CITY OF DELAND FLORIDA REQUEST FOR COMMISSION ACTION. Au ust Attachments. Approved

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1 De artment Publc Works De artment Subject Renewal of Contracts wth Florda Department of Correctons Contract WS691 and WS702 CTY OF DELAND FLORDA REQUEST FOR COMMSSON ACTON Au ust Attachments X Contract WS691 Zenewal X Contract WS7021Zenewal Prepared by C Heath Frederck Approved by lqaf evu r u De artment Head Keth D R er C Mana er Mchael Pleus a u SUMMARY HGHLGHT The Publc Works Department s currently asssted by two nmate work crews from the Tomoka Correctonal nsttute These crews and ther assgned work squad offcers are provded on a contract bass Generally the Cty pays the Department of Correctons for ts costs to provde the nmates ncludng payroll costs for the work squad offcers and mscellaneous expenses The nmate crews perform mowng throughout all Cty facltes general landscape retenton pond mantenance and assst n a varety of projects around the Cty The Cty of DeLand has receved orgnal contracts for both nmate work crew WS691 and WS702 from the State of Florda Department of Correctons The renewal of these contracts wll allow the Cty to contnue to utlze the work squads for a one 1 year perod Contract WS691 wll renew wth an effectve date of September Through September and contract WS702 renews wth an effectve date of October l 2011 through September The contracts wth the Florda Department of Correctons FDOC provdes for two crews of nmate help fve days a week eght hours a day and provdes a Correctonal Work Squad Offcer to supervse each crew of eght nmates The contract further states that the Cty of DeLand wll contnue to provde cell phones and servce for alternatve communcatons wth Tomoka Correctonal nsttute STRATEGC PLAN FOCUS AREA ACTON STEP Use of the nmate work crews further the Strategc Plan Focus Area by promotng Sense of Communty and the acton steps Ensure that the qualty of publc mprovements s mantaned through a long term mantenance plan FSCAL MPACT The renewal of our contract WS691 wth FDOC wll mpact the General Fund n the amount of The cost of the contract WS702 wll be pad n equal amounts by the Stormwater Fund and the Utlty Enterprse Fund n the total amount of Funds for these contracts are ncluded n the proposed FY budget Cell phone servce wll mpact the General and Stormwater fund n the amount of 570 each for the year The Cty wll contnue to provde vans tralers and tools to the nmate work crews The value of ths equpment s estmated to be approxmately per year n addton the use of the nmate work squads provdes the Cty wth more than n savngs n cost when compared to employng 16 full tme mantenance workers to perform the same actvtes g

2 Page 2 of 2 August l 2011 SUBJECT Renewal of Contracts wth Florda Department of Correctons nmate Servces RECOMMENDATON t s recommended that the Cty Commsson approve the contract renewals wth the Florda Department of Correctons to provde the Cty wth two work squads of nmates and two supervsory correctonal offcers for an annual cost of and authorze the Mayor to execute the proposed contracts BACKGROUND DSCUSSON The renewal of both contracts wll be done n leu of addtonal full tme employees for the Publc Works Department for the fscal year After evaluatng the mantenance requrements and needs of the Cty the Publc Worlcs Department must contnue to utlze the servces of both nmate work squads The current and future mantenance demands of the Publc Works Department along wth the on gong requests for use of the nmate work squads by varous Cty departments wll not allow for removal of one work squad from Publc Works n the future as the nfrastructure mantenance responsblty of Publc Vorks grows the Cty wll need to consder addng addtonal staff along wth renewng the contracts for both nmate work squads n order to avod an unacceptable decrease n level of servce

3 w p j OF C z o FLORDA DEPARTMENT of CORRECTONS L 1 r o Governor FF PU ZOtt RCK SCOTT Secretary An Equal Opportuaq Employer EDWN G BUSS 501 Soutll Calhoun Street Tatlahlssee FL July http www dc state fl us Marvn Wllams Cty of Deland 1102 South Garfeld Avenue Delarld Florda Telephone RE Work Squad Contract WS691 Dear Mr Wllams Enclosed for sgnatures are two 2 orgnas of Work Squad Contract WS691 between the Department of Correctons and your organzaton Ths Contract wll replace current Contraet WS547 effectve September Please have both orgnals of the enclosed Contracts s ned a1d return both ornals to ths offce va Express Mal for further processng as soon as possble Once the Contract has been executed by the Department one executed orgnal of the Contract wll be returned to you To provde for a seamless transton n contractng please have both orgnals sgned and returned byau ust As a remnder please be advsed to nclude the Contract WS691 on all correspondence that changes to the scope of servces cannot be made except through a formal Contract amendment executed by both partes and ssued by ths offce and that servces may not be provded after the expraton date unless the Contract has been extended or renewed Tf there are any questons please call me at Sncezel l Crsty Wllams Government Operatons Consultant Bureau of Procurement and Supply Enclosure

4 y CONTRACT WS691 CONTRACT BETWEEN THE FLORDA DEPARTMENT OF CORRECTONS AND CTY OF DELAND Ths Contract s between the Florda Department of Correctons Department and Cty of Deland Agency whch are the partes hereto WTNESSETH Wf lereas Secton and Secton Florda Statutes and Rules and Florda Admnstratve Code provde for the use of nmate labor n work programs WHEREAS nmate labor wll be used for the purposes of provdng servces and performng work under the supervson of the Department s staff WHEREAS Cty of Deland s a qualfed and wllng partcpant wth the Department to contract for an nmate work squad and WHEREAS the partes hereto fnd t to be n ther best nterests to enter nto ths Contract and n recognton of the mutual benefts and consderatons set forth the partes hereto covenant and agree as follows CONTRACT TERM RENEWAL A Contract Term Ths Contract shall begn on September or the last date of sgnature by all partes whchever s later Ths Contract shall end at mdnght one 1 year s from the last date of sgnature by all partes or September whchever s later n the event ths Contract s sgned by the partes on dfferent dates the latter date shall control B Contract Renewal Ths Contract may be renewed at the opton of the Agency for one 1 addtonal one 1 year perod after the ntal Contract perod upon the same terms and condtons contaned heren The Contract renewal s at the Agency s ntatve wth the concurrence of the Deparhnent The Agency f t desres to renew ths Contract shall exercse ts opton no later than sxty 60 days pror to the Contract expraton Master pocument Revsed 2011 Page 1 of 12

