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Agenda 03/11/2008 Item #16E 3 Agenda Item No. 16E3 March 11, 2008 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to enter into an Agreement with the Sheriff's Office for the use of inmate labor. OBJECTIVE: To obtain approval from the Board of County Commissioners to enter into an agreement with the Collier County Sheriffs Office for the use of inmate iabor. CONSIDERATIONS: In an effort to save tax dollars, the Department of Faciiities Management (under the direction of the County Manager and on behalf of the Board of County Commissioners) and the Collier County Sheriffs Office have drafted an agreement whereby inmates (non-violent, minimum-risk offenders who do not present a danger to property or persons) may provide certain tasks (i.e. cleaning parking decks, cleaning kennels, and washing cars), under the supervision of a certified correctional officer. The County will pay for the supervision of these inmates. Supervision costs will vary depending on the particular deputy/correctional officer assigned to the detail. Assignments will be authorized through the Facilities Management Department for all BCC departments. The open- ended agreement can be cancelled by either party with 30 days notice or immediately, if necessary, with written notice. The specific responsibilities of each organization are detailed within the attached agreement. FISCAL IMPACT: Funds for these services will be paid by the department requesting such services. The cost of these services will differ from year to year, depending on the demand and will not exceed the budget of the responsible department's cost center. GROWTH MANAGEMENT IMPACT: There is no impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The attached agreement has been prepared and approved for legal sufficiency by the County Attorney's office. RECOMMENDATION: That the Board of County Commissioners authorizes the Chairman to sign the attached agreement with the Collier County Sheriffs Office for inmate labor authorizes the Facilities Management Director to sign task assignments as described within this summary. PREPARED BY: Skip Camp, CFM, Director, Department of Facilities Management Agenda Item No. 16E3 March 11, 2008 Page 2 of 7 Interlocal Agreement by and between Collier County Board of Commissioners and the Collier County Sheriff's Office for the use ofInmate Labor This Agreement is made and entered into by the Collier County Board of Commissioners and the Collier County Sheriffs Office for the purpose of using inmate labor for Collier County projects and achieving a public purpose. WHEREAS, the Collier County Board of County Commissioners desires to use inmate labor as a cost-saving opportunity to Collier County; WHEREAS, the Collier County Facilities Management Department and the Collier County Sheriff s Office in partnership have created a program designed to use inmate labor to provide a benefit to the community; WHEREAS, the Collier County Sheriffs Office desires to provide inmate labor to Collier County to provide constructive/positive experiences for its inmates; WHEREAS, Chapter 951, Florida Statutes, provides that county prisoners may be used to perform labor upon the roads, bridges, or other public works of the county which the governing body determines are necessary for the health safety, and welfare of the county, and as such Collier County and the Collier County Sheriffs Office find that it is appropriate for the county to employ inmates on public works projects on which the county would otherwise spend public funds. NOW THEREFORE, Collier County ("the County") and the Collier County Sheriffs Office ("CCSO") do enter into the following agreement for the use of inmate labor for appropriate Collier County projects. I. TermlRenewal. This Agreement shall become effective on the date signed by representatives of both parties. The Agreement shall remain in effect from year to year unless suspended or terminated by either party. 2. Termination or Suspension of Agreement. The BCC or the Sheriffs Office may suspend or terminate this Agreement, in whole or in part, with thirty (30) days written notice to the other party. If appropriate, the Agreement may be suspended or terminated immediately with written notice. 3. Financial Obligations. The County shall be responsible for any and all costs associated with this Agreement. Specifically, the County shall pay the actual costs for CCSO to provide supervision and transportation for the inmates, including overtime pay if necessary. Further, the County shall pay each inmate one dollar ($1.00) for each hour worked. Said compensation shall be credited to the account of the inmate and distributed to offset the cost of sustenance. Inmate Labor Agreement Page 2 of 4 Agenda Item No. 16E3 March 11, 2008 Page 3 of 7 4. Collier County Sheriffs Office Responsibilities. CCSO agrees to provide, or is responsible for, those items delineated as follows: (a) Provide a CCSO Deputy Sheriff to supervise the inmates at all time while performing work under this Agreement. (b) Providing appropriate screening and training for supervising inmates. (c) Screen inmates for work to be perfomled in order to assign sentenced inmates who are non-violent, minimum-risk offenders and do not present a danger to property or persons. (d) Provide the number of inmates as agreed upon for each job assignment depending on the specific task to be performed, and provide a list of identifying information for inmates that worked on each assignment. ( e) Provide necessary transportation and supervision during transportation to and from the designated work site. (1) Provide necessary transportation and supervision during transportation from the designated work site if an inmate presents a disciplinary problem or refuses to participate in the work. (g) Administer all disciplinary actions to be taken against inmates for infractions committed while performing work under this Agreement. (h) Ensure that the inmates arrive at the designated times for the various job assignments. (i) Provide food and drinks for inmate lunches. U) Provide drinking water for the inmates. (k) Provide inmates with all personal items of standard CCSO jail uniforms to wear during the job assignment. (I) Apprehend escapees and handle problem inmates. (m) Provide for medical treatment of ill or injured inmates and transportation of such inmates. (n) Report all inmate injuries, regardless of how minor in nature, as soon as possible, to Collier County Department of Risk Management. (0) In cases of emergency, render first aid, within the scope of the supervisor's ability, and summon appropriate assistance if needed. (P) Communicate regularly with the County regarding the work assignment and use of inmates. (q) At all times, inmates will remain in the care, custody and control of CCSO. (r) Provide weekly billing to the Clerk of Courts Office of hours worked by each inmate (identified by A#), and the actual cost of supervision and transportation. 