CN-370000-RP761.pdf

CONTRACT # WS977

Master Document Revised 2014 Department Supervised squads

CONTRACT BETWEEN

THE FLORIDA DEPARTMENT OF CORRECTIONS

AND

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

This Contract is between the Florida Department of Corrections (“Department”) and Florida Department of Environmental Protection ("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, Florida Department of Environmental Protection 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. Contract Term

This Contract shall begin on July 1, 2015 or the last date of signature by all parties, whichever is later.

This Contract shall end at midnight three years from the last date of signature by all parties or June

30, 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.

Master Document Revised 2014

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. Through their designated representatives, the parties shall collaborate, as needed, on the development of policies and operational procedures for the effective management and operation of this Contract. Any changes to the scope of this contract, with the exception of Section IV, CONTRACT MANAGEMENT, shall be by formal written amendment.

3. The Department or the Agency reserves the right to add or delete work squad(s), inmates or locations from services as outlined in Attachment A and B. Either the Department or the Agency may initiate a written request for addition or deletion of work squad(s), inmates or location without a formal contract amendment.

B. Description of Services

1. Responsibilities of the Department when the Department Supervises the Work Squad

When the Department supervises the Work Squads, the individual responsibilities of the Department and the Agency are listed in Attachment A.

2. Responsibilities when the Agency Supervises the Work Squads

When the Agency supervises the Work Squads, the individual responsibilities of the Agency and the Department are listed in Attachment B.

3. The Department and Agency mutually agree to the following:

a. 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; or if notified by the Agency of suspended work operations. The Agency, in coordination with the Warden of the institution, may send a Non- Department of Corrections Inmate Supervisor to pick-up and work inmates during periods when an assigned Correctional Work Squad Officer is unavailable at no cost to the Agency.

b. 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 damage or lost property or equipment.

c. The Department shall be reimbursed by the Agency for the Department’s inmate labor costs associated with this Contract at the rate specified in Section III., A.

Master Document Revised 2014 Department Supervised squads

Payment to the Department. DEP MFMP purchase order must be issued by the Agency to authorize the Department to provide work squads under this Contract.

d. The Department shall maintain records of inmate works hours and shall submit each request for reimbursement to the Agency with appropriate supporting documentation.

e. 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.

f. The Department shall provide food and drinks for inmates’ lunches. The Department shall provide drinking water for inmates.

g. 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.

h. The Department shall be responsible for administering all disciplinary action taken against an inmate for infractions committed while performing work under this Contract.

i. The Department shall provide for medical treatment of ill or injured inmates and transportation of such inmates. This includes provision of a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each work squad.

j. The Department shall provide inmates with all personal items of clothing appropriate for the season of the year.

l. The Department makes no representation either express or implied, as to the level of skill of the Work Squad(s).

m. The Department shall conduct a background check, which includes a criminal history check on all Non-Department Supervisors and retains the right to approve Non-Department Supervisors for participation in training to supervise inmates.

n. The Agency shall provide the Department’s Contract Manager with a schedule of hours/work to be accomplished under the terms of this Contract. Deviation from the established schedule shall be reported to, and coordinated with, the Department.

o. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental agency, or non-profit organization and the private contractors employed by the Agency do not use inmates as any part of their labor force.

p. The Agency shall provide all tools, equipment, materials, and personal safety items such as gloves, rubber boots, and hard hats, that are necessary and appropriate to performance of the work under this Contract.

q. The Agency shall ensure that the Work Squad does not work on school property or at any primary, elementary, or secondary educational institution or daycare and similar facilities where students are present.

Master Document Revised 2014 Department Supervised squads

r. If required in Attachment A, the Agency shall provide vehicles for transportation of the Work Squad(s). The vehicles operating cost such as fuel, maintenance, and repairs shall be the responsibility of the Agency.