5 j CONTRACT WS691 SCOPE OF CONTRACT A Admnstratve Functons Each party shall cooperate wth the other n any ltgaton or clams aganst the other party as a result of unlawful acts commtted by an nmate s performng servces under ths Contract between the partes Each party wll retan responsblty for ts personnel and ts fscal and general admnstratve servces to support ths Contract Through ther desgnated representatves the partes shall collaborate on the development of polces and operatonal procedures for the effectve management and operaton of ths Contract B Descrpton of Servces 1 Responsbltes of the Department a Pursuant to Chapter 33 60L202a FAC supervson of the work squad wll be provded by the Department The Deparhnent shall provde one 1 Correctonal Work Squad Offcer poston to supervse an nmate work squad Ths Contract provdes for one 1 Work Squad s of up to eght 8 nmates b The Department shall ensure the avalablty of the work squad except when weather condtons are such that to check the squad out would breach good securty practces when the absence of the Correctonal Work Squad Offcer s necessary for reasons of requred partcpaton n tranng or approved use of leave when the Offcer s presence s requred at the nsttuton to assst wth an emergency stuaton when the offcer s ll or when the Correctonal Work Squad Offcer poston s vacant n the event a poston becomes vacant the Department shall make every effort to fll the poston wthn fve 5 workng days c For securty and other reasons the Department shall keep physcal custody of the vehcles tralers and all tools equpment supples materals and personal work tems gloves boots hard hats etc furnshed by the Agency The Department shall mantan an nventory of all property expendable and non expendable provded by the Agency whch s n the care custody and control of the Department A hand recept shall be sgned by the Department s Work Squad Supervsor upon the ssuance and return of non expendable tems d n the event of damage to property as a result of an accdent charged to a Department employee or blatant acts of vandalsm by nmates or loss of tools and equpment the Agency may request that the Department replace ot repar to prevous condton the damaged or lost property e The Department shall be rembursed by the Agency for the Department assocated wth ths Contract n accordance wth Addendum A s costs Master pocument Revsed 01l2011 Page 2 of 12

6 CONTRACT WS691 Once the Agency remburses the Department for the costs reflected on Addendum A Secton V these tems wll be placed on the Department s property records as approprate and upon the end or termnaton of ths Contract such tems wll be transferred to the Agency f g h j k l The Department shall to the maxmum extent possble mantan stablty n the nmate work force assgned to the work squad on aday to bass n order to ma mze the effectveness of the work squad The Department shall provde food and drnks for nmates lunches The Department shall be responsble for the apprehenson of an escapee and handlng of problem nmates The Department shall provde transportaton from the work ste to the correctonal faclty for nmates who refuse to work become unable to work or cause a dsrupton n the work schedule The Department shall be responsble for admnsterng all dscplnary acton taken aganst an nmate for nfractons commtted whle performng work under ths Contract The Department shall provde for medcal treatment of ll or njured nmates and transportaton of such nmates The Department shall provde nmates wth all personal tems of clothng approprate for the season of the year The Department shall be responsble for drvng the Correctonal Work Squad Offcer and the nmates to and from the work ste m Both partes agree that the Department s makng no representatons as to the level of sklls of the work squad 2 Responsbltes of the Agency a The Agency shall perodcally provde the Department s Contract Marager wth a schedule of work to be accomplshed under the terms of ths Contract Devaton from the establshed schedule shall be reported to and coordnated wth the Department b f requred the Agency shall obtan lcenses or permts for the work to be performed The Agency shall provde supervson and gudance for projects that requre a permt or whch requre techncal assstance to complete the project a The Agency shall ensure that all projects utlzng nmates are authorzed projects of the muncpalty cty county governmental Agency or non proft organzaton and that prvate contractors employed by the Agency do not use nmates as any part of ther labor force Master pocument Revsed Page 3 of 12

7 j CONTRACT WS691 d e The Agency shall retan ownershp of any vehcles or equpment provded by the Agency for the work squad The Agency shall mantan ts own nventory of transportaton tools and equpment belongng to the Agency The Agency shall provde vehcles for transportaton of the work squads 3 Communcatons Equ ment t s the ntent of ths Contract that the Work Squad have and mantan communcaton wth the nsttuton at all tmes A rnethod of communcaton rados cellular phone etc shall be provded at no cost to the Department The Agency shall provde a prmary method of communcaton that shall be approved by the Contract Manager n wrtng pror to assgnment of the work sqtad Dependng upon the method of communcaton provded the Contract Manager may requre a secondary or back up method of communcaton All rado communcaton equpment owned or purchased by the Agency that s programmed to the Department s rado frequency and used by the work squad whether purchased by the Deparhnent or the Agency shall be MMEDATELY deprogrammed by the Department at no cost to the Agency upon the end or termnaton of ths Contract Under no crcumstances shall the Agency accept the return of rado communcatons equpment provded to the Deparhnent under ths Contract untl such tme as the rado communcatons equpment has been deprogrammed by the Department At the end or termnaton of ths Contract the Department s Contract Manager wll contact the Department s Utlty Systems Communcatons Engneer n the Bureau of Feld Support Servces CentralOf ce to effect the deprogrammng of rado communcatons equpment provded by the Agency a Vehcle Mounted Rados b Vehcles provded by the Agency that are or that wll be equpped wth a moble vehcle mounted rado programmed to the Department s rado frequency es wll be retaned by the Deparhnent to ensure securty of the communcaton equpment except for short duratons dctated by the need for vehcle and or communcatons equpment mantenance and or repar The use of these vehcle s durng the perod covered by ths Contract shall not be for any purpose other than as ndcated n ths Contract Hand Held Rados Hand held rados provded by the Agency that are or that wll be programmed to the Department s rado frequency es wll be retaned by the Department to ensure securty of the communcaton equpment except for short duratons dctated by the need for mantenance andlor repar The use of any hand held rado s provded by the Agency that s programmed to a Department rado frequency utlzed by the Agency durng the perod covered by ths Contract shall not be for any purpose other than as ndcated n ths Contract j Master pocument Revsed 2011 Page 4 of 12 1

