Agency Term Contract

ATC-25-044

Privatized Facility Maintenance Services Gulf CI and Santa Rosa CI

This Contract is between the State of Florida, the Department of Corrections (“Department”), and

CGL Facility Management, LLC (“Contractor”).

WITNESSETH

WHEREAS, the Department and Contractor are collectively referred to herein as “Parties,” and individually as a “Party,” and capitalized terms shall have the meanings assigned to them in the

Contract, unless otherwise defined herein;

WHEREAS, the Department has negotiated and accepted the Contractor’s pricing and enters into this Contract under the authority of Section 287.057(6), Florida Statutes (F.S.).

THEREFORE, and in consideration of the mutual promises contained herein, the Parties agree as follows:

I. Definitions

A. Business Day: Days Monday through Friday, excluding State holidays or other official closures.

B. Business Hours: Monday through Friday,7:00 a.m.- 4:00 pm., excluding State holidays or other official closures, in the time zone in which the institution is located.

C. Contract: This Agency Term Contract (ATC) between the Department and the Contractor.

D. Contract Administrator: The Department employee, or his/her designee, who serves as the liaison between the Contract Manager and the Department, and who will maintain the official Contract Administration file, develop and maintain the Contract and all amendments, and maintain the official records of all formal correspondence between the Department and the Contractor.

E. Contract Manager: The Department employee who will serve as a liaison between the Contractor and the Department under the Contract and will monitor the Contractor’s progress and Contract performance to ensure the procured products and services conform to the Contract’s requirements.

F. Contractor: The Vendor awarded a Contract to perform services to the Department.

G. Correctional Institution: A prison used to detain inmates in the lawful custody of the Department of Corrections.

H. Corrective Action Plan (CAP): A Contractor’s comprehensive written response discovered during Contract compliance monitoring, and a plan for remediation of those deficiencies.

I. Day: A calendar day unless otherwise noted.

J. Deliverables: Those services, items, and/or materials provided, prepared, and delivered to the Department in the course of Contract performance.

K. Department or FDC: The Florida Department of Corrections.

L. Hours: Includes business hours and after-hours or outside business hours.

M. HIPAA: The administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Title II) that address the security and privacy of health data.

N. Inmate: A person residing in a correctional institution who is incarcerated by the

Department.

O. Prison Rape Elimination Act (PREA): 28 C.F.R. 115, National Standards to Prevent, Detect, and Respond to Prison Rape, under the “Prison Rape Elimination Act of 2003.”

The Act provides for analysis of the incidence and effects of prison rape in federal, state, and local Institutions and for information, resources, recommendations, and funding to protect individuals from prison rape.

P. Purchasing Card (PCard): The State of Florida’s purchasing card program that utilizes the Visa platform.

Q. Service Location: Gulf CI, Santa Rosa CI, and any annex and work camp operating under Gulf CI and Santa Rosa CI.

R. State: The State of Florida.

S. Subcontract: An agreement entered into by the Vendor with any other person or organization that agrees to perform any contractual obligation for the Vendor, specifically related to securing or fulfilling the Vendor’s deliverables to the Department under the terms of the Contract.

T. Vendor: A legally qualified corporation, partnership, or other business entity entering into a contract with the Department.

II. Scope of Work

The services to be provided by the Contractor pursuant to this Contract as defined and described in this Contract and Attachment I, Contractor’s Negotiated Price.

III. Contract Term

The initial term of this Contract is for three (3) years and shall begin on the last date on which it is signed by all Parties.

IV. Specifications

The Contractor shall provide privatized facility maintenance services at Gulf CI and Santa Rosa CI to furnish all labor, supervision, materials, tools, consumables, and equipment necessary to provide complete corrective and preventative maintenance services.

A. General Requirements

The Contractor shall be able to provide planning, design, and support for facility modifications and operational changes and problems at the request of the Warden in accordance with Department policy. This would include the ability to submit remove-and-replace requests using OpenGov.com.

The Contractor shall be qualified and have qualified technicians in all necessary trades to provide maintenance and repair services on physical and electronic security equipment and shall have ongoing or developing working relationships with major security equipment suppliers and manufacturers. The Contractor shall have certifications in their field as required by any governmental agency.

The Contractor shall arrange for any employee or subcontractor on Department property to complete the FDC New Employment Orientation Training and ensure that such persons have had a Level II FDC background check.

The Contractor shall develop, implement, and monitor a process for the procurement and inventory management of critical spare parts and consumable materials to ensure that maintenance work is performed in a timely and cost-effective manner.

B. Rules and Regulations

The Contractor shall provide services in accordance with all applicable local, federal, and State laws, rules, and regulations, and the Department’s related rules and procedures. The Department’s Rules and procedures, current and revised, are incorporated herein by reference and are made a part of this Contract, as applicable.

The Contractor and the Department shall work cooperatively to ensure service delivery is in complete compliance with all such laws, rules, regulations, and procedures.

Where a specific law, rule, regulation, or procedure is referenced, all revisions to that law, rule, regulation, or procedure will apply.

