CONTRACT BETWEEN THE DEPARTMENT OF CORRECTIONS AND ALERE TOXICOLOGY SERVICES, INC

Transcription

1 CONTRACT BETWEEN THE DEPARTMENT OF CORRECTIONS AND ALERE TOXICOLOGY SERVICES, INC This Contract is between the Florida Department of Corrections ("Department") and Alere Toxicology Services, Inc. ("Contractor") which are the parties hereto. WITNESSETH Whereas, the Department has supervisory and protective care, custody, and control of the inmates, buildings, grounds, property, and all other matters pertaining to facilities and programs for the imprisonment, correction, and rehabilitation of adult offenders in accordance with Section , Florida Statutes; Whereas, it is necessary that budget resources be allocated effectively; Whereas, this Contract is entered into pursuant to RFP# 11-DC-8161 authorized pursuant to Section (1)(b),Florida Statutes; and Whereas, the Contractor is a qualified and willing participant with the Department to provide laboratory drug testing services for offenders on community supervision, and for inmates currently incarcerated when an initial on-site drug testing result is challenged by an inmate. Therefore, in consideration of the mutual benefits to be derived hereby, the Department and the Contractor do hereby agree as follows: I. CONTRACT TERM AND RENEWAL A. Contract Term This Contract shall begin on January 1, 2012, or the date on which it is signed by both parties, whichever is later, and shall end at midnight on December 31, In the event this Contract is signed by the parties on different dates, the latter date shall control. This Contract is in its initial term. B. Contract Renewal The Department has the option to renew this Contract for one additional two (2) year period after the initial Contract period upon the same terms and conditions contained herein. Exercise of the renewal option is at the Department s sole discretion and shall be conditioned, at a minimum, on the Contractor s performance of this Contract and subject to the availability of funds. The Department, if it desires to exercise its renewal option, will provide written notice to the Contractor no later than thirty (30) days prior to the Contract expiration date. The renewal term shall be considered separate and shall require exercise of the renewal option should the Department choose to renew this Contract. Page 1 of 52

2 II. SCOPE OF SERVICE A. General Description of Services Upon request, the Contractor shall provide laboratory drug testing services for offenders and inmates to determine the presence of alcohol and/or controlled substances, including Immunoassay Test and Gas Chromatography/Mass Spectrometry (GC/MS). Services shall include the provision of all necessary supplies, transportation, and handling of specimens, confirmation testing and reporting as further delineated herein. B. Rules, Regulations and Governance 1. The Contractor shall provide all services in accordance with all applicable federal and state laws, rules and regulations, and Department of Corrections rules and procedures. All such laws, rules and regulations, current and/or as revised, are incorporated herein by reference and made a part of this Contract. The Contractor and the Department shall work cooperatively to ensure service delivery in complete compliance with all such rules and regulations. 2. The Contractor shall ensure that all Contractor s staff providing services under this Contract complies with prevailing ethical and professional standards, and the statutes, rules, procedures and regulations mentioned above. 3. Should any of the above laws, standards, rules or regulations, Department procedures, or directives change during the course of this Contract term, the updated version will take precedence. 4. 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, maintained on site and a copy submitted to the Contract Manager or designee upon request. 5. The Contractor shall comply with the provisions of the Americans with Disabilities Act. This includes provisions referencing both employment and public service agencies (Titles I and II), as well as any other applicable provision. C. Definition of Service Specific Terms 1. Chain-of-Custody: a legal term that refers to the procedure and policies that govern the collection, handling, storing and testing of urine samples, the dissemination of test results, and the retention of samples in a manner that ensures confidentiality and accuracy. 2. Confirmatory Test: a second test of the same urine specimen, independent of the initial test, made using a different technique and chemical principle to identify the presence of a specific drug or metabolite to ensure reliability and accuracy. All confirmatory tests contemplated by this contract shall be by Gas Chromatography/Mass Spectrometry (GC/MS). 3. Diluted Specimen: a specimen for which the creatinine concentration and specific gravity values are below the range of normal human urine. Page 2 of 52

3 4. Negative Test Result: a finding which indicates that the urine sample contains a concentration below the established Threshold Levels listed in Section II., H., 2., f. 5. Positive Test Result: a finding which indicates that the urine sample contains a concentration equal to or greater than the established Threshold Levels listed in Section II., H., 2., f. 6. Rejected Specimen: a specimen that fails to meet the standards set forth by the laboratory s Quality Assurance Program, for which urinalysis can not be performed by the laboratory. Rejected specimen may include, but is not limited to, missing chain-of-custody form, quantity not sufficient for analysis, no donor s signature, sample leaked during transit, or sample bottle seal is missing. 7. Specimen Validity: the evaluation of the specimen to determine if it is consistent with normal human urine. 8. Threshold Levels: the concentration of a drug in the urine used to determine whether the test will be considered positive or negative as per the Threshold Levels listed in Section II., H., 2., f. 9. Urine Sample: a quantity of urine of at least thirty (30) ml. supplied at one time, sufficient to permit analysis by an authorized laboratory. D. Communications 1. Contract communications will be in three (3) forms: routine, informal and formal. For the purposes of this Contract, the following definitions shall apply: Routine: Informal: Formal: All normal written communications generated by either party relating to service delivery. Routine communications must be acknowledged or answered within thirty (30) calendar days of receipt. Special written communications deemed necessary based upon either Contract compliance or quality of service issues. Must be acknowledged or responded to within fifteen (15) calendar days of receipt. Same as informal but more limited in nature and usually reserved for significant issues such as Breach of Contract, failure to provide satisfactory performance, imposition of liquidated damages, or Contract termination. Formal communications shall also include requests for changes in the scope of the Contract and billing adjustments. Must be acknowledged upon receipt and responded to within seven (7) calendar days of receipt. The Contractor shall respond to all communications by facsimile, , or hard copy mail. The Contract Manager will utilize a date/numbering system for tracking formal communications. 2. The only personnel authorized to use formal contract communications are the Department s applicable Contract Managers, Contract Administrator, Director of Reentry, and the Contractor s CEO or Project Manager. Designees or other persons Page 3 of 52

