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HomeMy Public PortalAbout#W1068 Work Squad Contract FDOCFLORIDA DEPARTMENT of CORRECTIONS 501 South Calhoun Street, Tallahassee, FL 32399-2500 April 26, 2016 Wayne Steele, Director City of Crestview Public Services 715 Ferdon Boulevard North Crestview, Florida 32536 RE: Work Squad Contract #W1068 Dear Mr. Steele: Governor RICK SCOTT Secretary JULIE L. JONES http://www.dc.state.fl.us Enclosed is your fully executed original document for your files of Work Squad Contract #W1068 between the Department of Corrections and your agency. This Contract will replace current Contract #WS915 effective October 1, 2016. As a reminder, please be advised: • to include the Contract #(W1068) on all correspondence; that changes to the scope of services cannot be made except through a formal Contract amendment, executed by both parties, and issued by this office; and • that services may not be provided after the expiration date unless the Contract has been extended or renewed. If there are any questions, please call me at (850) 717-3677 Sincerely, John Dupree John Dupree GOC II Bureau of Contract Management and Monitoring *INSPIRING SUCCESS BY TRANSFORMING ONE LIFE AT A TIME * CONTRACT # W1068 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS CITY OF CRESTVIEW This Contract is between the Florida Department of Corrections ("Department") and the City of Crestview ("Agency"), which are the parties hereto. WI I'NE SSETH WHEREAS, Section 944.10(7) and Section 946.40, Florida Statutes and Rules 33-601.201 and 33-601.202, Florida Administrative Code, provide for the use of inmate labor in work programs; WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the supervision of the Department's staff; WHEREAS, the City of Crestview is a qualified and willing participant with the Department to contract for an inmate work squad(s); and WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of the mutual benefits and considerations set forth, the parties hereto covenant and agree as follows: I. CONTRACT TERM/RENEWAL A. This Contract shall begin on October 1, 2016, or the last date of signature by all parties, whichever is later. This Contract shall end at midnight three (3) years from the last date of signature by all parties or September 30, 2019, whichever is later. In the event this Contract is signed by the parties on different dates, the latter date shall control. B. Contract Renewal This Contract may be renewed for one (1) additional three (3) year period after the initial Contract period upon the same terms and conditions contained herein. The Contract renewal is at the Agency's initiative with the concurrence of the Department. The decision to exercise the option to renew should be made no later than sixty (60) days prior to the Contract expiration. Page 1 of 12 Master Document Revised 08/2015 CONTRACT # W1068 II. SCOPE OF CONTRACT A. Administrative Functions 1. Each party shall cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed by an inmate(s) performing services under this Contract between the parties. 2. Each party will retain responsibility for its personnel, and its fiscal and general administrative services to support this Contract. 3. Through their designated representatives, the parties shall collaborate on the development of policies and operational procedures for the effective management and operation of this Contract. B. Description of Services 1. Responsibilities of the Department a. Pursuant to Chapter 33-601.202(2)(a), Florida Administrative Code, supervision of the work squad(s) will be provided by the Department. The Department shall provide one (I) Correctional Work Squad Officer position(s) to supervise an inmate work squad(s). This Contract provides for one (1) work squad(s) of up to eight (8) inmates. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) out would breach good security practices; when the absence of the Correctional Work Squad Officer is necessary for reasons of required participation in training or approved use of leave; when the officer's presence is required at the institution to assist with an emergency situation; when the officer is ill; or when the Correctional Work Squad Officer position is vacant. In the event a position becomes vacant, the Department shall make every effort to fill the position(s) within five (5) working days. c. For security and other reasons, the Department shall keep physical custody of the vehicle famished by the Agency. Unless otherwise specified, the Agency shall maintain physical custody of all Agency trailers and all tools, equipment, supplies, materials, and personal work items (gloves, boots, hard hats, etc.) furnished to the Department by the Agency. The Agency is responsible for the maintenance of all furnished equipment. d. In the event of damage to property as a result of an accident charged to a Department employee or blatant acts of vandalism by inmates, or loss of tools and equipment, the Agency may request that the Department replace or repair to previous condition the damaged or lost property. e. The Department shall be reimbursed by the Agency for the Department's costs associated with this Contract in accordance with Addendum A. Page 2 of 12 Master Document Revised 08/2015 CONTRACT # W 1068 g• Once the Agency reimburses the Department for the costs reflected on Addendum A, Section II., these items will be placed on the Department's property records, as appropriate, and upon the end or termination of this Contract such items will be transferred to the Agency. