Professional Documents
Culture Documents
AMENDMENT #3
The Board will not require a prospective Proposer or Proposer which has executed a
Confidentiality and Non-Disclosure Agreement to return or destroy Confidential Information in
the prospective Proposer’s or Proposer’s possession if the return or destruction of such
Confidential Information would cause the prospective Proposer or Proposer to be in violation of
any applicable law or regulatory authority. The Board, at the written request of a prospective
Proposer or Proposer which has executed a Confidentiality and Non-Disclosure Agreement, will
transmit Confidential Information to that prospective Proposer or Proposer in physical (i.e., non-
electronic) form if the prospective Proposer or Proposer advises the Board in writing that the
prospective Proposer or Proposer’s automated archival system does not allow the prospective
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Proposer or Proposer to remove or destroy Confidential Information stored by the prospective
Proposer or Proposer in such archival system.
2. Health Care Costs - Act 22 of 2011
The RFP includes provisions that require the Contractor to assume certain responsibilities with
respect to medical care provided to Inmates, and the Board is providing certain additional
information relating to legislation enacted by the General Assembly of the Commonwealth of
Pennsylvania with respect to such matters that it believes may be material to preparation of a
responsive Proposal.
Act 22 of 2011 (“Act 22”) - PA General Assembly Act 22 of 2011 Hyperlink - made changes to
Pennsylvania’s Public Welfare Code (now the Human Services Code) to allow a portion of the
cost of inpatient hospital care for Medicaid-eligible Inmates to be covered by the
Commonwealth’s fee-for-service Medical Assistance (Medicaid) program. A portion of the cost
of inpatient care covered by Medical Assistance is reimbursed by the Federal government, which
reduces the cost for such care which is borne by the Provider.
Section 4.2.11 of the Agreement requires the selected Provider to “…provide health services to
Inmates in accordance with Exhibit D [Health Services] to the Agreement. Under Exhibit D the
Provider is responsible to, among other things, “…identify the need, schedule, coordinate and
pay for all non-emergency and emergency medical care rendered to Inmates inside or outside the
Prison.” This means that the selected Provider is responsible for all such costs not covered by
Federal support or other sources of reimbursement for the costs of Inmate health care.
Act 22 also limits what providers of health care services (such as hospitals, physicians and
providers of outpatient services) may charge for both inpatient and outpatient Inmate health care,
irrespective of whether an Inmate is eligible for Medicaid.
The Board urges prospective Proposers to familiarize themselves with the Commonwealth’s
Medical Assistance program as it may be relevant to Act 22, as well as all other aspects of the
health care-related responsibilities set out in the Agreement. The Board makes no representations
as to any other aspect of the Medial Assistance program, the application of Act 22 or any other
applicable law, regulation or other official pronouncement. By submitting a Proposal in response
to the RFP a Proposer assumes full responsibility for obtaining an adequate understanding with
respect to all such matters.
This information concerning Act 22 is provided for guidance only, and is not intended to be
comprehensive or to address other aspects of the Provider’s obligations with respect to health
care, and does not alter any obligations of the Provider under the RFP.
AMENDMENTS TO THE RFP AND AGREEMENT
The responses to questions posed by prospective Proposers, as noted above, are to be regarded as
amendments to the RFP and the Agreement, as applicable. The Board’s responses in several
cases as set out in Exhibit A to this Amendment #2 make changes to language in the RFP and
Agreement, as follows:
1. The Cover Page of the RFP
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As more particularly described herein, Proposals must be received at the address below no later
than 4:00 PM EDT on August 20, 2018. Late Proposals will not be considered.
No other changes are being made to Cover Page of the RFP.
2. RFP Part III, Section 1.1.2 (“Delivery”) is hereby amended to read as follows:
1.1.2. Delivery. Proposals must be submitted to the address shown on the Cover Page
of the RFP. Proposals must be received at the address noted on the cover page of the RFP
below no later than 4:00 PM EDT on August 20, 2018. A Proposer is responsible for
submitting its Proposal by the date, time and place specified in the Schedule and in the
form, format, media and number specified. The Board will not consider late Proposals
regardless of the reason.
