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1977-03 '. . . WORK OPERATIONAL AGREEMENT This Agreement, by and between the CITY OF CLERMONT, a municipal corporation authorized and existing under the laws of the State of Florida, and LAKE CORRECTIONAL INSTITUTION, representing the Department of Offender Rehabilitation, State of Florida. The parties hereto, recognizing the mutual benefits and considerations con- tained herein, covenant and agree as follows: I. The LAKE CORRECTIONAL INSTITUTE hereby agrees to provide inmates to the CITY OF CLERMONT for the purpose of working on public work projects and further covenants as follows: a. Will provide the CITY OF CLERMONT with minimum or medium custody inmates b. Will be responsible for attempting to apprehend an escaped inmate. c. Will provide food for the inmate lunches. d. Will provide orientation and training to the CITY OF CLERMONT super- visors prior to their assuming responsibility for inmates. e. Will notify the CITY OF CLERMONT in the event a supervisor fails to provide proper supervision of inmates and will have the option to refuse to check out inmates to those who are consistently lax in their supervision. f. Will provide inmates who are physically able to perform manual labor. g. Will provide transportation back to the Department of Offender Rehabilitation facility, LAKE CORRECTIONAL INSTITUTION, for inmates that become incapaci- tated during the work day. h. Will be responsible for administering all disciplinary action against inmates for infractions committed while under the supervision of the iCitydf-: Clermont, ~'~Flotd_da ~- . -- j , staff. NOTE: This will require cooperation of the CITY OF-CLERMONT i. Will determine when inmates may not be checked out for work due to conditions beyond the control of LAKE CORRECTIONAL INSTITUTE. II. The CITY OF CLERMONT agrees that it will provide public work projects for the inmates and further covenants as follows: a. Will pick up inmates at LAKE CORRECTIONAL INSTITUTION and will transport inmates back to LAKE CORRECTIONAL INSTITUTION at the end of the work day. b. Will wor~ up to five (5) inmates each day. c. Will be responsible for assigning inmates to work projects and supervising the work on these projects. Only employees that have been orientated will be authorized to supervise inmate work crews. . . d. Will call the institution when severe medical emergency arises which could endanger life or limb. The inmate will be transported innediately by the CITY OF CLERMONT to the nearest medical facility. As soon as possible a telephone call will be placed to the LAKE CORRECTIONAL INSTITUTION notifying .the officials of the incident and where the inmate has been taken. Cost of emergency medical treatment directly due to the inmate's work for the City will be paid by the CITY OF CLERMONT. e. Will notify the institution officials when an inmates escapes. f. Will notify the institution officials of any trouble with any inmate. g. Will provide all tools, equipment and personal items such as gloves, boots, hard hats, etc., necessary to perform work in a safe and effective manner. h. Will make its staff available to Department of Offender Rahabilitation for orientation training prior to assuming responsibility for supervision of inmates. i. Will not authorize staff to be armed. j. Will have the option to refuse any inmate who continuously does not perform his work in the proper manner. k. Will evaluate inmate performance by completing a work performance evaluation form on each inmate as required. l. Will provide supervision of all inmates in accordance with Department of Offender Rehabilitation Rules and Regulations. III. The parties further mutually covenant and agree as follows: a. Prisoners shall be available on a 24-hour basis for emergency use by the CITY OF CLERMONT. b. The CITY OF CLERMONT supervisors will insure that inmate workers comply with all normally required safety regulations. c. Minimum or medium custody prisoners will be kept in sight or sound contact by CITY OF CLERMONT personnel, however, CITY OF CLERMONT personnel will not attempt to physically prevent escapes of inmates. d. Inmates may be worked as an organized inmate crew or routinely assigned in small numbers among the regular CITY OF CLERMONT work crews in a manner which will enhance to the extent practical the effectiveness of the work unit. However, all inmates at all times will be assigned to a qualified CITY OF CLERMONT employee who is responsible for the inmates' actions and the maintenance of the work crew integrity. Inmates will not be randomly assigned on a day-to-day basis. . . e. Each DOR and CITY OF CLERMONT facility will designate a local employee to be responsible for coordinating the daily operation of the work squads. It is essential that daily contact and communications between these employees be maintained to minimize