Contract Terms For Grants

(1) The State Funding Board shall enter into contracts with those counties selected for grants as funds are available. (2) No county shall award any construction contract in reliance on a grant until such time as the Building Commission has approved plans pursuant to Tennessee Code Annotated, Section 4-15-102, and the State Funding Board and county have executed a contract pursuant to Tennessee Code Annotated, Section 4-15-102, when a grant proposal has been approved. (3) Provisions of the contract shall include: (a) An agreement by the State to fund a certain amount, up to 100%, of the actual cost of the approved project. (b) An agreement by the county to reserve a certain percentage of new cell space for state prisoners, the percentage being at least equal to the percentage of State funding. Such agreement is in perpetuity unless otherwise provided for through the repayment of grant funds. (c) An agreement regarding the types of state prisoners to be housed in the new or expanded facility, with regard to offenses committed and sentences imposed. The county must agree to house all felons sentenced to six years or less, space available, and may agree to house others if necessary to keep all reserved beds filled. (d) An agreement to complete all construction in accordance with American Correctional Association and Tennessee Corrections Institute standards and to operate and maintain the project in accordance with those standards. (e) An agreement by the county to repay grant funds received should it breach or withdraw from the contract. (f) An agreement that pursuant to an order of the sentencing judge, state inmates who cannot be con- trolled in the county facility may be transferred to the Department of Correction. COUNTY CORRECTIONS INCENTIVE PROGRAM CHAPTER 0420-2-1 (g) An agreement by the county that in all its contracts dealing with construction of the project, it will require compliance with the prevailing wage rates as provided in Tennessee Code Annotated, Section 12-4-401, et. seq. and it shall require surety bonds in accordance with Title 12, Chapter 4, Part 2 of Tennessee Annotated. (h) An agreement by the county to proceed expeditiously with and complete the project. (i) An agreement by the county to comply with all rules, regulations and procedural guidelines established by the State for the administration of the grant program and with all State statutes applicable to the program. (j) An agreement by the county to submit progress and status reports as required by the State. (k) An agreement as to the amount the State will pay the county for housing state prisoners in the new cell space. This amount may be up to the "reasonable allowable cost" as determined by the Comp- troller of the Treasury and the Commissioner of Finance and Administration. (l) An agreement as to the entity that will manage the new cell space. (m) If applicable, an agreement as to the implementation of Tennessee Code Annotated, Section 41-8- 111(4).