4 authorized to utilize formal contract communications must be agreed upon by both parties and identified in writing within ten (10) days of execution of the Contract. Notification of any subsequent changes must be provided in writing prior to issuance of any formal communication from the changed designee or authorized representative. 3. In addition to the personnel named under Formal Contract Communications, personnel authorized to use Informal Contract Communications include any other persons so designated in writing by the parties. 4. In addition to the Contract communications noted in Section II., D., if there is an urgent administrative problem the Department shall make contact with the Contractor and the Contractor shall orally respond to the Contract Manager or Contractor s designee, within two (2) hours. If a non-urgent administrative problem occurs, the Department will make contact with the Contractor and the Contractor shall orally respond to the Contract Manager within forty eight (48) hours. The Contractor or Contractor s designee at each institution shall respond to inquiries from the Department by providing all information or records that the Department deems necessary to respond to inquiries, complaints or grievances from or about inmates within three (3) working days of receipt of the request. The Contract Manager shall be copied on all such correspondence. E. Laboratory Certification Requirements 1. The Contractor s laboratory shall be certified by the Substance Abuse Mental Health Services Administration (SAMHSA). The Contractor shall maintain a physical facility or facilities that meets all applicable federal, state and local regulations (e.g. building codes) and shall pay all costs associated with local, state, and federal licenses, permits, certification(s), and inspection fees required to operate a laboratory. The Contractor shall maintain certification and annually provide a copy of SAMHSA certification to the Contract Manager. 2. The Contractor s laboratory shall be a participant in the national proficiency program operated by SAMHSA. F. Service Locations The Department reserves the right to add or delete service locations. Servicing areas for delivery of drug testing supplies and specimen pickup for offenders on community supervision are delineated in ATTACHMENT 1, COMMUNITY SUPERVISION DELIVERY SITES. Institutions requiring specimen pickup for inmates incarcerated are delineated in ATTACHMENT 2, INSTITUTION SPECIMEN PICKUP SITES. Any revision or update to service locations for specimen pick-up shall be valid upon thirty (30) days written notice from the Contract Manager or Local Contract Coordinator. G. Supplies Within ten (10) business days of a request from the Department, the Contractor shall provide the following supplies: 1. Chain of Custody forms for each specimen. The Contractor s chain of custody form shall contain a box that includes the option of performing a GC/MS confirmation on positive results; 2. Specimen collection bottles that are leak resistant, which include temperature strips and screw on lids; Page 4 of 52

5 3. Seals, which completely secure the bottle holding the urine specimen so as to prevent tampering of specimen and preserve the chain of custody; 4. Appropriate packaging with sealable bags and/or boxes of sufficient quality to ensure specimens are maintained intact to prevent leakage, as well as all associated supplies for shipment of laboratory specimens including, but not limited to, pre-pasted mailing and barcode labels, transmittal/tracking documents and pre-printed forms; and 5. Instructional Materials. H. Contractor Service Tasks 1. Sample Collection/Transportation a. Department staff will be responsible for collecting, preparing, and packaging urine specimens for transport to the Contractor for testing for all service locations. The Department shall notify the express courier service when specimens are ready for pick-up. b. The Contractor shall be responsible for a courier service that provides for specimen transport within 48 hours of collection, excluding weekends and holidays, at the Contractor s expense. The Contractor shall ensure that the courier service provides a numbered, transmittal/tracking document which will verify each shipment s pickup and delivery dates, times and authorized staff signature. c. The Contractor shall maintain strict chain of custody procedures to ensure that the results are correctly matched to the person who provided the specimen and transfer all specimens in a manner to preserve the chain of custody. d. The Contractor shall provide written instructions of the shipping process and tracking system, including how to access the tracking system, to Department service locations. 2. Urine Drug Tests a. Specimen Validity Testing: The Contractor shall perform at no additional charge a specimen validity test on every urine specimen to assess the integrity of the specimen that was provided. The specimen validity test shall be performed and abnormal results shall be defined as either, diluted, adulterated, and/or substituted as recommended by the Substance Abuse Mental Health Services Administration. The specimen validity test must include, at a minimum, the creatinine concentration, specific gravity and ph level. All adulterated and diluted specimens shall be screened and the Contractor shall attempt to identify the adulterant. 1) Substituted: Creatinine < 2.0 Specific Gravity or ) Invalid: Creatinine < 2.0 Specific Gravity > and > Creatinine 2.0 Specific Gravity ph 3.0 but < 4.5 ph 9.0 but <11.0 Page 5 of 52

