WSA1258 WORK SQUAD AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND THE UNIVERSITY OF FLORIDA This Agreement is between the Florida Department of Corrections (?Department?) and the University of Florida, Board of Trustees on behalf of its Gulf Coast Research and Education Center (GCREC) ("Agency"), which are the parties hereto. VVITNESSETH WHEREAS, Section 944.10(7) and Section 946.40, Florida Statutes (PS) and Rules 33-601.201 and 33-601.202, Florida Administrative Code (F.A.C.) 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 University of Florida is a quali?ed and willing participant with the Department to contract for an inmate work squad(s); and WHEREAS, the parties hereto ?nd it to be in their best interests to enter into this Agreement, and in recognition of the mutual bene?ts and considerations set forth, the parties hereto covenant and agree as follows: I. AGREEMENT TERM This Agreement shall begin on the date on which it is signed by both parties, and shall end at midnight ?ve (5) years from the date of execution In the event this Agreement is signed by the parties on different dates, the latter date shall control. This Agreement may be renewed for up to a ?ve (5) year period, in whole or in part, after the initial agreement term, upon the same terms and conditions contained herein, and upon agreement of both parties. Exercise of the renewal option is at the Department?s sole discretion and shall be conditioned, at a minimum, on the Agency?s performance of this Agreement. The Department, if it desires to exercise its renewal option, will provide written notice to the Agency no later than 30 calendar days prior to the Agreement expiration date. II. SCOPE OF AGREEMENT A. Department?s Responsibilities The Department agrees to provide the following, in support of this Agreement: 1. Screening of inmates for the work to be performed in order to assign inmates who do not present a danger to property or persons; 2. Up to 15 inmates each workday for the period of the Agreement, community, and minimum custody; Page 1 of 7 Master Document Revised 0112017 10. 11. 12. 13. 14. 15. 16. 17. WSA1258 Correctional Of?cer supervision of the work squad while performing work under this Local Agreement; Zero (0) vehicles, and one (1) Correctional Of?cer each workday to transport inmates to and from the work site; Food and drinks for inmate lunches; Drinking water for inmates; Apprehension of escapee(s) and handle problem inmates; 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; Administration of all disciplinary action to be taken against inmate(s) for infractions committed while performing work under this Agreement; Medical treatment of ill or injured inmates and transportation of such inmates; A background check, which includes a criminal history check, and obtain approval of the Department?s Agreement Manager, or designee prior to authorizing Non-Department Supervisors to participate in training to supervise inmates; 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; Noti?cation to the Agency in the event that an Agency employee fails to provide proper supervision of inmate(s); Inmates with all personal items of clothing appropriate for the season of the year; Inmates ready for transportation/work at the appropriate times regardless of temperature or inclement weather, unless noti?ed by the Agency of suspended work operations, or when the Department determines that a work squad should nOt check out or should be re-directed; A First Aid Kit, and Blood Borne Pathogens Personal Protective Kit to each work squad; and Orientation of each inmate in the use of equipment regardless of the inmate?s claim to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. The Department will utilize ?Inmate Safety Training,? DC2-569, to document that the inmate has had the training. This report shall be kept on ?le at the contract work site and by the Department?s Contract Manager. B. Resnonsibilities of the Anenc The Agency shall provide the following, in support of this Agreement: Page 2 of 7 Master Document Revised 0112017 WSA1258 1. The Department with a schedule of hours that inmates will work in accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule will be reported to, and coordinated with, the Department; 2. Supervision of inmates in accordance with the Department?s rules and regulations while performing work under this Local Agreement. Non-Department Supervisors may supervise Community and Minimum Custody inmates. Each Non-Department Supervisor must successfully pass a background check that includes a criminal history check, and must be approved by the Department?s Agreement Manager, or designee and complete required orientation training in the supervision of inmates, prior to assuming supervision; 3. A suitable vehicle for transportation of inmates and Correctional Of?cer each workday to and from the work site; 4. All tools, equipment, materials, and safety personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate for performance of the work under this Agreement; 5. Obtain licensing or permits if required for the work to be performed under this Agreement. Provide necessary supervision and guidance for projects that require a permit and require technical assistance to complete the project; 6. Immediate notification to the Department in the event of escape while the imnate is under supervision of the Agency. The Agency shall report any inappropriate behavior displayed by inmates or any imnate