The Contractor shall pay for all costs associated with local, State, and federal licenses, permits, and inspection fees required to provide services. All required permits and licenses shall be current, and a copy shall be submitted to the Contract Manager or designee upon request.

C. Service Locations

The Contractor shall provide privatized facility maintenance services to Gulf CI, Santa Rosa CI, and any annex and work camp operating under Gulf CI and Santa Rosa CI.

D. Department Responsibilities

1. The Department will provide timely approval of work orders.

2. The Department will ensure that all invoices submitted are reviewed and paid in a timely manner.

3. The Department will assist the Contractor in providing the Department’s Computer

Maintenance Management Software (CMMS) and Asset Information Management

System (AiMS) to assign maintenance requests and work orders.

4. The Department will provide the Contractor with access to all applicable

Department rules and regulations.

5. The Department will inform the Contractor of any regulatory or operational changes impacting the delivery of services to be provided pursuant to the Contract.

E. Contractor Responsibilities

1. The Contractor shall provide preventive and corrective maintenance services to

Gulf CI and Santa Rosa CI, associated satellite facilities, and staff housing. All preventive and corrective maintenance services shall be in accordance with federal and State laws, any applicable building codes, all American Correctional

Association (ACA) standards, applicable FDC Standard Operating Procedures, and the terms and conditions of the Contract.

2. The Contractor shall provide an annual efficiency analysis report to the

Department, providing recommendations on ways to increase efficiencies or reduce costs.

3. The Contractor shall implement the Department-provided AiMs, edit and update asset inventories as needed to bring current and maintain an accurate database, and enter asset data such as nameplate info, parts lists, and warranty dates to aid in efficient operations. The Contractor shall continue to input data into AiMS as needed and submit weekly reports as required by the Department. The

Department will pay all licenses associated with AiMS.

4. The Contractor shall provide all preventive and corrective maintenance activities as required by AiMs or verbally directed by the Department.

5. The Contractor shall provide periodic reports and data from AiMs as requested by

The Department’s Office of Facilities Management and Building Construction

(FMBC).

6. The Contractor shall Track all maintenance activities in AiMs for proper performance and timely completion.

7. The Contractor shall conduct weekly inspections by walking through or around the assigned facility, looking for any areas that may have maintenance issues or repairs requiring attention that have not been reported in AiMs or addressed.

8. The Contractor shall report needed repairs to the Warden, Regional Maintenance

Monitor, or designee.

9. The Contractor shall respond to maintenance work requests entered into AiMs by facility staff, issue work orders to staff using AiMs, and provide repairs as needed within a timely manner.

10. The Contractor shall respond to after-hours emergency maintenance requests and repairs as directed by the Warden or designee. The Contractor shall provide a 24-hour schedule of on-call personnel and instructions for reaching them.

11. The Contractor shall provide economical maintenance services while maintaining a safe, secure, and sanitary environment for inmates and staff. To ensure the

Department is receiving the most cost-effective service available, the Contractor shall be solely responsible for the payment of the supplies, materials, parts, and any other associated cost on jobs up to $5,000.00 per occurrence for all facility and equipment repairs or replacement and all other cost associated with each individual work order or repair. The Contractor’s total monthly obligation for these expenditures shall not exceed $50,000.00. The Department facility where services are provided will be responsible for providing the Contractor with paint & materials for beautification projects. The Contractor shall provide paint and sealants needed for minor paint and patch services to match existing paint or keep building structures sealed from moisture. The Department will be responsible for the payment of repairs exceeding $5,000.00 per individual work order or repair.

Outside Vendors or Contractors shall only be called for specialty repairs for services that cannot be performed by the Contractor’s Staff.

12. The Contractor shall provide and bear the full costs of subcontractors as needed to perform specialty services for which the Contractor’s staff cannot self-perform.

13. The Contractor shall ensure all warranties for new equipment, additions, or modifications are fully utilized before parts are purchased. The Contractor shall not perform repairs without prior written approval by the Department, especially where doing so would void the warranty.

14. The Contractor shall obtain approval of the Facility Warden or designee before making offers of employment to any staff who will be located at a facility. The

Contractor shall supply the FDC Human Resource Officer with the names and positions of all employees hired or terminated and the effective dates of such actions.

15. The Contractor shall maintain compliance with mandatory and non-mandatory general standards governed by the ACA standards.

16. The Contractor shall assist the applicable FDC Facilities Business Office with conducting or verifying counts for material and supplies inventory and any other inventory on an as-needed basis.

F. Staffing Requirements

1. The Contractor shall provide a skilled workforce with the necessary qualifications, certifications, and experience to perform the full scope of services requested. In addition, the Contractor’s staff shall be available to perform special projects approved in advance by FMBC.

2. The Contractor shall maintain a minimum staffing level to complete the work order demand within the timeframes designated in Section IV., Specifications, Subsections

J, and K.

