basis as any other Contractor. If the tribal government is recognized by the federal government, it shall retain its independence from the State of Wisconsin in this Contract shall be construed to be a waiver or limitation of tribal sovereignty except for the specifications agreed in this Contract. Except as otherwise provided by applicable state or federal law, DOC shall not enter into a Contract that requires a tribal government to alter its form of internal governance.

10.2 A tribal government does not, by contracting with the State of Wisconsin, lose its ability to apply preference employment to qualified Indians as permitted under tribal law and 42 USC sec 2000 e-2(I).

11.0 PRISON RAPE ELIMINATION ACT

11.1 All Contractor staff shall prevent, detect and respond to sexual abuse and sexual harassment in accordance with the Federal Prison Rape Elimination Act of 2003 and the DOC’s Executive Directive 72 [Sexual Abuse and Sexual Harassment in Confinement (PREA)].

11.2 The DOC shall provide training to the Contractor staff, in accordance with the type of service and level of contact they have with inmate/offenders or juveniles, on the DOC’s zero-tolerance policy as it relates to the sexual abuse and sexual harassment. The DOC shall, additionally, provide training to the Contractor on their responsibilities under DOC’s sexual abuse and sexual harassment prevention, detection and response policies and procedures. The CONTRACTOR staff shall acknowledge and certify to the DOC through signature or electronic verification that they understand the training they received. See 28 C.F.R. §§ 115.32 and 115.332.

11.3 If the Contractor staff is the first to respond to an allegation of sexual abuse, the responder shall request that the alleged victim not take any actions that could destroy physical evidence, and then notify DOC security staff. See 28 C.F.R. §§ 115.64 and 115.364.

11.4 The Contractor staff shall notify the DOC immediately of any knowledge, suspicion or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of DOC; any incidents of retaliation against offenders, juveniles or staff who reported such an incident; and/or any Contractor staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. The Contractor staff shall report this information immediately to a DOC supervisory staff member who is not the subject of the allegation, unless reporting to such a person compromises the safety of the alleged victim, witness(es) and/or reporter. In those instances the Contractor staff shall report this information immediately via email to DOCSECOSOPREAInvestigations@wisconsin.gov and follow-up with a phone call to the DOC PREA Office at (608)240-5000. See 28 C.F.R. §§ 115.61 and 115.361.

11.5 The Contractor staff shall comply with any applicable mandatory child abuse or vulnerable adult reporting laws. See 28 C.F.R. §§ 115.61 and 115.361.

11.6 The Contractor staff shall not reveal any information related to a sexual abuse or sexual harassment report to anyone other than to the DOC supervisor, investigators and designated officials. Such information shall be limited to information necessary to make treatment, investigation and other security and management decisions. Medical and mental health practitioners shall be required to report sexual abuse and to inform offenders or juveniles of the practitioner’s duty to report, and the limitations of confidentiality, at the initiation of services. See 28 C.F.R. §§ 115.61 and 115.361.

11.7 If the DOC has reason to believe that a sexual abuse or sexual harassment incident as defined by PREA has occurred or to ensure compliance with PREA standards, it shall have immediate access to the relevant Contractor records as defined by DOC.

11.8 If a Contractor staff is the alleged perpetrator of sexual abuse, the Contractor and/or DOC shall immediately remove that individual from any position that has offender or juvenile contact within DOC-funded operations pending an investigation. The individual may not return to any position that has offender or juvenile contact within DOC-funded operations until DOC has reviewed investigation materials and authorized return to work. A Contractor staff who engages in sexual abuse shall be prohibited from contact with offenders and juveniles; they shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies. In the case of any other violation of DOC sexual abuse or sexual harassment policy by a Contractor staff, DOC shall take appropriate remedial measures, and shall consider whether to prohibit the Contractor staff’s further contact with offenders or juveniles. See 28 C.F.R. §§ 115.77 and 115.377.

12.0 CARRYING A CONCEALED WEAPON

Contractor is prohibited under Executive Directive 80, signed October 31, 2011 from possession of any weapon by Contractor's employees while providing services for DOC.

13.0 DRUG FREE WORKPLACE

Contractor, agents, employees, or subcontractors under this Contract shall follow the guidelines established by the Drug Free Workplace Act of 1988.

14.0 SOCIAL MEDIA

When it is applicable and if services are provided, the Contractor must comply with Executive Directive 87, signed July 28, 2020 in its conduct both in and outside of the workplace if it is of a nature that it could affect the work environment, impair the DOC’s ability to carry out its mission, impair relationships with DOC partners, or impair the public trust. This policy is not meant to infringe upon an individual’s right to engage in personal interaction or commentary online or upon any right protected by federal or state law.