5. Collier County's Responsibilities The County agrees to provide, or is responsible for, those items delineated as follows: (a) Provide CCSO with a schedule of hours that inmates will be needed based on the specific job assignment. (b) Provide CCSO with a detailed description of the work assignment so that appropriate arrangements may be made. (c) A contact person shall be available by telephone or radio while inmates are on the work assignment. Inmate Labor Agreement Page 3 of 4 Agenda Item No. 16E3 March 11, 2008 Page 4 of 7 (d) Provide all appropriate tools, equipment, materials, personal safety items and equipment, such as, but not limited to gloves, protective clothing, work boots, hard hats, etc., necessary and appropriate for performance of the work under this Agreement. (e) Ensure that licensing or permits are obtained if required for the work under this Agreement. (I) Work closely with CCSO to immediately report any security issues. Report any escapes, any inappropriate behavior displayed by inmates, or any inmate who fails to perform tasks in an acceptable manner. (g) Report all inmate injuries, regardless of how minor in nature, as soon as possible. Report any medically related complaints made by an inmate as soon as practical. (h) In cases of emergency, render first aid, within the scope of the supervisor's ability, and summon appropriate assistance if needed. (i) Ifnecessary, provide drinking water for inmates. (j) Provide training and orientate each inmate in the use of equipment and a safety briefing regardless ofthe prior experience of the inmate. (k) Communicate regularly with CCSO regarding the work assignment and use of inmates. (I) Provide a First Aid Kit to each inmate work squad. (m) Pay for inmate labor and the supervision and transportation costs III a timely manner. 6. Workers' Compensation No inmate who participates in the inmate labor program shall be considered an employee of Collier County, nor shall such inmate come within any other provision of the Workers' Compensation Act. 7. Agreement Administration and Contact Information (a) The Collier County contact person responsible for administration of this Agreement: Name: Skip Camp, Director, Facilities Management Address: 3301 Tamiami Trail, East, Naples, FL 34112 Office number: 239.252.8380 Cell: 239.465.9931 In the alternative, in the case of emergency, please contact: Operations Center at 239.252.8380 (b) The CCSO' s contact person responsible for the administration of this agreement: Name: Chief Scott Salley Address: 3301 East Tamiami Trail, Bldg J Office number: 239.793.9171 In the alternative, in the case of emergency, please contact: Captain Christopher Freeman at 239.793.9354 Inmate Labor Agreement Page 4 of4 Agenda Item No. 16E3 March 11, 2008 Page 5 of 7 8. Work Tasks/Assignments Assignments will be presented by the County to CCSO with 10 days notice prior to the start date. The Assignment must be presented in writing and agreed to by both parties evidenced by signatures. The contact persons identified in nwnber 6 above shall be authorized to sign the Assignments on behalf of their respective agencies. 9. Liability Each party shall be liable for its own actions and negligence and, to the extent permitted by law. Nothing in this agreement shall be a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnity the other party for such other party's negligent, willful or intentional acts or omissions. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of , 2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TOM HENNING, Chairman By: DON HUNTER, Sheriff Collier County, Florida Approved as to form and legal sufficiency: By: Colleen M. Greene Assistant County Attorney By: Michael Hedberg Legal Counsel Collier County Sheriffs Office Agenda Item No. 16E3 March 11, 2008 Page 6 of 7 Collier County Board of County Commissioners and the Collier County Sherriff's Office Inmate Labor Task Assi!!nment This task is assigned as part of the Master Agreement between the Collier County Board of County Commissioners and the Collier County Sheriff's Office. Please refer to the Agreement for terms and conditions. Description of the Assignment: Task to start on (date and time): Task to end on (date and time): Signature: Facilities Management Director: Work Phone Number of the Contact Person: Cell Phone Number of the Contact Person: Signature: Collier County Sheriff's Office: Work Phone Number of the Contact Person: Cell Phone Number of the Contact Person: Agreed upon cost: Comments: ---"~-,._._,,-- Page 1 of 1 Agenda Item No. 16E3 March 11, 2008 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E3 Recommendation to enter Into an Agreement with the Sheriffs Office for the use of Inmate labor. Meeting Date: 3/11/2008 90000 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 2/26/20083:28 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 2/27/20088:23 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 2/27/20083:21 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 2/28/20084:41 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 2/29/2008 8:27 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2/29/2008 9:25 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/31200812:10 PM filp.//r.\ A npnn<:lTpC+\J:;'vnrvrt\ 1 ()")_'r\,f<:l-r....hOf.,'1nl 1 Of.,')n')nnQ\ 1 h Of., '1nrrYl\.T~l:1\.rTO/~...,n ^ r::.C1\.rn ^ \ 1 :!/t;./...,nnQ