4. Communications Equipment

It is the intent of this Contract that the Work Squads listed in Attachments A & B shall have and maintain communication with the institution at all times. The Agency shall have a primary method of communications (such as radios, telephone, cellular phone, etc.), that shall be approved by the Contract Manager in writing prior to assignment of the Work Squad. Dependent upon the primary method of communication, the Contract Manager may require a secondary or back-up method of communication.

5. Other Equipment

The Contract Manager and the Agency shall determine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract.

The Agency shall provide the trailer at no cost to the Department.

If the Department maintains the trailer when the squad is not working, the enclosed trailer shall be capable of being 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 Costs To Be Billed To Agency By Contract

a. The Agency shall compensate the Department for services as specified in Section II, SCOPE

OF CONTRACT, at the rate of two dollars ($2.00) per hour for each inmate on the assigned work squad. Inmate assignment or work related records reflecting hours worked will be submitted to the Agency when payment is requested.

b. The Agency shall insure any vehicles owned by the Agency used under this Contract.

c. 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, this Contract shall be amended to adjust to such new rates.

2. Submission of Invoice by the Department

The Department shall submit a monthly invoice to the Agency at the address shown in Section IV., C., Agency’s Representative.

B. Official Payee

The name and address of the Department’s official payee to whom payment shall be made is as follows:

Master Document Revised 2014 Department Supervised squads

Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317-3600

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 name, address and telephone number of the Department’s Contract Manager for this Contract is:

Chief, Bureau of Security Operations Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3014 Fax: (850) 413-8184

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, FL 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:

Matthew W. Mask, Interim CSO Volunteer Coordinator Florida Department of Environmental Protection Bureau of Operational Services 3800 Commonwealth Boulevard, MS #535 Tallahassee, Florida 32399 Telephone: 850-245-2813 Email: Matthew.Mask@dep.state.fl.us

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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 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

Each party’s performance under this Contract is contingent upon an annual appropriation by the legislature. Department’s performance is also contingent upon receipt of payments pursuant to Section III, COMPENSATION.

C. Disputes

Any dispute concerning performance of the Contract shall be resolved informally by the Contract Manager. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department’s Correctional Program Administrator, Office of Institutional Support. The Correctional Program Administrator, Office of Institutional Support, 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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Master Document Revised 2014

ATTACHMENT A

1. Responsibilities of the Department if Department is Supervising the Work Squads

a. If the Department is supervising the Work Squads, the Department shall provide Work Squad(s), and inmates as listed in Attachment A., 3., Work Squads and Institutions List.

b. The Department shall keep physical custody of the vehicles, trailers, and all tools, equipment, supplies, materials and personal safety items (gloves, boots, hard hats, etc.) furnished to the Department, 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.

c. The Department shall provide vehicles for transportation of the work squads each workday to and from the work site as required in Attachment A.

d. The Department shall complete the Community Work Squad Activities Report, DC6-239 on a daily basis.

e. The Department shall provide orientation for each inmate in the use of equipment regardless of the inmate’s claim to having had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use the equipment. The Department shall complete Form DC2-569, Inmate Safety Training, to document that the inmate has had the equipment training. This report shall be kept on file at the contract work site and shall be provided to the Department’s Contract Manager.

2. Responsibilities of the Agency

a. The Agency shall sign the Community Work Squad Activities Report, DC6-239 (to be provided by the Department) verifying the performance of the work squad.

b. If required, the Agency shall provide orientation for each inmate in the use of equipment regardless of the inmate’s claim to having had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use the equipment. The Agency shall complete Form DC2- 569, Inmate Safety Training, to document that the inmate has had the equipment training. This

3. Work Squads and Institutions List

Listed below are the Work Squads that will be supervised by the Department, Institutions responsible for the Work Squad, Agency Representatives, and other related information:

Work Squads and Institutions List dated July 1, 2015

Institution Agency Location Agency Representative Number of Squads Number of Inmates not to exceed

Avon Park

CI

Highlands Hammock State Park

Steve Dale Assistant Park Manager 5931 Hammock Road Sebring, FL 33872 863-386-6099 1 5