6 3) Adulterated: ph < 3.0 ph ) Dilute: Creatinine < 20 Specific Gravity < b. Initial Laboratory Testing: The Contractor shall perform initial tests using Immunoassay technologies to detect the following substances to the Threshold Levels designated in Section II., H., 2., f. 1) Alcohol 2) Amphetamines (Amphetamine/Methamphetamine) 3) Barbiturates (Butalbital, Amobarbital, Secobarbital, Pentobarbital, Phenobarbital) 4) Cannabis (Cannabinoids, THC) 5) Benzodiazepines(Oxazepam, Temazepam, alpha-hydroxyalprazolam, Lorazepam, Nordiazepam) 6) Cocaine ( Cocaine Metabolite) 7) Opiates (Codeine, Morphine, Hydrocodone, Hydromorphone, Oxycodone, Oxymorphone) 8) MDMA, MDA, MDEA 9) Methadone 10) PCP 11) Lyseric Acid Diethylamide (LSD) Requires Special Request/Approval 12) Gamma Hydroxybutric (GHB) Requires Special Request/Approval c. Confirmation Testing: The Contractor shall perform confirmation testing using Gas Chromatography/Mass Spectrometry (GC/MS). This testing will be conducted to the Threshold Levels designated in Section II., H., 2., f. Thin Layer Chromatography is not an acceptable testing method for confirmation. d. d/l Isomer Analysis of Methamphetamine: Upon request, specimens confirming positive using GC/MS for methamphetamine will be submitted to isomeric analysis with the ratio of d and 1-isomers reported. e. Special Testing: Upon request of the Department, the Contractor shall also perform special testing for the following substances, using an initial immunoassay screen with automatic confirmation by Gas Chromatography (GC) or Gas Chromatography/Mass Spectrometry (GC/MS): 1) Lysergic Acid Diethylamide (LSD) 2) Gamma Hydroxybutric Acid (GHB) 3) Steroids 4) 6-Acetymorphine (6-AM) Heroin metabolite 5) Synthetic drugs Any special tests will be conducted to the Threshold Levels designated in Section II., H., 2., f. f. Threshold Levels: The Contractor shall conduct a full screen testing to detect the following substances in urine at the threshold levels for Initial Laboratory Tests and Confirmation Tests as delineated below: Page 6 of 52

7 Drug Name Initial Test Confirmation Cocaine (cocaine and metabolites) 300 ng/ml 150 ng/ml Opiates (Codeine, Morphine, Hydrocodone, Hydromorphone, Oxycodone, Oxymorphone)) 300 ng/ml 150 ng/ml 6-Acetymorphine (6-AM) Heroin metabolite NA 10 ng/ml PCP (Phencyclidine) 25 ng/ml 25 ng/ml Amphetamines (Amphetamine, Methamphetamine) 1000 ng/ml 500 ng/ml Amphetamine 1000 ng/ml 500 ng/ml Methamphetamine 1000 ng/ml 500 ng/ml MDMA ( MDMA, MDA, MDEA) 500 ng/ml 250 ng/ml Cannabis (Cannabinoids, THC) 50 ng/ml 15 ng/ml Benzodiazepines (Oxazepam, Temazepam, alpha-hydroxyalprazolam, Lorazepam, Nordiazepam) Barbiturates (Butalbital, Amobarbital, Secobarbital, Pentobarbital, Phenobarbital) 200 or 300 ng/ml 200 or 300 ng/ml 150 ng/ml 150 ng/ml Alcohol.02% g/dl.02% g/dl Methadone 300 ng/ml 150 ng/ml Lyseric Acid Diethylamide (LSD) <or =0.5 ng/ml <or=1.0ng/ml Gamma Hydroxybutric (GHB) 10ug/ml 10ug/ml Anabolic Steroids NA pos/neg NOTE: Thresholds may change as standards in forensic testing advance and notification of change shall be by written notification (letter) from the Contract Manager. 3. Test Documentation and Results a. All results of the Initial Laboratory Test shall be reported within three (3) business days (approximately seventy-two (72) hours) after receipt of the specimen by the laboratory. All requests for special tests, confirmation testing, and any additional testing by the Department shall be reported within three (3) business days (approximately seventy-two (72) hours) after receipt of the Department s request by the Contractor. Exceptions to these timeframes are authorized as indicated below: 1) Results of special tests for Steroids shall be reported within ten (10) business days of request by the Department; Page 7 of 52