who fails to perform tasks in an acceptable manner; 7. A completed ?Community Work Squad Activities Report,? DC6-239 (to be provided by the Department) daily and shall submit the form on a weekly basis to the Department; 8. A report of all inmate injuries, regardless of how minor in nature, to the Department as soon as possible. Report any medically related complaints made by an imnate to the Department as soon as practical. In cases of emergency, the Agency shall render ?rst 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; 9. Inmates with a ?fteen-minute rest break in the morning and afternoon. Lunch breaks shall normally begin at Noon and last at least 30 minutes. The Agency shall ensure inmates are supervised during rest and lunch breaks; 10. Drinking water for inmates; 11. A requirement that each Non-Department Supervisor approved to supervise inmates and other appropriate staff members, to attend orientation/training in the supervision of inmates prior to assuming supervision of inmates and refresher training annually thereafter. Training will be provided at a Department location. Upon the Department?s issuance of a Training Certi?cation Card, the Agency shall require non?department personnel to carry this card when supervising inmate labor; 12. All work assignments/proj ects utilizing inmates are authorized projects of the municipality, city, county, governmental agency, or non-pro?t organization and that private contractors employed by the Agency do not use inmates as any part of their labor force; Page 3 of 7 Master Document Revised 01/2017 IV. 13. 14. 15. 16. WSA1258 The Agency hereby agrees to be liable for, and shall indemnify, defend and hold the Department harmless from all claims, suits, judgments, or damages including court costs and attomey?s fees arising out of intentional acts, negligence, or omissions by the Agency in its supervision of inmates pursuant to this Local Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph shall not be interpreted as altering the state?s waiver of immunity in tort pursuant to Section 768.28, .S., or to otherwise impose liability on Agency for which it would not otherwise by law be responsible; Orientation to each inmate in the use of equipment regardless of whether the inmate claims to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate Safety Training Documentation, to document that the inmate has had the training. This report shall be kept on ?le at the contract work site and a copy shall be provided to the Department; The intent of this Local Agreement is that the agency/work squad has and maintains communications 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 Department?s Agreement Manager, in writing, prior to assignment of the work squad. Dependent upon the method of communication provided, the Agreement Manager may require a secondary or back?up method of communication; and Type of Communication utilized in this Local Agreement: radio and cellular phone The Work Squad does not work on school property or primary elementary or secondary education institutions where students are present. FINANCIAL OBLIGATIONS The parties acknowledge that this Agreement is not intended to create ?nancial obligations between the parties. However, in the event that costs are incurred as a result of either or both of the parties performing their duties or responsibilities under this Agreement, each party agrees to be responsible for their own costs. AGREEMENT MANAGEMENT A. Department?s Agreement Administrator The Agreement Administrator is responsible for maintaining the of?cial Agreement ?le, processing any amendments, termination of the Agreement, and maintaining records of all formal correspondence between the parties regarding administration of this Agreement. The title, address, and telephone number of the Department?s Agreement Administrator is: Contract Administrator Bureau of Procurement Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3681 Fax: (850) 488-7189 Page 4 of 7 Master Document Revised 0 112017 VII. WSA1258 B. Agreement Managers The parties have identi?ed the following individuals as Agreement Managers. These individuals are responsible for enforcing performance of the Agreement terms and conditions and shall serve as liaison regarding issues arising out of this Agreement. FOR THE DEPARTMENT FOR THE UNIVERSITY OF FLORIDA Warden Gary E. Vallad, Associate Center Director Hardee Correctional Institution University of Florida 6901 State Road 62 14625 County Road 672 Bowling Green, Florida 33834 Wimauma, Florida 33598 Telephone: (863) 767-4500 Telephone: (813) 633-4121 Fax: (863) 767-4504 Fax: (813) 634-0001 Email: Email: REVIEW AND MODIFICATION Upon request of either party, both parties will review this Agreement in order to determine whether its terms and conditions are still appropriate. The parties agree to renegotiate terms and conditions hereof if it is mutually determined that signi?cant changes in this Agreement are necessary. There are no obligations to agree by either party. After execution of this Agreement, modi?cations to the provisions contained herein, with the exception of Section IV ., AGREEMENT MANAGEMENT, shall be valid only through execution of a formal written amendment to the Agreement. Any changes in the information contained in Section IV ., AGREEMENT MANAGEMENT, will be provided to the other party in writing and a copy of the written noti?cation shall be maintained in the official Agreement record. The Department