No other changes are being made to Section 1.1.2 of Part III of the RFP (and for the avoidance of
doubt, that includes the fact that no changes are being made to Sections 1.1.2.1 or 1.1.2.2).
9.4. Termination for Unavailability of Funds. The payment of money by the Board
under any provision of this Agreement is contingent upon the availability of funds
appropriated by the County Council of the County. At the time that any proposed budget
of the Board is being prepared for any period to be covered by the general or a special
appropriation, the Board agrees to submit to the appropriate budget officers and
appropriate committees of the County Council of the County a written request for
appropriation of money in an amount not less than an amount equal to the payments that
shall be required for such period as set out in this Agreement. Neither the Board, nor its
appointed officials, officers, employees, agents, attorneys, or other individuals acting on
behalf of the Board, make any representation or warranty as to whether any appropriation
shall, from time to time during the term or extension of this Agreement, be made by the
County Council of the County. In the event funds for this Agreement are unavailable due
to non-appropriation, the Board or Provider shall have the right to terminate this
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Agreement without liability or penalty. An event of non-appropriation shall not cause the
Board to be in default hereunder, but in the event of termination by either Party by reason
of non-appropriation, Section 9.8.1, below shall be applicable.
5. RFP, Exhibit A, Agreement, Section 14.1.3 (“Review By The Board”) is hereby amended
to read as follows:
14.1.3 Review By The Board. If Provider notifies the Board within the 30-day period
provided for in Section 14.1.2 that it takes exception to a decision of the Superintendent,
the Board shall review the Superintendent’s decision and may either (1) affirm the
Superintendent’s decision; (2) reverse or modify the Superintendent’s decision; or (3)
order that the Dispute be submitted to a disinterested party for mediation. The Provider
shall be given at least 30 days prior notice that a decision will be submitted to the Board as
provided in this Section 14.1.2 and will have the right to submit written material to the
Board as to why Provider takes exception to the Superintendent’s decision.
No other changes are being made to Section 14.1.3 of the Agreement.
6. RFP, Exhibit A, Agreement, Section 15.1 (“Binding Nature”) is hereby amended to read
as follows:
15.1. Binding Nature. This Agreement shall not be binding upon the Parties until it is
approved and executed by both Parties. This Agreement after it is properly approved and
executed by the Parties, shall inure to the benefit of the Board and Provider and shall be
binding upon the Board and Provider and their respective successors and assigns, subject
to the provisions of Section 15.3 and other limitations set out in this Agreement.
No other changes are being made to Section 15.1 of the Agreement.
7. RFP, Exhibit A, Agreement, Section 15.7 (“Governing Law”) is hereby amended to read
as follows:
15.7. Governing Law; Consent to Jurisdiction; Waiver of Jury Trial. This Agreement,
and any dispute arising under or related to this Agreement in any manner, shall be governed
by and construed in accordance with the laws of the Commonwealth of Pennsylvania with
respect to contracts made and to be performed in Pennsylvania, without regard to its
conflicts of law principles and rules. Provider consents to the exclusive jurisdiction of the
Court of Common Pleas of Delaware County, Pennsylvania, in any and all actions and
proceedings whether arising hereunder or under any other agreement or undertaking and
irrevocably agrees to service of process by the methods and in the manner set forth in
Section 15.9 for the giving of Notice. Provider hereby expressly and irrevocably waives any
claim or defense in any such action or proceeding based on any alleged lack of personal
jurisdiction, improper venue or forum non conveniens or any similar basis. Nothing in this
section shall affect or impair in any manner or to any extent the rights of the Board to
commence legal proceedings or otherwise proceed against Provider in any jurisdiction or
venue or to serve process in any manner permitted by law. Each of the Parties irrevocably
waives any and all right it may have to a trial by jury in any action, proceeding or claim of
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any nature relating to this Agreement. Each Party acknowledges that the foregoing waiver
is knowing and voluntary.