3. Initial and continued employment of staff shall be subject to the approval of the

Department. The Department reserves the right to demand the removal of any employee that the Warden or designee feels is a threat to the health or safety of staff and inmates, the security of the Department facility, or the quality of the service provided by the Contractor. The decision by the Department is final.

4. The Contractor shall be responsible for ensuring its staff reports any problems or unusual incidents to the Department’s Administration at the facility in accordance with FDC Procedure 602.008, Incident Reports, Institutions.

5. The Contractor shall abide by the Department’s existing dress code in accordance with FDC Procedure 208.003, Dress Code for Non-uniformed Employees. The

Contractor’s staff shall not wear any clothing similar to, or that could be mistaken for an inmate uniform. Clothing that is short, tight-fitting, or revealing is not permitted.

Individuals so dressed will be asked to change their clothing or leave the facility.

Clothing or garments with any type of camouflage are not permitted on Department property due to its possible use in escape. The Contractor’s staff shall be expected to adhere to grooming standards as referenced in Rule 33- 208.101 of the Florida

Administrative Code (F.A.C.).

6. The Contractor’s staff shall wear appropriate work attire and safety footwear suitable for the jobsite conditions, along with any required personal protective equipment

(PPE).

7. The Contractor shall provide Department management with a current personnel roster of its staff no less than every six (6) months or as requested. The roster shall include the employee’s name, job title, location, and contact information.

8. The Contractor, shall fill and maintain all positions listed in the approved Contractor’s

Staffing Plan with qualified staff. For any position that becomes vacant and remains vacant for more than 60 Days, the Department shall assign financial consequences.

9. The Contractor shall keep accurate timesheets reflecting the date, time, and hours worked for all individuals performing work under the Contract.

10. The Contractor shall keep a record documenting offers of employment, hires, terminations, and hours worked for all positions, including names, positions, and dates, with approvals from the Warden or designee to be submitted with monthly invoicing.

11. The Contractor is solely responsible for the cost of overtime hours while not fully staffed in accordance with the staffing plan.

G. Inmate Work Assignments:

1. The Contractor shall utilize inmate labor to assist in service provision, as directed by the Department; however, assigned Inmates will not be considered employees of the

Contractor. The Warden will determine the Inmates assigned to assist the

Contractor, and the number of inmates assigned will be agreed upon by the Warden and Contractor and reviewed or revised as necessary. The Contract Manager will assist in resolving issues related to Inmate work assignments.

2. The Contractor shall train all Inmates assigned in the proper methods of safety and equipment operation. The Contractor shall document an Inmate’s training using

Department Form DC2-569, Inmate Safety Training Documentation, and shall maintain such documentation at the Service Location for all Inmates assigned to work. The Contractor shall not permit an inmate to perform any work without proper safety training or equipment.

3. The Contractor may request the Warden remove any Inmate from his work assignment. The Warden will review the request and approve or reject the request within seven (7) Days.

4. The Contractor shall ensure its staff adhere to all Department policies and procedures regarding transportation, security, custody, and control of Inmates.

5. Neither the Contractor nor the Department shall assign any Inmate to a position requiring the supervision of another Inmate.

6. The Contractor shall complete the Department’s monthly performance evaluation form for each Inmate assigned to work. The Contractor shall submit the completed monthly performance evaluation forms to the Service Location’s classification office, in a manner prescribed by the classification office, by the 10th Day of each month.

7. The Contractor shall develop, implement, and manage a system for tracking and ensuring a timely response to all Inmate grievances, inquiries, and complaints and individuals inquiring on their behalf (family members, personal representatives, elected officials, the Executive Office of the Governor, etc.). The Contractor shall respond to grievances utilizing the Department’s Form DC6-236 and in strict compliance with current laws, rules, regulations, and procedures. The Contractor shall develop timeframes for dispute resolution, which must be approved in writing by the Contract Manager.

8. The Contractor’s staff shall report incidents per Department Procedure 602.008, Incident Reports, Institutions. The Contractor’s staff shall complete a statement of the circumstances and details of any incident witnessed or otherwise requires escalation, pertaining to an unusual or suspicious event involving an Inmate, employee, or member of the public as soon as possible and no later than the end of their shift. The Contractor’s staff will complete and legibly sign the incident report

(Form DC6-210) using their full name. If the Contractor’s staff is unsure whether an incident warrants completion of an incident report, they shall notify their immediate supervisor. The Contractor’s staff shall also notify the Regional Maintenance Monitor of the incident prior to the completion of the incident report(s). The Regional

Maintenance Monitor will determine which employees will prepare incident reports if numerous employees or contractors witness the same incident. Contractor staff who witness the abuse of an Inmate may file a Form DC6-210A, as established in Rule

33-602.210, F.A.C., without prior notification to the Regional Maintenance Monitor.

H. Security Requirements

1. The Contractor’s employees shall not be allowed entry to any FDC facility to perform services until a criminal background investigation has been completed and approved by the Department. Failure of the Contractor to comply with FDC policies and procedures regarding background checks, incident reporting, reporting of staff arrests, and investigations may result in termination of the Contract.