8 2) Results of special tests for Gamma Hydroxybutric Acid (GHB) shall be reported within four (4) business days of request by the Department; and 3) Results of any confirmation tests requested on specimens initially reported over thirty (30) days previous, (specimens from storage) shall be reported within five (5) business days of request by the Department. 4) Results of any synthetic drugs requested on specimens shall be agreed upon by the Department and the Contractor. If there are any exceptions to these timeframes the Contractor s Client Service and Support Department shall contact the Contract Manager or designee, within the three (3) business days of the turnaround time, and advise the Contract Manager/designee of the specific reason for delay as well as inform them when the results shall be reported. b. Written Notification on Individual Test Results: The Contractor shall submit written notification of all individual test results to the Probation Officer at the requesting service location by electronic transmission. Electronic transmission may include but is not limited to the following: facsimile, encrypted or other method such as web-based results reporting in a format that is suitable for confidential material. All test results must be reported accurately and within the required timeframes. All test results shall be reported individually by specimen. These results should include the following data: 1) Specimen Identification (including Offender Name, DC #, and barcode) 2) Probation Officer s Name 3) Date Specimen Collected by FDC 4) Specimen Collection Site at FDC 5) Date Specimen Received by Laboratory 6) Initial Screen Results and date reported by Laboratory 7) Initial Screen Threshold Level 8) Certification of Certifying Scientist of the Initial Screen 9) Confirmation and/or Special Test Results and date reported by Laboratory 10) Confirmation and/or Special Test Threshold Level 11) Confirmation Drug Concentration 12) Certification of Certifying Scientist of the Confirmation and/or Special Test 13) Rejected specimen and reason c. Database Submission of Results: The Contractor shall also provide all individual test results data electronically to the Department, by a method and in a format to be determined by the Contract Manager. The Contractor agrees to make any necessary modifications to their system to ensure that it is compatible with the Department s database and to ensure provision of data by the method and in the format required by the Department. Downloaded test results shall be submitted to or made retrievable by the Department within the required timeframes. Informational Purposes: The Department requires that the method of electronic data transfer occur via a secured means approved by the Department and in a format approved by the Department. The Department has accepted secured file transfer protocol and secured web services as methods of transport and has accepted formats Page 8 of 52

9 such as XML, Pipe-delimited, and HL7; furthermore, details are subject to the Department s approval and are subject to change by the Department. d. Secure Web Site: The Contractor shall provide a secure web site that is accessible to Department staff to track stages of the testing process of each specimen. The web site shall provide a high level of security and meet all federal laws and requirements in reporting drug test results via the Internet. The web site shall have a login and logoff system. The system login shall include the user ID, provide password protection, and maintain the required confidentiality of the drug testing process. The sign-off shall allow the user to sign off manually, and have an automatic log off system for periods of inactivity. 1) The web site shall provide access to test results by individual report that includes, but is not limited to the following specimen information: a) Specimen Identification (including Offender Name, DC #, and barcode) b) Probation Officer s Name c) Date Specimen Collected by FDC d) Specimen Collection Site at FDC e) Date Specimen Received by Laboratory f) Initial Screen Results and date reported by Laboratory g) Initial Screen Threshold Level h) Certification of Certifying Scientist of the Initial Screen i) Confirmation and/or Special Test Results and date reported by Laboratory j) Confirmation and/or Special Test Threshold Level k) Confirmation Drug Concentration l) Certification of Certifying Scientist of the Confirmation and/or Special Test m) Current status of the Specimen 2) The web site shall include a printable Chain of Custody form for each donor/offender. 3) The web site shall also provide access to statistical report data that shall include but not be limited to: a) Donor/offender s test history b) Summary of all pending specimen results c) Summary of all tests requested by the probation officer d) Account and sub-account summary reports by office location 4) As industry technology advances, the method of database submission and/or notification of results to the Department shall be modified, as necessary upon written request of the Contract Manager. 5) The Contractor shall keep all information and records obtained in the course of providing services confidential and shall follow disclosure provisions of applicable Federal and State statutes and regulations including the Health Insurance Portability and Accountability Act (HIPAA), if applicable. 6) The Contractor shall maintain proper documentation for quality control and assurance, which can be inspected by the Department at any time, on site, and with reasonable notice. Page 9 of 52

10 The drug testing data is co-owned by both the Department and the Contractor. The Contractor shall provide the Department any needed audit information that may be requested of it by any authority. 4. Expert Testimony a. The Contractor acknowledges testing services performed under this Contract are for criminal justice offenders on legal supervision and as such, the Contractor may receive written/verbal requests or legal subpoenas from the Circuit Court, State Attorney s Office, Public Defender s Office, Florida Parole Commission and/or other judicial entities to provide testimony regarding the testing services provided. The Contractor shall timely respond to such written/verbal requests or legal subpoenas. b. The Contractor shall ensure that qualified personnel are available to provide such expert testimony and that personnel responds timely and/or appears as stipulated in the request and/or subpoena. c. The Contractor shall maintain communication and work cooperatively with the Circuit Court, State Attorney s Office, Public Defender s Office, Florida Parole Commission and/or other judiciary entities in providing educational materials and/or instructions concerning laboratory performance in providing test results, and general testing methodology. d. The Contractor shall provide a central point of contact where Circuit Court, State Attorney s Office, Public Defender s Office, Florida Parole Commission and/or other judicial entities may request technical assistance on litigation issues and the methodology and accuracy of testing. e. The Department is not responsible for payment for any legal hearings attended or other appearances/services made by the Contractor, however, the Contractor agrees to the following when requested from other judicial entities: 1) telephone testimony will be provided upon request at a cost of one hundred dollars ($100.00) per request regardless of length of time involved; 2) litigation packages will be provided upon request at a cost of one hundred dollars ($100.00) each; and 3) video conferencing will be provided upon request at a cost of two hundred fifty dollars ($250.00) per request regardless of length of time involved. The Contractor reserves the right to bill the requesting authority for in-person expert witness testimony and fees. 5. Training Provided to Department Staff a. The Contractor shall provide initial training in at least two locations in each of the Department s regional areas of the state. Exact locations shall be mutually agreed upon by the Local Contract Coordinators and the Contractor. The Department reserves the right to add one additional training site location if deemed necessary. b. The Contractor shall provide initial and on-going training, written instructions and materials covering all aspects of the laboratory services specified herein, including but not limited to: 1) Specimen collection procedures; 2) Instructions and precautions for shipping and handling specimens, Page 10 of 52