A. For purpose of this Exhibit B the positions listed in the Staffing Plan under
Security Supervision, Security Support, K-9 Unit, Intake Unit, Cell Block Supervision,
Cell Block #2, Cell Block #4, Cell Block #5, Cell Block #6, Cell Block #7, Cell Block #8,
Cell Block #9, Cell Block #10, Cell Block #3, DUI/ Work Release Unit and Unit 12 are
“Security Posts.”
No other changes are being made to Exhibit B.
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Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
7
Attachments to Exhibit A
To
Amendment #3 to RFP 2018-1
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Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
NOTE TO PROPOSERS: The headings and cross-references used in this Exhibit A and all
attachments thereto are for convenience of reference only and are not intended to completely
summarize the information to which such reference is made. Proposers may not rely upon such
headings or cross-references and are solely responsible for reviewing all information included in
Exhibit A and its attachments without regard to such cross-references. Information presented in
the Exhibit and attachments does not constitute a representation or warranty by the Board that
such information is predictive of future events or that information provided to the Board and
included in whole or in part in Exhibit A or any attachment is either correct or complete
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31. Medical In the current contract the Section 12.1 of the RFP
County is responsible for medical provides, in part, that a
costs incurred once an individual Proposer “must identify which,
is arraigned bedside at an outside if any, of the terms and
hospital, but that language has conditions (contained in the
been removed from the RFP’s Agreement) it would like to
Exhibit D – Health Services. The negotiate and/or what
language that was removed is additional terms and conditions
from the current contract Exhibit the Proposer would like to add
E – Health Services, Section 7 on to the Agreement’s terms and
page 40. conditions.” No assurance can
Question: Will the County be given that the Board will
consider assuming inmate agree to any additional changes
hospitalization costs upon to the terms and conditions of
arraignment since the service the Agreement.
provider is no longer responsible The Board has no further
for the care and custody of the comment on this issue.
inmate?
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107. Operations – Vendor request 2017-2018 sewer The Board is responsible for
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108. Operations – 3. Is the sanitary sewer gravity feed5. The sanitary sewer flow is
Utilities - Sewer or pressurized? gravity fed to the point where it
4. What is the age of the sewer enters the treatment facility.
grinder and auger system if Age of the sewer grinder:
installed? Approximately 22 years
Age of the auger system:
Approximately 13 years.
109. Operations – • Section 4.2.20, Utilities and See Board response to Question
Utilities - Sewer Sewer and Water Services, 106.
indicates that the Provider is
responsible to any additional
charges or penalties for
exceeding the permitted
estimated usage of sewer and
water services on a monthly
basis.
• How is the “permitted
estimated usage of sewer
and water services”
determined?
• Please furnish the facility’s
two-year history, by month,
of additional charges and
penalties that were incurred
for exceeding the permitted
estimated water and sewer
use.
110. Operations – Is the vendor responsible for any Provider is responsible for all
Utilities - Sewer sewer treatment plant facility maintenance, inclusive
maintenance/activities? If so, of the wastewater treatment
please define the scope? facility.
111. Operations - 2. How many hours a day is See Attachment 14 (Visitation).
Visitation visitation open?
112. Operations - 4.2.16 Visitation - Please provide See Attachment 14 (Visitation).
Visitation a current Visiting Schedule for
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118. Personnel What is the cost for each staff for The Board does not possess
these certifications through information which would
DOC? enable it to respond to this
question but notes that the
Provider is responsible for
being familiar and compliant
with all applicable Standards
and requirements.
119. Personnel How long is the officer The Board does not possess
certification good for once an information which would
employee leaves voluntarily? enable it to respond to this
question but notes that the
Provider is responsible for
being familiar and compliant
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127. Personnel What are current salaries (or The Board does not possess
salary ranges) for each such information.
employee?
