HomeMy Public PortalAboutFL DOC Work Squad #W1015FLORIDA
DEPARTMENT of
CORRECTIONS
Changing Lives to
Ensure a Safer Florida
Govemor
RICK SCOTT
Secretary
JULIE L. JONES
501 South Calhoun Street, Tallahassee, FL 32399-2500
June 15, 2015
Wayne Steele, Director
City of Crestview Public Services
715 Ferdon Boulevard, North
Crestview, Florida 32536
RE: Work Squad Contract #W1015
Dear Mr. Steele:
http://www.dc.state.fLus
Enclosed is your fully executed original document for your files of Work Squad Contract #W1015
between the Department of Corrections and your agency. This Contract will replace current Contract
#WS869 effective November 11, 2015.
As a reminder, please be advised:
• to include the Contract #(W1015) 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
Enclosure
Trust * Respect * Accountability * Integrity * Leadership
CONTRACT # W1015
CONTRACT BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
CITY OF CRESTVIEW
This Contract is between the Florida Department of Corrections ("Department") and City of Crestview ("Agency")
which are the parties hereto.
WITNESSETH
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, 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 November 11, 2015 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
November 10, 2018, 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.
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CONTRACT # W 1015
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), F.A.C., supervision of the work squad(s)
will be provided by the Department. The Department shall provide one (1)
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
vehicles, trailers, and all tools, equipment, supplies, materials and personal work
items (gloves, boots, hard hats, etc.) furnished by the Agency. (The Department
shall maintain an inventory of all property, expendable and non -expendable,
provided by the Agency, which is in the care, custody, and control of the
Department.) A hand receipt shall be signed by the Department's Work Squad
Supervisor upon the issuance and return of non -expendable items.
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.
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CONTRACT # W1015
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.
f. 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.
g•
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.
i. The Department shall be responsible for administering all disciplinary action taken
against an inmate for infractions committed while performing work under this
Contract.
j. 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.
I. The Department shall be responsible for driving the Correctional Work Squad
Officer and the inmates to and from the work site.
m. 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.
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CONTRACT # W 101.5
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.
Communications Equipment
It is the intent of this Contract that the Work Squad have and maintain 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 Field Support
Services, 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.
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CONTRACT # W 1015
c. Cellular Phones:
Cellular phones may be utilized by the 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 when a trailer is necessary. The Contract Manager shall designate whether the
usage of an enclosed trailer is required on Addendum A.
If a trailer for the work squad is provided by the Agency at no cost to the Department, and
the Department maintains 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. Upon the end or termination of
this Contract, the trailer will be returned to the Agency.
III. COMPENSATION
A. Payment to the Department
1. Total Operating Capital To Be Advanced By 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 Agency By Contract, as delineated in Section V1., 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 20'h day of the last month of the first Contract quarter.
Payment for subsequent consecutive quarters shall be received no later than the 20`h day of the
last month of the preceding Contract quarter.
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.
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.
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CONTRACT # W 1.015
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 Invoices)
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: steele(a cityofcrestview.org
IV. 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) 689-7927
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.
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CONTRACT # WI015
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
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.
VI. 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 Department shall reimburse the Agency
any advance payments, prorated as of last day worked.
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 Chapters 119 and 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.
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CONTRACT # W 1015
B. Annual Appropriation
The Department'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 info many by the Contract
Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered
to the Assistant Secretary of Institutions. The Assistant Secretary of Institutions, 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, civil, or military authority, acts of public enemy, war, riots, civil disturbances,
insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor
disputes, shortages of suitable parts, materials, labor, or transportation to the extent such events are
beyond the reasonable control of the party claiming excuse from liability resulting there from.
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 Department'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)
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.
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CONTRACT # W 1015
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:
FEID #: Jam/ - 6coo c5z4,s-
DEPARTMENT OF CORRECTIONS
SIGNED
BY:
NAME:
TITLE:
DATE:
Director, Office of Administration
Department of Corrections
Approved as to form and legality,
subject to execution.
SIGNED BY: a
NAME: - enr A. Parker
TITLE: General Counsel
Department of Corrections
DATE:
Master Document Revised 03/2013
Page 9 of 12
Addendum A
Inmate Work Squad Detail of Costs for City of Crestview
Interagency Contract Number W1015 Effective November 11, 2015
ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY*"
Per Officer
Annual Cost
Total
Annual Cost
I. CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION RELATED -EXPENSES
TO BE REIMBURSED BY THE AGENCY:
Officers Salary # Officer: Multiplier 1 $ 54,194.00 ** $ 54,194.00
Salary Incentive Payment $ 1,128.00 $ 1,128.00
Repair and Maintenance $ 121.00 $ 121.00
State Personnel Assessment $ 354.00 $ 354.00
Training/Criminal Justice Standards $ 200.00 $ 200.00
Uniform Purchase $ 400.00 $ 400.00
Uniform Maintenance $ 350.00 $ 350.00
Training/Criminal Justice Standards * $ 2,225.00
TOTAL - To Be Billed By Contract To Agency $ 58,972.00 $ 56,747.00
*Cost limited to first year of contract as this is not a recurring personnel/position cost.
** Annual cost does not include overtime pay.
IA. The Overtime Hourly Rate of Compensation for this Contract is $31.85, if applicable. (The Overtime Hourly
Rate of Compensation shall include the average hourly rate of pay for a Correctional Officer and the average
benefit package provided by the department, represented as time and one half for purposes of this Contract.)
Number
Squads
11. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY:
Costs include but may not be limited to the following:
Rain coats, staff high visibility safety vest, inmate high visibility
safety vest, fire extinguisher, first aid kit, personal protection kit, flex
cuffs, warning signs, handcuffs, Igloo coolers, portable toilets, insect
Total
Annual Cost
repellants, masks, vaccinations, and other administrative expenses. 1 $ 750.00
TOTAL - To Be Billed By Contract To Agency
III. ADDITIONAL AGENCY EXPENSES:
Tools, equipment, materials and supplies not listed in Section II above
are to be provided by the Agency.
CELLULAR PHONE WITH SERVICE REQUIRED:
ENCLOSED TRAILER REQUIRED:
YES 5i1 NO ❑
YES ® NO ❑
Addendum A Revised 06-02-03/01-12-04 Page 10 of 12
750.00
Addendum A
Inmate Work Squad Detail of Costs for City of Crestview
Interagency Contract Number W1015 Effective November 11, 2015
IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY:
Hand Held Radio MACOM $4969.00
Vehicle Mounted Radio MACOM $5400.00
Per Unit
Cost
TOTAL Operating Capital To Be Advanced By Agency
V. TOTAL COSTS TO BE ADVANCED BY AGENCY:
1. Operating Capital - from Section IV.
2. Grand Total - To Be Advanced By Agency At Contract Signing:
VI. 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.)
Number
of Units
1
Total
Cost
$
$
$
...
Total
Cost
$0.00
$0.00
Total
Cost
$56,747.00
$750.00
$57,497.00
TOTAL COST
YEAR 1 $57,497.00
YEAR 2 $57,497.00
YEAR 3 $57,497.00
TOTAL $172,491.00
VIII. OVERTIME COSTS:
If the contracting Agency requests overtime for the work squad which is approved by the Department,
the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime.
Addendum A Revised 06-02-03/01-12-04 Page 11 of 12
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