HomeMy Public PortalAbout09-7962 Inmate Labor in Work Programs Sponsored by: City Manager
Resolution No. 0 9-7 9 6 2
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE AN
AMENDMENT TO THE CONTRACT WITH THE FLORIDA
DEPARTMENT OF CORRECTIONS, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, FOR THE USE OF
INMATE LABOR IN WORK PROGRAMS,IN AN AMOUNT
NOT TO EXCEED FIFTY-SIX THOUSAND FOUR HUNDRED
AND SIXTY-SEVEN DOLLARS ($56,467.00), PAYABLE
FROM ACCOUNT NO. 41-541340
WHEREAS, the City has utilized the inmate labor program to assist the Public Works
Department in city-wide clean-up efforts which include litter removal,cutting and cleaning of alleys
and rights of way; and
WHEREAS, The Florida Department of Corrections and the City of Opa-locka ("City")
desire to enter into an amendment to the existing contract which would allow renewal of the existing
contract terms for one additional year beginning December 15,2009 and ending December 14,2010;
and
WHEREAS, the compensation for the contract would not change and would require a
renewal payment amount not to exceed Fifty-Six Thousand Four Hundred and Sixty-Seven Dollars
($56,467.00) for continuing the services of the inmate labor program.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Manager is hereby authorized to enter into and execute an
amendment to the contract with the Florida Department of Corrections, in substantially the form
Resolution No. 0 9-7 9 6 2
attached hereto, for the use of inmate labor work programs in the amount not to exceed Fifty-Six
Thousand Four Hundred and Sixty-Seven Dollars ($56,467.00), payable from Account No. 41-
541340.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12 day of NOVEMBER , 2009.
Oaa
JOSEPH L. KE ' L
MAYOR
Attest: Approved as to form and legal sufficiency:
'
i eborah S. Ir r y Burnadette Norris-Weeks, Esq.
City Clerk City Attorney
Moved by: HOLMES
Seconded by: TAYLOR
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: NOT PRESENT
Vice-Mayor Taylor: YES
Mayor Kelley: YES
oQp.toC,�q`
9
9po ciao
Memorandum
TO: Mayor Joseph L.Kelley
Vice-Mayor Myra L.Taylor
Commissioner Timothy Holmes
Commissioner othy Johnson
Commissioner ose Tydus
FROM: Byran K Finnie im City Manager
DATE: October 30/ 19
RE: Cont t with Florida Department of Corrections
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXPEND FUNDS IN THE AMOUNT OF FIFTY SIX THOUSAND FOUR
HUNDRED AND SIXTY SEVEN DOLLARS AND ZERO CENTS
($56,467.00), FOR RENEWAL OF THE EXISTING CONTRACT #WS488
WITH FLORIDA THE DEPARTMENT OF CORRECTIONS FOR THE
INMATE LABOR WORK PROGRAM PAYABLE FROM ACCOUNT NO.
41-541340 IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
Description: The inmate labor work program provide an invaluable service to the City by daily cleaning
the roads and streets, and maintenance of City properties and vacant lots. The squad includes a minimum
of five inmates and a Supervisor. This service is highly cost effective as a labor pool for the City. This
service has generated satisfactory results and is highly recommendable.
Financial Impact: Contract #WS488, Amendment #1 is for a total amount of Fifty Six Thousand Four
Hundred and Sixty Seven Dollars and Zero Cents ($56,467.00),Account#41-541340.
Implementation Time Line: The existing contract will end on December 14, 2009. The new contract
shall begin on December 15, 2009.
Legislative History: Resolution#08-7366 and#07-7182
Recommendation(s): Staff recommends approval.
Analysis: The Department of Corrections has worked with the City of Opa-locka for more than ten
years. Under this contract the Department of Corrections and the City have a formal agreement for the
services provided by this work program.
ATTACHMENT(S):
-Resolution,Renewal Contract, -resolution#08-7366(Existing Contract) and#07-7182.
1
PREPARED BY: Judeen Johnson,Projects/Utilities Engineer
END OF MEMORANDUM
2
CONTRACT#WS488
CONTRACT BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
CITY OF OPA LOCKA
This Contract is between the Florida Department of Corrections ("Department") and City of Opa Locka
("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 Opa Locka is a qualified and willing participant with the Department to contract for an inmate
work squad(s); and
WHEREAS, the parties hereto fmd 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. Contract Term
This Contract shall begin on December 15, 2008 or the last date of signature by all parties,
whichever is later.
This Contract shall end at midnight one (1) year from the last date of signature by all parties or
December 14, 2009, 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, at the option of the Agency, for one (1) additional one (1) 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
Agency, if it desires to renew this Contract, shall exercise its option no later than sixty (60) days
prior to the Contract expiration.
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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 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 will
be provided by the Department. The Department shall provide one (1)
Correctional Work Squad Officer position to supervise an inmate work squad.
This Contract provides for one(1) Work Squad of up to five(5)inmates.
b. The Department shall ensure the availability of the work squad except: when
weather conditions are such that to check the squad 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 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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Once the Agency reimburses the Department for the costs reflected on Addendum
A, Section IV.,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.
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.
1. 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 of 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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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.
3. 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. Dependent 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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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.