11 3) Chain of custody documentation; 4) Explanation of forms and collection supplies; 5) Communication with the laboratory; 6) Results reporting and any other pertinent topics; 7) Expert testimony services. c. Initial training shall be face to face or web based and completed prior to the contract start date or within one hundred eighty (180) days thereafter. On-going training shall be provided upon request of the Department. The Department shall designate the employees to receive initial and/or on-going training. d. All training material provided by the Contractor shall be reviewed by the Contract Manager and shall be provided in sufficient quantities. I. Contractor s Requirements 1. Conduct and Safety Requirements When providing services to the inmate population or in a correctional setting, the Contractor s staff shall adhere to the standards of conduct prescribed in Chapter , Florida Administrative Code, and as prescribed in the Department s personnel policy and procedure guidelines, particularly rules of conduct, employee uniform and clothing requirements (as applicable), security procedures, and any other applicable rules, regulations, policies and procedures of the Department. In addition, the Contractor shall ensure that all staff adhere to the following requirements: a. The Contractor s staff shall not display favoritism to, or preferential treatment of, one inmate or group of inmates over another. b. The Contractor s staff shall not deal with any inmate except in a relationship that supports services under this Contract. Specifically, staff members must never accept for themselves or any member of their family, any personal (tangible or intangible) gift, favor, or service from an inmate or an inmate s family or close associate, no matter how trivial the gift or service may seem. The Contractor shall report to the Contract Manager any violations or attempted violation of these restrictions. In addition, no staff member shall give any gifts, favors or services to inmates, their family or close associates. c. The Contractor s staff shall not enter into any business relationship with inmates or their families (example selling, buying or trading personal property), or personally employ them in any capacity. d. The Contractor s staff shall not have outside contact (other than incidental contact) with an inmate being served or their family or close associates, except for those activities that are to be rendered under the Contract. e. The Contractor s staff shall not engage in any conduct which is criminal in nature or which would bring discredit upon the Contractor or the State. In providing services pursuant to this Contract, the Contractor shall ensure that its employees avoid both misconduct and the appearance of misconduct. Page 11 of 52

12 f. Any violation or attempted violation of the restrictions referred to in this section regarding employee conduct shall be reported by phone and in writing to the Contract Manager or their designee, including proposed action to be taken by the Contractor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the Contractor to appropriate action, up to and including termination of this Contract. g. The Contractor shall report any incident described above, or requiring investigation by the Contractor, in writing, to the Contract Manager or their designee within twenty four (24) hours, of the Contractor s knowledge of the incident. 2. Staff Levels and Qualifications a. The Contractor shall provide an adequate level of staffing for provision of the services outlined herein and shall ensure that staff providing services is highly trained and qualified. Additionally, the contractor shall liaise with and maintain a good working relationship with the judiciary, criminal justice system, DC staff, and the community if required to support the Contract. b. The Contractor shall NOT provide individuals possessing temporary work visas to fill positions under this scope of service. c. All contractor/subcontractor staff providing services under the Contract shall have the ability to understand and speak English to allow for effective communication between Contractor staff and Department staff and inmates. 3. Staff Background/Criminal Record Checks a. The Contractors staff assigned to this Contract shall be subject, at the Department s discretion and expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. This background check will be conducted by the Department and may occur or re-occur at any time during the Contract period. The Department has full discretion to require the Contractor to disqualify, prevent, or remove any staff from any work under the Contract. The use of criminal history records and information derived from such records checks are restricted pursuant to Section , F.S. The Department shall not disclose any information regarding the records check findings or criteria for disqualification or removal to the Contractor. The Department shall not confirm to the Contractor the existence or nonexistence of any criminal history record information. In order to carry out this records check, the Contractor shall provide, upon request, the following data for any individual Contractor or subcontractor s staff assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver s License Number and State of Issue. If requested, the Contractor s staff shall submit to fingerprinting by the Department of Corrections for submission to the Federal Bureau of Investigation (FBI). The Contractor shall not consider new employees to be on permanent status until a favorable report is received by the Department from the FBI. b. The Contractor shall ensure that the Contract Manager or designee is provided the information needed to have the NCIC/FCIC background check conducted prior to any new Contractor staff being hired or assigned to work under the contract. The Contractor shall not offer employment to any individual or assign any individual to Page 12 of 52

