Okaloosa County BOCC — December 4, 2012 — Contract between Fl. Dept. of Corrections and Okaloosa County — reading text

CONTRACT # WS805 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND OKALOOSA COUNTY, BOARD OF COUNTY COMMISSIONERS This Contract is between the Florida Department of Corrections (“Department”) and Okaloosa County, Board of County Commissioners ("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 Okaloosa County, Board of County Commissioners 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: iL CONTRACT TERM/RENEWAL A. This Contract shall begin on March 12, 2013 or the last date of signature by all parties, whichever is later, This Contract shall end at midnight one (1) year(s) from the last date of signature by all parties or March 11, 2014, 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 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 decision to exercise the option to renew should be made no later than sixty (60) days prior to the Contract expiration. Page | of 13 Master Document Revised 01/2014 CONTRACT # WS805 I. SCOPE OF CONTRACT A. Administrative Functions 1. 3. 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. Each party will retain responsibility for its personnel, and its fiscal and general administrative services to support this Contract. , 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 i. Master Document Revised 01/2011 Responsibilities of the Department 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 five (5) inmates. 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. 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. 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. The Department shall be reimbursed by the Agency for the Department’s costs associated with this Contract in accordance with Addendum A. 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 Page 2 of 13 Master Document Revised 01/2011 m, CONTRACT # WS805 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. 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 medica! treatment of ill or injured inmates and transportation of such inmates. 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. Responsibilities of the Agency 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. 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 whicli require technical assistance to complete the project. 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. 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. Page 3 of 13 Master Document Revised 01/2041 CONTRACT # WS805 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. c. Celfular 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 Page 4 of 13 CONTRACT # WS805 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. 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. I. COMPENSATION A. Payment to the Department l. 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. Total Costs To Be Billed To Agency By Contract, as delineated in Section VL, 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" day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 20" day of the last month of the preceding Contract quarter. In the event the Correctional Work