2. Pre-employment drug testing is required on all applicants who have been offered employment. The Contractor shall use a certified laboratory from the approved list provided by the Department. The Contractor is responsible for all costs associated with drug testing. The Contractor shall submit the drug test results of all applicants to the Warden.

3. Initial and continued employment of the Contractor’s staff shall be subject to approval of the Department’s Administration (Warden or Central Office Facilities Staff). The

Department reserves the right to require the Contractor to remove any employee the

Warden or designee feels to be a threat to the health or safety of staff and inmates, the security of the FDC facility, or the quality of the service provided by the

Contractor.

4. The Contractor shall obtain the Warden's approval before making offers of employment to any facility staff. The Contractor shall furnish the Department with the name, address, social security number, date of birth, and position of each prospective employee for background checks. The Contractor shall supply the

Human Resource Officer with the names and positions of all employees hired or terminated and the effective dates of such actions.

5. The Contractor and all staff shall attend orientation Phase I and Phase II Institutional

Security training. Training will be held at the applicable FDC facility. In addition, an annual in-service training program shall be completed in compliance with ACA standards. Orientation and in-service training shall be at the Contractor’s expense.

6. The Contractor shall adhere to the Department’s Procedure FDC 602.037, Tool and

Sensitive Item Control. All tool use shall comply with FDC procedures for checkout, inventory, and marking. Any missing tool shall be reported to security immediately.

7. The Contractor shall submit to random drug testing. All Contract staff shall be subject to post-accident drug testing, and where reasonable suspicion exists that the terms of the Drug-Free Workplace clause have been violated. The Contractor shall reimburse the Department for any expenses for administering drug testing.

8. The Contractor shall agree to cooperate with all FDC security policies and procedures and with all facility Institutional investigations required by the

Department. All Department staff conducting such investigations will be provided unimpeded access to the facility, facility grounds, and property, staff, and inmates.

The Contractor shall require all employees to sign a pre-employment agreement indicating they understand and agree to cooperate with investigations when ordered to do so by the Department.

9. The Contractor shall implement written procedures, subject to the Department’s approval, requiring all staff who have been arrested for any offense to report their arrest to their immediate supervisor and to the Department as required by FDC

Policy.

10. The Contractor shall be responsible for ensuring that all personnel, equipment, tools, supplies, and materials comply with all rules, regulations, and procedures of the

Department and the individual facility. Questions should be addressed to the

Contract Administrator, Assistant Warden, or a member of the administrative staff at each facility. The individual facility’s rules, regulations, and procedures governing the entry and conduct of the Contractor’s staff will be made available and explained at the point of entry. The Department reserves the right to deny entrance to anyone who is suspected of a breach of security or for failure to follow published rules, regulations, or procedures, including all FDC entry and exit procedures.

11. All personnel entering a Correctional Institution shall be subject to a search of their person and personal items. Such searches may include but are not limited to, frisk searches, searches by metal detectors, or searches by narcotics detection canines.

In addition, all equipment, tools, supplies, and materials will be subject to search or inventory at any time. Tools and materials must be carefully controlled at all times and locked up when not in use. All ladders and movable lift equipment must be closely supervised when in use and brought out of the security compound when not in use. Tools shall be marked and rated according to FDC classes, such as AA, A, B, C, etc., to identify the security threat of the tool. Supervision and security of tools shall be governed by the FDC rules applying to tool rating. Tool rating and tool marking procedures must be followed, such as permanent marking of numbers on tools as well as the paint scheme for the particular area.

12. Any attempt to introduce contraband, to assist in escape, or to initiate unauthorized contact with inmates is prohibited and will be prosecuted under the provisions of the

Florida Statutes. The Contractor’s staff are prohibited from bringing any items in or out of the institution unless specifically approved. Any interaction between the

Contractor’s staff and an Inmate that assists the prisoner to escape is a felony and will be prosecuted. The Contractor’s staff may not deliver, receive, or otherwise transfer any item to or from an inmate without the express permission of the Warden, Superintendent, or designee.

13. The Contractor’s staff are limited to movement to, from, and within their assigned work area. Contact with inmates shall only be conducted in a professional manner and in accordance with all applicable FDC Policies.

14. No person who appears to be under the influence of drugs or alcohol will be allowed entry into an FDC facility.

15. Institutional identification (ID) cards will be provided for the Contractor’s staff. ID cards must be worn at all times when inside the security perimeter. ID cards shall be returned to the Department when the Contractor’s staff ends employment or will no longer perform services for the Department. Any lost or stolen ID Cards will be reported to the facility’s Security Staff immediately.

16. Cell phones or any other communication devices are not permitted inside the institution unless approved by the Warden or designee. It is standard operating procedure for the Maintenance Supervisor to have a preapproved cell phone for use at the facility. All other private phones must remain in a locked vehicle.

17. Any mail or packages received at the facility will be processed by the receiving warehouse and searched prior to being brought inside the security perimeter and delivered to the Contractor.