8 j CONTRACT WS691 c Cellular Phones 4 Other Eu ment Cellular phones may be utlzed by the work squad offcer as ether a prmary or secondary means of communcaton as approved by the Contract Manager The Contract Manager shall desgnate whether the usage of a cellular phone s requred on Addendum A The cellular phone wll be retaned by the Department and upon the end or termnaton of ths Contract returned to the Agency The use of the cellular phone s not authorzed for any purposes other than as ndcated n ths Contract The Contract Manager shall determne f an enclosed traler s requred for the work squad to transport tools and equpment utlzed n the performance of ths Contract and shall notfy the Agency when a traler s necessary The Contract Manager shall desgnate whether the usage of an enclosed traler s requred on Addendum A f a traler for the work squad s provded by the Agency at no cost to the Department and the Deparhnent mantans the traler when the squad s not workng the Agency shall provde an enclosed traler that can be secured when not n use All tools and equpment utlzed by the work squad shall be secured n the traler Upon the end or termnaton of ths Contract the traler wll be returned to the Agency COMPENSATON A Pavment to the Department 1 Total Operatng Captal To Be Advanced By Agency as delneated n Secton V of Addendum A shall be due and payable upon executon of the Contract The Department wll not proceed wth the purchase untl payment n full has been receved and processed by the DepartmenYs Bureau of Fnance and Accountng Delays n recept of these funds may result n start up postponement or nterrupton of the servces provded by the Work Squad 2 Total Costs To Be Blled To Agency By Contract as delneated n Secton V of Addendum A wll be made quarterly n advance wth the frst payment equalng one fourth of the total amount due wthn two 2 weeks after the effectve date of the Contract The second quarterly payment s due no later than the 20 day of the last month of the frst Contract quarter Payment for subsequent consecutve quarters shall be receved no later than the 20 day of the last month of the precedng Contract quarter 3 n the event the Correctonal Work Squad Offcer poston becomes vacant and remans vacant for a perod of more than fve 5 workng days the next or subsequent bllng wll be adjusted by the Department for servces not provded 4 The Agency shall nsure any vehcles owned by the Agency used under ths Contract 5 The rate of compensaton shall reman n effect through the term of the Contract or subsequent to legslatve change n the event there s an ncrease decrease n costs Addendum A ths Contract shall be amended to adjust to such new rates dentfed n Master pocument Revsed Page 5 of 12

9 CONTRACT WS691 B Offcal Payee The name and address of the Department s offcal payee to whom payrnent shall be made s as follows Department of Correctons Bureau of Fnance and Accountng Attn Professonal Accountant Supervsor Centervlle Staton Call Box Tallahassee Florda C Submsson of nvoce s The name address and phone number of the Agency s offcal representatve to whom nvoces shall be submtted to as follows Heath Fre terck Drector Cty of Deland Publc Works 1102 South Garfeld Avenue Deland Florda Telephone Fax Emal frederckh adeland ors V CONTRACT MANAGEMENT The Department wll be responsble for the project management of ths Contract The Department has assgned the followng named ndzvduals address and phone number as ndcated as Contract Manager and Contract Admnstrator for the Project A Department s Contract Mana er The Warden of the Correctonal nsttuton represented n ths Contract s desgnated Contract Manager for the Department and s responsble for enforcng performance of the Contract terms and condtons and shall serve as a lason wth the Agency The poston address and telephone number of the Department s Contract Manager for ths Contract s Warden Tomoka Correctonal nsttuton 3950 Tger Bay Road Daytona Beach Florda Telephone B DeparEmenYs Contract Admnstrator The Chef Bureau of Procurement and Supply s desgnated Contract Admustrator for the Deparhnent and s responsble for mantanng a Contract fle on ths Contract servce and wll serve as a lason wth the Contract Manager for the Departmenf The name address and telephone number of the Department s Contract Admnstrator for ths Contract s Master pocument Revsed Q Page6of12

10 CONTRACT WS691 Chef Burea 0 of Procurement and Supply Florda Department of Correctons Malng Address Physcal Address 501 South Calhoun Street 4070 Esplanade Way Tallahassee Florda Tallahasse Florda Telephone Fax C Aenc ys Representatve The name address and telephone number of the representatve of the Agency s Heath Frederck Drector Cty of Deland Publc Works 1102 South Garfeld Avenue Deland Florda Telephone D Ces to Des ees n the event that dfferent representatves are desgnated by ether party after executon of ths Contract notce of the name and address of the new representatves wll be rendered n wrtng to the other party and sad notfcaton attached to orgnals of ths Contract V CONTRACT MODFCATONS Modfcatans to provsons of ths Contract shall only be vald when they have been rendered n wrtng and duly sgned by both partes The partes agree to renegotate ths Contract f stated revsons of any applcable laws regulatons or ncreases decreases n allocatons make changes to ths Contract necessary V TERNNATON CANCELLATON Ternunaton at Wll Ths Contract may be termnated by the Agency upon no less than sxty 60 calendar days notce and upon no less than thry 30 calendar days by the Departrrtent wthout cause unless a lesser tme s mutually agreed upon by both partes Notce shall be delvered by certfed mal return recept requested by other method of delvery whereby an orgnal sgnature s obtaned or n person wth proof of delvery n the event of termnaton the Departrnent shall be pad for a11 costs ncurred and hours worked up to the tme of termnaton The Department shall remburse the Agency for any advance payments prorated as of the last l day worked V CONDTONS A Records The Department and the Agency agree to mantan books records and documents ncludng electronc storage meda n accordance wth generally accepted accountng procedures and praccces Master pocument Revsed 2011 Page 7 of 12