13 work under the contract, who has not had an NCIC/FCIC background check conducted. c. No person who has been barred from any Department institution or other facility shall provide services under this Contract. d. The Contractor shall not permit any individual to provide services under this Contract who is under supervision or jurisdiction of any parole, probation or correctional authority. The objective of this provision is to ensure that no employee of the Contractor, under any such legal constraint, has contact with or access to any records of Department of Corrections offenders and inmates. e. The Contractor shall disclose any business or personal relationship a Contractor s staff person or potential hiree may have with anyone presently incarcerated or under the supervision of the Florida Department of Corrections. f. The Contractor shall immediately report any new arrest, criminal charges or convictions of a current employee under this Contract. g. Note that a felony or first-degree misdemeanor conviction, a plea of guilty or nolo contendere to a felony or first-degree misdemeanor crime, or adjudication of guilt withheld to a felony or first-degree misdemeanor crime does not automatically bar the Contractor from hiring the proposed employee. However, the Department reserves the right to prior approval in such cases. Generally, two (2) years with no criminal history is preferred. The Contractor shall make full written report to the Contract Manager within three (3) calendar days whenever an employee has a criminal charge filed against them, or an arrest, or receives a Notice to Appear for violation of any criminal law involving a misdemeanor, or felony, or ordinance (except minor violations for which the fine or bond forfeiture is two hundred dollars ($200) or less) or when Contractor or Contractor s staff has knowledge of any violation of the laws, rules, directives or procedures of the Department. 4. Utilization of E-Verify As required by State of Florida Executive Order Number , the Contractor identified in this Contract is required to utilize the U.S. Department of Homeland Security s E-Verify system to verify employment eligibility of: all persons employed during the contract term by the Contractor to perform employment duties pursuant to the Contract, within Florida; and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the Department. ( Additionally, the Contractor shall include a provision in all subcontracts that requires all subcontractors to utilize the U.S. Department of Homeland Security s E-Verify system to verify employment eligibility of: all persons employed during the contract term by the Contractor to perform work or provide services pursuant to this Contract with the Department. J. Reporting Requirements 1. Upon request, the Contractor shall submit written reports. These reports shall be in a format to be approved by the Contract Manager. The Department reserves the right to Page 13 of 52

14 modify reporting requirements as necessary, upon thirty (30) days written notification to the Contractor. 2. Quality Assurance Review Report: This report shall be sorted by region, circuit, and service locations and shall provide statewide, region, circuit and service location totals. Upon request, the report shall include, but not be limited to the following: a. Specimen Identification (including Offender Name, DC #, and barcode) b. Probation Officer s Name c. Date Specimen Collected by FDC d. Site Specimen Collected at by FDC e. Date Specimen Received by Laboratory f. Initial Screen Results and Date Reported by Laboratory g. Initial Screen Threshold Level h. Confirmation and/or Special Test Results and date reported by Laboratory i. Confirmation and/or Special Test Threshold Level j. Confirmation Drug Concentration k. Turnaround time. 3. The report(s) shall also contain totals and percentages for the following: a. Specimen Status b. Class Analyte c. Validity Test and Abnormal Rate d. Turnaround e. Positive Rate f. Abnormal Rate Class of Analyte 4. All information and data on reports will remain the property of the Department and shall not be released to other agencies or individuals without prior written consent of the Department s Contract Manager. 5. The Contractor shall provide the Department ad hoc reports upon request of the Contract Manager. K. Performance Measures The Department desires to contract with a provider who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under this Contract. Therefore, the Department has developed the following Performance Measures which shall be used to measure Contractor s performance and delivery of services: Performance Outcomes and Standards Listed below are the key Performance Outcomes and Standards deemed most crucial to the success of the overall desired service delivery. The Contractor shall ensure that the stated performance outcomes and standards (level of achievement) are met. Performance shall be measured on an annual basis, beginning the first year after service has been implemented. Page 14 of 52

15 Performance Measure #1 Outcome: Measure: Standard: All results must be electronically transmitted by the contractor within 24 hours after completion of the analysis by the laboratory. Verify results are electronically transmitted by a generated report in a format approved by the department. Ninety-five percent (95%) of all test results to include urinalysis and confirmations must be electronically transmitted by the contractor within 24 hours to the Department after the completion of test results. Performance Measure #2 Outcome: Measure: Standard: Quality Assurance Review Reports shall be submitted and received by the Department within five (5) business days of receipt of written request. Compare the date the Department submitted a written request to the Contractor for a Quality Assurance Review Report to the date the Department received the report from the Contractor. Ninety-five percent (95%) of all written requests for Quality Assurance Review Reports as outlined in Section II., J., 2., shall be received by the Contract Manager or designee within five (5) business days. By execution of this Contract, the Contractor hereby acknowledges and agrees that its performance under the Contract shall meet the standards set forth above. Any failure by the Contractor to achieve any outcome and standard identified above may result in assessment of Liquidated Damages as provided in Section II., P. Any such assessment and/or subsequent payment thereof shall not affect the Contractor s obligation to provide services as required by this Contract. L. Monitoring and Evaluation Methodology 1. Monitoring of Performance Outcomes and Standards Inmate Drug Testing Program: the Department s Contract Manager and/or designee will monitor the Contractor's service delivery at each institutional/facility site to determine if the Contractor has achieved the required level of performance for the Performance Outcomes and Standards identified in Section II., K., on an annual basis, at a minimum. If the Department determines that the Contractor has failed the Performance Outcome and Standard, the Contractor will be sent a formal contract communication in accordance with Section II., D. Note: The Contractor shall correct all identified noncompliant service delivery related to failure to meet the Performance Outcomes and Standards within thirty (30) days of notice. Community Correction Drug Testing Program: The Department s Contract Manager and/or designee will monitor the Contractor's service delivery to determine if the Contractor has achieved the required level of performance for the Performance Outcomes and Standards identified in Section II., K., on an annual basis, at a minimum. If the Department determines that the Contractor has failed the Performance Outcome and Standard, the Contractor will be sent a formal Contract communication in accordance with Section II., D. Note: The Contractor shall correct all identified noncompliant service delivery related to failure to meet the Performance Outcomes and Standards within thirty (30) days of notice. Page 15 of 52