18. Vehicles or motorized equipment may not be entered inside the security perimeter unless approved by the Warden or designee on a case-by-case basis. Any vehicle left unattended must be locked and the keys removed, or otherwise rendered inoperable. No vehicle is permitted to leave the perimeter until an institutional count has been completed. Count times will vary.

I. Facility Requirements

The Contractor shall perform the following activities:

1. Operate, maintain, monitor, and adjust the Day-to-Day operations of all mechanical, electrical, plumbing, and building systems. The Contractor shall develop and implement, subject to the Department’s approval, an effective, consistent, and documented preventive maintenance program that targets system performance, life cycle, cost, energy consumption, and safety.

2. Ensure the integrity of each facility’s buildings and systems and coordinate with the

Facility Maintenance Monitor.

3. Provide engineering management and technical expertise in accordance with the

State of Florida, Department of General Services’ Construction Professional

Services Manual (CPSM) to protect the Department’s capital investments and maintain interior and exterior equipment and spaces, including, but not limited to:

a. Participate in strategic planning and budgeting sessions;

b. Evaluate infrastructure needs;

c. Provide an inventory of all plant equipment and systems as required to maintain

AiMs;

d. Develop maintenance operations manuals and procedures;

e. Develop a quality control program;

f. Work and coordinate with outside contractors and consultants hired by the

Department for facility improvements, additions, upgrades, building retrofits, and studies;

g. Evaluate and monitor roof integrity and waterproofing;

h. Monitor regulatory compliance as it pertains to maintenance;

i. Monitor underground storage tanks;

j. Monitor lightning protection needs and effectiveness;

k. Monitor insulation needs and effectiveness; and

l. Monitor ceilings, floors, sub-floors, framing, ceiling tiles, floor tiles, and floor coverings.

4. Provide tools, consumables, and supplies in accordance with FDC Procedure 602.037, not exceeding $50,000.00 per month. The Contractor shall not be responsible for providing gasoline. The Department will provide all gasoline as needed for maintenance operations.

J. Work Orders, Trouble Calls and Repairs (Normal Business Hours):

1. Repairs shall consist of identifying what keeps an asset from operating properly, correcting or replacing defective components to make it operate correctly, and verifying the asset is performing properly after the repair. The Contractor may perform repairs on-site, or equipment may be sent off-site to independent sources for repair at the Contractor’s cost. The Contractor shall provide, install, and maintain substitutes for unavailable equipment to minimize impact on users.

2. The Contractor shall maintain records on all repairs through the AiMS and review such historical data to recommend whether the equipment should be repaired or replaced. All equipment repairs and replacements must have prior approval by the

3. The Contractor shall receive, record, and respond to all trouble calls and other user requests relating to facility services and shall perform all repairs and other work needed to resolve the problems and prevent recurrence in a timely manner.

4. The Contractor shall respond promptly to user requests for maintenance services such as but not limited to too “hot/cold” temperature complaints, minor building maintenance, minor repairs, lamp replacement, clogged drain lines, and other miscellaneous services related to customer comfort.

5. The Contractor shall be responsible for payment of all supplies, materials, and parts up to $5,000.00 maximum per corrective repair job. The Contractor’s total obligation for those costs shall not exceed $50,000.00 per month. In the event a corrective repair job is anticipated to exceed the maximum for supplies, materials, and parts, the Contractor shall submit a work order number to the FMBC delegate for advance approval before procuring the supplies, materials, and parts. The Contractor shall provide the Department with a breakdown of the cost of supplies, materials, and parts on a per-work order basis on each invoice, with details as needed for FMBC to establish need and urgency.

6. All routine work orders shall be completed within two (2) weeks or less or within a timeframe mutually agreed upon between the Contractor and the Department.

7. Work orders identified as urgent by the Department shall be completed in three (3) days or less or a timeframe mutually agreed upon between the Contractor and the

8. The Contractor is expected to perform all corrective repairs during Business Hours unless the Warden or designee directs the Contractor to perform work outside of normal business hours.

K. Emergency Requests and Repairs Occurring After-Hours:

1. The Contractor shall develop, implement, and maintain a process for responding to

“after-hours” and “emergency” requests and repairs on an occurring basis. The process the Contractor implements shall provide for response to work orders and requests on a 24-hour, seven (7) Day a week basis and will allow the facility to communicate directly with the Contractor.

2. “After-hours” is defined as occurring outside normal Business Hours.

3. “Emergency” requests are defined as repairs or requests of such an urgent or important nature that delaying the request may cause undue harm to individuals or building systems or seriously impact business operations, as outlined in FDC Procedures. Examples of emergency repairs include but are not limited to busted water lines, sewer clogs or overflows, power outages, generator failures, or other circumstances deemed by the Warden to negatively affect facility operations, cause an evacuation, or as described in the Department’s operating procedures. The Department maintains the sole authority to deem a request an emergency and require the Contractor to report after-hours to provide repairs.