11 CONTRACT WS691 The Department and the Agency agree to allow publc access to all documents papers letters or other materals subject to the provsons of Chapter 119 of the Florda Statutes and made or receved by the Agency n conjuncton wth ths Contract t s expressly understood that substantal evdence of ether the Department s or the Agency s refusal to comply wth ths provson shall consttute a breach of Contract B Annual Apropraton The Department s performance under ths Contract s contngent upon an annual appropraton by the legslature t s also contngent upon recept of payments as outlned n Addendum A and n Secton COMPENSATON C Dsputes Any dspute concernng performance of the Contract shall be resolved nformally by the Contract Manager Any dspute that can not be resolved nformally shall be reduced to wrtng and delvered to the Assstant Secretary of nsttutons The Assstant Secretary of nsttutons shall decde the dspute reduce the decson to wrtng and delver a copy to the Agency wth a copy to the Contract Admnstrator and Contract Manager D Force Majeure E F Nether party shall be lable for loss or damage suffered as a result of any delay or falure n performance under ths Contract or nterrupton of performance resultng drectly or ndrectly from acts of God cvl or mltary authorty acts of publc enemy war rots cvl dsturbances nsurrectons accdents re explosons earthquakes floods water wnd lghtnng strkes labor dsputes shortages of sutable parts materals labor or transportaton to the extent such events are beyond the reasonable control of the party clamng excuse from lablty resultng there from Severabltv The nvaldty or unenforceablty of any partcular provson of ths Contract shall not affect the other provsons hereof and ths Contract shall be construed n al respects as f such nvald or unenforceable provson was omtted Verbalnstructons No negotatons decsons or actons shall be ntated or executed by the Agency as a result of any dscussons wth any Department employee Only those communcatons whch are n wrtng from the Deparhnent s admnstratve or project staff dentfed n Secton N CONTRACT MANAGEMENT of ths Contract shall be consdered as a duly authorzed expresson on behalf of the Department Only communcatons from the Agency that are sgned and n wrtng wll be recognzed by the Department as duly authorzed expressons on behalf of the Agency G No Thrd Partv Benefcares Except as otherwse expressly provded heren nether ths Contract nor any amendment addendum or exhbt attached hereto nor term provson or clause contaned theren shall be construed as beng for the beneft of or provdng a beneft to any party not a sgnatory hereto j Master pocument Revsed Page 8 of 12

12 CONTRACT WS691 Waver of breach of any provson of ths Contract shall not be deemed to be a waver of any other breach and shall not be construed to be a modfcaton of the terms of ths Contract Ths Contract wll be governed by and construed n accordance wth the laws of the State of Florda Any acton hereon or n connecton herewth shall be brought n Leoa County Florda Ths Contract and Addendum A contan all of the terms and condtons agreed upon by the partes N WTNESS THEREOF the partes hereto have caused ths Contract to be executed by ther undersgned offcals as duly authorzed AGENCY CTY OF DELAND SGNED BY NAME TTLE DATE FED DEPARTMENT OF CORRECTONS Approved as to form and legalty subject to executon SGNED BY SGNED BY NAME Edwn G Buss NAME Je pnfer Parker TTLE Secretary TTLE General Counsel Department of Correctons Department of Correctons DATE DATE p 2 1 r Master pocument Revsed 2011 Page 9 of 12

13 Addendum A nmate Work Squad Detal of Costs for Cty of Deland nteragency Contract Number WS691 Effectve September ENTER MULTPLERS N SHADED BOXES ONLY F TO BE NVOCED TO AGENCY Per Offcer Total L CORRECTONAL WORK SQUAD OFFCER SALARES AND POSTON RELATED EXPENSES TO BE REMBURSED BY THE AGENCY Annual Cost Annual Cost Offcers Salary Offcer Multpler Salary ncentve Payment Repar and Mantenance State Personnel Assessment Tranng Crmnal Justce Standards Unform Purchase Unform Mantenance Tranng Crmnal Justce Standards Technology Fee TOTAL To Be Blled By Contract To Agency Cost lmted to frst year of contract as ths s not a recurrng personneuposton cost Annual cost does not nclude overtme pay A The Overtme Hourly Rate of Compensaton for ths Contract s f applcable The Overtme Hourly Rate of Compensaton shall nclude the average hourly rate of pay for a Correctonal Ocer and the average beneft package provded by the department represented as tme and one half for purposes of ths Contract ADMNSTRATVE COSTS TO BE REMBURSED BY THE AGENCY Number Squads Total Annual Cost Costs nclude but may not be lmted to the followng Ran coats staff hgh vsblty safety vest nmate hgh vsblty safety vest fre extngusher frst ad kt personal protecton kt flex cuffs warnng sgns handcuffs gloo coolers portable tolets nsect repellants masks vaccnatons and other admnstratve expenses TOTAL To Be Blled By Contract To Agency ADDTONAL AGENCY EXPENSES Tools equpment materals and supples not lsted n Secton 11 above are to be provded by the Agency CELLULAR PHONE WTH SERVCE REQURED YES NO ENCLOSED TRALER REQURED YES NO Addendum A Revsed Page 10 of 12

