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2004-46 f o a f FLORIDA DEPARTMENT OF CORRECTIONS' ' INTERAGENCY/PUBLIC WORKS AGREEMENT (LOCAL AGREEMENT) This Agreement made and entered into this 1st day of July 2004, by and between the State of Florida, Department of Corrections, through its institution/facility, Lake CI(hereinafter referred to as "Department "), and the City of Clermont, (hereinafter referred to as Agency "), is done so in accordance with Section 94640 Florida Statutes and Florida Administrative Code Rule Chapters 33- 601.201, Inmate Work Programs and 33-601.202, Use of Inmates in Public Works. The duration of this agreement is from 7 -1 -04 to 6- 30 -05. • m/d /y m/d/y Work performed under this Local Agreement is determined to be value added or cost savings as defined in the Community Work Squad Manual (check one) Value .Added X Cost Savings 1 DEPARTMENT'S RESPONSIBILITIES The Department agrees to provide, or is responsible for, those items delineated by placement of an • .X" in the space located to the left of the corresponding number Items for which the Department is not responsible shall be marked "N /A" to the left of the number X 1 Screen inmates for the work to be performed to assign inmates who do not present a danger to property or persons. X 2. Provide up to 6 inmates each workday for the period of the agreement Community custody (n ): Minimum custody ( n ); Both (Z ). X 3 Provide 1 vehicles and 1 Correctional Officers each workday to transport inmates to and from the work site X 4 Provide Correctional Officer supervision of the work squad while performing work • under this Agreement. X 5 Provide food and drinks for inmate lunches X 6 Apprehend escapees and handle problem inmates Y 7 Provide transportation from the work site to the correctional facility for inmates whom refuse to work, become unable to work or cause a disruption in the work schedule X 8 Administer all disciplinary action to be taken against inmate(s) for infractions committed while under the supervision of the Agency Inmate Labor Agreement Page 2 of 4 X 9 Provide for medical treatment of ill or injured inmates and transportation of such inmates N/A 10 Conduct a background check, which includes a criminal history check, and obtain approval by the institution/facility Warden or designee prior to authorizing Non - Department Supervisors to participate in training to supervise inmates. N/A 11 Provide orientation and training to Non - Department Supervisor(s) approved to supervise inmates prior to their assuming supervisory responsibility of an inmate work squad Training will be in accordance with the Department's guidelines for Non - Department Supervision of Inmates and will include annual refresher training during each successive year of supervision by the Non - Department Supervisor N/A 12 Notify the Agency in the event that an Agency employee fails to provide proper supervision of inmate(s) X 13 Provide inmates with all personal items of clothing appropriate for the season of the year X 14 Have inmates ready for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work operations, or when the Department determines that a work squad should not check out N/A 15 Other (attach additional page(s) if necessary) II AGENCY'S RESPONSIBILITIES The Agency agrees to provide, or is responsible for, those items delineated by placement of an ",X" in the space located to the left of the corresponding number Items for which the .Agency is not responsible shall be marked "N /A" to the left of the number X 1 Provide the Department with a schedule of hours that inmates will be worked 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. N/A 2 Provide supervision of inmates in accordance with the Department's rules and regulations while performing work under this Agreement. Non - Department Supervisors may supervise Community and Minimum Custody inmates. Each Non - Department Supervisor must successfully pass a background check that includes criminal history check, and must be approved by the institution/facility Warden or designee and complete required onentation/training in the supervision of inmates, prior to assuming supervision DC6 -246 (Revised 5 -02) . Inmate Labor Agreement Page 3 of 4 N/A 3 Pro\ ide transportation of inmates each workday to and from the work site. N/A 4 Provide all tools, equipment, materials and personal items such as gloves, rubber boots, hard hats, etc , necessary and appropriate for performance of the work under this Agreement X 5 Ensure that licensing or permits are obtained 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 N/A 6. Immediately notify the Department in the event of an escape while the inmate is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform tasks in an acceptable manner. N/A 7 Complete daily the Community Work Squad Activities Report, DC6 -239 (to be provided by the Department) and submit the form on a weekly basis to the Department N/A 8 Report all inmate injuries, regardless of how minor in nature, to the Department as soon as possible Report any medically related complaints made by an inmate to the Department as soon as practical In cases of emergency, render first aid, within the scope of the supervisor's medical training, to work squad inmates and provide emergency health care and related assistance to the Department. N/A 9 Provide inmates with a fifteen- minute rest break in the morning and afternoon Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes - Ensure inmates are supervised during rest and lunch breaks. N/A 10. Require 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 X 11 Ensure that all work assignments /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 X 12 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 attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this 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, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible r DC6 -246 (Revised 5 -02) • Inmate Labor Agreenten( Page 4 of 4 r X 13 Other special considerations regarding activities of the work squad that may be based on work location, etc. (attach additional page(s) if necessary). 111. SUSPENSION OR TERMINATION OF AGREEMENT The Department or the Agency may suspend or terminate this agreement with immediate written notice, in whole or in part, to the other party when the interests of the Department or Agency so require c� Agreed to and signed this.. J day of 1Jt; 200t{ FOR DEPARTMENT OF CORRECTIONS FOR (name of agency receiving services) Name _ _ Name 4.51 t) Q/}v ;5 Title Warden Title ? ;CSry c D _PC e Name Name Title Regional Director Title DC1-216 (Revised 5 -02)