4. The Contractor shall provide emergency coverage and report to the FDC facility 24-hours a day, seven (7) Days a week when notified of an emergency repair or request.

The Contractor shall respond according to the response times listed below. In case of an emergency request, the Contractor shall provide additional staff, resources, or equipment as needed.

5. Emergency work requests or work orders shall be resolved within 24 hours or a timeframe mutually agreed upon between the Contractor and the Department.

6. The Contractor shall not conduct emergency work after-hours without the express approval of the Department. The Department will not compensate the Contractor for emergency after-hours work performed without Department approval.

7. The Contractor shall respond to emergency requests from the Department in the timeframes specified below:

8.

Type of Emergency Service

RESPONSE TIME:

Business Hours

RESPONSE TIME:

After-Hours Emergency Repairs

Emergency Generator

10 minutes 60 minutes

HVAC 30 minutes 60 minutes

Fire Alarm 30 minutes 60 minutes

Fire Sprinkler 30 minutes 60 minutes

Electrical Systems 30 minutes 60 minutes

Security Systems 10 minutes 60 minutes

Perimeter Lighting 10 minutes 60 minutes

Plumbing and Sewer 30 minutes 60 minutes

Liquid Propane Distribution and

Combustion Systems 10 minutes 60 minutes

Building Envelope and Structure

30 minutes 60 minutes

All Other Services 30 minutes 60 minutes

L. Storage Space:

The Department will provide adequate storage space for equipment, tools, materials, supplies, and cleaning supplies in the form of existing maintenance and storage space at each facility.

M. Tool and Key Control:

1. FDC Facilities operate a central tool control. The Contractor shall be responsible for daily, weekly, and quarterly tool accountability and reporting for tools in their care and custody.

2. All tools must have etched serial numbers. New tools purchased will be pre-approved by the Institution’s Colonel and given to the tool control officer for marking before use.

3. All tools must be stored in accordance with FDC and ACA Standards and

Policies at all times, hung on shadow boards, and locked in lock boxes.

4. The Contractor shall abide by all FDC tool and key control policies and procedures.

5. The Contractor may use Department tools located at the Service Location.

The Department will take inventory of all tools before the Contract start date.

The Contractor shall not remove any Department tools from the institution without the Department’s written approval. Upon expiration of the Contract, the Department will again take inventory of the tools. All tools shall be in good working condition with normal wear and tear accepted. The Contractor shall be responsible for the replacement of tools that are broken or made unusable during the term of the Contract regardless of cause. Replacement tools shall be from the same manufacturer, make, or model as the broken or unusable tool unless the Warden, or designee approves an equivalent substitution. In the event a manufacturer discontinues a tool make or model, the Contractor shall obtain approval from the Warden or designee for the proposed replacement tool. At the end of the contract, tools purchased during the

Contract term become the property of the Department.

6. The Contractor is responsible for the full cost of any tool not in inventory and required to complete the work described in the work order and the replacement of any tool in the inventory at the start of the Contract not found in the inventory at the time of Contract expiration or termination.

7. The Contractor shall not dispose of FDC equipment or tools. The Contractor shall notify the Department in writing of all equipment or tools ready for disposal. The Department will dispose of FDC equipment and tools according to FDC policies and procedures.

N. Hazardous Materials:

The Contractor shall maintain on each site a current hard copy record set of material safety data sheets (MSDS) for all items that pose a physical or health hazard. The Contractor shall be responsible for following all OSHA regulations in using and handling all hazardous materials. Inventories of all Hazardous, Flammable, and Poisonous materials shall be maintained in accordance with Tool and Sensitive Item Control Section 12, (a)-(h) without exception.

O. Asset Information Management System (AiMs):

1. The Contractor shall operate AiMs, which has the capability to perform the following at each facility: organize and track inventory, manage equipment costs, track equipment history, schedule preventive maintenance tasks, maintain labor records, allocate resources, generate work orders, requisition and purchase parts, and project equipment failure. All work requests must be accepted and assigned within 48 hours unless it is deemed urgent by the facility administration. The Department will conduct quarterly maintenance inspections, and deficiencies will be noted in its reports. These deficiencies will be noted in AiMS and corrected by the Contractor within 30 Days.

2. The Contractor shall operate AiMS and produce the following reports at a minimum: asset reports, equipment reports, labor reports, purchasing reports, scheduling reports, statistical predictive maintenance reports, work request reports, and work order reports. The format of the reports shall be approved by the Department.

3. The Contractor shall ensure when a numbered asset is serviced, that the asset tag number is included in the work order in accordance with Department procedures.

4. The Contractor shall ensure work orders that have not been completed are not closed until the work has been performed and the job has been completed, and a brief description, date, and what was done when closing the work order for future reference.

5. The Department will supply all hardware and software and provide all training and technical support for the AiMS for the term of the Contract.