14 Addendum A nmate Work Squad Detal of Costs for Cty of Deland nteragency Contract Number WS691 Effectve September Per Unt Number Total Bll To Provded Already V OPERATNG CAPTAL TO BE ADVANCED BY AGENCY Cost of Unts Cost Agency By Agency Exsts Hand Held Rado MACOM Vehcle Mounted Rado MACOM TOTAL Operatng Captal To Be Advanced By Agency V TOTAL COSTS TO BE ADVANCED BY AGENCY 1 Operatng Captal from Secton V 00 2 Grand Total To Be Advanced By Agency At Contract Sgnng 00 Total Cost V TOTAL COSTS TO BE BLLED TO AGENCY BY CONTRACT Total Cost 1 Correctonal Offcer Salares and Poston Retated Fcpenses from Secton Other Related Expenses and Securty Supples from Secton Grand Total To Be Blled To Agency By Contract VL TOTAL OF ALL COSTS ASSOCATED WTH CONTRACT To al of Sectons V and V V OVERTME COSTS f the contractng Agency requests overtme for the work squad whch s approved by the Department the contractng Agency agrees to pay such costs and wll be blled separately by the Department for the cost of overtme Addendum A Revsed Page 11 of 12

15 Addendum A NSTRUCTONS nmate Work Squad Detal of Costs for Cty of Deland nteragency Contract Number WS691 Effectve September Secton Secton Secton Secton V Secton V Secton V Secton V Secton V Costs n ths secton are determned each fscal year by the Budget and Management Evaluaton Bureau and are fxed By enterng the number ot Offcers requred for ths contract the spreadsheet wll automatcally calculate the Total Annual Cost column f ths Work Squad s beyond the frst year of exstence enter a zero 0 n the Total Annual CosY column for Tranng Crmnal Justce Standards after you have entered the Offcers Multpler Safety and envronmental health procedures requre safety measures such as the use of safety sgns vests and clothng The Department s procedure for Outsde Work Squads requres that all Work Squad Ocers be responsble for ensurng ther squad s equpped wth a frst ad kt and a personal protecton equpment PPE kt Secton dentfes such requred equpment A new squad must be suffcently equpped and an on gong squad must bere suppled when needed Type n the number of squads used for ths contract and the spreadsheet wll automatcally calculate the fxed annual expense of per squad and place the total n Secton V Check Yes or No to ndcate whether a Cellular Phone wth Servce and or an Enclosed Traler s requred by the Contract Manager The Department s procedure for Outsde Work Squads requres that they have at least one 1 prmary means of drect communcaton wth the nsttuton Control Room Communcaton va rado and or cellular phone s approprate t s preferred that a backup secondary means of communcaton also be avalable t s the Agency s responsblty to provde them f the Department purchases a rado s the Agency must fund the purchase at the tme the Contract s sgned Check the box for the type of rado and flf n the Per Unt Cost for the type of rado Number of Unts and Total Cost columns Leave the Total Cost column blank f a rado s s not beng purchased at ths tme Check applcable boxes Bll to Agency Provded by Agency and Already Exsts for each rado NOTE All rado communcaton equpment owned or purchased by the Agency that s programmed to he DepartmenYs rado frequency and used by the work squad whether purchased by the Department or the Agency shall be MMEDlATELY deprogrammed by the Department at no cost to the Agency upon the end or termnaton of ths Cantract The total funds the Agency must provde at the tme the contract s sgned wll be dsplayed here when the form s properly flled out The total funds the Agency wll owe contractually and pay n equal quarterly payments wll be dsplayed here The total funds assocated wth the Contract to be pad by the Agency as ndcated n Sectons V and V wll be dsplayed here Any agreement n ths area wll be blled separately as charges are ncurred Addendum A Revsed Page 12 of 12

16 1 OF e r9te F C FLORDA 2jt p t DEPARTMENT of P CORRECTONS D Vl l U L7 g S Governor RCK SCOTT AEtonrvEo Secretary EDWlV G BUSS 501 South Calhoun Street Tallahassee FL http www dc state fl us July Rob McKechne Cty of Deland 1102 South Garfeld Avenue Deland Florda Telephone RE Work Squad Contract WS702 Dear Mr McKechne Enclosed for sgnatures are two 2 orgnals of Work Squad Contract WS702 between the Department of Correctons and your organzaton Ths Contract wll replace current Contract WS548 effectve October Please have both orgnals of the enclosed Contracts s ned and returzl both or nals to ths offce va Express Mal for further processng as soon as possble Once the Contract has been executed by the Departn ent one executed orgnal of the Contract wll be returned to you To provde for a seamless transto7 n contractng please have both orgnals sgned and returned byau ust As a remnder please be advsed to nclude the Contract WS702 on all correspondence that changes to the scope of servces cannot be made except through a forn al Contract amendment executed by both partes and ssued by ths offce and that servces may not be provded after the expraton date unless tlze Contract has been extended or renewed f tllere are aly questons please call me at Snc r y lams Government Operatons Consultant Bureat of Procurement and Supply Enclosure