128. Personnel Vendor request copies of any The Board does not possess
current Union agreements. such information.
129. Personnel What are the requirements for the Physical agility standards are
physical agility test for staff? set by the Provider, subject to
subject to any applicable
Standards.
130. Personnel Can we please obtain historical The Board does not possess
data on staffing levels, turnover such information.
and any key vacancies that
currently exist and/or are
anticipated prior to contract
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154. RFP/Agreement2. Will the Board agree to amend Section 12.1 of the RFP
Section 8.3 to include the provides, in part, that a
following: “The Board will Proposer “must identify which,
document in writing the reason(s) if any, of the terms and
for any refusal.”? conditions (contained in the
Agreement) it would like to
negotiate and/or what
additional terms and conditions
the Proposer would like to add
to the Agreement’s terms and
conditions.” No assurance can
be given that the Board will
agree to any additional changes
to the terms and conditions of
the Agreement.
The Board has no further
comment on this issue.
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Attachment 16
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and
Requests
Provider Agreement
Attachment 15
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Settlement Materials:
Settlement Agreement Re: Disciplinary Treatment
of lnmates, May 10, 1996
Settlement Agreement Re: HIV Matters
Settlement Agreement RE Inmates of the Muslim Faith
MOU between the Board and the Delaware County Women Against Rape
Memorsndum of Understandlng
This Memoratrdum of Understanding (MO[I) is eniered betwwn The GEO Group, Inc. (GEO) at
George W. Hill Correctional Faoility (GWHCF) and Delaware County Women Against Rape (DCWAR)
aad is writteir to facilitate an agre€orexf between the parties for services rslat€d to goals and
impleme,ntatiou of tlc Federal Prison Rape Elimination Act (PREA) mandates.
WHEREAS, Delaware County Women Against Rape provides services to se,xual assillt victimg
in Dela'flare County; aud
\trrHEREAS, the George W. HiU Correc'tional FaciJity operates th€ coutrty correctional facilrty
located in Delaware County; and
THERFORE, tbe George W. Hill Correctional Facility aadDelaware County Women Against
Rape set forth the following terms of thcir agreement;
b, Any time that an incidsrt or allegation of sexual assault is discovered or reported, and where
evidentiary or medically appropriate, within 72 hours of the incident, GWHCF will transport
the victim of se:ilal assault to the hoqpitai fsr a forcnsic medical examination and to m€€t
with a rape crisig counselor from DCWAR
ffthe incident occu$ed morc +han72 hours prior to thc report, GWHCF will eirsw€ that the
victim receives a medical examination where widentiary or medically appropriate, and aay
ueeded treatnent including a mental health Evaluation and conta€t informstion for DCWAR.
Facittate follow up whenwer possible with thc inmnts and DCWAR by -ail or telephone as
long as the inmate is incarcerated at GWHCF, This should bo done without regard to the
pre$€ilrce or status ofan investigation.
Provide inmates with confdeirtial 24 houx acccss to DC'WAR rape crisis hotline at no cost
through the inmate tclephone syst€m.
Respect thc corfidsntial natur€ of communications bets/een DCWAR a1d inrnstss detained at
GWIICF.
Permit a rcpreseirtative of DCWAR to enter GWHCF and meet with the vistim of an alleged
sexual assault in a confidential setting, provided that the victim ofthe alleged assault agr€€s
!o meet with the DcwAR reprcseirtative, and zuch meeting oan be conducted safely.
h. Tinely communication to any questions or concems s4ft imflermentation of the MOU to
DCWAR.
a. Rcspond to rcqueste from GWHCF to provide advocacy and accompaniment whcn inmateg
are brought to the hospital for a soxual assault fortnsio medioal examination.
b. Respond to calls from GWHCF inmates when received on the DCWAR 24 horr rape ctisis
hotline.
d. Workwith designated GWHCF officials to obtain any neoessary seowity clearances and
follow all facility grridelines for safety and security.