16 2. Monitoring Contract Requirements Monitoring for Contract Requirements shall be conducted on an annual basis, at a minimum. (Final Contract Monitoring will be developed by the Department in accordance with the requirements outlined in this contract.) If non-compliance issues are identified, the Department s Contract Manager or designee will provide a written monitoring report to the Contractor within 15 calendar days of the monitoring date. Non-compliance issues identified by the Contract Manager or designee will be identified in detail to provide opportunity for correction. Within thirty (30) days of receipt of the Department s monitoring report, the Contractor shall provide a formal Corrective Action Plan (CAP) in response to all noted deficiencies to include responsible individuals and required time frames for achieving compliance. The Contract Manager and/or designee or other designated Department staff members may conduct follow-up monitoring reviews at any time to determine compliance based upon the submitted CAP. The Department reserves the right for any Department staff to make scheduled or unscheduled, announced or unannounced monitoring visits. During follow-up monitoring, any failure by the Contractor to correct noted deficiencies identified in the monitoring report within the time frame specified in the CAP may result in determination of Breach of Contract, and/or termination of the Contract in accordance with Section VI., TERMINATION. 3. Repeated Instances of Failure M. Deliverables Repeated failure to meet either the Performance Outcomes and Standards or Other Contract Requirements or to correct deficiencies, may result in determination of Breach of Contract, and/or termination of the Contract in accordance with Section VI., TERMINATION. The following services or service tasks are identified as deliverables for the purposes of the Contract. 1. Satisfactory performance, as determined by the Department, of drug testing service tasks in accordance with Section II., H., Contractor Service Tasks; and 2. Reports as required in Section II., J., Reporting Requirements. N. Continuity of Service The Contractor recognizes that the services under this Contract are vital to the Department and shall be continued without interruption and that, upon Contract expiration, a successor, either the Department or another Contractor, may continue the services. The Contractor agrees to exercise its best efforts and cooperation in an orderly and efficient transition to a successor. The provision of services necessary to complete an orderly and efficient transition from the incumbent to a successor shall be executed at no additional cost to the Department. O. Department s Responsibilities 1. The Department shall determine which offenders and inmates will receive drug tests. Page 16 of 52

17 2. The Department shall collect, prepare and package urine specimens for transport to the Contractor s laboratory. 3. The Department shall notify the Contractor s courier service when specimens are ready for pick-up. 4. The Contract Manager or designee shall supply the Contractor with a list of employees authorized to communicate with the Contractor s laboratory and to receive drug test results via access to the Contractor s secure web site. 5. The Department will not furnish services of support (e.g., support staff, office space, telephone service, secretarial or clerical) to the Contractor. 6. The Department shall ensure that all offenders sign appropriate release of information forms that will authorize the Contractor to share program information with the Department and sentencing or releasing authorities. P. Liquidated Damages The Contractor expressly agrees to the imposition of liquidated damages for failure to meet performance standards. The Contractor hereby acknowledges and agrees that its performance under the Contract shall meet the Performance Outcomes and Standards set forth in Section II., K. If the Contractor fails to meet the Performance Measure #1 as outlined in Section II., K., the Department may impose Liquidated Damages in the amount of $100 per calendar day until such time as required service tasks are satisfactorily completed, as determined by the Department s Contract Manager. The Department s Contract Manager will provide written notice to the Contractor s Representative of all liquidated damages accessed accompanied by detail sufficient for justification of assessment. The Contractor shall forward a cashier s check or money order to the Contract Manager, payable to the Department in the appropriate amount, within ten (10) days of receipt of a written notice of demand for damages due or in the alternative, may issue a credit in the amount of the liquidated damages due on the next monthly invoice following imposition of damages. Documentation of the amount of damages imposed shall be included with the invoice, if issuing credit. III. COMPENSATION A. Payment The Department will compensate the Contractor for services as specified in Section II, Scope of Service, as delineated below: Description Of Service 8-Panel Drug Test Alcohol/Cocaine (cocaine and metabolites)/opiates (codeine, morphine, hydrocodone, hydromorphone, oxymorphone, oxycodone)/cannabis(cannabinoids-thc)/benzodiazepines (Oxazepam, Temazepam, alpha-hydroxyalprazolam, Lorazepam, Nordiazepam)/ Barbiturates (butalbital, amorbarbital, secobarbital, pentobarbital, Phenobarbital/ Amphetamines (Amphetamine, Methamphetamine) MDMA,MDA,MDEA Unit Price Per Test $6.75 Page 17 of 52