17 CONTRACT WS702 CONTRACT BETWEEN THE FLORDA DEPARTMENT OF CORR CTONS AND CTY OF DELAND Ths Contract s between the Florda Department of Correctons Department and Cty of Deland Agency whch are the partes hereto WTNESSETH WHEREAS Secton and Secton Florda Statutes and Rules and Florda Admnstratve Code provde for the use of nmate labor n work programs WHEREAS nmate labor wll be used for the purposes of provdng servces and performng work under the supervson of the Department s staff WHEREAS Cty of Deland s a qualfed and wllng partcpant wth the Department to contract for an nmate work squad and WHEREAS the partes hereto fnd t to be n ther best nterests to enter nto ths Contract and n recognton of the mutual benefts and consderatons set forth the partes hereto covenant and agree as follows CONTRACT TERM RENEWAL A Contract Term Ths Contract shall begn on October or the last date of sgnature by all partes whchever s later Ths Contract shall end at mdnght one 1 year s from the last date of sgnature by all partes or September whchever s later n the event ths Contract s sgned by the partes on dfferent dates the latter date shall control B Contract Renewal Ths Contract may be renewed at the opton of the Agency for one 1 addtonal one 1 year perod after the ntal Contract perod upon the same terms and condtons contaned heren The Contract renewal s at the Agency s ntatve wth the concurrence of the Department The Agency f t desres to renew ths Contract shall exercse ts opton no later than sxty 60 days pror to the Contract expraton Master pocument Revsed 2011 Page 1 of 12

18 CONTRACT WS702 SCOPE OF CONTRACT A Admnstratve Functons Each party shall cooperate wth the other n any ltgaton or clams aganst the other party as a result of unlawful acts commtted by an nmate s performng servces under ths Contract between the partes Each party wll retan responsblty for ts personnel and ts fscal and general admnstratve servces to support ths Contract Through ther desgnated representatves the partes shall collaborate on the development of polces and operatonal procedures for the effectve management and operaton of ths Contract B Descrpton of Servces 1 Responsbltes of the Denartment a Pursuant to Chapter a FAC supervson of the work squad wll be provded by the Department The Department shall provde one 1 Correctonal Work Squad Offcer poston to supervse an nmate work squad Ths Contract provdes for one 1 Work Squad s of up to eght 8 nmates b The Department shall ensure the avalablty of the work squad except when weather condtons are such that to check the squad out would breach good securty practces when the absence of the Correctonal Work Squad Offcer s necessary for reasons of requred partcpaton n tranng or approved use of leave when the Offcer s presence s requxed at the nsttuton to assst wth an emergency stuaton when the offcer s ll or when the Correctonal Work Squad Offcer poston s vacant n the event a poston becomes vacant the Department shall make every effort to fll the poston wthn fve 5 workng days c For securty and other reasons the Department shall keep physcal custody of the vehcles tralers and all tools equpment supples materals and personal work tems gloves boots hard hats etc furnshed by the Agency The Department shall mantan an nventory of all property expendable and non expendable provded by the Agency whch s n the care custody and control of the Department A hand recept shall be sgned by the Department s Work Squad Supervsor upon the ssuance and return of non expendable tems d n the event of damage to property as a result of an accdent charged to a Department employee or blatant acts of vandalsm by nmates or loss of tools and equpment the Agency may request that the Department replace or repar to prevous condton the damaged or lost property e The Department shall be rembursed by the Agency for the Department s costs assocated wth ths Contract n accordance wth Addendum A Page 2 of 12 Master pocument Revsed 2011 j

19 j CONTRACT WS702 Once the Agency remburses the Department for the costs reflected on Addendum A Secton N these tems wll be placed on the Department s property records as approprate and upon the end or termnaton of ths Contract such tems wll be transferred to the Agency f g h The Department shall to the maxmum extent possble mantan stablty n the nmate work force assgned to the work squad on aday to bass n order to maxmze the effectveness of the work squad The Department shall provde food and drnks for nmates lunches The Department shall be responsble for the apprehenson of an escapee and handlng of problem nmates The Department shall provde transportaton from the work ste to the correctonal faclty for nrnates who refuse to work become unable to work or cause a dsrupton n the work schedule The Deparhnent shall be responsble for admnsterng all dscplnary acton taken aganst an nmate for nfractons commtted whle performng work under ths Contract j k The Department shall provde for medcal treatment of ll or njured nmates and transportaton of such nrnates The Department shall provde nmates wth all personal tems of clothng approprate for the season of the year 1 The Department shall be responsble for drvng the Correctonal Work Squad Offcer and the nmates to and from the work ste m Both partes agree that the Department s makng no representatons as to the level of sklls of the work squad 2 Responsbltes of the AgencX a The Agency shall perodcally provde the Departrnent s Contract Manager wth a schedule of work to be accomplshed under the terms of ths Contract Devaton from the establshed schedule shall be reported to and coordnated wth the Department b f requred the Agency shall obtan lcenses or permts for the work to be performed The Agency shall provde supervson and gudance for projects that requre a permt or whch requre techncal assstance to complete the project c The Agency shall ensure that all projects utlzng nmates are authorzed projects of the muncpalty cty county governmental Agency or non proft organzaton and that prvate contractors employed by the Agency do not use nmates as any part of ther labor force Master pocument Revsed Page 3 of 12