or the Agency may suspend or terminate this Agreement, in whole or in part, with immediate written notice to the other party when the interests of the Department or Agency so require. In addition, this Agreement may be terminated with 24 hours? notice by the Department or the Agency for any failure of either party to comply with the terms of this Agreement or any applicable Florida law. OTHER CONDITIONS A. Public Records Law 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, .S., made or received by the Agency in conjunction with this Agreement. The Agency?s refusal to comply with this provision shall constitute suf?cient cause for termination of this Agreement. B. Sovereigm Immunity The Agency and the Department are state agencies or political subdivisions as de?ned in Section 768.28, PS, and agree to be fully responsible for acts and omissions of their own agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by either party to which sovereign immunity may be applicable. Further, nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. Page 5 of 7 Master Document Revised 01/2017 WSA1258 C. Background Checks The Agency?s staff assigned to this Agreement and any other person performing services pursuant thereto, shall be subject, at the Department?s discretion and expense, to a Florida Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (F CIC) background/criminal records check. This background check will be conducted by the Department and may occur or re-occur at any time during the Agreement period. The Department has full discretion to require the Agency to disqualify, prevent, or remove any staff from any work under the Agreement. The use of criminal history records and information derived from such records checks are restricted pursuant to Section 943.054, ES. The Department shall not disclose any information regarding the records check ?ndings or criteria for disquali?cation or removal to the Agency. The Department shall not con?rm to the Agency the existence or nonexistence of any criminal history record information. In order to carry out this records check, the Agency shall provide, to the institution(s) at which the program is offered, prior to the performance of any services under this Agreement, the following data for any individual contractor or subcontractor?s staff assigned to the Agreement: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver?s License Number, and State of Issue. When providing services within a correctional setting, the Agency shall obtain a Level II background screening (which includes ?ngerprinting to be submitted to the Federal Bureau of Investigation and results must be submitted to the Department prior to any current or new Agency?staff being hired or assigned to work under the Agreement. The Agency shall bear all costs associated with this background screening. The Agency shall not consider new employees to be on permanent status until a favorable report is received by the Department from the FBI. D. Independent Contractor Status The Agency shall be considered an independent Contractor in the performance of its duties and responsibilities under this Agreement. The Department shall neither have nor exercise any control or direction over the methods by which the Agency shall perform its work and functions other than as provided herein. Nothing in this Agreement is intended to, nor shall be deemed to constitute, a partnership or a joint venture between the parties. EL Prison Rape Elimination Act The Agency shall report any violations of the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 1 15, to the Department of Corrections? Agreement Manager. F. No Third Party Bene?ciaries Except as otherwise expressly provided herein, neither this Agreement, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the bene?t of, or providing a bene?t to, any party not a signatory hereto. G. Conneration with Inspector General In accordance with Section F.S., the Agency understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. H. D_iSPilte_S Any dispute concerning performance of this Agreement shall be resolved informally by the Department?s Agreement Manager. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department?s Assistant Deputy Secretary of Institutional Operations. Page 6 of 7 Master Document Revised 01l2017 WSA1258 The Assistant Deputy Secretary of Institutional Operations shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency, the Department?s Agreement Manager and the Department?s Contract Administrator. 1. Americans with Disabilities Act The Contractor shall comply with the Americans with Disabilities Act. In the event of the Contractor?s noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in Whole or in part and the Contractor may be declared ineligible for further Contracts. REMAINDER OF THIS PAGE IN TENTIONALLY LEFT BLANK 7 Page 7 of 7 Master Document Revised 0112017 WSA1258 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned of?cials as duly authorized. AGENCY: UNIVERSITY OF FLORIDA BOARD OF TRUSTEES ON BEHALF OF ITS GULF COAST RESEARCH AND EDUCATION CENTER (GCREC) SENED Wk gsd-Mer Irina Ivanova NAME: Procurement Agent TITLE: DATE: July 2, 2018 FEIN: 59-6002052 FLORIDA DEPARTMENT OF CORRECTIONS SIGNED I BY: Approved as to form and legality, subject to execution. SIGNED BY: NAME: Kasey B. *aulk TITLE: Chief, Bureau of Procurement DATE: ?1 ll?? Master Document Revised 0112017 Kenneth s. Steely TITLE: General Counsel DATE: qr/IK/ Page 8 of 7