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1981-10 -. . 81-10 WORK OPERATIONAL AGREEMENT This Agreement, by and between the CITY OF CLERMONT, a municipal corporati:on authorized and existing under the laws of the State of Florida, the LAKE CORRECTIONAL INSTITUTION, representing the Department of Corrections, State of Florida. The parties hereto, recognizing the mutual benefits and consideration con- tained herein, covenant and agree as follows: 1. The LAKE CORRECTIONAL INSTITUTION 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 inmate. 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 supervisors prior to their assuming responsibility for inmates. e. Will notfiy 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 Depart- ment of Corrections, LAKE CORRECTIONAL INSTITU- TION, for inmates that become incapacitated during the work day. h. Will be responsible for administering all disciplinary action against inmates for infractions committed while under the supervision of the City of Clermont. NOTE: This will require cooperation of the CITY OF CLERMONT staff. II. . . i. Will determine when inmates may not be checked out for work due to conditions beyond the control of LAKE COR- RECTIONAL INSTITUTION. The CITY OF CLERMONT agrees that it will provide public work projects for the inmates and further coven~nt~ 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 work up to five (5) inmates each day. c. Will be responsible for assigning inmates to work pro- jects 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 institutjon when severe medical emergency arises which could endanger life or limb. The inmate will be transported immediately 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 inmate 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 the Department of Corrections 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. 1. Will provide supervision of all inmates in accordance with Department of Corrections Rules and Regulations. . III. The parties further mutually covenant and agree as follows: a. Prisoners shall be available on a 24-hour basis for em- ergency use by the CITY OF CLERMONT. b. The CITY OF CLERMONT supervisors will insure that inmate workers comply with all normally required safety regu- lations. 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 of rou- tinely assigned in small numbers amoung 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 facil ity wi 11 desi gna te a 1 oca 1 employee to be responsible for coordinating the daily opera- tion 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 claim~ against either depart- ment 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. . . . ATTEST: 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 Corrections or to impose any addi- tional liability on the CITY OF CLERMONT in regard to actions of the inmates. Dated thi s 19th May day of , 1981 CITY OF CLERMONT B~_"'" -~-L! ""-.. --- ES HOSKINSON - MAYOR LAKE CORRECTIONAL INSTITUTION By:a STERLI NG G.