6. The Department and the Contractor will have direct, real-time access to AiMs data of all contracted facilities through the Internet or a secured intranet application. The Department’s Contract Administrator and the Contractor will be able to obtain detailed and current information relating to the performance and condition of building systems, scheduled work, costs, and equipment repair histories. AiMs will allow the Department’s Contract Administrator and the Contractor to search data by field, generate automated reports, perform other analyses, and conduct performance audits.

7. At the end of the Contract term, AiMs, including all hardware, software, software licenses, associated networking equipment, and historical data, will remain at the applicable FDC facility.

P. Materials, Spare Parts, Consumables:

1. The Department and Contractor will take an inventory of all materials, spare parts, & consumables (i.e., blades, discs, bits, etc.) prior to the contract start date. The Contractor shall assume responsibility for the current materials and supplies inventory at the time of contract award. Upon execution of the

Contract, the Contractor shall utilize any materials and supplies in inventory that are currently owned by the Department until the stock is depleted. The

Contractor shall pay the Department the amount paid for the materials and supplies when originally purchased by the Department or replace them. The

Contractor’s consumables and materials will be kept separate from facility materials to avoid the usage of Contractor-purchased materials in non-maintenance-related activities by the Department.

2. The Contractor shall be responsible for ordering and providing preventive maintenance materials, parts, supplies, tools, and consumables up to a total of $50,000.00 per month.

3. Critical spare parts are those necessary to ensure continuous operation and facility reliability. Upon execution of the Contract, the Contractor shall recommend items and stock levels of critical spares. Upon written approval from the Department, the Contractor shall stock critical spare parts at the quantities approved.

4. The Contractor shall be responsible for ensuring that consumable parts and materials are available to ensure the Contractor is able to complete work within the required timeframes. Onsite inventory of consumable parts is not required provided the Contractor can service the items timely. Consumable parts and materials include parts utilized in the operation and maintenance of building systems but are not considered to be critical.

5. The Contractor shall administer and manage all warranties and manufacturer service contracts relating to equipment or parts used in the Department’s building systems under its control.

6. The Contractor shall coordinate, supervise, and inspect all work performed under the Contract and shall ensure service personnel adhere to appropriate procedures, conduct, and standards while on-site.

7. The Contractor shall be financially responsible for and shall provide all on-site office supplies. The Department shall provide personal computer (PC) equipment and office phones necessary for operations and used for business only in the performance of maintenance functions. Use of PC and equipment office phones will be subject to all applicable Department guidelines and policies and limited to use as needed to perform maintenance services. Under no circumstance will inmates be given any type of access to any PC or phone device at any time. Offices and other spaces containing PCs or phone devices must be kept in a constant locked state and never left unattended when unlocked.

Q. Kitchen Equipment:

1. The Food Services Contractor shall perform preventive and repair maintenance on all kitchen equipment including, but not limited to, ranges, ovens, convection ovens, microwave ovens, fryers, stoves, griddles, char broilers, grills, steamers, toasters, blenders, mixers, grinders, ventilation systems, vent hoods, refrigerators, freezers, coolers, ice machines, steam tables, coffee brewers, and dishwashers per FDC Contract C3021 and all amendments.

2. The Contractor shall periodically evaluate the operation, cleaning, and preventive maintenance of the Food Service Contractor. Deficiencies shall be reported directly to FDC.

3. The Contractor shall respond to kitchen equipment-related failures.

4. The Contractor shall evaluate required repair and develop plan with the

Department and the Food Service Contractor to restore equipment to operation.

5. If repair can be accomplished within the available skill sets and labor hours of the on-site staff, the Contractor shall perform the repair.

6. The Contractor shall not bear any costs for parts or material related to repair and maintenance of food service equipment.

7. Specialty contractors required to repair equipment shall be the responsibility of the Food Service Contractor or the Department.

R. Laundry Equipment:

1. The Contractor shall perform preventive and repair maintenance on all on laundry equipment.

2. The Contractor shall not be responsible for laundry dispensing systems, laundry chemicals or detergents.

3. The Department is responsible for lint trap cleaning in dryers.

S. Security and Closed-Circuit Television Equipment (CCTV):

1. The Contractor shall perform preventive maintenance and repair on all security systems equipment to include, interior and exterior locking control systems, security fencing, gate operators, gate locks, CCTV equipment, CCTV head-end equipment, cameras, monitors, control panels, and intercom systems.

2. Access control systems, lock cylinders (including pinning and replacement), keying systems, and key cutting will be the responsibility of the Department.

3. The Contractor shall respond to security and CCTV equipment-related failures.

T. Short- and Long-Range Maintenance Planning:

1. The Contractor shall develop a maintenance strategy and program based on the Department’s performance requirements and standards and the criticality of applications supported by building systems. This includes developing both short-term and long-term maintenance plans in a format approved by the

Department.

2. The Contractor shall develop the maintenance strategy and program by working with FDC management to create supporting budgets. The maintenance plans shall include both preventive maintenance and capital spending.

3. The Contractor shall make recommendations on capital spending based on a clear system performance and least maintenance life cycle cost basis.