This MOU shall remain in force until terminated by either party with no loss than 30 calendar
days written notice to the other party. The MOU may be terrmineted by eitherparty witl cause with two
days written notice to the other party. Aay modification to ttris agreement must be agreed to and
supported by both parties and attached !o this MOU as a modification.
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Attachment 14
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Visitation
Attachment 13
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Sewer
Attachment 12
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Boiler Report
Attachment 11
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
HVAC
Attachment 8
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Spill Protocol
Attachment 7
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Generator Report
Attachment 5
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Litigation Materials
LITIGATION LIST OF CASES PENDING OR FILED AGAINST GEORGE W. HILL
CORRECTIONAL FACILITY WITHIN THE LAST FIVE YEARS
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Brian Curry v. CEC
Delaware County Court of Common Pleas Docket No.: 13-03159
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
R’Amar Morgan v. Gifford
United States District Court (Eastern District of PA) Docket No.: 13-1252
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
John Monahan v. CEC
Delaware County Court of Common Pleas, Docket No.: 13-4045
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Thomas Gleason v. CEC
Delaware County Court of Common Pleas Docket No. 14-8430
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Pending
Disposition: Resolved/Dismissed
Michael Edwards v. CEC
Delaware County Court of Common Pleas Docket No.: 15-05955
Disposition: Pending
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Willis v. CEC
United States District Court (Eastern District of PA) Docket No.: 15-6169
Disposition: Resolved/Dismissed
Disposition: Pending
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Pending
Sherman Bright v. Delaware County Board of Prison Inspectors, et. al.
United States District Court (Eastern District of PA) Docket No.: 16-5304
Disposition: Resolved/Dismissed
Disposition: Pending
Disposition: Pending
Disposition: Pending
Disposition: Pending
Disposition: Resolved/Dismissed
Disposition: Pending
Michael and Kerri Falco v. Benjamin Foods, LLC, et al.
Court of Common Pleas of Philadelphia County, September Term 2016, No. 1441
Disposition: Pending
David Massarelli v. Community Education Centers, Inc.
United States District Court (Eastern District of PA) Docket No.: 16-2884
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Pending
Disposition: Pending
Disposition: Pending
Disposition: Pending
Gartor Brown v. Community Education Centers, et al.
United States District Court (Eastern District of PA) Docket No.: 16-2255
Disposition: Pending
Disposition: Resolved/Dismissed
Disposition: Resolved/Dismissed
Disposition: Pending
Disposition: Pending
Disposition: Resolved/Dismissed
Michael Epp v. CEC
Delaware County Court of Common Pleas Docket No.: 17-00229
Disposition: Pending
Disposition: Resolved/Dismissed
Yvette Smith v. CEC et. al.
Delaware County Court of Common Pleas, Docket No.: 17-1624
Disposition: Pending
Disposition: Resolved/Dismissed
Disposition: Pending
Disposition: Pending
Disposition: Resolved/Dismissed
Ifeanyi Nwani v. Molly, et al.
United States District Court (Eastern District of PA) Docket No.: 17-3634
Disposition: Resolved/Dismissed
Disposition: Pending
Devon Powell v. Community Education Centers
United States District Court (Eastern District of PA) Docket No.: 17-3759
Disposition: Pending
Disposition: Resolved/Dismissed
Disposition: Pending
Disposition: Pending
Ronell Shamar Nichols v. Dr. Phillips, et al.
United States District Court (Eastern District of PA) Docket No.: 17-2604
Disposition: Pending
Disposition: Pending
Attachment 4
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Population Report
Attachment 3
To
Exhibit A
To
Amendment #2 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Commitment-Discharge Report
Attachment 2
To
Exhibit A
To
Amendment #3 to RFP 2018-1
Responses to Prospective Proposer Questions and Requests
Inmate Handbook