COMPENSATION
A. Payment to the Department
1. Total Operating Capital To Be Advanced By Agency, as delineated in Section V., 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 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 20th 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.
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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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 telephone number of the Agency's official representative to whom invoices
shall be submitted to is as follows: -
Lavelle Jenrette,Acting Public Works Director
City of Opa Locka
12950 N.W. 42nd Avenue -
Opa Locka,Florida 33054
Telephone: (305) 953-2829
Fax: (305)953-2824
E-mail: lienrette@cityofopalocka.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:
John Tate, Warden
South Florida Reception Center
14000 North West 41'Street
Doral,Florida 33178-3003
Telephone: (305) 592-9567
B. Department's Contract Administrator
The Chief, Bureau of Procurement and Supply is designated Contract Administrator for the
Department and is responsible for maintaining a Contract file on this Contract service and will
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serve as a liaison with the Contract Manager for the Department. The name, address and
telephone number of the Department's Contract Administrator for this Contract is:
Robert E. Staney, Chief
Bureau of Procurement and Supply
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
Telephone: (850)488-6671
Fax: (850)922-8897
E-mail: staney.bob @mail.dc.state.fl.us
C. Agency's Representative
The name, address and telephone number of the representative of the Agency is:
Lavelle Jenrette,Acting Public Works Director
City of Opa Locka
12950 N.W. 42nd Avenue
Opa Locka,Florida 33054
Telephone: (305)953-2829
Fax: (305)953-2824
E-mail: lj enrette @cityofopalocka.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.
VI. TERMINATION/CANCELLATION
Termination at Will
This Contract may be terminated by the Contractor upon no less than sixty (60) calendar days' notice and
upon no less than thirty (30) calendar days by the Department, without cause, unless a lesser time is
mutually agreed upon by both parties. 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 the last day worked.
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VII. CONDITIONS
A. Records
The Department and the Agency agree to maintain books, records and documents (including
electronic storage media) in accordance with generally accepted accounting procedures and
practices.
The Department and the Agency agree to allow public access to all documents, papers, letters, or
other materials subject to the provisions of Chapter 119 of the Florida Statutes, and made or
received by the Agency in conjunction with this Contract. It is expressly understood that
substantial evidence of either the Department's or the Agency's refusal to comply with this
provision shall constitute a breach of Contract.
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 cash 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 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 therefrom.
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
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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.
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.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
•
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IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their,undersigned
officials as duly authorized.
AGENCY: CITY OF OPA LOCKA
SIGNED °_Q A'`7
BY: (� \ "
NAME: ��t n 111� ,• e 1 t r��
TITLE: C 141 c,1103e/
DATE: )0_11110g
FEID#:
DEPARTMENT OF CORRECTIONS Approved as to form and legality,
subject to execution.
SIGNED SIGNED 7-,
BY: ./mm. BY: �
NAME: Richard D.Davison NAME: Kathleen Von Hoene
TITLE: Deputy Secretary TITLE: General Counsel
Department of Corrections Department of Corrections
DATE: /04 4P DATE: �!!c-/ )--
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Sponsored by: City Manager
Resolution No. 0 7-71 8 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA AUTHORIZING THE CITY MANAGER
TO REVISE THE CONTRACT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF CORRECTIONS TO READ
DECEMBER 15, 2006 THROUGH DECEMBER 16, 2008,
THEREBY RENEWING SAID AGREEMENT FOR AN
ADDITIONAL YEAR, ENDING DECEMBER 16, 2008, TO
PROVIDE FOR THE USE OF INMATE LABOR IN WORK
PROGRAM SERVICES, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, IN THE AMOUNT OF FIFTY-FIVE
THOUSAND SEVEN HUNDRED SEVENTY SEVEN DOLLARS
($55,777.00), PAYABLE FROM ACCOUNT NO. 41-541340
WHEREAS, the City of Opa-locka has been using inmate labor to provide services and
performing work to assist the City Departments; and
WHEREAS, inmate labor has been specifically used by the Department of Public Works
and Utilities to assist with city-wide cleanup efforts of litter removal, cutting and cleaning alleys and
other City rights-of-way as well as performing other duties assigned by the Director of Public Works;
and
WHEREAS, the renewal agreement will allow the City Departments to continue using
inmate labor to assist in providing these services.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. D7-7182
Section 2. The City Manager is hereby authorized to revise the contract agreement with
the Florida Department of Corrections to read December 15, 2006 through December 16, 2008,
thereby renewing the agreement for an additional year, ending December 16,2008,to provide for the
use of inmate labor in work program services, in substantially the form attached hereto, in the
amount of fifty-five thousand seven hundred seventy seven dollars ($55,777.00), payable from
Account No. 41-541340.
PASSED AND ADOPTED this 14 day of NOVEMRFR , 2007.
CY:}44
MAYOR 1
Attest to: Approved as to form and legal sufficiency:
--- aa`i4. .46
•
ITY e C A RNEY,
/1 . 987
DATE
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER TYDUS
Commission Vote: 4-0
Commissioner Holmes: yes
Commissioner Tydus: yes
Commissioner Miller: not present
Vice-Mayor Johnson: yes
Mayor Kelley: yes
C:\Documents and Settingslvmcleary\My Documents\Resolutions\Revise Dept.of Corrections contract.doc