20 CONTRACT WS702 d e The Agency shall retan ownershp of any vehcles or equpment prov rded by the Agency for the work squad The Agency shall mantan ts own nventory of transportaton tools and equpment belongng to the Agency The Agency shall provde vehcles for transportaton of the work squads 3 Communcatons Equpment t s the ntent of ths Contract that the Work Squad have and mantan communcaton wth the nsttuton at all tmes A method of comnuncaton rados cellular phone etc shall be provded at no cost to the Department The Agency shall provde a prmary method of communcaton that shall be approved by the Contract Manager n wrtng pror to assgnment of the work squad Dependng upon the method of communcaton provded the Contract Manager may requre a secondary or back up method of communcaton All rado communcaton equpment owned or purchased by the Agency that s programmed to the Department s rado frequency and used by the work squad whether purchased by the Department or the Agency shall be MMEDATELY deprogrammed by the Department at no cost to the Agency upon the end or termnaton of ths Contract Under no crcumstances shall the Agency accept the return of rado communcatons equpment provded to the Department under ths Contract untl such tme as the rado communcatons equpment has been deprogrammed by the Department At the end or termnaton of ths Contract the Department s Contract Manager wll contact the Department s Utlty Systems Communcatons Engneer n the Bureau of Feld Support Servces Central Offce to effect the deprogrammng of rado communcatons equpment provded by the Agency a Vehcle Mounted Rados Vehcles provded by the Agency that are or that wll be equpped wth a moblelvehcle mounted rado programmed to the Department s rado frequency es wll be retaned by the Department to ensure securty of the communcaton equpment except for short duratons dctated by the need for vehcle and or communcatons equpment mantenance and or repar The use of these vehcle s durng the perod covered by ths Contract shall not be for any purpose other than as ndcated n ths Contract b Hand Held Rados Hand held rados provded by the Agency that are or that wll be programmed to the Department s rado frequency es wll be retaned by the Department to ensure securty of the communcaton equpment except for short duratons dctated by the need for mantenance and or repar The use of any hand held rado s provded by the Agency that s programmed to a Deparhnent rado frequency utlzed by the Agency durng the perod covered by ths Contract shall not be for any purpose other than as ndcated n ths Contract Master pocument Revsed 01l2011 Page 4 of 12

21 CONTRACT WS702 c Cellular Phones 4 Other Eaupment Cellular phones may be utlzed by the work squad of cer as ether a prmary or secondary means of communcaton as approved by the Contract Manager The Contract Manager shall desgnate whether the usage of a cellular phone s requred on Addendum A The cellular phone wll be retaned by the Department and upon the end or termnaton of ths Contract returned to the Agency The use of the cellular phone s not authorzed for any purposes other than as ndcated n ths Contract The Contract Manager shal determne f an enclosed traler s requred for the work squad to transport tools and equpment utlzed n the performance of ths Contract and shall notfy the Agency when a traler s necessary The Contract Manager shall desgnate whether the usage of an enclosed traler s requred on Addendum A Tf a traler for the work squad s provded by the Agency at no cost to the Department and the Department mantans the traler when the squad s not workng the Agency shall provde an enclosed traler that can be secured when not n use All tools and equpment utlzed by the work squad shall be secured n the traler Upon the end or termnaton of ths Contract the traler wll be returned to the Agency COMPENSATON A Pavment to thede artment l Total Operatng Captal To Be Advanced By Agency as delneated n Secton V of Addendum A shall be due and payable upon executon of the Contract The Department wll not proceed wth the purchase untl payment n full has been receved and processed by the Department s Bureau of Fnance and Accountng Delays n recept of these funds may result n start up postponement or nterrupton of the servces provded by the Work Squad 2 Total Costs To Be Blled To Agency By Contract as delneated n Secton VL of Addendum A wll be made quarterly n advance wth the frst payment equalng one fourth of the total amount due wthn two 2 weeks after the effectve date of the Contract The second quarterly payment s due no later than the 20 day of the last month of the frst Contract quarter Payment for subsequent consecutve quarters shall be receved no later than the 20 day of the last month of the precedng Contract quarter 3 n the event the Correctonal Work Squad Offcer poston becomes vacant and remans vacant for a perod of more than fve 5 workng days the next or subsequent bllng wll be adjusted by the Department for servces not provded 4 The Agency shall nsure any vehcles owned by the Agency used under ths Contract 5 The rate of compensaton shall reman n effect through the term of the Contract or subsequent to legslatve change n the event there s an ncrease decrease n costs dentfed n Addendum A ths Contract shall be amended to adjust to such new rates Master pocument Revsed 2011 Page 5 of 12

22 CONTRACT WS702 B Offcal Pa e The name and address of the Department s offcal payee to whom payment shall be made s as follows Department of Correctons Bureau of Fnance and Accountng Attn Professonal Accountant Supervsor Centervlle Staton Call Box Tallahassee Florda C Submsson of nvoce s The name address and phone number of the Agency s offcal representatve to whom nvoces shall be submtted to s as follows Heath Frederck Drector Cty of Deland Publc Works 1102 South Garfeld Avenue Deland Florda Telephone Fa c Ema frederckh adeland org V CONTRACT MANAGEMENT The Department wll be responsble for the project management of ths Contract The Department has assgned the followng named ndvduals address and phone number as ndcated as Contract Manager and Contract Admnstrator for the Project A B Department s Contract Mana er The Warden of the Correctonal nsttuton represented n ths Contract s desgnated Contract Manager for the Department and s responsble for enforcng performance of the Contract terms and condtons and shall serve as a lason wth the Agency The poston address and telephone number of the Department s Contract Manager for ths Contract s Warden Tomoka Correctonal nsttuton 3950 Tger Bay Road Daytona Beach Florda Telephone Department s Contract Admnstrator The Chef Bureau of Procurement and Supply s desgnated Contract Admnstrator for the Department and s responsble for mantanng a Contract fle on ths Contract servce and wll serve Master pocument Revsed 01l2011 Page6of12 j t

23 CONTRACT WS702 B Offcal Pavee The name and address of the Department s offcal payee to whom payment shall be made s as follows Department of Correctons Bureau of Fnance and Accountng Attn Professonal Accountant Supervsor Centervlle Staton Call Box Tallahassee Florda C Submsson of nvoce s The name address and phane number of the Agency s ocal representatve to whom nvoces shall be submtted to s as fallows Hea h Frederck Drector Cty of Deland Publc Works 1102 South Garfeld Avenue Deland lorda Telephone 38b Fax Emal frederckhna deland org V CONTRACT MANAGEMENT The Department wll be responsble for the project management of ths Contract The Department has assgned the followng named ndvduals address and phone number as ndcated as Contract Manager and Contract Admnstrator for the Project A Department s Contract Manager The Warden of the Correctona l nsttutan represented n ths Contract s desgnatec Contract Manager for the Department and s responsble for enforcng performance of the Contraet terms and condtons and shall serve as a lason wth the Agency The poston address and telephone number of the Department s Contract Manager for ths Contract s Warden Tomoka Correctonal nsttuton 3950 Tger Bay Road Daytona Beach Florcta Telephone B Department s Contract Admnstrator The Chef Bureau of Procurement and Supply s desgnated Contract Admnstrator for the Department and s responsble for mantanng a Contract fle on ths Contract servce and wll serve Master pocument Revsed 2011 Page6ofl2