Polk CI Tenoroc WMA

Marisa Rhian 2001 Homeland Garfield Rd Bartow, FL 33830 863-534-7077 1 3

Liberty CI

Torreya State Park Steven Cutshaw Park Manager 2576 NW Torreya Park Road Bristol, FL 32321 850-643-2987

1 10

Lancaster

CI

Manatee Springs State Park

Larry Steed Florida Department of Environmental Protection 11650 NW 115th Street Chiefland, Florida 32626 352-493-6089

1 6

ATTACHMENT B

1. Responsibilities of the Agency when Agency is Supervising the Work Squads

a. Each Non-Department Supervisor must successfully pass a background check that includes a criminal history check, and must be approved by the Department’s Contract Manager, or designee and complete required orientation/training in the supervision of inmates, prior to assuming supervision. The Agency shall provide supervision of inmates in accordance with the Department’s rules and regulations while performing work under this Contract. The rules and regulations will be provided during the initial orientation/training of each Non-Department Supervisor. All Non- Department Supervisors shall attend refresher training annually thereafter. Training will be provided at a Department location. The Agency shall pay for all travel costs for Non-Department Supervisors attending training. Upon the Department’s issuance of a Training Certification Card, the Agency shall require the non-department personnel to carry this card when supervising inmate labor.

b. The Agency shall provide vehicles for transportation of the work squads each workday to and from the work site. Vehicles shall be insured by the Agency.

c. The Agency shall keep physical custody of the vehicles, trailers, and all tools, equipment, supplies, materials and personal safety items (gloves, boots, hard hats, etc.) and shall maintain an inventory of all property, expendable and non-expendable.

d. The Agency shall immediately notify the Department in the event of an escape while the inmate is under supervision of the Agency and shall report any inappropriate behavior displayed by inmates or any inmate who fails to perform tasks in an acceptable manner.

e. The Agency shall complete the Community Work Squad Activities Report, DC6-239 (to be provided by the Department) daily and submit the form on a weekly basis to the Department.

f. The Agency shall report all inmate injuries, regardless of how minor in nature, to the Department as soon as possible and report any medically-related complaints made by an inmate to the Department as soon as practical. In cases of emergency, agency personnel shall render first aid, within the scope of the supervisor’s medical training, to work squad inmates and provide emergency health care and related assistance to the Department.

g. The Agency shall provide inmates with a fifteen-minute rest break in the morning and afternoon.

Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes. The Agency shall ensure that inmates are supervised during rest and lunch breaks.

h. The Agency shall provide drinking water for the inmates.

i. The Agency shall provide orientation for each inmate in the use of equipment regardless of the inmate’s claim to having had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use the equipment. The Agency shall utilize Form DC2- 569, Inmate Safety Training, to document that the inmate has had the equipment training. This

2. Responsibilities of the Department

a. The Department shall provide inmates as listed in Attachment B., 3. Work Squads and Institutions List.

b. The Department shall provide orientation and training to Non-Department Supervisor(s) approved to supervise inmates prior to their assuming supervisory responsibility of an inmate work squad.

Training will be in accordance with the Department’s guidelines for Non-Department Supervision of Inmates and will include annual refresher training during each successive year of supervision by the Non-Department Supervisor. The Department shall issue the non-department supervisors a Training Certification Card upon completion of the training.

c. The Department shall notify the Agency in the event that an Agency employee fails to provide proper supervision of inmate(s).

3. Work Squads and Institutions List

Listed below are the Work Squads that will be supervised by the Agency, Institutions responsible for the Work Squad and other related information.

Work Squads and Institutions List dated July 1, 2015

Institution Agency

Number of Inmates not to exceed

Lancaster CI Ichetucknee Springs State Park 8

Big Pine Key Road Prison Bahia Honda State Park 3

Wakulla CI Wakulla Springs State Park 6

Hamilton CI Stephen Foster Cultural Center 6

Putnam CI Ravine Gardens State Park 6

Gainesville WC Paynes Prarie Perserve State Park 5