18 Each additional drug request with 8 Panel Option (i.e. the addition of PCP or the addition of Methadone).50 Description Of Service Confirmation Test, Previously Screened by Contractor s Laboratory Cocaine (cocaine and metabolites)/opiates (codeine, morphine, hydrocodone, hydromorphone, oxymorphone, oxycodone)/cannabis(cannabinoids- THC)/Benzodiazepines (Oxazepam, Temazepam, alpha-hydroxyalprazolam, Lorazepam, Nordiazepam)Barbiturates (butalbital, amorbarbital, secobarbital, pentobarbital, Phenobarbital/ Amphetamines (Amphetamine, Methamphetamine, MDMA, MDA, MDEA) PCP/Methadone Unit Price Per Test $15.05 Description Of Service Confirmation Test, Previously Screened with an On-Site Test by the Department Cocaine (cocaine and metabolites)/opiates (codeine, morphine, hydrocodone, hydromorphone, oxymorphone, oxycodone)/cannabis(cannabinoids- THC)/Benzodiazepines (Oxazepam, Temazepam, alpha-hydroxyalprazolam, Lorazepam, Nordiazepam) Barbiturates (butalbital, amorbarbital, secobarbital, pentobarbital, Phenobarbital/ Amphetamines (Amphetamine, Methamphetamine, MDMA, MDA, MDEA) PCP/Methadone Unit Price Per Test $15.05 Description Of Service Unit Price Per Test Alcohol Screen $6.75 Description Of Service Alcohol Confirmation Test, Previously Screened by Contractor s Laboratory Unit Price Per Test $15.05 Description Of Service Unit Price Per Test Alcohol-Positive Laboratory Screen and Confirmation (Bundle) $15.05 Page 18 of 52

19 Special Tests Unit Price Per Test Lysergic Acid Diethylamide (LSD) Innunoassay Screen $7.00 Confirmation (GC/MS) if screened positive for LSD $75.00 Anabolic Stroids GC/MS Screening/Confirmation $80.00 Gamma Hydroxybutric (GHB) Screen $10.00 Gamma Hydroxybutric (GHB) Confirmation $ Acetymorphine (6-AM) Heroin metabolite $25.00 D/L Isomer GC/MS $25.00 Synthetic Cannabinoids (Spice) $35.00 Other Drugs and Synthetic Drugs $35.00 Rejected Specimens Handling Fee: If the monthly total of rejected specimens is more than 2% of the monthly total number of tests statewide, the Department will be assessed a handling fee by the laboratory. Unit Price Per Test Handling Fee $6.00 NOTE: If the monthly total of rejected specimens is less than two percent (2%) of the monthly total number of tests statewide there shall be no additional charge. B. MyFloridaMarketPlace 1. Transaction Fee The State of Florida has instituted MyFloridaMarketPlace, a statewide eprocurement System ( System ). Pursuant to Section (22), Florida Statutes, all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor s failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for Page 19 of 52

20 declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. NOTE: Currently, the Transaction Fee can not be automatically deducted from payments to the Contractor. 2. Vendor Substitute W9 The State of Florida Department of Financial Services (DFS) needs all vendors that do business with the state to electronically submit a Substitute W-9 Form to by March 31, Forms can be found at: Frequently asked questions/answers related to this requirement can be found at: DFS is ready to assist vendors with additional questions. You may contact their Customer Service Desk at or FLW9@myfloridaacfo.com. C. Submission of Invoice(s) Community Corrections Drug Testing Program: The Contractor agrees to submit a single monthly invoice for each circuit within the Regional area to the Local Contract Coordinator for compensation for services in detail sufficient for a proper pre-audit and post-audit thereof. The Contractor shall provide an invoice in a format approved by the Contract Manager (or designee). The Contractor shall submit a copy of invoices pertaining to this Contract to: Circuits 1, 2, 3, 4, 8, 14 Circuits 5, 7, 9, 10, 18, Thomas W. Britton Richard Pearce Department of Corrections Department of Corrections Office of Community Corrections Office of Community Corrections 501 South Calhoun Street 2301 Meeting Place Tallahassee, FL Orlando, Florida Telephone: (850) Telephone: (407) Fax: (850) Fax: (407) britton.thomas@mail.dc.state.fl.us pearce.richard@mail.dc.state.fl.us Circuits 11, 15, 16, 17, 19 Circuits 6, 12, 13, 20 Arnia Perpignand Beverly Harman Department of Corrections Department of Corrections Office of Community Corrections Office of Community Corrections 155 SE 3rd Avenue 1313 N. Tampa Street, Ste. 813 Delray Beach, FL Tampa, FL Telephone: (561) Telephone: (813) Fax: (561) Fax: (813) perpignand.arnia@mail.dc.state.fl.us harman.beverly@mail.dc.state.fl.us In addition, the Contractor shall submit the original copy of the monthly invoice with supporting documentation to the Local Contract Coordinator via (if applicable), US mail, or other courier mail services. Page 20 of 52