problems. f. The DOR and the CITY OF CLERMONT mutually agree to assist each other in any litigation or claims against either department arising as a result of acts committed by inmates deployed to and/or under the supervision of the CITY OF CLERMONT. g. Hold joint conferences when it is deemed necessary by either party. h. Reorientate employees when either CITY OF CLERMONT or DOR deems necessary. i. Nothing herein shall be construed to limit the liability of the Department of Offender Rehabilitation or to improve any additional libaility on the CITY OF CLERMONT in regard to actions of the inmates. j.. Operational proceedures are described in Exhibit "A" attached hereto and made a part hereof. Dated this ;J7!t dur~/\- , 1977. day of CITY OF CLERMONT BY: (]t~ CLAUDE E./SMOAK, JR. - YOR ATTEST: QoAAP~ ~/ C,MJ! / DOLO"ES :W. CARROLL - CITY CLERK LAKE CORRECTIONAL INSTITUTION BY: i ~ :~ , _,~4-0 - ':/- / 1(, @ ~~(\Al [ftJ.~ B.OVUi AND BAIRD ATTORNEYS AT LAW POST OF'FICE DRAWER 848 OLERl'.I0NT. FLORIDA 62TH GEORGE E. HOVIS TELEPHONE (904) 394-2103 LEONARD H. BAIRD, JR. September 7, 1978 Mr. Gordon D. Tiffany City Manager City Hall P. O. Box 219 Clermont, Florida 32711 RE: LAKE CORRECTIONAL INSTITUTION AGREEMENT Dear Gordon: The Agreement entered into on September 27, 1977, between the City of Clermont and Lake Correctional Institution provdes that no additional liability is assumed by the City of Clermont as a result of the Agreement. The words "to improve" in Section III (i) are a typographical error and should read "to impose". It is my opinion that the typographical error does not negate the meaning of the parties. Very truly yours, ~.~ , 1 \ ,t ~ LEONARD H. BAIRD, JR. LHB/rpe EXHIBIT "A" LAKE CORRECTIONAL INSTITUTION AND. CITY OF CLERMONT OPERATIONAL PROCEDURES . CLASSIFICATION AND ASSIGNMENT Inmates will be assigned to City of Clermont work squads through normal operational procedures and channels of the Classification Department. All inmates assigned to these squads must be of minimum or medium custody status and be medical grade number 1. Medical grade number 2 may be considered if recommended by the Medical Department and approved by the Superintendent of his designated representative. Only permanently assigned inmates of this institution will be assigned to City of Clermont squads. WORK SQUAD IDENTIFICATION CARDS The Security Department of this institution will prepare work squad idendification cards on the inmates assigned to the City of Clermont squad on the day that inmates are assigned to the squad. These cards will be turned over to the officer stationed at the front gate and they will be received each morning by the employee of the City of Clermont who received that inmate at the front gate. These cards will include such information as the individual inmate's name, age, number, housing assignment, length of sentence, offense, date sentenced, date received at LCI, county committed from, height, weight, build, complexion, hair color, eye color, marks and scars, home of record, notification record and job assignment (special vocational skills indicated in this section by Classification). A picture should also be attached. NOTE: Normal gate pass cards will be prepared and kept in the Control Room and nor~al procedures will be followed by Control Room personnel upon check-in and check-out of these work squads. WORK SCHEDULE Crews will be operating on a five-day week consisting of eight (8) working hours per day plus travel time to the City of Celrmont work site and back to the institution. (Note: Specific days and hours will be added as determined). MEAL ARRANGEMENTS The Food Service Department will be responsible for making sure that an early breakfast is prepared for inmates assigned to these squads. Preparation of a bag lunch and pre- paration for a late supper will be done if needed. EMERGENCY NOTIFICATION Emergency notifications will be the responsibility of the City of Clermont personnel involved in this agreement. Emergency notifications will be made for the reasons prescribed in section to the below listed numbers. Lake Correctional Institution Superintendent Assistant Superintendent Correctional Officer Chief (904) 394-6146 Extension 20 Extension 21 Extension 38 Clermont Police Department (904) 394-4141 NOTIFICATION CITY OF CLERMONT . In case City of Clermont personnal must be contacted for any reason pertaining to this work operational agreement or work squads, the following C~ty of ,Clermont personnel should be contacted. Mr. Tiffany, City Manager (904) 394-4081 Mr. Smythe, Director of Public Works (904) 394-3350 . . - 2 - EMERGENCIES In some emergency situations (vehicle breakdown, washed out bridge, etc.) the City of Clermont is to contact Lake Correctional Institution at (904) 394-6146 (Control Room) and notify them of the number, name and expected time of return for the inmates involved.