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-to-day basis in order to maximize the effectiveness of the work squad. The Department shall provide food and drinks for inmates' lunches. h. The Department shall be responsible for the apprehension of an escapee and handling of problem inmates. The Department shall provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. The Department shall be responsible for administering all disciplinary action taken against an inmate for infractions committed while performing work under this Contract. The Department shall provide for medical treatment of ill or injured inmates and transportation of such inmates. k. The Department shall provide inmates with all personal items of clothing appropriate for the season of the year. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. Both parties agree that the Department is making no representations as to the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall periodically provide the Department's Contract Manager with a schedule of work to be accomplished under the terms of this Contract. Deviation from the established schedule shall be reported to, and coordinated with, the Department. b. If required, the Agency shall obtain licenses or permits for the work to be performed. The Agency shall provide supervision and guidance for projects that require a permit or which require technical assistance to complete the project. c. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental Agency, or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. Page 3 of 12 Master Document Revised 08/2015 CONTRACT # W 1068 d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad. The Agency shall maintain its own inventory of transportation, tools, and equipment belonging to the Agency. e. The Agency shall provide vehicles for transportation of the work squads and is responsible for the maintenance of said vehicle. 3. Communications Equipment It is the intent of this Contract that the work squad maintains communication with the institution at all times. A method of communication (radios, cellular phone, etc.), shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Contract Manager in writing prior to assignment of the work squad. Depending upon the method of communication provided, the Contract Manager may require a secondary or back-up method of communication. All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Under no circumstances shall the Agency accept the return of radio communications equipment provided to the Department under this Contract until such time as the radio communications equipment has been deprogrammed by the Department. At the end or termination of this Contract, the Department's Contract Manager will contact the Department's Utility Systems/Communications Engineer in the Bureau of Security Operations, Central Office, to effect the deprogramming of radio communications equipment provided by the Agency. a. Vehicle Mounted Radios: Vehicles provided by the Agency, that are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio frequency(ies), will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for vehicle and/or communications equipment maintenance and/or repair. The use of these vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. b. Hand Held Radios: Hand held radios provided by the Agency, that are or that will be programmed to the Department's radio frequency(ies), will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance and/or repair. The use of any hand held radio(s) provided by the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. Page 4 of 12 Master Document Revised 08/2015 CONTRACT # W1068 c. Cellular Phones: Cellular phones may be utilized by the Correctional Work Squad Officer as either a primary or secondary means of communication as approved by the Contract Manager. The Contract Manager shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and upon the end or termination of this Contract, returned to the Agency. The use of the cellular phone is not authorized for any purposes other than as indicated in this Contract. 4. Other Equipment The Contract Manager shall determine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract, and shall notify the Agency if a trailer is necessary. The Contract Manager shall designate whether the usage of an enclosed trailer is required on Addendum A. If a trailer is required, it will be provided by the Agency at no cost to the Department. If the Department is to maintain control of the trailer when the squad is not working, the Agency shall provide an enclosed trailer that can be secured when not in use. All tools and equipment utilized by the work squad shall be secured in the trailer. The Department shall maintain an inventory of all property, expendable and non -expendable, which is in the custody and control of the Department. Upon the end or termination of this Contract, the trailer and any non -expendable items will be returned to the Agency. III. COMPENSATION A. Payment to the Department 1. Total Operating Capital To Be Advanced By The Agency, as delineated in Section IV., of Addendum A, shall be due and payable upon execution of the Contract. The Department will not proceed with the purchase until payment, in full, has been received and processed by the Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result in start-up postponement or interruption of the services provided by the work squad. 