4. The Contractor shall identify options, prepare analyses, provide expertise, and make recommendations relating to new maintenance procedures, new building system technologies, equipment overhauls, replace versus buy decisions, installation of new equipment, and disposal of obsolete equipment.

Recommendations will draw on industry best practices, new technology developments, and the Contractor’s experience.

5. The Contractor shall develop reports relating to comprehensive planning, scheduling, and work control procedures and submit recommendations to

FMBC in a format approved by the Department within 120 Days after Contract execution.

U. Performance Monitoring and Reporting:

The Contractor shall develop a performance measurement reporting system approved by the Department that will furnish performance feedback on critical systems, compliance, safety, efficiency, budgetary variance, schedule variance, customer satisfaction, productivity, quality, workload management, and other issues deemed important. FDC facilities shall be audited quarterly by various departments, such as FMBC and Security Operations. The Contractor must participate openly in these audits, which are used to determine whether procedures and safety practices are being adhered to by the Contractor.

The Contractor must achieve the following ratings during these audits.

Priority Level 1: Life, Health, and Safety – Audit completion requirement: 100% Priority Leve II: Regulatory Compliance – Audit completion requirement: 95% Priority Level III: FDC unique facility needs – Audit completion requirement 90%

1. By the end of the first year, the Contractor shall present performance trends, explain progress on key dimensions, and proactively suggest strategies and tactics to continuously improve maintenance performance, cost structure, and customer satisfaction with overall facilities services.

2. The Contractor shall develop checklists approved by the Department for completing regular building rounds and inspections. These rounds shall include surveying items crucial to the reliable performance of the facility infrastructure.

3. The Contractor shall operate in accordance with all applicable laws and policies, including but not limited to EPA, DEQ, and OSHA policies and procedures.

V. Utilities:

The Department will pay for facility utilities (i.e. water, electricity). The Contractor shall be responsible for reimbursing the Department monthly for long-distance phone calls over the voice-over IP phone system that are not deemed work-related.

W. Reporting on Progress:

Progress Reports shall be provided to the Department monthly and shall be submitted with invoices. The Department reserves the right for any Department staff to make any scheduled or unscheduled, announced, or unannounced monitoring or inspection visits. Specific monitoring terms, conditions, and schedules may be included with the statement of work.

V. Performance Measures and Financial Consequences

The Contractor agrees to the Department’s assessment of financial consequences, which are not intended to be a penalty but to incentivize the Contractor’s performance under the Contract.

The performance measures below list the key expectations most critical to the success of the Contract and the financial consequence the Department will assess if an expectation is not met. If the Contractor is unable to achieve a performance measure expectation because of unforeseen circumstances outside of its control, the Contractor may submit a written request, in advance, to the Contract Manager to waive the assessment of the associated financial consequence. The Contract Manager will then review the request to determine whether mitigating circumstances existed beyond the Contractor’s control. For the Department to approve the request, the Contractor must not have contributed to the failed expectation in any manner. The Department does not waive its ability to assess financial consequences by allowing the delivery of an item(s) or completion of services after the time allowed. Nothing in this section shall limit the Department’s right to pursue other remedies available at law or in equity. Financial Consequences shall not exceed the total amount of this Contract.

Performance Measures (PM)

No. Description Expectation Measureme nt Financial

Consequence

PM-001

All preventative and corrective facility maintenance services and routine work orders shall be completed within two (2) weeks or a mutually agreed-upon timeframe between the

Contractor and the Department.

Timely Delivery of Services

Per

Occurrence

The Department shall assess a financial consequence in the amount of $75.00 per Day for each Day services and work orders are completed beyond two (2) weeks or beyond the mutually agreed-upon timeframe between the Contractor and the Department.

PM-002

The Contractor shall respond promptly to all urgent maintenance service calls.

Repairs shall be completed within three (3) Days or a mutually agreed-upon timeframe between the

Contractor and the Department.

Timely Delivery of Services

Per

Occurrence

The Department shall assess a financial consequence in the amount of $150.00 per Day for each Day services and work orders are completed beyond three (3) Days or beyond the mutually agreed-upon timeframe between the Contractor and the Department.

PM-003

All after-hours emergency maintenance repairs shall be completed within 24 hours or a mutually agreed-upon timeframe between the Contractor and the Department.

Timely Delivery of Services

Per

Occurrence

The Department shall assess a financial consequence in the amount of $800.00 per Day for each Day emergency repairs are completed beyond 24 hours or beyond the mutually agreed-upon timeframe between the

Contractor and the Department.

PM-004

The Contractor shall respond promptly to all after-hours emergency maintenance service calls and provide repairs in accordance with Section IV, K. of this Contract.

Timely Delivery of Services

Per

Occurrence

The Department shall assess financial consequences in the amount of $25.00 per quarter (1/4) hour for each quarter (1/4) hour beyond the response time outlined in Section IV, K. of this

PM-005

The Contractor shall submit

Inmate performance evaluations to the Classification

Officer in accordance with Section IV, G,6.

of this Contract.

T…