24 CONTRACT WS 02 The Department and the Agency agree to allow publc access to all documents papers letters or other materals subject to the provsons of Chapter 119 of the lorda Statutes and made or receved by the Agency n conjuncton wth ths Contract t s expressly understood that substantal evdence of ether the Dapartment s or the Agency s refusal to comply wth ths provson shall consttute a breach of Contract B Annual Aropraton The Department s performance under ths Contract s contngent upon an annual appropraton by the legslature t s also contngent upon recept of payments as outlned n Addendum A and n Secton COMPENSATON C Dsputes Any dspute concernng performance of the Gontract shall be resolved nformally by the Contract Manager Any dspute that can not be resolved nformally shall be reduced to wrtng and delvered to the Assstant Secretary of nsttutons The Assstant Secretary of nsttutons shall decde the dspute reduce the decson to wrtng and delver a copy to the Agency wth a copy to the Contract Admnstrator and Contract Manager D Force Majeure Nether party shall be able for loss ar damage suffered as a result of any delay or falure n performance under ths Contract or nterrupton of performance resultng drectly or ndrectly from acts of God cvl or mltary authorty acts of publc enemy war rots cvl dsturbances nsurrectons accdents fre explosons earthquakes floods water wnd lghtnng strkes labor dsputes shortages of sutable parts materals labor or transportaton to the extent such events are beyond the reasonable control of the pary clamng excuse frorn lablty resultng there from E Severabltv The nvaldty or unenforceablty of any partcular provson of ths Contract shall not affect the other provsons hereof and ths Contract shall be construed n all respects as f such nvald or unenforceable provson was omtted F Verbalnstructons No negotatons decsons or actons shall be ntated or executed by the Agency as a result of any dscussons wth any Department employee Only those communcatons whch are n wrtng from the Department s admnstratve or project staff dentfed n Secton V CONTRACT MANAGEMENT of ths Contract shall be consdered as a duly authorzed expresson on behalf of the Department Only communcatons from the Agency that are sgned and n wrtng wll be recognzed by the Department as duly authorzed expressons on behalf of the Agency G No Thrd Partv Benefcares Except as otherwse expressly provded heren nether ths Contract nor any amendment addendum or ebt attached hereto nor term provson or clause contaned theren shall be construed as beng for the beneft of or provdng a beneft to any party not a sgnatoty hereto Master pocument Revsed Page 8 of 12

25 CONTRACT WS702 Waver of breach of any provson of ths Contract shall not be deemed to be a waver of any other breach and shall not be construed to be a modfcaton of the terms of ths Contract Ths Contract wll be governed by and construed n accordance wth the laws of the State of Florda Any acton hereon or n connecton herewth shall be brought n Leon County Florda Ths Contract and Addendum A contan all of the terms and condtons agreed upon by the partes N WTNESS THEREOF the partes hereto have caused ths Contract to be executed by ther undersgned off cals as duly authorzed AGENCY CTY OF DELAND yt SGNED BY NAME TTLE DATE FED DEPARTMENT OF CORRECTONS Approved as to form and legalty subject to executon r SGNED SGNED BY BY 2 NAME Edwn G Buss NAME Je nfer A Parker TTLE Secretary TTLE General Counsel Department of Correctons Department of Correctons DATE DATE f Master pocument Revsed Page9of12

26 Addendum A nmate Work Squad Detal of Costs for Cty of Deland nteragency Contract Number WS702 Effectve October ENTER MULTPLERS N SHADED BOXES ONLY F TO BE NVOCED TO AGENCY Per Offcer Total L CORRECTONAL WORK SQUAD OFFCER SALARES AND POSTON RELATED EXPENSES TO BE REMBURSED BY THE AGENCY Annual Cost Annual Cost Offcers Salary Offcer Multper Salary ncentve Payment Repar and Mantenance State Personne Assessment Tranng Crmnal Justce Standards Unform Purchase Unform Mantenance Tranng Crmnal Technology TOTAL Justee Standards 1642 Fee To Be Blled By Contract To Agency Cost lmted to frst year of contract as ths s not a recurrng personnel poston cost Annual cost does not nclude overtme pay A The Overtme Hourly Rate of Compensaton for ths Contract s f applcable The Overtme Hourly Rate of Compensaton shall nclude the average hourly rate of pay for a Correctonal Offcer and the average beneft package provded by the department represented as tme and one half for purposes of ths Contract ADMNSTRATVE COSTS TO BE REMBURSED BY THE AGENCY Number Squads Total Annual Cost Costs nclude but may not be lmted to the followng Ran coats staff hgh vsblty safety vest nmate hgh vsblty safety vest fre extngusher frst ad kt personal protecton kt flex cuffs warnng sgns handcuffs gloo coolers portable tolets nsect repellants masks vaccnatons and other admnstratve expenses TOTAL To Be Blled By Contract To Agency L ADDTONAL AGENCY EXPENSES Tools equpment materals and supples not lsted n Secton above are to be provded by the Agency CELLULAR PHONE W1TH SERVCE REQURED YES NO ENCLOSED TRALER REQURED YES NO Addendum A Revsed Page 10 of 12