2. Total Costs To Be Billed To The Agency By Contract, as delineated in Section VI., of Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth of the total amount, due within two (2) weeks after the effective date of the Contract. The second quarterly payment is due no later than the 20th day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 20h day of the last month of the preceding Contract quarter. 3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant for a period of more than five (5) working days, the next or subsequent billing will be adjusted by the Department for services not provided. 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. Page 5 of 12 Master Document Revised 08/2015 CONTRACT # W1068 5. The rate of compensation shall remain in effect through the term of the Contract or subsequent to legislative change. In the event there is an increase/decrease in costs identified in Addendum A, this Contract shall be amended to adjust to such new rates. B. Official Payee The name and address of the Department's official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317-3600 C. Submission of Invoice(s) The name, address, and phone number of the Agency's official representative to whom invoices shall be submitted to is as follows: Wayne Steele, Director City of Crestview Public Services 715 Ferdon Boulevard North Crestview, Florida 32536 Telephone: 850-682-6132 Fax: 850-682-7359 Email: steeleacityofcrestview.org TV. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, address, and phone number as indicated, as Contract Manager and Contract Administrator for the Project. A. Department's Contract Manager The Warden of the Correctional Institution represented in this Contract is designated Contract Manager for the Department and is responsible for enforcing performance of the Contract terms and conditions and shall serve as a liaison with the Agency. The position, address, and telephone number of the Department's Contract Manager for this Contract is: Warden Okaloosa Correctional Institution 3189 Little Silver Road Crestview, Florida 32539 Telephone: (850) 682-0931 Page 6 of 12 Master Document Revised 08/2015 CONTRACT # W 1068 B. Department's Contract Administrator The Contract Administrator for the Department is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Contract Manager for the Department. The address and telephone number of the Department's Contract Administrator for this Contract is: Operations Manager, Contract Administration Bureau of Contract Management and Monitoring 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3681 Fax: (850) 488-7189 C. Agency's Representative The name, address, and telephone number of the representative of the Agency is: Wayne Steele, Director City of Crestview Public Services 715 Ferdon Boulevard North Crestview, Florida 32536 Telephone: 850-682-6132 Fax: 850-682-7359 Email: steele(n,,cityofcrestview.org D. Changes to Designees In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representatives will be rendered in writing to the other party and said notification attached to originals of this Contract. V. CONTRACT MODIFICATIONS Modifications to provisions of this Contract shall only be valid when they have been rendered in writing and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any applicable laws, regulations, or increases/decreases in allocations make changes to this Contract necessary. TERMINATION/CANCELLATION Termination at Will This Contract may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in -person with proof of delivery. In the event of termination, the Department will be paid for all costs incurred and hours worked up to the time of termination. The Depa, [went shall reimburse the Agency any advance payments, prorated as of last day worked. Page 7 of 12 Master Document Revised 08/2015 CONTRACT # W1068 VII. CONDITIONS A. Records The Agency agrees to allow the Department and the public access to any documents, papers, letters, or other materials subject to the provisions of Chapter 119 and Section 945.10, Florida Statutes, made or received by the Agency in conjunction with this Agreement. The Agency's refusal to comply with this provision shall constitute sufficient cause for termination of this Agreement. B. Annual Appropriation The Depai tment's performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of payments as outlined in Addendum A and in Section III, COMPENSATION. C. Disputes Any dispute concerning performance of the Contract shall be resolved informally by the Contract Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Director of Institutional Operations. The Director shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency with a copy to the Contract Administrator and Contract Manager. D. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes. E. Severability The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted. F. Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of any discussions with any Department employee. Only those communications which are in writing from the Depai tment's administrative or project staff identified in Section IV, CONTRACT MANAGEMENT, of this Contract shall be considered as a duly authorized expression on behalf of the Department. Only communications from the Agency that are signed and in writing will be recognized by the Department as duly authorized expressions on behalf of the Agency. G. No Third Party Beneficiaries Except as otherwise expressly provided herein, neither this Contract, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. H. Prison Rape Elimination Act (PREA) Page 8 of 12 Master Document Revised 08/2015 CONTRACT # W1068 The Agency shall report any violations of the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 115 to the Department of Corrections' Contract Manager. I. Cooperation with Inspector General In accordance with Section 20.055(5), Florida Statutes, the Agency understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida. This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: CITY OF CRESTVIEW SIGNED BY: NAME: TITLE: DATE: FELD #: /)/ Celt 0,IeA/t 000 D DEPARTMENT OF CORRECTIONS NAME: Kelley J. Scott TITLE: Director, Office of Administration Department of Corrections DATE: 2 2 Approved as to form and legality, subject to execution. SIGNED BY: NAME: Kenneth S. Steely TITLE: General Counsel Department of Corrections DATE: Page 9 of 12 Master Document Revised 08/2015 Work Squad Veber 1N�Q6$ t� A,r,nua� oOSt v-- inR►aeAGENCY*** t•.-- ency Contract BEINVOICED TO g4,194.00 Bot��eeSgaN� yy ►F RELATED -EXPENSES ** � 54,194.00 1,12g.00 SHADED p PO TON R 1 �' 1,128.00 121.00 `� 35.0 04 i1PL►ERS IN , MuIC�plier � 121.04 � SQUAD OFFICER SALARIES A # O{ficer. 354.00 � 240.00 204.00 400.00 MISU S ORB THE. AGENCY: GENCY ary Payment �' 404.00 � 350.00 MgURSE g epai Incentive ena ce �' 340.00 � d Maintenance As 2,225.00 Repair an I Assessment ` 56,747.00 State Persona nal Justice T T rain ng Criminal 5g 972.00 $ Uniform Purchase a dards * Maintenance Se Stan Uniform final Sustice Agency cost. Rate Krim COntraGtT° g nellposltion NoudY Training erson The Overtime benefit TOTAL'TO Be Billed R`! of a recurring P applicable. (The average ct as this is n is $3onn it os*d of Contra Officer an Contract.) to first year de overtrme paf r this Contract a Correctional of ( filed notciude ompsnsae rate of Pay for a half for pure Total *Cost limited does e hour►y on Number pr,nuat Cof ** Annual Hourly Rate ofa m average as time and Overtime ►'t Shap include theeent cep Squads IA. The Oven the department, eP of ComPer'rovtided y b Package P D gY THE AGENCY: e followin9� visibility TS TC BE RE►MgURSma not be lirri►ted to inmate high lion kit, flex Safety vest, protection insect 1 THE COS include but may visibility id kit, personaifable toilets, 4DM►NISTRp` Costs staff hr9n9uisher, first a five expenses. Rain coats, Igloo cookers, ministry safety vest, fire ext handcuffs, I9 signs, hen d other cuffs, warn►nrgask , vaccinations, an repellents, Contract To Agency TO Be gilled By Section It above TOTAL ' listed in d supplies not AL AGENCY EX a $S equipment, rnaterials the Age cy provided by NO ►1►. ADDITIONAL are to be P YES CI NO W WTH VICE REQUIRED' YES _.. r «AR ►'►40NE Q►REaV RED: � 750A0 Addendum A Inmate Work Squad Detail of Cos8 ts Effective City of Crestffective Octoberv1, iew 2016 Interagency Contract Number W106 OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Hand Held Radio MACOM $4969.00 El ____________ --1-- Vehicle Mounted Radio MACOM $5400.00 ----- TOTAL Operating Capital To Be Advanced B_ ----- y Agency . TOTAL COSTS TO BE ADVANCED BY AGENCY: 1. Operating Capital - from Section IV. 2. Grand Total - To Be Advanced By Agency At Contract Signing: TOTAL ANNUAL COSTS TO BE BILLED TO AGENCY BY CONTRACT: 1. Correctional Officer Salaries and Position -Related Expenses - from Section I. 2, Other Related Expenses and Security Supplies - from Section II. 3. Annual Grand Total - To Be Billed To Agency By Contract: VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT: (Total of Sections V. and VI.) $57,497.00 YEAR 1 $57,497.00 YEAR 2 $57,497.00 $57,497.00 YEAR 3 $172,491 .00 TOTAL If the contracting Agency requests overtime for the work squad which is approved by the Department, VIII. OVERTIME COSTS: the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime. Page 11 of 12 Ampndum A Revised 06-02-03101-12-04 Mmate Work n act Number W ry"" d vests, and clothing. their squad b\e for ensuring required n needed'ual expense fixed d an rr►n •ng( s require requires ppEl must \cola er. for h Prose Squads u►prn (PPE) squad on 11ca y tract Manager rnentai be suf i equipped d an on-going et w►1 d by the c°H Safet and a rr mod d personal e tly contract d the spreadsheet Trailer is require lion 8. The Departments epa a with a first a squad must be s for this contrt on Vl • d(or an enclosed� means o d them is e equipment. 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