FLORIDA Governor DEPARTMENT of RICK SCOTT CORRECTIONS Secretary Changing Lives to JULIE L. JONES Ensure a Safer Florida 501 South Calhoun Street, Tallahassee, FL 323 99~2500 July 15, 2015 Peter J. Stoffella, Center Director University of Florida Indian River Research and Education Center 2199 South Rock Road Ft. Pierce, FL 34945?3 13 8 RE: Work Squad Contract Dear Mr. Stoffella: Enclosed is your fully executed original document for your ?les of Work Squad Contract between the Department of Corrections and your agency. This Contract will replace current Contract effective November 25, 2015. As a reminder, please be advised: to include the Contract 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 of?ce; 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, jo?n @upree John Dupree GOC Il Bureau of Contract Management and Monitoring Enclosure Trust Respect 1t Accountability Integrity Leadership CONTRACT W1019 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS ANT) OF FLORIDA This Contract is between the Florida Department of Corrections (?Department?) and University of Florida ("Agency") which are the parties hereto. WTTNES SETH WHEREAS, Section 944.10(7) and Section 946.40, Florida Statutes and Rules 33?601.20l and 33-601202, 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, 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 Contract, and in recognition of the mutual bene?ts and considerations set forth, the parties hereto covenant and agree as follows: 1. CONTRACT A. Contract Term This Contract shall begin on November 25, 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 24, 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. Page 1 of8 Master Document Revised 2013 Department Supervised squads CONTRACT 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. Through their designated representatives, the parties shall collaborate, as needed, on the 2. 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. B. Description of Services 1. Responsibilities of the Department a. Pursuant to Chapter F.A.C., supervision of the work squad(s) will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Of?cer position(s) to supervise an inmate work squad(s). This Contract provides for one (1) Work Squad(s) of up to ?ve (5) inmates, per squad. 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 Of?cer is necessary for reasons of required participation in training or approved use of leave; when the of?cer?s presence is required at the institution to assist with an emergency situation; when the of?cer is ill; or when the Correctional Work Squad Of?cer position is vacant. In the event a position becomes vacant, the Department shall make every effort to ?ll the position(s) within ?ve (5) working days. c. 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 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. 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 inmate labor costs associated with this Contract at the rate speci?ed in Section 111., A. The Department shall maintain records of inmate work hours and shall submit each request for reimbursement to the Agency with appropriate supporting documentation. Page 2 of8 Master Document Revised 2013 Department Supervised squads Master Document Revised 2013 Department Supervised squads CONTRACT W1019 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 provide drinking water for inmates. 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 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. 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. The Department shall provide vehicles for transportation of work squad(s). Both parties agree that the Department makes no representation, whether express or implied, as to the level of skill of the work squads. The Department shall complete the Community Work Squad Activities Report, daily and submit the form on a weekly basis to the Agency?s Contract Manager or his/her designee for signature and approval as indicated in Section II., B., 2., g. 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. 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. 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 Page 3 of 8 CONTRACT W1019 transportation, tools and equipment belonging to the Agency, which remain in the care, custody and control of the Department and that are assigned to this Contract. 6. If required by the Department?s Supervising Of?cer, the Agency shall orient 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 equipment training. This report shall be kept 011 file at the Contract work site and a copy shall be submitted to the Department?s Contract Manager. f. The Agency shall provide all tools, equipment, materials and personal safety items such as gloves, rubber boots, hard hats, etc., necessary and appropriate for performance of the work under this Contract. g. The Agency shall verify and sign the completed Community Work Squad Activities Report, (to be provided by the Department). Communications Equipment It is the intent of this Contract that the Work Squad has and maintain communication with the institution at all times. The Department shall have a primary method of communications (such as radios, telephone, cellular phone, etc.). 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 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. 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 speci?ed in Section II, SCOPE OF CONTRACT, at the rate of two dollars per hour for each inmate on the assigned work squad. Inmate assignment or work related records re?ecting hours worked will be submitted to the Agency when payment is requested. The Agency shall insure any vehicles owned by the Agency used under this Contract. 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. Page 4 of8 Master Document Revised 2013 Department Supervised squads IV. CONTRACT W1019 2. Submission of Invoice by the Department The Department shall submit a invoice to the Agency at the address shown in Section IV., C., Agency?s Representative. Of?cial Payee The name and address of the Department?s of?cial 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 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: Warden Okeechobee Correctional Institution 3420 NE. 168th Street Okeechobee, FL 34972 Telephone: (863) 462-5400 Department?s Contract Administrator The Contract Administrator for the Department is responsible for maintaining a Contract ?le 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 Phone: (850) 717-3681 Fax: (850) 488-7189 Page 5 of 8 Master Document Revised 2013 Department Supervised squads VI. VII. CONTRACT W1019 C. Agency?s Representative The name, address and telephone number of the representative of the Agency is: Peter I. Stoffella, Center Director University of Florida Indian River Research and Education Center 2199 South Rock Road Ft. Pierce, FL 34945?3 13 8 Phone: 772-468?3 922 Email: pjs@ufl.edu 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 noti?cation attached to originals of this Contract. CONTRACT MODIFICATIONS Modi?cations 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. Termination at Will This Contract may be terminated by either party upon no less than thirty (3 0) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered by certi?ed 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. 0NDITION 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 suf?cient cause for termination of this Agreement. B. Annual Appropriation Both party?s performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of payments pursuant to Section 111, COMPENSATION. Master Document Revised 2013 Department Supervised squads CONTRACT W1019 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 Department?s Correctional Program Administrator, Of?ce of Institutional Support. The Correctional Program Administrator, Of?ce 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 aets of God, civil, or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, ?re, explosions, earthquakes, ?oods, 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 N0 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 identi?ed 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 Bene?ciaries 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 bene?t of, or providing a bene?t 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. THIS SPACE INTENTIONALLY LEFT BLANK Page 7 of8 mast?'r'Document HeVised'ZU'l'S Department Supervised squads CUNTRACT W1019 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. modi?cation 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 contains 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 of?cials as duly authorized. AGENCY: UNIVERSITY OF FLORIDA SIGNED ?a University of Florida Purchasing Division PO Box ii5250102 Eimore Hail, Room rigomosviie Flori da 32611 5250 Approved as to form and legality, subject to execution. SIGNED f, BY: @3ng ?my t. if WW. ii NAME: Kelley J. So?o Qenmfe? A. Parker TITLE: Director, Of?ce of Administration TITLE: General Counsel Departrne of Corrections Department of Corrections DATE: ?i if DATE: gig jg: i i Page 8 of 8 Department Supervised squads